1 INTRODUCTORY PROVISIONS
1.1 These General Terms and Conditions (“Terms”) of Ing. Illona Donátová – Atelier Donát, having its registered office at Choťánky 155, 290 01 Poděbrady, Czech Republic, ID No. 112 58 748 (the “Seller”), govern the mutual rights and obligations of the parties arising out of the purchase agreement concluded between the Seller and another natural or legal person (the “Buyer”) through the Seller’s online shop (the “E-Shop”) available at https://www.atelierdonat-eshop.cz/ (the “Website”).
1.2 These Terms do not apply where the person intending to purchase goods from the Seller is acting in the course of its business. In such cases the general statutory provisions on purchase contracts contained in Act No. 89/2012 Coll., the Civil Code (as amended, the “Civil Code”) shall apply.
1.3 Displaying goods on the Website does not constitute an offer within the meaning of Section 1732(2) of the Civil Code.
2 PURCHASE AGREEMENT
2.1 The E-Shop lists goods offered for sale, including the prices of individual items. Unless expressly stated otherwise, the offer and the prices remain valid for as long as they are displayed in the E-Shop interface. All sales offers in the E-Shop are non-binding and the Seller is under no obligation to conclude a purchase agreement for the displayed goods.
2.2 To order goods, the Buyer places the selected items in the shopping cart and follows the instructions given during the ordering process. The Buyer must complete an order form containing, in particular, current customer information and delivery details.
2.3 The Buyer may request alterations to the ordered goods (e.g. shortening trousers or a skirt). In such cases the Buyer cannot withdraw from the purchase agreement.
3 CONCLUSION OF THE PURCHASE AGREEMENT
3.1 After confirming the data in the order form, the Buyer will be prompted to choose a payment method.
3.2 After selecting the payment and delivery methods and completing the order form, the Buyer may review and correct the data entered (together the “Order”).
3.3 The Order is sent to the Seller by clicking the “Submit Order” button. The Seller will immediately confirm receipt of the Order by e-mail to the address provided by the Buyer (the “Buyer’s e-mail”).
3.4 The contractual relationship between the Seller and the Buyer arises upon delivery of the Seller’s e-mail confirming the Order.
3.5 The Buyer agrees to the use of distance-communication means when concluding the purchase agreement. The Buyer bears the costs incurred in using such means (internet connection, telephone calls).
4 PRICE OF GOODS, PAYMENT & DELIVERY TERMS
4.1 The Buyer shall pay the purchase price and any delivery and packaging costs by whichever payment method the Seller lists on the Website. Unless expressly stated otherwise, the term “purchase price” includes delivery costs.
4.2 - Cash on delivery: payable upon receipt of the goods.
- Cashless payment: payable within 5 days of concluding the contract. When paying by bank transfer the Buyer must quote the variable symbol; the Buyer’s payment obligation is fulfilled once the amount is credited to the Seller’s account.
4.3 Any discounts granted by the Seller to the Buyer are not cumulative.
4.4 Payment methods: bank transfer; card (VISA, VISA Electron, MasterCard, Maestro, Diners Club); cash on delivery; or cash/card upon collection at Atelier Donát stores:
• Spálená 21, 110 00 Prague 1
• Jiřího náměstí 14, 290 01 Poděbrady
5 DELIVERY TERMS
5.1 Personal collection is possible at the Atelier stores above.
5.2 Goods are delivered by GLS.
5.3 Delivery is available within the Czech Republic, Germany and Slovakia.
5.4 When receiving goods from the carrier, the Buyer must check that the packaging is intact and immediately notify the carrier of any defects. If the packaging shows signs of unauthorised opening, the Buyer may refuse the shipment. By signing the delivery note, the Buyer confirms the shipment met all conditions; later claims concerning damaged packaging will not be accepted.
6 DELIVERY PERIOD
6.1 “In stock” means the required material is in stock and the ordered item will be produced immediately. Most items are made specifically for the given Order. The Seller reserves a maximum delivery period of 4 weeks.
7 WITHDRAWAL FROM THE PURCHASE AGREEMENT
7.1 The Buyer acknowledges that under Section 1837 of the Civil Code it is not possible to withdraw from a contract for goods modified at the Buyer’s request.
7.2 If Section 7.1 does not apply, the Buyer may withdraw from the contract within 14 days pursuant to Section 1829(1) of the Civil Code. The withdrawal period is met if the Buyer sends notice of withdrawal within that time. Withdrawal must be sent to the Seller’s e-mail; it may also be made at any Atelier Donát store in the Czech Republic, where goods can be returned or exchanged. Any refund is always made to the Buyer’s bank account.
7.3 The Buyer may withdraw by sending the goods back to the Seller’s address or returning them to an Atelier Donát store.
7.4 Upon withdrawal under Section 7.2, the contract is cancelled from the outset. Goods must be returned within 12 working days of withdrawal, undamaged, unused and with the original label.
7.5 Within 7 working days of receipt, the Seller may inspect the returned goods to verify they are not damaged or worn.
7.6 The Buyer bears the costs of returning goods under Section 7.2.
7.7 The Seller will refund the purchase price only by bank transfer to the account designated by the Buyer, no later than 10 days after withdrawal, but not before the Seller receives the goods or proof of dispatch.
7.8 If returned goods are damaged or worn, the Seller may claim compensation and offset it against the refund.
8 RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
8.1 Rights and obligations regarding the Seller’s liability for defects, including warranty, are governed by Sections 2158 et seq. of the Civil Code.
8.2 The Seller provides a 24-month warranty starting on the date of receipt. If an item is replaced, a new warranty period applies to the replacement or replaced part. Claims may be resolved by repair or refund.
8.3 A defect must be claimed without undue delay once discovered; continued use may worsen the defect and justify refusal of the claim.
8.4 A claim must include proof of purchase (and warranty card, if any), the goods complete, clean and hygienic, with the defect clearly indicated. The Seller may refuse goods that do not meet these conditions.
8.5 Claims are lodged by sending the goods to the Seller’s address; the Buyer must describe the defect and indicate the chosen remedy.
8.6 For a material breach, the Buyer may request:
• replacement with a fault-free item
• repair
• a price reduction
• withdrawal and refund to the Buyer’s bank account
9 OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1 Title passes to the Buyer only upon full payment.
9.2 The Buyer must choose goods whose type and size suit their needs, considering purpose, design, materials and care instructions.
9.3 If an instruction manual is supplied, the Buyer must read and follow it before use.
9.4 Software and other elements of the E-Shop (including product photos) are protected by copyright. The Buyer shall not perform any activity enabling unauthorised interference with or use of such elements.
9.5 The Buyer may not use mechanisms or software that could adversely affect the E-Shop’s operation.
9.6 The Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
9.7 The Seller is not liable for errors caused by third-party interference with the Website or its misuse.
9.8 Under the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer and to register the received revenue with the tax administrator online; in case of technical outage within 48 hours at the latest.
10 OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES
If a consumer dispute arising from a purchase agreement cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court resolution to:
Czech Trade Inspection Authority (ČOI)
ADR Department
Štěpánská 15, 120 00 Prague 2, Czech Republic
E-mail: adr@coi.cz | Web: adr.coi.cz
11 FINAL PROVISIONS
11.1 Unless agreed otherwise, all correspondence related to the purchase agreement must be delivered in writing—by e-mail, in person or by registered post. Communications to the Buyer are sent to the e-mail address given in the Order.
11.2 The Seller may amend these Terms. The version in force at the time the purchase agreement is concluded is binding on both parties.
11.3 If the relationship related to the use of the Website or the legal relationship established by the purchase agreement contains an international element, the parties agree that Czech law shall apply. Consumer rights arising from generally binding legislation remain unaffected.
11.4 The purchase agreement, including these Terms, is archived by the Seller in electronic form and is not accessible.
11.5 Supervision of consumer-protection obligations under Act No. 634/1992 Coll., on Consumer Protection, is exercised by the Czech Trade Inspection Authority (ČOI). Further information is available at http://www.coi.cz/.
