Terms and Conditions

GENERAL TERMS AND CONDITIONS

These general terms and conditions ("Terms and Conditions") of Ing. Jiří Bureš - BadShop, with registered office at K Západi 1974/28, 621 00 Brno, Czech Republic, ID No.: 65299612, VAT No.: CZ7312073956, registered at the competent office according to § 71 (2) of the Trade Licensing Act. 89/2012 Coll., e -mail info@badshop.store, phone +420792924295, address of the business premises Tereza Nováková 64, 621 00 Brno ("We" or "Seller") in accordance with the provisions of § 1751 (1) of Act No. 89/2012 Coll., as amended (the "Civil Code") regulate the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or on the basis of the purchase contract (the "Contract") concluded through the E-shop on the badshop.store website.

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here.

The provisions of these Terms and Conditions are an integral part of the Contract. The Contract and the Terms and Conditions are drawn up in the English language. We may unilaterally amend or supplement the Terms and Conditions. This provision does not affect any rights and obligations arising during the period of effectiveness of the previous version of the Conditions.

As you know, we primarily communicate remotely. Therefore, it also applies to our Contract that means of remote communication are used which allow us to come to an agreement without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the E-shop environment, through the interface of the website ("E-shop web interface").

To the extent that any part of the Terms contradicts what We have mutually agreed as part of the process of Your purchase on Our E-Shop, that particular agreement will prevail over the Terms.

I. GENERAL DEFINITIONS

Price means the amount of money you will pay for the Goods;
Shipping Fee is the amount of money you will pay for the delivery of the Goods, including the cost of packing them;
Total Price is the sum of the Price and the Shipping Charge;
VAT is value added tax under applicable law;
Invoice means a tax document issued in accordance with the Value Added Tax Act in respect of the Total Price;
Order is Your irrevocable proposal to enter into a Contract for the purchase of the Goods with Us;
User Account means an account set up on the basis of the details provided by You, which allows the storage of the data entered and the retention of the history of the Goods ordered and the Contracts entered into;
You are the person shopping on Our E-Shop, referred to by law as the Buyer;
Goods are anything you can purchase on the E-Shop.

II. GENERAL PROVISIONS AND INSTRUCTIONS

The purchase of Goods is only possible through the web interface of the E-shop.
When purchasing the Goods, it is Your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us when ordering the Goods to be correct and truthful.
We also provide access to reviews of the Goods made by other consumers on Our E-Shop. We ensure and control the authenticity of such reviews by linking the reviews to specific orders, i.e. in our internal system we also see the linked order ID for each review, and thus are able to verify and prove that the reviews are from a real consumer.

III. CONTRACT CONCLUSION

The contract with Us can only be concluded in the English language.
The contract is concluded remotely via the E-shop, while the costs for the use of remote means of communication are borne by you. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for access to the Internet), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote communication facilities..
In order for Us to conclude the Contract, You must create a draft Order on the E-Shop. This proposal must contain the following information:
1. Information about the Goods you are purchasing (on the E-shop you indicate the Goods you are interested in purchasing by clicking "Add to Cart");
2. Information about the Price, the Shipping Fee, the method of payment of the Total Price and the desired method of delivery of the Goods; this information will be entered as part of the creation of the Order proposal within the user environment of the E-shop, while the information about the Price, the Shipping Charge and the Total Price will be provided automatically based on the Goods and the method of delivery selected by you;
3. Your identification and contact details used to enable us to deliver the Goods, in particular i.e. first name, surname, delivery address, telephone number and email address;
In the course of creating the draft Order, the data may be changed and checked until the Order is created. Once the check has been made by pressing the "Order binding payment" button, the Order will be created. Before pressing the button, however, you must still confirm your acquaintance with and acceptance of these Terms and Conditions, otherwise you will not be able to create the Order. The check box is used to confirm and agree. After pressing the "Order binding payment" button, all completed information will be sent directly to us.
We will confirm your Order as soon as possible after it has been received by Us by a message sent to the e-mail address provided in your Order. The confirmation will include a summary of the Order and these Terms and Conditions. Confirmation of the Order by Us shall constitute the conclusion of the Contract between Us and You. The Terms and Conditions as in force on the date of the Order form an integral part of the Contract.
There may be occasions when We are unable to confirm an Order to You. These are mainly situations where the Goods are not available or where You order more Goods than We are able to supply. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and so it should not come as a surprise to you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to enter into a Contract in a form amended from the Order. The Contract is then concluded at the time You confirm Our offer.
In the case that a manifestly incorrect Price is quoted within the E-shop or in the Order proposal, We shall not be obliged to supply the Goods to You at that Price even if You have received confirmation of the Order and the Contract has therefore been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in a form amended from the Order. The new Contract is then concluded at the moment You confirm Our offer. In the event that You do not confirm Our offer even within 3 days of sending the offer, We shall be entitled to withdraw from the concluded Contract. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or a missing or missing digit.
In the event that a Contract is concluded, You shall be obliged to pay the Total Price.
If you have set up a User Account, you can place an Order through it. However, even in this case you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.
In some cases, we allow you to take advantage of a discount on the purchase of Goods. In order for the discount to be granted, you must fill in the details of this discount in the predetermined field as part of the Order proposal. If you do so, the Goods will be provided to you at a discount.

IV. USER ACCOUNT

Based on your registration within the E-shop, you can access your User Account.
When registering for a User Account, it is your responsibility to provide correct and truthful information and to update it if it changes.
Access to the User Account is secured by a username and password. It is your responsibility to maintain confidentiality regarding this access and not to provide this information to anyone. In the event that they are misused, we will not be liable for this.
The user account is personal and you are therefore not entitled to allow third parties to use it.
We may terminate your User Account, in particular if you have not used it for more than 2 years or if you breach your obligations under the Agreement.
The User Account may not be available on a continuous basis, in particular with regard to necessary hardware and software maintenance.

V. PRICE AND PAYMENT TERMS, DISCLAIMER OF OWNERSHIP

The price is always indicated within the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply, which shall always be the same as the price in the Contract. Within the Order proposal, the Price for shipping is also indicated, or the conditions when shipping is free of charge.
The total price is inclusive of VAT, including all charges provided for by law.
In case the Customer has VAT ID in EU and provides this information when placing the Order by filling in the relevant VAT ID number, the total amount will be stated without VAT in the Revese Charge mode.
Payment of the Total Price will be required from you after the Contract has been entered into and prior to delivery of the Goods. You may make payment of the Total Price in the following ways:
1. By bank transfer (only for EUR currency) to the account IBAN CZ16550000000000001630742003, SWIFT RZBCCZPP, held at Raiffeisenbank. We will send you the information for making the payment within the Order confirmation. In the case of payment by bank transfer, the Total Price is due within 7 days of ordering.
2. By card online (for EUR, HUF a PLN currency). In this case, payment is made via the GoPay payment gateway, and payment is governed by the terms and conditions of this payment gateway, which are available at: www.gopay.com
3. By online bank transfer (only for Poland and Slovakia). In this case, payment is made via the GoPay payment gateway, and payment is governed by the terms and conditions of this payment gateway, which are available at: www.gopay.com
4. By Revolut payment using revolut.me/badshop site. The currency and amount must correspond to the value of the contract. The transfer of funds is governed by Revolut's terms and conditions.
5. Cash on personal collection (only for EUR currency). Cash can be paid for Goods in the event of collection at Our premises. In the case of payment in cash on collection in person, the Total Price is payable on collection of the Goods.
The invoice will be issued electronically upon payment of the Total Price and will be sent to your email address. The invoice will also be available in the User Account.
Ownership right to the Goods will only pass to You once You have paid the Total Price and accepted the Goods. In the case of payment by bank transfer, the Total Price is paid by credit to Our account, otherwise it is paid at the time of payment.

VI. DELIVERY OF THE GOODS, PASSING THE RISK OF DAMAGE TO THE GOODS

The goods will be delivered to you by the method of your choice, choosing from the following options:
1. Personal collection at Our premises
2. Personal collection at the dispensing points of shipping companies
3. Delivery by shipping companies
Goods can be delivered to all EU countries supported by the e-shop.
The delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The estimated delivery time of the Goods will be notified to you in the Order confirmation. The time stated on the E-Shop is indicative only and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you of the possibility of collecting the Goods by e-mail.
Upon receipt of the Goods from the Shipping agent, it is your responsibility to check the integrity of the packaging of the Goods and in the event of any defects, to notify the carrier and us immediately. In the event that there is a defect in the packaging which is indicative of tampering and entry into the shipment, it is not Your obligation to accept the Goods from the Shipping agent
In case that You breach Your obligation to accept the Goods, except in accordance with Clause VI.1 of the Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not be a repudiation of the Contract between Us and You. However, in such a case We shall have the right to withdraw from the Contract on the grounds of Your material breach of the Contract. If We decide to exercise this right, the cancellation is effective on the date We deliver the cancellation to You. Withdrawal from the Contract shall not affect any right to payment of the Price for transport or any right to compensation for damages, if any.
If, for reasons arising on Your part, the Goods are redelivered or redelivered in a manner other than that agreed in the Contract, it is Your responsibility to reimburse Us for the costs of such redelivery. Payment details for payment of these costs will be sent to You at Your email address set out in the Contract and are due 14 days from receipt of the email.
Dangerous damage to the Goods shall pass to You at the time You take delivery of the Goods. In the event that you do not take delivery of the Goods, except in accordance with clause VI.1 of the Conditions, the risk of damage to the Goods shall pass to you at the time when you had the opportunity to take delivery of the Goods but for reasons beyond your control did not take delivery. The passing of the risk of damage to the Goods means that from that moment onwards you shall bear all consequences related to the loss, destruction, damage or any depreciation of the Goods..
In case that the Goods have not been listed as in stock in the E-shop and an indicative period of availability has been indicated, we will always inform you in the event of:
1. an extraordinary failure in the production of the Goods and we will always notify you of the new expected period of availability or information that the Goods cannot be delivered;
2. a delay in delivery of the Goods from our supplier and we will always notify you of the new expected delivery time;

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

The Seller is responsible 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:
1. the goods have the properties agreed upon by the parties, and if there is no agreement, they have the properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
2. the goods are suitable for the purpose for which the seller indicates their use or for which goods of this type are usually used,
3. the quality or design of the goods corresponds to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
4. the goods are in the corresponding quantity, measure or weight and the goods comply with the requirements of legal regulations.
The Seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last. The buyer is otherwise entitled to exercise the right from a defect that occurs with consumer goods within twenty-four months of receipt.
If the period during which the goods can be used is indicated on the sold goods, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. With a quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period of time. If the buyer justifiably complained to the seller about a defect in the goods, the deadline for exercising rights from defective performance and the warranty period do not run for the period during which the buyer cannot use the defective goods.
The provisions stated in the previous paragraph of the terms and conditions shall not apply to goods sold at a lower price for a defect for which a lower price was negotiated, for wear and tear of the goods caused by its usual use, for used goods for a defect corresponding to the degree of use or wear and tear the goods had when the buyer took them over , or if it follows from the nature of the goods. The right from defective performance does not belong to the buyer, if he knew before taking over the goods that the goods had a defect, or if the defect was caused by the buyer himself.
In the event of a defect, the buyer can submit a complaint to the seller and demand:
1. exchange for new goods,
2. repair of goods,
3. a reasonable discount from the purchase price,
4. withdraw from the contract.
The buyer has the right to withdraw from the contract::
1. if the goods have a substantial defect,
2. if he cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
3. in the event of a greater number of product defects.
A material breach of contract is one which the breaching party already knew or should have known at the time of concluding the contract, that the other party would not have concluded the contract if it had foreseen this breach.
In the case of a defect that means an insignificant breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.
If a removable defect has occurred repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to apply for a discount on the purchase price, exchange the goods or withdraw from the contract.
When making a complaint, the buyer is obliged to inform the seller of the right he has chosen. Changing the choice without the consent of the seller is possible only if the buyer requested the repair of a defect that turns out to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
If the repair or replacement of the goods is not possible, based on withdrawal from the contract, the buyer can request a full refund of the purchase price.
If the seller proves that the buyer knew about the defect in the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.
The buyer cannot claim discounted goods for the reason for which the goods are discounted.
The seller is obliged to accept the complaint in any operation where receiving the complaint is possible, or even at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right, what is the content of the claim and what method of settlement of the claim the buyer requires, as well as a confirmation of the date and method of settlement of the claim, including a confirmation of the repair and its duration, or a written justification rejection of the claim.
The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be dealt with immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of application of the complaint is considered to be the moment when the buyer's will is manifested (invoking the right from defective performance) to the seller.
The seller informs the buyer in writing about the result of the complaint.
The right from defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.
In the case of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint. The buyer can exercise this right with the seller within one month after the expiration of the warranty period, otherwise the court may not recognize it.
The buyer has the choice of the complaint method.
The rights and obligations of the contracting parties regarding rights from defective performance are governed by 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.
Further rights and obligations of the parties related to the seller's responsibility for defects are governed by the seller's complaint procedure.

VIII. WITHDRAWAL FROM CONTRACT

The buyer, who concluded the purchase contract outside of his business activity as a consumer, has the right to withdraw from the purchase contract.
The deadline for withdrawing from the contract is 14 days
1. from the day of receipt of the goods
2. from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
3. from the date of acceptance of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.
The buyer cannot, among other things, withdraw from the purchase contract in the following cases:
1. provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
2. on the supply of goods or services, the price of which depends on fluctuations in the financial market, regardless of the will of the seller, and which may occur during the withdrawal period,
3. about the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,
4. on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
5. delivery of perishable goods, as well as goods that were irreversibly mixed with other goods after delivery,
6. delivery of goods in closed packaging, which the buyer removed from the packaging and cannot be returned for hygienic reasons,
7. delivery of audio or video recordings or computer programs, if their original packaging has been broken,
8. delivery of newspapers, periodicals or magazines,
9. delivery of digital content, unless it was delivered on a physical medium and was delivered with the prior express consent of the buyer before the expiry of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such case he does not have the right to withdraw from the contract,
10. in other cases mentioned in § 1837 of the Civil Code.
In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
To withdraw from the purchase contract, the buyer can use the model withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
If the buyer withdraws from the contract, the seller will return to him immediately, but no later than 14 days after the withdrawal from the contract, all funds, including delivery costs, that he received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees to this and if it does not incur additional costs.
If the buyer has chosen a different than the cheapest method of delivery of the goods offered by the seller, the seller will refund the cost of delivery of the goods to the buyer in the amount corresponding to the cheapest method of delivery of the goods offered.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. 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.
The seller is entitled to withdraw from the purchase contract due to sold-out stocks, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped production or importation of the goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, which he received from him under the contract, in the same way, or in a way specified by the buyer.

IX. RESOLUTION OF DISPUTES WITH CONSUMERS

In relation to buyers, we are not bound by any codes of conduct in accordance with § 1826 par. 1 letter e) of the Civil Code.
We handle consumer complaints via the email address info@badshop.store. We will send information about handling the complaint to the buyer's email address.
The Czech Trade Inspection, with its registered office at Štěpánska 567/15, 120 00 Prague 2, IČO: 000 20 869, internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
The European Consumer Center Czech Republic, with registered office Štěpánska 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation of the European Parliament and Council (EU) no. 524/2013 of May 21, 2013, on the resolution of consumer disputes online and on the amendment of Regulation (EC) no. 2006/2004 and directive 2009/22/EC (regulation on the resolution of consumer disputes online).

X. FINAL PROVISIONS

If Our and Your legal relationship contains an international element (ie, for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights arising from legal regulations.
We will deliver all written correspondence with you by electronic mail. Our email address is listed under Our Identification Data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you contacted us.
In the case of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not responsible for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for a period longer than 10 days, we and you have the right to withdraw from the Agreement.
The Annex to the Terms and Conditions contains a sample form for a complaint and a sample form for withdrawing from the Contract.
The contract, including the Terms and Conditions, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Terms and the confirmation of the Order with a summary of the Order by e-mail, and you will therefore always have access to the Agreement even without Our cooperation. We recommend always saving the confirmation of the Order and the Terms and Conditions.

These Terms and Conditions enter into force on 1 July 2023

APPENDIX NO. 1 - COMPLAINT FORM

Addressee: Ing. Jiří Bureš - BadShop, K Západi 1974/28 621 00 Brno, Czech Republic

Claim application

Contract Date:
Name and surname:
Address:
E-mail adress:
Goods that are claimed:
Description of defects in the Goods:
Suggested method for processing a claim, or providing a bank account number for the provision of a discount:

At the same time, I request the issuance of a confirmation of the application of the claim indicating when I applied this right, what is the content of the claim together with my claim, including the date and method of handling the claim.

A date:

Signature:

APPENDIX NO. 2 - CONTRACT WITHDRAWAL FORM

Address: Ing. Jiří Bureš - BadShop, K Západi 1974/28 621 00 Brno, Czech Republic

I hereby declare that I withdraw from the Agreement:

Contract Date:
Name and surname:
Address:
E-mail adress:
Specification of the Goods covered by the Contract:
Method for returning the funds received, or specifying the bank account number:

If the buyer is a consumer, he has the right if he ordered the goods through the e-shop of the company Ing. Jiří Bures - BadShop ("Company") or other means of remote communication, except for the cases specified in § 1837 of the Act no. 89/2012 Coll., Civil Code, as amended, to withdraw from an already concluded purchase contract within 14 days from the day of taking over the goods, without giving a reason and without any sanction. The buyer shall notify the Company of this withdrawal in writing to the Company's business address or electronically to the e-mail indicated on the sample form.

If the buyer, who is a consumer, withdraws from the purchase contract, he shall send or sell to the Company without undue delay, no later than 14 days from the withdrawal from the purchase contract, the goods he received from him.

If the buyer, who is a consumer, withdraws from the purchase contract, the Company will return to him without undue delay, no later than 14 days from the withdrawal from the purchase contract, all funds (I will purchase the price of the delivered goods), including the delivery costs, which he received from him on the basis of the purchase contract accepted, in the same way. If the buyer has chosen a different, cheaper method of delivery of the goods than the one offered by the Company, the Company will reimburse the buyer for the cost of delivery of the goods only in the amount corresponding to the cheapest method of delivery of the goods offered. The Company is not obliged to return the received funds to the buyer before the buyer sells the goods or proves that he has handed over the goods to the Company.