Terms & Conditions
General Terms and Conditions of the Company Filament ID s. r. o., with its registered office at U Náměstí 707, Dolní Břežany, Postal Code 252 41, Company ID No. 07308931, a company registered in the Commercial Registry maintained by the Municipal Court in Prague under section C, File No. 298858 for the sale of goods by means of an online store located at https://re-pet3d.com/eshop/.
1.1. The following General Terms and Conditions of the Company Filament ID s. r. o., with its registered office at U Náměstí 707, Dolní Břežany, Postal Code 252 41, Company ID No. 07308931, a company registered in the Commercial Registry maintained by the Municipal Court in Prague under section C, File No. 298858 (hereinafter referred to as the „Seller“) are valid and effective from 20 September 2019 (hereinafter referred to as the „Terms and Conditions“). For third parties entering into legal obligations with the Seller, the terms and conditions are effective at the moment of their publication on the web interface of the seller’s online store (hereinafter referred to as the „Web Interface“), which is operated by the Seller at https://re-pet3d.com/eshop/.
1.2. The Terms and Conditions regulate, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the „Civil Code“), the mutual rights and obligations of the contracting parties arising out of or in connection with a purchase agreement (hereinafter referred to as the “Purchase Agreement”) or other contracts, incl. contracts concluded through the Web Interface, where the provisions contained in these Terms and Conditions form an integral part of the respective contract, while the rights and obligations are regulated differently:
- between the Seller and any person who, outside his / her business or independent activity, concludes the Purchase Agreement or other contract with the Seller or otherwise negotiates with the Seller (hereinafter referred to as the “Buyer – Consumer” or “Consumer“), and the Consumer is defined in Section 419 of the Civil Code – the rights and obligations between the Seller and the Consumer are governed by these Terms and Conditions, and also by the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”), if any Purchase Agreement is concluded between the parties in accordance with the provisions of § 2079 et seq. of the Civil Code,
- between the Seller and another natural or legal person who independently carries out a gainful activity in a trade or similar manner on his own account and responsibility with the intention of doing so consistently for profit and between the Seller and the State, state organization or self-governing territorial unit (hereinafter referred to as the “Buyer – Entrepreneur“ or “Entrepreneur”), the Entrepreneur is defined in Section 420 et seq. of the Civil Code – the rights and obligations between the Seller and the Entrepreneur are governed by these Terms and Conditions and also by the Civil Code, if any Purchase Agreement is concluded between the parties in accordance with the provisions of Section 2079 et seq. of the Civil Code.
1.3. If these Terms and Conditions regulate some rights and obligations together for both the Consumer Buyer and the Entrepreneur Buyer, both the Consumer Buyer and the Buyer Entrepreneur are equally referred to as the „Buyer“.
1.4. These Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the English language. The Purchase Agreement can be concluded in the English language.
1.5. The Seller may change the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
- CONCLUSION OF A PURCHASE AGREEMENT
2.1. Unless further specified in these Terms and Conditions or expressly agreed between the Parties, the provisions of these Terms and Conditions determined in the event of the conclusion of a Purchase Agreement shall likewise apply to other contracts concluded between the Parties.
2.2. All presentation of the goods placed in the Web Interface of the shop is of informative character and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. The Seller hereby expressly declares that although the presentation of the goods in the Web Interface of the Internet shop would contain all the essentials of the Purchase Agreement, it is not an offer within the meaning of the Civil Code, when the Seller does not have the will to be bound by the contract within the meaning of the presentation of the goods without further acceptance and the provision of 1732 (2) of the Civil Code does not apply to the presentation of goods in the Web Interface of the shop.
2.3. The proposal to conclude the Purchase Agreement is an order made by the Buyer within the meaning of Article 2.5. of the Terms and Conditions.
2.4. The Web Interface of the online store contains information about the goods, including the price for the purchase of individual goods. Prices of goods include VAT and all related fees. The prices of the goods remain valid as long as they are displayed in the shop’s Web Interface. This provision does not limit the Seller’s ability to conclude the Purchase Agreement under individually negotiated terms, i.e. expressly with an agreed price other than that specified for the goods on the Web Interface of the shop. The Web Interface also contains information about the costs associated with packaging and delivery.
2.5. Before ordering the goods, the Buyer is obliged to read these Terms and Conditions. Furthermore, before ordering the goods, the Buyer is obliged to thoroughly familiarize himself / herself with the data regarding the goods provided on the Web Interface, such as the price of goods including all taxes and fees, description of the goods and description of its main features, and if the Buyer considers this information to be inadequate, he / she can contact the Seller with a request for their completion. The Buyer is also obliged to read the information published on the Web Interface of the shop regarding the conditions of individual modes of transport and modes of payment of the price of the ordered goods, which the Seller allows, and also about the costs associated with these modes of transport and payment of the price. To order goods, the Buyer fills in an order form published on the Web Interface of the shop. Before sending the order form to the seller, the buyer has the opportunity to check, change and correct the data entered in it. The order form shall contain the following data:
- information about the Buyer, and if the Buyer gives his identification number in the order, it is considered that the buyer is an entrepreneur according to Article 1.2. of these Terms and Conditions,
- information about the ordered goods (the buyer “inserts” the ordered goods into the electronic shopping cart of the web interface of the shop),
- information on the required method of payment of the purchase price of goods,
- information on the required method of delivery; and
information on the costs associated with the delivery of the goods (hereinafter the order form containing all of these data is referred to as “Order”).
2.6. The Buyer sends the order to the Seller by clicking on the “Order” button. By sending an order, the Buyer confirms that he / she has read these Terms and Conditions and other data and information to be acquainted, especially those according to Article 2.5. of these Terms and Conditions, i.e. that by sending an order it is considered that the Buyer have read them and that the Buyer agrees with them. The information given in the order is considered complete, correct and true at the moment of sending it to the Seller. Upon receipt of the order, the Seller shall confirm the receipt of the order by e-mail to the Buyer’s e-mail address specified in the Order (hereinafter referred to as the “Buyer’s E-mail Address”).
2.7. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs, etc.), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
2.8. The contractual relationship between the Seller and the Buyer arises upon the delivery of an order confirmation sent by the Seller to the Buyer via e-mail to the Buyer’s e-mail address (hereinafter referred to as the “Order Confirmation“). The order confirmation is therefore the acceptance of the order according to the relevant provisions of the Civil Code. The Purchase Agreement is concluded once the order confirmation is delivered.
2.9. The Seller delivers the goods to the Buyer according to the order, depending on the availability of the goods and its operational possibilities as soon as possible. Unless otherwise agreed between the contracting parties, the Purchase Agreement is concluded with the full knowledge of the parties, without the agreement of the parties on the specific date of delivery of goods.
2.10. Buyer acknowledges that if the price of the goods listed in the Web Interface of the shop and then in the order is clearly lower than the usual price of the same or comparable goods at the place and time, or if the price of goods is 0 CZK or no price, due to a typing or count error or technical error on the part of the Seller, the Purchase Agreement is not concluded at all, even though the Seller has confirmed to the Buyer the acceptance of the order, because the Seller does not have the will to conclude a Purchase Agreement with such purchase price or without specifying a purchase price. The Seller is obliged to inform the Buyer of this fact without delay and no later than 1 working day from the date of sending the order confirmation. The Seller shall not be liable to the Buyer for any resulting damage.
2.11. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the Purchase Agreement (Internet connection costs, telephone costs) shall be borne by the Buyer himself, and these costs do not differ from the standard rate.
2.12. After the Purchase Agreement is concluded, it can be changed only by agreement between the contracting parties. The Buyer is entitled to ask the Seller to change the content of the Purchase Agreement, the Purchase Agreement is changed once the acceptance of such change is sent, i.e. by the Seller’s approval or confirmation of the change, to the Buyer’s email address. The Seller is not obliged to accept a change in the Purchase Agreement, especially if the Seller has already handed over the goods to a third party for transport or if the Seller has modified the goods according to the Buyer’s requirements.
- PURCHASE PRICE AND PAYMENT TERMS
3.1. Together with the purchase price, the Buyer is obliged to pay to the Seller also the costs associated with packaging and delivery of goods to the Buyer, unless otherwise agreed in the Purchase Agreement. Unless expressly stated differently below, the purchase price includes the costs associated with the delivery of goods.
3.2. The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
- payment by credit card. Payment is provided by a payment gateway. All regular cards are accepted.
- payment via online payment system Pay Pal
3.3. The Seller does not require the Buyer to pay a deposit or other similar payment. The payment of the purchase price before sending the goods is not considered as a deposit.
3.4. In the case of cashless payment made in advance, the purchase price is due within seven (7) days of the conclusion of the Purchase Agreement. In the event that the purchase price is not paid within the period referred to in the previous sentence, the Purchase Agreement terminates by the expiration of the time limit. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment when the entire purchase price is credited to the Seller’s account.
3.5. The Seller is entitled, especially if the Buyer does not confirm the order additionally (Article 2.7.) Or if it is justified by the extraordinary amount of transport costs or the price of the goods, to require payment of the entire purchase price before sending the goods to the Buyer. If, in the situation described in the previous sentence, the Buyer does not accept the Seller’s request, i.e. the Buyer does not expressly accept or does not act in accordance with it, the Seller has the right to withdraw from the Purchase Agreement without further action. The provisions of Section 2119 (1) of the Civil Code shall not apply.
3.6. Possible discounts from the purchase price of goods provided by the Seller cannot be combined with each other, unless the Seller and the Buyer agree otherwise.
3.7. Regarding payments made under the Purchase Agreement, the Seller will issue to the Buyer a tax document – an invoice, which serves as proof of the purchase of the goods. The Seller is a VAT (value-added tax) payer. The invoice will be issued to the buyer after the payment of the purchase price and sent to the Buyer via e-mail. Billing information of the Buyer cannot be changed once the order has been placed.
- WITHDRAWAL FROM THE PURCHASE AGREEMENT
4.1. In accordance with Section 1829 (1) of the Civil Code, the Buyer has the right to withdraw from the contract within fourteen (14) days. The period according to the previous sentence runs from
a) date of receipt of the goods, if it is a purchase contract,
b) date of receipt of the last delivery of the goods, in the case of a contract whose object is several types of goods or delivery of several parts;
c) date of receipt of the first delivery of goods, in the case of a contract whose subject matter is the regular repeated delivery of goods,
d) date of the conclusion of the contract in other cases.
The above-mentioned period for withdrawal from the Purchase Agreement by the Buyer shall be deemed to be maintained if the Buyer sends the withdrawal from the Agreement to the Seller during this period. The withdrawal period starts to run the day after the event determining its origin (which may be, for example, that the consumer has taken over the goods). If the last day of the period falls on a Saturday, Sunday or public holiday, the last day of the period shall be the next working day.
4.2. In case of withdrawal from the Purchase Agreement, the Purchase Agreement is canceled from the beginning. In such case, the goods must be returned to the Seller within fourteen (14) days from the withdrawal to the contact address specified in Article 11.5. of the Terms and Conditions.
4.3. The Buyer – Consumer shall send the withdrawal from the Purchase Agreement:
a) in writing, by completing the withdrawal form (here) to the Seller’s delivery address at Nerudova 3078, Tábor, Postal code 390 02
4.4. If the Buyer – Consumer withdraws from the Purchase Agreement, the Buyer bears the cost of returning the goods to the Seller, even if the goods cannot be returned by usual postal service because of their nature.
4.5. The goods should be returned by the Buyer – Consumer complete, undamaged and without apparent signs of use, i.e. including all accessories supplied, with complete documentation, clean, in the original undamaged packaging, in the value and condition in which the Buyer received the goods. In the event that the Buyer consigns the goods for which he is withdrawing by a transport service, he should, in his own interest, pack them in suitable and sufficiently protective packaging material meeting the transport requirements, in order to avoid any damage during the transport. For fragile goods, the Buyer should mark the shipment with the appropriate symbols. The risk of damage to the goods shall be borne by the Buyer until the goods are received by the Seller.
4.6. The Buyer – Consumer shall be liable only to the Seller for the diminution in value of the goods resulting from the handling of the goods in a manner other than other than appropriate in view of its nature and characteristics. If the Buyer wishes to exercise his right of withdrawal within a statutory period of fourteen (14) days and if the value of the goods in the above-mentioned manner has decreased within this period, the Seller shall be entitled to claim compensation for damages the amount of the price against the Buyer’s claim for a refund of the entire purchase price.
4.7. Within fourteen (14) days of returning the goods by the Buyer, the Seller is entitled to review the returned goods, in particular to determine whether the returned goods have not been damaged, excessively worn or partially consumed by the Buyer.
4.8. In the event of withdrawal from the Purchase Agreement, the Seller refunds all funds received from the Buyer due to fulfillment of obligations under the Purchase Agreement, ie the paid purchase price of the goods and the costs associated with delivery to the Buyer corresponding to the cheapest method of delivery offered, without delay, but no later than fourteen (14) days from the withdrawal from the Purchase Agreement by the Buyer, in the same manner as the Seller accepted them from the Buyer.
4.9. If a gift is provided to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Agreement, the gift contract for such a gift ceases to be effective and the Buyer is obliged to return the gift together with the goods, including enrichment. In case these are not returned, such values shall be understood as unjust enrichment of the Buyer. If it is not possible to return the object of unjust enrichment, the Seller has the right to monetary compensation in the amount of the usual price. A withdrawal from the donation agreement does not terminate the Purchase Agreement and contracts are considered in this respect separately.
- TRANSPORT AND DELIVERY
5.1. The method of transport of goods, if the chosen place of performance is a different address than the address of the Seller’s establishment, is determined by the Buyer in the order by choosing from the shipping options offered by the Seller. If the Buyer is an entrepreneur, the moment when the goods are handed over to the carrier for transport to the Buyer – Entrepreneur, the Seller fulfills his obligation to hand over the goods. In the event that the mode of transport is negotiated on the basis of a special request of the Buyer without being offered to him by the Seller, the Buyer shall bear any additional costs associated with this mode of transport and at the moment the goods are handed over to the carrier for transport to the Buyer, the goods are considered to be delivered within the meaning of Section 2090 (1) of the Civil Code, even if the Buyer is a consumer. Otherwise, the Seller fulfills its obligation to hand over the goods by enabling the Buyer to handle the goods at the place of performance, which is the Seller’s address, and notifies the Buyer about such possibility in due time or, in case that the goods are shipped to the Buyer, the Seller fulfills its obligation at the moment when the goods are handed over to the Buyer by the carrier.
5.2. If, for reasons of buyer’s need, it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
5.3. If the Seller is obliged under the Purchase Agreement to send the goods to a place outside the Seller’s premises designated by the Buyer in the order, the Buyer is obliged to take over the goods upon handover by the carrier. If the Buyer fails to take over the goods upon handover by the carrier, the Buyer breaches the important obligation under the Purchase Agreement and the Seller is further entitled to withdraw from the Purchase Agreement without further claims and to claim from the Buyer compensation for damage, which shall consists of at least reasonably incurred costs associated with transportation, packaging and related administrative costs
5.4. Upon personal takeover of the goods from the Seller, the Buyer is obliged, on the basis of delivery note, invoice or other proof of purchase, to thoroughly check the goods taken over, especially its completeness and integrity.
5.5. When receiving the goods from the carrier, the buyer is obliged to thoroughly check:
- on the basis of the consignment note, the status of the shipment, in particular the number of packages and the integrity of the packaging. If any defects are found, write them in the consignment note confirming receipt of the shipment,
- on the basis of the delivery note, invoice or other proof of purchase, the completeness and integrity of the goods. If the Buyer is not allowed to do so by the carrier upon receipt of the consignment, he / she shall do so on the same day on which he / she took over the consignment.
5.6. If the Buyer did not receive the delivery note, invoice or other proof of purchase together with the goods, he should immediately request it from the Seller, among other things to be able to check the completeness of the shipment, because the missing delivery note, invoice or other proof of purchase may signal that part of the shipment was not delivered. If the Seller bears the risk of damage and accidental destruction of the goods until the Buyer accepts the goods, the incomplete or obviously damaged shipment may not be accepted by the Buyer, but he is obliged to record this in the consignment note and immediately inform the Seller via e-mail to email@example.com along with the number of the order.
5.7. If the Buyer accepts the shipment and finds any discrepancies during the inspection of the goods (discrepancy with the Purchase Agreement – apparent defects), he is obliged to notify the Seller by email at firstname.lastname@example.org no later than the following working day
a) in the case of damage to the goods, the Buyer shall state the number of the order, shipment number and attach photo documentation of the following:
- damaged goods,
- shipping label with the shipment number,
- handling marks such as fragile / caution glass / do not tilt etc. (if used)
- packaging – general view from two sides,
- internal packaging of the shipment including fillings
b) in case of incompleteness of the goods, the Buyer shall state the number of the order, shipment number, list of missing goods or components and enclose photo documentation of the following:
- shipping label with the shipment number,
- packaging – general view from two sides,
- content of the shipment that was delivered
5.8. The Buyer is also obliged to draw up a record of the damage with the carrier and deliver it immediately to the Seller.
LIABILITY FOR DEFECTS (COMPLAINTS PROCEDURE)
6.1. The rights and obligations between the Seller and the Buyer regarding the Seller’s liability for defects of goods are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Consumer Protection Act)
6.2. The goods are defective if they are not delivered by the seller in the agreed quantity, quality and design. If the quality and design are not agreed on, the Seller performs in quality and design suitable for the purpose evident from the Purchase Agreement, or otherwise for the usual purpose. When determining the quality or design according to the agreed sample or model, the goods must conform to the sample or model by quality or design. If the quality or design specified in the Purchase Agreement differs from the sample or template, the Purchase Agreement shall prevail. If the Purchase Agreement and the sample determine the quality or design of the thing differently, but not contradictorily, the thing must correspond to the Purchase Agreement and also to the sample or template. A defect is considered to be the performance of another thing as well as defects in the documents necessary for the use of the thing and legal defects. The goods have a legal defect if the third party has a right to it and the Buyer did not know or could not have known about such right of the third party. The Seller also performs defectively if he assures the Buyer in contradiction with the fact, that the goods have no defects or that the goods are fit for a certain purpose. If the defect is conspicuous and obvious already at the conclusion of the Purchase Agreement or if the defect can be identified from the public list, then the responsibility is to be borne by the Buyer. This does not apply if the Seller cunningly disguise the defect or if the Seller expressly assured the Buyer that the goods do not have such defect or that it is free of defects at all.
6.3. The Seller shall be liable to the Buyer that the goods are free from defects when the risk passes to the Buyer, even if these defects become apparent only later, and that the goods will not later become defective due to breach of the Seller’s obligations; if the Buyer is a consumer and the defect becomes apparent within six (6) months of receipt, the goods are deemed to have been defective upon receipt. If the Buyer is a consumer, the Seller is also responsible for ensuring that at the time when the Buyer took over the item,
a) the item has the characteristics agreed by the parties and, in the absence of an agreement, that is has those characteristics which the Seller or the manufacturer has described or which the Buyer expected with regard to the nature of the goods and the advertising they carry out;
b) the item is fit for the purpose stated by the Seller for its use or for which the item of this kind is usually used,
c) the item corresponds 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,
d) the item is in a corresponding quantity, measure or weight and
e) the item complies with legal requirements.
6.4. The Buyer – Consumer is entitled to claim the defect that occurs in the goods within twenty four (24) months and the Buyer – Entrepreneur is entitled to claim the defect that occurs in the goods within six (6) months. The period for exercising the right from the defect begins to run on the day of receipt of the goods by the Buyer. If the complaint is settled through the exchange of goods, there is no new period for claiming the defect. When settling a recognized complaint by repair or replacement, the period for exercising the right from the defect to the goods is extended by the duration of the complaint. The duration of the complaint is counted from the day following the claim to the day when the Buyer was informed about its processing.
6.5. The Buyer may also exercise the right from defective performance in court, if the Buyer notifies the Seller of this defect without undue delay after having had the opportunity to inspect the goods and detect the defect. If the Buyer has not found the defect in time and the Seller claims a delayed reproach of he defect, the court will not grant the Buyer the right. This does not apply if the defect is due to a fact that the Seller knew or must have known about such defect at the time of handover.
6.6. Before the first use of the goods by the Buyer, the Seller recommends the Buyer to carefully read the instructions for use and then follow this information. Otherwise, the Buyer runs the risk of damaging the goods by misuse of the goods and will not be able to claim the defect within the scope of his / her right resulting from defects in the goods.
6.7. The Buyer’s rights from defects (hereinafter referred to as the “Complaint”) are exercised by the Buyer at the Seller‘s contact address specified in Article 11.5. of the Terms and Conditions. The Buyer is obliged to file a complaint without undue delay after finding the defect. When making a complaint, the Buyer shall hand over the claimed goods together with the accessories, that are necessary to assess the defects of the goods. The Seller recommends that the Buyer attach to the claimed goods:
- copy of the proof of purchase (invoice) or other appropriate evidence of the goods warranty;
– the seller expressly points out that since the proof of purchase of the goods (invoice, delivery note) is one of the documents issued to the consumer at his / her request (see § 16 of the Consumer Protection Act), the success of the complaint is not conditioned by presenting this document, if the consumer’s purchase of goods from the Seller can be proved otherwise,
- detailed description of the defect,
- sufficient contact information, in particular return address, telephone, e-mail.
6.8. To make a claim, the Buyer may use the Sample Form provided by the Seller. In the event that the buyer sends the goods under complaint by the shipping service, the Buyer should in his / her own interest pack the goods in suitable and sufficiently protective packaging material meeting the transport requirements so that it will not be damaged during transport. For fragile goods, the Buyer should mark the shipment with the appropriate symbols. The risk of damage to the goods shall be borne by the Buyer until the goods are received by the Seller.
6.9. Upon making a claim, the Buyer shall receive, within three (3) working days since making the claim at the latest, a confirmation of when the claim was made, its content, the method of handling which the Buyer requests, to the contact e-mail immediately after receiving the complaint, in the case of a personal claim, the confirmation is handed over immediately. The Buyer is obliged to provide the Seller with all cooperation necessary to identify the defect and the origin of the goods and, in the case of missing essentials, to present them upon request. Otherwise, the Buyer runs the risk of complaint being rejected for failure to act. The period for settlement of the complaint begins to run only after presenting adding the missing requirements. The Seller has the right to refuse to accept the goods in the complaint in cases where the claimed goods and / or its parts are contaminated or do not meet the basic prerequisites for hygienically safe handover of the goods to the complaint procedure, unless the contamination is usual. Goods submitted for complaint will be tested only for defects stated by the Buyer. The Buyer is aware that if he / she does not deliver the claimed goods including all the accessories received, then in case of withdrawal from the Purchase Agreement the Buyer will be refunded the purchase price reduced by the price of the undelivered accessories.
6.10. After making a claim, the Seller is obliged to decide on the claim (i.e. whether the claim will be settled or rejected) immediately, in more complicated cases within three (3) working days. This period does not include the time required for expert assessment of the defect of the goods. An employee in charge of handling complaints must be present at the Seller’s premises during the entire opening hours. Complaints including the removal of defects must be settled by the Seller within the following deadlines:
- in the case of the Buyer – Consumer without undue delay, and no later than thirty (30) calendar days from the date when the complaint was made,
- in the case of the Buyer – Entrepreneur, no later than sixty (60) calendar days from the date when the complaint was made,
- or in a longer period if the Seller and the Buyer agree.
6.11. The deadline for settling the claim begins on the day following the day the claim is made. After the lapse of the deadline for settling the claim, the Buyer has the same rights as if it were a defect that cannot be removed. The Buyer can ask for information about the status of the complaint by e-mail at email@example.com. The Seller shall issue, or send, a written confirmation about the date when the Buyer exercised the right, about the way of settlement of the complaint, including confirmation of the repair and its duration, or justification for its rejection (hereinafter referred to as the “Complaint Protocol”). The Buyer has the right to reimbursement of reasonably incurred costs associated with the application of a justified complaint. These costs are seen as the least necessary. Especially, this involves postage for sending complaint. The reimbursement of costs must be claimed without undue delay after the complaint has been settled, but no later than within one (1) month from the end of the complaint period. The Seller recommends the buyer to do so best via e-mail to firstname.lastname@example.org along with the claim number and copy of the proof of payment.
6.12. The Buyer is informed about the settlement of the complaint by e-mail, SMS or telephone. If the Buyer has sent the goods to the Seller by the shipping service, it is automatically sent back to the Buyer’s address after the complaint has been settled. Provisions of Article 6.4. of the Terms and Conditions shall also apply in the case of acceptance of goods from the carrier after the settlement of the complaint. If the Buyer fails to take over the goods when handed over by the carrier, he shall be liable to the Seller for damage caused thereby. When receiving the claimed goods, the Buyer is obliged to check the goods taken over, especially its completeness and compliance with the complaint protocol. Any discrepancies must be immediately communicated to the Seller. Later objections will no longer be taken into account. The Buyer is obliged to take over the goods from the settled complaint without undue delay and within thirty (30) days from the day when it was informed about its settlement at the latest. In the event that the Buyer does not take over the goods within the specified period, or fails to take over the goods when sending the goods back after the complaint has been settled from the carrier, the Seller is entitled to charge the Buyer storage fees in the usual amount. If the Buyer does not pick up the goods from the settled complaint within six (6) months from the day when he was informed about its settlement, the Seller reserves the right to sell the goods and use the proceeds from the sale to pay the storage fee. If the goods from the settled complaint were sent to the Buyer‘s address and the Buyer does not accept the shipment, it will be stored for personal pickup at the Seller’s premises while maintaining the conditions for its collection and will be sent again at the Buyer’s expense. If the goods are dispensed after the complaint has been settled, the Buyer is obliged to present the document received upon receipt of the goods to the complaint, or. they must prove their identity.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The Buyer acquires ownership of the goods at the moment when the goods are taken over from the Seller by the Buyer or delivered to the Buyer, but only on condition that the total purchase price is fully paid at the latest. The risk of damage to the goods, however, passes at the moment of its takeover by the Buyer or at the moment of delivery of the goods to the Buyer, unless it has passed in accordance with the Purchase Agreement or the Terms and Conditions previously.
7.2. The Seller makes no warranties, except for those under general law. The Seller is not bound by any Code of Conduct in relation to the Purchaser within the meaning of Section 1826 (1) (e) of the Civil Code.
7.3. The Purchaser acknowledges that the software and other components that make up the web-based interface of the e-shop (including photographs of the offered goods) are copyrighted. Buyer undertakes not to engage in any activity that could allow him / her or third parties to tamper with or use the software or other components that make up the web-based interface of the e-shop unjustifiably.
7.4. The buyer is not entitled to use mechanisms, software or other procedures that could negatively affect the web interface of the e-shop when using the e-shop web interface. The e-shop web interface can only be used to the extent that it does not detract from the rights of the other customers of the seller and is in accordance with its intended purpose.
7.5.The Buyer acknowledges that the information provided on the website may be taken over by the Seller from third parties and may therefore contain factual and technical inaccuracies, color variations or typographical errors, and there may be insignificant details between such information or the display of the goods and the actual condition, accessories or goods appearance.
7.6. The Seller shall not be liable for loss of profits or direct, indirect, extraordinary or other damages caused by the use of the information given on the website.
7.7. Consumer complaints are handled by the Seller via the e-mail address email@example.com . The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s email address.
7.8. Mutual disputes between the Seller and the Buyer shall be settled by the courts of general jurisdiction of the Czech Republic, whose jurisdiction is determined according to the registered office of the Seller.
7.9. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, Postal code 120 00, Prague 2, ID No. 000 20 869, Internet address: http://www.coi.cz , is competent for the out-of-court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the Purchase Agreement
7.10. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, Postal code 120 00, Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a 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 ODR)
7.11. The seller is entitled to sell goods on the basis of a trade license. Trade license inspection is carried out by the appropriate Trade Licensing Office within the scope of its competence. Supervision of personal data protection is performed by the Personal Data Protection Authority. The Czech Trade Inspection carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
- PERSONAL DATA PROTECTION
8.1. The Seller fulfills its obligation to inform the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) in connection with the processing of the Buyer’s personal data for the purpose of fulfilling the Purchase Contract, for the purposes of negotiating the Purchase Contract and for the fulfillment of the Seller’s public obligations by means of a separate document Conditions for the protection of personal data.
9.1. The Buyer agrees to receive information related to the Seller’s goods, services or business to the Buyer’s email address and further agrees to receive commercial communications from the Seller to the Buyer’s email address. The Buyer declares that he / she has been advised that he / she can withdraw his / her consent to the sending of commercial communications to the Seller by written notice delivered to the Seller’s address.
9.2. The Buyer agrees that the cookies will be stored on his / her computer. If it is possible to make a purchase on the website and fulfill the Seller’s obligations under the Purchase Agreement without storing so-called cookies on the Buyer’s computer, the Buyer may at any time withdraw the consent under the previous sentence.
10.1. Unless otherwise agreed, all correspondence related to the Purchase Agreement shall be delivered to the other Party in writing, by e-mail, in person or by registered postal service provider (at the option of the sender). The Seller delivers to the Buyer to the email address listed in the order.
10.2. In the case of delivery by e-mail, the message is delivered when it is received at the incoming mail server, unless it is returned to the sender as undelivered or the sender is otherwise aware that the message has not been delivered, and the integrity of e-mail messages can be assured by the certificate. In the case of delivery in person or through a postal service provider, the message is delivered by an acceptance of the consignment by the addressee, or on the third working day after dispatch or on the fifteenth working day after dispatch if it is an international shipment.
- FINAL ARRANGEMENTS
11.1 By sending the Order the Buyer confirms that he/she has read the Terms and Conditions of the Seller and that he/she agrees with them without reservation.
11.2. If the relationship associated with the use of the website or the legal relationship established by the Purchase Agreement contains an international element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights under generally binding legal regulations.
11.3. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
11.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.5. Contact details of the seller: Delivery address – Filament ID s. r. o., U Náměstí 707, Dolní Břežany, Postal Code 252 41, e-mail address firstname.lastname@example.org .
Prague, 1 September 2019