General Terms and Conditions
These are the General Terms and Conditions ("GTC") of the company Bjež Original, s.r.o. with its registered office in Dřevčice 174, 250 01, Identification number: 088 30 541, registered in the Commercial Register of the Municipal Court in Prague under the Commercial Register number C 324977 ("Seller" or "we"). The Terms and Conditions govern the relationship between us as the Seller and you as the Buyer ("Buyer" or "you") in our online store, which can be found at www.bjez.com (" Online store").
Please read them carefully so that you know how shopping with us works and what to do if you have something to clarify.
Headquarters: Bjež Original, s.r.o., Dřevčice 174, ZIP 250 01, Czech republic
Business address/Contact point: Bjež Original, s.r.o., Mladoboleslavská 958, 197 00 - Praha 9 – Kbely, Czech republic
Identification number: 088 30 541
Phone: +420 733 737 079
Managing Director: Alžběta Ježková
- Unless otherwise expressly stipulated, for the purposes of these Terms and Conditions, any person who enters into a contract with the Seller or otherwise trades with the Seller outside his commercial activity or outside his independent professional practice shall be deemed to be a consumer in accordance with the law.
- These GTC are written in English and the purchase contract is concluded in English.
Order and conclusion of the purchase contract
- The contractual relationship between us and you is governed by the applicable statutory provisions and the purchase contract, of which these Terms and Conditions are an integral part. What we agree otherwise in the contract shall take precedence over the provisions of these General Terms and Conditions.
- Please check the goods and the information you provide before placing your order. To place your order, click on the button "Buy for". This will create a purchase contract between us (our obligation to deliver the goods to you and put you in possession of the goods, and your obligation to take possession of the goods and pay us the purchase price). We will then send you an order confirmation to your email address. Together with this confirmation, you will also receive the text of these General Terms and Conditions. However, you have of course already read them before you complete your order in the online store.
- A contract of purchase is concluded only if all essential elements have been negotiated, as provided by law. If an essential element is missing, no contract can be concluded between us. Furthermore, according to the law, the acceptance of an offer that includes a change or deviation is excluded (that is, if you respond to our offer with an additional request, for example, the contract between us is not automatically concluded without further delay).
- We are entitled to withdraw from the purchase contract at any time until you have accepted the goods. In this case, we will refund the purchase price for the undelivered items immediately and to the account specified by you. In case of non-delivery of the entire order, we will refund you the price including the cost of delivery of the goods.
- We reserve the right to withdraw from the purchase contract if the goods are not available because they are no longer produced or sold out. In such a case, we will of course inform you immediately via the e-mail address provided in the order or by telephone and refund all payments, including delivery costs, that we have received from you under the contract within 14 days of the notification of withdrawal in the same or an agreed manner.
- If a price is quoted, which is obviously a typing or calculation error, the price shall not be binding and no contract shall be concluded between us. The contract becomes binding and valid only after it has been agreed and confirmed by our responsible sales representative.
- When placing an order, you choose the goods, the number of pieces, the method of payment and delivery.
- You are obliged to provide correct and truthful information when ordering products. We consider the information provided in your order to be correct. We are not liable for any damage caused by providing outdated, incorrect or incomplete information, for example, if we cannot deliver a product to you because you provided an incorrect address.
- If the nature of the order is unusual, we may ask you for an additional confirmation by e-mail. In this case, the purchase contract between us is concluded only at the moment of receipt of the order confirmation.
- By entering into a purchase contract, you agree to the use of means of distance communication and to the fact that after the conclusion of the purchase contract we communicate by e-mail about the purchase contract, e.g. about complaints or withdrawal from the purchase contract. The costs incurred when using means of distance communication (e.g. internet connection or telephone costs), which do not differ from the normal rate, are to be borne by you.
- You also agree that we may use an automated communication system (such as a chatbot) to communicate with you. Of course, this will not incur any costs for you.
- By submitting your order, you expressly acknowledge that you are aware that these Terms and Conditions form an integral part of the purchase contract and that you have read these Terms and Conditions in detail, agree to them and undertake to comply with them.
- If we have made a mistake in the price information in the online store or during the ordering process, we are not obliged to deliver the product to you at the wrong price. We will inform you as soon as possible by e-mail or telephone about such an error and send you an updated offer. This will constitute a new offer to purchase. In this case, the purchase contract is not concluded until you confirm that you agree with the new and correct purchase price.
- You can order goods from us either through your registered customer account or by filling out the order form without registration.
- With a customer account you not only have an overview of all your orders, but you can also benefit from various other advantages, such as discounts or other special offers for our loyal customers.
- The customer account is protected by a user name (e-mail) and password. Do not disclose this access data to third parties. The customer account belongs to you alone and you are not authorized to give it to third parties for use.
- We are not responsible for any misuse of the customer account by third parties.
- You can terminate your customer account at any time. Likewise, we may terminate it if you violate these Terms and Conditions or the Agreement. However, we will usually inform you in advance.
- The name of the goods and a description of their main features are listed directly in the online store for each item.
- The price of the goods is indicated directly in the online store. This price is inclusive of all taxes and fees (including VAT). Beyond the price we charge you only the cost of delivery, depending on country of delivery.
- The purchase price of the goods is agreed in each purchase contract, and the amount of the purchase price corresponds to the purchase price of the goods in question, which is stated in the online store at the time of the order.
- You can pay the price of the goods and the costs associated with the delivery in the following ways:
a) Bank transfer to our account (EUR currency):
b) Online Credit card
- If the goods are listed as "in stock", we will ship the goods within 5 working days after we receive the payment on the account.
- Goods that are made to order, we deliver (after prior confirmation by us) within 3-6 weeks after approval of the graphic documents by the buyer and receipt of the deposit of 50% of the final price of the order.
- You are obliged to accept and pay for the ordered goods. Upon receipt of the goods, we recommend that you immediately check the packaging of the package and, of course, its contents.
- We will send you the documents related to the goods, especially the invoice, by e-mail to the e-mail address specified in the order.
- If, for reasons that are on your side, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, you are obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different way of delivery.
- The goods can be shipped via DHL, DPD, GLS or other carrier listed in the online store.
- The shipping costs are always indicated in the order process in the online store.
Gaining the right of ownership
- If you are a consumer, the ownership of the goods as well as the risk of damage to the goods passes to you when you take over the goods from the contracted transport service provider.
- If you are not a consumer, we will deliver the goods to you by handing them over to the selected carrier and giving you the opportunity to exercise your rights under the transportation contract against the selected carrier. The risk of damage to the goods passes to you when the goods are handed over to the selected carrier for delivery to the destination specified in the order.
Production of team products (tailor-made products)
- If agreed, we can also produce some goods for you according to your requirements.
- In this case, we will conclude the purchase contract together by e-mail. The whole process is that we will make an offer based on your request. Together with the offer, we will send you these terms and conditions. If you agree with the offer, all we need is your approval via email and we can get started. In the confirmation of the offer, you must explicitly agree to these terms and conditions.
- We are ready to develop the graphic design and print preparation of the given product. The price for graphic design and print preparation is 39 EUR + VAT. The price for the graphic design is valid only for a single design/color of the goods.
- In case of non-fulfillment of the order, you agree to pay for the graphic work in the amount of 39 EUR/hour + VAT.
- If you wish to make changes to the graphic design after the design has been approved, you agree to pay an amount of 39 EUR/hour + VAT for the graphic work (will be added to the total amount and indicated on the invoice).
- Please note that for customized products (with your logo, images or similar customizations), withdrawal from the contract is not possible. For more details about withdrawal from the contract, please see the following section.
- For detailed information on the ordering and delivery process for team headbands and other tailor-made products, please see the Team Headbands section.
Withdrawal from the contract
- The provisions of this article of the General Terms and Conditions apply exclusively to the Buyer who is a consumer.
- The consumer has the right to cancel the purchase contract within 14 days from the date of receipt of the goods. If we send you the goods in several shipments, the period is calculated from the receipt of the last shipment, on the contrary, if we regularly supply you with some goods, the withdrawal period is calculated from the delivery of the first shipment. The withdrawal period is considered to be met if the consumer sends the seller a notice of withdrawal from the contract during the withdrawal period.
- It is not possible to withdraw from the contract under this article of the General Terms and Conditions if you order customized goods from us. It is not possible under this article to withdraw from a contract where the goods have been made or customized for you according to your wishes.
- You can also not withdraw from the contract if you bought the goods in a sealed package, the package was broken (unpacked) and the goods can not be returned for hygienic reasons.
- You can withdraw from the contract by any clear declaration delivered to us e.g. via e-mail or post mail.
- You can also withdraw from the purchase contract using the online form that you can find here on the website. We will then immediately confirm receipt of the form.
- We appreciate if you tell us the reason for the return, but it is not obligatory. You should send the package as registered letter to our address.
- If you withdraw from the purchase contract in accordance with this article of the General Terms and Conditions, you must send or hand over the goods to us without delay, but no later than fourteen days after the withdrawal from the contract.
- The cost of returning the goods in question to us will be borne by you unless otherwise stated.
- If you revoke the purchase contract, we shall return to you all payments received from you under the purchase contract, including the delivery costs of the goods, without undue delay and no later than within fourteen days from the date of revocation in the same manner. We may only return the payments received to you by other means if you agree to this and no additional costs are incurred by you as a result.
- If you have chosen a shipping method other than the cheapest offered by us, we will reimburse you for the cost of delivery of the goods at the price of the cheapest shipping method offered.
- If you withdraw from a part of the purchase contract, i.e. do not return all the items of the order, but only a part of it, we will not refund the amount we received from you for the delivery of the goods.
- If you withdraw from the purchase contract, we will refund the money within 14 days after receiving the notification of withdrawal from the contract. However, we can wait to transfer the money until we receive the goods back from you or until you send us proof of postage.
- The package must not be sent cash on delivery, because in this case, it will not be accepted and will be returned to you.
- Returned goods must be complete, preferably in their original packaging, and show no signs of wear or damage.
- If we send you a gift together with the goods, the gift contract between us is concluded under the condition that in case of your cancellation you are obliged to return the gift together with the goods.
- You must pay for any value loss of the goods only if such loss in value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods (this means, for example, that you can try on our clothes, but you have to leave the labels on).
- If the returned goods have been damaged due to your breach of duty, we are entitled to demand a reduction in value of the goods from you and to offset this against the return amount.
Rights arising from defective performance (claims) and complaints procedure
1. We are responsible for ensuring that the goods are free from defects upon receipt. In particular, we are responsible for ensuring that the goods:
(a) corresponds to the agreed description, type and quantity as well as quality, functionality, compatibility and other agreed properties;
b) is suitable for the purpose for which you need it and to which we have agreed;
c) is supplied with the agreed accessories and instructions for use, including assembly or installation instructions. We send instructions if it is necessary due to the nature of the goods.
2. We are further responsible for ensuring that in addition to the agreed features:
a) the goods are fit for the purpose for which they are normally used, including with regard to third party rights, legislation, technical standards or industry codes of practice in the absence of technical standards;
b) the goods correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind that you can reasonably expect, also taking into account public statements by us or any other person in the same contractual chain, in particular advertising or labeling;
c) the goods are supplied with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect. We send instructions if it is necessary due to the nature of the goods.
d) the goods correspond in quality or design to the sample or specimen that we provided to you prior to the conclusion of the purchase contract.
We shall not be liable for the last four points if we have expressly informed you before the conclusion of the purchase contract that some features of the goods deviate and you have expressly agreed to this at the conclusion of the purchase contract.
3. You may assert your rights arising from the defective performance within two years after receipt of the goods. If the defect becomes apparent within one year of receipt of the goods, the goods shall be deemed to have been defective upon receipt, unless the nature of the goods or the defect precludes this. This period does not run for the time during which you cannot use the goods if you have justifiably complained about the defect.
4. If you have rightfully complained about the defect, the two-year period for exercising the rights arising from the defective performance does not run during the period in which you could not use the item.
5. You have no rights from defective performance if you caused the defect. A defect in the goods is not normal wear and tear caused by normal use (for example, in the case of fashionable headbands, tearing of the elastic silicone band is not considered a defect, which may tear over time even during normal and proper wear, but this does not affect the functionality and appearance of the headband).
6. In the case of used goods, wear and tear corresponding to the extent of previous use does not constitute a defect. If you purchase a used item from us, you can only assert your rights arising from the defective performance within one year of receipt of these goods.
7. You can submit a complaint e.g. via the electronic form available here, by e-mail to email@example.com or by letter sent to Mladoboleslavská 958, Prague 9, 197 00, Czech Republic. Please do not send the goods to us by cash on delivery, we will not accept them.
8. The goods should be delivered complete, i.e. as you received them from us, so that we can assess the complaint.
9. If you would like to make a claim, please let us know:
a) Your contact information;
b) a description of the defect of the goods;
c) the way the complaint should be handled
10. If the goods have a defect, you can demand that the defect be remedied. According to your choice you can demand:
a) Delivery of a new item without defects; or
b) Repair of the item
unless the type of subsequent performance chosen by you is impossible for us or involves disproportionate costs compared to the other type of subsequent performance. In this case, we may refuse to remedy the defect, taking into account in particular the significance of the defect and the value that the goods would have had without the defect.
11. In these cases, you can demand an appropriate price reduction or withdraw from the contract:
a) if we have refused to remedy the defect or have failed to remedy it within a reasonable time after discovery of the defect so that you do not suffer any significant inconvenience;
b) if the defect occurs repeatedly, i.e. three or more times;
c) if the defect constitutes a material breach of contract;
d) if it is clear from our statement or the circumstances that we will not remedy the defect within a reasonable period or without considerable inconvenience to you.
12. However, you cannot withdraw from the contract unless the defect is significant.
13. You can assert your defect rights directly with us.
14. You shall not have to pay us the outstanding purchase price or any part thereof until we have fulfilled our obligations arising from the defective performance.
Processing of complaints
15. Unless another place (e.g. a repair shop) is assigned with the repair, we are obliged to accept the complaint at any place where this is possible within the range, i.e. also at our headquarters.
16. When you submit a request, we will send you an electronic confirmation indicating the date the request was submitted, the content of the request, how the request was processed, and your contact information so that we can let you know when the request was finished.
17. Within 30 days after the complaint (complaint means, that we have received the goods) we will process the complaint (including the elimination of the defect) and inform you about it. We can mutually agree on a longer period. If we do not meet the 30-day deadline, you can withdraw from the contract or ask for a reasonable discount.
18. After the claim has been settled, we will send you an electronic confirmation of the date and method of settlement, including confirmation of the repair and the duration of the repair, or a written confirmation of the rejection of the claim.
19. You are entitled to reimbursement of the costs you have incurred in pursuing the claim (if they are justified and recognized), which costs will be considered the lowest possible. You must request reimbursement of the costs within one month of the expiry of the deadline for the complaint, otherwise the reimbursement may be refused. The right to reimbursement of purposefully incurred costs for filing a claim does not arise if
the buyer is an entrepreneur.
20. Before using a product for the first time, you must read the instructions for use, if we send them to you electronically or with the product, and follow the instructions contained therein. Otherwise, you run the risk that the goods will be damaged by improper use and you will not be able to assert the resulting defect within the scope of your warranty rights.
- All information exchanged in the course of our cooperation is confidential and will be treated as such.
- Details on data protection are contained in the Personal Data Processing Policy.
Out-of-court dispute resolution
The EU Commission has created an Internet platform for the online settlement of consumer disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
- We are not bound by any codes of conduct in our dealings with you.
- All rights to the website ("Online Store"), in particular the copyrights to the content, including the page layout, movies, graphics, photos, trademarks and other content and elements, belong to us ("Seller"). It is prohibited to copy, modify or otherwise use the Online Store or any part thereof in any way without the consent of the Seller.
- We are not liable for errors resulting from third party intervention in the online store or from its improper use.
- In using the Online Store, you may not engage in any practice that could interfere with its operation, and you may not take any action that could enable you or any third party to interfere with or make unauthorized use of the Software or other components that make up the Online Store, or use the Online Store or any part thereof or the Software in a manner inconsistent with its purpose or intent.
- The buyer does not have the right to demand renegotiation of the contract if such a significant change in circumstances has occurred that the change creates a particularly gross disproportion between the rights and obligations of the parties (the buyer assumes the risk of a change in circumstances).
- The law of the Czech Republic shall apply to all legal relations between the parties, without this choice depriving the consumer of the protection afforded to him by the provisions of the law of the country of his habitual residence.
- We may change or amend the General Terms and Conditions at any time. However, the GTC shall apply to a particular purchase contract in the version valid at the time of the conclusion of the purchase contract. We will announce any such change to the GTC by publishing it in the online store.
- The sample cancellation form available here and the reclamatin form available here create an annex to the General Terms and Conditions (GTC).
- These terms and conditions become effective on July 24, 2023.