These general terms and conditions (hereinafter the "terms and conditions”) apply to purchase agreements
entered into through the www.ebonza.eu internet platform (hereinafter the "web interface”)
between the seller and you as the purchaser.
1. INTRODUCTORY PROVISIONS
1.1. Who is the agreement entered into?
In each case, you enter into an agreement with the person that is specified in the order form as the seller. The identification data of such a person are always stated on the web interface. In case you have any doubts regarding the person of the seller, contact the operator (as defined below).
An agreement is not entered into with the operator of the web interface, the company eBonza s.r.o., with registered office at Křižovnická 86/6, Staré Město, 110 00 Prague 1, Czech Republic identification number (IČ): 06570798, Tax number (DIČ): CZ06570798, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, file 284550 (hereinafter the "operator”).
1.2. Summary of the contents of the terms and conditions.
Under a purchase agreement, or an agreement on the provision of services, or another similar agreement (hereinafter the "purchase agreement” or "agreement”), the seller undertakes to supply you with the goods specified in the order (or to provide you with a service) and you undertake to take receipt of such goods (to enable the provision of a service) and to pay the seller the price of the goods or of the service. In order for the agreement to be entered into, it is necessary for you to submit an order and for it to be accepted by the seller (according to Article 2). Information on prices is contained in Article 3. Accepted methods of payment and delivery are set out in Article 4 and 5. Information on the option of withdrawing from the agreement after receipt of the goods is set out in Article 6. Complaints are governed by the Complaint Rules.
1.3. Is it a consumer agreement?
It is a consumer agreement if you are a consumer, i.e. if you are a natural person and you are purchasing the goods or services beyond the scope of your business activity or beyond the scope of the independent pursuit of your profession. Otherwise, it is not a consumer agreement and consumer protection under the legal regulations and under these terms and conditions does not apply to you.
1.4. What are the mutual rights and obligations of you and the seller governed by?
First and foremost by the agreement, which consists of the following documents:
- these terms and conditions, which define the mutual rights and obligations;
- the Complaint Rules, which govern the process of complaints on goods;
- the terms and instructions set out within the web interface for the specific goods or service;
- order form and the acceptance thereof,
- the seller’s special terms and conditions, if the seller has created such terms and conditions and has published them on the web interface;
and in matters not regulated by the agreement, our mutual rights and obligations are governed by Czech law, primarily by the following legal regulations:
- Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code”);
- Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
If your place of residence or registered office is located outside of the Czech Republic, or if the legal relationship of you and the seller contains another international element, you agree that the relationship is governed by Czech law. If you are a consumer and the law of the state of your place of residence provides a greater level of consumer protection than Czech law,
such a greater level of protection is provided to you in legal relationships.
If the seller’s special terms and conditions state something different than these terms and conditions, the provision of the seller’s special terms and conditions shall apply. The previous sentence shall not apply if the provisions of the seller’s special terms and conditions would be
favorable for you as a consumer than the provisions of these terms and conditions.
1.5. How do
express consent to the terms and conditions?
By sending an order, and further, also, by confirming within the web interface, you affirm that you have acquainted yourself with these terms and conditions and that you agree to them.
1.6. What else should you know about the terms and conditions?
If any of the provisions of these terms and conditions is invalid, ineffective or inapplicable (or becomes so), a provision that comes closest to it in purpose shall be used in its place. That shall not affect the validity of the other provisions.
The operator is entitled to change or supplement the text of the terms and conditions. The new text of the terms and conditions shall always be published on the web interface; the operator does not inform of a change in the terms and conditions in any other manner. Your rights and obligations are always governed by that version of the terms and conditions under the effect of which they arose. The terms and conditions can only be changed or supplemented in writing.
2.1. How do we enter into the agreement?
In order for an agreement to be entered into, it is necessary for you to send in an order in accordance with these terms and conditions and for such order to be accepted by the seller. Please note that the presentation of the goods and services on the web interface is of an informative nature and is not an offer to enter into an agreement within the meaning of Art.1732 (2) of the Civil Code.
2.2. How is an order submitted?
You can always submit an order by way of the web interface (by filling in the form) or in another manner that the webs interface allows.
Order must contain all of the information prescribed in the form.
Prior to sending off the order by way of the order form, you will be provided with a recap of the order including the final price (containing all taxes, customs charges and fees). Within the recap, you have a final opportunity to change the information you have entered.
You submit a binding order by clicking on the "Confirm order” button. The information contained in a binding order is considered to be correct and complete. Inform the seller of any change thereof without delay by way of your user account, by telephone or by e-mail.
2.3. Can you cancel or change an order that has already been sent?
All sent orders in regard to which the price of the goods or service has been paid are binding. Subsequent cancellations or changes in
order are only possible with the seller’s consent. If an order for goods or a service in regard to which withdrawing from the agreement is not possible (in Article 6 in more detail) is cancelled in such way, the seller is entitled to compensation of the costs that it has already expended in connection with the agreement.
2.4. How do you ascertain that an order has been received and when an agreement is entered into?
The seller will inform you of having received the order by way of the web interface.
A purchase agreement is entered into as of the moment when you pay the price of the goods or service by way of the payment gateway.
2.5. Do you have the option of obtaining the agreement in text form?
The seller will send you the documents comprising the agreement by e-mail or, at your request, will print them out and send them to you by mail. When sending these by mail, the operator or the seller can ask you to compensate the costs associated therewith.
The documents comprising the agreement are archived in electronic form. The agreement is not accessible to third parties.
3.1. Can the price on the web interface change?
If the price specified for goods or services on the web interface or in the course of ordering is not up-to-date anymore, the seller will inform you of such fact. However, received orders shall not be affected by a change in the price that has occurred in the meantime between the sending of the order and its acceptance by the seller.
If an evident technical error has occurred in the statement of the price of the goods or service on the web interface or in the course of order, the seller is not obligated to deliver the goods to you or to provide you with the service for such an evidently incorrect price.
Payment for goods and services is possible in Czech crowns (CZK) if you are buying through the web interface intended for the Czech Republic, or in euros (EUR) if you are buying on the international web interface that is intended for countries other than the Czech Republic, i.e. in each case, in the relevant currency of the given web interface.
4. PAYMENT TERMS
4.1. In what manner can the price of goods or services be paid?
You can pay the price primarily by non-cash payment prior to the delivery of the goods or provision of the service by way of the Lemon Way payment gateway.
Any other payment methods and any fees associated with some payment methods are set out on the web interface.
4.2. When will the purchase price be due for payment?
In the case of non-cash payment before the delivery of goods or provision of service, the price is due for payment immediately after the submission of the order. If payment is not made, an agreement is not entered into within the meaning of Article 2.4 of the terms and conditions.
4.3. How do you obtain a tax document (invoice)?
The seller is obligated to issue you with a tax document (invoice), in accordance with the legal regulations valid and effective at the place of the seller’s registered office. By consenting to these terms and conditions, you grant the seller consent to issue a receipt in electronic form, if the law of the state in which the business operator has its registered office allows for such manner of issuing a receipt.
5. DELIVERY TERMS AND SERVICE PROVISION TERMS
5.1. How are goods sent?
The methods for the delivery of the goods, including the amount of the costs for the delivery of the goods, are determined by the seller and specified on the web interface. You can select the specific method for the delivery of the goods in the order.
The order will always specify the final price which already includes the costs for the selected transport method.
5.2. When will the goods be delivered to you?
The time of the delivery of goods always depends upon their availability and upon the selected manner of transport and payment. The seller cannot influence the time of the delivery of goods through external carriers. In case of problems pertaining to the delivery time, please contact the seller, not the web interface operator.
The seller generally dispatches goods that are in stock within three business days from the submission of the order.
The delivery of goods according to these terms and conditions is understood to mean the moment when the goods are delivered to you. If you refuse to take receipt of the goods without cause, such fact is not considered to constitute non-fulfilment of the obligation to deliver the goods on the part of the seller or
withdrawal from the agreement by you.
You acquire ownership rights to the goods as of the moment of payment of the whole purchase price.
5.3. What should the procedure be when taking receipt of the goods?
When taking receipt of the goods, check the integrity of the packaging of the goods. If you ascertain deficiencies, inform the carrier as well as the seller without delay. If you refuse to take receipt of a parcel with damaged packaging, this is not considered to constitute a causeless rejection of the goods.
As of the moment of the receipt of the goods (or as of the moment when you had an obligation to take receipt of the goods but did not do so in breach of the agreement), liability for the accidental destruction of, damage to or loss of the goods passes to you.
5.4. What happens if you don’t take receipt of the goods?
If it is necessary to deliver the goods repeatedly or in a manner other than as agreed for reasons on your part, you are obligated to compensate the costs associated with such delivery.
If you fail to take receipt of the goods without cause, the seller is entitled to compensation of the costs associated with the delivery of the goods and its storage, as well as of the other costs that the seller incurs due to failure to take receipt of the goods.
If you have already paid the price of the goods, the seller has the right to proceed with the sale of the goods according to Art.2126 of the Civil Code.
5.5. In what manner are services provided?
The manner in which a service is provided is always specified on the web interface. If you and the seller do not agree otherwise in regard to the date of the provision of the service, the service will be provided to you, or it will start to be provided to you, without undue delay after the agreement is entered into, but no later than within 14 days of the agreement having been entered into.
By consenting to the terms and conditions, you grant your consent to the provision of the service within the deadline for withdrawal from the agreement. If the service was provided within the deadline for withdrawal from the agreement, you lose the right to withdraw from the agreement.
6. WITHDRAWAL FROM THE AGREEMENT
6.1. How can you withdraw from the agreement?
You can withdraw from the agreement as a consumer without stating a reason within a period of 14 days from the date of receipt of the goods (in the case of services, within 14 days of the agreement being entered into); if the delivery is divided up into several parts, from the date of receipt of the last delivery. We recommend sending a notification of withdrawal from the purchase agreement through the user account on the web interface, or to the seller’s delivery address or to the address of the seller’s registered office. A model form may be used for withdrawal from the agreement.
6.2. What consequences
withdrawal from the agreement have?
Withdrawal causes the agreement to be cancelled from the outset and is regarded as if it had not been entered into.
6.3. In what manner can you return the goods?
You are obligated to return the goods to the seller within 14 days of withdrawal from the agreement to its delivery address, to its establishment or to the address of the registered office. Do not send goods as "collect on delivery”; the seller is not obligated to take receipt of it thus.
We recommend submitting the following along with returned goods:
- a copy of the delivery note and invoice (if issued) or another document evidencing the purchase of the goods;
- a written statement of withdrawal from the agreement (on our form or otherwise) and the selected refund method.
Failure to submit any of the above documents does not
favorable settlement of your withdrawal from the agreement according to the statutory conditions.
Communication with the seller in connection with the withdrawal of the contract can be done through the web interface. After 14 days from the receipt of purchased goods, it is necessary to communicate with the seller directly, outside the web interface.
6.4. When will you get your money back?
If you withdraw from the agreement, the seller will give you a refund of all received money within 14 days of withdrawal from the agreement. However, please note that the seller is not entitled to refund your money before you return the goods to the seller or prove that you have sent the goods off to the seller.
Besides the purchase price, you are also entitled to a refund of the costs for the delivery of the goods to you. However, if you selected a method for the delivery of the goods other than the cheapest method offered by the seller, the seller will provide you with a refund of the costs for the delivery of the goods in an amount corresponding to the cheapest offered method of delivery of the goods.
Money shall be refunded in the same manner in which you paid the price (provided that you do not notify the seller of a different manner within ten days of withdrawal from the agreement and you do not incur any other costs thereby), or in the manner you request.
The costs associated with the sending of the returned goods to seller’s address are paid by you, even if the goods cannot be returned via normal postal channels due to its nature.
6.5. What if the returned goods were damaged?
When sending, wrap the goods in appropriate packaging in such a way so that it is not damaged or destroyed.
If the seller ascertains that the goods returned by you are damaged, worn, dirtied or partially used up, you are liable to the seller for such a decrease in the value of the goods.
6.6. When is it not possible to withdraw from the agreement?
In accordance with Art. 1837 of the Civil Code, it is not possible to withdraw from the following agreements, among others:
- on the provision of services, if they were fulfilled, with your previous express consent, prior to the elapse of the deadline for withdrawal from the agreement, and you had been informed of such consequence;
- on the delivery of goods that had been modified according to your wishes or for your person;
- on the delivery of perishable goods, as well as goods that were, after delivery, irretrievably blended with other goods;
- on the delivery of goods in a closed package that you have removed from the package and which cannot be returned for hygienic reasons;
- on the delivery of an audio or video recording or computer program if you have breached their original packaging;
- on the delivery of newspapers, periodicals or magazines;
- on accommodation, transport, restaurant services or leisure time utilization, if such performance is provided within a designated time period,
- on the delivery of digital content that has not been delivered on a tangible medium and has been delivered, with your previous express consent, prior to the elapse of the deadline for withdrawal from the agreement, and you had been informed of such consequence.
6.7. When can the seller withdraw from the purchase agreement?
The seller reserves the right to withdraw from the agreement in the following cases:
- the seller has not received the price of the goods or service from you within the payment deadline or you have not taken receipt of the goods;
- the goods cannot be delivered under the original terms due to the objective reasons;
- performance becomes objectively impossible or illegal.
If any of the above situations have occurred, the seller will inform you of withdrawal from the agreement without delay.
If you have already paid the purchase price in full or in part, you will be refunded for the received amount within five days of withdrawal from the agreement, by non-cash transfer to the bank account from which you paid.
7. RIGHTS UNDER DEFECTIVE PERFORMANCE
Your rights under defective performance shall be governed by the relevant generally binding legal regulations (primarily the provisions of Art. 1914 to 1925, Art. 2099 to 2117 and, if you are a consumer, Art. 2158 to 2174 of the Civil Code). When asserting rights under defective performance, the seller proceeds in accordance with the Complaint Rules.
8. FURTHER INFORMATION FOR THE CONSUMER
8.1. What authorizations do sellers have to perform their activity?
The seller is authorized to sell goods on the basis of a trade licensing authorization, or another authorization that is necessary for business activity in the state in which the seller’s registered office is located.
8.2. How does the operator handle grievances?
If you have a grievance in regard to the actions taken by the seller, please contact the operator at the email address email@example.com. The operator will investigate the grievance and will contact you and the seller with a solution. We handle any grievances by way of our contact e-mail. Further, you can contact the relevant trade licensing authority or the Czech Trade Inspection Authority.
8.3. What rights do you have in the event of a consumer dispute?
If you are a consumer and a dispute arises between you out of the agreement that cannot be settled directly, you have the right to submit such a dispute to the Czech Trade Inspection Authority (address: Česká obchodní
inspekce, Ústřední inspektorát - oddělení ADR, Štěpánská 15, 120 00 Praha 2; web interface: www.coi.cz, www.adr.coi.
cz; electronic contact: firstname.lastname@example.org; telephone: +420 296 366 360) for the purpose of alternative dispute resolution for consumer disputes. You can assert such right no later than within 1 year from the date when you asserted the right that is the subject of such consumer dispute with the seller for the first time.
If your place of residence is in another state, you have the right to submit the issue to an alternative dispute resolution body for consumer disputes in such a state, or in the state where the seller’s registered office is located (if it is possible in such states to settle a dispute out of court through a body that is competent to handle such settlement).
To submit a grievance pertaining to goods or services that you have purchased from the seller, and to find an entity for alternative dispute resolution, you can also utilize the online platform established by the European Commission at the address: http://ec.europa.eu/consumers/odr/.
8.4. What other information should you be aware of?
Communications between you and the seller are conducted exclusively in electronic form (by email, or through the web interface). A message sent to the other contracting party is considered delivered 3 days after being sent.
The terms and conditions are drawn up in multiple languages, whereby the text of the Czech language version is decisive.
You declare that you understand every part of the web interface and you do not require a translation of any part of the web interface. All information contained within the web
merely of an informative nature and the operator is not liable for the accuracy, up-to-date status or completeness thereof.
These terms and conditions are valid and effective from 01.01.2019.