1. preliminary provisions
These business terms and conditions (the “Business Terms & Conditions”) of ookidoo s.r.o., limited liability company, with its registered office at Ostrovní 1708/12, identification number: 26157811, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 75405 (the “Seller”) shall govern the mutual rights and obligations of contracting parties arising in connection with or under a purchase contract (the “Purchase Contract”) entered into by and between the Seller and another natural person or legal entity (the “Buyer”) using the Seller’s online store. The online store is run by the Seller at www.ookidoo.com using an online store interface (the “Online Store Interface”).
These Business Terms & Conditions shall further govern the rights and obligations of contracting parties using the Seller’s website located at www.ookidoo.com (the “Site”) and other related legal relationships. These Business Terms & Conditions shall not apply to cases where a person wishing to purchase goods from the Seller places an order in the course of their business activity.
The wording of these Business Terms & Conditions may be changed or amended by the Seller.
The rights and obligations which have arisen during the effect of the previous wording of the Business Terms & Conditions shall remain thereby unaffected.
2. user account
Subject to the Buyer’s registration at the Site, the Buyer can access their user interface. The Buyer can use the user interface to order goods (the “User Account”). The Buyer can also order goods without being registered, using directly the Online Store Interface.
When completing the registration at the Site and placing orders for goods, the Buyer is obliged to provide information which is correct and true. The Buyer is obliged to update the data contained in their User Account in the event of any change thereof. The data provided by the Buyer in the User Account and order placements for goods shall be considered to be correct by the Seller.
The Buyer is obliged to keep confidential any information required to access their User Account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer.
The Buyer is not entitled to allow any third parties to use their User Account.
The Seller reserves the right to delete a User Account, in particular if the Buyer has not used their User Account for 2 years or in the event of breach of the obligations under the Purchase Contract (including the Business Terms & Conditions) by the Buyer.
The Buyer acknowledges that the User Account need not be available at all times, in particular due to necessary maintenance of the Seller’s hardware and software and/or any necessary maintenance of the hardware and software of third parties.
3. purchase contract
The Online Store Interface contains a list of goods offered for sale by the Seller together with the price of each offered item. The prices of the offered items include the value added tax and any related charges. The goods offered for sale and their respective prices shall remain valid during the time they are displayed at the Online Store Interface. The offer of goods at the Online Store Interface is not binding and the Seller is not obliged to enter into the Purchase Contract with respect to the goods.
The Online Store Interface also contains information about packaging and delivery costs.
To order goods, the Buyer shall complete a purchase order form at the Online Store Interface. The purchase order form must contain in particular the following information:
–ordered goods (the Buyer ‘puts’ the ordered goods in the electronic shopping cart at the Online Store Interface);
–method of payment for the ordered goods, requested method of delivery of the ordered goods; and
–information about the delivery costs (hereinafter jointly referred to as the “Order”).
The data provided in the Order shall be considered to be correct by the Seller.
Depending on the nature of the Order (amount, purchase price, expected shipping costs), the Seller shall always have the right to request additional confirmation of the Order from the Buyer (e.g. in writing or by telephone).
The contractual relationship between the Seller and the Buyer is created upon the delivery of the Order receipt (acceptance) sent by the Seller via electronic mail to the Buyer’s e-mail address.
The Buyer acknowledges that the Seller is not obliged to enter into the Purchase Contract, in particular with respect to persons who have already been in major breach of the Purchase Contract (and the Business Terms & Conditions).
The Buyer agrees to use remote means of communication to enter into the Purchase Contract. The costs incurred by the Buyer when using the remote means of communication in connection with the conclusion of the Purchase Contract (costs of the Internet connection, telephone call costs) shall be paid by the Buyer alone.
4. price of goods & payment conditions
The Buyer shall pay the price of goods and any related delivery costs stipulated in the Purchase Contract in one the following manners:
–cash on delivery (C.O.D.) at the place selected by the Buyer in the Order;
–wire transfer in CZK to the Seller’s account No. 2106791145/2700, IBAN: CZ7327000000002106791145, SWIFT: BACXCZPP, opened with UniCredit Bank Czech Republic, a.s.;
–wire transfer in EUR to the Seller’s account No. 1142777004/1111, IBAN: SK3211110000001142777004, SWIFT: UNCRSKBX, opened with UniCredit Bank Slovakia, a.s.
The Buyer is obliged to pay the purchase price together with the related packaging and delivery costs in the agreed amount. Unless expressly provided for otherwise, the Purchase Price shall hereinafter refer to the purchase price together with the costs of delivery.
In the case of C.O.D. payment, the Purchase Price is payable at the acceptance of goods. In the case of wire transfer, the Purchase Price is payable within 3 days upon entering into the Purchase Contract and the Buyer is obliged to pay the Purchase Price while stating the variable symbol of the payment. In the case of wire transfer, the Buyer’s obligation to pay the Purchase Price shall be deemed fulfilled as soon as the respective amount is credited to the Seller’s account.
The Seller is entitled to request the full Purchase Price payment prior to the shipment of goods to the Buyer, in particular if the Buyer does not provide any additional confirmation of the Order.
The discounts (if any) on the price of goods provided by the Seller cannot be combined.
The Seller shall issue a tax document – invoice with respect to the payments effected based on the Purchase Contract for the Buyer. The Seller is a payer of the value added tax. The tax document – invoice shall be issued by the Seller for the Buyer after the payment of the Purchase Price of goods and sent to the Buyer’s e-mail address in the electronic form.
The Buyer acknowledges that they cannot, inter alia, withdraw from the Purchase Contract for the delivery of goods customized according to the Buyer’s wish, as well as goods prone to rapid decay, wear and tear or aging, and from the Purchase Contract for the delivery of audio and video recordings if the original packaging has been damaged by the consumer.
With the exception of cases mentioned in the previous paragraphs or other cases rendering it impossible to withdraw from the Purchase Contract, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days upon the acceptance of goods. The withdrawal notice must be delivered to the Seller within (14) days upon the acceptance of goods. The withdrawal notice may be sent by the Buyer, inter alia, to the address of the Seller’s place of business or to the Seller’s e-mail address: email@example.com. The Buyer’s withdrawal notice shall contain the statement of the withdrawal, the number of the Order, date of purchase, and the number of account to refund the money to.
In the event of the withdrawal under Article 5 hereof, the Purchase Contract shall be made void. The goods must be returned to the Seller within 7 business days after the withdrawal notice is sent out to the Seller. The goods must be returned to the Seller undamaged and unused, and, if possible, in the original packaging.
The Seller has the right to examine the goods returned under Article 5 hereof within the period of fifteen (15) days after it has been returned by the Buyer, in particular in order to find out whether the returned goods are not damaged, used or partially consumed.
In the event of the withdrawal from the Purchase Contract under Article 5 hereof, the Seller shall refund the Purchase Price to the Buyer within ten (10) days after the end of the period for the examination of goods; however, no later than within thirty (30) days upon the delivery of the withdrawal notice to the Seller, by wire transfer to the account specified by the Seller.
The Buyer acknowledges that if the goods returned by the Buyer are damaged, used or partially consumed, the Seller shall have the right to claim damages for the suffered loss from the Buyer. The Seller’s right to claim damages for the suffered loss may be offset by the Seller, unilaterally, against the Buyer’s claim for the Purchase Price refund.
If, together with the goods, the Seller provides a gift to the Buyer, the contract of donation between the Seller and the Buyer shall contain a resolutive condition stating that in the event of the withdrawal from the Purchase Contract by the consumer, the contract of donation relating to any such gift shall expire and the Buyer is obliged to return the gift to the Seller together with the returned goods.
6. shipping and delivery
The method of the goods delivery shall be determined by the Seller unless stated otherwise in the Purchase Contract. If the shipping method is agreed upon the Buyer's request, the Buyer shall take the risk and any additional cost of this shipping method.
If the Purchase Contract stipulates the Seller’s obligation to deliver the goods to a place stated by the Buyer in the Order, the Buyer is obliged to accept the goods on delivery. Should the Buyer fail to accept the goods on delivery, the Seller shall be entitled to withdraw from the Purchase Contract.
If due to reasons on the Buyer’s side the goods must be delivered repeatedly or in a manner other than stated in the Order, the Buyer is obliged to pay the costs of the repeated delivery of goods or any costs of the different method of delivery.
The Buyer is obliged to check the intactness of packaging of the goods at the moment of acceptance of goods and in the case of any damage immediately inform the shipper. If the packaging turns out to be damaged as a result of an unauthorised opening of the shipment, the Buyer is not obliged to accept the shipment from the shipper. By signing the delivery note the Buyer confirms that the packaging of the shipment has not been damaged.
7. liability for damage, warranty
Rights and obligations of the contracting parties regarding the Seller’s liability for defects, including the Seller’s warranty liability, shall be governed by the generally binding regulations.
The Seller shall warrant to the Buyer that the item sold is in compliance with the Purchase Contract, in particular that it is free of any defects.
If the item is not in compliance with the Purchase Contract (the “Non-Compliance”) at the moment of acceptance by the Buyer, the Buyer is entitled to request that the Seller ensure compliance of the item with the Purchase Contract free of charge and without any unnecessary delay, at the Buyer’s choice either by replacing the item or repairing it; or if this is not feasible, the Buyer is entitled to request a reasonable discount on the price of the item or to withdraw from the Purchase Contract. This shall not apply if the Buyer was aware of the Non-Compliance prior to the acceptance of the item or has caused the Non-Compliance. Any Non-Compliance which arises during six (6) month upon the acceptance of the item shall be deemed a Non-Compliance existing at the moment of the acceptance thereof unless this is contradictory to the nature of the item or unless contrary is proven.
Unless the items are prone to rapid decay or used, the Seller shall be liable for defects which turn out to be at variance with the Purchase Contract upon the acceptance of the item during the warranty period (warranty).
The Buyer’s rights arising from the Seller’s liability for defects, including the Seller’s warranty shall be asserted by the Buyer from the Seller in writing at the address of the Seller’s place of business ookidoo s.r.o., Hrazená Lhota 2, 25801 Vlašim. Any warranty claim shall be deemed made at the moment of the receipt by the Seller of the goods subject to the warranty claim from the Buyer and the warranty claim in writing pursuant to Article 8.
8. warranty claims
The Seller shall provide the Buyer with the warranty for the goods supplied by ookidoo.com for the period of 24 (twenty-four) months upon the actual acceptance of the goods by the Buyer. Should any defects occur with respect to the delivered goods during the warranty period, the Buyer is entitled to make a warranty claim regarding the defective goods.
Warranty claims regarding the defective goods shall be made by the Buyer preferably in writing, addressed to the Seller’s place of business. The tax document serves as the warranty certificate. A written warranty claim of the Buyer shall contain the product type, copy of the tax document (invoice) and the specification of defects and the way they are exhibited. The Buyer shall send the goods in a packaging appropriate for shipping (in their own interest) meeting the fragile goods shipping requirements, and properly labelled. The supplier shall not be liable for any damage of the goods suffered prior to the acceptance thereof.
The Seller shall acknowledge the receipt of the warranty claim in writing (by email). The supplier or the servicing centre shall assess the justifiability of the warranty claim regarding the defective goods and thereupon shall inform the customer by telephone or e-mail how the claim will be processed. The warranty claim shall be processed within the period of thirty days. Information about the warranty claim processing is available at firstname.lastname@example.org.
A warranty claim shall be deemed unjustified provided that the damage occurred because the goods were used in a way other than stated in the respective instructions for use, due to ordinary wear and tear, incorrect handling, incorrect storage, unprofessional intervention by the Buyer or a third party or as a result of a natural disaster.
In the event of the withdrawal from the Purchase Contract or if a discount has been provided on the Purchase Price, the respective payment shall be refunded to the Buyer by wire transfer to their bank account. In the event of an unjustified warranty claim the consumer is not entitled to any compensation of the costs related to the warranty claim processing.
9. other rights & obligations of contracting parties
The Buyer shall acquire the title to goods through the payment of the full Purchase Price of goods.
The Buyer acknowledges that the design, software, and other components comprising the Online Store Interface (including the photographs of offered goods) are protected by copyright.
The Buyer undertakes not to perform any activity enabling the Buyer or third parties to make any unauthorised intervention or use of the software or other components comprising the Online Store Interface.
The Buyer acknowledges that the Seller shall not be liable for any mistakes resulting from a third party’s intervention at the Site or as a result of use of the Site other than in compliance with the purpose thereof.
10. peronal data protection & commercial notices
The Buyer agrees to the processing and collection of their personal data in the Seller's database until the Buyer sends a written notice of disapproval of any such data processing.
The Buyer agrees that the personal data may be processed by the Seller for the purpose of fulfilment of rights and obligations under the Purchase Contract, for the purpose of the User Account maintenance, and for the purpose of sending information and commercial notices to the Buyer.
The Buyer confirms that the provided personal data are accurate and that the Buyer has been instructed that they have provided the data voluntarily. The Buyer shall further acknowledge that the provided personal data (on the registration, in the User Account, when placing an order at the Online Store Interface) must be true and that the Buyer is obliged to inform the Seller about any change of their personal data without any unnecessary delay.
The Seller may assign the processing of the Buyer’s personal data to a third party, a processor. Apart from persons ensuring the shipping of goods, the Buyer’s personal data shall not be disclosed to any other third parties by the Seller without the prior consent of the Buyer.
The personal data shall be processed for an indefinite period of time. The personal data shall be processed in an electronic form on an automated basis, or in a printed form on a non-automated basis.
If the Buyer asks for information about the processing of their personal data, the Seller is obliged to provide any such information. The Seller has the right to ask a reasonable compensation for the provision of information under the previous sentence; however, not exceeding the costs of the information provision.
The Buyer agrees to sending information relating to Seller’s goods, services or business to the Buyer’s e-mail address, and to sending commercial notices by the Seller to the Buyer's e-mail address.
Unless agreed otherwise, any and all communication relating to the Purchase Contract must be delivered to the other party in writing, either by an electronic mail or by registered mail using the postal service (at the sender’s choice). Any communication sent to the Buyer shall be delivered to the Buyer’s e-mail address stated in their User Account.
A notice shall be deemed delivered:
–in the case of delivery by electronic mail at the moment of the acceptance thereof in the incoming mail server; integrity of messages sent by electronic mail can be ensured by a certificate,
–in the case of personal delivery or postal service delivery at the moment of acceptance of the shipment by the recipient,
–in the case of personal delivery or postal service delivery also at the moment of refusal to accept the shipment by the recipient (or a person authorised to accept the shipment),
–in the case of postal service delivery after the lapse of ten (10) days after the shipment has been deposited and a notice sent to the recipient to collect the deposited shipment, provided the shipment is deposited with the postal service, even if the recipient has not found out about the deposited shipment.
12. final provisions
Should the relationship related to the use of the Site or the legal relationship based on the Purchase Contract contain an international (foreign) element, the parties have agreed that any such relationship shall be governed by the Czech law. Consumer's rights under generally binding legal regulations shall remain thereby unaffected.
The Purchase Contract including the Terms & Conditions shall be archived by the Seller in the electronic form and shall not be available.
Seller’s Contact Details:
–mailing address: ookidoo s.r.o., Ostrovní 1708/12, 110 00 Praha 1,
–shipping address for refunds, replacements or warranty claims regarding the goods: ookidoo.s.r.o., Hrazená Lhota 2, 25801 Vlašim,
–electronic email address: email@example.com.
Prague, March 1st, 2017