Terms and conditions

These Terms and Conditions apply to purchases made in the online store operated by Petr Bečvář – BESPO and are effective as of 5 January 2022. These terms define and specify in greater detail the rights and obligations of the seller, which is the company Petr Bečvář – BESPO, with its registered office at Masarykovo náměstí 24, 398 11 Protivín, Company ID No.: 46654437, VAT ID No.: CZ7406121580, registered with the Municipal Authority in Písek, and the buyer (customer, consumer).

All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If the contracting party is a consumer, any relations not regulated by these Terms and Conditions shall be governed by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.).

If the contracting party is not a consumer, any relations not regulated by these Terms and Conditions shall be governed by the Civil Code (Act No. 89/2012 Coll.).

DEFINITION OF TERMS

The seller is the company Petr Bečvář – BESPO, with its registered office at Masarykovo náměstí 24, 398 11 Protivín, Company ID No.: 46654437, VAT ID No.: CZ7406121580, registered with the Municipal Authority in Písek.

The company Petr Bečvář – BESPO acts, when concluding and performing contracts, within the scope of its business or other entrepreneurial activities. It is an entrepreneur who supplies goods to the buyer or provides services either directly or through other entrepreneurs.

The customer of our online store is the buyer. In accordance with applicable legislation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.

A buyer who is a consumer, or simply a consumer, is any individual who, outside the scope of their business activities or outside the independent performance of their profession, enters into a contract with an entrepreneur or otherwise deals with an entrepreneur.

A buyer who is not a consumer is an entrepreneur. An entrepreneur is also considered to be any person who enters into contracts related to their own business, production, or similar activities, or in the independent performance of their profession, as well as any person acting on behalf of or for the account of an entrepreneur.

PURCHASE AGREEMENT

If the buyer is a consumer, the proposal to conclude a purchase agreement (offer) is the placement of the offered goods by the supplier on the website. The purchase agreement is concluded upon the submission of the order by the buyer–consumer and the acceptance of the order by the supplier. The supplier shall immediately confirm such acceptance to the buyer by an informational e-mail sent to the provided e-mail address; however, this confirmation has no effect on the conclusion of the agreement itself.

The concluded agreement (including the agreed purchase price) may only be amended or cancelled based on an agreement between the parties or for reasons stipulated by law.

Before sending the order to the seller, the buyer is given the opportunity to review and modify the information entered into the order, including the possibility to identify and correct errors made when entering data into the order. The buyer submits the order to the seller by clicking the button “Submit order with obligation to pay”.

If the buyer is not a consumer, the proposal to conclude a purchase agreement is the order for goods submitted by the buyer, and the purchase agreement itself is concluded at the moment the seller delivers a binding acceptance of this proposal to the buyer.

By concluding the purchase agreement, the buyer confirms that they have become acquainted with these Terms and Conditions (by ticking the relevant checkbox), including the complaints procedure, and that they agree with them. The buyer is sufficiently informed of these Terms and Conditions and the complaints procedure before placing the order and has the opportunity to familiarize themselves with them.

The time limit for processing complaints shall be suspended if the seller has not received all documents necessary for handling the complaint (such as parts of the goods, other supporting documents, etc.). The seller is obliged to request the missing documents from the buyer as soon as possible. The time limit shall be suspended from the date of such request until the requested documents are delivered by the buyer.

The seller also reserves the right to cancel an order or part of an order before the purchase agreement is concluded, based on an agreement with the buyer, in the following cases: the goods are no longer manufactured or supplied, or the supplier’s price of the goods has changed significantly.

If the buyer has already paid part or the entire purchase price, this amount shall be refunded to the buyer’s bank account or address, and the purchase agreement shall not be concluded.

No consumer rights may be claimed for gifts provided completely free of charge. Such goods comply with the conditions of a Gift Agreement and with all applicable standards under the legislation of the Czech Republic.

USER ACCOUNT

Based on your registration within the online store (E-shop), you may access your User Account.

When registering a User Account, you are obliged to provide all required information correctly and truthfully and to update this information in the event of any changes.

Access to the User Account is secured by a username and password. You are obliged to keep these login details confidential and not to provide them to any third party. In the event that these details are misused, we shall not be liable for any resulting damage or consequences.

The User Account is personal, and therefore you are not authorized to allow third parties to use it.

We may cancel your User Account, particularly if it has not been used for more than one year or if you breach your obligations under the Agreement.

The User Account may not be available continuously, particularly due to necessary maintenance of hardware and software equipment.

PAYMENT TERMS

Payments in our online store (E-shop) can be made as follows:

• Cashless payment by card online via the Shoptet Pay payment gateway
• Google Pay
• Apple Pay
• Payment by bank transfer is also possible upon prior agreement
• Discount vouchers

When purchasing goods with a value higher than the nominal value of the voucher, the customer shall only pay the difference between the voucher value and the total price of the goods.

A discount voucher may also be used for the purchase of goods with a lower price than the value of the voucher; however, the remaining balance cannot be refunded. In such a case, the remaining amount is forfeited.

DELIVERY TERMS

The delivery time of goods always depends on their availability and on the selected method of delivery and payment. The estimated delivery time of the goods will be communicated to you in the order confirmation. The delivery times stated in these Terms and Conditions are for guidance only and may differ from the actual delivery time.

In the case of personal collection at the store premises, we will always inform you by e-mail when the goods are ready for collection.

Delivery is carried out via the courier delivery company PPL to the address specified by the buyer in the order. Alternatively, based on a prior agreement with the customer, delivery of goods may be carried out by another method.

If an order contains only products marked as “Custom made”, or contains both products marked as “Custom made” and products marked as “In Stock”, the delivery time is as follows:

• Orders received between the 1st and 15th day of the month will be entered into production on the next working day after this period and delivered within a maximum of 6 weeks (unless specified otherwise).
• Orders received between the 16th and 30th/31st day of the month will be entered into production on the next working day after this period and delivered within a maximum of 6 weeks (unless specified otherwise).

If an order contains only products marked as “In Stock”, the delivery period is 3–5 working days.

ALL PRODUCTS ARE MARKED WITH THE BESPO COMPANY LOGO

Both upper and lower parts of clothing are, in their default configuration, visually marked with BESPO company branding elements.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code).

The seller shall be liable to the consumer for ensuring that the goods are free from defects upon receipt. In particular, the seller shall be liable to the consumer that, at the time the consumer received the goods:

• the goods have the characteristics agreed upon by the parties and, in the absence of such an agreement, have the characteristics described by the seller or manufacturer, or those which the buyer expected with regard to the nature of the goods and based on advertising carried out by them;
• the goods are suitable for the purpose stated by the seller for their use or for the purpose for which goods of this kind are normally used;
• the goods correspond in quality and workmanship to the agreed sample or model, where the quality or workmanship was determined according to an agreed sample or model;
• the goods are supplied in the appropriate quantity, measure, or weight; and
• the goods comply with the requirements of applicable legislation.

If the goods do not have the above-mentioned characteristics, the consumer may request delivery of new goods free from defects, unless this is unreasonable due to the nature of the defect. If the defect concerns only a component of the goods, the consumer may request replacement of that component only. If this is not possible, the consumer may withdraw from the contract.

However, if replacement of the goods or a component would be disproportionate due to the nature of the defect, especially if the defect can be remedied without undue delay, the consumer has the right to have the defect remedied free of charge.

The consumer also has the right to receive new goods or have a component replaced in the event of a defect that can be remedied, if the consumer cannot properly use the goods due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the consumer also has the right to withdraw from the contract.

If the consumer does not withdraw from the contract or does not exercise the right to receive new goods free from defects, replace a component, or repair the goods, the consumer may request a reasonable discount.

The consumer also has the right to a reasonable discount if the seller cannot provide new goods free from defects, replace a component, or repair the goods, as well as in cases where the seller fails to remedy the defect within a reasonable period of time or where remedying the defect would cause significant difficulties for the consumer.

The buyer shall not be entitled to rights arising from defective performance if the buyer knew before taking over the goods that the goods had a defect, or if the buyer caused the defect themselves.

The consumer is entitled to exercise rights arising from defects that occur in consumer goods within twenty-four months from the date of receipt of the goods.

If a defect appears within six months of receipt of the goods, it shall be presumed that the goods were already defective at the time of receipt.

Further rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s Complaints Procedure.

CONSUMER’S RIGHT TO WITHDRAW FROM THE CONTRACT

If the purchase agreement is concluded using means of distance communication (in an online store), the consumer has, in accordance with Section 1829(1) of the Civil Code, the right to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods (if the subject matter of the purchase agreement consists of several types of goods or the delivery of several parts, this period shall begin on the day of receipt of the last delivery of goods).

The withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence.

Withdrawal from the contract is not possible for ordered items that are manufactured to order. This applies to items marked with availability “Custom made”. Withdrawal from the contract is also not possible in cases where the goods have been individually customized, for example by adding name labels, numbers, logos, or similar modifications.

If the consumer wishes to withdraw from the contract within the 14-day period pursuant to the above provisions, they shall contact the seller and preferably provide a written statement indicating that they are withdrawing from the contract, ideally including the order number, purchase date, and bank account number for the refund.

Note: The money may also be refunded in cash at the company’s registered office or at one of its operating premises.

For withdrawal from the purchase agreement, the consumer may also use the model withdrawal form: BESPO – Model Withdrawal Form, provided by the seller and forming an annex to these Terms and Conditions.

The consumer may send the withdrawal from the purchase agreement, among other methods, to the seller’s business address or to the seller’s e-mail address: info@bespo.cz.

If the buyer withdraws from the contract in accordance with the above provisions, the seller shall refund the monetary funds received from the buyer (except for the amount representing additional delivery costs incurred as a result of the buyer choosing a delivery method other than the cheapest standard delivery method offered by the seller) within 14 days from the date of withdrawal from the purchase agreement by the buyer. The refund shall be made using the same method by which the seller received the payment from the buyer, unless the buyer specifies otherwise.

The seller is also entitled to refund the payment provided by the buyer at the time of returning the goods or by another method, provided that the buyer agrees and no additional costs arise for the buyer.

If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods have been sent back to the seller.

The statutory right to withdraw from a contract within 14 days shall not be understood as an opportunity to borrow goods free of charge.

If the consumer exercises the right to withdraw from the contract within 14 days from receipt of the goods, the consumer must return to the seller, within 14 days from the withdrawal, everything obtained under the purchase agreement. If this is no longer possible (for example, if the goods have been destroyed or consumed in the meantime), the consumer must provide monetary compensation corresponding to the value of what can no longer be returned.

If the returned goods are only partially damaged, the seller may claim compensation for the damage from the consumer and set off this claim against the purchase price to be refunded. In such a case, the seller is obliged to prove the damage incurred. The seller shall then refund only the purchase price reduced accordingly.

The seller may deduct from the purchase price to be refunded to the buyer any actual costs incurred in connection with the return of the goods.

In accordance with Section 1837 of the Civil Code, the consumer does not have the right to withdraw from the contract, in particular, in the following cases:

• contracts for the provision of services, if the services have been performed with the consumer’s prior express consent before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that, in such a case, the consumer would not have the right to withdraw from the contract;
• contracts for the supply of goods or services whose price depends on fluctuations in the financial market beyond the entrepreneur’s control, which may occur during the withdrawal period;
• contracts for the supply of goods that have been modified according to the consumer’s wishes or for the consumer’s person (custom-made production);
• contracts for repairs or maintenance carried out at a place designated by the consumer at their request; this does not apply to subsequent repairs other than those requested or the supply of replacement parts other than those requested;
• contracts for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons;
• contracts concluded on the basis of a public auction pursuant to legislation governing public auctions.

The seller reserves the right to cancel an order for goods marked as “Currently Unavailable” if the goods can no longer be delivered or replaced with another model, or if the price has changed significantly and the customer does not accept this change before the purchase agreement is concluded. The seller shall inform the customer of such a situation.

If part or all of the order has already been paid, the money will be refunded to the customer’s bank account.

Seller’s website: www.eshop.bespo.cz.