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Terms and Conditions

The following text is an automatic translation of the valid Czech original. Any errors in its translation are reserved.

 

1. INTRODUCTORY PROVISIONS

1.1. These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued in accordance with § 1751 and the following sections of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

  • Petra Fléglová

  • Registered office: Letohradská 754/48, 170 00 Prague 7

  • Company ID: 87781450, VAT payer

  • Registered in the Trade Register at the Municipal Office of Hořice on April 15, 2011, for the sale of goods via an online store located at the internet address https://www.bohemianvan.com  

  • email: store@bohemianvan.com

  • phone: +420 777 943 066

  • www: bohemianvan.com 

(hereinafter referred to as "Seller")

 

These Terms and Conditions govern, in accordance with § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or based on the purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") via the Seller's online store. The online store is operated by the Seller on the website located at www.bohemianvan.com (hereinafter referred to as the "Website"), through the Website's interface (hereinafter referred to as the "Online Store Interface").


1.2. These Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activity or professional practice when ordering goods.


1.3. Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.


1.4. The provisions of these Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement can be concluded in the Czech language.


1.5. The Seller may amend or supplement the wording of these Terms and Conditions. This provision does not affect the rights and obligations that arose during the effectiveness of the previous version of the Terms and Conditions.


2. USER ACCOUNT

2.1. Based on the buyer's registration on the Website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the online store interface allows it, the buyer can also place orders for goods without registration directly from the online store interface.


2.2. When registering on the Website and when ordering goods, the buyer is obliged to provide accurate and truthful information. The buyer is required to update any information in their user account whenever it changes. The information provided by the buyer in the user account and during the ordering process is considered correct by the Seller.


2.3. Access to the user account is secured by a username and password. The buyer is obliged to keep confidential any information necessary to access their user account.


2.4. The buyer is not entitled to allow third parties to use their user account.


2.5. The Seller may cancel the user account, especially in cases where the buyer has not used the user account for more than 4 years or if the buyer breaches their obligations under the purchase agreement (including the terms and conditions).


2.6. The buyer acknowledges that the user account may not be available continuously, particularly due to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.


3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. Any presentation of goods displayed in the web interface of the store is of an informative nature, and the seller is not obliged to conclude a purchase agreement regarding this goods. The provision of Section 1732 (2) of the Civil Code does not apply.


3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the costs of returning the goods if, by their nature, they cannot be returned by ordinary postal means. The prices of goods are listed inclusive of value-added tax and all related fees. The prices of goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase agreement under individually negotiated terms.


3.3. The web interface of the store also contains information on costs associated with packaging and delivering the goods. The information regarding packaging and delivery costs provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic. 


3.4. To order goods, the buyer fills in an order form in the web interface of the store. The order form contains in particular information about:

3.4.1. the goods being ordered (the buyer “places” the goods into the electronic shopping cart in the web interface of the store),

3.4.2. the method of payment for the purchase price of the goods, details about the requested method of delivery for the ordered goods, and

3.4.3. information about the costs associated with the delivery of the goods (collectively referred to as the “order”).


3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data entered in the order, including the option for the buyer to identify and correct errors made when entering data into the order. The buyer submits the order to the seller by clicking the “Submit Order and Pay” button. The information provided in the order is considered correct by the seller. Immediately upon receiving the order, the seller will confirm the receipt to the buyer via electronic mail to the buyer’s email address specified in the user account or in the order (hereinafter referred to as the “buyer’s email address”).


3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price amount, anticipated delivery costs), to request additional confirmation of the order from the buyer (e.g., in writing or by phone).


3.7. The contractual relationship between the seller and the buyer arises upon the delivery of the order acceptance (confirmation), which is sent by the seller to the buyer via electronic mail to the buyer’s email address.


3.8. The buyer agrees to the use of remote communication means when concluding the purchase agreement. Costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement (costs of internet connection, costs of phone calls) are borne by the buyer, and these costs do not differ from the standard rate.


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4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The buyer may pay the price of goods and any costs related to the delivery of goods under the purchase agreement to the seller using the following methods:

  • In cash at the seller’s registered office at Letohradská 754/48, 170 00 Prague 7;

  • By cash or cashless payment on delivery of the goods;

  • By cashless transfer to the seller’s account no. 191839406/0300, maintained with ČSOB (hereinafter referred to as the “seller’s account”);

  • By cashless payment via the payment gateway provided by Comgate, a.s.
    https://www.comgate.cz/cz/platebni-brana

  • By card and bank payment buttons. More details can be found at: https://help.comgate.cz/v1/docs/cs/platby-kartou a https://help.comgate.cz/docs/bankovni-prevody

  • Contact details for Comgate, a.s. for any complaints or payment inquiries:
    Comgate, a.s.
    Gočárova třída 1754 / 48b, Hradec Králové
    Email: platby-podpora@comgate.cz
    Phone: +420 228 224 267


4.2. Together with the purchase price, the buyer is also obliged to pay the seller the agreed costs associated with packaging and delivery of the goods. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.


4.3. The seller does not require the buyer to pay a deposit or any similar advance payment. This does not affect the provision of Article 4.6 of the terms and conditions concerning the obligation to pay the purchase price in advance.


4.4. In the case of cash payment or payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 3 business days of concluding the purchase agreement.


4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods using the variable payment symbol provided. The buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.

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4.6. Upon successful cashless payment, the “PAID” page will be displayed.


4.7. The seller is entitled, especially if the buyer fails to provide additional confirmation of the order (Article 3.6), to require full payment of the purchase price before dispatching the goods to the buyer. The provision of Section 2119 (1) of the Civil Code does not apply.


4.8. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.


4.9. If customary in business practice or stipulated by generally binding legal regulations, the seller will issue a tax document – an invoice – to the buyer regarding payments made under the purchase agreement. The seller is a VAT payer. The tax document – an invoice – will be issued by the seller to the buyer after the purchase price has been paid and sent in electronic form to the buyer’s electronic address.


4.10. According to the law on sales record-keeping, the seller is obliged to issue a receipt to the buyer.


5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase agreement, among other cases, for the supply of goods that were customized according to the buyer’s wishes or for their person, goods that are perishable, goods that were irreversibly mixed with other goods after delivery, or goods in sealed packaging that were unsealed by the consumer and cannot be returned for hygienic reasons.


5.2. Unless it is a case specified in Article 5.1 of the terms and conditions or another case where withdrawal from the purchase agreement is not permitted, the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of Section 1829 (1) of the Civil Code. This right can be exercised within fourteen (14) days from the receipt of the goods. If the purchase agreement includes several types of goods or the delivery of several parts, the period begins on the day of receipt of the last delivery of goods. The withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence.

To withdraw from the purchase agreement, the buyer may use the template form provided by the seller, which is attached to the terms and conditions. The withdrawal can be sent, among other options, to the seller’s registered office at

Letohradská 754/48, 170 00 Prague 7, or to the seller’s email address at store@bohemianvan.com.

5.3. In the event of withdrawal from the purchase agreement pursuant to Article 5.2 of the terms and conditions, the purchase agreement is canceled from the outset. The goods must be returned by the buyer to the seller within fourteen (14) days from the date the notice of withdrawal was delivered to the seller. If the buyer withdraws from the purchase agreement, the buyer shall bear the costs associated with returning the goods to the seller, even in cases where the goods cannot be returned via standard postal methods due to their nature.


5.4. In the event of withdrawal from the purchase agreement pursuant to Article 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer’s withdrawal from the purchase agreement, using the same payment method that was used by the buyer. The seller is also entitled to refund the payment upon the buyer’s return of the goods or through another agreed method, provided that no additional costs arise for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to refund the received funds before the buyer returns the goods or provides proof that the goods were sent to the seller.


5.5. The seller is entitled to unilaterally offset any claim for damages to the goods against the buyer’s claim for a refund of the purchase price.


5.6. In cases where the buyer has the right to withdraw from the purchase agreement in accordance with Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time until the goods are received by the buyer. In such cases, the seller shall return the purchase price to the buyer without undue delay, via a cashless transfer to the account specified by the buyer.


5.7. If a gift is provided to the buyer along with the goods, the gift agreement between the seller and the buyer is concluded with a resolutory condition. This means that if the buyer withdraws from the purchase agreement, the gift agreement ceases to be effective, and the buyer is obliged to return the provided gift to the seller along with the goods.


6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of delivery is arranged based on a specific request from the buyer, the buyer assumes the risk and any additional costs associated with that method of delivery.


6.2. If the seller is obligated under the purchase agreement to deliver the goods to a location specified by the buyer in the order, the buyer is required to take delivery of the goods upon delivery.


6.3. If, for reasons attributable to the buyer, it becomes necessary to deliver the goods repeatedly or in a manner other than specified in the order, the buyer is obligated to pay the costs associated with repeated delivery or the costs of the alternative method of delivery.


6.4. Upon receiving the goods from the carrier, the buyer is required to check the integrity of the packaging and promptly notify the carrier of any defects. If any damage to the packaging indicating unauthorized interference with the shipment is detected, the buyer is not obliged to accept the shipment from the carrier.


6.5. Additional rights and obligations of the parties regarding the transport of goods may be governed by the seller's special delivery terms, if issued by the seller.


7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contractual parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).


7.2. The seller is liable to the buyer for ensuring that the goods are free from defects at the time of acceptance. Specifically, the seller guarantees that at the time the buyer takes possession of the goods:

7.2.1. the goods have the properties agreed upon by the parties, or, in the absence of an agreement, have such properties that the seller or manufacturer described, or that the buyer expected given the nature of the goods and based on any advertising conducted by them,

7.2.2. the goods are suitable for the purpose stated by the seller or for which goods of this type are usually used,

7.2.3. the goods match the quality or design of an agreed sample or model if the quality or design was determined according to an agreed sample or model,

7.2.4. the goods are in the appropriate quantity, measurement, or weight, and

7.2.5. the goods comply with the requirements of legal regulations.

 

7.3. The provisions set out in Article 7.2 of these terms and conditions do not apply to goods sold at a reduced price due to a defect for which the reduced price was agreed, to wear and tear of the goods caused by their normal use, to defects in used goods corresponding to the level of use or wear that the goods had when accepted by the buyer, or if the defect results from the nature of the goods.


7.4. The buyer shall exercise rights arising from defective performance with the seller at the seller's registered office address, where acceptance of a complaint is feasible given the range of goods sold.


7.5. Additional rights and obligations of the parties related to the seller's liability for defects may be governed by the seller's complaints procedure.


8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

8.1. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.


8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 paragraph 1 letter e) of the Civil Code.


8.3. The seller handles consumer complaints through the electronic address store@bohemianvan.com. The seller will send information regarding the resolution of the buyer's complaint to the buyer's electronic address.


8.4. For out-of-court resolution of consumer disputes arising from the purchase contract, the competent body is the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: https://adr.coi.cz/cs. 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 arising from the purchase contract.


8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to 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 (Online Dispute Resolution Regulation).


8.6. The seller is authorized to sell goods based on a trade license. The trade licensing authority performs supervision within its competence. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.


8.7. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 paragraph 2 of the Civil Code.


9. PERSONAL DATA PROTECTION

9.1. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of natural persons in relation to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), regarding the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating this contract, and for the purpose of fulfilling public law obligations of the seller, through a separate document. More detailed information about the protection of personal data can be found in the Privacy Policy.


10. SENDING COMMERCIAL COMMUNICATIONS AND COOKIE STORAGE

10.1. The buyer agrees to receive information related to the goods, services, or business of the seller via the buyer's email address and further agrees to receive commercial communications from the seller to the buyer's email address. The seller fulfills its information obligation to the buyer under Article 13 of the GDPR concerning the processing of the buyer’s personal data for the purpose of sending commercial communications through a separate document.


10.2. The buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations from the purchase contract without storing cookies on the buyer's computer, the buyer may withdraw their consent to the storage of cookies at any time.


11. DELIVERY

11.1. The buyer may receive deliveries at their email address.


11.2. A notice will be considered delivered even if the recipient refused to accept it, did not pick it up within the storage period, or if it was returned as undeliverable.


11.3. The contracting parties may exchange regular correspondence via email, either to the email address provided in the buyer's user account or in the buyer's order, or to the address listed on the seller's website.


12. FINAL PROVISIONS

12.1. f the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship will be governed by Czech law. The choice of law under the previous sentence does not deprive the buyer, who is a consumer, of the protection provided by the provisions of the legal system from which it is not possible to contractually depart, and which would otherwise apply in the absence of a choice of law, pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).


12.2. If any provision of these terms and conditions is invalid or ineffective, or becomes so, it will be replaced by a provision whose meaning most closely approximates that of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.


12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.


12.4. An appendix to the terms and conditions is the model form for withdrawal from the purchase contract.


12.5. Contact details of the seller: 

  • Delivery address: Petra Fléglová, Letohradská 754/48, 170 00 Praha 7,

  • Email address: store@bohemianvan.com, 

  • Phone contact: +420 777 943 066



Date in Prague: 19th July 2024

Doprava

Exchange and Return of Goods

You can return any goods to us, undamaged and unused, within 14 days from the date you received them, without providing any reason. Once we receive the return, we will inspect the item and refund your money.

To ensure everything goes smoothly and avoid confusion or delays, please follow the steps outlined below.

Procedure for Returning Goods:

1) Fill out the return form:

In the form, please specify which items and from which order you are returning, and provide the bank account number where you would like the refund to be made. This will speed up the entire process.

2) Pack the goods securely

Please securely pack the unused and undamaged goods. Try to retain the original packaging as much as possible. Include the printed and filled-out return form. If you cannot print it, please attach a handwritten document with the order number, your name, contact details, and the reason for the return. This will significantly speed up the process, as it will allow us to quickly identify which order the return is related to.

3) Send the goods and documents to our address:

 

Petra Fléglová

Letohradská 754/48

170 00 Prague 7
Czech Republic

 

Please provide the following details to the carrier:

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Once we receive the goods, we will contact you and resolve the situation. Please use carriers who will deliver the returned items directly to our address for all returns. Shipments delivered to different pick-up points, etc., will not be accepted, and the carrier will return them to you.

Reklamace

Warranty and Complaint Terms for the Czech Republic and End Users

All matters not specifically described here are governed by the Civil Code and the Consumer Protection Act in their current versions.

In the case of purchasing goods for business purposes, the complaint procedure will follow the relevant provisions of the Civil Code in its current version.

 

Submitting the Shipment

If the buyer uses shipment for the complaint, they are required to send the defective goods in a secure package. The seller recommends that the buyer send the goods as a valuable parcel (not cash on delivery, which we cannot accept). The buyer is obliged to send the goods to the above-mentioned address. Shipments sent to different collection points of delivery services will not be accepted and will be returned to the sender. 

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UThe above recommendations do not affect the options and rights of the consumer arising from the Civil Code and the Consumer Protection Act in their current versions and are intended solely for the quickest resolution of the product complaint.

The seller, after examining the submitted documents and conducting a preliminary inspection of the complained goods:

  • Accepts the complaint and recognizes it as valid, making a written record of this

  • Accepts the complaint and rejects it on the spot as unfounded, returning the complained goods to the buyer

  • Accepts the complained goods for expert evaluation by a foreign supplier, based on whose results the complaint will either be recognized as valid and properly resolved, or it will be rejected, and the goods will be returned to the buyer

 

The seller will issue a written confirmation to the buyer — a complaint protocol — regarding when the right to defect liability was exercised, as well as about the repair and its duration, or the manner of complaint resolution.

The seller is obliged to inform the buyer of the status of the complaint by email or in writing within 30 days from the date the complaint was submitted.

 

Receipt of Goods

The buyer is obliged not to accept a clearly damaged shipment from the carrier. In such a case, the buyer is required to contact the seller's complaints department. If a damaged shipment is accepted, the complaint will be handled in cooperation with the carrier, and the resolution will depend on their statement.

 

After receiving the goods, the buyer is obliged to thoroughly inspect the goods without undue delay and report any defects found promptly, within a few days, in writing to the email: store@bohemianvan.com or by postal mail to the business address, see contacts. For any inquiries regarding complaints, you can contact us at the phone number +420 777 943 066 or by email at store@bohemianvan.com.

 

The method of describing the defect and other necessary information is provided in the article "Handling Complaints."

 

First Use of Goods

The buyer is obliged to thoroughly read the instruction manual and familiarize themselves with the product’s functions before first use. If the device is used in contradiction to the instruction manual, any defect arising from such usage will not be recognized as a warranty issue by the authorized service.

 

Consumer Rights for Defective Performance and Warranty for Quality, Conditions for Exercising These Rights

The rights and obligations of the contracting parties regarding defective performance are governed by the relevant mandatory legal provisions (especially Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code).

 

The seller is responsible to the buyer for ensuring that the product has no defects at the time of receipt. Specifically, the seller is responsible to the buyer for ensuring that, at the time the buyer takes possession of the product, the product has the properties that the parties agreed upon, and if no agreement exists, such properties that the seller or manufacturer described or that the buyer expected, considering the nature of the product and the advertisements made by them. The product must be suitable for the purpose the seller specifies for its use or for the purpose to which such products of this kind are typically used. The product must meet the quality or workmanship of the agreed-upon sample or model, if quality or workmanship was determined according to the agreed sample or model. The product must be in the appropriate quantity, measure, or weight and must comply with the requirements of legal regulations.

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If the product does not have the above-mentioned properties, the buyer may request the delivery of a new, defect-free product, provided that this is not disproportionate considering the nature of the defect. However, if the defect concerns only a part of the product, the consumer may request only the replacement of the part. If this is not possible, the buyer may withdraw from the contract.

 

However, if it is disproportionate considering the nature of the defect, particularly if the defect can be repaired without undue delay, the buyer has the right to have the defect removed free of charge. The right to request a new product or the replacement of a part also applies in the case of a repairable defect if the product cannot be properly used due to repeated occurrence of the defect after repair or because of a large number of defects. In such cases, the buyer has the right to withdraw from the contract.

 

If the buyer does not withdraw from the contract or does not exercise the right to demand a new product without defects, to replace its part, or to repair the product, the buyer may request an appropriate discount. The buyer has the right to an appropriate discount also in case the seller cannot provide a new product without defects, replace its part, or repair the product, as well as in case the seller does not rectify the issue within a reasonable time or if the correction would cause significant difficulty for the buyer.

The right to defective performance does not apply to the buyer if, before receiving the product, the buyer knew that the product had a defect, or if the buyer caused the defect themselves, for example, by using the product in violation of the user manual, or if the defect was caused by mechanical damage, wear and tear, or a natural disaster (water, sand, fire, etc.).

 

A consumer is entitled to exercise the right to defective performance for goods that develop a defect within twenty-four months from the date of receipt. The date of sale is indicated on the sales receipt, and possibly also on the warranty card. If a defect appears within six months of receipt, it is assumed that the product was defective at the time of receipt. The period for exercising the rights from defective performance begins when the goods are received. This period does not include the time between the filing of a complaint and the time when the consumer is required to take back the goods after the repair is completed.

 

The seller is not liable for any damage caused by the functionality, malfunction, or defect of the product, while the obligations of the manufacturer or other parties are not affected by this provision.

 

The seller is also not liable for any defects in the goods that the buyer was notified of at the time of the contract conclusion and did not refuse the acceptance of the goods, or if the defects were caused by the buyer themselves. For goods sold at a lower price, the warranty does not cover defects for which the lower price was agreed. The right to a defective performance does not apply to defects caused by mechanical damage, wear and tear, or natural disasters (such as water, sand, fire, etc.).

 

Special provisions for the exercise of the right to defective performance in the case of complaints by a business customer.

By purchasing, a sales contract is concluded between the seller on the one hand and the entrepreneur as the buyer on the other. The entrepreneur, as the buyer, is entitled to rights from defective performance. The entrepreneur's right to defective performance arises from a defect that the item has at the time the risk of damage passes to the buyer, even if the defect appears later. The entrepreneur's right to defective performance also arises from a defect that appears later and is caused by the seller's failure to fulfill their obligation.

 

All matters not described in this section are governed by the Civil Code. The entrepreneur is obliged to inspect the purchased goods without undue delay after the risk of damage to the goods has passed. At the same time, the entrepreneur is obliged to notify the defect without undue delay after it could have been discovered with timely inspection and sufficient care; otherwise, the rights arising from defective performance cannot be granted. The risk of damage to the goods passes to the entrepreneur upon delivery of the goods by the seller or when the seller allows the entrepreneur to take control of the goods.

 

The entrepreneur, as the buyer, is entitled to these rights from defective performance for a period of twenty-four months from the receipt of the goods.

 

Special regulations for the exercise of rights from defective performance for second-hand goods

The buyer, by purchasing second-hand goods, agrees to a shortened period for exercising rights from defective performance to 6 months according to Section 2168 of the Civil Code.

 

All other matters not described in this section are governed by the Civil Code. For used goods, the seller is not liable for defects corresponding to the extent of use or wear that the item had at the time of being received by the consumer.

For goods sold at a lower price, the warranty does not cover defects for which the lower price was agreed. This defect is noted on the sales document or warranty card. The sale of second-hand goods is also governed by Section 2167(c) and Section 2168 of Act No. 89/2012 Coll., the Civil Code.

Privacy Policy

I. BASIC PROVISIONS

1. The controller of personal data according to Article 4(7) of the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR") is Petra Fléglová, IČO 87781450, with its registered office at Letohradská 754/48, Prague 7, 170 00 (hereinafter referred to as the "controller").


2. The contact details of the controller are:
Petra Fléglová
Address: Letohradská 754/48, Praha 7, 170 00
Company ID (IČO): 87781450
Email: petra@bohemianvan.com
Phone: +420 777 943 066


3. Personal data means any information about an identified or identifiable natural person; an identifiable natural person is one who can be directly or indirectly identified, particularly by reference to an identifier, such as a name, identification number, location data, online identifier, or one or more specific elements of the physical, physiological, genetic, mental, economic, cultural, or social identity of that person.


4. The controller has not appointed a data protection officer.

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II. SOURCES AND CATEGORIES OF PERSONAL DATA PROCESSED

1. The controller processes personal data that you have provided to him/her or personal data that the controller has obtained based on the fulfillment of your order.


2. The controller processes your identification and contact details and data necessary for the performance of the contract.

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III. LEGAL BASIS AND PURPOSE OF PERSONAL DATA PROCESSING

1. The legal basis for the processing of personal data is:

  • The performance of the contract between you and the controller under Article 6(1)(b) GDPR,

  • The legitimate interest of the controller in providing direct marketing (in particular, sending commercial communications and newsletters) under Article 6(1)(f) GDPR,

  • Your consent to the processing for the purpose of providing direct marketing (in particular, sending commercial communications and newsletters) under Article 6(1)(a) GDPR in connection with Section 7(2) of Act No. 480/2004 Coll., on certain information society services, in the case where no goods or services have been ordered.


2. The purpose of processing personal data is:

  • To handle your order and exercise the rights and obligations arising from the contractual relationship between you and the controller; when ordering, personal data is required that is necessary for the successful processing of the order (name and address, contact). Providing personal data is a necessary requirement for entering into and fulfilling the contract. Without providing personal data, it is not possible to enter into the contract or for the controller to fulfill it,

  • Sending commercial communications and undertaking other marketing activities.


3. The controller engages in automated individual decision-making as defined in Article 22 of the GDPR. You have given your explicit consent to such processing.

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IV. DATA RETENTION PERIOD

1. The controller retains personal data:

  • For the duration necessary to exercise the rights and obligations arising from the contractual relationship between you and the controller and to assert claims from these contractual relationships (for a period of 15 years from the termination of the contractual relationship),

  • Until consent for the processing of personal data for marketing purposes is withdrawn, for no longer than 5 years, if the personal data is processed based on consent.


2. After the retention period has expired, the controller will erase the personal data.

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V. RECIPIENTS OF PERSONAL DATA (Subcontractors of the Controller)

1. Recipients of personal data are individuals or entities:

  • nvolved in the delivery of goods/services (PPL - courier service, Zásilkovna - courier service/ payment processing (Comgate - payment gateway) based on the contract,

  • Providing e-shop operation services (Wix.com) and other services related to the operation of the e-shop,

  • Providing marketing services (Facebook, Google LLC).


2. The controller does not intend to transfer personal data to a third country (a country outside the EU) or to an international organization. Recipients of personal data in third countries are providers of mailing/cloud services.

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VI. YOUR RIGHTS

1. Under the conditions set out in the GDPR, you have the right to:

  • Access your personal data as per Article 15 of the GDPR,

  • Rectify your personal data according to Article 16 of the GDPR, or request a restriction on processing under Article 18 of the GDPR,

  • Request the erasure of your personal data under Article 17 of the GDPR,

  • Object to processing as per Article 21 of the GDPR, and

  • Data portability under Article 20 of the GDPR.

  • The right to withdraw consent for processing in writing or electronically, using the address or email of the controller provided in Article III of these terms.


2. You also have the right to file a complaint with the Office for Personal Data Protection if you believe that your personal data protection rights have been violated.

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VII. DATA SECURITY CONDITIONS

1. The controller declares that they have taken all appropriate technical and organizational measures to ensure the security of personal data.


2. The controller has implemented technical measures to secure data storage and personal data stored in physical form.


3. The controller declares that only authorized personnel have access to personal data.

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VIII. FINAL PROVISIONS

1. By submitting an order via the online order form, you confirm that you have read the terms and conditions for personal data protection and accept them in their entirety.


2. You consent to these terms by checking the consent box in the online form. By checking the consent box, you confirm that you have read the personal data protection terms and accept them in their entirety.


3. The controller is entitled to modify these terms. The new version of the personal data protection terms will be published on their website and simultaneously sent to your email address provided to the controller.

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In Prague, on July 19, 2024

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