1. These terms and conditions of the company BENY, spol. s r.o. with its registered office at Václavské nám. 801/52, Prague 1, ID: 63670992, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 37932 (hereinafter referred to as the "Seller"), govern in accordance with the provisions of Section 1751 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 contracting parties arising in connection with or on the basis of a purchase contract concluded between the Seller and the Buyer in the establishment or through a means of distance communication, e.g. by telephone, e-mail or the Seller's online store, which is operated on the website www.beny.cz (hereinafter referred to as the "Website").
2. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract shall take precedence over the provisions of the terms and conditions.
3. The terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language.
1. In the case of concluding a purchase contract via the Website, the following provisions of Article 2 of the Terms and Conditions shall apply.
2. Based on the Buyer's registration made on the Website, the Buyer can access his user interface (hereinafter referred to as the "User Account"). From his User Account, the Buyer can place orders for goods. If the Website allows it, the Buyer can place orders for goods without registration directly from the Website.
3. When registering on the Website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update this data in the event of any change. The data provided in the User Account and when ordering goods are considered correct by the Seller. The incorrectness and incompleteness of the data shall be borne by the Buyer.
4. Access to the User Account is secured by a username and password. The Buyer is obliged not to disclose his access data and not to allow third parties to use the User Account and acknowledges that the Seller is not liable for any breach of this obligation.
5. The Seller is entitled to cancel the User Account, especially if the Buyer does not use his User Account for more than 1 year, or if the Buyer breaches his obligations under the purchase contract (including the terms and conditions).
6. 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.
1. The purchase contract can be concluded (i) in the Seller's establishment, or (ii) through a means of distance communication. When concluding a purchase contract by means of distance communication, the Buyer is obliged to provide all data correctly and truthfully. The incorrectness and incompleteness of the data shall be borne by the Buyer.
2. Due to the value of the goods, the Buyer who is a legal entity or a natural person over 18 years of age is entitled to conclude a purchase contract.
3. The Seller points out that all presentation of goods placed on the Website is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding this goods. The provisions of Section 1732 (2) of the Civil Code shall not apply. The Seller also points out that the colors of the products displayed on the Website may differ from the real design due to the influence of light during photography.
4. The Website contains information about the goods, including the prices of individual goods. The prices of goods are quoted including value added tax and all related fees. The Buyer hereby acknowledges that the Website is displayed in online mode, which means that prices as well as stock levels may change continuously over time until the moment of concluding the purchase contract.
5. The price information on the Website does not preclude the possibility of concluding a purchase contract under individually agreed terms.
6. The Website also contains information on the costs associated with packaging and delivery of goods. This information only applies in cases where the goods are delivered within the territory of the Czech Republic.
7. In the case of concluding a purchase contract via the Website, the Buyer shall fill in the order form on the Website, whereby the order form contains in particular information about the ordered goods, which the Buyer places in the electronic shopping cart, the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods and further information on the costs associated with the delivery of the goods (hereinafter referred to as the "Order"). Before sending the order to the Seller, the Buyer is allowed to check and change the data he has entered in the order, including the possibility for the Buyer to correct errors that occurred when entering data in the order. The Buyer shall send the order to the Seller by clicking on the send button. The data provided in the order are considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately after receiving the order by e-mail, to the Buyer's e-mail address provided in the User Account or in the order.
8. The Buyer acknowledges that when collecting the goods, the Seller, or the carrier or any other entity delivering the goods to the Buyer, is entitled to check the identity in order to verify the age and identity of the Buyer.
9. In the event that the Seller has any suspicion regarding the authenticity and seriousness of the order, and/or the identity and age of the Buyer, the Seller is entitled to contact the Buyer in order to verify the order.
10. In the case of a purchase contract concluded via the Website, the contractual relationship between the Seller and the Buyer arises upon delivery of the order confirmation (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address provided in the order. If a purchase contract is concluded by other means of distance communication or in the Seller's establishment, it is concluded by unconditional acceptance of the offer, unless otherwise agreed between the Buyer and the Seller. In the case of concluding a purchase contract by telephone call, the Seller shall send the offer to the Buyer in text form.
11. If the Buyer chooses, the Buyer agrees to the form of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls, SMS) shall be borne by the Buyer himself, and these costs do not differ from the basic rates.
12. If the goods that are the subject of the purchase contract are also supplied by the manufacturer with the original packaging, this packaging is also the subject of the purchase contract.
13. In some cases, before concluding the purchase contract, the Seller allows the Buyer to reserve the selected goods, always under pre-agreed conditions.
1. The Buyer may pay the Seller the price of the goods and any costs associated with the delivery of the goods according to the purchase contract in the following ways: a) in cash or by payment card in the Seller's establishment
b) in cash or by payment card on delivery when receiving goods in cases of purchased goods with a value lower than CZK 150,000
c) by bank transfer to the Seller's account No. 112634630/0300 held at Československá obchodní banka, a. s. in case of payment in CZK or to account No. 167446071/0300 in case of payment in EUR
d) by payment card
2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging, insurance 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.
3. The Buyer is always obliged to pay the entire purchase price before the goods are delivered. The goods remain the property of the Seller until the purchase price is paid in full, but the risk of damage to the goods passes to the Buyer upon receipt of the goods.
4. In the case of concluding a purchase contract in the Seller's establishment, the purchase price is due immediately upon conclusion of the purchase contract. In the case of concluding a purchase contract by means of distance communication, the purchase price is due no later than three days from the conclusion of the purchase contract, unless otherwise agreed, or if cash on delivery is chosen, then upon delivery of the goods.
5. If the purchase price is not paid by the due date, the customer loses the order of delivery of the ordered goods and the delivery period specified in the purchase contract is cancelled.
6. In the case of a non-cash payment, the Buyer is obliged to state the variable symbol, which is the tax document number, or the proforma invoice number, if the invoice is not issued on the day of payment, or the order number, when making the payment. The Buyer's obligation in the case of a non-cash payment is fulfilled at the moment the relevant amount is credited to the Seller's account.
7. Any discounts on the price of goods announced by the Seller cannot be combined with each other.
8. The receipt and tax document, or simplified tax document, shall be received by the Buyer (i) in printed form upon delivery of the goods, in the case of concluding a purchase contract in the Seller's establishment; or (ii) electronically to the e-mail address provided by the Buyer in the case of concluding a purchase contract by one of the means of distance communication.
1. In the event that the purchase contract is concluded by means of distance communication and the Buyer is a consumer within the meaning of Section 419 of the Civil Code, the Buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, within 14 days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods, or the delivery of several parts, the period runs from the day of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. The withdrawal from the purchase contract may be sent by the Buyer to the address of the Seller's registered office, or to the e-mail info@beny.cz.
2. In the event of withdrawal from the purchase contract pursuant to Article 5.1. of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the Seller within 14 days from the delivery of the withdrawal from the contract to the Seller. If the Buyer withdraws from the purchase contract, he bears the costs associated with returning the goods, even if the goods cannot be returned by the usual postal route due to their nature.
3. In the event of withdrawal from the purchase contract pursuant to Article 5.1. of the terms and conditions, the Seller shall return the paid purchase price. The Seller is not obliged to return the received funds to the Buyer before the goods are returned to him by the Buyer.
4. Goods that were delivered on the basis of a contract from which the Buyer intends to withdraw pursuant to 5.1 of the terms and conditions must not be used to a greater extent than is necessary for the Buyer to become familiar with the nature, properties and functionality of the goods. In order to familiarize himself with the nature, properties and functionality of the goods, the Buyer should handle and inspect them only in the way that would be allowed in a store. Especially due to the value of the goods, during the period for withdrawal from the purchase contract, the Buyer should handle the goods properly, otherwise he is obliged to pay for the damage resulting from the use of the goods to a greater extent than stated. In particular, the Buyer is not entitled to remove protective foils and other protective elements placed on the goods. The risk of damage to the returned goods is borne by the Buyer until the moment of handover to the Seller, i.e. including transport, if the goods are sent through a third party.
5. In the event of withdrawal from the purchase contract pursuant to paragraph 5.1 of the terms and conditions, the Buyer is obliged to return the goods in the original undamaged packaging, if it was delivered, which is part of the goods and which also serves as protection against damage, as well as with protective foils, if they were placed on the goods.
6. In the event of withdrawal from the purchase contract pursuant to paragraph 5.1 of the terms and conditions, the Buyer is entitled to use the sample form for withdrawal from the purchase contract, which is published on the Seller's website https://www.beny.cz/en/vraceni-zbozi.html.
7. 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.
8. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that were manufactured or adapted according to the Buyer's wishes or for his person, furthermore from the purchase contract for the supply of goods in a sealed package, which the consumer has removed from the package and for hygienic reasons it is not suitable to return it and from the purchase contract for the supply of an audio or video recording or a computer program if he has broken their original packaging. Furthermore, it is not possible to withdraw from the purchase contract if the delivered goods, including the original packaging, if delivered, were damaged.
9. In the case of purchasing goods in the Seller's establishment and/or in the case that the Buyer is not a consumer within the meaning of Section 419 of the Civil Code, it is not possible to withdraw from the purchase contract within the meaning of Article 5 (1) of the terms and conditions or to exchange the goods. This is without prejudice to the Buyer's claims arising from defective performance.
10. If a gift is provided to the Buyer together with the goods, the donation contract between the Seller and the Buyer is concluded with a resolutive condition. If the Buyer withdraws from the purchase contract, the donation contract regarding such a gift loses its effectiveness and the Buyer is obliged to return the provided gift to the Seller together with the goods.
1. The Seller is entitled to withdraw from the purchase contract in the event of a breach of the Buyer's obligation under the purchase contract in a substantial manner, in particular, but not exclusively, due to non-payment of the purchase price of the goods by the Buyer within the agreed due date, the Buyer's delay in taking over the goods or the Buyer's delay in taking over the goods after the Seller has handled the complaint.
2. The Seller is also entitled to withdraw from the purchase contract in the event of sold-out stock or loss of the Seller's ability to perform (goods are not delivered by the supplier, there has been a significant change in the price charged by the supplier, etc.). The Seller also reserves the right to limit the number of pieces of the same product sold to one person.
3. The Seller is entitled to withdraw from the purchase contract if the Buyer is under 18 years of age or if it is not possible to verify his age and identity. In such a case, the goods will not be issued to the Buyer and the Seller will withdraw from the purchase contract.
4. The Seller is also entitled to withdraw from the purchase contract in the event that it is not possible to verify the authenticity and seriousness of the Buyer's will to conclude the purchase contract and fulfill the obligation arising from it.
5. The Seller is also entitled to withdraw from the purchase contract concluded with the Buyer (I.) in the event of an obvious error in the price of the goods, which means in particular, but not exclusively, cases where the price of the ordered goods is obviously different from what is usual for this type and type of goods, without it being clearly stated for the given goods that it is a discount or promotion, and (II.) in the event of an obvious error in writing having an impact on the essential elements of the purchase contract.
6. The Seller is entitled to withdraw from the purchase contract within the meaning of this Article 6 of the terms and conditions, within 14 days from the day following the day of concluding the purchase contract between the Seller and the Buyer.
7. If the Buyer has already paid at least part of the purchase price of the goods, this amount will be transferred back to his bank account no later than 14 days from the day following the day of withdrawal from the purchase contract by the Seller. The Seller shall return the price after the goods have been returned, if they have already been delivered.
8. The Seller reserves the right to declare the purchase contract as invalidly concluded, in particular, but not exclusively, if there has been a misuse of personal data, ID/VAT data, misuse of a payment card, etc., or due to the intervention of an administrative or judicial authority, in which case the Buyer will be informed of such procedure. The Buyer acknowledges that in the stated case, the purchase contract cannot validly arise and at the same time that the Seller is entitled to demand, among other things, the issuance of unjust enrichment within the meaning of Section 2991 et seq. of the Civil Code.
1. In the event that the Buyer requests a special method of delivery of the ordered goods, the Buyer himself bears the risk and costs associated with this method of delivery.
2. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order according to the purchase contract, the Buyer is obliged to take over these goods upon delivery.
3. In the event that, due to the buyer's reasons, there is a need 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 the repeated delivery of the goods.
4. Upon receipt of the goods from the carrier, the seller recommends that the buyer check the integrity of the packaging and, in the event of any defects, immediately notify the carrier. In the case of damage to the packaging indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
5. Other rights and obligations of the parties during the transport of goods may be regulated by special delivery conditions, if issued by the seller.
6. The buyer acknowledges that the goods will be handed over only after full payment of the purchase price.
1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code) and are further specified in the complaints procedure (https://www.beny.cz/en/reklamacni-rad.html), which is an integral part of these terms and conditions.
2. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
a) the goods have the characteristics agreed upon by the parties, in the absence of such an agreement, they have the characteristics described by the seller or the manufacturer, or which the buyer expected given the nature of the goods and based on the advertising carried out
b) the goods are suitable for the purpose stated by the buyer for their use or for which they are normally used
c) the goods correspond to the quality or design of the sample, are in the appropriate quantity, measure or weight
d) the goods comply with the requirements of legal regulations.
3. The provisions referred to in Article 8.2. do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to used goods due to a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or if it is apparent or follows from the nature of the goods.
4. If a defect manifests itself within one (1) year of receipt, the goods are deemed to have been defective upon receipt, unless proven otherwise or unless it contradicts the nature of the thing. The buyer is entitled to exercise the right arising from a defect that occurs in the goods within two (2) years of receipt.
1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of Section 1826 (1) (e) of the Civil Code.
3. The seller is entitled to check suspicious orders of goods, in particular, but not exclusively, if they deviate in the method of ordering, the data provided, in the quantity of goods requested or in the modification of the goods according to the buyer's wishes.
4. Complaints from consumers are handled by the seller via the e-mail address info@beny.cz. The seller will send information about the settlement of the complaint to the buyer's e-mail address.
5. If the seller provides after-sales service for certain goods, the customer will be informed about this.
6. The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, Prague 2 is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. Email: adr@coi.cz, Web: adr.coi.cz
7. The seller is authorized to sell goods on the basis of a trade license.
1. The protection of personal data of the buyer, who is a natural person, is provided in particular by Act No. 110/2019 Coll., on the Processing of Personal Data, as amended (hereinafter referred to as the "PDPA"), and Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (hereinafter referred to as "GDPR"), and also by Act No. 480/2004 Coll., on certain information society services, as amended.
2. The buyer acknowledges the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as personal data), for the purposes of exercising the rights and obligations of the seller under the purchase contract and for the purposes of maintaining a user account, as well as for the purposes of protecting the rights and legitimate interests of the seller. You can find more about the processing of personal data here https://www.beny.cz/ochrana-osobnich-udaju.html. The seller declares that it processes personal data in accordance with the PDPA and relevant EU legal regulations, using appropriate technical, organizational and security measures.
3. The buyer as a data subject has the right to free provision of information regarding the processing of their stored data. Subject to compliance with the requirements set out in generally binding legal regulations, they also have (i) the right to access their personal data, (ii) the right to correction of inaccurate personal data, (iii) the right to restriction (blocking) of processing of personal data, (iv) the right to object to the processing of their personal data for this purpose, (v) the right to erasure of personal data, especially if they are no longer needed for the purposes for which they were collected or otherwise processed or if they have withdrawn their consent to their processing and if there is no other legal basis for processing, or if the personal data were processed unlawfully. Likewise, the buyer as a data subject has, if the specified conditions are met, the right to data portability, i.e. the right to obtain their personal data, which they voluntarily provided to the controller, in electronic form, in a structured, commonly used and machine-readable format, and in this context they can exercise their right to transfer this data to another controller, if such transfer is technically possible (right to data portability).
4. The seller informs the buyer about the following contact details to enable the buyer to contact the seller as the controller:
5. The buyer as a data subject has the right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection of the Czech Republic, Pplk. Sochora 27, 170 00 Prague 7, if they suspect that their personal data are being processed in violation of the applicable legislation.
6. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to request a reasonable fee for the provision of information according to the previous sentence.
1. If the relationship established by the purchase contract contains a foreign element, the parties agree that the relationship is governed by Czech law and any disputes will be resolved by the competent courts in the Czech Republic. This is without prejudice to the consumer's rights arising from generally binding regulations.
2. If any provision of the terms and conditions is invalid or ineffective, the invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require a written form. The seller may change or supplement the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
These terms and conditions are effective from 24.01.2023
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