BUSINESS TERMS AND CONDITIONS

BUSINESS TERMS AND CONDITIONS

 of bone republic s.r.o., with its registered office at no. 57, 379 01 Ponědrážka, Czech Republic, ID no.: 064 00 434, registered in the Commercial Register at the Regional Court in České Budějovice, in Section C, file 26629

for the sale of goods via online store located at the internet address www.bonerepublic.eu

 

ARTICLE 1 – INTRODUCTION

 1.1       The Business Terms and Conditions (hereafter “Terms and Conditions”) of bone republic s.r.o., registered office at no. 57, 379 01 Ponědrážka, ID no.: 064 00 434, registered in the Commercial Register at the Regional Court in České Budějovice, Section C, file 26629 (hereafter “Seller”), regulate, pursuant to the provisions of Section 1751 of Act No. 89/2012 Coll., the Civil Code, the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase agreement (hereafter “Purchase Agreement”) concluded between the Seller and another individual or legal entity (hereafter “Buyer”) via the Seller’s online store. The online store is operated by the Seller on the website located at http://www.bonerepublic.eu/ (hereafter “Website”).

 1.2       The Purchase Agreement between the Seller and the Buyer may stipulate provisions diverging from the Terms and Conditions. In the event of a conflict between the Terms and Conditions and the Purchase Agreement, the Purchase Agreement shall prevail.

 1.3       The Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement, as well as the Terms and Conditions, are concluded in accordance with Czech law, in compliance with the applicable legislation of the Czech Republic and with international treaties binding upon the Czech Republic.

 1.4       The subject of the Purchase Agreement is the supply of goods, which are exclusively animal bones and the fluid preparations of animals, intended mainly for scientific and study purposes. For goods that are explicitly marked as such on the website, the Seller guarantees that they are subject to the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed 3 March 1973 – usually referred to by the acronym CITES.  The complete wording of the Convention is available at: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:22015A0319(01)&from=SV.

This area of law is regulated in the Czech Republic by Regulation (EC) no. 338/97 and other EU legislation, and by Act No. 100/2004 Coll., on the Protection of Species of Wild Fauna and Flora by Regulating Trade in Them and Other Measures to Protect Such Species and on Amendments to Certain Acts (Act on Trade in Endangered Species), as amended.

 1.5       Goods that are marked on the Seller’s website in accordance with paragraph 1.4 of this Article are not intended for sale to countries outside the European Union.

 

ARTICLE 2 – WEBSITE USER ACCOUNT

2.1       By registering on the Website, the Buyer creates a user account and is entitled to place orders for goods through this account. The Buyer can also order goods directly on the Website, without registering and creating a user account.

2.2       When registering on the Website, as well as when an order made without registration, the Buyer is obliged to provide all the required data correctly and truthfully, which they are also obliged to update in case of any change.

2.3       The user account is protected by the name and password entered by the Buyer during registration.

 

ARTICLE 3 – PROCEDURE OF CONCLUDING A PURCHASE AGREEMENT

 3.1       The Seller’s Website contains information about the offered goods, including the price of the goods as well as other data according to these Terms and Conditions. The quoted price of goods includes value added tax. The Seller is entitled to unilaterally changing the prices of goods. The price is always valid for as long as it is displayed on the Website.

 3.2       The Website also contains information on other costs associated with the goods, namely the cost of transport carried out by the transport company Direct Parcel Distribution CZ s.r.o., ID no.: 613 29 266, with its registered office at Říčany u Prahy, Modletice 135, 25101, and also by the means of Česká pošta, s.p., with its registered office at Politických vězňů 909/4, 225 99 Prague 1, ID no.: 471 14 983. The choice of carrier depends on the Buyer and the desired delivery destination. Packaging is included in the price of shipping.

 3.3       When ordering, the Buyer fills in the order form on the Website, where in particular: 

1. they will put the selected goods into a virtual shopping cart on the Website,
2. they will select the manner of paying the price for the goods and the method of their delivery,

 3.4       By submitting an order on the Website, the Buyer confirms the accuracy of the data entered in the order – in terms of the goods ordered, the price and method of payment, and the method of delivering the goods. Submitting such an order is considered an offer to enter into a Purchase Agreement. The fundamental conditions for the validity of order sent by the Buyer is filling in all data in the order according to the form on the Website, the expression of consent to these Terms and Conditions (with the confirmation from the Buyer that they have been properly acquainted with these Terms and Conditions and understand their contents), and confirming this fact directly in the order by sending the order to the Seller through the Website. By sending the order through the Website, the Buyer also agrees to the use of remote means of communication to conclude the purchase agreement.

 3.5       Upon receipt of the Buyer’s order, the Seller undertakes to confirm to the Buyer their acceptance of the order by email, or by sending a message to the User’s account on the Website. This action leads to the acceptance of the Buyer’s offer to conclude the Purchase Agreement, i.e. to its conclusion.

 

ARTICLE 4 – PRICE OF GOODS, PAYMENT CONDITIONS

 4.1       The purchase price of the ordered goods may be paid in the following ways: 

1. by bank transfer to the Seller’s account at Oberbank AG, address: I. P. Pavlov Square 5, 12000, Prague 2, acc. no. CZ6580400000002031118369 for payments in CZK, and acc. no.: CZ0380400000002031131125 for payments in EUR, BIC: OBKLCZ2X, the variable symbol is the order number – the purchase price is due 10 days after the Agreement is concluded, 

1. by cashless payment using a credit card – the purchase price is due in 10 days after the Agreement is concluded. 

 4.2       The Buyer will also pay the costs of packaging and transportation along with the purchase price.

4.3       The Seller will issue a tax document, i.e. invoice, to the Buyer with the requisites according to the applicable legislation, in particular the tax regulations. The tax document will be sent to the Buyer to their e-mail address stated in the order.

 

 

ARTICLE 5 – TRANSPORTATION AND DELIVERY OF GOODS

5.1       The Seller shall be obliged to deliver the goods to the Buyer’s address stated in the order, the Buyer shall be obliged to accept the goods upon delivery.

 5.2       In the case of repeated delivery due to reasons on the part of the Buyer, the Buyer is obliged to pay the costs associated with the repeated delivery of goods.

 5.3       The Buyer is obliged to check the integrity of the packaging of the goods upon their receipt, and in case any defects are found, to notify them to the carrier; the Buyer shall not be obliged to accept such shipment from the carrier.

 

ARTICLE 6 – WITHDRAWAL FROM THE PURCHASE AGREEMENT

 6.1       The Buyer will be entitled to withdraw from the Purchase Agreement pursuant to Section 1829 of the Civil Code within 14 days after takeover and acceptance of the goods. The notice of withdrawal from the Purchase Agreement must be delivered to the Seller within 14 days after takeover and acceptance of the goods. Costs associated with the return of the goods will be borne by the Buyer according to Section 1832 of the Civil Code. The Seller will be obliged to return the purchase price, including the shipping and packaging costs, within 15 days after the goods are returned, by cashless transfer to the bank account specified by the Buyer in the notice of withdrawal from the Purchase Agreement.

 6.2       In order to withdraw from the Purchase Agreement, the Buyer shall send the goods to: bonerepublic s.r.o., Ponědrážka 57, 37901, Třeboň, Czech Republic.

 6.3       The goods must be returned to the Seller undamaged, clean, unworn, and, if possible, in their original packaging.

ARTICLE 7 – DEFECTIVE PERFORMANCE RIGHTS, WARRANTY, COMPLAINTS

7.1       The Seller is liable to the Buyer for the accuracy and completeness of the goods according to the order and delivery note.

 7.2       The Buyer is obliged to inspect the goods upon receipt (in particular the quality, correctness, and integrity of the goods).

 7.3.      The warranty period for hidden defects and the functionality of the goods is 6 months.

7.4       Complaints concerning goods must be made with a specification of the goods subject to the complaint, a description of the defect, and a specification of the order (number and date).

7.5       The warranty does not cover defects and damage caused by inappropriate transport, storage, use, or regular wear and tear. 

7.6       Rights arising from defective performance are governed by the applicable provisions of the Act No. 89/2012 Coll., the Civil Code, in particular Section 2099 et seq.

7.7       The Buyer shall assert their rights arising from defective performance with the Seller at the e-mail address info@bonerepublic.eu, or at bonerepublic s.r.o., Ponědrážka 57, 37901, Třeboň, Czech Republic. The moment the claim is made is considered as the moment the Seller has received the goods subject to the complaint from the Buyer.

 

ARTICLE 8 – PERSONAL DATA PROTECTION, SENDING BUSNINESS NOTIFICATIONS, AND STORING COOKIES

8.1       Within the meaning of Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of natural persons 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) (hereafter “GDPR”), the Seller processes in particular the following personal data: name, surname, email address, telephone number, address, registered office.

8.2       Personal data must be processed in order to execute orders and other performance based on the Purchase Agreement, if the Seller and the Buyer conclude a Purchase Agreement. This processing of personal data is permitted by Article 6(1)(b) of the GDPR – the processing is necessary for the performance of a contract.

8.3       The Seller further processes personal data for the purpose of keeping records of Purchase Agreements and for the purpose of any future exercise and defense of rights and obligations of the Parties arising from the Purchase Agreement. The retention and processing of personal data is realized for the aforementioned purpose for a period of 10 years from the execution of the last part of the performance under the Purchase Agreement, unless another legal enactment requires the retention of contractual documentation for a longer period. Such processing is possible based on Article 6(1)(c) and (f) of the GDPR – the processing is necessary for compliance with a legal obligation and for the purpose of the legitimate interests of the controller, whose role is fulfilled by the Seller.

8.4       News and other commercial communications may be sent to the Buyer’s e-mail address or telephone number in accordance with the provisions of Section 7(3) of Act No. 480/2004 Coll., on Information Society Services, unless the Buyer rejects them. The Buyer may unsubscribe from these communications at any time by any means – for example, by sending an e-mail or by clicking on a link in the commercial communication.

8.5       The processing of personal data is carried out by the Seller, i.e. the data controller. Personal data is also processed on behalf of the controller by the processors:

1. a) Ing. Jana Pirasová, Ponědrážka 57, 37901 Třeboň, ID no.: 06400434

8.6       The controller does not have the so-called data protection officer. The controller may be reached at the e-mail address: info@bonerepublic.eu.

8.7       The personal data controller, as well as the Website operator, uses cookies on this Website. Cookies are short text files that a website stores on a visitor’s computer and that are provided by the browser each time the user returns to the site. Standard web browsers (Internet Explorer, Mozilla Firefox, Google Chrome, etc.) support the management of cookies. Within the browser settings, the Buyer can manually delete, block or completely prohibit the use of individual cookies, or block or allow them only for individual websites. You can use the browser help for more detailed information. If the browser has cookies enabled, the Seller will assume that the Buyer agrees to the use of cookies by the Seller’s server and cookies from our processors.

8.8       Cookies are used on the website for: 

1. measuring Website traffic and generating statistics on Website traffic and visitor behavior,
2. basic functions of the Website,
3. personalized advertisement,
4. social networks,
5. third parties (Google, Seznam etc.).

8.9       The collection of cookies for the purposes given above may be considered as the processing of personal data. Such processing is possible on the basis of a legitimate reason – the legitimate interest of the controller – and is permitted by Article 6(1)(f) of GDPR.

 8.10     Cookies which are collected for the purpose of measuring Website traffic and generating statistics relating to visitor traffic and behavior on the Website are processed in bulk and in an anonymous form that does not allow the identification of individuals.

8.11     The collected cookies may be processed by other processors:

1. a) Google Analytics, operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA;
2. b) MailPoet, 6 rue Dieudé, Marseille, Provence-Alpes-Cote d’Azur 13006, France.

 8.12     Please bear in mind that according to GDPR you have the right to:

• opt out of business notifications at any time,
• raise an objection against processing on the basis of legitimate interest of the controller,
• ask the Seller for information about which of your personal data we process,
• request the Seller for access to this data and have this data updated or corrected, or as the case may be, request the restriction of processing,
• require the Seller to erase such personal data; the erasure will be carried out unless it is contrary to applicable law or legitimate interests of the controller,
• data portability in the case of automated processing based on consent or on the grounds of performing a Purchase Agreement,
• request a copy of the processed personal data,
• effective judicial protection if you believe that your rights under the GDPR have been violated as a result of processing of your personal data in violation of the GDPR,
• file a complaint with the Office for Personal Data Protection.

ARTICLE 9 – DELIVERY

9.1       All legal actions arising from the Purchase Agreement, in particular withdrawal from the Purchase Agreement, must be made in writing, by registered mail.

9.2       For delivery to the Seller, the following address applies: Ponědrážka 57, 379 01, Třeboň, Czech Republic, for delivery to the Buyer the address is specified during registration on the Website or in the order.

9.3       Regular correspondence may be delivered via email.

ARTICLE 10 – FINAL PROVISIONS

10.1     All agreements between the Seller and the Buyer will be governed by the laws of the Czech Republic. If the relationship established by the Purchase Agreement contains an international element, the relationship is always governed by the law of the Czech Republic. In this context, the Buyer is not entitled to compensation in the event that the legislation governing the purchase of goods via the Seller’s website is different in the Buyer’s home country as compared to the legislation applicable to the Seller.

10.2     The rights of the Buyer as a consumer arising from the applicable legislation are not affected.

10.3     Any changes to the Purchase Agreement or these Terms and Conditions must be made in writing.

10.4     If any provision of these Terms and Conditions is found to be invalid or ineffective, the validity of the other provisions shall not be affected and it will be replaced by a provision whose meaning is as close as possible to the invalid provision.

10.5     The Terms and Conditions shall come into full force and effect on ____.