Operating from premises at: Městečko 75, 25722 Čerčany, Czech Republic
Registered Office: Lazarská 5/1719, 11000 Prague, Czech Republic
Company No. (IČ): 25618601, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 55269, for the sale of goods to consumers through an online store located at the Internet address https://en.bushman.eu/
1. INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as "The Business Terms and Conditions") of the commercial company Bushman s.r.o. (hereinafter referred to as "Bushman") established at: Městečko 75, 25722 Čerčany, Czech Republic, identification number: 25618601, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 55269 binding to the same extent as the rights and obligations for its franchising partners declare as partners cooperating with Bushman as seller (hereinafter referred to as the "Seller") on the basis of the franchise agreement will, within the scope of its customary activities – the retail sale of "Bushman" clothing complying to the same extent as all the rights and obligations arising from the business conditions entered into by Bushman s.r.o. as the Seller as part of retail sales through its bricks-and-mortar stores and the Seller’s e-shop with the buyer and undertakes to comply with applicable laws to the best of its knowledge in all dealings with any buyer.
Bushman s.r.o. and his franchising partners govern the mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and any other natural person or legal entity (hereinafter referred to as the "Buyer") via the seller's online store. The internet shop is operated by the Seller at the internet address https://en.bushman.eu/, via a web interface (hereinafter referred to as the "web interface of the shop").
1.2. The Business Terms and Conditions further regulate the rights and obligations of the contracting parties when using the seller's website located at https://en.bushman.eu/ (hereinafter referred to as the "Website") when concluding so-called consumer contracts and the obligations arising from them in accordance with § 1810 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”). The Business Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller acts in the course of his business - these business cases are subject to the general legislation for purchase contracts.
1.3. Any provisions deviating from The Business Terms and Conditions can be agreed in a specific purchase contract. Deviating provisions in a purchase contract take precedence over the provisions of The Business Terms and Conditions.
1.4. The provisions of The Business Terms and Conditions are an integral part of any purchase contract. A purchase contract and The Business Terms and Conditions are drawn up in the English language. A purchase contract can be concluded in the English language.
1.5. The wording of The Business Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of The Business Terms and Conditions.
2. USER ACCOUNTS
2.1. Based on a Buyer's registration made on the website, a Buyer can access its user interface. From its user interface, the Buyer can order goods (hereinafter the "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the Buyer in the user account and when ordering goods are 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 the information necessary to access his or her user account and to take caution regarding the storage of this information, noting that the Seller is not liable for any breach of these obligations by the Buyer.
2.4. The Buyer is not entitled to allow the use of his or her user account by third parties.
2.5. The Seller may cancel a user account, especially if the Buyer does not use his or her user account for more than 12 months, or if the Buyer violates his or her obligations under the purchase agreement (including The Business Terms and Conditions).
2.6. The Buyer acknowledges that a user account may not be available around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or the necessary maintenance of third party hardware and software.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. The web interface of the store contains a list of goods offered by the Seller for sale, including the prices of the individual goods offered, as well as information on the properties of the goods, their use, their maintenance and any hazards resulting from their improper use or maintenance, if such facts are not obvious or generally known. The prices of the offered goods are listed including value added tax and all related fees, excluding any statutory fees. The offer for the sale of goods and the prices of these goods remain valid as long as they are displayed on the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions. All offers for the sale of goods placed on the web interface of the store are non-binding and the Seller is not obliged to enter into a purchase agreement regarding these goods, especially in the event of depletion of stocks.
3.2. The web interface of the store also contains information on the costs associated with the packaging and delivery of the goods. The information on costs associated with the packaging and delivery of goods listed on the web interface of the store is valid only in cases where the goods are delivered within the territory of the following countries: Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Croatia, Ireland, Italy, Cyprus, Lichtenstein, Lithuania, Latvia, Luxembourg, Hungary, Malta, Germany, Netherlands, Norway, Poland, Portugal, Austria, Romania, Greece, Slovakia, Slovenia, Spain, Sweden, Switzerland, Great Britain.
3.3. To order goods, the Buyer fills in the order form in the web interface of the store. The order form contains in particular information about: the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store), the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and information on possible discounts, information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order"), identification of the seller.
3.4. Before sending the Order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered in the Order, even with regard to the Buyer's ability to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking on the "complete order" button. The data listed in the Order are thus deemed correct by the Seller. Immediately after receiving the Order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user interface or in the Order (hereinafter referred to as the "Buyer's E-mail Address").
3.5. Depending on the nature of the Order (eg quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).
3.6. The contractual relationship between the Seller and the Buyer arises from the delivery of the Order, which is sent by the Buyer to the Seller. If the Buyer places an order at a Bushman store operated by a franchisee, a contractual relationship arises between the Buyer and the franchisee as the Seller.
3.7. The Buyer acknowledges that the Seller is entitled to withdraw from the purchase contract if he receives an Order from the Buyer, who in any of the previous obligations with the Seller has breached any of its obligations in a material way.
3.8. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer in the use of such distance communication means in connection with the conclusion of the purchase contract (eg the costs of internet connection, the costs of telephone calls) shall be borne by the Buyer him or herself.
4. THE PRICE OF GOODS AND PAYMENT TERMS
4.1. For the price of the goods and any costs associated with the delivery of the goods under the purchase agreement, the Buyer may pay the Seller in the following ways:
- by cashless bank transfer
- via PayPal account of the Buyer
- or payment card through the secure payment gateway GO PAY to the account of Bushman, operator of the e-hop https://en.bushman.eu/;
4.2. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods at the agreed amount, according to the Order. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. In the case of non-cash payments, the Buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. Further in the case of non-cash payments, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
4.4. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the Order (Article 3.5.), to demand payment of the full purchase price before sending the goods to the Buyer.
4.5. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined or added together.
4.6. If this is customary in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer regarding payments made on the basis of the purchase contract. The Seller is a payer of value added tax. Such tax document - the invoice - will be issued by the Seller to the Buyer after the payment of the price of the goods and will be sent to the Buyer by e-mail.
4.7. The prices of the e-shop are determined separately and do not have to copy the prices in the retail network.
5. WITHDRAWAL FROM A PURCHASE AGREEMENT
5.1. The Buyer acknowledges that according to the provisions of § 1837 of Act No. 89/2012 Coll., The Civil Code, he or she may not withdraw from the purchase contract in the cases listed here, especially in the case of delivery of goods that have been modified according to the Buyer's wishes for his or her person, furthermore, in the case of the delivery of perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery, deliveries of goods in a closed package which the buyer has removed from the packaging and cannot be returned for hygienic reasons; in the case of deliveries of audio or video recordings, or computer programmes, if they have disturbed or damaged their original packaging; or in the case of the supply of newspapers, periodicals, or magazines.
5.2. If it is not a case referred to in Article 5.1., or another case where it is not possible to withdraw from the purchase contract, the Buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829, paragraph 1 of the Civil Code, within fourteen (14) calendar days from receipt of goods. The period for withdrawal from the purchase contract is considered to be observed if the Buyer sends a notice to the Seller within the time that he is withdrawing from the contract. Withdrawal from the purchase contract may be sent by the Buyer to the address of the Seller's office or to the Seller's e-mail address (see Article 11.3.), on the form which is sent to the Buyer together with the goods.
5.3. If the Buyer withdraws from the purchase contract, he or she shall send or hand over to the Seller, without undue delay, no later than 14 days after the withdrawal from the contract, the goods he received from him, including all associated parts and accessories.
5.4. Within fourteen (14) working days from the return of the goods by the Buyer according to Article 5.3. the Seller is entitled to inspect the returned goods, in particular in order to determine whether the returned goods are not damaged, worn or partially consumed.
5.5. If the Buyer withdraws from the purchase contract, he or she shall send or hand over to the Seller without undue delay, no later than 14 days after the withdrawal from the purchase contract, the goods received from him or her. In such a case, the Buyer bears the cost of returning the goods in question to the Seller.
If the Buyer withdraws from the purchase contract, the Seller will return to him or her without undue delay, no later than 14 days after withdrawal from the purchase contract, all funds, including the cost of delivery of the goods received from him under the purchase contract, in the same way. The Seller will return the money received from the Buyer in another way only if the Buyer has agreed and if he does not incur additional costs. The Buyer is liable to the Seller only for any reduction in the value of the goods in question, which have arisen as a result of handling these goods differently than is necessary to handle them with regard to their nature and properties.
If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received from the Buyer before the Buyer hands over the goods or proves that he or she has sent the goods to the Seller.
5.6. The exchange of goods for another size is possible within 14 days of delivery in the following manner: ‘If you want to change the size of the clothes you ordered, send the goods back to the address Bushman s.r.o. Městečko 75, 257 22 Čerčany, CZ, which will arrange forwarding to the address of Bushman s.r.o. for assessment. On the form that you had attached to the goods, please state the goods you want to exchange and also the new goods, respectively new size. We process exchanges no later than 14 days from their receipt. Exchange can be applied within 14 days of receipt of the goods of the original order (according to carrier's tracking system). The goods must be UNDAMAGED, UNWORN and complete.’ In this case, the Buyer pays the postage; the exchanged goods are sent by the Seller during the first exchange without postage, in subsequent exchanges the Buyer pays the postage according to the current price of carriage. Goods sent for exchange after this period will not be taken into account by the Seller and the goods will be sent back to the Buyer at his or her expense.
5.7. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller has a claim against the Buyer for a reduction in the value of the goods. The Seller is entitled to unilaterally set off the receivable for impairment of goods against the Buyer's right to a refund of the purchase price.
5.8. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the certain and implied condition that if the Buyer withdraws from the purchase contract, even partially *, the gift contract for such a gift loses its effect and the Buyer is obliged to return the gift provided with the goods to the Seller.
5.9. If the Buyer purchases goods in a sale or as a special offer, eg 2 + 1 or with an additional discount, and then exercises the right to withdraw from the purchase contract, even in part, he or she acknowledges that the Seller is entitled to unilaterally reduce the Buyer's claim to that of the Seller.
5.10. If a defect in an item becomes apparent within six months of receipt, that item is deemed to have been defective at the time of receipt.
* If the buyer receives a gift for a purchase of over CZK 1,000, for example, and withdraws from the purchase contract, even in part, and the condition for providing the gift is not met, he is obliged to return the gift.
6. CARRIAGE AND DELIVERY OF GOODS
6.1. The method of delivery of goods is determined by the Buyer according to the order. If the method of delivery chosen by the Buyer is not possible, the Seller is entitled to deliver the goods to the Buyer by an alternative method, at a price corresponding to the costs associated with the delivery of goods as agreed by the Buyer in the Order, unless otherwise agreed.
6.2. If, according to the purchase contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, where the Buyer is obliged to take over the goods upon delivery. If the Buyer does not take over the goods upon delivery, the Seller is entitled to demand a storage fee of CZK 200 (in words: two hundred Czech Crowns) and the Seller is also entitled to withdraw from the purchase contract.
6.3. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods.
6.4. Upon receipt of 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 notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier. By signing the delivery note, the Buyer confirms that the packaging of the consignment containing the goods has not been damaged.
6.5. In the case of the Buyer's request, applied within 14 calendar days of purchase (eg inappropriate size, colour, etc.), the Seller is entitled to replace unused and undamaged goods and, if possible, in the original packaging, by prior agreement with the Buyer. The Buyer sends those goods to the Seller's address, including a copy of the tax document. If the goods are without obvious signs of wear or damage, the Seller will send the buyer the newly required size or color.
6.6. Other rights and obligations of the parties in the carriage of goods may be governed by the special delivery conditions of the Seller, if issued by the Seller.
7. DEFECT LIABILITY, WARRANTY
7.1. The rights and obligations of the contracting parties regarding the Seller's liability for defects, including the Seller's warranty liability, are governed by the relevant generally binding regulations (especially the provisions of § 2158 et seq. of the Civil Code).
7.2. In the event that an item(s) has defects when taken over by the Buyer, in the sense of the provisions of § 2161 paragraph 1 of the Civil Code, the Seller is responsible, under the conditions set out in the complaint procedure, which is part of The Business Terms and Conditions. If the defect becomes apparent within six (6) months from the takeover, it is considered that the item(s) was defective already at the takeover in the sense of the provisions of § 2161 paragraph 2 of the Civil Code No. 89/2012 Coll. The Buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt, except in cases of defect for which a lower price was agreed for the goods, as well as a defect consisting in wear and tear of the goods: normal use, a defect in second-hand goods consisting in a corresponding degree of use or wear and tear which the goods had at the time of their acceptance by the buyer and if this follows from the nature of the goods.
The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over item(s) that the item(s) has a defect, or if the Buyer caused the defect himself.
7.3. The Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty liability, are exercised by the Buyer at the Seller's address at the Bushman Administrative Complex, Bushman s.r.o., Městečko 75, 257 22 Čerčany, Czech Republic.
7.4. If the Buyer has concluded a purchase contract at a Bushman store operated by a franchisee, he or she is obliged to accept the defective product from the Buyer at the store as a Seller, as well as to accept the goods as part of the goods claim, including warranty liability.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the purchased goods by taking them over by delivery to the Buyer's address or taking them over at a store. Upon receipt of the goods, the risk of damage to the goods also passes to the Buyer.
8.2. The Buyer acknowledges that the software and other components that make up the web interface of the store (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him, her or third parties to interfere with the web interface or misuse the software or other components forming the web interface of the store. All photos displayed in the online store are for illustrative purposes only. The color of photos and images may be slightly distorted, especially depending on the colour settings of the Buyer's monitor.
8.3. The Buyer is not entitled to use any mechanisms, software or other procedures when using the web interface of the store which could have a negative effect on the operation of the web interface of the store. The web interface of the store can be used only to the extent that is not to the detriment of the rights of other customers of the Seller and which is in accordance with its purpose.
8.4. The buyer acknowledges that the Seller is not responsible for errors caused by third party interventions in the website or as a result of using the website contrary to its purpose.
8.5. The Buyer has the right to an out-of-court settlement of consumer disputes. For the out-of-court settlement of disputes, the Buyer can turn to the Czech Trade Inspection Authority (www.coi.cz).
9. PROTECTION OF PERSONAL DATA AND THE SENDING OF COMMERCIAL MESSAGES
9.1. The protection of the personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended and in accordance with Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation).
9.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, personal identification number, tax identification number, e-mail address, telephone number, age and gender (hereinafter collectively referred to as the "personal data").
9.3. The Buyer agrees to the processing of personal data by the Seller, for the purposes of exercising the rights and obligations under the purchase agreement, for the purposes of maintaining a user account and for the purpose of sending information and business messages to the buyer.
9.4. The Buyer acknowledges that he or she is obliged to state his or her personal data (during registration, in his or her user account, when ordering from the web interface of the store) correctly and truthfully and that he or her is obliged to inform the Seller without undue delay of any change in his personal data.
9.5. The Seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the Buyer.
9.6. Personal data may be processed indefinitely. Personal data may be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that personal data provided is accurate and that he or she was informed that this is a voluntary provision of personal data.
9.8. In the event that the Buyer believes that the Seller or processor (Article 9.5) performs the processing of his or her personal data contrary to the protection of the private and personal life of the Buyer or contrary to Law, especially if such personal data are inaccurate with respect to for the purpose of their processing, may:
1. ask the Seller or processor for an explanation,
2. require the Seller or processor to remedy the situation thus created. In particular, it may be a matter of blocking, correcting, supplementing or disposing of the personal data. If the Buyer's request, according to the previous sentence, is found to be justified, the Seller or processor shall immediately remove the defective material. If the Seller or processor does not comply with the request, the Buyer has the right to contact the Czech Office for Personal Data Protection directly. This provision does not affect the right of the buyer to contact the Office for Personal Data Protection directly with his or her complaint.
9.9. If the Buyer requests information about the processing of his or her personal data, the Seller is obliged to provide this information. The Seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of such information.
9.10. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.
10.1. Unless otherwise agreed, all correspondence related to the purchase agreement must be delivered to the other party in writing, by electronic mail, in person or by postal service (as selected by the sender). It is to be delivered to the Buyer to the e-mail address specified in his or her user account.
11. COMPLAINTS PROCEDURE
This Complaints Procedure regulates complaints about goods purchased by consumers in the bushmanshop.com online store and was prepared in accordance with Act No. 89/2012 Coll., The Civil Code, as amended, and Act and Act No. 634/1992 Coll., on Consumer Protection, as amended.
11.1. The Buyer's right to make a claim of defective goods: if a defect occurs in the purchased goods, the Buyer has the right to complain about this defect, namely to the Seller, which are the companies and individual: Bushman s.r.o., IČ: 25618601, at the address: Bushman.cz, Městečko 75, 257 22 Čerčany; ASCORIA, IČ: 2542261, with its registered office at Hlavenec 140, postal code: 294 74; and Ing. Zdeněk Filip, IČ: 633 68 935, with his registered office at Jiráskova 251/51, postal code 602 00 Brno - město.
The Buyer must file a complaint without undue delay after he or she has been able to find it out in good time and with sufficient care. The claimed goods are submitted by the Buyer for a complaint properly cleaned so that their acceptance by the seller from the buyer is not hindered by the general principles of hygiene, together with proof of purchase from the Seller. It is advisable to send the goods in a package suitable for carriage, because the Seller is not liable for any mechanical damage before receiving the goods. In particular, goods sold at a lower price cannot be claimed for a defect for which a lower price has already been agreed and for wear and tear of the goods caused by its normal use. The Seller ensures the proper handling of complaints.
Complaints, including the elimination of defects, must be handled:
without undue delay, no later than 30 days from the date of the complaint, with the day of the complaint being the day on which the Seller receives the claimed goods back together with a duly completed complaint form from the Buyer or in a longer period which the Seller has agreed with the Buyer in writing.
11.2. Product defect
Any defect of the goods cannot be considered if a change in the goods that occurred during the warranty period was due to improper use, incorrect intervention, if the Buyer caused the defect himself, or the defect was caused by an external event not caused by the Seller, especially if the cause of the defect:
- was an inappropriate combination of materials worn together that damaged the goods – so called ‘discolouring’
mechanical damage to the goods - cutting, tearing, localised concentrated brushing or any interference with the goods in this manner
- damage to goods caused by chemicals by non-compliance with the care symbols on the inside label on the goods (and as available via a link to BUSHMAN Goods Care on the Czech website: Ošetřování zboží BUSHMAN)
11.3. Deadline for making a complaint
The Buyer is entitled to exercise his or her rights in respect of a defect that occurs in the goods within 24 months of receipt from the Seller. The period for exercising rights from defects in the goods, or the warranty period, is stated in the description of each product. The purchase of goods is evidenced by the Buyer with a proof of purchase from the Seller, which also serves as a warranty card. The warranty period is not to be confused with the service life of the goods, ie the time for which the goods can withstand, due to their properties, given differences in the purpose and in the intensity of their use. If the defective goods are replaced with new ones, the period for making a complaint continues for the total of the 24 month period from the conclusion of the purchase contract.
11.4. Protocol for complaints about goods
The Seller will accept the goods, the subject for complaint, together with a duly completed complaint report, which is available for download on the website. Goods that will be delivered to the seller without a duly completed complaint report will be returned to the sender, as goods for which the reason for sending it to the seller is not clear.
reclamation form (pdf)
11.5. Complaint assessment
The Seller shall decide on the complaint without undue delay, but no later than within three working days, which does not include any time necessary for a professional assessment of the defect. The decision on whether the defect is remediable or irremediable belongs only to the Seller, as the manufacturer considering the complaints on these grounds:
- remediable defects - are those whose removal does not affect the appearance of the goods, its function and quality, and whose repair can be carried out within the time limit set for the settlement of the complaint, see. 1.
- irreparable defects - are those that prevent the goods from being used properly, or they cannot be completely removed.
After the decision on the complaint, the Seller will issue the Buyer by e-mail with a confirmation (complaint form) of when the complaint was filed, of what the content of the complaint consists, what method of handling the Buyer requires, and confirmation of the date and method of handling of the complaint, including confirmation of possible repairs and their duration, or the justification for rejecting the complaint.
After the complaint is settled, depending on the nature of the claimed defect, either the repaired goods are returned, or new goods are sent, or a part thereof, if the defect concerns only a part of the goods, or a reasonable discount is provided from the purchase price or the purchase price of the claimed goods is refunded.
In the event of a justified complaint, the buyer has the right to reimbursement of postage in the amount of the necessary costs for safe delivery (it is necessary to provide proof of this carriage). In the event of an unjustified complaint, the buyer is not entitled to reimbursement of its costs associated with the settlement of the complaint.
11.6. Complaint resolutions
a) Remediable defects see. 5a)
- are usually fixed free of charge by repair
- if this can be considered reasonable due to the nature of the defect and if the goods have not yet been used, the Buyer may request the delivery of new goods without defects; if it is not possible to deliver new goods without defects, the Buyer has the right to withdraw from the purchase contract - if the Buyer does not request the repair of the goods, the delivery of new goods without defects, nor does he or she withdraw from the purchase contract, he or she may request a reasonable discount.
b) irreparable defects see 5b)
- it is possible to request delivery of new goods without defects
- it is possible to withdraw from the purchase contract
- if the Buyer does not request the delivery of new goods without defects, nor does he or she withdraw from the purchase contract, he or she may request a reasonable discount.
c) remediable defects see 5a) recurring on goods even after two previous repairs or at least three simultaneously occurring remediable defects see 5a)
- it is possible to request delivery of new goods without defects
- it is possible to withdraw from the purchase contract
- if the Buyer does not request the delivery of new goods without defects, nor does he or she withdraw from the purchase contract, he or she may request a reasonable discount.
d) return of the claimed goods to the buyer in case of compliant rejection.
If any defects in the goods relate only to a part of the goods, the Buyer may request the replacement of only that part.
In the event of withdrawal from the purchase contract, the Seller returns to the buyer all money, including the costs incurred by the Buyer for the delivery of goods, but only in the amount corresponding to the cheapest method of delivery of the goods offered by the Seller.
11.7. Other provisions
Gifts that are provided completely free of charge cannot be subject to any rights arising from defective performance.
A consignment for which the reason for its dispatch to the Seller is not obvious will be returned to the consignor if the consignment contains the data necessary for its return.
These Complaints Rules apply only to consumer contracts and to obligations arising from them in the sense of the provisions of Section 1810 of the Civil Code. For non-consumer contracts, the general legal regulation applies when exercising the rights arising from defective performance. The Complaints Procedure information is freely available to the Buyer before purchasing the goods. Other rights of the Buyer, which are related to the purchase of an item, are not affected.
12. FINAL PROVISIONS
12.1. If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that that relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
12.2. If any provision of The Business Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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 other provisions. Changes and additions to the purchase contract or these business conditions are required to be in written form.
Administrativní areál Bushman
Bushman s.r.o. / Bushman.cz
257 22 Čerčany
+420 778 970 596
The team at BUSHMAN.eu