TERMS AND CONDITIONS
General Business Terms and Conditions of
Antonio Europe s.r.o.
(Hereinafter referred to as the "GTC" or the "Terms and Conditions")
Concluded in accordance with Act No. 89/2012 Sb., the Civil Code, as amended
2. Introductory Provisions
3. Sales Contract
4. Rules and Conditions of E-Shop Service
5. Delivery of Goods
6. Data Processing of the Seller
7. Liability for Defects and Damages (Complaints, Breach of the Sales Contract, etc.)
8. Payment Terms
9. Final Provisions
Bank transfer is the payment of the purchase price to the account indicated on the invoice issued by the Seller.
Internet shop, also e-shop, is an application operated by the Seller on the Internet domain www.antonio.eu, in which the Seller uses for the offering and sales of his products to an unspecified range of persons.
Purchase price is the price of Goods specified in the Sales Contract.
Sales Contract is the Buyer´s Order as confirmed by the Seller. The Seller confirms the Order in accordance with Article 3.1. of the GTC.
Buyer is an entrepreneur who buys the Goods from the Seller within the scope of business activity regarding these products and services. The relationship between Seller and Buyer is governed by the GTC to the extent in which it is involved, and with accordance to Act No. 89/2012 Sb., the Civil Code, as amended.
Order is an offer substituting the partial purchase contract which (i) the Buyer sends to the Seller through his Internet shop ( ii ) the Buyer sends to the Seller by email or fax, which specifies the Goods subjected to the Sales Contract and the terms of purchasing the Goods .
Framework Sales Contract is the Sales Contract between the Buyer and Seller through the e-shop service, e-mail, and fax or concluded in person, which regulates mutual rights and obligations between the Seller and the Buyer, particularly in the area of periodic partial Orders, thus setting fixed delivery and payment terms and conditions.
Sales Contract is a contract concluded between the Seller and the Buyer through e - mail, fax or by post, or concluded in person that regulates mutual rights and obligations of both parties in case of one-off supplies . Such a Sales Contract may be replaced with the confirmed Order issued in writing.
E-shop Terms is a summary of conditions that regulate the sale of Goods via the e -shop, posted in the current version at www.antonio.eu.
Seller, also Antonio Europe s.r.o., is a trading company with the registered office in Ústí nad Labem, 403 40, Buzulucká 410, Czech Republic, registered in the Commercial Register kept by the Regional Court in Ústí nad Labem, C 42855, Company Registration Number: 07731744, Tax Identification Number: CZ07731744.
Warranty Claim is the assertion of the Buyer´s right upon the Seller resulting from liability for defects (in quality and / or quantity) of the Goods delivered to the Buyer pursuant to a concluded Sales Contract in accordance with the Warranty Claim Guidelines.
Warranty Claim Guidelines is a set of conditions that regulate the procedure for handling Buyers´ warranty claims relating to purchased Goods. Warranty Claim Guidelines form Appendix No.1 hereof.
E-shop Service is a set of functionalities available for the use of the Seller´s Internet shop.
Contractual Parties or Parties is a collective name for the Buyer and the Seller.
Data is information about the Buyer, which the Buyer states and provides to the Seller upon his registration with the e-shop.
Defect is an inconsistency in quality and/or quantity of the Goods delivered to the Buyer on the basis of the concluded Sales Contract or an issued Order confirmed by the Seller in comparison with the specification of the Goods stated in the Sales Contract. Defects are further distinguished as patent and latent.
Warranty Claim Settling is the Seller’s consideration of record of the warranty claim and the Goods to which such claim relates and the delivery of reply to the Buyer in which the Seller states whether he accepts the claim or not. If the Seller refuses the claim, he shall notify the Buyer of reason(s) of refusal. If the Seller acknowledges the claim, he shall propose how to handle the claim in accordance with the Warranty Claim Guidelines.
Record of Warranty Claim is a document that the Buyer provides the Seller with, thus informing him about an incosistency in quality and / or quantity of the Goods delivered on the basis of a concluded Sales Contract in comparison with the Goods that are subject to the Sales Contract in which they are specified, in the manner and form according to the Warranty Claim Guidelines.
Goods are products and / or services that the Seller offers for purchase through his Internet shop to an unspecified group of buyers.
2. Introductory Provisions
These business terms and conditions define and specify mutual rights and obligations of the Seller and Buyer when purchasing and selling the Goods by means of remote communication - e-shop, e-mails or faxes. Relations not governed by the GTC shall be governed by the provisions of Act No. 89/2012 Sb., the Civil Code, as amended.
Provisions contained in the Written Sales Contract take precedence over the GTC when interpreting conflicting provisions contained within the Written Sales Contract and the GTC.
E-shop allows purchasing of Goods to all Buyers according to the current offer of the Goods listed on the e-shop website.
3. Sales Contract
Sales Contract is concluded upon (i) receipt of the Order confirmation to the Buyer, or by telephone verification and confirmation of the Order in accordance with Clause 4.4. and 4.5. of the GTC.; or (ii) receipt of the Order confirmation dispatched to the Buyer's email address or fax number, or (iii) confirmation of the Buyer´s Order by the Seller during telephone communication (if a particular Buyer is allowed to make phone Orders by the Seller). It is at this time that mutual rights and obligations arising from the Sales Contract are created between the Buyer and Seller. Until the conclusion of the Sales Contract, the Buyer is bound by the Terms & Conditions.
The Buyer is notified of the accord between the GTC and the Warranty Claim Guidelines contained within, with sufficient notice prior to submitting his Order; and by concluding a Sales Contract, the Buyer confirms that he is acquainted with these Terms & Conditions and acknowledges them. These Terms & Conditions are an integral part of the concluded Sales Contract.
The Sales Contract and the GTC as its part are concluded according to Czech law unless it is in conflict with the Buyer´s state law and in the Buyer´s language or in the agreed language version. Written Sales Contract is archived by the Seller for the purpose of its successful fulfillment and is not accessible to third parties. Information on individual steps leading to the conclusion of the Sales Contract is apparent from the ordering procedure in the e-shop. Before submitting the Order, the Buyer has the option to inspect and alter the Contract. These Terms and Conditions are published on the e-shop website, thus allowing their archiving and reproduction by the Buyer.
4. Rules and Conditions of E-Shop Service
The E-shop Service is operated in accordance with the relevant E-shop Terms, as amended, published at www.antonio.eu and generally binding legal regulations of the Czech Republic.
The Buyer places the Order on the E-shop website via the Internet.
If a potential Buyer does not meet the E-shop Terms and Conditions for ordering the Goods via the e-shop, the Order is automatically terminated, the Seller does not reflect upon it and is not obliged to inform the potential Buyer supplying the Order.
After the E-shop receives the Order, the Buyer receives an automatically generated confirmation of the Order by means of electronic communication. The acceptance of the Order and, therefore, the conclusion of the Sales Contract between the Seller and the Buyer shall arise upon receipt of confirmation to the Buyer. The Order shall be deemed as a Sales Contract Proposal until the Buyer receives the Order confirmation.
In case of failure to deliver the Order confirmation to the Buyer, in accordance with Clause 4.4. of the GTC, the Seller confirms the Buyer´s Order by fax or SMS message according to the contact details as provided by the Buyer.
Failing to confirm the Buyer's Order in accordance with the aforemtioned Clauses 4.4 and 4.5, can result in cancellation of the Order by the Seller without any compensation. The Seller is not obliged to inform the Buyer supplying the order about the cancellation of the Order.
5.Delivery of Goods
The Seller ensures the delivery of the Goods to the Buyer via an external carrier to the address specified by the Buyer in his Order, solely on weekdays from 8:00 AM to 18:00 PM.
When ordering up to, and including, 0-999 items, the cost of packaging amounting to 0, - CZK without VAT will be added, as well as the cost of freight based on the current price list.
The cost of freight is based on the current price list shown at www.antonio.eu.
Goods are usually delivered to the Buyer on the next working day following the conclusion of the Sales Contract, or confirming a partial written order or on the second working day following the removal of the Goods from the storage which, at the time of the conclusion of the Sales Contract, was not on stock unless the Buyer receives any other information from the Seller. The Goods are delivered to the Buyer only to existing addresses. In case of any changes or amendments to the Order, which will be confirmed by the Seller, the period mentioned in the first sentence recommences from the beginning.
Goods may be delivered to the Buyer later than the period of time stated in Clause 5.4. due to force majeure, as well as due to reasons that the Seller did not cause (albeit indirectly) and had no influence to avert them. The Seller may withdraw from the concluded Sales Contract if the Goods specified in the Sales Contract were not delivered to the Seller and they are not possible to produce them additionally either. In this case, it shall be agreed by the Seller and the Buyer whether the Buyer will be supplied with similar goods with identical quality, parameters, etc., or whether the Sales Contract terminates with the effect that the Parties will return their performances, or make a reciprocal compensation from the executed performance. The Seller shall notify the Buyer without undue delay of the extension of the delivery period or the need for substitution of similar goods at the same time with the conditions of delivery and thus the consent of the Buyer or of the withdrawal from the Sales Contract.
If the Buyer does not take over the subject matter of the perfomance due to reasons occuring on his part (e.g., despite the agreed term of delivery, a person designated by the Buyer is absent), the Seller will attempt to re-deliver the Goods with the help of an external carrier. After repeated unsuccessful attempts to deliver the Goods to the Buyer, the Seller is entitled to (i) withdraw from the contract; and / or (ii) store or deposit Goods, even at a third party, at the Buyer's expense, in which case the Seller is entitled to demand reimbursement for reasonable cost resulting from disposal or storage of Goods. In the cases referred to in the preceding sentence, as the moment of delivery of Goods is considered the moment of the re-attempted delivery of the Goods.
The Seller has the right to compensation for incurred costs associated with the preparation, delivery attempts, with withdrawal or storage of Goods, as specified in Clause 5.6. of the GTC, in particular logistics compensation fee amounting to 25% of the purchase price, and at least 250, - CZK, not including VAT.
The Buyer shall provide true and accurate information when completing the Order and is liable for the damage caused to the Seller in case of breach in duty. The Buyer shall pay for the purchase price in accordance with the payment terms given in Clause 8.2. hereof.
Withdrawal from the Sales Contract, or cancellation of the Order, is only possible up until the Seller proceeds to dispatch the Goods.
The Buyer is entitled to the costs of returning defect-free goods within 14 days from the date of taxable supply. In case of returning defect-free goods, the Buyer shall return any advantage he acquired by purchasing the returned goods, such as various gifts relating to the goods, quantity and transport discounts etc. In this type of return of defect-free goods, the Buyer confirms to the Seller that goods have no defects. Should the Seller find an incosistency between the Buyer´s confirmation and the fact that the returned goods suffered some defects; the Seller has the right to return only a proportion of the purchase price after deduction of the cost of reinstating returned goods in original condition. The Buyer also acknowledges that he will be returned the Purchase Price minus postage and packing fees valid at the time of delivery. The right to return defect-free goods does not apply to goods purchased in the sales section. The 14-day return period does not apply to a footwear purchases; The Buyer has the right to return purchased goods (footwear) at his own expense within 30 days from the date of taxable transactions
The risk of damage to the Goods passes to the Buyer at the moment of accepting the Goods from the carrier. In the case of apparently damaged packaging of the Goods, the Buyer is not obliged to accept the Goods and is obliged to write a Report of Damage with the carrier.
6. Protection of personal data
The Seller is the controller of personal data pursuant to art. 4.7 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 95/46/EC (General Data Protection) (further "GDPR"). The Seller undertakes to process personal data in accordance with the legal regulations of the Czech Republic and EU regulations, in particular GDPR.
The Seller will process personal data for the purpose of concluding and fulfilling the rights and obligations of the Purchase Agreement. Processed personal data is provided with the highest standard of protection in accordance with Czech legislation and EU regulations in the field of personal data protection.
The Seller undertakes to maintain the confidentiality of the Buyer's personal data and to provide it with adequate protection so that unauthorized or accidental access, alteration, destruction or loss, unauthorized transmission, unauthorized processing, or other misuse of the personal data does not occur.
The Seller will process personal data in the form in which it is acquired from the Buyer, in accordance with the purpose for which it is processed, and to the extent necessary for the fulfillment of that purpose, and store the data for the time necessary for the purpose of its processing only.
The Buyer has the right to request to access his / her personal data from the Seller pursuant to art. 15 GDPR, the rectification of his / her personal data pursuant to art. 16 GDPR, or restriction of processing pursuant to art. 18 GDPR. The Buyer has the right to the erasure of the personal data pursuant to art. 17. 1 (a), and (c) to (f) of the GDPR. The Buyer further has the right to object to processing pursuant to art. 21 GDPR and the right to data portability according to art. 20 GDPR.
The Buyer notes that:
by purchasing goods from the Seller, the Seller has the right to send the Buyer business information, promotional materials, direct sales, market surveys and direct product offers from the Seller and third parties to the Buyer, and
the Buyer declares that he / she does not consider such contact as mentioned in Section 6.6.1 as unsolicited advertising within the meaning of Act. No. 40/1995 Coll. as amended, as the Buyer explicitly agrees to receiving the information according to Section 6.6.1 in conjunction with §7 of Act. No. 480/2004 Coll.
The Buyer has the right to ask the Seller not to send any further information as mentioned in Section 6.6.1. entirely free of charge at firstname.lastname@example.org
The Buyer may not process the Seller's personal data beyond the provisions of Section 6.6.1. without his / her free and informed consent.
7. Liability for Defects and Damages (Complaints, Breach of the Sales Contract, etc.)
The Buyer is obliged, without undue delay, to notify the Seller in writing of any defects of the goods. The Buyer has to inform about apparent defects in conformity with the Guarantee guidelines of the Seller, no later than within 30 calendar days from the date of rendering taxable supplies, and the Buyer will send this record together with the goods the guarantee claim asserted by the Buyer concerns of, to the Seller with the request to process the guarantee. Hidden defects - no later than within 6 months from the date of rendering taxable supplies. The Seller has to be informed about the delivery of incorrect number of pcs or kind of Goods in writing within 14 days from the date of rendering taxable supplies. The goods have to be returned physically to the Seller by the above dates. The later guarantee claims will not be acknowledged.
Claim for goods delivered under the Purchase Agreement cannot be accepted as the Purchase Agreement allows tolerance ± 5% in terms of size, weight and / or shrinkage, colour variations or recession of colour into the fabric of 2 degrees on the gray scale and of the value of goods ± 7% specified in the Purchase Agreement, colour variations or recession of colour into the fabric of 3 degrees on the gray scale in Piccolio range of products. Furthermore, for goods from mixed fabric, Purchase Agreement allows tolerance ± 3% of the ratio of fibers.
The Seller shall handle the Buyer´s warranty claim, including an expert opinion of the Defect which is the subject matter of a warranty claim, within 30 working days from receipt of Record of Claim and the Goods to which the claim relate to the Seller unless agreed upon otherwise.
The Seller is not responsible for any Defects in cases where:
(i) The Buyer of the Goods knew about them before accepting Goods or must have known about them considering circumstances of the conclusion of the Sales Contract;
(ii) The Buyer caused Defects themself, or the Defects were caused by persons who the Buyer is responsible for or who were assigned by the Buyer to perform the tasks in connection with the Sales Contract;
(iii) The Goods that were on sale, and as such (especially on sale or on clearance sale or other marketing event) were offered for sale by the Seller, and / or
(iv) The Goods that have been used by the Buyer, and when it is doubtful whether the Defect could arise from misuse of the Goods or otherwise.
The Seller is not responsible for any damage caused to the Buyer by defective Goods or in connection with the delivery of defective Goods.
Other conditions of a warranty claim application and claims resulting from liability for defects are stated in the Warranty Claim Guidelines. In case of different modification of rights and obligations in relation to the claim between the GTC and the Warranty Claim Guidelines, the rights and obligations specified in the Warranty Claim Guidelines shall prevail.
All photos posted on the web and e-shop www.antonio.eu are illustrative and diversity of colour shade displayed on the e-shop cannot serve as a basis for complaint.
It is necessary for the Buyer to pay due attention and follow the conditions of use in the package leaflet, information brochures, manuals, instructions and other information related to the use of the goods.
The Seller is not responsible for damages caused by misuse of the ordered goods in the event that the customer does not follow information and instructions written in the package leaflet, information brochures, manuals or other.
8. Payment Terms
The Seller reserves the right to change prices. The current prices are communicated to the Buyer by the Seller prior to confirmation of the Order. The Buyer must confirm in writing that he takes new prices into consideration and acknowledges them. These prices are dependent on the type of Buyer´s registration and current prices at the time of the Order.
The purchase price is payable in cash upon personal collection of the Goods at the Seller's warehouse, by cash on delivery or bank transfer in the period of time and under the conditions defined in the Sales Contract. The Buyer shall pay for an administrative fee for the cash on delivery payment at the rate published on the Seller´s website at www.antonio.eu, and valid at the time of receiving the Order.
The Purchase Price is considered to be paid when the Seller receives payment in cash, or at the moment of payment upon delivery by the Buyer, or on the day of crediting the funds to the Seller´s bank account. The Buyer shall specify a variable symbol for proper identification of the payment by bank transfer.
In case of delay in payment by 3 working days after the due date, the Seller notifies the Buyer of such a delay by sending I. Reminder via e - mail communication. If the delay persists for 10 working days past the due date, the Seller asks the Buyer to pay the amount due by email or by conventional mail in a document „II. Reminder - Call for Payment of the Amount Due." If the Buyer fails to pay the amount owed to the Seller twenty days after the due date, the Seller sends " III . Reminder - Call for Payment of Debt - an Attempt at Conciliation." by a registered letter. An administrative fee for processing and sending the Attempt at Conciliation is 200, - CZK and the Buyer shall pay it to the Seller within 3 days of receipt of the Attempt at Conciliation.
In the event of a default in payment, the Seller is entitled to request from the Buyer payment of contractual default charge in the amount of 0.05% a day from the owed amount of money for every day of default. The Buyer is obliged to cover the contractual penalty on late payment within 3 working days from the date of receipt of the Seller’s call to pay the contractual penalty on late payment.
9. Final Provisions
The Seller reserves the right to change an external carrier and / or parameters of the E-shop service. The Seller shall promptly inform the Buyer about unilaterally made changes that have an impact on the price of services provided. Such familiarisation with changes is deemed sufficient via electronic communication or publishing at www.antonio.eu as per the above mentioned sentence.
The Seller reserves the right to limit or temporarily or permanently prevent the Buyer from using the E-shop service.
The Contractual Parties have agreed that any disputes arising from the contractual relationship created by the Sales Contract, including the Terms & Conditions, or in connection with the Sales Contract, and which could not be removed by negotiation and agreement, shall be resolved and finally decided by the Czech courts in accordance with the relevant provisions of the Civil Procedure Code, namely the District court in Ústí nad Labem.
These GTC come into effect as of 1.1.2020. Upon the effectiveness of the new version of GTC, the previous version loses its force and effect.
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