General terms and conditions of the Internet store Adriatic Curatio, s.r.o.
1. Introductory provisions
This online store is operated by Adriatic Curatio, registered address Mírové náměstí 3d/519, Ostrava-Vítkovice, ID 25355261, registered at the regional court in Ostrava, section C, file 9843 (hereinafter “Seller”).
Delivery address: Adriatic Curatio s.r.o.
These general terms and conditions (“Terms and Conditions”) specifying the rights and obligations of the Seller and buyer who is a consumer, i.e. person who, in the conclusion and fulfillment of a sales agreement, is not acting in his own commercial or other business capacity (hereinafter “Buyer”). These Terms and Conditions are an integral part of the sales agreement concluded between the Seller and Buyer, and unless stipulated in the sales agreement or otherwise between the Seller and Buyer, these Terms and Conditions and provisions arising from the Civil Code (Act 89/2012 Coll.) and the Consumer Protection Act (634/1992 Coll.) shall apply for the mutual relations of the Parties.
The Buyer is obliged to become familiar with these Terms and Conditions, and by concluding the sales agreement the Buyer confirms that he became familiar with the Terms and Conditions prior to concluding the sales agreement and that he agrees with these Terms and Conditions.
In the event the Buyer is not a consumer and he buys the goods as an entrepreneur for the purpose of doing his own business with these goods, the Buyer is obliged to indicate this fact in the order, and the relation between the Seller and that particular Buyer shall then be governed by the Terms and Conditions to the extent that relate to it, and by the Civil Code (Act 89/2012 Coll.) as amended.
2. Ordering and concluding a sales agreement
The Seller offers goods on the website for its online store and presents these goods with a description and perhaps illustrative photos, and a precise price with and without VAT.
In the event of interest in purchasing a product, the Buyer is obliged to fill in an order form, and filling in all forms with the prescribed information is a condition for the validity of that order. Before sending off the order, the Buyer has the right to make any changes in the order. The Seller shall promptly confirm to the Buyer the receipt of his order, automatically through an email message sent by the Seller to the Buyer at his listed email address. For objective reasons like the scope of delivery, price, etc., the Seller reserves the right to ask the Buyer to confirm the order in a manner such as in writing. The Parties have agreed that, should the Buyer refuse to confirm the order by the requested means, the order is invalid and no sales agreement has been concluded, even if the Buyer has confirmed receiving it. The sales agreement is the result of the Buyer sending the order and the Seller confirming the order, and is concluded in the Czech language. The sales agreement can only be modified or canceled on the basis of an agreement between the Parties or for legal reasons.
Like the sales agreement, the confirmed order from the Buyer is archived by the Seller for a period stipulated by prevailing laws, for the purpose of successfully completing the order, and is not accessible to third non-participating parties.
3. Price and payment terms
The Seller is obliged to deliver the ordered goods to the Buyer in accordance with the concluded sales agreement, at the contracted price, and the Buyer shall undertake to pay the purchase price. The prices listed on the website are valid at the time of ordering. The Seller reserves the right to change the prices in the event of a presentation error or change in the exchange rate or if the supplier of the products changes their prices drastically, while the Buyer has the right to withdraw from the sales agreement within 7 days of the Buyer receiving notice about the change in purchase price. The Seller is entitled to include shipping costs in the price of the goods.
The Seller has the option of paying for the ordered goods by collect-on-delivery, bank transfer or in cash. In the event of collect-on-delivery payment, the ordered goods will be sent by the Seller to the address listed by the Buyer in the order, and the Buyer will pay for the goods upon receipt. The shipment will also include the appropriate tax document.
The purchase price is deemed paid when the entire purchase price is credited to the current account of the Seller or by payment made in cash at the cash desk of the Seller or by the carrier in the event of collect-on-delivery.
In the event of payment made by bank transfer, the Buyer is obliged to pay the purchase price to the account of the Seller according to the proforma invoice sent by the Seller to the Buyer to the email address listed together with the confirmation of the order. After the amount is credited to the account of the Seller, the goods will be shipped by the Seller to the address given by the Buyer in the order.
4. Delivery terms and conditions
The Seller shall deliver the ordered goods to the Buyer at the address provided by him or the Buyer may pick up the goods at a distribution point of the Seller as specified in the order. In the event the goods are delivered to the address provided by the Buyer in the order, the Buyer shall pay the shipping costs, unless agreed otherwise in the sales agreement. The shipping costs are listed in the sales agreement and depend on the amount of the purchase price given in the sales agreement.
The delivery periods of the goods vary according to the type of goods and are listed for each item separately. In the event the selected item is listed as in stock, the Seller is obliged to dispatch it within 4 days. The delivery period shall apply under the condition of receiving all the documents stipulated in the sales agreement. The Buyer has the right to withdraw from the sales agreement in the event the Seller is unable to dispatch the ordered goods to the Buyer within an additional 30-day period or to issue them at the distribution point of the Seller specified in the order. In the event the sales agreement is canceled, the Seller is obliged to promptly return, no later than 14 days after the cancellation, the amount paid to the account by the Buyer, unless agreed otherwise by the Parties. When the goods have been dispatched, the Seller is obliged to notify the Buyer by email message or by phone at the number indicated by the Buyer in the order. The ordered goods have been delivered on time if the goods are ready at the point for handing them over no later than the last day of the agreed term or additional period. Should the Buyer be at fault for not receiving the ordered goods, the Buyer shall pay in full the shipping costs or for making the delivery again. In the event the Buyer fails again to act in a reasonably provided grace period, the Seller is entitled to withdraw from the purchase agreement.
Upon delivery of the goods, the Buyer is obliged to immediately check the condition of the shipment together with the carrier, (number of packages, integrity of the tape with the company logo, damage to boxes) according to the attached waybill. The Buyer may refuse to accept a shipment that fails to match the purchase agreement in the sense that the shipment is incomplete or damaged. If the Buyer accepts a damaged shipment from the carrier, this damage must be described in the carrier’s handover protocol.
Notification of an incomplete or damaged shipment must be immediately made to the email address of the Seller, and a damage report drawn up together with the carrier and promptly sent by fax, email or registered mail to the Seller. An additional claim for incompleteness or external damage to the shipment does not deprive the Buyer of the right to make a claim for the item, rather it gives the Seller the chance to demonstrate that it does not concern a conflict with the purchase agreement.
The rights and obligations of the Parties concerning the rights that arise from defective performance shall be governed by generally binding regulations (especially the provisions of sections 1914 to 1925, sections 2099 to 2117, and sections 2161 to 2174 of the Civil Code).
The Seller warrants to the Buyer that the goods are not defective upon handover. In particular, the Seller warrants to the Buyer that at the time the Buyer received the goods,
If the goods do not have the above characteristics, the Buyer may request the delivery of new goods free from defects unless it is unreasonable given the nature of the defect; if this is not possible, the Buyer may withdraw from the sales agreement. If it is unreasonable, however, given the nature of the defect, particularly if the defect can be removed without undue delay, then the Buyer has the right to the free removal of the defect. The Buyer has the right to the delivery of new goods or the replacement of components in the case of defects that can be removed unless the goods cannot be properly used because of the repeated occurrence of the defect after repair or because of a larger number of defects. In this case, the Buyer has the right to withdraw from the sales agreement.
If the Buyer does not withdraw from the sales agreement or does not exercise the right of delivery of new goods free from defects, the replacement of its components, or the repair of the goods, he may request a reasonable discount. The Buyer has the right to a reasonable discount if the Seller is unable to deliver new goods free from defects, to replace its components or repair the goods, as well as in the event the Seller fails to remedy the situation within a reasonable time or the remedy creates considerable difficulties for the Buyer.
The Buyer does not have the right to defective-free performance if the Buyer knew that the goods were defective prior to accepting the goods or if the Buyer himself caused the defect.
The Buyer may exercise this right to be free from defects in consumer goods for the period of 24 months after accepting them. If a defect shows up within six months of receiving the goods, it shall be understood that the goods were already defective upon receipt.
The Seller provides a warranty period of 24 months for all sold goods. If the sold goods come with a time limit for using the items, i.e. an expiration date, on the package or in the manual attached to them, the warranty period shall end with the lapse of this period. The warranty period starts on the date of purchase (the date of taxable supply, stamped on the sales document-invoice). The expiration date is given by the manufacturer of the goods. The minimum warranty period is governed by the expiration date of the goods.
Other rights and obligations of the Parties related to the responsibility of the Seller for defects may be governed by the return policy of the Seller.
5. Withdrawal from the sales agreement
If the sales agreement is concluded by means of remote communication, the Buyer who is a consumer has the right to withdraw from the sales agreement without providing any reasons or without any penalties within 14 days of receiving the delivered goods in accordance with the provisions of section 1829 paragraph 1 of the Civil Code. The withdrawal from the sales agreement must be sent to the Seller within the aforementioned period. In the event the Buyer exercises his rights and withdraws from the sales agreement, he shall contact the Seller, preferably in writing, to say that he is withdrawing from the agreement, and it would help if the Buyer provided the number of the order, date of purchase, and account number for the refund. For withdrawing from the sales agreement, the Buyer may use the same standard form that is attached to these Conditions or the Buyer can send the withdrawal notice electronically to the email address of the Seller at firstname.lastname@example.org. If the Buyer withdraws from the sales agreement, the Seller shall refund all money, including the cost of delivery, which the Seller obtained from the Buyer on the basis of the canceled sales agreement, in the same form in which the funds were received, within 14 days of the cancellation of the sales agreement. The Seller may return the funds received in a different manner only if the Buyer agrees to it and if he does not incur any additional costs on account of it. Together with announcing his withdrawal, the Buyer shall send the goods back at his own costs to the Seller in the original packaging, undamaged and unused, including any accessories, all capable of being resold. If the Buyer withdraws from the sales agreement, the Seller is not obliged to refund the money received from the Buyer before the Buyer returns the goods or can demonstrate that the goods have been sent to the Seller. The goods must be sent as an ordinary shipment, with no collect-on-delivery accepted.
The Seller reserves the right to withdraw from the sales agreement in the event the ordered goods are no longer sold or delivered.
6. Protection of personal data
By concluding this sales agreement, the Buyer agrees with the collection and processing of his personal data in the database of the Seller, for the purpose of completing the sales agreement. The personal data of the Buyer shall be handled in accordance with Act 101/2000 Coll. on the protection of personal data, while the Buyer has the right to revoke his consent with this processing of his data in writing. The personal data of the Buyer will be secured against misuse, and the Seller is obliged not to transmit any of this personal data to another party, with the exception of third parties who need it in order to complete the sales agreement. Each sales agreement is archived by the Seller in electronic form and is inaccessible. The Buyer has the right to access his personal data and make corrections to it, including other legal rights to this data. Upon the written request of the Buyer, his personal data can be deleted from the database.
7. Final provisions
If any provision of the Terms and Conditions or sales agreement has proved to be invalid or ineffective, this invalidity or ineffectiveness will not have an effect on the validity or effectiveness of other parts of the Terms and Conditions and sales agreement, except in the case where it cannot be separated from the rest of the content of the Terms and Conditions or sales agreement.
Any change in the sales agreement is possible only in writing.
These Terms and Conditions apply in the version given on the website of the Seller on the day the order is dispatched to the Buyer.
Relations and any disputes that arise from the sales agreement shall be settled solely in accordance with the laws of the Czech Republic and be resolved by a court of jurisdiction in the Czech Republic. Disputes between the Buyer and Seller may also be resolved out of court, and the Buyer may contact the body governing alternative dispute resolution, which is the Czech Trade Inspection Authority (www.coi.cz) and proceed in accordance with the rules given therein. More information about alternative dispute resolution is available on the website of the Czech Trade Inspection Authority. Initiating alternative dispute resolution is also possible via an online form on the website https://webgate.ec.europa.eu/odr/.
These Terms and Conditions are valid and effective as of 1 June 2017