1. Introductory provisions
These Terms and Conditions (“Terms and Conditions“) regulate, in accordance with the provisions of § 1751, paragraph 1 of Act No.89/2012 Coll., Civil Code (“Civil Code“), the mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract concluded between the Seller, Bonclé s.r.o. with its registered office at Šebkova 291/2, Prague 4, 148 00, Czech Republic, ID No. 4. 2021, file number: c 347300, registered at the Municipal Court in Prague (“Seller“) and another natural or legal person (“Buyer“) through the Seller’s online shop. The online shop is operated by the Seller on the Internet at www.boncle.com (“Online Shop“).
The Seller is acting within the scope of its trade or other business activities when concluding and performing the Purchase Contract. The buyer is either a consumer or an entrepreneur who enters into a purchase contract in connection with his own commercial, manufacturing or similar activity.
If the buyer is a consumer, relations not regulated by the terms and conditions are governed by the Civil Code and Act No. 634/1992 Coll., on Consumer Protection. If the buyer is an entrepreneur, relations not governed by the terms and conditions shall be governed by the Civil Code.
The Terms and Conditions further regulate the rights and obligations when using the Seller’s online shop and other related legal relationships. The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are in Czech language. The purchase contract can be concluded in Czech.
The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
Provisions deviating from the terms and conditions may be agreed in the purchase contract. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.
The terms and conditions do not apply to custom-made and made-to-measure goods.
2. Conclusion of the purchase contract
The online shop contains an offer of goods – author’s handbags and accessories, offered by the seller for sale, including the prices of the offered goods. The prices of the goods are inclusive of value added tax (unless specifically stated to be exclusive of VAT) and all related charges. The offer for sale of goods and the prices of these goods remain valid for the time they are displayed in the online shop. This provision does not restrict the seller’s ability to conclude the purchase contract on individually agreed terms.
All presentation of goods placed in the online store is informative and the seller is not obliged to conclude a purchase contract regarding these goods. An offer of goods shall not be deemed to be a proposal to supply goods within the meaning of § 1732 para. 2 of the Civil Code.
The online shop also contains information on the costs associated with packaging and delivery of goods. The information about the costs associated with the packaging and delivery of the goods listed in the online shop is valid only for the quantities indicated. Costs for other quantities and other modes of transport required by the buyer must be individually inquired with the relevant shipping company. To order goods, the buyer fills in the order form on the website of the online store.
The order form contains information about the goods ordered, the method of payment of the purchase price of the goods, information about the required method of delivery of the goods ordered and information about the costs associated with the delivery of the goods (“order“).
Before sending the order to the Seller, the Buyer is allowed to check and change the data entered in the order form, including with regard to the Buyer’s ability to detect and correct errors arising when entering data into the form. The buyer sends the order to the seller by clicking on the “buy” button.
The information provided in the order is considered correct by the seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by electronic mail to the Buyer’s electronic mail address specified in the user interface or in the order.
If the buyer is a consumer, the proposal to conclude a purchase contract is the placement of an offer of goods on the website of the online store. The purchase contract is formed when the buyer (consumer) sends the order and the seller accepts the order. Confirmation of the order according to Art. 2.6. The Terms and Conditions do not affect the formation of the purchase contract.
The contractual relationship between the Seller and the Buyer (entrepreneur) is established by delivery of a binding order, while the purchase contract itself is concluded at the moment of delivery of the Seller’s binding consent to this order, which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic mail address. The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Agreement, especially with persons who have previously materially breached the Purchase Agreement (including the Terms and Conditions).
By concluding the Purchase Agreement, the Buyer confirms that he/she has read these Terms and Conditions, including the Complaints Procedure, and that he/she agrees to them. The buyer is notified of these terms and conditions and the Complaints Procedure sufficiently in advance of the order and has the opportunity to familiarize himself with them.
The Seller reserves the right to cancel the order or part of it before the conclusion of the purchase contract, by agreement with the Buyer, in the following cases: the goods are no longer produced or the price of the supplier of the goods has changed significantly. If the buyer has already paid the purchase price, the amount will be transferred back to his account and the purchase contract will not be concluded.
The buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.
3. Price of goods and payment terms
The price of the goods and the costs associated with the packaging and delivery of the goods (the “Purchase Price“) under the Purchase Agreement shall be paid by the Buyer to the Seller by credit card over the Internet through a payment gateway.
In the case of delivery of goods to countries that also require customs clearance, the buyer pays the costs associated with customs clearance as part of the purchase price.
When choosing to pay by credit card over the Internet, the buyer will be redirected to a third-party payment server after completing the order, where they will fill in the necessary payment details. After verifying their validity, the order will be confirmed and the purchase price will be deducted from the buyer’s account.
The price is valid at the time of ordering. All changes, including price changes in the online shop are subject to change.
The Buyer agrees to the issuance of an electronic receipt.
4. Withdrawal from the Purchase Agreement
The buyer (consumer) is entitled to conclude the purchase contract by means of distance communication in accordance with § 1829 para. 1 of the Civil Code to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods, whereas if the subject of the purchase contract is several types of goods or the delivery of several parts, this period starts from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller. The buyer may deliver the withdrawal from the purchase contract to the address of the seller’s registered office (Bonclé s.r.o. Šebkova 291/2, Prague 4, 148 00, Czech Republic) or to the seller’s e-mail address info@boncle.com. The buyer shall keep the confirmation of sending the withdrawal from the purchase contract in case of need.
In the event of withdrawal from the purchase contract pursuant to Art. 4.1. Terms and Conditions, the Purchase Agreement is cancelled from the outset. The goods must be returned by the Seller without undue delay, no later than 14 days after the withdrawal from the purchase contract, by sending them back to the address of the Seller’s registered office (Bonclé s.r.o. Šebkova 291/2, Prague 4, 148 00, Czech Republic). The time limit is deemed to be maintained if the buyer sends the goods back to the seller before the expiry of 14 days. The buyer shall keep the confirmation of dispatch of the goods in case of need. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route. The goods must be returned to the seller undamaged and unworn, i.e. The original label bearing the text “the goods may only be returned if this label is not removed” must not be tampered with or completely removed.
Within 10 days of the return of the goods by the buyer according to Art. 4.2. Terms and Conditions, the Seller is entitled to examine the returned goods, in particular to determine whether the returned goods are damaged, worn out or partially consumed.
In case of withdrawal from the contract according to Art.1. Terms and Conditions, the Seller shall return the purchase price to the Buyer including the delivery costs (except for the amount representing the additional costs of delivery of the goods incurred as a result of the Buyer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller) within 14 days of the Buyer’s withdrawal from the Purchase Contract, without cash to the account designated by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to the seller or proves that the seller has shipped the goods.
The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation for the damage caused by the Buyer. The buyer is liable for any diminution in the value of the goods as a result of handling the goods in a manner other than that necessary to become familiar with the nature and characteristics of the goods, including their functionality. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Buyer’s claim for reimbursement of the purchase price. If the goods can no longer be returned – they have been destroyed or consumed, the buyer must provide a monetary compensation in exchange for what can no longer be returned.
The buyer does not have the right to withdraw from the contract in accordance with the provisions of Section 1837 of the Civil Code, in particular, in the case under point. (b) goods or services the price of which depends on financial market fluctuations independent of the entrepreneur’s will and which may occur during the withdrawal period, (d) goods which have been modified according to the consumer’s wishes or for the consumer’s benefit. If a Bonclé handbag is custom-made, the buyer cannot withdraw from the purchase contract.
The seller is entitled to withdraw from the purchase contract at any time until the goods are accepted by the buyer. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, without cash to the bank account designated by the Buyer.
5. Transport and delivery of goods
The method of delivery of the goods is determined by the seller, unless otherwise specified in the purchase contract. If the method of transport is agreed upon on the basis of an individual request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery. If the buyer does not take delivery of the goods, the seller is entitled to withdraw from the contract.
In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. Costs associated with other delivery methods.
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of the packaging indicating that the shipment has been tampered with, the buyer may not accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods has met all conditions and requirements and that any later claims regarding the damage to the packaging of the shipment cannot be taken into account.
6. Liability for defects, warranty, exclusion of liability
The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding provisions (in particular, Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
The seller is liable to the buyer for the fact that the sold item is in conformity with the purchase contract, in particular that it is free of defects. Conformity to the contract of sale means that the sold item has the quality and utility characteristics required by the contract, described by the seller, the manufacturer or his representative, or expected on the basis of their advertising, or the quality and utility characteristics of the type usual for the item, that it conforms to the requirements of the legal regulations, is in the appropriate quantity, measure or weight for that purpose and corresponds to the purpose for which the seller states the item is used or for which the item is usually used.
The rights from the defective performance shall be exercised by the buyer at the seller’s registered office or by handing over to the address of the seller’s premises (Šebkova 291/2, Prague 4, 148 00, Czech Republic). The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
Other rights and obligations of the parties related to the Seller’s liability for defects are regulated by the Seller’s Complaints Regulations.
The buyer acknowledges the following rules: when using the goods, please observe the instructions related to their maintenance, in particular. Taking into account the properties of the materials used, leather and ceramics. The goods are fragile due to the properties of ceramics. Ceramic parts of the handbag may damage the surface of other objects. The leather parts of the handbag must not be exposed to damp environments, direct sources of heat or light, or contact with alcohol or oily substances. The handbag can only be cleaned with a dry, non-abrasive cloth, and the ceramic part can be cleaned with soapy water.
7. Other rights and obligations of the parties
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
The Buyer acknowledges that the software and other components of the website (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could allow him or third parties to interfere with or use the software or other components of the web interface of the online store in an unauthorized manner.
The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the online shop. The web interface of the online shop may only be used to the extent that it is not to the detriment of the rights of other customers of the seller and that is in accordance with its purpose. The Buyer acknowledges that the Seller shall not be liable for any errors resulting from third party interference with the online shop website or from the use of the online shop website contrary to its intended use.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 para. 1 lit. (e) of the Civil Code.
Out-of-court handling of consumer complaints is provided by the Seller via the electronic address info@boncle.com. The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s electronic address.
The courts of the Czech Republic shall have jurisdiction over any disputes between the Seller and the Buyer. Any disputes between the seller and the buyer (consumer) can also be resolved out of court. In such a case, the consumer can contact an out-of-court dispute resolution entity, such as the Czech Trade Inspection Authority, or resolve the dispute online via a dedicated platform. For more information on out-of-court dispute resolution, click here.
The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.
8. Privacy Policy and sending commercial communications
The protection of personal data of the buyer, who is a natural person, is provided by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27. April 2016, General Data Protection Regulation.
The buyer agrees to the processing of the following personal data: name and surname, home address or other delivery address, company, e-mail address, telephone number.
The buyer agrees to the processing of personal data to the seller for the purpose of exercising the rights and obligations under the purchase contract. Unless the buyer chooses another option, the seller also agrees to the processing of personal data for the purpose of sending information and commercial communications to the buyer, until the buyer expresses his/her disagreement with this processing in writing. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of a purchase contract.
The Buyer acknowledges that he/she is obliged to provide his/her personal data correctly and truthfully when placing an order in the online shop and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data.
The seller may entrust a third party as a processor to process the buyer’s personal data. Apart from the persons transporting the goods, the personal data of the seller will not be passed on to third parties without the prior consent of the buyer.
Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.
The Buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data. The Buyer declares that he/she has been informed that he/she may withdraw consent to the processing of personal data in relation to the Seller by written notice delivered to the Seller’s address.
The Buyer agrees to receive information related to the Seller’s goods, services or business at the Buyer’s electronic address and further agrees to receive commercial communications from the Seller at the Buyer’s electronic address.
In the event that the Buyer believes that the Seller or the Processor (pursuant to Article 8.5 of the Terms and Conditions) carries out processing of his/her personal data that is contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the personal data is inaccurate with respect to the purpose of its processing, he/she may:
- Ask the seller or processor for an explanation,
- Require the seller or processor to remedy the condition.
If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller has the right to demand a reasonable fee for the provision of information under the previous sentence, not exceeding the costs necessary to provide the information.
The Buyer agrees to the storage of the so-called. Cookies on his computer. The purchaser can manually delete, block or completely disable individual cookies through the settings of his/her web browser. Individual cookies can also be blocked or allowed only for specific sites. Further information is contained in the Cookie Policy.
9. Delivery
Unless otherwise agreed, all correspondence relating to the Purchase Agreement must be delivered to the other party in writing, either by electronic mail or through a postal service provider (at the sender’s option).
The message is delivered:
In the case of delivery by electronic mail, the moment of receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
In the case of delivery through a postal service operator, by the addressee taking delivery of the parcel,
In the case of delivery through a postal service operator, the expiry of the period of 10 days from the deposit of the consignment and the giving of a notice to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not become aware of the deposit.
These terms and conditions are valid in the wording stated on the Seller’s website on the date of conclusion of the purchase contract.
10. Final provisions
If the relationship related to the use of the online shop or the legal relationship based on the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
If any provision of the Terms and Conditions is or becomes 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 other provisions. Amendments and additions to the Purchase Agreement or the Terms and Conditions require a written form.
The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible to third parties.
A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
Seller’s contact details: delivery address Šebkova 291/2, Prague 4, 148 00, Czech Republic, e-mail address info@boncle.com
These terms and conditions come into force on 17.5.2018 in Prague
Complaints Procedure
1. Introductory provisions
This Complaints Procedure is an integral part of the terms and conditions of the Seller, Bonclé s.r.o. with registered office at Šebkova 291/2, Prague 4, 148 00, Czech Republic, ID No.: 107 28 210 (“Seller“).
This Complaints Procedure is governed by Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended, and applies to goods for which the buyer’s rights under liability for defects are asserted during the warranty period (“claims“).
The Seller is acting within the scope of its trade or other business activities when concluding and performing the Purchase Contract. The buyer is either a consumer or an entrepreneur who enters into a purchase contract in connection with his own commercial, manufacturing or similar activity.
The buyer is obliged to get acquainted with the terms and conditions and the complaints procedure before ordering the goods. By concluding the purchase contract and accepting the goods from the Seller, the Buyer agrees to this Complaints Procedure.
2. Defects in the goods and rights arising from defective performance
The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. The seller is liable to the buyer that at the time the buyer took delivery of the goods:
The goods have the characteristics agreed between the parties and, in the absence of agreement, such characteristics as the seller has described or the buyer has expected in view of the nature of the goods and on the basis of the advertising by him, the goods are fit for the purpose for which the seller states or for which a thing of that kind is usually used, the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship has been determined by reference to the agreed sample or specimen, the goods are in the appropriate quantity, measure or weight, and the goods comply with the requirements of the law.
If the goods do not have the characteristics listed above in Art. 2.1 of the Complaints Procedure, the buyer may demand delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the buyer may only demand replacement of the part, if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, in particular if the defect can be removed without undue delay, the buyer has the right to have the defect removed free of charge.
The buyer has the right to delivery of a new item or replacement of its parts even in the case of a removable defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or does not exercise the right to have a new item delivered without defect, to have a part of the item replaced or to have the item repaired, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulties to remedy the defect.
The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing has a defect or if the buyer himself caused the defect.
The buyer is entitled to exercise the right of defective performance within 24 months of receipt of the goods. If a defect appears within 6 months of receipt of the goods, the goods shall be deemed to have been defective upon receipt, unless this is contrary to the nature of the goods or unless proven otherwise. The warranty period for the buyer, an entrepreneur who concludes a purchase contract in connection with his own business, production or similar activity, is 12 months from the receipt of the goods. The warranty period is extended by the time the goods have been under repair. In the event of a replacement, a new warranty period begins.
The buyer is advised to check the condition of the shipment with the carrier (intactness of the tape, damage to the box). The buyer is entitled to refuse to accept a shipment that does not comply with the purchase contract, on the grounds that the shipment is e.g. Incomplete or damaged. If the buyer accepts the damaged shipment from the carrier, it is necessary to describe the damage in the carrier’s handover report. Incomplete or damaged shipments must be reported immediately by email to info@boncle.com. An additional claim of incompleteness or external damage to the shipment does not deprive the buyer of the right to claim the item, but gives the seller the opportunity to prove that there is no conflict with the purchase contract.
The seller’s liability for defects does not apply to the wear and tear of the item caused by its normal use, in the case of an item sold for a lower price to the defect for which the lower price was agreed, in the case of a used item to the defect corresponding to the degree of wear and tear that the item had when taken over by the buyer, or if it results from the nature of the item.
The right to claim the rights from defective performance expires in case of improper handling and treatment of the goods, i.e. In particular, if the goods are used in contravention of the conditions set out in the documentation for the goods and Art. 6.6 of the Terms and Conditions.
At the request of the Buyer, the Seller shall provide the Buyer with a written confirmation of the obligations arising from the defective performance to the extent provided by law (“warranty certificate“). Instead of a warranty certificate, the seller normally issues a proof of purchase (invoice), which contains the same information as the warranty certificate. If longer than the statutory warranty is provided, the Seller shall specify the terms and extent of the warranty extension in the warranty certificate.
3. Complaint handling
The buyer can claim the goods by sending the seller by mail to the address of Bonclé s.r.o. Šebkova 291/2, Prague 4, 148 00, Czech Republic.
In the event that the buyer exercises his right to require the removal of defects in the goods by repair, he shall exercise his right to warranty repair by sending the seller to the address of the registered office of Bonclé s.r.o. Šebkova 291/2, Prague 4, 148 00, Czech Republic.
Complaints including the removal of defects must be settled without undue delay, no later than 60 days from the date of the complaint, unless the seller and the buyer agree on a longer period. After the expiration of this period, the buyer is granted the same rights as if there had been a material breach of contract.
The time limit for the settlement of the complaint according to Art. 3.3 of the Complaints Procedure is suspended in the event that the Seller has not received all the documents necessary for the settlement of the complaint – the claimed goods, including complete accessories, a copy of the proof of purchase, a completed complaint form with a detailed description of the defect and the contact details of the Buyer. The seller is obliged to request the completion of the documents from the buyer as soon as possible. The deadline is suspended from this date until the buyer delivers the requested documents.
In a situation where goods need to be sent to the seller, the buyer is responsible for ensuring that the goods are packed in suitable and sufficiently protective packaging material to prevent damage during transit and are sent as fragile. The Buyer shall retain the Seller’s shipping confirmation for reference.
The Seller shall issue the Buyer with a written confirmation of when the claim was filed, what its content is, what method of claim settlement is required, by e-mail immediately after receipt of the claim; furthermore, confirmation of the date and method of claim settlement, including confirmation of the repair and duration of the claim, or the reasons for rejecting the claim.
The buyer is entitled to reimbursement of the necessary costs (in particular the postage costs paid by the buyer when sending the claimed goods) incurred in connection with the exercise of the legitimate rights under the liability for defects and incurred actually and efficiently.
After the claim has been duly settled, the Seller shall notify the Buyer of the termination of the claim either by phone, text message or e-mail, and the goods shall be automatically sent to the Buyer’s address.
In the event of withdrawal from the purchase contract or the provision of a discount on the purchase price, the relevant payment is returned to the buyer by transfer to the bank account.
4. Final provisions
This Complaints Procedure is available at the headquarters of Bonclé s.r.o. or at www.boncle.com
This Complaint Procedure comes into force on 17.5.2018.