Terms and Conditions

TERMS AND CONDITIONS

of the company Viktorie Pavlíková
registered office: Mračská 278, 257 22 Čerčany
Company ID No.: 62886398
for the sale of goods through the online store located at www.bohemicadesign.eu and www.fler.cz/bohemicadesign

1. Introductory Provisions

1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the company Viktorie Pavlíková, with registered office at Mračská 278, 257 22 Čerčany, Company ID No.: 62886398 (hereinafter referred to as the "Seller"), regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the "Purchase Contract") concluded between the Seller and another natural person (hereinafter the "Buyer") through the Seller's online store. The online store is operated by the Seller on a website located at www.bohemicadesign.eu and www.fler.cz/bohemicadesign (hereinafter the "Website"), via the Website interface (hereinafter the "Store Interface").

1.2. The Terms and Conditions do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within the scope of their business activity or within the scope of their independent professional practice.

1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract shall prevail over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This shall not affect the rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.

2. User Account

2.1. Based on the Buyer's registration on the Website, the Buyer can access their user interface. From this user interface, the Buyer may place orders for goods (hereinafter the "User Account"). If the Store Interface allows it, the Buyer may also order goods without registration directly from the Store Interface.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data stated in the User Account in the event of any change. The information provided by the Buyer in the User Account and when ordering goods shall be deemed correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.

2.4. The Buyer is not entitled to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, in particular if the Buyer does not use their User Account for more than 1 year, or if the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software, or the necessary maintenance of third-party hardware and software.

3. Entering a Purchase agreement

3.1. All presentation of goods on the Store Interface is of an informative nature, and the Seller is not obliged to conclude a Purchase Contract regarding such goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.

3.2. The Store Interface contains information about the goods, including the prices of individual items and the costs for returning goods if such goods by their nature cannot be returned by regular post. Prices of goods are stated inclusive of value added tax and all related charges. Prices remain valid for as long as they are displayed on the Store Interface. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually agreed conditions.

3.3. The Store Interface also contains information about the costs associated with packaging and delivery. The information about packaging and delivery costs provided in the Store Interface is valid only for delivery within the territory of the Czech Republic.

3.4. To order goods, the Buyer fills in the order form in the Store Interface. The order form contains in particular:

3.4.1. information about the ordered goods (the Buyer "places" the goods into the electronic shopping cart of the Store Interface),

3.4.2. information about the method of payment of the purchase price, information about the requested method of delivery of the ordered goods, and

3.4.3. information about the costs associated with delivery (hereinafter collectively the "Order").

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered in the Order, including the ability of the Buyer to detect and correct errors made when entering data. The Buyer sends the Order to the Seller by clicking the "Order" button. The information provided in the Order is deemed correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer immediately upon receipt, by electronic mail to the Buyer's email address specified in the User Account or in the Order (hereinafter the "Buyer's Email Address").

3.6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, expected transport costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).

3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), which the Seller sends to the Buyer by electronic mail to the Buyer's Email Address.

3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer in using remote communication means in connection with concluding the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer themselves, and these costs do not differ from the basic rate.

4. Price of Goods and Payment Terms

4.1. The price of the goods and any costs associated with the delivery of goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:

- in cash on delivery at the place specified by the Buyer in the Order,

- By bank transfer to the seller's account no. 281925738/0300, held with ČSOB (hereinafter referred to as the "seller's account");

- Cashless payment via a payment system [………..];

- Cashless payment by credit/debit card.

4.2. Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is understood to include also the costs associated with the delivery of the goods.

4.3. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.

4.4. In the case of payment in cash or payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the Purchase Contract.

4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.

4.6. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the Order (Article 3.6), to demand payment of the full purchase price before the goods are dispatched to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other.

4.8. If it is customary in the course of trade or if it is provided for by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – an invoice – regarding payments made on the basis of the Purchase Contract. The Seller is not a value added tax payer. The tax document – invoice – shall be issued by the Seller to the Buyer after payment of the purchase price and sent in electronic form to the Buyer's Email Address.

4.9. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller must record the received payment with the tax administrator online; in the event of a technical failure, this must be done no later than within 48 hour

5. Odstoupení od kupní smlouvy

5.1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract for the supply of goods that have been customized according to the Buyer's wishes or for their person, from a Purchase Contract for the supply of perishable goods, as well as goods which, after delivery, have been irreversibly mixed with other goods, from a Purchase Contract for the supply of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygienic reasons, and from a Purchase Contract for the supply of an audio or video recording or a computer program if the Buyer has damaged their original packaging.

5.2. Unless it is a case referred to in Article 5.1 or another case where withdrawal from the Purchase Contract is not possible, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, in accordance with Section 1829 (1) of the Civil Code, and if the subject of the Purchase Contract consists of several types of goods or the delivery of several parts, this period runs 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. For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which is an annex to the Terms and Conditions. The Buyer may send withdrawal from the Purchase Contract, among other things, to the Seller's business address or to the Seller's email address info@bohemicadesign.eu.

5.3. In case of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by regular postal means due to their nature.

5.4. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the money received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract, in the same manner as the Seller received it from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already upon the return of the goods by the Buyer or otherwise, provided that the Buyer agrees to this and no additional costs are incurred 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 or proves that the goods have been sent to the Seller.

5.5. The Seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.

5.6. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, cashless to the account designated by the Buyer.

5.7. If a gift is provided to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the donation agreement regarding such a gift ceases to be effective, and the Buyer is obliged to return the gift together with the goods to the Seller.

6. Shipping and Delivery

6.1. In the event that the method of shipping is agreed upon at the special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of shipping.

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, the Buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different way than stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with another method of delivery.

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 the event of any defects, to notify the carrier immediately. In the event of damage to the packaging indicating unauthorized entry into the shipment, the Buyer is not obliged to accept the shipment from the carrier.

6.5. Other rights and obligations of the parties in the transport of goods may be regulated by special delivery conditions of the Seller, if issued by the Seller.

7. Rights from Defective Performance

7.1. The rights and obligations of the contractual parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller is responsible to the Buyer that the goods are free from defects at the time of receipt. In particular, the Seller is responsible that at the time the Buyer received the goods:

7.2.1. the goods have the properties agreed upon by the parties, or if not agreed, they have the properties described by the Seller or manufacturer, or which the Buyer could expect based on the nature of the goods and advertising;

7.2.2. the goods are suitable for the purpose for which the Seller states they are intended, or for which such goods are usually used;

7.2.3. the goods conform in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model;

7.2.4. the goods are in the appropriate quantity, extent, or weight; and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions in 7.2 do not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear caused by normal use, to used goods with wear corresponding to prior use, or if it follows from the nature of the goods.

7.4. If a defect manifests within six months of receipt, it is presumed that the goods were defective at the time of receipt. The Buyer is entitled to assert rights for a defect in consumer goods within 24 months of receipt.

7.5. Rights from defective performance are exercised by the Buyer at the Seller's business address where it is possible to accept a complaint, depending on the assortment of goods, or at the Seller's registered office or place of business.

7.6. Additional rights and obligations related to the Seller's liability for defects may be regulated by the Seller's complaint policy.

8. Other Rights and Obligations of the Parties

8.1. Ownership of the goods passes to the Buyer upon full payment of the purchase price.

8.2. The Seller is not bound to the Buyer by any codes of conduct under Section 1826 (1)(e) of the Civil Code.

8.3. Consumer complaints are handled by the Seller via the email address info@bohemicadesign.eu. The Seller shall send information regarding the resolution of the complaint to the Buyer's email address.

8.4. For out-of-court resolution of consumer disputes arising from the Purchase Contract, the competent authority is the Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, website: https://adr.coi.cz/cs. The online dispute resolution platform at https://ec.europa.eu/consumers/odr can also be used for disputes between the Seller and Buyer.

8.5. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, website: https://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and Council on online dispute resolution.

8.6. The seller is authorized to sell goods based on a trade license. The relevant trade office conducts inspections within its scope of authority. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, within its defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer assumes the risk of change of circumstances under Section 1765 (2) of the Civil Code.

9. Personal Data Protection

9.1. 9.1. The seller fulfills its information obligation toward the buyer pursuant to Article 13 of Regulation (EU) 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, hereinafter "GDPR"), related to the processing of the buyer's personal data for the purposes of fulfilling the purchase agreement, for the purposes of negotiating this agreement, and for the purposes of fulfilling the seller's public-law obligations, through a separate document.

10. Sending Commercial Communications and Cookies

10.1. The Buyer agrees to receive information related to goods, services, or the Seller's business to the Buyer's email address and agrees to receive commercial communications from the Seller. The Seller fulfills its GDPR information obligation related to processing the Buyer's personal data for commercial communications via a separate document.

10.2. The Buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the website and fulfill obligations without storing cookies, the Buyer may revoke this consent at any time.

11. Delivery

11.1. Delivery may be made to the Buyer's email address.

12. Final Provisions

12.1. If the Purchase Contract has an international (foreign) element, the parties agree that the relationship is governed by Czech law.

12.2. Choosing Czech law does not deprive the consumer of protection provided by mandatory legal provisions that cannot be contractually waived, which would otherwise apply according to Article 6 (1) of Regulation (EC) No. 593/2008 (Rome I).

12.3. If any provision of the Terms and Conditions is invalid or ineffective, a provision whose meaning most closely approximates the invalid one shall apply. The invalidity of one provision does not affect the validity of the others.

12.4. The Purchase Contract, including the Terms and Conditions, is archived by the Seller electronically and is not publicly accessible.

12.5. A sample form for withdrawal from the Purchase Contract is an annex to the Terms and Conditions.

12.6. Seller's contact information: delivery address Mračská 278, 257 22 Čerčany, Czech Republic, email info@bohemicadesign.eu, phone +420603213636.

Prague, 8 August 2025