TERMS AND CONDITIONS OF THE BEANY E-SHOP

The terms and conditions of the Beany.cz and Beany-sport.com e-shops are governed by the Czech laws on the grounds of the place of establishment of the company operating these online shops. 

1. RECITALS

1.1. These Terms and Conditions (hereinafter the “T&C”) of Creative play s.r.o., a company with its registered office at Horská 15, 543 02 Vrchlabí 4, Id. No.: 06190219, registered in the Commercial Register kept by the Regional Court in Hradec Králové, Section C, File 39767, telephone: +420 603 302 316, email: info@beany.cz (hereinafter the “Seller”) stipulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), the mutual rights and obligations of the Parties arising in connection with or under a purchase contract (hereinafter the “Purchase Contract”) entered into by and between the Seller and another individual (hereinafter the “Buyer”) via the Seller’s online shop (e-shop). The Seller operates the e-shop on a website at beany.cz  (hereinafter the “Website”) via a website interface (hereinafter the “E-shop Interface”).

1.2. These T&C do not apply to cases where a person who intends to purchase the goods from the Seller is a legal entity or person acting within the framework of a business activity or profession when ordering the goods.

1.3. Provisions deviating from these T&C may be agreed in the Purchase Contract. Any deviating provisions contained in the Purchase Contract shall prevail over the provisions of these T&C.

1.4. The provisions of these T&C form an integral part of each Purchase Contract. The Purchase Contract and these T&C are drawn up in the Czech language. A Purchase Contract may be executed in the Czech language.

1.5. The Seller may change and/or supplement the wording of these T&C. This provision shall in no way prejudice the rights and obligations established during the term of effect of the previous versions of these T&C.

2. CONCLUSION OF PURCHASE CONTRACT

2.1. The display of goods on the Seller’s website constitutes the Seller’s invitation to submit offers to enter into a Purchase Contract, and the Buyer’s purchase order constitutes the Buyer’s proposal to enter into a Purchase Contract. Section 1732 (2) of the Civil Code is disapplied.

2.2. The part of the Website concerning commerce (“e-shop”) contains information on the goods, including the prices of the individual items. The prices of goods are inclusive of value added tax and all related fees. The prices of goods remain valid as long as they are displayed on the Website. This provision in no way limits the Seller’s option to enter into a Purchase Contract under terms and conditions agreed individually.

2.3. The Website also contains information on the costs related to the packaging and delivery of goods. Information on the costs related to packaging and delivery of goods provided on the Website applies only if the goods are delivered within the Czech Republic.

2.4. To order the goods, the Buyer fills in the order form, which contains in particular information about:

2.4.1.   the goods ordered, their quantity, colour and size (the Buyer “places” the ordered goods in the electronic shopping cart in the E-shop Interface);

2.4.2.   the manner of payment of the purchase price of the goods and information on the requested manner of delivery of the goods being ordered and the method of payment, and

2.4.3.   information on the costs related to delivery of the goods (hereinafter collectively as the “Purchase Order”).

2.5. Before a Purchase Order is sent to the Seller, the Buyer can check and modify the data that he or she specified in the order, with a view to allowing the Buyer to determine and correct any mistakes made when filling in the order. The Buyer sends the Purchase Order to the Seller by clicking on the “Buy” button, where the Buyer is simultaneously advised of the obligation to make the payment and its amount.  The Seller deems that the data provided in the Purchase Order are accurate. The Seller shall confirm the receipt of the Purchase Order without delay by sending an email to the Buyer’s email address indicated in the Purchase Order (hereinafter the “Buyer’s Email Address”).

2.6. At all times, depending on the nature of the Purchase Order (quantity of goods, amount of the purchase price, estimated transport costs), the Seller may request that the Buyer subsequently confirms the Purchase Order (e.g. in writing or by telephone).

2.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the Seller’s notice of acceptance of the Purchase Order (acceptance) sent to the Buyer by email to the Buyer’s Email Address.

2.8. The Buyer agrees with the use of means of remote communication in execution of a Purchase Contract. Any costs incurred by the Buyer in the use of remote communication means in relation to execution of the Purchase Contract (costs of internet connection, telephone charges) will be borne by the Buyer; these costs correspond to the basic rate.

3. PRICE OF GOODS AND PAYMENT TERMS

3.1. The Buyer may pay the price of goods and, where applicable, any costs related to the shipment of goods under the Purchase Contract in one of the following manners; the payment options are always specified in the order form:
cash-on-delivery at the place as indicated by the Buyer in the Purchase Order;
cashless transfer to the Seller’s account;
cashless transfer through a payment system;
cashless payment by card.

3.2. Together with the purchase price, the Buyer must also pay to the Seller the agreed amount of costs related to the packaging and delivery of goods. Unless expressly stated otherwise, the term “purchase price” hereinafter also includes the costs related to the delivery of goods.

3.3. The Seller does not require an advance or any similar payment from the Buyer. This shall in no way prejudice Art. 3.6 of these T&C regarding the obligation to pay the purchase price of the goods in advance.

3.4. Where the payment is made in cash or cash-on-delivery, the purchase price shall be payable upon takeover of the goods. In the case of cashless payment, the purchase price is payable within 5 business days of conclusion of the Purchase Contract, otherwise the Purchase Order will be cancelled.

3.5. With a cashless payment, the Buyer is obliged to pay the purchase price for the goods indicating the variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is performed as soon as the Seller’s account is credited with the relevant amount.

3.6. The Seller shall deliver a tax receipt (invoice) to the Buyer for any payments made on the basis of the Purchase Contract. The Seller is a VAT payer. The Seller shall issue the tax receipt (invoice) to the Buyer after the price of the goods is paid and send it to the Buyer in electronic form to the Buyer’s Email Address.

3.7. Unless explicitly specified otherwise, the discounts, if any, on the price of goods provided by the Seller to the Buyer cannot combined.

4. WITHDRAWAL FROM THE PURCHASE CONTRACT – RETURN OF GOODS

4.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a Purchase Contract for the supply of goods that were customised based on the Buyer’s wish or for the Buyer, from a Purchase Contract for the supply of perishable goods, as well as goods that were irreversibly mixed with other goods after delivery, and from a Purchase Contract for the supply of sealed goods which the consumer unsealed and which cannot be returned for sanitary reasons.

4.2. With the exception of the case specified in Art. 4.1. or other cases where the Purchase Contract cannot be withdrawn from for reasons specified by law, the Buyer may withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code within fourteen (14) days of the takeover of goods; if the Purchase Contract provides for the purchase of several types of goods or the delivery of several parts, the said period shall run from the date of takeover of the last delivery of goods. The notice of withdrawal from the Purchase Contract must be sent to the Seller within the deadline specified in the previous sentence. The Buyer may withdraw from the Purchase Contract by an unambiguous statement made to the Seller. The Buyer may use the sample form provided by the Seller, which forms an annex to these T&C, to withdraw from the Purchase Contract. In particular, the Buyer may send the written notice of withdrawal from the Purchase Contract to the address of the Seller’s establishment, or to the Seller’s email address at info@beany.cz.

4.3. In case of withdrawal from the Purchase Contract pursuant to Art. 4.2. hereof, the Purchase Contract is deemed terminated from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the Purchase Contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs related to returning the goods to the Seller, even where the goods cannot be returned by regular mail due to the nature of the goods.

4.4. In the case of withdrawal from the Purchase Contract pursuant to Art. 4.2. hereof, the Seller shall refund the money received from the Buyer without delay, but not later than fourteen (14) days of the withdrawal from the Purchase Contract by the Buyer; the Seller shall do so by the same means by which the Seller received the funds from the Buyer. The Seller may also refund any performance provided by the Buyer when the goods are returned by the Buyer or otherwise if the Buyer agrees and incurs no additional costs in this way. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to refund the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been sent back.

4.5. If the Buyer has chosen a manner of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall refund to the Buyer the costs of delivery of the goods on the basis of the executed Purchase Contract in an amount corresponding to the cheapest method of delivery offered (except for collection in person).

4.6. The Buyer is liable only for the reduction in the value of goods caused by the handling of the goods in a manner other than that which is necessary to get acquainted with their nature, properties and functionality. The Seller may unilaterally set off the entitlement to compensation of the damage caused to the goods against the Buyer’s entitlement to a refund of the purchase price.

4.7. The Seller may withdraw from the Purchase Contract at any time before the goods are taken over by the Buyer. In that case, the Seller shall refund the paid purchase price to the Buyer without undue delay, by wire transfer into an account indicated by the Buyer.

4.8. Where a gift is provided to the Buyer along with the goods, the donation agreement between the Seller and the Buyer is concluded subject to a condition subsequent consisting in the fact that if the Buyer withdraws from the Purchase Contract, the donation agreement concerning the gift expires and the Buyer must return the provided gift to the Seller along with the goods.

5. TRANSPORT AND DELIVERY OF GOODS

5.1. Where the manner of transport is agreed based on a special requirement by the Buyer, the latter bears the risk and any additional costs related to such manner of transport.

5.2. If, under the Purchase Contract, the Seller is obliged to deliver the goods to the place indicated by the Buyer in the Purchase Order, the Buyer is obliged to take over the goods upon delivery.

5.3. If the goods have to be delivered repeatedly or in a manner other than set out in the Purchase Order for reasons attributable to the Buyer, the Buyer is obliged to pay the costs related to the repeated delivery of the goods or the costs related to the different manner of delivery, as appropriate.

5.4. Upon takeover of the goods, the Buyer must check that the packaging of the goods is intact and notify the carrier of any shortcomings without delay. The Buyer is not obliged to take the shipment over from the carrier if any damage to the packaging is ascertained and such damage indicates that the shipment has been tampered with.

5.5. Further rights and obligations of the parties in the transport of goods may be stipulated by the Seller’s special delivery terms if the Seller has issued.

6. RIGHTS BASED ON DEFECTIVE PERFORMANCE AND QUALITY WARRANTY

6.1. The Parties’ rights and obligations in respect of any defective performance are governed by the applicable generally binding legal regulations (especially Sections 1914 to 1925, Sections 2099 to 2112 and Sections 2161 to 2174 of the Civil Code).

6.2. The Seller warrants to the Buyer that the goods are free of defects upon takeover. The Seller warrants, in particular, that at the time of takeover of the goods by the Buyer:

6.2.1. the goods have the properties agreed by the Parties; in the absence of such an agreement, the goods have such properties which the Seller or producer described or which the Buyer expected given the nature of the goods concerned and the advertising presented by the Seller or producer;

6.2.2. the goods are suitable to be used for the purpose stated by the Seller or for which the goods of such kind are usually used;

6.2.3. the quality or design of the goods corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model;

6.2.4. the goods have the corresponding quantity, measurements or weight;

6.2.5. the goods meet the requirements stipulated by the legal regulations.

6.3. The provisions of Art. 6.2 hereof do not apply to any defects of goods sold at a reduced price agreed due to the defect; to any wear and tear of goods caused by normal use thereof; to any defects of used goods where the defect corresponds to the degree of use and wear and tear and the goods had the defect upon their takeover by the Buyer or where it follows from the nature of the goods.

6.4. Under Section 2165 of the Civil Code, the Buyer may claim a defect that manifests itself in the item within twenty-four months of takeover; during this period, the Seller provides a warranty for defects. In case of purchase of a used item, the parties may reduce the period to one year pursuant to Section 2165. The Buyer has no right arising from defective performance if the defect was caused by the Buyer. Usual wear and tear caused by the normal use of the item or, for a used item, usual wear and tear corresponding to its previous use do not constitute a defect. 

6.5. If the Buyer ascertains a defect, the Buyer shall notify the defect to the Seller without undue delay and hand the item over to the Seller or store it according to the Seller’s instructions or otherwise suitably handle it so that the defect can be reviewed. The Buyer may request that the defect be remedied, claim a reasonable discount, or withdraw from the Purchase Contract. The Buyer chooses the manner of complaint resolution. However, the Buyer may not withdraw from the Purchase Contract for minor defects. For these purposes, the Buyer may use the replacement / return / complaint form in respect of the goods.

6.6. In accordance with the law, a reasonable discount will be determined as the difference between the value of the non-defective goods and the defective goods supplied to the Buyer. 

6.7. Any money to be refunded by the Seller to the Buyer on the grounds of defective performance, whether as a reasonable discount or if the Buyer withdraws from the Purchase Contract, shall be remitted by the Seller at its own expense without undue delay, but not later than within fourteen days of the date when the Buyer successfully exercised the relevant right based on defective performance with the Seller.

6.8. A deadline of 30 days is set for resolution of the Buyer’s claims on the grounds of the Seller’s liability for defects; the Seller is obliged to notify the Buyer of the result of the complaint procedure by the end of this deadline; if the Buyer’s claim cannot be resolved within this deadline, the Buyer must be notified accordingly in advance and, within 30 days, informed of the course of the complaint procedure.  

6.9. If the Buyer fails to take over a repaired item within a reasonable period of time after the Seller informed the Buyer that the item is ready for collection, Section 2159 (3) shall apply.  

6.10. If the Buyer withdraws from the Purchase Contract, the Seller shall refund the purchase price to the Buyer without undue delay after receiving the item or after the Buyer proves to the Seller that the item has been dispatched.

6.11. Rights arising from defective performance can be asserted by the Buyer with the Seller at the address of the Seller’s establishment: Creative play s.r.o., Horská 15, 543 02 Vrchlabí. The Seller shall ensure the presence of an employee authorised to deal with complaints throughout the establishment’s opening hours. Complaints may also be sent by email to info@beany.cz. A complaint shall be deemed made as soon as the relevant goods are received by the Seller from the Buyer (the date when the goods are received).

6.12. The court may grant the right arising from a defect even if it has not been notified without undue delay after the Buyer could have ascertained it had it exerted adequate care.

7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The Buyer acquires the ownership title to the goods upon payment of the full purchase price of the goods.

7.2. The Czech Trade Inspection Authority, Central Inspectorate – ADR department, with its registered office at Gorazdova 1969/24, 120 00 Prague 2, email: adr@coi.cz, website: adr.coi.cz, is authorised to settle consumer disputes out of court (ADR). In cases of a consumer dispute between the Seller and the Buyer, the online dispute resolution platform available at http://ec.europa.eu/consumers/odr can also be used.

7.3. The Seller is authorised to sell goods on the basis of a trade licence. The operation of trade is supervised by the competent trade licensing authority within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises, to the specified extent, the compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

7.4. The Buyer hereby assumes the risk of a change in circumstances in terms of Section 1765 (2) of the Civil Code.

8. PERSONAL DATA PROTECTION

8.1. The protection of personal data of an individual Buyer is provided in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data, and Act No. 110/2019 Coll., on personal data processing, as amended. Personal data are processed in accordance with the principles of personal data protection available via the Seller’s Website. 

9. CUSTOMER EXPERIENCE SURVEY

9.1. The Seller surveys satisfaction with the Buyer’s purchase through email questionnaires within the “Ověřeno zákazníky” customer satisfaction programme in which the Seller’s e-shop participates. The Seller sends this questionnaire to you, as the Buyer every time you purchase goods unless you reject our commercial communications or this questionnaire via the Seller’s website within the meaning of Section 7 (3) of Act No. 480/2004 Coll., on certain services of the information society. 

10. DELIVERY OF NOTICES AND DOCUMENTS
10.1. Any notices and documents may be delivered to the Buyer’s Email Address.

11. FINAL PROVISIONS

11.1. Where the relationship established by the Purchase Contract comprises an international (foreign) element, the parties hereby agree that their relationship will be governed by the Czech laws. This will in no way prejudice consumers’ rights under the generally binding legal regulations.

11.2. If any provision of these T&C is or becomes invalid or unenforceable, such invalidity or unenforceability shall in no way prejudice the validity and enforceability of the remaining provisions of these T&C.

11.3. The Seller archives each Purchase Contract, including the T&C, in electronic form that is not publicly accessible.

11.4. Annexed to these T&C is the sample form for withdrawal from the Purchase Contract.

11.5. The Seller may amend or supplement the wording of these T&C and these changes become effective upon publication of the new T&C (as amended) on the Seller’s Website. This provision shall in no way prejudice the rights and obligations established during the term of effect of the previous versions of these T&C.

11.6. Seller’s contact details – mailing address: Creative play s.r.o., Horská 15, 543 02 Vrchlabí, Czech Republic; email address: info@beany.cz; telephone: +420 603 302 316.
These General Terms and Conditions enter into force and effect on 1 May 2025, i.e. the day of their publication at www.beany.cz.

Creative play s.r.o.