Terms & Conditions
1. Preliminary conditions
These commercial terms and conditions (hereafter referred to as “Conditions”) of the company BIMOCULARS s.r.o. with the office located at: Kresomyslova 384/17, Nusle, 14000 Prague, Czech Republic, registered in the Commercial register of municipal court in Prague, department C, â„– 152541, are regulated in accordance with Regulation § 1751 paragraph 1 Law â„– 89/2012 of the Civil Code of the Czech Republic (hereafter referred to as “Civil Code”), mutual rights and obligations of the parties, raised by or based on virtual sale agreement (hereafter referred to as “Sale Agreement”) between seller and the other person (hereafter referred to as “Buyer”) through the online store of seller.
1.1 Regulations, which are different from commercial terms and conditions, can be included in sale agreement. In this case sale agreement prevails over regulations of commercial terms and conditions.
1.2 Regulations of commercial terms and conditions are integral part of sale agreement.
1.3 These terms and conditions are applied in statements, indicated on the seller’s website, in the day of entering into sale agreement. After confirmation of consumer order as concluded agreement between buyer and seller, it is archived with the aim to meet the conditions and consider them hereinafter, becoming available to the buyer. Agreement may be concluded in the Czech language, and possibly in other languages, if it is not the reason of impossibility of its conclusion.
2. Sale agreement conclusion
2.1 Presentation of goods through the web-interface of the store has informative character, and seller is not obliged to enter into sale agreement in accordance to these goods. Regulation § 1751 paragraph 1 Law â„– 89/2012 of the Civil Code of the Czech Republic is not applied in this case.
2.2 Website contains information about goods, including prices of the particular goods. Prices of goods are indicated with VAT and other possible taxes and fees. Prices of goods remain valid while they are shown on the website. This statement does restrict seller to enter into sale agreement based on individually-negotiated terms.
2.3 Website contains information about expenses related to package and delivery of goods. Information on the website about costs of packaging and delivery of goods is relevant only to goods delivery on the territory of EU.
2.4 To order goods, user has to fill application form in the web-interface of the store. Application form contains specific information about:
2.4.1 Ordered goods (ordered goods will be “put” in the shopping cart of the store web-interface)
2.4.2 Payment methods of stated good value, information about required method of delivery of ordered goods
2.4.3 Expenses related to delivery (hereafter jointly referred to as “order”)
2.5 Before confirmation of an order to seller buyer has possibility to check and change data indicated in the application form to reveal and correct possible mistakes while entering data in the application form. Buyer confirms and directs order to seller clicking the confirm order button. Indicated data in the application form is considered by seller as the correct one.
2.6 Confirming an order, buyer indicates chosen good, purchase price, personal data, and method of payment. Buyer has to fill in the application form with all obligatory data, become familiar with conditions on the website and confirm his agreement.
2.7 Immediately after ordering, seller confirms an order to buyer via electronic mail, to the electronic mail of buyer, indicated in the web-interface or order (hereafter referred to as “electronic mail of the buyer”).
2.8 Seller has right, depending on the type of order (quantity of goods, purchase price, estimated costs on delivery), to apply to buyer to get additional confirmation of an order (for example, in written form or by phone).
2.9 Agreement relationships between seller and buyer appear when customer’s order is accepted (accept), fact of which is confirmed by seller with the message by electronic mail to the electronic mail of buyer.
2.10 In case, if any requirement indicated in an order cannot be met by seller, he sends on the electronic mail of buyer amendment proposals, indicating possible variants of order and requesting buyer’s opinion.
2.11 Modified proposal will be considered as a new project of sale agreement, which will be concluded by electronic mail with the consent of buyer.
2.12 Buyer agrees with the use of means of communication when entering into sale agreement. Costs incurred by buyer for means of communication in connection with entering to sale agreement (costs for internet connection, telephone conversations) are payable by buyer.
2.13 All purchases of goods by services of electronic commerce are regulated by commercial terms and conditions.
2.14 By entering into an agreement, registered user, as a buyer party, confirms that he is familiar with commercial terms and conditions and agrees to them. Before the proceeding of orders buyer is able to become familiar with them.
2.15 Seller reserves the right to cancel an order of registered user or its part based on the agreement with registered client, if: a) goods are no longer produced b) goods have already been delivered, c) prices on goods have been changed essentially. If registered client has already paid part or the whole purchase sum, this sum will be turned to his account or address.
2.16 Ownership in the goods goes to registered user when he has entered into sale agreement and paid whole sum of ordered goods value.
3. Transportation and delivery of goods
3.1 If delivery method is agreed on request of buyer, buyer bears risk and possible additional costs, related to this method of delivery.
3.2 If seller, according to sale agreement, has to deliver goods to the place, indicated by buyer in delivery order, buyer is obliged to receive goods on delivery.
3.3 If because of buyer’s fault, goods need to be delivered more than once or in the other way, not indicated in order, buyer must pay additional costs, related to repeated delivery of goods and expenses related to other methods of delivery.
3.4 When receiving goods from transporter, buyer has to check integrity of goods’ package and, in case of any faults, immediately inform transporter. In case of package damages, that indicate its illegal opening, buyer does not have to receive goods from transporter.
3.5 Seller always tries to organize delivery in settled term, but he is not responsible for goods, which were not delivered on time, if it was related to the work of transporter, and therefore, seller could not influence on the speed of delivery without inadequate expenses increase.