General Terms and Conditions

All orders for goods accepted by SPORTBABY.EU are accepted subject to the following conditions, which shall form part and govern the contract of sale. Acceptance of goods by the customer shall be deemed to be acceptance of these conditions of sale unless the customer notifies the vendor in writing within 14 days of receipt of this letter or delivery of goods. Any term sought to be imposed by a customer either in a document or otherwise that conflicts with or adds to these conditions is not accepted.

We store the content of this contract and will send you the details of your order via email. You can find the terms here at all times. The details about your recent orders can be found in your customer login.

1. GENERAL

Sportbaby.eu represented by LOGICOM Ltd. , VAT: CZ24287482, Nad Vinným potokem 1149/2, 101 00 Prague, Czech republic shall implement your order on the basis of the following terms and conditions.

1.1. Your use of this site constitutes acceptance of these Terms and Conditions as at the date of your first use of the site.

1.2. Sportbaby.eu reserves the right to change these Terms and Conditions from time to time by posting changes online. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified.

1.3. You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the site by any third party.

2. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

2.1. In particular, the seller is obliged to:

• deliver the ordered products to the buyer in the agreed quantity and quality and pack it or prepare it for transport in the way necessary for its safekeeping and protection, and
• hand over to the buyer all documents necessary for taking over and using the goods as well as other documents required by valid legal regulations, in written or electronic form, at latest along with the products.

2.2. The seller is entitled to full payment of the purchase price by the buyer for the goods delivered.

2.3. The seller is entitled to cancel the order if, due to stock shortage or the unavailability of the goods, he is unable to deliver the goods to the buyer within the period of time specified in these GTCs or for the price indicated in the e-shop, unless the customer consents to a replacement performance.

2.4. In particular, the buyer is obliged to:

• take over the goods,
• pay the agreed purchase price to the seller in a proper and timely manner.

2.5. The buyer is entitled to be delivered the goods in the agreed quantity, quality, time and place.

 
3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. The purchase agreement is concluded by the seller´s binding acceptance of the buyer's proposal to conclude the purchase agreement, which is made by filling in the order form by the buyer (the form filled in and submitted by the buyer, hereinafter referred to as the "order").

3.2. The seller shall make the binding acceptance of the proposal to conclude the contract without undue delay, usually within two working days of placing the order, following the verification of the availability of the products, the validity of the prices and the delivery date of the goods required by the buyer. The binding acceptance shall be made by means of an e-mail titled "Confirmed" or marked in a similar, semantically identical way. In case a higher price is found, the seller shall ask the buyer to agree to the price change prior to confirming the order. The purchase agreement is concluded only when the buyer gives his consent to the price change and when the seller subsequently confirms the order.

3.3. The automated message confirming the registration of the order by the seller, which is sent to the buyer´s e-mail address immediately after placing the order, is for informational purposes only. It is sent to the buyer in order to notify the buyer that the order has been registered and shall not be regarded as the seller´s binding acceptance of the proposal to close the contract.

4. PURCHASE PRICE PROVISIONS

4.1. The buyer shall pay the seller the purchase price for the goods specified in the purchase agreement, including the cost of delivery of the goods and the charges for additional services (hereinafter referred to as the "purchase price") using one of the following ways:

• Bank transfer
• Online Card Payment

4.2. The detailed and up-to-date information on payment methods is to be found in the Terms of payment section of the seller's e-shop. Some payment methods may not be available for all orders, due to e.g. their value or the selected shipping method. The buyer will be informed of any limitations in the course of placing the order.

4.3. Any shipping and packing costs shall be charged prior to submitting the order. Any charges for additional services are updated in the order based on the buyer´s choice of the additional services instantaneously, never after submitting the order. In the event that the goods are to be transported to the buyer outside the European Union, a customs debt may be incurred. The buyer is liable for the payment of the customs debt and the buyer may be obliged to make additional payments related to customs operations in the amount and manner specified by generally binding legislation of the country to which the goods are delivered. Unless stated or agreed by the parties otherwise, the seller is not obliged to bear these obligations on behalf of the buyer.

4.4. If the buyer pays the seller the purchase price by bank transfer, the day on which the entire purchase price was credited to the seller's account is considered to be the day of payment.

4.5. The buyer is obligated to pay the seller the purchase price by the date agreed in the purchase agreement.

5. DELIVERY OF GOODS AND PAYMENT TERMS

5.1. The seller shall deliver the goods to the buyer without undue delay, no later than 30 days from the date of conclusion of the contract, unless the parties have agreed otherwise. If the seller has not fulfilled his obligation to deliver the goods within the agreed deadline, the buyer shall request to be delivered the goods within an additional reasonable deadline which shall be determined by the buyer as part of the request. If the buyer does not request this from the seller within two months of the date on which the goods were to be delivered, handover shall be deemed to have taken place, unless the contrary is proved. In the event the seller does not deliver the item meeting this additional deadline, the buyer is entitled to withdraw from the contract.

5.2. In the event that the buyer does not take over the goods without prior written withdrawal from the contract, the seller has the right to reimbursement of actual costs incurred in an attempt to deliver the order.

5.3. The buyer is obliged to take over the goods in person or secure that a third party takes it over on his/her behalf. If it is necessary to repeat the delivery for reasons on the part of the buyer (for example due to the buyer or a third party appointed by him being not reachable at the agreed place), all additional costs incurred in this way shall be borne by the buyer, including any warehousing.

5.4. The buyer is entitled to inspect the consignment upon its delivery. In the event any transportation damage is detected by the buyer, the buyer is entitled to refuse to take over the goods. The forwarder is obliged to issue a damage report on the damage to the goods in the presence and at the request of the buyer. On the basis of such a record delivered to the seller, the seller may, following the settlement of the damage event with the parcel delivery service, provide the repair of the defective product, a reduction in the purchase price, or deliver new goods to the buyer in case of irreparable defects. Claims of this type filed at a later date will need to be proven.

5.5. The shipping options and the detailed and up-to-date information on shipping conditions are listed in the Terms of delivery section of the e-shop. For some orders, some methods of transportation may be unavailable. The buyer will be informed of any limitations while placing the order.

5.6. The buyer, as the recipient of the goods, agrees that the invoice will be issued and delivered to him in electronic format. Once the purchase agreement has been concluded, the seller is not obliged to comply with the buyer's request to correct or amend the data in the invoice, in particular to change the buyer's person and to change the delivery address to another country.

5.7. The purchase agreement is concluded with a termination condition, providing that if the buyer does not take over the goods within 5 days of the seller's additional request and does not arrange with the seller an alternative date of taking over the goods, the contract shall be cancelled, the parties shall return or reimburse everything they have received, in particular the purchase price and the goods to which the seller acquires the right to dispose freely. This does not affect the seller´s right to compensation according to para. 5.2.

6. RETENTION OF TITLE

6.1. The goods remain the property of the seller until full payment of the purchase price by the buyer. The handover takes place either by the buyer collecting the goods in person or using parcel delivery services.

6.2. The risk of damage to the goods shall pass to the buyer upon handover of the goods by the seller or a parcel delivery service. Handover shall be deemed to have taken place even if the seller declares the goods available to be collected and the buyer fails to take them over.

7. STATUTORY RIGHT OF WITHDRAWAL

7.1. The seller is entitled to withdraw from the contract due to stock shortage, unavailability of the goods, or if the manufacturer, the importer or the supplier of goods agreed in the contract has discontinued production or made such major changes that have made it impossible to fulfill the seller's obligations under the contract or for reasons of force majeure, or if, even with all reasonable efforts, he is unable to deliver the goods to the customer within the time specified in these GTCs or for the agreed price. The seller is obliged to inform the buyer of this fact without undue delay and return all payments to the buyer in accordance with these GTCs. This does not affect the right of the contracting parties to agree on a replacement performance or an amended price.

7.2. The seller is entitled to withdraw from the contract also if the purchase price stated for the goods at the time of concluding the purchase agreement was clearly incorrect (e.g. incorrectly placed decimal point, a missing digit, the purchase price clearly not in line with the normal market price).

7.3. The buyer is entitled to withdraw from the contract the subject of which is the sale of goods without giving any reason for doing so within 14 days of the date on which the goods were received. Handover shall be deemed to have taken place at the moment when the buyer or a third party appointed by him / her, excluding the forwarder, takes over all parts of the ordered goods, or if

• the goods ordered by the consumer in an order are delivered separately, at the moment of receipt of the last delivered goods,
• the delivered goods consist of several parts or pieces, at the moment of taking over the last part or the last piece,
• the goods are delivered repeatedly during a defined period, at the moment of taking over the first delivered item.

7.4. The buyer is entitled to withdraw from the contract, the subject of which is the delivery of goods, even before the beginning of the withdrawal period. The withdrawal deadline shall be deemed to be met if the notice of withdrawal has been submitted to the seller no later than on the last day of the withdrawal period. The burden of proof of exercising the right of withdrawal shall be borne by the buyer.

7.5. The seller is obliged without undue delay, no later than 14 days from the date of receiving the notice of the buyer´s withdrawal from the contract, to reimburse all payments received from the buyer under or related to the contract, including the cost of shipping, delivery and postage and other costs and fees; the seller´s right according to par. 7.7 is not affected. The seller is not obliged to reimburse the consumer for any additional costs incurred if the consumer has explicitly selected a delivery method other than the cheapest standard delivery method offered by the seller. Additional costs are the difference between the delivery costs selected by the consumer and the costs of the cheapest standard delivery method offered by the seller.

7.5.1. In the event that the buyer has paid the purchase price using the cash on delivery payment method, i.e. by payment to the carrier when being delivered the goods, the seller will not refund the buyer the fee that the buyer has paid for using this payment method. Cash on delivery is a service that is deemed to be fully provided by the seller, asking the carrier to deliver the goods to the buyer and to collect the payment upon delivery.

7.6. The seller shall use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless the parties agree otherwise (e.g. by transfer to a bank account designated by the buyer) and no additional fees shall be charged to the buyer.

7.7. Upon withdrawal from the contract, the subject of which is the sale of goods, the seller shall not be obliged to reimburse the buyer before receiving the goods or until the buyer has provided proof that he / she has returned the goods, unless the seller proposes to collect the goods in person or through a person appointed by him.

7.8. In the event that the buyer withdraws from the contract and the goods he delivers to the seller have been used or damaged, or the loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods, the seller is entitled to compensation from the buyer for the cost of repairing the goods and restoring the goods to their original condition.

7.9. If the buyer has not returned the goods to the seller together with the withdrawal from the contract and if the parties do not agree on a different way of returning the goods, the buyer is obliged to send the goods along with the accessories, including documentation, back to the seller no later than 14 days from the date of withdrawal from the contract to the following address:
LOGICOM s.r.o.
Nad Vinným potokem 1149/2
101 00 Prague
Czech republic

7.10. If the customer received a gift from the seller for the order, the buyer is obliged to return this gift, as well. If the buyer does not fulfill this obligation, the seller is entitled to request from the buyer the price for the gift displayed in the e-shop at the time of concluding the contract and, if there is no such price, the usual price.

7.11. The buyer bears the cost of returning the goods to the seller or the person authorized by the seller to take over the goods. The cost of returning the goods usually depends on the properties of the goods (dimensions, weight), the distance and the selected method of transport, i.e. the costs normally incurred to deliver the goods to the customer.

7.11.1. The buyer may also use the withdrawal form to request the seller to collect the goods by the carrier. In this case, the buyer will bear the cost of returning the goods only up to an amount approximately corresponding to the price of domestic transport in the country in which the goods are collected, taking into account also the type, dimensions and weight of the goods in determining the amount of the cost. This amount will be shown to the buyer on the withdrawal form, and the buyer will agree to the amount of the charge by requesting collection of the goods. The seller is entitled to refuse to collect the goods from a country other than the one to which the goods were delivered. The other provisions of this article are not affected.

 7.12. The buyer cannot withdraw from the contract if its subject is:

• the provision of a service, if the provision began with the express consent of the buyer and the buyer had declared that he had been duly informed that, by expressing this consent, he would lose the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,
• the sale of goods or the provision of services, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the withdrawal period,
• the sale of goods made to the consumer's specific requirements, custom-made goods or goods tailored specifically for a single buyer (e.g. color and size of construction),

7.13. The seller reserves the right to cancel the order, or its part, if it is not possible for technical reasons to deliver the goods within the required time or for the required price. In this case, the seller shall reimburse any payments which the buyer has already made withing 14 working days. This does not affect the right of the contracting parties to agree on a replacement performance or an amended price.

8. ALTERNATIVE DISPUTE RESOLUTION

8.1. The buyer - consumer is entitled to use an alternative method of dispute resolution by contacting the seller for redress if he is not satisfied with the way the seller has handled his complaint or if he believes that the seller has violated his rights. If the seller rejects such a request or does not respond within 30 days of the date of its submission, the buyer - consumer has the right to initiate alternative dispute resolution of the alternative dispute resolution entity. The subjects of alternative dispute resolution are bodies and authorized legal entities in accordance with § 3 of Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Acts (hereinafter referred to as the “ADR Act”), namely the Czech Trade Inspection Authority or another relevant authorized legal entity registered in the list of ADR entities kept by the Ministry of Economy of the Czech Republic. The buyer - consumer proceeds according to § 12 of the ADR Act when initiating the alternative dispute resoluton. The proposal must include the e-mail contact of the seller: info@sportbaby.eu. Alternative dispute resolution can only be used to resolve a dispute between the buyer - consumer and the seller arising from a consumer contract.

8.2. Buyers - consumers are entitled to use an online dispute resolution platform to resolve their disputes, using the language of their choice. The buyer - consumer can use the ODR platform for alternative dispute resolution, which is available at http://ec.europa.eu/consumers/odr/, to resolve his / her dispute.

9. FINAL PROVISIONS

9.1. These GTCs were drawn up on 03.01.2022 and last revised on 03.01.2023. The seller reserves the right to change and supplement the wording of these GTCs. The legal relationship between the contracting parties is always governed by the GTCs valid and effective at the time of submitting the order.

9.1.1. The seller displays reviews of individual products and reviews of the overall user experience. Reviews may also include a verbal rating. To ensure authenticity of the reviews using technical means, only people who have actually made a purchase from the seller are invited to write/submit a review, which may be done via a third party (comparison website or review portal). Without compromising the authenticity of the reviews, the seller reserves the right not to display all the reviews or to give priority to displaying the reviews designated by the seller.

9.2. These GTCs have been drawn up in the English language. If these GTCs are also written in a language other than Slovak, the Slovak language version shall always prevail over a different language version.

9.3. If the contract has been concluded in writing, any modification must be in writing. The contracting parties have agreed that the communication between them will take place mainly through e-mails and letters.

9.4. In the event of a discrepancy between the provisions of the purchase agreement and these GTCs, the provisions of the purchase agreement shall prevail. In case of doubt as to the content of the contract to which the buyer - consumer is a party, or these GTCs, including their annexes, the interpretation that is more favorable for the buyer - consumer shall apply.

9.5. The contracting parties shall use their best efforts to amicably settle any dispute, controvery or claim that may arise between them regarding these GTCs, the contract or in connection with it. If the contracting parties fail to settle any dispute arising from these GTCs or the contract amicably, including a dispute over its validity, interpretation or cancellation, the resolution of such a dispute will fall under the jurisdiction of Czech courts. This does not affect the validity of the provisions of international treaties on the jurisdiction of other courts.

9.6. If the Terms and Conditions are not accepted in full, the use of this site must be terminated immediately.