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General Terms and Conditions

I.
Basic Provisions

1. These general terms and conditions (hereinafter referred to as “terms and conditions”) are issued according to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”).

ADBAR 4U s.r.o.
ID: 17831717
Tax ID: CZ17831717
Registered Office: Nad Okrouhlíkem 2372/12, 182 00 Prague
Registered in the Commercial Register maintained by the Municipal Court in Prague, file number B 1171
Contact details:
Email: info@vapesnus.eu
Phone: +420 771 295 196
Web: https://vapesnus.eu/

(hereinafter referred to as the “Seller”)

2. These terms and conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase agreement outside their business activities as a consumer or within their business activities (hereinafter referred to as the “Buyer”) through the web interface located on the website available at the internet address https://vapesnus.eu/ (hereinafter referred to as the “online store”).

3. The provisions of these terms and conditions are an integral part of the purchase agreement. Any differing arrangements in the purchase agreement take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the purchase agreement are concluded in the Czech or English language.

II.

Information on Goods and Prices

1. Information about the goods, including the prices of individual goods and their main features, is given for each item in the online store’s catalog. Prices of the goods are stated including value-added tax, all related fees, and costs for returning the goods if the goods by their nature cannot be returned by regular mail. Prices of the goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the conclusion of a purchase agreement under individually negotiated conditions.
2. All presentation of goods placed in the online store’s catalog is informative in nature, and the Seller is not obliged to conclude a purchase agreement regarding this merchandise.
3. Information about costs associated with packaging and delivery of goods is published in the online store. Information on costs related to the packaging and delivery of goods listed in the online store is valid only when the goods are delivered within the territory of the European Union.
4. Any discounts from the purchase price of goods cannot be combined unless otherwise agreed between the Seller and the Buyer.

III.
Order and Conclusion of Purchase Contract

1. Costs incurred by the buyer for the use of remote communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are to be borne by the buyer himself. These costs do not differ from the standard rate.
2. The buyer can place an order for goods in the following ways:

• Through their customer account, if they have previously registered in the online store.
• By filling out the order form without registration.

3. When placing an order, the buyer chooses the goods, the number of pieces, the payment method, and delivery.
4. Before submitting the order, the buyer is allowed to check and change the information entered. The buyer sends the order to the seller by clicking the “Place order” button. The details provided in the order are considered correct by the seller. A condition for the order’s validity is filling in all mandatory fields in the order form and the buyer’s confirmation that they have read these terms and conditions.
5. Immediately upon receiving the order, the seller sends the buyer a confirmation of receipt to the email address provided during ordering. This confirmation is automatic and is not considered a contract conclusion. Attached to the confirmation are the current terms and conditions of the seller. The purchase contract is concluded only after the seller accepts the order. A notice of order acceptance is sent to the buyer’s email address. / Immediately after receiving the order, the seller sends a confirmation to the buyer’s email, which is considered the contract’s conclusion. The current terms and conditions of the seller are attached.
6. If the seller cannot meet any of the requirements specified in the order, a modified offer will be sent to the buyer’s email. This modified offer is considered a new proposal for the purchase contract, and a contract is then concluded upon the buyer’s confirmation of acceptance via email.
7. All orders accepted by the seller are binding. The buyer may cancel the order until a notice of order acceptance is sent by the seller. The buyer can cancel the order by phone or email as specified in these terms and conditions.
8. In case of an obvious technical error on the part of the seller when stating the price of the goods in the online store or during ordering, the seller is not obliged to deliver the goods at this clearly incorrect price, even if an automatic confirmation of order receipt has been sent according to these terms. The seller informs the buyer of the error without unnecessary delay and sends a modified offer to their email. This modified offer is considered a new proposal for the purchase contract, and the contract is then concluded upon the buyer’s confirmation of acceptance via email.

IV.
Customer Account

1. Based on the buyer’s registration in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all data accurately and truthfully. In case of any changes to the information, the buyer is obliged to update it. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to keep confidential all information necessary for accessing their customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not authorized to allow third parties to use their customer account.
5. The seller may cancel the user account, especially if the buyer no longer uses their user account, or if the buyer violates their obligations under the purchase contract or these terms and conditions.
6. The buyer acknowledges that the user account may not be continuously available, especially due to the necessary maintenance of the seller’s hardware and software equipment, or the necessary maintenance of hardware and software equipment by third parties.

V.
Payment Terms and Delivery of Goods

AGE RESTRICTION! The goods in the online store are intended only for persons over 18 years of age. In order to purchase, you must verify your age when entering the site. In addition to confirming your age, the carrier will verify your age upon delivery!

1. The buyer can pay for the goods and any costs associated with the delivery according to the purchase contract using the following methods:

• Non-cash transfer to the seller’s bank account, IBAN: CZ8108000000000010719692, maintained at Česká spořitelna, a.s.,
• Non-cash by credit card,
• Non-cash transfer to the seller’s account via Global Payments gateway,
• Cash on delivery,
• Cash or credit card during personal pick-up at the store,
• Cash or credit card at the parcel pick-up point.

2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated, the purchase price also includes costs related to the delivery of goods.
3. In case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 14 days from the closing of the purchase agreement.
4. When paying via a payment gateway, the buyer will follow the instructions of the respective electronic payment provider.
5. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is met when the respective amount is credited to the seller’s bank account.
6. The seller does not require any advance payment or similar payment from the buyer. Payment of the purchase price before shipping is not considered a deposit.
7. According to the law on sales records, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received sales tax online, or in case of technical failure, within 48 hours.
8. The goods will be delivered to the buyer:

• To the address specified by the buyer in the order,
• Via a parcel pickup point to the address specified by the buyer,
• By personal pick-up at the seller’s store.

9. The choice of delivery method is made during the ordering of goods.
10. Costs for delivery, depending on the method of shipping and receipt of goods, are listed in the buyer’s order and confirmed by the seller. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
11. If the seller is obliged to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If repeated or alternative delivery methods are required due to reasons on the buyer’s part, the buyer must pay the costs associated with repeated or alternative delivery.
12. Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging and to immediately report any defects to the carrier. If the package is found to be tampered with, indicating unauthorized entry, the buyer may refuse to accept the package from the carrier.
13. The seller will issue the buyer a tax invoice. The invoice will be sent to the buyer’s email address or included with the delivered goods.
14. The buyer acquires ownership of the goods by paying the full purchase price, including delivery costs, but no earlier than upon receipt of the goods.
15. The responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer should have received the goods but failed to do so in violation of the purchase contract.

VI.
Withdrawal from the Contract

1. The buyer, who has concluded a purchase agreement outside their business activity as a consumer, has the right to withdraw from the purchase agreement.
2. The deadline for withdrawing from the contract is 14 days:

• from the day of receiving the goods,
• from the day of receiving the last delivery of goods if the contract involves multiple types of goods or multiple deliveries,
• from the day of receiving the first delivery of goods if the contract involves regular, recurring deliveries.

3. Among other things, the buyer cannot withdraw from the purchase agreement for:

• provision of services, if they were fulfilled with his prior explicit consent before the expiry of the withdrawal period and the seller has informed the buyer that in such cases he does not have the right to withdraw,
• goods or services whose price is dependent on fluctuations in the financial market beyond the control of the seller and which may occur within the withdrawal period,
• alcoholic beverages that can only be delivered after thirty days and whose price is dependent on fluctuations in the financial market beyond the control of the seller,
• goods customized according to the buyer’s wishes or for their person,
• perishable goods or goods that have been irreversibly mixed with other goods after delivery,
• goods in a sealed package which the buyer has unsealed and which cannot be returned for hygiene reasons,
• audio or video recordings or computer software if the original packaging has been broken,
• newspapers, periodicals, or magazines,
• digital content if not provided on a tangible medium and was delivered with prior explicit consent of the buyer before the withdrawal period expires, and the seller has informed the buyer that he does not have the right to withdraw,
• other cases specified under Section 1837 of the Civil Code.

4. To adhere to the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
5. For withdrawal, the buyer can use a standard withdrawal form provided by the seller. The withdrawal should be sent to the seller’s email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form.
6. The buyer, who has withdrawn from the contract, is obligated to return the goods to the seller within 14 days of the withdrawal. The buyer bears the costs associated with returning the goods, even if the goods cannot be returned by regular postal means due to their nature.
7. If the buyer withdraws, the seller will immediately, but no later than 14 days after withdrawal, refund all funds received including delivery costs, using the same payment method. The seller will use another payment method only if the buyer agrees and will not incur additional costs.
8. If the buyer chooses a delivery method other than the cheapest one offered by the seller, the seller will refund only the cost equivalent to the cheapest offered delivery method.
9. If the buyer withdraws, the seller is not obligated to refund the money until the goods are returned or evidence of shipment is provided.
10. The goods must be returned undamaged, unused, and clean, and if possible, in the original packaging. The seller has the right to unilaterally set off any damage to the goods against the buyer’s claim for a refund.
11. The seller has the right to withdraw from the purchase agreement due to stock-outs, unavailability of goods, or if the manufacturer, importer, or supplier has stopped production or imports. The seller will immediately inform the buyer via the email address provided in the order and refund all funds, including delivery costs, within 14 days of notifying about the withdrawal, using the same payment method or another method specified by the buyer.

VII.
Rights in Case of Defective Performance

1. The seller guarantees to the buyer that the goods have no defects at the time of receipt. Specifically, the seller assures the buyer that when the goods are received:

• The goods have properties that were agreed upon or, in the absence of such agreement, have such properties that the seller   or manufacturer has described, or the buyer expected based on the nature of the goods and the advertising conducted.
• The goods are suitable for the purpose specified by the seller or for which goods of this type are typically used.
• The goods match the quality or design agreed upon, if quality or design were determined according to a specified sample   or model.
• The goods are in the appropriate quantity, measure, or weight.
• The goods comply with legal requirements.

2. The obligations of the seller due to defective performance extend at least as far as the obligations of the manufacturer. Otherwise, the buyer is entitled to assert rights for defects that appear within twenty-four months from receipt.
3. If a product’s packaging, instructions, or advertising indicate a period during which the goods can be used, warranty provisions shall apply. The seller promises that the product will remain usable for a specific period or will maintain its standard features. If the buyer justifiably identifies a defect to the seller, the period for asserting rights from defective performance or the warranty period is paused for the time the buyer cannot use the defective product.
4. The provisions above do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, wear and tear from normal use, used goods for defects corresponding to the degree of use or wear and tear that the product had when received by the buyer, or if the nature of the goods dictates so.
5. In the event of a defect, the buyer can submit a claim to the seller and demand:

• Exchange for new goods,
• Repair of goods,
• An appropriate discount on the purchase price,
• Termination of the contract.

6. The buyer has the right to terminate the contract if:

• The goods have a significant defect,
• The item cannot be properly used due to the recurrence of a defect or defects after repair,
• There are multiple defects in the goods.

7. A significant breach of the contract is one that the breaching party knew or should have known at the time of the contract conclusion that the other party would not have entered into the contract if it had foreseen this breach.
8. In case of a defect that constitutes a minor breach of the contract (regardless of whether the defect is removable or not), the buyer has the right to have the defect removed or to receive an appropriate discount on the purchase price.
9. If a removable defect occurs repeatedly (usually the third complaint for the same defect or the fourth for different defects) or the goods have multiple defects (typically at least three defects simultaneously), the buyer has the right to demand a discount on the purchase price, exchange the goods, or terminate the contract.
10. When making a complaint, the buyer is obliged to inform the seller which right they have chosen. Changing the choice without the seller’s consent is possible only if the buyer initially requested a defect repair, which turns out to be irremovable. If the buyer doesn’t make their choice in time for a significant breach, they have the same rights as for a minor breach.
11. If repair or replacement is not possible, the buyer has the right to demand a full refund upon termination of the contract.
12. If the seller proves that the buyer knew about the defect before taking the goods or caused it themselves, the seller is not obliged to meet the buyer’s claim.
13. The buyer cannot make a complaint about discounted goods for a reason for which the goods were discounted.
14. The seller is obliged to accept the complaint at any store where it is possible to accept a complaint, or even at the company’s headquarters or place of business. The seller must provide the buyer with written confirmation of when and what is the content of the complaint, and how the buyer wishes to resolve it, as well as a confirmation on the date and manner of handling the complaint, including confirmation of the repair duration, or written justification for the rejection of the complaint.
15. The seller or an authorized employee will decide on the complaint immediately; in complex cases, within three working days. This period does not include the time required for professional assessment of the defect. The complaint, including defect removal, must be handled promptly, no later than 30 days from the date of the complaint, unless agreed otherwise. If this period passes without resolution, it is considered a significant breach of contract, and the buyer has the right to terminate the purchase contract.
16. The seller must inform the buyer in writing about the result of the complaint.
17. The buyer is not entitled to rights for defective performance if they knew about the defect before receiving the item or caused the defect themselves.
18. In case of a valid complaint, the buyer has the right to reimbursement of reasonably incurred costs related to the complaint. This right must be claimed from the seller within one month after the warranty period has expired; otherwise, the court may not grant it.
19. The buyer has the choice of the method of complaint.
20. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on consumer protection.

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via email.
2. The buyer delivers correspondence to the seller at the email address specified in these terms and conditions. The seller delivers correspondence to the buyer at the email address specified in their customer account or in the order.

IX. Personal Data

1. All information provided by the buyer during cooperation with the seller is confidential and will be treated as such. Unless the buyer gives the seller written permission, the seller will not use the buyer’s information for any purpose other than fulfilling the contract, except for the email address, to which business communications may be sent, as this is allowed by law unless explicitly refused. These communications may only pertain to similar or related goods and can be unsubscribed from at any time in a simple manner (by sending a letter, email, or clicking on a link in the business communication). The email address will be stored for this purpose for a period of 3 years from the closure of the last contract between the contracting parties.

2. For more detailed information on the protection of personal data, please refer to the Privacy Policy at https://vapesnus.eu/privacy-policy/

X.
Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the purchase agreement. The online dispute resolution platform, available at http://ec.europa.eu/consumers/odr, can be used for resolving disputes between the seller and the buyer from the purchase agreement.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution).

3. The seller is authorized to sell goods based on a trade license. Trade inspections are conducted by the relevant trade licensing office within its jurisdiction. The Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.

X. Final Provisions

1. All arrangements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer rights arising from generally binding legal regulations.
2. The seller is not bound by any codes of conduct in relation to the buyer under the provision of Section 1826 paragraph 1 letter e) of the Civil Code.
3. All rights to the seller’s websites, particularly copyright to the content including the layout of the page, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or its parts without the seller’s consent.
4. The seller is not responsible for errors resulting from third-party interference with the online store or due to its use contrary to its intended purpose. The buyer must not use methods that could negatively affect its operation while using the online store and must not carry out any activity that could allow him or third parties to unlawfully interfere with or use the software or other components constituting the online store, or to use the online store or its parts or software equipment in a manner that is inconsistent with its purpose or intent.
5. The buyer hereby assumes the risk of a change in circumstances according to Section 1765 paragraph 2 of the Civil Code.
6. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
7. The seller may change or amend the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the terms and conditions.
8. An annex to the terms and conditions is a sample form for withdrawal from the contract.

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These terms and conditions come into effect on August 1st 2023

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