TERMS AND CONDITIONS
of HOMA BONA s.r.o.
Seller:
HOMA BONA s.r.o., Libonice 57, 508 01 Hořice, Czech Republic
Company ID (IČ): 28817036, VAT ID (DIČ): CZ28817036
registered in the Commercial Register kept 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 (the “Terms and Conditions”) of HOMA BONA s.r.o. govern the mutual rights and obligations of the parties arising from or in connection with the purchase contract (the “Purchase Contract”) concluded between the Seller and the consumer via the Seller’s online store at www.homabona.cz.
1.2. These Terms and Conditions do not apply to legal entities or persons acting within the scope of their business or professional activities.
1.3. Any provisions different from these Terms and Conditions may be agreed in the Purchase Contract. Such provisions shall prevail over the Terms and Conditions.
1.4. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language.
1.5. The Seller may amend or supplement the Terms and Conditions; such changes do not affect rights and obligations arising earlier.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration, the Buyer may access their user interface (user account). Orders can be placed from this account or, if the web interface allows, without registration.
2.2. The Buyer must provide accurate and truthful data and keep it up to date.
2.3. Access is protected by a username and password; the Buyer must keep credentials confidential.
2.4. The Buyer shall not allow third parties to use the user account.
2.5. The Seller may cancel the account, especially if unused for more than one year or in case of the Buyer’s breach of obligations.
2.6. The Seller does not guarantee continuous availability of the user account (system maintenance may be required).
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of goods on the website is for information purposes only and does not constitute an offer to conclude a contract within the meaning of Section 1732(2) of the Civil Code.
3.2. The web interface includes information about goods and prices (including VAT and all related charges). Prices remain valid as long as displayed.
3.3. The web interface also provides information about packaging and delivery costs. These costs apply to deliveries within the Czech Republic and EU member states unless stated otherwise. For deliveries outside the European Union, the listed costs do not include possible customs duties, import taxes, tariffs or other charges related to importing goods into the destination country; such charges are borne by the Buyer.
3.4. To order goods, the Buyer completes the order form including: (i) goods ordered, (ii) payment and delivery method, (iii) delivery costs.
3.5. Before submitting the order, the Buyer can check and correct data. By clicking “Complete Order,” the Buyer submits a binding order. The Seller will confirm receipt by e-mail.
3.6. Depending on the order’s nature, the Seller may request additional confirmation (e.g., by phone).
3.7. The Purchase Contract is concluded upon delivery of the Seller’s order confirmation to the Buyer.
3.8. The Buyer bears their own costs of remote communication (internet, phone).
3.9. Product reviews are possible only for customers who have placed an order; this ensures authenticity of reviews.
4. PRICE AND PAYMENT TERMS
4.1. The Buyer may pay the price as follows: (i) cash at the Seller’s premises, (ii) cash on delivery, (iii) bank transfer, (iv) via Stripe, PayPal or GoPay, (v) by payment card.
4.2. Along with the purchase price, the Buyer must also pay packaging and delivery costs.
4.3. The Seller does not require advance payment, except as per Art. 4.6.
4.4. For bank transfers, the price is due within 7 days of concluding the Purchase Contract.
4.5. The Buyer must state the correct payment reference; payment is fulfilled upon crediting the amount to the Seller’s account.
4.6. The Seller may require full payment before dispatch.
4.7. Discounts cannot be combined.
4.8. The Seller issues a tax document – invoice. The Seller is a VAT payer.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges exceptions under Section 1837 of the Civil Code (in particular goods customized to the Buyer’s specifications, perishable goods, sealed goods unfit for return for hygienic reasons once unsealed, audio/video/software media after unsealing).
5.2. Unless an exception applies, the Buyer has the right to withdraw within 14 days of receipt of the goods; for multiple items or parts, from receipt of the last delivery. The Buyer may use the sample withdrawal form attached to these Terms and Conditions.
5.3. Upon withdrawal, the contract is cancelled from the beginning. The Buyer must return the goods within 14 days of sending the withdrawal. The Buyer bears return costs, including cases where the goods cannot be returned by ordinary post.
5.4. The Seller refunds payments within 14 days of withdrawal, using the same method as received. The Seller also refunds delivery costs, but only up to the amount corresponding to the cheapest offered delivery method. Additional costs arising from a more expensive delivery option chosen by the Buyer are borne by the Buyer. The Seller is not obliged to refund before the Buyer proves the goods have been dispatched back.
5.5. The Seller may offset compensation for damage to the returned goods against the Buyer’s claim for a refund.
5.6. The Seller may withdraw from the contract until the goods are received by the Buyer; in such a case the Seller refunds the purchase price without undue delay.
5.7. If a gift is provided with the goods, the gift agreement is subject to a termination condition: if the Buyer withdraws from the contract, the gift must be returned together with the goods.
6. DELIVERY AND SHIPPING
6.1. If the delivery method is arranged at the Buyer’s special request, the Buyer bears the risks and any additional costs associated therewith.
6.2. If the Seller is obliged to deliver goods to the place specified by the Buyer, the Buyer must accept the goods upon delivery.
6.3. If repeated or alternative delivery is required for reasons on the Buyer’s side, the Buyer shall bear the related costs.
6.4. Upon receipt from the carrier, the Buyer must check the integrity of the packaging and immediately report any defects; in case of evident tampering, the Buyer may refuse the parcel.
6.5. Additional rights and obligations regarding delivery may be specified in the Seller’s special delivery terms.
6.6. For deliveries outside the European Union, the Buyer acknowledges that customs duties, import taxes, tariffs or other charges may apply. These are not included in the product or shipping price and must be paid by the Buyer directly to the relevant authorities or carrier upon delivery.
6.7. The exact amount of such charges depends on the regulations of the destination country and cannot be determined or influenced by the Seller. The Buyer is responsible for checking applicable import conditions and potential costs in advance.
6.8. If the Buyer refuses to pay required duties or charges, the shipment may be returned to the Seller. In such a case, the Seller is entitled to deduct related costs (especially shipping and return handling fees) from any refund due to the Buyer.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the parties regarding defective performance are governed by applicable laws, in particular Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.
7.2. The Seller guarantees that the goods are free from defects upon receipt. In particular, at the time of delivery: (i) the goods have the properties agreed upon or usually expected, (ii) the goods are fit for the purpose stated by the Seller or for the usual purpose, (iii) the goods correspond in quality or design to an agreed sample or model, if applicable, (iv) the goods are delivered in the agreed quantity, measure, or weight, and (v) the goods comply with legal requirements.
7.3. Article 7.2 does not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, or to used goods corresponding to the level of use and wear existing at the time of receipt, or where it follows from the nature of the goods.
7.4. If a defect appears within six months of receipt, it is presumed that the goods were defective at the time of receipt. The Buyer is entitled to claim defects in consumer goods within twenty-four months of receipt.
7.5. The Buyer asserts rights from defective performance at the Seller’s premises or registered office, or at a place where acceptance of claims is possible regarding the type of goods sold.
7.6. Further details may be governed by the Seller’s Complaints Procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. Ownership of the goods passes to the Buyer upon full payment of the purchase price.
8.2. The Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. Consumer complaints are handled by the Seller via the e-mail address kalista@homabona.cz. The Seller will inform the Buyer about the complaint’s resolution by e-mail.
8.4. The Czech Trade Inspection Authority (Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, https://adr.coi.cz/cs) is competent for out-of-court consumer dispute resolution. The EU online dispute resolution platform is available at http://ec.europa.eu/consumers/odr.
8.5. The European Consumer Centre Czech Republic (Štěpánská 567/15, 120 00 Prague 2, http://www.evropskyspotrebitel.cz) is the contact point under Regulation (EU) No. 524/2013.
8.6. The Seller is authorized to sell goods under a trade license. Trade licensing control is carried out by the competent Trade Licensing Office. Supervision over the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with consumer protection regulations.
8.7. The Buyer assumes the risk of a change of circumstances under Section 1765(2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. Information on personal data processing is provided in a separate document “Privacy Policy,” available on the Seller’s website.
10. COMMERCIAL COMMUNICATIONS AND COOKIES
10.1. The Buyer agrees to receive information and commercial communications related to the Seller’s goods or business via e-mail.
10.2. The Buyer agrees to cookies being stored on their device. This consent may be revoked at any time.
11. DELIVERY OF NOTICES
11.1. Notices to the Buyer may be delivered to the e-mail address provided in the order.
11.2. A notice is deemed delivered even if the Buyer refuses to accept it, fails to collect it within the storage period, or it is returned undeliverable.
11.3. Routine communication may take place via e-mail.
12. FINAL PROVISIONS
12.1. If the contractual relationship involves an international element, Czech law shall apply. However, this choice of law does not deprive the Buyer, who is a consumer, of the protection afforded by mandatory provisions of the law of their country of habitual residence, if such provisions provide higher protection.
12.2. If any provision of these Terms and Conditions is invalid or ineffective, the remaining provisions remain valid.
12.3. The Purchase Contract, including these Terms and Conditions, is archived electronically by the Seller and is not accessible.
12.4. A sample withdrawal form forms an appendix to these Terms and Conditions.
12.5. Contact details: HOMA BONA s.r.o., Libonice 57, 508 01 Hořice, Czech Republic. E-mail: kalista@homabona.cz, Phone: +420 776 631 300.
Appendix – Sample 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 contract for the following goods/service:
• Product/Service name:
• Order / Invoice number:
• Date of order:
• Date of receipt:
• Consumer’s name:
• Consumer’s address:
• E-mail / Phone:
• Refund method (bank account number):
Date:
Signature (only if this form is sent on paper):