TERMS AND CONDITIONS

TERMS AND CONDITIONS

of HOMA BONA s.r.o.

Seller:

  • Company name: HOMA BONA s.r.o.

  • Registered office: Libonice 57, 508 01 Hořice, Czech Republic

  • Company ID: 28817036

  • VAT ID: CZ28817036

  • Registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 29121

  • Managing Director: Hynek Kalista

  • E-mail: kalista@homabona.cz

  • Phone: +420 776 631 300

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of HOMA BONA s.r.o. govern, in accordance with Section 1751(1) 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 agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person acting as a consumer (hereinafter referred to as the “Buyer”) through the online store operated at www.homabona.cz.

1.2. These Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller acts within the scope of their business activity or self-employed professional activity.

1.3. Provisions deviating from these Terms and Conditions may be agreed in the Purchase Agreement. Such deviating provisions shall prevail over these Terms and Conditions.

1.4. These Terms and Conditions form an integral part of the Purchase Agreement.

1.5. The Purchase Agreement and these Terms and Conditions are drawn up in the Czech language.

1.6. The Seller may amend or supplement the wording of these Terms and Conditions. This provision shall not affect rights and obligations arising during the validity of the previous wording of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer’s registration on the website, the Buyer may access their user interface. From the user interface, the Buyer may place orders for goods.

2.2. If the web interface allows it, the Buyer may also place orders without registration.

2.3. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data provided in the user account whenever any changes occur.

2.4. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding information necessary to access their user account.

2.5. The Buyer is not authorized to allow third parties to use the user account.

2.6. The Seller may cancel the user account, especially if the Buyer has not used their account for more than one year or if the Buyer breaches their obligations under the Purchase Agreement (including these Terms and Conditions).

2.7. The Buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the Seller’s hardware and software equipment.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentation of goods placed in the online store interface is of an informative nature and the Seller is not obliged to conclude a Purchase Agreement regarding such goods. Section 1732(2) of the Civil Code shall not apply.

3.2. The online store interface contains information about goods and prices, including all taxes and fees. Prices remain valid for the period during which they are displayed in the online store interface.

3.3. Information about packaging and delivery costs applies only where goods are delivered within the Czech Republic and the European Union, unless stated otherwise.

3.4. In the case of deliveries outside the European Union, customs duties, import taxes, VAT, or other import-related charges are not included in the price of goods or shipping costs. These charges shall be borne in full by the Buyer.

3.5. To order goods, the Buyer shall complete the order form in the online store interface.

3.6. Before submitting the order, the Buyer is allowed to check and amend the data entered into the order, including with regard to the possibility of detecting and correcting errors arising during data entry.

3.7. The Buyer submits the order by clicking the button “Order with obligation to pay” (or wording of similar clear meaning, such as “Pay and order”). The data stated in the order are considered correct by the Seller.

3.8. The Seller shall immediately confirm receipt of the order to the Buyer by e-mail sent to the Buyer’s e-mail address provided in the user account or in the order.

3.9. The Purchase Agreement is concluded upon delivery of the order confirmation (acceptance) by the Seller to the Buyer via e-mail.

3.10. The Seller reserves the right to request additional confirmation of the order (for example in writing or by telephone), especially in the case of unusual quantities of goods or unusually high order value.

3.11. The Buyer agrees to the use of distance communication means when concluding the Purchase Agreement. Costs incurred by the Buyer in connection with the use of distance communication means (internet connection, telephone calls) shall be borne by the Buyer.

3.12. Product reviews may only be submitted by customers who have actually purchased the product. Verification is performed by automatically matching reviews with completed orders through a unique link sent to the customer.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the purchase price and any delivery costs under the Purchase Agreement using the following methods:

  • cash payment at the Seller’s premises (if available);

  • bank transfer;

  • payment card;

  • payment systems Stripe, PayPal or GoPay;

  • cash on delivery to the location specified by the Buyer in the order (if available).

4.2. Together with the purchase price, the Buyer is obliged to pay packaging and delivery costs in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of goods.

4.3. The Seller may require full payment before dispatching the goods. Section 2119(1) of the Civil Code shall not apply.

4.4. In the case of cashless payment, the Buyer is obliged to state the correct payment reference number (Variable Symbol / Variabilní symbol). The Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s bank account.

4.5. The Seller shall issue a tax document (invoice) to the Buyer regarding payments made under the Purchase Agreement.

4.6. The Seller is a VAT payer.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement for goods made according to the Buyer’s wishes or personalized for the Buyer.

5.2. Within this e-shop, goods made or modified according to the Buyer’s wishes include in particular:

  • selection of a specific decor, wallpaper or individual color design;

  • individual combination of product parameters;

  • custom size modifications;

  • production of a specific sound duration;

  • any other technical or design modifications expressly requested by the Buyer.

5.3. Unless the case referred to in Article 5.1 or another statutory exception applies, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days from receipt of the goods. If the subject of the contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods.

5.4. Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in Article 5.3. The Buyer may use the sample withdrawal form attached to these Terms and Conditions. Withdrawal may be sent by the Buyer to the Seller's registered office address or to the e-mail address kalista@homabona.cz.

5.5. In the event of withdrawal from the Purchase Agreement, the agreement shall be cancelled from the beginning. The Buyer is obliged to return the goods to the Seller without undue delay, no later than fourteen (14) days from withdrawal. The Buyer bears the full cost of returning the goods, including cases where the goods cannot be returned by standard postal service due to their nature.

5.6. In the case of returning goods from countries outside the European Union, the Buyer is obliged to ensure proper customs declaration of the parcel as “Returned Goods” and attach all necessary documents for smooth customs clearance.

5.7. If the Seller incurs demonstrable costs related to re-importing the returned shipment into the Czech Republic (especially customs, administrative, storage or handling fees), the Seller is entitled to deduct these costs from the refunded amount.

5.8. The Seller shall return all received payments to the Buyer no later than fourteen (14) days from withdrawal from the agreement, using the same payment method used by the Buyer, unless otherwise agreed. However, the Seller is not obliged to refund the payments before the Buyer proves dispatch of the returned goods or before the Seller physically receives the goods.

5.9. The Seller shall also refund the original delivery costs, but only up to the amount corresponding to the cheapest delivery method offered by the Seller.

5.10. For orders delivered outside the European Union, the refund may be reasonably reduced by actual costs incurred in connection with the return shipment if such costs arose due to incorrect customs declaration by the Buyer, refusal to accept the shipment, or failure to fulfill import/customs obligations on the Buyer’s side.

5.11. The Buyer is liable for any reduction in the value of the goods resulting from handling the goods in a manner other than necessary to familiarize themselves with the nature, characteristics, and functionality of the goods. The Seller is entitled to offset compensation for damage against the Buyer’s claim for refund of the purchase price.

5.12. If a gift is provided together with the goods, the gift agreement becomes ineffective upon withdrawal from the Purchase Agreement. The Buyer is obliged to return the gift together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If transportation is arranged according to the Buyer’s special request, the Buyer bears the risk and any additional costs associated with such transportation.

6.2. The Buyer is obliged to accept the goods upon delivery. If the Buyer fails to accept the goods, the Seller is entitled to withdraw from the Purchase Agreement only after the Buyer has been provided with an additional reasonable period for acceptance and this period expires unsuccessfully.

6.3. In the case of repeated delivery attempts due to reasons on the Buyer’s side, or if delivery must be made in a different manner than agreed, the Buyer is obliged to pay the costs associated with repeated or alternative delivery.

6.4. Upon receipt, the Buyer is obliged to inspect the integrity of the packaging and immediately notify the carrier of any defects and prepare a damage report. If the packaging is visibly damaged, the Buyer is not obliged to accept the shipment.

6.5. Additional rights and obligations regarding transport may be regulated by special delivery conditions issued by the Seller.

6.6. For deliveries outside the European Union, the Buyer may be required to pay import duties, customs fees, VAT, or other charges related to importing the goods into their country under local regulations.

6.7. These charges are not included in the product price or shipping costs and shall be borne in full by the Buyer.

6.8. If the Buyer refuses to pay required import charges or fails to provide necessary cooperation for customs clearance and the shipment is returned to the Seller as a result, the Seller is entitled to deduct demonstrable incurred costs from the refunded amount.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE (COMPLAINTS)

7.1. Rights and obligations regarding defective performance are governed by applicable legal regulations of the Czech Republic (in particular Sections 1914 to 1925, 2099 to 2117 and 2158 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is responsible that the goods:

  • correspond to the agreed description, type, quantity, quality, functionality, and other agreed characteristics;

  • are fit for the purpose for which the Buyer requires them and to which the Seller agreed;

  • are delivered with agreed accessories and instructions for use, including assembly or installation manuals.

7.3. The Buyer acknowledges that the offered products may have the character of handmade products. Due to the nature of craftsmanship and materials used, individual pieces may slightly differ in visual details (such as texture, shade, or small surface irregularities) or may exhibit individual sound characteristics. These characteristics are a natural feature of handmade production and are not considered defects.

7.4. If a defect becomes apparent within one (1) year of receipt, it shall be presumed that the goods were defective upon receipt unless the nature of the goods or defect excludes this. This period does not run for the time during which the Buyer cannot use the goods, provided that the defect was claimed justifiably.

7.5. The Buyer may claim a defect that appears within two (2) years of receipt.

7.6. If the goods are defective, the Buyer may request repair or replacement unless the chosen remedy is impossible or disproportionately expensive compared to the alternative method.

7.7. The Buyer may request a reasonable discount or withdraw from the agreement if:

  • the Seller refuses or fails to remedy the defect within a reasonable time;

  • the defect recurs;

  • the defect constitutes a material breach of the agreement;

  • it is obvious from the Seller's statement or circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.

    The Buyer may not withdraw from the agreement if the defect is insignificant.

7.8. Complaints may be submitted via e-mail to kalista@homabona.cz or by sending/delivering the goods to the Seller’s registered office.

7.9. Upon submission of a complaint, the Seller shall provide the Buyer with written confirmation including the date of complaint, its content, requested method of resolution, and Buyer’s contact details.

7.10. Complaints, including defect removal, must be resolved and the Buyer must be informed no later than thirty (30) days from the date the complaint was submitted, unless a longer period is agreed with the Buyer. After the expiry of this period, the Buyer may withdraw from the contract or demand a reasonable discount.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Buyer acquires ownership of the goods upon full payment of the purchase price and acceptance of the goods.

8.2. The Seller is not bound by any codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code.

8.3. The Czech Trade Inspection Authority (with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs) is competent for out-of-court settlement of consumer disputes.

8.4. The online dispute resolution platform established by the European Commission is available at: http://ec.europa.eu/consumers/odr.

8.5. Supervision over compliance with consumer protection obligations under Act No. 634/1992 Coll. is carried out by the Czech Trade Inspection Authority. Trade licensing inspections are performed by the competent trade licensing authority.

9. PERSONAL DATA PROTECTION

9.1. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 (GDPR) through a separate document titled “Privacy Policy”.

10. COMMERCIAL COMMUNICATIONS AND COOKIES

10.1. Information regarding cookies and commercial communications is regulated in separate documents (Privacy Policy and Cookie Settings) and is subject to the user’s free and active consent via the website interface.

11. DELIVERY OF DOCUMENTS

11.1. Documents may be delivered to the Buyer via the e-mail address specified in the user account or order.

12. FINAL PROVISIONS

12.1. If the relationship established by the Purchase Agreement contains an international element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer's rights resulting from generally binding legal regulations of the country of the consumer’s habitual residence.

12.2. If any provision of these Terms and Conditions is invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

12.3. The Purchase Agreement including these Terms and Conditions is archived electronically by the Seller and is not publicly accessible.

12.4. A sample withdrawal form forms an attachment to these Terms and Conditions.

12.5. Seller’s contact details:

  • Mailing address: HOMA BONA s.r.o., Libonice 57, 508 01 Hořice, Czech Republic

  • E-mail: kalista@homabona.cz

  • Phone: +420 776 631 300

Attachment – Withdrawal Form

Addressee:

HOMA BONA s.r.o.

Libonice 57, 508 01 Hořice, Czech Republic

E-mail: kalista@homabona.cz

I hereby give notice that I withdraw from the Purchase Agreement regarding the following goods:

  • Product name:

  • Order / invoice number:

  • Date of order:

  • Date of receipt (delivery):

  • Name and surname of consumer:

  • Consumer address:

  • E-mail / Phone:

  • Bank account number for refund:

Date:

Consumer’s signature: (only if submitted in paper form)