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TERMS AND CONDITIONS
of the company
Bontonfilm Promotions s.r.o.
registered office: Na Poříčí 1047/26, 110 00 Prague 1
Company ID No.: 03591832
registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C/233809
for the sale of goods through the online store located at the Internet address www.store.make.com
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the company Bontonfilm Promotions s.r.o., with its registered office at Na Poříčí 1047/26, Company ID No.: 03591832, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C/233809 (hereinafter referred to as the "Seller"), govern in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or pursuant to a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller’s online store. The online store is operated by the Seller on a website located at the Internet address www.store.make.com (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Web Interface of the Store").
1.2. These Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within the scope of their business activity or within the scope of their independent exercise of a profession.
1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract shall prevail over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the English language. The Purchase Contract may be concluded in the English language.
1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
1.6. The address stated in the heading as the registered office of the Seller is also designated for the sending of invoices, for exercising rights arising from liability for defects in the goods, and for servicing goods purchased through the webshop. Webshop contact is handled via telephone at +420 257 415 111 or via email at shop@bontonfilm.cz.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From the user interface, the Buyer may order goods (hereinafter referred to as the “User Account”). If the Web Interface of the Store allows it, the Buyer may also order goods without registration directly via the Web Interface of the Store.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data provided in the User Account whenever it changes. The data provided by the Buyer in the User Account and when ordering goods shall be considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer is not authorized to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer does not use the User Account for more than one year or if the Buyer breaches their obligations under the Purchase Contract (including these Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of third-party hardware and software.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentations of goods placed on the Web Interface of the Store are informative and the Seller is not obliged to conclude a Purchase Contract regarding such goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The Web Interface of the Store contains information about goods, including the prices of individual goods and the costs of returning the goods, if the goods by their nature cannot be returned by regular postal service. The prices of goods remain valid for as long as they are displayed in the Web Interface of the Store. The prices of goods are not personalized based on automated decision-making. This provision does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed conditions.
3.3. The Web Interface of the Store also contains information on the costs associated with the packaging and delivery of goods, as well as the method and time of delivery. If the Seller offers free delivery of goods, the Buyer’s right to free delivery arises only if the total purchase price of the delivered goods reaches the minimum amount specified in the Web Interface of the Store. If the Buyer partially withdraws from the Purchase Contract and the total purchase price of the goods not withdrawn from falls below the threshold required for free delivery as set in the previous sentence, the Buyer’s right to free delivery expires and the Buyer is obliged to pay the delivery costs.
3.4. To order goods, the Buyer fills in the order form in the Web Interface of the Store. The order form includes, in particular, information about:
3.4.1. the goods being ordered (the Buyer “adds” the selected goods to the electronic shopping cart of the Web Interface of the Store),
3.4.2. the method of payment of the purchase price, the required method of delivery, and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the “Order”).
3.5. Before submitting the Order to the Seller, the Buyer is allowed to check and modify the data entered in the Order, taking into account the Buyer’s ability to detect and correct input errors. The Buyer submits the Order by clicking the “ORDER WITH OBLIGATION TO PAY” button. The information provided in the Order is considered correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer without undue delay by email to the Buyer’s email address specified in the User Account or in the Order (hereinafter referred to as the “Buyer’s Email Address”).
3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, total price, estimated delivery costs), to request additional confirmation of the Order from the Buyer (e.g., in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer is established upon the delivery of the acceptance of the Order (acceptance), which the Seller sends to the Buyer by email to the Buyer’s Email Address.
3.8. The Buyer agrees to the use of means of remote communication when concluding the Purchase Contract. The Buyer shall bear the costs incurred in using such means of communication in connection with concluding the Purchase Contract (costs of internet connection, telephone calls), and such costs shall not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the price of the goods and any costs related to the delivery of goods under the Purchase Contract to the Seller using the following methods:
• Advance payment by online payment card
• Advance payment using credit from the customer account
• Bank transfer to the Seller’s account:
– In CZK: Komerční banka, Account No. 107-8890030207; the variable symbol is provided in the order confirmation; goods will be handed over to the Buyer after the Seller verifies receipt of the payment
– In EUR: Komerční banka, Account No. 107-9197110297; IBAN: CZ68 0100 0001 0791 9711 0297; SWIFT code: KOMBCZPPXXX
(hereinafter referred to as the “Seller’s Account”).
4.2. Along with the purchase price, the Buyer is also obliged to pay the Seller the agreed costs associated with packaging and delivery of the goods. Unless explicitly stated otherwise, the term “purchase price” also includes the delivery costs.
4.3. The Seller does not require an advance or similar payment from the Buyer. This does not affect the provision of Article 4.6 of these Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In case of cash payment, cash on delivery, or collection at a pick-up point, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 5 business days of the conclusion of the Purchase Contract.
4.5. In the case of non-cash payment, the Buyer is obliged to pay the purchase price using the specified variable symbol of the payment. The Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s Account.
4.6. The Seller is entitled, particularly if the Buyer does not provide additional confirmation of the Order (Article 3.6), to require payment of the full purchase price before dispatching the goods to the Buyer. The provision of Section 2119(1) of the Civil Code shall not apply.
4.7. Any discounts on the price of goods granted by the Seller to the Buyer cannot be combined.
4.8. If customary in business practice or required by applicable legal regulations, the Seller shall issue a tax document – invoice – to the Buyer regarding payments made under the Purchase Contract. The Seller is a VAT payer. The tax document – invoice shall be issued by the Seller to the Buyer after payment of the purchase price and will be sent in electronic form to the Buyer’s email address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract, among other things, in the case of:
5.1.1. Goods made to the Buyer’s specifications or clearly customized to the Buyer’s personal requirements, such as personalized prints made to order;
5.1.2. Goods that are perishable or have a short shelf life, as well as goods that have been irreversibly mixed with other goods after delivery due to their nature;
5.1.3. Sealed goods which are not suitable for return for health protection or hygiene reasons, and which were unsealed after delivery by the Buyer;
5.1.4. Sealed audio or video recordings or computer software, where the Buyer has broken the original seal.
5.2. Unless it concerns a case referred to in Article 5.1 of these Terms and Conditions or another case in which it is not possible to withdraw from the Purchase Contract, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days in accordance with Section 1829(1) and (2) of the Civil Code, starting from the day the Buyer or a third party designated by the Buyer (other than the carrier) takes possession of the goods, or:
5.2.1. The last item of goods, if the Buyer ordered several items of goods in one order which are delivered separately;
5.2.2. The last piece or part of a delivery consisting of several pieces or parts;
5.2.3. The first delivery of goods, if the contract provides for regular delivery of goods over a specified period.
5.3. The withdrawal from the Purchase Contract must be sent to the Seller within the time limit specified in Article 5.2 of these Terms and Conditions. To withdraw from the contract, the Buyer may use the sample withdrawal form provided by the Seller, which is attached to these Terms and Conditions. The Buyer may send the withdrawal form, among other means, to the Seller’s registered office address or email address listed in the header of these Terms and Conditions. The withdrawal form can be found here: https://shop.bontonfilm.cz/img/cms/dokumenty/formular_reklamace.pdf
5.4. In the event of withdrawal from the Purchase Contract, the contract is deemed cancelled from the outset. The Buyer must return or hand over the goods to the Seller without undue delay, no later than fourteen (14) days from the withdrawal from the contract, unless the Seller has offered to collect the goods himself. The deadline is met if the Buyer sends the goods back before the expiry of the period. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by ordinary postal means due to their nature.
5.5. If the Buyer withdraws from the Purchase Contract under Article 5.2 of these Terms and Conditions, the Seller shall refund all payments received from the Buyer within fourteen (14) days of the withdrawal. The Seller may also refund the payment at the time the goods are returned by the Buyer or in another manner, provided the Buyer agrees and it does not result in additional costs for the Buyer. The Seller is not obliged to refund any received payment before receiving the returned goods or before the Buyer proves that the goods have been sent back, whichever occurs first.
5.6. The Seller is entitled to unilaterally offset any claim for damages incurred on the returned goods against the Buyer’s claim for a refund of the purchase price.
5.7. In cases where the Buyer is entitled to withdraw from the Purchase Contract in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods are received by the Buyer. In such cases, the Seller shall return the purchase price to the Buyer without undue delay, using a non-cash payment to the account specified by the Buyer.
5.8. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a condition subsequent, meaning that if the Buyer withdraws from the Purchase Contract, the gift agreement becomes void and the Buyer is obliged to return the gift along with the goods to the Seller.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transport is arranged based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of transport.
6.2. 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 delivery of the goods upon delivery.
6.3. If, for reasons on the part of the Buyer, the goods must be delivered repeatedly or by a method other than that specified in the order, the Buyer is obliged to cover the costs associated with repeated delivery or with the alternative method of delivery.
6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the event of any defects, to report them immediately to the carrier. If the packaging is found to be damaged in a way that indicates unauthorized entry into the shipment, the Buyer is not obliged to accept the shipment from the carrier. This does not affect the Buyer’s rights regarding defective goods or other rights under generally binding legal regulations.
6.5. If the Buyer fails to take delivery of the goods at the agreed time due to a breach of their obligations, the Buyer is obliged to pay the Seller a storage fee of €0.50 for each day of delay, up to a maximum of €15. After notifying the Buyer via email and granting them a new reasonable deadline for collection, the Seller is entitled to sell the goods in an appropriate manner. The Seller is entitled to offset the necessary storage costs and the costs of unsuccessful delivery due to the Buyer’s lack of cooperation against the proceeds from the sale.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties concerning rights arising from defective performance are governed by the applicable mandatory legal provisions (in particular, Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174b of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. If the subject of the purchase is a tangible movable item integrated with digital content or a digital content service in such a way that it cannot function without them (hereinafter referred to as a "product with digital elements"), the provisions on the seller’s liability for defects also apply to the provision of the digital content or service, even if provided by a third party. This does not apply if it is clear from the purchase agreement and the nature of the product that they are supplied separately.
7.3. The seller warrants to the buyer that the product is free of defects upon delivery. In particular, the seller warrants that the product:
7.3.1. Conforms to the agreed description, type, quantity, as well as quality, functionality, compatibility, interoperability, and other agreed features,
7.3.2. Is fit for the purpose for which the buyer requires it and which the seller has agreed to, and
7.3.3. Is delivered with the agreed accessories and instructions for use, including installation or assembly instructions.
7.4. In addition to the agreed features, the seller also warrants that:
7.4.1. The product is suitable for the purpose for which such a product is usually used, taking into account third-party rights, legal regulations, technical standards, or codes of conduct in the relevant industry (if no technical standards exist),
7.4.2. The product corresponds in quantity, quality, and other properties, including durability, functionality, compatibility, and safety, to the usual properties of products of the same kind that the buyer may reasonably expect, considering public statements made by the seller or another person in the contractual chain, especially through advertising or labeling, unless the seller proves they were unaware of such statements, or that they were corrected in a comparable manner by the time of concluding the contract, or that such statements could not influence the purchase decision,
7.4.3. The product is delivered with accessories, including packaging, installation instructions, and other usage information that the buyer may reasonably expect, and
7.4.4. The product corresponds in quality or design to a sample or model provided to the buyer before the contract was concluded.
7.5. The provisions of Article 7.4 do not apply if the seller specifically informed the buyer before the contract was concluded that a particular feature of the product differs and the buyer explicitly agreed to this upon concluding the contract.
7.6. The seller is also liable for a defect caused by incorrect installation or assembly performed by the seller or under the seller’s responsibility. This also applies if the installation or assembly was carried out by the buyer, and the defect occurred due to a deficiency in the instructions provided by the seller or the provider of the digital content or service, in the case of a product with digital elements.
7.7. If a defect appears within one year of delivery, it is presumed that the product was defective upon delivery, unless the nature of the product or defect precludes this. This period does not run during any time the buyer is unable to use the product due to a properly asserted defect.
7.8. If the product has digital elements, the seller shall ensure that agreed updates of the digital content or digital content service are provided to the buyer. In addition to agreed updates, the seller shall also provide updates necessary for the product to maintain the qualities set out in Articles 7.3 and 7.4 and notify the buyer of their availability:
7.8.1. For two years, if the digital content or service is to be provided continuously for a certain period according to the contract, or for the entire agreed duration if it exceeds two years,
7.8.2. For the period the buyer can reasonably expect if the digital content or service is to be provided on a one-off basis; this shall be assessed based on the type and purpose of the product, the nature of the digital content or service, and the circumstances at the time of contract conclusion.
7.9. Article 7.8 does not apply if the seller explicitly informed the buyer before contract conclusion that updates would not be provided, and the buyer explicitly agreed.
7.10. If the buyer fails to carry out an update within a reasonable time, they have no rights for defects arising solely due to that failure. This does not apply if the buyer was not informed about the update or the consequences of not performing it, or if they failed to perform it due to deficiencies in the instructions. If the digital content or service is to be provided continuously and a defect appears within the periods in Articles 7.8.1 and 7.8.2, it is presumed that the content/service is defective.
7.11. The buyer may assert a defect that appears within two years of delivery. If the product has digital elements and the digital content/service is to be provided continuously, the buyer may assert a defect that appears within two years of delivery, or throughout the entire agreed period if longer. If a defect is properly reported, the period for asserting the defect is paused during the time the buyer cannot use the product.
7.12. If the product has a defect, the buyer may request its removal. They may choose to receive a new defect-free product or have the defect repaired, unless the chosen remedy is impossible or unreasonably costly compared to the other. This shall be assessed with regard to the importance of the defect, the value of the defect-free item, and whether the defect can be remedied otherwise without major inconvenience to the buyer. The seller may refuse the remedy if it is impossible or unreasonably costly.
7.13. The seller shall remove the defect within a reasonable time after it is asserted, without causing significant inconvenience to the buyer, considering the nature of the item and the purpose for which the buyer acquired it. The seller shall bear the costs of taking the item for repair. If dismantling is required, the seller shall dismantle and reinstall the item or reimburse the buyer for these costs.
7.14. The buyer may request a reasonable discount or withdraw from the contract if:
7.14.1. The seller refuses or fails to remove the defect as per Article 7.13,
7.14.2. The defect recurs,
7.14.3. The defect constitutes a material breach of the contract, or
7.14.4. It is clear from the seller’s statement or the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience.
7.15. The buyer may not withdraw from the contract if the defect is minor. A defect is presumed not to be minor. If the buyer withdraws, the seller shall refund the purchase price without undue delay after receiving the product or proof of its return.
7.16. The defect may be asserted with the seller from whom the product was purchased. However, if another person is designated for repairs and is located near the seller or closer to the buyer, the defect shall be asserted with that person.
7.17. Unless another party is designated for repairs, the seller shall accept complaints at any of their premises where it is possible with respect to the goods or services sold, or at the registered office. The seller must issue a written confirmation to the buyer stating the date the complaint was made, its contents, the requested resolution, and contact details for further updates. This obligation also applies to the party designated for repair.
7.18. Complaints, including defect removal, must be resolved, and the buyer informed no later than thirty (30) days from the date of the complaint, unless a longer period is agreed. If the obligation concerns the supply of digital content (including on a tangible medium) or a digital content service, the complaint must be resolved within a reasonable time given the nature and purpose of the content or service.
7.19. If the time limit in Article 7.18 expires without resolution, the buyer may withdraw from the contract or demand a reasonable discount.
7.20. The seller must issue the buyer a confirmation of the date and method of complaint resolution, including confirmation of the repair and its duration, or a written justification if the complaint is rejected. This also applies to the person designated for repair.
7.21. The party entitled to rights arising from defective performance is also entitled to reimbursement of expenses reasonably incurred in exercising this right. If the buyer does not assert this right within one month of the deadline for defect assertion, the court will not grant the right if the seller objects that the right was asserted late.
7.22. These Terms and Conditions are governed by the laws of the Czech Republic. This does not affect the rights of consumers under mandatory provisions of the law of their country of residence.
7.23. In the event of any discrepancies between the Czech and English versions of these Terms and Conditions, the Czech version shall prevail.
7.24. Additional rights and obligations related to the seller’s liability for defects are governed by the seller’s Complaint Procedure:
https://shop.bontonfilm.cz/content/6-reklamacni-rad
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the Goods upon full payment of the purchase price.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820(1)(n) of Act No. 89/2012 Coll., the Civil Code, as amended.
8.3. The Seller handles consumer complaints via electronic mail. Complaints may be sent to the Seller’s email address. The Seller shall inform the Buyer of the resolution of the complaint by sending a message to the Buyer’s email address. No other rules for complaint handling are established by the Seller.
8.4. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Agreement. The platform for online dispute resolution available at http://ec.europa.eu/consumers/odr may be used for dispute resolution between the Seller and the Buyer arising from the Purchase Agreement.
8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, website: 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).
8.6. The Buyer may address a complaint to a supervisory authority or a state oversight body. The Seller is authorised to sell Goods based on a trade licence. Trade supervision is carried out by the competent trade licensing office within its jurisdiction. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance, to a defined extent, with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The Buyer agrees that the personal data provided may be processed and stored by the Seller in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, for the purpose of fulfilling the subject matter of the Agreement. The Buyer has the right to be informed about which data the Seller processes about them and has the right to modify such data or to express written objection to its processing. Supervision of personal data protection is carried out by the Office for Personal Data Protection.
9.2. The Seller undertakes not to disclose the Buyer’s personal data to any third party other than the contracted carrier, and only for the purpose of delivery of the Goods.
9.3. The Seller enables purchases without registration, in which case the personal data of non-registered Buyers is used solely for the purpose of fulfilling the subject matter of the Agreement, and not for marketing or commercial purposes.
10. COMMERCIAL COMMUNICATIONS AND COOKIE STORAGE
10.1. The Seller shall be entitled to send its own commercial communications to the Buyer only if the Buyer has actively requested them, and only until the Buyer notifies the Seller that they wish to terminate such communication.
10.2. The Buyer may make such a notification to the electronic address obtained by the Seller in connection with the performance of the Agreement, without incurring any costs.
10.3. The Buyer agrees that their access to the Seller’s services, if such access was made through partner websites, is recorded using cookies. These cookies do not contain any personal data of the Buyer and are used solely to support the associated affiliate program. The cookies shall be automatically deleted upon the Buyer’s registration. If registration does not occur, the cookies are usually automatically deleted after 30 days.
11. DELIVERY
11.1. Notices to the Buyer may be delivered to the Buyer’s electronic address.
12. FINAL PROVISIONS
12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the Parties agree that such relationship shall be governed by the laws of the Czech Republic. The choice of law under the previous sentence does not deprive the Buyer, who is a consumer, of the protection afforded to them by provisions of the law which cannot be derogated from by agreement and which would have been applicable in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. Should any provision of the Terms and Conditions be or become invalid or ineffective, such invalid provision shall be replaced by a provision whose meaning most closely corresponds to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
In Prague on 25 May 2025