General Terms and Conditions

1. Introductory Provisions

These general terms and conditions (hereinafter referred to as "terms and conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), and apply to purchases made in the online store & Archive, available at the website www.andarchive.cz (hereinafter referred to as the "online store"), operated by:

Michaela Kašparová
Registered office: Ortenovo náměstí 1321/29, 170 00 Prague - Holešovice
Company ID: 29552664
We are not VAT payers
Registered in the trade register maintained by the Prague 7 Municipal District Authority
E-mail: info@andarchive.cz
Phone: +420 607 804 268

(hereinafter referred to as the "seller")

These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase agreement outside of their business activities as a consumer, or within their business activities (hereinafter referred to as: "buyer") through the online store's web interface.

By submitting an order and by confirming it in the online store's web interface, the buyer confirms that they accept these terms and conditions and that they have familiarized themselves with them.

The provisions of the terms and conditions are an integral part of the purchase agreement. Deviating provisions in the purchase agreement take precedence over the provisions of these terms and conditions. These terms and conditions and the purchase agreement are concluded in the Czech language.

 


 

2. Order and Conclusion of the Purchase Agreement

The buyer places an order for goods by filling out an order form. When placing an order, the buyer selects the goods, the quantity of goods, the payment method, and the delivery method. Before sending the order to the seller, the buyer is allowed to review and change the data entered into the order. The data provided in the order are considered correct by the seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that they have familiarized themselves with these terms and conditions.

Immediately after receiving the order, the seller will send the buyer an order receipt confirmation to the email address provided by the buyer when ordering. This confirmation is automatic and is not considered the conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase agreement is concluded only after the seller accepts the order. The order acceptance notification will be sent to the buyer's email address.

If the seller cannot fulfill any of the requirements specified in the order, they will send the buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller's email address stated in these terms and conditions.

All orders received by the seller are binding. The buyer can cancel an order until the seller's order acceptance notification has been delivered to the buyer. The buyer can cancel an order via the seller's email stated in these terms and conditions.

The purchase agreement is formed upon the seller's delivery of order acceptance to the buyer via e-mail. If order acceptance by e-mail does not occur, the moment of payment of the entire purchase price or receipt of the ordered goods by the buyer, whichever occurs first, is considered the conclusion of the purchase agreement. Order acceptance may be part of the order receipt confirmation, if explicitly marked as order acceptance in this confirmation, or it may be sent to the buyer as a separate e-mail.

The costs incurred by the buyer using means of distant communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the buyer themselves. These costs do not differ from the basic rate.

 


 

3. Information on Goods and Prices

The online store's web interface contains a list of goods and information about them, including the prices of individual goods. All prices for goods listed on the web interface are final and stated in Czech crowns. The listed prices do not include the costs and expenses for packaging, shipping, or delivery of goods to the buyer. Information on costs associated with packaging and shipping or delivery of goods is contained in the online store's web interface and Article 4 of these terms and conditions, whereby in case of discrepancies, the price in the online store's web interface takes precedence. These prices apply only when the goods are delivered within the territory of the European Union. For deliveries to countries outside the European Union, prices according to the carrier's valid price list apply.

The prices of the presented goods and the prices for packaging, shipping and delivery remain valid for as long as they are displayed on the online store's web interface. This provision does not exclude the conclusion of a purchase agreement under individually agreed conditions. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other, unless the seller explicitly states otherwise.

In the event of a clear technical error on the seller's part in stating the price of the goods in the online store or during the ordering process, the seller is not obligated to deliver the goods to the buyer at this clearly erroneous price, even if the buyer was sent an automatic order receipt confirmation according to these terms and conditions. The seller will inform the buyer of the error without undue delay and send the buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase agreement, and in such a case, the purchase agreement is concluded upon confirmation of acceptance by the buyer to the seller's email address.

All goods sold are used, unless expressly stated otherwise.

 


 

4. Payment and Delivery Conditions

The buyer is obliged to pay the seller the purchase price for the goods and any costs associated with packaging and delivery of the goods according to the purchase agreement. Unless otherwise stipulated, the purchase price also includes the costs associated with packaging and delivery of the goods.

The buyer specifies the payment method in the order. The buyer has the option to pay the purchase price for the goods to the seller in the following ways:

- cashless transfer to the seller's account;

- cashless payment by card.

In the case of cashless payment, the purchase price is due before delivery of the goods within 14 days of the conclusion of the purchase agreement. The buyer is obliged to state the variable symbol for transfer payments. In the case of cashless transfer payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the seller's account; in the case of payment via a payment gateway, at the moment the corresponding amount is credited to the payment gateway's account. In the case of payment via a payment gateway, the buyer proceeds according to the instructions of the respective electronic payment provider.

The seller does not require any advance payment or similar payment from the buyer. Payment of the purchase price before sending the goods is not an advance payment.

The seller will issue the buyer a tax document – an invoice. The seller will issue the tax document – invoice to the buyer after the purchase price of the goods has been paid and will send it in electronic form to the buyer's email address. If legal regulations so stipulate, the seller is obliged to fulfill obligations related to sales records. The seller is not a VAT payer.

The buyer selects the delivery method when ordering the goods. Partial delivery of ordered goods is permissible, provided that the opposite has not been agreed upon. The goods are delivered to the buyer:
- to the address specified by the buyer in the order;
- via a parcel pick-up point to the pick-up point address specified by the buyer;

- by personal collection, if offered when ordering the goods.

The costs of goods delivery, depending on the method of dispatch and receipt of the goods, are listed in the online store's web interface, will be included in the buyer's order, and in the order acceptance by the seller.

In the event that the buyer does not take over the goods or does not withdraw from the purchase agreement in accordance with these terms and conditions, the seller is entitled to compensation for the costs associated with the delivery of the goods and their storage, as well as other costs incurred by the seller due to the buyer's failure to take over the goods (transport of goods to the buyer, transport of goods back to the seller, etc.).

In the event that, due to reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or by a method other than the agreed method, the buyer is obliged to bear the costs associated with such repeated delivery or the costs associated with the different delivery method.

Delivery of goods under these terms and conditions means the moment the goods are delivered to the buyer in accordance with the purchase agreement. Unjustified refusal of goods by the buyer is not considered a failure by the seller to fulfill the obligation to deliver the goods. Upon receipt of the goods, the buyer is obliged to check the integrity of the goods' packaging and immediately report any defects to the carrier and the seller. Refusal to accept a shipment due to damaged packaging is not considered an unjustified refusal of goods. By signing the delivery note, the buyer confirms that the shipment of goods showed no obvious signs of damage to the outer packaging upon receipt.

The buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but not earlier than upon receipt of the goods. The risk of 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 was obliged to take over the goods but failed to do so in breach of the purchase agreement.

 


 

5. Withdrawal from the Contract

A buyer who has concluded a purchase agreement as a consumer outside of their business activity has the right to withdraw from the purchase agreement within 14 days:
- from the day of receipt of the goods when sent to a direct address;

- from the day of delivery to the pick-up point for personal collection or sending to a parcel service branch;

- from the day of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts;

- from the day of receipt of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.

Withdrawal from the purchase agreement must be sent to the seller within the withdrawal period to the contact email or contact address. The seller will confirm receipt of the withdrawal to the buyer. The buyer may also use the withdrawal form, if available on the seller's website.

In the event of withdrawal from the purchase agreement, the purchase agreement is cancelled from the outset. The buyer is obliged to return the goods to the seller within 14 days of withdrawal from the purchase agreement to the contact address, otherwise than cash on delivery, which the seller does not accept. The goods should be returned to the seller undamaged and unsoiled and, if possible, in their original packaging. The buyer is responsible for any decrease in the value of the goods if they have handled the goods in a manner other than what is necessary to try them out, especially if there has been excessive wear or damage.

Along with the returned goods, the buyer shall attach a copy of the delivery note and invoice, if issued, or other document proving the purchase of the goods, as well as a written statement of withdrawal from the purchase agreement and the chosen method of money refund. The statement must also include the buyer's contact address, telephone number, and email address.

If the buyer withdraws from the purchase agreement, the seller shall return to the buyer all monetary funds received from them under the purchase agreement, no later than 14 days from the buyer's withdrawal from the purchase agreement, in the same manner in which they were received from the buyer.

If the buyer withdraws from the purchase agreement, the seller is not obligated to return the received monetary funds to the buyer before the buyer returns the goods to them or proves that they have sent the goods to the seller.

The costs associated with returning the goods to the seller in case of withdrawal from the purchase agreement by the buyer shall be borne by the buyer. When sending, the buyer is obliged to pack the goods in suitable packaging so that they are not damaged or destroyed. The seller is entitled to offset their actually incurred costs associated with returning the goods against the purchase price and delivery costs to be refunded to the buyer.

If a gift is provided with the goods, the corresponding gift agreement is concluded with the condition precedent that if either party withdraws from the purchase agreement, the gift agreement ceases to be effective and the buyer is obligated to return the provided gift along with the goods.

The seller is entitled to withdraw from the purchase agreement due to stock depletion, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has discontinued production or import of the goods. The seller will immediately inform the buyer via the email address provided in the order and will return all monetary funds received from the buyer under the contract, including delivery costs, within 14 days of the notification of withdrawal from the purchase agreement, in the same manner, or in the manner specified by the buyer.

 


 

6. Rights from Defective Performance

The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer received the goods:
- the goods have the properties agreed upon by the parties, and in the absence of an agreement, they have properties that the seller or manufacturer described or that the buyer expected given the nature of the goods and based on their advertising;
- the goods are suitable for the purpose stated by the seller for their use or for which goods of this kind are usually used;
- the goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model;
- the goods are in the appropriate quantity, measure, or weight; and
- the goods comply with legal requirements.

If a defect becomes apparent within six months of the buyer taking over the goods, the goods are presumed to have been defective upon takeover. The buyer is entitled to exercise the right from a defect that occurs in used goods within twelve months of takeover. This provision shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by their ordinary use, to used goods for a defect corresponding to the degree of use or wear that the goods had upon takeover by the buyer, or if it results from the nature of the goods.

In the event of a defect, the buyer has the right to demand its removal, at their choice by repairing the goods or by delivering other goods without defect, if the chosen method is not impossible or disproportionately costly compared to the other. The seller may refuse the chosen method if it is impossible or disproportionately costly. If the defect cannot be removed, or if the seller refuses to remove it or fails to do so within a reasonable time, the buyer has the right to a reasonable discount from the purchase price or may withdraw from the purchase agreement. Due to the nature of the used goods sold, replacement may not always be possible. The buyer is not entitled to rights from defective performance if the buyer knew about the defect before taking over the item, or if the buyer caused the defect themselves.

The buyer asserts rights from defective performance with the seller without undue delay after discovering the defect at the contact address, at any of the seller's establishments, or at the seller's registered office. The moment of claiming a complaint is considered the moment when the seller received the claimed goods from the buyer. The seller is obliged to issue the buyer a written confirmation stating when the buyer exercised the right, what the content of the complaint is, and what method of complaint handling the buyer requests, a confirmation of the date and method of complaint handling, including confirmation of the repair carried out and its duration, or a written justification for refusing the complaint.

The seller handles received complaints without undue delay, no later than 30 days from the date of filing the complaint, unless the buyer and seller agree on a different period. The futile expiry of this period is considered a substantial breach of contract, and the buyer has the right to withdraw from the purchase agreement. The day the complaint is filed is considered the day the goods were delivered to the seller's contact address, establishment, or registered office.

Claims arising from rights of defective performance do not apply to goods for which the complaint was filed after the expiry of the stipulated period, nor to wear and tear of goods caused by their use. Claims arising from rights of defective performance do not apply to defects caused by incorrect use, failure to follow instructions, improper maintenance, or improper storage. In the case of used goods, the seller is not responsible for defects corresponding to the degree of previous use or wear; for items sold at a lower price, the seller is not responsible for the defect for which the lower price was agreed.

The buyer makes a complaint in the following manner:
- The buyer informs the seller about the complaint by phone, email, or in writing.
- The buyer delivers the complained goods to the contact address, to any of the seller's establishments, or to the seller's registered office, otherwise than cash on delivery, which the seller does not accept. When sending, the buyer is obligated to pack the goods in suitable packaging so that they are not damaged or destroyed. The goods must be accompanied by a proof of purchase or invoice, if issued, or another document proving the purchase of the goods, along with a description of the defect and a proposal for how to resolve the complaint.

In the case of a legitimate complaint, the buyer has the right to reimbursement of purposefully incurred costs arising in connection with asserting the complaint. The buyer may exercise this right with the seller within 1 month after the expiration of the period for asserting rights from defective performance.

 


 

7. Personal Data Protection

The buyer's personal data protection is carried out in accordance with Act No. 110/2019 Coll., on personal data processing, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (hereinafter "GDPR").

More detailed information on personal data protection can be found in the Privacy Policy.

 


 

8. Out-of-court dispute resolution

The seller is authorized to sell goods based on a trade license. Trade inspections are carried out within their scope of competence by the relevant trade licensing office. Supervision of compliance with consumer protection rights is carried out by the Czech Trade Inspection Authority (http://www.coi.cz/). Supervision of personal data protection is carried out by the Office for Personal Data Protection (http://www.uoou.cz/).

If a consumer dispute arises between the seller and the consumer from a purchase contract that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute. The Czech Trade Inspection Authority, Central Inspectorate – ADR Department, with its registered office at Štěpánská 567/15, 120 00 Prague 2, https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from purchase contracts.

The consumer may also use the online dispute resolution platform at http://ec.europa.eu/consumers/odr/. The contact point for online consumer dispute resolution is the European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, http://www.evropskyspotrebitel.cz.

 


 

9. Final provisions

Relations between the seller and the buyer are governed by the law of the Czech Republic, even if the relationship established by the purchase contract contains an international element. This does not affect the consumer's rights arising from legal regulations.

The content of the seller's website, including the page layout, all materials listed therein (texts, photographs, images, logos and other content and elements) and materials in related printed media (promotional leaflets, advertisements, etc.), is protected by the seller's copyright. The content may not be altered, copied or otherwise used without the seller's written consent. Product, goods, service, company and corporate names and designations may be registered trademarks of their respective owners.

The seller is not responsible for errors caused by third-party interference with the store's web interface or by its use contrary to its intended purpose. When using the store's web interface, the buyer must not use procedures that could negatively affect its operation and must not perform any activity that could allow him or third parties to unlawfully interfere with or unlawfully use software or other components forming the store's web interface, and must not use the store's web interface or its parts or software in a manner that would be contrary to its intended purpose or objective.

The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible to third parties.

The buyer assumes the risk of changed circumstances within the meaning of Section 1765 (2) of the Civil Code.

The seller may amend or supplement the wording of the terms and conditions. The rights and obligations of the parties are always governed by the version of the terms and conditions that was in force at the time they arose. These terms and conditions come into effect on August 19, 2026.