Terms and conditions
I. INTRODUCTORY PROVISIONS
1.1 These Terms of Service (hereinafter referred to as the “Terms of Service)” of BOCA Group, a.s. ID No. 03705927, with its registered office at: Vinohradská 2828/151, 130 00 Praha 3, listed in the Commercial Register maintained by the Municipal Court in Prague, File No. B 20340 (hereinafter referred to as the “Company”) regulate the mutual rights and duties of contracting parties in the context of using the katalog.bocagroup.cz website (hereinafter referred to as the “Website”).
1.2 These Terms of Service set out the mutual rights and duties of the contracting parties under the Contract on Website use as well as the rights and duties of its users.
1.3 The full and up-to-date version of the Terms of Service is available on the Website.
1.4 The Operator may unilaterally amend or add to the text of these Terms of Service. This provision shall have no effect whatsoever on the rights and duties arising during the term of validity of the previous version of the Terms of Service.
II. DEFINITIONS OF SELECTED TERMS
2.1 User denotes a natural or a legal person who uses the Website.
2.2 Operator refers to the operator of the Website, the Company.
2.3 Contract on Website use denotes a contract in electronic format between the Operator and User which is formed once the latter expresses their consent to these Terms of Service.
2.4 Website denotes the Operator’s automated system consisting of a set of software and hardware designed to inform Users on the Operator’s offerings.
III. OPERATOR’S CONDITIONS GOVERNING THE USE OF THE WEBSITE
3.1 The Website may be used by anyone who meets any of the following criteria:
a) they are an independent natural person over 18 years of age,
b) they are a registered legal person listed in the Commercial Register or another public register,
c) the State (within the meaning of Section 21 of the Civil Code and Sections 6 and 7 of Act No. 219/2000 Coll., on the property of the Czech Republic and its representation in legal relationships, as amended).
3.2 The Operator may check a User and data they enter while using the Website. The Operator may in particular contact a User via the telephone number they have provided.
3.3 A User does not have an entitlement to Website use or to the formation of a contract. The Operator reserves the right to restrict a User's access to certain services.
IV. USER ACCOUNT
4.1 Following their registration at the Website, a User may access their user interface. Via their user interface, a User may take advantage of the benefits intended for a registered User (hereinafter referred to as the “User Account”).
4.2 When registering on the Website and ordering services, a User shall state all data correctly and truthfully. The buyer shall update the data specified in the User Account in the event of any changes therein.
4.3 Access to the User Account is via a user name – (email address) and password – protected. A User shall keep the credentials necessary to access their User Account confidential, and the User acknowledges that the Operator will not be liable if the User breaches this duty.
4.4 A User may not allow third parties to use their User Account.
4.5 The Operator may in particular cancel a User Account if a User has not used it for more than 12 months or if a User has breached their duties under these Terms of Service.
4.6 A User acknowledges that the User Account may not be accessible on a 24/7 basis, especially if the seller’s or a third party’s hardware or software needs to be maintained.
V. WEBSITE OFFERS
5.1 The Website allows a User to obtain non-binding offers of products offered by the Operator (hereinafter referred to as the “"Offer”) from the Company.
5.2 A User who is interested in being sent an Offer or who inquires about the Operator's goods or other information shall contact the Company over the phone or fill in the contact form available on the Website.
5.3 By requesting an Offer, the User agrees to these Terms of Service.
5.4 If a User fills in the contact form, they agree to the Company sending them an Offer or otherwise contacting them. The Company may in particular contact a User via the telephone number and e-mail address provided.
5.5 The Company shall not be bound by the sent Offer until a proper contract is concluded and it reserves the right to unilaterally change the sent Offer.
5.6 The prices of the products listed on the Website are only for reference and may be changed by the Operator. A User is not entitled to the conclusion of a purchase contract at the prices displayed on the Website.
VI. OTHER RIGHTS AND DUTIES OF THE PARTIES
6.1 A User is not entitled to any compensation from the Operator for any actual damage or any other property or non-property damage incurred in connection with using the Website and any received Offer, or on any other grounds.
6.2 A User may not use software, scripts or similar mechanisms and actions in connection with the use of the Website that could disrupt the functionality of the Website or apply a disproportionate load on the Operator's servers and infrastructure. A User may not additionally interfere in any way with the Website, change or block its content and disrupt its activity in any way.
6.3 The content placed on the Operator's Website, or in the system's databases, is also subject to copyright protection. It is also inadmissible to reproduce the content, including using Robot/Crawler technology or similar search mechanisms, without the Operator’s express consent.
VII. PROTECTION OF PERSONAL DATA AND COMMERCIAL COMMUNICATIONS
7.1 Protection of the personal data of a User, who is a natural person, is regulated under Act No. 110/2019 Coll., on the processing of personal data, as amended, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "GDPR").
VIII. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES
8.1 In the event of a dispute between a User, who is considered to be a consumer within the meaning of Section 419 of the Civil Code, and the Operator, arising out of the use of the Website, the User may file a proposal for an out-of-court settlement of the dispute with the Czech Trade Inspection Authority with a view to reaching a settlement with the Operator, using the contact data available at www.coi.cz. Filing for the out-of-court dispute settlement and the subsequent participation in the proceedings are free of charge for the User, , and each party shall bear its own costs incurred in connection with the out-of-court dispute settlement. The choice of the out-of-court dispute resolution mechanism is left to the discretion of the User.
8.2 Out-of-court dispute resolution is governed by Section 20d et seq. of Act No. 634/1992 Coll. on consumer protection. The proposal to initiate the out-of-court proceedings must contain the essentials set out under Section 20n of the Consumer Protection Act. A proposal for out-of-court dispute resolution must be submitted within 1 year of the date on which the User first asserted the claim that is the subject of the dispute against the Operator.
8.3 A User residing in another EU member state, Norway or Iceland may file for an out-of-court settlement of their dispute with the Operator through the European Consumer Centre in their country of residence; for a list of the consumer centres go to the European Commission's website at http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/ecc-net/index_en.htm.
8.4 The option to file for an out-of-court dispute settlement with the Operator applies exclusively to disputes concerning the Website services provided by the Operator as opposed to mutual disputes between Buyers (consumers) and Sellers who are entrepreneurs, arising out of purchase contracts concluded through the Website; such a dispute can be resolved out of court before the Czech Trade Inspection Authority as long as the Buyer has the status of a consumer vis-a-vis the Seller who is entrepreneur, yet without the Operator’s involvement.
IX. FINAL ARRANGEMENTS
9.1 The obligations established by contracts concluded with a User shall be governed by Czech law, in particular Act No. 89/2012 Coll., the Civil Code.
9.2 If, for any reason whatsoever, any provision of these Terms of Service is invalid or ineffective, this shall be without prejudice to the validity or effect of the other parts of the Terms of Service or the Contract.