Terms and Conditions of the E-shop

of the company BANDI VAMOS a.s., ID no: 294 50 331, with its registered office at Ostrava – Vítkovice, Kotkova 271/6, Postal Code 703 00, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section B, Insert 11228, for the sale of Goods through an on-line shop located at www.BandiVamos.cz.

1 GENERAL PROVISIONS

1.1
These Terms and Conditions (hereinafter referred to as the "Terms and Conditions" or "T&C") regulate the mutual rights and obligations of the parties arising in connection with or on the basis of the Purchase Contract concluded between BANDI VAMOS a.s., ID No.: 294 50 331, with its registered office at Ostrava – Vítkovice, Kotkova 271/6, Postal Code 703 00, registered in the Commercial Register kept by the Regional Court in Ostrava, Section B, Insert 11228, as the Seller (hereinafter referred to as the "Seller") and another natural or legal person as the Buyer (hereinafter referred to as the "Buyer") through the online shop operated by the Seller at the Internet address www.BandiVamos.cz (hereinafter referred to as the "E-shop").

1.2
The rights and obligations between the Seller and the Buyer are governed by the law of the Czech Republic. This is without prejudice to Article 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). If the Buyer is a Consumer, the legal relations between the Seller and the Buyer are governed by the Purchase Contract not regulated by Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), in particular the provisions of Section 1810 et seq., Section 2079 et seq. and Section 2158 et seq., and Act No. 634/1992 Coll., on Consumer Protection, as amended. If the Buyer is not a Consumer, the legal relations between the Seller and the Buyer are governed by the Purchase Contract not regulated by the Civil Code, in particular by the provisions of Section 2079 et seq.

1.3
The provisions of these Terms and Conditions are without prejudice to the mandatory provisions of legislation governing the minimum standard of Consumer protection; if any provision of legislation provides a higher standard of Consumer protection than these Terms and Conditions, that provision of legislation shall prevail over these Terms and Conditions.

1.4
The Terms and Conditions also contain information for the Consumer, especially within the meaning of Sections 1811 and 1820 of the Civil Code. Information on the Seller's obligations arising from defective performance, on withdrawal from the contract by the Consumer, on the exercise of rights arising from defective performance by the Consumer and other information for the Consumer are contained in Articles 6, 7, 8 and 9 of these T&C and the Complaints Procedure, which is an integral part of these T&C in accordance with Article 9.13 of these T&C.

1.5
By concluding the Purchase Contract in the manner according to Article 3 of these T&C, the Buyer confirms that he/she has read these Terms and Conditions as well as the Seller's Complaints Procedure, that he/she understands them and that he/she agrees with their wording. In the event that any provision of these Terms and Conditions or the Complaints Procedure is not clear to the Consumer, or the Consumer wishes to inform himself/herself in advance about his/her consumer rights, he/she is entitled to contact the Seller before concluding the Purchase Contract, who will explain the meaning and purpose of the provision to him/her; contact details for the Seller are provided in Article 9.12 of these T&C.

1.6
Unless otherwise expressly agreed between the Seller and the Buyer, the inclusion of the Buyer's Terms and Conditions in the contractual relationship concluded pursuant to Article 3 of these T&C is contrary to the Seller's will and the Buyer's Terms and Conditions shall not apply to this contractual relationship.

2 DEFINITION OF TERMS

2.1
Goods: movable items that the Seller offers for purchase through the E-shop, in particular clothing, footwear and clothing accessories, at the purchase price indicated for the respective Goods in the E-shop.

2.2
Purchase Contract and Contract: a contract concluded between the Seller and the Buyer, the subject of which is the Seller's obligation to deliver the Goods to the Buyer and the Buyer's obligation to accept the Goods and pay the agreed purchase price to the Seller. The purchase contract can only be concluded in the Czech language. These terms and conditions are written in Czech and all communication between the Seller and the Buyer is conducted in Czech.

2.3
Consumer: a person who, in concluding and performing the Purchase Contract, acts outside the scope of his/her business activity or outside the scope of his/her independent exercise of his profession.

2.4
Complaints Procedure: rules for maintenance of the Goods and for Complaints against the Goods published on www.BandiVamos.cz.

3 CONCLUSION OF THE PURCHASE CONTRACT

3.1
All offers in the Seller's E-shop represent only a non-binding invitation directed to potential Buyers to submit an offer to the Seller.

3.2
The Purchase Contract, which establishes an obligation with the content, inter alia, according to these Terms and Conditions, is concluded between the Seller and the Buyer on the basis of the Buyer's order, which is made through the order form in accordance with the Seller's current offer of Goods published on the E-shop. The Buyer's order is sent when he/she confirms it in the E-shop interface by clicking on the "Order binding for payment" button. The order is considered a draft Contract and becomes binding on the Seller only upon its acceptance by the Seller sent to the Buyer's e-mail address specified in the order. The order is binding on the Buyer at the moment of its dispatch. If the order is accepted by the Seller only in relation to part of the ordered Goods, the Contract is concluded between the parties only in respect of the Goods specified in the acceptance of the order. However, if the Buyer, who is a Consumer, does not agree to the conclusion of the Contract only with respect to the Goods specified in the order acceptance without undue delay after the acceptance is delivered to him/her, the Contract will not be created at all.

3.3
Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order form, where the Buyer has the opportunity to identify and correct errors arising when entering data into the order form. The order form contains the following information about the Buyer: a) In the case of a natural person: Name, surname, e-mail address, telephone number, residential address, delivery address (if different from the billing address), identification of the Goods according to the Seller's offer, the quantity of Goods requested and the total price including VAT. b) In the case of a natural person, in addition to the data referred to in Clause a), the company registration number and registered office. c) In the case of a legal person, in addition to the data under Clause a), the name of the legal person, the registration number and the tax identification number.

3.4
The information provided in the order is considered correct by the Seller. The Seller shall confirm the order to the Buyer immediately upon receipt of the order by e-mail to the e-mail address specified by the Buyer in the order. This confirmation contains in text form the exact specification of the ordered Goods, including prices and method of further communication (text form of the Contract), as well as these Terms and Conditions.

3.5
The Purchase Contract is concluded at the moment when the Buyer receives from the Seller the acceptance of the order to the e-mail address specified by the Buyer in the order.

3.6
Upon conclusion of the Purchase Contract, the Seller shall be obliged to hand over the Goods to the Buyer and the Buyer shall be obliged to accept the Goods and pay the agreed price to the Seller in the agreed manner.

3.7
The Buyer is entitled to cancel the order within 12 hours of its dispatch, by a declaration of cancellation sent to the contact e-mail address of the Seller: eshop@bandi.cz. Cancellation of the order within the time limit according to the previous sentence shall terminate the binding force of the order for the Buyer and if the Purchase Contract has already been concluded in accordance with Article 3.5 of these Terms and Conditions, the Purchase Contract shall be cancelled from the beginning.

3.8
The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Contract, especially, but not exclusively, with persons who have previously substantially breached their obligations to the Seller.

3.9
The Buyer expressly agrees to the use of remote means of communication in concluding the Purchase Contract. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself/herself.

3.10
The Buyer acknowledges that the Seller shall not be liable for any errors resulting from third party interference with the website on which the E-shop is operated or as a result of the use of this website contrary to its purpose.

3.11
The subject of the Contract is the Goods specified by the Buyer within the order and specified in the order acceptance sent by the Seller to the Buyer. The Goods in the E-shop offer are usually marked with the name, order number and are depicted in the photograph. This photo is illustrative and does not reflect exact colour or size variations. The Buyer acknowledges that any dimensions provided for new Goods are for information purposes only and that each Good is subject to dimensional tolerances which may vary according to the type of product or material used. The information about the Goods in stock is only indicative, as the stock of the Goods is continuously updated and may appear on the E-shop with a time delay in relation to the sales and information about the unavailability of the Goods.

4 DELIVERY OF GOODS

4.1
The Goods will be delivered to the Buyer in the manner chosen by the Buyer in his/her order. The Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the Goods in the amount specified below according to the chosen method of transport. The Buyer is entitled to choose the method of delivery of the Goods from the following options:

TRANSPORT IN THE CZECH REPUBLIC:

4.1.1
Delivery via Česká pošta, s. p., ID No.: 471 14 983 with registered office at Prague 1, Politických vězňů 909/4, Postal Code 22599, where the shipping cost is:

Parcel to the post office: postage and packing CZK 94 + COD charge CZK 25 (if payment by cash on delivery is chosen);
Parcel to hand: postage and packing CZK 99 + COD charge CZK 25 (if payment by cash on delivery is chosen);

4.1.2
Delivery via carrier PPL CZ s.r.o. ID No. 251 94 798 with registered office at K Borovému 99, Jažlovice, 251 01 Říčany, where the shipping cost is CZK 99 + COD charge CZK 25 (if payment by cash on delivery is chosen).

4.1.3
Delivery via carrier Zásilkovna s.r.o. ID No. 284 08 306 with registered office Českomoravská 2408/1a, Libeň, 190 00 Prague 9, where the shipping cost is CZK 49 + COD charge CZK 25 (if payment by cash on delivery is chosen).

4.1.4
If the total price of the order for the Goods reaches CZK 2.500 and above, the cost of shipping within the Czech Republic is CZK 0.

TRANSPORT TO SLOVAKIA:

4.1.5
Delivery via carrier PPL CZ s.r.o. ID No. 251 94 798 with registered office at K Borovému 99, Jažlovice, 251 01 Říčany, where the shipping cost is CZK 199 + COD charge CZK 30 (if payment by cash on delivery is chosen);

4.1.6
Delivery via carrier Zásilkovna s.r.o. ID No. 284 08 306 with the registered office Českomoravská 2408/1a, Libeň, 190 00 Prague 9, where the shipping cost is CZK 89 + COD charge of CZK 30 (if payment by cash on delivery is chosen);

4.2
The Seller shall comply with the obligation to deliver the Goods to the Buyer at the time when it hands over the Goods to the carrier for delivery to the Buyer. This does not apply if the Buyer is a Consumer. In such case, the Seller's obligation to deliver the Goods to the Buyer is fulfilled at the moment when the carrier delivers them to the Consumer or a person designated by the Consumer.

4.3
The Buyer is obliged to accept the Goods. If the Buyer does not accept the Goods delivered to the delivery address specified by the Buyer in the order, the Seller is entitled to withdraw from the Purchase Contract and the Buyer is obliged to reimburse the Seller for all costs incurred by the Seller in connection with the shipment of the Goods according to the Buyer's order.

4.4
If, for reasons on the Buyer's part, it is necessary 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 the repeated delivery of the Goods or the costs associated with a different method of delivery.

4.5
The Buyer is obliged to inspect the Goods for damage to the packaging of the Goods upon receipt of the Goods from the carrier. If the packaging is damaged or if the shipment with the Goods is otherwise damaged, the Buyer is obliged to refuse to accept the shipment with the Goods, he/she is obliged to draw up a report with the carrier about the damage to the shipment with the Goods and is obliged to inform the Seller immediately. The Buyer acknowledges that by signing the delivery note or other confirmation of receipt of the Goods from the carrier, the Buyer confirms that the packaging of the shipment is intact.

4.6
If the Buyer's refusal to accept the Goods was justified, the Seller is entitled to deliver the Goods to the Buyer again. If the Buyer's refusal to accept the Goods was unjustified, i.e. the shipment of Goods addressed to the Buyer returned by the carrier to the Seller is not obviously damaged, the Seller is entitled to withdraw from the Purchase Contract and the Buyer is obliged to reimburse the Seller for all costs incurred by the Seller in connection with the shipment of the Goods according to the Buyer's order.

4.7
The risk of accidental destruction, loss and accidental deterioration of the Goods shall pass to the Buyer upon the acceptance of the Goods by the Buyer or at the moment when the Buyer unjustifiably refused to accept the Goods or failed to provide the carrier with the necessary cooperation to accept the Goods.

4.8
The title to the Goods shall pass from the Seller to the Buyer upon their acceptance by the Buyer.

5 THE PURCHASE AND PAYMENT TERMS

5.1
The purchase price stated for each Goods in the E-shop is the final price including value added tax and all related fees in accordance with generally binding statutory provisions. The offer for sale of the Goods and the prices of the Goods shall remain valid for as long as they are displayed in the E-shop. Prices in brick-and-mortar stores and on the E-shop may vary.

5.2
The Buyer undertakes to pay the Seller the purchase price of the ordered Goods and the shipping costs in the amount specified in these Terms and Conditions, in the manner chosen by the Buyer in the context of his/her order from the following options:

5.2.1
cash on delivery of the Goods, when the Buyer pays the purchase price in cash upon receipt of the Goods from the carrier, while the payment of the purchase price is a condition of delivery of the Goods – in this case, the shipping cost, which is paid by the Buyer, is increased by a cash on delivery fee of CZK 25 for delivery to an address in the Czech Republic and by a cash on delivery fee of CZK 30 for delivery to an address in Slovakia.

5.2.2
by wire transfer to the Seller's account No. 263624376/0300 held at Československá obchodní banka, a. s., whereby the Buyer is obliged to indicate the order number or other payment reference number assigned to the Buyer by the Seller as the payment reference number. In the event of failure to specify the payment reference number, the Buyer acknowledges that delivery of the Goods may be delayed as it will not be possible to identify the Buyer's payment and the Buyer is obliged to contact the Seller immediately in such a case;

5.2.3
cashless on-line payment card via the ČSOB payment gateway.

5.3
In the event that the Buyer requires delivery of a larger quantity of Goods or Goods of higher value, the Seller reserves the right to require the Buyer to pay a reasonable advance on the purchase price of the Goods. For the purposes of this Article of these T&C, a larger quantity of Goods or Goods of higher value shall mean Goods with a purchase price of at least CZK 10,000. For the purposes of this Article of these GTC, a reasonable advance payment of the purchase price of the Goods shall be no more than 50% of the purchase price of the Goods ordered. The advance must be paid no later than 14 days from the date of acceptance of the order by the Seller. The Buyer shall pay the advance within the above-mentioned period of time in cashless form to the bank account of the Seller, which the Seller shall inform him/her, otherwise to the account specified in Article 5.2.2 of these T&C. The Buyer acknowledges that shipment of the Goods will not occur until the Buyer has paid the advance, and this amount will be credited to the Seller's account. In the event that an advance is required, the Buyer is issued with an "Advance Invoice" document. Upon delivery of the Goods, the value of the deposit is deducted in the tax invoice.

5.4
In the case of 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 3 working days from the conclusion of the Purchase Contract, while the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account. The Goods are sent by the Seller to the Buyer after the appropriate amount has been credited to the Seller's account.

5.5
The Seller shall issue a tax document to the Buyer in respect of payments made under the Purchase Contract, which shall be handed over to the Buyer upon delivery of the Goods.

6 WITHDRAWAL FROM THE CONTRACT

6.1
The Buyer, who is a Consumer, has the right to withdraw from the Purchase Contract without giving any reason and without any penalty within 14 days from the date on which the Consumer or a third party designated by the Consumer takes over the Goods, in accordance with Section 1829 in conjunction with Section 1818 of the Civil Code. However, according to Section 1837 of the Civil Code, the Buyer may not withdraw from the Purchase Contract, inter alia, if the subject of the Purchase Contract is the delivery of Goods that have been manufactured according to the Consumer's requirements or adapted to his/her personal needs. Furthermore, according to the same provisions of the Civil Code, the Consumer may not withdraw from the contract for the supply of perishable Goods and from the contract for the supply of Goods in sealed packaging that are not suitable for health or hygiene reasons to return after the Consumer has damaged it.

6.2
The Buyer must inform the Seller of his/her withdrawal from the Purchase Contract in the form of an unambiguous statement made to the Seller, preferably by means of a letter sent by the postal services operator to the Seller's address (BANDI VAMOS a.s., Poděbradova 101A, Postal Code 702 00, Ostrava – Moravská Ostrava), or by e-mail sent to the Seller's contact e-mail address eshop@bandi.cz. The buyer may use the form available here, but he/she is not obliged to do so. In order to comply with the deadline for withdrawal from the Purchase Contract, it is sufficient to send the withdrawal before the expiry of the relevant deadline. The Buyer does not have to state the reason for which he/she withdraws from the Contract. For ease of communication, it is advisable to include the date of purchase, the Contract number and the bank details in the withdrawal.

6.3
In such a case, the Buyer shall return the Goods to the Seller in the condition in which he/she received them, i.e. without signs of wear or damage, preferably in the original packaging and with all parts, accessories, documentation and gifts received together with the Goods. The Buyer is obliged to return the Goods to the Seller at his/her own expense by sending them to BANDI VAMOS a.s., Poděbradova 101A, Postal Code 702 00, Ostrava – Moravská Ostrava, no later than 14 days from the date of withdrawal from the Purchase Contract. It is not possible to return the goods in the BANDI VAMOS brick-and-mortar store.

6.4
The Seller shall refund to the Buyer the sums paid within 14 days of receipt of the Buyer's withdrawal from the Purchase Contract, but not before receipt of the Goods or before the Consumer proves that he/she has returned the Goods to the Seller, whichever is earlier. The funds shall be returned to the Buyer in cashless form to the account designated by the Buyer and if the Buyer does not designate such an account in the notice of withdrawal or within the time limit according to the first sentence of this paragraph, the Seller shall return the funds to the account from which they were paid in the case of cashless payment or by postal order to the Buyer's address if the purchase price was paid on delivery. The Seller is at its option entitled to return the performance provided by the Buyer also upon return of the Goods by the Buyer, if it is possible to examine the condition of the returned Goods upon their return.

6.5
If the Consumer has expressly chosen other than the cheapest method of delivery of the Goods offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the Goods in the amount corresponding to the cheapest method of delivery of the Goods offered.

6.6
The Buyer shall be liable to the Seller for any diminution in the value of the Goods resulting from the handling of the Goods in a manner other than that necessary for the Buyer to become familiar with the nature, characteristics and functionality of the Goods. The Buyer acknowledges that if the returned Goods are damaged, worn out or returned incomplete, the Seller is entitled to compensation for damages incurred by the Buyer. The Seller is entitled to unilaterally offset the claim for compensation against the Buyer's claim for reimbursement of the financial amounts provided under the Purchase Contract.

6.7
The Seller is entitled to withdraw from the Purchase Contract at any time until the Goods are accepted by the Buyer. In such a case, the Seller shall return to the Buyer the sums of money received from the Buyer in connection with the Purchase Contract without undue delay, in a cashless manner to the account designated by the Buyer.

6.8
If a gift is given to the Buyer together with the Goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the Goods to the Seller.

6.9
If the Buyer is granted a discount on the fourth piece of the purchased Goods within the "3+1" promotion, together with three pieces, the granting of this discount between the Seller and the Buyer is concluded with the condition that if there is even a partial withdrawal from the Purchase Contract by the Buyer, the Buyer is obliged to repay the price of the purchased Goods before the discount or return the Goods to the Seller, on which the discount was granted.

7 LIABILITY FOR DEFECTS

7.1
Liability for defects of the Seller towards the Buyer, who is a Consumer, is governed by the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

7.2
The liability of the Seller for defects in the Goods in relation to the Buyer, who is not a Consumer, is governed by the relevant provisions of the Civil Code, unless otherwise provided by the Complaints Procedure.

7.3
The Seller shall be liable to the Buyer, who is a Consumer, for the fact that the Goods sold are free from defects upon receipt by the Buyer. In particular, the Seller shall be liable to the Buyer that the Goods upon receipt correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics, that the Goods are suitable for the purpose for which the Buyer requires them and to which the Seller has agreed, and that they are delivered with the agreed accessories and instructions for use, including installation instructions.

7.4
The Seller shall be liable to the Buyer, who is a Consumer, that in addition to the agreed characteristics, the Goods are suitable for the purpose for which Goods of this type are usually used, also with regard to the rights of third parties, statutory provisions, technical standards or, in the absence of technical standards, codes of conduct of the industry, and that the Goods correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of Goods of the same type, which the Buyer can reasonably expect, including in the light of public statements made by the Seller or any other person in the same contractual chain, in particular by advertising or labelling, that the Goods are supplied with such accessories, including packaging, assembly instructions and other instructions for use, as the Buyer can reasonably expect, and that the Goods correspond in quality or workmanship to the sample or model provided by the Seller to the Buyer prior to the conclusion of the Contract, if any. This Article of these GTC does not apply if the Seller has specifically notified the Buyer before the conclusion of the Contract that some of the characteristics of the Goods differ and the Buyer has expressly agreed to this when concluding the Contract.

7.5
If the Goods have a defect, the Buyer, who is a Consumer, may demand its removal. He/she may, at his/her option, demand the delivery of new Goods without defect or their repair, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value that the Goods would have without the defect and whether the defect can be removed by the other method without significant difficulties for the Consumer. The Seller may refuse to remove the defect if it is impossible or unreasonably costly to do so, particularly in view of the significance of the defect and the value that the Goods would have without the defect. The Seller shall remedy the defect within a reasonable time after an objection has been made out so as not to cause the Consumer significant inconvenience, taking into account the nature of the Goods and the purpose for which the Consumer purchased the Goods. The Seller shall take over the Goods at his/her own expense to remove the defect. If the Consumer does take over the Goods within a reasonable time after the Seller has informed him/her of the possibility to take over the Goods after repair, the Seller is entitled to payment for storage.

7.6
If a defect becomes apparent within one year of receipt, the Goods shall be deemed to have been defective upon receipt, unless the nature of the Goods or the defect precludes it. This period does not run for the time during which the Buyer cannot use the Goods, if the Buyer has rightfully pointed out the defect.

7.7
If the Seller has not remedied the defect in accordance with Article 7.5 of these T&C and in accordance with Section 2170 of the Civil Code or if the Seller refuses to remedy the defect, the Buyer, who is a Consumer, has the right to demand a reasonable discount or the right to withdraw from the Contract. The Consumer shall have these rights even if the defect is repeated; if the defect is a material breach of the Contract and if it is evident from the Seller's statement or the circumstances that the defect will not be remedied within a reasonable time or without significant difficulty for the Consumer. The reasonable period of time is a maximum of 30 days from the date of the objection to the defect in the Goods, unless the Seller and the Consumer agree on a longer period. The reasonable discount shall be determined as the difference between the value of the Goods without defect and the defective Goods received by the Buyer.

7.8
If the Seller is in default in delivering the Goods, the Consumer may withdraw from the Purchase Contract if the Seller fails to fulfil its obligation even within an additional reasonable period of time granted by the Consumer. The Consumer may withdraw from the Purchase Contract without additional time only if the Seller has refused to perform or the performance at the specified time is necessary in view of the circumstances at the conclusion of the Purchase Contract or the Consumer has informed the Seller before the conclusion of the Contract that delivery at a certain time is necessary. The Seller shall return to the Consumer without undue delay after withdrawal from the Contract all monies paid by the Consumer under the Purchase Contract.

7.9
If the Goods are not used, the Buyer is entitled to object to the defect within 2 years from receipt of the Goods. In the case of purchase of used Goods, the Buyer is entitled to object to the defect within 1 year from the date of receipt of the Goods.

7.10
The Buyer is not entitled to the right from defective performance if the Buyer caused the defect. Defects in the Goods shall not include wear and tear caused by normal use of the Goods or, in the case of used Goods, wear and tear corresponding to the extent of their previous use.

7.11
The scope, conditions and method of claiming liability for defects in the Goods, including the conditions for claiming defects and information on where a Complaint can be made are regulated in more detail in the Seller's Complaints Procedure. The Complaints Procedure also contains rules that must be observed when using the Goods to avoid excessive wear and tear or damage.

7.12
By concluding the Purchase Contract, the Buyer confirms that he/she is familiar with the Seller's Complaints Procedure.

8 PROTECTION AND PROCESSING OF PERSONAL DATA

The processing of personal data is governed by the terms and conditions set out in the document of the same name published in the Personal Data Protection section of the Company's website https://www.bandivamos.cz/clanek/110/ochrana-osobnich-udaju

9 FINAL PROVISIONS

9.1
The Consumer is entitled to send complaints to the Seller by e-mail to eshop@bandi.cz.

9.2
The Buyer agrees to receive commercial communications from the Seller to the Buyer's electronic address. This consent may be revoked by the Buyer at any time by notification to the Seller's electronic address.

9.3
In the Purchase Contract, the rights and obligations of the contracting parties may be agreed upon differently from the Terms and Conditions, whereby the deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

9.4
The Buyer is entitled to turn with a complaint or with a proposal to resolve a dispute with the Seller out of court to the Czech Trade Inspection Authority, which is a supervisory and controlling body of the state administration. Detailed information on the inspection powers of the Czech Trade Inspection Authority can be found at https://www.coi.cz/pro-spotrebitele/.

In the event that a consumer dispute arises between the Seller and the Buyer, who is a Consumer, from the Purchase Contract or from the contract for the provision of services, which cannot be resolved by mutual agreement, the Consumer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is:

Czech Trade Inspection Central Inspectorate – ADR Department
Štěpánská 15
120 00 Prague 2
E-mail: adr@coi.cz
Website: adr.coi.cz

The Buyer-Consumer can also use the on-line dispute resolution platform set up by the European Commission at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

9.5
The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Online Dispute Resolution for Consumer Disputes).

9.6
The Seller is entitled to sell the Goods on the basis of a trade licence. Trade inspection is carried out within the scope of its competence by the competent trade licensing authority.

9.7
Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection, with its registered office at Pplk. Sochora 27, 170 00 Prague 7.

9.8
The Czech Trade Inspection Authority also supervises compliance with the Consumer Protection Act within a defined scope.

9.9
If there is no agreement between the Buyer and the Seller, the general courts of the Czech Republic shall be competent to resolve mutual disputes between the Buyer and the Seller arising from the Contract concluded in accordance with Article 3.2 of these T&C, unless the Buyer and the Seller agree on another choice of dispute resolution, and it is not decisive whether the Buyer is a Consumer or not. This is without prejudice to the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis), which cannot be derogated from by contract.

9.10
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the Purchase Agreement or the Terms and Conditions require a written form.

9.11
The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.

9.12
Seller's contact details: delivery address: BANDI VAMOS a.s., Poděbradova 101A, Postal code 702 00, Ostrava – Moravská Ostrava, electronic mail address: eshop@bandi.cz, phone +420 608 215 055.

9.13
These Terms and Conditions shall take effect on 6 January 2023. The current version of the Terms and Conditions is published here. Complaints Procedure is an integral part of the terms and conditions.