trading company Boaz, s.r.o.
registered office Prague 5 - Smíchov, Holečkova 431/19, ZIP code 155 00
identification number: 27064328
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 93652
for the sale of goods through the online store located at the internet address modernatex.cz
1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of the company Boaz, s.r.o., with its registered office at Prague 5 - Smíchov, Holečkova 431/19, ZIP code 15500, identification number: 27064328, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 93652 (hereinafter referred to as the "seller") regulate in accordance with the provisions of § 1751 paragraph. Section 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") governs the mutual rights and obligations of the contracting 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 the website located at the internet address modernatex.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").
1.2. The terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting in the course of their business activity or in the course of their independent professional practice.
1.3. Provisions deviating from the terms and conditions can be agreed upon in the purchase contract. Deviating provisions in the purchase agreement take precedence over the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The seller may change or supplement the terms and conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.
2.1. Based on the buyer's registration made on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). The buyer can also place orders for goods without registration directly from the store's web interface.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in the user account whenever there is any change. The information provided by the buyer in the user account and when ordering goods is considered correct by the seller.
2.3. 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 their user account.
2.4. The buyer is not authorized to allow third parties to use the user account.
2.5. The seller may cancel the user account, especially if the buyer has not used their user account for more than a year, or if the buyer violates their obligations under the purchase contract (including the terms and conditions).
2.6. 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, or. necessary maintenance of third-party hardware and software equipment.
3.1. All product presentations placed in the store's web interface are informative in nature, and the seller is not obliged to conclude a purchase contract regarding this goods. Provision § 1732 paragraph. Section 2 of the Civil Code shall not apply.
3.2. The store's web interface contains information about the goods, including the prices of individual items and the costs of returning goods if such goods, by their nature, cannot be returned by regular postal service. The prices of goods are listed including value-added tax and all related charges. The prices of goods remain valid for the period during which they are displayed in the store's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated terms.
3.3. The store's web interface also includes information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods provided on the store's web interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills out the order form in the store's web interface. The order form contains information about:
3.5. In the event of stating such a price where it is evident that it is a typographical and numerical error, this price is not binding and the purchase contract is not concluded.
3.6. Before sending the order to the seller, the buyer is allowed to review and modify the information entered into the order, including the buyer's ability to identify and correct errors made during data entry into the order. The buyer sends the order to the seller by clicking the "Complete Order" button. The data provided in the order are considered correct by the seller. The seller shall promptly confirm receipt of the order to the buyer via email, to the buyer's email address provided in the user account or in the order (hereinafter referred to as the "buyer's email address").
3.7. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to request the buyer for additional confirmation of the order (for example, in writing or by phone).
3.8. The contractual relationship between the seller and the buyer is established by the delivery of the order acceptance, which is sent by the seller to the buyer via email, to the buyer's email address.
3.9. The buyer agrees to use remote communication means when concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of phone calls) are borne by the buyer themselves, and these costs do not differ from the basic rate.
4.1. 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:
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The seller does not require a deposit or any similar payment from the buyer. This does not affect the provision of Art. 4.6. terms and conditions regarding the obligation to pay the purchase price of goods in advance.
4.4 In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods. In the case of a cashless payment, the purchase price is due within 7 days of concluding the purchase contract.
4.5. In the case of a cashless payment, the buyer is obliged to pay the purchase price of the goods along with specifying the variable symbol of the payment. In the case of a cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Art. 3.6.), require payment of the full purchase price before dispatching the goods to the buyer. Provision § 2119 paragraph. Section 1 of the Civil Code does not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.8. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the buyer regarding payments made based on the purchase contract. The seller is a value-added tax payer. The tax document – invoice will be issued by the seller to the buyer after the payment of the goods and will be sent in electronic form to the buyer's email address.
4.9. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to record the received revenue with the tax administrator online; in the event of a technical outage, then no later than within 48 hours.
5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that have been customized according to the buyer's wishes or for their person, from the purchase contract for the supply of goods that are subject to rapid spoilage, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase contract for the supply of goods in a sealed package that the consumer has removed from the package and cannot be returned for hygienic reasons, and from the purchase contract for the supply of an audio or video recording or computer program if the original packaging has been breached.
5.2. If it is not a case mentioned in Art. 5.1. terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer is entitled in accordance with the provision of § 1829 paragraph. The Civil Code grants the right to withdraw from the purchase contract within fourteen (14) days from the receipt of the goods, and in the case where the purchase contract involves several types of goods or the delivery of several parts, this period runs from the day of receipt 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. For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer, among other things, to the address of the seller's establishment or to the seller's email address.
5.3. In the event of withdrawal from the purchase contract according to Art. 5.2. the purchase contract is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days from the 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 in cases where the goods cannot be returned by the usual postal route due to their nature.
5.4. In the event of withdrawal from the purchase contract according to Art. 5.2. The seller shall return the monetary funds received from the buyer within fourteen (14) days from the buyer's withdrawal from the purchase contract, cashlessly to the account in CZK in the Czech Republic specified by the buyer. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer or in another manner, provided that 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 monetary funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.5. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer is in accordance with the provision of § 1829 paragraph. The seller is also entitled to withdraw from the purchase contract at any time until the buyer takes possession of the goods, in accordance with Section 1 of the Civil Code. In such a case, the seller shall return the purchase price to the buyer without undue delay, and this shall be done cashlessly to the account specified by the buyer.
5.7. If a gift is provided to the buyer along with the goods, the gift contract between the seller and the buyer is concluded with a resolutory condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift becomes ineffective and the buyer is obliged to return the provided gift to the seller along with the goods.
6.1. In the event that the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the seller is obliged under the purchase contract to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.
6.3. In the event that it is necessary to deliver the goods repeatedly or in a different manner than stated in the order due to reasons on the part of the buyer, the buyer is obliged to cover the costs associated with the repeated delivery of the goods, respectively. costs associated with a different delivery method.
6.4. Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the goods' packaging and immediately report any defects to the carrier. In the event of finding a breach of the packaging indicating unauthorized entry into the shipment, the buyer is not obliged to accept the shipment from the carrier.
6.5. Additional rights and obligations of the parties during the transportation of goods may be governed by the seller's special delivery terms, if issued by the seller.
7.1. 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 Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The seller assures 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:
7.3. Provisions mentioned in Art. 7.2. The terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of goods caused by normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had at the time of acceptance by the buyer, or if it follows from the nature of the goods.
7.4. If a defect appears within six months of receipt, it is assumed that the goods were already defective at the time of receipt. The buyer is entitled to exercise the right for a defect that occurs in consumer goods within twenty-four months from the date of receipt.
7.5. The buyer asserts rights from defective performance with the seller by sending the goods to the seller.
7.6. Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 paragraph. 1 letter. e) of the Civil Code.
8.3. Handling of consumer complaints is ensured by the seller via the email address info@modernatex.cz. The seller will send information about the resolution of the buyer's complaint to the buyer's email address.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr, is competent for out-of-court settlement of consumer disputes arising from a purchase contract.coi.cz/en. The online dispute resolution platform located at the internet address http://ec.Europe.eu/consumers/odr can be used for resolving disputes between the seller and the buyer from a purchase contract.
8.5. European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: 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).
8.6. The seller is authorized to sell goods based on a trade license. The trade inspection is carried out by the competent trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises, within a defined scope, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7. The buyer hereby assumes the risk of a change in circumstances in the sense of § 1765 paragraph. Section 2 of the Civil Code.
9.1. The seller processes the personal data of the buyer. More information on such processing can be found in the GDPR article.
10.1. If a relationship based on a purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law.
10.2. The choice of law under this article of the terms and conditions does not deprive the consumer of the protection afforded by provisions of the legal order from which it is not possible to contractually deviate, and which would otherwise apply in the absence of a choice of law according to the provisions of Art. 6 paragraphs. Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.3. If any provision of the terms and conditions is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall replace it. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
10.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
10.5. The attachment to the terms and conditions includes a sample form for withdrawal from the purchase contract.
10.6. Contact details of the seller:
In Prague on the 24th. 1. 2022
sample form for contract withdrawal
(fill out this form and send it back only if you wish to withdraw from the contract)
Notice of Contract TerminationRecipient: Boaz, s.r.o., modernatex.cz email address info@modernatex.cz phone +420 498 880 009 I hereby announce that I am withdrawing from the contract for the purchase of this goods Order Date / Date Received Consumer's First and Last Name Consumer's Address Consumer/Consumers Signature (only if this form is sent in paper form) Date |
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