Highlights at a glance

According to anecdotal sources, most of our customers, like us, do not like to read large documents full of legalese. Therefore, here are the most important points of our terms and conditions at a glance:

1. If you like our products, you can buy them easily. Choose what you like best and complete the order by filling in your details, choose your delivery and payment method. We will then send you a confirmation email and our contract is complete.
2. For each product you can see the final price, you only need to add the delivery fee or the fee for cash on delivery, if you have chosen this payment method. The amount depends on which shipping method you choose, however, you will find out before you complete your order. You can also find the shipping price list – here.
3. Goods that are in stock are dispatched, as far as possible, on the next day after ordering, but the time for which the carrier is able to deliver the goods must be added. For the fastest delivery, it is a good idea to choose courier delivery and pay for the goods by credit card.
4. We do everything possible to ensure that the goods arrive in order and in the highest quality. However, if there is any defect in the product, please do not hesitate to contact us to arrange a replacement, repair or refund. The warranty period for our products is 24 months by law. For more information, please refer to the detailed terms and conditions below.
5. We recommend that you check the goods when you collect them. If the packaging or the goods are visibly damaged, you have the right not to accept the goods. In this case, we will agree on the next course of action.
6. If you find that the goods do not suit you for any reason, you can return them within 14 days of delivery. However, it must be unused, as far as possible, in its original packaging. For returns, please contact us by email at babuka@babuka.sk. For more information, please see the detailed terms and conditions below.

Full and detailed text of the terms and conditions

Basic information

These terms and conditions govern the rights and obligations of Babuka s. r. o., as the operator of the online shop www.babuka.sk and our customers arising from the contractual relationship based on the concluded sales contract. They apply to contracts concluded remotely in the online shop www.babuka.sk pursuant to Act No. 102/ 2014 z. z. on consumer protection in the sale of goods and services under a distance contract.

For the purposes defined by the General Terms and Conditions, the following basic terms are specified:

The Seller is Babuka s. r. o., which operates the online shop www.babuka.sk, Babuka s. r. o., Malé Leváre 52, 908 74, IČO 53302966, DIČ 2121335975, Tel: 0940 566 365, e-mail: babuka@babuka.sk, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 147676/B

The buyer is the customer who enters into a contractual relationship with the seller on the basis of the purchase contract. The customer of our online shop can be any natural person who does not act within the scope of his/her business activity of employment or profession when concluding and executing a consumer contract. Purchases made by a business entity are governed by the Commercial Code no. 513/1991 Coll. The customer under these General Terms and Conditions may also be a third party in certain circumstances, which the customer designates in a binding order as the person to whom the ordered goods are to be delivered, i.e. j. authorised person. The indication of the name of the authorised person in the binding order shall be deemed to be his/her authorisation to take delivery of the ordered goods.

The supervisory authority for consumer protection shall be SOI Inspectorate for the Bratislava Region, Prievozská 32, P. O. BOX 5, 820 07 Bratislava

Ordering goods and concluding a contract

To order the goods, enter the desired quantity and add the goods to the cart by clicking “Add to cart”. Click on the cart icon to view all items in the cart, where you can edit the contents (remove an item from the cart or change the quantity). Press the “Continue Shopping” button to return to the product menu. Pressing the “Check and Pay” button accesses the order itself. In the form, you fill in your details necessary to complete the order and confirm the order by clicking “Order with payment”. After processing your order, we will send you an order confirmation to the email address you have provided. Upon receipt of the confirmation email of receipt of your order, the purchase contract is concluded. The buyer’s email address can be used to send any further information regarding their order, if necessary.

Prices

All product prices are final. The seller is not subject to VAT. However, the price does not include the cost of delivery. The exact cost of delivery depends on the delivery method chosen and is indicated in the shopping cart, before completing your order. Any additional discounts provided over and above the discounts listed for individual products in our online shop, such as individual customer discounts and discount coupons, are not combinable with each other unless otherwise stated.

Delivery times

Ordered goods that are in stock are usually dispatched on the next working day after receipt of the order. Goods that are not in stock are shipped immediately after stocking. In some cases, an indicative date for the planned restocking is given for a specific product. The usual delivery time after dispatch is 1 to 5 working days. The delivery time is indicative and depends on the type of transport and delivery address. In some individual cases the delivery time may be extended and we will inform you as soon as we have more information. Orders in which you have chosen payment in advance, the seller sends the goods after the payment is credited to the seller’s account.

As a seller, we are obliged to fulfill your order and deliver the goods to you within 30 days of receipt of your order. If the ordered goods or part of the goods from the order cannot be delivered within the above mentioned time limit, we will inform you about this situation as soon as possible and we will notify you of the expected delivery date or we will propose the delivery of replacement goods. If we fail to provide the goods even within the additional period, you have the right to withdraw from the contract and in the case of payment of the purchase price or part thereof, the funds will be returned to you within 14 days to the bank account designated by you.

The Seller’s obligation to deliver the goods is fulfilled by handing over the goods to the Customer or to the authorized person specified in the order. We send the goods by Slovak Post in the form of a letter / parcel or letter / parcel delivery, or by courier. The delivery time should therefore be added normally 1 – 3 working days, which takes delivery of the goods to you by post, or 1 working day for delivery by courier (the time limits apply to delivery addresses within the Slovak Republic and are indicative).

We will inform you that your order has been forwarded to the carrier by email to the email address you provided in your order. If the goods have not been delivered to you within 7 days of our email, please contact both the carrier and us. We will provide you with more information about your package and possible reasons for non-delivery by e-mail after checking.

The customer is obliged to collect the goods at the agreed place and time in person or arrange for their collection. If you have chosen the payment method of cash on delivery, you will pay the cash on delivery upon receipt of the shipment. Together with the goods, the customer receives a bill of sale, which also serves as a warranty certificate.

The Seller’s obligation to deliver the goods is fulfilled at the moment when the Customer, resp. authorized person to take over. The obligation is considered fulfilled even if the customer does not accept the shipment at the agreed time and place, or. refuses to accept. If the customer does not take delivery and the goods are returned to us, we have the right to withdraw from the contract of sale and to claim from the customer the costs associated with the return of the goods (postage costs associated with the return shipment). Re-delivery is only possible by mutual agreement.

We are not liable for late delivery of goods caused by incorrect address of the recipient.

Upon receipt of the consignment, the customer is entitled to inspect the consignment to check whether the packaging of the consignment has been damaged (mechanical damage caused by transport) and whether the goods are free from defects. In the event of visible damage to the parcel or goods, the customer is entitled not to accept the parcel and is not liable for the costs associated with the return of the goods.

Method of payment

• COD

Cash on delivery is possible for orders within the Slovak Republic. Depending on the chosen method of delivery, it is possible to pay cash on delivery or by credit card. However, please note that there is a fee for this delivery method. You can see the exact amount of the fee delivery price list.

• transfer to the seller’s account

If you choose to pay by bank transfer to our account, you must pay your order within five working days from the date of your order to the bank account that we will send you by return email to the address indicated in your contact details. The ordered goods will be reserved for you for that time. Upon receipt of payment, we will notify you by email and confirm your order. If you do not make payment by the due date, your order may be cancelled. We will notify you by email before cancelling your order. In case you have any problems with the payment of the payment, resp. for any reason you cannot pay your order on time, please contact us at babuka@babuka.sk. This payment method is free of charge, however your bank may charge fees for this transaction.

• electronic banking

The order can be paid through the payment gateway of our e-shop by credit card. In this case, your order will be confirmed and we will start working on it. If you have paid by card but have not received a confirmation email within 24 hours, please contact us at babuka@babuka.sk. This payment method is free of charge, but your bank may charge fees for this transaction.

Postage and other charges

We add the following postage to the above prices according to the payment method and delivery address. You can see the complete postage price list here – Delivery price list.

• Delivery to a Packeta SR dispensing point or dispensing box for orders up to 50 € – 1,99 €, for orders over 50 € – free of charge.
• Delivery to your address by courier company Packeta SR for orders up to 50 € – 3,99 €, for orders over 50 € free of charge.
• Surcharge for cash on delivery – 1 €.

The above prices are valid for delivery within Slovakia. For a complete price list, including delivery prices to other countries, please check the delivery price list. We do not charge any other fees or packing costs. The above fees apply for sending packages within Slovakia. If you split your order into multiple shipments based on your request, you may be charged postage for each shipment separately.

Babuka is responsible to the customer for:

• adherence to the price that was valid at the time of sending the order, if there has been a confirmation of the order by the seller
• dispatch of goods without defects (except for used goods)
• delivery of the goods in the quantity and quality as ordered, provided that the order has been accepted
• attaching a tax receipt, unless the customer has requested otherwise

Babuka is not responsible for:

• late delivery of goods caused by incorrect address of the recipient

Order cancellation

If you wish to cancel your order that has not yet been processed, please contact us as soon as possible ( contacts) and quote your order number. If your order has already been paid for, we will refund your money within 14 days to the account from which you paid, unless we agree otherwise.

Babuka reserves the right to cancel your order for goods if we are unable to deliver them to you due to unavailability (out of stock or withdrawal from the offer) or if, even with every effort, we are unable to deliver the goods within the agreed time or price, and/or the provision of the goods would cause us unreasonable inconvenience and disproportionate expense in relation to the value of the goods ordered, unless we agree with you an alternative performance. We will inform you immediately by phone or e-mail about the cancellation of your order. In the event of payment of the purchase price or part thereof, the funds will be returned to the account from which you paid within 14 days, unless we agree otherwise.

Complaint of goods

The warranty period for goods purchased in the Babuka.sk online store is 24 months as standard, in the case of used goods 12 months.

Used goods and merchandise shall be deemed to be goods that are so marked and sold in the online store. Such goods may be used and are free from defects and damages that would prevent the full use of the product, unless otherwise stated. The warranty period begins on the date of receipt of the goods by the customer.

Warranty service is provided by the operator of the online store. Incompleteness of the shipment or damage to the goods must be reported within 48 hours of receipt of the shipment by e-mail to babuka@babuka.sk or by phone on weekdays at 0940 566 365. Later claims for incompleteness of the shipment or mechanical damage to the product can only be accepted if the buyer proves that the claimed defects were already present at the time of receipt of the goods.

If you wish to claim the purchased goods, please contact us in advance(contacts). Please send the claimed goods (preferably after agreement with us) to Babuka s. r. o., Malé Leváre 52, 908 74 We recommend that you send the goods as a parcel by registered mail. Please do not send goods to us by cash on delivery. Include a copy of the tax receipt (invoice) that we sent you with the goods and which also serves as a warranty card.

Upon receipt of the claimed goods, we will contact you immediately by email or telephone to arrange a quick resolution of the claim.

When identifying defects in the claimed goods, we proceed according to the statutory provisions of the Civil Code (§ 622 and 623). We are obliged to remedy any defects without undue delay or to replace the goods at your request. If there is a defect which cannot be remedied and which prevents the goods from being properly used as a non-defective item, you have the right to have the goods replaced or to withdraw from the contract.

We will handle the claim in one of the following legal ways:

• by handing over the repaired goods
• exchange of goods
• by refunding the purchase price of the goods
• by paying a reasonable discount on the price of the goods
• by written invitation to take over the performance
• a reasoned rejection of a claim for goods

If the complaint is accepted, we will, at your discretion, replace the claimed goods piece for piece, or provide you with another one of your choice (up to the value of the claimed goods), and we will also bear the cost of returning and delivering the new goods, or you have the right to withdraw from the contract, in which case we will refund your money. The complaint will be processed as soon as possible, but no later than 30 days after the claim is made and the goods are received. You will be informed of the outcome of the claim immediately after the end of the claim procedure by e-mail and the claim report will be delivered to you together with the goods.

In the case of used goods, which you are already buying, we are not liable for defects, damages already caused by their use or wear, i.e. it is not possible to claim mechanical damage (or other damage, if specified) to which the discount on the price of the goods relates.

If you make a claim for goods within the first 12 months of entering into the contract of sale, we can only reject the claim on the basis of an expert’s opinion. The costs associated with the expert’s professional assessment shall be borne in full by us.

If you make a claim for goods after 12 months from the conclusion of the contract of sale and we reject it, we are obliged to state in the claim document to whom you can send the goods for professional assessment. By exercising your right to a professional assessment, we shall bear the costs of the professional assessment of the goods as well as all other related costs, regardless of the outcome of the professional assessment, according to the documented contact. As a customer, you can make a claim again if it is proven that we are responsible for the defect of the goods claimed. The warranty period does not expire while the goods are being professionally assessed. We are obliged to reimburse you within 14 days from the date of the reasserted claim all costs incurred for the professional assessment of the goods as well as all related costs reasonably incurred. We cannot reject a claim that has been reasserted.

If you are not satisfied with the handling of your order, the goods delivered or our service, please email us at babuka@babuka.sk. If we have not resolved your complaint to your satisfaction or if you believe that we may have violated your rights, you may, pursuant to Act 391/2015 Coll. you can file a petition for alternative dispute resolution.

Alternative dispute resolution

If we have not resolved your complaint to your satisfaction or if you believe that we may have violated your rights, you may, pursuant to Act 391/2015 Coll. file a petition for alternative dispute resolution with an alternative dispute resolution entity (hereinafter ADR entity) pursuant to Act 391/2015 Coll. ADR entities are authorities and authorized legal persons according to §3 of Act 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk may be submitted by the consumer in the manner specified under § 12 of Act 391/2015 Coll.

The consumer can also file a complaint through the alternative dispute resolution platform RSO, which is available online at https://ec.europa.eu/consumers/odr/main/index-cfm alternative dispute resolution can only be used by a consumer – a natural person who does not act within the scope of his business, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution only applies to a dispute between a consumer and a seller arising out of or relating to a consumer contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of alternative dispute resolution up to a maximum of EUR 5 including VAT.

Withdrawal from the contract and return of goods

The customer is entitled to withdraw from the contract without giving any reason in accordance with Art. § 7 of Act No. 102/2014 Coll. on Consumer Protection in Distance Selling within 14 days of receipt of the goods. In the event that the goods have been delivered separately within the same order, the withdrawal period shall run from the moment of receipt of the goods that were delivered last. The customer may also withdraw from the contract before the withdrawal period has started. If the customer withdraws from the contract, this also cancels any ancillary contract related to it.

The customer cannot withdraw from the contract if:

• the goods have been made to the customer’s specific requirements, have been made to measure or have been designed specifically for one consumer.
• the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging is damaged halfway after delivery

The right of withdrawal can also be exercised by sending a notice of withdrawal on the last day of the 14-day period.

Upon receipt of the notice of withdrawal, the Seller shall return to the Buyer within 14 days at the latest all payments received from the Buyer under or in connection with the Contract, including transport, delivery and postage costs and other costs and charges. The Seller will refund the payment in the same manner as the Customer used for their payment. The customer may also agree with the seller on another method of refund.

The Seller shall not be obliged to pay additional costs to the Customer if the Customer has expressly chosen a delivery method other than the cheapest normal delivery method offered by the Seller. Additional costs means the difference between the cost of delivery chosen by the customer and the cost of the cheapest normal delivery method offered by the seller.

Upon withdrawal from the contract, the seller is not obliged to refund the customer before the goods are delivered to him or until the customer proves that the goods have been sent back to the seller, unless the seller proposes to collect the goods in person or through a person authorised by him.

The customer is obliged to send the goods back or hand them over to the seller or a person authorized by the seller to take over the goods within 14 days from the date of withdrawal from the contract. This time limit shall be deemed to have been observed if the goods have been handed over for carriage on the last day of the time limit at the latest.

When withdrawing from the contract, the customer shall only bear the cost of returning the goods to the seller or to the person authorised by the seller to receive the goods and also the cost of returning the goods which, due to their nature, cannot be returned by post.

The customer shall be liable for any diminution in the value of the goods resulting from handling of the goods which goes beyond the handling necessary to establish the characteristics and functionality of the goods.

The customer has the opportunity to test the functionality of the goods after delivery, but cannot use the goods if he withdraws from the contract. In order to ascertain the nature, characteristics and functionality of the goods, the consumer should only handle and inspect the goods in the same way as he would be able to do in a bricks-and-mortar shop. The customer is required to handle and inspect the goods with due care during the withdrawal period and should return the goods with the original tags or other means of protection or identification.

The customer is obliged to send the request for withdrawal in writing, ideally by e-mail to babuka@babuka.sk within the above mentioned time limit.

Customer invoice

In the interest of protecting the environment, we have decided to send invoices for our customers’ orders electronically to the email you entered in the contact details when you placed your order. We send the invoice immediately after we receive information from our partners that the goods have been received by the customer. You can then print the invoice on your printer or archive it electronically. If for any reason you need a paper invoice, please write this information in the notes in the order or contact us at our email address babuka@babuka.sk and we will send it to you by post.