COMMERCIAL TERMS and conditions BAWRN.com
COMMERCIAL TERMS and conditions
Registered office Branická Street 213/53, 147 00 Praha 4, Czech Republic
Company identification number: 046 09 298
For the sale of goods through on-line e-shop placed on the internet address www.bawrn.com
Bank account number for non-cash payments:
2701315741/2010 Fio Bank a.s., IBAN CZ8120100000002701315741, BIC/SWIFT: FIOBCZPPXXX
Address for consignments return:
ADLER Czech a.s., Ostrava Business Park, Lihovarská Street 692/40C, 718 00 Ostrava, Czech Republic
1. Introductory provisions
1.1. These terms and conditions (hereinafter referred to as „Commercial conditions")
BAWRN.com s.r.o., Registered office Branická Street 213/53, 147 00 Praha 4, Company identification number: 046 09 298 (Hereinafter referred to as „Seller") govern in accordance with the provisions of the paragraph § 1751 section 1 of the Act Nr. 89/2012 Coll., Civil Code (hereinafter referred to as „Civil Code") mutual rights and obligations of the contracting parties arising out of the connection with and on the basis of the contract of purchase (hereinafter referred to as „Contract of Purchase") concluded between the Seller and other natural or legal person (hereinafter referred to as „Buyer") by means of internet e-shop of the Seller. The internet e-shop is operated by the Seller on the website placed on the internet address bawrn.com (hereinafter referred to as „website"), by means of e-shop website interface (hereinafter referred to as „ e-shop website interface"). In case of returning goods or a claim the contracting party is also Supplier which is the company ADLER Czech a.s., Oblouková Street 391, Skorotice, 403 10 Ústí nad Labem, Czech Republic.
1.2. The provisions different from Commercial Terms and Conditions are negotiable in the contract of purchase. The aforementioned provisions different from Commercial Terms and Conditions prevail over the provisions of Commercial Terms and Conditions.
1.3. The provisions of Commercial conditions are an integral part of the Contract of purchase. The Contract of purchase and Commercial conditions are drawn up in Czech language. The Contract of purchase shall be concluded in Czech language.
1.4. The Seller can change or supplement the wording of Commercial conditions. By means of this provision the rights and obligations arising out of previous wording having been in effect during the validity of the Commercial conditions are not affected.
1.5. We reserve the right to change the contents of the Terms and Conditions as well as the annoncements without prior notice. The orders having been received and accepted before the aforementioned changes shall be processed (executed and fulfilled) in accordance with the previous Terms and Conditions.
2. User's account
2.1. On the basis of the Buyer's registration carried out on the website the Buyer can access his/her user interface. From the aforementioned user's interface the Buyer can carry out ordering goods (hereinafter referred to as „user's account"). Supposing that the website interface of e-shop makes it possible the Buyer also can carry out ordering goods without registration i.e. directly from the website interface of e-shop.
2.2. On registering on the website and on ordering goods the buyer is obliged to present all the correct data. The data set forth in user's account it is the user to make them updated at any change that may occur. The data presented by a Buyer in his account and at ordering goods are considered by Seller true and correct.
2.3. The access to user's account is secured by a user name and password. The Buyer is obliged to keep secrecy regarding information necessary for access to his/her user account.
2.4. The Buyer is not permitted to pass on his/her user account details to third parties.
2.5. The Buyer may wind up his/ her account primarily in case that the Buyer does not use his/ her user's account for longer period of tome than one year or in case that the Buyer breach his/ her obligations arising from the contract of purchase (including Commercial terms and conditions).
2.6. The Buyer takes due note of the fact that user's account does not necessarily be accessible constantly and continuously primarily with regard to necessary maintenance of hardware and software equipment of the Seller or as the case may be due to necessary maintenance of hardware and software equipment of third persons.
3. Conclusion of a contract of purchase
3.1. All presentation of goods placed on website interface of e-shop has an informative character and Buyer is not obliged to conclude his/ her contract of purchase related to these goods. The provision of the paragraph § 1732 section 2 of the Civil Code does not apply.
3.2. The website interface of the e-shop contains information about goods including presentation of price for individual pieces of goods. The prices include VAT and all interconnected fees. The prices continue to be valid and in effect for the time while they are displayed on the website interface of the e-shop. By this provision is not affected the possibility of the Seller to conclude a contract of purchase on the basis of conditions negotiated individually.
3.3. The website interface of the e-shop also contains pieces of information regarding costs connected with packing and delivery of goods. The pieces of information regarding costs connected with packing and delivery of goods presented on the website interface of the e-shop are valid in the cases if the goods are delivered within the Czech Republic territory.
3.4. While placing an order, the buyer shall fill in an order form available on the website interface of the e-shop. The order form contains first of all the following pieces of information:
- Goods being ordered (the goods being ordered by the Buyer „is put" into do electronic cart of the website interface of the e-shop),
- The method of payment of purchase price, data pertinent to required way of delivery of the goods having been ordered and
- Information about costs and expenses connected with the delivery of goods (hereinafter together referred to as „order").
3.5. Before sending the order to the Seller the Buyer has the possibility to check it and to make data he entered into his/ her order with regard to the possibility of the Buyer to find out and correct mistakes which have arisen out of entering data into his/her order. The order is sent out by the Buyer to the Seller by clicking on the button „definite order". The data specified in the order are taken by the Seller as correct. The Seller immediately after receiving the order confirms the receipt to the Buyer by e-mail to the Buyer's e-mail address presented in his/her user account or in his/ her order (hereinafter referred to as „buyer's electronic/ e-mail address").
3.6. The Seller is always entitled depending on the character of the order (the quantity of goods, level of purchase price, expected transportation costs) to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.7. Contractual relation between Seller and Buyer comes into existence by the delivery of the acceptance of the order (acceptance) which is sent by the Seller to the Buyer by means of electronic post/ e-mail to the Buyer's e-mail address.
3.8. The Buyer agrees to use remote communication means while concluding the contract of purchase cost/ expenses incurred to the Buyer while using remote communication means I connection with concluding the contract of purchase (cost/ expenses incurred by using internet connection, cost of telephone calls) are paid by the Buyer himself/ herself whereas these expenses are not different from basic tariffs.
3.9. The contract of purchase as well as its integral part which is Commercial Terms and Conditions (CTT) is concluded in accordance with Czech Republic legislation unless it is in conflict with legal system of the Buyer's country and in the language of the Buyer's country or in the language mutually agreed upon. The contract of purchase in writing is filed in the Seller's archive for the purpose of the fulfillment of all obligations arising out of the contract in question. Any item of information is not accessible for any third party. The information regarding individual steps aiming and leading to the conclusion of the particular contract of purchase are apparent from the procces of ordering on e-shop. The Buyer has always the possibility of performing unlimited checks or as the case may be to alter or adjust his/ her order before sending. These Commercial Terms and Conditions are, of course, displayed on the e-shop website so the Buyer's archiving and reproduction is easily possible.
4. The price of goods and payment conditions
4.1. The price of goods and as the case may be the cost connected with the delivery of goods in accordance with the contract of purchase may be paid by the Buyer to the Seller by applying the following ways of payments:
in cash COD (Cash On Delivery) in the place defined by the Buyer in his/ her order;
non-cash by bank transfer on the Seller bank account number 2701315741/2010 Fio Bank a.s., IBAN CZ8120100000002701315741, BIC/SWIFT: FIOBCZPPXXX, kept by banking company Fio Bank a.s. (hereinafter referred to as „Seller's bank account");
4.2. Together with the purchase price is the Buyer obliged also to pay for the benefit of the Seller the cost connected with packing and the delivery of goods at the contracted level. Unless explicitly specified otherwise the purchase price shall be understood including the cost connected with the delivery of goods.
4.3. The Seller does not require from the Buyer any advance payment or other similar payment. This provision does not anyhow affect the provision of the article 4.6 of the Commercial conditions dealing with the obligation to pay purchase price of the goods in advance.
4.4. In case of C.O.D. (cash on delivery) payment the purchase price is due at the moment of taking over of the goods. In case of noncash payment the purchase price is due within 5 days since the date of the conclusion of the contract of purchase.
4.5. In case of noncash payment the Buyer is obliged to make the payment of the purchase price together with specifying variable symbol of the particular payment. In case of noncash payment the obligation of the Buyer to pay the purchase price fulfilled at the moment when the appropriate amount of money is pot down on the Seller's account.
4.6. The Seller is entitled first of all in case that the Buyer does not make additional confirmation of the order (art. 3.6) demand payment of the purchase price in full prior to dispatching the goods to the Buyer. The provision of the paragraph § 2119 section 1 of the Civil Code does not apply in such a case.
4.7. The discounts as the case may be from the price of goods provided by the Seller in favour of the Buyer cannot be combined whatsoever.
4.8. The Seller makes out a tax document-invoice for the Buyer regarding the payments made by the Buyer on the basis of the contract of purchase. The Seller is/ is not VAT payer. The tax document-invoice is made out by the Seller for the Buyer after the purchase price has been paid and the Seller sends the aforementioned tax document-invoice to the Buyer in electronic form to the Buyer's e-mail address.
5. Withdrawal from the contract of purchase
5.1. The Buyer takes into his/ her consideration that in accordance with the provision of the paragraph § 1837 of the Civil Code it is not possible among their things to withdraw from the contract of purchase dealing with the delivery of goods which have been altered according to the Buyer's wish or for his person furthermore the same is valid in case when it is also not possible to withdraw from the contract of purchase consisting in the delivery of the fast perishable goods and non durables as well as the goods that after the delivery of which were mixed or blended in an irreversible manner with other goods and moreover it is not possible to withdraw from the contract of purchase dealing with the delivery of the goods in closed container which a customer pulled out of it and for the reasons of hygiene it is not possible to return such goods and it is not possible to withdraw from the contract of purchase dealing with the delivery of acoustic or picture/ image record or computer program if the customer has broken its original cover- container.
5.2. Unless it is the case set forth in the article 5.1 of the Commercial conditions or other case when it is not possible to withdraw from the contract of purchase the Buyer is in his/ her position as a customer (natural person but neither legal entity nor natural person enterprising) in accordance with the provision of the paragraph § 1829 section 1 of the Civil Code entitled to withdraw from the contract of purchase within fourteen (14) days from taking over the goods whereas in case that the subject of the contract of purchase is several kinds of goods of the supply of several parts the time limit begins from the date when the Buyer receives and takes over the last supply of goods. The withdrawal from the contract of purchase shall be sent out to the Seller within the time limit specified in the aforementioned sentence. For the purpose of the withdrawal from the contract of purchase the Buyer may make use of the sample form provided by the Seller which can be found as the attachment to the Commercial Terms and Conditions. The withdrawal from the contract of purchase shall be sent by the Buyer to the electronic address of the Seller .
5.3. In case of the withdrawal from the contract of purchase in accordance with the article 5.2 of the Commercial conditions the contract of purchase becomes null and void. The goods have to be returned to the Seller within fourteen (14) days from the moment of the withdrawal from the contract of purchase to the following address ADLER Czech a.s., Ostrava Business Park, Lihovarská 692/40C, 718 00 Ostrava, Czech Republic. In case that the Buyer withdraws from the contract of purchase it implies that the Buyer bears all transportation costs connected with returning goods to the Seller even in the case that the goods owing to its character in question cannot be returned by usual way through the standard post.
5.4. In case of the withdrawal from the contract of purchase in accordance with the article 5.2 of the Commercial conditions the Seller refunds the financial means received from the Buyer within fourteen (14) days from the date of the Buyer's withdrawal from the contract of purchase by using the identical way by which the Seller received it from the Buyer. The Seller is also entitled to return the fulfilment provided by the Buyer already on returning the goods by the Buyer or otherwise providing that the Buyer agrees to it and no further expenses for the Buyer are incurred. Supposing that the Buyer withdraws from the contract of purchase the Seller is not obliged to return accepted financial means to the Buyer no sooner than the Buyer returns the goods or proves beyond reasonable doubt that the goods have been sent to the Seller.
5.5. Claim for compensation for the damage occurred on the goods is the Seller entitled to set off unilaterally against the claim of the Buyer to get the purchase price refunded.
5.6. In the cases when the Buyer is entitled to withdraw from the contract of purchase in accordance with the provision of the paragraph § 1829 section 1 of the Civil Code the Seller is also entitled whenever to withdraw from the contract of purchase until the goods is taken over by the Buyer. In such a case the Seller refunds the purchase price to the Buyer without undue delay noncash by bank transfer on the bank account defined by the Buyer.
5.7. If a gift is provided together with the goods then the deed of gift between the Seller and the Buyer is concluded with resolutory condition stipulating that if the withdrawal from the contract of purchase by the Buyer occurs it implies that the deed of gift dealing with such a gift becomes ineffective and the Buyer is obliged to return the gift together with the goods.
5.8. The Buyer can modify or cancel his order whenever until the moment of its honour. As long as the Buyer does not do it and the order has been sent it means that the Buyer is obliged to take over the consignment. In case of the Buyer not taking over the consignment the Seller will require the Buyer to pay the costs connected with the transport which incurred to the Seller in connection with the dispatch of the goods. In such a case, however, is the Seller able to these real costs incurred account for and document to the Buyer. In such a case the Seller makes out an invoice to the Buyer specifying demonstrably incurred transportation costs. The invoice will be delivered to the Buyer by means of e-mail with request to confirm its receipt. Unless the receipt of the e-mail message is confirmed the invoice shall be considered as delivered. Not paying the invoice within due date will be penalized by the rate 0,5 percent (%) per day of payment delay. Not paying the invoice and potential money penalty will be enforced by law.
5.9. The consumer in such case is obliged to send the goods back at his/her own expenses in non-damaged state without any signs of usage or tear and wear in original packing if possible with all accessories. The Seller after receiving the returned goods refunds to the Buyer/ consumer the corresponding amount of money by money transfer to the bank account of the Buyer not later than within thirty (30) days from the moment of the withdrawal from the contract of purchase. The Seller is entitled to reduce the amount of money being returned by the real cost incurred which incurred to the Seller in connection with returning the goods primarily with the orders which with respect to the level of their value made advantage of transport free of charge i.e. the transport cost having been paid by the Seller. It applies to not only for the case of returning the whole order but also for its part as long as the value of the goods having been kept drops under the limit defining transport cost for the Buyer free of charge. However in such a case the Seller is able to document these really incurred costs to the consumer. Refunding the purchase price of the goods is to be carried out exclusively by the bank transfer from the Seller's bank account to the Buyer's bank account. Refunding the purchase price of the goods is also possible by postal money order however this way is encumbered bz fee- tax amounting at CZK50.00 to cover postal/ mailing cost. In this particular case the Buyer gets back the purchase price minus cover postal/ mailing cost.
6. Transport and delivery of the goods
6.1. In case that the way of transport is negotiated and contracted on the basis of special Buyer's requirement it implies that it is the Buyer bearing risk as well as additional expenses as the case may be connected with such way of transport of the goods.
6.2. According to the contract of purchase it is the Seller which is responsible for the delivery of the goods to the place defined by the Buyer in the order and the Buyer is obliged to take over the goods at the time of deliver.
6.3. In case that for the reasons lying on the Buyer's side is necessary to deliver the goods repeatedly or by other means of transport than defined in the order The Buyer is obliged to pay the cost connected with repeated delivery of the goods or as the case may be the cost connected with other means of the transport of the goods.
6.4. On taking over the goods from the carrier the Buyer is obliged to check integrity of the packing/ containers and in case of any defect/ imperfection repost it immediately to the carrier. In case that the packing manifests damage of the packaging which is considered as the witnessing of unjustified invasion into the consignment the Buyer may not take over the consignment from the carrier.
6.5. The Buyer takes into account the fact that the delivery of the goods is provided by the company ADLER Czech, a.s., Oblouková 391 Skorotice, 403 40 Ústí nad Labem, Czech Republic.
6.6. Further rights and obligations of the parties involved regarding transport of the goods may be defined by special delivery conditions of the Seller if issued.
7. Rights associated with defective performance
7.1. The rights and obligations of the contracting parties associated with defective performance are governed by the relevant generally binding legal regulations a (particularly the provisions of Sections 1914 to 1925, Sections 2009 to 21117, and Section 2161 to 2174 of the Civil Code) and the Act Nr. 634/1992 Coll., on Consumer protection, as later amended) .
7.2. The Seller is liable to the Buyer that the item will be without any defects at the time it is handed over. In particular, the Seller is liable to the Buyer for the following at the time that the Buyer takes over the item:
- The Goods have the characteristics as agreed by the parties or, if no specific agreement was made, the item has the characteristics described by the Seller or those expected by the Buyer, taking into account the nature of the Goods, and on the basis of the advertisement of the Goods.
- The Goods are suitable for the purposes as specified by the Seller or for the purposes that the particular type of Goods is generally used.
- The Goods are provided in the appropriate quantity, size, and/or weight and
- The Goods are in compliance with the requirements laid down in legal regulations.
7.3. The provisions set forth in the article 7.2 of the Commercial conditions are not to apply for the goods sold by lower price owing to the defect due to which lower price was agreed upon, tear and wear of the goods caused by their usual usage, used goods owing to the defect corresponding degree of use and tear and wear which the goods manifested during taking over by the Buyer or if it arises from the character of the goods.
7.4. If a defect appears within the first six months after the item is accepted, it is understood that the item was already defective at the time it was accepted. The Buyer is entitled to exercise the right associated with a defect which occurs with consumer goods in the time period of twenty-four months whereas the period starts at the time the Goods are taken over by the Buyer
7.5. The Buyer exercises his/ her rights related to defective fulfilment with the Supplier at its address of its business premises ADLER Czech a.s., Ostrava Business Park, Lihovarská 692/40C, 718 00 Ostrava, Czech republic where the claim can be accepted with regard to assortment of goods being sold. An integral part of the returned supply of goods shall be the filled in Complaint form and it is printed and accompanies the particular delivery of returned goods.
8. Another rights and obligations of contracting parties
8.1. The Seller retains the ownership title to the goods unless and until the purchase price is fully paid by the Buyer.
8.2. The Seller is not bound with respect to the Buyer by any code of behaviour within the meaning of the paragraph § 1826 section 1 letter e) of the Civil Code.
8.3. For out-of-court settlements of consumer disputes arising from the contract of purchase is competent Czech Trade Inspection registered office Štěpánská Street 567/15, 120 00 Praha 2, IČ: 000 20 869, Czech republic, e-mail address: http://www.coi.cz.
8.4. The Buyer assumes his/ her the risk of change of circumstances in accordance with the paragraph § 1765 section 2 of the Civil Code.
9. Personal data protection
9.1. The protection of personal data of a Buyer, who is a natural person, is provided in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data on the free movement of such data, (GDPR-General Data Protection Regulation). The purpose of personal data processing which a natural person conveys to Seller or Supplier is negotiation about a contractual relation, the fulfilment of the contract of purchase, keeping archives kept on the basis and in accordance with law, discharge of legal duties by the administrator.
9.2. Buyer agrees to his/ her following personal data processing: first name and surname, domicile, identification number, tax identification number, electronic mailing address, telephone number (hereinafter altogether referred to as „personal data").
9.3. The Buyer agrees with his personal data processing by the Seller, such personal data are processed for the purposes of exercise the rights and obligations arising from the Contract of Purchase and for the purposes of administering the users' accounts in the E-Shop. Unless the Buyer chooses other possibility the Buyer agrees with his/ her personal data processing by the Seller for the purposes of sending information and commercial messages to the Buyer. The Buyer's consent with his/ her personal data processing in the entirety of this article does not represent any condition which itself could prevent concluding the contract of purchase.
9.4. The Buyer takes into consideration the fact that he/ she is obliged to provide his/ her personal data (at the moment of registration, in his/ her user's account, while placing his/ her order carried out from the e-shop website interface) and the personal data shall be correct and true and moreover the Buyer is obliged to keep the Seller informed without undue delay about his/ her personal data change.
9.5. The Seller may commission a third person with the Buyer's personal data processing as a processor. Except persons transporting goods the Buyer's personal data shall not be conveyed by the Seller to third persons without prior Buyer's consent.
9.6. Personal data will be processed for indefinite time period. The personal data will be processed in electronic form by using automated manner or in a printed form by nonautomated way.
9.7. The Buyer confirms that the personal data provided by the Buyer are accurate and the Buyer also confirms to have been given enlightening information that providing his/ her personal data is voluntary.
- In the event the Buyer would think that the Seller or processor (art. 9.5) performs the processing of his personal data that is inconsistent with the protection of the Purchaser's private and personal life or against applicable laws, in particular if the personal data are inaccurate for the purpose of processing, the Buyer may:
- ask the Seller or the processor for the explanation
- require the Seller or the processor that an appropriate remedy be taken to rectify such state which has come into being.
9.8. If the Buyer asks for the information involving his personal data processing, the Seller is obliged to provide the Buyer with such information. For providing the information pursuant to the preceding sentence, the Seller has right to require a reasonable compensation not exceeding the cost of providing such information.
10. Sending of commercial messages and storing COOKIES
10.1. The Buyer agrees that information regarding the Goods, Services, or the Seller's business may be sent to the Buyer's e-mail address as well as the Seller's commercial messages to be sent by the Seller to the Buyer's e-mail address.
10.2. The Buyer agrees that so called cookies may be stored on the Buyer's computer. If it is possible to make a purchase via the website and if the Seller is able to fulfil their obligations ensuing from the contract of purchase without storing cookies on the Buyer's computer, the Buyer has the right to revoke the consent granted on the basis of the previous statement at any time.
11.1. The Buyer's post may be delivered to him/ her by using the Buyer's electronic address.
12. Concluding provisions
12.1. As long as the relationship established by the contract of purchase contains an international (foreign) element the parties involved negotiate that the relationship is governed by Czech legislation. By this provision none of the consumer rights is affected arising out of generally binding legal regulations.
12.2. Should any of the provisions of these Commercial Terms and Conditions is or become invalid or unenforceable, then instead of those will be adopted such provisions whose meanings will be as close to those that became invalid or enforceable. However invalidity or ineffectiveness/ enforceability of one provision shall have no effect on the validity and enforceability of the remaining provisions contained in these Commercial Terms and Conditions.
12.3. The contract of purchase including Commercial terms and conditions has been stored by the Seller in his archive in the electronic form and is not accessible.
12.4. Attachment to Commercial Terms and Conditions comprises a sample form for the avoidance of the contract of purchase.
12.5. Contact data of the Seller: BAWRN.com s.r.o., Branická 213/53, 147 00 Praha 4, Czech Republic, e-mail:firstname.lastname@example.org .
12.6. Contact data of the Supplier: ADLER Czech, a.s., Oblouková 391, 403 40 Ústí nad Labem, Czech Republic
In Prague date