Article 1 – Definitions
Baby On Vacation is a trading name of Kočárky Hračky Karlov s.r.o. , registered seat Čechova 1433, 256 01 Benešov, Czech Republic Identification Number 28235100, registered with the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 134280/MSPH, webpage www.babyonvacation.cz (the Supplier or us or we or lessor).
The Consumer or Lessee is the individual or legal entity that uses the rented equipment. The rental service referred to herein consists in supplying equipment for a specified period of time. The geographical scope of the rental services is limited to metropolitan Prague. Delivery Location is the location where the Services are to be supplied, as set out in the Order.
The term equipment refers to an indissociable set of childcare equipment, instructions for use, complete packaging and related accessories. The equipment complies with all applicable European standards.
Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation;
The products sold by Supplier are presented on the babyonvacation.cz website.
A fact sheet is available for each of the products, describing all the product characteristics.
All the products sold by Supplier comply with applicable European standards.
The photographs and texts used on the site to illustrate the products presented are not contractual. Slight variations or color differences are possible, but shall not affect the validity of the sale.
Article 2 – Rental agreement, payment terms and electronic files
The rental agreement is established on the site if the client carries out the following steps:
- entering the order,
- acceptance of th terms,
- order payment at least 3 working days before the start of the rental period,
- validation by Supplier of the order and of payment
When an Order has been made, we can reject it for any reason, we will inform you of the reason without delay. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted.
Payment must be made immediately when an Order has been made. You must pay by one of our preferred payment methods unless otherwise arranged. We accept payments online using Visa; MasterCard credit/debit card and direct bank transfers in EUR (€). In case of payment by bank transfer, this needs to be received before delivery.
Order can be paid by the buyer in the following ways:
- by cashless transfer, to the seller's bank account No. 228977707/0600 held at MONETA Money Bank,
- by cashless transfer to the seller's account via the Shoptetpay payment gateway.
Article 3 – Prices
The prices indicated are in euro (€) and inclusive of all taxes. The prices do not include delivery costs. A refundable deposit and any additional delivery or other charges are that we agree in writing. The rental cost is displayed on the product data-sheet and is for the specified period of time (3 days, 7 days, 14 days). The client must contact Baby On Vacation directly for an estimate for any rental period exceeding one month.
The delivery fees (including pick-up) are calculated in the cart. Refundable deposit is also calculeted and shown in the cart.
Article 4 – Effective date - Duration
The rental period begins on the date on which the equipment is made available to the client by the Baby On Vacation Team. The equipment is delivered to the address indicated by the lessee. The rental period ends on the day that the equipment is returned in full to the Baby On Vacation Team, subject to verification that the equipment is complete and in good condition. The rental period cannot be less than 3 days. Each day begun is considered a full day.
Article 5 – Refusal to rent
Cases where Supplier may refuse to rent to a client include, but are not limited to, the following situations:
- No more stock available;
- Failure to make the payment at least three days before the delivery date,
- Failure to pay the price and/or deposit.
Article 6 – Provision of the equipment
The equipment is provided in full packaging, which forms an indissociable part of said equipment in accordance with the terms of article 1. This packaging must be kept in good condition by the lessee throughout the duration of the rental period. By signing the delivery slip, the lessee acknowledges that he/she has checked the equipment and that he/she chose it to satisfy needs that he/she determined on a personal basis. A report can be drawn up in the presence of both parties and signed by the lessee and the carrier at the time of delivery of the equipment.
If no such report is drawn up, the equipment shall be considered to have been delivered in good, working condition, with the instructions, and must be returned in the same condition.
Article 7 – Use
The lessee is required to protect the rented equipment against any damages. He/she undertakes not to proceed with any modification, alteration or transformation of the equipment. Lending or sub-letting the equipment is strictly prohibited. In the event of any breakdown or malfunction, the lessee must immediately cease to use the equipment, inform the supplier by email or by telephone, and not try to make any of the repairs necessary to him/herself. The financial consequences of any damages are specified in article 8 hereafter.
Article 8 – Returning the equipment
At the end of the rental period, the lessee must return all the equipment in good working condition. The equipment must only undergo the wear and tear resulting from normal use. Baby On Vacation shall check that each piece of equipment returned is in good working order within a period of 3 working days.
If the equipment is returned excessively soiled or stained (including vomit, chewing gum or sweets, stickers, crayons, markers, urine, fecal matter or any difficult to remove the substance, or any item returned with an odor resulting from cigarette smoke), we will take € 35 cleaning fee out of your refundable deposit.
If the rented product’s material or mechanism is damaged or broken when it is returned, rendering the equipment temporarily or permanently unusable, and as such unfit for further rental, Baby On Vacation will send an invoice to be paid at reception for the value up to the acquisition value for new equipment.
If the equipment has not been returned 48 hours after the end of the agreed rental period, the equipment has not been returned to the Supplier. Will be considered to have become the client's property and will send an invoice to be paid at reception for the value up to the acquisition value for new equipment, without there being any possibility for the lessee to take action in this respect against the lessor.
Any missing element or abnormal deterioration of the packaging shall give rise to a fixed penalty of €10 payable to the lessor.
Article 9 – Delivery and pick up
We will deliver the Services, including Goods, to any location in Prague. We do not generally deliver to addresses outside of Prague (except for the Vaclav Havel Airport Prague). If, however, we accept an Order for delivery outside that area, you may need to pay a special delivery charge. Delivery and collection are only possible between 8:00 and 20:00. The equipment is delivered and picked up directly by the Supplier. The time slot requested by the client is not contractual and Baby on Vacation reserves the right to change it at any time, on the basis of its schedule, the constraints of its activity or any external event. The address from which the equipment is picked up may be different from the delivery address and must be communicated to the Supplier at least 3 working days before the pick-up date. If the client is absent when the carrier arrives, the lack of communication obliging the carrier to return at a later hour, or if the client is late without having informed us, an additional € 30 will be due to the lessor. The supplier cannot be held responsible for any delays in delivery that are beyond its reasonable control, such as resulting from storms, modifications of regulations, delays in public transport or in the return of equipment from another client.
Article 10 – Cancellation
You can withdraw the Order by telling us or if you simply will not make a payment without incurring any liability no more than 7 days before the start or rental period. In the event of the cancellation of the order less than 7 working days before the start of the rental period following refund guidelines apply:
- Cancelation more than 7 days prior to delivery: 100% refund
- Cancellation 7 – 3 days prior to delivery: 50% refund
- Cancellation 1 – 2 days prior to delivery: 25% refund
- Cancellation on the day will result in a 0% refund.
Cancellations must be submitted in writing to Baby on Vacation via the “contact us” link or email to firstname.lastname@example.org and we will confirm back to you via written confirmation email. Any early returns upon your own choice after the commencement of Services will not be entitled to any refund.
Article 11 – Withdrawal from the contract
- A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
- The deadline for withdrawing from the contract is 14 days
from the day of receipt of the goods,
from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
from the date of acceptance of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.
- The buyer cannot, among other things, withdraw from the purchase contract:
provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract, and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period,
on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after the delivery,
delivery of goods in closed packaging, which the buyer has removed from the packaging, and for reasons of hygiene it is not possible to return it,
in other cases specified in § 1837 of the Civil Code.
- In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
- To withdraw from the purchase contract, the buyer can use the sample withdrawal from the purchase contract document. The buyer will send the withdrawal from the purchase contract to the seller's email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
- The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
- If the buyer withdraws from the contract, the seller will return to him immediately, but no later than 14 days from the withdrawal from the contract, all funds, including delivery costs, that he received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if this does not incur additional costs.
- If the buyer has chosen a different method of delivery of the goods than the cheapest method offered by the seller, the seller will reimburse the buyer for the cost of delivery of the goods in an amount corresponding to the cheapest method of delivery of the goods offered.
- If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer's hands over the goods to him or proves that he has sent the goods to the seller.
- The buyer must return the goods to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
- The seller is entitled to withdraw from the purchase contract due to the stock being sold out, the unavailability of the goods, or when the manufacturer, importer, or supplier of the goods has stopped the production or importation of the goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, which he received from him under the contract, in the same way, or in a way specified by the buyer.
Article 12 – Defective performance rights
- The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer at the time the buyer took over the goods:
- the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the buyer or manufacturer, having regard to the nature of the goods and the advertising made by them
- the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used
- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model
- the goods are in the appropriate quantity, measure, or weight
- the goods comply with the requirements of legal regulations
- exchange for new goods
- repair of goods
- a reasonable discount from the purchase price
- withdraw from the contract
- if the goods have a substantial defect
- if the item cannot be used properly due to the recurrence of the defect or defects after repair
- in case of a larger number of defects of the goods
Article 13 – Governing Law, Jurisdiction and Complaints
The Contract (including any non-contractual matters) is governed by the law of the Czech Republic.
We try to avoid any disputes, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
Article 14 – Out of Judicial Dispute Resolution
1. The Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
2. The European Consumer Center Czech Republic, with a registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
3. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. Among other things, the Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.