TERMS AND CONDITIONS of ADRI Ltd.
with registered office at Drtinova 11, 150 00 Prague 5
identification number: 64579883
registered in the Commercial Register: Section C, File 40721 maintained by the Municipal Court in Prague
for the sale of goods via the online store
1. Introductory Provisions
1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of ADRI Ltd., with registered office at Drtinova 11, 150 00 Prague 5, identification number: 64579883, registered in the Commercial Register maintained by the Municipal Court, Section C, File 40721 (hereinafter referred to as the "Seller") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") via the Seller's online store. The online store is operated by the Seller on the website located at nemcovaanna (hereinafter referred to as the "Website"), through the Website interface (hereinafter referred to as the "Online Store Interface").
1.2. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person acting in the course of ordering goods as part of their business activities or as part of their independent practice of a profession.
1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous wording of the Terms and Conditions.
2. User Account
2.1. Based on the Buyer's registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as the "User Account"). If the Online Store Interface allows it, the Buyer can also order goods without registration directly from the Online Store Interface.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the User Account in case of any changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer is not authorized to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than [time period], or if the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to necessary maintenance of the Seller's hardware and software, or necessary maintenance of third-party hardware and software.
3. Conclusion of the Purchase Contract
3.1. All presentations of goods placed in the Online Store Interface are informative and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of Section 1732(2) of the Civil Code do not apply.
3.2. The Online Store Interface contains information about the goods, including the prices of individual goods and the costs of returning the goods if these goods cannot be returned by ordinary postal means due to their nature. The prices of goods include value-added tax and all related fees. The prices of goods remain valid as long as they are displayed in the Online Store Interface. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually agreed conditions.
3.3. The Online Store Interface also contains information about the costs associated with packaging and delivering the goods. Information about the costs associated with packaging and delivering the goods listed in the Online Store Interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer fills out the order form in the Online Store Interface. The order form contains information about:
3.4.1. the ordered goods (the Buyer "places" the ordered goods into the electronic shopping cart of the Online Store Interface),
3.4.2. the method of payment of the purchase price of the goods, information about the required delivery method of the ordered goods, and
3.4.3. information about the costs associated with delivering the goods (collectively referred to as the "Order").
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order, even with regard to the Buyer's ability to detect and correct errors made during data entry into the Order. The Buyer sends the Order to the Seller by clicking on the "Complete Order" button. The data provided in the Order is considered correct by the Seller. The Seller will immediately confirm the receipt of the Order to the Buyer by electronic mail to the Buyer's email address provided in the User Account or in the Order (hereinafter referred to as the "Buyer's Email Address").
3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the Order (for example, in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer arises upon the delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's Email Address.
3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) are borne by the Buyer themselves, and these costs do not differ from the basic rate.
4. Price of Goods and Payment Terms
4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract can be paid by the Buyer to the Seller in the following ways:
- in cash at the Seller's premises at Drtinova 11, 150 00 Prague 5;
- in cash on delivery at the location specified by the Buyer in the Order;
- cashless transfer to the Seller's account no. 2601341205 / 2010, maintained by FIO Bank (hereinafter referred to as the "Seller's Account");
- cashless through the Global Payments system;
- cashless by payment card.
4.2. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The Seller does not require the Buyer to pay a deposit or any similar payment. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In case of payment in cash or payment on delivery, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within 2 days from the conclusion of the Purchase Contract.
4.5. In case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's Account.
4.6. The Seller is entitled, especially if the Buyer does not confirm the Order additionally (Article 3.6), to demand payment of the full purchase price before sending the goods to the Buyer. The provisions of Section 2119(1) of the Civil Code do not apply.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.8. If it is customary in business relations or if stipulated by generally binding legal regulations, the Seller will issue a tax document – an invoice – to the Buyer regarding payments made under the Purchase Contract. The Seller is a VAT payer. The tax document – invoice – will be issued by the Seller to the Buyer after the price of the goods has been paid and sent in electronic form to the Buyer's Email Address.
4.9. According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenue with the tax administrator online; in case of a technical outage, within 48 hours at the latest.
5. Withdrawal from the Purchase Contract
5.1. The Buyer acknowledges that, according to Section 1837 of the Civil Code, among other things, it is not possible to withdraw from the Purchase Contract for the delivery of goods that have been modified according to the Buyer's wishes or for their person, from the Purchase Contract for the delivery of perishable goods as well as goods that have been irreversibly mixed with other
goods after delivery, from the Purchase Contract for the delivery of goods in sealed packaging that the consumer removed from the packaging and cannot be returned for hygienic reasons, and from the Purchase Contract for the delivery of audio or video recordings or computer programs if they breached their original packaging.
5.2. If it is not the case referred to in Article 5.1 or another case where it is not possible to withdraw from the Purchase Contract, the Buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days from the receipt of the goods, where, if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence.
5.3. To withdraw from the Purchase Contract, the Buyer can use the sample form provided by the Seller, which forms an attachment to the Terms and Conditions. The Buyer can send the withdrawal from the Purchase Contract to the address of the Seller's premises or to the Seller's electronic mail address.
5.4. In case of withdrawal from the Purchase Contract according to Article 5.2 of the Terms and Conditions, the Purchase Contract is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal means due to their nature.
5.5. In case of withdrawal from the Purchase Contract according to Article 5.2 of the Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Contract by the Buyer in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the payment provided by the Buyer already upon returning the goods by the Buyer or in another manner if the Buyer agrees and if no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller or proves that the goods have been sent to the Seller.
5.6. The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the Buyer's claim for the return of the purchase price.
5.7. Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller will return the purchase price to the Buyer without undue delay, cashless to the account specified by the Buyer.
5.8. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a dissolving condition that if the Buyer withdraws from the Purchase Contract, the gift agreement regarding such a gift loses its effect and the Buyer is obliged to return the provided gift together with the goods to the Seller.
6. Transportation and Delivery of Goods
6.1. If the mode of transport is agreed upon based on the Buyer's special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the Seller is obliged to deliver the goods to a place specified by the Buyer in the Order according to the Purchase Contract, the Buyer is obliged to take over the goods upon delivery.
6.3. In the event that, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different delivery method.
6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods, and in case of any defects, to immediately notify the carrier. In the event of finding packaging damage indicating unauthorized entry into the shipment, the Buyer may not take over the shipment from the carrier.
6.5. Other rights and obligations of the parties during the transportation of goods may be regulated by the Seller's special delivery conditions if issued by the Seller.
7. Rights from Defective Performance
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is responsible to the Buyer that, at the time the Buyer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties, and if such an agreement is missing, the goods have the characteristics described by the Seller or the manufacturer or expected by the Buyer considering the nature of the goods and based on the advertisement carried out by them,
7.2.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of this type are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or model if the quality or design was determined according to the agreed sample or model,
7.2.4. the goods are in the appropriate quantity, measure, or weight, and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions stated in Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price due to a defect for which a lower price was agreed, to wear and tear of goods caused by their usual use, to used goods due to a defect corresponding to the degree of use or wear that the goods had when taken over by the Buyer, or if it results from the nature of the goods.
7.4. If a defect becomes apparent within six months of receipt, the goods are considered to have been defective upon receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. The Buyer's rights arising from defective performance are exercised at the Seller's address where the acceptance of complaints is possible regarding the range of goods sold, possibly at the registered office or place of business. The moment the Seller receives the goods in complaint from the Buyer is considered the moment of exercising the right from defective performance.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.
8. Other Rights and Obligations of the Contracting Parties
8.1. The Buyer acquires ownership of the goods by paying the entire purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. The handling of consumer complaints is ensured by the Seller via the electronic address info@adri.cz. The Seller sends information about the settlement of the Buyer's complaint to the Buyer's electronic address.
8.4. The Seller is entitled to sell goods based on a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, within the defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9. Protection of Personal Data
9.1. Its obligation regarding the protection of the Buyer's personal data is fulfilled by the Seller in the separate document "Privacy Policy".
10. Sending Commercial Messages and Storing Cookies
10.1. The Buyer agrees to the sending of information related to the goods, services, or business of the Seller to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address.
10.2. The Buyer agrees to the storage of cookies on their computer. In case it is possible to make a purchase on the Website and fulfill the Seller's obligations under the Purchase Contract without the storage of cookies on the Buyer's computer, the Buyer may revoke the consent according to the previous sentence at any time.
11. Delivery
11.1. The Buyer can be delivered to the Buyer's electronic address.
12. Final Provisions
12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is invalid or ineffective or becomes such, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. The attachment to the Terms and Conditions is a sample form for withdrawal from the Purchase Contract.
Contact Information: ADRI Ltd.
Address: Drtinova 11, 150 00 Prague 5
Email: anna.nemcova.fox@gmail.com
Phone: +420 602224614