Terms and Conditions

1. Introductory provisions

These Terms and Conditions of Business of the company BENY, spol. s r.o. with registered office at 801/52 Václavské nám., Prague 1, ID No.: 63670992, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 37932 (hereinafter referred to as the "Seller"), regulate in accordance with the provisions of § 1751 of Act No. 89/2012 Coll, 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 concluded between the Seller and the Buyer at the Seller's premises or through a means of distance communication, e.g. telephone, electronic mail or the Seller's online shop, which is operated on the website www.beny.cz (hereinafter referred to as the "Website").
Provisions deviating from the Terms and Conditions may be agreed in the purchase contract. The deviating provisions in the purchase agreement take precedence over the provisions of the terms and conditions.
The terms and conditions are an integral part of the purchase contract. The contract of sale and the terms and conditions are drawn up in the Czech language.

2. User account

In the case of concluding a purchase contract via the website, the following provisions of Article 2 of the Terms and Conditions apply.
On the basis of the Buyer's registration on the website, the Buyer may enter his/her user interface (hereinafter referred to as "user account"). From his/her user account, the Buyer may place orders for goods. If the Website allows it, the Buyer can order goods without registering directly from the Website.
When registering on the Website and ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update these data at any change in them. The information provided in the user account and when ordering goods is considered by the seller to be correct. Incorrectness and incompleteness of the data is the responsibility of the buyer.
Access to the user account is secured by a user name and password. The Buyer is obliged not to disclose his/her access data and not to allow third parties to use the user account and acknowledges that the Seller is not liable for breach of this obligation.
The Seller is entitled to cancel the user account, especially if the Buyer does not use his/her user account for more than 1 year or if the Buyer violates his/her obligations under the purchase agreement (including the terms and conditions).
The Buyer acknowledges that the user account may not be available continuously, especially with respect to the necessary maintenance of the Seller's hardware and software.

3. Conclusion of the purchase contract

The Purchase Contract may be concluded (i) at the Seller's premises or (ii) by any means of remote communication. When concluding the Purchase Contract by means of remote communication, the Buyer is obliged to provide all information correctly and truthfully. Incorrect and incomplete information is the responsibility of the buyer.
The buyer, who is a legal or natural person over 18 years of age, is entitled to conclude the purchase contract due to the value of the goods.
The Seller points out that all presentation of the goods placed on the website is of an informative nature and the Seller is not obliged to conclude a purchase contract in respect of these goods. Section 1732(2) of the Civil Code shall not apply. The Seller also warns that the colours of the products displayed on the website may differ from the actual design due to the light during photography.
The website contains information about the goods, and this includes the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The Buyer hereby acknowledges that the website is displayed in online mode, which may cause prices as well as stock levels to change from time to time until the time of conclusion of the purchase contract.
The price information on the website does not exclude the possibility of concluding a purchase contract on individually agreed terms.
The website also contains information about costs associated with packaging and delivery of the goods. This information is only valid in cases where the goods are delivered within the territory of the Czech Republic.
In the case of concluding a purchase contract via the website, the buyer fills in the order form on the website, where the order form contains in particular information about the goods ordered, which the buyer inserts into electronic shopping cart, the method of payment of the purchase price of the goods, information about the desired method of delivery of the ordered goods and information about the costs associated with delivery of the goods (hereinafter referred to as "order"). Before sending the Order to the Seller, the Buyer is allowed to check and change the data he has entered into the Order, and this includes the Buyer's ability to correct errors arising during data entry into the Order. The buyer sends the order to the seller by clicking on the send button. The data provided in the order are considered by the seller to be correct. The Seller shall confirm this fact to the Buyer immediately after receipt of the order by e-mail to the Buyer's e-mail address specified in the user account or on the order.
The Buyer acknowledges that upon receipt of the goods, the Seller or the carrier or any other entity delivering the goods to the Buyer is entitled to check the identity for the purpose of verifying the age and identity of the Buyer.
In the event that the Seller becomes suspicious of the authenticity and seriousness of the order, and/or of the identity and age of the Buyer, the Seller is entitled to contact the Buyer to verify the order.
The contractual relationship between the seller and the buyer arises in the case of a purchase contract concluded via the website by delivery of the order confirmation (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address specified in the order. If the purchase contract is concluded by other means of communication at a distance or at the Seller's premises, it is concluded by unconditional acceptance of the offer, unless otherwise agreed between the Buyer and the Seller. In the case of concluding the purchase contract via a telephone call, the seller will send the buyer the offer in text form.
In case of the buyer's choice, the buyer agrees to the form of communication means at distance when concluding the purchase contract. The costs incurred by the buyer in the use of remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls, SMS messages) shall be borne by the buyer himself, and these costs shall not differ from basic rates.
If the goods subject to the purchase contract are also supplied by the manufacturer with the original packaging, this packaging is also subject to the purchase contract.
In some cases, the Seller allows the Buyer to reserve the selected goods prior to the conclusion of the purchase contract, always under prearranged conditions.

4. Price of goods and payment terms

The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways: a) in cash or by credit card at the seller's premises b) in cash or by credit card on delivery on receipt of the goods in cases of purchased goods with a value of less than 150.000,- CZK c) by cashless transfer to the seller's account no. 112634630/0300 kept at Československá obchodní banka, a. s. in case of payment in CZK or to the account no. 167446071/0300 in case of payment in EUR d) by cashless payment card
Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging, insurance and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of the goods.
The buyer is always obliged to pay the full purchase price before delivery of the goods. the goods remain the property of the Seller until the purchase price is paid in full, but the risk of damage to the goods passes upon acceptance of the goods by the Buyer.
In case of conclusion of the purchase contract at the Seller's premises, the purchase price is payable immediately upon conclusion of the purchase contract. In the case of conclusion of the purchase contract by means of remote communication, the purchase price is payable within three days of the conclusion of the purchase contract, unless otherwise agreed, or if payment by cash on delivery is chosen, upon delivery of the goods.
If the purchase price is not paid by the due date, the customer loses the order of the parties to deliver the ordered goods and the delivery period specified in the purchase contract is cancelled.
In the case of non-cash payment, the Buyer is obliged to indicate the variable symbol, which is the number of the tax document or the number of the proforma invoice, if no invoice is issued on the date of payment, or the order number. the Buyer's obligation in the case of non-cash payment is fulfilled at the moment of crediting the relevant amount to the Seller's account.
Any discounts announced by the Seller on the price of the goods cannot be combined with each other.
The Buyer will receive the receipt and the tax document or simplified tax document (i) in printed form at the time of handover of the goods, in the case of conclusion of the purchase contract in the Seller's premises; or (ii) electronically to the e-mail specified by the Buyer in the case of conclusion of the Purchase Contract via one of the means of communication at a distance.

5. Withdrawal from the purchase contract by the buyer

In the event that the purchase contract is concluded by means of distance communication and the buyer is a consumer within the meaning of § 419 of the Civil Code, the buyer has the right to cancel the contract in accordance with § 1829 para. 1 of the Civil Code, the buyer has the right to withdraw from the purchase contract within 14 days from the receipt of the goods, whereas if the subject of the purchase contract is several types of goods or the delivery of several parts, the time limit 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. The Buyer may send the withdrawal from the Purchase Contract to the Seller's registered office or to the email address info@beny.cz.
In the event of withdrawal from the purchase contract pursuant to Article 5.1 of the Terms and Conditions, the purchase contract shall be cancelled from the beginning. The goods must be returned to the Seller within 14 days from the delivery of the withdrawal from the contract to the Seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods, even in the case where the goods cannot be returned due to their nature by the usual postal route.
In the event of withdrawal from the purchase contract according to article 5.1. of the terms and conditions, the seller shall refund the purchase price paid. The Seller is not obliged to return the received funds to the Buyer before the goods are returned to him by the Buyer.
Goods that have been delivered on the basis of a contract from which the Buyer intends to withdraw pursuant to 5.1 of the Terms and Conditions may not be used to a greater extent than is necessary for the Buyer to become familiar with the nature, characteristics and functionality of the goods. In order to become familiar with the nature, characteristics and functionality of the goods, the buyer should only handle and inspect them in a manner that would be possible in the shop. In particular, due to the value of the goods, during the withdrawal period of the purchase contract, the buyer should treat the goods properly, otherwise he is liable to pay for damages caused by a higher than stated degree of use of the goods. In particular, the buyer is not entitled to remove protective films and other protective elements placed on the goods. The buyer bears the risk of damage to returned goods until the moment of handover to the seller, i.e. including transport if the goods are sent via a third party.
The Buyer is obliged to return the goods in original undamaged packaging, if supplied, which is part of the goods and which also serves as protection against damage, as well as with protective foils, if they were placed on the goods.
The Buyer is entitled to use the sample withdrawal form published on the Seller's website https://www.beny.cz/vraceni-zbozi.html in case of withdrawal from the Purchase Contract pursuant to paragraph 5.1 of the Terms and Conditions.
The Seller is entitled to unilaterally set off the claim for payment of damage to the goods against the Buyer's claim for refund of the purchase price.
The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for delivery of goods that have been manufactured or customized according to the Buyer's wishes or for his person, from purchase contract for the delivery of goods in sealed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not appropriate to return it, and from the purchase contract for the delivery of an audio or visual recording or computer program, if the consumer has broken their original packaging. Furthermore, the purchase contract cannot be withdrawn from if the goods delivered, including the original packaging if delivered, are damaged.
If the goods are purchased at the seller's premises and/or if the buyer is not a consumer within the meaning of Section 419 of the Civil Code, the purchase contract cannot be withdrawn from within the meaning of Article 5(1) of the Terms and Conditions, nor can the goods be replaced. This does not affect the buyer's claims for defective performance.
If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a condition precedent. If the buyer withdraws from the contract of sale, the gift contract shall cease to be effective in respect of such gift and the buyer shall be obliged to return the gift together with the goods to the seller.

6. Withdrawal from the purchase contract by the seller

The Seller shall be entitled to withdraw from the Purchase Agreement in the event of a breach of the Buyer's obligation under the Purchase Agreement in a material way, in particular, but not exclusively, from the Buyer's failure to pay the purchase price of the goods within the agreed due date, the Buyer's delay in accepting the goods or the Buyer's delay in accepting the goods after the Seller has settled the complaint.
The Seller is also entitled to withdraw from the purchase contract in case of stock-out or loss of the Seller's ability to perform (goods are not delivered by the Supplier, there has been a significant change in the price charged by the Supplier, etc.). The Seller also reserves the right to limit the number of units of the same product sold to one person.
The Seller shall be entitled to withdraw from the purchase contract in case the Buyer is under 18 years of age or if it is not possible to verify his/her age and identity. In such a case, the goods will not be delivered to the buyer and the seller will withdraw from the purchase contract.
The Seller is also entitled to withdraw from the purchase contract in the event that it is not possible to verify the authenticity and seriousness of the Buyer's will to conclude the purchase contract and perform the obligation arising from it.
The Seller is also entitled to withdraw from the purchase contract concluded with the Buyer (I.) in the case of an obvious error in the price of the goods, which means in particular, but not exclusively, cases where the price of the ordered goods is obviously different than the usual price for this type and type of goods, without the said goods clearly indicating that it is a discount or promotion and (II.) in the case of obvious clerical errors affecting the essential elements of the contract of sale.
The Seller shall be entitled to withdraw from the purchase contract within the meaning of this Article 6 of the Terms and Conditions within 14 days from the day following the date of conclusion of the purchase contract between the Seller and the Buyer.
If the Buyer has already paid at least part of the purchase price of the goods, this amount will be transferred back to the Buyer's bank account no later than 14 days after the day following the date of withdrawal from the purchase contract by the Seller. The Seller shall refund the price after the goods have been returned, if they have already been delivered.
The Seller reserves the right to declare the purchase contract null and void, in particular, but not exclusively, if there is misuse of personal data, IČO/IČO data, misuse of credit card, etc., or due to the intervention of an administrative or judicial authority, in which case the Buyer will be informed of such action. The Buyer acknowledges that in the aforementioned case the purchase contract cannot be validly formed and at the same time that the Seller is entitled to demand, among other things, the release of unjustified enrichment within the meaning of § 2991 and following of the Civil Code.

7. Transport and delivery of the goods

If the Buyer requests a special method of transport of the ordered goods, the Buyer shall bear the risk and costs associated with this method of transport.
If the seller is obliged under the purchase contract 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.
In the event that for reasons of the buyer there is a need 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 repeated delivery of the goods.
Upon receipt of the goods from the carrier, the Seller recommends the Buyer to check the integrity of the packaging of the goods and in case of any defects, to notify the carrier immediately. In the event of a breach of the packaging indicative of unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier.
Other rights and obligations of the parties in transporting the goods may be regulated by special delivery conditions, if issued by the seller.
The Buyer acknowledges that the goods will only be handed over after full payment of the purchase price.

8. Rights and obligations from defective performance

The rights and obligations of the contracting parties regarding the rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code) and are specified in the Complaints Procedure (https://www.beny.cz/reklamacni-rad.html), which is an integral part of these terms and conditions. a) the goods have the characteristics agreed by the parties, if there is no such agreement, they have the characteristics described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of the advertising carried out b) they are suitable for thethe purpose for which the buyer states for its use or for which it is normally used c) the goods are of the quality or workmanship of the item, in the appropriate quantity measure or weight d) the goods comply with the requirements of the law.
The seller is liable to the buyer for the fact that the goods are free from defects on receipt. In particular, the seller is liable to the buyer for the fact that at the time the buyer took over the goods:
The provisions set out in Article 8.2. shall not apply to goods sold for a lower price for a defect for which the lower price was agreed, for used goods for a defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, obvious or resulting from the nature of the goods.
If the defect manifests itself within one (1) year from receipt, the goods shall be deemed to have been defective upon receipt, unless the contrary is proved or the nature of the goods contradicts this. The buyer is entitled to claim the right from defects that occur in the goods within two (2) years from acceptance.

9. Other rights and obligations of the parties

The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
The Seller shall be entitled to investigate suspicious orders of goods, in particular, but not exclusively, if they deviate from the ordering method, the data provided, the quantity of goods requested or the modification of the goods according to the Buyer's wishes.
Consumer complaints are handled by the Seller via the electronic address info@beny.cz. The Seller sends information about the handling of the complaint to the Buyer's electronic address.
If the Seller provides after-sales service for any goods, the Customer will be informed about this.
The Czech Trade Inspection Authority (Czech Trade Inspection Authority, Štěpánská 567/15, Prague 2) is competent for the out-of-court settlement of consumer disputes arising from a purchase contract. Email: adr@coi.cz, Website: adr.coi.cz
The seller is entitled to sell goods on the basis of a trade licence.

10. Personal data protection

Protection of personal data of the buyer, who is a natural person, is provided in particular by Act No. 110/2019 Coll, 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, repealing Directive 95/46/EC ("GDPR"), and Act No. 480/2004 Coll., on certain information society services, as amended.
The Buyer acknowledges the processing of his/her personal data: name and surname, residential address, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as personal data), for the purpose of exercising the Seller's rights and obligations under the Purchase Agreement and for the purpose of maintaining the User Account, as well as for the purpose of protecting the Seller's rights and legitimate interests. For more information on the processing of personal data, please visit https://www.beny.cz/ochrana-osobnich-udaju.html. The Seller declares that it processes personal data in accordance with the PPL and the relevant EU legislation, using appropriate technical, organisational and security measures.
The buyer as data subject has the right to free information regarding the processing of his stored data. Subject to compliance with the requirements set out in generally binding legal regulations, he also has (i) the right to access to his personal data, (ii) the right to rectification of inaccurate personal data, (iii) the right to restriction (blocking) of the processing of his personal data, (iv) the right to object to the processing of his personal data for this purpose, (v) the right to erasure of personal data, in particular if they are no longer necessary for the purposes for which they were collected or otherwise processed or if you have withdrawn your consent to their processing and if there is no other legal basis for processing, or if the personal data are processed unlawfully. Similarly, the purchaser as a data subject also has the right to data portability, i.e. the right to obtain his/her personal data, which he/she has voluntarily provided to the controller, in electronic form, in a structured, commonly used and machine-readable format and in this context, he/she may exercise his/her right to transfer these data to another controller, if such transfer is technically possible (right to data portability).
The Seller informs the Buyer of the following contact details to enable the Buyer to contact the Seller as a controller: - in writing to BENY, spol. s r.o. Václavské nám. 801/52, Prague 1, 110 00 - in writing via email address: info@beny.cz - by phone at +420 222 210 045
The Buyer as a data subject has the right to lodge a complaint with the supervisory authority, which is the Office for Protection of Personal Data of the Czech Republic, Pplk. Sochora 27, 170 00 Prague 7, if he suspects that his personal data is processed in violation of applicable legislation.
If the buyer requests information about the processing of his/her personal data, the seller is obliged to provide him/her with this information. The Seller has the right to charge a reasonable fee for the provision of the information referred to in the previous sentence.

11. Final provisions

If the relationship established by the Purchase Agreement contains a foreign element, the parties agree that the relationship is governed by Czech law and any disputes will be resolved by the competent courts in the Czech Republic. This is without prejudice to the consumer's rights under generally binding regulations.
If any provision of the Terms and Conditions is invalid or ineffective, the invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and additions to the contract of sale or terms and conditions require a written form. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

These terms and conditions are effective from 24.01.2023