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Terms and Conditions
Online Store ADA nne
Zuzana Okaa Onwuogu
Registered Office: Římovská 977, 198 00,
Prague 9 - Hloubětín
ID: 74981099
For the sale of goods via the online store located at:
www.ada-nne.cz
___________________________
1. General Provisions
1.1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) govern the mutual rights and obligations of the parties arising in connection with or based on the purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the seller, Zuzana Okaa-Onwuogu, registered at Římovská 977, 198 00, Prague 9, Company ID: 74981099 (hereinafter referred to as the “Seller”), and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website www.ada-nne.cz (hereinafter referred to as the “Website”) via the website interface (hereinafter referred to as the “Store Interface”).
1.2. These Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of their business activities or self-employment.
1.3. Any provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Agreement. Such deviations shall take precedence over the provisions of these Terms and Conditions.
1.4. These Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drafted in the English language. The Purchase Agreement may only be concluded in the English language.
1.5. The Seller reserves the right to amend or supplement these Terms and Conditions. This does not affect the rights and obligations arising under a previous version of the Terms and Conditions.
2. User Account
2.1. Upon registering on the Website, the Buyer can access their user account, through which they can place orders (hereinafter referred to as the “User Account”). If the Store Interface allows, the Buyer may also place orders without registration directly via the Store Interface..
2.2. The Buyer is required to provide accurate and truthful information when registering and placing orders. The Buyer must update any changes to their details. The Seller considers the information provided by the Buyer as correct.
2.3. Access to the User Account is secured by a username and password. The Buyer must maintain confidentiality regarding access credentials.
2.4. The Buyer may not allow third parties to use their User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer has not used it for more than two years or has violated obligations under the Purchase Agreement (including these Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly due to necessary maintenance of the Seller’s or third-party hardware and software.
3. Conclusion of the Purchase Agreement
3.1. The presentation of goods in the Store Interface is for informational purposes only and does not constitute an offer to conclude a contract. The Seller is not obliged to conclude a Purchase Agreement regarding such goods.
3.2. The Store Interface includes information about the goods, including prices and any return costs if the goods cannot be returned via standard postal methods. Prices include VAT and all related charges. Prices remain valid as long as they are displayed in the Store Interface.
3.3. The Store Interface also includes information on packaging and delivery costs. These costs apply only within the Czech Republic.
3.4. To place an order, the Buyer completes an order form in the Store Interface. The order form includes:
• Associated delivery costs.
3.5. Before submitting an order, the Buyer can review and modify their order details. The order is submitted by clicking the "Complete Order" button. The Seller considers the details in the order as correct. The Seller promptly confirms receipt of the order via email to the Buyer's provided email address.
3.6. The Seller may request additional order confirmation depending on order specifics (e.g., quantity, price, shipping costs).
3.7. The contractual relationship between the Seller and Buyer arises when the order acceptance is sent by the Seller to the Buyer via email.
3.8. The Buyer agrees to the use of remote communication for concluding the Purchase Agreement. The Buyer bears their own costs related to remote communication (e.g., internet or telephone fees), which do not exceed standard rates.
4. Price and Payment Terms
4.1. The Buyer may pay the price of goods and any related delivery costs via:
• Bank transfer to the Seller's account No. 6699495349/0800, at Česká spořitelna a.s.,
IBAN: CZ86 0800 0000 0066 9949 5349, BIC/SWIFT: GIBACZPX
• PayPal,
• Credit/debit card.
4.2. The Buyer must also pay packaging and delivery costs unless stated otherwise. Currently, delivery is free of charge as compensation for the absence of cash-on-delivery payment for the Czech and Slovak Republics.
4.3. The Seller does not require advance payments unless otherwise stated in Article 4.6.
4.4. For cash or cash-on-delivery payments, the price is due upon receipt of goods. For bank transfers, payment is due within seven (7) days of the Purchase Agreement's conclusion.
4.5. In case of bank transfers, the Buyer must include the payment reference number. The Buyer's payment obligation is fulfilled once the amount is credited to the Seller's account.
4.6. The Seller may require full payment before dispatch, especially if additional order confirmation is not received.
4.7. Discounts cannot be combined unless stated otherwise.
4.8. The Seller issues an invoice after payment, which is sent electronically to the Buyer. The Seller is not a VAT payer.
5. Delivery Time
Orders placed on business days before 3:00 PM are dispatched the same day. Orders placed after 3:00 PM or during weekends and public holidays are dispatched on the next business day.
After dispatch, the standard delivery time is:
- within the Czech Republic, usually within three business days,
- for international orders, delivery times may vary depending on the carrier and destination.
For orders containing products marked as "available within three days", even if other items in the order are labeled "in stock", the entire order will be dispatched within three business days. The delivery time remains the same afterward, meaning usually an additional three business days within the Czech Republic.
6. Withdrawal from the Purchase Agreement
6.1. The Buyer acknowledges that under Section 1837 of the Civil Code, they cannot withdraw from the contract in cases involving:
• Custom-made goods,
• Perishable goods,
• Goods that cannot be returned for hygienic reasons if unsealed,
• Audio/video recordings or software if unsealed.
6.2. In cases not covered by Article 5.1, the Buyer may withdraw from the Purchase Agreement within fourteen (14) days of receiving the goods. If multiple items are included, the period starts from the last delivery. The withdrawal must be sent within this period. The Buyer may use a withdrawal form provided by the Seller. Withdrawal can be sent to the Seller's business address or email at info@ada-nne.cz.
6.3. If the Buyer withdraws, they must return the goods within fourteen (14) days. The Buyer bears the return costs.
6.4.In case of withdrawal from the purchase agreement under Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase agreement by the buyer, using the same method by which the seller received the payment from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned or in another manner, provided that the buyer agrees and no additional costs arise for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the goods are returned or proof of shipment is provided by the buyer.
6.5. The seller is entitled to unilaterally offset the damage caused to the goods against the buyer's claim for the return of the purchase price.
6.6. In cases where the buyer, in accordance with Section 1829(1) of the Civil Code, has the right to withdraw from the purchase agreement, the seller is also entitled to withdraw from the purchase agreement at any time, until the goods are received by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, via a bank transfer to an account designated by the buyer.
6.7. If a gift is provided together with the goods, the gift contract between the seller and the buyer is concluded with a condition precedent that if the buyer withdraws from the purchase agreement, the gift contract regarding such gift will become ineffective, and the buyer is obliged to return the gift together with the goods.
7. Transportation and Delivery of Goods
7.1. If the method of transportation is agreed upon based on the buyer's special request, the buyer bears the risk and any additional costs associated with this method of transportation.
7.2. If the seller is obliged under the purchase agreement to deliver the goods to a place designated by the buyer in the order, the buyer is obligated to take delivery of the goods upon delivery.
7.3. If, due to reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or by another method than stated in the order, the buyer is obliged to cover the costs associated with repeated delivery or with the alternative delivery method.
7.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and immediately report any defects to the carrier. If the packaging is found to be damaged, indicating unauthorized access to the shipment, the buyer is not obligated to accept the shipment from the carrier.
7.5. Further rights and obligations of the parties regarding the transportation of goods may be governed by the seller's special delivery conditions if issued by the seller.
8. Rights from Defective Performance
8.1. The rights and obligations of the contractual parties regarding defective performance are governed by the relevant binding legal regulations (especially Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
8.2. The seller is liable to the buyer that the goods are free from defects upon receipt. Specifically, the seller is liable to the buyer that, at the time the buyer took delivery of the goods:
8.2.1. the goods have the properties agreed upon by the parties, and if no agreement exists, the goods have the properties that the seller or manufacturer described or that the buyer expected considering the nature of the goods and based on advertising carried out by them,
8.2.2. the goods are fit for the purpose the seller has stated for their use or for the purpose for which goods of that kind are typically used,
8.2.3. the goods conform to the quality or design of a sample or model agreed upon, if the quality or design was determined based on the sample or model,
8.2.4. the goods are of the appropriate quantity, size, or weight, and
8.2.5. the goods comply with legal requirements.
8.3. The provisions of Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed upon, to wear and tear of goods resulting from normal use, to used goods for defects corresponding to the level of use or wear at the time of the buyer's receipt, or as otherwise arising from the nature of the goods.
8.4. If a defect appears within six months of receipt, the goods are presumed to have been defective at the time of receipt. The buyer is entitled to exercise their rights in the case of a defect that appears in consumer goods within twenty-four months from receipt.
8.5. The buyer may exercise rights related to defective performance at the seller's premises, where the acceptance of complaints is possible with respect to the assortment of goods sold, or at the seller's registered office or place of business.
8.6. Further rights and obligations related to the seller's liability for defects may be governed by the seller's complaint procedure.
9. Other Rights and Obligations of the Parties
9.1. The buyer acquires ownership of the goods upon payment of the full purchase price.
9.2. The seller is not bound by any codes of conduct with respect to the buyer under Section 1826(1)(e) of the Civil Code.
9.3. Complaints from consumers are handled by the seller via the email address info@ada-nne.cz. The seller will send information about the resolution of the buyer's complaint to the buyer's email address.
9.4. For the out-of-court resolution of consumer disputes from the purchase agreement, the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is the competent authority. The online dispute resolution platform, located at https://ec.europa.eu/consumers/odr, can be used for resolving disputes between the seller and the buyer from the purchase agreement.
9.5. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: https://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and the Council on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.
9.6. The seller is authorized to sell goods based on a trade license. Trade inspections are carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority oversees compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
9.7. The buyer hereby assumes the risk of a change in circumstances under Section 1765(2) of the Civil Code.
10. Protection of Personal Data
10.1. The seller fulfills its information obligation towards the buyer under Article 13 of Regulation (EU) 2016/679 on the protection of natural persons concerning the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (GDPR), relating to the processing of the buyer's personal data for the purposes of fulfilling the purchase agreement, for the purposes of negotiating the agreement, and for fulfilling the seller's public obligations through a separate document.
11. Sending Commercial Communications and Storing Cookies
11.1. The buyer agrees to receive information related to goods, services, or the seller's business at the buyer's email address and further agrees to receive commercial communications from the seller at the buyer's email address. The seller fulfills its information obligation regarding the processing of the buyer's personal data for sending commercial communications under Article 13 of the GDPR through a separate document.
11.2. The buyer agrees to the storage of cookies on their computer. If the purchase on the website can be made and the seller's obligations under the purchase agreement fulfilled without storing cookies on the buyer's computer, the buyer may revoke this consent at any time.
12. Delivery
12.1. Delivery may be made to the buyer's email address.
13. Final Provisions
13.1. If the relationship arising from the purchase agreement has an international (foreign) element, the parties agree that the relationship will be governed by Czech law.
13.2. The choice of law under Article 12.1 of the Terms and Conditions does not deprive the consumer of the protection provided by mandatory legal provisions that cannot be contractually waived and which would otherwise apply under Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and the Council on the law applicable to contractual obligations (Rome I).
13.3. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, it will be replaced by a provision that closely approximates the intent of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
13.4. The purchase agreement, including the Terms and Conditions, is archived by the seller in electronic form and is not accessible.
13.5. The annex to the Terms and Conditions is the model form for withdrawal from the purchase agreement.
13.6. Seller's contact details: Zuzana Okaa-Onwuogu, delivery address: Římovská 977/8, 198 00, Prague 9, email address: info@ada-nne.cz, phone: +420 773 128 614.
In Prague on 1st January 2024