Terms and conditions

BUSINESS TERMS AND CONDITIONS OF BIS BIS, s.r.o.

These general terms and conditions apply to the purchase of products on the website www.bisbis.cz, which is operated by BIS BIS, s.r.o. These conditions contain a more detailed regulation of the rights and obligations of the buyer and seller.

 

1. Definition of terms

Buyer means a consumer or other business.

Purchasing consumer, or hereinafter referred to as consumer, is a person who purchases the offered goods neither as a part of his business activity nor as part of the independent self-employment.

A Buyer who is not a consumer is an entrepreneur. Any person who enters into contracts in connection with his own sales, manufacturing or similar activity or in the activity of self-employed person, or a person who acts on behalf of an entrepreneur, is considered an entrepreneur.

An Offer is a legal act leading to the conclusion of a contract, if it contains the essential elements of the contract in such a way that the contract can be concluded by its simple and unconditional acceptance, and if it implies the will of the proposer to be bound by the contract, it will - if the offer is accepted.

It is considered that a quote made to deliver goods for a specified service made in the course of business activity on the e-shop is an offer subject to the stock depletion or loss of the entrepreneur's ability to deliver goods.

 

2. Contact details

BIS BIS, s.r.o.

ID: 075 69 050

based in Ke škole 1388, Mníšek pod Brdy, zip code 252 10

registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 303293

e-mail: kristyna.vavrova@bisbis.cz

tel. no.: 737259899

Bank account number: 2201521012 / 2010

 

3. Information

Information about the goods and their price, which are given by the seller, are binding with the exception of obvious errors. The prices are listed including all taxes (e.g. VAT) and fees, excluding the cost of transporting of the goods to the buyer.

The seller accepts payment for the goods in cash when picking up the goods, by payment cards at the sales manager. If the goods are delivered by a delivery company, the buyer pays the price of the goods by transfer to the seller's bank account. The seller can make an agreement with the buyer to issue an invoice to the buyer with a specific due date.

In accordance with the Act on Registration of Payments, the seller is obliged to issue a tax document to the buyer, which he is obliged to register with the tax administrator in accordance with the Act on Registration of Sales.

If the buyer accepts an offer with an amendment or deviation, it is not an acceptance of the offer.

The buyer is bound by the seller's offer when choosing goods. If the buyer states in the order other goods or goods with different characteristics than those in the seller's offer, the contract will not be formed. The seller cannot deliver goods to the buyer other than the ones ordered by the buyer, unless the contracting parties agree on this.

Acceptance of unsolicited goods by the buyer does not constitute acceptance of the offer.

The purchase contract is concluded in the Czech language.

A purchase contract is created upon acceptance of an offer, or by delivery of the order from the buyer.

The resulting purchase contract or the seller undertakes to store the tax document in an electronic or paper archive for the period required by the relevant laws.

Established purchase contract - the tax document will be handed over to the buyer upon receipt of the goods or will be sent to the e-mail address specified by the buyer.

Images of goods are only illustrative and may differ from the actual appearance of the item.

 

3.1 Payment by card

The seller undertakes to deliver the complete goods to the buyer no later than 14 days after the confirmation of the order, unless a different delivery deadline is specified for the individual goods. If the goods are marked as "in stock", the seller will hand over the goods for transport within 3 working days at the latest, if the goods are delivered via a delivery service provider. The buyer undertakes to take delivery of the goods, or to pay for them if he has not done so before delivery and has checked the delivered goods immediately after taking them over.

If the buyer discovers that the delivered goods are damaged, the seller recommends that the buyer make a damage report with the carrier.

Documents for the goods, the tax document will be handed over by the seller to the buyer at the latest when the goods are handed over.

The seller registers sales in accordance with the Sales Registration Act. A duly completed receipt in accordance with the Sales Registration Act is a tax document that is handed over to the buyer at the latest upon delivery of the goods, which is either in electronic form or in paper form depending on the method of payment of the purchase price and the selected transport.

The buyer can choose from several methods of delivery of the goods, where for each method when ordering the goods, the price for a specific method of delivery is indicated, which will be added to the price of the ordered goods. The seller can change the price of delivery of goods depending on the price list of individual delivery service providers, but for already completed orders, the price for delivery that was confirmed in the order applies.

If the buyer is in arrears with taking over the goods, the seller will notify him by e-mail of the delay and give him a reasonable period for taking over, otherwise he can sell the goods in a suitable way and possibly demand compensation from the buyer for the paid transport.

 

5. Cancellation of order

and withdrawal from the contract In the case of distance contracts, the buyer-consumer has the right to withdraw from the contract within 14 days from the day of taking over the goods, regardless of the method of taking over the goods or making the payment. The buying consumer has the right to withdraw from the contract at any time before the delivery of the goods.

The withdrawal form can be downloaded here .

Withdrawal from the contract is delivered by the buyer to the seller within 14 days without giving a reason.

The seller is obliged to return to the buyer the amount corresponding to the price of the goods and the paid delivery costs within 14 days from the date of receipt of the withdrawal from the contract in the same way as the goods were paid for. If, when returning the goods, the buyer-consumer has chosen another than the cheapest method of delivery of the goods, the seller will reimburse the buyer-consumer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods. The buyer is obliged to return the goods to the seller undamaged, unused, complete and in the original packaging within 14 days of withdrawal from the contract at the latest. The cost of returning the goods is borne by the consumer buyer.

The seller will return the funds received first after receiving the goods from the buyer or after proving that the goods have been sent to the seller.

If the returned goods are damaged, incomplete, used, the seller can claim compensation for the decrease in the value of the goods and deduct it from the returned amount.

Exceptions: The right to withdraw from the contract cannot be applied to contracts for the supply of goods that have been removed from the sealed package and cannot be returned for hygienic reasons.

The seller is entitled to withdraw from the contract at any time before the delivery of the goods, if he is objectively unable to deliver the goods to the buyer within a period appropriate to the circumstances and/or if the buyer has breached a previously concluded contract with the seller.

The purchase contract is not concluded if there are legitimate doubts about the identity of the buyer or in the case of obvious errors in the information about the goods and the price.

 

6. Rights and obligations from defective performance

Received quality

If the goods taken over at the time the buyer took them over have defects, e.g. do not have the specified properties, are not suitable for the usual or agreed purpose, do not correspond to their quantity, weight, measure, etc., these are goods defects for which the seller is responsible .

The purchasing consumer can claim defects in the goods from the seller no later than two years after taking them over and can request free removal of the defect or a reasonable discount on the price of the goods. In the case of defects in the goods that cannot be removed immediately, the buyer may request the delivery of a new item or component without defects, if the defect concerns only a component of the goods.

In the event that the defective goods cannot be repaired or replaced, the purchasing consumer is entitled to withdraw from the contract and demand a full refund of the purchase price. If the buyer-consumer discovers a defect within six months of taking over, it is considered that the defect already existed when the goods were taken over.

If the seller proves that the buyer-consumer already knew about the defect in the goods when taking over the goods or caused it himself, he is not obliged to comply with the buyer-consumer's request.

For things that the seller sells at a lower price due to the existence of a defect, the seller is not responsible for this defect, and in the event of the existence of another defect, the buyer-consumer is entitled to demand a reasonable discount.

Legal rights from defects

The purchasing consumer has the right to exercise the right to a defect in consumer goods within a period of twenty-four months from the receipt of the goods.

The purchasing entrepreneur can exercise the right from a defect in the goods that the goods had when the risk of damage passed to the buyer, although the defect in the goods becomes apparent later. The buyer's entrepreneur's right also arises on the basis of a defect that manifests itself later and was caused by the seller's breach of duty.

The buyer is obliged to notify the seller of defects immediately after he could have discovered them during a timely inspection and due care.

During this period, the buyer-consumer is entitled to file a complaint and, at his discretion, to demand for a defect that is a material breach of the contract, regardless of whether the defect can be removed:

• remove the defect by delivering a new item without a defect or by delivering the missing goods;
• free repair of goods;
• a reasonable discount on the price of the goods;
• return of the purchase price on the basis of withdrawal from the contract.

A material breach of contract is deemed to be a breach of which the breaching party knew or should have known that the other party would not have entered into the contract if it had known of the breach.

If the defect in the goods is of the nature of an insignificant breach of contract (regardless of its removability), the buyer-consumer has the right to the removal of the defect in the goods or a reasonable discount from the purchase price of the goods. If a removable defect occurs in the product repeatedly even after it has been repaired, or the product has a large number of defects, the purchasing consumer may demand a discount on the price of the product or the replacement of the product or withdraw from the contract.

If there are defects on the goods that have arisen as a result of normal wear and tear or non-compliance with the instructions for use, the seller is not responsible for such defects.

Complaint processing

The buyer is obliged to file a claim with the seller immediately, as soon as he discovers the lack of goods. If the buyer makes a complaint in writing or electronically, the buyer is obliged to provide contact information, a description of the defect and a request for the method of handling the complaint.

Applying a complaint

The buyer is obliged to notify the seller of the right he has chosen upon notification of a defect or immediately after notification of a defect.

The buyer has the right to change the right to settle the claim without the seller's consent, if the buyer has requested the repair of a defect that cannot be removed.

If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in case of a non-material breach of contract.

In the event of a claim, the buyer is obliged to prove the purchase of the goods (e.g. receipt, proof of purchase, etc.). The deadline for processing a complaint starts from the handover or delivery of the goods to the seller. The buyer is obliged to pack the goods in suitable packaging so that they are not damaged during transport to process the claim, and they should be complete and clean.

The seller is obliged to deal with the complaint of the buyer-consumer immediately, including the removal of the defect, no later than 30 days from the application of the complaint, if the buyer-consumer does not agree in writing on an extension of the deadline. If the complaint is not resolved within this period, the buyer-consumer has the same rights as if it were a material breach of contract.

If the seller refuses to remove the defect in the goods, the consumer buyer can ask for a reasonable discount on the price of the goods or withdraw from the contract.

If the buyer claims defects, the warranty period is extended by the time from its claim until it is settled or until the time when the buyer should have picked up the goods.

The seller undertakes to inform the buyer about handling the claim in an appropriate way.

If the goods are claimed for a defect that has already been the subject of a claim, the seller is obliged to reimburse the purchasing consumer for the purposefully incurred costs.

The complaint form can be downloaded here.

Personal data protection

Information on how personal data is processed is contained in the section Privacy policy.

Dispute Resolution

Seller and buyer will primarily resolve disputes amicably, in case of impossibility to resolve the dispute amicably no way, the general court will resolve the dispute.

According to Act No. 634/1992 Coll., on consumer protection, as amended, the purchasing consumer is entitled to an out-of-court settlement of a consumer dispute arising from a purchase contract, when the entity authorized to resolve the dispute is the Czech Trade Inspection. More information can be found on the website www.coi.cz. A motion to initiate an out-of-court resolution of a consumer dispute can only be initiated at the request of the consumer buyer, if the dispute has not been resolved directly with the seller. The consumer buyer is entitled to submit this proposal no later than 1 year from the date of exercise of the right with the seller. The buyer-consumer is entitled to initiate an out-of-court settlement of the dispute online using the form on the website ec.europa.eu/consumers/odr/. This method of out-of-court dispute resolution is not mediation pursuant to Act No. 202/2012 Coll., on Mediation, as amended, or arbitration pursuant to Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitration Awards, as amended, and at the same time this does not affect the right of the parties to file a claim with the Czech Trade Inspection or the court.

During the out-of-court settlement of the dispute, the statute of limitations or preclusion periods do not run or start to run according to Act No. 89/2012 Coll., Civil Code, as amended, until one of the parties expressly refuses to continue with the out-of-court settlement of the dispute.

The Czech Trade Inspection supervises compliance with the obligations under Act No. 634/1992 Coll., on consumer protection, as amended.

7. Others

In the event that the buyer orders a larger quantity of goods, goods that are not in stock or special goods to order, the seller may require the buyer to pay a deposit, of which the seller will inform the buyer.

All communications from the seller about the suitability and usability of the goods are provided to the buyer to the best of the seller's knowledge, but only represent his values, experience and information obtained by the seller himself or from the manufacturer or supplier of the goods.

If written communication is used between the buyer and the seller, the seller's delivery address is its registered office and the buyer's delivery address is the address specified in the order.

Communication can also take place via a data box, if the parties have set it up.

Other rights and obligations not regulated in these general terms and conditions are governed by Czech law and relevant laws.