Universal terms and conditions for e-shop valid from 1.1.2018 according to the new Civil Code.
I. Basic provisions
1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")
Trading company: FUEL INVEST, SE
with its registered office: Vrážská 1562/24 a, 153 00 Praha 5 - Radotín
Acting: Roman Neumann, Chairman of the Board of Directors
Vítězslav Liška, Member of the Board of Directors
registered in the Commercial Register maintained by the Municipal Court in Prague, Section H, Insert 800
phone: + 420 606 796 796
www.3dfilaments.cz , www.printwithsmile.com
(hereinafter referred to as the "Seller")
2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside his business activity as a consumer or in the course of his business activities (hereinafter referred to as the "Buyer") through a web interface located on the website available at the Internet address www.3dfilaments.cz , www.printwithsmile.com hereinafter referred to as the "Online Store").
3. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. Deviating arrangements in the Purchase Contract shall take precedence over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the Purchase Contract are concluded in the Czech language.
II. Information on goods and prices
1. Information about the goods, including the prices of individual goods and their main characteristics, is given for individual goods in the catalog of the online store. The prices of the goods are inclusive of value added tax, all related charges and return costs, if by their nature the goods cannot be returned by the usual postal route. The prices of the goods remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually negotiated conditions.
2. All presentations of goods placed in the catalog of the online store are of an informative nature and the seller is not obliged to conclude a purchase contract for these goods.
3. Information on the costs associated with the packaging and delivery of the goods is published in the online shop. Information on the costs associated with the packaging and delivery of goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
4. Any discounts with the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
III. Order and conclusion of the purchase contract
1. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself. These costs do not differ from the basic rate.
2. The Buyer makes an order for goods in the following ways:
- through their customer account, if they have previously registered in the online store,
- by filling in the order form without registration.
3. When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The order is sent by the buyer to the seller by clicking on the send order button. The data specified in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation of the buyer that he has become acquainted with these terms and conditions.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. Attached to the confirmation are the current terms and conditions of the seller. The purchase contract is concluded only after the acceptance of the order by the seller. Notification of receipt of the order is delivered to the buyer's e-mail address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation shall be deemed to constitute the conclusion of a contract. Attached to the confirmation are the current terms and conditions of the seller. The purchase contract is concluded by confirming the order by the seller to the buyer's e-mail address.
6. In the event that any of the requirements specified in the order cannot be fulfilled by the seller, he will send the buyer to his e-mail address a modified offer. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by confirming the buyer's acceptance of this offer to the seller at his e-mail address specified in these terms and conditions.
7. All orders accepted by the seller are binding. The buyer may cancel the order until the buyer is notified of the acceptance of the order by the seller. The Buyer may cancel the order by phone to the telephone number or email of the Seller specified in these Terms and Conditions.
8. In the event that there was an obvious technical error on the part of the Seller when stating the price of the goods in the online store, or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this clearly erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order under these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer to his e-mail address an amended offer. The amended offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's e-mail address.
9. SAMPLES - to promote the sale and implementation of the Print With Smile brand, the customer can order one set of samples for a given price after registering in the e-shop www.printwithsmile.cz (com). This price is no longer subject to other discount promotions. 1 set of samples contains a set of 6 pieces of samples of various materials and colors. This can be modified by a note in the order. If the customer is interested in a larger number of samples, it is necessary to request them via email firstname.lastname@example.org. On the basis of the quantitative requirements of the dude, the price for sending samples in the number of more than one set (1 piece) is determined.
IV. Customer Account
1. Based on the buyer's registration made in the online store, the buyer can access his customer account. From his customer account, the buyer can make an order for goods. The buyer can also order goods without registration.
2. When registering in the customer account and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the customer account and when ordering the goods are considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow the use of the customer account by third parties.
5. The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer breaches his obligations under the purchase contract and these terms and conditions.
6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of hardware and software of third parties.
V. Terms of payment and delivery of goods
1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer in the following ways:
- by wire transfer to the Seller's bank account No. 2301452448/ 2010, maintained at FIO Banka, Prague,
- IBAN: CZ5420100000002301452448, SWIFT: FIOBCZPPXXX.
- cashless by payment card
- by wire transfer to the seller's account via a payment gateway
- cash on delivery at the handover of goods,
- in cash or by credit card for personal collection at the premises
- in cash or by credit card for personal collection of consignments
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.
4. In the case of payment through a payment gateway, the buyer shall follow the instructions of the respective electronic payment provider.
5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's bank account.
6. The Seller does not require any advance payment or other similar payment from the Buyer in advance. Payment of the purchase price before sending the goods is not a deposit.
7. According to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical outage, within 48 hours at the latest
8. The goods are delivered to the buyer:
- to the address specified by the buyer to the order
- through the consignment dispensary to the address of the dispensary designated by the buyer,
- personal collection at the seller's premises
9. The choice of delivery method is made during the ordering of the goods.
10. The costs of delivery of the goods depending on the method of dispatch and receipt of the goods are specified in the buyer's order and in the order confirmation by the seller. In the event that the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
11. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively the costs associated with another method of delivery.
12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier.
13. The Seller shall issue a tax document – invoice to the Buyer. The tax document is sent to the buyer's e-mail address./The tax document is attached to the delivered goods.
14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not earlier than by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
VI. Withdrawal from the contract
1. A buyer who has concluded a purchase contract outside his business activities as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
- from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
3. The buyer may not, inter alia, withdraw from the purchase contract:
- the provision of services if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,
- on the supply of goods or services the price of which depends on financial market fluctuations independently of the seller's will and which may occur during the withdrawal period,
- on the supply of alcoholic beverages which may be delivered only after thirty days and the price of which depends on financial market fluctuations independent of the seller's will,
- on the delivery of goods that have been modified according to the buyer's wishes or for his person,
- the supply of perishable goods as well as goods which have been irreversibly mixed with other goods after delivery,
- the delivery of goods in sealed packaging that the buyer has removed from the packaging and for hygienic reasons it is not possible to return it,
- the supply of an audio or video recording or a computer program if it has broken its original packaging,
- delivery of newspapers, periodicals or magazines,
- the supply of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,
- in other cases referred to in Section 1837 of the Civil Code.
4. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
5. To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the seller's e-mail or delivery address specified in these terms and conditions. The seller shall confirm to the buyer without delay the receipt of the form.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
7. If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, received from him, in the same way. The seller will return the funds received to the buyer in another way only if the buyer agrees to it and if he does not incur additional costs.
8. If the buyer has chosen a method of delivery other than the cheapest one offered by the seller, the seller shall refund to the buyer the cost of delivery of the goods in the amount corresponding to the cheapest offered method of delivery of the goods.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
10. The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage incurred to the goods against the Buyer's claim for a refund of the purchase price.
11. The seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the order and shall return within 14 days of the notification of withdrawal from the Purchase Contract all funds, including delivery costs, received from him on the basis of the contract, in the same way or in the manner specified by the Buyer.
VII. Rights arising from defective performance
1. The seller is liable to the buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took over the goods:
- the goods have properties that the parties have agreed and, in the absence of an arrangement, have such properties that the seller or the manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,
- the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
- the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
- the goods are in an appropriate quantity, measure or weight, and
- the goods comply with the requirements of legal regulations.
2. If the defect occurs within six months of receipt of the goods by the buyer, it is considered that the goods were defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods to a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.
3. In the event of a defect, the buyer may submit a complaint to the seller and require:
- exchange for new goods,
- repair of goods,
- a reasonable discount on the purchase price,
- withdraw from the contract.
4. The buyer has the right to withdraw from the contract,
- if the goods have a substantial defect,
- if the item cannot be properly used due to the recurrence of the defect or defects after repair,
- in case of a larger number of defects in the goods.
5. The seller is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible, or even at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of settlement of the complaint the Buyer requires, as well as confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
6. The seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed for expert assessment of the defect. The complaint, including the removal of the defect, must be settled immediately, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The expiry of this period in vain is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of making a claim is considered to be the moment when the Buyer's will (exercise of the right from defective performance) reaches the Seller.
7. The seller shall inform the buyer in writing of the outcome of the complaint.
8. The right from defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing had a defect or if the buyer himself caused the defect.
9. In the case of a justified complaint, the buyer has the right to compensation for reasonably incurred costs incurred in connection with the claim. This right may be exercised by the buyer at the seller within one month after the expiration of the warranty period.
10. The buyer has the choice of the method of complaint.
11. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
12. Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's Complaints Procedure.
1. The Contracting Parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer shall deliver the correspondence to the Seller to the e-mail address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the e-mail address specified in his customer account or in the order.
XI. Out-of-court dispute resolution
1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
2. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant 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 Online Dispute Resolution for Consumer Disputes).
3. The seller is entitled to sell goods on the basis of a trade license. Trade inspection is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection.
X. Final provisions
1. All agreements between the seller and the buyer with the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
2. The seller is not bound in relation to the buyer by any codes of conduct within the meaning of § 1826 para. 1 point. e) the Civil Code.
3. All rights to the Seller's website, in particular copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
4. The seller is not responsible for errors arising as a result of third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere with or use the software or other components of the online store without authorization and use the online store or its parts or software in such a way that would be contrary to its purpose or purpose.
5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 para. 2 of the Civil Code.
6. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
7. The seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
8. The terms and conditions are attached to the model form for withdrawal from the contract.
These Terms and Conditions come into effect on 10.05.2020