Terms and Conditions
1. Introductory provisions
These general terms and conditions (hereinafter referred to as the "Business Terms and Conditions") regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code (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 the purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the seller - David Buchal, IČO: 65330056 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 a website located at the internet address www.kidmess.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store's web interface").
Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
The provisions of the terms and conditions are an integral part of the purchase contract. These terms and conditions and the purchase contract are drawn up in the Czech language.
2. Order and conclusion of the purchase contract
Information about goods and prices provided by the seller are binding except in the event of obvious error. Prices are presented including all taxes (e.g. VAT) and fees, except for the costs of delivering the goods. The prices of the goods remain valid for the period they are displayed in the web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
To order goods, the buyer fills out an order form in the store's web interface.
The order form contains information about:
ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart of the store's web interface)
the method of payment for the purchase price of the goods, information about the requested method of delivery of the ordered goods and information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "confirm order" button. The data specified in the order is considered correct by the seller.
Sending an order is considered an act of the buyer that undoubtedly identifies the ordered goods, the purchase price, the buyer's identity, the method of payment of the purchase price, and is a binding draft of a purchase contract for the contracting parties. The condition for the validity of the order is the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer's confirmation that he has become familiar with these terms and conditions.
The seller will immediately confirm receipt of the order to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address").
The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
The draft purchase contract in the form of an order is valid for 15 days.
The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance, which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.
If the seller cannot meet any of the requirements specified in the order, he will send the buyer an amended offer to the buyer's email address, indicating possible order variants, and request the buyer's opinion.
The amended offer is considered a new draft purchase contract and the purchase contract is concluded only upon confirmation by the buyer via e-mail.
If the customer requests any change to the product from the standard, the order is considered custom-made and therefore binding and its cancellation is only possible with a cancellation fee of 50% of the total product price.
3. Delivery of goods
The seller delivers the goods to the buyer in full, no later than 1 month from the order confirmation, unless a different delivery period is specified for the individual goods. The buyer is obliged to take delivery of the goods and pay for them. The buyer is advised to check the goods as soon as possible upon receipt.
The seller will send the documents for the goods to the buyer immediately after receipt of the goods, or as soon as possible after receipt of the goods by the consumer.
If requested by the buyer, the seller will confirm in writing the extent and duration of his obligations arising from defective performance and how the buyer can exercise his rights arising from them.
The goods are delivered via the DPD courier service or by the mail order service to the delivery point, or the goods can be picked up in person by arrangement at Kaštanová 1191, Třebíč.
If the buyer does not take delivery of the goods within the agreed time, he is obliged to pay the seller a fee for failure to take delivery of the goods, up to a maximum of CZK 400.
4. Order cancellation and withdrawal from the contract
The buyer may withdraw from the contract within 14 days from the date of receipt of the goods or the last part of the delivery, regardless of the method of receipt of the goods or payment. The specified period is intended to allow the buyer to become reasonably familiar with the nature, properties and functionality of the goods. The exception is goods manufactured according to the consumer's requirements or adapted to his needs.
The buyer is entitled to withdraw from the contract within 14 days of placing the order.
The buyer shall send the withdrawal from the contract to the seller electronically to the address specified in the contacts within 14 days. To facilitate communication, it is advisable to state the date of purchase or the number of the contract/sales document, bank details and the chosen method of returning the goods in the withdrawal.
The seller is obliged to refund the buyer the amount fully corresponding to the price of the goods excluding shipping, even if the shipping is paid by the seller, within 14 days of withdrawal from the contract and in the same way as the payment was received from the buyer, at the latest within the same period the buyer is obliged to send or hand over the purchased goods to the seller. The goods should be returned to the seller (not cash on delivery) complete, preferably in the original packaging, and must not show signs of wear or damage. The costs of returning the goods are borne by the buyer.
If the returned goods are damaged due to the buyer's breach of obligations, the seller is entitled to claim compensation for the decrease in the value of the goods against the buyer and offset it against the refunded amount. Furthermore, if the buyer returns the goods in a different condition than they were delivered to him, the seller may claim compensation for the decrease in the value of the goods against the buyer and offset it against the refunded amount, i.e. the costs associated with returning the goods to their original condition.
Please note that the appearance of colors may differ from reality depending on the type of screen (display) of the device you use to view the products on the e-shop. Therefore, returns due to color differences will not be considered.
5. Rights and obligations arising from defective performance
If the goods received have defects (e.g. they do not have the agreed or legitimately expected properties, they are not suitable for the usual or agreed purpose, they are not complete, their quantity does not correspond, their level or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects in the goods for which the seller is liable.
The buyer may, at his request, claim from the seller a free removal of the defect or a reasonable discount on the price within two years of taking over the goods; if this is not disproportionate to the nature of the defect (especially if the defect cannot be removed without undue delay), a request for the delivery of a new item without defects may be made.
If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price upon withdrawal from the contract.
The seller is not obliged to satisfy the buyer's claim if he proves that the buyer knew about the defect of the goods before taking over or caused it himself.
The seller is responsible for defects arising after receipt of the goods within the 24-month warranty period.
Within this period, the buyer may file a complaint and, at his/her option, request the following for a defect that constitutes a material breach of contract (regardless of whether the defect is removable or non-removable):
removal of the defect by delivery of a new item without defects
free removal of the defect by repair
a reasonable discount on the purchase price
refund of the purchase price based on withdrawal from the contract
A material breach of contract is one that the party breaching the contract knew or should have known at the time of concluding the contract, and that the other party would not have concluded the contract if it had foreseen the breach.
In the event of a defect that constitutes a non-material breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.
If a removable defect occurs repeatedly after repair (third complaint for the same defect or fourth for different defects) or the goods have a larger number of defects (at least three defects simultaneously), the buyer may exercise the right to a discount on the purchase price, exchange the goods or withdraw from the contract.
The seller is not responsible for defects resulting from normal wear and tear or failure to follow the instructions for use.
6. Complaint handling
The buyer is obliged to file a complaint with the seller without undue delay after discovering the defect. The buyer files a complaint about the goods electronically and should provide their contact details, a description of the defect and a request for the method of handling the complaint.
The buyer is obliged to inform the seller of the right he has chosen when notifying the defect, or without undue delay after notifying the defect. A change of choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves to be irreparable.
If the buyer does not exercise his right to a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The period for settling the complaint runs from the handover/delivery of the goods to the seller. The goods should be packed in suitable packaging during transport to prevent damage, and should be clean and complete.
The seller is obliged to decide on the complaint without delay, no later than within three working days, or on the fact that an expert assessment is necessary for the decision. The information on the necessity of an expert assessment will be communicated to the buyer within this period. The seller will handle the complaint, including the removal of the defect, without undue delay, no later than within 14 days of its application, unless the seller and the buyer agree in writing on a longer period. After this period has expired, the buyer has the same rights as if it were a material breach of contract.
If the seller refuses to remove the defect in the item, the buyer may request a reasonable discount on the price or withdraw from the contract.
The warranty period is extended by the period from the filing of the complaint until its settlement or until the time when the buyer was obliged to collect the item. If the goods are exchanged, the seller's liability applies as if it were a purchase of new goods.
The seller undertakes to inform the buyer about the settlement of the complaint, at his request, by e-mail or via SMS.
In the event of a justified complaint, the buyer is entitled to compensation for reasonably incurred costs.
7. Dispute Resolution
Mutual disputes between the seller and the buyer are resolved by general courts.
The Seller undertakes to seek preferential out-of-court settlement of disputes with the Buyer, unless the Buyer rejects it.
8. Final provisions
These terms and conditions apply in the version stated on the seller's website on the day of order confirmation, unless otherwise agreed in writing between the parties. If an order is sent after the date on which the terms and conditions were changed, the terms and conditions apply in their current version.
The Seller is entitled to change these terms and conditions at its discretion, provided that the change will always be published on the website, or the website will always be listed in its current version.
In Třebíč on 19. 5. 2025