TERMS AND CONDITIONS

Fabric diapers Bobánek

Bobánek s.r.o.

Králíčkova 4267

58001 Havlíčkův Brod

ID: 08532451, VAT: CZ08532451

registered in the Commercial Register of the Regional Court in Hradec Králové, Section C, Insert 44547

for the sale of goods via the online shop located at bobanek.com

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the Seller Bobánek s.r.o., with registered office at Králíčkova 4267, 58001 Havlíčkův Brod, identification number: 08532451, registered in the Commercial Register by the Regional Court in Hradec Králové, Section C, Insert 44547 (hereinafter referred to as “Seller”) regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the “Civil Code”) the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the website located at bobanek.com (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Shop Web Interface”).

1.2 The Terms and Conditions do not apply where the person intending to purchase the goods from the Seller is a legal person or a person acting in the course of ordering the goods in the course of his business or in the course of his independent exercise of his profession.

1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Commercial Terms.

1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.

1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

1. USER ACCOUNT

2.1 Based on the Buyer’s registration on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as “user account”). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.

2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.

2.3 Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.

2.4 The Buyer is not entitled to allow third parties to use the user account.

2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 2 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

2.6 The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of third party hardware and software equipment.

1. CONCLUSION OF THE PURCHASE CONTRACT

3.1 All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.

3.2 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.

3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.

3.4 To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:

3.4.1. ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),

3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and

3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).

3.5 Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer’s ability to detect and correct errors made when entering data into the order. The Buyer shall send the order to the Seller by clicking on the “Confirm Order” button. The data provided in the order is considered correct by the Seller.

3.6 Sending an order is considered to be such an act of the buyer, which identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price in an unquestionable way and is a binding proposal of the purchase contract for the contracting parties. The validity of the order is conditional on the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer’s confirmation that he has read these terms and conditions.

3.7.The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order 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”).

3.8 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by telephone).

3.9 The draft purchase contract in the form of an order is valid for fifteen days.

3.10. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic mail address.

3.11. In the event that any of the requirements specified in the order cannot be fulfilled, the Seller shall send the Buyer an amended offer to the Buyer’s e-mail address indicating the possible variants of the order and requesting the Buyer’s opinion.

3.12. The amended offer shall be considered a new proposal of the purchase contract and the purchase contract shall be concluded in such a case only upon acceptance by the buyer via e-mail.

3.13. The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.

1. PRICE OF GOODS AND PAYMENT TERMS

4.1 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 to the Seller in the following ways:

– cash on delivery at the place specified by the buyer in the order

– by wire transfer to the Seller’s account No. 2501699058 / 2010, maintained with FIO (hereinafter referred to as the “Seller’s account”)

– payment gateway with online transfer or credit card payment option:

After submitting the order, the Customer has the option to use a payment gateway service that will redirect him to his bank’s online banking or to a secure card payment page. Once the transaction is completed, the gateway will forward the execution information to the e-shop, which can dispatch the goods as soon as the payment confirmation is received. Money transfers are made through the bank accounts of ComGate Payments, Inc.

The sensitive input data you enter into the internet banking system is protected by the banks’ payment gateways and does not get into third-party environments. The payment processors only see the transaction information that the bank communicates to them with the submitted transaction.

By concluding the purchase contract, the buyer gives the seller consent to the processing of his contact data until he expresses his disagreement with this processing in writing. The contact details provided by the buyer at the time of ordering shall be used exclusively for our purposes and shall not be disclosed to any other entities except payment processors.

4.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.3 The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4 In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.

4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.

4.6 The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.8), to demand payment of the full purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

4.8.If it is customary in commercial relations or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document – invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is a payer of value added tax – VAT. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer’s electronic address or together with the goods in paper form.

4.9 The Operator reserves the right to correct the price of the goods prior to dispatch if it is found that the goods have been offered at an incorrect price. In this case, the customer must be informed of the correct price and must agree to the price adjustment. Otherwise, the purchase contract will not be concluded and the order will be cancelled by the operator.

4.10 Order status “confirmed” means confirmation of receipt of payment from the Customer, not confirmation of receipt of the order from the Customer. This will only occur when the order finally moves to the “shipped” status when the order is physically inspected, received, packed and handed over to the carrier.

1. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract cannot be withdrawn from, among other things:

5.1.1. on the delivery of goods whose price depends on financial market fluctuations independent of the seller’s will and which may occur during the withdrawal period,

5.1.2. on the delivery of goods that have been modified according to the wishes of the buyer or for his person

5.1.3. the delivery of goods in closed packaging, which the buyer has removed from the packaging and for hygienic reasons cannot be returned,

5.2 Unless the case referred to in Article 5.1 or any other case where the Purchase Contract cannot be withdrawn from, the Purchaser has the right to withdraw from the Purchase Contract within 14 days of receipt of the goods in accordance with Section 1829(1) of the Civil Code, provided that if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.

5.3 For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract outside to the address of the Seller’s business premises or registered office. The provisions of Article 11 of these Terms and Conditions shall apply to the delivery of the withdrawal. The entrepreneur shall confirm its receipt to the consumer without undue delay in text form.

5.4 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen 14 days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means. The buyer will be refunded the amount of the goods including the cost of the initial delivery of the goods, but only up to the current lowest standard delivery price offered by the seller. For the return, the Customer may use one of the offered options described in Article 11.4 of these Terms and Conditions.

5.5 In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within 14 days of the Buyer’s withdrawal from the Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

5.6 The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.

5.7 Until the Buyer takes delivery of the goods, the Seller is entitled to withdraw from the Purchase Contract at any time. In such case, the Seller shall refund the Purchase Price to the Buyer without undue delay, in cash to the account designated by the Buyer.

5.8 If a gift is provided to the Buyer together with the Goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the Goods to the Seller.

5.9 In the event that a consumer dispute arises between us and the consumer under a contract of sale or a contract for the provision of services which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such dispute to the designated consumer dispute resolution body, which is:

Czech Trade Inspection Authority

Central Inspectorate – ADR Department

Stepanska 15

120 00 Prague 2

Email: adr@coi.cz

Website: adr.coi.cz

Consumers can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

5.10. The Buyer is obliged to prove the purchase of the goods from the Seller (purchase receipt / invoice issued by the Seller), which he sends together with the goods and the withdrawal form according to Article 11.4 of the Terms and Conditions.

1. TRANSPORT AND DELIVERY OF GOODS

6.1 In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

6.2 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 take delivery of the goods upon delivery.

6.3.In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery.

6.4 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event that the packaging is found to be damaged, indicating unauthorized intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

1. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:

7.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,

7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,

7.2.3. the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,

7.2.4. the goods are in the appropriate quantity, measure or weight; and

7.2.5. the goods comply with the requirements of the legislation.

7.3.The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.

7.4 If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt.

7.5.The rights from defective performance shall be exercised by the buyer at the seller’s address of the seller’s establishment where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.

7.6 The complaint, including the removal of the defect, must be settled as soon as possible, but no later than 30 days from the date of its submission. In agreement with the buyer, the time limit may be extended. The time limit shall run from the moment the claim is made. The day after the claim is made is the first day of the 30-day period. If the end of the period falls on a Saturday, Sunday or public holiday, the period will end on the next working day.

7.7 A complaint is considered settled at the moment of informing the customer about its settlement and the method of resolution, no later than on the 30th day after the complaint has been filed, unless the deadline has been extended. Complaints are governed according to § 13, § 19 (3) and § 24 (7) (l) and (x) of Act No. 634/1992 Coll., on Consumer Protection; § 570 (1), § 605 (1), § 607, § 2169 (1) of Act No. 89/2012 Coll., Civil Code

7.8 To facilitate the handling of the claim, a claim form with instructions for handling the claim is available on the Seller’s website.

7.9 Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s Complaints Regulations.

7.10 The PUL material from which the products are made is not plastic. It is a material that must be primarily breathable and should also partially retain moisture. The baby’s skin must be able to breathe, so that it does not become inflamed and diapered. This means that it can only hold a certain amount of fluid and then it starts to leak. The more the baby grows, the more he pees, so you need to increase the absorbency of the nappy itself by adding an insert nappy or prefold and not letting the wetness seep through to the PUL layer. Consistent pressure on the material will also make it easier for fluid to penetrate, so it is advisable to use larger baby points for example, so as not to put unnecessary pressure on the fabric. In the case of leakage, it is therefore necessary to distinguish whether there is a defect in the material (defect in the PUL layer) or whether the material has merely let the fluid out over time.

1. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1 The Buyer acquires ownership of the Goods by paying the full purchase price of the Goods

8.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract.

8.4 The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

1. DATA PROTECTION

See. A separate document dealing with the protection of personal data PodminkyOchranyOsobnichUdaju.pdf, which is part of these terms and conditions and available on our website in the Documents->GDPR section.

9.1 Information on data processing

We determine your satisfaction with your purchase by means of e-mail questionnaires within the framework of the Verified by Customers program, in which our e-shop is involved. You can participate in this survey after you have agreed to it when ordering goods. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified by Customers programme is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use a processor, the operator of the Heureka.cz portal, to send questionnaires, evaluate your feedback and analyse our market position; we may pass on information about the goods you have purchased and your email address to the processor for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of email questionnaires within the framework of the Customer Verified programme at any time by rejecting further questionnaires using the link in the email with the questionnaire. If you object, we will not send you the questionnaire any further.

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1. COOKIES

What are Cookies

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What we use cookies for

We use cookies to facilitate the use of the Website (called Sessions). We cannot identify you as a person based on the information sent in the form of cookies.

What types of cookies we use

Only necessary session cookies, which expire at the end of your surfing session. These cookies are essential for browsing our website and using its features. Without these cookies, some pages may not function fully or may exhibit functional errors.

Deleting cookies

On our website you will find the option to delete or even permanently deactivate cookies in your browser. If you refuse the use of cookies, you will still be able to visit our and other Websites, but some features may not function properly. If you wish to do so, you can choose to refuse or block cookies used by the Website or third parties by changing your browser settings. For more information, please use your browser help. If you do not wish to use cookies, you will need to actively block or delete them.

1. SUBMISSION

11.1 Notices concerning the relationship between the Seller and the Buyer, in particular those concerning withdrawal from the Purchase Contract, must be delivered by post by registered letter, unless otherwise specified in the Purchase Contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, except for notices of withdrawal made by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.

11.2 A notice which has been refused by the addressee, which has not been collected within the storage period or which has been returned as undeliverable shall be deemed to have been delivered.

11.3.The Parties may deliver ordinary correspondence to each other by electronic mail to the electronic mail address specified in the Buyer’s user account or specified by the Buyer in the order, or to the address specified on the Seller’s website.

11.4 For a refund, the customer can use one of the options offered:

1. a) Send the goods to:

Bobánek s.r.o.
Králíčkova 4267
Havlíčkův Brod 58001
Czech Republic

1. b) Use the option to send the goods as a return shipment in the network Zásilkovna, from any branch. In this case, it is enough to take the package to the branch of Zásilkovna without any marking of the package and notify the return of the goods to the e-shop with the identifier: 94130375. The shipping cost is the same as the current lowest standard price offered by the seller for delivery to the address and will be credited to the buyer in addition to the amount for the returned goods.

1. FINAL PROVISIONS

12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.

12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.

12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4 The sample form for withdrawal from the Purchase Contract is an annex to the Terms and Conditions.

12.5 Contact details of the Seller: delivery address Králíčkova 4267, 58001 Havlíčkův Brod, e-mail address info@bobanek.com, telephone +420 799 991 227.

In Havlickuv Brod on 07.05.2024