Bontia a.s., with its registered seat in Czech Republic, Prague 10, Vinohrady, Francouzská 454/74, Post Code 101 00, incorporated in the Trade Register of the Municipal Court in Prague, Section B, Insert 5875, Identification No. 257 52 871

1. Introductory provisions

Bontia a.s. (hereinafter only: “the Seller) is a company giving its customers the opportunity to create a book out of their own digital photographs and texts. The company makes arrangements for such book(s) being printed and delivered to a place designated by the customer.

2. Definition of terms

The Seller is the operator of www.bontia.com websites (hereinafter only: “the websites“).

The Seller provides prospective clients with Bontia Studio software allowing for the creation of the content of a book. The software is available, for free, to download from the websites (hereinafter only: “the Software”).

The Seller makes necessary provisions for the sent-in printing stuff to be printed out - using the software and the websites (hereinafter only: “the Service”).

By the term “the Goods”, a printed out book or other products offered on there Seller´s websites are understood (hereinafter only: “the Goods”).

The Buyer is any person showing interest in withdrawal of the said Goods or Services, who sends in a regularly filled Order form via the websites interface (hereinafter only: “the Buyer“).

By the term User account, the User interface emerging upon Buyer´s registration on the websites is understood.

3. The purchase agreement and the moment of conclusion thereof

The Buyer may order from the Seller Goods or services through the completion of forms available on Seller´s websites. Through the properly filled in Order form, the Buyer expresses consent with the present commercial terms.

Provided that the Buyer adheres to the ordering procedure applicable for the websites, the Seller sends him an Order receipt confirmation. The form thereof is that of an information email sent to the electronic address set out in the Buyer´s user account.

The Purchase agreement compliant with the General Commercial Terms, serving as a basis for the pursuance of the sale of Goods and Services from the Seller, is concluded between   the Buyer and the Seller at the moment when the Buyer receives – from the Seller, in the form of an information mail – a binding confirmation on the receipt of the Order.

Based on the Purchase agreement concluded in a way as stated hereabove, the Seller undertakes to create and deliver to the Buyer Goods and/or Services offered on the website.

Based on the Purchase agreement concluded as indicated hereabove, the Buyer undertakes to take over the Goods and Services, and to pay for them.

Should the Buyer fail to duly adhere to the website ordering procedure, he will not receive the order acceptance confirmation from the Seller; as a result, the conclusion of the purchase agreement will not take place whatsoever.

4. Purchase price

By the term Purchase price, understood is the price stated in the Order form, set as per the Seller´s price list effective as at the moment of pursuance of the order through the websites. The prise listed on the Order form is final and features the price for the Goods, services and carriage including any and all related fees.

With sending off the order, the Buyer agrees with the amount of the Purchase price.

The Seller reserves the right to change prices; the changed price becomes affective at the moment of the new price list being posted on the website. It does not apply for purchase agreements already concluded.

5. Payment terms

The Buyer undertakes to pay the purchase price after receipt of Order receipt note.

The Buyer pays the purchase prices to the Seller´s bank account. The mode of payment is entirely up to the Buyer. The payment shall be earmarked with the Order number (i.e. Variable symbol).

The Buyer agrees that – after filling in the Order form for the money to be sent in via payment card – no additional notice to or agreement of such payment to be effects is needed.

The payment is understood to be effected at the moment when entire purchase prices are put to the Seller´s account.

The Seller reserves the right to withdraw either completely or partly from Purchase agreements already concluded if the Buyer finds himself in default with the payment of the purchase price or of part thereof.

6. Accounting

The Seller shall account the purchase price using an invoice issued in compliance with legal regulations in force. The Seller shall deliver the invoice together with the delivery of the Goods.

7. Place of performance

The place of performance is the point/site where the Goods id taken over by the Buyer. The Seller reserves the right to deliver the Goods to the Buyer using third persons.

8. Freight, delivery and takeover terms

The mode of delivery is opted for by the Buyer at the moment of filling in the Order form on the websites.

In case that – due to reasons on the part of the Buyer – the Goods have to be delivered on a recurring basis or in a way other than indicated in the Order form, it is the Buyer´s obligation to reimburse expenses associated with the recurrent delivery of the Goods or, as the case may be, expenses connected with the different mode of delivery.

The Seller sets the delivery date upon filling in the Order form; the date is confirmed in the Order receipt note.
The Goods is delivered at the moment of delivery to the address stated in the Order form.

The Buyer is obliged to check the delivered Goods. In case that the packaging is mechanically damaged, he is obliged to make up a record of consignment damage and have damage confirmed by the carrier.

The Buyer is obliged to tackle the damage to the consignment, if any, directly with the carrier.

By signing the delivery note, the Buyer confirms that the consignment of Goods meets all requirements and particulars, and that no consideration can be given whatsoever to claims of defects incurred pending transport, potentially lodged later on.

The Seller is not responsible for defects of Goods caused by transportation. Responsibility for the loss and destruction of Goods passes over to the Buyer when and as the Goods are conveyed by the carrier.

The Goods are the property of the Seller up to the moment of the total purchase price of the Goods being paid for.

In case that the Buyer orders the delivery of the Goods to countries out of European Union, any such purchase may be subject to customs duty or other fees; those are governed by the right of the country which the Goods will be delivered to. Any and all taxes, customs duties and fees associated with such purchase are borne by the Buyer because the Seller has no control whatsoever over payments related with such imports. The Buyer, as importer, shall meet any and all obligations provided by the law effective in the country to which the Goods is delivered.

9. User account

The Buyer is obliged to ensure access to his user account via a user name and a password. The Buyer is obliged to maintain confidentiality of particulars necessary for gaining access to his user account. Moreover, he takes cognizance of the fact that the Seller bears no responsibility whatsoever for the violation of the said duty on the part of the Buyer.

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

The Seller may cancel the User account, particularly if and when the Buyer fails to use his user account within a period exceeding 24 months, and/or in case that the Buyer violates his obligations ensuing from the Purchase agreement, or the commercial terms.

The Buyer acknowledges that the used account need not be accessible on a continuous basis, namely particularly with respect to the necessary maintenance of the Seller´s hardware and software equipment, or to the necessary maintenance of the hardware and software equipment of third parties.

10. Additional arrangements

The Seller is not obliged to conclude a Purchase agreement, particularly not with parties that had violated - in a considerable manner - a previously concluded Purchase agreement, or the Seller´s commercial terms.
The Buyer agrees with the use of communication means as a way of concluding a Purchase agreement. Costs incurred by the Buyer upon the use of remote communication means in connection with the signature of a Purchase agreement (such as, e.g., internet connection, phone call costs) are covered by the Buyer.

The Buyer acknowledges and agrees that the program equipment and all parts of the websites are protected by copyright.

The Buyer undertakes to refrain from performing any activity that might provide him – or third parties - with the option to illegally impinge upon, or illegally use, the program netware or other components constituting the web-based trading interface.

When using the web-based trading interface, the Buyer is not entitled to use mechanisms, program equipment and/or other procedures that might have a negative impact upon the operation of the web-based trading interface. The web-based trading interface may only be used within the scope that is not to the detriment of the rights of other Seller´s customers, and is compliant with the specification thereof.

The Buyer acknowledges that the Seller does not bear any responsibility for errors occurring due to interventions - by third parties - into the website, or as a result of using the website contrary to the specification thereof.

11. Warranty

In case that – upon takeover by the Buyer – the Goods are not in compliance with the Purchase agreement (hereinafter only: „inconsistency with the Purchase agreement“), the Buyer is entitled to the Seller re-establishing – for free of cost and without undue delay – harmony between the matter and the  Purchase agreement, namely respecting the Buyer´s requirement to either replace the item or repair it; in case that no such procedure is feasible,  the Buyer may require a reasonable deduction from the price of the item, or to withdraw from the agreement. The aforementioned does not apply, however, if and when the Buyer had been familiar with the inconsistency with the Purchase agreement prior to the takeover of the item, or in case that he himself caused such inconsistency with the Purchase agreement.

The warranty period comes into force on the day of takeover of the Goods by the Buyer.

In case that the Buyer orders the Goods and services as consumer, i.e. he does not indicate on the Order form the subject´s Identification Number and/or his Tax Identification Number, a 24-month warranty period is negotiated. In other instances, a warranty period is negotiated of duration of 6 months.

The Seller´s warranty applies to defects of material, functional defects, and defects incurred during manufacturing.

The warranty does not apply to common wear and tear of the Goods, to defects of the Goods caused by sloppy, inappropriate use, by chemical or mechanical effects of the weather, and/or by temperature and humidity.
The warranty does not apply to defects caused by the defect of background materials (i.e. (texts and photographs) submitted. Deviations from anticipated colority shall not be taken as a defect and cannot constitute the subject of a claim.

The Buyer´s rights ensuing from the Seller´s responsibility for defects, including the Seller´s warranty responsibility shall be claimed (by the Buyer) on the Seller at the address of his premises.
Should the Buyer discover a defect on the purchased Goods within the life of the warranty period, he is entitled to lodge a claim on such Goods within the life of the warranty period.

If and when the Buyer sends in via email a precise documentation of a defect comprising a precise specification of the defect, it is the Seller´s obligation to  review the defect and advise  the Buyer on the mode of remedying the matter within a period of up to 30 days following the day of the delivery of the claim.

In case that the defect can be rectified, the Seller is entitled to repair the Goods. However, if and when the defect is impossible to rectify, and moreover prevents the item of Goods from being decently used, the Seller shall provide a new item.

12. Rules for the provision of personal data and the protection thereof

The Buyer agrees to gathering and processing of personal data by the Seller as a way of materializing the rights and obligations incorporated in the Purchase agreement, and for the purposes of delivering information and commercial communication to the electronic address of the Buyer.

The Seller is entitled to authorize a third person delivering the Goods with the processing of personal data.

Personal data will be processed by the Seller for an indefinite period of time.

13. Force majeure

In case that an objectively unforeseeable and objectively unavoidable event sets in (i.e. the so-called force majeure) that will prevent the Seller from the fulfilment of contractual commitments, it is his right to reasonably extend the delivery date, or to withdraw from the Purchase agreement. In that case, the Seller is not responsible for the damage incurred.

By the term “force majeure”, circumstances of a special character are understood that prevent – on a temporal or longitudinal basis – the contractual obligations from fulfilment, and that had happened after the conclusion of the agreement, and cannot be averted by the Seller.

14. Withdrawal from the Purchase agreement

the Seller is entitled to withdraw from the purchase agreement in case that a) the Buyer fails to pay in due time the full purchase price of the Goods, that b) the background materials for print are unsuitable for printing, and that c) the content thereof is not in conformity with legal regulations in force.

In such case, the Buyer is entitled to a refund of the already paid part of purchase prices.

15. Concluding provisions

The use of Bontia Studio software and of www.bontia.com websites abide by the terms and conditions of the Licence agreement.

The terms and conditions of gathering your personal data abide by our Declaration of protection of personal data.

Other contractual relations are governed by the law of the Czech Republic, particularly by the provisions of the Civil Code and the Commercial Code (in case of Customers who are business providers indicating on their Order form their Business Register Number /IČO/).

The present General Commercial Terms become legally binding at the moment of the conclusion of the Purchase agreement, i.e. at the moment when the Buyer receives from the Seller the Order receipt note.
Should any of the provisions of these General Commercial Terms become null and void, all remaining provisions of the agreement shall remain in force and effect.

Bontia a.s.
Francouzská 454/74
101 00 Prague 10 - Vinohrady
Prague, Czech Republic
Europe