TERMS AND CONDITIONS

Cloth Diapers Bobánek

Bobánek s.r.o.

Králíčkova 4267
58001 Havlíčkův Brod

Company ID: 08532451, VAT ID: CZ08532451

registered in the Commercial Register at the Regional Court in Hradec Králové, Section C, File 44547

for the sale of goods through the online store located at the website bobanek.com

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the seller Bobánek s.r.o., in accordance with Section 1751(1) of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”), govern the mutual rights and obligations of the contracting parties arising in connection with or based on 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 store. The online store is operated by the seller on the website located at bobanek.com (hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “Web Interface of the Store”).

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting within the scope of their business activity or independent professional practice when ordering goods.

1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Slovak language. The Purchase Contract may be concluded in the Slovak language.

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

2. USER ACCOUNT

2.1. Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From their user interface, the Buyer may order goods (hereinafter referred to as the “User Account”). If the Web Interface of the Store allows it, the Buyer may also order goods without registration directly from the Web Interface of the Store.

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 whenever it changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their 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, especially if the Buyer has not used the User Account for more than 2 years, or if the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).

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

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentation of goods placed in the Web Interface of the Store is of an informative nature and the seller is not obliged to conclude a Purchase Contract regarding these goods. The provision of Section 1732(2) of the Civil Code shall not apply.

3.2. The Web Interface of the Store contains information about the goods, including the prices of individual goods. The prices of goods are stated including value added tax and all related fees. The prices of goods remain valid for the period during which they are displayed in the Web Interface of the Store. This provision does not limit the seller’s ability to conclude a Purchase Contract under individually agreed conditions.

3.3. The Web Interface of the Store also contains information about the costs associated with packaging and delivery of goods. Information about packaging and delivery costs stated in the Web Interface of the Store applies only in cases where the goods are delivered within the territory of the Slovak Republic.

3.4. To order goods, the Buyer fills out the order form in the Web Interface of the Store. The order form contains in particular information about:

3.4.1. the ordered goods (the Buyer “inserts” the ordered goods 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 requested method of delivery of the ordered goods, and

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

3.5. Before sending the Order to the seller, the Buyer is allowed to check and modify the data entered into the Order, including with regard to the Buyer’s ability to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the seller by clicking the “Confirm Order” button. The data stated in the Order are considered correct by the seller.

3.6. Sending the Order is considered an act of the Buyer that unambiguously identifies the ordered goods, the purchase price, the Buyer’s identity, the method of payment, and constitutes a binding proposal to conclude a Purchase Contract for the contracting parties. The validity of the Order is conditional upon completing all mandatory data in the order form, becoming acquainted with these Terms and Conditions on the Website, and confirming that the Buyer has become acquainted with them.

3.7. The seller shall immediately confirm receipt of the Order to the Buyer by electronic mail to the Buyer’s email address stated in the User Interface or in the Order (hereinafter referred to as the “Buyer’s Email 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 request additional confirmation of the Order from the Buyer (for example in writing or by telephone).

3.9. The proposal to conclude a Purchase Contract in the form of an Order remains valid for fifteen days.

3.10. The contractual relationship between the seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), which is sent by the seller to the Buyer by electronic mail to the Buyer’s Email Address.

3.11. If the seller is unable to meet any of the requirements specified in the Order, the seller shall send the Buyer a modified offer to the Buyer’s Email Address stating possible variants of the Order and request the Buyer’s opinion.

3.12. The modified offer is considered a new proposal for concluding a Purchase Contract, and the Purchase Contract is concluded in such a case only upon acceptance by the Buyer via electronic mail.

3.13. The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. Costs incurred by the Buyer when using means of distance communication in connection with concluding the Purchase Contract (internet connection costs, telephone call costs) are borne by the Buyer, and these costs do not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The purchase price of the goods and any costs associated with delivery of the goods under the Purchase Contract may be paid by the Buyer to the seller in the following ways:

• in cash on delivery at the place specified by the Buyer in the Order
• by bank transfer to the seller’s account No. 2501699058 / 2010, held with FIO (hereinafter referred to as the “Seller’s Account”)
• via a payment gateway with the option of online transfer or payment by card:

After sending the Order, the Customer has the option to use the payment gateway service, which redirects them to their bank’s online banking or to a secure card payment page. After the transaction is completed, the gateway provides information about the payment to the e-shop, which may dispatch the goods immediately upon receiving confirmation of payment. Money transfers are carried out through the bank accounts of ComGate Payments, a.s.

Sensitive input data that you enter into the online banking system are protected by bank payment gateways and do not enter the environment of third parties. Payment processors only see transaction information communicated to them by the bank with the submitted transaction.

By concluding the Purchase Contract, the Buyer gives the seller consent to process their contact details until the Buyer expresses written disagreement with such processing. The contact details provided by the Buyer when ordering are used exclusively for our purposes and will not be provided to other entities except payment processors.

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

4.3. The seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.

4.4. In the 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 from the conclusion of the Purchase Contract.

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

4.6. The seller is entitled, especially if the Buyer does not provide additional confirmation of the Order (Article 3.8), to require payment of the full purchase price before dispatching the goods to the Buyer. Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the Buyer cannot be combined.

4.8. If customary in business practice or required by generally binding legal regulations, the seller shall issue a tax document – invoice to the Buyer regarding payments made under the Purchase Contract. The seller is a VAT payer. The tax document – invoice will be issued after payment of the price of the goods and sent in electronic form to the Buyer’s email address, or together with the goods in paper form.

4.9 The operator reserves the right to correct the price of the goods before dispatch if it is found that the goods were offered at an incorrect price. In such a 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 The Order status “confirmed” means confirmation of receipt of payment from the Customer, not confirmation of receipt of the Order. This occurs only when the Order status changes to “shipped”, at which point the Order is physically checked, accepted, packed, and handed over to the carrier.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract:

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

5.1.2. for the supply of goods modified according to the Buyer’s wishes or for their person,

5.1.3. for the supply of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygienic reasons,

5.2. If it is not a case referred to in Article 5.1 or another case where withdrawal from the Purchase Contract is not possible, the Buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days from receipt of the goods. If the subject of the Purchase Contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery. Withdrawal must be sent to the seller within the period specified above.

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

5.4. In the event of withdrawal pursuant to Article 5.2, the Purchase Contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days from withdrawal. If the Buyer withdraws, the Buyer bears the costs associated with returning the goods, even if the goods cannot be returned by regular postal service due to their nature. The Buyer will be refunded the amount for the goods including the cost of initial delivery, but only up to the amount of the currently lowest standard delivery price offered by the seller. For returns, the Customer may use one of the options described in Article 11.4 of these Terms and Conditions.

5.5. In the event of withdrawal pursuant to Article 5.2, the seller shall return the funds received from the Buyer within fourteen (14) days from withdrawal, using the same method by which the seller received them. The seller is also entitled to return the performance upon return of the goods or by another method if the Buyer agrees and no additional costs arise. The seller is not obliged to return funds before the Buyer returns the goods or proves that the goods have been sent back.

5.6. The seller is entitled to unilaterally offset compensation for damage to the goods against the Buyer’s claim for refund of the purchase price.

5.7. Until the Buyer takes over the goods, the seller is entitled to withdraw from the Purchase Contract at any time. In such a case, the seller shall return the purchase price without undue delay by bank transfer to an account designated by the Buyer.

5.8. If a gift is provided together with the goods, the gift agreement is concluded with a resolutive condition that if the Buyer withdraws from the Purchase Contract, the gift agreement regarding such gift ceases to be effective and the Buyer is obliged to return the gift together with the goods.

5.9 In the event of a consumer dispute arising from the Purchase Contract or a service contract that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court dispute resolution to the designated entity:

Central Inspectorate – ADR Department
Štěpánská 15
120 00 Prague 2
Email: adr@coi.cz
Web: adr.coi.cz

The consumer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.

5.10. The Buyer is obliged to prove purchase of the goods from the seller (receipt/invoice issued by the seller), which must be sent together with the goods and the withdrawal form pursuant to Article 11.4.

6.  TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method.

6.2. If under the Purchase Contract the seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.

6.3. If for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a manner other than specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery or another delivery method.

6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and in case of any defects immediately notify the carrier. If damage to the packaging indicating unauthorized intrusion into the shipment is detected, the Buyer does not have to accept the shipment.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914–1925, 2099–2117 and 2161–2174 of the Civil Code).

7.2. The seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable that at the time the Buyer received the goods:

7.2.1. the goods have the properties agreed upon by the parties, and if no agreement exists, they have properties described by the seller or manufacturer or expected by the Buyer with regard to the nature of the goods and advertising,

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

7.2.3. the goods correspond in quality or design to the agreed sample or model, if determined according to an agreed sample or model,

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

7.2.5. the goods comply with legal regulations.

7.3. Article 7.2 does not apply to goods sold at a lower price for a defect for which the lower price was agreed, wear and tear caused by normal use, used goods with defects corresponding to the degree of use at the time of receipt, or if this results from the nature of the goods.

7.4. If a defect becomes apparent within six months of receipt, it is presumed that the goods were defective upon receipt.

7.5. The Buyer shall exercise rights from defective performance at the seller’s business premises where acceptance of complaints is possible with regard to the assortment sold, or at the registered office or place of business. The moment of claim application is considered the moment when the seller receives the claimed goods.

7.6 The complaint, including defect removal, must be resolved as soon as possible, no later than 30 days from the date of application. By agreement, this period may be extended. The period runs from the moment of application. The day following the complaint application is the first day of the 30-day period. If the last day falls on Saturday, Sunday, or a public holiday, the period ends on the next working day.

7.7 A complaint is considered resolved when the Customer is informed of the resolution and the method of settlement, no later than the 30th day from application, unless the period was extended.

7.8 For easier complaint handling, a complaint form with instructions is available on the seller’s website.

7.9. Additional rights and obligations related to liability for defects may be regulated by the seller’s complaint procedure.

7.10 The PUL material from which the products are sewn is not plastic film. It is a material that must primarily be breathable and partially retain moisture. The baby’s skin must breathe to prevent rashes. This means it can hold only a certain amount of liquid and will then begin to leak through. As the child grows, they urinate more, so it is necessary to increase the absorbency of the diaper by adding an insert or prefold and prevent moisture from reaching the PUL layer. Continuous pressure on the material also facilitates liquid penetration, therefore it is advisable to use larger bodysuits for babies so as not to unnecessarily press on the fabric. In the event of leakage, it is necessary to distinguish whether it is a material defect (defect of the PUL layer) or simply that the material has allowed liquid through over time.

8. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods.

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

8.3. The authority responsible for out-of-court settlement of consumer disputes arising from the Purchase Contract is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: http://www.coi.cz

8.4. The Seller is authorized to sell goods on the basis of a trade license. Trade licensing supervision is carried out within its competence by the relevant trade licensing office. Supervision in the field of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority also performs, within a defined scope, supervision over 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.

9. PERSONAL DATA PROTECTION

See the separate document dealing with personal data protection, PodmienkyOchranyOsobnichUdaju.pdf, which forms part of these Terms and Conditions and is available on our website in the section Documents -> GDPR.

9.1. Information on Data Processing

We determine your satisfaction with your purchase through email questionnaires as part of the “Verified by Customers” program, in which our e-shop participates. You may participate in this survey by giving your consent when placing an order. We process personal data for the purpose of sending questionnaires within the “Verified by Customers” program on the basis of our legitimate interest, which consists of determining your satisfaction with your purchase from us. For sending questionnaires, evaluating your feedback, and analyzing our market position, we use a processor, which is the operator of the Heureka.cz portal; for these purposes we may provide them with information about the purchased goods and your email address. Your personal data are not provided to any third party for their own purposes when sending email questionnaires. You may object to receiving email questionnaires within the “Verified by Customers” program at any time by refusing further questionnaires via the link in the questionnaire email. In case of your objection, we will no longer send you questionnaires.

We use Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies,” which are text files stored on your computer and enable analysis of your use of the website. As we have activated IP anonymization, your IP address will be shortened in advance by Google within member states of the European Union or other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, compile reports on website activity, and provide other services relating to website and internet use to the website operator. The IP address transmitted by your browser within Google Analytics will not be merged with other Google data. You may prevent the storage of cookies by adjusting your browser software settings; however, we point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting and processing data generated by cookies and related to your use of the website (including your IP address) by downloading and installing the appropriate browser plugin via the following link: http://tools.google.com/dlpage/gaoptout?hl=de. By clicking the following link, you can prevent data collection by Google Analytics. An opt-out cookie will be set to prevent future collection of your data when visiting this website: https://tools.google.com/dlpage/gaoptout?hl=de. More information about terms of use and data protection can be found at http://www.google.com/analytics/terms/de.html and http://www.google.com/intl/de/analytics/privacyoverview.html. We note that all websites and applications have been extended with the code “gat._anonymizeIp();” to ensure anonymized recording of IP addresses (so-called IP masking) by Google Analytics.

10. COOKIES

What are cookies

Cookies are small text files created by a visited website that contain certain data. They are stored on the visitor’s computer to enable the user to access various functions.

What we use cookies for

We use cookies to facilitate the use of the website (so-called sessions). Based on information sent in the form of cookies, we cannot identify you as a person.

What types of cookies we use

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

Deleting cookies

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

11. DELIVERY

11.1. Notices concerning the relationship between the Seller and the Buyer, especially those concerning withdrawal from the Purchase Contract, must be delivered by post in the form of a registered letter, unless otherwise specified in the Purchase Contract. Notices are delivered to the relevant contact address of the other party and are deemed delivered and effective at the moment of delivery via postal service, except for a notice of withdrawal made by the Buyer, which is effective if sent by the Buyer within the withdrawal period.

11.2. A notice whose receipt has been refused by the addressee, which has not been collected within the storage period, or which has been returned as undeliverable, is also deemed delivered.

11.3. The contracting parties may deliver ordinary correspondence to each other by electronic mail to the email address stated in the Buyer’s user account or specified by the Buyer in the Order, or to the address stated on the Seller’s website.

11.4. For returns, the Customer may use one of the following options:

a) Send the goods to the address:

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

b) Use the option to send the goods as a return shipment within the Zásielkovňa network from any branch. In this case, it is sufficient, without any labeling of the package, to bring the parcel to a Zásielkovňa branch and report the return to the e-shop with the identifier: 94130375. The shipping cost is equal to the currently lowest standard delivery price offered by the Seller and will be deducted from the amount for the returned goods.

12. FINAL PROVISIONS

12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, 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 does not affect the validity of the other provisions. Amendments and supplements to the Purchase Contract or the Terms and Conditions require written form.

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

12.4. An annex to the Terms and Conditions is a sample withdrawal form from the Purchase Contract.

12.5. Seller’s contact details: delivery address Králíčkova 4267, 58001 Havlíčkův Brod, email address info@bobanek.eu, phone +420 799 991 227.

In Havlíčkův Brod on 07.05.2024