Terms and conditions

General terms and conditions and consumer information in the online shop www.adonio.cz

 

1. Part: Information for consumers when concluding a contract for the purchase of goods:

 

Who is the consumer? A consumer is a customer who is a natural person and purchases or orders goods or services from an entrepreneur not in the course of his business or self-employment. Thus, a consumer purchases goods or services for his or her own personal consumption or for the consumption of another natural person (e.g. for a minor child or as a gift). Before concluding a contract, the consumer has the right to receive information from the entrepreneur, in this case from ADONIO INVEST s.r.o., ID No.: 17244820, (hereinafter also referred to as the "Seller"). The Seller provides this information to 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 shop.

 

Identity details of the seller:   

 

ADONIO INVEST s.r.o.

registered in the Commercial Register kept at the Municipal Court in Prague under No. C 368818

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

CIN: 17244820

 

Contact and delivery details of the seller:

 

email: info@adonio.cz

website: www.adonio.cz
Instagram @adonio.cz

 

Bank connection of the seller:

 

Bank account number: 2502262704/2010

IBAN: CZ28 2010 0000 0025 0226 2704

BIC/SWIFT: FIOBCZPPXXX

Currency: EUR

 

 

The company ADONIO INVEST s.r.o., as the seller, makes available to those interested in purchasing goods on its website www.adonio.cz these terms and conditions as well as all important information for consumers, which should be provided to consumers before concluding a contract for the purchase of goods, respectively before sending an order. This includes the following information:

 

1. Information about the identity of the seller and his contact and delivery details (see above)
2. Information on the main characteristics of the goods
3. Information on total price and delivery costs
4. Information on payment method, delivery method and time
5. Model notice of withdrawal, including a model withdrawal form

 

The information referred to above under points b), c), d) is available to consumers on the Seller's website when searching for goods, when selecting goods for order and when filling in the details for ordering goods. The instruction on the consumer's right of withdrawal under point (d) is published on the Seller's website under a separate functional link and basic information on the right of withdrawal is also provided in Article IV of these Terms and Conditions (see below). Similarly, the following additional information for consumers is also provided separately in these Terms and Conditions:

 

• Information on the costs associated with the return of goods (see Article VI. Consumer withdrawal, return of goods and return costs)
• Information on rights of defective performance (see Article VII. Rights of defective performance)
• Information on how and under what conditions consumer disputes can be settled out of court, including the authorities to which consumers can turn (see Article IX. Out-of-court dispute resolution)

   

 

2. Part: General Terms and Conditions for the purchase contract for the purchase of goods from ADONIO INVEST s.r.o. ID: 17244820, (hereinafter also "Seller")

 

   

1. Basic provisions
2. These Terms and Conditions govern the mutual rights and obligations of the Seller and the Buyer (hereinafter referred to as: "Buyer") who conclude a purchase contract for goods through the web interface located on the website available at https://www.adonio.cz (hereinafter referred to as: "Online Shop") or by other means of remote communication. These terms and conditions also contain information for the buyer in his capacity as a consumer, which the seller is obliged to communicate to the consumer before the conclusion of the contract.
3. The provisions of the Terms and Conditions shall be deemed to have been agreed in the case of a contract concluded between the parties principally via the online shop or by means of distance communication. The concluded purchase contract is governed by the contents of these terms and conditions.
4. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

 

1. Information about goods and prices
2. Information about the goods, including the prices of the individual goods and their main features are listed for each item in the catalogue of the online shop (hereinafter referred to as "goods"). The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for the period of time they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
3. All presentation of goods placed in the catalogue of the online store is informative and the seller is not obliged to conclude a purchase contract with the buyer.
4. Before ordering the selected goods, information on the costs associated with the packaging and delivery of the goods is published on the relevant website in the online shop. The Seller points out that the goods offered in the online shop, as well as goods otherwise offered by the Seller, may be second-hand goods, in the sense that the goods have been previously purchased by another person and have been returned or provided to the Seller as unworn, undamaged and without known defects. According to the Value Added Tax Act, such goods are subject to a special regime whereby only the mark-up (margin), less the tax on that mark-up, is the basis for value added tax. Should the goods be new, the purchaser shall be informed of this fact and the twelve-month period for defective goods referred to in point VII.2 shall be extended to twenty-four months for such goods.

 

III. Ordering goods and concluding the purchase contract

1. The buyer can order goods in the online store in the following ways:

• via your customer account if you have previously registered with the online shop,
• by filling in and submitting the order form without registration.

The technical procedure for ordering the goods is carried out by means of a menu of functional instructions in the online shop directing to the selection of goods, to the choice of delivery method and to the dispatch of the order.

2. The buyer is responsible for the accuracy of the data provided when ordering the goods and the seller considers the data provided to be correct. The validity of the order is conditional on the completion of all mandatory data in the order form on the website and the Buyer's confirmation that he has read these terms and conditions, which also applies to their acceptance by the Buyer. Until the option to send the order is made in the online shop, the Buyer may make corrections to any errors in the content of the completed order.
3. Immediately upon receipt of the order from the buyer, the seller sends 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 shall be deemed to be the conclusion of the purchase contract. The purchase contract is concluded when the seller sends the order confirmation to the buyer's email address and the buyer is obliged to pay the price of the ordered goods. The Seller shall communicate the payment instructions to the Buyer separately by displaying the payment instructions in the online shop or by sending an invoice to the Buyer's email. The concluded purchase contract is furthermore governed by the terms and conditions in the current version published when ordering the goods on the webshop website.
4. In the event that any of the requirements specified in the order cannot be fulfilled, the seller will send the buyer an amended offer to his email address. The amended offer shall be deemed to be a proposal to amend the Purchase Contract and the Purchase Contract shall be concluded in such a case by the Buyer's confirmation of acceptance of the offer to the Seller at his email address specified in these Terms and Conditions. The Seller shall be entitled to withdraw from the concluded purchase contract due to the impossibility of fulfilling the order if the Buyer does not accept the amendment to the purchase contract.
5. All orders sent by the buyer are binding. The Buyer may cancel his order for goods or communicate his reservations about the order and the terms and conditions until he receives confirmation of the order by the Seller. The Buyer may also request cancellation of the order by calling the Seller's telephone number or the Seller's email address listed in the online shop.
6. In the event that there is an obvious technical error on the part of the Seller when indicating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price even if the Buyer has been sent an order confirmation in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address. The Seller is entitled to withdraw from the previous purchase contract with the incorrect price of the goods if the new purchase contract proposal is not accepted by the Buyer.
7. The conclusion of the purchase contract can also take place at the seller's premises, while the buyer will be notified of the terms and conditions when purchasing the goods.

 

1. Customer account
2. On the basis of the buyer's registration made in the online shop, the buyer can access his customer account. From his/her customer account, the buyer can order 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 provided in the user account. The Buyer is responsible for the accuracy of the data when ordering goods and the Seller always assumes the accuracy of the data.
4. Access to the customer account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his/her customer account. The Seller is not responsible for any misuse of the customer account by third parties.
5. The buyer is not entitled to allow third parties to use the customer account.
6. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 2 years or if the Buyer violates his/her obligations under the Purchase Agreement 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 third party hardware and software equipment.

 

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 the goods under the purchase contract in the following ways:

• by wire transfer to the seller's bank account,
• cashless by credit card.

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.
3. 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 payment instructions of the seller communicated to the buyer in the online store or sent to the buyer by email. In case of agreed cash payment, the purchase price is payable upon receipt of the goods.
4. In the case of payment through a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
6. Payment of the purchase price before shipment is not a deposit.
   7. The goods shall be delivered to the Buyer in accordance with the Contract, with the cost of delivery of the goods depending on the method of dispatch and receipt of the goods being specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with such method of delivery.
7. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified by the Buyer when ordering the goods, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
8. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event that the packaging is found to have been tampered with, the Buyer may not accept the shipment from the carrier.
9. The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the buyer's email address.
10. The buyer acquires ownership of the goods upon receipt of the goods subject to payment of the full purchase price for the goods, including delivery costs. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in breach of the purchase contract.

 

1. Consumer withdrawal, return of goods and costs of return
2. A buyer who has concluded a purchase contract outside of his business activity as a consumer through an online store (or other distance method) has the right to withdraw from the purchase contract within 14 days. This article of the terms and conditions contains basic information about this right of withdrawal of the buyer. Further information for the exercise of the consumer's right of withdrawal is provided in the model instruction for consumers on the right of withdrawal from a contract concluded in an online shop, which the seller has published separately on the website of the online shop (hereinafter referred to as the "model instruction").
3. The withdrawal period is 14 days from the date on which the consumer or a third party designated by the consumer, other than the carrier, takes delivery of the:

• goods, in case of purchase of individual goods
• the last piece of goods, in the case of an order of several pieces of goods that were delivered separately
• the last item or part of a delivery of goods which consisted of several items or parts

2. The buyer cannot, inter alia, withdraw from the purchase contract:

• the delivery of goods, the price of which depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period,
• the delivery of goods which have been manufactured to the buyer's requirements or adapted to his personal needs.

3. In order to meet the withdrawal deadline, the buyer must send a withdrawal statement within the withdrawal period. To withdraw from the purchase contract, the buyer can use the sample withdrawal form attached to the sample notice.

 

4. The Seller shall promptly acknowledge receipt of the withdrawal to the Buyer at the email address provided by the Buyer or by other appropriate means according to the contact details provided by the Buyer.
5. 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 in accordance with the model instructions. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature. The cost of returning the goods includes the cost of the chosen method of delivery or transport to the Seller and is governed by the price list of the relevant delivery service provider. In view of the nature of the goods offered by the Seller, it is not expected that the goods cannot be returned to the Seller by the usual postal method.
6. If the Buyer withdraws from the contract, the Seller shall, subject to the return of the goods, immediately, but no later than within 14 days of withdrawal from the contract, return to the Buyer all monies, including delivery costs, received from the Buyer in the same manner. The Seller shall only return the funds received to the Buyer in another way if the Buyer agrees to this and if no additional costs are incurred.
7. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in an amount equal to the cheapest method of delivery offered.
8. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before he receives the returned goods or before the buyer proves that he has sent the goods to the seller.
9. The Buyer must return the goods to the Seller undamaged, unworn and unpolluted and in their original packaging including all their components. The Seller is entitled to compensation for any diminution in the value of the goods resulting from the handling of the goods in a manner that was not necessary for the consumer to become familiar 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 result in a reduction in the value of the goods. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for reimbursement of the purchase price.
10. The Seller is entitled, in addition to the cases listed above in Article III. of these Terms and Conditions, to withdraw from the Purchase Contract due to the sale of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all monies, including delivery costs, received from the Buyer under the contract within 14 days of notification of withdrawal from the contract, in the same manner or in the manner specified by the Buyer.
11. The buyer is responsible for the postage and other costs of returning the goods.

 

VII. Rights from defective performance

1. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In principle, the seller is liable to the buyer that at the time the buyer took over the goods:

• the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
• the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
• the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
• the goods in the appropriate quantity, measure or weight 
• the goods comply with the requirements of the legislation.

2. If a defect appears within twelve months of the buyer's receipt of the goods, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to complain about a defect that occurs in the goods within one year of receipt, unless the goods were sold as new, otherwise within two years of receipt. This provision does not apply to defective goods sold at a lower price, because of a defect which has not prevented the use of the goods.
3. Liability for defects in the goods does not apply to wear and tear caused by normal use, wear and tear corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if the wear and tear results from the nature of the goods, and the buyer acknowledges the above. Damage to the goods caused by the unlawful act of the buyer or a third party, by force majeure or otherwise than in the normal use of the goods according to their purpose or nature shall not be deemed to be a defect. The buyer has no rights under liability for defects if the defect was caused by the buyer.
4. In the event of a defect, the Buyer may submit a claim to the Seller and request, if possible in view of the nature of the goods:

• exchange for the same goods, which is often impossible given the uniqueness of the goods,
• repair of goods,
• a reasonable discount on the purchase price,
• withdraw from the contract

5. The buyer has the right to demand a reasonable discount or to withdraw from the contract,
6. a) the seller refused to remedy the defect or failed to remedy it in accordance with his obligations under the law,
7. b) the defect manifests itself repeatedly,
8. c) the defect is a material breach of contract, or
9. d) it is apparent from the seller's statement or from the circumstances that the defect will not be rectified within a reasonable time or without significant inconvenience to the buyer.

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

6. The Seller is obliged to accept the complaint at any establishment where the complaint can be accepted, or even at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint. The moment of the claim is considered to be the moment when the expression of the buyer's will (exercise of the right of defective performance) reaches the seller.
7. The complaint, including the removal of the defect, must be settled and the buyer must be informed of its settlement within 30 days of the date of the complaint, unless the seller and the buyer agree on a longer period. After the expiration of this period, the buyer has the right to withdraw from the purchase contract or demand a reasonable discount.
8. The Seller shall inform the Buyer of the outcome of the complaint within the specified period for its settlement, in writing in electronic form.
9. In the event of a legitimate claim, the buyer is entitled to compensation for reasonable costs incurred in connection with the claim. The buyer may exercise this right with the seller within one month after the expiry of the warranty period.
10. The buyer has the choice of the method of complaint.
11. The rights and obligations of the contracting parties with respect to rights arising from defective performance are governed by applicable Czech law, taking into account the fact that the goods are not new.
12. If the buyer wishes to purchase other goods from the seller, it is not possible, when returning the goods, to transfer the price of the goods to credit and collect the new goods, or to exchange the goods for other goods with an additional payment by either party, but it is necessary, inter alia, in view of the nature of the goods, to withdraw from the contract in accordance with the legislation and then, if necessary, conclude a new contract.

 

VIII. Delivery

1. The Parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer shall deliver correspondence to the Seller at the email address listed on the Seller's website. The Seller shall deliver correspondence to the Buyer at the email address provided in the Buyer's customer account or 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 No.: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract and for receiving consumer complaints against the seller.
3. When resolving disputes between the seller and the buyer from the purchase contract, 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 registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under 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 agreements between the Seller and the Buyer are governed by the law of the Czech Republic and the competent courts are Czech courts. This is without prejudice to the consumer's rights under generally binding legislation.
3. The Seller is not bound by any codes of conduct in relation to the Buyer.
4. All rights to the Seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
5. The buyer hereby assumes the risk of change of circumstances.
6. The contract of sale 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 website of the Internet analogue. The current version of the terms and conditions shall be notified to the Seller when ordering goods and if the Buyer does not express any objections to the version of the terms and conditions at the latest before confirming the order, the Buyer is deemed to have accepted the terms and conditions in full and has no objections to them. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

 

These terms and conditions come into effect upon their publication on the website of the online store (the current version was published on 28 February 2023).

 

 

Attachment - GTC download

 

ADONIO INVEST s.r.o.