Terms and Conditions

1. Basic Provisions

 

These general terms and conditions (hereinafter referred to as "Terms and Conditions") are issued in accordance with Section 1751 and following of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"). 

• Company name: Martin Štolc

• Company ID: 06236600

• Registered office: Vitonínská 649, 78961, Bludov

• Email: info@benoble.cz

• Phone: +420 721 273 741

• Website: www.benoble.eu

(hereinafter referred to as the "Seller")

 

1.1 These Terms and Conditions regulate the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as the "Buyer") through the web interface available at www.benoble.eu (hereinafter referred to as the "Online Store"). 

1.2 The provisions of these Terms and Conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over these Terms and Conditions. 

1.3 These Terms and Conditions and the purchase contract are concluded in the english language.

 

2. Product Information and Pricing

 

2.1 Information about the products, including their prices and main characteristics, is provided with each product in the catalog of the Online Store. Prices include VAT and all related fees, including return shipping costs if the item cannot be returned by regular mail. Prices remain valid as long as they are displayed in the Online Store. This does not exclude the possibility of negotiating individual terms for a purchase contract.

2.2 All product presentations in the Online Store catalog are for informational purposes only, and the Seller is not obligated to enter into a purchase contract regarding these products. 

2.3 The Online Store provides information on packaging and delivery costs, which apply only when the product is delivered within the Czech Republic and Slovakia.

2.4 Any purchase price discounts cannot be combined unless the Seller and Buyer agree otherwise.

 

3. Orders and Conclusion of the Purchase Contract

 

3.1 The Buyer bears the costs incurred in using remote communication means to conclude the purchase contract (internet connection costs, phone call costs), which do not differ from the basic rate.

3.2 The Buyer can place an order in the following ways:

a) Through their customer account, if they have registered in the Online Store.

b) By completing an order form without registration.

3.3 When placing an order, the Buyer selects the product, quantity, payment method, and delivery method.

3.4 Before submitting the order, the Buyer can review and modify their details. By clicking "SUBMIT ORDER," the Buyer sends the order to the Seller. The order is considered correct if all required information is provided and the Buyer confirms that they have read these Terms and Conditions.  

3.5 The Seller will immediately send an automatic confirmation of the order receipt to the Buyer’s email address. This confirmation does not constitute acceptance of the order. The purchase contract is concluded upon the Seller’s acceptance of the order, which will be sent to the Buyer’s email.

3.6 If the Seller cannot meet any of the conditions stated in the order, they will send an amended offer to the Buyer’s email address. The amended offer is considered a new proposal for a purchase contract, which is concluded upon the Buyer’s acceptance of the amended offer via email. 

3.7 All orders accepted by the Seller are binding. The Buyer may cancel an order before receiving confirmation of acceptance from the Seller by contacting them via the phone or email listed in these Terms and Conditions.  

3.8 If an obvious technical error occurs in the pricing of a product in the Online Store, the Seller is not obligated to deliver the product at this incorrect price, even if the Buyer has received an automatic order confirmation. The Seller will inform the Buyer of the error and send an amended offer. The contract is concluded once the Buyer confirms acceptance of the amended offer.

 

4. Customer Account 

4.1 Upon registration in the Online Store, the Buyer can access their customer account to place orders. Orders can also be placed without registration.

4.2 The Buyer must provide accurate and truthful information when registering and placing an order. Any changes to these details must be updated immediately.

4.3 The customer account is secured by a username and password. The Buyer must maintain confidentiality regarding access credentials and is responsible for any misuse of their account.

4.4 The Buyer is not authorized to allow third parties to use their customer account.

4.5 The Seller may cancel a customer account if it is inactive for a prolonged period or if the Buyer violates their obligations under the purchase contract or these Terms and Conditions.

4.6 The customer account may not always be available due to necessary maintenance of the Seller’s or third-party hardware and software.

 

5. Payment Terms and Delivery

 

5.1 The Buyer can pay for the goods and related delivery costs using the following methods: 

a) Bank transfer to the Seller’s account 8745553001/5500 (Raiffeisenbank)
b) Credit/debit card payment
c) Cash on delivery upon receipt of goods.

5.2 The Buyer must also pay the Seller for packaging and delivery costs unless stated otherwise.

5.3 In case of cash payment, the price is payable upon receipt of goods. For bank transfers, payment must be made within 14 days of concluding the purchase contract.

5.4 Payment processing via a payment gateway follows the instructions of the relevant electronic payment provider.

5.5 The obligation to pay the purchase price is fulfilled once the amount is credited to the Seller’s bank account.

5.6 The Seller does not require advance payment before shipping the goods.

5.7 According to tax laws, the Seller is required to issue a receipt to the Buyer and record the payment electronically with the tax authority.

5.8 Goods are delivered to the address specified in the Buyer’s order.

5.9 The available delivery methods are specified in the order process.

5.10 Delivery costs depend on the chosen delivery method and are stated in the Buyer’s order confirmation.

5.11 If the Buyer fails to accept the goods at the agreed time, they may be responsible for additional delivery costs.

5.12 Upon receiving the goods, the Buyer must check the packaging and report any damage immediately.

5.13 The Seller provides the Buyer with an electronic invoice upon delivery.

5.14 Ownership of the goods transfers to the Buyer upon full payment and receipt of the goods.

 

6. Withdrawal from the Contract

6.1 A Buyer who has entered into a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.

6.2 The withdrawal period is 14 days from the date of receipt of the goods, from the date of receipt of the last delivery of goods if the contract involves multiple types of goods or deliveries of several parts, or from the date of receipt of the first delivery if the contract involves regular repeated deliveries of goods.

6.3 The Buyer cannot withdraw from the purchase contract in the following cases:

a) The provision of services that were performed with the Buyer’s prior explicit consent before the withdrawal period expired, and the Seller informed the Buyer before concluding the contract that they would not have the right to withdraw in such a case.

b) The supply of goods or services whose price depends on fluctuations in the financial market beyond the Seller’s control, and which may occur within the withdrawal period.

c) The supply of alcoholic beverages, which can be delivered only after 30 days and whose price depends on fluctuations in the financial market beyond the Seller’s control.

d) The supply of goods customized according to the Buyer’s specifications or explicitly personalized.

e) The supply of goods that are perishable or that were irreversibly mixed with other items after delivery.

f) The supply of sealed goods that the Buyer has unsealed and cannot be returned for hygiene reasons.

g) The supply of audio or video recordings or computer software where the original seal was broken by the Buyer.

h) The supply of newspapers, periodicals, or magazines.

i) The supply of digital content that is not delivered on a tangible medium if the Buyer consented to its delivery before the withdrawal period expired and the Seller informed the Buyer that they would not have the right to withdraw in such a case.

j) Other cases specified in Section 1837 of the Civil Code.

6.4 To meet the withdrawal deadline, the Buyer must send a statement of withdrawal within the withdrawal period.

The Buyer may use the Seller’s withdrawal form for this purpose. The withdrawal statement must be sent to the Seller’s email or mailing address specified in these Terms and Conditions. The Seller will promptly confirm receipt of the withdrawal form.

6.5 A Buyer who has withdrawn from the contract must return the goods to the Seller within 14 days of withdrawal. The Buyer bears the costs of returning the goods, even if the goods cannot be returned by regular postal means due to their nature.

6.6 If the Buyer withdraws from the contract, the Seller will refund all received payments, including delivery costs, no later than 14 days after the withdrawal, using the same payment method unless the Buyer agrees otherwise and incurs no additional costs.

6.7 If the Buyer selected a delivery method more expensive than the cheapest available option, the Seller will refund only the cost equivalent to the least expensive available delivery method.

6.8 The Seller is not obliged to refund the received payment until the Buyer has returned the goods or has provided proof of their return.

6.9 The Buyer must return the goods undamaged, unused, and clean, preferably in the original packaging. The Seller has the right to offset any claim for damage to the goods against the refund amount.

6.10 The Seller may withdraw from the contract due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier has ceased production or delivery. The Seller will inform the Buyer via email and refund all payments within 14 days of withdrawal using the same method unless the Buyer agrees otherwise.

6.11 Customized products cannot be returned within the statutory 14-day withdrawal period, as per Section 1837(d) of the Civil Code, since they are tailored to the Buyer’s specific requirements or preferences.

 

7. Rights from Defective Performance

7.1 The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller guarantees to the buyer that at the time the buyer took possession of the goods:

a) The goods have the properties agreed upon by the parties, and in the absence of such an agreement, the properties described by the seller or manufacturer, or those the buyer expected with regard to the nature of the goods and based on advertising,
b) The goods are suitable for the purpose stated by the seller or for the usual purpose of goods of this kind,
c) The goods conform in quality or design to the agreed sample or model if quality or design was determined based on an agreed sample or model,
d) The goods are in the appropriate quantity, size, or weight and comply with legal regulations.

7.2 If a defect appears within six months of receipt of the goods by the buyer, it is presumed that the goods were defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price due to a defect, for which the lower price was agreed, to wear and tear caused by normal use, to used goods for a defect corresponding to the level of use or wear and tear, or if it results from the nature of the goods.

7.3 In the event of a defect, the buyer may submit a complaint (by filling out a complaint form) and request:

a) Replacement with new goods,
b) Repair of the goods,
c) A reasonable discount on the purchase price,
d) Withdrawal from the contract.

7.4 The buyer has the right to withdraw from the contract:

a) If the goods have a substantial defect,
b) If the goods cannot be properly used due to repeated occurrence of defects or defects after repair,
c) If the goods have a large number of defects.

7.5 The seller is obliged to accept the complaint at any of its business premises where receiving complaints is possible, or at its registered office or place of business. The seller is required to issue a written confirmation to the buyer stating when the buyer exercised the right, what the content of the complaint is, and what method of handling the complaint the buyer requests, as well as confirmation of the date and manner of handling the complaint, including confirmation of the repair performed and its duration, or a written justification for rejecting the complaint.

7.6 The seller or an authorized employee will decide on the complaint immediately, in complex cases within three business days. This period does not include the time necessary according to the type of product or service required for expert assessment of the defect. Complaints, including the removal of defects, must be handled without undue delay, no later than 30 days from the date of the complaint submission unless the seller and buyer agree on a longer period. The expiration of this period is considered a substantial breach of contract, and the buyer has the right to withdraw from the purchase contract. The moment of the complaint submission is considered to be the moment when the buyer's will (exercise of the right from defective performance) reaches the seller.

7.7 The seller will inform the buyer in writing about the outcome of the complaint.

7.8 The buyer has no rights from defective performance if they knew about the defect before taking possession of the item or if they caused the defect themselves.

7.9 In the case of a legitimate complaint, the buyer has the right to reimbursement of reasonable expenses incurred in connection with the complaint submission. The buyer may claim this right from the seller within one month after the expiration of the warranty period.

7.10 The buyer has the right to choose the method of complaint resolution.

7.11 The rights and obligations of the contracting parties regarding rights from defective performance are governed by §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

 

8. Delivery

 

8.1 The contracting parties may deliver all written correspondence to each other via electronic mail.

8.2 The buyer shall deliver correspondence to the seller's email address specified in these terms and conditions. The seller shall deliver correspondence to the buyer's email address specified in their customer account or order.

 

9. Out-of-Court Dispute Resolution

 

9.1 The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for dispute resolution between the seller and the buyer.

9.2 The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: 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 (the Online Dispute Resolution Regulation).

9.3 The seller is authorized to sell goods based on a business license. Business license supervision is carried out by the relevant trade licensing office within its competence. The Czech Trade Inspection Authority supervises, within its defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection.

 

10. Final Provisions

10.1 All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If a contract established by a purchase agreement contains an international element, the parties agree that the relationship is governed by the laws of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.

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

10.3 All rights to the seller’s website, including copyright to the content, layout of the page, photos, videos, 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 of it without the seller's consent.

10.4 The seller is not responsible for errors resulting from third-party interference with the online store or due to its use contrary to its intended purpose. The buyer must not use any procedures when using the online store that could adversely affect its operation, nor engage in any activity that could enable them or third parties to interfere with or misuse the software or other components that make up the online store. The buyer must not use the online store or its parts or software in a manner contrary to its purpose or intent.

10.5 The buyer hereby assumes the risk of a change in circumstances as defined in Section 1765(2) of the Civil Code.

10.6 The purchase contract, including the terms and conditions, is archived electronically by the seller and is not accessible.

10.7 The seller may change or supplement the wording of these terms and conditions. This provision does not affect rights and obligations arising during the validity of the previous version of the terms and conditions.

10.8 The terms and conditions include a sample withdrawal form as an attachment.

 

These terms and conditions come into effect on February 15, 2020.