> Terms and Conditions

The person Jakub Faja – BBNS.cz hereby draws attention to the following provisions of the terms and conditions, which could potentially show signs of surprise. The buyer is hereby informed of the following provisions, which he expressly accepts by agreeing to these terms and conditions:

point II/3, dealing with the special VAT regime

point VII/2, dealing with the shortened claim period

point VII/3, dealing with returning goods and issuing new goods, taking into account the nature of the goods

point VII/12, dealing with the impossibility of exchanging goods for other goods, whereby the goods must always be returned and subsequently new goods purchased on the basis of a separate contract. Mutual offsetting of claims is not possible.

 

General Terms and Conditions

 

Jakub Faja

registered in the trade register of the Strakonice Municipal University

Pod Kuridlem 395, Strakonice, 38601, Czech Republic

ID: 11957344

VAT number: CZ0112041721

 

Contact information:

email: [email protected]

phone: +420 733685646

www.bbns.cz

 

Bank connection:

Currency: CZK

Account number: 6021467002/5500

Currency: EUR

IBAN: CZ4255000000006021467002

BIC/SWIFT: RZBCCZPP

 

 

I. Basic provisions

1. These Terms and Conditions govern the mutual rights and obligations of the Seller and the Buyer (hereinafter referred to as: "Buyer"), who conclude a purchase contract for goods through the web interface located on the website available at www.bbns.cz (hereinafter referred to as: "Online Shop") or at the Seller's premises or otherwise.

2. The provisions of the Terms and Conditions are an integral part of the contract concluded between the parties principally through the Online Shop.

3. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.

II. Information on goods and prices

1. Information about the goods, including the prices of the individual goods and their main characteristics, is provided for each individual good in the catalogue of the online shop. The prices of the goods are inclusive of all related charges, but not the cost of returning the goods. The customer is responsible for the return charges. The prices of the goods remain valid for as long as they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.

2. All presentation of goods in the catalogue of the online shop is informative and the seller is not obliged to conclude a purchase contract with the buyer.

3. Information on the costs associated with the packaging and delivery of the goods is published in the online shop. The Seller points out that the goods offered in the online shop, as well as the goods otherwise offered by the Seller, are second-hand collectible goods (hereinafter referred to as "goods"), whereby according to the Value Added Tax Act, and the goods are subject to the so-called special regime, whereby the basis of the value added tax is only the mark-up (margin), less the tax on this mark-up.

III. Order and conclusion of the purchase contract

1. The buyer orders the goods in the following ways:

• via his customer account, if he has previously registered in the online shop,
• by filling in the order form without registration.

2. The information provided in the order form is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the buyer's confirmation that he has read these terms and conditions.

3. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation shall be deemed to be the conclusion of the contract. The confirmation shall be accompanied by the Seller's current terms and conditions. The purchase contract is concluded by the confirmation of the order by the seller to the buyer's email address.

4. In the event that any of the requirements specified in the order cannot be fulfilled, the Seller will send an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.

5. All orders sent by the Buyer are binding. The Buyer may cancel its order until it has received notification of acceptance of the order by the Seller. The Buyer may also request cancellation of an order by calling the Seller's telephone number or the Seller's email address listed in the online shop.

6. In the event that there is an obvious technical error on the part of the Seller in the indication of the price of the goods in the online shop or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed to be a new proposal for a purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address.

7. The conclusion of the Purchase Contract may also take place at the Seller's premises, whereby the Buyer will be notified of the wording of the Terms and Conditions at the time of purchase.

IV. Customer account

1. Based on the buyer's registration made in the online shop, the buyer can access his customer account. From his/her customer account, the buyer can order goods. The Buyer can also order goods without registration.

2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide truthful information. The Buyer is obliged to update the information provided in the user account. The Buyer is responsible for the accuracy of the data when ordering goods and the Seller always assumes the accuracy of the data.

3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow third parties to use the customer account.

5. The Seller may cancel the user account, in particular if the Buyer no longer uses his/her user account or if the Buyer breaches his/her obligations under the Purchase Agreement and these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

V. Payment terms and delivery of goods

1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement in the following ways.

• cashless payment via Google Pay.
• by cashless payment via Apple Pay.
• Cash on delivery.
• by wire transfer to the Seller's bank account.
• cashless by credit card.

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.

3. In the case of payment via a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.

4. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account within 5 working days from the date of the order.

5. The Seller does not require any advance payment or any other similar payment from the Buyer in advance. Payment of the purchase price before shipment of the goods is not a deposit.

6. According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax authorities online, and in case of technical failure, within 48 hours at the latest.

7. The goods are delivered to the Buyer in accordance with the contract, with the cost of delivery of the goods depending on the method of dispatch and receipt of the goods being specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with this method of delivery.

8. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery. In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery

9. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event that the packaging is found to have been damaged in a way that indicates unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

10. The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the buyer's email address.

11. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking delivery of the goods or at the moment when the buyer was obliged to take delivery of the goods but failed to do so in breach of the purchase contract.

12. The goods are delivered to the buyer:
- to the address specified by the buyer of the order
- via a dispatch centre to the address of the dispatch centre designated by the buyer

VI. Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days

• from the date of receipt of the goods,
• from the date of receipt of the last delivery of the goods if the subject of the contract is several types of goods or the delivery of several parts
• from the date of receipt of the first delivery of the goods if the subject of the contract is a regular recurring delivery of goods.

3. The buyer may not, inter alia, withdraw from the contract of sale:

• the provision of services, if they have been performed with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that he has no right to withdraw from the contract in such a case,
• the supply of goods or services the price of which depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period,
• the delivery of goods which have been adapted to the wishes of or for the buyer.

4. In order to comply with the withdrawal period, the Buyer must establish a return or claim case by completing the return or claim form in the section "Returns and Claims" within the withdrawal period.

5. In order to withdraw from the contract, the buyer must fill in the return or claim form provided by the seller in the section "returns and claims". The Buyer shall send the withdrawal from the Purchase Contract by confirming the submission of the completed online form The Seller shall confirm receipt of the form to the Buyer without delay.

6. The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

7. If the buyer withdraws from the contract, the seller shall return the funds received from the buyer to the buyer without delay, but no later than 14 days after withdrawal, in the same manner. The seller shall only return the funds received to the buyer in another way if the buyer agrees to this and if no additional costs are incurred.

8. The Seller is obliged to return to the Buyer the funds specified in the Purchase Contract, including the costs of shipping to the Buyer, but not the costs of return shipping to the Seller, these costs shall be borne by the Buyer.The funds shall be returned within 30 days from the date of receipt of the product by the Seller from the Buyer. Only in the event that the Seller has erred and has delivered non-conforming or other goods to the Buyer, the Seller will, after mutual communication, assume responsibility and provide the Buyer with a return code for return shipment prior to return shipment and therefore the Seller will pay the cost of return shipment to the Seller.

9. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the funds received to the Buyer until the Buyer has handed over the Goods to the Seller or proved that he has dispatched the Goods to the Seller.

10. The goods must be returned by the Buyer to the Seller undamaged, unworn and unsoiled and in their original packaging including all their components. The packaging is part of the goods and failure to return or damage to the packaging may result in a reduction in the value of the goods. The Seller is entitled to unilaterally set off any claim for damages to the goods against the Buyer's claim for a refund of the purchase price.

11. The Seller is entitled to withdraw from the contract of sale due to out of stock, unavailability of the goods or if the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall refund all monies, including delivery costs, received from the Buyer under the contract within 14 days of notification of withdrawal from the contract, in the same manner or in the manner specified by the Buyer.

VII. TERMS OF RETURN

• The goods must be returned within 14 days of receipt.
• The goods must be unworn and resalable.
• The goods must be packed in their original packaging, which must not be damaged (for example, by taping them over for transport purposes).
• The goods must not be damaged or defaced in any way by you.

1. In the event that we find the returned goods damaged or in any way degraded, the claim may be disallowed and the goods sent back to the customer.

2. Size exchange can be made, only within the same model of goods. In the event that the price of the new size is greater, we will send you the new size on delivery, at the value of the difference of the goods.

I. Rights from defective performance

1. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In principle, the seller is liable to the buyer that at the time the buyer took over the goods:

• the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
• the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
• the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
• the goods are in the appropriate quantity, measure or weight
• the goods comply with the requirements of the legislation.

2. If the defect becomes apparent within six months of the buyer's receipt of the goods, the goods shall be deemed to have been defective upon receipt. The buyer shall be entitled to exercise the right to claim for any defect that occurs in the goods within twelve months of receipt. This provision shall not apply to goods sold at a lower price for which the lower price was agreed, to wear and tear caused by normal use, to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods, the buyer acknowledging the above.

3. In the event of the occurrence of a defect, the Buyer may submit a claim to the Seller and demand, if possible in view of the nature of the goods:

• replacement with new goods, which is often impossible given the unique nature of the goods,
• repair of the goods,
• a reasonable discount on the purchase price,
• withdraw from the contract

4. The buyer has the right to withdraw from the contract,

• if the goods have a material defect and it is not a defect corresponding to the level of use or wear and tear that the goods had when the buyer took them over
• if he cannot use the goods properly because of the recurrence of the defect or defects after repair,
• in the case of multiple defects in the goods.

5. The Seller is obliged to accept the claim in any establishment where the claim can be accepted, possibly also in the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of settlement the Buyer requires, as well as confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or written justification for the rejection of the claim.

6. The Seller or an employee authorised by the Seller shall decide on the complaint immediately or, in complex cases, within three working days. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, within 14 days of the date of the complaint, unless the seller and the buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the buyer's expression of will (exercise of the right from defective performance) reaches the seller.

7. The Seller shall inform the Buyer in writing of the outcome of the claim, including electronically.

8. The Buyer is not entitled to the right of defective performance if the Buyer knew that the item was defective before taking over the item or if the Buyer caused the defect.

9. In the case of a justified claim, the buyer is entitled to compensation for the costs reasonably incurred in connection with the claim. The buyer may exercise this right with the seller within one month after the expiry of the warranty period.

10. The buyer has the choice of the method of claim.

11. The rights and obligations of the contracting parties with regard to the rights arising from defective performance are governed by the applicable Czech law, taking into account the fact that the goods are not new in principle.

12. If the buyer wishes to purchase other goods from the seller, it is not possible to transfer the price of the goods to credit and collect the new goods or to exchange the goods for other goods with additional payment by either party when returning the goods, but it is necessary, inter alia, in view of the nature of the goods, to withdraw from the contract in accordance with the legal regulations and then, if necessary, conclude a new contract.

II. Delivery

1. The parties may deliver all written correspondence to each other by electronic mail.

2. The Buyer shall deliver correspondence to the Seller at the email address provided on the Seller's website. The Seller shall deliver correspondence to the Buyer at the email address provided in the Buyer's customer account or order.

III. Out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract.

2. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

3. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

IV. Final provisions

1. All agreements between the Seller and the Buyer are governed by the law of the Czech Republic and the competent courts are Czech courts. This is without prejudice to the consumer's rights under generally binding legislation.

2. The Seller is not bound by any codes of conduct in relation to the Buyer.

3. All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.

4. Buyer hereby assumes the risk of change of circumstances.

5. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

6. The Seller may change or amend the wording of the Terms and Conditions, whereby the Seller undertakes to notify the Buyer of the new wording at least 14 days before the effective date of the new Terms and Conditions, and if the Buyer does not object to the new wording of the Terms and Conditions no later than the effective date of the new wording of the Terms and Conditions, the Buyer shall be deemed to have accepted the changes in full and shall have no objection. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

7. A sample withdrawal form is attached to the terms and conditions.

 

These terms and conditions come into force on 22.1.2023