Terms of sale

Introductory Provisions

1.1 In accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., (hereinafter referred to as the “Civil Code”) as amended, the company Col de Bonte s.r.o. issues the following terms and conditions, which form an integral part of the purchase contract that has been concluded between:

Col de Bonte s.r.o. with its registered office at Široká 124/15, Josefov, 110 00 Prague 1, Czech Republic, Company Identification Number: 29413184, info@myskino.cz, Tel.: +420 602 700 616, which has been entered in the Commercial Register kept at the Municipal Court in Prague under the file number C 205052, (hereinafter referred to as the “Seller”) on the one hand and the Buyer on the other.

1.2 The Buyer is a natural or legal person who has concluded a purchase contract with the Seller through the Seller’s e-shop located at the internet address www.myskino.com (hereinafter referred to as the “E-shop”).

1.3 Should the Buyer be a consumer according to Article 419 of Act. No. 89/2012 Coll., the relations not regulated by these terms and conditions are governed by the act mentioned above. If the Buyer orders/purchases goods within the scope of their business activities or their independent performance of the profession, the relations not governed by the terms and conditions shall be regulated by Act No. 89/2012 Coll., except for the provisions of Articles 2158-2174.

1.4 By concluding the purchase contract, the Buyer confirms that they have read the full wording of these terms and conditions, that they understand all its provisions and fully agree therewith.

1.5 The Seller is entitled to change the wording of the terms and conditions at any time. The Buyer is bound by the wording of the terms and conditions in their wording valid at the time of concluding the purchase contract.

 

2. Conclusion of the Purchase Contract

2.1 By selecting goods from the Seller’s offer and then ordering them (by filling out the order form), the Buyer submits a proposal to the Seller to conclude a purchase contract. The purchase contract between the Seller and the Buyer is concluded at the time of acceptance of such a proposal, i. e. when the Seller confirms the order and by sending a confirmation notice to the e-mail address of the Buyer. Should the Seller fail to send such confirmation, it is considered that the purchase contract has not been concluded.

2.2 The order form contains, in particular, the designation of the goods, its price, the method and price of the goods transport and a field for filling in the Buyer’s identification data.

2.3 The identification data of the Buyer mainly consists of their name and surname or the name of the business company, place of residence or registered office, birthdate or Company Identification Number, as well as e-mail address, contact telephone number, or delivery address.

2.4 The price of all goods offered on the Seller’s e-shop is stated including VAT, as well as all sales-related fees (except for the postage and packaging cost, which is listed separately). The price of the goods is valid for the period of its posting in the Seller’s e-shop.

2.5 The order validity is subject to the completion of all the requisites of the order form, including the consent to the wording of the terms and conditions.

2.6 The Buyer understands that the Seller is not obliged to enter into a purchase contract with the Buyer for all goods listed in the Seller’s e-shop, i. e. that the display of goods in the Seller’s e-shop does not represent an offer to conclude a contract within the meaning of Article 1732 of the Civil Code.

2.7 All facts stated by the Buyer in the note in the order form are part of the concluded purchase contract, should the Seller provide their consent thereto. Should the Seller fail pro provide their consent thereto, it is considered that the purchase contract has not been concluded. Similarly, should the Seller be unable to meet any of the Buyer’s requirements expressed in the order, the Seller will send the Buyer a new draft order with a request to comment on it. At that time, the purchase contract is concluded when the Buyer sends the new order to the Seller, and the Seller confirms it subsequently.

2.8 The Seller is entitled, in the circumstances worthy of consideration prior to confirming the order, and, thus, prior to concluding the purchase contract, to ask the Buyer for a telephone number or written confirmation of the order.

 

3. Rights and Obligations of the Contracting Parties

3.1 By concluding the purchase contract, the Seller is obliged to hand over the ordered goods to the Buyer, and the Buyer is obliged to pay the agreed price to the Seller for such goods.

3.2 The Buyer is obliged to take over the goods ordered and delivered in accordance with the purchase contract and these terms and conditions.

3.3 If it is necessary for reasons on the part of the Buyer to deliver the goods in a different way than how it has been agreed in the contract, the Seller is entitled to demand reimbursement of all costs associated with such delivery from the Buyer.

 

4. Withdrawal from the Contract

4.1 In accordance with the provisions of Article 1829 of the Civil Code, the Buyer has the right to withdraw from the purchase contract within 14 days from the receipt of the goods.

4.2 If the Buyer withdraws from the purchase contract, they shall send or hand over the goods received back to the Seller without undue delay, but no later than 14 days after the withdrawal from the contract.

4.3 If the Buyer withdraws from the purchase contract, the Seller shall return without undue delay, but no later than 14 days after withdrawal from the purchase contract, all funds, including delivery costs received under the agreement (except for additional costs incurred as a result of the Buyer’s chosen method of delivery, which differs from the cheapest standard delivery method offered by the Seller).

4.4 If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer hands over the goods or proves sending the goods to the Seller.

4.5 The Buyer shall fully bear the costs associated with the return of goods to the Seller.

4.6 The Buyer is liable to the Seller for the reduction in the value of the goods, which arose as a result of handling such goods in a way that differs from the appropriate method of handling it concerning its nature and properties.

4.7 The Buyer may not withdraw from the contract under conditions specified in Article 1837 of Act. No. 89/2012 Coll.

4.8 The Seller is entitled, until the goods are taken over by the Buyer, to withdraw from the purchase contract should circumstances prevent them from delivering the ordered goods to the Buyer.

 

5. Payment Terms and the Transfer of Ownership

5.1 The Buyer shall not be obliged to pay the Seller a deposit for the ordered goods, except in cases expressly agreed in the order.

5.2 The goods shall be delivered/handed over to the Buyer only after payment of the full purchase price, including delivery costs. The purchase price is payable at the time of the receipt of the goods. In the case of non-cash payment to the Seller’s account, the purchase price is payable within 14 days after the conclusion of the contract.

5.3 The ownership rights to the ordered goods shall be transferred from the Seller to the Buyer only after full payment of the purchase price, including delivery costs.

5.4 The Buyer expressly agrees that the tax document can be sent in electronic form (instead of the document in writing) to their e-mail address.

 

6. Rights Arising from Defective Performance and Quality Guarantee

6.1 The rights and obligations of the contracting parties concerning the rights arising from defective performance are regulated by Act No. 89/2012 Coll., specifically in the provisions of Articles 2099-2112.

6.2 If the defective performance represents a material breach of the purchase contract, the Buyer has the right to the removal of the defect by delivering a new item without a fault or by providing the missing item, or a reasonable discount from the purchase price, or withdraw from the contract.

6.3 If the defective performance represents a minor breach of the purchase contract, the Buyer has the right to the removal of the defect, or a reasonable discount on the purchase price.

6.4 By guaranteeing the quality, the Seller undertakes that the item shall be suitable for use for the usual purpose for a certain period of time or that it will retain its regular properties.

6.5 The warranty period shall start from the delivery of the item to the Buyer; if the item has been sent under the purchase contract, the period begins from the moment when the item reaches its destination.

 

7. Protection of Personal Data

See the separate section of the terms and conditions concerning the Term of personal data protection.

 

8. Final Provisions

8.1 All relations not regulated by these terms and conditions shall be governed by the relevant provisions of the Civil Code, as well as other related legislation.

8.2 Should any provision of these terms and conditions become illegal or invalid, such a fact will not affect the validity or effectiveness of other provisions thereof.

8.3 All agreements between the Seller and the Buyer contained in the purchase contract shall take precedence over the provisions of the terms and conditions, which are in conflict.