I. Basic provision
These General Terms and Conditions (hereinafter "Terms and Conditions“) Are issued pursuant to Section 1751 et seq. of Act No. 89 / 2012 Coll., Civil Code (hereinafter referred to as "Civil Code")
Minu Baby Ltd.
Tax ID: CZ07126581
registered office: Švédská 1010/15, Prague registered at the Municipal Court in Prague, Section C, Insert 295064
Phone: + 420 608124494
- These Terms and Conditions govern the mutual rights and obligations of the Seller and the natural person who concludes the Purchase Contract outside their business as a consumer or in the framework of their business activities (hereinafter referred to as: "buyer") Via the web interface available on the website www.minu.cz (hereinafter referred to as"eshop").
- Terms and conditions of business are an integral part of the purchase contract. Different arrangements in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.
- These Terms and Conditions and the Purchase Agreement are concluded in the Czech language.
II. Information about goods and prices
- Information about the goods, including the prices of individual goods and its main characteristics, are given for individual goods in the online store catalog. The prices of the goods include VAT, all related fees and the cost of returning the goods if, by their very nature, they cannot be returned by the usual postal route. Prices of goods remain valid for as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
- All presentation of goods placed in the internet shop catalog is of informative character and the seller is not obliged to conclude a purchase contract regarding these goods.
- Information about the costs of packaging and delivery of goods is published in the online store.
III. Order, conclusion of purchase contract and delivery time
- The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
- The buyer orders the goods in the following ways:
- via a customer account, if they have previously registered in the online store
- by completing the order form without registration.
- When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
- Before sending the order, the buyer is allowed to check and change the data entered into the order. The buyer sends the order by clicking on "Finish the order". The data listed in the order they are deemed correct by the seller. The condition of the order validity is to fill in all the mandatory data in the order form and the buyer's confirmation that he / she has become familiar with these terms and conditions.
- Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract conclusion. Attached to the confirmation are the current terms and conditions of the seller. The purchase contract is only concluded upon receipt of the order by the seller. The order receipt is delivered to the buyer's email address.
- In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send the Buyer to his email address a modified offer. The modified offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by the Buyer confirming acceptance of this offer to the Seller at its e-mail address specified in these Terms and Conditions.
- All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer has received the Seller's receipt of the order. The Buyer may cancel the order by telephone to the Seller's telephone number or email address specified in these Terms and Conditions.
- In the event that there is an obvious technical error on the part of the Seller when placing the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously wrong price.
- The Seller informs the Buyer of the error without undue delay and sends the Buyer to his email address a modified offer. The modified offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by a confirmation of receipt by the buyer to the seller's email address.
- If the goods are in stock, the shipping time to 3 is working days after the money is credited to the account. The delivery period will be extended accordingly to the circumstances if the delay is due to force majeure or circumstances not caused by the seller.
IV. Customer's account
- Upon registration by the buyer made in the online store, the buyer can access his customer account. Buyers can order goods from their customer account. The buyer can also order goods without registration.
- When registering for a customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data stated in the User Account in any change. The information given by the buyer in the customer account and when ordering goods is considered by the seller to be correct.
- Access to the customer account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The Buyer is not entitled to allow the use of the Customer Account to third parties.
- The Seller may cancel the User Account, especially if the Buyer does not use the User Account longer, or if the Buyer breaches its obligations under the Purchase Agreement and these Terms and Conditions.
- Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor, or. necessary maintenance of hardware and software of third parties.
V. Terms of payment and delivery of goods
- The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer in the following ways:
- by bank transfer to seller's bank account IBAN: CZ3420100000002001833388, led by FIO banka, as
- by bank transfer to the seller's account via PayPal express and Stripe payment gateway
- cash on delivery for the goods ( Czechia & Slovakia only)
- Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise below, the purchase price shall be understood to include also the costs associated with the delivery of the goods.
- In case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable to 7 days from the conclusion of the purchase contract.
- In the case of payment via the payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
- In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's bank account.
- The Seller does not require the Buyer to make any advance payment or other similar payment in advance. Payment of the purchase price before shipment is not a deposit.
- According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure then by 48 at the latest
- Goods are delivered to the buyer:
- to the address specified by the buyer of the order
- The delivery method is selected during the ordering process.
- The cost of delivery of the goods depending on the method of dispatch and receipt of the goods is specified in the Buyer's order and in the Seller's order confirmation. If the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
- If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. In the event that the goods must be delivered repeatedly or in any other way than stated in the order for reasons on the part of the buyer, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively costs associated with other means of delivery.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to notify the carrier immediately. In the event of a breach of the packaging proving the unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the carrier.
- The seller issues a tax document - invoice - to the buyer. The tax document is attached to the delivered goods.
- The buyer acquires the title to the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the moment of acceptance of the goods or at the moment when the buyer was obliged to take over the goods, but did not do so contrary to the purchase contract.
VI. Withdrawal from the contract
- The buyer who has concluded the purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
- The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods, if several types of goods or the delivery of several parts are the subject of the contract
- from the date of receipt of the first delivery of the goods, if the periodic repeated delivery of the goods is the subject of the contract.
- To comply with the withdrawal deadline, the buyer must send a withdrawal declaration within the withdrawal period.
- For withdrawal from the purchase contract, the buyer may use the model withdrawal form provided by the seller. Withdrawal from the contract will be sent by the buyer to the email or delivery address: Švédska 15, Prague 5, 150 00. The Seller shall confirm to the Buyer without delay the receipt of the form.
- The buyer who has withdrawn from the contract is obliged to return the goods to 14 days from the withdrawal from the contract to the seller. The buyer bears the cost of returning the goods to the seller.
- If the Buyer withdraws from the Contract, the Seller shall return to the Buyer all funds, including delivery costs, received by the Buyer without undue delay and no later than 14 days from the date of withdrawal. The Seller shall return the received money to the Buyer in a different way only if the Buyer agrees with it and does not incur additional costs.
- If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands them over.
- The goods must be returned by the Buyer to the Seller intact, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for damages for the goods against the Buyer's claim for refund of the purchase price.
- The seller is entitled to withdraw from the purchase contract due to the sellout of the goods, the unavailability of the goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The Seller shall promptly inform the Buyer by e-mail address specified in the order and shall return all funds, including delivery costs, received from him under the Contract in the same manner or manner determined by the Buyer within the period of 14 days from the notice of withdrawal.
VII. Defective Performance Rights
- The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time the goods were taken over by the buyer:
- the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
- the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
- the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
- the goods are in the appropriate quantity, degree or weight and
- goods comply with legal requirements.
- If the defect manifests itself within six months of receipt of the goods by the buyer, the goods shall be deemed to have been defective upon receipt. The Buyer is entitled to exercise the right of defect that occurs in consumer goods within 24 months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, for the wear and tear of the goods caused by its normal use, for the used goods for a defect corresponding to the degree of use or wear and tear the goods have on receipt by the purchaser, or this is the nature of the goods.
- In the event of a defect occurring, the Buyer may submit a claim to the Seller and request:
- exchange for new goods
- repair of goods
- a reasonable discount on the purchase price
- withdraw from the contract.
- The buyer has the right to withdraw from the contract
- if the goods have a substantial defect
- if it cannot properly use the item for recurring defects or defects after repair,
- with more defects in the goods.
- The Seller is obliged to accept a complaint in any establishment in which acceptance of the claim is possible, possibly in the registered office or place of business. The Seller is obliged to provide the Buyer with a written confirmation as to when the Buyer has exercised the right, what is the content of the complaint and what manner of settlement of the complaint the Buyer requires, as well as a confirmation of the date and manner of settling the complaint, including confirmation of the repair and its duration, or a written justification rejection of the complaint.
- The Seller or an employee authorized by him / her decides on the complaint immediately, in complex cases within three working days. This period does not include the period of time appropriate to the type of product or service required for the expert assessment of the defect. Complaints, including removal of defects, must be handled promptly, no later than 30 days from the date of claim, unless the seller and the buyer agree on a longer period. Vain expiry of this period is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract. The moment of making a complaint is considered to be the moment when the Buyer's will is manifested (exercise of the right from defective performance) to the Seller.
- The Seller shall inform the Buyer in writing of the result of the claim.
- The buyer is not entitled to the right of defective performance if the buyer knew before taking over the thing that the item has a defect or if the buyer himself caused the defect.
- In the case of a justified complaint, the Buyer has the right to compensation of the costs incurred in connection with the claim. The Buyer may exercise this right within one month after the expiration of the warranty period.
- The buyer has the choice of the method of complaint.
- The rights and obligations of the parties regarding the rights of defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634 / 1992 Coll., On Consumer Protection.
- Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Procedure.
- The Contracting Parties may deliver all written correspondence by e-mail.
- The Buyer delivers correspondence to the Seller at the email address specified in these Terms and Conditions. The seller delivers correspondence to the buyer at the email address specified in his customer account or order.
IX. Out-of-court dispute resolution
- The Czech Trade Inspection Authority, based in 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 from the purchase agreement. The on-line dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
- European Consumer Center Czech Republic, headquartered in Štěpánská 567 / 15, 120 00 Prague 2, Internet address: http://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 consumer dispute resolution online and amending Regulation (EC) No 2006 / 2004 and Directive 2009 / 22 / EC (Online Dispute Resolution Regulation).
- The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection Authority performs, to a limited extent, supervision of compliance with Act No. 634 / 1992 Coll., On Consumer Protection.
X. Final Provisions
- All arrangements between the Seller and the Buyer with the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legal regulations.
- The Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) in relation to the Buyer. e) of the Civil Code.
- All rights to the Seller's website, in particular the copyright to the content, including the layout of the site, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
- The Seller shall not be liable for errors arising as a result of third party interference in the Internet shop or as a result of its use contrary to its purpose. The Buyer may not use any practices that could adversely affect its operation and may not engage in any activity that might allow it or third parties to tamper with or unauthorize the use of the software or other components of the online store and use the online store; its parts or software in such a way as to be contrary to its purpose or purpose.
- The buyer hereby takes on the risk of changing the circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
- The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
- A form of withdrawal form is attached to the Terms and Conditions.
These Terms and Conditions become effective on 1.9.2018