OVERVIEW

This website is operated by LUSSOLIBE Milano SE, Petrska 1168/29, 110 00 Prague 1, Czech Republic, ID: 07145454, VAT Number: CZ07145454, File number H 2135, led by the Municipal Court in Prague. Throughout the site, the terms “we”, “us” and “our” refer to LUSSOLIBE Milano SE. LUSSOLIBE Milano SE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of LUSSOLIBE Milano SE. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or
current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall LUSSOLIBE Milano SE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless LUSSOLIBE Milano SE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW


These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Czech Republic. 

SECTION 19. RIGHTS FROM DEFECTIVE PERFORMANCE

The buyer's right of defective performance is based on the defect that the item has when the risk of damage passes to the buyer, even if it becomes apparent later. The buyer's right shall also be established by a defect arising later which the seller has caused by a breach of his duty.

If the defective performance is a material breach of contract, the buyer has the right to:

(a) to remedy the defect by supplying a new item without defect or by supplying a missing item,
(b) to remedy the defect by repairing the item,
(c) a reasonable discount on the purchase price; or
d) to withdraw from the contract.
The buyer shall notify the seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The buyer may not change the choice made without the seller's consent; this does not apply if the buyer has requested the repair of a defect that proves to be irreparable. If the seller fails to remedy the defects within a reasonable period of time or notifies the buyer that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract.

If the buyer fails to exercise his right in time, he shall have the same rights as in the case of an insubstantial breach of contract.

If the defective performance is an insubstantial breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price.

As long as the buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing or remedy the legal defect. The seller may remedy other defects at his option by repairing the item or supplying a new item; the choice must not cause unreasonable costs to the buyer.

If the seller fails or refuses to remedy the defect in time, the buyer may demand a reduction in the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent.

The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply,

(a) if the condition has changed as a result of an inspection to detect a defect in the goods,
(b) if the buyer used the goods before the defect was discovered,
(c) if the buyer has not caused the impossibility of returning the item in its unaltered condition by an act or omission; or
(d) if the buyer sold the thing before the defect was discovered, consumed it, or altered it in the course of normal use; if this happened only in part, the buyer shall return to the seller what he can still return and shall compensate the seller to the extent that he benefited from the use of the thing.
If the buyer has not notified the defect in time, he shall lose the right to withdraw from the contract.

The rights arising from the defect shall be exercised with the seller at the following addresses:

ANTORINI, LUSSOLIBE Milano SE, Na Parkánech 394/6 390 01, Tábor, Czech Republic

The claim form can be found here.

Complaints are settled immediately, in more complex cases that require an assessment, within 30 days.

Charging of storage fees
If the buyer does not collect the settled complaint within 30 days from the day he/she was informed of its settlement, the seller will be charged a storage fee of 50,- CZK for each day of delay. If the buyer does not collect the goods from the settled complaint even within 6 months from the day he was informed of its settlement, the seller reserves the right to sell the goods and use the proceeds to pay the storage fee. The Buyer acknowledges that the Seller may proceed as aforesaid by way of a self-help sale pursuant to Section 2126 et seq. of the Civil Code, whereby in the event of a party's default in taking possession of the goods, the other party shall be entitled to sell the goods in an appropriate manner on the Seller's account after giving the Seller an additional reasonable period of time to take possession.


SECTION 20 - OUT-OF-COURT SETTLEMENT
OF CONSUMER DISPUTES

In the event that a consumer dispute arises between us and a consumer under a contract of sale or a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such a dispute to a designated body for the out-of-court settlement of consumer disputes, which is

Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
Štěpánská 44
110 00 Prague 1
Czech Republic

Email: adr@coi.cz
Web: adr.coi.cz


REGULATION (EU) NO 524/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON ONLINE DISPUTE RESOLUTION FOR CONSUMER DISPUTES

Consumers in the European Union can also use an online dispute resolution platform. The online dispute resolution platform is launched by the European Commission at https://ec.europa.eu/consumers/odr/

SECTION 21 - CHANGES TO TERMS OF SERVICE


You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Relations and any disputes arising under the Contract shall be governed exclusively by the law of the Czech Republic and shall be resolved by the competent courts of the Czech Republic. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of this Convention.

These General Terms and Conditions, including their components, are valid and effective as of 7.2.2022 and supersede the previous version of the General Terms and Conditions, including its components, and are available at the headquarters and offices of LUSSOLIBE Milano SE or electronically at www.antorini.com.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@antorini.com.

 

Terms and conditions for consumer contracts within the European Union


1. INTRODUCTORY PROVISIONS

These terms and conditions define and specify the rights and obligations of the Seller and the Buyer in the context of contractual relations concluded through the online shop www.antorini.com. The Buyer has the opportunity to acquaint himself with these terms and conditions before sending his order and is notified of them sufficiently in advance. By submitting his order, the Buyer confirms that he has read these terms and conditions and that he agrees to them.

The Seller and the operator of the online shop www.antorini.com is LUSSOLIBE Milano SE, Petrská 1168/29, 110 00 Prague 1 - Nové Město, ID No.: 07145454, VAT No.: CZ07145454, file No.: H 2135, registered at the Municipal Court in Prague. The place of performance for all contractual relations is the establishment of LUSSOLIBE Milano SE, Na Parkánech 394/6, 390 01 Tábor, Czech Republic, establishment ID: 1012610187.

All contractual relations are governed by the law of the Czech Republic.

2. DEFINITION OF TERMS

Consumer contract - a purchase contract, a contract for work or other contracts under the Civil Code, if the contracting parties are on the one hand the consumer and on the other hand the seller.
Consumer - is a natural person who, when concluding and performing a contract, is not acting in the course of his trade or other business activity or in the course of the independent exercise of his profession.
Non-consumer buyer - a person who, when concluding and performing a contract, is acting in the course of his trade or business or in the course of his profession.


3. CONCLUSION OF THE PURCHASE CONTRACT

A duly filled in order placed by the Buyer via the online shop www.antorini.com or by phone is a binding proposal for the conclusion of a purchase contract with the Seller, while the Buyer is bound by his proposal for the conclusion of the purchase contract for a period of 21 days from the date of sending the order.

The Seller shall promptly confirm receipt of the order within the meaning of Section 1827(1) of the Civil Code by e-mail to the e-mail address provided by the Buyer in the order, whereby such confirmation does not constitute acceptance of the proposal to conclude a purchase contract. The purchase contract itself is concluded by the acceptance of the proposal for the conclusion of the purchase contract by the Seller, where acceptance is deemed to be the dispatch of the goods by the Seller to the Buyer or the express acceptance of the proposal for the conclusion of the purchase contract by the Seller by e-mail or telephone.

The consumer has the right to cancel the order, i.e. to withdraw his proposal to conclude the purchase contract, without any penalty until the goods are dispatched. The consumer is obliged to notify the seller of this fact by e-mail or telephone.

If the buyer wishes to cancel an order for goods that have been specially ordered for him by agreement, a cancellation fee of 50% of the purchase price of the goods is stipulated.

The purchase contract is concluded in the Czech language. After conclusion, the contract of sale shall be archived only for the time necessary for its processing, during which time it may be made available at the consumer's written request. Changes to the order and corrections of errors may be made until the goods are handed over for dispatch.

4. WITHDRAWAL OF THE CONSUMER FROM THE CONTRACT PURSUANT TO § 1829 (1) OF THE CIVIL CODE

The consumer has the right to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods (in the case of a contract of sale involving several types of goods or the delivery of several parts, from the date of receipt of the last delivery of goods; in the case of a contract of sale involving regular repeated delivery of goods, from the date of receipt of the first delivery of goods).

In order to exercise the right of withdrawal, the consumer must inform the seller, LUSSOLIBE Milano SE Petrská 1168/29 110 00 Prague 1 - Nové Město, ID No.: 07145454, VAT No.: CZ07145454, file no: H 2135, registered at the Municipal Court in Prague, to the address of the business premises (ID No.: 1012610187): LUSSOLIBE Milano SE, Na Parkánech 394/6, 390 01 Tábor, Czech Republic or e-mail: cz@antorini.com by unilateral legal action (for example, by letter sent via postal service provider, fax or e-mail). The consumer may use the enclosed sample withdrawal form, but is not obliged to do so. The consumer can download and complete the withdrawal form on this website. In order to comply with the withdrawal deadline, it is sufficient to send the withdrawal before the expiry of the relevant deadline.

If the Consumer withdraws from the Purchase Contract, all payments received from the Consumer, including delivery costs, will be refunded by the Seller without undue delay, no later than 14 days from the date on which the Seller receives the notice of withdrawal from the Purchase Contract (except for additional costs incurred as a result of the chosen method of delivery, which is different from the cheapest method of standard delivery offered by the Seller). The Seller shall use the same means of payment used by the Consumer to make the initial transaction for the refund, unless the Consumer has expressly indicated otherwise. In any event, this will not incur additional costs for the consumer. The Seller shall only refund the payment after receipt of the returned goods or if the Consumer proves that he has sent the goods back, whichever is the earlier. The consumer must send the goods back to ANTORINI, LUSSOLIBE Milano SE, Na Parkánech 394/6, 390 01 Tábor, without undue delay and no later than 14 days from the date of withdrawal from the purchase contract, and the consumer shall bear the direct costs of returning the goods. The time limit is deemed to be respected if the consumer sends the goods back to the seller before the expiry of 14 days. The consumer is only liable for the reduction in value of the goods as a result of handling the goods in a manner other than that necessary to become familiar with the nature and characteristics of the goods, including their functionality.

The consumer may not withdraw from the contract in accordance with Article 1837 of the Civil Code:

(a) for the provision of services if they have been performed with his prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,
(b) the supply of goods or services the price of which depends on financial market fluctuations independent of the entrepreneur's will and which may occur during the withdrawal period,
(c) for the delivery of alcoholic beverages which may be delivered after the expiry of 30 days and the price of which depends on financial market fluctuations independent of the entrepreneur's will,
(d) the delivery of goods which have been adapted to the consumer's wishes or to his person,
(e) the delivery of perishable goods and goods which, after delivery, have been irretrievably mixed with other goods,
(f) repair or maintenance carried out at a place designated by the consumer at his request; this shall not apply, however, in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
(g) the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,
(h) the supply of an audio or visual recording or a computer program where the original packaging has been damaged,
(i) the supply of newspapers, periodicals or magazines,
(j) for accommodation, transport, catering or leisure activities, provided that the entrepreneur provides these services within the specified time limit,
(k) concluded on the basis of a public auction pursuant to the law governing public auctions, or
(l) for the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that in such a case he has no right of withdrawal.
It is not possible to withdraw from the contract without giving a reason if the goods have already been partially consumed. Nor can goods be withdrawn from the contract if their nature precludes it, in particular for hygiene reasons, or if they have been personalised or engraved according to the purchaser's wishes. If the returned goods are incomplete, damaged or visibly worn out, the seller may claim compensation.

5. WITHDRAWAL FROM THE CONTRACT BY A BUYER WHO IS NOT A CONSUMER
In the case of a buyer who is not a consumer, it is not possible to withdraw from the contract within the 14-day period according to
§ Section 1829(1) of the Civil Code.

6. SHIPPING
The costs of postage and packaging chosen by the Buyer in the order shall be borne by the Buyer and these costs shall be governed by the Seller's current price list, which can be found on the shipping and payment page.

The availability given in the details of each product (delivery date) is indicative and represents the usual delivery time for the product. This deadline is not binding. The final delivery date may vary according to the manufacturer's current stock availability. In the case of ordering more than one product, one of which is in stock and one of which is out of stock (has an indicative availability), the delivery date is governed by the product with the longest availability. The Seller reserves the possibility of successive shipment of individual products from the order according to stock availability (partial delivery of goods), whereby the consumer will not be charged additional postage. In the event that the consumer has already received part of the goods from the order, it is not possible to cancel the entire order, but only the undelivered part, while the possibility of withdrawing from the purchase contract within 14 days for goods already delivered is not affected. The approximate delivery date for the entire order is indicated in step 3 of the order (basket) and also in the copy of the order, which the consumer receives to his e-mail address after sending the order from the seller's online store. Leather, silk, cashmere or precious metal products are intended for use as fashion accessories. They are intended for short-term occasional wear/use. By their construction and material composition, they are intended, designed and manufactured for undemanding use; fashionability (appearance and design) is paramount and not durability. The products are not intended for frequent, but rather occasional wear and use. They are not work aids. Please follow the instructions for the care and use of the products. We recommend that you thoroughly inspect the goods immediately upon receipt of the goods from the carrier.

In case the packaging is damaged or there are other facts that indicate that the goods themselves may be damaged. We recommend that you do not accept the shipment or make a note of the damage to the shipment with the driver of the shipping service. A written record of the damage will facilitate the resolution of any claim. By signing the delivery note to the carrier, the consumer agrees to accept the goods and confirms that the shipment is not mechanically damaged. Therefore, it is better to check the packaging and the goods carefully before signing.

7. PAYMENT TERMS
Cash on delivery - the money for the goods is paid by the buyer only upon receipt of the goods to the postal carrier (courier) or at the post office.
Bank transfer - upon receipt of the order (proposal for conclusion of the purchase contract), the seller sends the buyer the amount of the purchase price, account number and variable symbol of payment. The buyer shall pay the goods to the seller's bank account before the goods are shipped, otherwise the goods will not be shipped or handed over. This method of payment of the purchase price is considered an advance payment of the purchase price.
Payment cards - a very convenient way of payment via PayPal payment interface. After creating an order you are redirected to the secure PayPal payment gateway where you enter the necessary details. If the transaction is authorized, the payment is made immediately and the goods are shipped no later than the next business day. Our staff do not have access to your card details, everything is in the hands of the bank only.
Bitcoin, Bitcoin Cash, DAI, Ethereum, Litecoin, USDC
PayPal - a convenient way to pay via the PayPal payment interface.


8. RIGHTS OF DEFECTIVE PERFORMANCE
The buyer's right of defective performance is established by a defect that the item has when the risk of damage passes to the buyer, even if it becomes apparent later. The buyer's right shall also be established by a defect arising later which the seller has caused by a breach of his duty.

If the defective performance is a material breach of contract, the buyer has the right to:

(a) to remedy the defect by supplying a new item without defect or by supplying a missing item,
(b) to remedy the defect by repairing the item,
(c) a reasonable discount on the purchase price; or
d) to withdraw from the contract.
The buyer shall notify the seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The buyer may not change the choice made without the seller's consent; this does not apply if the buyer has requested the repair of a defect that proves to be irreparable. If the seller fails to remedy the defects within a reasonable period of time or notifies the buyer that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract.

If the buyer fails to exercise his right in time, he shall have the same rights as in the case of an insubstantial breach of contract.

If the defective performance is an insubstantial breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price.

As long as the buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing or remedy the legal defect. The seller may remedy other defects at his option by repairing the item or supplying a new item; the choice must not cause unreasonable costs to the buyer.

If the seller fails or refuses to remedy the defect in time, the buyer may demand a reduction in the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent.

 

The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the same condition as he received it. This does not apply,

(a) if the condition has changed as a result of an inspection for the purpose of discovering a defect in the goods,
(b) if the buyer used the goods before the defect was discovered,
(c) if the buyer has not caused the impossibility of returning the item in its unaltered condition by an act or omission; or
(d) if the buyer sold the thing before the defect was discovered, consumed it, or altered it in the course of normal use; if this happened only in part, the buyer shall return to the seller what he can still return and shall compensate the seller to the extent that he benefited from the use of the thing.
If the buyer has not notified the defect in time, he shall lose the right to withdraw from the contract.

The rights arising from the defect shall be exercised with the seller at the following addresses:

ANTORINI, LUSSOLIBE Milano SE, Na Parkánech 394/6 390 01, Tábor, Czech Republic

The claim form can be found here.

Complaints are settled immediately, in more complex cases that require an assessment, within 30 days.

Charging of storage fees
If the buyer does not collect the settled complaint within 30 days from the day he/she was informed of its settlement, the seller will be charged a storage fee of 50,- CZK for each day of delay. If the buyer does not collect the goods from the settled complaint even within 6 months from the day he was informed of its settlement, the seller reserves the right to sell the goods and use the proceeds to pay the storage fee. The Buyer acknowledges that the Seller may proceed as aforesaid by way of a self-help sale pursuant to Section 2126 et seq. of the Civil Code, whereby in the event of a party's default in taking possession of the goods, the other party shall be entitled to sell the goods in an appropriate manner on the Seller's account after giving the Seller an additional reasonable period of time to take possession.

9. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE AND GUARANTEE OF QUALITY IN THE CASE OF A BUYER WHO IS A CONSUMER

The seller shall be liable to the buyer who is a consumer that the goods are free from defects on receipt, in particular the seller shall be liable to the buyer that at the time the buyer took possession of the goods,

(a) the goods have the characteristics agreed between the parties and, in the absence of agreement, those characteristics which the seller or the manufacturer described or which the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them,
(b) the thing is fit for the purpose for which the seller states it is to be used or for which a thing of that kind is usually used,
(c) the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
(d) the item is in the appropriate quantity, measure or weight; and
(e) the item complies with the requirements of the legislation.
The buyer is entitled to exercise the right of defect within 24 months of receipt of the goods. The statutory warranty period for consumer goods is 24 months, with exceptions provided for by law (in particular Section 2167 of the Civil Code).

If a defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.

The seller issues a purchase document (invoice or sales note - hereinafter referred to as the warranty certificate) for each purchased good as proof of warranty. If the buyer so requests, the seller shall confirm to the buyer in writing the extent and duration of his obligations in the event of defective performance.

If the item does not have the above-mentioned characteristics, the buyer may also demand the delivery of a new item without defects, unless this is unreasonable in view of the nature of the defect, but if the defect concerns only a part of the item, the buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer shall be entitled to have the defect remedied free of charge.

The buyer is also entitled to the delivery of a new item or the replacement of a part in the case of a removable defect if he cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract.

If the buyer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to supply a new item without defects, to replace a part of the item or to repair the item, and if the seller fails to remedy the defect within a reasonable time or if the remedy would cause the consumer considerable difficulty.

If it is proven that the delivered item does not have the characteristics and quality agreed by both parties, the seller shall bear the entire cost of delivering the item to the seller, as well as from the seller back to the customer.

The defect rights shall be exercised with the seller at the following addresses:

ANTORINI, LUSSOLIBE Milano SE, Na Parkánech 394/6 390 01, Tábor Czech Republic

The claim form can be found here.

 

If the Buyer so requests, the Seller shall confirm to the Buyer in writing the extent and duration of the Buyer's obligations in the event of defective performance. If the nature of the goods does not prevent this, the confirmation may be replaced by a proof of purchase containing the above information.

If the buyer exercises a right arising from defective performance, the seller shall confirm to him in writing when he exercised the right, as well as the repair and the duration of the repair.

10. QUALITY GUARANTEE IN THE CASE OF A BUYER WHO IS NOT A CONSUMER

The Seller shall not provide a guarantee for the quality of the goods to a Buyer who is not a consumer, unless expressly agreed between the parties. The seller's liability for defects in such a case shall be governed by the Civil Code.

11. PRICES AND VALIDITY OF THE OFFER

All prices for products and services are inclusive of VAT, which is applicable at the time of dispatch of the order. In the event that the VAT changes prior to the conclusion of the purchase contract or the dispatch of the goods, the Buyer is obliged to pay the outstanding amount of the purchase price, taking into account the type of payment chosen by the Buyer, or the Seller shall immediately send the Buyer an e-mail message asking the Buyer to inform the Seller where the overpayment of the purchase price can be paid. The delivery of the goods shall include a proper tax document. All prices of the goods, including promotional prices, are valid until recalled or stocks are sold out.

The Seller shall not be liable for any delay or inability to deliver the goods due to force majeure or where the goods ordered are not available on the market within the time period requested by the consumer. In such a case, the Seller shall inform the Consumer of an alternative extended delivery date or the impossibility of delivery of the goods in question at all, and the Consumer shall not thereby be entitled to any compensation or damages against the Seller. The consumer shall confirm his agreement to this alternative delivery date to the seller in writing (also by e-mail or fax).

12. DISCOUNTS AND DISCOUNT COUPONS

The Seller provides various types of discounts (loyalty, volume, for referrals to friends, etc.). Each discount has rules for use.

In the event that a discount or discount coupon is used in violation of the rules of the discount or discount coupon, the Seller has the right to refuse such use of the discount or discount coupon. In such a case, the Buyer shall be informed and offered the option of completing the order without such discount or coupon applied.

The rules and conditions for the application of a specific discount are attached either directly to the discount (in the form of information), or a link to the website where the rules of the discount are described in detail or are available on request. In the event of any ambiguity in the interpretation of the discount, the interpretation of the seller's application shall apply.

Each discount or coupon may only be redeemed once, unless expressly stated otherwise. In the event of multiple uses, the Seller shall have the right to refuse to honor such discount.

In the event that a discount is applied by a non-consumer purchaser and does not involve the purchase of gift certificates, the Seller shall have the right to reject such application of discount and discount coupons.

If the value of the gift voucher or discount coupon is higher than the value of the entire purchase, the difference shall not be transferred to a new voucher or coupon and the unused amount shall not be refunded.

13. GUARANTEE OF DELIVERY BY CHRISTMAS

For products marked with a Christmas tree icon indicating Guaranteed Delivery by Christmas, the products will be delivered no later than December 24, unless there is a change in stock availability caused by unexpected production delays or other unexpected circumstances arising in the production of the goods. The products will also not be delivered if there are unforeseen events of a natural or other nature that would prevent the goods from being properly stocked and shipped to the customer. In the event that there is a change in stock availability, the customer will be informed with clarifying information on the approximate delivery time, if known at the time. In the case of goods already paid for, the customer has the right to choose another alternative from the supplier's offer for the undelivered goods or to request a refund of the amount paid.

14. PROTECTION OF PERSONAL DATA

The Seller, as the processor of personal data, is also the data controller and the personal data collected will be processed in a secure manner to prevent misuse. The Buyer may request their modification or deletion at any time by e-mail.

More information can be found in the separate document Personal Data Processing Policy.


15. OUT-OF-COURT RESOLUTION OF CONSUMER DISPUTES

In the event that a consumer dispute arises between us and a consumer under a contract of sale or a contract for the provision of services which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such a dispute to a designated consumer dispute resolution body, which is

the Czech Trade Inspection Authority
Central Inspectorate - ADR Department
Štěpánská 44
110 00 Prague 1

Email: adr@coi.cz
Website: adr.coi.cz

 

REGULATION (EU) NO 524/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON ONLINE DISPUTE RESOLUTION FOR CONSUMER DISPUTES
Consumers in the European Union can also use an online dispute resolution platform. The online dispute resolution platform is launched by the European Commission at https://ec.europa.eu/consumers/odr/

16. FINAL ARRANGEMENTS

The consumer's order is archived after its delivery to the seller as a proposal for the conclusion of a purchase contract for the purpose of its fulfilment and further registration. The various technical steps leading to the conclusion of the contract are apparent to the consumer from the order process itself. The buyer has the possibility to detect and correct data entry errors before the order is placed. The costs of using remote means of communication (telephone, internet, etc.) to complete the order shall be borne by the buyer. These terms and conditions allow the consumer to archive and reproduce them.

Deviation from the GTC is only possible with the written consent of both parties. Additional or different terms and conditions of the business partner do not apply to the contractual relationships referred to in these GTC.

Relationships and any disputes arising under the contract shall be governed exclusively by the law of the Czech Republic and shall be resolved by the competent courts of the Czech Republic. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of this Convention.

The contract is concluded in the Czech language. If a translation of the text of the contract arises for the buyer's use, the interpretation of the contract in the Czech language shall apply in the event of a dispute over the interpretation of terms.

The contractor may change or supplement the wording of these GTC. This provision does not affect the rights and obligations arising during the validity period of the previous version of the GTC.

These General Terms and Conditions, including their components, are valid and effective as of 7.2.2022 and supersede the previous version of the General Terms and Conditions, including its components, and are available at the registered office and business premises of LUSSOLIBE Milano SE or electronically at www.antorini.com.