Terms and Conditions
1. PRELIMINARY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred as "Terms and Conditions") of private limited company Blindbox s.r.o., with a registered office at Evropská 645/96, Dejvice, Praha 6, 16000, Company ID No.: 03124070, registered in the Commercial Register maintained by the Regional Court in Prague, File No. C 227813 (hereinafter referred as "Seller") regulate the mutual rights and obligations arising in connection with or pursuant to the purchase agreement (hereinafter referred as "Purchase Agreement") concluded between the Seller and another natural or legal person (hereinafter referred as "Buyer") via the Seller's e-shop. The e-shop is operated by the Seller at the web address https://www.blindbox.cz via a web interface (hereinafter referred as "E-shop Web Interface").
1.2. The Terms and Conditions further regulate the rights and obligations of the parties in using the Seller's website located at https://www.blindbox.cz (hereinafter referred as "Website") and other related legal relationships. Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller, is ordering goods as part of their business activity.
1.3. Provisions deviating from the Terms and Conditions can be agreed upon in the Purchase Agreement. Different arrangements in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.
1.4. Provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and Terms and Conditions are written in the English language. The Purchase Agreement can be concluded in the English language.
1.5. The Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Upon registration of the Buyer on the Website, the Buyer can access their user interface. From its user interface, the Buyer may order goods (hereinafter referred as "User Account"). In case the E-shop Web Interface allows it, the Buyer can also order goods without registration directly from the E-shop Web Interface.
2.2. When registering on the Website and when ordering goods, the Buyer is obligated to provide correct and true information. The Buyer is obligated to update the data stated in the User Account in case of any change. The information stated by the Buyer in the User Account and when ordering goods is considered by the Seller to be correct.
2.3. User Account access is secured by username and password. The Buyer is obligated to maintain confidentiality regarding the information necessary to gain access to its User Account and acknowledges that the Seller is not responsible for the breach of this obligation by the Buyer.
2.4. The Buyer shall not allow third parties to use the User Account.
2.5. Seller may cancel a user account, especially if the Buyer does not use his User Account for more than 150 days, or when the Buyer violates his obligations under the Purchase Agreement (including Terms and Conditions).
2.6. Buyer acknowledges that the User Account may not be accessible continuously, especially with regard to the necessary maintenance of hardware and software of the Seller, or necessary maintenance of hardware and software of third parties.
3. CONCLUDING THE PURCHASE AGREEMENT
3.1. The E-shop Web Interface contains a list of goods offered by the Seller for sale, including the prices of individual products on offer. Prices of offered goods are final and including all related fees. The offer of sale of goods and the prices of those goods remain valid as long as they are displayed in the E-shop Web Interface. This provision does not limit the Seller's ability to close a Purchase Agreement under individually agreed conditions. All offers of sale of goods placed in the E-shop Web Interface are not binding and the Seller is not obligated to close a Purchase Agreement regarding these goods.
3.2. The E-shop Web Interface also contains information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of goods listed in the E-shop Web Interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.3. To order the goods, the Buyer completes the order form in the E-shop Web Interface. The order form contains especially information about:
- ordered goods (the Buyer adds the ordered goods into the electronic shopping cart of the E-shop Web Interface).
- the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods.
- costs associated with the delivery of goods (hereinafter referred as "Order").
3.4. Before submitting the Order to the Seller, the Buyer is allowed to check and change the information entered into the Order by the Buyer, even with regard to the Buyer's ability to detect and correct errors in the information entered into the Order. The Buyer sends the Order to the Seller by clicking on the "BINDING ORDER" button. The data listed in the Order are considered correct by the Seller. Seller immediately upon receiving the order confirms this receipt to the Buyer by email to the e-mail address of the Buyer stated in the user interface or in the Order (hereinafter referred as "Buyer's E-mail Address").
3.5. Depending on the nature of the Order (quantity of goods, purchase price, estimated delivery costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example in writing or by phone).
3.6. The contractual relationship between the Seller and the Buyer arises from the delivery of the Order (acceptance) sent to the Buyer by e-mail to the Buyer's E-mail Address.
3.7. The Buyer acknowledges that the Seller is not obligated to conclude a Purchase Agreement, especially with persons who have previously substantially breached the Purchase Agreement (including Terms and Conditions).
3.8. The Buyer agrees to the use of distance communication in concluding the Purchase Agreement. Costs incurred by the Buyer in the use of distance communication means in relation with the conclusion of the Purchase Agreement (costs of internet connection, costs of phone calls) shall be paid by the Buyer himself.
4. PRICE OF GOODS, PERSONAL COLLECTION AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
- cashless bank account transfer.
- cashless online credit card (ThePay service).
- cashless internet banking (selection via ThePay service).
- cash on delivery to the carrier (Zasilkovna, PPL or GLS).
4.2. Together with the purchase price, the Buyer is also obligated to pay the Seller the costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods.
4.3. In case of cash payment or cash on delivery, the purchase price is due upon receipt of the goods.
4.4. In the case of cashless payment, the Buyer is obligated to pay the purchase price of the goods together with the inclusion of the variable payment symbol. In the case of cashless payment, the Buyer's obligation to pay the purchase price is concluded at the moment the relevant amount is credited to the Seller's account.
4.5. In the case of personal collection, the Buyer is obligated to collect the goods at the selected store within two days of obtaining the delivery e-mail. Unpaid goods will be returned to circulation after this time expires and the Order will be cancelled.
4.6. The Seller is entitled, especially in the event the Buyer does not additionally confirm the Order, to demand payment of the entire purchase price before dispatching the goods to the Buyer.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be mutually combined.
4.8. If it is customary in the course of transaction or if it is stipulated by generally binding legal regulations, the Seller shall issue an invoice to the Buyer regarding payments made according to the Purchase Agreement. The invoice shall be issued by the Seller to the Buyer after the payment of the price of the goods is concluded and will be sent via e-mail to the Buyer's E-mail Address.
4.9. According to the Act on Registration of Sales the seller is obligated to issue a receipt to the Buyer. At the same time, he is obligated to register the recieved sales with the tax administrator online; in case of technical failure within the next 48 hours at the latest.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The consumer has the right to withdraw from the Purchase Agreement within fourteen days from the date of Order fulfillment, typically within fourteen days from the day when the goods are delivered to him. The possibility of withdrawing from the concluded Purchase Agreement within this period is suspended, for example, if the delivered goods were modified according to his requirements.
The Purchase Agreement can only be withdrawn if the following conditions are met:
- The goods must be complete, unused and undamaged, appropriate for resale. In the case of a blindbox package, the Buyer must preserve the original, intact and non-opened packaging. Otherwise, the Seller deducts a proportion of the refundable amount, see 5.2.
- You send the goods within 14 days of it’s reception.
- The returned package must be include a copy of the issued invoice.
- We only refund the cost of the goods, not the expenses of the return postage paid by you.
- Always inform us about returning the goods at firstname.lastname@example.org
- In no case send the goods as cash on delivery. It won't be recieved.
- The refundable amount will be paid to the Buyer's bank account within 14 working days from receiving the returned goods.
5.2. The Buyer acknowledges that if the goods returned by the Buyer is damaged, worn or partially consumed, the Seller shall be entitled to compensation for the damage incurred by the Buyer. The Seller is entitled to unilaterally set off the claim for damages against the Buyer's claim for refund of the purchase price. Similarly, the Seller is entitled to unilaterally set off the right to a contractual fine according to the Terms and Conditions against the Buyer's claim for the refund of the purchase price.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. The method of delivery of the goods is determined by the Seller, unless stipulated otherwise in the Purchase Agreement. If the method of delivery is agreed upon by the Buyer’s request, the Buyer bears the risk and any additional costs associated with this method of delivery.
6.2. If the Seller is obligated by the Purchase Agreement to deliver the goods to the location specified by the Buyer in the Order, the Buyer is obligated to accept the goods upon delivery. If the Buyer does not accept the goods at delivery, the Seller is entitled to withdraw from the Purchase Agreement.
6.3. In the event that the goods must be delivered repeatedly or in any other way than stated in the Order for reasons caused by the buyer, the Buyer is obligated to pay the costs associated with repeated delivery of the goods, respectively costs associated with other means of delivery.
6.4. Upon receipt of the goods from the carrier, the Buyer is obligated to check the integrity of the package and in case of any defects immediately notify the carrier. In case of a breach of the packaging indicating an unauthorized intrusion into the package, the Buyer is not obligated to accept the delivery from the carrier. By signing the delivery form, the Buyer confirms that the delivery of goods has met all the conditions and requirements and that any subsequent complaints regarding the breach of the package shall not be taken into account.
6.5. Other rights and obligations of the parties participating in the transport of the goods may be modified by the delivery terms of the Seller.
6.6. Cash on delivery only aplies for the region of Czech Republic.
6.7. In cases of cash on delivery we usually dispatch the goods within two business days.
7. LIABILITY FOR DEFECTS, WARRANTY, COMPLAINTS, OUT-OF-COURT SETTLEMENTS
7.1. The rights and obligations of the contracting parties regarding the liability of the Seller for defects, including the warranty liability of the Seller, are governed by the relevant generally binding regulations (especially the provisions of § 612 et seq. of the Civil Code).
7.2. The Seller is responsible to the Buyer for the fact that the sold item is in compliance with the Purchase Agreement, especially that it is defect-free. Agreeing to the Purchase Agreement is understood to mean that the item being sold is of such a quality and has such properties as the vendor, the manufacturer or his representative implicitly state in the purchase agreement, or what they claim in the product’s advertisements. It must be of such quality and properties that are normally expected for the item, the item must comply with all legal requirements, be of the required quantity, dimensions or weight, and the item must correspond with either the purpose claimed by the vendor or the purpose for which it is normally used.
7.3. In the event that the item is not in agreement with the Purchase Agreement upon receipt by the Buyer (hereinafter referred as the “Breach of Purchase Agreement”), the Buyer has the right to have the Seller, without charge and without unnecessary delay, bring the item to the condition corresponding to the Purchase Agreement based on Buyer’s request either by exchange or repair; if this is not possible, the Buyer may request a reasonable discount on the price of the item or withdraw from the Purchase Agreement. This does not apply in case the Buyer knew about the Breach of Purchase Agreement before the receipt of the item or if the Buyer himself caused the Breach of Purchase Agreement. Breach of Purchase Agreement that occurs within six (6) months from the date of receipt of the item shall be considered as a breach that existed during the receipt if it does not contradict the nature of the matter or unless the contrary is proven.
7.4. In the case of items that are used and spoil quickly, the Seller is liable for defects that appear to be in Breach of the Purchase Agreement after the receipt of the item during the warranty period.
7.5. Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty liability, shall be exercised by the Buyer at the Seller's branch address or at the Seller's e-mail address email@example.com.
7.6. Please use the following claim form (PDF) in case of goods complaint.
7.7. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Praha 2, ID : 00020869, www.coi.cz, is responsible for the out-of-court settlement of consumer disputes from the Purchase Agreement. Rules for the procedure for out-of-court settlement of consumer disputes can be downloaded here (PDF).
8. OTHER RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the entire purchase price of the goods.
8.2. The Buyer acknowledges that the software and other components of the E-shop Web Interface (including photos of the goods offered) are protected by copyright. The Buyer commits not to engage in any activity that might allow him or any third party unauthorize interference or unauthorize use of the software or other components of the E-shop Web Interface.
8.3. When using the E-shop Web Interface the Buyer is not entitled to use mechanisms, software or other procedures that could negatively affect the operation of the E-shop Website Interface. E-shop Web Interface can only be used to the extent that it is not at the expense of the rights of other customers of the Seller and which is in accordance with its designed purpose.
8.4. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 53(a) para. (1) of the Civil Code.
8.5. The Buyer acknowledges that the Seller is not liable for any errors arising as a result of third party interference with the Website or as a result of using the Website in violation of it’s purpose.
9.2. We find your satisfaction with the purchase by means of e-mail questionnaires as a part of the program Verified by Customers, in which our e-shop is involved. We send the questionnaire to you every time you make a purchase from us, unless under the Section 7 (3) of Act No. 480/2004 Coll. on Certain Information Society Services, you do not refuse to recieve our business communications or withdraw your previously granted consent. For sending questionnaires, evaluating your feedback and analyzing our market position, we use the processor, which is the operator of the portal Heureka.cz; in doing so, we may transfer the information about the purchased goods and your email address for these purposes.
10.1. Unless agreed otherwise, all correspondence related to the Purchase Agreement must be delivered to the other party in writing, either by e-mail, in person or by registered post through the postal service provider (as selected by the sender). The Buyer recieves the corespondence at the e-mail address stated in his is User Account.
10.2. The message is delivered:
- in the case of e-mail delivery at the time of its receipt to the incoming mail server; the integrity of e-mail messages may be secured by a certificate,
- in the case of delivery in person or via the postal service operator by receipt of the consignment by the addressee,
- in the case of delivery in person or via the postal service operator also by refusing to take over the consignment, if the addressee (or the person authorized to recieve the consignment for him) refuses to accept the consignment,
- in the case of delivery via the postal service operator, the ten (10) days from the date of deposit of the consignment and providing the notice to the addressee to receive the stored consignment, if the consignment is deposited with the postal service operator, even if the addressee has not learned about the deposit.
11. FINAL PROVISIONS
11.1. If the relationship related to the use of the Website or the legal relationship established by the Purchase Agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding regulations.
11.2. The Seller is entitled to sell the goods on the basis of a trade license and the Seller's activities are not subject to any other authorization. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office.
11.3. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, instead of the invalid provision, a provision whose meaning to the invalid provision is as close as possible becomes applicable. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the Purchase Agreement or Terms and Conditions require written form.
11.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.5. Contact details of the Seller:
- Address for mail delivery: Blindbox s.r.o., Evropská 645/96, Dejvice, Praha 6, 16000
- Address for receiving complaints and refunds: Blindbox s.r.o., Radlická 3179/1E, Praha 5, 15000.
E-mail address firstname.lastname@example.org