Terms and Conditions

General Terms and Conditions

ADORE s.r.o.

  1. INTRODUCTION
    1. These General Terms and Conditions of Business (hereinafter referred to as "GTC") apply to the purchase of goods from thecompany ADORE s.r.o., with registered office at Nedokončená 363, 102 00 Prague 10, ID No.: 26305453, registered in the Commercial Register maintained by the Municipal Court in Prague, file No. C (hereinafter referred to as "ADORE" or "company ADORE").
    2. An integral part of these GTC is the „Complaints Procedure“ and the „Personal Data Protection Policy“, which are published at https://www.adorepen.cz/. By submitting an order, the Customer confirms that he/she accepts these GTC as amended.
    3. ADORE works exclusively with advertising agencies and office supply wholesalers. ADORE s.r.o. provides its partners with a complete service related to the sale of promotional pens, stationery and other promotional items offered by ADORE s.r.o. Only a partner - a customer whose registration has been authorized by ADORE (hereinafter referred to as "Customer") can be a buyer. ADORE shall be exempt from any liability or penalties in the event that the Goods are used for purposes other than those stated above.
    4. ADORE offers goods primarily through the printed catalogue PenMaster, through the newsletter sent to Customers by e-mail and through the Internet portal https://www.adorepen.cz/ (hereinafter referred to as "Goods").
    5. These GTC regulate the mutual rights and obligations between ADORE as the seller on the one hand and the Customer as the buyer on the other hand, which arise on the basis of a purchase contract or in connection with such a contract, concluded on the basis of the Customer's order (hereinafter referred to as the "Contract").
    6. An integral part of these GTC is the Complaints Procedure located on the Internet portal https://www.adorepen.cz/, which regulates the Customer's rights in the event of a claim for defects in the Goods (hereinafter referred to as the "Complaints Procedure").
    7. An integral part of these GTC is the Personal Data Protection Policy located on the Internet portal https://www.adorepen.cz/, which regulates (among other things) what personal data about customers ADORE processes, for how long, what rights the Customer has, whether and in what cases it is possible to send commercial communications and other necessary information (hereinafter referred to as the "Personal Data Protection Policy").
    8. When delivering abroad, the Customer bears the costs of customs duties, import taxes and internal logistics processes. Similarly, compliance with national regulations, compliance rules, certification requirements and local laws is also the sole responsibility of the Customer in this case.
  2. REGISTRATION, ORDERING AND CONTRACT CONCLUSION
    1. The Customer agrees that only remote electronic means of communication will be used when placing orders, concluding the Contract or in other cases specified in these GTC.
    2. The customer shall create a user account on the Internet portal https://www.adorepen.cz/. When setting up a user account, the Customer shall fill in the company name, first name, last name, username, telephone number, ID number, VAT number (if any), the Customer's authorized e-mail address for communication with ADORE ("Customer's authorized e-mail address") and billing address. As part of the registration process, Customer will also enter its access password. Registration requires authorization by ADORE, and to complete the registration, an e-mail confirming the registration will be sent to the Customer's e-mail address provided at the time of registration. There is no legal right to complete the registration, ADORE may refuse to complete the registration without justification.
    3. By submitting an Order, the Customer also confirms that the employees or agents who place Orders on its behalf, or accept Orders on its behalf, or communicate with ADORE on its behalf, are authorized persons (all such persons acting or representing the Customer collectively, the "Customer").
    4. The Customer is obliged to maintain confidentiality regarding the information necessary to access his/her user account, his/her username and password. The Customer is not entitled to allow third parties to use the user account. The Customer is solely responsible for any misuse of the user account.
    5. The customer is obliged to provide only true, complete and accurate information. The Customer is obliged to update this information if it changes. If the Customer orders by email only, the Customer must provide true, complete and accurate information in each order. In case of discrepancy, ADORE assumes that the last data sent by the Customer is true, accurate, complete and correct. In this case, the Customer's authorized email is deemed to be the email from which the Order was sent or the email through which the Customer communicates with ADORE.
    6. When ordering the Goods, the Customer will proceed on the Internet portal https://www.adorepen.cz/ by adding the Goods (or the quantity of Goods) he wishes to purchase to the basket (i.e. pressing the "Add to basket" button for each Good). When the Customer has added all the Goods he wishes to purchase from ADORE to the basket according to the above procedure, he presses the "CART" or "Add to basket" button. After pressing the "CART" button, the Customer will see a recapitulation of the order, in which the Customer will also find information about the current minimum price of the Goods and, in the next step, the minimum shipping costs. If the Order is sent by email, ADORE will confirm the shipping cost in the confirmation email. The shipping costs are binding unless the Order needs to be manipulated by subtracting or adding Goods or needs to be packaged in a non-standard format. Email orders may only be sent to info@adorepen.cz. Fulfillment of an Order sent to an ADORE email address other than this one cannot be guaranteed.
    7. If the Customer has a user account and is logged into this user account when ordering, he/she does not need to enter any more data, but if he/she wants to deliver the Goods to an address other than the stored address, he/she must enter a different delivery address.
    8. Prior to placing an order, the Customer may check and amend the information entered in the order to ensure that the information is true, accurate, correct and complete. The Customer shall submit the order by clicking on the "Submit Order" button (hereinafter referred to as "Order"). If the Customer orders the Goods by e-mail, the Order shall be deemed to have been placed only upon confirmation of the Order's receipt by ADORE.
    9. After the conclusion of the Contract, ADORE will confirm to the Customer that it has received the Order to the email address provided by the Customer in the Order. The Contract between ADORE and the Customer is concluded upon confirmation of receipt of the Order by ADORE. However, this does not apply in respect of Goods where there is an obvious technical error in the price or quantity of the Goods under the terms of 3.4 of these GTC. If the Goods are custom-made, with printing, the Contract is only concluded upon confirmation of the graphic proof by the Customer, after ADORE has confirmed to the Customer the date of execution. Orders by ADORE.
    10. By submitting an Order, the Customer binds to the terms of these GTC, unless otherwise expressly agreed in writing. If the Customer cancels or changes the Order after the conclusion of the Contract, the Customer shall pay the full price according to the Contract.
    11. ADORE is always entitled to subsequently ask the Customer for additional confirmation of the Order (for example in writing or by telephone). If the Customer fails to confirm the Order without undue delay at ADORE's request, such Order shall be void.
    12. If the Customer does not validly and effectively withdraw from the Contract in accordance with these GTC, the Customer is always obliged to accept the Goods in accordance with the Contract. ADORE shall deliver the Goods ordered by the Customer under the Order to the delivery address specified in the Order.
    13. The volume of Goods actually delivered may vary by up to 3% (three percent), in excess or in shortage, depending on the Order. Goods will be invoiced in the quantity actually delivered. Such variations in quantities will not be subject to any compensation by ADORE as such variations are market standard.
    14. Dimensional data of the Goods presented in the catalogue, newsletter or on the website should be understood as approximate and may vary. The material, colour, design, technical condition, packaging of individual items as well as the size and type of packaging units may vary throughout the year. These changes are not grounds for complaint, even if variations occur within the same delivery.
  3. PRICE AND PAYMENT TERMS
    1. The advertised price of the Goods may not be accurate, e.g. due to rounding of the price to whole crowns or due to a system or technical error according to the article 3.4 of these GTC. ADORE reserves the right to adjust the price within 2 (two) business days after the Customer receives the Order. The advertised prices of the Goods do not include VAT. The final price and the calculation of VAT is always indicated on the tax document (invoice).
    2. Payment must be made by the due date and on the payment terms specified therein. In the case of a bank transfer, payment shall be deemed to be made when the amount due is credited to ADORE's account in full. Overdue debts shall be subject to a contractual penalty in addition to default interest at the statutory default interest rate.
    3. ADORE does not issue a tax document for the Goods purchased under the Contract pursuant to Section 28(1) of Act No. 235/2004 Coll., on Value Added Tax, as amended. The tax document will always be sent to the Customer's e-mail address. By sending the Order, the Customer agrees to the electronic issuance of the tax document. Tax documents are sent to the e-mail address provided by the Customer.
    4. In the event that there is an apparent system or technical error on the part of ADORE in quoting the price of the Goods in the catalogue or on the ADORE website or during the ordering process, ADORE is not obliged to deliver the Goods to the Customer at the apparently incorrect price. In such a case, ADORE shall inform the Customer of the error without undue delay and send the Customer an amended offer to conclude the Contract to the Customer's e-mail address. In such case, the Contract is only concluded upon confirmation of the price by the Customer.
    5. The advertised prices of the Goods are valid for the period of time stated next to the advertised price. Prices for Goods are subject to change according to the time slot selected when ordering the Goods. The applicable price of the Goods is the price in effect at the time the Customer submits the Order.
    6. ADORE does not guarantee the availability of the Goods as the availability of the Goods is always subject to stock availability, which the Customer acknowledges. If the Order cannot be processed for any reason on ADORE's side, the Customer will be informed by the Customer's authorized email.
    7. ADORE has the right to require advance payment. ADORE does not assume any costs of the Customer related to bank transfers or other fees.
    8. The risk of damage to the Goods passes to the Customer at the moment of acceptance of the Goods by the Customer. The Customer becomes the owner of the Goods according to the valid Order, on the basis of which the Contract was concluded, only upon full payment of the price of such Goods according to these GTC.
  4. ORDER CHANGES AND CANCELLATIONS
    1. ADORE shall have the right to suspend deliveries or cancel an Order at any time to a Customer who fails to perform its obligations or for Customer's failure to comply with the law.
    2. A completed and binding Order may only be changed by ADORE in the cases specified in these GTC, and in the event that ADORE contacts the Customer (especially by telephone) that the ordered Goods (or any item in the purchase of Goods) are not available and therefore ADORE cannot deliver them to the Customer. This is without prejudice to the article 3.1 a 3.4 of these GTC.
    3. Goods not delivered due to the Customer's absence at the delivery address shall, without exception, be fully payable as if duly accepted by the Customer. Additional shipping costs incurred as a result of the Customer's absence will be charged in full to the Customer.
    4. If the Customer is not present when the Order is delivered and the Goods are returned to ADORE, the Customer shall pay ADORE a penalty equal to the cost of preparing and shipping the Order. This penalty will be billed to the Customer for payment.
  5. Customization of GOODS to order
    1. If the Customer orders printing of the Goods from ADORE, the Customer is obliged to provide ADORE with printing materials. The logo, mark or other representation to be printed on the Goods must be provided in electronic form in CDR format or in EPS, AI, PDF (fonts converted to curves), in vector digital format that can be edited using Corel Draw computer programs. The colour specification (required by the customer) must have ADORE in pantone colour - PMS. Otherwise, the cost of logo preparation and digitizing work will be charged separately. If the Customer supplies their own goods to be printed, ADORE is not responsible for any defects in the printing (as long as proofing is adhered to) or the goods.
    2. The Customer hereby grants ADORE a royalty-free, non-exclusive license (or sub-license, as the case may be) to all images provided to them for the purpose of implementing their Order, for an indefinite period of time with a territorial scope for all countries in which the Ordered Goods will be used. The Customer grants consent to ADORE to adapt the representation for printing purposes in a manner that will not result in a reduction in its value. The Customer hereby acknowledges that it has settled all copyrights in the images provided and is entitled to grant this non-exclusive license (or sub-license, as the case may be) to ADORE pursuant to this clause, otherwise it shall reimburse ADORE for all costs of any litigation, penalties, costs or damages, including attorney's fees, related to ADORE's use of the images, upon ADORE's demand, by way of advance payment of such costs. ADORE shall also be entitled to apply to the Customer a contractual penalty corresponding to the amount of such costs.
    3. The placement of Customer supplied images on the Goods (thumbnails/electronic designs) must be formally approved by the Customer via the Customer's authorised email or via the https://www.adorepen.cz/ web portal. Without authorized approval of the entire graphic design. The Customer has not validly concluded the Contract, i.e. the time limit for performance by ADORE does not run. Customer's design for the Goods may have a ten percent (10%) variance in placement relative to the final print. ADORE does not guarantee accurate color printing of PMS, especially if produced on items with colors other than white.
    4. Custom Goods may have different packaging than Non-Printed Goods without prior notice from ADORE. Requests for special packaging should be requested specifically by email and may incur additional costs.
  6. WITHDRAWAL FROM THE CONTRACT
    1. The Customer shall have the right to withdraw from the Contract without giving reasons within 2 (two) weeks from the receipt of the Goods by the Customer, except for Goods delivered to order. In the event of withdrawal from the Contract, the Goods must be returned in their sealed, intact and original packaging. The return of the Goods must always be made via ADORE's shipping companies at the Customer's expense. Returns via other shipping channels will not be accepted. Collection of returned Goods must take place at the original delivery address. The Customer is entitled to notify the withdrawal from the Contract exclusively by email to info@adorepen.cz.
    2. The Customer acknowledges that if the Customer withdraws from the Contract, ADORE is not obliged to return the funds received to the Customer until the Customer has returned the Goods to the Customer in good order in accordance with the terms of these GTC. In the event of a valid withdrawal from the Contract, the price of the returned Goods or a pro rata portion thereof shall be refunded to the Customer within 1 (one) month of the return of the Goods, to the Customer's bank account from which the Customer paid the price, unless otherwise agreed.
    3. If ADORE has given any gift together with the Goods in respect of which the Customer has withdrawn from the Contract, such gift contract between ADORE and the Customer shall always be concluded with the condition that if the Customer withdraws from the Contract, the gift contract in respect of such gift shall cease to have effect and the Customer shall be obliged to return the gift together with the Goods.
    4. In case of non-payment of contractual obligations, contractual penalties or other payments by the Customer or in case of violation of other obligations of the Customer, ADORE reserves the right to block the Customer's account, not to deliver the Goods and to withdraw from all contractual obligations with the Customer with immediate effect or to postpone the performance of its contractual obligations.
    5. The Contracting Parties are entitled to withdraw from the Contract on the grounds of force majeure, i.e. extraordinary, objectively unavoidable circumstances preventing the fulfilment of obligations under the Contract, which occurred after the conclusion of the Contract and cannot be averted by the Contracting Party concerned, such as natural disasters, strikes, war, mobilisation, uprising or other unforeseen and unavoidable events. This is subject to written notification of the force majeure by the affected Party without undue delay after the occurrence of the force majeure.
  7. VALIDITY OF THE GTC
    1. The provisions of these GTC, including the Complaints Policy and the Privacy Policy, are an integral part of the Agreement. The current offer of Goods or the Contract may contain provisions that deviate from these GTC. Such deviating provisions shall prevail over these GTC.
    2. ADORE may unilaterally change or amend the wording of these GTC at any time. Such amendment or supplement shall not affect the rights and obligations created at the time of the previous version of the GTC. ADORE shall inform Customers of any amendment or supplement to the GTC on the Internet portal https://www.adorepen.cz/ or in any other appropriate manner so that the Customer can become familiar with the current version of the GTC without undue difficulty. The Customer concluding the Contract agrees to the version of the GTC valid on the date of conclusion of the Contract.
  8. CORRESPONDENCE
    1. The current contact details of ADORE customer support can be found on the website https://www.adorepen.cz/.
    2. All correspondence relating to the Contract must be delivered to the other party exclusively electronically (via the website https://www.adorepen.cz/) or by electronic mail (e-mail). Delivery to the Customer shall be made to the Customer's authorised email address. ADORE shall be delivered to ADORE's authorized email, which is exclusively info@adorepen.cz. Delivery of ADORE to any other e-mail shall not have the effect of delivery under these GTC.
    3. An e-mail message is delivered to the recipient of the message at the moment of receipt on the incoming mail server, as agreed by the parties.
  9. FINAL PROVISIONS
    1. The GTC and the Contracts concluded pursuant to them are governed by the law of the Czech Republic, even if they contain a foreign element, in particular Act No. 89/2012 Coll., the Civil Code, as amended. The resolution of any disputes shall be fully within the jurisdiction of the courts of the Czech Republic; in accordance with the provisions of Section 89a of Act No. 99/1963 Coll., the Civil Procedure Code, as amended, the Regional Court in Prague shall have jurisdiction over disputes if the Regional Court has subject matter jurisdiction or the District Court for Prague 10 if the District Court has subject matter jurisdiction.
    2. Contracts concluded under these GTC are governed exclusively by these GTC, the Customer's or other parties' terms and conditions cannot be applied to the Contracts.
    3. ADORE is entitled to set off the claim for contractual penalties against any claims of the Customer against ADORE, including outstanding claims. As a general rule, it will be debited from the account or charged on the next Order. The Customer's claims against ADORE cannot be assigned or transferred without ADORE's consent.
    4. The application of the contractual penalty does not exclude ADORE's right to compensation for damages, including the right to compensation for costs related to debt collection, legal costs, court fees, collateral for the loan, etc. Contractual penalties shall be payable on written demand by ADORE within a reasonable period of time specified therein.
    5. If any provision of the GTC is or becomes invalid, unenforceable, ineffective or illusory, the provision whose meaning is as close as possible to the invalid provision shall apply instead of such provisions. The invalidity, ineffectiveness, unenforceability or illegality of any provision shall not affect the validity and effectiveness of the remaining provisions.
    6. These GTC are valid from 2.4.2024 and cancel the previous GTC. These GTC are published at https://www.adorepen.cz/.

 

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