companies

ROS'S BAZAAR sro

registered office Olomoucká 715, Tovačov I-Město, 751 01 Tovačov

ID: 08658277

registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File 80292

for the sale of goods via the online store at www.babyross.cz

AND.

BASIC PROVISIONS

1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the company ROS'S BAZAAR sro, I IČO: 08658277, with its registered office at Olomoucká 715, Tovačov I-Město, 751 01 Tovačov, entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File 80292 (hereinafter referred to as the "Seller") regulate, in accordance with Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the seller on the one hand and a natural person (hereinafter referred to as the "Buyer") on the other hand through the online store - e-shop - of the seller. The seller operates the online store on the website https://www.babyross.cz (hereinafter referred to as the "website") via a web interface (hereinafter referred to as the "store's web interface").

2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person acting when ordering goods within the scope of their business activity or within the scope of their independent profession. If the contracting party is not a consumer, relations not regulated by the Terms and Conditions are governed by the Civil Code. According to Section 419 of the Civil Code, a consumer is any person who, outside the scope of their business activity or outside the scope of their independent profession, concludes a contract with an entrepreneur or otherwise deals with him.

3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. However, the buyer may not be deprived of the rights intended for consumer protection arising from the Civil Code, Act No. 634/1992 Coll., on consumer protection and other relevant regulations. Provisions deviating from the purchase contract shall take precedence over the provisions of these terms and conditions.

4. 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 Czech language. The purchase contract can only be concluded in the Czech language.

5. The Seller reserves the right to change or supplement the text of the Terms and Conditions. However, such a change shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

II.

CUSTOMER ACCOUNT

1. The Buyer has the opportunity to access his customer interface (hereinafter referred to as the "customer account") based on the registration made on the website. The Buyer can place orders for goods from this customer account. The Buyer can also order goods without the need for registration directly from the store's web interface.

2. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. In the event of any change, the buyer is obliged to update the data in the customer account. The seller considers all data provided by the buyer in the user account and when ordering goods to be correct and truthful.

3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the access data to his customer account.

4. The Buyer is not authorized to provide access to his customer account to third parties.

5. The Seller is entitled to cancel the customer account, in particular if the Buyer does not use his customer account for more than 3 years or if the Buyer violates his obligations arising from the purchase contract or these terms and conditions. The Buyer is entitled to cancel his customer account at any time, without giving a reason.

6. The Buyer acknowledges that the customer account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or third parties.

III.

CONCLUSION OF THE PURCHASE CONTRACT

1. The web interface of the store contains information about the goods offered, including the prices of individual goods and the costs associated with any return of goods, if the goods cannot be returned by regular mail due to their nature. The prices of the goods are listed including all related fees and are valid for the period of their display on the web interface of the store. This does not exclude the possibility of the seller concluding a purchase contract with the buyer under individually agreed conditions.

2. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. This information applies only to deliveries within the Czech Republic. If the seller offers free shipping, this may be conditional on reaching a minimum total order value.

3. To order goods, the buyer fills out an order form in the store's web interface, which contains in particular information about:

a) the buyer (i.e. name and surname, e-mail address, telephone number, delivery address, or billing address);

b) ordered goods (the buyer "puts" the goods into the electronic shopping cart);

c) the method of payment of the purchase price and the requested method of delivery of the goods;

d) costs associated with the delivery of goods;

(collectively referred to as the “Order”).

4. Before sending the order, the buyer has the opportunity to check and edit all entered data, including with regard to the possibility of correcting errors made when entering data. The buyer sends the order by clicking on the "Order binding for payment" button. The data specified in the order are considered correct and true by the seller. The seller will immediately confirm the receipt of the order to the buyer by e-mail to the buyer's e-mail address specified in the customer account or in the order (hereinafter referred to as the "buyer's e-mail address").

5. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller reserves the right to ask the Buyer for additional confirmation of the order (via e-mail or telephone).

6. The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance (acceptance), which the seller sends to the buyer by e-mail to the buyer's e-mail address.

7. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The Buyer acknowledges that the costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (costs of Internet connection, telephone calls) are borne by the Buyer himself.

IV.

PRICE AND PAYMENT TERMS

1. The buyer may pay the purchase price of the goods and any costs associated with their delivery to the seller in the following ways:

a) in cash or by credit card at the seller's premises at Horní náměstí 407/27, 779 00 Olomouc;

b) cashless via a payment system (online payment card or digital wallet) or by bank transfer;

c) payment on delivery – in cash or by credit card upon receipt from the carrier;

d) in cash or by payment card upon personal collection at the selected point of delivery.

2. In addition to the purchase price, the buyer is obliged to pay the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the term purchase price also includes these costs associated with packaging and delivery of the goods.

3. The Seller does not require a deposit or other similar payment from the Buyer.

4. When paying in cash or by credit card at the seller's premises, on delivery or at a point of sale, the purchase price is payable upon receipt of the goods. When paying cashlessly via a payment system (i.e. in the case of online payment by credit card or digital wallet), the purchase price is payable at the time of conclusion of the purchase contract.

5. In the case of cashless payment, the buyer is obliged to indicate the variable payment symbol. In the case of cashless 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. In the case of cashless payment, the order is dispatched by the seller only after the purchase price is credited to the seller's account.

6. Any discounts provided by the seller cannot be combined with each other.

7. The Seller shall issue an accounting document after payment of the price of the goods and send it electronically to the Buyer's email address. The Seller declares that it is not a VAT payer.

IN.

TRANSPORTATION AND DELIVERY OF GOODS

1. The goods are delivered according to the method chosen by the buyer as part of the goods order. 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 of transport.

2. If the seller is obliged to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.

3. If, 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 repeated delivery or an alternative method of delivery.

4. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods. In case of any defects, the buyer is obliged to immediately notify the carrier. If damage to the packaging of the goods is found, which could indicate unauthorized interference with the shipment, the buyer is not obliged to accept the shipment from the carrier. This does not affect the buyer's rights from liability for defects in the goods and other rights of the buyer arising from legal regulations.

VI.

WITHDRAWAL FROM THE PURCHASE CONTRACT

1. The Buyer acknowledges that, according to Section 1837 of the Civil Code, the purchase contract cannot be withdrawn in the following cases:

a) the supply of goods that have been manufactured according to the buyer's requirements or adapted to his personal needs;

b) the supply of perishable goods, goods with a short shelf life or goods that have been irreversibly mixed with other goods after delivery;

c) delivery of goods in sealed packaging that is not suitable for return for health protection or hygiene reasons after it has been opened by the buyer;

d) delivery of audio or video recordings or computer programs in sealed packaging, if the buyer has broken this seal.

2. Unless the cases specified above in Article VI. paragraph 1 of the Terms and Conditions apply, the Buyer has the right to withdraw from the purchase contract within a period of fourteen (14) days in accordance with Section 1829 paragraphs 1 and 2 of the Civil Code. The said period ends fourteen (14) days after the date on which the Buyer or a third party designated by him other than the carrier takes over the goods, or:

a) the last piece of goods, if the buyer ordered multiple pieces within one order and these are delivered separately;

b) the last item or part of the goods, if the delivery consists of several items or parts;

c) the first delivery of goods, if the subject of the contract is the regular delivery of goods for a specified period.

3. The notice of withdrawal from the purchase contract must be sent to the seller or must be made within the period specified in Article VI. paragraph 2 of the Terms and Conditions. In accordance with Section 1830 paragraph 1 of the Civil Code, the buyer may withdraw from the purchase contract by any unambiguous statement made to the seller (e.g. by telephone or in person). To exercise the right to withdraw from the purchase contract, the buyer may also use the sample form provided by the seller, which forms an integral annex to these Terms and Conditions. The buyer may send the notice of withdrawal from the purchase contract to the address of the seller's business or registered office, or to the e-mail address eshop@babyross.cz.

4. By withdrawing from the purchase contract, the contract is cancelled from the beginning. In such a case, the buyer shall send or hand over the goods back to the seller no later than fourteen (14) days from the notification of withdrawal. The deadline is observed if the buyer sends the goods before its expiry. If the buyer withdraws from the purchase contract, he bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail.

5. In the event of withdrawal from the purchase contract, the Seller is obliged to return to the Buyer the funds received for the goods within fourteen (14) days of withdrawal from the purchase contract, in the same way as it was received from the Buyer. The Seller may return to the Buyer the funds in another way, if the Buyer agrees and does not incur additional costs. The Seller is not obliged to return to the Buyer the funds before receiving the returned goods from him or before the Buyer proves that he has sent the goods back, whichever comes first.

6. In the event of damage to the goods by the buyer, the seller may unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price. The seller is obliged to immediately notify the buyer of the exercise of this claim by e-mail to the buyer's e-mail address.

7. If the buyer is provided with a gift along with the goods, the gift contract is concluded with a termination condition that if the buyer withdraws from the purchase contract, the gift contract ceases to be effective and the buyer is obliged to return the gift provided along with the goods.

VII.

RIGHTS FROM DEFECTIVE PERFORMANCE

1. The rights and obligations of the contracting parties regarding defective performance are governed by the relevant legal regulations, in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

2. The Seller is liable to the Buyer for the goods being free from defects upon acceptance. The Seller is particularly liable for the following at the time of acceptance of the goods:

a) corresponds to the agreed description, type, quantity, quality, functionality, compatibility, interoperability and other agreed characteristics;

b) it is suitable for the purpose for which the buyer requires it and to which the seller has agreed;

c) is delivered with agreed accessories and instructions for use, including assembly or installation instructions.

3. The Seller further obliges the Buyer that, in addition to the agreed properties:

(a) the goods are suitable for the purpose for which a thing of this type is normally used, including taking into account the rights of third parties, legal provisions, technical standards or codes of conduct of the sector in question, in the absence of technical standards;

b) the goods, in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of things of the same type 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, unless the seller proves that he was not aware of such a statement, it was modified in a comparable manner at the time of conclusion of the contract, or could not have influenced the buyer's decision to purchase;

c) the goods are delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect;

d) the goods correspond in quality or design to the sample or template that the seller provided to the buyer before concluding the purchase contract.

4. The provisions of Article VII. Paragraph 3 of the Terms and Conditions shall not apply if the Seller has expressly notified the Buyer prior to the conclusion of the contract that some property of the goods differs, and the Buyer has expressly agreed to this when concluding the contract.

5. The seller is also liable to the buyer for a defect caused by incorrect assembly or installation carried out by the seller or under his responsibility under the contract. This also applies if the assembly or installation was carried out by the buyer and the defect occurred as a result of a deficiency in the instructions provided by the seller or the provider of digital content or digital content services, if the item has digital properties.

6. If a defect becomes apparent within one year of receipt, the goods are deemed to have been defective upon receipt, unless the nature of the item or defect precludes this. This period does not run for the period during which the buyer cannot use the goods if he has rightfully pointed out the defect.

7. The buyer may report a defect that appears on the goods within two years of receipt. After a legitimate report of a defect, the period for reporting a defect does not run for the period during which the buyer cannot use the goods.

8. The buyer is obliged to report the defect without undue delay as soon as he discovers it. In such a case, the buyer shall hand over the defective goods or the goods affected by the defect to the seller or store them according to his instructions or otherwise handle them appropriately so that the defect can be examined. If the goods are perishable, the buyer may sell them without delay after notifying the seller. The court shall grant the right from the defect even if it was not reported without undue delay after the buyer could have discovered it with sufficient care.

9. In the event of a defect, the buyer may demand its removal. At his own discretion, he may demand the delivery of new goods without defects or the repair of defective goods, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other. When assessing the adequacy, the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in another way without significant difficulties for the buyer shall be taken into account. The seller may refuse to remove the defect if this is impossible or disproportionately expensive, in particular with regard to the significance of the defect and the value that the item would have without the defect.

10. The seller shall remove the defect within a reasonable time after it is noticed in a way that does not cause significant inconvenience to the buyer. In doing so, the seller shall take into account the nature of the item and the purpose for which the buyer purchased the goods. In order to remove the defect, the seller shall take over the goods at his own expense.

11. The buyer may request a reasonable discount on the purchase price or withdraw from the contract if:

a) the seller refused to remove the defect or did not remove it in accordance with Article VII. paragraph 9 of the Terms and Conditions;

b) the defect appears repeatedly;

c) the defect constitutes a material breach of the purchase contract;

d) it is obvious from the seller's statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.

12. A reasonable discount is determined as the difference between the value of the item without a defect and the defective item that the buyer received.

13. The buyer may not withdraw from the purchase contract if the defect in the goods is insignificant; it is assumed that the defect is not insignificant. If the buyer withdraws from the purchase contract, the seller shall refund the purchase price without undue delay after receiving the goods or the buyer proves that he has sent the goods.

14. The buyer does not have the right to claim defective performance if he caused the defect himself. A defect in a thing is not wear and tear caused by its usual use or, in the case of a used thing, wear and tear corresponding to the extent of its previous use. When purchasing a used thing, the period pursuant to Article VII. paragraph 7 of the Terms and Conditions may be shortened by agreement of the contracting parties, up to one year.

15. The defect can be reported to the seller from whom the goods were purchased. However, if another person is designated to carry out the repair, who is at the seller's location or at a location closer to the buyer, the buyer shall report the defect to the person designated to carry out the repair. The buyer may exercise the rights arising from liability for defects in the goods specifically (but not exclusively) in person at the address Horní náměstí 407/27, 779 00 Olomouc, during the opening hours of the establishment (i.e. on Mondays and Wednesdays from 9:30 to 17:00, on Thursdays from 8:00 to 12:00), through the postal service delivery person, by phone at +420 777 477 827 or by e-mail at eshop@babyross.cz.

16. Except in cases where another person is designated to carry out the repair, the seller is obliged to accept the complaint at any of its premises, where this is possible with regard to the range offered, or at its registered office. An employee authorized to handle complaints is present at the seller's premises during all operating hours.

17. When making a complaint, the seller will issue a written confirmation to the buyer, stating the date on which the buyer made the complaint, its content, the method of handling the complaint requested by the buyer and the buyer's contact details for the purpose of providing information on the handling of the complaint. This obligation also applies to other persons authorized to carry out the repair.

18. The complaint, including the removal of the defect, must be resolved and the buyer must be informed of this no later than thirty (30) days from the date of the complaint, unless the seller and the buyer agree on a longer period.

19. After the expiry of the period pursuant to Article VII. Paragraph 18 of the Terms and Conditions, the Buyer may withdraw from the purchase contract or request an appropriate discount.

20. The Seller shall issue to the Buyer a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.

21. If the buyer does not take over the item within a reasonable time after the seller has notified him of the possibility of taking over the item after repair, even within thirty (30) days of notification, the seller is entitled to a storage fee in the usual amount.

22. The buyer who has a right from defective performance is also entitled to compensation for the costs reasonably incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period for pointing out the defect, the court will not grant him this right if the seller objects that the right was not exercised in time.

23. The seller or another person may provide the buyer with a quality guarantee in addition to his legal rights from defective performance.

24. Other rights and obligations of the parties related to the seller's liability for defects, as well as further details of the complaint, are regulated in the complaint procedure available on the seller's website.

VIII.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

1. The buyer acquires ownership of the goods by paying the full purchase price.

2. The Buyer acknowledges that the software and other components of the web interface of the store (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that would allow him or third parties to interfere with or use the software or other components of the web interface of the store without authorization.

3. When using the web interface of the store, the buyer is not entitled to use mechanisms, software or other procedures that could negatively affect its operation. The web interface may only be used to the extent that it does not restrict the rights of other customers and corresponds to its purpose.

4. The Seller is not responsible for errors arising as a result of third party interference with the website or as a result of its use contrary to its intended purpose.

5. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820, paragraph 1, letter n) of the Civil Code.

6. Consumer complaints are handled by the seller via e-mail. Complaints can be sent to the seller's e-mail address eshop@babyross.cz. The buyer will be informed about the handling of the complaint by e-mail. No other rules for handling complaints are set.

7. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract. For online dispute resolution, the platform at http://ec.europa.eu/consumers/odr can be used.

8. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumers.

9. The buyer may file a complaint with a supervisory or state supervisory authority. The seller is authorized to sell goods on the basis of a trade license. Trade license control is carried out by the relevant trade license office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with the Civil Code and the Consumer Protection Act to a limited extent.

10. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

IX.

PROTECTION OF PERSONAL DATA

The information obligation towards the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation") related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, negotiating this contract and fulfilling public law obligations is fulfilled by the seller through a special document available on the seller's website.

X.

SENDING COMMERCIAL COMMUNICATIONS AND USING COOKIES

1. The Buyer agrees, pursuant to the provisions of Section 7(2) of Act No. 480/2004 Coll., on certain information society services, as amended, to the sending of commercial communications by the Seller to the Buyer's e-mail address or telephone number. The Seller fulfills the information obligation towards the Buyer pursuant to Article 13 of the GDPR related to the processing of personal data for the purposes of sending commercial communications by means of a separate document available on the Seller's website.

2. The Buyer agrees to the storage of cookies (i.e. short text files enabling the recording of information about the visit to the website) on his computer. In the event that the purchase on the website can be made and the Seller's obligations under the purchase contract fulfilled without the storage of cookies on the Buyer's computer, the Buyer may revoke the consent in accordance with the previous sentence at any time.

XI.

DELIVERY

1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, in person or by registered mail via a postal service provider (at the sender's choice). It is delivered to the Buyer at the e-mail address specified in his customer account or specified when ordering the goods.

2. A message is also considered delivered if the addressee refused to accept it, did not collect it within the storage period, or was returned as undeliverable.

3. The contracting parties may send regular correspondence to each other via electronic mail to the addresses specified in the buyer's customer account, in the order or on the seller's website.

XII.

FINAL PROVISIONS

1. If the relationship established by the purchase contract contains an international (foreign) element, the parties have agreed that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations, which would otherwise apply in the absence of this choice of law pursuant to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

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 comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.

4. The appendix to the terms and conditions includes a sample form for withdrawal from the purchase contract.

5. Seller's contact details:

a) address of the registered office of ROS'S BAZAAR sro – Olomoucká 715, Tovačov I-Město, 751 01 Tovačov;

b) address of the establishment – Horní náměstí 407/27, 779 00 Olomouc;

c) e-mail: eshop@babyross.cz;

d) telephone: +420 777 477 827;

e) Databox ID: yvvgrp5.

6. These terms and conditions come into force on the date of their issue.

In Olomouc on March 13, 2025

ANNEX – MODEL FORM FOR WITHDRAWAL FROM THE PURCHASE CONTRACT

(fill out this form and send it back only if you want to withdraw from the contract)

Notice of withdrawal from the purchase contract

Addressee:

ROS'S BAZAAR sro

Upper Square 407/27

779 00 Olomouc

e-mail: eshop@babyross.cz

I hereby declare that I withdraw from the purchase contract for the purchase of these goods:

.....................................

Order date/received date:

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Buyer's name and surname:

.....................................

Buyer's address:

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Buyer's email:

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Bank account number for refund:

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Buyer's signature (only if this form is sent in paper form):

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Date:

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Download the PDF form here