TERMS AND CONDITIONS OF THE COMPANY HOMA BONA s.r.o.
Managing Director: Hynek Kalista
Address and registered office: Libonice 57, 508 01 Hořice
Company ID: 28817036
VAT ID: CZ28817036
Company registered at the Commercial Court in Hradec Králové, file C 29121
for the sale of goods through the online store located at www.homabona.cz
INTRODUCTORY PROVISIONS 1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company HOMA BONA s.r.o., with its registered office at Libonice 57, 508 01 Hořice, identification number: 28817036, registered at the Commercial Court in Hradec Králové, file C 29121 (hereinafter referred to as "Seller"), govern in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as "Purchase Contract") concluded between the Seller and another individual (hereinafter referred to as "Buyer") via the Seller's online store. The online store is operated by the Seller on the website located at www.homabona.cz (hereinafter referred to as "Website") through the web interface of the store (hereinafter referred to as "Store Web Interface"). 1.2. The Terms and Conditions do not apply in cases where the person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within their business activities or in the course of their independent profession. 1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions. 1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language. 1.5. The wording of the Terms and Conditions may be amended or supplemented by the Seller. This provision does not affect the rights and obligations that have arisen during the validity of the previous version of the Terms and Conditions.
USER ACCOUNT 2.1. Based on the Buyer’s registration performed 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 "User Account"). If the Store Web Interface allows it, the Buyer may also place orders for goods without registration directly from the Store Web Interface. 2.2. When registering on the Website and when 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 upon 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 the confidentiality of information necessary for access to their User Account. 2.4. The Buyer is not entitled to allow third parties to use their User Account. 2.5. The Seller may cancel the User Account, particularly in cases where the Buyer does not use their User Account for more than 1 year, or if the Buyer breaches their obligations from 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 necessary maintenance of the Seller’s hardware and software, or necessary maintenance of the hardware and software of third parties.
CONCLUSION OF THE PURCHASE CONTRACT 3.1. All presentations of goods placed in the Store Web Interface are informative in nature, and the Seller is not obligated to conclude a Purchase Contract regarding this goods. The provision of § 1732 paragraph 2 of the Civil Code shall not apply. 3.2. The Store Web Interface contains information about the goods, including the prices of individual goods and costs for returning the goods if such goods inherently cannot be returned through regular postal channels. Prices of goods are stated including value-added tax and all related charges. The prices of goods remain valid for as long as they are displayed in the Store Web Interface. This provision does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed terms. 3.3. The Store Web Interface also contains information about the costs associated with packaging and delivery of goods. The information on costs associated with packaging and delivery of goods mentioned in the Store Web Interface only applies when the goods are delivered within the territory of the Czech Republic. 3.4. To order goods, the Buyer fills in the order form in the Store Web Interface. The order form contains, in particular, information about: 3.4.1. the ordered goods (the Buyer "adds" the ordered goods to the electronic shopping cart of the Store Web Interface), 3.4.2. the method of payment for the purchase price of the goods, details of the requested delivery method for the ordered goods, and 3.4.3. information about the costs associated with the delivery of goods (hereinafter collectively referred to as "Order"). 3.5. Before sending the Order to the Seller, the Buyer is allowed to check and modify the details provided in the Order, including the possibility for the Buyer to identify and correct errors made when entering data into the Order. The Order is submitted by the Buyer clicking the "Complete Order" button. The details provided in the Order are considered correct by the Seller. The Seller will promptly confirm the receipt of the Order to the Buyer via electronic mail, to the email address provided by the Buyer in the User Account or in the Order (hereinafter referred to as "Buyer's electronic address"). 3.6. The Seller is always entitled, depending on the nature of the Order (the quantity of goods, the amount of the purchase price, the expected costs of delivery) to ask the Buyer for additional confirmation of the Order (for example, in writing or by phone). 3.7. The contractual relationship between the Seller and the Buyer arises upon the delivery of acceptance of the Order (acceptance), which the Seller sends to the Buyer by electronic mail, to the email address of the Buyer. 3.8. The Buyer agrees to the use of 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 for internet connection, telephone call costs) are borne by the Buyer themselves, with these costs not differing from the basic rate. 3.9. The e-shop provides access to the evaluation of goods by other consumers. The authenticity of these reviews is ensured by linking the reviews to specific orders, thus it is not possible to evaluate the goods without making an order. In this way, we can verify and prove that the reviews come from real consumers.
PRICE OF GOODS AND PAYMENT TERMS 4.1. The price of goods and any associated costs for the delivery of goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways: in cash at the Seller's premises at Libonice 57, 508 01 Hořice; in cash on delivery at the location designated by the Buyer in the Order; by bank transfer to the Seller's account (hereinafter referred to as "Seller's account"); by cashless means via a payment system; by card payment; 4.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods 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 does not require a deposit or any similar payment from the Buyer. This does not affect the provision of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of goods in advance. 4.4. In case of cash payment or cash on delivery, the purchase price is due upon receipt of the goods. In case of cashless payment, the purchase price is due within days from the conclusion of the Purchase Contract. 4.5. In case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with indicating the variable payment symbol. In the case of 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 no additional confirmation of the Order by the Buyer occurs (Article 3.6), to require the payment of the entire purchase price before dispatching the goods to the Buyer. The provision of § 2119 paragraph 1 of the Civil Code shall not apply. 4.7. Any discounts from the price of goods provided by the Seller to the Buyer cannot be combined. 4.8. If it is customary in business practice or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document - invoice to the Buyer for payments made based on the Purchase Contract. The Seller is a VAT payer. The Seller will issue a tax document - invoice to the Buyer after the payment of the goods price and send it in electronic form to the Buyer's electronic address. 4.9. According to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, they are obliged to register the received sales with the tax administrator online; in case of a technical failure, then no later than within 48 hours.
WITHDRAWAL FROM THE PURCHASE CONTRACT 5.1. The Buyer acknowledges that according to § 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract under certain circumstances, including the delivery of goods that have been adjusted according to the Buyer's wishes or for their personal use, contracts for the delivery of goods that are perishable, as well as goods that have been irretrievably mixed with other goods after delivery, from the Purchase Contract for the delivery of goods in a sealed package, which the consumer unwrapped and cannot return for hygiene reasons, and from the Purchase Contract for the delivery of audio or video recordings or computer software if they have broken their original packaging. 5.2. Unless it is a case specified in Article 5.1 of the Terms and Conditions or another case where withdrawal from the Purchase Contract is not possible, the Buyer has the right to withdraw from the Purchase Contract in accordance with § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, provided that if the Purchase Contract is for several types of goods or 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 time limit specified in the previous sentence. For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which is an attachment to these Terms and Conditions. The withdrawal from the Purchase Contract can be sent, among other things, to the address of the Seller's premises or the Seller's electronic address. 5.3. In the case of withdrawal from the Purchase Contract as per Article 5.2 of the Terms and Conditions, the Purchase Contract is cancelled from the beginning. The goods must be returned to the Seller by the Buyer 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, they bear the costs associated with the return of the goods to the Seller, even in cases where the goods cannot be returned through ordinary postal channels due to their nature. 5.4. In the case of withdrawal from the Purchase Contract as per Article 5.2 of the Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Contract of the Buyer, and in the same manner as the Seller received from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already when returning the goods by the Buyer or in another way if the Buyer agrees and does not incur additional costs. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that they sent the goods to the Seller. 5.5. The Seller is entitled to unilaterally offset any claims for damages that occur on the goods against the Buyer’s claim for the refund of the purchase price. 5.6. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with § 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods are taken over by the Buyer. In this case, the Seller will return the purchase price to the Buyer without unnecessary delay, cashless to the account designated by the Buyer. 5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutory condition that if the Buyer withdraws from the Purchase Contract, the gift agreement regarding such a gift becomes ineffective and the Buyer is obliged to return the provided gift along with the goods to the Seller.
TRANSPORTATION AND DELIVERY OF GOODS 6.1. If the method of transportation 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 to deliver the goods to a location specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery. 6.3. In case, for reasons on the Buyer's side, the goods must be delivered repeatedly or in another way than specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods or the costs associated with other delivery methods. 6.4. Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to immediately report this to the carrier. If there is evidence of tampering with the packaging indicating unauthorized entry into the shipment, the Buyer is not obliged to accept the shipment from the carrier. 6.5. Any other rights and obligations of the parties in the transportation of goods may be regulated by the Seller’s special delivery terms if issued by the Seller.
RIGHTS FROM DEFECTIVE PERFORMANCE 7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended). 7.2. The Seller is liable to the Buyer that the goods have no defects at the time of receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods: 7.2.1. the goods have the properties that the parties agreed upon, and if there is no agreement, the goods have such properties that the Seller or the manufacturer described or that the Buyer expected regarding the nature of the goods and based on advertising conducted by them, 7.2.2. the goods are suitable for the purpose that the Seller indicates for their use or for which the goods of this type are generally used, 7.2.3. the goods correspond in quality or execution to the agreed sample or model, if the quality or execution is determined by the agreed sample or model, 7.2.4. the goods are of the appropriate quantity, measure, or weight; and 7.2.5. the goods meet the requirements of legal regulations. 7.3. The provisions stated in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which a lower price was agreed, to wear and tear of goods caused by their normal use, to used goods concerning a defect corresponding to the degree of use or wear that the goods had at the time of takeover, or it arises from the nature of the goods. 7.4. If a defect occurs within six months from receipt, it is presumed that the goods were defective already at the time of receipt. The Buyer is entitled to assert the right for the defect that occurs in consumer goods within twenty-four months from receipt. 7.5. Rights from defective performance are claimed by the Buyer at the Seller's premises, where the acceptance of the complaint is possible with regard to the assortment of sold goods, or also at the registered office or place of business. 7.6. Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaint procedure.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES 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 § 1826 paragraph 1 e) of the Civil Code. 8.3. The Seller ensures the handling of consumer complaints via the electronic address kalista@homabona.cz. The Seller will send information regarding the resolution of the Buyer's complaint to the Buyer's electronic address. 8.4. The Czech Trade Inspection is responsible for out-of-court resolution of consumer disputes from the Purchase Contract, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the Seller and the Buyer from the Purchase Contract. 8.5. The European Consumer Centre Czech Republic, with its registered office 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 Council of 21 May 2013 on online dispute resolution for consumer disputes 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 relevant trade office carries out trade control within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection carries out supervision concerning compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, to a defined extent. 8.7. The Buyer hereby assumes the risk of changes in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
PROTECTION OF PERSONAL DATA 9.1. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 on the protection of individuals in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR") relating to the processing of the Buyer's personal data for the purpose of fulfilling the Purchase Contract, for the purpose of negotiating this contract, and for the purpose of fulfilling the Seller's public law obligations through a separate document.
SENDING MARKETING COMMUNICATIONS AND COOKIES STORAGE 10.1. The Buyer consents to the sending of information related to goods, services, or the Seller's business to the Buyer's electronic address and further agrees to the sending of marketing communications by the Seller to the Buyer's electronic address. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of the GDPR relating to the processing of the Buyer's personal data for the purpose of sending marketing communications through a separate document. 10.2. The Buyer agrees to the storage of so-called cookies on their computer. If the purchase on the website can be made and the Seller's obligations from the Purchase Contract can be fulfilled without the need to store so-called cookies on the Buyer's computer, the Buyer can withdraw their consent as stated in the previous sentence at any time.
DELIVERY 11.1. Delivery to the Buyer may be made to the Buyer's electronic address. 11.2. An announcement whose receipt was rejected by the addressee, which was not picked up within the storage period, or which was returned as undeliverable, is also considered delivered. 11.3. The contracting parties may mutually deliver ordinary correspondence via electronic mail, to the email address specified in the Buyer's User Account or indicated by the Buyer in the Order, or to the address specified on the Seller's Website.
FINAL PROVISIONS 12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law according to the previous sentence does not deprive the Buyer, who is a consumer, of the protection provided to them by the 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 Article 6 paragraph 1 of Regulation (EC) No. 593/2008 of the European Parliament and Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). 12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, instead of the invalid provision, a provision that most closely approximates the intent of the invalid provision shall apply. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. 12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible. 12.4. The annex of the Terms and Conditions consists of a sample form for withdrawal from the Purchase Contract. 12.5. Contact details of the Seller: delivery address Libonice 57, 508 01 Hořice, electronic address kalista@homabona.cz, phone 776631300
In Hořice on 25.6.2025