Civil Code means Act No. 89/2012 Coll., the Civil Code, as amended;
Goods means movable things, in particular musical instruments and accessories as well as the devices thereto;
Intermediation means activity of the Operator consisting in intermediation of the sale and purchase of the Goods between the Users via the System Bbop based on relationship established between the Operator and the Users by registration to the System Bbop;
Operator means Bbop, s.r.o., Identification No. 03674801, with its registered seat at Praha 1, Nové Město, Palackého 726/12, Postal Code 110 00, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 236109;
Purchase Contract means a contract on sale and purchase of the Goods concluded by User-Seller and User-Purchaser;
System Bbop means an automatic system operated by the Operator where the Goods are offered and purchased by the Users;
User-Purchaser means a person who is interested in purchase of the Goods;
User-Seller means a person who is interested in sale of the Goods;
User(s) mean both the User-Purchaser and the User-Seller.
- The System Bbop enables the Users to offer as well as demand the Goods for sale and purchase and subsequently enter into the Purchase Contract. The sale and purchase of the Goods is realized worldwide, in particular within the territory of the European Union.
- The Operator does not offer its Goods and does not participate in any way in entering into the Purchase Contract between the Users via the System Bbop. The Operator does not arrange for transportation of the Goods from/to the Users and does not cover the costs of transport.
- The Operator is further not obliged to exercise check of quality of the Goods offered via the System Bbop and does not warrant that either the respective Purchase Contracts or other agreements entered into between the Users are to be fulfilled. The Operator has no liability for the Goods’ defects and does not guarantee the Goods’ quality.
- Details and rules of operation of the System Bbop, registration and trading within the System Bbop are in more details laid down on the website of the Operator.
3. Registration of the Users
- The Users’ registration and creation of the Users’ account are free of charge. Based on the registration in the System Bbop the Users are entitled to offer and demand the Goods via use of the System Bbop. The Users may also carry out one-off offer and one-off purchase of the Goods via use of the System Bbop without being registered therein.
4. Offer and conclusion of the Purchase Contract between the Users
- The User-Seller offering the Goods for sale will place the offer in the System Bbop by clicking the “Sell” button and provide the description of the Goods together with a proposal of the purchase price. The User-Seller’s offer for sale of the Goods is deemed a proposal to undefined number of persons to enter into the Purchase Contract for
- a determined purchase price, or
- an undetermined purchase price, whereas the User-Seller and the interested User-Purchasers may negotiate on its final amount.
- In the event that the purchase price is determined by the User-Seller, the User-Purchaser concludes the Purchase Contract with the User-Seller by clicking on the „Place the Order“ button. The User-Purchaser is obligated to pay the purchase price to the User-Seller and the User-Seller is obligated to provide the User-Purchaser with the Goods.
- In the event of an undetermined purchase price, the User-Purchaser makes a purchase price offer to the User-Seller. This offer of purchase price is binding. The Purchase Contract is concluded by acceptance of the offer by the User-Seller. The User-Purchaser is obligated to pay the purchase price to the User-Seller and the User-Seller is obligated to provide the User-Purchaser with the Goods.
- The User-Purchaser shall pay the purchase price to the bank account of the User-Seller, or by other means as specified by the User-Seller. The documents for the User-Purchaser evidencing the payment of the purchase price will be provided by the User-Seller.
- The Goods are delivered by the User-Seller following the order. The User-Seller shall choose the transporting company at his/her own risk.
5. Price, Fee and Payment Conditions
- Bbop does not charge any fees on transactions.
- payment conditions between user-buyer and user-seller are subject to negotiation between them, as covered in point 4.
6. Rights and Obligations
- The Operator is not liable for the contents of the description of the Goods on the website of the System Bbop whatsoever. The Operator reserves the right to remove or change the description of the Goods or to delete the offer from the System Bbop if the offer, sale, purchase or use of the Goods are in contradiction with morals, rights of third parties or applicable laws or it could have negative impact on the Operator’s reputation and goodwill.
- The Users are not entitled to any claims to actual damages or other proprietary or non-material damage caused by other Users in respect of the rights and obligations following from the Purchase Contract against the Operator.
- The Operator is in particular not liable for:
- delay in delivery of the Goods to the User-Purchaser;
- failure of the User-Seller to deliver the Goods to the User-Purchaser under the Purchase Contract;
- faults of the Goods including any legal defects;
- breakdowns of the PayPal and other systems of such kind used by the Operator while arranging for sale and purchase of the Goods and the damage which may be caused due to such breakdowns.
- In the event of any risk of violation of the laws, the Operator is entitled to suspend such a risky offer or suspend the registered User’s accounts. In the event of any suspicion of committing a crime, the Operator will notify to the competent bodies.
- The Operator is obliged to maintain the Users’ accounts, logins and passwords confidential and not to disclose them to third parties. The Operator is not liable for any loss of passwords unless it is proved that such a loss was caused by willful misconduct or gross negligence of the Operator.
- The Operator performs maintenance of the System Bbop on a regular basis. The Operator is authorized to completely restrict operation of the System Bbop (lockout) for certain time. In such a case, the Operator is obliged to announce the term of the lockout and the estimated time of the lockout on the website at least 1 hour in advance if feasible. Lockouts will be performed primarily at night.
- The Operator is not liable for damage caused by technical difficulties of the System Bbop except for those which were caused by willful misconduct or gross negligence of the Operator.
7. Right to Claim the Faults
- The Users have the right to claim the faults of the provided services towards the Operator via e-mail which is available on the website of the Operator. The Operator shall handle the claim within 30 days following the receipt of the claim.
- The Operator does not warrant the quality of the Goods, however the Users may claim the faults of the Goods via e-mail on the website of the Operator. The Operator is not liable for handling of the claim.
8. Termination of the Intermediation
- The Intermediation may be terminated by deregistration of the User by the User, cancellation of the User’s account by the Operator or by deletion of an offer of the User who is not registered in the System Bbop.
- The Operator and the Users are in particular entitled to terminate the Intermediation for substantial breach by the other party under the conditions provided in Section 2002 of the Civil Code.
- The Operator is in particular entitled to cancel the User’s account in the event that/of:
- the User breaches the contractual provisions in a serious manner;
- the User endangers or harms reputation of the Operator;
- the Operator reveals that the User has intention to cause harm to third parties;
- the User offers goods different from those defined in Article 1 hereof;
- The termination of the Intermediation will be effective as of the date of cancellation of the User’s account.
- The User hereby grants his or her consent to the Operator to collecting, processing and use of their personal data in the extent registered at the User’s account in the System Bbop for the purpose of the Intermediation.
- The Users acknowledge that the Operator shall hand over their personal data to other Users if it is necessary to realization of a particular sale and purchase of the Goods. The personal data of the Users may also be handed over to the administrator Web 4 all s.r.o., Identification No.: 24846392, with its registered seat at Praha 1, Nové Město, Charvátova 1988/3, Postal Code 110 00, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague under C 179865, or to the state authorities within the criminal proceedings, administrative or judicial proceedings if it is required by law or requested by the competent state authority.
- The personal data of the Users will be processed for the term of the relationship of the Intermediation and may be further maintained by the Operator for a period during which the potential claims of the Operator towards the Users persist in accordance with applicable legislation.
- The Users may also require in writing that the Operator changes, corrects, blocks or liquidates their personal data.
11. Final Provisions