GENERAL TERMS AND CONDITIONS

companies

Lucy Creative s.r.o.

ID No.: 118 79 807, with its registered office at Příčná 1892/4, Nové Město, 110 00 Prague, registered in the Commercial Register kept at the Municipal Court in Prague, file No. C 355673,

Phone number: +420739293138, e-mail: babyonsetoffice@gmail.com

(hereinafter referred to as "Seller"

I.GENERAL PROVISIONS

These Terms and Conditions (hereinafter referred to as "Terms and Conditions") have been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as "Consumer Protection Act").
In accordance with § 1751, paragraph 1 of the Civil Code, the Terms and Conditions regulate the mutual rights and obligations arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Contract") concluded through the e-shop on the website www.babyonset.com (hereinafter referred to as the "Website") regarding the goods displayed on the Website (hereinafter referred to as the "Goods") between the Seller and the Buyers.
The buyer is i) a consumer within the meaning of Section 2(1)(a) of the Consumer Protection Act (hereinafter referred to as "Consumer"), or ii) a person other than a consumer (these two types of buyers are hereinafter collectively referred to as "Buyer").

USER ACCOUNT

Upon registration on the Website, the Buyer may create a user account (hereinafter referred to as "User Account").
The data provided by the Buyer in the User Account and when ordering Goods are considered by the Seller to be correct and true and the Buyer is responsible for their accuracy and timely updating.
Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding these access details and not to provide these details to anyone. The User Account is personal and the Buyer is not entitled to allow third parties to use it.
The Buyer's user account may be cancelled by the Seller, especially if the Buyer has not used it for more than 24 months or if the Seller breaches its obligations under the Contract.
The user account may not be available around the clock, especially with regard to necessary hardware and software maintenance.
The website also allows the conclusion of Contracts without registration and the creation of a User account. In this case, the Buyer must also check that all the personal data provided by him/her for ordering and delivery of the Goods is up-to-date and correct, and is responsible for their correctness and updates.

CONCLUSION OF THE CONTRACT

A proposal to supply Goods at the prices set out on the Website is an offer to enter into a Contract subject to the exhaustion of stock or loss of the Seller's ability to perform. This offer does not admit acceptance of an offer with an addendum or variation. The characteristics and composition of the Goods are set out on the Website.
In order to conclude the Contract as part of the purchase process, the Buyer first selects the Goods to be purchased and the quantity required. This step is confirmed by pressing the "ADDING" button. If the Buyer does not select the desired quantity, one piece of Goods will be added to his cart.
Once the Buyer has made the above-mentioned selection of all the Goods he intends to purchase, he continues the purchase process by pressing the "CHECKOUT" button. No later than at the beginning of the order , the Buyer will be informed of any restrictions and conditions of delivery of the Goods and what payment methods are accepted.
To order the Goods, the Buyer shall fill in the order form (unless partially pre-filled by logging into the User Account). The order form contains in particular information about:

ordered Goods,
Buyer's billing data,
the method of payment of the purchase price of the Goods, information about the required method of delivery of the ordered Goods and the time of delivery,
the costs associated with the delivery of the Goods,

(hereinafter collectively referred to as the "Order").

In some cases, the Seller offers the possibility to use a discount on the purchase of Goods. In order for the discount to be granted, the Buyer must fill in the details of the discount in the predefined field within the Order proposal. If the Buyer does so, the Goods will be provided to the Buyer at a discount.
Before sending the complete Order, the Buyer is allowed to check and change the data he has entered in the Order, so that the Buyer can correct any errors made when entering the data in the Order. The Buyer sends the Order to the Seller by clicking on the button "PAY ".
The Seller shall confirm the Order to the Buyer as soon as possible after its delivery by a message sent to the Buyer's e-mail address specified in the Order. Confirmation of the Order results in the conclusion of the Contract between the Buyer and the Seller. Together with the confirmation, the Seller sends to the Buyer:

instructions on how to use and maintain the Goods and the dangers arising from their improper use, if instructions are provided due to the nature of the Goods,
confirmation of the concluded Contract including the text of these Terms and Conditions,
and, if the Seller provides a warranty for the Goods, also a warranty certificate.

Upon conclusion of the Contract, the Buyer is obliged to pay the purchase price.
In the event that an incorrect price is displayed on the Website and an order for Goods is placed at an incorrect price, the Seller reserves the right not to confirm the Order or (if already confirmed) to cancel the Order. In such a situation, the Seller will promptly inform the Buyer by email of the cancellation of the Order and will correct the price of the Goods.
The Seller is also entitled to withdraw from the Contract at any time before delivering the Goods to the Buyer if there are objective reasons why the Goods cannot be delivered (in particular, reasons on the part of third parties or reasons based on the nature of the Goods). The Seller may also withdraw from the Contract if it is apparent that the Buyer has deliberately provided incorrect information in the Order. If the Buyer is not a Consumer, the Seller is entitled to withdraw from the Contract at any time, even without giving any reason.
The Buyer agrees to the use of remote means of communication for the conclusion of the Contract. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Contract (costs of internet connection, costs of telephone calls, if any) shall be borne by the Buyer himself and shall not differ from the basic rate.

PRICE AND PAYMENT TERMS, RESERVATION OF TITLE

The prices of the Goods offered are inclusive of value added tax and all related charges, however, the cost of delivery of the Goods varies according to the chosen method and provider of transport and the method of payment and the Buyer is obliged to pay them to the Seller together with the purchase price.
If there is a discrepancy between the purchase price stated for the Goods on the Website and the purchase price stated in the Order, the purchase price stated in the Order shall always apply.
The Buyer may pay the purchase price and any costs associated with the delivery of the Goods under the Contract to the Seller in the following ways:

By bank transfer. The Seller will send the Buyer the information for making the payment within the Order confirmation.
By card online. In this case, the payment is made via the Stripe payment gateway and payment is subject to the terms and conditions of the payment gateway.
Cash on delivery. In this case, payment will be made on delivery of the Goods against delivery of the Goods.

Upon payment of the price, an invoice will be issued and will be sent to the Buyer's e-mail address specified in the Order.
Title to the Goods shall pass to the Buyer only after he has paid the full purchase price for the Goods and has taken possession of the Goods.

DELIVERY OF GOODS

The Goods will be delivered to the Buyer normally within 14 calendar days of confirmation of the Order, no later than the date specified in the Order confirmation in the manner of the Buyer's choice, whereby the Seller provides the following options , unless otherwise specified in the Order:

Personal collection at the company's outlets Zásilkovna;
Delivery via transport companies Zásilkovna;

The goods can only be delivered within the Czech Republic.
The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. In case of personal collection at the Seller's premises, the Seller will always inform the Buyer about the possibility of collecting the Goods by e-mail.
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 apparent defects immediately notify the carrier and the Seller.
If the Buyer breaches its obligation to accept the Goods, the Contract shall not be terminated. However, the Seller has the right to withdraw from the Contract due to a material breach of the Contract by the Buyer, or to store the Goods, for which the Seller is entitled to a payment of CZK 50 per day. Any withdrawal from the Contract does not affect the right to payment of the price for transport of the Goods or the right to compensation for damages, if the Seller has incurred.
If, for reasons arising on the Buyer's side, the Goods are delivered repeatedly or in a different manner than agreed in the Contract, the Buyer is obliged to pay the costs associated with such delivery. The Seller shall send payment details for payment of such costs to the Buyer's email address specified in the Order.

RIGHTS FROM DEFECTIVE PERFORMANCE

The Seller shall be liable to the Buyer that the item is free from defects upon receipt. If the Buyer is a Consumer, the Seller is liable in particular that the Goods:

conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
is suitable for the purpose for which the Buyer requires it and to which the Seller agrees;
is supplied with the agreed accessories and instructions for use, including assembly or installation instructions;
is suitable for the purpose for which Goods of this type are normally used;
in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, corresponds to the usual characteristics of Goods of the same kind that the Buyer can reasonably expect, also taking into account public statements made by the Seller or another person in the same contractual chain, in particular advertising or labelling;
is supplied with such accessories, including packaging, installation instructions and other instructions for use, as the Buyer may reasonably expect; and
corresponds in quality or workmanship to the sample or template provided to the Buyer prior to the conclusion of the Contract.

The rights and obligations regarding the rights from defective performance of the Buyer, who is a Consumer, are governed by the relevant generally binding legal regulations, in particular the provisions of S. 2099 to S. 2117 and S. 2161 to S. 2174b of the Civil Code and the Consumer Protection Act.
In the event that the Goods are defective, the Buyer may notify the Seller of the defect and exercise the rights of defective performance, i.e. claim the Goods. The Buyer may claim the Goods by e-mail or at the Seller's premises. When making a claim, the Buyer is obliged to choose how he wants to resolve the defect, and he cannot subsequently change this choice without the Seller's consent.
If the Goods are defective, the Buyer shall have the right to have the defect removed by delivery of new Goods without defect, or delivery of the missing part of the Goods; or to have the defect removed by repair of the Goods, unless the chosen method of removal of the defect would be impossible or disproportionately costly compared to the other method, which shall be assessed in particular with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be removed by the other method without significant difficulties for the Buyer.
Furthermore, the Buyer has the right to a reasonable discount on the purchase price or to withdraw from the Contract if:

The Seller refuses or fails to remedy the defect in accordance with the law;
the defect manifests itself repeatedly,
the defect is a material breach of the Contract; or
it is evident from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.

The Buyer does not have the right to withdraw from the Contract if the defect in the Goods is insignificant.
The Buyer shall not be entitled to the rights from defective performance if he/she already knew that the Goods were defective before taking over the Goods or if the Buyer caused the defect. A defect in the Goods shall not include wear and tear caused by normal use of the Goods or, in the case of used Goods, wear and tear corresponding to the extent of their previous use.
When a claim is made, the Seller will issue a written confirmation to the Buyer, which will indicate the date of the claim, its content, which method of handling the claim the Buyer requires and the Buyer's contact details for the purpose of providing information on the handling of the claim.
If the Buyer and the Seller do not agree on a longer period of time, the Seller shall settle the complaint within 30 days from the receipt of the complaint and provide the Buyer with information on the settlement of the complaint to the contact details provided. If this period expires in vain, the Buyer who is a Consumer may withdraw from the Contract or demand a reasonable discount.
The Seller informs the Buyer by e-mail about the settlement of the claim and issues the Buyer a confirmation of the date and method of settlement of the claim. If the complaint is justified, the Buyer is entitled to reimbursement of the costs reasonably incurred, and the Buyer is obliged to prove these costs.
In the event that the Buyer is not a Consumer, it is his obligation to notify and reproach the defect of the Goods without undue delay after he could have discovered it, but no later than within three days of receipt of the Goods.
If the Buyer is a Consumer, the Buyer has the right to exercise the rights of defective performance for defects that occur in consumer Goods within 24 months of receipt of the Goods.

WITHDRAWAL FOR CONSUMERS

If the Buyer is a Consumer, the provisions of this section of the Terms and Conditions shall also apply to the contractual relationship. For the avoidance of doubt, the Seller states that if the Buyer is not a Consumer, the provisions of this Section shall not apply to the contractual relationship.
In accordance with the provisions of S. 1829 of the Civil Code, the Consumer has the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or if it is a purchase of Goods, then within 14 days from its receipt, if the conclusion of the Contract was made by distance or outside the Seller's business premises. In case the Buyer and the Seller have concluded a Contract, the subject of which is several pieces of Goods or delivery of several parts of Goods, this period starts only on the day of delivery of the last piece or part of Goods.
The Consumer cannot withdraw from the Contract in cases where the subject of the Contract is the performance referred to in Section 1837 of the Civil Code.
To meet this deadline, it is sufficient if the withdrawal from the Contract has been sent to the Seller before the expiry of this deadline. For withdrawal from the Contract, it is possible to use the sample withdrawal form attached to these Conditions, but it is not obligatory. The Buyer shall send the withdrawal from the Contract to the Seller in principle by e-mail or other clear statement made to the Seller.
If the Buyer withdraws from the Contract in accordance with the above conditions, the Seller shall without undue delay, and no later than 14 days from the date on which all Goods have been returned to the Seller (or proof of shipment has been provided), refund to the Buyer any payments or payments less services already provided received from the Buyer in connection with the Contract in the same manner as such payments were received, unless otherwise agreed between the Seller and the Buyer. However, the price for delivery shall only be refunded in the amount corresponding to the cheapest method offered by the Seller for delivery of the Goods.
If any Goods are returned in connection with the withdrawal from the Contract, the Buyer shall bear the cost of shipping such Goods to the Seller.
However, in the event of withdrawal from the Contract in accordance with the aforementioned conditions, the Buyer shall be liable for any diminution in the value of the Goods resulting from the handling of the Goods in a manner other than that necessary for the Buyer to become familiar with the nature, characteristics and functionality of the Goods, i.e. in the manner in which the Buyer would become familiar with the Goods in a brick-and-mortar store. The Seller is entitled to set off any claim for damages against the Buyer's claim for reimbursement of the purchase price.
After the expiration of the aforementioned 14-day period, the right to withdraw from the Contract concluded by distance or outside the Buyer's business premises shall expire.
In the event that a consumer dispute arises between the Buyer and the Seller under the Contract that cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court resolution of such dispute to the designated entity for out-of-court resolution of consumer disputes, which is: the Czech Trade Inspection Authority (ČOI), Central Inspectorate - ADR Department, Štěpánská 15, 120 00, Prague 2, email: adr@coi.cz, web: ard.coi.cz

FINAL PROVISIONS

These Terms and Conditions and the Contract shall always be governed by the laws of the Czech Republic.
The Agreement and the Terms and Conditions are in Czech and English. After the Buyer concludes it with the Seller, it remains stored in electronic form with the Seller and is not accessible to the Buyer.
The provisions of these Conditions are an integral part of the Contract, the Buyer confirms that he has been notified of the existence of these Conditions prior to the conclusion of the Contract, that he has read them and agrees to them.
The Seller may unilaterally change or amend the wording of these Terms and Conditions, but this does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
Provisions deviating from these Terms and Conditions may be negotiated in a specific Contract. Such derogating provisions shall prevail over the wording of these Conditions.
All information about the processing of the Buyer's personal data is contained in the Personal Data Processing Policy, which can be found here [link].
The reviews of the customers are published on the Website, which may be both verified and unverified reviews. In the case of verified reviews, these are reviews of the Product directly from Buyers who have purchased the Product. An email requesting a review of the purchased Goods with a unique link is sent by the Seller after 14 days from the collection of the Goods to all Buyers who have agreed to receive the newsletters. Here, the review verification system is 100% ensured, because the email with the request for a review will be sent to the actual Buyer, to the email specified in the order and with their unique url link. In the case of an unverified review, it is a review of the Goods from visitors to the Website, for which the Seller is not aware whether they have purchased the Goods on the Seller's Website. This may be the case of customers who have purchased Goods on the Website but have not received an automated survey or have not consented to receive promotional communications.
The Buyer and Seller agree to communicate by electronic mail. The Seller's email address is set out in the header of these Terms and Conditions and the Buyer's email address is set out in the Order (or User Account, if the Buyer has one).
In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), the Seller shall not be liable for damages caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 30 days, the Parties agree that the Seller has the right to withdraw from the Contract.
A sample form for withdrawal from the Contract is attached to the Terms and Conditions.
These Terms shall take effect on 01.03.2024.

ANNEX 1 - WITHDRAWAL FORM

Addressee:

E-mail: babyonsetoffice@gmail.com

I hereby declare that I withdraw from the Contract:

Date of conclusion of the Contract:

Name and surname:

Buyer's address:

Buyer's email address:

Specification of the Goods to which the Contract relates:

The method for reimbursement of the funds received, including, where applicable, the bank account number:

If the buyer is a consumer he/she has a right - in case that he/she has ordered goods through the e-shop of Lucy Creative s.r.o., ID No.: 118 79 807, with registered office at Příčná 1892/4, Nové Město, 110 00 Prague, registered in the Commercial Register kept at the Municipal Court in Prague, file No. C 355673 ("Company") or other means of distance communication, except for the cases referred to in § 1837 of Act No. 89/2012 Coll, Civil Code, as amended - to withdraw from the already concluded purchase contract within 14 days from the date of conclusion of the contract, or if it is a purchase of goods, then within 14 days from its receipt. In the case of a contract involving several items of goods or the delivery of several parts of goods, this period shall not begin until the date of delivery of the last item or part of the goods, and in the case of a contract under which goods are to be delivered regularly and repeatedly, from the date of delivery of the first delivery.

The Buyer shall notify the Company of such withdrawal in writing to the Company's business address or electronically to the e-mail address provided on the sample form. If the buyer who is a consumer withdraws from the purchase contract, he shall send or hand over to the Company the goods he has received from the Company without undue delay, but not later than 14 days after the withdrawal from the purchase contract.

If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall return to him without undue delay, no later than within 14 days of withdrawal from the purchase contract, all funds (purchase price of the delivered goods), including the cost of delivery, which he has received from him on the basis of the purchase contract, in the same manner. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Company, the Company shall refund the Buyer the cost of delivery only in the amount corresponding to the cheapest method of delivery offered. The Company shall not be obliged to return the money received to the Buyer until the Buyer has received the goods back or the Buyer has proved that he has sent the goods to the Company.

Date:

Signature:

GENERAL TERMS AND CONDITIONS

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