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    Terms and Conditions

    These General Terms and Conditions (“Terms”) of GB Moments s.r.o., with its registered office at Evropská 2758/11, Dejvice, 160 00 Prague 6, Company ID No. 196 21 558, registered in the Commercial Register under file no. C 389261 maintained by the Municipal Court in Prague, e-mail obchod@giftbaskets.cz, telephone number +420 725 878 546 (“We” or the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase agreement (the “Agreement”) concluded through the E-shop on the website www.giftbaskets.cz or by another means of distance communication, in particular by e-mail, telephone, social networks or other individual communication.

    All information on the processing of Your personal data is contained in the Personal Data Processing Policy, which can be found here: https://www.giftbaskets.cz/podminky-ochrany-osobnich-udaju/.

    The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are executed in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect rights and obligations arising during the period of effectiveness of any previous version of the Terms.

    As You know, We primarily communicate remotely. Therefore, our Agreement is also governed by the use of means of distance communication, which allow Us to agree with each other without Our and Your simultaneous physical presence, and the Agreement may therefore be concluded both through the E-shop environment and by e-mail, telephone, social networks or other individual distance communication.

    If any part of the Terms contradicts what We have expressly agreed together when concluding the Agreement, that specific agreement will prevail over the Terms.

    I. CERTAIN DEFINITIONS

    1. Price means the financial amount You will pay for the Goods;

    2. Delivery Price means the financial amount You will pay for the delivery of the Goods, including the cost of their packaging;

    3. Total Price means the sum of the Price and the Delivery Price;

    4. VAT means value added tax under applicable legal regulations;

    5. Invoice means a tax document issued in accordance with the Value Added Tax Act for the Total Price;

    6. Order means Your proposal to conclude an Agreement for the purchase of Goods with Us, made through the E-shop or by another means of distance communication;

    7. User Account means an account created on the basis of the data provided by You, which enables the storage of entered data and the storage of the history of ordered Goods and concluded Agreements;

    8. You means a person purchasing goods from the Seller, referred to by legal regulations as the buyer;

    9. Goods means everything You can purchase through the E-shop or on the basis of an individual offer from the Seller;

    10. Consumer means a natural person who, when concluding and performing the Agreement, is not acting within the scope of their business activity or independent professional activity;

    11. Business Buyer means a person who, when concluding and performing the Agreement, acts within the scope of their business activity or independent professional activity.

     

    II. GENERAL PROVISIONS AND INFORMATION

    1. The purchase of Goods is possible through the E-shop web interface as well as by other distance communication, in particular by e-mail, telephone or social networks.

    2. When purchasing Goods, You are obliged to provide Us with all information correctly and truthfully. We will therefore consider the information You provided to Us when ordering the Goods to be correct and truthful.

    3. The Buyer acknowledges that photographs of Goods on the E-shop and in promotional materials may be illustrative. For gift baskets, seasonal assortment and manually assembled Goods, We reserve the right to replace individual temporarily unavailable items with items of a similar nature and of comparable or higher value, while preserving the overall character and purpose of the basket, unless expressly agreed otherwise.

     

    III. CONCLUSION OF THE AGREEMENT

    1. The Agreement with Us may be concluded only in the Czech language.

    2. The Agreement is concluded remotely through the E-shop or another means of distance communication, whereby the costs of using means of distance communication are borne by You. However, these costs do not differ in any way from the basic rate You pay for using these means (in particular for internet access), and therefore You should not expect any additional costs charged by Us beyond the Total Price. By sending the Order, You agree that We use means of distance communication.

    3. In order for Us to conclude the Agreement, You must create an Order proposal. An Order may be made:

    a) through the E-shop; or

    b) by e-mail, telephone, social networks or another individually agreed means of distance communication.

    4. In the case of an Order through the E-shop, the Order proposal must contain in particular the following information:

    a) Information about the Goods being purchased (on the E-shop You indicate the Goods You are interested in purchasing by clicking the “Add to cart” button);

    b) Information about the Price, Delivery Price, method of payment of the Total Price and the requested method of delivery of the Goods; this information will be entered when creating the Order proposal within the user environment of the E-shop, while information about the Price, Delivery Price and Total Price will be displayed automatically based on the Goods and delivery method selected by You;

    c) Your identification and contact details used so that We can deliver the Goods, in particular name, surname, delivery address, telephone number and e-mail address;

    d) In the case of an Agreement under which We will deliver Goods to You regularly and repeatedly, also information about how long We will deliver the Goods to You.

    5. In the case of an Order made by e-mail, telephone, social networks or other individual distance communication, the Order must contain at least a specification of the requested Goods, their quantity, requested delivery method, billing and delivery details and the Buyer’s contact details, or other information We request with regard to the nature of the Order.

    6. During the creation of the Order proposal on the E-shop, You may change and check the data until the Order is created. After checking the data, You send the Order by pressing the “Order binding on payment” button. Before pressing the button, You must also confirm that You have read and agree with these Terms; otherwise, the Order cannot be created. A checkbox is used for this confirmation and consent. After pressing the “Order binding on payment” button, all completed information will be sent directly to Us.

    7. The Order is binding on You at the moment it is sent, or at the moment it is delivered to the Seller. The Agreement is concluded at the moment We confirm receipt of the Order or otherwise expressly confirm that We accept Your order. The automatic confirmation of receipt of the Order itself is not considered acceptance of the proposal to conclude the Agreement, unless it expressly states otherwise.

    8. If the Buyer is a Consumer and the agreement is negotiated by telephone, the offer made during the call will be confirmed to You in text form without undue delay. The Consumer is bound by such offer only after expressing consent electronically or by signing the offer confirmation on paper. If the Buyer is a Consumer and the Agreement is concluded outside the E-shop by e-mail, social networks or other individual distance communication, the Seller will provide the Consumer, before the conclusion of the Agreement or before the Consumer makes a binding order, with the information required by legal regulations and these Terms. The Agreement is concluded when the Seller accepts the Consumer’s order, unless a different procedure is required by the nature of the means of communication used or by legal regulations. After concluding the Agreement, the Seller will send the Consumer confirmation of the concluded Agreement in text form.

    9. We will confirm Your Order to You as soon as possible after it has been delivered to Us, by e-mail or another agreed method. The confirmation will include a summary of the Order and these Terms, where the agreement is concluded by electronic means. Confirmation of the Order by Us results in the conclusion of the Agreement between Us and You. The Terms in the wording effective on the date of the Order form an integral part of the Agreement.

    10. There may be cases where We cannot confirm Your Order. These include, in particular, situations where the Goods are not available or cases where You order a larger number of Goods than We allow. However, We will always provide You with information about the maximum number of Goods in the E-shop in advance, so it should not be surprising to You. If any reason arises for which We cannot confirm the Order, We will contact You and send You an offer to conclude the Agreement in a modified form compared to the Order. In such a case, the Agreement is concluded when You confirm Our offer without reservations.  

    11. If an obviously incorrect Price is stated in the E-shop or in the Order proposal, We are not obliged to deliver the Goods to You for that Price even if You have received confirmation of the Order and the Agreement has therefore been concluded. In such a situation, We will contact You without delay and send You an offer to conclude a new Agreement in a modified form compared to the Order. The new Agreement is concluded when You confirm Our offer without reservations. If You do not confirm Our offer within 3 days of it being sent, We are entitled to withdraw from the concluded Agreement. An obvious error in the Price includes, for example, a situation where the Price does not correspond to the usual price at other sellers, a digit is missing or extra, or the Price is stated in an obviously incorrect currency.

    12. When the Agreement is concluded, You incur an obligation to pay the Total Price.

    13. If You have created a User Account, You may place an Order through it. Even in such a case, however, You are obliged to check the correctness, truthfulness and completeness of the pre-filled data. The method of creating the Order is identical to that for a buyer without a User Account; the advantage is that You do not need to repeatedly enter Your identification details.

    14. In some cases, We allow the use of a discount for the purchase of Goods. To obtain the discount, You must enter the discount data in the designated field when creating the Order proposal. If You do so, the Goods will be provided to You with the discount.

    15. We are entitled, for selected orders, especially (but not exclusively) for custom production, larger corporate orders or orders with individual requirements for the composition or packaging of Goods, to require advance payment of a deposit of up to 100% of the Total Price. Until the required deposit is paid, We are not obliged to start production, assembly or dispatch of the Goods.

    16. In the case of orders including personalisation, branding, individual graphic elements, dedications, cards, prints, logos or other materials supplied by the Buyer, the Buyer is responsible for the correctness, completeness and legal compliance of the provided materials. In particular, the Buyer is responsible for being entitled to use the provided designations, trademarks, logos, texts, photographs and other materials and for ensuring that their use does not infringe the rights of third parties.

    17. If the Buyer is presented with a proof, visualisation, preview or other approval materials for approval, they are considered binding once approved. We are not liable for defects, errors or deficiencies contained in the approved materials, in particular in texts, names, addresses, dates, colours, graphics or placement of elements. Subsequent changes after approval of the materials may be refused or charged according to the costs actually incurred.

     

    IV. INDIVIDUAL ORDERS AND BUYER’S MATERIALS

    1. This article regulates custom gift baskets and other individual orders according to the Buyer’s requirements (especially personalisation, branding, individual basket composition, own packaging, labels, cards and dedications). Unless this article provides otherwise, the general provisions of the Terms apply to individual orders.

    2. Based on the Buyer’s enquiry, We will prepare a price offer containing the specification of the Goods, unit prices, Total Price, delivery conditions, payment conditions and the expected schedule. The price offer is valid for 14 calendar days from its sending, unless stated otherwise in the offer. After this period expires, We are entitled to recalculate the offer, especially with regard to changes in input prices, exchange rate changes and availability of raw materials.

    3. The Agreement for an individual order is formed at the moment of written acceptance of the price offer by the Buyer (confirmation by e-mail is sufficient). The content of the Agreement is determined by the accepted offer and any written agreed final specification. By accepting the offer, the Buyer confirms that they have read these Terms and agree with them.

    4. For individual orders, We are entitled to require a deposit of up to 100% of the Total Price. The advance invoice is payable within 14 days of issue, unless agreed otherwise. We start production, assembly and dispatch only after the deposit is credited to Our account. If the deposit is not paid even within 7 days after the due date, We are entitled to withdraw from the Agreement.

    5. The Buyer undertakes to provide all materials necessary for performance (logo in print quality, texts, dedications, photographs, recipient lists, labels and other materials) no later than within the period agreed in the price offer or schedule. If no period is agreed, the materials must be provided no later than 5 working days before the planned start of assembly.

    6. The Buyer is responsible for: (a) the correctness, completeness and up-to-dateness of the provided materials, in particular recipient lists and contact details; (b) the legal compliance of the materials, in particular that the Buyer is entitled to use logos, trademarks, photographs, texts and other materials and that their use will not infringe the rights of third parties; (c) damage caused by incorrect, incomplete or legally defective materials. The Buyer undertakes to fully indemnify the Seller for all claims of third parties (including legal representation costs) asserted in connection with the use of the provided materials.

    7. Before production begins, the Seller may submit a visualisation, proof, preview or other approval materials to the Buyer for approval. The Buyer is obliged to respond to them (approve them or state requested changes) within 2 working days of their sending, unless agreed otherwise. If this period expires without response, the materials are deemed approved.

    8. After approval of the proof, the materials are binding for both parties. The Seller is not liable for defects, errors or deficiencies contained in the approved materials (in particular in texts, names, addresses, dates, colours, graphics or placement of elements). Changes after approval of the proof are possible only by prior written agreement and may lead to a postponement of the deadline and to the charging of additional costs.

    9. The delivery period starts running from the fulfilment of all prerequisites on the Buyer’s side, in particular payment of the deposit, provision of complete materials and approval of proofs. If the Buyer is in delay with any of these acts, the delivery period is automatically extended at least by the duration of the delay. If the delay lasts longer than 10 working days, We are entitled to withdraw from the Agreement and apply a cancellation fee under Article VII.23 of the Terms.

    10. We are obliged to accept a change of assignment after the Agreement has been formed only if it does not jeopardise the delivery period and if We can align it with the remaining production resources. A change of assignment may be charged according to the costs actually incurred and may affect both the Total Price and the delivery date. Changes of assignment must be confirmed in writing (by e-mail) before they are carried out.

    11. We use the Buyer’s designations, logos, trademarks and other materials exclusively for the performance of the Agreement. After delivery of the order, We are entitled to list the Buyer in a reference overview (business name and, if applicable, logo), unless the Buyer expresses disagreement in writing within 30 days of delivery.

    12. The parties undertake to maintain confidentiality regarding all confidential information of the other party, especially personal data of recipients, recipient lists, content of dedications and business terms of cooperation. The confidentiality obligation continues even after the Agreement ends. Confidential information does not include information that is publicly known or information obtained independently without breach of this obligation.

    V. USER ACCOUNT

    1. Based on Your registration within the E-shop, You may access Your User Account.

    2. When registering a User Account, You are obliged to provide all entered data correctly and truthfully and to update them in the event of any change.

    3. Access to the User Account is secured by a username and password. You are obliged to keep these access details confidential and not provide them to anyone. If they are misused, We bear no liability for such misuse.

    4. The User Account is personal, and You are therefore not entitled to allow third parties to use it.

    5. We may cancel Your User Account, especially if You do not use it for more than 12 months or if You breach Your obligations under the Agreement.

    6. The User Account may not be available continuously, in particular due to necessary maintenance of hardware and software equipment.

    VI. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

    1. The Price is always stated within the E-shop, in the Order proposal and, of course, in the Agreement. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which will always be identical to the price in the Agreement. The Order proposal also states the Delivery Price or the conditions under which delivery is free of charge.

    2. The Total Price includes VAT and all fees required by law.

    3. We will require payment of the Total Price from You after the Agreement is concluded and before the Goods are handed over, unless the parties agree otherwise. You may pay the Total Price by the following methods:

    a) Bank transfer. We will send You the information for making the payment in the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 14 days, unless a different due date is stated on the Invoice.

    b) Cash upon personal collection. Goods may be paid for in cash when collected at Our premises. In the case of payment in cash upon personal collection, the Total Price is payable upon receipt of the Goods.

    4. The Invoice will be issued electronically after payment of the Total Price and sent to Your e-mail address. The Invoice will also be physically attached to the Goods and available in the User Account.

    5. Ownership of the Goods passes to You only after You have paid the Total Price and taken over the Goods. In the case of payment by bank transfer, the Total Price is paid when credited to Our account; in other cases, it is paid at the moment the payment is made.

    6. In the event of delay by a Business Buyer in paying any monetary obligation towards the Seller, We are entitled to suspend performance of all outstanding orders of that Buyer until all due obligations have been fully paid.

     

    VII. DELIVERY OF GOODS, PASSING OF RISK OF DAMAGE TO THE ITEM

    1. The Goods will be delivered to You in the manner of Your choice, while You may choose from the following options:

    a) Personal collection at Our premises at Fráni Šrámka 169, 397 01 Písek;

    b) delivery by a contractual carrier to the address stated in the Order;

    c) Delivery by a transport company agreed in advance and confirmed by e-mail for pallet transport;

    2. Goods may be delivered only within the Czech Republic and the Slovak Republic, unless expressly agreed otherwise between the parties.

    3. The delivery time of the Goods always depends on their availability and the selected delivery and payment method. The expected delivery time of the Goods will be communicated to You in the Order confirmation. The time stated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at the premises, We will always inform You by e-mail when the Goods are ready for collection.

    4. After receiving the Goods from the carrier, You are obliged to check the integrity of the packaging of the Goods and, in the event of any defects, immediately notify the carrier and Us. If there is damage to the packaging indicating unauthorised handling and entry into the shipment, You are not obliged to accept the Goods from the carrier.

    5. If You breach Your obligation to accept the Goods, except in cases under Article VI.4 of the Terms, this does not constitute a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods does not constitute withdrawal from the Agreement between Us and You. In such a case, however, We acquire the right to withdraw from the Agreement due to Your material breach of the Agreement. If We decide to exercise this right, the withdrawal is effective on the day it is delivered to You. Withdrawal from the Agreement does not affect the claim for payment of the Delivery Price, or any claim for damages, if incurred, or the claim for reimbursement of reasonably incurred costs related to unsuccessful delivery, storage or repeated delivery of the Goods.

    6. If, for reasons arising on Your side, the Goods are delivered repeatedly or in a different manner than agreed in the Agreement, You are obliged to reimburse Us for the costs associated with such repeated delivery. We will send the payment details for payment of these costs to Your e-mail address stated in the Agreement, and they are payable within 14 days of delivery of the e-mail.

    7. Passing of the risk of damage to the Goods:

    a) if the Buyer is a Consumer and the Goods are dispatched, the risk of damage passes to the Consumer at the moment of receipt of the Goods from the carrier; this does not apply if the Buyer selected the carrier themselves without that carrier being offered by Us,

    b) if the Buyer is a Business Buyer and the Goods are dispatched, the risk of damage passes to the Buyer when the Goods are handed over to the first carrier for transport, unless expressly agreed otherwise,

    c) in the case of personal collection, the risk of damage passes upon receipt of the Goods, and if You do not collect the Goods on time, it passes to You at the moment You were enabled to dispose of the Goods.

    8. If the Goods were not listed as in stock in the E-shop and an indicative availability period was stated, We will always inform You in the event of:

    a) an extraordinary production outage of the Goods, in which case We will always inform You of the new expected availability period or of the fact that the Goods cannot be delivered;

    b) delay in the delivery of the Goods from Our supplier, in which case We will always inform You of the new expected delivery time.

    9. If We are unable to deliver the Goods to You even within 30 days after the delivery time stated in the Order confirmation has expired, for any reason, both We and You are entitled to withdraw from the Agreement.

    10. The Buyer acknowledges that it is prohibited to sell alcohol to persons under 18 years of age. For this purpose, the employee of the shipping company delivering Goods containing alcohol is entitled to request that the Buyer present a document proving that they have reached the age of 18. If the Goods containing alcohol are delivered directly by the Seller, the Seller has the right to request that the Buyer present a document proving that they have reached the age of 18. If the Buyer fails to present, upon request, a document proving that they have reached the age of 18, the Goods containing alcohol will not be handed over to them.

    11. If, under the Agreement, the Goods are delivered to a third person other than the Buyer (for example, a recipient of a gift), the handover of the Goods to that third person is considered proper fulfilment of Our obligation to deliver the Goods to the Buyer. The Buyer is responsible for the correctness and completeness of the recipient’s details, in particular their name, telephone number and delivery address.

    12. If delivery to a third person fails for reasons on the side of the Buyer or the recipient, in particular due to incorrect details, failure to accept the shipment, absence of the recipient, refusal to accept the shipment or failure to provide necessary cooperation, We are not liable for the impossibility of delivery or for deterioration of the quality of the Goods caused by the nature of the Goods or delay in acceptance. We are entitled to request reimbursement of reasonably incurred costs for unsuccessful delivery, return of the shipment, storage, repeated delivery or other related costs.

    13. In the case of Goods subject to rapid deterioration or with a short shelf life, We are not obliged, in the event of unsuccessful delivery, to re-deliver such Goods, store them for a longer period or provide substitute performance; this does not affect Our obligation to act appropriately according to the nature of the specific case.

     

    VIII. RIGHTS FROM DEFECTIVE PERFORMANCE

    A. RIGHTS FROM DEFECTIVE PERFORMANCE OF A CONSUMER

    1. We are responsible for ensuring that the Goods have no defects upon receipt. In particular, We are responsible for ensuring that the Goods upon receipt correspond to the agreed description, type, quantity and quality, are suitable for the agreed as well as usual purpose and are delivered with the agreed accessories and instructions for use.

    2. If a defect appears within 1 year of receipt, the Goods are presumed to have been defective already upon receipt, unless the nature of the Goods or the defect precludes this.

    3. The Consumer may claim a defect that appears on the Goods within 24 months of receipt. This does not apply to Goods whose nature precludes it, in particular Goods subject to rapid deterioration or Goods consumed before the expiry of this period.

    4. If the Goods have a defect, the Consumer may request its removal. At their choice, the Consumer may request delivery of a new item without defect or repair of the item, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other method.

    5. We may refuse to remove a defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the Goods would have without the defect.

    6. The Consumer may request a reasonable discount or withdraw from the Agreement if:

    a) We refuse to remove the defect or fail to remove it within a reasonable time after it has been claimed,

    b) the defect appears repeatedly,

    c) the defect constitutes a material breach of the Agreement, or

    d) it is apparent from Our statement or from the circumstances that the defect will not be removed within a reasonable time or without considerable difficulties for the Consumer.

    7. The Consumer may not withdraw from the Agreement if the defect is insignificant; it is presumed that the defect is not insignificant.

    8. The Consumer may submit a complaint by sending an e-mail or letter to Our addresses stated in Our identification details, or at the premises, where possible with regard to the sold assortment. In the complaint, it is advisable to state a description of the defect, contact details and the requested method of handling the complaint.

    9. When a complaint is submitted, We will issue the Consumer with confirmation stating the date of submission of the complaint, its content, the requested method of handling the complaint and the Consumer’s contact details for the purpose of providing information about the handling of the complaint.

    10. We will handle the Consumer’s complaint, including removal of the defect, and inform the Consumer of this no later than within 30 days of the date of submission of the complaint, unless We expressly agree on a longer period. If this period expires without result, the Consumer may withdraw from the Agreement or request a reasonable discount.

    11. We will issue the Consumer with confirmation of the date and method of handling the complaint, including confirmation of the repair carried out and its duration, or a written justification for rejecting the complaint.

    12. If the Consumer has claimed the defect legitimately, they are entitled to reimbursement of reasonably incurred costs. The Consumer is obliged to prove these costs.

    13. The Consumer is not entitled to rights from defective performance if they caused the defect themselves, if the defect consists of wear and tear caused by normal use, in the case of a used item wear corresponding to the degree of previous use, or if this follows from the nature of the Goods.

    B. RIGHTS FROM DEFECTIVE PERFORMANCE OF A BUSINESS BUYER

    14. If the Buyer is a Business Buyer, the rights and obligations from defective performance are governed in particular by Sections 2099 to 2117 of the Civil Code, unless these Terms provide otherwise.

    15. The Business Buyer is obliged to inspect the Goods as soon as possible after the risk of damage to the Goods passes and to verify their properties and quantity. Obvious defects must be claimed without undue delay, no later than within 7 working days of receipt of the Goods; if the Goods are intended for later handover to a gift recipient, this period begins on the day when the Buyer demonstrably learns of the defect, but no later than within 14 days of receipt. Hidden defects must be claimed without undue delay after they are discovered, but no later than within 2 years of handover of the Goods, unless the nature of the Goods justifies a shorter period.

    16. In the case of Goods subject to rapid deterioration, fresh food goods, flowers, fruit, sweets with a shorter shelf life or other similar assortment, the Business Buyer is obliged to check the Goods immediately upon receipt and to claim defects without delay; defects claimed later and caused by the nature of the Goods, their storage or improper handling may not be taken into account.

    17. If defective performance constitutes a material breach of the Agreement, the Business Buyer has the rights under Section 2106 of the Civil Code, i.e. the right to removal of the defect by delivery of new Goods without defect or delivery of missing Goods, the right to removal of the defect by repair of the Goods, the right to a reasonable discount from the Price or the right to withdraw from the Agreement. The choice of right must be notified when claiming the defect or without undue delay thereafter.

    18. If defective performance constitutes a non-material breach of the Agreement, the Business Buyer has the rights under Section 2107 of the Civil Code, i.e. the right to removal of the defect or to a reasonable discount from the Price.

    19. The Business Buyer has no rights from defective performance in the case of a defect that they must have recognised with usual attention already when concluding the Agreement, a defect arising after the risk of damage to the Goods has passed, a defect caused by improper storage, handling or use of the Goods, or in the case of ordinary deviations corresponding to the nature of manually assembled or natural assortment.

    20. Unless expressly agreed otherwise between the parties, We do not provide Business Buyers with a quality guarantee.

    21. The Business Buyer is obliged to ensure storage, handling and other treatment of the Goods in accordance with their nature and any instructions of the Seller. In the case of Goods subject to rapid deterioration, food, beverages, flowers and other sensitive items, We are not liable for defects or deterioration arising as a result of unsuitable storage, transport, late receipt, improper handling or other intervention after the risk of damage to the Goods has passed.

    22. In relations with the Business Buyer, We are liable only for actual damage caused by breach of Our obligation, and only up to the amount of the Total Price of the specific performance to which the damage relates. Compensation for lost profit, indirect damage, consequential damage, loss of business opportunity, damage to goodwill and damage arising from the impossibility of further resale or use of the Goods is excluded; this does not apply in cases where such limitation cannot be agreed.

    23. For orders of a Business Buyer that are custom-made, personalised, produced or assembled according to individual requirements, We are entitled, in the event of cancellation of the order by the Buyer, to request a cancellation fee in an amount corresponding to the reasonably incurred costs, but at least 50% of the Total Price if performance, securing of materials, production, assembly, branding, packaging or reservation of capacities or raw materials has already begun; this does not affect the right to compensation for any higher actual damage incurred. 

    IX. WITHDRAWAL FROM THE AGREEMENT

    1. Withdrawal from the Agreement, i.e. termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and in the ways stated in this article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.

    A. WITHDRAWAL FROM THE AGREEMENT BY A CONSUMER

    2. If You are a consumer, i.e. a person purchasing Goods outside the scope of Your business activity, You have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Agreement without giving any reason within 14 days from the date of delivery of the Goods. If We have concluded an Agreement whose subject is several types of Goods or the delivery of several parts of Goods, this period begins only on the date of delivery of the last part of the Goods, and if We have concluded an Agreement under which We will deliver Goods to You regularly and repeatedly, it begins on the date of delivery of the first delivery. You may withdraw from the Agreement by any demonstrable means (in particular by sending an e-mail or letter to Our addresses stated in Our identification details). You may also use the model form provided by Us, which forms Annex No. 2 to the Terms.

    3. Even as a consumer, however, You may not withdraw from the Agreement in cases where the subject of the Agreement is:

    a) Goods whose Price depends on fluctuations in the financial market independent of Our will and which may occur during the withdrawal period;

    b) the delivery of alcoholic beverages that may be delivered only after thirty days and whose Price depends on financial market fluctuations independent of Our will;

    c) Goods that have been modified according to Your requirements or adapted to Your personal needs, in particular individually assembled or modified gift baskets, custom corporate packaging, personalised messages, branding or other individual modifications;

    d) Goods that are subject to rapid deterioration or goods with a short shelf life, as well as Goods that, after delivery, have been inseparably mixed with other Goods due to their nature;

    e) Goods in sealed packaging which are not suitable for return for health protection or hygiene reasons after the packaging has been opened;

    f) the delivery of audio or video recordings or computer software if the original packaging has been opened;

    g) the delivery of newspapers, periodicals or magazines;

    h) the delivery of digital content if it was not supplied on a tangible medium and was supplied with Your prior express consent before expiry of the withdrawal period and We informed You that You have no right to withdraw from the Agreement.

    4. The withdrawal period under Article IX.2 of the Terms is considered preserved if You send Us notice during that period that You are withdrawing from the Agreement.

    5. In the event of withdrawal from the Agreement, the Price will be returned to You within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected in the withdrawal from the Agreement. However, the amount will not be returned before You return the Goods to Us or prove that they have been sent back to Us. Please return the Goods to Us clean and, if possible, including the original packaging.

    6. In the event of withdrawal from the Agreement under Article IX.2 of the Terms, You are obliged to send the Goods to Us within 14 days of withdrawal and You bear the costs associated with returning the goods to Us. Conversely, You are entitled to have the Delivery Price refunded, but only in the amount corresponding to the cheapest delivery method for the Goods that We offered. In the event of withdrawal because We breach the concluded Agreement, We also bear the costs associated with returning the goods to Us, but again only up to the Delivery Price corresponding to the cheapest delivery method for the Goods that We offered when delivering the Goods.

    7. You are liable to Us for damage in cases where the Goods are damaged as a result of Your handling them in a manner other than necessary with regard to their nature and properties. In such a case, We will charge You for the damage caused after the Goods are returned to Us, and the charged amount is payable within 14 days. If We have not yet refunded the Price to You, We are entitled to set off the claim for costs against Your claim for refund of the Price.

    B. WITHDRAWAL FROM THE AGREEMENT BY A BUSINESS BUYER

    8. If the Buyer is a Business Buyer, the Buyer may withdraw from the Agreement only in cases provided for by legal regulations or these Terms. The Business Buyer is not entitled to withdraw from the Agreement without giving any reason within 14 days.

    C. WITHDRAWAL FROM THE AGREEMENT BY THE SELLER

    9. We are entitled to withdraw from the Agreement at any time before We deliver the Goods to You if there are objective reasons why the Goods cannot be delivered (especially reasons on the side of third parties or reasons arising from the nature of the Goods), even before the expiry of the period stated in Article VI.9 of the Terms. We may also withdraw from the Agreement if it is obvious that You deliberately provided incorrect information in the Order. In relations with a Business Buyer, We are further entitled to withdraw from the Agreement especially in the event of: (a) the Buyer’s delay in paying the deposit or any due amount by more than 7 days, (b) the Buyer’s delay in providing materials, approving the proof or providing cooperation by more than 10 working days, (c) inability to secure raw materials or components necessary to fulfil the order under reasonable conditions, (d) force majeure lasting for the period stated in Article XI.4 of the Terms, or (e) another material breach of the Agreement by the Buyer. In the event of withdrawal after production has started, We will charge the Buyer for the reasonably incurred costs, or a cancellation fee under Article VII.23 of the Terms.

     

    X. RESOLUTION OF DISPUTES WITH CONSUMERS

    1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

    2. We handle consumer complaints through the e-mail address obchod@giftbaskets.cz Information on the handling of the complaint will be sent to the buyer’s e-mail address.

    3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No. 000 20 869, website: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the Agreement.

    4. Cross-border consumer disputes within the European Union may also be consulted by the Consumer with the European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website www.evropskyspotrebitel.cz.

     

    XI. FINAL PROVISIONS

    1. If Our and Your legal relationship contains an international element (for example, if We send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if You are consumers, this arrangement does not affect Your rights arising from legal regulations.

    2. We will deliver all written correspondence to You by electronic mail. Our e-mail address is stated in Our identification details. We will deliver correspondence to Your e-mail address stated in the Agreement, in the User Account or through which You contacted Us.

    3. The Agreement may be amended only on the basis of Our written agreement. However, We are entitled to amend and supplement these Terms; such amendment will not affect already concluded Agreements, but only Agreements concluded after the amendment becomes effective. We will inform You of the amendment only if You have created a User Account (so that You have this information if You order new Goods; however, the amendment does not establish a right of termination, since We do not have an Agreement that could be terminated), or if under the Agreement We are to deliver Goods to You regularly and repeatedly. We will send information about the amendment to Your e-mail address at least 14 days before the amendment becomes effective. If We do not receive from You, within 14 days of sending the information about the amendment, a termination notice of the concluded Agreement for regular and repeated deliveries of Goods, the new terms become part of Our Agreement and apply to the next delivery of Goods following the effectiveness of the amendment. The notice period, if You give notice, is 2 months.

    4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, supplier outages, etc.), We are not liable for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 30 days, both We and You have the right to withdraw from the Agreement.

    5. If any provision of the Terms or the Agreement becomes invalid, ineffective or unenforceable, this has no effect on the validity of the remaining provisions. The parties undertake to replace such provision with a similar arrangement that best corresponds to the economic purpose of the original provision and complies with legal regulations.

    6. For disputes between the Seller and a Business Buyer, in accordance with Section 89a of Act No. 99/1963 Coll., the Code of Civil Procedure, the court with local jurisdiction shall be the general court of the Seller. This arrangement does not affect the rights of the Consumer.

    7. The Business Buyer is not entitled to unilaterally set off their claims against the Seller’s claims or assign the Agreement or claims arising from it to a third party without the Seller’s prior written consent. The Seller is entitled to assign claims arising from the Agreement even without the Buyer’s consent.

    8. In the event of delay by a Business Buyer in paying any due monetary amount, the Seller is entitled to request default interest in the statutory amount and, in addition, a contractual penalty of 0.05% of the outstanding amount for each commenced day of delay. This does not affect the right to compensation for damage in full.

    9. The Annex to the Terms is a model complaint form and a model withdrawal form.

    10. The Agreement, including the Terms, is archived electronically by Us, but is not accessible to You. However, You will always receive these Terms and the Order confirmation with the Order summary by e-mail, and therefore You will always have access to the Agreement even without Our cooperation. We recommend always saving the Order confirmation and the Terms.

    11. These Terms become effective on 1 June 2026.

     

     

     

    ANNEX NO. 1 – COMPLAINT FORM

    You may also download the complaint form at this link.

    Addressee:                  GB Moments s.r.o., Evropská 2758/11, Dejvice, 160 00 Prague 6

    Submission of complaint

    Date of conclusion of the Agreement:

     

    Name and surname:

     

    Address:

     

    E-mail address:

     

    Goods being complained about:

     

    Description of defects of the Goods:

     

    Proposed method of handling the complaint, or bank account number for provision of a discount:

     

    At the same time, I request the issuance of confirmation of the submission of the complaint, stating when I exercised this right, what the content of the complaint is, together with my claim, including the date and method of handling the complaint.

     

    Date:

    Signature:

     

     

     

    ANNEX NO. 2 – WITHDRAWAL FORM

    You may also download the withdrawal form at this link.

    Addressee:                 GB Moments s.r.o., Evropská 2758/11, Dejvice, 160 00 Prague 6

    I hereby declare that I withdraw from the Agreement:

    Date of conclusion of the Agreement:

     

    Name and surname:

     

    Address:

     

    E-mail address:

     

    Specification of the Goods to which the Agreement relates:

     

    Method for refunding the received funds, or bank account number:

     

     

    If the buyer is a consumer and has ordered goods through the e-shop of GB Moments s.r.o. (the “Company”) or another means of distance communication, they have the right, except in the cases specified in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from the already concluded purchase agreement within 14 days from the date of receipt of the goods, without giving any reason and without any penalty. The buyer shall notify the Company of such withdrawal in writing to the Company’s premises address or electronically to the e-mail stated in the model form.

    If a buyer who is a consumer withdraws from the purchase agreement, they shall send or hand over to the Company, without undue delay and no later than within 14 days of withdrawal from the purchase agreement, the goods received from the Company.

    If a buyer who is a consumer withdraws from the purchase agreement, the Company shall return to them, without undue delay and no later than within 14 days of withdrawal from the purchase agreement, all funds (the purchase price of the delivered goods) including delivery costs received from them under the purchase agreement, in the same manner. If the buyer selected a delivery method other than the cheapest delivery method offered by the Company, the Company shall return to the buyer the delivery costs only in the amount corresponding to the cheapest offered delivery method. The Company is not obliged to return the received funds to the buyer before the buyer hands over the goods to the Company or proves that they have sent the goods to the Company.

     

    Date:

    Signature:

     

    Grafický návrh vytvořil a nakódoval Shoptak.cz