Terms of service

TERMS AND CONDITIONS BABYBEAMS.CZ 

1. INTRODUCTORY PROVISIONS
   These terms and conditions are valid for purchases in the Baby Beams online store at https://www.babybeams.cz. The conditions further define and specify the rights and obligations of the operator of the online store, which is the company BabyBeams, s. R. O., IČ: 09471847, with its registered office at Terronská 871/74, 160 00 Prague 6, a legal entity registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert No 336740 (hereinafter referred to as "theseller"), and natural persons whoá concludes purchase contracts outside its business activities (hereinafter referred to as "consumer") or in the course of their business (hereinafter referred to as "businessman"), in summary for both groups like "buyer".
   All contractual relations are concluded in accordance with the legal order of the Czech Republic, in particular the Civil Code (Act No. 89/2012 Coll.).
   
   
2. CONTACT INFORMATION
   Email: hello@babybeams.cz
   We usually respond to e-mails within 24 hours, but no longer than 2 days.
   Account number for non-cash payments: 2649839002/5500
   
   
3. ORDERING GOODS AND CONCLUSION OF THE PURCHASE AGREEMENT
   The list of products on the website www.babybeams.cz is a catalog of commonly supplied goods. The seller does not guarantee the immediate availability of all displayed items. The availability of goods will always be confirmed after verification. To determine the purchase price, the determining price is the price of the goods displayed on the web interface at the time of the order.
   To place an order, you need to do the following -the buyer selects the goods, fills in the order form properly and sends the order. KThe customer is obliged to state the correct and complete postal and invoicing address to which the ordered goods are to be sent. Information about the individual technical steps leading to the conclusion of the contract is evident from the ordering process in the online store https://www.babybeams.cz. KThe contractor has the opportunity to check and, if necessary, correct this before sending the order.
   
   By placing an offer to sell goods on the website, the seller expresses its will to enter into a purchase agreement for the goods, or services under those conditions. Sending an order kis a proposal to conclude a purchase contract and the purchase contract arises at the time of confirmation of the order by the seller. From this moment, mutual rights and obligations arise between the buyer and the seller, which are defined by the purchase contract and the business conditions, which are an integral part of this contract.
   
   The business conditions are displayed on the website of the online store and thus their archiving and reproduction by the buyer is enabled. By sending the order, the buyer confirms that he has read the above terms and conditions and agrees with them without reservation. The buyer is sufficiently informed of these terms and conditions before the actual execution of the order.
   
   The contract is concluded in the Czech language, unless the circumstances on the part of the seller or the buyer prevent it, the contract can also be concluded in another language understandable to the parties. The concluded contract (by confirming the order with the seller's parties) is archived by the seller for the purpose of its successful fulfillment and is not accessible to third parties. The costs of using means of distance communication (telephone, internet, etc.) for the execution of the order are in the normal amount, depending on the tariff of telecommunication services used by the buyer and the buyer pays these costs himself.

All prices listed on the website www.babybeams.cz. are final, ie incl. VAT and all other mandatory fees that the buyer must pay to obtain the goods. The buyer can check the prices of products for individual items of goods. Before sending the order, the total price for the goods, including related fees, will be calculated and the buyer will confirm the total price by sending the order. KThe tenderer has the opportunity to get acquainted with the fact before the order is made, for how long the offer or price remains valid. Goods with a special price can only be purchased in the usual quantity.

Cancel an order

KThe bidder may cancel his order without giving a reason until it is confirmed by the seller. In accordance with the provisions of Section 1829 (1) of the Civil Code, the consumer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods (see below). The seller has the right to reject the order.

1. SHIPMENT OF GOODS
   The purchase contract is created at the moment of order confirmation by the seller. Upon receipt of the order, the seller will send the buyer an order confirmation by e-mail marked "Order confirmation", including the current and up-to-date version of these business conditions.

 
Delivery time
The ordered goods will be delivered as soon as possible according to their availability and the seller's operational capabilities. Approximate delivery time will be announced kbefore creating the order. The goods are considered delivered to the address specified by the buyer in his order.

Way of transportation
The seller transports the order to the specified address throughout the European Union. The cost of transporting the goods varies according to the chosen delivery address and mode of transport. The buyer chooses the specific method of delivery himself. An overview of carriers and the current price list is given in the second step of the shopping cart.

Method of payment
KThe contractor chooses the method of payment for the goods in the order form in the web interface of the store. The consignment with the goods always contains a tax document. Invoice buyer takes over together with the goods.

If the order is not paid for within 5 working days of the order being made upon payment by bank transfer, the order is canceled by the seller.
 
Acceptance of goods
When taking over the goods is businessman obliged to check whether the consignment is not damaged. In case of mechanical damage to the product packaging or the product itself is businessman, is obliged to draw up a record of damage to the consignment in the presence of the carrier and to have this fact confirmed by the carrier. Based on the completed record will be business people provided a reasonable discount or a new product delivered. Businessman he also has the right to withdraw from the contract. By signing the delivery note to the carrier businessman agrees to accept the goods and confirms that they have arrived mechanically undamaged.
 
The consumer should also take these steps in his own interest, thus avoiding the later problems arising from liability for defects that have arisen as a result of transport (mechanical damage to the goods). However, if the consumer does not follow this procedure, his right to make a complaint is not affected.

5. COMPLAINTS
The buyer's rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2112 and Sections 2158 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection, as amended).

The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

- the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the seller or producer in view of the nature of the goods and the advertising made by them;
- the goods are fit for the purpose for which they are intended by the seller or for which goods of this kind are normally used;
- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model;
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of legal regulations.

The consumer is entitled to exercise his rights from defects that occur in the goods within 24 months of receipt. Businessman is entitled to exercise his rights from defects that occur in the goods within 12 months of receipt. These provisions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by their normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or if due to the nature of the goods.

In the event of a defect that can be removed, the buyer has the right to request repair of the goods, exchange for new goods or a reasonable discount on the purchase price. In the case of a defect that cannot be removed and which prevents the goods from being properly used as defect-free goods, the buyer has the right to exchange the goods, a reasonable discount on the purchase price or the right to withdraw from the purchase contract. The buyer does not have the rights from the defective performance if the buyer knew about the defect before taking over the thing, or if he caused the defect himself. Kthe buyer has no right to withdraw from the purchase contract or demand delivery of a new item if he cannot return the item in the condition in which he received it, except in cases stipulated by law. If the consumer does not withdraw from the purchase contract or does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount on the purchase price. KThe seller is entitled to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause the buyer considerable difficulties.

The buyer exercises the rights arising from defective performance with the seller without undue delay from the discovery of the defect at the contact address, at any of the seller's premises or at the seller's registered office. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer. The seller is obliged to issue a written confirmation to the buyer when the buyer exercised the right, what is the content of the complaint and what method of handling the buyer requires, confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification .

The seller handles the received complaints without undue delay, no later than 30 days from the date of the complaint, unless the buyer and the seller agree on another deadline. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The day on which the goods were delivered to the contact address, establishment or registered office of the seller is considered to be the day on which the complaint was lodged.

KThe seller is obliged to present the claimed goods to the seller in a condition corresponding to legal regulations for the protection of public health and other legal regulations, in particular he is obliged to present the goods clean and dry.

Claims from rights from defective performance do not apply to goods for which the complaint was made after the expiration of the specified period, as well as to wear and tear of the goods caused by its use. Claims from defective performance rights do not apply to defects caused by improper use, non-compliance with the instructions, improper maintenance or improper storage. For used goods, the seller is not liable for defects corresponding to the degree of previous use or wear; in the case of items sold at a lower price, the seller is not liable for the defect for which the lower price was agreed; instead of the right to exchange, the buyer is entitled to a reasonable discount in cases under this sentence. Slight variations in the quality, size, design and color of the goods are permissible for handcrafted and crafted products and are not considered a claimable defect.

KThe complainant makes a complaint as follows:

- KThe informant informs the seller about the complaint by phone, e-mail or in writing.
- KThe seller will deliver the claimed goods to the contact address, to any establishment or registered office of the seller, other than cash on delivery, which the seller does not accept. When sending, the buyer is obliged to pack the goods in a suitable package so that it is not damaged or destroyed. The goods must be accompanied by proof of purchase or invoice, if issued, or other document proving the purchase of goods, together with a description of the defect and a proposal for how to resolve the complaint.

In the case of a justified complaint, the buyer has the right to reimbursement of the costs of claiming the necessary amount for safe delivery (the buyer must provide proof of this transport). It does not replace more expensive transport than the usual cheapest seller. The buyer can exercise these rights from the seller within 1 month after the expiration of the period for exercising the rights from defective performance.

The seller has the opportunity to refuse to exercise the rights arising from defective performance of the consumer who complains about the goods in a state contrary to legal regulations for the protection of public health or other legal regulations.

1. WITHDRAWAL FROM THE CONTRACT
   The consumer has the right to withdraw from the purchase contract within 14 days of receipt of the goods. Withdrawal from the purchase contract must be sent to the seller within the deadline for withdrawal from the contract to the contact e-mail or contact address. The seller will confirm the delivery of the withdrawal to the buyer. For withdrawal, the buyer can also use the form for withdrawal from the contract.

In the event of withdrawal from the purchase agreement, the purchase agreement is canceled from the beginning. The consumer is obliged to return the goods to the seller within 14 days of withdrawal from the purchase agreement to a contact address, other than cash on delivery, which the seller does not accept. The goods must be returned to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging.

The consumer shall enclose with the returned goods a copy of the delivery note and invoice, if issued, or another document proving the purchase of the goods, as well as a written statement of withdrawal from the purchase contract and the chosen method of refund. The statement must also include the consumer's contact address, telephone number and e-mail address.

Within 10 days of the return of the goods by the consumer, the seller is entitled to inspect the returned goods, in particular to determine whether the returned goods are damaged, worn or partially consumed.

If the consumer withdraws from the purchase contract, the seller is not obliged to return the money received to the consumer before the consumer returns the goods or proves that he sent the goods to the seller.

The consumer acknowledges that if the goods returned by the consumer are damaged, worn or partially consumed, the seller is entitled to compensation from the buyer for the damage caused thereby. The seller is entitled to unilaterally set off the right to compensation for the damage against the consumer's right to a refund of the purchase price and the cost of delivery of the goods.

When sending, the consumer is obliged to pack the goods in a suitable package so that it is not damaged or destroyed. The purchase price and delivery costs cannot be refunded for goods substantially damaged or destroyed during transport as a result of the use of unsuitable packaging.

The costs associated with the return of the goods to the seller in the event of withdrawal from the purchase contract by the consumer shall be borne by the consumer, even if the goods cannot be returned by ordinary mail due to their nature. The seller is entitled to offset his actual costs associated with the return of goods against the purchase price and the cost of delivery of goods to be returned to the consumer.

If a gift is provided together with the goods, the relevant gift contract is concluded with the untying condition that if the consumer withdraws from the purchase contract, the gift contract loses its effect and the consumer is obliged to return the gift together with the goods.

1. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
   The seller handles the buyer's complaints via the electronic address hello@babybeams.cz. The seller will send information about the settlement of the buyer's complaint to the buyer's e-mail address.
   The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.
   
   European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: https://www.evropskyspotrebitel.cz, is a contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on consumer dispute resolution online).
   
   The seller is entitled to sell goods on the basis of a trade license. The trade license inspection is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of personal data protection, with its registered office at Lt. Col. Sochova 27, 170 00 Prague 7, IČ: 70837627, internet address: https://www.uoou.cz/. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
   
   8. PRINCIPLES OF PERSONAL DATA PROTECTION
   
   Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter referred to as the "GDPR Regulation") related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the public law obligations of the sellerPrivacy Policy.
   
   9. FINAL PROVISIONS
   
   These terms and conditions are valid as stated on the seller's website, on the day the electronic order is sent by the buyer.
   The business conditions take effect on October 1, 2021.