Terms and conditions
I. General Provisions
1. These Terms and Conditions govern the relationships between the contracting parties of a purchase agreement, where on one side is NADOTEC s.r.o., Company ID No.: 19651732, VAT ID: CZ19651732, with its registered office at U měšťanského pivovaru 1417/7, Holešovice (Prague 7), 170 00 Prague, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 389712/MSPH, as the seller (hereinafter also referred to as the “Seller”), and on the other side is the buyer (hereinafter also referred to as the “Buyer”).
2.
SELLER
The Seller is a person who, when concluding and performing the contract, acts within the scope of their business activity and is considered an entrepreneur.
BUYER
In accordance with applicable law, a distinction is made between a Buyer who is a consumer and a Buyer who is not.
A business Buyer (entrepreneur) is a Buyer who is an entrepreneur and, when concluding the purchase agreement, it is clear from the circumstances that the purchase relates to their business activity. If the Buyer provides their company identification number in the order, they acknowledge that they are considered a business Buyer in the contractual relationship.
A consumer Buyer (consumer) is any individual who, outside the scope of their business activity or independent profession, concludes a contract with an entrepreneur or otherwise acts with them.
3. By placing an order and/or confirming an order form and/or performing any other act by which they accept an offer to conclude a contract, the Buyer confirms that they have read these Terms and Conditions in detail prior to concluding the purchase agreement, including the pre-contractual information contained in Article II, as well as the information on the right of withdrawal, and that they expressly agree to them.
4. These Terms and Conditions govern the rights and obligations of the Seller and the Buyer arising from the concluded purchase agreement. Any deviations or additional agreements must be made in writing and expressly confirmed by both parties.
5. The term “Civil Code” refers to Act No. 89/2012 Coll., the Civil Code, as amended.
II. Pre-Contractual Information
The Seller hereby informs:
a) its contact details as follows:
NADOTEC s.r.o.
Correspondence address: U měšťanského pivovaru 1417/7, Holešovice (Prague 7), 170 00 Prague
e-mail: objednavky@nadotec.cz
tel.: +420 724 696 854
b) Delivery costs (shipping) will be charged in addition to the agreed purchase price.
c) All payments shall be made by the Buyer via cashless transfer, unless expressly agreed otherwise in writing.
d) The Buyer agrees to the use of means of distance communication when concluding the purchase agreement. Any costs incurred by the Buyer in connection with the use of such means shall be borne by the Buyer.
e) The Seller requires payment of the full purchase price prior to handing over the subject of purchase to the Buyer.
g) Information on out-of-court consumer dispute resolution is provided in Article IX of these Terms and Conditions.
III. Purchase Agreement
By concluding a purchase agreement, the Seller undertakes to deliver the item that is the subject of the purchase to the Buyer and enable the Buyer to acquire ownership of it, and the Buyer undertakes to accept the item and pay the purchase price.
IV. Purchase Price and Payment
1. All prices are contractual.
2. The Seller informs the Buyer, and the Buyer acknowledges and agrees, that shipping costs are not included in the purchase price. These costs will be charged separately and specified in the Seller’s offer and confirmed by the Buyer in the order.
3. The purchase prices are agreed in Czech crowns (CZK).
4. The Seller is not obliged to deliver the goods before full payment of the purchase price.
V. Delivery of Goods
1. The Seller shall deliver the goods to the Buyer in the agreed quantity.
2. The goods will be shipped to the agreed delivery location.
3. The risk of damage passes to the Buyer upon receipt of the goods. The same applies if the Buyer fails to accept the goods, although the Seller has enabled them to dispose of them; in such a case, the Buyer also bears any storage and additional costs (e.g. return or repeated delivery).
VI. Liability for Defects
1. The Seller is responsible to the Buyer that the goods are free from defects upon receipt.
2. A consumer Buyer is entitled to claim defects within twenty-four (24) months from receipt.
3. In the case of used goods, the consumer Buyer is entitled to claim defects within twelve (12) months.
4. The above does not apply:
- to goods sold at a lower price due to a defect for which the lower price was agreed,
- to wear and tear caused by normal use,
- to defects corresponding to the degree of use of used goods,
- if this follows from the nature of the goods.
5. The Seller is not liable for defects caused by the Buyer, improper handling, improper use, insufficient care, or failure to follow instructions.
6. The Buyer shall inspect the goods without undue delay upon receipt.
7. A business Buyer must report:
- visible defects within 3 days
- hidden defects within 1 week from discovery, no later than 3 months from receipt
8. A consumer Buyer must report:
- visible defects within 1 week
- hidden defects within 1 week from discovery
9. If these deadlines are not met, the Buyer’s rights may not be granted.
10. Defects must be reported in writing to:
NADOTEC s.r.o.
U měšťanského pivovaru 1417/7, Prague
e-mail: objednavky@nadotec.cz
12. Complained goods must be sent to the same address.
DATA FOR CONSUMER BUYERS
(Sections 12–18 apply to consumers)
12. MATERIAL BREACH OF CONTRACT
If defective performance constitutes a material breach, the Buyer has the right to:
- delivery of new goods without defects,
- repair of the goods,
- a reasonable discount,
- withdrawal from the contract.
The Buyer must choose their right without undue delay.
13. NON-MATERIAL BREACH
If defective performance constitutes a non-material breach of contract, the Buyer has the right to have the defect removed or to a reasonable discount on the purchase price.
Until the Buyer exercises the right to a discount or withdraws from the contract, the Seller may deliver what is missing or remedy the defect.
If the Seller fails to remedy the defect in time or refuses to do so, the Buyer may request a discount or withdraw from the contract.
14. If the goods do not have the agreed characteristics, the Buyer may also request delivery of new goods without defects, unless this is unreasonable given the nature of the defect. However, if the defect concerns only a part of the goods, the Buyer may request replacement of that part; if this is not possible, the Buyer may withdraw from the contract. If this would be disproportionate given the nature of the defect, in particular if the defect can be remedied without undue delay, the Buyer has the right to have the defect removed free of charge.
15. The Buyer is also entitled to delivery of new goods or replacement of a part in the case of a removable defect if the goods cannot be properly used due to repeated occurrence of the defect after repair or due to a greater number of defects. In such a case, the Buyer also has the right to withdraw from the contract.
16. If the Buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, replacement of a part, or repair of the goods, they may request a reasonable discount. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace a part, or repair the goods, as well as in the case where the Seller fails to remedy the defect within a reasonable time or if such remedy would cause significant inconvenience to the Buyer.
17. If the goods have a defect for which the Seller is liable and the goods were sold at a lower price or are used, the Buyer has the right to a reasonable discount instead of the right to replacement.
18. For consumers (an individual who, outside the scope of their business activity or independent profession, concludes a contract with an entrepreneur or otherwise acts with them), the following applies: the Seller or an authorized employee shall decide on the complaint immediately, in complex cases within three (3) working days. This period does not include the time reasonably required, depending on the type of product or service, for expert assessment of the defect. The complaint, including removal of the defect, must be resolved without undue delay, no later than 30 days from the date the complaint is made, unless the Seller and the consumer agree on a longer period. Failure to meet this deadline shall be considered a material breach of contract.
VII. Withdrawal from Contract
1. The provisions of this Article apply only to consumer Buyers, who for the purposes of this Article are understood exclusively as individuals who, outside the scope of their business activity or independent profession, have concluded a purchase agreement with the Seller.
2. A consumer Buyer may not withdraw from the contract:
- for the supply of goods that have been customized according to the Buyer’s wishes or for their personal use;
- for the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery;
- for repair or maintenance carried out at a place designated by the Buyer at their request; however, this does not apply in the case of subsequent performance of repairs other than those requested or delivery of spare parts other than those requested;
- for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons.
3. A consumer Buyer may also not withdraw from a contract for the supply of insoles if the Buyer has already used the insole(s). The Buyer must pay maximum attention to selecting the correct size of insole(s).
4. In cases not covered by points 2 and/or 3 of this Article, and where the purchase agreement was concluded by means of distance communication and/or outside the Seller’s usual place of business, the consumer Buyer has the right to withdraw from the contract within fourteen (14) days. The Seller hereby provides the Buyer with information on the right of withdrawal and a model withdrawal form in the appendix to these Terms and Conditions.
5. If the subject of the purchase under the purchase agreement includes both goods for which withdrawal is possible and goods for which withdrawal is not possible, the withdrawal from the contract shall apply only and exclusively to the goods for which withdrawal is permitted, and the effects of withdrawal shall apply exclusively to such goods. In the case of unused insoles, withdrawal may only be exercised for a pair of insoles (it is not possible to withdraw for a single insole separately).
6. The consumer must return the goods complete, i.e. including all supplied accessories, with complete documentation, undamaged, clean, including the original packaging, and in the condition and value in which the goods were received.
7. In the case of consumer goods (e.g. creams, drugstore products, protective products, etc.), withdrawal from the contract is only possible if the Buyer returns the goods unused, undamaged, and in their original unopened packaging.
8. The Seller informs the Buyer that, in the event of withdrawal from the contract, the consumer bears the costs associated with returning the goods, and in the case of contracts concluded via distance communication, also the costs of returning goods that, due to their nature, cannot be returned by standard postal means.
9. If the consumer Buyer withdraws from the contract, the Seller shall, without undue delay, no later than fourteen (14) days from the withdrawal, refund all payments received from the Buyer, including delivery costs, using the same payment method. The Seller shall return the payment by another method only if the consumer agrees and no additional costs are incurred. If the Seller is entitled to compensation for a reduction in the value of the goods, this shall be offset against the Buyer’s claim for a refund of the purchase price.
10. If the consumer has chosen a method of delivery other than the least expensive option offered by the Seller, the Seller shall refund delivery costs only up to the amount corresponding to the least expensive delivery method offered.
11. If any provisions of this section differ from those contained in the Information on the Right of Withdrawal and the model withdrawal form, the provisions of this section shall prevail.
VIII. Retention of Title
The Seller retains ownership until full payment is made.
IX. Governing Law and Dispute Resolution
1. Purchase agreements concluded between the Seller and the Buyer are governed by Czech law, and the rights and obligations of the contracting parties are governed by the legal order of the Czech Republic, excluding conflict-of-law rules of private international law. This also applies in cases where the Buyer has their registered office or residence outside the territory of the Czech Republic and/or the goods are to be delivered outside the territory of the Czech Republic. However, this choice of law does not in any way exclude or limit the protection of the consumer – an individual – provided by the law of the country in which the consumer has their habitual residence.
2. For all potential disputes between the Seller and a business Buyer, the contracting parties agree on the local jurisdiction of the court according to the Seller’s registered office.
3. In the event of a dispute between a consumer Buyer (an individual who, outside the scope of their business activity or independent profession, concludes a contract with an entrepreneur or otherwise acts with them) and the Seller, the consumer may also use the option of out-of-court dispute resolution. In such a case, the consumer Buyer may contact the out-of-court dispute resolution body, which is the Czech Trade Inspection Authority (coi.cz), and proceed in accordance with the rules stated there. More information on out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection Authority. It is also possible to initiate alternative dispute resolution via the online form available at: https://webgate.ec.europa.eu/odr/
4. The Seller recommends that the Buyer first contact the Seller in order to resolve the situation.
X. Severability
If any provision of these Terms and Conditions is found to be or becomes invalid / unenforceable / ineffective, this shall not affect the validity, effectiveness, or enforceability of the remaining provisions of these Terms and Conditions, and such invalid / unenforceable / ineffective provision shall be replaced by a new valid / effective / enforceable provision, the wording of which shall best correspond to the intent expressed in the original provision and the purchase agreement and these Terms and Conditions as a whole.
Appendix
Information on the Right of Withdrawal
Right of Withdrawal
1.1 You have the right to withdraw from the Purchase Agreement within 14 days without giving any reason.
1.2 You have the right to withdraw from the contract without giving any reason within 14 days from the day following the day when:
- you or a third party designated by you (other than the carrier) takes possession of the goods; or
- in the case of a contract for multiple types of goods or delivery in several parts, when you or a third party designated by you (other than the carrier) takes possession of the last delivery of goods; or
- in the case of a contract for regular delivery of goods over a defined period, when you or a third party designated by you (other than the carrier) takes possession of the first delivery of goods.
1.3 To exercise your right of withdrawal, you must inform NADOTEC s.r.o., delivery address: U měšťanského pivovaru 1417/7, Holešovice (Prague 7), 170 00 Prague, e-mail: objednavky@nadotec.cz, of your decision to withdraw from this contract by means of a unilateral legal act (for example, a letter sent via postal service operator or by e-mail). You may use the attached model withdrawal form, but it is not mandatory.
1.4 To meet the withdrawal deadline, it is sufficient to send your notice of withdrawal before the expiry of the relevant period.
Consequences of Withdrawal
2.1 If you withdraw from the contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us). Refunds will be made by bank transfer to your account. You will not incur any additional costs as a result. The refund will be made only after we have received the returned goods or you have provided proof that you have sent the goods back, whichever occurs first.
2.2
a) Return of goods
Send back or hand over the goods without undue delay, no later than 14 days from the day on which you withdrew from the contract, to the following address:
ELITE SUPPLY s.r.o. (nadotec)
Zděbradská 92
251 01 Říčany u Prahy – Jažlovice
The deadline is considered met if you send the goods back before the 14-day period has expired.
b) Costs of returning goods
You shall bear the direct costs of returning the goods.
c) Liability for diminished value of returned goods
You are only liable for any reduction in the value of the goods resulting from handling the goods in a manner other than that necessary to familiarize yourself with the nature, characteristics, and functioning of the goods.
Withdrawal Form
Recipient: NADOTEC s.r.o.
e-mail: objednavky@nadotec.cz
I hereby withdraw from the contract:
Order date / delivery date:
Name:
Address:
Signature (if on paper):
Date: