Terms and Conditions
I. BASIC PROVISIONS
These general terms and conditions ("Terms") govern, in accordance with Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations between you, as the buyer, and us, as the seller, arising in connection with or based on the purchase contract ("Contract") concluded via the e-shop on the website https://shop.petrlaszlo.cz/.
Operator of the e-shop:
Petr László, DiS., LL.M.
Zoubkova 2160, 470 01 Česká Lípa
Company ID: 87133032
VAT ID: CZ9005112446
Phone: +420 487 953 361
E-mail: petr@laszlo3d.cz
All information regarding the processing of your personal data is contained in the Privacy Policy, which can be found here.
The provisions of these Terms form an integral part of the Contract. The Contract and Terms are drafted in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This does not affect rights and obligations arising during the validity of the previous version of the Terms.
As you know, our communication takes place primarily remotely. Therefore, the means of remote communication are used for our Contract, allowing us to agree without the simultaneous physical presence of both parties. The Contract is thus concluded remotely in the e-shop environment through the website interface ("e-shop web interface").
If any part of the Terms contradicts what we agreed upon during your purchase process in our e-shop, the specific agreement will take precedence over the Terms.
1. Price is the monetary amount you will pay for the Goods.
2. Shipping Price is the monetary amount you will pay for the delivery of the Goods, including packaging costs.
3. Total Price is the sum of the Price and the Shipping Price.
4. VAT is the value-added tax under applicable legal regulations.
5. Invoice is a tax document issued in accordance with the VAT Act for the Total Price.
6. Order is your irrevocable proposal to conclude a Contract for the purchase of Goods with us.
7. User Account is an account created based on your provided information, allowing for storing submitted data and the history of ordered Goods and concluded Contracts.
8. You are the person purchasing from our e-shop, referred to by law as the buyer.
9. Goods include all items available for purchase on the e-shop.
10. Made-to-Order Goods are products custom-made and may require minor adjustments based on real-life application before assembly. Adjustments may include shape or surface modifications. Due to the nature of the goods, the legal 14-day return period does not apply to these products.
Language Version
In case of any ambiguities or discrepancies between different language versions of these General Terms and Conditions, the Czech version shall prevail.
II. GENERAL PROVISIONS AND INFORMATION
1. Goods can only be purchased through the e-shop web interface.
2. When purchasing Goods, you are obliged to provide us with all information accurately and truthfully. We will consider the information you provide when ordering Goods to be correct and truthful.
III. CONCLUSION OF THE CONTRACT
1. The Contract is concluded remotely through the e-shop, with you covering the costs of using remote communication means. These costs do not differ from the standard rate you pay for internet access or similar services; no additional costs are charged by us beyond the Total Price. By submitting the Order, you agree to the use of remote communication means.
2. To conclude the Contract, you must create an Order proposal on the e-shop. This proposal must include the following details:
a) Information about the Goods being purchased (you select the Goods by clicking the "Add to Cart" button on the e-shop);
b) Information about the Price, Shipping Price, payment method for the Total Price, and the desired delivery method for the Goods; these details will be specified during the creation of the Order proposal within the e-shop user interface. The information about the Price, Shipping Price, and Total Price will be provided automatically based on your chosen Goods and delivery method;
c) Your identification and contact details to enable the delivery of Goods, including your name, surname, delivery address, phone number, and email address;
d) In the case of a Contract where we will deliver Goods to you regularly and repeatedly, information on the duration of such deliveries.
3. You can modify and review the data until the Order is finalized. After reviewing the data, you will create the Order by pressing the "Order with Payment Obligation" button. Before pressing this button, you must confirm that you have read and agree to these Terms; otherwise, the Order cannot be created. The confirmation and agreement are made by ticking a checkbox. After pressing the "Order with Payment Obligation" button, all entered information is sent directly to us..
4. We will confirm your Order as soon as possible after it is delivered to us, by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms. The Contract between us and you is concluded upon our confirmation of the Order. The Terms effective on the date of the Order form an integral part of the Contract.
5. There may be cases where we cannot confirm your Order. This applies particularly to situations where the Goods are unavailable or if you order more units of Goods than we allow. Information about the maximum quantity of Goods will always be provided within the e-shop and should not come as a surprise to you. If we cannot confirm your Order for any reason, we will contact you and send an offer to conclude the Contract in a modified form. The Contract is concluded when you accept our offer.
6. If the e-shop or the Order proposal contains an apparent error in the Price, we are not obliged to deliver the Goods to you at this Price, even if you received an Order confirmation and the Contract was concluded. In such a case, we will contact you immediately and send you a new offer to conclude a modified Contract. The new Contract is concluded when you accept our offer. If you do not accept our offer within three days of its submission, we are entitled to withdraw from the concluded Contract. An apparent error in the Price includes, for example, a situation where the Price does not match the usual price at other sellers or is missing or contains an extra digit.
7. When the Contract is concluded, you are obliged to pay the Total Price.
8. If you have a User Account, you can place an Order through it. Even in such a case, you must check the accuracy, truthfulness, and completeness of the pre-filled data. The process of creating an Order is the same as for a buyer without a User Account, but the advantage is that you do not need to repeatedly fill in your identification details.
9. In some cases, we may allow discounts to be applied to the purchase of Goods. To receive a discount, you must fill in the relevant discount details in the designated field of the Order proposal. If you do so, the Goods will be provided to you at the discounted price.
IV. USER ACCOUNT
1. Based on your registration within the e-shop, you can access your User Account.
2. During the registration of the User Account, you are obliged to provide all required data accurately and truthfully and update it in case of any changes.
3. During the registration of the User Account, you are obliged to provide all required data accurately and truthfully and update it in case of any changes.
4. During the registration of the User Account, you are obliged to provide all required data accurately and truthfully and update it in case of any changes.
5. We may cancel your User Account, especially if you have not used it for more than one year or if you breach your obligations under the Contract.
6. The User Account may not be available continuously, particularly with regard to necessary hardware and software maintenance.
V. PRICE AND PAYMENT CONDITIONS, RETENTION OF TITLE
1. The Price is always stated in the e-shop, in the Order proposal, and, of course, in the Contract. In case of a discrepancy between the Price stated for the Goods in the e-shop and the Price stated in the Order proposal, the Price in the Order proposal applies, which will always match the Price in the Contract. The Order proposal also includes the Shipping Price and, if applicable, the conditions under which free shipping is provided.
2. The Total Price is stated inclusive of VAT and all statutory fees.
3. We require payment of the Total Price after the conclusion of the Contract and before the delivery of the Goods. You can pay the Total Price using the methods listed on the "Shipping and Payment" page.
4. An invoice will be issued electronically and sent to your email address. By creating an Order, you express your consent to the use of electronic tax documents. You may decide whether to print the document or keep it only in electronic form in your personal account.
5. Ownership of the Goods passes to you only after you have paid the Total Price and taken delivery of the Goods. In the case of bank transfer payment, the Total Price is considered paid when credited to our account; in other cases, payment is deemed completed at the time of execution.
VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE
1. The Goods will be delivered to you using the methods listed on the "Shipping and Payment" page..
2. The Goods can be delivered within the countries listed on the "Shipping and Payment" page.
3. The delivery time for the Goods always depends on their availability and the chosen delivery and payment method. The expected delivery time will be communicated to you in the Order confirmation. The time stated in the e-shop is only indicative and may differ from the actual delivery time. In the case of personal collection, we will inform you via email when the Goods are ready for pick-up.
4. Upon taking delivery of the Goods from the carrier, you are obliged to check the integrity of the Goods' packaging and immediately report any defects to the carrier and us. If the packaging is damaged, indicating unauthorized tampering, you are not obliged to accept the Goods from the carrier.
5. If you fail to accept the Goods, except in cases under Section VI.4, it does not result in a breach of our obligation to deliver the Goods. However, it does not constitute withdrawal from the Contract. In such a case, we have the right to withdraw from the Contract due to your material breach. Withdrawal becomes effective on the day it is delivered to you. Withdrawal from the Contract does not affect our claim for reimbursement of shipping costs or damages incurred.
6. If the Goods are to be redelivered or delivered in a manner other than agreed upon in the Contract due to reasons on your side, you are obliged to reimburse us for the associated costs. Payment details for these costs will be sent to your email address provided in the Contract and are payable within 14 days of delivery.
7. The risk of damage to the Goods passes to you at the moment you take delivery. If you fail to take delivery, except in cases under Section VI.4, the risk of damage to the Goods passes to you at the moment you had the opportunity to take delivery but did not do so due to reasons on your side. The transfer of the risk of damage means that from this moment, you bear all consequences related to loss, destruction, damage, or any devaluation of the Goods.
8. If the Goods were not stated as "in stock" in the e-shop and an indicative availability time was given, we will always inform you in the following cases:
a) extraordinary production outages, in which case we will inform you of the new expected availability time or that it will not be possible to deliver the Goods;
b) delays in delivery from our supplier, in which case we will inform you of the new expected delivery time.
9. If we are unable to deliver the Goods even within 30 days after the stated delivery time in the Order confirmation, both we and you are entitled to withdraw from the Contract.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
1. We guarantee that at the time the risk of damage to the Goods passes to you according to Section VI.7 of the Terms, the Goods are free of defects, particularly that:
a) the Goods have the properties we agreed upon, and if no agreement was made, the properties described in the e-shop or the usual properties expected for such Goods;
b) the Goods are suitable for the purposes stated in the e-shop or for the usual purposes of such Goods;
c) the Goods correspond to the quality or design of an agreed-upon sample, if quality or design was determined based on a sample;
d) the Goods are in the appropriate quantity, size, or weight;
e) the Goods comply with the requirements of legal regulations;
f) the Goods are free from third-party rights..
2. The rights and obligations concerning defective performance are governed by applicable legal regulations (particularly Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
3. If the Goods have a defect, particularly if they do not meet the conditions under Section VII.1, you may notify us of the defect and exercise your rights arising from defective performance (i.e., make a complaint) by sending an email or letter to our contact addresses listed under our identification details. You may also use a complaint form for this purpose. When exercising the right to defective performance, you must specify how you wish the defect to be resolved, and you cannot subsequently change this choice without our consent, except as per Section 7.4. We will handle the complaint in accordance with the chosen right arising from defective performance. If you do not specify how you wish the defect to be resolved, you have the rights outlined in Section 7.5, even in cases where defective performance constitutes a material breach of the Contract.
4. If defective performance constitutes a material breach of the Contract, you have the following rights:
a) to have the defect remedied by delivery of new Goods free of defects, or by delivery of missing parts of the Goods;
b) to have the defect remedied by repairing the Goods;
c) to receive a reasonable discount from the Price;
d) to withdraw from the Contract.
If you choose options a) or b) and we fail to remedy the defect within a reasonable time, or if we notify you that we cannot remedy the defect in this manner, you have the rights under options c) and d), even if you did not originally request them. Furthermore, if you choose to have the defect remedied by repair and we determine that the defect is irreparable, we will inform you and allow you to choose another method to address the defect.
5. If defective performance constitutes a minor breach of the Contract, you have the following rights:
a) to have the defect remedied by delivery of new Goods free of defects, or by delivery of missing parts of the Goods;
b) to have the defect remedied by repairing the Goods;
c) to receive a reasonable discount from the Price.
If we fail to remedy the defect in a timely manner or refuse to do so, you are entitled to withdraw from the Contract. You may also withdraw from the Contract if the Goods cannot be properly used due to recurring defects after repair or due to a higher number of defects.
6. In cases of both material and minor breaches, you cannot withdraw from the Contract or demand the delivery of new Goods if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:
a) if the condition of the Goods has changed as a result of an inspection to determine the presence of a defect;
b) if the Goods were used before the defect was discovered;
c) if the inability to return the Goods in their original condition was not caused by your actions or negligence;
d) if the Goods were sold, consumed, or altered during normal use before the defect was discovered; in such cases, you are required to return only the remaining part of the Goods, and we will not refund the portion of the Price corresponding to the benefit derived from using the Goods.
7. Within three days of receiving your complaint, we will confirm via email that we have received it, when it was received, and the expected time for resolution. Complaints will be handled without undue delay, but no later than 30 days after receipt. This period may be extended by mutual agreement. If the period lapses without resolution, you may withdraw from the Contract.
8. We will inform you of the complaint resolution via email. If the complaint is justified, you are entitled to reimbursement of reasonable costs incurred. You must provide evidence of these costs, such as receipts or confirmations of transportation costs. If the defect is remedied by the delivery of new Goods, you are obliged to return the original Goods to us, but we will bear the cost of this return.
9. If you are an entrepreneur, you are obliged to notify us of and claim a defect without undue delay after you could have discovered it, but no later than three days after taking delivery of the Goods.
10. If you are a consumer, you have the right to claim defects in the Goods that appear within 24 months of taking delivery.
11. The provisions regarding the right to claim defects do not apply in the following cases:
a) for Goods sold at a lower Price due to a defect for which the lower Price was agreed upon;
b) for wear and tear of the Goods caused by their normal use;
c) for used Goods corresponding to the degree of use or wear they had upon acceptance by you;
d) where it follows from the nature of the Goods.
VIII. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Contract, i.e., termination of the contractual relationship between us and you from its inception, may occur for reasons and in ways specified in this article or other provisions of the Terms where withdrawal is explicitly stated.
2. If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have the right, in accordance with Section 1829 of the Civil Code, to withdraw from the Contract without giving any reason within 14 days of receiving the Goods. If the Contract involves multiple types of Goods or delivery of several parts, this period begins on the day of delivery of the last part of the Goods. If the Contract is for regular and repeated delivery of Goods, the period begins on the day of delivery of the first Goods. You can withdraw from the Contract in any demonstrable way (especially by sending an email or letter to our addresses provided in our identification details). You may also use the form for returning or exchanging Goods.
3. Even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:
a) Goods whose Price depends on fluctuations in the financial market beyond our control and which may occur during the withdrawal period;
b) delivery of alcoholic beverages, which can be delivered only after 30 days and whose Price depends on fluctuations in the financial market beyond our control;v
c) Goods that have been customized according to your wishes or for your person;
d) Goods made to order;
e) Goods that are perishable or have been irreversibly mixed with other items after delivery;
f) Goods in a sealed package that were removed from the package and cannot be returned for hygienic reasons;
g) delivery of audio or video recordings or computer programs if their original packaging has been damaged;
h) delivery of newspapers, periodicals, or magazines;
i) delivery of digital content, if it was not supplied on a tangible medium and was delivered with your prior explicit consent before the withdrawal period expired, and we informed you that you have no right to withdraw from the Contract.
4. The withdrawal period under Section VIII.2 of the Terms is deemed to have been observed if you send us a notification that you are withdrawing from the Contract during this period.
5. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days of the effective date of withdrawal to the account from which it was received, or to an account you specify in the withdrawal notice. The amount will not be refunded before we receive the Goods back or before you prove that the Goods have been sent back to us. Please return the Goods to us clean and, if possible, in the original packaging.
6. If you withdraw from the Contract under Section VIII.2 of the Terms, you are obliged to send the Goods back to us within 14 days of withdrawal, bearing the costs of returning the Goods to us. Conversely, you are entitled to a refund of the Shipping Price, but only up to the amount corresponding to the cheapest delivery method offered by us. If you withdraw from the Contract due to our breach, we will also reimburse the costs of returning the Goods to us, again up to the amount corresponding to the cheapest delivery method offered by us.
7. You are liable for damage caused if the Goods are handled in a manner other than necessary to ascertain their nature, characteristics, and functionality. We will charge you for the damage caused after the Goods are returned to us, and the amount will be due 14 days after invoicing. If the Price has not yet been refunded to you, we are entitled to offset our claim for damages against your claim for a refund of the Price.
8. We are entitled to withdraw from the Contract at any time before delivering the Goods if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or reasons related to the nature of the Goods), even before the expiry of the period stated in Section VI.9 of the Terms. We may also withdraw from the Contract if it is apparent that you provided intentionally incorrect information in the Order. If you are purchasing Goods as part of your business activity, we are entitled to withdraw from the Contract at any time without giving any reason.
9. Obligation to cover costs for failure to collect cash-on-delivery parcels – Failing to collect a cash-on-delivery parcel constitutes a breach of the purchase agreement under Section 2118 of the Civil Code, as the order creates a contractual relationship between the seller and the buyer. Failure to collect the parcel is not a withdrawal from the Contract! The buyer is thus responsible for damages caused to the seller. The buyer is obliged to reimburse the seller for all costs incurred in sending the parcel, including a fee for issuing a written demand for payment of damages in the amount of 150 CZK.
10. In the event of withdrawal from the purchase agreement within the 14-day period, you may be responsible for costs incurred by us due to wear and tear of the Goods.
IX. ŘEŠENÍ SPORŮ SE SPOTŘEBITELI
1. We are not bound by any codes of conduct towards buyers in the sense of Section 1826, Paragraph 1(e) of the Civil Code.
2. Complaints by consumers are handled via the contact form. Information about complaint resolution will be sent to the buyer's email address.
3. The Czech Trade Inspection Authority, headquartered at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz, is responsible for out-of-court resolution of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer who is a consumer, arising from a purchase contract concluded electronically.
4. The European Consumer Centre Czech Republic, headquartered at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes.
X. FINAL PROVISIONS
1. If our and your legal relationship involves an international element (e.g., we will deliver Goods outside the Czech Republic), the relationship will always be governed by the laws of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights arising from legal regulations.
2. All written correspondence between us and you will be delivered via email. Our email address is provided in our identification details. We will deliver correspondence to your email address specified in the Contract, User Account, or from which you contacted us.
3. The Contract can only be amended based on our mutual written agreement. However, we are entitled to change or supplement these Terms, and such changes will only affect Contracts concluded after their effective date. We will notify you of any changes only if you have created a User Account (so you are informed if you order new Goods) or if we are delivering Goods to you regularly and repeatedly based on the Contract. We will send information about the change to your email address at least 14 days before the change takes effect. If we do not receive a termination notice for an existing Contract for regular and repeated delivery of Goods within 14 days of sending the notice of change, the new terms become part of our Contract and apply to the next delivery of Goods after the effective date of the change. The termination period, if you give notice, is two months.
4. In the event of force majeure or events that cannot be foreseen (natural disasters, pandemics, operational failures, supplier outages, etc.), we are not liable for damages caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, both we and you are entitled to withdraw from the Contract.
5. The Contract, including the Terms, is archived electronically by us but is not accessible to you. However, these Terms and the Order confirmation containing the Contract summary will always be sent to you by email, so you will always have access to the Contract without our cooperation. We recommend saving the Order confirmation and the Terms.
6. These Terms take effect on 28 January 2024.