Terms and Conditions

GENERAL TERMS AND CONDITIONS

 

The operator of the online store www.baavi.cz is

BaaVi s.r.o., with registered office at Kytínská 137, 267 28 Svinaře, Czech Republic

ID No.: 11910976

VAT No.: CZ11910976

Registered in the Commercial Register kept by the Municipal Court in Prague, Section C, 356211

(hereinafter "the seller")

Contact persons: Ondřej Salavec and Mgr. Eliška Salavcová

The seller is a VAT payer.

 

1. INTRODUCTORY PROVISIONS

• These General Terms and Conditions (hereinafter also "Terms and Conditions") apply to purchases made in the seller's online store operated at www.baavi.cz (hereinafter also "e-shop"), and in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter "the Civil Code"), govern the rights and obligations of the contracting parties, i.e. the seller and the buyer.

• All contractual relations between the seller and the buyer are governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended.

• The buyer is a consumer or a business entity.

• Unless expressly stated otherwise, for the purposes of these Terms and Conditions, a consumer is any person who concludes a contract with the seller or otherwise deals with the seller outside the scope of their business activity or outside the scope of their independent professional practice (hereinafter "consumer").

• A business entity is a person who independently carries out a gainful activity on their own account and responsibility in a trade or similar manner with the intention of doing so on a regular basis for the purpose of making a profit. A consumer under the Civil Code is therefore not a person who intends to purchase goods from the seller or use the services offered by the seller in the course of their business activity or in the course of their independent professional practice, or who is a legal entity.

• The Terms and Conditions, as well as the purchase contract, are drawn up in the Czech language. By submitting an order, the buyer confirms that they have familiarised themselves with these Terms and Conditions prior to concluding the purchase contract and that they expressly agree to them in the version valid and effective at the time the order is submitted.

• The purchase contract may contain provisions deviating from the Terms and Conditions. Deviating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.

• The buyer agrees to the use of means of distance communication when concluding the purchase contract.

 

2. CONCLUSION OF THE PURCHASE CONTRACT

• All goods listed in the e-shop are for informational purposes only and the seller is not obliged to conclude a purchase contract in respect of such goods. Section 1732(2) of the Civil Code shall not apply.

• The contractual relationship between the seller and the buyer is governed by the applicable legal regulations and the purchase contract, which also includes these Terms and Conditions.

• The purchase contract between the seller and the buyer is formed upon delivery of the seller's order confirmation (acceptance) to the buyer. The seller is obliged to confirm receipt of the buyer's order to the buyer via the email address provided by the buyer in their order.

• The buyer's order contains in particular the following information:

- identification of the ordered goods (goods are identified by the buyer adding them to the shopping cart in the e-shop)

- method of payment of the purchase price

- method of delivery of the goods, including information on delivery costs

- identification of the buyer, including the delivery address

• The buyer submits the order to the seller by clicking the "place order" button.

• The e-shop contains information about the goods, including the prices of individual products. Prices are stated as final, inclusive of all related charges. Prices are valid at the time they are displayed in the e-shop. This provision does not affect the seller's right to conclude a purchase contract on individually agreed terms.

• Upon conclusion of the purchase contract, the seller undertakes to deliver the agreed goods to the buyer and transfer ownership of the goods to the buyer, and the buyer undertakes to pay the seller the purchase price in accordance with the agreed payment terms and to accept the delivered goods.

• If the seller is unable to fulfil any of the requirements set out in the order, it shall send the buyer a modified offer to the buyer's email address provided in the order, setting out the possible variants of the order, and shall request the buyer's response.

• A modified offer shall be considered a new proposal for a purchase contract and the purchase contract shall in such case be concluded only upon acceptance by the buyer via email.

• By concluding the purchase contract, the buyer expressly confirms that they are aware that these Terms and Conditions form an integral part of the purchase contract, that they were duly notified of these Terms and Conditions prior to concluding the purchase contract, and that they had the opportunity to familiarise themselves with them in full.

 

3. PRICE OF GOODS AND PAYMENT TERMS

• The e-shop contains information about the goods, including the prices of the goods. Prices are stated as final, inclusive of all related charges. Prices are valid at the time they are displayed in the e-shop. This provision does not affect the seller's right to conclude a purchase contract on individually agreed terms.

• The purchase price of the goods shall be agreed in each purchase contract, with the amount of such purchase price corresponding to the purchase price of the relevant goods listed in the e-shop at the time the buyer submits the order. The seller is entitled to unilaterally change the prices of goods, provided that such a price change shall not affect a purchase contract already concluded.

• The method of payment of the purchase price of the goods and any delivery costs shall be agreed in the purchase contract, depending on the buyer's choice made in their order. The buyer may choose from the following options:

- Non-cash bank transfer to the seller's account No. 123-5189780217/0100, held in CZK at Komerční banka (hereinafter "the seller's account")

- Non-cash bank transfer to the above seller's account via QR code

- Non-cash payment to the above seller's account by credit/debit card

- Cash payment upon personal collection at the seller's premises, BaaVi, s.r.o., Karlštejn 317, 267 18 Karlštejn

• In the case of non-cash payment by bank transfer, the buyer is obliged to pay the purchase price of the goods with the variable payment symbol indicated, within 3 days of concluding the purchase contract. The variable payment symbol will be sent to the buyer in the order confirmation.

• In the case of non-cash payment by bank transfer, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

• If the buyer fails to pay the purchase price within the above deadline, the relevant order will be cancelled.

• Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

 

4. DELIVERY CONDITIONS

• The goods will be delivered to the buyer by the carrier selected by the buyer in their order (PPL / Personal collection).

• The goods will be delivered to the buyer within 7 working days of payment of the purchase price at the latest, unless otherwise agreed between the seller and the buyer.

• The delivery charge payable by the buyer together with the purchase price of the goods is CZK 149, unless the seller does not charge the buyer a delivery fee. Personal collection is free of charge.

• The cost of delivery to countries outside the Czech Republic will always be agreed individually based on the current tariffs of the relevant courier companies.

• The buyer agrees that the seller may provide the selected carrier with the buyer's details to the extent necessary for the proper delivery of the goods.

• If the seller is obliged under the purchase contract to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to accept the goods at that location upon delivery. If the buyer fails to accept the goods pursuant to this provision, the buyer is obliged to pay the seller the delivery costs even in the case referred to in clause 4.3.

• If, due to reasons on the buyer's side, the goods must be delivered repeatedly or by a different method than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery or with the alternative delivery method.

• Upon accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging and, in the event of any damage or defects, to notify the carrier without delay. In the event of serious damage to the packaging or defects, the buyer is not obliged to accept the goods from the carrier.

 

5. TITLE AND TRANSFER OF RISK

• The buyer acquires title to the goods that are the subject of the delivery upon accepting them at the location agreed in the purchase contract in accordance with the buyer's order.

• The risk of damage to the goods that are the subject of the delivery passes to the buyer at the same time as the buyer acquires title to the goods.

 

6. NON-CONFORMITY WITH THE PURCHASE CONTRACT

• The seller is obliged to deliver the goods to the buyer in the quantity and specification as agreed in the purchase contract in accordance with the buyer's order. If quality and specification are not agreed, the seller shall perform in the quality and specification suitable for the purpose apparent from the purchase contract; otherwise for the usual purpose.

• Conformity with the purchase contract also means that the goods have the quality and functional properties described by the seller, or the quality usual for this type of goods.

• Non-conformity with the purchase contract that manifests itself within six months of the date of acceptance of the goods by the buyer shall be deemed to have existed at the time of acceptance, unless this is contrary to the nature of the goods or unless the contrary is proved. This does not apply if the buyer was aware of the non-conformity with the purchase contract before accepting the goods or if the buyer caused the non-conformity themselves.

• Cases where this is contrary to the nature of the goods include in particular changes in the properties of the goods as a result of natural changes in the material or as a result of wear and tear.

• If the goods are not in conformity with the purchase contract upon acceptance by the buyer, the seller is obliged without undue delay to bring the goods into a condition conforming to the purchase contract, either by repairing or replacing the goods (replacement with the same type of goods is possible). If repair or replacement of the goods is not possible, the buyer is entitled to request a reasonable reduction of the purchase price or to withdraw from the contract.

 

7. WITHDRAWAL FROM THE CONTRACT

• If the purchase contract was concluded using means of distance communication, the buyer-consumer has the right to withdraw from the purchase contract pursuant to Section 1829(1) of the Civil Code, within 14 days of accepting the goods.

• Within this period, the buyer is obliged to notify the seller of the withdrawal electronically at: info@baavi.cz, or in writing to the delivery address: BaaVi, s.r.o., Karlštejn 317, 267 18 Karlštejn. The decisive date is the date on which the withdrawal from the purchase contract is sent.

• In the event of withdrawal from the purchase contract, the contract is cancelled from the outset. The buyer is therefore also obliged, within the period specified in clause 7.1, to send the purchased goods to the seller at the delivery address — unused and in their original packaging. The buyer shall send the goods to the seller at their own expense.

• If the buyer-consumer withdraws from the contract, the seller shall refund the full purchase price paid for the goods no later than 14 days from the date on which the withdrawal from the purchase contract was received, but not before the goods have been returned to the seller. The seller shall refund the purchase price by bank transfer to the account from which the buyer paid for the goods. If the buyer paid cash upon personal collection, they shall state in the withdrawal the bank account to which the purchase price is to be refunded.

• If the goods have already been used or partially damaged/destroyed by the buyer in the meantime, the seller may exercise the right to compensation for damages against the buyer and unilaterally set off their claim against the refunded purchase price. The seller shall thus refund the buyer-consumer a correspondingly reduced purchase price.

• The seller is entitled to withdraw from the purchase contract at any time before the goods are accepted by the buyer.

• If a gift is provided to the buyer together with the goods, the gift agreement between the buyer and the seller is concluded with a resolutory condition such that if the buyer withdraws from the purchase contract, the gift agreement becomes ineffective in respect of such gift and the buyer is obliged to return the gift to the seller together with the goods.

 

8. COMPLAINTS AND RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, COMPLAINTS PROCEDURE

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

• The seller warrants to the buyer that the goods are free from defects upon acceptance. In particular, the seller warrants to the buyer that at the time the buyer accepts the goods:

- the goods have the properties agreed by the parties, and in the absence of an agreement, the goods have such properties as described by the seller or manufacturer, or as the buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,

- the goods are fit for the purpose stated by the seller for their use or for which goods of this type are ordinarily used,

- the goods correspond in quality or workmanship to the agreed sample or template, if quality or workmanship was determined by reference to an agreed sample or template,

- the goods are of the appropriate quantity, measure or weight,

- the goods comply with the requirements of applicable legal regulations.

• The seller provides the buyer with a quality guarantee for the delivered goods. The quality guarantee for the buyer-consumer is 24 months, and for the buyer-business entity 12 months (hereinafter "warranty period"). This warranty period begins on the date the goods are accepted by the buyer.

• The buyer's claims arising from defects in the goods (including the complaint handling procedure) are governed by the relevant generally binding legal regulations applicable to the relationship between the seller and the buyer in accordance with the purchase contract.

• The seller is not liable for defects in the goods arising after the risk of damage has passed to the buyer without the seller's fault, for defects caused by mechanical damage, normal wear and tear or improper handling, storage or use, or for defects caused by the buyer or a third party.

• Defects in the goods that manifest themselves within six months of the date of acceptance of the goods by the buyer shall be deemed to have existed at the time of acceptance, unless this is contrary to the nature of the goods or unless the contrary is proved. This does not apply if the buyer was aware of the defects before accepting the goods or if the buyer caused the non-conformity themselves.

• If a defect is discovered in the goods, the buyer is obliged to notify the seller without delay at the email address info@baavi.cz.

• In the defect notification, the buyer shall describe the defect in detail and may attach photographic documentation. In all cases, the buyer shall attach the proof of purchase, thereby proving that the goods were purchased from the seller. If necessary for the complaint procedure, the seller will subsequently inform the buyer of the address to which the defective goods should be sent.

• If it is necessary to send the goods to the seller's address for the purpose of assessing the defects, the buyer shall send the goods at their own expense. The goods must be packaged prior to dispatch so as to prevent further damage during transport.

• A claim arising from defective performance shall be deemed to have been duly submitted if the goods under complaint are complete, including the proof of purchase by which the buyer proves that the goods were purchased from the seller. In addition, the buyer is obliged to hand over to the seller the goods under complaint free from all impurities and in a hygienic condition.

• The seller shall decide on the complaint without undue delay, but no later than 30 days from the proper receipt of the complaint. This period does not include the time required for expert assessment of the defect.

• The right arising from liability for defects must be exercised without undue delay as soon as the defect appears or as soon as the buyer discovers the defect, but no later than before the end of the warranty period. Any delay in continuing to use the goods may cause the defect to worsen, the goods to deteriorate, and may be grounds for rejecting the complaint. The warranty period for the buyer-consumer is 24 months, and for the buyer-business entity 12 months, and begins on the date the goods are accepted by the buyer.

• The period from the exercise of the right arising from liability for defects until the time the buyer was obliged to collect the goods after completion of the repair shall not be counted towards the warranty period.

• The buyer shall be informed of the outcome of the complaint via email. The complaint procedure shall be concluded and the complaint resolved (including any remedy of the defect) without undue delay, no later than 30 days from the date the complaint was submitted by the buyer. In justified cases, the seller may agree a longer period with the buyer.

• If the outcome of the complaint procedure is the replacement of the goods under complaint, a new warranty period shall begin from the acceptance of the new goods. In the case of replacement of a defective part of the goods, the new warranty period applies only to the replaced part.

 

9. OUT-OF-COURT SETTLEMENT OF CONSUMER COMPLAINTS

• Pursuant to Section 1820(1)(j) of the Civil Code, the seller hereby notifies the buyer-consumer that out-of-court complaints may be submitted to the supervisory authority, which is the Czech Trade Inspection Authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legal regulations.

 

10. DELIVERY

• The buyer acknowledges that all written documents from the seller will be sent primarily to the buyer's email address provided in the order form. This does not affect the right of the buyer and the seller to agree on another method of delivery of documents, in particular by post to the buyer's home address, place of business or registered office.

 

11. PROTECTION OF PERSONAL DATA

• By concluding the purchase contract, the buyer consents to the processing and collection of their personal data (as stated in the purchase contract) for the purposes of exercising the rights and obligations arising from the purchase contract and for the purpose of the seller sending the buyer information and commercial communications.

• The buyer grants consent to the processing of personal data for an indefinite period, or until the buyer delivers written notice of their objection to such processing to the seller.

• Consent to the processing of personal data in the full scope of this article is not a condition that would in itself prevent the conclusion of the purchase contract.

• The protection of the buyer's personal data, where the buyer is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.

• The buyer acknowledges that they are obliged to provide their personal data (when placing an order) correctly and truthfully and that they are obliged to notify the seller without undue delay of any changes to their personal data.

• The seller undertakes not to disclose the buyer's personal data to any third party, except where required by law, and except to carriers and postal delivery services authorised by the seller to deliver the goods; only data necessary for the delivery of the goods will be disclosed to such parties.

• The seller may authorise a third party as a processor to process the buyer's personal data.

• The buyer has the right of access to their personal data, the right to rectification thereof and other statutory rights in relation to such data. If the buyer requests information about the processing of their personal data, the seller is obliged to provide such information. The seller is entitled to charge a reasonable fee for providing information pursuant to the preceding sentence, not exceeding the costs necessary for providing the information.

 

12. FINAL PROVISIONS

• 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 rights of consumers arising from generally binding legal regulations.

• If any provisions of the Terms and Conditions are or become invalid or ineffective, whether at the time of their creation or subsequently, this shall not affect the validity and effectiveness of the remaining provisions of the Terms and Conditions. The invalid provisions of the Terms and Conditions shall be replaced by the provisions of the valid legal regulations of the Czech Republic that are closest in content and purpose to the content and purpose of the Terms and Conditions.

 

In Řevnice, on 5 October 2021