TERMS & CONDITIONS
Please read these Terms and Conditions because you will be deemed to have read and accepted these Terms and Conditions when you confirm an order for the hire of the equipment and by making payment. Once we have accepted your order/payment there will be a legally enforceable agreement between you and us for the hire of the equipment on these Terms and Conditions. If you are not sure about anything, email us on firstname.lastname@example.org
These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
BABY ON WHEELS is a trading name of LORA TOUR s.r.o. , registered seat Holečkova 2284/78, Smíchov, 150 00 Praha 5, Identification Number 27935159, registered with the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 127627, webpage www.babyonwheels.cz (the Supplier or us or we).
These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation;
Services means the services, including any Goods, of the number and description set out in the Order.
The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
You are responsible for checking the rented goods immediately upon delivery to ensure it is undamaged, in good working order and fit for the intended purpose. You will notify us on the day of delivery if this is not the case.
You are responsible for ensuring that the goods are used in a safe and sensible manner, used only for the purpose for which it is supplied and in accordance with the manufacturer’s instructions where necessary.
It is your responsibility to provide adequate supervision where appropriate.
BASIS OF SALE
The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
FEES AND PAYMENT
The fees (Fees) for the Services, the price of any Goods (if not included in the Fees), refundable deposit and any additional delivery or other charges is that we agree in writing.
Payment must be made immediately at the point of sale. You must pay by one of our preferred payment methods unless otherwise arranged. We accept payments online using Visa; MasterCard credit/debit card and direct bank transfer in EUR (€).
We will deliver the Services, including any Goods, to the Delivery Location in Prague. Delivery and collection is only possible between 8:00 and 20:00.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
We do not generally deliver to addresses outside of Prague (except for the Vaclav Havel Airport Prague) . If, however, we accept an Order for delivery outside that area, you may need to pay a special delivery charge.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
DAMAGE AND GOODS CONDITION
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
For any goods that are rented, you will be responsible for any loss or breakage. The rented goods must be returned in the same condition as it was handed out to you (considering fair wear and tear).After the rental period, we will do an inspection of such goods and be in contact regarding any missing or broken items. If the goods are not returned in the condition in which it was hired to you, for whatever reason, we reserve the right to retain the deposit paid by you. The liability on any item will be limited to the cost price of replacing the item.
If the equipment is returned excessively soiled or stained (including vomit, chewing gum or sweets, stickers, crayons, markers, urine, fecal matter or any difficult to remove substance, or any item returned with an odor resulting from cigarette smoke), we will take 35EUR cleaning fee out of your refundable deposit.
WITHDRAWAL AND CANCELLATION
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
If you wish to cancel or amend the Contract, you are entitled to do so and the following refund guidelines apply:
- Cancelation more than 7 days prior to delivery: 100% refund
- Cancellation 7 – 3 days prior to delivery: 50% refund
- Cancellation 1 – 2 days prior to delivery: 25% refund
- Cancellation on the day will result in 0% refund.
Cancellations must be submitted in writing to BABY ON WHEELS via the “contact us” link and we will confirm back to you via written confirmation email. Any early returns upon your own choice after the commencement of Services will not be entitled to any refund.
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you hire or buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
We will supply the Services with reasonable skill and care.
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel below.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for any other matter where it is not permitted to exclude or limit one’s liability under law.
We are not liable for any indirect or consequential losses. Subject to the foregoing clause, we will have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with this Contract.
For the avoidance of doubt, we act solely as a supplier of the Goods on our website (www.babyonwheels.cz) and, as such, are not responsible for any defects, faults or issues with the Goods as a result of their manufacture.
Furthermore, we are not liable for any loss or damage incurred or suffered:
- as a result of a Consumer failing to follow the relevant manufacturer’s instructions for any Goods hired;
- as a result of a Consumer failing to follow the relevant government (or other third party) guidance as provided on our website in relation to particular Goods;
- following delivery of the Goods to the Delivery Location. For the avoidance of doubt, the Consumer is responsible for the Goods once they are delivered to the Delivery Location, whether they are received by the Consumer themselves, a host/concierge service, reception worker or other individual who may be receiving deliveries at the Delivery Location; or
- as a result of any incorrect choice of Goods based on a child’s age or size or the incorrect installation or fitting of any Goods (as applicable) following delivery. In the event that you seek our advice as to how to fit, install or use any of our Goods, we will provide you with general guidance on these processes but note that this is not to be relied upon as professional advice and we are not responsible for any loss or damage incurred as a result of any direction given to you by us in this regard.
We shall ensure that while the Goods are in our possession, they are handled and stored in accordance with the manufacturer’s instructions.
We shall perform visual inspections of most of our Goods (where possible) prior to our hiring out of them to Consumers in order to check that there are no visible faults or defects with the products. Please note, that we are not liable for any inherent faults or defects in the Goods or for any defects that are not visible to the human eye on a reasonable inspection of such Goods.
GOVERNING LAW, JURISDICTION AND COMPLAINTS
The Contract (including any non-contractual matters) is governed by the law of the Czech Republic.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.