Companies Kolorky s.r.o.
with registered office at Oldřichova 283/53, 128 00, Prague, Czech Republic
Company ID: 055 91 619
registered in the Commercial Register under file no. C 33534 maintained by the Regional Court in Plzeň

1. Introductory Provisions

These terms and conditions (hereinafter referred to as „terms and conditions) are amended in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as „civil code) mutual rights and obligations arising in connection with or based on the purchase contract between Kolorky s.r.o., with its registered office at Oldřichova 283/53, 128 00, Prague, Company ID: 055 91 619 (hereinafter referred to as „seller) and the buyer.

Provisions deviating from the terms and conditions may be agreed upon in the purchase contract. Deviating agreements in the purchase contract take precedence over the provisions of the terms and conditions.

The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can only be concluded in the Czech language.

2. Conclusion of the purchase contract

The seller operates the e-shop available at the address kolorky.cz (hereinafter referred to as „web“), through which the seller primarily sells baby diapers and related goods according to the current offer posted on the website.

All product presentations placed on the website are for informational purposes only, and the seller is not obliged to conclude a purchase contract regarding this product. The provision of § 1732 paragraph 2 of the Civil Code does not apply. The seller may set conditions regarding the quantity in which the buyer can order the product. The seller will inform the buyer about such a limitation on the website.

To order goods, the buyer selects the available products on the website, including the desired quantity, and adds them to the shopping cart. Only goods marked as "In Stock" on the website can be ordered.

The buyer then fills out the order form on the website. The order form mainly contains information about:

3. Price of goods and payment terms

The prices of individual goods are listed on the website along with information about the availability of the goods. The prices of the goods include value-added tax (VAT). The prices of the goods remain valid for as long as they are displayed on the website.

Together with the price of the goods, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the price of the goods also includes the costs associated with the delivery of the goods. Costs incurred by the buyer when using remote communication means in connection with concluding the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer themselves.

The buyer can pay the price of the goods to the seller using the following methods:

1. online payment by card through the selected payment service provider;
2. by cashless transfer to the seller's account specified in the email confirmation of order acceptance. The goods are shipped only after the money has been credited to the seller's bank account;
3. or by another method specified in the order.

4. Shipping and Delivery of Goods

The seller offers the following methods of delivery:

1. personal pickup at the seller's store at Oldřichova 283/53, 128 00 Prague;
2. personal pickup at the AZ logistics warehouse at Do Čertous 2620/11, Prague – Horní Počernice, 193 00;
3. delivery to the location specified by the buyer via carrier (DPD, PPL, GLS, Zásilkovna);
4. delivery to the pickup point chosen by the buyer via the carrier (Zásilkovna, DPD).

Shipping prices are listed on the website. Shipping prices remain valid for as long as they are displayed on the website. The website may include conditions under which free shipping can be provided to the buyer.

If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. In the case of personal pickup, the buyer is obliged to collect the goods within 10 days from the day the seller notifies them to collect the goods (at the email address provided in the order); otherwise, the seller is entitled to withdraw from the contract.

If the buyer has chosen delivery by shipping, the seller fulfills their obligation to hand over the goods to the buyer by handing them over to the first carrier. However, if the buyer is a consumer, the seller fulfills their obligation to hand over the goods at the moment the buyer obtains physical possession of the goods.

In the event that it is necessary to deliver the goods repeatedly or in a different manner than stated in the order due to reasons on the buyer's side, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the different method of delivery.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and immediately report any defects. If any damage to the packaging indicating unauthorized entry into the shipment is found, the buyer is not required to accept the shipment from the carrier.

The seller will usually ship the goods to the buyer within 5 working days of payment of the price of the goods, but no later than 3 weeks from the payment of the price of the goods. If the ordered goods are not in stock or if there is high demand for the ordered goods, the seller may extend the delivery time; in such a case, however, the buyer may withdraw from the contract.

Documents for the goods, especially the tax document, are usually sent by the seller to the buyer together with the goods, but no later than two days after the buyer takes possession of the goods.

The seller is not liable for delays in the delivery of goods within the agreed deadlines due to force majeure and events that significantly hinder or prevent the seller from delivering, and which the seller did not cause. Cases of force majeure include, in particular, mobilization, war, uprising, strike, lockout, official regulations, floods, fires, epidemics, or other unforeseeable obstacles, even if they occur at the seller's suppliers and their subcontractors. Such circumstances entitle the seller to extend the delivery deadline by the duration of the obstacle and a reasonable start-up period. If the delivery of goods becomes impossible or unfeasible for the seller due to the above-mentioned circumstances, the seller is entitled to withdraw from the contract.

If the buyer is a consumer, the risk of damage always passes to them at the moment of receipt of the goods. From the moment of receipt, the buyer bears all consequences associated with loss, destruction, damage, or any other deterioration of the goods. If the buyer is not a consumer, in the case of delivery of goods via a carrier, the risk of damage passes to them at the moment the goods are handed over to the first carrier.

5. Withdrawal from the purchase contract by the consumer

The buyer who is a consumer has the right to withdraw from the purchase contract concluded via the web within fourteen days. The period according to the first sentence ends 14 days from the day of receipt of the goods. If the consumer ordered multiple items of goods within one order that are delivered separately, the period ends 14 days from the day of receipt of the last item of goods. If the goods consist of several items or parts, the period ends 14 days from the day of receipt of the last item or part of the goods delivery.

The consumer may withdraw from the contract by any clear statement made to the seller, for example by using the form provided by the seller, which is available at the web address https://www.kolorky.cz/exchange-return. Withdrawal can be made by sending the form to the seller's email address jsme@kolorky.cz. The receipt of this form will be immediately confirmed to the consumer in text form.

Upon withdrawal from the contract, the consumer shall send or hand over the goods received from the seller without undue delay, no later than 14 days from the withdrawal. The consumer understands that they bear the costs of returning the goods. The deadline is met if the consumer sends the goods before its expiration.

The consumer cannot withdraw from the purchase contract for the supply of goods delivered in a sealed package in the manner described above if the consumer has removed the goods from the package and it is not suitable to return them for health protection or hygiene reasons, or from the purchase contract for the supply of goods that were manufactured according to the consumer's requirements or adapted to their personal needs.

The seller shall refund the consumer without undue delay, but no later than 14 days from the withdrawal from the contract, all monetary funds received from the consumer, or shall send the consumer the newly chosen goods. The seller is not obliged to refund the money before the consumer hands over the goods to the seller or proves that the goods have been sent to the seller, whichever occurs first.

The consumer is liable to the seller for any reduction in the value of the goods resulting from handling the goods in a manner other than what is necessary to familiarize themselves with the nature, characteristics, and functionality of the goods. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

6. Exchange of goods

The seller may, at the buyer's request, exchange the unopened and undamaged packaging of KOLORKY products for free for another packaging of the same series (e.g., in a different size or with a different pattern) no later than 90 days from the date of purchase. The buyer must request the exchange through the form available at https://www.kolorky.cz/exchange-return or by e-mail at the address jsme@kolorky.cz.

The carrier designated by the seller, in agreement with the buyer, will pick up the delivered goods that the buyer wishes to return. The seller will inspect the returned goods and verify that they have not been unpacked. After verifying the condition of the returned goods, the seller will create a new order for the buyer according to the buyer's requirements, which will be considered paid, and the buyer will be informed about it via email.

Creating a new order by the seller in accordance with the data provided by the buyer is considered acceptance of the buyer's proposal to amend the purchase contract regarding the subject of purchase to the extent of the new order by the seller. Otherwise, the purchase contract for the exchange of goods remains unchanged. The price of the original goods must be the same or higher than the price of the new goods. If the price of the original goods is lower than the price of the new goods, the buyer shall pay the seller the price difference to the account specified by the seller.

If the buyer requests an exchange of goods due to defective performance, the provisions of Article 7 and Article 8 of the terms and conditions, as specified in paragraph 6.1., shall apply to the exchange of goods requested through the form mentioned therein.

7. Rights from defective performance

The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174b of the Civil Code).

The terms and conditions further specify what constitutes a defect in the goods if the buyer is a consumer and if the buyer is not a consumer. A defect also includes the delivery of a different item. Defects also include defects in documents necessary for the use of the item. On the other hand, wear and tear caused by normal use of the goods or, in the case of used goods, wear corresponding to the extent of their previous use, is not considered a defect. The buyer's right arising from defective performance does not apply if the buyer caused the defect themselves.

If the seller provides the buyer with a warranty for quality, the scope, conditions, and methods of exercising the right to claim for defective performance shall be primarily governed by the information stated in the warranty certificate, which the seller is obliged to issue. For information not included in the warranty certificate, and thus for defects not covered by the warranty, the terms and conditions and applicable and effective legal regulations shall apply accordingly. The buyer's right to free remedy under the Civil Code is not affected by the warranty for quality. The warranty for quality also arises from a statement made by the seller on the website.

Buyer is a consumer

If the buyer concludes the contract as a consumer, the seller is specifically responsible for ensuring that the goods:

1. corresponds to the description, type, and quantity, as well as the quality, functionality, and other properties described on the website, or agreed upon by the parties;
2. is suitable for the purpose for which the consumer requires the goods and which the seller has agreed to;
3. is supplied with agreed accessories, including packaging, instructions for use, which the consumer can reasonably expect;
4. is suitable for the purpose for which goods of this kind are usually used, also with regard to the rights of third parties, legal regulations, technical standards, or codes of conduct of the given industry, if there are no technical standards;
5. in quantity, quality, and other properties, including durability, functionality, compatibility, and safety, corresponds to the usual properties of goods of the same kind that the consumer can reasonably expect, also taking into account public statements made by the seller or statements made by a person in the same contractual chain, especially advertising or labeling;
6. corresponds in quality or workmanship to the sample or model that the seller provided to the consumer before concluding the contract.

If a defect appears on the goods within 2 years of receipt (for the sale of used goods within 1 year), which existed on the goods at the time of receipt, the consumer can claim the goods within the general limitation period (ideally without unnecessary delay after discovering the defect, otherwise within 3 years from the moment the defect was discovered).

If the consumer rightfully complains about a defect, the 2-year period (or 1 year for used goods) according to the previous paragraph does not run for the time during which the consumer cannot use the goods.

If a defect in the goods appears within 1 year from the date of receipt, it is assumed that the goods were defective at the time of receipt, unless the nature of the goods or the defect excludes this. This period does not run during the time the consumer cannot use the goods, provided that the defect was rightfully reported.

Primarily, the consumer is entitled to a free repair of the goods or delivery of new goods without defects of their choice, unless the chosen method of defect removal is impossible or disproportionately costly compared to the other method. In the event that the method of defect removal chosen by the consumer is impossible or disproportionately costly compared to the other method (especially considering the significance of the defect, the value the goods would have without the defect, and whether the defect can be removed by the other method without significant difficulty for the consumer), the seller may remove the defect by the other method. The seller may refuse to remove the defect if it is impossible or disproportionately costly, especially considering the significance of the defect and the value the goods would have without the defect.

The right to withdraw from the contract or to a reasonable discount may be exercised by the consumer if:

1. seller refused to remove the defect or did not remove it;
2. if it recurs;
3. is the defect a material breach of contract; or
4. it is evident from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the consumer.

The consumer cannot withdraw from the contract if the defect of the goods is insignificant; it is assumed that the defect is not insignificant.

A reasonable discount is determined as the difference between the value of the goods without defects and the defective goods that the consumer received.

Until the seller fulfills their obligations arising from defective performance, the consumer is not required to pay the unpaid price of the goods or any part thereof.

Buyer is not a consumer

If the buyer does not purchase the goods as a consumer, the seller is specifically responsible for ensuring that the goods:

1. delivers to the buyer in the agreed quantity, quality, and design; if the quality and design are not agreed upon, the seller fulfills in a quality and design suitable for the purpose apparent from the contract; otherwise for the usual purpose;
2. corresponds in quality or workmanship to the sample or model; if the quality or workmanship specified in the contract differs from the sample or model, the contract shall prevail. If the contract and the sample specify the quality or workmanship of the goods differently, but not contradictorily, the goods must comply with both the contract and the sample or model.

Buyer shall inspect the goods as soon as possible after the risk of damage to the item has passed and verify its properties and quantity. In case any defects are found, the buyer is obliged to notify the seller immediately and is entitled to refuse to accept such goods. If the buyer accepts goods damaged in this way, it is necessary to describe the damage in the delivery protocol drawn up for this purpose. Failure to comply with this obligation results in the buyer losing rights arising from defective performance.

The buyer's right arising from defective performance is based on a defect that the goods have at the time the risk of damage passes to the buyer, even if it manifests later. The seller's obligations under the warranty for quality are not affected by this.

The buyer is obliged to report a defect to the seller without undue delay after they could have discovered it during a timely inspection and with due care. In the case of a hidden defect, the buyer is obliged to report it to the seller without undue delay after they could have discovered it with due care, but no later than two years after the item was handed over.

If the defective performance constitutes a material breach of the contract, the buyer has the right to:

1. to remedy the defect by delivering a new item without defects or by delivering the missing item;
2. for the removal of the defect by repairing the item,
3. for a reasonable discount on the price of the goods, or
4. withdraw from the contract.

A defect is a material breach of contract if the seller already knew or should have known at the time of concluding the contract that the buyer would not have concluded the contract if they had anticipated this breach.

If the buyer does not notify the defect of the goods in time, even in the case of defective performance that constitutes a fundamental breach of the contract, they only have the rights as in the case of defective performance that is a non-fundamental breach of the contract.

If the defective performance is a minor breach of contract, the buyer is entitled to:

1. to demand the removal of the defect, or
2. to demand a reasonable discount from the price of the goods.

If the seller does not remedy the defect of the item in time or refuses to remedy the defect, the buyer may demand:

1. if the buyer used the item before discovering the defect;
2. unless the buyer caused the impossibility of returning the item in its unchanged condition by their action or omission, or
3. if the buyer sold the item before the defect was discovered, consumed it, or altered the item during normal use; if this happened only partially, the buyer shall return to the seller what can still be returned and compensate the seller up to the amount of benefit gained from using the item.

The choice made cannot be changed by the buyer without the seller's consent.

The buyer cannot withdraw from the contract under their right due to defective performance, nor demand the delivery of a new item, if they cannot return the item in the condition in which they received it. This does not apply:

1. if there has been a change of condition as a result of an inspection to determine the defect of the item,
2. if the buyer used the item before discovering the defect,
3. unless the buyer caused the impossibility of returning the item in its unchanged condition by their action or omission or
4. if the buyer sold the item before the defect was discovered, consumed it, or altered the item during normal use; if this happened only partially, the buyer shall return to the seller what can still be returned and compensate the seller up to the amount of benefit gained from using the item.

8. Procedure for Exercising Rights from Defective Performance (Complaints)

The buyer asserts rights from defective performance (complaints) against the seller by all available means, for example in writing or via electronic mail sent to the seller's contact email address. jsme@kolorky.cz.

The buyer shall hand over the defective goods to the seller along with a notice of defect or without undue delay at the address Kolorky s.r.o., P3 park, hall I1, Do Čertous 2620/11, 193 00, Prague – Horní Počernice, for the purpose of assessing the buyer's complaint, unless the parties agree otherwise. The buyer shall include the following information in the defect notification:

• What is the defect of the goods and how does it manifest itself,
• whether the buyer wants to repair the defect, replace the goods or its part, withdraw from the purchase contract, or wants a reasonable discount,
• name, address, and phone number and email for faster communication.

The moment of exercising rights from defective performance is considered to be the moment when the seller receives the claimed goods from the buyer, unless it is possible to assess the claim even without receiving the goods.

If the buyer is a consumer, the seller will take the item at their own expense to remove the defect. If it requires disassembly of the item, whose assembly was carried out in accordance with the nature and purpose of the item before the defect appeared, the seller will perform the disassembly of the defective item and the assembly of the repaired or new item or will cover the associated costs.

Seller shall confirm in writing to the buyer when the buyer exercised the right to claim a defective performance, what the content of the complaint is, the method of complaint resolution requested by the buyer, and the buyer's contact details for providing information about the complaint resolution. Furthermore, the seller shall confirm in writing to the buyer the date and method of complaint resolution, including confirmation of the repair performed and its duration, or a written justification for the rejection of the complaint.

If the buyer is a consumer, the seller will process the complaint no later than 30 days from the moment the consumer submitted it, unless the seller and the consumer agree on a longer period. After this period has expired without resolution, the consumer may withdraw from the contract or request a reasonable discount. If the buyer is not a consumer, the seller will try to complete everything within the same time limits, at most within twice their length.

The buyer bears the costs of the complaint. If the seller acknowledges the complaint of the buyer who is a consumer, they will reimburse the reasonably incurred costs of the acknowledged complaint upon the buyer's request. In other cases, the seller is not obliged to reimburse the costs.

9. User Account

Visitor of the website (hereinafter referred to as „user) can register for free on the website and create a user account. During registration, the user is required to provide all information correctly and truthfully. The user is obliged to update the information provided in the user account whenever any changes occur. The information provided by the user in the user account is considered correct by the seller.

Based on the registration, the user gains access to their user account. From their user account, the user can order goods, process contract withdrawals, or handle returns and exchanges of delivered goods.

Access to the user account is secured by a username and password. The user is obliged to maintain confidentiality regarding the information necessary to access their user account.

The buyer is not authorized to allow third parties to use the user account.

The seller may cancel the user account if the buyer has not used their user account for more than 5 years, or if the buyer violates their obligations imposed by the terms and conditions.

The user acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of third-party hardware and software equipment.

10. Other rights and obligations of the contracting parties

The seller is authorized to sell goods based on a trade license. Trade inspections are conducted within their scope by the relevant trade office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the defined scope.

The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code. This does not apply to consumers.

11. Delivery

Unless the parties have agreed on a different specific method of communication, any communication related to the legal relationship between the buyer and the seller shall be conducted by personal delivery, registered mail, courier service, or email, to the addresses mutually notified by the parties.

Paper documents are considered delivered on the day of physical handover of the notification, if the notification is sent via courier or postal service operator or delivered in person; or on the day of delivery confirmed on the delivery receipt, if the notification is sent by registered mail; or after the futile expiration of a 10-day period from the deposit of the notification at the relevant post office branch, if the notification cannot be delivered or acceptance of the notification is refused. Emails are delivered at the moment the email message is sent from the email mailbox. This does not apply if the recipient proves that, through no fault of their own, the message did not come into their possession.

12. Processing of personal data

Information about the scope, purpose, legal basis (title), and duration of the processing of your personal data, as well as information about your rights in relation to personal data protection, is provided in the information document titled Information on Personal Data Processing.

13. Final provisions

The purchase contract can only be amended based on a written agreement. However, the seller is entitled to change and supplement these terms and conditions. This change will not affect already concluded purchase contracts, but only purchase contracts that will be concluded after the effective date of this change.

If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning most closely approximates 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 terms and conditions require written form.

The seller is not bound to the buyer by any codes of conduct within the meaning of the provisions of Section 1826(1)(e) of the Civil Code.

These terms and conditions, the contractual relationships between the seller and the buyer, and all other related legal relationships, including liability for damage or other harm, are governed by the legal system of the Czech Republic, especially the Civil Code, excluding the conflict of laws rules of private international law.

All disputes arising from these terms and conditions, contractual relationships between the seller and the buyer, as well as related disputes, including disputes over the validity of concluded contracts, shall be exclusively resolved by the courts of the Czech Republic.

The purchase contract including the terms and conditions is archived by the seller in electronic form and is not accessible.

If a dispute arises between the seller and the buyer, the consumer has the right to out-of-court resolution. The consumer is entitled to submit a proposal for out-of-court dispute resolution under Act No. 634/1992 Coll., on Consumer Protection, to the Czech Trade Inspection Authority (all details regarding out-of-court resolution are provided on the website coi.cz) or through the European Union's online platform for out-of-court resolution of consumer disputes (more information here). The visitor is also entitled to file a complaint about the violation of legal regulations by the provider with the Czech Trade Inspection Authority or the Trade Licensing Office. Based on such a complaint, administrative proceedings may subsequently be initiated against the provider.

The appendix to the terms and conditions consists of a withdrawal form from the purchase contract.

Contact details of the seller:

• delivery address (complaints, returns, withdrawal): P3 park, hall I1, Do Čertous 2620/11, 193 00, Prague – Horní Počernice
• email address: jsme@kolorky.cz,
• phone: +420 792 778 832.

These terms and conditions come into effect on November 1, 2024.