Terms and Conditions of Supplier AMADEA s.r.o, Dolní Nová Ves 60, 50781 Lázně Bělohrad from the e-shop www.amadea.cz

 

Terms and Conditions -.

1.Introductory Provisions

1.1. Operator

The online store located at www.amadea.cz (hereinafter referred to as the "online store") is operated by the company AMADEA s.r.o., with its registered office at Dolní Nová Ves 60, 507 81 Lázně Bělohrad, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 18046, Identification Number: 25968190, Tax Identification Number CZ25968190 (hereinafter referred to as the "seller" or "operator"), banking connection: Česká spořitelna, account number: 8121982/0800.

1.2. Buyer

1.2.1. The buyer is any visitor of the online store, regardless of whether they act as a consumer or a business entity (hereinafter referred to as the "buyer").

1.2.2. A consumer is a buyer who, when entering into and fulfilling a contract, does not act within the scope of their business or other entrepreneurial activities (hereinafter referred to as the "consumer").

1.2.3. A business entity is a buyer who is not a consumer. A business entity also includes any person who enters into contracts related to their own business, manufacturing, or similar activities, or who acts on behalf of or for the account of a business entity, or a person who acts in the exercise of their profession (hereinafter referred to as the "business entity").

1.3. Terms and Conditions

1.3.1. These general terms and conditions (hereinafter referred to as the "terms and conditions") govern the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement concluded between the seller and the buyer through the online store (hereinafter referred to as the "purchase agreement").

1.3.2. The terms and conditions are an integral part of the purchase agreement. If the purchase agreement or its attachments do not explicitly specify any deviating provisions or exclude or otherwise modify the validity of certain provisions of these terms and conditions, these terms and conditions shall apply to all other aspects of the mutual relations of the contracting parties.

1.3.3. Legal relations between the seller and the buyer that are not expressly regulated by these general terms and conditions shall be governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code. Legal relations between the seller and the consumer shall also be governed by Act No. 634/1992 Coll., on Consumer Protection, as amended.

2.4.1. If not agreed otherwise in the purchase agreement, the method of delivering the goods is determined by the seller. If the delivery method is agreed upon based on the buyer's request, the buyer bears the risk associated with such a delivery method, including any additional costs related to the chosen delivery method.

2.4.2. The operator undertakes to inform the buyer about the dispatch of the goods to the electronic address provided by the buyer when placing the order.

2.4.3. By sending the ordered goods, it is understood as their dispatch to the address specified by the buyer when placing the order. The operator reserves the right to add the costs of delivering the goods to the price of the order according to the current carrier's price list.

2.4.4. In the case of shipping goods abroad, the operator reserves the right to add additional costs for international delivery to the standard delivery price.

2.5. Payment Method

2.5.1. The operator offers the following payment methods to choose from: payment by card online via the GoPay payment gateway, bank transfer after completing the order, cash on delivery upon receipt from the carrier, cash payment upon personal pickup at the operator's pickup location.

2.5.2. When choosing payment by card online, after completing the order, the buyer will be redirected to a third-party payment server where they will enter the necessary payment details. After verifying their validity, the order will be confirmed, and the purchase price will be deducted from the buyer's account.

2.5.3. When choosing payment by bank transfer, the buyer will settle the order amount to the seller's bank account before the order is processed. To process the order, the payment needs to be made with a variable symbol, which is the order number provided to the buyer upon order completion. In the case of payment by bank transfer, the purchase price is considered paid on the day when the corresponding amount is credited to the seller's account.

2.5.4. In the case of cash on delivery payment, upon receiving the goods from the carrier, the operator reserves the right to add cash on delivery handling charges to the order price.

2.5.5. All changes, including price changes, in the online store are reserved. The price is valid at the time of ordering.

2.5.6. The prices of the offered goods and services include VAT. If the price is not expressly stated as excluding VAT.

2.6. Rights and Obligations arising from the conclusion of a purchase agreement

2.6.1. The operator is obliged to deliver the ordered goods to the buyer at the agreed price, and the buyer is obliged to accept the goods and pay the purchase price. Due to the nature of the goods, the operator does not guarantee exact conformity with the displayed representation; each piece is unique, and color and design may vary from the displayed preview due to material considerations.

2.6.2. In the event of a breach of the conditions of the purchase agreement or the terms and conditions by the buyer, the operator reserves the right to terminate the purchase agreement. In such a case, the buyer is obligated to reimburse the operator for all costs associated with their order, especially the costs of delivering the goods if the buyer fails to collect them.

2.6.3. The buyer is obliged to provide correct and truthful information, particularly when ordering goods. The information necessary for the conclusion of the purchase agreement provided by the buyer is deemed correct by the seller.

2.6.4. The seller is not bound by any codes of conduct towards the buyer under Section 1826(1)(e) of the Civil Code.

2.6.5. By this, the buyer assumes the risk of a change in circumstances under Section 1765(2) of the Civil Code.

2.6.6. All communications from the seller may be delivered to the buyer's electronic address provided in their user account or specified by the buyer in the order.

2.7. Gift Vouchers and Discount Codes

2.7.1. The buyer can enter the codes found on purchased gift vouchers and discount codes provided by the operator in accordance with their rules when placing an order.

2.7.2. Unless expressly stated otherwise by the operator, gift vouchers and discount codes:

• cannot be used repeatedly;
• cannot be combined with each other.

2.7.3. In the event of a withdrawal from the purchase agreement for any reason or any other justifiable return of goods by the buyer purchased based on a discount code, the buyer is entitled only to a refund of the amount actually paid for the purchase using monetary means. The seller may decide whether and in what value to issue a new discount code to the buyer.

2.7.4. If a gift voucher or discount code has a limited validity period, the buyer is entitled to use the gift voucher or discount code only before its expiration. The seller does not provide money or any other form of compensation for the unused value of the gift voucher or discount code.

2.7.5. The gift voucher or discount code cannot be exchanged for cash. If the buyer purchases goods at a lower price than the value of the gift voucher or discount code, they are not entitled to a refund of the value of the gift voucher or discount code, nor to a new gift voucher or discount code for the remaining value of the original redeemed gift voucher or discount code.

2.7.6. In the event that a gift voucher or discount code is used in violation of the rules set by the operator for the use of such gift vouchers and discount codes, the operator has the right to reject the gift voucher or discount code and withdraw from the concluded purchase agreement. In case of any ambiguities arising from the interpretation of the rules, the interpretation determined by the operator applies.

3. Delivery of Goods

3.1. Delivery Time

3.1.1. The operator undertakes to dispatch the goods to the buyer as soon as possible. The delivery time, if indicated for the goods, is for informational purposes only and is not binding on the operator.

3.1.2. The operator is not liable for any damages caused by delays in dispatching or delivering the goods for any reason.

3.2. Shipping, Delivery, and Receipt of Goods

3.2.1. The buyer acquires ownership rights to the purchased goods upon their receipt. At the moment of receiving the goods, the risk of damage to the goods also passes to the buyer.

3.2.2. The delivery includes a proof of purchase document that specifies the date of sale, product identification, purchase price, and information about the seller. The seller will send the buyer a tax document in electronic form.

3.2.3. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and immediately notify the carrier of any defects. In the event of discovering any tampering with the packaging indicating unauthorized access to the shipment, it is recommended that the buyer refuses to accept the shipment from the carrier and fills out a record of shipment damage. By signing the delivery note, the buyer confirms that the package containing the goods was intact.

3.2.4. Claims for mechanical damage to the goods, mismatched goods, etc., which were not apparent upon receipt of the shipment from the carrier, must be promptly submitted by the buyer upon their discovery. The operator is not responsible for any damage to the goods incurred during transport if the buyer does not promptly report such damage in accordance with paragraphs 3.2.3 and 3.2.4 of these terms and conditions.

3.2.5. If, due to 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 cover the costs associated with the repeated delivery of the goods or the costs associated with alternative delivery methods.

4.Termination of the Purchase Agreement

4.1. Termination by the Buyer

4.1.1. If the purchase agreement is concluded through distance communication means (such as an online store), the consumer has the right, in accordance with § 1829 et seq. of the Civil Code, to terminate the agreement within 14 days from the receipt of the goods, without stating a reason and without any penalty. The returned goods must be complete, undamaged, demonstrably unused, and with original tags.

4.1.2. If the consumer notifies the operator within the legal 14-day period that they are terminating the agreement, the purchase agreement is canceled from the beginning. The notification must include at least the buyer's name and surname, order number, product designation, and bank account number for the refund. The notification must be made in writing either by email sent to info@amadea.cz or by letter sent to the registered office of AMADEA s.r.o.

4.1.3. The deadline for termination of the purchase agreement within the legal 14-day period is considered met if the consumer sends the notification of termination to the seller during this period.

4.1.4. If the consumer terminates the purchase agreement within the legal 14-day period, and the returned goods are incomplete, without original tags, or demonstrably used or damaged, the operator has the right to claim compensation from the consumer and is entitled to unilaterally offset the resulting claim for damages against the consumer's claim for a refund of the purchase price. In such a case, the operator refunds the consumer only the reduced purchase price.

4.1.5. The consumer acknowledges that according to § 1837 of the Civil Code, they cannot terminate the purchase agreement in the cases specified here, particularly in the case of the delivery of goods that have been customized according to the buyer's wishes or for their person, goods liable to rapid deterioration, goods irreversibly mixed with other goods after delivery, goods in sealed packaging that the buyer has removed from the packaging and that cannot be returned for hygienic reasons (such as underwear and swimwear), delivery of audio or video recordings or computer programs if the original packaging has been breached, or the delivery of newspapers, periodicals, or magazines.

4.1.6. If the buyer exercises the right to terminate the agreement, they shall send or hand over the goods they have received, including all its components and accessories, to the seller without undue delay, but no later than 14 days from the date of termination of the agreement.

4.1.7. If the consumer validly terminates the purchase agreement, the operator is obliged to refund all payments received from the consumer without undue delay, but no later than 14 days from the date of termination of the agreement, by transferring the amount to the consumer's bank account or in cash at the establishment's address. The seller may refund the received payments to the consumer using a different method only if agreed upon with the consumer and without incurring any additional costs for the consumer.

4.1.8. If the consumer terminates the purchase agreement, the operator is not obliged to refund the received payments to the consumer until the consumer hands over the goods or proves that they have sent the goods to the operator.

4.1.9. If the buyer unjustifiably terminates the purchase agreement and still sends the goods to the operator, the goods will not be accepted or will be returned at the expense of the consumer.

4.1.10. If a gift is provided to the buyer together with the goods, a gift agreement is concluded between the seller and the buyer under the condition that if the buyer terminates the purchase agreement, the gift agreement regarding such a gift loses its effect, and the buyer is obliged to return the provided gift to the seller together with the goods.

4.2. Termination by the Operator

4.2.1. The operator strives to have a good understanding of the market in which the goods are sold. However, exceptional situations may arise where the operator is unable to deliver the ordered goods under the agreed conditions. Therefore, the operator reserves the right to terminate the purchase agreement in such cases.

4.2.2. The operator has the right to terminate the purchase agreement if there have been significant changes in the prices of the supplier of the ordered goods, significant changes in the transportation costs of the goods, or if the operator discovers that the goods were mistakenly offered at an incorrect price, and the buyer did not accept the relevant change in the purchase agreement, i.e., an increase in the price of the goods or an increase in transportation costs.

4.2.3. The buyer acknowledges that the seller is entitled to terminate the purchase agreement concluded with the buyer who has substantially breached any of their obligations in a previous contractual relationship with the seller. Substantial breach of a previous contractual relationship is deemed, for the purpose of terminating the agreement, to be conduct as defined in § 2002 (2) of the Civil Code.

4.2.4. If the operator terminates the purchase agreement, they are obliged to notify the buyer without undue delay to the email address provided by the buyer when placing the order. Furthermore, the operator is obligated to refund the full purchase price of the goods to the buyer if it has already been paid.

5.Rights Related to Defective Performance

5.1. The rights and obligations of the contracting parties regarding rights related to defective performance are governed by the relevant mandatory provisions (in particular, Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code) and the Consumer Protection Act.

5.2. The seller is responsible to the buyer for delivering goods without defects. In particular, the seller is responsible to the buyer that at the time of transfer of the goods:

• The goods have the qualities agreed upon by the parties, and if there is no agreement, the goods have the qualities described by the seller or the manufacturer, or qualities that the buyer could expect based on the nature of the goods and the advertising carried out by the seller.
• The goods are suitable for the purpose for which the seller stated they would be used, or for which goods of the same kind are commonly used.
• The goods correspond in quality or design to the agreed-upon sample or model, if the quality or design was determined according to an agreed-upon sample or model.
• The goods are of the appropriate quantity, measure, or weight.
• The goods comply with the requirements of the legal regulations.

5.3. The consumer is entitled to exercise the right related to defects that occur in consumer goods within the period prescribed by law, namely 24 months from the date of transfer. If the sold item, its packaging, the attached instructions, or other legal regulations specify a period during which the item can be used, the statutory provisions regarding warranty for quality apply. If a defect appears within 6 months from the date of transfer, it is presumed that the goods were defective at the time of transfer.

5.4. The buyer may exercise the rights related to defective performance with the seller at their place of business, either in person or by mail or another delivery service.

5.5. When exercising the right related to defective performance, the buyer is required to provide evidence of the conclusion of the purchase contract. For this purpose, the operator recommends presenting a purchase receipt.

5.6. The buyer has an obligation to specify the defect of the goods to the seller when making a complaint.

5.7. The buyer is not entitled to exercise the right related to defective performance if they knew about the defect before taking possession of the goods or if they caused the defect themselves.

5.8. The seller or an authorized employee shall decide on the consumer's complaint immediately, or in complex cases, within 3 business days. This period does not include the time necessary to expertly assess the defect, which depends on the nature of the goods or services. The consumer's complaint, including the elimination of the defect, shall be resolved by the seller without undue delay, no later than 30 days from the date of filing the complaint, unless the seller and the consumer agree on a longer period.

5.9. If the operator does not reject the complaint, they shall issue a confirmation of accepting the complaint to the buyer, which shall include, among other things, the identification of the operator and the buyer, the content of the complaint according to the buyer, the requested method of complaint resolution by the buyer, the date and place of accepting the complaint, and the signature of the operator's employee.

5.10. The consumer is entitled to reimbursement of reasonably incurred costs associated with exercising their right related to defective performance.

5.11. The operator shall inform the buyer, in a manner allowing for notification, of the resolution of the complaint and the method of informing the buyer, to the electronic address provided during the complaint or through another contact information through which the buyer can be notified of the resolution of the complaint. In this notification, the operator shall specify a deadline for picking up the repaired goods.

5.12. If the buyer does not collect the repaired goods within the specified deadline, the operator is entitled to charge reasonable storage fees or sell the goods on behalf of the buyer. The operator must inform the buyer in advance about this procedure and provide them with a reasonable additional deadline to collect the goods.

5.13. The operator shall not be liable for any losses, injuries, or damages to property, whether direct or indirect, caused by a defect in the delivered goods, unless such loss, injury, or property damage was caused by negligence, omission, or intent on the part of the operator.

6.Data Protection

6.1. Processing of personal data of buyers is subject to the provisions of Act No. 101/2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended.

6.2. The buyer agrees to the processing of their personal data, including their first and last name, address of residence, identification number, tax identification number, email address, gender, bank account number, and telephone number. The buyer grants consent to the collection and processing of their personal data by the operator for the purpose of fulfilling the rights and obligations arising from the purchase agreement, operating a loyalty program, and managing the user account. Unless the buyer selects another option, they also consent to the processing of personal data by the seller for the purpose of sending commercial communications to the buyer. The buyer's consent to the sending of commercial communications is voluntary and can be revoked at any time free of charge using the link provided at the end of each commercial communication. Consent to the processing of personal data to the extent specified in this article is not a condition that would prevent the conclusion of a purchase agreement.

6.3. The buyer acknowledges that they are obliged to provide their personal data (during registration, in their user account, or when placing an order) correctly and truthfully and that they are obliged to inform the seller promptly of any changes to their personal data.

6.4. The seller may authorize a third party to process the buyer's personal data as a processor.

6.5. Personal data will be processed indefinitely in electronic form by automated means or in printed form by non-automated means.

6.6. If the buyer believes that the seller or processor is processing their personal data in violation of their privacy or personal life or in violation of the law, particularly if the personal data is inaccurate with regard to the purpose of its processing, the buyer may:

• Request an explanation from the seller or processor,
• Request the seller or processor to remedy the situation.

6.7. If the buyer requests information about the processing of their personal data, the seller is obliged to provide such information. The seller is entitled to demand reasonable compensation not exceeding the costs necessary to provide the information.

6.8. The buyer agrees to receive information related to the goods, services, or business of the seller at their email address and also agrees to receive commercial communications from the seller at their email address.

6.9. The buyer agrees to the storage of cookies on their computer. Through the settings of their web browser, the buyer can manually delete, block, or completely disable individual cookies. Individual cookies can also be blocked or allowed only for specific websites.

7. Final Provisions

7.1. The language of communication between the operator and the buyer and the language of the purchase agreement is Czech. The concluded purchase agreements are archived by the operator in electronic form and are not accessible to third parties.

7.2. If any provision of these terms and conditions is invalid or ineffective for any reason, this fact does not affect the validity or effectiveness of the remaining parts of the terms and conditions or the purchase agreement.

7.3. The operator may amend or supplement these terms and conditions. The amended terms and conditions become effective on the day of their publication. Rights and obligations of the operator and the buyer arising before the effective date of the new version of the terms and conditions are not affected by the change.

7.4. If the relationship established by the purchase agreement contains an international (foreign) element, the contracting parties agree that the relationship shall be governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

7.5. The seller is authorized to sell goods based on a trade license. Trade control is carried out within the scope of its competence by the relevant trade authority. The Office for Personal Data Protection exercises supervision over the protection of personal data. The Czech Trade Inspection Authority exercises, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

7.6. The parties agree that the courts of the Czech Republic have jurisdiction to resolve any disputes between the operator and the buyer. Any disputes between the operator and the consumer can also be resolved out of court. In such a case, the consumer can contact an alternative dispute resolution entity, such as the Czech Trade Inspection Authority , or resolve the dispute online through the designated Online Dispute Resolution (ODR) platform. Before resorting to alternative dispute resolution, the operator recommends that the buyer first use the email address info@amadea.cz to resolve the situation.

Shipping and Payment

Currently, we ship goods through GEIS. The prices for individual shipping methods can be found in the tables below.

Czech Republic:

Overview of shipping prices for the Czech Republic:

• Prepaid shipping: 120 CZK
• Cash on delivery: 30 CZK
• Delivery time: 1-50 days

Slovakia:

Overview of shipping prices for Slovakia:

• Shipping without cash on delivery: 7 EUR
• Cash on delivery: 3 EUR
• Delivery time: 1-50 days

 *The stated delivery times apply only on business days. Most carriers do not transport goods on weekends.

Payments

To ensure the maximum satisfaction of all customers, we currently offer four methods of payment for goods.

Cash on delivery: Payment to the postman/courier upon receiving the package.

Bank transfer: If you choose to pay by bank transfer, we will send you payment instructions along with the order confirmation via email. Please ensure that you correctly fill in the account number and variable symbol in your online banking. Once the payment is credited to our account, the order will be shipped. Money transfers between banks usually take up to 24 hours (on business days).

Banking details

Česká spořitelna a.s.

Bank account number: 8121982/0800

Payment on-site upon personal pickup: Convenient cash payment at the company's headquarters.

Credit card payment: No fees are charged for credit card payments!

If you have any questions, please do not hesitate to contact us via email at info@amadea.cz or by phone at (+420) 604 636 475.

 

According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is required to register the received revenue with the tax administrator online, or in the event of technical failure, no later than within 48 hours. NOTICE regarding EET: Due to the nature of our business, which falls under "CZ NACE 16": "Wood processing, production of wooden, cork, wicker, and straw products, except furniture," we are currently not obligated to participate in the EET system.

Contacts

The contact information provided below is for communication in case of any issues or inquiries regarding the complaint process.

AMADEA s.r.o., Dolní Nová Ves 60, 507 81 Lázně Bělohrad

Tel: (+420) 604 636 475, Email: info@amadea.cz

In Lázně Bělohrad on October 30, 2019

The minimum order price is 200,- Kč. If the minimum order amount of 500,- Kč for goods is not met, a shipping fee of 150,- Kč will be charged for delivery within the Czech Republic, and a fee of 245,- Kč will be charged for delivery to the territory of the Slovak Republic.

Free shipping is offered for purchases over 1,500,- Kč (over 1,800,- Kč for Slovakia).

Goods are delivered to the Czech Republic and Slovakia through the Geis transport company.