General terms and conditions

These general terms and conditions (hereinafter referred to as “terms and conditions”) for purchases in the online store https://www.rambula.cz/ (hereinafter referred to as “e-shop”), operated by Rambula.cz s.r.o., with registered offices at Na Korábě 362/4, Libeň, 180 00 Praha 8, file No. C 368788, registered with the Municipal Court in Prague, IČO/ID NO.: 172 42 835 (hereinafter referred to as “Operator” or “Seller”) regulates the mutual rights and obligations created between the Seller and the Buyer in connection with or on the basis of a buyer contract concluded in the in the context of the Buyer’s purchase on the e-shop (hereinafter referred to as “Purchase Contract” or just “Contract”).

Contact details for the operator/seller

Mobile: + 420 605 953 810

E-mail: info@rambula.cz

Address of the establishment: Mělnická Vrutice 77, Velký Borek, 277 31, Czechia (hereinafter referred to as the “establishment”)

1)    Introduction

1. By completing an order on the e/shop, the buyer confirms the he/she has familiarized themselves with these terms and conditions and at the same time is agreeing to these terms and conditions. These terms and conditions become an integral part of the concluded Purchase Contract.
2. Relations between the Seller and the Buyer are governed by these terms and conditions as in force and effect at the time the Buyer places an order. The relations between the Seller and the Buyer are further governed by the applicable law.
3. The relations between the Seller and the Customer acting in the course of its business is governed by the applicable law. These terms and conditions apply to the relations between the Seller and the Customer acting in the course of its business only in relation to Clauses 3, 4 and 9 to 11 of these terms and conditions.
4. The Seller may unilaterally change these terms and conditions in accordance with the procedure under the relevant legislation, but this does not affect rights and obligations arising from before these changes of the terms and conditions take effect.
5. Specific offers of goods or services listed on the e-shop may contain provisions that deviate from these terms and conditions. Such deviating arrangements, if any, have priority over these terms and conditions. Similarly, arrangements otherwise agreed between the Seller and the Buyer in a particular case have priority.

2)    Pre-contractual notice to the buyer

The Seller hereby informs the Buyer that:

1. The Purchase Contract is concluded remotely via the e-shop. The costs of using remote means of communication are paid for by the Buyer. However, these costs do not differ in any way from the rate paid by the Buyer for the use of these means of communication in general (i.e. in particular for access to the internet). The Seller does not charge any additional fees; however, this does not apply to any payment for the transport of the goods. By placing an order via the e-shop, the Buyer agrees to that he/she uses the means of the distance communication.
2. The Seller requires payment of the purchase and shipping costs before taking the delivery of the goods. The prices of goods and services on the e/shop are inclusive of all fees and taxes stipulated by the law, except for the cost of the shipping.
3. The Buyer has the right to withdraw from the Contract under the terms of Article 5 of these terms and conditions within a period of fourteen days from the date of receipt of the goods and services. The definition of cases in which the Contract cannot be withdrawn is also set out in Article 5 of these terms and conditions.
4. In the event of withdrawal from the Contract by the Buyer, the Buyer shall bear the costs of returning the goods to the seller only if the goods cannot be returned by the usual postal method due to their nature.
5. The Buyer may submit a complaint (in the framework of out-of-court dispute resolution) by e-mail to the e-mail address info@rambula.cz or via the e-shop contact form or by post or in person at address of the establishment, or the Buyer may address a complaint to a supervisory or state supervisory authority, in particular the Czech Trade Inspection (Česká obchodní inspekce) (more information on the website http://www.coi.cz) or the European Commission via the ODR platform (https://webgate.ec.europa.eu/odr/).
6. Strollers and their accessories and spare parts may be second-hand and reconditioned goods. Information about this fact and detailed description of the condition of used goods will be always available in the e-shop.

3)    Order - conclusion of the Purchase Contract

1. The information about the goods and the price given by the Seller is binding except for obvious errors in relation to the usual price of the goods (e.g. missing “0” or a displaced decimal point, etc.) and only up to amount of the Sellers stock.
2. Prices are presented inclusive of all taxes and charges, except for the cost of delivery. The photographs shown on the shop’s website correspond with the goods sold.
3. Orders can be placed primarily by filling and submitting the order form via the e-shop and alternatively by telephone or email to info@rambula.cz or via the contact form.
4. The order becomes binding for the Buyer by confirming the order on the e-shop by pressing the ORDER or OBJEDNAT button with payment obligation. In the case of alternative methods of placing an order referred to in the previous paragraph, its bindingness shall be judged by the content of the Buyer’s and the Seller’s communication.
5. The purchase Contract is concluded by written confirmation of the order by the Seller. The Seller is not obliged to confirm the order if the goods have become unavailable and have not been marked as in stock or if the Buyer is a person who has previously materially breached the Contract concluded with the Seller.
6. The Seller reserves the right to contact the Buyer if necessary to verify or clarify the order or to complete missing or inaccurate data.
7. The subject matter of the Contract is the goods specified in the order, including related services (in particular the provision of transport of the goods)
8. The Buyer is obliged to provide true, complete, accurate and correct information in the order.
9. The Seller will send the goods to the Buyer or prepare them for collection in person within 3 working days of the conclusion of the Purchase Contract, unless the Seller specifies a deadline for dispatch or preparation for collection. In the event that different time limits for dispatch have been indicated for different types of goods sent within the same order, the longest time limit is applied to that order. In the event that for any reason there is a delay of 5 days or more in the processing of the order, the Customer will be informed of this fact. In the case of payment by bank transfer, the time limit for dispatch or preparation of the goods for collection is calculated from the date of crediting the order price to the Sellers’s account.
10. The Buyer is obliged to take over the goods as soon as possible and check condition of the goods. The Buyer is obliged to refuse to accept the goods if the shipment from the carrier is visibly damaged and inform the Seller of this fact without undue delay.
11. The Seller will send available documents for the goods, in particular the receipt, to the e-mail address provided by the Buyer. The Seller may also send the documents for the goods together with the goods or hand them to the Buyer in the course of personal Collection. If instructions for use are supplied with the documents for the goods, the buyer is obliged to follow them.

4)    Purchase price and payment terms and conditions

1. The price of the order (price of the goods and any transport) made by filing in and submitting the order form on the e-shop is payable according to the payment method chosen by the Buyer:
   1. Immediately with card payment or via Google Pay,
   2. Within 3 working days when paying by bank transfer,
   3. During pickup, during payment with cash or card in the Establishment.
2. The price of an order made by one of the alternative methods listed in Article 3, paragraph 3 of these terms and conditions is payable as agreed by the parties in the particular case.

5)    Withdrawal from the Purchase Contract

1. The Seller is entitled to withdraw from the Purchase Contract if the ordered goods become unavailable and have not been marked as in stock (in this case, the Contract may only be withdrawn in relation to the relevant unavailable items) or if the Buyer is a person who has previously materially breached the Contract concluded with the Seller or if the Buyer fails to pay the purchase price by the due date.
2. The Buyer has the right to withdraw from the Purchase Contract within fourteen days from the date of handover of the goods or the last item of goods under the relevant order, but only if the Buyer concluded a distance contract and the goods have not been handed over at the Establishment.
3. In particular, but not exclusively, the buyer may not withdraw from a contract for the supply of goods made to the consumer’s requirements or adapted to his personal needs.
4. The Buyer may withdraw using the withdrawal form attached as Annex 1 to these Conditions, which the Buyer shall fill-in and send to the e-mail address info@rambula.cz or send or deliver to the address of the Establishment.
5. In the withdrawal, the Buyer shall at least disclose the order number or the date of the order or order confirmation by the Seller and identify the goods to which the withdrawal relates. If the Buyer does not provide a refund account, the price will be refunded to the account from which the payment was made when the price was paid. In the event the account number is not know to the Seller, a cash refund will be prepared for the Buyer at the Establishment during business hours and the Buyer will be notified.
6. In the event of the Buyer’s withdrawal from the Purchase Contract, the Buyer will bear the costs of returning the goods to the Seller only if the goods cannot be returned by normal postal means due to their nature. If the buyer returns only part of the goods from the order, then the cost of transporting the goods to the buyer is not refunded.
7. The goods must be returned to the Seller complete and must not resemble any sign of use, damage, wear and tear beyond what is necessary for the buyer to become familiar with the nature, characteristics and functionality of the goods.
8. If the goods have been purchased as part of a promotion (e.g. a gift with purchase) where a gift for purchase was included with the specific item or items of goods, the Buyer is obliged to return the gift together with the relevant goods. If there was a bonus or discount associated with the order (e.g. free postage for orders above a certain price), the Buyer loses the right to his bonus or discount if he would not have been entitled to the bonus or discount when ordering the goods without the items returned by the Buyer.
9. The goods must be returned within fourteen days of notification of withdrawal to the Seller. Any postal item must not be sent by the cash on delivery method; in this case the Seller is not obliged to collect it.
10. The Seller will pay the Buyer by cashless payment according to the price paid by the Buyer, including any other legitimate claims, or notify the Buyer that the relevant amount is ready in cash at the address of the Establishment during business hours, within 14 days of the notice of withdrawal to the Seller. However, the Seller is not obliged to provide the relevant amount in the manner referred to in the preceding sentence before it receives the relevant goods or the Buyer proves to the Seller that he/she has sent the relevant goods back, according to whichever happens first.

6)    Complaint/Claim

1. The Buyer is obliged to complain about a defect of the goods to the Seller without undue delay from the discovery of the defect of the goods (making a complaint/lodging a claim)
2. The Buyer may make a claim in writing in accordance with the Claims procedures, which is attached as Annex 2 to these terms and conditions. The Buyer may also make a claim in person during the business hours of the Establishment or at the above-mentioned telephone numbers.
3. Without undue delay after reception of the complaint, the Seller will confirm that the complaint has been received and will state the expected duration of the complaint. In order to asses the validity of the claim, the Seller is entitled to require proof of the defect by the buyer, i.e. in particular photographic documentation of the defective goods.
4. In the event of a positive assessment of the claim (acknowledgement of the defect), the Seller will be asked to choose the right of defective performance (method of claim settlement), if he has not already made this choice, and then to return the defective goods, if necessary. The defective goods must be returned to the Seller in a condition corresponding to the described defect within 14 days of the delivery of the notice to the Buyer. Any postal shipment must not be sent by cash on delivery method; in this case the Seller is not obliged to collect it.
5. The Seller will settle the claim without undue delay, but at least within 30 days of receipt of the defective goods. The time limit may be extended by mutual agreement of the parties. If the time limit expires in vain, the Buyer may withdraw from the Purchase Contract.
6. If the claim is justified, the Buyer is entitled to compensation for the costs reasonably incurred. The Buyer is obliged to these costs, e.g. by receipts or confirmation of shipping price.

7)    Goods return

1. Goods can be returned by sending a parcel to the address of the Establishment or by handing the goods to an employee of the establishment during business hours.
2. As part of the return of goods, the Buyer is obliged to present or enclose a copy of the receipt or otherwise prove that the goods were purchased from the Seller.
3. In the event of a return of goods under a claim by carrier, the Buyer will mark the shipment with the word “REKLAMACE”.
4. Any postal item may not be sent by the cash on delivery method; in such case, the Seller is not obliged to collect it.

8)    Seller’s warranty liability

1. The Buyer may complain about a defect that becomes apparent in the goods within 24 months of receipt of the goods. However, this does not apply in the case of second-hand goods, for which the Buyer is entitled to assert the rights of defective performance within 12 months of receipt of the goods. Whether the goods are used indicated on the e-shop.

9)    User account

1. The Buyer can use a user account free of charge.
2. The Buyer is obliged to keep the password to the user account secret. The Buyer is responsible for all legal actions that are taken through the user account.
3. In the event of suspected misuse of the account, the Buyer is obliged to report this suspicion to the Seller, whereupon the Seller is entitled to block the user account.
4. The Seller is also entitled to block the user account in other justified cases.

10) Communication between the parties

1. The parties may communicate with each other via e-mail messages without verified electronic signatures.
2. The Seller may use the Buyers email address provided to the Seller as part of the order.
3. The Buyer may use the email address info@rambula.cz.

11) Final provisions

1. The Seller is not liable for any injury that may arise in connection with the use of the e-shop by the buyer or a third party. In particular, but not exclusively, the Seller is not liable for damages incurred by the Buyer or a third party using the e-shop, e.g. due to the computer viruses or other cyber threats attacking through the e-shop, etc.
2. If any provision of these terms and conditions is or becomes invalid or ineffective, the provision whose meaning is as close as possible to the invalid provision.
3. These terms and conditions are valid and effective as of 1.1. 2023.
4. The following appendices form an integral part of these terms and conditions:

Annex 1 - Withdrawl from the contract

Annex 2 – Claims procedure and Claim form