1. Definition of terms

The terms set out below in these general terms and conditions for the sale of goods have the meaning defined in this paragraph:

• Seller - Borovka Event sro with registered office at Riegrova 51, 370 01 České Budějovice, Company ID: 01400690, VAT ID: CZ01400690, registered in the Commercial Register kept by the Regional Court in České Budějovice under file number C 21579. Contact: info@borovkarental.cz
• Buyer - every visitor to the E-shop (regardless of whether they are a Consumer or an Entrepreneur).
• Order - a binding proposal by the Buyer to conclude a Purchase Agreement.
• Purchase Agreement - an obligation containing the rights and obligations of the Buyer and the Seller arising from the sale of Goods (movable property) by the Seller and their purchase by the Buyer.
• Goods - a movable item that the Seller sells (or only offers via the E-shop) to the Buyer under the Purchase Agreement.
• Consumer - a buyer who concludes a Contract with the Seller outside the scope of his/her business activity or outside the scope of the independent performance of his/her profession.
• Entrepreneur - a purchasing person who is not a Consumer. An entrepreneur is also considered to be any person who concludes contracts related to their own commercial, production or similar activities or in the independent performance of their profession, or a person who acts in the name or on behalf of an entrepreneur.
• General Terms and Conditions (hereinafter also "GTC") - basic conditions governing the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the Purchase Agreement concluded between the Seller and the Buyer via the online store.
• Carrier – a person other than the Seller who ensures the transport of the Goods to the location designated by the Buyer.
• E-shop – an online platform at the internet address www.borovkarental.cz, operated by the Seller, on which the Seller offers (among other things) Goods for sale.

2. Introductory provisions

2.1 These GTC are governed by Act No. 89/2012 Coll., the Civil Code, in its valid and effective wording on the date of sending the Order (hereinafter also the " Civil Code "), and they bindingly regulate the relations between the Seller and the Buyer, as parties to the Purchase Agreement.

2.2 By placing an Order, the Buyer confirms (by checking the box before sending or handing over the Order) that he has read and agrees to these GTC, in the version valid and effective at the time of sending the Order. If the Order was not placed by the Buyer via the E-shop, the Buyer will receive the GTC as an attachment to the Order confirmation to the email address provided to the Seller.

2.3 These GTC are an integral part of the Purchase Agreement. In the event that the Seller and the Buyer conclude a written Purchase Agreement in which they agree on conditions different from the GTC, the provisions of the Purchase Agreement shall prevail over the GTC. In the event of any differences between the GTC and the individual Purchase Agreement, the text of the individual Purchase Agreement shall prevail. The legal relations of the Seller with the Buyer, not expressly regulated by these GTC or the Purchase Agreement, shall be governed by the relevant provisions of the Civil Code.

2.4 The Buyer is deemed to have become familiar with these GTC if the Purchase Agreement has been concluded.

3. Formation of the Contract

3.1 By placing an Order, the Buyer makes a binding proposal to the Seller to conclude a Purchase Agreement. When creating an Order using the form, the Buyer first selects the Goods in which he is interested. After selecting the required quantity, shipping method and payment method, the Buyer then confirms his Order, thereby placing it. The Order may be placed either in writing, electronically via the Seller's E-shop or by email, or by telephone. The Buyer may change the Order after it has been placed only if the Seller is informed of this before sending the confirmation of receipt of the Order.

3.2 The Goods offered via the E-shop website address are an offer of Goods, which is for informational purposes only. The offer of Goods itself is not considered, without further ado, to be a proposal to deliver Goods within the meaning of Section 1732(2) of the Civil Code and the Seller is not obliged to conclude a Purchase Agreement regarding the offered Goods.

3.3 In the event of placing an Order electronically, via the E-shop, after placing the Order, the Buyer will first receive an information email in which the Seller informs the Buyer that the Order has been delivered to him by the Buyer, without, however, its binding confirmation by the Seller. For the avoidance of doubt, the Seller states and the Buyer is aware that this information email is not a binding confirmation of acceptance of the Order, which concludes the Purchase Agreement pursuant to point 3.4. of these GTC.

3.4 The Purchase Agreement is validly concluded when the Seller's authorized person confirms the acceptance of the Order in writing (also electronically, to the Buyer's electronic address specified in the Order) or by telephone. Deviations in the Seller's confirmation from the original Order are considered a new proposal to conclude the Purchase Agreement. Any additional changes to an already confirmed Order are considered a proposal to amend the Purchase Agreement or a request to cancel the Purchase Agreement and place a new Order. If the Seller agrees with the changes, he will issue a new confirmation of acceptance.

3.5 If the Seller does not confirm receipt of an Order placed in writing within 5 business days of its delivery (electronically, to the Buyer's electronic address specified in the Order, or by telephone), it is considered to have lapsed.

3.6 The purchase contract is validly concluded even if the Buyer personally appears at the Seller's registered office or premises, orally places the Order and the Seller orally confirms its acceptance on site or the Buyer takes over the Goods.

3.7 The Buyer shall bear the costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (e.g. costs of internet connection or costs of telephone calls).

4. Delivery terms

4.1 The Seller, taking into account the conditions set out below, undertakes to send the Goods to the Buyer as soon as possible, no later than the statutory deadline, i.e. within 30 days from the date of conclusion of the Purchase Agreement. In the case of payment by credit card via the Internet via a payment gateway and by bank transfer after completion of the Order, the Seller will send the Goods only after the payment has been credited to the Buyer's bank account.

4.2 The Seller is not liable for damages caused by delays in the shipment or delivery of the Goods for any reason.

4.3 Sending the ordered Goods means sending them to the address specified by the Buyer when creating the Order.

4.4 The Buyer acquires ownership of the purchased Goods upon taking them over. The risk of damage to the Goods also passes to the Buyer upon taking over the Goods.

4.5 Unless otherwise agreed in the Purchase Agreement, the method of delivery of the Goods shall be determined by the Seller. In the event that the method of transport is agreed upon at the Buyer's request, the Buyer shall bear the risk associated with such method of transport, including any additional costs for the selected method of transport.

4.6 When accepting 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, immediately notify the Carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the Buyer is recommended not to accept the shipment from the Carrier and to fill out a record of damage to the shipment. By signing the delivery note, the Buyer confirms that the packaging of the shipment containing the Goods was intact.

4.7 The Buyer is obliged to make a claim for mechanical damage to the Goods, non-conforming Goods, etc., which were not apparent upon receipt of the shipment from the Carrier, immediately after their discovery. The Seller is not liable for damage to the Goods incurred during their Transportation if the Buyer does not immediately claim such damage.

4.8 If, for reasons on the Buyer's side, it is necessary to deliver the Goods repeatedly or in a different manner than specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the Goods or the costs associated with a different method of delivery.

4.9 If the Buyer does not collect the Goods previously ordered by him, the Seller is not obliged to send him any newly ordered Goods that have not yet been paid for.

4.10 In cases where part of the Seller's obligation under the Contract is to ensure the transport of the Goods to a specific location and this transport is provided by the Carrier, the document proving the delivery of the Goods is the Carrier's document confirmed by the Seller or a person authorized by him.

4.11 The Buyer is obliged to provide the necessary cooperation to enable the Seller to deliver the Goods in accordance with the agreed terms.

4.12 If the Seller's obligation includes the transport of the Goods to the place designated by the Buyer at a given date and time (performance period), the Buyer is obliged to provide the Seller with the necessary instructions in writing (possibly electronically) or by telephone well in advance of the performance within the agreed performance period. The instructions will include all information necessary for the transport of the Goods, in particular the identification of the person authorized by the Buyer to take over the Goods, the identification of the place of unloading, the time of acceptance and the specification of any restrictions (time and other) on the acceptance of the Goods. If the Seller does not receive these instructions on time, it is entitled to postpone the agreed performance period without thereby breaching the Purchase Agreement. If the instructions are incomplete or inaccurate, the Buyer must pay the Seller any damage resulting therefrom.

5. Payment terms

5.1 The price of the Goods is stated in the Purchase Agreement.

5.2 The shipping price of the Goods selected by the Buyer before completing the Order is stated in the Purchase Agreement.

5.3 The total purchase price of the Order stated in the Order is stated including the price of the Goods, the price of transport, all fees and taxes and also includes any agreed transport to the place specified by the Buyer at the given date and time (performance period), assembly and disassembly, if agreed in the Purchase Agreement and if it is provided by the Seller or the Carrier chosen by him. This does not apply to Purchase Agreements where the Buyer is not a Consumer.

5.4 The seller offers to choice of these payment methods: via a payment gateway, by bank transfer after completing the order, cash on delivery upon receipt from the Carrier. This does not affect the Seller's right to request advance payment from a specific Buyer in justified cases and to allow such Buyer to pay only in this way.

5.5 In the case of delivery of Goods by the Carrier, the date of taxable performance is the day of handover of the Goods to the Carrier, the tax document will be handed over to the Seller together with the Goods. The Buyer will be informed about the shipment of the Goods by email or by telephone. The tax document may also be sent to the Buyer only electronically in PDF format, with which the Buyer agrees. The Seller is obliged to deliver the original tax document to the address of the registered office or residence of the Buyer only in cases expressly stated in the Purchase Agreement.

5.6 When choosing to pay by credit card online, the Buyer will be redirected to a third-party payment server after completing the Order, where they will fill in the necessary payment details. After verifying their validity, the Order will be confirmed and the purchase price of the Order will be deducted from the Buyer's account.

5.7 When choosing payment by bank transfer, the Buyer shall pay the purchase price of the Order before its processing to the Seller's bank account specified in the tax document (i.e. in the Contract or Order), i.e. the Goods will be sent to the Buyer only after the purchase price of the Order has been credited to the Seller's account. The purchase price of the Order is considered paid at the moment the amount of money is credited to the Seller's bank account.

5.8 In the case of payment on delivery upon receipt of the Goods from the Carrier, the Seller reserves the right to add the costs of arranging the delivery to the order price according to the Carrier's current price list.

5.9 All changes, including changes to prices in the E-shop, are reserved. The price is valid at the time of ordering.

5.10 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, no later than within 48 hours. The Buyer agrees to the issuance of a receipt in electronic form.

6. Rights and obligations of the contracting parties

6.1 The Seller is obliged to deliver the ordered Goods to the Buyer at the agreed price and the Buyer is obliged to take over the Goods and pay the purchase price.

6.2 In the event of a breach of the terms of the Purchase Agreement or the GTC by the Buyer, the Seller reserves the right to withdraw from the Purchase Agreement. Unless otherwise provided by the Civil Code, the Buyer shall be obliged to pay the Seller all costs associated with his Order, in particular the costs of sending the Goods, if the Buyer does not take delivery of the Goods and these have not yet been paid by the Buyer.

6.3 The Buyer is obliged, in particular when ordering the Goods, to provide correct and truthful information. The information necessary for concluding the Purchase Agreement provided by the Buyer is considered correct by the Seller.

6.4 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.

6.5 The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

6.6 All communications from the Seller may be delivered to the Buyer at the electronic address specified by the Buyer in the Order.

7. Liability for defects

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code) and the Consumer Protection Act.

7.2. The Seller is responsible to the Buyer that the Goods are free from defects upon acceptance. In particular, the Seller is responsible The Buyer that at the time the Buyer took over the goods:

a. the Goods have the properties agreed upon by the contracting parties, and in the absence of such agreement, they have the properties described by the Seller or the manufacturer or which the Buyer can generally expect with regard to the nature of the Goods and on the basis of the advertising carried out by the Seller,

b. the Goods are suitable for the purpose stated by the Seller for their use or for which Goods of this type are usually used,

c. The goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,

d. the Goods are of the appropriate quantity, measure or weight and

e. The goods comply with the requirements of legal regulations.

7.3. The consumer is entitled to exercise the right to a defect that occurs in consumer goods within the legally prescribed period, i.e. 24 months from the date of receipt. If the period for which the item can be used is stated on the sold Goods, on its packaging, in the instructions attached to the Goods or in accordance with other legal regulations, the statutory provisions on the quality guarantee shall apply. If the defect becomes apparent within 6 months from the date of receipt, it is assumed that the Goods were defective already upon receipt; after the expiry of this 6-month period, the Buyer must prove his claim that the defect already existed at the time of receipt.

7.4. The Buyer may exercise rights arising from defective performance with the Seller at the address of his registered office. The moment of exercising the claim is considered the moment when the Consumer's claim reaches the Seller (see Section 570, paragraph 1 of the Civil Code).

7.5. When exercising the right to defective performance, the Buyer is obliged to prove the conclusion of the Purchase Agreement. For this purpose, the Seller recommends submitting, in particular, a confirmation of purchase.

7.6. The Buyer is obliged to inform the Seller of the defect, i.e. provide a description of the defect in the Goods for which he is making a complaint.

7.7. The Buyer does not have the right to claim for defective performance if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect himself or a third party other than the Seller caused it through no fault of his.

7.8. The Seller or an employee authorized by him shall decide on a complaint from the Consumer immediately, in complex cases within 3 working days. This period does not include the time appropriate to the type of Goods or service required for a professional assessment of the defect. The complaint from the Consumer, including the removal of the defect, will be handled by the Seller without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Consumer agree on a longer period. The preferred method of handling a complaint is to refund the purchase price.

7.9. If the Seller does not reject the complaint, it will issue a confirmation of receipt of the complaint to the Buyer, which will include, among other things, the identification of the Seller and the Buyer, what the content of the complaint is according to the Buyer, what method of handling the complaint the Buyer prefers, the date and place of receipt of the complaint and the signature of the Seller's employee (see Section 19, paragraph 1 of the Consumer Protection Act).

7.10. The consumer has the right to reimbursement of reasonably incurred costs associated with exercising his right to claim defective performance.

7.11. The Seller is obliged to inform the Buyer that the complaint has been resolved and in what manner, to the electronic address provided when submitting the complaint or via other contact information, according to which it will be possible to notify the Buyer of the resolution of the complaint. The Seller will indicate in this notification the deadline for collecting the claimed Goods.

7.12. If the Buyer fails to collect the claimed Goods within the period set by the Seller, the Seller is entitled to charge a reasonable storage fee or sell the goods on its own account for the Buyer's account. The Seller must notify the Buyer of this procedure in advance and provide him with a reasonable additional period to take over the Goods.

7.13. The Seller is not liable for any losses, injury or damage to property, whether direct or indirect, caused by a defect in the Goods supplied, unless such loss, injury or damage to property was caused by negligence or intent on the part of the Seller.

8. Withdrawal from the Purchase Agreement

Withdrawal from the Purchase Agreement by the Consumer

8.1. If the Purchase Agreement is concluded using means of distance communication (via the E-shop), the Consumer has the right, in accordance with Section 1829 et seq. of the Civil Code, to withdraw from the Purchase Agreement without giving a reason and without any penalty within 14 days from the date of receipt of the goods.

8.2. If the Consumer notifies the Seller within the statutory 14-day period that he withdraws from the Purchase Agreement and returns the Goods without undue delay, no later than 14 days from the withdrawal from the Agreement, the Purchase Agreement shall be cancelled from the beginning. To withdraw from the Purchase Agreement, the Consumer may use the purchase confirmation that he received with the purchased goods, or this general form for withdrawal from the contract and complaints. The form should contain at least the Buyer's name and surname, order number, description of the Goods and account number for the refund.

8.3. In the event that the Consumer withdraws from the Purchase Agreement within the statutory 14-day period and the returned Goods are not complete or are demonstrably used or damaged, the Seller is entitled to compensation from the Consumer, or an amount corresponding to the reduced value of the returned Goods, with which the Consumer/Buyer hereby agrees. In such a case, the Seller shall return to the Consumer the thus agreed reduced purchase price. In cases where the Goods are no longer saleable (e.g. in the event of their destruction or extensive damage or removal of the symbols of the relevant company brand/logo/label, etc.), the Seller's claim may amount to an amount corresponding to the full price of the Goods, which the Consumer hereby acknowledges and agrees to. If the Seller decides to accept demonstrably used or damaged Goods as a return even after the 14-day statutory period for withdrawal from the Purchase Contract has expired, the amount returned to the Consumer will still be reduced by an amount corresponding to the reduced value of the price of the returned Goods, to which the Consumer/Buyer hereby agrees.

8.4. The consumer acknowledges that, pursuant to Section 1837 of the Civil Code, he cannot withdraw from the Purchase Agreement in the cases specified herein, in particular in the case of the delivery of Goods that have been modified according to the Buyer's wishes or for his person, in the case of the delivery of Goods that are subject to rapid deterioration, as well as Goods that have been irretrievably mixed with other Goods after delivery, Goods in sealed packaging that the Buyer has removed from the packaging and cannot be returned for hygiene reasons (e.g. a face mask, a mask, a respirator, etc.), deliveries of audio or video recordings or computer programs if their original packaging has been damaged, or deliveries of newspapers, periodicals or magazines.

8.5. In the event of exercising the right to withdraw from the Purchase Contract within the statutory period of 14 days, the Buyer shall send or hand over to the Seller without undue delay, no later than 14 days from the withdrawal from the Purchase Contract, the Goods received from the Seller, including all its parts and accessories.

8.6. If the Consumer rightfully withdraws from the Purchase Contract within the statutory 14-day withdrawal period, the Seller is obliged to return all funds, including the costs of delivering the Goods, to the Consumer without undue delay, no later than 14 days from the date of withdrawal from the Purchase Contract, in an amount corresponding to the cheapest the offered method of delivery of the Goods, in principle in the same way as he received them. The Seller will return the funds received to the Consumer in another way only if the Consumer has agreed to this and if he does not incur additional costs.

8.7. If the Consumer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Consumer before the Consumer hands over the goods to him or proves that he has sent the Goods to the Seller.

8.8. If the Consumer rightfully withdraws from the Purchase Agreement and returns the Goods to the Seller's registered office, he is entitled to compensation for the amount corresponding to the transportation costs incurred, if the Goods purchased by him were delivered to his home.

8.9. The price for sending the Goods is refunded only upon complete withdrawal from the Purchase Agreement, i.e. only after all items within one Order have been returned.

8.10. In the event that the Goods cannot be returned by regular mail due to their nature, the Buyer has the right to a refund only in the amount corresponding to the postage costs in the amount corresponding to the cheapest method of delivery offered.

8.11. If the Buyer withdraws from the Purchase Agreement without authorization and nevertheless sends the Goods to the Seller, the Goods will not be accepted, or will be sent back at the Consumer's expense and, in the event of a proven return of an undeliverable shipment, destroyed by the Seller without the Buyer's right to a refund of the purchase price, to which the Buyer hereby agrees.

Withdrawal from the purchase contract by the Seller

8.12. The Seller ensures sufficient supply, however, situations may arise where the Seller will not be able to deliver the ordered Goods under the conditions agreed in the Purchase Agreement. The Seller therefore reserves the right to withdraw from the Purchase Agreement in such cases and the Buyer hereby agrees to such a procedure in such a case.

8.13. The Seller has the right to withdraw from the Purchase Agreement also if there have been significant changes in the prices of the supplier of the ordered Goods, if there have been significant changes in the prices of the transport of the Goods, or if the Seller discovers that the Goods were mistakenly offered at an incorrect price and the Buyer has not accepted the relevant change to the Purchase Agreement, i.e. an increase in the price of the Goods or an increase in transport costs. The Buyer hereby agrees to the above procedure for such cases.

8.14. The Buyer acknowledges and agrees that the Seller is entitled to withdraw from the Purchase Agreement concluded with the Buyer, or not to conclude a contract with such Buyer at all, if the Buyer has materially breached any of his obligations in any of the previous contractual relationships with the Seller. A material breach of a previous contractual relationship is considered, for the purposes of withdrawal from the Purchase Agreement, to be conduct within the meaning of Section 2002(2) of the Civil Code.

8.15. If the Seller withdraws from the Purchase Agreement, it is obliged to immediately inform the Buyer at the electronic address provided by the Buyer when creating the order. It is also obliged to return to the Buyer the full purchase price of the Goods, if this has already been paid, or reduced in accordance with these Terms and Conditions.

9. Protection of personal data

The processing of the Buyer Consumer's personal data is subject to the relevant legal regulations governing the protection of personal data, including 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 (GDPR). The principles governing the processing of the Buyer Consumer's personal data are contained here.

10. Final provision

 

10.1 Any disputes arising under the Purchase Agreement will be resolved exclusively in accordance with the law of the Czech Republic and will be resolved by the competent courts of the Czech Republic. The locally competent court of first instance is the court at the Seller's registered office, this does not apply if the Buyer is a Consumer.

10.2 The Seller shall not be liable for any damage resulting from failure to fulfil its obligations under the Contract if such failure was caused by an extraordinary, unforeseeable and insurmountable obstacle arising independently of its will. An obstacle arising independently of the Seller's will shall be deemed to be, in particular, a lockout, strike, epidemic, pandemic, fire, natural disasters, war, embargo, measures by the state (and/or the EU) including anti-dumping. The Seller must immediately notify the Buyer in writing of the existence of such an obstacle and take all measures to mitigate the consequences of the failure to fulfil its obligations.

10.3 The Seller is not liable for any damage incurred as a result of the Buyer's breach of obligations set out in this Agreement (including these GTC).

10.4 The language of communication between the Seller and the Buyer and the language of the Purchase Agreement is Czech. The concluded Purchase Agreements are archived by the Seller in electronic form and are not accessible to other persons.

10.5 The Seller may amend or supplement the text of the GTC. The amended GTC shall be effective on the date of their publication. The rights and obligations of the Seller and the Buyer arising before the date of entry into force of the new GTC shall not be affected by the amendment.

10.6 If the relationship established by the Purchase Agreement contains an international (foreign) element, then the contracting parties agree that the relationship is governed by Czech law, excluding all conflict of law rules. This does not affect the Consumer's rights arising from generally binding legal regulations.

10.7 Any disputes arising under the Purchase Agreement, where the Buyer is a Consumer, can also be resolved out of court. In such a case, the Buyer Consumer may contact the out-of-court dispute resolution body, which is the Czech Trade Inspection. Detailed information on out-of-court dispute resolution is available here.

10.8 Both the Buyer and the Seller confirm that they have read and agree to all points of these GTC.

10.9 These GTC must be interpreted in accordance with the legal regulations valid and effective at the time of conclusion of the Contract. The invalidity of individual provisions of the GTC according to legal regulations does not result in the invalidity of the GTC as a whole.

These GTC come into effect on: 19. 3. 2020