Terms and Conditions

General Terms and Conditions and Consumer Information for the www.adonio.cz Online Store

 

  1. Part: Information for consumers upon entering into a contract for the purchase of goods:

 

Who is a consumer? A consumer is a customer who is a natural person and purchases or orders goods or services from a businessperson not within the scope of their business activity or self-employment. A consumer therefore acquires goods or services for their own personal consumption or for the consumption of another natural person (e.g., for a minor child or as a gift). Before concluding the contract, the consumer has the right to be provided with information by the businessperson, in this case by ADONIO INVEST s.r.o., ID No.: 17244820, (hereinafter also referred to as "seller"). The seller provides this information for customers in the position of consumers on its website www.adonio.cz, and also within these terms and conditions, which are also permanently published on the said website, which also functions as the seller's online store.

 

Seller's identification data:   

 

ADONIO INVEST s.r.o.

registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 368818

registered office address: Újezd 427/28, Malá Strana, 118 00, Prague 1

ID No.: 17244820

 

Seller's contact and delivery details:

 

email: info@adonio.cz

website: www.adonio.cz

 

Seller's bank details:

 

Account number: 2002243427/2010

IBAN:CZ76 2010 0000 0020 0224 3427

BIC/SWIFT: FIOBCZPPXXX

Currency: CZK

 

 

ADONIO INVEST s.r.o., as the seller, makes these terms and conditions available to those interested in purchasing goods on its website www.adonio.cz, as well as all important consumer information that must be provided to consumers before concluding a contract for the purchase of goods, or before submitting an order. This information includes:

 

  1. Information about the seller's identity and its contact and delivery details (see above)
  2. Information about the main characteristics of the goods
  3. Information about the total price and delivery costs
  4. Information about the payment method, and delivery method and time
  5. A sample instruction on the possibility of withdrawing from the contract, including a sample withdrawal form

 

Consumers will obtain the information listed above under points b), c), d) on the seller's website when searching for goods, selecting goods for order, and filling in the details for ordering goods. The instruction on the consumer's right to withdraw from the contract according to point d) is published on the seller's website under a separate functional link, and basic information regarding the right to withdraw is also provided in Article IV. of these terms and conditions (see below). Similarly, the following additional information for consumers is also separately provided in these terms and conditions:

 

  • Information about the costs associated with returning goods (see Article VI. Withdrawal from the contract for consumers, return of goods and costs of return)
  • Information about rights arising from defective performance (see Article VII. Rights from defective performance)
  • Information about the method and conditions of out-of-court dispute resolution for consumers, including the designation of bodies to which consumers can turn (see Article IX. Out-of-court dispute resolution)

   

 

  1. Part: General terms and conditions for purchase contracts for the purchase of goods from ADONIO INVEST s.r.o. ID No.: 17244820, (hereinafter also referred to as "seller")

 

   

  1. Basic provisions
  2. These terms and conditions regulate the mutual rights and obligations of the seller and the buyer (hereinafter referred to as: "buyer") who enter into a contract of sale for goods through the web interface located on the website available at the internet address https://www.adonio.cz (hereinafter referred to as "online store") or by other means through distance communication. These terms and conditions also contain information for buyers in the position of consumers that the seller is obliged to provide to the consumer before concluding the contract.
  3. The provisions of the terms and conditions are deemed to be agreed upon when a contract is concluded between the parties primarily through the online store or by means of distance communication. The concluded purchase contract is governed by the content of these terms and conditions. The purchase contract can only be concluded in the Czech language.
  4. Deviating agreements in the purchase contract take precedence over the provisions of the terms and conditions.

 

  1. Information about goods and prices
  2. Information about goods, including the prices of individual goods and their main characteristics, are provided for individual goods in the online store catalog (hereinafter referred to as "goods"). The prices of goods are listed inclusive of value-added tax and all related fees. The prices of goods remain valid for as long as they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.
  3. All presentations of goods placed in the online store catalog are for informational purposes only, and the seller is not obliged to conclude a purchase contract with the buyer.
  4. In the online store, before ordering selected goods, information about the costs associated with packaging and delivery of goods is published on the relevant website. The seller points out that goods offered within the online store, and goods otherwise offered by the seller, may be used goods, in the sense that the goods were previously purchased by another person and were returned, or provided to the seller, as goods that are unworn, undamaged, and without known defects. According to the Value Added Tax Act, a special regime applies to such goods, where the tax base for value-added tax is only the markup (margin), reduced by the tax on this markup. If new goods are involved, the buyer will be informed of this fact, and the twelve-month period in case of defective goods, stated in point VII. 2, will be extended to twenty-four months for such goods.

 

III. Ordering goods and concluding a purchase contract

  1. The buyer can order goods in the online store in the following ways:
  • through their customer account, if they have previously registered in the online store,
  • by filling out and submitting an order form without registration.

The technical procedure for ordering goods takes place using the functional instructions offered in the online store for selecting goods, choosing the delivery method, and submitting the order.

  1. The buyer is responsible for the accuracy of the data provided when ordering goods, and the seller considers the provided data to be correct. A condition for the validity of the order is the completion of all mandatory data in the order form on the website and the buyer's confirmation that they have read these terms and conditions, which at the same time constitutes their acceptance by the buyer. Before selecting "submit order" in the online store, the buyer can make corrections to any errors in the content of the filled-in order.
  2. Immediately upon receipt of the order from the buyer, the seller will send the buyer an order confirmation to the email address provided by the buyer when ordering. The order confirmation contains a link to download the seller's current terms and conditions for the concluded contract. This confirmation is considered as the conclusion of the purchase contract. The purchase contract is concluded by the seller sending the order confirmation to the buyer's email address, and the buyer becomes obligated to pay the price of the ordered goods. The seller will communicate payment instructions to the buyer separately by displaying payment instructions in the online store or by sending an invoice to the buyer's email. The concluded purchase contract is further governed by the terms and conditions in their current version published when ordering goods on the online store's website.
  3. In the event that the seller cannot fulfill any of the requirements stated in the order, the seller will send a modified offer to the buyer's email address. The modified offer is considered a proposal for a change to the purchase contract, and in such a case, the purchase contract is concluded by the buyer's confirmation of acceptance of this offer to the seller at their email address provided in these terms and conditions. The seller is entitled to withdraw from the concluded purchase contract due to the impossibility of fulfilling the order if the buyer does not accept the change to the purchase contract.
  4. All orders submitted by the buyer are binding. The buyer may cancel their order for goods or communicate their reservations about the order and the terms and conditions until the order confirmation is delivered to them by the seller. The buyer may also request cancellation of the order by phone at the seller's telephone number or the seller's email address listed in the online store.
  5. In the event of an obvious technical error on the seller's part when stating the price of goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if an order confirmation has been sent to the buyer according to these terms and conditions. The seller will inform the buyer of the error without undue delay and will send a modified offer to the buyer's email address. The modified offer is considered a new proposal for a purchase contract, and in such a case, the purchase contract is concluded by the buyer's confirmation of acceptance to the seller's email address. The seller is entitled to withdraw from the previous purchase contract with the incorrect price of goods if the new proposal for a purchase contract is not accepted by the buyer.
  6. A purchase contract may also be concluded at the seller's premises, in which case the buyer will be informed of the wording of the terms and conditions when purchasing the goods.

 

  1. Customer account
  2. Based on the buyer's registration in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also order goods without registration.
  3. When registering for a customer account and when ordering goods, the buyer is obliged to provide truthful information. The buyer is obliged to update the information in the user account. The buyer is responsible for the accuracy of the information when ordering goods, and the seller always assumes its accuracy.
  4. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
  5. The buyer is not authorized to allow third parties to use the customer account.
  6. The seller may cancel the user account, especially if the buyer has not used their user account for more than 2 years, or if the buyer violates their obligations under the purchase contract and these terms and conditions.
  7. The buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

 

  1. Payment terms and delivery of goods
  2. The buyer may pay the price of the goods and any costs associated with the delivery of goods according to the purchase contract in the following ways:
  • non-cash transfer to the seller's bank account,
  • non-cash by payment card.
  1. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
  2. In the case of non-cash payment, the purchase price is payable upon confirmation of the order (conclusion of the purchase contract) according to the seller's payment instructions communicated to the buyer in the online store or sent to the buyer by email. In the case of agreed cash payment, the purchase price is payable upon receipt of the goods.
  3. In the case of payment through a payment gateway, the buyer proceeds according to the instructions of the respective electronic payment provider.
  4. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the seller's bank account.
  5. Payment of the purchase price before sending the goods is not a deposit.
    7. The goods are delivered to the buyer in accordance with the contract, and the costs of delivering the goods, depending on the method of dispatch and receipt of the goods, are specified in the buyer's order and in the seller's order confirmation. In the event that the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
  6. If the seller is obliged by the purchase contract to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take over the delivered goods. In the event that, due to reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or by a different method than that specified by the buyer when ordering the goods, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.
  7. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the goods' packaging and, in case of any defects, to notify the carrier immediately. Should the packaging appear to have been breached, indicating unauthorized entry into the shipment, the buyer is not obliged to accept the shipment from the carrier.
  8. The seller will issue a tax document – an invoice – to the buyer. The tax document will be sent to the buyer's email address.
  9. The buyer acquires ownership of the goods upon taking delivery of the goods, provided that the full purchase price for the goods, including delivery costs, has been paid. Responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking delivery of the goods or at the moment when the buyer was obliged to take delivery of the goods but failed to do so in breach of the purchase agreement.

 

  1. Withdrawal from the contract for consumers, return of goods and return costs
  2. A buyer who has concluded a purchase agreement as a consumer outside their business activity through an online store (or by another distance method) has the right to withdraw from the purchase agreement within 14 days. This article of the terms and conditions contains basic information about this right of the buyer to withdraw from the purchase agreement. Further information for exercising the consumer buyer's right to withdraw from the contract is provided in the model instruction for consumers on the right to withdraw from a contract concluded in an online store, which the seller has published separately on the online store's website (hereinafter referred to as the "model instruction").
  3. The period for withdrawal from the contract is 14 days from the day on which the consumer or a third party designated by them, other than the carrier, takes delivery of:
  • the goods, in the case of a single item purchase
  • the last piece of goods, in the case of an order for multiple pieces of goods that were delivered separately
  • the last item or part of a goods delivery that consisted of several items or parts
  1. The buyer cannot, among other things, withdraw from the purchase agreement:
  • for the supply of goods whose price depends on fluctuations in the financial market beyond the seller's control and which may occur during the withdrawal period,
  • for the supply of goods that have been manufactured according to the buyer's specifications or adapted to their personal needs.
  1. To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period. For withdrawal from the purchase agreement, the buyer may use the model withdrawal form, which is an appendix to the model instruction.

 

  1. The seller will promptly confirm receipt of the withdrawal from the contract to the buyer at the email address provided by the buyer or by another suitable method according to the contact details provided by the buyer.
  2. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract, following the procedure in the model instruction. 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. The amount of the costs for returning the goods includes the costs of the chosen delivery method, or transport to the seller, and their amount is governed by the price list of the respective delivery service provider. Given the nature of the goods offered by the seller, it is not expected that the goods could not be returned to the seller by ordinary postal means.
  3. If the buyer withdraws from the contract, the seller will return to them, provided the goods are returned, all monetary funds received from them, including delivery costs, without undue delay, but no later than 14 days from the withdrawal from the contract, and by the same method. The seller will return the received monetary funds to the buyer by another method only if the buyer agrees to this and if no additional costs are incurred thereby.
  4. If the buyer chose a delivery method other than the cheapest one offered by the seller, the seller will return to the buyer the costs of goods delivery in an amount corresponding to the cheapest offered delivery method.
  5. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received monetary funds to the buyer before receiving the returned goods or before the buyer proves that they have sent the goods to the seller.
  6. The goods must be returned by the buyer to the seller undamaged, unworn, and unsoiled, and in their original packaging, including all their components. The seller has the right to compensation for the decrease in the value of the goods that arose as a result of handling the goods in a manner not necessary for the consumer to become acquainted with the nature, characteristics, and functionality of the goods. The packaging is part of the goods, and failure to return or damage to the packaging may lead to a decrease in the value of the goods. The seller is entitled to unilaterally set off the claim for damages thus incurred on the goods against the buyer's claim for a refund of the purchase price.
  7. In addition to the cases mentioned above in Article III of these terms and conditions, the seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has ceased production or import of the goods. The seller will immediately inform the buyer via the email address specified in the order and will return all monetary funds, including delivery costs, received from the buyer under the contract, within 14 days from the notification of withdrawal from the purchase contract, by the same method or by a method specified by the buyer.
  8. The buyer bears the postage and other costs of returning the goods.

 

VII. Rights from defective performance

  1. The seller is responsible to the buyer that the goods are free of defects upon receipt. Essentially, the seller is responsible to the buyer that at the time the buyer took over the goods:
  • the goods have the characteristics agreed upon by the parties, and in the absence of an agreement, they have such characteristics as described by the seller or manufacturer or as the buyer expected given the nature of the goods and based on their advertising,
  • the goods are suitable for the purpose stated by the seller for their use or for which goods of this kind are usually used,
  • the goods correspond in quality or design to the agreed sample or specimen, if the quality or design was determined according to the agreed sample or specimen,
  • the goods are in the appropriate quantity, measure, or weight,
  • the goods comply with legal requirements.
  1. If a defect appears within twelve months from the receipt of the goods by the buyer, it is presumed that the goods were defective at the time of receipt. The buyer is entitled to claim defects that appear in the goods within one year of receipt, if the goods were not sold as new, otherwise within two years of receipt. This provision does not apply to defective goods sold at a lower price for a defect that did not prevent the use of the goods.
  2. Liability for defects in goods does not apply to wear and tear caused by normal use, wear and tear corresponding to the extent of use, or wear and tear that the goods had when received by the buyer, or if the wear and tear results from the nature of the goods, which the buyer acknowledges. Damage to goods caused by unlawful conduct of the buyer or a third party, by force majeure, or otherwise than during the ordinary use of the goods according to their purpose or nature, is not considered a defect. The buyer does not have rights arising from liability for defects if the defect was caused by the buyer themselves.
  3. In the event of a defect, the buyer may submit a complaint to the seller and, if possible given the nature of the goods, request:
  • replacement with identical goods, which is often impossible given the uniqueness of the goods,
  • repair of the goods,
  • a reasonable discount on the purchase price,
  • withdrawal from the contract
  1. The buyer has the right to demand a reasonable discount or withdraw from the contract if,
  2. a) the seller refused to remedy the defect or did not remedy it in accordance with their legal obligations,
  3. b) the defect reappears repeatedly,
  4. c) the defect constitutes a material breach of contract, or
  5. d) it is apparent from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant difficulties for the buyer.

However, the buyer cannot withdraw from the contract if the defect in the goods is insignificant.

  1. The seller is obliged to accept complaints at any establishment where the acceptance of complaints is possible, or at their registered office or place of business. The seller is obliged to issue a written confirmation to the buyer stating when the buyer exercised the right, what the content of the complaint is, and what method of complaint resolution the buyer requests, as well as a confirmation of the date and method of complaint resolution, including a confirmation of the repair carried out and its duration, or a written justification for rejecting the complaint. The moment the buyer's expression of will (exercising the right from defective performance) reaches the seller is considered the moment the complaint is filed.
  2. The complaint, including the removal of the defect, must be settled and the buyer must be informed of its settlement no later than 30 days from the date of filing the complaint, unless the seller and the buyer agree on a longer period. After the fruitless expiry of this period, the buyer has the right to withdraw from the purchase contract or demand a reasonable discount.
  3. The seller informs the buyer about the outcome of the complaint resolution within the specified period for its resolution, in written electronic form.
  4. In the case of a justified complaint, the buyer has the right to reimbursement of reasonably incurred costs associated with filing the complaint. The buyer may exercise this right with the seller within one month after the expiry of the warranty period.
  5. The buyer chooses the method of complaint.
  6. The rights and obligations of the contracting parties regarding rights from defective performance are governed by valid Czech law, all with regard to the fact that the goods are generally not new.
  7. If the buyer wishes to purchase other goods from the seller, it is not possible to convert the price of the goods into credit upon return and pick up new goods, or to exchange the goods for other goods with a surcharge from either party. Instead, it is necessary, also considering the nature of the goods, to withdraw from the contract in accordance with legal regulations and then potentially conclude a new contract.

 

VIII. Delivery

  1. The contracting parties may deliver all written correspondence to each other via electronic mail.
  2. The buyer delivers correspondence to the seller at the email address provided on the seller's website. The seller delivers correspondence to the buyer at the email address provided in their customer account or in the order.

 

  1. Out-of-court dispute resolution
  2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes arising from purchase agreements and for receiving consumer complaints against the seller.
  3. In resolving disputes between the seller and the buyer arising from the purchase agreement, it is also possible to use the online dispute resolution platform located at http://ec.europa.eu/consumers/odr.
  4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

 

  1. Final provisions
  2. All arrangements between the seller and the buyer are governed by the law of the Czech Republic and the competent courts are Czech courts. This does not affect the consumer's rights arising from generally binding legal regulations.
  3. The seller is not bound by any codes of conduct in relation to the buyer.
  4. All rights to the seller's websites, particularly copyrights to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is forbidden to copy, modify, or otherwise use the websites or any part thereof without the seller's consent.
  5. The buyer hereby assumes the risk of change of circumstances.
  6. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
  7. The seller may change or supplement the wording of the terms and conditions, and the seller is obliged to publish the current version on the online store's website. The seller will notify the buyer of the current wording of the terms and conditions when ordering goods, and if the buyer does not express reservations to the wording of the terms and conditions no later than before confirming the order, it is understood that the buyer has fully accepted the terms and conditions and has no objections to them. This provision does not affect rights and obligations arising during the validity of the previous version of the terms and conditions.

 

These terms and conditions become effective upon their publication on the online store's website (the current version was published on February 28, 2023).

 

 

 Attachment - GTC for download

 

ADONIO INVEST s.r.o.