General Terms and Conditions
of Baobab&GplusG s.r.o., with registered office at Plavecká 14, 128 00 Prague 2,
IČO 62585231, registered in the Commercial Register kept at the Municipal Court in Prague,
Section C, Insert 33775.
I. Introductory provisions and interpretation of terms
These General Terms and Conditions of Baobab&GplusG s.r.o., with registered office at Plavecká 14, 128 00 Prague 2, ID No. 62585231, registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 33775 (hereinafter referred to as the "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at http://www.baobab-books.net (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
The Buyer may be a business or a consumer.
Consumer means any person who enters into a contract with the Seller or otherwise deals with the Seller outside the scope of his business or the independent exercise of his profession.
An entrepreneur is a person who independently carries on, on his own account and responsibility, a gainful activity by way of a trade or similar business with the intention of doing so on a continuous basis for profit. Any person who concludes contracts in connection with his own business, manufacturing or similar activity or in the course of the independent exercise of his profession, or who acts in the name of or on behalf of an entrepreneur, shall also be regarded as an entrepreneur within the meaning of these General Terms and Conditions.
The provisions of the terms and conditions are an integral part of the purchase contract. The contract of sale and the terms and conditions are drawn up in the Czech language. The contract of sale may be concluded in the Czech language.
Subject of purchase - the subject of purchase within the meaning of these general terms and conditions may be a tangible object of purchase contained in the seller's offer (in particular a printed book, additional paper assortment, etc.).
By sending an order to the Seller, the Buyer confirms that he/she has read the contents of the General Terms and Conditions and considers their contents to be clear and understandable. These general terms and conditions are an integral part of the purchase contract.
Provisions deviating from the general terms and conditions may be agreed in the purchase contract. The derogating provisions in the purchase contract shall prevail over the provisions of the General Terms and Conditions.
The Seller may amend or supplement the General Terms and Conditions.
II. Conclusion of the Purchase Agreement
All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
The web interface of the shop contains information about the goods, the prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods.
Based on the registration of the buyer made on the website, the buyer can access his user interface. The Buyer can order goods from his/her user interface (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.
Access to the User Account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
The Buyer has the option to order the object of purchase by sending an electronic order to the Seller. When concluding a purchase contract by distance method, i.e. electronically, the Buyer shall place an electronic order on the Seller's website by marking the object of purchase on the order form after registering his/her person and filling in all the information on the form. Before sending a binding order, the buyer has the opportunity to check the data entered in the order and, if necessary, correct them. By sending the order, the buyer accepts these terms and conditions, the price for the object of purchase, the costs associated with the delivery of the goods.
A duly made order sent to the Seller is considered a draft contract. The conclusion of the purchase contract takes place at the moment of confirmation of acceptance of the order by the Seller, which the Seller sends to the Buyer's e-mail specified in the order. The order includes a confirmation by the Buyer that he has read these Terms and Conditions.
The Buyer reserves the right of ownership of the object of purchase until full payment of the purchase price.
III. Method of payment and delivery of the goods
The buyer can find detailed information on payment options, delivery methods and delivery costs on the website in the sections marked "shipping costs", "payment method" and "orders from abroad".
The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement to the Seller by the following methods:
in cash at the Seller's premises at Oldřichova 20, 128 00 Prague 2;
in cash on delivery at the place specified by the Buyer in the order or by the carrier;
by wire transfer to the Seller's account No. 4650000/2700 (hereinafter referred to as the "Seller's account");
cashless by credit card.
Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
The handover of the object of purchase to the buyer, which is sent to the buyer via a carrier, takes place at the moment when the carrier hands it over to the buyer.
Unless it is expressly agreed how the object of purchase is to be packed, the seller shall pack the object of purchase according to custom or in a manner necessary to protect the item. The seller shall pack the object of purchase for carriage in the same manner.
On receipt of the goods from the carrier, the buyer shall check the integrity of the packaging of the goods and shall notify the carrier immediately in the event of any defects. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. This is without prejudice to the buyer's rights under liability for defects in the goods and other rights of the buyer under generally binding legal regulations.
If there are any problems with the delivery of the shipment or if the shipment has not been delivered to the Buyer at all, the Buyer may contact 605195614 by telephone or by e-mail at info@baobab-books.net.
IV. Withdrawal from the Purchase Agreement
The Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods in accordance with Section 1829 (1) of the Civil Code; if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the goods.
In the event of withdrawal from the Purchase Contract, the Purchase Contract shall be cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days of the Seller's receipt of the cancellation. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
In the event of withdrawal from the Purchase Contract, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer.
V. Rights arising from defective performance
The rights and obligations of the parties with regard to rights of defective performance are governed by the applicable generally binding provisions (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code)
The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
the goods have the characteristics agreed between the parties and, in the absence of an agreement, such characteristics as the seller or manufacturer described or the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them,
the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
the item is in the appropriate quantity, measure or weight
the item complies with the requirements of the legislation.
If the defect manifests itself within six months of acceptance, the item shall be deemed to have been defective upon acceptance.
The provisions set out in Article V.3. of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the goods that the goods were defective or if the buyer caused the defect.
If the buyer exercises the right of defective performance, the seller shall confirm to the buyer in writing when the right has been exercised.
VI. Termination of the contract
The buyer - consumer (as defined in Article I of these General Terms and Conditions) has the right to withdraw from the contract concluded by means of distance communication within 14 days.
The withdrawal period shall run
in the case of a purchase contract, from the date of receipt of the goods
in the case of a contract whose subject matter is several types of goods or the delivery of several parts (i.e. where the subject matter of the purchase contract is ordered in one order but delivered in several consignments), from the date of receipt of the last delivery of goods.
The buyer-consumer must notify the seller of his decision to withdraw from the contract by means of a written notice of withdrawal.
If the buyer - consumer withdraws from the contract, he/she is obliged to deliver the object of purchase to the seller within 14 days from the date of withdrawal in person or send it to Baobab, Oldřichova 20, 128 00 Prague 2.
The buyer is obliged to pack the returned goods in such a way that they are not damaged during transport.
If the Buyer withdraws from the contract, the Seller shall send the received funds to the designated bank account, or if the Buyer paid for the goods by card, the Seller shall return them to the Buyer's card, no later than within 14 days of delivery of the object of purchase to the Seller.
In the case where the buyer is an entrepreneur, the contract may be withdrawn if agreed by the parties or if the law so provides
VII. Sale of books with mechanical defects
The Seller also offers on its website "Books with mechanical defects" mechanically damaged printed books whose defect does not prevent the book from being used for its intended purpose (hereinafter referred to as "damaged books").
The Seller sells Defective Books at a lower price than the normal price of a perfect book.
The Buyer acknowledges that if the Buyer selects a book in the "Books with mechanical defects" section, the book will have a mechanical defect (i.e. will be damaged) and the price for such book will already be a price reduced from the usual price.
The buyer acknowledges that he is not entitled to the right of defective performance for which the price was reduced in the case of the purchase of a mechanically damaged book and the provisions of § 2165, i.e. the buyer's right to exercise the right of defect occurring within 24 months of receipt, do not apply.
VIII. Data protection, sending of commercial communications and storage of cookies
The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EC) 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") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of the Purchase Contract and for the purposes of the Seller's public law obligations by means of a separate document.
The personal data will be processed for the purpose of fulfilling the contractual relationship between the Seller and the Buyer (user), and the Buyer's e-mail address will be used for sending commercial communications.
By sending the order, the buyer declares that he has been informed about the processing of his personal data.
The Seller, as the data controller, will process the Buyer's personal data provided in the order, i.e. the name, surname, address, e-mail address and telephone number of the Buyer in electronic form. The Buyer's personal data will be processed by authorised employees of the Seller or by a personal data processor with whom the Seller has concluded a contract for the processing of personal data. The Buyer has the right to access and correct his/her own personal data.
The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
The buyer agrees to the storage of cookies on his/her computer. In the event that the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw consent according to the previous sentence at any time.
IX. Notification of the Seller to the Buyer before the conclusion of the contract
By submitting an order, the Buyer confirms that he has received from the Seller, prior to the conclusion of the contract, the clear and comprehensible information required by law, namely:
the identity of the Seller, or the telephone number or e-mail address or other contact details;
the identification of the goods or services and a description of their main characteristics;
the price of the goods or services and, where applicable, how it is calculated, including any taxes and charges;
the method of payment and the method of delivery of the performance;
the cost of delivery and, if that cost cannot be determined in advance, an indication that it may be charged in addition;
details of rights arising from defective performance as well as rights under warranty and other conditions for the exercise of those rights.
By sending the order, the Buyer further confirms that he has received from the Seller, before concluding the contract by distance, the clear and comprehensible information required by law, namely:
the conditions, time limit and procedures for exercising the right of withdrawal, if applicable, as well as the withdrawal form;
an indication that, in the event of withdrawal, the consumer shall bear the costs of returning the goods (in person or by post);
X. Final provisions
If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according 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).
If a provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
These terms and conditions are displayed on the Seller's website, thus allowing their archiving and reproduction by the Buyer.
Both the Seller and the Buyer are bound by the terms and conditions displayed on the Seller's website on the day the Buyer places the order.
If the Seller and the Consumer do not agree on an acceptable compromise in the event of a dispute, the Consumer may apply to the Czech Trade Inspection Authority (ADR Department) with a proposal to initiate out-of-court dispute resolution. The consumer can find the details of the application, a description of the negotiation process and other information on out-of-court dispute resolution on the website www.coi.cz.
23. 4. 2020