Terms and conditions of the company

ADAMIK Company, s.r.o.

Registered office and correspondence address, showroom and testing center: Mitrovická 804, 739 21 Paskov, Czech Republic,

ID: 26845318, VAT number: CZ26845318

Registered: in the Commercial Register kept at the Municipal Court in Ostrava, Section C, File 50268

Phone: +420 774 883 858, Email: eshop (at) adamikcompany.com,

Verification of seller data: https://or.justice.cz/ias/ui/rejstrik-firma.vysledky?subjektId=320328&typ=PLATNY
For the sale of goods through an online store located at the website www.adamikshop.com.

1. INTRODUCTORY PROVISIONS

1.1. These business terms and conditions (hereinafter referred to as the “business terms and conditions or GTC”) of the company ADAMIK Company, s.r.o., with its registered office at Mitrovická 804, 739 21 Paskov, identification number: 26845318, entered in the Commercial Register kept by the Municipal Court in Ostrava, Section C, File 50268 (hereinafter referred to as the “seller”) regulate, in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller on the one hand and the buyer on the other hand through the seller’s online store. The online store is operated by the seller on a website located at the internet address www.adamikshop.com (hereinafter referred to as the “website”), through the website interface (hereinafter referred to as the “web interface of the store”). These terms and conditions regulate differently the rights and obligations of buyers who act in relations with the seller as consumers (hereinafter referred to as the “buyer consumer”) and differently for natural or legal persons conducting business under the Trade Licensing Act or other special law or state and public institutions and organizations (hereinafter referred to as the “buyer businessman” or “entrepreneur”) who act in relations with the seller as part of their business activity or as part of the independent performance of their profession, where the different rights and obligations of both buyers are regulated and distinguished below as the rights and obligations of the “buyer consumer” and the rights and obligations of the “buyer entrepreneur”. If these terms and conditions regulate some rights jointly and identically for both the buyer consumer and the buyer entrepreneur, the buyer entrepreneur and the buyer consumer are identically referred to as the “buyer”. The subject of the purchase is the goods specified in the purchase contract (hereinafter referred to as the “goods”).

1.2. The buyer is a consumer or a businessman (entrepreneur).

A consumer is any person who, outside the scope of their business activity or outside the scope of the independent performance of their profession, concludes a contract with the seller or otherwise deals with them.
An businessman is a person who independently carries out gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so systematically for the purpose of making a profit. An businessman is considered, among other things, for the purposes of consumer protection, any person who concludes contracts related to his own commercial, production or similar activity or in the independent performance of his profession, or a person who acts in the name or on behalf of an businessman. For the purposes of the GTC, an businessman is understood to be a person who acts in accordance with the previous sentence within the framework of his business activity. If the Buyer states his identification number in the order, then he acknowledges that the rules specified in the GTC for businessmans apply to him.

1.3. These terms and conditions exclude the use of any other standard terms and conditions that may have been referred to in any communications or previous negotiations between the contracting parties. In the event of a conflict between these terms and conditions and the purchase contract, the provisions of the purchase contract shall prevail. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the English language. The purchase contract may be concluded in the English language. The wording of the terms and conditions may be unilaterally amended or supplemented by the seller. The terms and conditions effective on the date of conclusion of the purchase contract are binding.

2. USER ACCOUNT AND OPERATING TIME

2.1. Based on the buyer’s registration on the website, the buyer can access his/her user interface. From his/her user interface, the buyer can order goods (hereinafter referred to as the “user account”). The web interface of the store allows the buyer to order goods without registration directly from the web interface of the store.

2.2. When registering on the website and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account if there are any changes. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller. In the event of incorrect data being provided and if this results in additional costs for the seller, especially in the case of transport and delivery to an incorrectly specified delivery address, the buyer is obliged to pay these additional costs.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account.

2.4. The buyer is not entitled to allow third parties to use the user account.

2.5. The seller may cancel the user account, especially if the buyer does not use his/her user account for more than one year, or if the buyer breaches his/her obligations under the purchase contract (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller’s hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties, all related to the operation of the website or the web interface of the store.

2.7. Orders via the online store www.adamikshop.com are possible 24 hours a day, 7 days a week. In the event of an information system failure or force majeure, the seller is not responsible for failure to comply with operating hours.

3. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code of Czech Republic do not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of the goods are listed excluding and including value added tax and all related fees. The prices of the goods remain valid for the period they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually negotiated conditions.

3.2.1. If the price is not listed for the goods (instead of the price of the goods, “Request a non-binding quote” is listed), the reason is that an accurate price determination requires a more detailed specification of the client’s requirements, the materials being processed, the working environment, etc. In this case, the seller’s sales and technical representative will contact the buyer and determine the final price after obtaining all the necessary information.

3.3. The web interface of the store do not contains information about the costs associated with packaging and delivery of goods. Information on the costs associated with the delivery of goods provided in the web interface of the store applies only to cases where the goods are delivered within the territory of the Czech Republic, the Slovak Republic and Poland. For other countries (on the website www.adamikshop.com), the costs associated with the delivery of goods are calculated individually according to the buyer’s delivery address and are communicated to the buyer immediately after sending the order for approval.

3.4. The buyer can order goods and validly conclude a purchase contract only through the online store. The buyer can freely edit or change all orders placed through the online store directly on the website before sending, except for goods for which specific purchase conditions are specified (e.g. multiples of the meterage for hoses). To order goods, the buyer fills in the order form in the store’s web interface. The order form contains in particular information about:

• ordered goods (the buyer “inserts” the ordered goods into the electronic shopping cart of the store’s web interface)
• method of payment for the purchase price of the goods, information on the requested method of delivery of the ordered goods
• (hereinafter collectively referred to as the “order”)

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, including with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the ” ORDER BINDING FOR PAYMENT” button with the buyer’s obligation to pay. The data specified in the order are considered correct by the seller. After receiving the order, the seller will confirm this receipt to the buyer by e-mail to the buyer’s e-mail address specified in the order (hereinafter referred to as the “buyer’s e-mail address”).

3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer is established by the confirmation of the order from the seller’s accounting system, which is sent by the seller to the buyer by e-mail to the buyer’s e-mail address. In the event of a change to an order that has already been confirmed by the seller, the order thus changed is binding for both parties at the moment of confirmation of the change to the order by the seller. The seller is not obliged to accept a change to the order at the moment when it has already handed over the goods according to the original order to the carrier, or has already modified the goods at the buyer’s request, or if it is a goods ordered to order for the buyer. In the event of a complete cancellation of an order by the buyer entrepreneur already confirmed by the seller, even after the aforementioned reasoned non-acceptance of the change to the binding order by the seller, the seller may demand a contractual penalty (cancellation fee) from the buyer entrepreneur in the amount of up to 15% of the price of the goods, depending on the stage of order processing the order is in. Payment of the contractual penalty does not affect the seller’s right to compensation for any damage incurred.

3.8. The buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the buyer when using distance communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the buyer himself, and these costs do not differ from the basic or standard rate.

3.9. The buyer is obliged to provide the seller with the necessary information in the order to fulfill the order (i.e. specifying the method of delivery, the buyer’s identification data according to the identity card or according to his extract from the public register, delivery address, billing information). The buyer, an entrepreneur, is obliged to provide the identification (ID) and tax identification number (VAT ID number) if he is a VAT payer. Only persons who are competent to perform these legal acts may trade and conclude a purchase contract via means of distance communication. Minors may conclude a purchase contract only to the extent of their competence. A purchase contract relating to goods of higher value may be concluded on behalf of minors only by their legal representatives. The seller reserves the right to contact customers as part of marketing surveys. By sending an order, the buyer confirms that he has read these terms and conditions, including the warranty conditions, and that he agrees with them. These terms and conditions and warranty conditions are visibly placed on its website www.adamikshop.com.

3.10. These conditions form an integral part of the concluded contract. The seller reserves the right to refuse the order or part of it before concluding the purchase contract in the following cases: exhaustion of stock, the goods are no longer produced or delivered or the price of the goods supplier has changed significantly, the price is incorrectly stated or the buyer is in default with payment. In the event that the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller in the following ways:

• in cash at the seller’s premises at Mitrovická 804, 739 21 Paskov, Czech Republic
• in cash (or non-cash, if the carrier allows this) on delivery at the location specified by the buyer in the order. The option of payment on delivery is only available for delivery within the Czech Republic and the Slovak Republic.
• by bank transfer to the seller’s account. For CZK currency to the account. 2112789359/2700, kept at UniCredit Bank Czech Republic and Slovakia, a.s.. For EUR currency to the account: IBAN: CZ0527000000002112921508, SWIFT: BACXCZPP, kept at UniCredit Bank Czech Republic and Slovakia, a.s.. For PLN currency to the account: IBAN: PL06105010701000009031509566, SWIFT: INGBPLPW, kept at ING Bank Śląski S.A. (hereinafter referred to as the “seller’s account”)
• through a loan provided by a third party

4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. The delivery does not include assembly or installation of the subject of performance. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods. Unless expressly stated otherwise, the prices of the goods offered by the seller are stated without value added tax, with value added tax. The seller reserves the right to categorize buyers who register with the seller as registered customers. The seller may provide these buyers with additional discounts from the above prices. In case of doubt, the price according to the current offer on the internet will be used. The Seller reserves the right to unilaterally adjust prices in the event of an increase in costs arising as a result of facts beyond its control that occurred in the period after the offer was published (tax increase, exchange rate change, significant changes in supply conditions for manufacturers and other suppliers of goods, error in entering the price, etc.), by publishing a notice on the Internet, and if the contract has already been concluded, then on the basis of a unilateral written notice to the Buyer. If the Buyer does not agree with the price increase, he is entitled to withdraw from the purchase contract. If the price of the goods is not known at the time of conclusion of the purchase contract, it will be determined by agreement of the parties later, in which case the Buyer is obliged to inform the Seller within 2 days of the demonstrable notification of the purchase price whether he accepts the communicated purchase price or not. If the Buyer does not notify the acceptance of the price within the deadline, this expression is considered as disagreement with the price and the Seller’s offer and the Seller is subsequently entitled to cancel the order without sanctions for both parties. Unless otherwise stated, all offers are valid for 5 business days from the date of issue or until stocks run out. For orders at a later date or repeated orders, previously stated prices cannot be requested. The purchase price for the delivered goods can, at the buyer’s choice, be paid in cash upon receipt of the goods at the seller’s customer center, on delivery when the goods are sent by a carrier, or by bank transfer in advance based on an advance invoice issued by the seller to the buyer at the buyer’s request. Other payment terms can be agreed individually, and only in writing. The current fees for the payment method are listed on the seller’s website. In the case of bank transfer, the purchase price is paid only when the entire purchase price (or part of the price for a separate part of the delivery) is credited to the seller’s account. The seller is entitled to interest on arrears in the amount determined by applicable legal regulations. If partial claims are not paid on time, or if a petition is filed to initiate insolvency proceedings against the property of the buyer entrepreneur, the seller is entitled to declare all outstanding claims due with immediate effect. If the buyer entrepreneur owes payment of several invoices or partial claims, the seller may stipulate that the installment will first be set off against the older debt. An administrative fee of 6.6 EUR excluding VAT (E8 EUR including VAT) may be charged for each reminder sent. In the event of a legal settlement of the obligation, an administrative fee of 200 EUR excluding VAT (242 EUR including VAT) will be charged. If the buyer orders goods that are manufactured according to the buyer’s wishes, non-standard quantities (it varies for each product with regard to its nature), goods that the seller does not have in stock, the seller may ask the buyer to pay a deposit in a pre-agreed amount even though the seller’s online store has enabled the buyer to pay on delivery. In this case, the buyer has the right to withdraw from the contract. If the buyer has paid a deposit for the purchase price of goods delivered to order, the deposit is non-refundable. The buyer has the right to a refund of the deposit only if the buyer withdraws from the contract on the basis of force majeure or exclusively for a reason on the seller’s part. In the event of a delay, the seller is entitled to compensation for the costs reasonably incurred in collecting the amount owed from the buyer. In the event of a return of goods, the seller is entitled to make the refund of the purchase price conditional on the approval of a tax credit by the buyer entrepreneur.

4.3. The seller may request a deposit or other similar payment from the buyer. This does not affect the provisions of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within four days of concluding the purchase contract.

4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account. The ordered goods will be shipped only after the purchase price including VAT (or excluding VAT if the buyer businessman is EU VAT payer) has been paid, as soon as possible according to the warehouse’s capabilities. The shipping date specified in the confirmation e-mail is therefore only indicative in this case.

4.6. The seller is entitled, especially in the event that the buyer does not confirm the order additionally, to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code of the Czech Republic shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – invoice to the buyer regarding payments made on the basis of the purchase contract. Prodávající je plátcem daně z přidané hodnoty. Daňový doklad – fakturu vystaví prodávající kupujícímu a zašle jej v elektronické podobě na elektronickou adresu kupujícího uvedenou v objednávce, popřípadě na zvláštní vyžádání kupujícího se zbožím.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code of Czech Republic, it is not possible to withdraw from a purchase contract for the supply of goods that have been manufactured or modified (custom-made goods) according to the wishes of the buyer or for his person, which cannot be returned due to their specified properties, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygiene reasons, and from a purchase contract for the supply of an audio or video recording or computer program if the original packaging has been broken.

5.2. The seller may withdraw from the purchase contract if the delivery of the goods becomes impossible, or if the seller, after confirming the order, subsequently discovers in a credible manner facts giving rise to reasonable concerns that the goods offered do not meet the legal conditions for free sale on the market or do not meet the safety conditions, or the goods at the seller’s disposal begin to show defects and malfunctions not caused by the seller, in which case the seller will not be able to ensure the delivery of the goods in at least normal quality. Regardless of other legal and contractual reasons, the seller is entitled to withdraw from the contract if the buyer has provided incorrect information about his creditworthiness, stops his payments or partial payments, a petition is filed against him to initiate insolvency proceedings, or economic conditions deteriorate to such an extent that the seller cannot be fairly required to be bound by the contract.

5.3. Withdrawal from the contract – consumer buyer. If the consumer buyer has concluded a contract through an online store, and unless it is a case specified in the terms and conditions or another case where withdrawal from the purchase contract is not possible, the consumer buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code of Czech Republic, within fourteen (14) days from receipt of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To exercise the right of withdrawal from the contract, the buyer can use the sample withdrawal form, which is available for download on the seller’s website. The buyer can send the withdrawal from the purchase contract to the address of the seller’s premises or to the seller’s e-mail address eshop (at) adamikcompany.com. The website also contains instructions on the right of withdrawal from the contract and a sample withdrawal form. After completing and sending the sample withdrawal form, the seller will confirm its acceptance without undue delay. If the consumer buyer withdraws from the contract, he shall send or hand over the goods he received from the seller to the seller without undue delay, no later than fourteen days after withdrawal from the contract. The costs of returning the goods shall be borne by the buyer when exercising the right to withdraw from the contract, even in the case where the goods cannot be returned by regular mail due to their nature. If the delivered goods do not correspond to the ordered goods, the seller shall bear the costs of returning the goods. If the consumer buyer withdraws from the contract for a reason attributable to the seller, the seller shall return to him without undue delay, no later than fourteen days after withdrawal from the contract, all funds, including delivery costs, received from him under the contract, in the same manner. The seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that he has sent them to the seller. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer’s consumer claim for a refund of the purchase price. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code of the Czech Republic, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of receipt of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account specified by the buyer. If a gift is provided to the consumer buyer together with the goods, the gift contract between the seller and the buyer is concluded with a termination condition that if the consumer buyer withdraws from the purchase contract, the gift contract regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods. The buyer cannot return the goods by cash on delivery and the seller refuses to accept this method of returning the goods. All costs associated with this are borne by the consumer buyer.

5.4. Withdrawal from the contract – buyer entrepreneur. The seller’s delay in delivering the goods is considered a minor breach of contract. In the event that the seller fails to deliver the goods even on the new date agreed with the buyer, the buyer is entitled to withdraw from the contract, in which case this withdrawal must be in writing and must be delivered to the seller. The buyer is not entitled to withdraw from the contract due to the seller’s delay if he has been notified that the performance under the purchase contract has already been sent to the buyer’s address. If the goods are delivered in packaging that is destroyed by the buyer and the goods cannot be sold as new after being returned due to withdrawal, the seller is entitled to compensation for the depreciation of the goods, where the amount of depreciation is determined as the difference between the purchase price at which the goods were sold and the purchase price at which the goods can be sold as used. The seller is entitled to withdraw from the purchase contract due to a delay in payment of the purchase price or as a result of the repeated failure of the buyer entrepreneur to cooperate in delivering the goods, in which case the seller’s right to compensation for damages is not affected. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer entrepreneur is concluded with a termination condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift loses its effect and the buyer is obliged to return the gift provided to the seller together with the goods. If these are not returned, these values ​​will be understood as unjust enrichment of the buyer. If the return of the object of unjust enrichment is not possible, the seller has the right to monetary compensation in the amount of the usual price. The buyer entrepreneur cannot return the goods by cash on delivery and the seller refuses to accept this method of returning the goods. All costs associated with this are borne by the buyer entrepreneur.

5.5. The right of withdrawal does not exist for deliveries of goods that were manufactured according to the buyer’s specifications. The buyer does not have the right to withdraw from the contract in accordance with the provisions of Section 1837 of the Civil Code of Czech Republic, in particular, in the following cases:

• provision of services, if they were performed with his prior express consent before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract;
• the delivery of goods or services whose price depends on fluctuations in the financial market independent of the seller’s will and which may occur during the withdrawal period;
• delivery of goods that have been customized according to the buyer’s wishes or for his person;
• repair or maintenance carried out at a location designated by the buyer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the delivery of spare parts other than those requested;
• delivery of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygiene reasons;
• if the buyer did not notify the defect without undue delay after he could have discovered it during a timely inspection and with sufficient care, the court will not grant him the right to compensation for defective performance. If it is a hidden defect, the same applies if the defect was not notified without undue delay after the buyer could have discovered it with sufficient care.

The seller reserves the right to cancel the order and withdraw from the contract for goods marked “On order” in the event that the goods can no longer be delivered or replaced with another model or if its price has changed significantly and the buyer does not accept this before the purchase contract is concluded. The seller informs the buyer of this situation by e-mail or telephone. If part or all of the order has been paid, the money will be returned to the buyer’s account. Note: If the goods paid for through installment sales are returned to the seller (based on §53 of the Civil Code of Czech Republic, the buyer still has an obligation, in particular payment, arising from the conclusion of the contract with the installment company.

5.6. Withdrawal in other cases. Bude-li umožněno kupujícímu podnikateli odstoupit od kupní smlouvy ve lhůtě čtrnácti dnů, pak kupující podnikatel bere na vědomí, že vrácená kupní cena může být ponížena o to, oč se snížila hodnota zboží. Bude-li umožněno kupujícímu podnikateli odstoupit od kupní smlouvy ve lhůtě čtrnácti dnů a vrácené zboží nebude v originálním obalu včetně veškerých součástí a příslušenství, pak kupující podnikatel bere na vědomí, že prodávající si vyhrazuje právo takovéto vrácení zboží zpoplatnit, a to takovou částkou, kterou prodávající vykompenzuje náklady, jež jsou nezbytné vynaložit pro znovuuvedení zboží do prodeje.

The buyer cannot withdraw from the contract or request the delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply if

• if the condition has changed as a result of an inspection to determine a defect in the item
• if the buyer used the item before the defect was discovered
• if the buyer did not cause the impossibility of returning the item in an unchanged condition through his actions or omissions

If the buyer has not notified the defect of the item in time, he loses the right to withdraw from the contract. For the purpose of protecting the buyer’s rights, if the buyer is a legal entity and requests payment of the credit note in cash directly at the seller’s branch, then the relevant amount will be transferred only to persons authorized to act on behalf of the legal entity in question, i.e. the statutory body, or a person who is proven by an officially verified power of attorney, or a person who is listed as the “administrator” in the buyer’s profile on the website www.adamikshop.cz. The buyer may cancel an order that has not yet been confirmed by the seller by email to the seller’s email address. All orders accepted by the seller are binding. Even a binding order can be canceled after prior agreement with the seller. If the order is not canceled before shipment and is shipped, the buyer may be required to reimburse the costs associated with shipping and returning the goods. For goods made to measure or at the buyer’s request, the order can only be cancelled until the goods in question are produced. If the buyer does not take over the goods or withdraw from the purchase contract in accordance with these terms and conditions, the seller is entitled to a cancellation fee of EUR 20 and further to compensation for the costs associated with the delivery of the goods, as well as other costs incurred by the seller due to the buyer’s failure to take over the goods, and is further entitled to withdraw from the purchase contract. This does not exclude the seller’s claim for compensation for damage incurred by the buyer as a result of this action by the buyer. If, for reasons on the buyer’s part, the goods must be delivered repeatedly or in a manner other than the agreed upon, the buyer is obliged to pay the costs associated with such delivery.

Form for withdrawal from the purchase contract (.pdf)

6. TRANSPORTATION AND DELIVERY OF GOODS

6.1. If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

6.2. If the seller is obliged under the purchase contract to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3. If, for 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 pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

6.4. When accepting 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. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier. The buyer is entitled to refuse to accept goods from the carrier that are obviously damaged, or the shipping packaging is damaged in such a way that it gives rise to a reasonable assumption that the goods inside are damaged (this also applies to cases where the packaging shows that it has been exposed to weather or water). If the buyer still wants to accept the goods, because damage to the packaging of the goods does not always have to have an effect on its contents, the buyer is obliged to draw up a report on damage to the shipment with the carrier upon delivery of the goods, or to document this defect in an appropriate manner. If the buyer discovers physical damage to the goods after delivery and unpacking, which may have been caused by transport, this fact must be reported without undue delay (the buyer is a businessman within 24 hours at the latest, the buyer is a consumer within 24 hours at the latest, but not later than 3 working days) to the seller, who will inform the buyer about the further procedure and the handling of the complaint with the carrier.
6.5. Additional rights and obligations of the parties during the transport of goods may be regulated by the seller’s special delivery conditions, if issued by the seller.

6.6. For goods that the seller has available in its own warehouse, these are usually available for delivery in the seller’s customer center by the second business day after the seller confirms the order, otherwise usually within two business days (within the Czech Republic, Slovak Republic and Poland). In the case of other countries within a few days depending on the buyer’s delivery address. Goods that are not in stock are considered to be made-to-order goods and the delivery time is determined by the seller. The goods are reserved and are usually delivered no later than 4-8 weeks (depending on current production capacity) from the seller’s confirmation of the order. If the goods are not delivered within this period, the buyer is informed of a new additional delivery date. The delivery time stated in the offer or in the purchase contract is only indicative and the seller is not liable for damages incurred due to a delay in delivery compared to the expected delivery time.

6.7. The method of delivery of the goods depends on the choice of the buyer, when the buyer specifies the method of delivery of the goods in the order. If he does not do so, the seller chooses the method of transport himself. Depending on their nature, the goods can be delivered by a parcel or pallet service to the buyer’s address or the goods can be collected in person from the seller. Current prices for the transport of goods by a parcel or pallet transport service are communicated by the buyer for approval immediately after creating the order. When the goods are taken over in person by the buyer, the goods are only shown upon the buyer’s prior written request, and only if the nature of the goods allows it. The personal acceptance of the goods by the seller must always be confirmed in writing. If the buyer does not take over the goods on time or refuses to take over the goods and if he expressly or tacitly refuses to take over the goods even after setting a reasonable additional period for reasons other than legal ones, the seller may withdraw from the contract and demand compensation for damages. The same applies to late payment of the agreed final amount of the purchase price.
If the buyer does not take over the ordered goods within five days of the invitation (via e-mail), the purchase contract is considered cancelled. When delivering goods by a transport service, shipments are made only on weekdays. For orders placed on Saturday, Sunday or a public holiday, the goods will be sent on the first following working day. Goods delivered by a transporter are always packaged by the seller in protective packaging in the usual way, so as to prevent damage to the goods, when the protective packaging used, or their printing or description may not correspond to the delivered goods. The delivered goods are always identified by a label on the protective packaging, which informs the buyer about the seller as the sender. Ownership of the packaging passes to the buyer at the moment of handover and acceptance of the purchased item, and with it all obligations arising from the Packaging Act. For the period of delay of the buyer entrepreneur in taking over the goods at the store or failure to take over from the carrier, the risk of damage, loss and destruction of the thing passes to this buyer entrepreneur. The buyer entrepreneur is obliged to inspect the goods as soon as possible after taking over the goods, but no later than within 24 hours of taking over and to claim any damage to the goods from the seller within 24 hours of taking over the goods. This procedure is recommended for the buyer consumer with regard to preventing any problems associated with later complaints about the condition of the delivery of the ordered goods. The seller is responsible to the buyer consumer for the fact that the goods are in accordance with the purchase contract at the time of taking over. The delivery of the goods is carried out by sending them to the buyer entrepreneur, i.e. it is carried out at the moment when the goods are handed over by the seller to the first carrier for transport for the buyer entrepreneur (the moment of delivery). When sending the goods via a carrier to the buyer consumer, the goods are delivered by taking them over from the carrier. If the seller chooses to transport the goods at his own expense, delivery is made when the buyer is allowed to handle the goods at the agreed place of destination. In the case of personal collection, delivery is made when the buyer is allowed to handle the goods at the seller’s place of sale. If a deadline for acceptance is agreed, delivery is made on the last day of the agreed deadline, unless the buyer takes over the goods earlier. The risk of damage to the goods and all related liability to third parties shall pass to the buyer at the time of delivery. The buyer shall acquire ownership of the goods upon full payment of the purchase price or upon delivery of the goods, whichever is later. As long as the goods are in the seller’s possession, the seller may retake possession of the goods due to the buyer’s failure to fulfill his obligations. Until ownership has passed to the buyer, the buyer shall be obliged to take care of the goods already delivered to him at his own expense as if he were a warehouseman and shall not be entitled to dispose of them, use them or interfere with them in any way. The same shall apply if the seller, for any reason, becomes the owner of the goods again.

6.8. If the buyer does not accept the goods sent on delivery for other reasons (e.g. he is unable to pay the purchase price, is not reachable for the carrier or otherwise makes it impossible to hand over the shipment) and the goods are returned to the seller, the seller is entitled to withdraw from the purchase contract, this is a material breach of contract. In the event of a breach of obligation by the buyer under the previous sentence, the seller is entitled to payment of a contractual penalty in the amount of the shipping cost that he had to spend, i.e. the price for transporting the shipment to the buyer and back, regardless of the fact that the transport was originally provided to the buyer free of charge.
6.9. If the buyer does not accept the goods paid for on a so-called pre-invoice (advance invoice) for other reasons (e.g. he is not reachable for the carrier or otherwise makes it impossible to hand over the shipment) and the goods are returned to the seller, the seller is entitled to withdraw from the purchase contract, this is a material breach of contract. In the event of a breach of obligation by the Buyer pursuant to the preceding sentence, the Seller shall be entitled to payment of a contractual penalty in the amount of the shipping costs incurred, i.e. the price for transporting the shipment to and from the Buyer, regardless of the fact that the transportation was originally provided to the Buyer free of charge. The Seller shall be entitled to offset its above-mentioned claim for payment of the contractual penalty against the Buyer’s claim for the refund of the purchase price. In this case, the Seller shall not be obliged to pay the Buyer interest on the monetary performance provided.

7. LIABILITY FOR DEFECTIVE PERFORMANCE AND WARRANTY AND WARRANTY CONDITIONS

7.1. The warranty period begins upon receipt of the item by the buyer. The buyer is obliged to inspect the goods immediately after receipt. If damage is evident upon receipt, a damage record will be made. Later complaints about mechanical damage to the product cannot be accepted. The buyer should also take these steps in his own interest, in order to avoid later problems arising from liability for defects that arose as a result of transport (mechanical damage), when any complaint will be based on the fact that he accepted the delivered goods without reservations. The buyer is obliged to immediately inspect and check the goods and, without undue delay, report any defects to the seller in writing and specifically and stop using the goods. In the event of defects, the seller will satisfy the claims of the entrepreneur buyer at his own discretion, namely by carrying out repairs, replacing the goods (or their defective parts) or reducing the price. Any goods returned to the seller that cannot be repaired will become the property of the seller. Claims for damages by the buyer are excluded. The consumer buyer shall inform the seller of the right he has chosen when notifying the defect, or without undue delay after notifying the defect. However, the seller is entitled to refuse the type of alternative performance chosen if this is only possible with unreasonable costs and another type of additional performance is available without substantial harm to the buyer. The consumer buyer cannot change the choice made without the seller’s consent; this does not apply if the consumer buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time, or if he notifies the consumer buyer that he will not remove the defects, the consumer buyer may request a reasonable discount on the purchase price instead of removing the defect, or may withdraw from the contract. When a new item is delivered, the buyer shall return the item originally delivered to the seller at the seller’s expense. If the consumer buyer asserts a right arising from defective performance, the seller shall confirm this in writing. If the buyer has not notified the defect of the item in time, he loses the right to withdraw from the contract. The buyer is obliged to provide the seller with a reasonable period of time to eliminate the defects, otherwise claims for defects of any kind shall lapse. If the performance cannot be corrected within the period for eliminating the defects, set reasonably to all circumstances, the buyer may withdraw from the contract or demand a reduction in the purchase price. The buyer does not have the right to withdraw from the contract if the defects are only minor or repairable. The costs of transport and other costs of exchanging or returning the goods are borne by the buyer entrepreneur. It is expressly agreed that in the event of defects in the item, the buyer entrepreneur is not entitled to compensation for the costs incurred for transporting the goods to and from the seller. The seller is also not liable for the buyer’s lost profit, as well as for other indirect damages resulting from the defects of the goods.

7.2. The provisions set out in the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.

7.3. The buyer exercises the right to claim defective performance at the seller’s premises, after prior agreement, in which the acceptance of the complaint is possible with regard to the range of goods sold. However, if another entrepreneur designated for repair is specified, which is at the seller’s location or at a location closer to the buyer, the buyer may exercise the right to repair at the entrepreneur designated for warranty repair. If it is not possible to ensure the repair in this way, the repair will be provided by ADAMIK Company, s.r.o, as the seller. We will provide a list of service centers at eshop (at) adamikcompany.com. If you have a question about your complaint, please send it in writing to eshop (at) adamikcompany.com.

7.4. For the consumer buyer, the seller provides a statutory liability for defects for a period of 24 months and for the entrepreneur buyer with a valid ID for a period of 6 months from the date of issue of the sales document, unless otherwise stated, from the date of issue of the sales document for use in single-shift operation (max. 8 hours per working day). Nad rámec zákonné odpovědnosti za vady poskytuje prodávající kupujícímu podnikateli individuální záruku dle druhu zakoupeného zboží (obvykle v délce až 12 měsíců) od data vystavení prodejního dokladu. Podmínky této záruky jsou uvedeny v Záručních podmínkách bod 7.7. obchodních podmínek. Kupující je před prvním použitím povinen prostudovat záruční podmínky včetně návodu na obsluhu a následně se těmito informacemi důsledně řídit. V opačném případě se vystavuje nebezpečí, že svým nesprávným užíváním věc poškodí a nebude moci vzniklou vadu uplatnit v rámci svého práva plynoucího z odpovědnosti za vadu. V případě neoprávněného uplatnění práv z vad je kupující povinen uhradit veškeré náklady, které prodávajícímu v důsledku neoprávněné reklamace vznikly, včetně úhrady za práci techniků prodávajícího ve výši odpovídající odměně za obdobné servisní služby dle aktuálního ceníku servisních zásahů prodávajícího. V případě oprávněné reklamace má kupující spotřebitel právo na úhradu účelně vynaložených nákladů, spojených s uplatněním oprávněné reklamace. Tyto náklady jsou chápány jako nejmenší nutné. Zejména se jedná o poštovné na zaslání reklamace. K těmto nákladům nemusí patřit cesta vozem pro uplatnění reklamace a expresní přepravy a další obdobné. V důsledku tak prodávající nemusí uhradit plné poštovné, které zaplatil kupující spotřebitel. Vychází se z nejnižší možné ceny dopravy na trhu. O proplacení nákladů je nutné žádat bez zbytečného odkladu nejdéle však do 1 měsíce od konce lhůty pro uplatnění práv z vadného plnění. V případě neoprávněné reklamace nemá kupující nárok na náhradu svých nákladů spojených s vyřízením reklamace. V případě prodloužené (smluvní) záruky prodávající určí podmínky a rozsah prodloužené záruky. Záruka se nevztahuje na běžné opotřebení věci (nebo jejích dílů) způsobené používáním. Kratší životnost výrobku nelze tedy považovat za vadu a nejde ani reklamovat. Na žádost kupujícího spotřebitele je prodávající povinen poskytnout záruku písemnou formou (záruční list). Pokud je poskytována delší než zákonná záruka, prodávající určí podmínky a rozsah prodloužení záruky formou prohlášení. Reklamace (uplatnění odpovědnosti za vady) bude vyřízena bez zbytečného odkladu, pokud se prodávající s kupujícím nedohodne jinak. Sjednané vlastnosti předmětu smlouvy, který je prodávající povinen zajistit, vyplývají výhradně ze smluvních ujednání s kupujícím podnikatelem nikoli z vychvalování předmětu koupě, reklamy, prospektů apod. Kupující podnikatel neobdrží záruky v právním smyslu.
7.5. Nárok prodávajícího na náhradu za užívání – odstoupí-li od smlouvy prodávající z důvodu ležícího na straně kupujícího spotřebitele, je kupující spotřebitel vedle náhrady skutečně vynaložených nákladů spojených s vrácením zboží povinen poskytnout prodávajícímu náhradu za používání zboží, určenou podle jeho opotřebení. The compensation for use is agreed at 0.5% of the purchase price for each calendar day from the delivery of the goods to the consumer buyer until the goods are taken over by the seller. If the business buyer returns the item due to withdrawal or non-performance, the seller is entitled to demand compensation for use for the previous use of the item, as well as the costs of restoring it to its previous condition. The optical and technical condition of the returned item of purchase is taken into account in calculating the claim for compensation for use. The compensation for use is at least 30% of the net purchase price, as well as an additional usage fee of 4% of the total payment for each calendar month.

7.6. Limitation of liability for damages – the liability of the legal representatives, authorized persons and employees of the seller towards the buyer is excluded, except in cases of intent or gross negligence. It is expressly agreed that no liability for damages arises on the part of the seller in the event of damage arising as a result of the seller’s actions. If liability for damages arises, then in such a case it is limited to the amount of the price of the goods according to the purchase contract. The seller is not liable for any damage incurred by the buyer as a result of his delay and for the lost profit of the buyer’s entrepreneur, as well as for other indirect damages of the buyer.

7.7. Warranty conditions – these warranty conditions regulate the rights and obligations between the seller – ADAMIK Company, s.r.o., – hereinafter referred to as the “seller”, on the one hand, and the buyer on the other. These warranty conditions regulate differently the rights and obligations for buyers who act in relations with the seller as consumers (hereinafter referred to as the “buyer consumer”) and differently for natural or legal persons conducting business under the Trade Licensing Act or other special law or state and public institutions and organizations (hereinafter referred to as the “buyer entrepreneur”), who in relations with the seller act within the framework of business activities or within the framework of the independent performance of their profession, where the different rights and obligations of both buyers are regulated and distinguished below as the rights and obligations of the “buyer consumer” and the rights and obligations of the “buyer entrepreneur”. By concluding a purchase contract and taking over the goods from the seller, the buyer agrees to the warranty conditions set out below.

7.7.1. Liability for defects: The seller or contractor is legally liable under pecuniary contracts (purchase contracts) for the goods to be free from defects at the time of delivery. The liability applies to all parts (except for point 7.7.3.) as well as to the costs of labour, transport and travel. Any consequential damages are excluded.

Buyer consumer – Legal liability for defects for a period of 2 years from the date of issue of the sales receipt.

Buyer entrepreneur – Liability for defects applies for 6 months from the date of issue of the sales document.

In single-shift operation (max. 8 working hours per day). Additional agreements always require written form, oral promises are not valid.

7.7.2. Voluntary additional warranty: In comparison to the liability for defects that applies by law, a voluntary additional warranty is a voluntary undertaking that the goods or performance will remain free from defects for a certain period of time beyond the statutory liability for defects. Záruka vyžaduje písemnou formu. Ústní dohody jsou vyloučeny. Záruka se vztahuje jen na mechanické části (s výjimkou bodu 7.7.3.), nevztahuje se na náklady na práci, přepravu a cestovné. Případné následné nároky na náhradu škody jsou vyloučeny.
Stroje: Prodávající poskytuje záruku po dobu 1 roku nebo maximálně 1 600 provozních hodin na díly mechanických součástí (s výjimkou bodu 7.7.3.).

Accessories: The seller provides a warranty for 1 year (except for point 7.7.3.).

Spare parts: The seller provides a warranty for a period of six months (except for point 7.7.3.).

Used goods: Only the statutory provisions on liability for defects apply, which is 1 year for buyer consumer and 3 months for buyer businessman.

7.7.3. Exclusions from liability for defects and warranty.

• If the defect did not exist at the time of delivery.
• If the goods are damaged during transport (this damage must be resolved with the carrier upon receipt, we send all shipments insured).
• Defects caused by improper use or overloading.
• Defects caused by improper installation, improper commissioning, improper handling, operation or storage or neglect of care for the goods.
• Failure to comply with the prescribed operating or installation conditions (machine base plate, electrical distribution, compressed air distribution, exhaust distribution).
• If a defect has occurred due to improper handling or external force (e.g. scratches, dents, twisting, etc.).
• No liability is assumed for any consequential damages (such as unforeseeable damages).
• No liability is accepted for wear and tear related to appearance and as a result of everyday use (e.g. paint damage, scratches, etc.).
• No liability is accepted for any defects caused by contamination.
• No liability is assumed for defects caused by failure to comply with the instructions in the operating or maintenance manual or arising from use that is contrary to the operating or normal use.
• No liability is assumed for consumable parts (e.g. bearings, belts, gears, segments, threaded rods, threaded nuts, teeth, gears, chip breakers, etc.), as well as plastic parts (e.g. handles, knobs, levers, stickers, blanks, covers, scrapers, roller carriers, rubberized rollers, etc.).
• Nepřebírá se odpovědnost za vady způsobené úpravami, opravami, ostřením a manipulací, které neprovedl autorizovaný personál prodávajícího nebo autorizovaný servis prodávajícího.
• No liability is assumed for defects resulting from damage caused by corrosion, fire or water.
• We do not assume responsibility for defects resulting from external influences, such as 2-phase operation, faulty electrical fuses, undervoltage, overvoltage (visibly burnt components or printed circuits) with the exception of normal deviations, lightning strikes.
• Liability according to the applicable regulations of the country for motors, electrical switches/switches, electrical control boards, etc.
• By breaking a protective seal, information label or serial number, unless the damage occurs during normal use. Seals and serial numbers are an integral part of the goods and do not in any way limit the buyer’s right to use and handle the goods to the full extent of what the goods are intended for.
• Electrical use of goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical influences of the environment directly determined by the seller or manufacturer
• Damage caused by excessive loading or use contrary to the conditions specified in the documentation or general principles
• By performing unqualified intervention or changing parameters
• Goods that have been modified by the customer (painting, bending, etc.), if the defect arose as a result of this modification
• Damage caused by natural elements or force majeure
• The use of incorrect or non-original consumables, or any damage resulting therefrom, if such use is not usual and has not been excluded in the enclosed instructions for use.

7.7.4. Procedure for applying and handling a complaint

The buyer is obliged to submit the goods and proof of purchase replacing the warranty certificate (invoice, receipt) or warranty certificate or provide information to identify the purchase contract (identification data of the buyer, date of sale, order number, etc.) for the complaint. If the buyer does not complain about the goods in person at the seller’s premises, he/she shall send the goods to us by registered mail, together with the information and documents described below, to the address: ADAMIK Company, s.r.o., Mitrovicka 804, 73921 Paskov, Czech Republic. Before sending the complaint, please contact us in advance via email eshop (at) adamikcompany.com. At the seller’s request, the buyer is obliged to provide the cooperation necessary to handle the complaint. In particular, the buyer is obliged to pack and deliver the purchased item to the seller. The goods submitted for complaint must be clean and packaged in such a way that they cannot be damaged during handling. Cleaning the machine does not fall under repair and is not part of the warranty repair. If the machine is dirty, the supplier reserves the right to invoice the work associated with cleaning the machine. The seller recommends that you also submit material samples, other technical information such as speed, feed rate, material removal, processed quantity, workpiece material and other important things that can speed up the complaint procedure with the goods. The seller’s employee will assess the claimed defect and decide on the validity of the complaint as soon as possible. In the case of a more complex professional assessment, this period may be reasonably longer. The employee will write a complaint protocol with the buyer about the claim, stating the date of receipt, content and expected time for handling the complaint, and in addition, in the case of a consumer buyer, what method of handling the complaint is requested. After assessing the complaint, the seller will inform the buyer about the method of handling the complaint, or justify the rejection of the complaint in writing. In the case of an unjustified complaint, the buyer will reimburse the seller for the costs of transporting the goods and the costs of professional assessment of the defect, its localization and possible repair of the defect. If the buyer does not transport the goods after the notification of the settlement of the complaint within 30 days of receiving the notification, he will be charged a storage fee of EUR 6 excluding VAT (EUR 7.26 including VAT) for the machine and EUR 1.6 excluding VAT (EUR 1.94 including VAT) for other goods for each day started from the date of sending the notification until the day the goods are taken over by the buyer. The buyer will always be informed about the settlement of the complaint in the form of a notification sent by one of the means of communication. If the buyer does not take over the goods by the time the amount of the storage fee exceeds the price of the goods complained about, these goods will be used to pay the storage fee.

7.7.5. General warnings

The period for liability for defects and warranty begins with the buyer taking over the goods. In the event that the goods are not collected in person, the moment of handing over the goods to the first carrier is understood as the moment of taking over the goods if the buyer is not a consumer, and if the buyer is a consumer, the moment of taking over the goods from the carrier. No rights arising from defective performance or warranty can be applied to gifts that are provided completely free of charge. The prerequisite for any liability for defects is the full payment of the purchase price and the need for strict compliance with the following regulations:

• Read the operating instructions before putting into operation.
• Careful removal of preservative protective equipment.
• Respecting transport conditions.
• Report damage during transport immediately.
• Compliance with storage and preservation conditions.
• Compliance with the conditions for installation, use for the intended purpose.
• Compliance with the conditions in the operating instructions.
• Compliance with the conditions in the maintenance and care instructions (especially intervals).
• Use of original parts from the seller.

Upon request, the customer is obliged to return the goods or defective part cleaned, suitably packaged and at his own expense to the seller’s point of sale. In the event that the buyer refuses to sign the complaint protocol, the seller is entitled to reject the complaint without giving a reason.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The goods remain the property of the seller until the purchase price for the goods, including all related claims of the seller, is paid in full. In the event of a resale before the purchase price is paid in full, the buyer shall assign his claims against the debtor to the seller in the amount of his obligations to the seller. The buyer is obliged to confirm the assignment of claims to the seller in writing. In the event of interference by third parties, in particular when the subject of purchase is seized, the business buyer is obliged to immediately notify the seller of this fact and at the same time to inform the third party of the seller’s reservation of ownership. The business buyer shall pay all costs that must be incurred to cancel the interference and to re-arrange the subject of purchase. For the business buyer, as long as the reservation of ownership lasts, the sale, mortgaging, transfer of ownership, lease or other transfer of the subject of purchase that limits the seller’s security is permissible only with the seller’s prior written consent. For the buyer entrepreneur, the seller has the right to withdraw from the contract in the event of a breach of the obligations specified in this paragraph.

8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826, paragraph 1 písm. e) občanského zákoníku.

8.3. In accordance with the provisions of Section 1820, paragraph 1) letter j) of the Civil Code of Czech Republic and Section 14, paragraph 1 and Section 20d et seq. of Act No. 634/1992, on the protection of the consumer buyer, the seller informs that with a proposal for out-of-court settlement of a consumer dispute, the consumer may contact the body for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority, on the website www.coi.cz. The Czech Trade Inspection Authority handles proposals for out-of-court settlement of consumer disputes in the manner and under the conditions set out in the relevant legal regulations. For the avoidance of doubt, no provision of these conditions excludes the possibility for the consumer buyer to address his claim to a civil court. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, internet address: http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes arising from the purchase contract. The contracting parties agree to the exclusive jurisdiction of the Czech courts. The legal relationship between the contracting parties is governed by Czech law. The buyer is not entitled to unilaterally set off any rights against the seller’s claim. The rights and obligations of the contracting parties not expressly regulated by the purchase contract or these terms and conditions are governed by Czech law. The application of the UN Convention on the International Sale of Goods (CISG) is excluded. The buyer, an entrepreneur, is not entitled to assign any rights and claims arising from the purchase contract to a third party without the seller’s prior written consent.

8.4. The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, performs, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5. The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code of the Czech Republic.

8.6. Complaints and final provisions – the seller handles complaints from consumer buyers via the electronic address eshop (at) adamikcompany.com. The seller will send information about the handling of the buyer’s complaint to the buyer’s electronic address.

8.7. The buyer agrees that the seller may process the data obtained in connection with the contractual relationship, i.e. the data specified in the order, for marketing and business purposes and may make them available to third parties cooperating with the seller to ensure marketing events, all while respecting applicable regulations, in particular Act No. 101/2000 Coll. on the Protection of Personal Data. This consent of the buyer may be revoked at any time by an explicit declaration made in writing and sent to the seller.

8.8. The contract is concluded in the English language. All translations into foreign languages ​​are for guidance only and in the event of any discrepancy between the Czech text and the translation, the Czech text shall prevail, except for the amount and currency of administrative fees.

9. PROTECTION OF PERSONAL DATA

9.1. The seller shall fulfil its information obligation towards the buyer pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”) related to the processing of the buyer’s personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling the seller’s public law obligations by means of a special document.

10. SENDING COMMERCIAL COMMUNICATIONS AND SAVING COOKIES

10.1. The buyer agrees to the sending of information related to the seller’s goods, services or business to the buyer’s email address and further agrees to the seller sending commercial communications to the buyer’s email address. The seller shall fulfil its information obligation towards the buyer pursuant to Article 13 of the GDPR related to the processing of the buyer’s personal data for the purposes of sending commercial communications by means of a special document.

10.2. The buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller’s obligations under the purchase contract can be fulfilled without the storage of cookies on the buyer’s computer, the buyer may revoke the consent in accordance with the previous sentence at any time.

11. FINAL PROVISIONS

11.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

11.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

11.3. The seller is entitled to transfer all rights and obligations, including those arising from these Terms and Conditions, to an authorized contractual seller and thereby discharge itself from its obligations. In connection with this transfer, the place of performance also changes to the registered office of the contractual seller. The buyer must be informed of this fact immediately.

11.4. The photos shown may be for illustrative purposes only. Prices are subject to change and errors are reserved.

11.5. The supplier-seller reserves the right to change the terms and conditions. Změny a doplňky těchto obchodních podmínek musí mít ke své účinnosti písemnou formu. Od požadavku písemné formy lze upustit rovněž pouze písemně.

11.6. Seller’s contact details: delivery address Mitrovická 804, 739 21 Paskov, e-mail address eshop (at) adamikcompany.com, telephone +420 774 883 858.

11.7. The buyer expressly declares that he has thoroughly read these terms and conditions and that he understands them.

11.8. User information on the use of Google Analytics. In order to better understand you – visitors to our website, we use the Google Analytics service provided by Google, Inc. (hereinafter referred to as “Google”). For greater transparency, we would like to explain to you what this means for you, visitors to our store’s website. The Google Analytics service uses “cookies” (i.e. text files stored on your computer) that enable an analysis of how the website is used. The information generated by the cookie about your use of the website (including your IP address) will be transferred by Google to and stored on servers in the United States. All data obtained in this way will be processed anonymously. The data is intended solely for evaluating the use of the website. Anonymity is guaranteed by the fact that Google will not associate your IP address with any other data that it has or will have available. No sensitive data, such as e-mail, name, telephone number, will be sent to Google. You can refuse the use of cookies, thereby preventing this collection of data about you. You can do this by selecting the settings in your browser. For some browsers, you can install an opt-out advertising cookie plugin that will prevent your data from being sent to Google. By using the Seller’s website, you agree to the processing of data about your visit(s) by Google in the manner and for the purposes stated above.

11.9. The images are taken from the manufacturer and from public sources and are for informational purposes only, the operator does not guarantee their accuracy. Technical specifications may change without express notice. Despite every effort to ensure the most accurate and up-to-date description and technical parameters of the products, we cannot guarantee that the data and information provided correspond to reality. All manufacturers reserve the right to change some parameters or features without prior notice. If the buyer needs assurance about certain product parameters, he is obliged to contact the seller. Later complaints about parameters and features are an unnecessary complication for both parties and cannot be accepted. The seller reserves the right to change the price of the goods in the order, in the event of an obvious error or typo in the price. In such a case, the customer is informed, and if he does not agree with the proposal, the seller has the right to withdraw from the contract and cancel the order. At the same time, the seller is not liable for technical specifications and descriptions of goods, which may be taken from other suppliers, manufacturers and may contain deviations.

These terms and conditions come into effect on January 5, 2026 and fully cancel the previous terms and conditions.