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Terms of delivery

Terms and Conditions of Babynabytek s.r.o.

 

I. Basic Provisions

The following Terms and Conditions regulate the relationships of the seller, which is company Babynabytek s.r.o., with its registered office at Bukovec 259, 739 85 Bukovec, Company ID no.: 294 41 102, VAT reg.no.: CZ29441102, registered in the Commercial Register with File No. C 53377 registered with Regional Court in Ostrava and a purchaser (buyer, purchaser).

All contractual relationships are concluded in accordance with the legal order of Czech Republic. If a consumer is a contracting party, they abide relations not covered by business Conditions Act No. 89/2012 Coll., Civil code and Act No. 634/1992 Coll. to protect the consumer. If a consumer is not the contracting party, they abide the relations not covered by business Conditions Act No. 89/2012 Coll., Civil code.

II. Defining terms

Seller is the company Babynabytek s.r.o., with its registered office at Bukovec 259, 739 85 Bukovec, Company ID no.: 294 41 102, VAT reg.no.: CZ29441102, registered in the Commercial Register with File No. C 53377 registered with Regional Court, whereas Babynabytek s.r.o. is a subject, who while fulfilling contract acts in terms of its business activity. It is an entrepreneur, who directly or by means of other entrepreneur provides products to Purchaser or provides services.

The consumer of our e-shop, available on www.banaby.cz is Purchaser. Due to current legislative, the term Purchaser is distinguished into the one who is a consumer, and a purchaser who is not a consumer.

Purchaser Consumer or just Consumer is every subject or someone who, out of range of their entrepreneurship or out of practice of their profession, enters a contract with an entrepreneur or is making a deal with him in any other way. 

A purchaser who is not a consumer is an entrepreneur. As entrepreneur counts every subject, who enters contracts based on their own business, manufacturing or similar activity or in practice of their profession, eventually subject who acts by the name of an entrepreneur.

A product is every thing or service offered by e-shop www.banaby.cz to a purchaser. 

III. Agreement

The purchaser who is a consumer, by entering the contract(making an offer), is placing products on web pages www.babynabytek.cz, the purchase contract is created by sending an order by Purchaser - Consumer and receiving the order by the seller. Seller immediately confirms receiving an order by sending an informative email to Purchaser on given email, however, it has no influence on the creation of the contract. Created contract, including agreed price, can be modified or ceased only by agreement of both sides or based on statutory reasons.

Before sending an order to Seller, the purchaser has an option to change and check the data, which were filled in by Purchaser, and with the possibility to ascertain and correct mistakes made when filling the order form. The order is sent by Purchaser to Seller by clicking on the button "send/odeslat".

If the purchaser is not a consumer, proposal for the conclusion of a contract is product order by seller and business contract is created the moment of confirmation of proposal by Purchaser to Seller through electronic mail. In case the purchaser, who is not a consumer, when doing and order, enters incorrect email, Seller contacts him through a telephone call, and by this, the Seller confirms receiving his proposal. The contract becomes valid in the moment of this notification.

By concluding a contract the Purchaser confirms that he had read these Terms & Conditions, including return policy, and agrees with them. The Purchaser is referred to these Terms & Conditions and return policy before making an order and has a sufficient time to take up with them. 

Term for setting up a warranty claim is paused in case if the Seller did not receive every detail needed for setting up a warranty claim( product parts, other forms, etc.) The Seller is obligated to claim details from the Purchaser in the shortest time period possible. By this date, the term is paused by the time of receiving needed details from the Purchaser.

The Seller is in right to cancel an order or its part before concluding the contract based on an agreement with the Purchaser in those particular cases: Product is not sold anymore or the supplier has changed the price by a significant margin. In case the Purchaser has paid the price or part of the final price, the same amount will be transferred back to their bank account or address and the contract will not be concluded.

Purchaser declares that every data mentioned in order correct, truthful, complete and in the time of sending an order are valid.

Gifts, which are provided entirely free, any rights of Consumer cannot be applied. Those products are included in gift contract and related with legislation of Czech Republic.

Color shades and shapes can differentiate from reality( due to technical reasons, monitor settings, lighting, angle of the photography, etc.) Photo serves, as an illustration, the decoration is not part of the product unless there is a text telling otherwise.

 

IV. Price and methods of payment

The price of the product and eventual costs connected with order delivery according to sales agreement can be paid to the Seller by following ways:

  • cash payment in every subsidiary place of business
  • bank transfer on account of the Seller: Komerční banka, corp, account number: 107-9637010207/0100 (IBAN: CZ97 0100 0001 0796 3701 0207 SWIFT: KOMBCZPPXXX) in kč currency (CZK) (further mentioned as "Sellers bank account"),
  • bank transfer on account of the seller: Tatra banka: account number  2929875606/1100 (IBAN: SK11 1100 0000 0029 2987 5606 SWIFT: TATRSKBX) in € currency (EUR) (further mentioned as "Sellers bank account"),
  • credit card payment Visa, Visa Electron, V-Pay, MasterCard, Maestro, MasterCard Electronic in subsidiary place of business and on website www.banaby.cz/pl/sk/hu/ro/eu,

The Seller does not demand any down payment. By this, there is not any violation regarding the provision of Terms & Conditions, regarding the obligation of paying the purchase price in advance. In the case of cash payment or cash on delivery, the purchase price is valid at the moment of receiving the order. In the case of payment by bank transfer (payment in advance - proforma invoice) is purchase price payable until the seventh day from the day of contract conclusion. Invoice is payable on the day mentioned on the invoice.

In the case of direct debit, the purchaser is obligated to pay the purchase price together with mentioning the variable symbol of the payment (order number). In the case of direct debit, the obligation of paying the purchase price is fulfilled in the moment of receiving the sum on Sellers bank account. The Seller is entitled to require payment of entire purchase price before shipping the order to the purchaser. Provision § 2119 paragraph 1 act No. 89/2012 Coll. Civil code is not applied. Eventual discounts provided by Seller to the purchaser cannot be combined.

Order cancellation is possible by telephone or email on info@banaby.cz during 24 hours from making an order. It is possible to cancel an order even before the order is shipped. After the moment the order has been shipped, the postage will be accounted as mentioned in the order. This invoice will be subjected be company accountant and sent to address of the recipient. 

The seller is VAT payer. Tax document - an invoice will be issued to the purchaser by the seller after the price of the order is paid and sends it the email address of the purchaser.

 

V. Reservation on the ownership

The seller remains in the ownership of products until the full payment is made by the purchaser. However, the risk of the goods being damaged preceding before being taken. Damage on the products is created when the risk of the order being damaged, does not make difference on the obligation of the purchaser to pay for the order, only in a case when the seller let the damage to be made by violating sellers duties.

VI. Delivery

If the seller, according to the purchase agreement, is obligated to ship the order to the location stated by the purchaser in an order form, the purchaser is obligated to take the order in the moment of delivery. An order is considered as delivered in a moment when it is taken by the purchaser or person who is eligible to take the order or a shipping company to be delivered to the purchaser.

If the seller and the purchaser settle on the order to be delivered, the seller will provide the delivery or sends the order to the given address. In case, when the location was given is not accessible by normal means, the purchaser is obligated to alert the seller to this fact in advance when making an order. If he does not do so, the purchaser is obligated to pay damage done by complications with an order delivery. 

Immediately after the purchaser takes the order, the purchaser is obligated to inspect the order and found defects, if they were made by the shipping company, fill in the warranty claim form of the shipping company. If products delivered do not correspond with the order, the purchaser is authorized to refuse to take the delivered order. In case the order is delivered in original packaging and unpacked after order takeover, the purchaser is obligated to inspect in immediately after unpackaging the product.

In case the form of shipment is made on special demand by the purchaser, the purchaser is accountable for the risk and costs connected with a shipment. Another shipment Terms and Conditions may be created by the seller. 

VII. Responsibility for defects

Terms and conditions of contract parties regarding laws of responsibility for defects abide general regulation (provisions § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 act No. 89/2012 Coll. Civil Code) The seller is obligated to the purchaser, that the order in the moment of taking the order, is not with any defects. Notably, the seller is responsible to consumer that in the moment when they receive the order, 

  • the products has features as proposed in a contract
  • can be used for the purpose it was promoted by the seller to function as
  • the product matches the quality to the promoted product
  • the product matches the quantity, amount, and weight
  • the product abides legislation of Czech Republic

If the product does not possess mentioned, the consumer can require being delivered a new product without any defects, but if the defects are only applied only to particular part, the consumer can require an exchange of a part; if it is not possible, they can terminate the contract. However, if the defect can be removed without postponement, the consumer can have the defect to be fixed for free. Right for delivery of new product or exchange of some part even if the defect is fixable if the product cannot be used due to repeatedly occurring defect, in that case, the purchaser can terminate the contract.

If the purchaser chooses not to terminate the contract nor uses the right to be delivered the new product without any defect, part exchange or product repair, the purchaser can demand a matching discount. The consumer is entitled to receive a matching discount in case, if the seller cannot deliver the new product without defects,  part exchange or product repair, and also in case if the seller will not manage to fix it in given period of time.

The seller will confirm to the purchaser in writing the use of reclamation or will ask him to complete additional information. The time reclamation period if 30 days from receiving the reclamation form.

The consumer is obligated to apply the right for getting the defect fixed, in the time period of 24 months beginning by receiving the products. If the defect appears in the first six months, it is considered as if the defect was discovered as in the time of delivery. The seller will provide the purchaser with reclamation form. Other terms and conditions parties regarding laws of responsibility for defects are being further regulated by the seller's return policy.

VIII. Right of withdrawal from contract

In the case of the contract being concluded by means of communication (in eshop), the consumer is entitled to back out of contract in the period of 14 days from the order delivery. Termination of the contract has to be sent in time mentioned in the previous sentence. If the purchaser wants to terminate the contract in the period of 14 days, he contacts the seller and by writing he declares the contract termination.

In contract termination, he writes No. of the order, the date when the order was made and their bank account number. For contract termination, there may be used reclamation form which can be found attached to this T & C. Or the consumer can send it to these addresses:

  1. address of the subsidiary place of business: Babynabytek s.r.o., Bocanovice 116, 739 91 Bocanovice,
  2. email address info@banaby.cz.

In the case of the purchaser terminating the contract, the seller returns money paid for an order in a period of 14 days to the purchaser's bank account. If the purchaser terminates the contract, the seller is not obligated to return money received until purchased products are returned to the seller. The period of 14 days is not understood as a "product rent for free". In the case of any damage being done by the purchaser of the product, the purchaser has to pay compensation for the damage caused by them.

The period for the contract termination is 14 days. And begins the day after receiving the order. The right to terminate the contract in regard with  § 1837 Civil Code does not have in these particular cases:

  • providing services, in the case of being done with done with the consent of the consumer before the period of being able to terminate the contract, and the seller referred the consumer of not having a right of terminating the contract in this particular situation
  • product delivery or a service which cost in dependent on market fluctuation 
  • product delivery which was altered in some way or made on a request of a customer 
  • repair done in place determined by the consumer on his demand; does not apply in case of execution of other than requested repairs or delivery of other than requested spare parts
  • product shipment in closed packaging, which has been unpacked for hygienic reasons is not possible to be returned.

The seller is entitled to dismiss the order regarding the products with label currently unavailable in case if the product is not possible to deliver. The seller informs the purchaser about this situation. If the order was paid, the money will be refunded.

IX. Personal data protection and security

Information regarding the purchaser is kept in accordance with the legislation of Czech Republic, act No.  101/2000 Coll. o Ochraně osobních údajů. By entering the contract the purchaser agrees with data collection and processing in the database of the seller even after the contract is fulfilled and being dismissed only by the statement of disagreement in writing. The personal data may be deleted from the database after the purchaser sends a statement of disagreement in writing. Personal data are fully secured.

Personal information of purchasers is not handled to any third party. The exception is external shipping companies, which only receive data necessary to deliver your order. Contracts are stored and archived and are accessible only to the seller.

The seller can process "cookies" for purpose of ease of providing services, by the regulation  95/46/ES o účelu „cookies“ či podobných nástrojů, to provide a better experience when using website www.banaby.cz/sk/hu/ro/eu . The purchaser may refuse usage of "cookies" or similar tools being saved to their devices, for example, by using the function of anonymous browsing.

X. Costs of using means of communication

The purchaser agrees with the usage of means of communication in the sales agreement. Expenses created by the purchaser in regards of using means to communication in relation to sales agreement such as internet connection pays the purchaser at their own expenses.

XI. Other rights and duties  of contracting parties

The seller is not in relation with the Purchaser bound by any code of conduct in sense of provision  § 1826 1 písm. act No. 89/2012 Coll., Civil Code. Complaint management is managed by email address info@banaby.cz or by calling the telephone number +420 555 440 413. Information about result of the complaint will be sent by the seller to given email address or eventually, the seller calls on given telephone number

The seller is entitled to sell products based on trade license. Business is supervised by Business Office. Česká obchodní inspekce supervises abidance of act No. 634/1992 Coll, o ochraně spotřebitele.

The seller assumes altering of circumstances provision § 1765 paragraph 2 act No. 89/2012 Coll., Civil Code.

XII. Final Provisions

These Terms & Conditions are valid as a version presented on the website of the seller, on the day of entering a contract. Consumers order is after its confirmation by the seller as closed contract archived by the purpose of fulfillment and other record keeping and its state is available to the purchaser. A contract can be entered in Czech or other languages if it does not disallow its entering.

By making a purchase the purchaser agrees with being sent business messages. These terms and conditions allow its record keeping and its reproduction. The moment of making a contract purchaser agrees to every provision of terms & conditions on the day of agreeing to the contract including the price of purchased products mentioned in confirmed order unless it was provably ruled in the other way. If the agreement based on the contract includes international (foreign) element, then both sides appoint that the agreement abides by Czech law. By this, rights resulting from general binding rules of Purchaser are not harmed in any way. 

In the case of binding rules not being valid, or becomes invalid, it will be replaced by binding rules most similar to the invalid one. By invalidity of one rule, other rules do not become invalid. Changes and additions to the contract or terms & conditions are necessary to be in a written form. The contract is attached with sampling form for cancellation of the contract. The seller reserves the privilege to adjust these Terms & Conditions. Orders made before Terms & Conditions adjust are not affected by changes.

Changes of Terms & Conditions come into effect at the time of being published on website https://www.banaby.eu/s/terms-of-delivery/.

 

Sellers contact details:

  1. warehouse/plant: Babynabytek s.r.o., Bocanovice 116, Bocanovice 73991
  2. residence: Babynabytek s.r.o., Bukovec 259, 739 85 Bukovec

Date of publication 17 April 2017