1. Introductory Provisions
these general conditions (hereinafter referred to as "business conditions") regulate, in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") via the seller's online store.
The online store is operated by the seller on a website located at www.kidmess.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").
provisions deviating from the terms and conditions can be negotiated in the purchase contract. deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
The terms and conditions are an integral part of the purchase contract. These terms and conditions and the purchase contract are drawn up in the Czech language.
2. Order and conclusion of the purchase contract
the information about the goods and the price stated by the seller are binding, except for an obvious error. Prices are presented inclusive of all taxes (e.g. VAT) and fees, excluding delivery costs. Product prices remain valid for as long as they are displayed in the web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
To order goods, the buyer fills out the order form in the web interface of the store.
The order form contains information about:
ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping basket of the store's web interface)
the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods and information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the buyer's ability to detect and correct errors that occurred when entering data into the order. the buyer sends the order to the seller by clicking on the "confirm order" button. The data given in the order are considered correct by the seller.
sending the order is considered to be an act of the buyer that unambiguously identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the contracting parties. The condition for the validity of the order is the filling in of all mandatory data in the order form, familiarization with these terms and conditions on the website and confirmation by the buyer that he has become familiar with these terms and conditions.
Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address").
The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
the draft purchase contract in the form of an order is valid for 15 days.
the contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order, which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
in the event that the seller cannot fulfill any of the requirements stated in the order, he will send the buyer to the buyer's e-mail address an amended offer indicating possible variants of the order and request the buyer's opinion.
the amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case only upon confirmation by the buyer via e-mail.
in the event that the customer requests any change to the product from the standard, the order is taken as custom and therefore binding, and its cancellation is only possible with a cancellation fee of 50% of the total price of the product.
3. Delivery of goods
the seller will deliver the goods to the buyer complete, no later than 1 month from the order confirmation, unless he specifies a different delivery period for the individual goods. The buyer is obliged to accept and pay for the goods. The buyer is advised to inspect the goods as soon as possible upon receipt.
The seller sends the goods documents to the buyer immediately after taking over the goods, or as soon as possible after the consumer takes over the goods.
If the buyer requests it, the seller will confirm to him in writing the extent and duration of his obligations due to defective performance and how the buyer can exercise their rights.
The goods are delivered via the dpd courier service, or by the courier service to the delivery point, or the goods can be picked up in person at the address Kaštanová 1191, Třebíč.
If the buyer does not take over the goods at the agreed time, he is obliged to pay the seller a fee for not taking over the goods, but a maximum of CZK 200.
4. Cancellation of the order and withdrawal from the contract
The buyer can withdraw from the contract within 14 days of taking over the goods or the last part of the delivery, regardless of the method of taking over the goods or making the payment. The specified period is intended for the buyer to familiarize himself with the nature, properties and functionality of the goods to a reasonable extent.
The buyer is entitled to withdraw from the contract at any time before the delivery of the goods.
The buyer sends the withdrawal from the contract to the seller electronically to the address indicated in the contacts within 14 days. The buyer does not have to state the reason for withdrawing from the contract. To facilitate communication, it is advisable to indicate the date of purchase or the number of the contract/sales document, bank details and the chosen method of return in the withdrawal.
The seller is obliged to return to the buyer an amount fully corresponding to the price of the goods within 14 days of withdrawal from the contract in the same way as he received payment from the buyer, the buyer is obliged to send or hand over the purchased goods to the seller within the same period at the latest. The goods should be returned to the seller (not for cash on delivery) complete, preferably in the original packaging, and must not show signs of wear or damage. The cost of returning the goods is borne by the buyer.
If the returned goods are damaged due to a breach of the buyer's obligations, the seller is entitled to make a claim against the buyer for compensation for the decrease in the value of the goods and to count it against the returned amount.
5. Rights and obligations from defective performance
If the received goods have defects (e.g. do not have the agreed or legitimately expected properties, are not suitable for the usual or agreed purpose, are not complete, do not correspond to their quantity, measure or quality do not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the goods, for which the seller is responsible.
The buyer can apply to the seller, no later than two years after taking over the goods, according to his request, a claim for free removal of the defect or for a reasonable discount on the price; if it is not disproportionate to the nature of the defect (especially if the defect cannot be removed without unnecessary delay), a demand for the delivery of a new item without defects can be made.
If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price based on withdrawal from the contract.
The seller is not obliged to comply with the buyer's claim if he proves that the buyer knew about the defect in the goods before taking it over or caused it himself.
The seller is responsible for defects arising after taking over the goods within the 24-month warranty period.
Within this period, the buyer can file a claim and, at his option, demand for a defect that constitutes a material breach of the contract (regardless of whether the defect is removable or non-removable):
removal of the defect by delivery of a new item without defects
free removal of the defect by repair
a reasonable discount from the purchase price
refund of the purchase price on the basis of withdrawal from the contract
material is a breach of contract that the breaching party already knew at the time of concluding the contract or must have known that the other party would not have concluded the contract if it had foreseen this breach.
In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.
If a removable defect has occurred repeatedly after repair (third complaint for the same defect or fourth for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer can exercise the right to a discount on the purchase price, exchange of goods or withdraw from the contract .
The seller is not responsible for defects resulting from normal wear and tear or failure to follow the instructions for use.
6. Complaint settlement
The buyer is obliged to file a claim with the seller without undue delay after discovering the deficiency. The buyer makes a claim for goods electronically and should provide his contact details, a description of the defect and a request for the method of handling the claim.
The buyer is obliged to inform the seller of the right he has chosen upon notification of a defect, or without undue delay after notification of a defect. A change of choice without the consent of the seller is possible only if the buyer requested the repair of a defect that turns out to be irreparable.
If the buyer does not choose his right from a material breach of contract in time, he has the same rights as for a non-material breach of contract.
The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The deadline for processing the complaint starts from the handover/delivery of the goods to the seller. The goods should be packed in suitable packaging during transport to avoid damage, they should be clean and complete.
The seller is obliged to make a decision on the claim without delay, within three working days at the latest, or on the fact that a professional assessment is required for the decision. Information about the need for a professional assessment will be communicated to the buyer within this period. The seller will deal with the complaint, including the removal of the defect, without undue delay, no later than 14 days after its application, unless the buyer and the buyer agree on a longer period in writing. After the expiration of this period, the buyer has the same rights as if there had been a material breach of the contract.
If the seller refuses to remove the item's defect, the buyer can demand a reasonable price discount or withdraw from the contract.
The warranty period is extended by the time from the application of the complaint until its settlement or until the time when the buyer was obliged to pick up the item. if goods are exchanged, the seller's responsibility applies as if it were a purchase of new goods.
The seller undertakes to inform the buyer about the settlement of the claim, according to his request, by e-mail or via SMS.
In the case of a justified complaint, the buyer is entitled to compensation for the costs incurred.
7. Dispute Resolution
Mutual disputes between the seller and the buyer are resolved by the general courts.
the seller undertakes to preferentially seek an out-of-court settlement of disputes with the buyer, if the buyer does not reject them.
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These terms and conditions apply in the wording stated on the seller's website on the day of order confirmation, unless otherwise agreed in writing between the participants. If you send the order after the day on which the business terms and conditions were changed, the business terms and conditions apply in their current version.
The seller is entitled to change these conditions at his discretion, provided that the change will always be published on the page, respectively, they will always be presented in the current wording on the page.
In Třebíč on 21 September 2022