General Terms and Conditions
I. Basic establishment
These GTC regulate the relations between the parties to the purchase contract / license agreement, where the company is on the one hand as the seller and the other one is the buyer.
The seller is Bizon-stany, s. r. o., Dukelských hrdinů 44, 411 55 Terezín, Czech Republic, ID: 052 25 761, VAT registration: CZ05225761 (VAT registred), Company house register kept by the County Court in Ústí nad Labem, Section C, Insert 37784
The buyer is a consumer or an entrepreneur.
The consumer is each individual, who apart from their business activities or apart from their profession, concludes a contract (order) or deal with it
The entrepreneur is one who independently carries out a gainful activity on his own account and responsibility in a trade or similar manner with the intention to do so consistently in order to make a profit. For the purposes of consumer protection, any person who concludes contracts related to his / her own business, production or similar activity or in the independent exercise of his / her profession, or a person acting on behalf of or on behalf of the entrepreneur, is considered to be an entrepreneur.
II. The Contract
The Purchase Agreement is established when the Buyer sends the order. Before the Buyer confirms the order, they have the right to change both the required performance, transport and payment method, also to check all the data entered in the order. We are not responsible for any data transmission errors.
With the purchase contract, we are committed to hand over the cause that is the subject of the purchase to the Buyer and allow it to acquire ownership and the Buyer committed to take over the cause/subject and pay the purchase price.
The contract is concluded in Czech language. It is also available in German and English language. If a translation of the text of the contract arises for the buyer's need, the interpretation of the contract in the Czech language applies in the event of a dispute over the interpretation of terms in other languages.
Relations and any disputes arising under the contract will be settled exclusively under the law of the Czech Republic and will be settled by the competent courts of the Czech Republic.
III. Contract conclusion procedure
When ordering, the buyer fills in their details, indicating whether they are shopping as a consumer (fill in name, surname, address, telephone and e-mail) or as an entrepreneur (fill in the company name, address, company ID, VAT number). The Buyer is obliged to provide all information correctly and truthfully. The information given by the buyer is considered correct by the seller.
Než kupující závazně potvrdí objednávku, má právo zkontrolovat a změnit veškeré údaje uvedené v objednávce za účelem zjištění a opravy chyb vzniklých při zadávání objednávky.
The Buyer has the right to review and change all the data stated in the Order, in order to identify and correct errors arising during the order placement before the Buyer confirms the order.
IV. The Order
- in writing or by e-mail
- in person after the agreed date in our premises in Terezín.
- orders are only confirmed if they have been confirmed by us on the basis of an invoice (no quotation or bill).
- We will respond to your order or inquiry within 3 working days. If we do not do so, please contact us.
V. Offers and prices
- Our offers are non-binding.
- unless other prices are agreed with us in writing, the current prices are valid on the day of the order
- our prices may vary. All prices are with and without VAT.
- The price does not include transport of goods, assembly of purchased goods, decorations, etc; Prices for these services are charged separately.
VI. Payment terms
The Buyer is obliged to pay the Seller the purchase price properly and on time. The goods will be handed over to the Buyer only after full payment of the purchase price, unless the Seller and the Buyer agree otherwise in advance and bindingly.
The buyer is obliged to pay the purchase price, either
- a) Upon conclusion of the purchase contract at the seller's cash desk, or
- b) By bank transfer to the account specified by the seller.
The goods remain our property until full payment is made. Prior to the transfer of the ownership, no lien, transfer, processing or transformation is permitted without our consent.
Customer's arrears or late payments entitle us, without prejudice to other legal means, to charge the consumer (buyer) an interest of 8% on the balance for each day of delay in the delivery of the goods or to defer the fulfillment of our own obligations until the balance is settled.
If the goods are made to order, the buyer shall pay a deposit (stage 1) of 60% of the purchase price, including VAT or without VAT, on the basis of the purchase contract, according to the invoice, unless otherwise agreed upon conclusion of the purchase contract. The buyer is obliged to pay the remaining part of the purchase price before acceptance of the goods, or unless both parties agree otherwise in advance and bindingly. If the buyer fails to pay the purchase price in time or at all or otherwise prevents delivery of the goods, he is obliged to pay the seller a contractual penalty corresponding to 60% of the purchase price. The Buyer declares that it considers the agreed contractual penalty to be reasonable.
VII. The Terms of delivery
We provide or mediate the following delivery methods:
- we use or other carrier TOPTRANS, DHL, SCHENKER
- Own transport is possible
- bulky goods by agreement
- postage and packing are at the customer's expense
The length of delivery of the ordered goods and the price for the transport/delivery depends on the weight, place of delivery and on the option of transport chosen by the Buyer.
Individual options of transport are offered according to the current availability of each service and with regard to capacity and range. In unexpected circumstances not caused by us resulting in delay, the carrier is not responsible for delayed delivery of goods.
All available ways of transport, their current conditions and prices can be found on the website HERE.
VIII. Reservation of the ownership
The ownership of the goods shall pass to the Buyer only upon full payment of the purchase price and fulfillment of all the Buyer's financial obligations to the Seller, including obligations under other contracts concluded between the Buyer and the Seller. Non-cash payments are only considered to be met by crediting the amount to the Seller's account with proper payment identification so that the payment can be correctly identified.
- the reason for the arrears of the goods is not the commencement of its complaint. The buyer is obliged to take over the goods in accordance with the purchase contract.
- if the balance is not paid within 30 days from the handover of the goods, the goods will be forfeited to BIZON-STANY including other expenses already paid for the ordered goods.
We constantly improve our products, and therefore we reserve the right to make design and construction changes in relation to the information provided in our offers, unless this affects the value of the products offered.
This also applies to changes that serve to maintain the supply of goods we offer.
In this respect, we are also entitled to make changes to the Services to the extent that they are reasonable for the Buyer to make the best possible order.
X. Privacy / Data protection act
Your personal information, if necessary for the establishment, content or change of the contractual relationship (inventory data), is used solely for the fullfilment of the contract. For example, in order to deliver goods, your name and address must be forwarded to the delivery service provider.
Your personal data will not be transferred to third parties outside the contract without your explicit consent or legal requirement. Once the contract is complete, your data will be blocked for further use. Upon expiration of tax and commercial laws, this information will be deleted unless you explicitly agree to use it further.
XI. Order cancellation / Withdrawal
1. Withdrawal from the contract by the consumer
All our tents are made to order. Cancellation of an already paid order / deposit for tents that are manufactured according to specific customer requirements, which we do not normally offer, or are non-standard requirements, is excluded.
Withdrawal from the contract relating to tents with standard specification is possible within 14 days from the conclusion of the contract, ie from the date of the confirmation of the order by the Seller based on the issued invoice.
If, after this period, we agree to cancel the order/withdraw from the contract (for any reason) or agree to return the goods of our own good will and under the appropriate conditions, we shall be entitled to keep a prepayment. That means if the transport have already been paid, the seller is entitled to their payment immediately.
Accessories and things that are not made to order or specific order. These are goods such as rugs, blankets, pillows, dream catchers and so on.
If the consumer withdraws from the contract, the seller shall return all funds without any delay, at the latest 14 days after the withdrawal. If the seller has incurred any costs associated with the return (shipping), this amount will be deducted from the refund.
The goods must be undamaged, clean and, if possible, including the original packaging, in the condition and value in which the goods were received.
The buyer is not entitled to withdraw from the purchase contract if the value of the purchased goods exceeds CZK 50,000 incl. VAT.
The buyer cannot withdraw from the contract or demand delivery of a new thing (goods) if he cannot return the thing (goods) in the state in which it was received. This does not apply,
- if the condition has changed as a result of an inspection to determine the damage;
- if the Buyer used the item before the defect/damage was discovered;
- if the Buyer has not caused the impossibility of returning the item in an unaltered state by action or omission; or
- if the Buyer sold the item before the fault was discovered, consumed it, or changed the item in normal use; if this is only partially done, the Buyer will return what he can return and refund the amount to which he benefited from the use of the thing/goods.
- if the Buyer fails to report the fault in time, the right to withdraw from the contract shall be lost.
2.Withdrawal from the contract by the seller
The Seller is entitled to withdraw from the contract mainly because of the current unavailability of ordered goods or when the Buyer fails to pay the price of the goods. The seller is obliged to immediately inform the buyer about the withdrawal and try to mutually find a possible solution. The Seller reserves the right to limit the number of pieces of the same product sold to one person.
The Seller is entitled to withdraw from the contract concluded with the Buyer also in the case of an obvious error in the price of the goods (which means especially the situation when the price of the ordered goods is more than 30% lower than usual for this type of goods) and other types of writing mistakes. In the event that this happens, the Seller shall immediately contact the Buyer to agree on further action. In the event that the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address as soon as possible.
XII. Warranty and term sof warranty
The warranty conditions for the goods are governed by our Complaints Procedure and the relevant Czech legislation. (see Complaints Procedure for details).
XIII. Final Provisions
Relationships and any disputes arising from the contract shall be settled exclusively under the law of the Czech Republic and shall be settled by the competent courts of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 thereof.
Any disputes between the Seller and the Buyer may also be settled out of court. In such a case, the Buyer - Consumer may contact the out-of-court dispute resolution entity, such as the Czech Trade Inspection Authority or resolve the dispute on-line through the ODR platform designated for this purpose. More information about extrajudicial dispute resolution can be found here. Before proceeding to the out-of-court settlement of the dispute, the Seller recommends the Buyer to use the Seller's contact first to resolve the situation.
If a translation of the text of the contract arises for the buyer's need, the interpretation of the contract in the Czech language applies in the event of a dispute over the interpretation of terms.
These General terms and conditions are valid from 1st August 2019