Terms & conditions for www.banomat.com
(prepared in the English language)
Terms and Conditions
Basic data - seller:
Banomat consulting s.r.o
Žižkov, 130 00, Prague 3
VAT ID: CZ05113814
Bank account number for non-cash payments:
275080409 / 0300 CZK
Bořivojova 878/35, 130 00 Praha 3-Žižkov, Czech Republic
1. Introductory provisions:
1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") govern in accordance with the provisions of §1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "Civil Code), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluding between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store.
1.2. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the establishment of the business conditions.
1.3. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.4. In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
1.5. This website is owned and operated by Banomat consulting s.r.o. company, located in Prague city, the Czech Republic. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors marketing consulting information including a variety of digital and physical products. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
1.6. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech and English languages.
1.7. The seller may change or supplement the provisions of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous terms and conditions.
1.8. When buying an item, you agree that:
(i) you are responsible for reading the full item listing before making a commitment to buy it:
(ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
1.9. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
1.10. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase contract and business conditions are drawn up in the English and Czech languages.
2. Concluding a purchase contract and ordering goods
2.1. All presentation of goods placed in the web interface of the store is of an internet nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
2.2. The goods are ordered by placing the goods in the basket within the internet interface and sending the order.
2.3. The validity of the prices is valid against the final confirmation of the order by the seller.
2.4. The prices of goods are listed without freight, this is added at the end of the order according to the selected mode of transport, this applies only in cases where it is delivered in the Czech Republic.
2.5. The seller does not guarantee the availability of all goods. In case of lack of any ordered goods, the item will be removed from the order. The pictures of goods are illustrative and may differ slightly from the actual appearance.
2.6. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, even with regard to the buyer's ability to detect and correct errors in entering data into the order. To complete the order, you need to fill in your contact details for the purpose of sending the goods. The buyer sends the order by clicking on the "send order" button.
2.7. All orders that end with the "submit order" button are binding. The customer hereby confirms that he has been acquainted with the business, payment, and complaint conditions.
2.8. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.
2.9. According to the Sale Registration Act, the seller is obliged to issue a receipt to the buyer.
2.10. The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself/herself.
3. Payment and transport of goods
Payment is possible in the following ways:
online card payment
online payment by PayPal
cash payment by delivery at your address, at this moment only for Prague residents based and only with our prior email or SMS confirmation. *Notice*: During the ongoing pandemic due to Covid-19, we may not offer this service until further updates.
4. Transportation is possible in the following ways:
The goods are usually dispatched within the next 3 working days after payment of the order.
We ship the package of the product by Czech Post using recommended mailing service that comes with a tracking number.
The package is delivered directly to the recipient's address.
If the goods are damaged during transport, it is necessary for the buyer to shoot photos of the damaged goods and to immediately report them in person to the carrier, or delivery courier. We highly recommend not to accept a damaged package from a carrier or delivery courier, as they are fully responsible. If you fail to complete our instructions, we cannot offer a replacement or refund.
5. Withdrawal from the purchase contract and complaints
5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract.
5.2. The supply of goods, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the withdrawal period.
6. Return and refund policy
Due to the nature of our products, we do not accept returns and cannot accept refunds. In exceptional cases, for any undamaged product, you will need to take a photo of the product and email us so that we can confirm if it is eligible for return. If it will be eligible then we will send you a confirmation by e-mail. Then, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method.
In addition, please note the following:
6.1. Products can be returned only in the country in which they were originally purchased; and
6.2. The following products are not eligible for return:
6.2.a. The product is being removed from its box,
6.2.b. The product is removed from its box and or damaged,
6.2.c. And if the product is removed from its box and already used.
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services.
We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
When we receive a valid warranty claim for a product purchased from us, we will replace the product. If we are unable to replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for the shipment of replaced products to the customer and the customer will be responsible for the return shipment of the product to us.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Banomat consulting s.r.o. company. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
You agree to indemnify and hold Banomat consulting s.r.o. (website owner) harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
To the maximum extent permitted by applicable law, in no event shall Banomat consulting s.r.o. (website owner), be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service and its products.
To the maximum extent permitted by applicable law, Banomat consulting s.r.o. (website owner) assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service and products; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the Czech Republic/ Prague city, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Prague city. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
The effective date of the Terms and conditions: 20.8.2022, Prague city, Czech Republic