Terms and Conditions of the Bonita company represented by Savitar Brands s.r.o.
These Terms and Conditions (hereinafter referred to as Terms and Conditions) provides in compliance with Article 1751, Section 1 of the Act no. 89/2012 Coll., Civil Code (hereinafter referred to as Civil Code) for mutual rights and obligations of contractual parties resulting from or based on a selling agreement (hereinafter referred to as Selling Agreement) concluded between the Seller and a natural person (hereinafter referred to as the Buyer) via Seller's online shop. The Seller's online shop is run on the www.bonitaeurope.eu web page (hereinafter referred to as the web page), using the interface of the page (hereinafter referred to as the web interface of the shop).
These Terms and Conditions form an inseparable part of the Selling Agreement. Both the Selling Agreement and the Terms and Conditions are executed in Czech language. The Selling Agreement can be concluded in Czech, English and German.
The Terms and Conditions can be amended or altered by the Seller. This does not impact the rights and obligations that emerged during the period when an earlier version of the Terms and Conditions was effective.
The Seller in these Terms and Conditions is an entrepreneur who, in contrast to the Buyer, acts within the scope of his or her entrepreneurial activities or as part of an independent job performance when concluding and performing an agreement.
Name: Savitar Brands s.r.o.
Registered office: Havlíčkovo náměstí 2859/12, Praha 3, 13000
Company registration no. (IČO): 28377419
Tax identification no. (DIČ): CZ28377419
Registered in: Register of Companies kept at the Municipal Court in Prague, Section C, Entry 137239
Telephone: +420 603 104 263
Contact address: Havlíčkovo náměstí 2859/12, Praha 3, 13000
List of workplaces: (1) Havlíčkovo náměstí 2859/12, Praha 3, 13000
The Buyer in these Terms and Conditions is a consumer who, in contrast to the Seller, does not act within the scope of his or her entrepreneurial activities, nor as part of an independent job performance when concluding and performing an agreement.
Information on goods and price indicated by the Seller is binding except for an obvious error. Prices are presented including all taxes (e.g. VAT) a fees, except for the cost of delivery. The indicated prices stay valid for the period they are displayed in the web interface of the shop. This does not limit the option to conclude a selling agreement under individually agreed conditions. Acceptance of an offer with an amendment or a deviation is not the acceptance of an offer. Confirmation of contents of an agreement concluded other than in writing that shows deviations from the actually agreed contents of an agreement, does not have any legal effect. Buyer's acceptance of unsolicited performance does not mean the acceptance of an offer. The photographs published on the pages of the online shop represent the goods sold in a faithful manner.
- Goods can be ordered using an order form in our e-shop.
- The order is valid only if all requested information is filled in the form. The Buyer is obliged to fill in the form in a truthful manner, particularly a correct and complete postal address where the goods shall be shipped. The Seller considers the data inserted in the order form as correct.
- The order also serves as a draft selling agreement.
- The contractual relationship between the Seller and the Buyer is established by delivering order acceptance. The order acceptance is sent by the Seller to the Buyer via electronic mail to his or her electronic mail address.
- Order acceptance is sent to the Buyer to his or her email address that he/she indicated in his/her order. By sending the order, the Buyer confirms that he/she acquainted himself/herself with these general Terms and Conditions.
- In the email order acceptance, the Seller specifies the delivery a payment conditions.
- The seller reserves the right to alter the delivery and payment conditions indicated on the website as a consequence of operational and technical reasons (changes in price, lack of goods on the market and the like). Should this be the case, then the Buyer shall be contacted via email to approve of these changes, and only after such email confirmation, an agreement is concluded.
- The Seller is entitled to refuse the order by the Buyer, if the Seller is unable to deliver the ordered goods, e.g. because the goods is no longer produced, the price has changed significantly etc. Should this be the case, the Seller contacts the Buyer so as to agree on the further proceeding.
- If the Seller is able to supply only certain items listed in the order, then the selling agreement covers only these particular types of goods that are indicated in the order acceptance by the Seller. The Buyer shall be informed about it by the Seller in form of an email.
- bank transfer to account no. 220639105/0300 (The Buyer must state the variable symbol. The payment is considered completed once the money arrives to the Seller's bank account.)
- card payment (The payment is considered completed once the money arrives to the Seller's bank account.)
Delivery of goods:
- The Seller will deliver the complete goods to the Buyer within 15 days after the confirmation of the order at the latest, unless it is indicated that the delivery term differs for a particular type of goods.
- If the goods is indicated “on stock”, then the Seller will make a shipment within 2 working days at the latest.
- The Buyer is obliged to accept the delivery and pay for the goods.
- Upon accepting the delivery from the shipping company, the Buyer is obliged to check whether the shipment packing is intact, and contact the Seller immediately (within 2 days at the latest) should the there be any defects. Should the packing be damaged and show signs of illicit breaking into the shipment, the Buyer is not obliged to accept the shipment from the shipping company.
- The goods documentation, particularly the tax document, will be sent by the Seller to the Buyer at the latest within 2 days from the day the goods was accepted by the consumer.
- Should the Buyer breach his or her duty and fail to accept the goods in the agreed period, he or she is obliged to pay to the Seller a fee for storing the goods at a rate of 10 CZK per day of delay, max. amounting to 300 CZK.
- The Seller has the right to sell the goods in an appropriate manner after the Buyer is notified and offered new appropriate acceptance time.
- The Seller has the right to add the cost of goods storing and vain delivery of goods as a consequence of the Buyer's failure to collaborate on top of the sale proceeds.
Delivery of ordered goods:
- The information on the cost of packing and delivering indicated on the shop web page is valid only for shipments within the Czech Republic.
- The goods is shipped in form of a package via the DPD company.
- The usual delivery time is 7 workdays from the day the order was accepted.
Cancellation of the order and withdrawal from the agreement:
- The Buyer can withdraw from the agreement within 14 days from the delivery date of the goods or the last part of the order, regardless of the hand-over or payment method. This period is intended for the Buyer to get adequately acquainted with the nature, features and functioning of the goods.
- The Buyer has the right to withdraw from the agreement also at any time prior to goods delivery.
- The withdrawal from the agreement shall be sent by the Buyer to the Seller within a 14-day period. The Buyer is not obliged to state the reason for withdrawal. To facilitate the communication, it is recommended to state the purchase date or the number of agreement/proof of sale, bank account and the method for goods return.
- The Seller is obliged to return an amount equal to the total sum of goods price and the paid delivery cost within 14 days from withdrawal from the agreement. The payment shall be returned in the same way it arrived from the Buyer. If the Buyer decides to withdraw from a selling agreement, then the Seller is not obliged to pay the received money back before the Buyer returns the goods, or before the Buyer proves the goods was sent back to the Seller. In the same period at the latest, the Buyer is obliged to send or hand over the purchased goods back to the Seller.
- The goods shall be returned to the Seller (not in the form of cash on delivery) in a complete condition, preferably in the original packing, it must not show any signs of wear and tear, nor damage. The cost of returning the goods shall be borne by the Buyer.
- If the Buyer returns the goods in person in the place of business of the Seller, then the Seller is obliged to refund the above mentioned payments to the Buyer within 7 days from the withdrawal from the agreement.
- If the returned goods is damaged as a consequence of the Buyer's failure to observe his/her obligations, then the Seller is entitled to claim a relevant amount to compensate the damage and subtract it from the amount to be returned.
- The Seller has a template form for withdrawal from the agreement which the Buyer can use. The template / online form for withdrawal from the agreement is available here. The Buyer can send his/her withdrawal from the agreement to the place of business address, or to the following email address of the Seller: firstname.lastname@example.org.
- The Seller is entitled to withdraw from the agreement at any time prior to the goods being accepted by the Buyer. In such a case, the Seller returns the purchase price to the Buyer without any undue delay, via bank transfer to the bank account indicated by the Buyer.
Rights and obligations in case of defective goods:
Quality upon delivery
- If the delivered goods suffers from defects (e.g. fails to have the agreed or justly expected qualities, is unsuitable for the usual or agreed purpose, is incomplete, comes in incorrect quantity, measure, weight, or fails to meet other legal, contractual or pre-contractual parameters in terms of quality), it is the liability of the Seller.
- The Buyer can claim, within two years from the acceptance date at the latest, that the Seller shall at no cost remove the defect or request an adequate discount on price; if it is adequate in relation to the defect (particularly if the defect cannot be removed without undue delay), the Buyer may request that new goods free of defects is shipped, or that new defect-free parts are shipped, if the defect only impacts that particular part.
- If the repair or replacement of the goods is impossible, the Buyer may withdraw from the agreement and request his/her money return in the amount equivalent to the complete purchase price.
- Within six months from the goods delivery, it is assumed that the defect existed already upon the delivery.
- If the Seller proves that the Buyer knew about the defect prior to delivery, or that the Buyer himself/herself caused the defect, then the Seller is not obliged to grant the claim.
- In case of used goods, the Seller is not liable for defects corresponding to previous use of the product or its wear and tear. In case of discounted products, the Seller is not liable for defects leading to the discount. Instead of replacement, the Buyer is entitled to an adequate discount.
Legal rights resulting from defects
- The Seller is liable for defects that emerge within 24 months of the warranty period after delivery, or within the service life indicated in the advertisement, on the packing or in the attached instructions.
- The Buyer can raise a claim during this period and, in case of a defect leading to a substantial breach of agreement (regardless of whether the defect can be removed or not), decide whether to:
- remove the defect by delivering new defect-free goods or by delivering the missing part;
- remove the defect by means of repair at no cost;
- request an adequate discount from the purchase price; or
- withdraw from the agreement and request a money return.
- Substantial breach of agreement is a case when the contractual party in breach of the agreement knew, or must have known, that the other party would not have entered into an agreement had it foreseen this breach.
- In case of a defect that means a non-substantial breach of agreement (regardless of whether or not the defect can be removed), the Buyer has the right to defect removal or an adequate discount on the purchasing price.
- If a removable defect appeared repeatedly after a repair (third claim caused by the same defect of forth claim caused by different defects), or if the goods has more defects (at least three defects at the same time), the Buyer has the right to discount on purchase price, replacement of the goods or to withdraw from the agreement.
- The Seller is not liable for defects as a consequence of common wear and tear or failure to observe the instructions for use.
Bonita products are of excellent quality and so far, neither complaint nor claim have been registered. Yet, make sure you study the following conditions carefully, should a complaint appear in the future. Full wording of these conditions is under the “Terms and Conditions” chapter.
Personal data protection:
By filling in a registration form or a binding order, the Buyer gives his/her consent to archive personal data of the Buyer and his/her shopping history in the necessary extent. More on the topic under chapter “Personal data protection”.
- Disputes between the Seller and the Buyer shall be settled by ordinary court.
- A supervision over whether the obligations set forth by Act no. 634/1992 Coll. on consumer protection, as amended, are observed, is carried out by the Czech Trade Inspection Authority (www.coi.cz).
- Other matters not listed here are governed by the Civil Code (Act no. 89/2012 Coll.), by the Act on consumer protection (no. 634/1992 Coll.) and by other laws, as amended.
- The agreement and relevant issues shall be in compliance with the Czech law.
These Terms and Conditions are effective as of 1 December 2015.