1) Basic Provisions
The following Terms and Conditions (GTC) regulate all purchase agreements between Bekwood.cz, Reg. No. 87322820 with its office at Znojemská 6, CZ-32300 Plzeň, registered in Commercial Register with the County Court in Plzeň as a seller on the one part and the entrereneur or consumer (purchaser) on the other part.
Consumer is any person acting pursuant to § 419 Act no. 89/2012 Sb. (Civil code)
Entrepreneur is any person acting pursuant to § 420 Act no. 89/2012 Sb. (Civil code)
By placing the order, the purchaser confirms that it has been acquainted with these general terms and conditions as well as with claims code and that it agrees with both of these documents.
2) Subject of purchase
Subject of purchase are goods offered on the internet website Bekwood.cz. These consist mainly of glasses, phone covers, leather belts adn accessories
The purchaser carries out the purchase by adding requested products and possible design customizations (color, atc.) to the cart, where subsequently the amount of individual items, that were put in the cart, can be regulated. Purchaser then fills out its contact and billing information before confirming order.
Before placing a firm order, the purchaser may check and change any submitted information. The seller assumes no liability for any mistakes and errors having occurred during the transfer of data. The purchase agreement between seller and purchaser is deemed entered into at the moment of confirmation of the order by the purchaser. The purchaser then recieves email letter confirmation of the order send by Bekwood to the adress provided by the purchaser.
Executed purchase agreement can be canceled or changed only if both parties come to a mutual agreement on such action or for legal reasons.
It is believed that the individual technical steps leading to conclusion of purchase agreement are to the purchaser in this GTC sufficiently and clearly explained. Purchase agreement is entered into in czech language. Any resulting disputes are resolved exclusively by legislation of Czech republic, valid at the time of conclusion of the purchase agreement. The executed agreement is archived by the seller for at least eight years from the day of its execution and is not available to other than involved third parties.
By executing the purchase agreement, the seller commits to deliver the ordered goods to a purchaser in condition that satisfies requirements of law regulations as well as a purpose of use as advised by the seller or as could be generally expected from given type of an item, in agreed quantity, quality and design, including documentations that pertains to the goods ordered, and allows purchaser to gain ownership of the goods.
The purchaser agrees to pay the purchase price and accept the goods. The right of ownership of ordered goods passes from seller to purchaser after full payment of the pruchase price.
Products to be shipped are delivered to the purchaser (entrepreneur) by submitting the product to the first shipping company and enabling the purchaser to claim the rights implied by the shipping agreement with the shipping company. Submission of the goods to the purchaser – consumer occurs when the goods are handed over by the shipping company.
If the purchaser is delaying accepting the goods or is delaying payment, upon which is the delivery of the order and tranfer of ownership dependet, the seller has the right to, after providing the purchaser with notice and adequate additional time period for accepting the goods, sell the goods to another purchaser.
4) Conflicts with purchase agreement and their application
The seller is obligated to pack the product as to provide for its protection and presrvation. The purchaser is required to exmaine the goods upon delivery with the relevant transport documents, especially the completeness of the shipment (if the quantity corresponds to the order) and integrity of ther package, whether there is damage done to the protection, barrier or fixation elements of the packaging.
If the shipment is incomplete or damaged, the purchaser has the right to refuse to accept the delivery on the basis conflict with the purchase agreement. If the purchaser decides to accept such delivery, it is necessary to record relevant defects to the delivery protocol of the shipping company and without undue delay send it or its copy electronically or by mail to the adress of the seller.
By accepting the goods and/or by letting the purchaser to view and try the product, the risk of damage passes to the purchaser. If the damage occurs after the risk of damage has passed to the purchaser and if the damage is not result of violation of obligation of the seller, the purchaser is obligated to pay the purchase price.
The purchaser will, as soon as possible, examine the condition of the product, especially the quantity, design and whether the product shows any defects. A defect is a condition where the properties of the goods do not agree with the arrangements made with the seller, or if no such arrangements exist, where the properties do not agree with description given by the seller or the manufacturer. Delivery of a different product or an error in documentation pertaining to given product that is necessary for its use is also considered a defect. Claiming conflicts with the purchase agreement or improper performance is further governed primarly by § 2061 – 2174 act no. 89/2012 Sb. (civil code) and by Claims Code accessible on the Bekwood.cz website.
According to § 1829 of the Act no. 89/2012 Sb. (civil code) the purchaser – consumer has the right to withdraw from the agreement without having to provide explanation, within fourteen days starting with the day following the day that:
Purchaser – consumer or third party appointed by the purchaser (other than the shipping company) accepts the goods in case of purchase agreement;
Purchaser – consumer or third party appointed by the purchaser (other than the shipping company) accepts last portion of delivery of the goods, in case of an agreement subject of which is delivery of several types of products or several parts;
Purchaser – consumer or third party appointed by the purchaser (other than the shipping company) accepts the first delivery of goods, in case of an agreement subject of which is periodical and repeated supply;
To excersise the right of withdrawal from the purchase agreement, the purchaser – consumer has to inform the seller Ondřej Bek – bekwood.cz, Znojemská 6, 323 00 Plzeň, +420 724 583 716, , about this withdrawal, by unilateral legal action (e.g. in form of a letter sent via postal service, phonecall or email). Purchaser – consumer can use attached form template for agreement withdrawal. On the website the purchaser – consumer can also fill in and submit form for withdrawal electronically. If the purchaser decides to use any one of these options, the seller will immediately send confirmation about receiving notification of withdrawal from the agreement. In order to meet the deadline for withdrawal from the agreement, it is sufficient to mail the withdrawal from the agreement before expiration of the given time period.
The purchaser – consumer will, without undue delay, send the goods back to the seller no later than fourteen days from the day the withdrawal from purchase agreement was realized, or hand them over at the address Ondřej Bek – Bekwood.cz, Znojemská 6, 323 00 Plzeň. The deadline is considered preserved if the purchaser – consumer mails the goods back before the expiration of the fourteen day period. Purchaser – consumer bears the direct cost associated with returning the goods. The goods returned by the purchaser – consumer has to be complete, clean, undamaged , in condition and value in which he recieved it, including complete documentation and if possible in original packaging.
If the purchaser – consumer withdraws from the agreement, the seller will without undue delay return all the payments made for the goods that is being returned or was not accepted, including the shipping cost (except for the additional expenses resulting from purchaser – consumer chosen method of delivery that is not cheapest default option offered by the seller) within fourteen day period beginning on the day the seller recieved notification about purchase agreement withdrawal. For the reimbursement the seller uses the same method of payment that the purchaser – consumer used to pay for the goods in the original transaction unless the purchaser – consumer doesn’t explicitly state otherwise. In any case, no additional costs arise for the purchaser – consumer. Reimbursment is however realized only after the goods that is being returned have been recieved by the seller or if the purchaser – consumer prooves that the goods have been sent back, according to what comes first.
Purchaser – consumer bears responsibility for potentional decrease in value due to manipulation with the goods in any other way than the one neccessary to acquaint oneself with the nature and properties of the goods incluing its functionality. In the case in which the goods have been adjusted according to wishes of the purchaser – consumer, the right of the purchaser – consumer to withdraw from purchase agreement expires. If the purchaser – consumer is, together with the goods ordered, provided with gifts and withdraws from the purchase agreement, he is obligated to return those (gifts) as well along with the goods.
Withdrawal from the purchase agreement on the part of the seller is possible only before dispatching the goods. The seller is in this case obligated to contact the purchaser immediately and notify him of this fact together with providing relevant justification. Reasons could be namely not recieving payment for the order from the purchaser or sudden unavaiability of the goods.
Contract price of the ordered goods is price valid at the time of entering into purchase agreement. All prices quoted are final prices including VAT. Shiping fees, collection fees about prices of which is the pruchaser informed during ordering process before the execution of purchase agreement, are added to the price of the goods. Cost of distance communication (especially internet, telephone, and if not stated by the seller otherwise, postal services) are payed for by the purchaser.
The seller accepts the following methods of payment:
Payment on delivery. The cash in this case purchaser hands over to shipping company and additionaly to the standard price of transport pays a delivery fee.
The seller allows these posiible ways of goods delivery:
Cash on delivery
The guarantee terms and conditions are governed by Claims Code avaiable on on the website and by relevant law regulations of Czech republic, particularly § 2161 – 2174 act no. 89/2012 Sb. (civil code).
Personal data of the purchaser are handeled in accordance with act no. 101/2012 Sb. about privacy. Seller doesn’t provide these informations to any third parties with exception of shipping company and data processor authorized by the seller to process the data.
11) Final Provisions
These GTC are avaiable on the bekwood.cz website. Seller reserves the right to change GTC at any time.
Template form for withdrawal
(Purchaser – consumer will fill in this form and send it back only in case if he wants to withdraw from the agreement)