These General Terms and Conditions ("Terms") of 3DHOME3D, with its registered office at Rynoltice 234, 46353, Company ID 08474338, email: 3dhome3d@seznam.cz, phone number +420601337288 ("We" or "Seller") govern the mutual rights and obligations of you, the buyers, and us, the sellers, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code") arising in connection with or based on the purchase agreement ("Agreement") concluded via the e-shop at the website https://www.3dhome3d.cz.
The provisions of these Terms are an integral part of the Agreement. The Agreement and Terms are drafted in the Czech language. We may unilaterally modify or supplement the Terms. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms.
As you surely know, we primarily communicate remotely. Therefore, our Agreement is concluded using remote communication methods, allowing us to agree without being physically present at the same time and place. The Agreement is thus concluded remotely via the e-shop environment on the website www.3dhome3d.cz.
If any part of the Terms contradicts what we mutually agreed upon during your purchasing process on Our e-shop, this specific agreement will take precedence over the Terms.
⦁ SOME DEFINITIONS
⦁ Price is the monetary amount you will pay for the Goods;
⦁ Shipping Price is the monetary amount you will pay for the delivery of the Goods, including the cost of packaging;
⦁ Total Price is the sum of the Price and the Shipping Price;
⦁ VAT is the value-added tax according to the applicable legal regulations;
⦁ Invoice is a tax document issued in accordance with the VAT law for the Total Price;
⦁ Order is your binding proposal to conclude an Agreement for the purchase of Goods with us;
⦁ User Account is an account created based on the information you provided, which allows for the storage of entered data and the history of ordered Goods and concluded Agreements;
⦁ You are the person purchasing on Our E-shop, legally referred to as the buyer;
⦁ Goods are everything that can be purchased on the E-shop.
⦁ General Provisions and Information
⦁ The purchase of Goods is only possible through the web interface of the E-shop.
⦁ When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully. The information you provided in the Order will thus be considered correct and truthful.
⦁ On our E-shop, we also provide access to product reviews by other consumers. We ensure the authenticity of these reviews by linking them to specific orders, so in our internal system, we can see the connected order ID for each review. This allows us to verify and prove that the review comes from a real consumer.
⦁ CONCLUSION OF THE AGREEMENT
⦁ The Agreement with us can only be concluded in the Czech language.
⦁ The Agreement is concluded remotely via the e-shop, and the costs of using remote communication tools are to be borne by you. However, these costs do not differ from the basic rate you pay for using these tools (primarily for internet access). Therefore, you should not expect any additional charges from us beyond the Total Price. By submitting the Order, you agree that we use remote communication methods.
⦁ In order to conclude the Agreement, you must create an Order on the e-shop. This proposal must include the following information:
⦁ Information about the Goods you wish to purchase (on the e-shop, you indicate the Goods you want to buy by clicking the "Add to Cart" button).
⦁ Information about the Price, Shipping Price, the method of payment for the Total Price, and the desired delivery method for the Goods. This information will be entered during the creation of the Order within the user interface of the e-shop. Information about the Price, Shipping Price, and Total Price will be automatically provided based on your chosen Goods, delivery method, and payment method.
⦁ Your identification and contact information necessary for the delivery of Goods, specifically your first name, last name, delivery address, phone number, and email address.
⦁ During the creation of the Order, you can modify and verify the details until you finalize the Order. Once you have reviewed the details, you can complete the Order by pressing the "Order with payment obligation" button. Before pressing the button, you must confirm that you have read and agree to these Terms; otherwise, the Order cannot be completed. A checkbox is provided for confirmation. Once you press the "Order with payment obligation" button, all the entered information will be sent to us.
⦁ We will confirm your Order as soon as possible after it is delivered to us, by sending a confirmation message to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the email. The Terms in effect at the time of the Order, i.e., the version attached to the confirmation email, are an integral part of the Agreement. The Agreement is concluded when we confirm the Order.
⦁ There may be situations where we cannot confirm your Order. This includes cases when the Goods are unavailable or when you order more units of the Goods than we can allow. However, we will always provide information about the maximum number of Goods on the e-shop in advance, so this should not come as a surprise to you. If there is any reason we cannot confirm your Order, we will contact you and send you an offer to conclude the Agreement in a modified form compared to your Order. The Agreement is concluded once you confirm our offer.
⦁ In the case that a clearly incorrect Price is listed on the e-shop or in the Order, we are not obligated to deliver the Goods at this Price, even if you have received an Order confirmation, and thus, the Agreement was concluded. In such a case, we will contact you immediately and send you an offer to conclude a new Agreement in a modified form compared to the original Order. The new Agreement is concluded when you confirm our offer. An obvious error in the Price is, for example, when the Price does not correspond to the usual price from other sellers or when there is a missing or extra digit.
⦁ Once the Agreement is concluded, you are obligated to pay the Total Price.
⦁ If you have created a User Account, you can place the Order through it. Even in this case, you must verify the accuracy, truthfulness, and completeness of the pre-filled information. However, the method of creating the Order is the same as for customers without a User Account. The advantage is that you do not need to repeatedly fill in your identification details.
⦁ In some cases, we may offer discounts for purchasing Goods. To receive a discount, you must enter the details of the discount in the designated field during the Order process. If you do so, the Goods will be provided to you with the discount.
⦁ User Account
⦁ Based on your registration on the e-shop, you can access your User Account.
⦁ When registering a User Account, you are obligated to provide all required details correctly and truthfully and to update them if they change.
⦁ Access to the User Account is secured by a username and password. It is your responsibility to keep these access details confidential and not to share them with others. We are not responsible for any misuse of your access details.
⦁ The User Account is personal, and you are not allowed to allow third parties to use it.
⦁ We may cancel your User Account, especially if it has not been used for more than two years or if you violate your obligations under the Agreement.
⦁ The User Account may not be available continuously, especially due to necessary maintenance of hardware and software.
⦁ PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP
⦁ The Price is always listed on the e-shop, in the Order proposal, and of course in the Agreement. In case of a discrepancy between the Price listed for the Goods on the e-shop and the Price listed in the Order proposal, the Price in the Order proposal applies, which will always be the same as the price in the Agreement. The Order proposal also lists the Shipping Price and the conditions for free shipping.
⦁ The Total Price includes VAT and all legally established fees.
⦁ We will request payment of the Total Price after the Agreement is concluded and before the Goods are handed over. You can pay the Total Price by the following methods:
⦁ Bank transfer: We will send payment details within the Order confirmation. The Total Price must be paid within 14 days of the bank transfer.
⦁ Cash on delivery: In this case, payment is made upon delivery of the Goods when they are handed over to you. The Total Price is payable upon receipt of the Goods.
⦁ Cash payment upon personal pickup: You can pay in cash when picking up the Goods at our premises. The Total Price is payable upon receipt of the Goods.
⦁ An invoice will be issued electronically after the Total Price is paid and will be sent to your email address. The invoice will also be physically attached to the Goods and available in the User Account.
⦁ The ownership of the Goods transfers to you only after you pay the Total Price and receive the Goods. In the case of bank transfer, the Total Price is considered paid when it is credited to our account, and in other cases, payment is considered made at the moment of the payment.
⦁ DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS
⦁ The Goods will be delivered to you no later than within 30 days, using the delivery method you choose. You can choose from the following options:
⦁ Personal pickup at our premises,
⦁ Personal pickup at the Zásilkovna collection points,
⦁ Delivery via DHL, PPL, DPD, Hermes transport companies.
⦁ The delivery time of the Goods depends on their availability and the selected method of delivery and payment. The expected delivery time will be provided in the Order confirmation. The time indicated in these Terms is only an estimate and may differ from the actual delivery time. In the case of personal pickup at our premises, we will inform you via email when the Goods are available for pickup.
You are obliged to take over the goods. If you do not accept the goods upon delivery, we have the right to withdraw from the contract and demand compensation for the costs incurred for the delivery and return of the goods, unless otherwise agreed.
If the goods are delivered repeatedly or in a manner other than agreed due to reasons on your side, you are obliged to reimburse the costs associated with such repeated delivery.
Upon acceptance of the goods from the carrier, you are obliged to check the integrity of the packaging and to immediately notify the carrier of any defects. If you find any damage to the packaging indicating unauthorized intrusion into the shipment, you are not obliged to accept the goods from the carrier.
You acquire ownership of the goods by paying the full purchase price, including delivery costs, but not before taking possession of the goods.
The risk of damage to the goods passes to you when you take possession of the goods. If you do not accept the goods, except in cases referred to in paragraph 3, the risk of damage to the goods passes to you at the moment when you had the opportunity to take possession of the goods but did not do so.
Your rights arising from defective performance are governed by the applicable generally binding legal regulations (especially the provisions of Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code, as amended). We are responsible for ensuring that the goods are free from defects upon delivery. In particular, we are responsible for ensuring that, at the time you took over the goods:
the goods have the characteristics that we have agreed upon, and if no such agreement exists, then such characteristics that we or the manufacturer described or that you could have expected with regard to the nature of the goods and based on the advertising carried out by them,
the goods are suitable for the purpose we state for their use or for which goods of this kind are usually used,
the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
the goods are in the appropriate quantity, measure, or weight, and
the goods comply with the requirements of legal regulations.
If the goods have a defect, you may demand its removal. You can choose whether to request the delivery of new goods without defects or the repair of the goods. If the removal of the defect in the way you have chosen is not possible or disproportionately costly for us compared to the other method, we will proceed with the removal of the defect in the way that is not disproportionately costly.
If the goods have a defect that constitutes a material breach of the contract, you have the right to:
have the defect removed by delivery of new goods without defects or by delivery of the missing goods,
have the defect removed by repair of the goods,
an appropriate discount on the purchase price, or
withdraw from the contract.
A material breach of the contract is such a breach that we already knew or should have known at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen the breach.
If you do not notify us of your right arising from a material breach of the contract in time, you have the same rights as in the case of a non-material breach of the contract.
If the defect of the goods is removable, you are entitled to have the defect removed free of charge, in a timely and proper manner. We are obliged to remove the defect without undue delay. Instead of removing the defect, you may demand the delivery of new goods without defects, if this is not disproportionate to the nature of the defect. If the defect concerns only a part of the goods, you may only demand the replacement of that part. If it is not possible to remove the defect or replace the goods, you may withdraw from the contract.
If the defect of the goods is irreparable or if the goods cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects, you have the right to the delivery of new goods or the replacement of a part, or you may withdraw from the contract.
You may exercise your rights arising from defective performance by contacting us at the email address or in writing at our address. When making a claim, you should describe the defect and indicate how you want the claim to be resolved.
We will inform you in writing about the progress of the claim and the method of its settlement. We will decide on the complaint immediately, in complex cases within 3 working days. We will handle the complaint, including the removal of the defect, without undue delay, at the latest within 30 days from the date of the claim.
If you withdraw from the contract, you must send or hand over the goods to us without undue delay, at the latest within 14 days from the withdrawal. You bear the direct costs of returning the goods. You are only liable for any reduction in the value of the goods resulting from handling the goods in a manner other than what is necessary to become familiar with the nature and characteristics of the goods.
You may withdraw from the contract in any demonstrable way (in particular, by sending an email or letter to our addresses listed in our contact information).
⦁ These Terms and Conditions become effective on January 1, 2024
Annex No. 1 – Complaint Form
Recipient: 3DHOME3D, 3dhome3d@seznam.cz
Rynoltice 234, 46353Filing a Complaint
Date of Contract Conclusion:
Full Name:
Address:
Email Address:
Goods Subject to Complaint:
Description of Defects:
Proposed Method of Complaint Resolution:I also request the issuance of a confirmation of the complaint, stating when I exercised this right, what the complaint entails, the desired method of complaint resolution, and including my contact details for the purpose of receiving information about the resolution of the complaint.
Date:
Signature:
Annex No. 2 – Contract Withdrawal Form
Recipient: 3DHOME3D, 3dhome3d@seznam.cz
Rynoltice 234, 46353
I hereby declare that I am withdrawing from the Contract:
Date of Contract Conclusion:
Full Name:
Address:
Email Address:
Specification of goods subject to the Contract:
Method for returning the received funds, including bank account number if applicable:
If the buyer is a consumer and ordered goods via the 3DHOME3D e-shop ("Company") or another means of distance communication, the buyer has the right to withdraw from the concluded purchase contract within 14 days of the contract conclusion, except for cases listed in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended. If the contract concerns the purchase of goods, the withdrawal period is 14 days from the receipt of the goods. In the case of a contract for several items or parts of goods, the period begins upon delivery of the last item or part, and in the case of regular and repeated deliveries, it starts from the first delivery.
The consumer must notify the Company of their withdrawal in writing to the Company’s business address or electronically via the email listed on the sample form.
If the consumer withdraws from the purchase contract, they must return the goods received from the Company without undue delay, no later than 14 days from the withdrawal.
If the consumer withdraws from the purchase contract, the Company will return all funds received from the consumer (purchase price of the delivered goods) including delivery costs without undue delay, and no later than 14 days from the withdrawal, in the same manner. If the consumer selected a delivery method other than the cheapest one offered by the Company, only the costs corresponding to the cheapest delivery method will be refunded. The Company is not obliged to return the funds before receiving the goods back or before the consumer proves they have sent the goods back.
Date:
Signature: