General Terms and Conditions
For consumers (valid as of 1.5.2018)
These General Terms and Conditions of Business govern the terms and conditions of individual purchase contracts under which goods or services are supplied by Boost Oxygen Europe s.r.o., with registered office at Hněvkovská 1222/33, Chodov, 148 00 Prague 4, registered in the Commercial Register maintained by the Municipal Court in Prague, entry 31721, section C (hereinafter referred to as the “Company”), and therefore the rights and obligations of the respective customer (buyer) towards the Company.
The purchase contract for the supply of goods is concluded by Boost Oxygen Europe s.r.o., with its registered office at Hněvkovská 1222/33, Chodov, 148 00 Praha 4, ID 6185 6908, VAT CZ 6185 6908, tel.: +420 604 950 916, email: firstname.lastname@example.org, as the seller, and the customer (the buyer) (hereinafter referred to as the “Customer”), who is a consumer.
1. Scope of validity
1.1 These General Terms and Conditions apply to the supply of goods by the Company to consumers within the meaning of Section 419 of Act No. 89/2012 Coll., the Civil Code, as amended.
1.2 These General Terms and Conditions shall always apply in the version valid and effective at the time of conclusion of the respective purchase contract, for all rights and obligations arising from the respective purchase contract concluded by the Company and the respective Customer.
1.3 In the event of any conflict between the above terms and conditions, the following order shall apply:
(b) these General Terms and Conditions (the “Conditions”);
c) Applicable Laws (unless they cannot be derogated from by agreement of the parties).
2. Subject matter of the Contract/conclusion of the Contract
2.1 The Company shall deliver the Goods, according to the current quotation, in accordance with the terms of the agreed purchase contract and these Conditions, following acceptance of the order by the Company (conclusion of the purchase contract). The Company shall only deliver the Goods within the European Union (hereinafter referred to as the EU), unless agreed between the parties in a particular case
2.2 The Purchase Contract, the subject of which shall be the delivery of the ordered goods by the Company to the Customer, shall be concluded on the basis of and in accordance with the facts stated by the Customer in the context of its order, subject to the terms and conditions set out in these Conditions. The Purchase Contract shall be concluded in the Czech language.
2.3 The Company undertakes to deliver the text copy of the Purchase Agreement to the Customer together with the invoice no later than on the day of delivery of the goods, including the text version of the valid and binding General Terms and Conditions in a shortened version. The full text of the General Terms and Conditions is available on the Company’s website (www.boostoxygen.com), while the Company also makes available on its website older versions of the General Terms and Conditions for the purpose of verifying earlier modifications of the General Terms and Conditions and for this reason these older versions remain unchanged and permanently accessible.
2.4 The relevant Purchase Contract is concluded at the moment when the Company’s order confirmation reaches the Customer. Delivery of the ordered goods by the Company to the Customer shall also be deemed to be confirmation of the order. The Company shall be entitled to refuse any order without giving any reason. The provisions of Section 1732(2) of the Civil Code shall therefore not apply within the meaning of this paragraph.
2.5 Should the Company subsequently become aware that there has been an error or inaccuracy in the details of the goods, price or delivery date stated in the order or order confirmation, the Company shall inform the Customer promptly and request confirmation of the order. If the Subscriber fails to confirm the order to the Company within the time period specified by the Company, otherwise without undue delay after receipt of the said notice, the order in question shall be deemed cancelled on the date of expiry of the order confirmation period. Payments already made shall be refunded by the Company to the Customer within 14 days after the expiry of the order confirmation period, to the Customer’s bank account notified to the Company at least 5 working days before the due date.
2.6 Online shop order process. In the Company’s online shops (website www.boostoxygen.com), orders can be placed as follows:
a) You place the goods in the shopping cart.
b) You enter your delivery and payment details or retrieve your saved data.
c) Verify the accuracy of your order data.
d) Click on the order button.
2.7 A binding order is placed by the Customer if the Customer performs all the actions in the Company’s on-line ordering system according to the instructions set by the Company, enters all the required data and confirms the order by clicking on the order button. Before confirming the order, the Customer will be allowed to check all the data entered, the quantity of goods and the price and make any corrections.
2.8 By submitting an order or by bindingly confirming an order in the Company’s online ordering system, the Customer declares that it has read these Terms and Conditions in detail and that it has also been sufficiently informed of the following:
– the designation of the goods and a description of their main characteristics,
– the price of the goods or services and, where applicable, the method of calculating it, including all taxes and charges,
– the method of payment and method of delivery, including the cost of delivery of the goods,
– details of the rights arising from defective performance the conditions for exercising those rights,
– details of the functionality of the digital content, including technical protection measures,
– details of the interoperability of the digital content with hardware and software known to the Company,
– information on the right of withdrawal, the conditions, time limit and procedures for exercising this right, as well as the existence of a withdrawal form,
– an indication that, in the event of withdrawal, the consumer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by normal postal means due to their nature,
– a statement that the Customer may not withdraw from the contract of sale in the case of contracts for the supply of goods which have been adapted to the Customer’s wishes and for the supply of an audio or visual recording or computer program if their original packaging has been damaged,
– an indication of the possibility for the Customer to contact the Company in the event of complaints by registered letter, telephone or e-mail (details are given at www.boostoxygen.com), and the supervisory or state supervision authorities, which are primarily the Czech Trade Inspection Authority and the relevant trade licensing authority.
2.9 The delivery of goods or services by the Company shall be effected on the date of delivery of the goods to the Customer or performance of the ordered service. In the case of an order placed by the Customer via the Internet (on-line shop), the Company shall immediately confirm receipt of the order by electronic means, and the contract of sale or contract for the supply of services shall be concluded on the date of electronic confirmation of the order or the moment of delivery of the goods to the Customer. The Company is entitled to refuse any order without giving any reason.
2.10 The Customer’s order shall be archived by the Company in electronic form for such period as the Company may specify, such period being the time necessary to settle all obligations arising from the order. If the Subscriber loses the supporting documents of its order, it is entitled to contact the Company, by email, to request a copy of the relevant order data.
2.11 In the case of special (promotional/restricted) offers for certain goods, i.e. offers that differ from the Company’s regular catalogue, the exact terms and conditions of the special offer, including the time validity and quantity limitation of the offer, will be available on the Company’s online shop website. The Company expressly reserves the right to cancel any special offer without giving any reason and with immediate effect. The Subscriber understands that all special offers are limited in quantity and are valid only while stocks of the subject goods last.
2.12 The Customer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Customer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Customer, which shall not differ from the basic rate paid to its telephone and data service provider.
2.13 The provisions of these terms and conditions shall also apply to orders placed by telephone, electronic or ordinary mail. The preceding sentence does not apply to provisions that expressly and logically apply only to orders placed via the online shop interface. Details of the procedure for ordering goods by telephone, electronic or regular mail are available at www.boostoxygen.com.
3. Payment methods/payment terms
3.1 The Customer may pay the purchase price for the goods or services delivered as follows:
– on the basis of an advance invoice before delivery of the Goods
– cash on delivery (cash payment against delivery of the goods)
– by sending payment through the GoPay payment system and by credit card.
The Company shall be entitled to request at any time, in particular where it deems it appropriate in the circumstances of the case, that the Goods be sent/transferred to the Customer only against payment of the purchase price on the basis of an advance invoice prior to delivery of the Goods. The Company shall always notify the Customer in advance of this fact.
3.2 Payment against advance invoice prior to delivery of the Goods (after order confirmation). In the case of payment on a prepayment invoice, the Customer shall pay the purchase price of the goods or services supplied within the time limit set out in the invoice in question, issued and payable before delivery of the goods ordered. The final invoice shall be issued and delivered to the Customer without delay after delivery of the goods.
3.3 Payment on delivery. In the case of delivery on delivery on delivery (delivery of the goods against cash payment of the purchase price), the Customer shall pay the amount of the cash on delivery (purchase price) to the postal carrier or freight forwarder upon receipt of the consignment (goods).
3.4 Payment by GoPay bank buttons for retail customers. If this payment method is selected, the Customer will follow the on-screen instructions.
3.5 Payment by credit card. If this payment method is selected, the Subscriber will follow the on-screen instructions.
4. Right of cancellation/cancellation/notification of withdrawal
4.1 The Subscriber is entitled to cancel (revoke) his/her order, either by registered letter or by email, up to the time of conclusion of the Purchase Contract in accordance with these Conditions.
4.2 In the event that the Subscriber places an order via the Company’s online shop, the Subscriber shall be entitled to withdraw from the concluded purchase contract within 14 days without giving any reason:
(a) when the Customer or a third party designated by the Customer (other than the carrier) takes delivery of the goods,
b) when the Customer or a third party designated by the Customer (other than the carrier) takes delivery of the last delivery of the goods (i.e. in the case of a contract involving several types of goods or the delivery of several parts),
(c) when the Customer or a third party designated by the Customer (other than the carrier) takes delivery of the first delivery of the goods (i.e., in the case of a contract for the periodic delivery of the goods over a specified period of time).
4.3 The Company shall be entitled to withdraw from the concluded contract of sale except as provided in these Conditions below and in the event of
provided for by applicable law, to withdraw without assigning any reason until delivery of the Goods to the Customer.
4.4 For the purpose of exercising the right of withdrawal, the withdrawing party must inform the other party of its exercise using the contact details provided on the website www.boostoxygen.com or in the Purchase Order, by way of unilateral legal action (for example, by letter sent via a postal service provider or by email). The Customer may also use the attached sample withdrawal form, which is an annex to these Conditions, for this purpose, but is not obliged to do so.
4.5 In order to comply with the withdrawal deadline, it is sufficient to send the withdrawal notice before the expiry of the relevant deadline.
4.6 The Purchaser may not withdraw from the Purchase Agreement, the subject matter of which is:
– the delivery of goods that have been modified to the wishes of the Customer or for the Customer’s person,
– the delivery of newspapers, periodicals or magazines,
– the delivery of an audio or video recording or computer program if the Customer has damaged the original packaging,
– where the impossibility of withdrawal arises from generally binding legal provisions.
4.7 Consequences of withdrawal. In the event of an effective withdrawal from the contract, the parties are obliged to return the services provided to each other. As a consequence, the Company undertakes to reimburse the Customer without undue delay, and no later than 14 days from the date of withdrawal, all payments made by the Customer and received up to that time, including the costs of delivery of the goods (except for additional costs incurred as a result of the Customer’s chosen method of delivery other than
However, the Company shall not be obliged to refund the above payments to the Customer before the goods have been returned to it or it has been conclusively proved that the Customer has returned the goods. In the event that the Customer withdraws from the Contract, the Customer shall return the Goods to the Company without undue delay and no later than 14 days from the date of withdrawal, which period shall be maintained if the Customer returns the Goods. The Customer shall send the goods to the address designated for the receipt of shipments:
Boost Oxygen Europe Ltd.
EC Logistics – Czech Republic s.r.o.
K vypichu 1308
252 19 Rudna u Prahy
Without prejudice to any other provisions of these Terms and Conditions or the law, the Customer shall be liable to the Company for any damage caused by any breach of the above provisions. For the reimbursement of payments, the Company shall use a bank transfer to the bank account specified by the Customer or sending funds using the services provided by the Czech Post to the Customer’s address specified in the order. The Customer shall bear all direct costs associated with the return of the goods and shall not be entitled to any reimbursement thereof, even if the goods cannot be returned by normal postal means due to their nature.
4.8 The Customer shall be liable for any diminution in the value of the Goods as a result of handling other than in a manner necessary to familiarise the Customer with the nature and characteristics of the Goods, including their functionality, in which case the Company shall be entitled to reduce the return purchase price by an equivalent amount.
5. Lack of availability of the ordered goods or services
If the Company determines after receipt of an order that the goods or service ordered are no longer available from the Company, the Company shall be entitled to offer the Customer comparable goods or service of comparable quality and price. The Customer’s order for such goods or service shall be subject to the provisions of these Conditions.
6.1 Delivery of Goods by the Company pursuant to an order from the Customer referred to in paragraph 1.1 of these Conditions shall be at the Customer’s expense. For the delivery of goods to the Customer pursuant to paragraph 1.1 of these Conditions in the territory of the Czech Republic with a value of less than or equal to CZK 1,200 including VAT, the Customer shall be charged a flat-rate delivery charge dependent on the chosen method of delivery. In the case of delivery of goods via UPS services, a shipping fee of 350,- CZK including VAT is charged. In the case of ordering and delivery of goods with a value above 1 200,- CZK including VAT, no fee is charged unless the Company requires otherwise in a particular case with regard to the scope and parameters of delivery. The Customer will be informed of such a request.
6.2 The Company shall deliver the Goods to the Customer immediately after the conclusion of the Purchase Agreement, unless prior payment of the Purchase Price is required by the Company for the delivery of the Goods. The Goods shall normally be delivered within two to five working days, except where the Company’s stock does not permit. The Company shall be entitled to set a different delivery date and shall inform the Customer of this fact as well as of any delay in delivery of the goods. The Company shall be entitled to deliver the goods even before any agreed delivery date. The Customer shall be obliged to take delivery of the goods.
6.3 The Goods shall be deemed to have been delivered upon acceptance by the Customer.
6.4 The risk of damage to the goods shall pass to the Customer upon acceptance of the goods.
6.5 In the case of delivery of the Goods within the territory of EU member states, delivery shall be made by the Company at the Customer’s expense and in the manner specified by the Company. The Company publishes the current details of the freight charge for deliveries to EU member states at https://www.boostoxygen.com/eshop-eu.
7.1 The Company expressly declares that the prices of the goods or services quoted in the Company’s official catalogue, valid on the date of ordering the goods, are the prices set on the date of printing of the catalogue and may therefore differ from the Company’s actual prices for the goods or services. The Company’s current price list of goods and services will always be available for viewing on the Company’s website. The Company undertakes to inform the Customer of the current price of the goods or services ordered following the delivery of the order, and in the event that the actual price differs from the published price, a purchase agreement may be concluded
contract only after confirmation of the amount of the purchase price by the Customer.
7.2 In the case of an order via the Company’s online shop, the purchase price indicated for the relevant goods is always binding. The price so stated in the online shop https://www.boostoxygen.com/eshop-eu is the price of the goods, which includes all taxes and statutory charges, but not the amount charged for shipping pursuant to Article 6 of these Conditions.
8. Reservation of ownership
The Company reserves title to all goods supplied by it to the Customer until payment of the total purchase price of the goods supplied, i.e. title to the goods supplied by the Company shall pass to the Customer at the earliest on the date of payment of the purchase price. The Customer shall be entitled to use the goods for the purpose for which they are intended upon receipt, but shall not be entitled to alienate or encumber the goods in any legal manner until such time as title has been acquired and shall be obliged to dispose of them with due care so as to
not to damage or diminish its value.
9. Liability for defects in the goods and quality guarantee
9.1 The Company shall be liable to the Customer that the Goods are free from defects on receipt. In particular, the Customer shall be liable to the Company that at the time the Customer took delivery of the Goods,
– the Goods have the characteristics described by the Company or the manufacturer or expected by the Customer having regard to the nature of the Goods and on the basis of advertising by the Company,
– the goods are fit for the purpose for which the Company specifies for their use or for which goods of that kind are usually used,
– the goods are in the appropriate quantity, measure or weight,
– the goods comply with the requirements of the law.
9.2 If the Customer so requests, the Company shall confirm to the Customer in writing the extent and duration of its obligations in the event of defective performance.
9.3 The Customer shall be entitled to assert a right in respect of a defect that occurs in the consumer goods within twenty-four months of receipt. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. If the goods sold, their packaging, the instructions accompanying the goods or the advertisement indicate the period of time for which the goods may be used in accordance with other legal provisions, this is a special indication of the guarantee of quality, in which case the Customer shall be granted a guarantee of quality according to the indication specifying the longer guarantee period. The goods may be claimed together with their
delivery to the Company. The Customer shall send the goods to the address designated for the receipt of shipments:
Boost Oxygen Europe Ltd.
EC Logistics – Czech Republic s.r.o.
K vypichu 1308
252 19 Rudna u Prahy
The buyer can also hand over the goods in person at the above address. When sending the goods for complaint, the Complaint Sheet, which can be downloaded at the end of these Terms and Conditions, can be used.
9.4 The Company will decide on the complaint immediately, in complex cases within three working days. This time limit does not include any time reasonable according to the type of product or service required for a professional assessment of the defect. The Company shall settle the complaint, including the rectification of the defect, without undue delay, within 30 days at the latest. The Customer shall be notified of the manner in which the complaint will be settled in an appropriate manner. The 30-day period may be extended by agreement after the claim has been made – such extension may not
be for an indefinite or unreasonable period of time. After the expiry of this period, the Purchase Contract shall be deemed to have been breached by the Company in a material manner.
9.5 If the Goods do not have the characteristics set out in clause 9.1 of these Conditions, i.e. if the claim is justified, the Customer may demand their repair. If this is not unreasonable in view of the nature of the defect, or if repair of the goods is not possible, the Customer may demand replacement of the goods. If the defect relates only to a part of the goods, the Customer may only demand the replacement or repair of such part, failing which the Customer may withdraw from the contract. The Customer acknowledges that if it is possible and expedient to resolve the complaint by repair, this procedure will be preferred to replacement of the goods.
9.6 The Customer shall be entitled to delivery of new goods or replacement of a part even in the case of a removable defect if the goods cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In such a case, the Customer shall also have the right to withdraw from the contract.
9.7 If the Customer does not withdraw from the contract or does not exercise the right to have new goods delivered without defects, to have parts of the goods replaced or to have the goods repaired, the Customer may demand a reasonable discount. The Customer shall also be entitled to a reasonable discount if the Company is unable to supply new Goods free from defects, to replace a part of the Goods or to repair the Goods, or if the Company fails to remedy the defect within a reasonable time or if it would cause the Customer considerable difficulty to remedy the defect.
9.8 The provisions of the Act and these Conditions relating to the Company’s liability for defects in the Goods shall not apply
– in the case of goods sold at a lower price, to the defect for which the lower price was agreed,
– to wear and tear caused by normal use of the goods,
– in the case of second-hand goods, to a defect corresponding to the degree of use or wear and tear to which the goods were subject when taken over by the buyer; or
– if the nature of the goods so requires.
9.9 The Buyer shall not be entitled to the right of defective performance if the Buyer knew before taking over the goods that the goods were defective or if the Buyer caused the defect.
9.10 If the Customer exercises the right of defective performance, the Company shall confirm to the Customer in writing when the right was exercised, as well as the repair and the duration of the repair.
10. Compensation for property damage
10.1 The Company and the Customer agree that both shall be liable in cases of breach of their contractual or statutory obligations for property damage in accordance with the relevant provisions of Act No. 89/2012 Coll., Civil Code, as amended (Sections 2894 et seq.).
10.2 The Company expressly declares that, when concluding the Purchase Agreement with the Customer, it does not foresee that the property damage caused in connection with the breach of contractual or legal obligations to the Customer in question could exceed the purchase price of the goods in question. If the property damage could be higher, the Customer is obliged to notify the Company of this fact in its order.
10.3 In the event of loss of data, the Company shall only be liable for the resulting property damage if the Customer has demonstrably backed up the data files regularly, at least once a day.
11. Protection of personal data
The Company hereby notifies the Subscriber that all personal data he has submitted to the Company, including his address, is stored in the Company’s database for fast and error-free processing. The processing of the data provided is carried out in accordance with the provisions of the relevant data protection legislation. By registering in the Company’s e-shop or placing an order, the Subscriber gives consent to the Company to use all the data provided by the Subscriber for processing for the purpose of order fulfilment and for the Company’s marketing purposes, in particular for offering the Company’s services and products, sending information about the Company’s activities, including by electronic means (in particular e-mail) within the meaning of Act No. 480/2004 Coll, on certain information society services, for the period until the revocation of this consent, as well as providing them to companies of the Boost Oxygen s.r.o. group whose registered office is located in a Member State of the European Communities. The Subscriber is entitled to notify the Company in writing at any time that he/she does not agree to the use of his/her contact details by the Company in accordance with these Terms and Conditions, by written notice sent to the Company’s registered office address by registered mail or fax. In the case of an order for goods via the Company’s online shop, the Company shall not be entitled to use the “data use” field if the
contact data. The Company may delegate the processing of the aforementioned personal data to a third party as a processor (delivery agent and others with whom the Customer will be familiar).
The Subscriber acknowledges that the consent to the processing of personal data for the above purposes is voluntary and may be withdrawn at any time, or the Subscriber may notify the Company of his/her opposition to certain processing of personal data. In such case, however, the execution of the order may be adversely affected. The Subscriber has the right to modify the personal and contact data in the Company’s database, electronically by sending an e-mail to email@example.com . If the Subscriber discovers or believes that the Company or the Processor is processing his/her personal data in a way that is contrary to the protection of the Subscriber’s private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he/she may ask the Company or the Processor for an explanation or demand that these entities remedy the situation. In particular, this may include blocking, rectification, completion or destruction
12. Choice of law
12.1 The Purchase Agreement between the Company and the Customer shall be governed by the provisions of Act No. 89/2012 Coll., the Civil Code, as amended.
12.2 Legal relations between the Company and the Customer in the delivery of goods and services shall be governed by the law of the Czech Republic.
13. Out-of-court settlement of consumer disputes
In the event of a dispute with the Company arising out of a mutual consumer relationship, the Customer is entitled to turn to an out-of-court consumer dispute resolution body, which for goods offered by the Company is the Czech Trade Inspection Authority (www.coi.cz). The procedure before the out-of-court consumer dispute resolution body is free of charge (the parties bear only their own
costs) and its purpose is to resolve the dispute between the consumer and the seller without the need to spend money on court proceedings. Proceedings before an out-of-court consumer dispute resolution body are further regulated by Act No 634/1992 Coll., on Consumer Protection, in its provisions § 20d to § 20m. Further detailed information can be obtained on the website of the Czech
Trade Inspectorate in the section Out-of-court resolution of consumer disputes http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/). However, before initiating the above-mentioned proceedings, we recommend that you resolve any
dispute amicably directly with the Company.
14. Final provisions
14.1 The Customer is not entitled to set off any of its claims against the Company’s claims arising from the delivery of the goods.
14.2 If any provision of these Conditions (Contract of Sale) is or becomes invalid or unenforceable, the validity and enforceability of its other provisions shall not be affected if that provision can be severed from these Conditions (Contract of Sale) as a whole. The Parties shall use their best endeavours to replace such provision with a new provision which is as similar in content and effect as possible to the invalid or unenforceable provision within 30 days of the date on which the relevant provision of these Terms and Conditions (the Purchase Agreement) becomes invalid, repugnant or
unenforceable, or when a Party has become aware of it and has informed the other Party, whichever is earlier.
14.3 The Company may unilaterally amend these Conditions at any time and any amendment to these Conditions shall be effective on the date of its announcement unless otherwise stated.