The Seller confirms that the products imported or distributed by it, which are subject to Act No. 22/1997 Coll. in the sense of Government Regulations No. 173/1997, 179/2001, 17/2003 and 616/2006, are in accordance with these regulations. The Seller declares that the products imported or distributed by it, which come into contact with food, comply with Act No. 258/2000 Coll., and the Decrees of the Ministry of Health of the Czech Republic 38/2001 Coll., and 186/2003 Coll., and also with Regulation of the European Parliament and of the Council EC 1935/2004. For goods falling within the scope of the amendment to the Waste Act No. 185/2001 Coll., the recycling fee is included in the total invoiced price. For goods where the recycling fee is not listed and calculated separately, it is already part of the purchase price.

Terms and Conditions

1. General Provisions

• These general terms and conditions (hereinafter referred to as "GTC") govern the rights and obligations related to the purchase of goods in the online store fuski.eu are an integral part of the purchase contract concluded between the seller (operator of the online store) and the buyer. By concluding the purchase contract, the buyer confirms that he has read these GTC and that he agrees with them.
• These GTC are valid from 1. 1. 2021

2. Definition of terms

 E-shop – online store at www.fuski.eu

Seller – company Fuski BOMA s.r.o., IČ: 05534810, DIČ: CZ05534810, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 265295, headquarters: K Bytovkám 222, 251 63, Kunice, tel.: 222 352 190, email: boma@boma or info@boma. The seller is also the operator of the e-shop.

Buyer – is a consumer or entrepreneur who concludes a purchase contract with the seller through an e-shop.

Consumer – is any person who, outside the scope of their business activity or outside the scope of the independent performance of their profession, concludes a contract with an entrepreneur or otherwise deals with him.

Purchase agreement – a contract concluded between the seller and the buyer through an e-shop, the subject of which is the purchase of goods.

Consumer contract – a purchase contract, a contract for work, or other contracts according to the Civil Code, if the contracting parties are the consumer on one side and the seller on the other.

Goods – items that the seller offers for sale through the e-shop.

Courier – a contractual carrier ensuring the transport of goods from the seller to the buyer.

Working days – are days in the calendar week from Monday to Friday, with the exception of Saturdays, Sundays and days on which, in accordance with applicable legal regulations, state-recognized holidays fall.

Civil Code – Act No. 89/2012 Coll., Civil Code.

3. Procedure for concluding a purchase contract

• A proposal to conclude a purchase contract (offer) is the placement of the offered goods by the seller on the e-shop website, a purchase contract is formed by sending an order to the buyer. By sending an order, the buyer expresses his agreement with the terms and conditions.
• Goods in the e-shop are properly labeled with a name and are usually depicted together with a verbal description containing information about the materials used and other properties of the goods, with the proviso that if the goods are produced in different sizes and colors, the buyer has the opportunity to select the appropriate size and color before placing the goods in the "cart".
• The Buyer selects the goods, including their color, size and other parameters, if these items are optional, and places the goods in the shopping cart by clicking on the "Add to cart" button ("to cart" or the button with the cart symbol). As part of the process of ordering goods, the Buyer has the opportunity to return to individual steps in order to check and correct any errors in the order.
• Until the buyer completes the ordering process by clicking on the "Send order" link and the order becomes binding, the buyer has the option to cancel the order at any stage of ordering goods by interrupting the individual steps described above leading to ordering goods and leaving the website on which the order is being placed.
• After sending a binding order for goods, the buyer will receive an order confirmation at the e-mail address provided in the order, which will contain, among other things, the order number and a summary of the details of the concluded purchase contract.
• In connection with the order of goods, the seller may contact the buyer by telephone at the telephone number provided by the buyer when placing the order, in matters related to the performance of the purchase contract.
• The purchase contract is concluded in the Czech language.
• After confirmation, the buyer's order is archived as a concluded purchase contract between the buyer and the seller for the purpose of its fulfillment and further records and is accessible to the buyer after logging into his user account. The buyer has the right to cancel the order, i.e. to withdraw his proposal to conclude a purchase contract, without any sanctions until the moment the goods are shipped. The buyer is obliged to notify the seller of this fact by e-mail or telephone. The order can be changed and errors corrected until the moment the goods are handed over for shipment.

       4. Purchase price

• The purchase prices of goods and services in the e-shop are stated including VAT, including all fees stipulated by law. The costs of delivering goods vary depending on the chosen method of delivery and payment of the purchase price.
• The purchase price stated for the goods at the time of placing the order is the purchase price binding for both the seller and the buyer and will not be changed after placing the order, even if the seller subsequently adjusts the purchase price for the goods or there is a promotional discount campaign. When exchanging the same type of goods for a different size, the buyer pays the same price as the price in the original order. If the buyer requests an exchange for a different type of goods, the price of the goods according to the current price list applies and the buyer is not entitled to a discount or discount from using a discount code that was applied in the original order.
• The Seller reserves the right to change the purchase prices for goods offered for sale through the e-shop and to organize promotional discount events, all in accordance with applicable legal regulations.
• The Seller provides various types of discounts (loyalty, volume, using discount codes, etc.). Each discount can be applied only once, unless expressly stated otherwise. In the case of multiple use or in the event that the discount is applied in violation of the rules of the given discount or promotion, the Seller has the right to refuse to recognize such a discount. The Buyer will be informed and will be offered the opportunity to place the order without this discount. In the event of any ambiguity in the interpretation of the discount, the Seller's interpretation of the application shall apply.
• Discount coupon. Only one discount coupon can be used per order.
• The value of the money used from the discount coupon is always calculated proportionally between all goods from the order (discounted and non-discounted), discounts do not apply to shipping and cash on delivery. In the event of returning goods from an order for which the coupon was used, the amount after the discount will be refunded. Discount coupons have a limited time validity and can only be used until the specified date. When returning or complaining about goods, the validity of the discount coupon is not renewed.

5. Payment terms

• Payment of the purchase price is made in Czech crowns, for countries other than the Czech Republic in Euros.
• The buyer can choose from the following methods of paying the purchase price for the goods during the order process:

       - payment upon receipt: cash on delivery upon receipt of the goods from the courier; cash or card.

       - payment upon receipt: in dispensing company or partner branches; in cash or by card. In the central warehouse, payment is only possible in CASH.

       - cashless payment (bezhotovostní platba): (cashless payment): instant money transfer from an account or card payment.

• The selected method of payment of the purchase price can only be changed after placing an order with the seller's consent.

6. Delivery terms

• The Seller undertakes to deliver the goods to the Buyer together with all components and/or accessories, as per the purchase contract. When placing an order, the Buyer may choose from the following methods of delivery of the goods:

        - delivery by courier to the address specified in the order

        - personal pickup at one of our partner distribution points

The seller will fulfill his obligation to deliver the goods to the buyer at the moment he hands them over for transportation and delivery to the courier providing transportation of the goods for the buyer.

• Provided that the goods are in stock, the seller will usually send the goods to the buyer within two working days from the date the purchase contract was concluded. If the buyer has chosen a non-cash payment method, the goods are usually sent within two working days from the date the purchase price is credited to the seller's account.
• The delivery dates listed on the website are for informational purposes only. They are based on the estimated delivery times of shipping companies.
• The costs of postage and packaging chosen by the buyer in the order are borne by the buyer and are governed by the seller's current price list. The costs of transporting the goods are as follows:
• Czech Republic / delivery by PPL courier to the address, payment on delivery = 129,- CZK
• Czech Republic / delivery by PPL courier to the address, payment in advance = 99 CZK
• Czech Republic / delivery by PPL courier to the delivery point (ParcelShop, Parcelbox) payment on delivery = 100 CZK
• Czech Republic / delivery by PPL courier to the delivery point (ParcelShop, Parcelbox) payment in advance = 70 CZK
• Czech Republic / delivery by GLS courier to the address, payment on delivery = 110,- CZK
• Czech Republic / delivery by GLS courier to the address, payment on delivery = 110 CZK Czech Republic / delivery by GLS courier to the address, payment in advance = 80 CZK
• Czech Republic / delivery by GLS courier to ParcelShop, payment on delivery = 79 CZK (not available in Alza box)
• Czech Republic / delivery by GLS courier to ParcelShop, payment in advance = 49 CZK
• Czech Republic / delivery by courier ZÁSILKOVNA to the delivery point, payment on delivery = 100,- CZK
• Czech Republic / delivery by courier ZÁSILKOVNA to the delivery point, payment in advance = 70,- CZK
• Czech Republic / personal collection at the central warehouse = FREE
• Czech Republic / personal collection in company stores = FREE
• Czech Republic / personal collection in partner stores = FREE

7. Withdrawal from the purchase contract and cancellation of the contract by agreement

• The seller is entitled to withdraw from the contract concluded with the buyer if the ordered goods are no longer produced or delivered, as well as in the event of an obvious error in the price of the goods (i.e. a price that is clearly different from the usual price for this type/kind of goods).
• The seller is also entitled to withdraw from the contract if the buyer does not make a non-cash payment within three working days from the date the purchase contract was concluded.
• The Buyer may at any time from the moment the purchase contract was concluded until the moment the goods were shipped by the Seller, request the Seller to cancel the purchase contract. The purchase contract will be cancelled by agreement of the contracting parties at the moment the Seller notifies the Buyer of the acceptance of the proposal to cancel the purchase contract.

8. Conditions for withdrawal from the contract by the buyer who is a consumer

• In accordance with § 1829, paragraph 1 of the Civil Code, the consumer has the right to withdraw from the contract without giving any reason within 14 days of receipt of the goods, or of receipt of the last delivery of goods, if the purchase includes several types of goods or the goods consist of several parts. A statement of intent to withdraw from the contract must be sent to the seller no later than the 14th day after receipt of the goods.
• The buyer is obliged to send the goods together with the return form (or you can find it in the "download information" section) and a copy of the invoice to the seller at the address: Fuski BOMA s.r.o., K Bytovkám 222, 251 63 Kunice, without undue delay, but no later than 30 days from the date of withdrawal from the contract. In accordance with § 1820, paragraph 1, letter g) and § 1832, paragraph 3 of the Civil Code, the buyer bears the costs associated with returning the goods when withdrawing from the purchase contract, the seller is not obliged to reimburse the postage in any way when returning the goods. The returned goods should not show signs of use, should be clean, undamaged and complete (including accessories).
• In accordance with the provisions of § 1832, paragraph 1 of the Civil Code, if the buyer withdraws from the contract, the seller shall, without undue delay, but no later than 14 days from the withdrawal from the contract, refund the buyer the funds, including the costs of delivering the goods, if charged (postage and cash on delivery), but only up to the amount of the cheapest offered delivery method that he received from him under the contract. In the event that the buyer has chosen a method of delivery other than the cheapest (for example, delivery by a transport service with express delivery), the seller shall refund the buyer the costs of delivering the goods in the amount of the cheapest offered delivery method. In the event of the return of part of the goods, pursuant to the provisions of § 1832, paragraphs 1 and 2 of Act No. 89/2012 Coll., the Civil Code, there is no entitlement to a partial refund of postage.
• However, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that he has sent the goods to the seller. The seller must return the money in the same way as the buyer paid for the goods. If the buyer paid for the goods by credit card, the funds will be returned in the same way. If the payment gateway refuses the refund process for any reason, the seller will ask the buyer for the account number to which the overpayment will be returned. In other types of payments, a personal bank account number must be provided for the refund. Only if this method of refunding funds is not possible, the seller will return the funds to the buyer by bank transfer. The buyer will be refunded the received funds in another way only if the buyer agrees to it and if this does not incur additional costs. Money cannot be returned to the account numbers of payment institutions (loan, credit, savings, etc.).
• The right to a promotional benefit (gift, discount or other benefit) arises if the order meets all the rules of the currently announced promotion. If the buyer withdraws from the purchase contract, this right lapses. The gift is obliged to be returned together with the non-conforming goods. If the buyer returns only part of the goods and the value of the products left does not exceed the specified threshold for entitlement to a gift, he is also obliged to return it. Otherwise, he will be charged the regular price of the gift.

       9. Rights from defective performance, warranty

• The seller is responsible to the buyer that the item is free from defects upon acceptance. In particular, the seller is responsible to the buyer that at the time the buyer accepted the item:

       - the item has the properties agreed upon by the parties, and in the absence of such agreement, the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising,

       - the item is suitable for the purpose stated by the seller for its use or for which an item of this type is usually used,

       - the thing corresponds in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

       - is the thing in the corresponding quantity, measure or weight and

       - the matter complies with the requirements of legal regulations.

• The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. The following does not apply:

       - in the case of an item sold at a lower price due to a defect for which the lower price was agreed,

       - wear and tear of the item caused by its normal use,

       - in the case of a used item, for a defect corresponding to the degree of use or wear and tear that the item had when it was taken over by the buyer, or

       - if it follows from the nature of the matter.

• If the item does not have the properties specified above in paragraph 1 of this provision of the GTC, the buyer may also request the delivery of a new item without defects, unless this is unreasonable given the nature of the defect, but if the defect concerns only a part of the item, the buyer may only request the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is unreasonable given the nature of the defect, in particular if the defect can be removed without undue delay, the buyer has the right to have the defect removed free of charge.
• The buyer has the right to have a new item delivered or a replacement part replaced even in the event of a removable defect, unless the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer also has the right to withdraw from the contract.
• If the buyer does not withdraw from the contract or does not exercise the right to delivery of a new item without defects, to exchange a part of it or to repair the item, he may demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, to exchange a part of it or to repair the item, as well as if the seller does not remedy the problem within a reasonable time or if remedying the problem would cause the consumer considerable difficulties.
• If the period for which the item can be used is stated on the item being sold, on its packaging, in the instructions attached to the item or in the advertisement in accordance with other legal regulations, the seller provides the buyer with a quality guarantee to this extent.
• The warranty period runs from the handover of the item to the buyer; if the item was shipped according to the contract, it runs from the time the item reaches its destination.
• The buyer has no right under the warranty if the defect was caused by an external event after the risk of damage to the goods passed to the buyer. This does not apply if the defect was caused by the seller.
• Rights arising from defects are exercised by the seller and a complaint notification is possible, including the claimed goods together with a completed complaint protocol send to the address: Fuski BOMA s.r.o., K Bytovkám 222, 251 63 Kunice.
• If the buyer exercises the right from defective performance, the seller will confirm in writing when the right was exercised, as well as the implementation of the repair and its duration.

10. Special provisions on handling complaints from a buyer who is a consumer

• The seller or an employee authorized by him 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 a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of filing the complaint, unless the seller and the consumer agree on a longer period. After this period has expired, the consumer has the same rights as if it were a defect that cannot be removed.
• The seller is obliged to issue the consumer with a written confirmation of when the consumer exercised the right, what the content of the complaint is and what method of handling the complaint the consumer requests; as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. All of the above information is sent to the consumer by e-mail (the confirmation of receipt of the complaint and the complaint protocol are attached).
• In accordance with the provisions of § 1820, paragraph 1) letter j) of the Civil Code, the seller informs that the consumer may contact the supervisory authority, which is the Czech Trade Inspection Authority, with an out-of-court complaint. The Czech Trade Inspection Authority handles out-of-court complaints from consumers in the manner and under the conditions set out in the relevant legal regulations.

11. Privacy Policy

You can find the necessary information about the processing of personal data here: Privacy policy - FUSKI

12. Dispute resolution

• Any disputes between the seller and the buyer are finally resolved by general courts.
• The buyer, who is a consumer, has the right to out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services, in accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended. The entity authorized to carry out out-of-court settlement of a dispute in the area of financial services is the financial arbitrator within the scope of competence set by the legal regulation governing the financial arbitrator. (http://www.finarbitr.cz),in the field of electronic communications and postal services, the Czech Telecommunications Office within the scope of competence set out in the legal regulation governing electronic communications and postal services (http://www.ctu.cz) and in cases where the competence of the authorities listed above is not given, the Czech Trade Inspection (http://www.coi.cz)or another entity authorized by the Ministry of Industry and Trade; if the authorized entity is a professional chamber with mandatory membership, it exercises jurisdiction in the area specified by another law, e.g. the Czech Bar Association(http://www.cak.cz). More detailed information is available on the websites of the individual entities.
• Out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's request, and only if the dispute has not been resolved directly with the seller. The request may be submitted no later than 1 year from the date on which the consumer first exercised his right, which is the subject of the dispute, with the seller.
• The consumer has the right to initiate an out-of-court dispute resolution online through the ODR platform available at the website ec.europa.eu/consumers/odr/.
• The buyer may also contact dTest, o.p.s. for advice regarding their consumer rights via dtest.cz/poradna or on the phone 299 149 009.
• The Seller undertakes to strive for an out-of-court settlement of disputes with the Buyer as a priority, unless the Buyer rejects it. Out-of-court settlement of disputes can also be carried out via the VašeStížnosti.cz service on the website vasestiznosti.cz.
• This procedure is not mediation pursuant to Act No. 202/2012 Coll., on mediation, as amended, nor arbitration pursuant to Act No. 216/1994 Coll., on arbitration and the enforcement of arbitral awards, as amended, and its use does not affect the parties' right to address their claim to the Czech Trade Inspection Authority or to the court.
• During the duration of the negotiations on the out-of-court settlement of the dispute, the limitation and preclusion periods under the Civil Code do not run or begin to run, unless one of the parties to the dispute expressly refuses to continue the negotiations.
• Supervision of compliance with obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority. (http://www.coi.cz).

13. Final provisions 

These terms and conditions are valid and effective in the wording stated on the seller's website on the day the electronic order is sent by the buyer. Changes to the terms and conditions are reserved.

Fuski Boma s.r.o.