Terms and Conditions

BUSINESS TERMS - BAMBOO CZECH, s.r.o.

with registered office at Zbraslavská 12/11, Malá Chuchle, 159 00 Prague 5

ID number: 09975446, VAT number CZ09975446

entered in the commercial register kept at the Municipal Court in Prague under file number C 345677

for the sale of goods through an online store located at www.bamboo-czech.cz

 1. BUSINESS TERMS

  • These terms and conditions (hereinafter referred to as the "terms and conditions") of Bamboo Czech, s.r.o., with its registered office at Zbraslavská 12/11, Malá Chuchle, 159 00 Prague 5, identification number: 09975446, registered in the commercial register kept at the Municipal Court in Prague under stamp C 345677 (hereinafter referred to as the "seller") regulate the mutual rights and obligations of the contractual parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on a website located at the internet address www.bamboo-czech.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface")
  • The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods as part of his business activity or as part of his independent profession.
  • Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
  • The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
  • The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.

  • USER ACCOUNT
    • Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store
    • When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
    • Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
    • The buyer is not authorized to allow the use of the user account by third parties.
    • The seller can cancel the user account, especially if the buyer does not use his user account for more than 24 months, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).
    • The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
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  • CONCLUSION OF THE PURCHASE AGREEMENT
    • All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
    • The web interface of the store contains information about the goods, including the prices of the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the time they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
    • The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
    • To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:
    • ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface
    • method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
    • information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
    • Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Complete order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address").
    • The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
    • The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
    • The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.
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  • PRICE OF GOODS AND TERMS OF PAYMENT
    • The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
      • in cash at the seller's premises at Nádražní 160, Mnichovice 251 64;
      • in cash on delivery at the place specified by the buyer in the order;
      • by non-cash transfer to the seller's account no. 2901951021/2010, maintained at the company Fio banka (hereinafter referred to as the "seller's account");
      • cashless via the Fio banka payment system;
      • cashless by payment card.
    • Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
    • The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
    • In the case of personal collection, as well as when sending cash on delivery, in the case of payment in cash or payment by card, the purchase price is payable upon receipt of the goods. When the order is sent by the transport company to the buyer, the goods are dispatched after payment of the purchase price, via payment card or bank transfer.
    • In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
    • The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
    • Possible discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
    • If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is liable for value added tax. Tax document – ​​the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.
    • According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.
    • The buyer has the option to choose from the following transport options for a piece shipment: DPD forwarding company and Zásilkovna. In the case of pallet collection, MP SPED provides transport. For both variants, personal collection is possible at the delivery point Nádražní 160, Mnichovice 251 64.
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  • OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
    • The buyer acquires ownership of the goods by paying the full purchase price of the goods.
    • The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
    • Handling of consumer complaints is ensured by the seller via the electronic address info@bamboo-czech.cz The seller will send information about the handling of the buyer's complaint to the buyer's electronic address.
    • The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 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 from the purchase contract.
    • The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
    • The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
    • The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
  • SENDING COMMERCIAL MESSAGES AND STORING COOKIES
    • The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending business communications through a special document.
    • The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can withdraw the consent according to the previous sentence at any time.

 2. PRINCIPLES OF PROTECTION OF PERSONAL DATA

  • BASIC PROVISION
    • The administrator of personal data according to Article 4 point 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data (hereinafter: "GDPR") is BAMBOO CZECH s.r.o. IČ 09975446 with registered office: Zbraslavská 12/1115900 Malá Chuchle, Capital City of Prague (hereinafter referred to as the "administrator").
  • SOURCES AND CATEGORIES OF PROCESSED DATA
    • The administrator processes personal data that you have provided to him/her or personal data that the administrator has obtained based on the fulfillment of your order.
    • The administrator processes your identification, contact data and data necessary for the fulfillment of the contract (order receipt)
  • LEGAL REASON AND PURPOSE OF PERSONAL DATA PROCESSING
    • The legal reason for processing personal data is
      • fulfillment of the contract between you and the administrator according to Article 6 paragraph 1 letter b) GDPR, · the administrator's legitimate interest in providing direct marketing (especially for sending business communications and newsletters) according to Article 6, paragraph 1 letter f) GDPR, · Your consent to processing for the purposes of providing direct marketing (in particular for sending business communications and newsletters) according to Article 6 paragraph 1 letter a) GDPR in connection with § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services in the event that no goods or services have been ordered.
      • The purpose of personal data processing is
        • handling of your order and performance of rights and obligations arising from the contractual relationship between you and the administrator; when placing an order, personal data are required that are necessary for the successful processing of the order (name and address, contact), the provision of personal data is a necessary requirement for the conclusion and fulfillment of the contract, without the provision of personal data it is not possible to conclude the contract or fulfill it on the part of the administrator, · sending business messages and doing other marketing activities.
    • Automatic individual decision-making within the meaning of Article 22 of the GDPR does not occur on the part of the controller. You have given your express consent to such processing. 
  • PERIOD OF DATA RETENTION
    • The administrator stores personal data:
      • for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the controller and the exercise of claims from these contractual relationships (for a period of 15 years from the termination of the contractual relationship)
      • for the period until the consent to the processing of personal data for marketing purposes is revoked, no longer than …. years, if personal data is processed on the basis of consent.
    • After the expiration of the personal data retention period, the administrator deletes the personal data.
  • RECIPIENTS OF PERSONAL DATA (ADMINISTRATOR SUBCONTRACTORS)
    • Recipients of personal data are persons:
      • participating in the delivery of goods, making payments based on the contract (accepted order),
      • providing e-shop operation services and other services in connection with e-shop operation,
      • providing marketing services.
    • The administrator does not / intends to transfer personal data to a third country (a country outside the EU) or an international organization. Recipients of personal data in third countries are providers of mailing services / cloud services.

 

  • YOUR RIGHTS
    • Under the conditions set out in the GDPR, you have:
      • the right to access your personal data according to Article 15 GDPR,
      • the right to rectification of personal data according to Article 16 GDPR, or restriction of processing according to Article 18 GDPR.
      • the right to erasure of personal data according to Article 17 GDPR.
      • the right to object to processing according to Article 21 GDPR a
      • the right to data portability according to Article 20 GDPR.
      • the right to withdraw consent to processing in writing or electronically to the address or email address of the administrator listed in Article III of these terms and conditions.
    • Furthermore, you have the right to file a complaint with the Office for Personal Data Protection if you believe that your right to personal data protection has been violated.
  • PERSONAL DATA SECURITY TERMS
    • The administrator declares that he has taken all appropriate technical and organizational measures to secure personal data.
    • The administrator has taken technical measures to secure data stores and personal data stores in paper form, in particular...
    • The administrator declares that only persons authorized by him have access to personal data.
  • FINAL PROVISIONS
    • By submitting an order from the online order form, you confirm that you are familiar with the terms of personal data protection and that you accept them in their entirety.
    • You agree to these terms and conditions by ticking the agreement via the internet form. By checking consent, you confirm that you are familiar with the terms of personal data protection and that you accept them in their entirety.
    • The administrator is authorized to change these conditions. It will publish a new version of the terms of personal data protection on its website, or send you a new version of these terms to the e-mail address you provided to the administrator.

 3. COMPLAINTS AND REFUNDS

  • The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that were in closed packaging, which the consumer removed from the packaging and cannot be returned for hygienic reasons.
  • If it is not a case mentioned in Article 5.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen ( 14) days from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's e-mail address info@bamboo-czech.cz
  • In case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
  • In the case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
  • The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
  • In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up until the time the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
  • If a gift is provided to the buyer together with the goods, the gift contract is concluded between the seller and the buyer with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return it to the seller together with the goods and the gift provided.
  • RIGHTS FROM DEFECTIVE PERFORMANCE
  • The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection , as amended).
  • The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
    • the goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of their advertising
    • the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used
    • the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
    • the goods are in the appropriate quantity, measure or weight and
    • the goods comply with the requirements of legal regulations

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  • The provisions set out in Article 7.2 of the terms and conditions do not apply in the case of goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had when acceptance by the buyer, or if this results from the nature of the goods.
  • If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
  • Rights from defective performance are exercised by the buyer with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the registered office or place of business.
  • Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

 

4 .TRANSPORTATION AND DELIVERY OF GOODS

  • If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
  • If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
  • If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
  • When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
  • Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

In Prague on 19 July 2022

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