Terms and Conditions
O my dear s.r.o.
Registered office: Na Fialce I 1555/67, 163 00 Prague, Czech Republic
Company ID (IČO): 09398082
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 335740
These Terms and Conditions govern the sale of goods through the online store available at:
1. Introductory Provisions
1.1 These Terms and Conditions (“Terms”) of O my dear s.r.o., with its registered office at Na Fialce I 1555/67, Prague 6, Company ID No. 09398082, VAT ID No. CZ09398082 (the “Seller”), govern the mutual rights and obligations of the Seller and a natural person (the “Buyer”) arising from or in connection with a purchase agreement (the “Purchase Agreement”) concluded through the Seller’s online store. The online store is operated via the website located at www.omydear.cz (the “Website”) through its online shopping interface.
1.2 These Terms do not apply where the person purchasing goods is a legal entity or a person acting within the scope of their business or professional activity.
1.3 Any provisions deviating from these Terms may be agreed in the Purchase Agreement. Such provisions shall prevail over these Terms.
1.4 These Terms form an integral part of the Purchase Agreement. The Purchase Agreement and these Terms are drafted in the Czech language. Purchase Agreements are concluded in Czech.
1.5 The Seller reserves the right to amend or supplement these Terms. Such amendments shall not affect rights and obligations arising during the validity of previous versions of these Terms.
2. Conclusion of the Purchase Agreement
2.1 All presentations of goods displayed in the online store are for informational purposes only. The Seller is not obliged to conclude a Purchase Agreement regarding any displayed goods.
2.2 The online store contains information about the goods offered, including prices and, where applicable, the costs of returning goods that cannot be returned by standard postal services. All prices are stated inclusive of VAT and all applicable charges. Prices remain valid for the period during which they are displayed on the Website. The Seller reserves the right to conclude Purchase Agreements under individually negotiated conditions.
2.3 The Website also provides information regarding packaging and delivery costs. The stated delivery charges apply only to deliveries within the Czech Republic.
2.4 To place an order, the Buyer completes the online order form available through the Website. The order form includes, in particular:
- the selected goods (added to the shopping cart);
- the chosen payment method;
- the preferred delivery method; and
- information regarding delivery costs.
These details together constitute the “Order.”
2.5 Before submitting the Order, the Buyer has the opportunity to review and modify the entered information and correct any errors made while completing the Order. The Order is submitted by clicking the “Submit Order” button. The Seller considers all information provided in the Order to be correct. Upon receipt of the Order, the Seller will promptly confirm its receipt by email to the email address provided by the Buyer.
2.6 Depending on the nature of the Order (particularly the quantity of goods, total purchase price, or anticipated shipping costs), the Seller may request additional confirmation of the Order by email or telephone.
2.7 The contractual relationship between the Seller and the Buyer is established upon the Seller’s acceptance of the Order, which is sent to the Buyer by email.
2.8 The Buyer agrees to the use of distance communication methods when concluding the Purchase Agreement. Any costs incurred by the Buyer in connection with the use of such communication methods (including internet access or telephone charges) shall be borne by the Buyer. These costs do not differ from the Buyer’s standard service charges.
3. Prices and Payment Terms
3.1 The Buyer may pay the purchase price of the goods, together with any delivery costs under the Purchase Agreement, by bank transfer to the Seller’s account No. 2601849068/2010, held with Fio Bank (the “Seller’s Account”).
3.2 In addition to the purchase price, the Buyer shall pay the agreed costs associated with packaging and delivery. Unless expressly stated otherwise, all references to the purchase price include delivery costs.
3.3 The Seller does not require any advance payment or deposit. This does not affect the Seller’s right to require payment before dispatch where provided for under these Terms.
3.4 If payment is made on delivery (cash on delivery), the purchase price is payable upon receipt of the goods. If payment is made by bank transfer, the purchase price is due within seven (7) days from the conclusion of the Purchase Agreement.
3.5 When paying by bank transfer, the Buyer shall include the appropriate payment reference number. The Buyer’s payment obligation is fulfilled when the relevant amount is credited to the Seller’s Account.
3.6 The Seller reserves the right to require full payment before dispatching the goods, particularly where the Buyer has failed to provide additional confirmation of the Order as requested.
3.7 Any discounts granted by the Seller may not be combined unless expressly agreed otherwise.
3.8 Where required by law or customary business practice, the Seller shall issue a tax document (invoice) to the Buyer after payment has been received. The invoice will be sent electronically to the Buyer’s email address.
4. Right of Withdrawal
4.1 The Buyer acknowledges that, pursuant to applicable law, it is not possible to withdraw from a Purchase Agreement for goods that have been manufactured or customised according to the Buyer’s individual requirements or clearly personalised for the Buyer.
4.2 Unless one of the statutory exceptions applies, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receiving the goods.Where the Purchase Agreement covers several types of goods or multiple deliveries, the withdrawal period begins on the day the final item is received. The notice of withdrawal must be sent before the expiry of the withdrawal period. The Buyer may send the notice of withdrawal by email to info@omydear.cz or by post to the Seller’s correspondence address.
4.3 If the Buyer withdraws from the Purchase Agreement, the Agreement shall be cancelled from the outset. The Buyer must return the goods to the Seller within fourteen (14) days of notifying the Seller of the withdrawal. The Buyer bears the direct cost of returning the goods, including where the goods cannot, by their nature, be returned by ordinary postal services.
4.4 The Seller shall refund all payments received from the Buyer within fourteen (14) days of receiving the notice of withdrawal. The refund will be made using the same payment method originally used by the Buyer unless another method is agreed without additional cost to the Buyer. The Seller may withhold the refund until the returned goods have been received or until the Buyer provides proof that the goods have been dispatched back to the Seller, whichever occurs first.
4.5 The Seller is entitled to offset any compensation for damage to returned goods against the amount to be refunded to the Buyer.
4.6 The Seller may withdraw from the Purchase Agreement at any time before the Buyer takes possession of the goods. In such a case, any payments already received will be refunded without undue delay using the payment method agreed with the Buyer.
4.7 If the Buyer received a free gift together with the purchased goods, the gift agreement is concluded subject to the condition that, should the Buyer withdraw from the Purchase Agreement, the gift agreement shall automatically terminate. The Buyer is therefore required to return the gift together with the returned goods.
5. Delivery of Goods
5.1 Where the Buyer requests a specific method of delivery, the Buyer bears any risks and additional costs associated with that delivery method.
5.2 If the Seller is obliged under the Purchase Agreement to deliver the goods to the address specified by the Buyer, the Buyer is required to accept delivery.
5.3 If, for reasons attributable to the Buyer, it is necessary to deliver the goods repeatedly or by a method other than originally agreed, the Buyer shall bear any additional delivery costs incurred.
5.4 Upon receipt of the goods from the carrier, the Buyer shall inspect the packaging for damage. If any damage is apparent, the Buyer should notify the carrier immediately. Where the packaging clearly indicates unauthorised interference with the shipment, the Buyer may refuse to accept the delivery.
5.5 Any additional rights and obligations relating to the transport and delivery of goods may be governed by the Seller’s separate delivery terms, where applicable.
6. Defective Performance and Consumer Rights
6.1 The rights and obligations of the Seller and the Buyer regarding defective performance shall be governed by the applicable legislation of the Czech Republic, in particular the relevant provisions of the Czech Civil Code and the Consumer Protection Act.
6.2 The Seller is responsible for ensuring that the goods are free from defects at the time the Buyer takes delivery.
In particular, the Seller guarantees that, upon receipt:
- the goods possess the agreed characteristics or, where no characteristics have been expressly agreed, the characteristics described by the Seller or manufacturer and reasonably expected by the Buyer;
- the goods are suitable for the purpose stated by the Seller or for the usual purpose of goods of the same type;
- the quality and design correspond to any agreed sample or model;
- the goods are supplied in the agreed quantity, dimensions, or weight; and
- the goods comply with all applicable legal requirements.
6.3 The Seller is not liable for defects resulting from normal wear and tear, defects for which a reduced purchase price was agreed, or defects corresponding to the degree of use of second-hand goods.
6.4 If a defect becomes apparent within six months of delivery, it is presumed to have existed at the time of delivery unless proven otherwise. The Buyer may exercise their statutory rights in respect of defects appearing within twenty-four (24) months of receiving the goods.
6.5 Claims relating to defective goods may be submitted to the Seller at the Seller’s registered office or any location designated by the Seller for handling complaints.
7. Other Rights and Obligations
7.1 Ownership of the goods passes to the Buyer upon full payment of the purchase price.
7.2 The Seller is not bound by any voluntary codes of conduct in relation to consumers.
7.3 Consumer complaints may be submitted by email to info@omydear.cz. The Seller will inform the Buyer of the outcome of the complaint using the Buyer’s email address.
7.4 Consumers have the right to seek out-of-court dispute resolution through the Czech Trade Inspection Authority (Česká obchodní inspekce).
The European Commission’s Online Dispute Resolution platform is available at:
https://ec.europa.eu/consumers/odr
7.5 The Seller conducts its business under the relevant Czech trade licence. Supervision of trade licensing is carried out by the competent Trade Licensing Office, while consumer protection is supervised by the Czech Trade Inspection Authority.
8. Privacy and Personal Data
The Seller processes the Buyer’s personal data in accordance with the applicable data protection legislation, including the General Data Protection Regulation (GDPR) and related Czech legislation.
Personal data are processed solely for the purposes of:
- fulfilling the Purchase Agreement;
- processing orders and payments;
- delivering goods;
- handling customer enquiries and complaints;
- complying with legal obligations; and
- sending marketing communications where the Buyer has given the necessary consent or where permitted by law.
The Buyer is responsible for ensuring that all personal information provided is accurate and up to date.
The Seller may share personal data only with service providers necessary for fulfilling the Purchase Agreement (such as delivery companies and payment providers) or where required by law.
Further information regarding the processing of personal data is available in the Seller’s separate Privacy Policy.
9. Marketing Communications and Cookies
The Buyer agrees to receive information relating to the Seller’s goods, services, and business activities by email where permitted by applicable law.
The Website uses cookies to ensure its proper functioning, improve user experience, analyse website traffic, and personalise content.
More information can be found in the Seller’s Cookie Policy.
10. Final Provisions
10.1 These Terms and any Purchase Agreement concluded between the Seller and the Buyer are governed by the laws of the Czech Republic.
10.2 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain valid and effective.
10.3 The Purchase Agreement, including these Terms, is stored electronically by the Seller and is not publicly accessible.
10.4 Seller’s contact details:
O my dear s.r.o.
Correspondence address: Jana Baťková, Na Fialce I 1555/67, 163 00 Prague, Czech Republic
Email: info@omydear.cz