Obchodní podmínky

Terms and Conditions

I. Basic Provisions

1.     These General Terms and Conditions (hereinafter the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”).

Bionic Production s.r.o.

Company ID: 10951687

Registered office: Korunní 2569/108, Prague, 10100, Czech Republic

Registration number: C 350732, registered with the Municipal Court in Prague

Bank account number: 2402638305/2010

contact details:

email info@bionicband.cz

phone +420 777 255 446

(hereinafter the “Seller”)

2.     These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside the scope of their business activity as a consumer or within the scope of their business activity (hereinafter the “Buyer”) via the web interface located on the website available at the internet address www.bionicband.cz (hereinafter the “Online Store”).

3.     The provisions of the Terms and Conditions form an integral part of the purchase contract. Provisions in the purchase contract deviating from the Terms and Conditions shall prevail over the provisions of these Terms and Conditions.

4.     These Terms and Conditions and the purchase contract are concluded in the Czech language.

II. Information about Goods and Prices

1.     Information about goods, including the prices of individual goods and their main characteristics, is stated for individual items in the catalogue of the Online Store. The prices of goods are stated inclusive of value added tax, all related fees and costs of returning the goods if, by their nature, such goods cannot be returned by the usual postal route. The prices of goods remain valid for as long as they are displayed in the Online Store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.

2.     All presentations of goods placed in the catalogue of the Online Store are of an informative nature and the Seller is not obliged to conclude a purchase contract for these goods.

3.     Information about the costs associated with the packaging and delivery of goods is published in the Online Store. The information about the costs associated with the packaging and delivery of goods given in the Online Store applies only in cases where the goods are delivered within the territory of the Czech Republic. 

4.     Any discounts on the purchase price of the goods cannot be combined with each other unless the Seller and the Buyer agree otherwise.

III. Order and Conclusion of the Purchase Contract

1.     The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the Buyer themselves. These costs do not differ from the basic rate.

2.     The Buyer orders goods in the following ways:

·        via their customer account if they have previously registered in the Online Store,

·        by filling in the order form without registration. 

3.     When placing an order, the Buyer selects the goods, the quantity of goods, the method of payment and delivery.

4.     Before sending the order, the Buyer is enabled to check and change the data that they have entered into the order. The Buyer sends the order to the Seller by clicking on the “Place binding order” button. The data stated in the order are considered correct by the Seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the Buyer’s confirmation that they have acquainted themselves with these Terms and Conditions.

5.     Immediately after receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address which the Buyer stated when placing the order. This confirmation is automatic and is not considered to constitute the conclusion of the contract. The current Terms and Conditions of the Seller are attached to the confirmation. The purchase contract is concluded only after the acceptance of the order by the Seller. The notice of acceptance of the order is delivered to the Buyer’s email address. / Immediately after receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address which the Buyer stated when placing the order. This confirmation is considered to constitute the conclusion of the contract. The current Terms and Conditions of the Seller are attached to the confirmation. The purchase contract is concluded by the Seller’s confirmation of the order to the Buyer’s email address.  

6.     If the Seller cannot fulfil any of the requirements stated in the order, the Seller shall send a modified offer to the Buyer’s email address. The modified offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by the Buyer’s confirmation of acceptance of this offer sent to the Seller’s email address stated in these Terms and Conditions.

7.     All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer has received the notice of acceptance of the order by the Seller. The Buyer may cancel the order by telephone at the telephone number or email address of the Seller stated in these Terms and Conditions.

8.     In the event of an obvious technical error on the part of the Seller when stating the price of the goods in the Online Store or during the order process, the Seller is not obliged to deliver the goods to the Buyer at this entirely obviously incorrect price, even if the Buyer has been sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions. [S6] The Seller shall inform the Buyer of the error without undue delay and send the Buyer a modified offer to the Buyer’s email address. The modified offer is considered a new draft purchase contract and the purchase contract is in such a case concluded by the Buyer’s confirmation of acceptance sent to the Seller’s email address.

IV. Customer Account

1.     Based on the Buyer’s registration made in the Online Store, the Buyer may access their customer account. From their customer account, the Buyer may place orders for goods. The Buyer may also order goods without registration.

2.     When registering for a customer account and when ordering goods, the Buyer is obliged to provide correct and truthful data. The Buyer is obliged to update the data stated in the user account whenever they change. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.

3.     Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not liable for any misuse of the customer account by third parties.

4.     The Buyer is not entitled to allow third parties to use the customer account.

5.     The Seller may cancel the user account, especially if the Buyer does not use their user account for a longer period of time or if the Buyer breaches their obligations under the purchase contract or these Terms and Conditions.

6.     The Buyer acknowledges that the user account may not be available continuously, especially with respect to the necessary maintenance of the Seller’s hardware and software equipment or the necessary maintenance of the hardware and software equipment of third parties.

V. Payment Terms and Delivery of Goods

1.     The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

·        cashless by bank transfer to the Seller’s bank account No.: 2001214181/2010 held with FIO Bank,

·        cashless via PayPal,

-        online payment (payment cards or online bank transfer), the payment is processed by the payment gateway The Pay,

·        by cash on delivery – cashless or in cash upon handover of the goods.

2.     Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also be understood to include the costs associated with the delivery of the goods.

3.     In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the purchase contract. 

4.     In the case of payment via a payment gateway, the Buyer follows the instructions of the respective provider of electronic payments.

5.     In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s bank account.

6.     The Seller does not require any advance payment or similar payment from the Buyer. Payment of the purchase price before dispatch of the goods is not considered a deposit.

7.     The goods shall be delivered by the Seller to the Buyer to the address specified by the Buyer in the order.

8.     The method of delivery is chosen during the ordering of the goods.

9.     The costs of delivery of the goods depending on the method of dispatch and receipt of the goods are stated in the Buyer’s order and in the Seller’s order confirmation. If the method of transport is agreed upon on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

10.  If the Seller is obliged under the purchase contract to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.

11.  When taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. If the Buyer finds any breach of the packaging indicating unauthorised entry into the consignment, the Buyer is not obliged to take over the consignment from the carrier.

12.  The Seller shall issue the Buyer a tax document – an invoice. The tax document is sent to the Buyer’s email address.

13.  The Buyer acquires title to the goods by paying the full purchase price for the goods, including the costs of delivery, but not before taking over the goods. The risk of accidental destruction, damage or loss of the goods passes to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods but did not do so in breach of the purchase contract.

14. The delivery period is 7 working days, unless the Seller and the Buyer agree otherwise.

VI. Withdrawal from the Contract and Money-Back Guarantee

1.     David Kaliberka provides a satisfaction guarantee and a money-back guarantee for his products.

2.     A Buyer who has concluded a purchase contract outside the scope of their business activity as a consumer has the right to withdraw from the purchase contract.

3.     The period for withdrawal from the contract is 30 days

·        from the date of taking over the goods,

·        from the date of taking over the last delivery of goods if the subject of the contract is several types of goods or the supply of several parts,

·        from the date of taking over the first delivery of goods if the subject of the contract is the regular repeated delivery of goods.

4.     The Buyer may not withdraw from the purchase contract, among other things, in the following cases:

·        for the provision of services if they have been fulfilled with the Buyer’s prior express consent before the expiry of the withdrawal period and the Seller has informed the Buyer before the conclusion of the contract that in such a case the Buyer has no right to withdraw from the contract,

·        for the delivery of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person,

·        in other cases set out in Section 1837 of the Civil Code.

5.     In order to meet the deadline for withdrawal from the contract, the Buyer must send a statement of withdrawal within the withdrawal period.

6.     Withdrawal may be made electronically by email to: info@bionicband.cz with a statement that the Buyer withdraws from the contract and with a copy of the invoice attached. The Seller shall confirm receipt of the request to the Buyer without delay.

7.     A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot, by their nature, be returned by the usual postal route.

8.     If the Buyer withdraws from the contract, the Seller shall, without undue delay and no later than 14 days from the withdrawal from the contract, return to the Buyer all monetary funds received from the Buyer, including the costs of delivery, in the same manner. The Seller shall return the received monetary funds to the Buyer in another manner only if the Buyer agrees and if no additional costs are incurred by the Buyer. 

9.     If the Buyer has chosen a method of delivery other than the cheapest method of delivery of goods offered by the Seller, the Seller shall refund to the Buyer the costs of delivery of goods only in the amount corresponding to the cheapest offered method of delivery of goods.

10.  If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received monetary funds to the Buyer before the Buyer hands over the goods to the Seller or proves that the goods have been sent to the Seller.

11.  The Buyer must return the goods to the Seller undamaged and clean and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

12.  The Seller is entitled to withdraw from the purchase contract due to sold-out stock, unavailability of the goods or if the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall inform the Buyer of this without delay via the email address stated in the order and shall, within 14 days of the notice of withdrawal from the purchase contract, return all monetary funds, including the costs of delivery, received from the Buyer under the contract, in the same manner or in a manner specified by the Buyer.

VII. Rights Arising from Defective Performance

1.     The Seller is liable to the Buyer for the goods being free of defects upon takeover. In particular, the Seller is liable to the Buyer that at the time when the Buyer takes over the goods:

·        the goods have the characteristics that the parties have agreed upon, and if there is no such agreement, the goods have such characteristics as the Seller or the manufacturer has described or which the Buyer expected with regard to the nature of the goods and on the basis of advertising conducted by them,

·        the goods are fit for the purpose which the Seller states for their use or for which goods of this kind are usually used,

·        the goods correspond in quality or workmanship to the agreed sample or template, if the quality or workmanship was determined according to an agreed sample or template,

·        the goods are in the appropriate quantity, measure or weight, and

·        the goods comply with the requirements of legal regulations.

2.     If a defect appears within six months of the takeover of the goods by the Buyer, the goods are deemed to have been defective at the time of takeover. The Buyer is entitled to assert the right arising from a defect that occurs in consumer goods within twenty-four months of takeover. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by normal use, in the case of used goods to a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or if this results from the nature of the goods.

3.     In the event of a defect, the Buyer may lodge a complaint with the Seller and request:

·        replacement with new goods,

·        repair of the goods,

·        a reasonable discount on the purchase price,

·        withdrawal from the contract.

4.     The Buyer has the right to withdraw from the contract if:

·        the goods have a substantial defect,

·        the Buyer cannot properly use the goods due to repeated occurrence of a defect or defects after repair,

·        there is a larger number of defects in the goods.

5.     The Seller is obliged to accept complaints at any establishment where acceptance of complaints is possible, or at its registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation stating when the Buyer exercised the right, what the content of the complaint is and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and manner of handling the complaint, including confirmation of the repair carried out and the duration of the repair, or a written justification for rejecting the complaint.

6.     The Seller or an employee authorised by the Seller shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be resolved without undue delay, no later than 30 days from the date of lodging the complaint, unless the Seller and the Buyer agree on a longer period. The lapse of this period in vain is considered a substantial breach of contract and the Buyer has the right to withdraw from the purchase contract. The moment of lodging the complaint is considered to be the moment when the Buyer’s expression of will (exercising the right arising from defective performance) reaches the Seller.

7.     The Seller shall inform the Buyer in writing about the result of the complaint procedure.

8.     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.

9.     In the case of a justified complaint, the Buyer has the right to compensation for the reasonably incurred costs connected with the lodging of the complaint. The Buyer may exercise this right against the Seller within one month after the expiry of the warranty period.

10.  The Buyer has the right to choose the method of complaint handling.

11.  The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.

12.  Further rights and obligations of the parties relating to the Seller’s liability for defects are regulated by the Seller’s Complaints Procedure.

VIII. Delivery of Correspondence

1.     The contracting parties may deliver all written correspondence to each other by electronic mail.

2.     The Buyer shall deliver correspondence to the Seller to the email address stated in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer to the email address stated in the Buyer’s customer account or in the order.

IX. Out-of-Court Dispute Resolution

1.     The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Business ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the purchase contract. The platform for online dispute resolution located at http://ec.europa.eu/consumers/odr may be used for the resolution of disputes between the Seller and the Buyer arising from the purchase contract.

2.     The European Consumer Centre Czech Republic, with its 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 consumer ODR).

3.     The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out, within its competence, by the relevant Trade Licensing Office. Among other things, the Czech Trade Inspection Authority supervises, within the defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection.

X. Final Provisions

1.     All agreements between the Seller and the Buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer’s rights arising from generally binding legal regulations.

2.     The Seller is not bound, in relation to the Buyer, by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

3.     All rights to the Seller’s websites, in particular copyright to the content, including the layout of the pages, photographs, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the websites or their parts without the Seller’s consent.

4.     The Seller is not liable for errors arising as a result of interventions by third parties in the Online Store or as a result of its use contrary to its purpose. The Buyer must not use procedures when using the Online Store that could have a negative impact on its operation and must not carry out any activity that could enable them or third parties to interfere with or improperly use the software or other components forming the Online Store or to use the Online Store or its parts or software in such a way that would be contrary to its purpose or intent.

5.     The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

6.     The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

7.     The Seller may amend or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous wording of the Terms and Conditions.

These Terms and Conditions come into force on 9 December 2025.