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Terms and Conditions

Terms and conditions

of Gaudete s.r.o.

with its registered office at Horynova 2389/1, 14900 Prague 4

identification number: 24679925

registered in the Business Register kept at the Municipal Court in Prague, Section C, Insert 165563

for the sale of goods through an online store located at the Internet address www.bbcreamshop.eu

  1. Introductory provisions
    1. These business conditions (referred to as "business conditions") of Gaudete sro, with its registered office at Horynova 2389/1, 14900 Prague 4, identification number: 24679925, registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 165563 (referred to as the “seller”), in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (reffered to as the the “civil code”), regulate the mutual rights and obligations of the contracting parties arising in connection or under the purchase contract (referred to as the “purchase agreement”) concluded between the seller and another person (referred to as the “buyer”) through the seller's online store. The internet shop is operated by the seller on a website located at the internet address www.bb-cream.cz (referred to as the "website"), through the interface of the website (referred to as the "web interface of the shop").
    2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
    3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
    4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
    5. The the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
  2. Conclusion of a Purchase Contract
    1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
    2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.
    3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods.
    4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
      1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
      2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
      3. information on the costs associated with the delivery of goods (collectively referred to as "order").
    5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Confirm order" button. The data listed in the order are considered correct by the seller. Immediately after receiving the order, the seller will send a confirmation to the buyer by e-mail to the buyer's e-mail address specified in the user interface or in the order (referred to as the "buyer's e-mail address").
    6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
    7. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
    8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be paid by the buyer himself, and these costs do not differ from the basic rate.
    9. Please note that the online store www.bb-cream.cz is involved in the pozornanej.cz program. If the customer is listed in the database or has violated the purchase contract in the past, the e-shop operator reserves the right to process the order, only after payment for the goods, or refuse to process the order completely. This provision also applies to a customer for whom the seller suspects that he is an unserious customer or if the customer tries to circumvent this provision.
  3. Price of the Goods and Payment Terms
    1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer can pay the seller according to the conditions HERE.
    2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
    3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 3.5 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
    4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
    5. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order, to demand payment of the entire purchase contract before sending the goods to the buyer.
    6. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
  4. Withdrawal from the Purchase Contract
    1. The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the wishes of the buyer or for him, from the purchase contract for the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in a sealed package which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of audio or video recordings or computer program original packaging.
    2. If it is not a case referred to in Article 4.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer will use the form, which can be downloaded HERE.
    3. In the event of withdrawal from the purchase contract pursuant to Article 4.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
    4. In case of withdrawal from the contract according to Article 4.2. of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase agreement by the buyer, in cash (if the buyer delivers the goods in person to the establishment), transfer to a bank account or PayPal account. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in any other way, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the entrepreneur.
    5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
    6. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
    7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return given a gift.
  5. Transport and Delivery of Goods
    1. The goods are transported through a contracted carrier or the Czech Post. Stock items are usually shipped the next working day after ordering.
    2. The goods are always packed and sent in such a way that no damage occurs during transport. If the post office delivers a shipment that is visibly damaged, we recommend that you do not accept it and contact us, as well as the post office.
    3. Personal pick up of the goods is possible at the address: Horynova 2389/1, Prague 4 - Opatov. It is open depending on an individual agreenment. We will inform you about the nearest possible collection date, usually on the day of ordering.
    4. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
    5. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
    6. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay postage associated with repeated delivery of goods according to the seller's price list.
    7. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
  6. Rights from Defective Performance
    1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
    2. The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller guarantees to the buyer that at the time when the buyer took over the goods:
      1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,
      2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
      3. 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,
      4. the goods are in the appropriate quantity, measure or weight; and
      5. the goods comply with the requirements of legal regulations.
    3. The provisions set out in Article 6.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the buyer, or if it follows from the nature of the goods.
    4. The rights arising from defective performance are exercised by the buyer at the seller according to the conditions set out in the complaint protocol, which can be downloaded HERE. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
  7. Other Rights and Obligations of the Contracting Parties
    1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
    2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.
    3. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of ​​personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
    4. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
    5. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 00020869, Internet address: www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract.
  8. Protection of Personal Data
    1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
    2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number (collectively referred to as "personal data").
    3. The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in full according to this article is not a condition that would itself make it impossible to conclude a purchase contract.
    4. The buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay of any change in his personal data.
    5. The seller may authorize a third party to process the buyer's personal data as a processor. Except for carriers of goods, servers evaluating the satisfaction of customers and persons or institutions listed in this contract, personal data will not be passed by the seller to third parties without the prior consent of the buyer.
    6. The customer agrees that in connection with the minimization of risks from possible loss, a query should be made to the server www.plarmane.cz, regarding its solidity as an e-commerce client. This data is for authentication purposes only and is not stored or archived in any way.
    7. The customer agrees that in the event of non-collection of the ordered shipment and non-compensation for the damage caused, this case can be handed over / assigned (including its personal data) and registered in the system www.plarmanej.cz to GlobeWeb Czech s.r.o., or handed over to other authorities.
    8. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
    9. The buyer confirms that the personal data provided is accurate and that he was informed that this is a voluntary provision of personal data.
    10. In the event that the buyer believes that the seller or processor (Article 8.5) performs the processing of his personal data which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to for the purpose of their processing, may:
      1. ask the seller or processor for an explanation,
      2. require the seller or processor to remedy the situation thus created.
    11. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
  9. Sending Business Messages and Storing Cookies
    1. The buyer agrees to the sending of information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to the sending of commercial communications by the seller to the electronic address of the buyer.
  10. Delivery
    1. It can be delivered to the buyer to the e-mail address specified in his user account or specified by the buyer in the order.
  11. Final Provisions
    1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
    2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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. Changes and additions to the purchase contract or business conditions require a written form.
    3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
    4. Seller's contact details:
      1. delivery address: Gaudete, s.r.o. Horynova 2389/1, 14900 Prague 4
      2. e-mail address info@bbcreamshop.eu
      3. phone 604 728 639, 603 968 981.
    5. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest. (updated 2/20/2017, effective from 3/1/2017).

Valid from 1.1.2009

Edited 1.1.2014, 1.2.2016, 20.2.2017, 16.3.2018