E-shop
Užitečné informace
Business Conditions
Business Conditions
1. Defining terms
- The supplier is BENJAMÍN s.r.o., Hradišťská 849, 687 08 Buchlovice, IČ 25523414, DIČ CZ25523414, registered in The Business Register kept at the Regional Court Brno - section C, insert 29849.
- A consuner is a person who does not deal in terms of his or different business activity during making and executing a contract and he uses purchased goods for different purposes than for business. ( Buying consumer )
- The buyer, who buys products or uses services for purpose of his trading with these products, obeys Business Conditions within the range, which refers to him, and commercial code. Consequently a businessman or a physical entity is a person who uses purchased goods for business purposes including persons who buy "to IČO" ( Buying businessman)
2. Regulations common to buying consumers and buying businessmen
Order
The buyer can order offered goods by the help of an internet order. After the order is received, the buyer will immediately obtain confirmation, which will contain all obligatory data according to legislation.
Price of goods
The price of goods includes 20% VAT. If rate of VAT changes, it will be mentioned in final price for the buyer. The price of goods delivered within the Czech Republic and Slovakia does not include transport. If the goods are sent abroad (except CZ and SK) and the price is in currency of an appropriate foreign country, the price generally includes transport within the country if it is not specified.
Payment Conditions
Buying businessmen and consumers can pay for goods either in form of the cash on delivery or the cashless payment.
Term of expiration is 10 days from taking goods for state organizations. Part payment will include no increase.
Delivery term
Ordinary delivery term for orders sent by Czech post is from 2 to 4 weeks. Stored goods sent by transport services are delivered to 48 hours.
From November to January the delivery term depends on amount of received orders. Delivery times of furniture and garden equipment is determined individually and is confirmed by an e-mail or by post. The delivery term of garden items depends on weather. (outdoor temperature must be over 5°C)
Postage and transport of goods
Purchased goods are delivered either by mail-order PPL or by our own transport service of Benjamin, s.r.o. company.
The price of goods delivered within the CZ and Slovakia will be always introduced to the buyer before receiving an order and will depend on its dimension and distance. The way of delivery is chosen according to size and risk of damage of products.
Prices of transport:
If price of ordered toys is higher than 5,000 Kč (220 Euros in Slovakia)= FREE delivery
Other orders:
|
The Czech Republic in CZK: |
Slovakia in Euros: |
||||||||||||||||
|
|
Assembly of furniture and gardens
If the buyer ordered goods which including assembling, he has to clear space where the goods ( generally furniture) should be placed ( if the clearance of the space is not a part of delivery). Laying out the goods (furniture/garden) follows a project which has been made by our salesman who is also responsible for its accuracy. Of course the project is discussed with the buyer in advance. Possible changes in laying out the goods (furniture/garden) must be arranged in advance and in writing.
Taking-over goods
If the goods are delivered by the Czech Post, it is necessary to check it properly before acceptance and to find out possible damage. If any trouble occurs, the buyer should unpack the parcel in the presence of a carrier and immediately write a report about goods damaged by transport. The carrier is responsible for quality of transported goods. If the goods are delivered by the mail - order, the buyer will get information about transport in advance. Also in this case the buyer has to check the goods properly and write possible troubles on a delivery note.
Delivery and assembly of garden equipment - the product will be handed by a completion certificate. Guarantee of assembly will be given only if the product is assembled by our contract partner.
Protection of personal information
Information about the buyers is kept in accordance with Act No101/2000, the Protection of Personal Information Act. The provider is obliged to handle this information in accordance with legal regulations, use it only when necessary and within the scope necessary to achieve the purpose for which it was provided, and in such a way to prevent any harm to the person concerned. The only exception is external transporter which is given only minimum information necessary for delivery of goods without any problems.
3. Provisions for the buying businessmen
Order cancellation
The buying businessman has a right to cancel a contract of purchase after written agreement with a seller. However a product must not be damaged and should be originally packed. Right to cancel the contract in appropriate time does not refer to the goods which were customized, to used art material and magazines. In case of cancellation of the contract the supplier has right to obtain costs of return transport of goods. The supplier is bound to refund payment (advance payment) to the buying businessman to 30 days at latest since following day after day when the cancellation of an order was delivered to the supplier.
Guaranty time
The supplier provides guarantee for particular kinds of goods in term of:
Furniture 5 years
Gardens 5 years
Toys 3 years
Other products 2 years, if a product is not under different conditions
After finishing the guaranty time we offer service for all our products.
Complaint procedure
Guarantee complaint is a complaint where it is obvious that the goods were not damaged by mishandling, i.e. using a product for different purposes than it is intended for, applying excessive force, wrong treatment, manipulation with the product etc.
Complaint procedure applied in legal guarantee time:
- The complaint can be lodged by letter or by e - mail servis@benjamin.cz. Send the goods with any document which proves the date of its purchase. Send it as a registered parcel (not cash on delivery) to our address.
The complaint must be lodged in written way. The written document should contain:
- written and numeral title of the product
- exact description of defect and circumstances of the defect
- contacts: name, surname, e-mail, phone number
- date of purchase and invoice number
After receiving the written document the buyer will be contacted by an appropriate delivery worker and they both will agree procedure which will lead to successful settlement of a claim.
An order is made according to the latest catalogue. Change of construction, which does not affect appearance or function of a product, does not entitle the buyer to objections or claims.
4. Provisions for the buying consumers
Contract cancellation
In accordance with legal regulations ( §53 Act no. 40/1964 Sb. of Civil Code) the buying consumer has right to cancel the contract (i.e. return the goods) up to 14 days after taking-over the goods without giving reason and without any sanction (penalty etc.). Regular contract cancellation means to deliver an announcement about cancelling the contract in the term mentioned above in form of a registered letter to an address of a supplier.
Consequence of contract cancellation is duty of both subjects to return everything that was given according to a cancelled contract. If the buying consumer is not able to return goods (he does not have the given goods) or its value is reduced by partial using or working out, returned purchase price will be reduced according to goods´ depreciation. Purchase price (eventually its reduced part) will be given back to the buying consumer up to 30 days since cancelling the purchase contract.
The only costs, which must be covered by the buying consumer, are actual expenditures connected with returning goods (postage, transport).
Goods complaint
Duration of legal guaranty time for all purchased goods is 24 months. Goods complaint in this period is the same as at shopping in an ordinary shop. Legal guarantee does not refer to defects which were caused by ordinary depreciation, mechanical damage, improper use etc.
Moreover we provide above standard guaranty time to particular goods (s. Provisions for the buying businessmen, Guarantee time). Complaints in this period, i.e. after expiration of compulsory guarantee, follow the same conditions as in parts of Provisions for the buying businessmen, Complaint procedure.
Complaint procedure applied in legal warranty:
- The complaint can be lodged by letter or by e - mail servis@benjamin.cz . Send the goods with any document which proves the date of its purchase. Send it as a registered parcel (not cash on delivery) to our address.
The complaint must be lodged in written way. The written document should contain:
- written and numeral title of the product
- exact description of defect and circumstances of the defect
- contacts: name, surname, e-mail, phone number
- date of purchase and invoice number
Rectifiable and unrectifiable defects ( § 622 Act no. 40/1964 Sb.of Civil Code) :
Concerning defect which is possible to remove, the buying consumer has right to its free, early and correct removing. If it is adequate to a type of defect, the buying consumer is allowed to require changing a product. Or if the defect concerns only a part of a product, this part can be changed as well. When this kind of procedure is not possible, the buying consumer can request adequate discount from product´s price or he can cancel a contract.
Concerning defect, which is not possible to remove and inhibits proper use of a product, the buying consumer has right to change the product or cancel a contract. The same procedure can be used in case of rectifiable defects when the product cannot be properly used because of defect´s recurrence after reparation or larger amount of defects. Concerning other unrectifiable defects and if the buying consumer does not require changing goods, he can request adequate discount from product´s price or he can cancel a contract.
Correspondence with the applicable purchase agreement
In accordance with § 616 of Civil Code the responsibility of the seller is to give to the buyer goods, which correspond with the applicable purchase agreement. It is understood that the sold goods comply with the purchase agreement if they are free of defects, if they comply with applicable quality standards, if they may be used for the intended purpose, as described and required by the purchase agreement, the seller or by his representative, or by applicable commercial advertisement, or if such goods possess properties that are expected from similar type of goods, if they comply with applicable legal regulations, if they contain all applicable amounts, parts, weights or volumes and if they may be used for the applicable purposes, described and specified by the seller, or for similar purposes as other or similar types of goods. When the item is in conflict with the purchase agreement, the seller has to put the goods in right order according to the purchase agreement free of charge and without delay by changing the product or its reparation. When this kind of procedure is not possible, the buying consumer can request adequate discount from product´s price or he can cancel a contract. This process is not valid if the buying consumer knew about discrepancy in the purchase agreement or he made the discrepancy himself. Discrepancy in purchase agreement which occurs within 6 months since a day of taking-over is considered to be an existing discrepancy already at time of taking-over the goods. If it does not resist kind of the item or if it disproves. Your claim will be settled after mutual agreement as soon as possible, at longest 30 days in legal warranty.
