GENERAL TERMS AND CONDITIONS

These General Terms and Conditions ("Terms") of 3DHOME3D s.r.o., registered office at Rynoltice 234, 46353, Czech Republic, Company ID: 23124920, e-mail: 3dhome3d@seznam.cz, phone number: +420601337288 (hereinafter referred to as "We" or the "Seller"), govern in accordance with Section 1751 (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 from or in connection with a purchase agreement ("Agreement") concluded via the online store on the website https://www.3dhome3d.cz.

The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drafted in the Czech language. We reserve the right to unilaterally change or amend these Terms. This shall not affect any rights and obligations that arose during the validity of the previous version of the Terms.

As you surely know, we primarily communicate remotely. Therefore, this Agreement is also concluded using means of remote communication, which allow us to agree without our physical presence. The Agreement is thus concluded in a distance manner through the interface of the website www.3dhome3d.cz.

If any part of these Terms contradicts what we have individually agreed upon during your purchase process on our e-shop, such individual agreement shall take precedence over these Terms.

SOME DEFINITIONS

• Price is the amount of money you will pay for the Goods;

• Shipping Price is the amount of money you will pay for the delivery of the Goods, including packaging;

• Total Price is the sum of the Price and the Shipping Price;

• VAT is the value-added tax according to applicable laws;

• Invoice is the tax document issued in accordance with the VAT Act for the Total Price;

• Order is your binding offer to conclude a Purchase Agreement with Us for the Goods;

• User Account is an account created based on the information you provide, which allows storage of entered data and the history of ordered Goods and concluded Agreements;

• You are the person purchasing on our E-shop, referred to by law as the buyer;

• Goods refers to all items available for purchase in the E-shop.

GENERAL PROVISIONS AND INFORMATION

• Goods can only be purchased through the online interface of the E-shop.

• When purchasing Goods, you are obliged to provide us with all information truthfully and correctly. The information you provide in the Order will be considered accurate and truthful.

• Our E-shop also provides access to reviews of Goods submitted by other consumers. We ensure and verify the authenticity of such reviews by linking them to specific orders. In our internal system, each review is associated with an order ID, allowing us to verify and prove that the review was submitted by a real consumer.

CONCLUSION OF THE AGREEMENT

• The Agreement can only be concluded in the Czech language.

• The Agreement is concluded remotely via the e-shop, and you bear the costs associated with using remote means of communication. These costs do not differ from the standard rates you pay for using these means (particularly internet access), and we do not charge any additional fees beyond the Total Price. By submitting the Order, you agree to our use of remote communication methods.

• In order to conclude the Agreement, you must create an Order via the e-shop. The Order must include the following details:

  • Information about the Goods you wish to purchase (selected by clicking the "Add to Cart" button on the e-shop);

  • Information about the Price, Shipping Price, method of payment of the Total Price, and the desired delivery method. These will be entered during the Order creation process within the user interface of the e-shop. The Price, Shipping Price, and Total Price are automatically generated based on your selection of Goods, delivery method, and payment method;

  • Your identification and contact information required for the delivery of Goods, including your name, surname, delivery address, phone number, and e-mail address.

• During the Order creation process, you can review and edit the data until the Order is completed. Once you click the "Order with obligation to pay" button, the Order is finalized. Before doing so, you must confirm that you have read and agree to these Terms by ticking the checkbox. Otherwise, the Order cannot be submitted. After clicking the button, all the information you entered will be sent directly to Us.

• We will confirm your Order as soon as possible by sending a confirmation to your e-mail address provided in the Order. This confirmation will include a summary of your Order and a copy of these Terms as an attachment. The version of the Terms effective at the time of your Order — that is, the version attached to the confirmation e-mail — forms an integral part of the Agreement. The Agreement is concluded at the moment the Order is confirmed.

• There may be cases where we are unable to confirm your Order. This includes situations such as when the Goods are unavailable or when you attempt to order more units than permitted. The maximum quantity of Goods will be indicated in the e-shop in advance and should not come as a surprise. If we cannot confirm the Order, we will contact you and send an updated offer to conclude the Agreement. The Agreement is then concluded once you accept our updated offer.

• If the Price listed on the e-shop or in your Order is clearly incorrect, we are not obligated to supply the Goods at that price, even if you received an Order confirmation and the Agreement has been concluded. In such a case, we will contact you without delay and provide a new offer with the corrected Price. The new Agreement is concluded once you accept our offer. A clearly incorrect Price may include an obvious deviation from common prices offered by other sellers or typographical errors (e.g., missing or extra digits).

• Once the Agreement is concluded, you are obligated to pay the Total Price.

• If you have a User Account, you may place an Order through it. In such a case, you are still responsible for checking the accuracy, truthfulness, and completeness of your pre-filled details. The Order creation process is the same as for buyers without a User Account, except that you don’t need to re-enter your identification data.

• We may offer discounts for the purchase of Goods. To receive a discount, you must enter the discount information in the designated field during the Order creation. If entered correctly, the discount will be applied to your purchase.

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USER ACCOUNT

• By registering on the e-shop, you can access your User Account.

• You must enter all required information accurately and truthfully during registration and update it as needed.

• Access to your User Account is secured with a username and password. You are responsible for maintaining confidentiality and must not disclose these credentials to anyone. We bear no responsibility for any misuse.

• The User Account is personal and may not be shared with third parties.

• We may delete your User Account, especially if it remains inactive for more than two years or if you breach your obligations under the Agreement.

• Access to the User Account may not be available at all times, especially due to necessary maintenance of hardware and software.

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• PRICING AND PAYMENT TERMS, RETENTION OF TITLE

• The Price is always displayed on the e-shop, in the Order proposal, and, naturally, in the Agreement. In case of discrepancies between the Price displayed with the Goods on the e-shop and the Price stated in the Order proposal, the Price from the Order proposal prevails, which will always match the Price stated in the Agreement. The Shipping Price is also specified in the Order proposal, including any conditions under which shipping is free of charge.

• The Total Price is shown inclusive of VAT and all other statutory charges.

• We will request payment of the Total Price after the Agreement has been concluded and before the Goods are handed over. You may pay the Total Price using the following methods:

  • Bank transfer. Payment instructions will be provided in the Order confirmation. When paying via bank transfer, the Total Price is due within 14 days.

  • Cash on delivery. In this case, payment is made upon delivery of the Goods. The Total Price is due upon receipt of the Goods.

  • In cash at personal pickup. Payment in cash is possible when collecting the Goods at our business premises. In this case, the Total Price is due upon collection.

• The invoice will be issued electronically after payment of the Total Price and sent to your e-mail address. A physical copy of the invoice will also be included with the Goods and made available in your User Account.

• Ownership of the Goods transfers to you only after the Total Price has been paid and the Goods received. In case of a bank transfer, payment is considered complete once the amount is credited to our account. In other cases, it is complete at the moment the payment is made.

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• DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE

• The Goods will be delivered to you no later than 30 days after the Agreement is concluded, using the delivery method of your choice. The following options are available:

  • Personal pickup at our premises;

  • Personal pickup at Zásilkovna pickup points;

  • Delivery by Zásilkovna shipping service.

• Delivery time depends on product availability and your chosen delivery and payment method. The estimated delivery time will be stated in the Order confirmation. The time mentioned in these Terms is only indicative and may vary. For personal pickup, we will notify you via e-mail when your Goods are ready for collection.

• Upon receiving the Goods from the carrier, you must check the integrity of the packaging. If any damage is found, immediately report it to the carrier and to Us. If the packaging shows signs of unauthorized tampering or access, you are not obligated to accept the Goods.

• If you fail to accept the Goods, except in cases under clause 6.4 of these Terms, it does not constitute a breach of Our delivery obligation. Your refusal to accept the Goods is not considered a withdrawal from the Agreement. However, in such a case, we reserve the right to withdraw from the Agreement due to your material breach, or store the Goods, for which you will be charged a fee of CZK 1,000. If we choose to withdraw, the withdrawal is effective upon delivery of the notice to you. Such withdrawal does not affect our right to claim shipping costs or compensation for any damages incurred.

• If, for reasons on your side, the Goods must be delivered repeatedly or by a different method than agreed, you are responsible for covering the costs of such repeated or altered delivery. Payment instructions for these costs will be sent to your e-mail address provided in the Agreement and will be due 14 days from the delivery of the e-mail.

• The risk of damage to the Goods passes to you upon receipt. If you do not accept the Goods, except in the cases under clause 6.4, the risk passes to you at the moment you had the opportunity to accept the Goods but did not due to reasons on your part. From that point, you bear all consequences related to the loss, destruction, damage, or devaluation of the Goods.

• If the Goods were not listed as in stock on the e-shop and only an estimated availability period was stated, we will inform you in the event of:

  • Unexpected production outage, in which case we will provide a new estimated availability period or notify you that delivery is not possible;

  • Delays in delivery from our supplier, in which case we will notify you of the updated delivery timeframe.

• RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

• We guarantee that at the time the risk of damage passes to you in accordance with clause 6.7, the Goods are free from defects, particularly that the Goods:

  • Match the agreed description, type, quantity, quality, functionality, compatibility, interoperability, and other agreed characteristics;

  • Are suitable for the purpose you require and that we agreed to;

  • Are delivered with agreed accessories and instructions, including assembly or installation manuals;

  • Are suitable for the usual purposes for which such Goods are typically used;

  • Match the expected quantity, quality, and other properties (including durability, functionality, compatibility, and safety), based on what can reasonably be expected of Goods of the same kind and considering any public representations made by us or other parties in the contractual chain (e.g., advertising or labeling);

  • Are delivered with accessories, including packaging, assembly instructions, and user guides that can reasonably be expected;

  • Match the quality or workmanship of a sample or model made available to you before the Agreement was concluded.

• Rights and obligations concerning defective performance are governed by applicable mandatory legal provisions (especially Sections 2099–2117 and Sections 2161–2174b of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

• If the Goods are defective—i.e., if any of the conditions in clause 7.1 are not fulfilled—you may notify Us and assert your rights from defective performance (submit a complaint) by sending an e-mail or letter to the contact addresses listed in Our company information, or in person at Rynoltice 234, 46353. You may also use the sample complaint form provided as Annex No. 1 to these Terms. When making a claim, you must specify how you want the defect to be resolved; this choice cannot be changed later without our consent. We will handle the complaint in accordance with the right you exercised under the defective performance claim.

• If the Goods are defective, you have the following rights:

• To have the defect remedied by delivery of new Goods without defects or delivery of the missing parts; or

• To have the defect remedied by repairing the Goods,

• unless the selected method of remedy is impossible or unreasonably expensive compared to the other option. This will be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be remedied by the other method without significant inconvenience to you.

• We are entitled to refuse to remedy the defect if it is impossible or unreasonably expensive, especially in view of the importance of the defect and the value the Goods would have without the defect.

• You also have the right to:

• A reasonable discount on the Price; or

• Withdrawal from the Contract,

• if:

• We refuse to remedy the defect or fail to remedy it in accordance with legal regulations;

• The defect appears repeatedly;

• The defect is a material breach of the Contract; or

• It is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.

• You are not entitled to withdraw from the Contract if the defect in the Goods is insignificant.

• If you caused the defect yourself, you are not entitled to rights arising from defective performance.

• Normal wear and tear caused by usual use or wear consistent with prior use in case of used Goods is not considered a defect.

• When making a complaint, we will issue a written confirmation stating:

• The date you submitted the complaint;

• The subject of the complaint;

• Your requested method of resolving the complaint;

• Your contact details for notification of complaint resolution.

• Unless we agree on a longer period, we will resolve the complaint and inform you of the outcome within 30 days of receiving the complaint. If this period expires without resolution, you may withdraw from the Contract or request a reasonable discount.

• We will inform you about the complaint resolution via email and issue a confirmation of the date and method of resolution. If the complaint is justified, you are entitled to reimbursement of reasonable expenses. You must provide evidence of such costs (e.g., receipts, confirmation of shipping costs). If the defect is remedied by replacing the Goods, you are required to return the original Goods to us; we will cover the cost of the return.

• If you are a business customer, you must notify us of the defect without undue delay, at the latest within three days of receiving the Goods.

• If you are a consumer, you have the right to claim a defect that occurs in consumer Goods within 24 months of receiving the Goods.

• Withdrawal from the Contract

• Withdrawal from the Contract means termination of the contractual relationship between Us and You from the beginning and may occur for reasons and in the manner specified in this section or in other provisions of the Terms where withdrawal is expressly mentioned.

• If you are a consumer, i.e., a person purchasing Goods outside their business activity, you have the right under Section 1829 of the Civil Code to withdraw from the Contract without giving any reason within 14 days from the conclusion of the Contract, or in the case of purchase of Goods, within 14 days from receiving them. If the Contract involves several pieces or parts of Goods, the period begins upon receipt of the last piece or part. If the Contract involves regular or repeated delivery of Goods, the period starts from the delivery of the first shipment.

• You can withdraw from the Contract by any provable method (in particular, by email or letter sent to Our address as listed in Our contact details). You can also use the model withdrawal form provided in Annex 2 of the Terms.

• However, as a consumer, you cannot withdraw from the Contract in cases listed in Section 1837 of the Civil Code.

• The withdrawal period is deemed preserved if you send the withdrawal notice before the 14-day period expires.

• In case of withdrawal under Article 8.2 of the Terms, you must send the Goods back within 14 days and bear the cost of returning the Goods. You are entitled to a refund of the shipping cost, but only up to the amount corresponding to the cheapest shipping option we offered. If you withdraw because We breached the Contract, we also cover the return shipping cost up to the amount of the cheapest delivery method we offered.

• The Price will be refunded to you within 14 days of the effective date of withdrawal to the account from which it was paid or another account specified in the withdrawal notice. The refund will not be made until we receive the returned Goods or you prove that you have sent them back. Please return the Goods clean and preferably in the original packaging.

• If you withdraw from the Contract under Article 8.2, you are liable for any decrease in the value of the Goods resulting from handling them beyond what is necessary to become familiar with their nature, characteristics, and functioning—i.e., as you would in a physical store. If we have not yet refunded the Price, we are entitled to offset our claim for compensation against your refund.

• We are entitled to withdraw from the Contract at any time before we deliver the Goods if there are objective reasons making delivery impossible (e.g., due to third parties or the nature of the Goods), even before the delivery period stated in Article 6.1. We may also withdraw if it is clear you deliberately provided incorrect information. If you are purchasing within your business activities, we may withdraw at any time without stating a reason.

• Dispute Resolution with Consumers

• We are not bound by any codes of conduct towards the Buyer in the sense of Section 1826(1)(e) of the Civil Code.

• We handle consumer complaints via email at: 3dhome3d@seznam.cz
  We will send responses regarding complaint resolution to the buyer's email.

• For out-of-court consumer dispute resolution from the Contract, the Czech Trade Inspection Authority (Česká obchodní inspekce), located at Štěpánská 796/44, 110 00 Prague 1, ID: 000 20 869, website: https://www.coi.cz, is competent.
  The Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr can also be used for resolving disputes between sellers and buyers under contracts concluded electronically.

• The European Consumer Centre Czech Republic, located at Štěpánská 796/44, 110 00 Prague 1, https://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes.

• Final Provisions

• If our legal relationship involves an international element (e.g., we ship goods outside the Czech Republic), the relationship will always be governed by Czech law. However, if you are a consumer, this does not affect your rights under applicable consumer protection laws.

• All written communication will be conducted via email. Our email address is listed in our contact details. We will send correspondence to your email address provided in the Contract, User Account, or used to contact us.

• In the event of force majeure (natural disasters, pandemics, operational disruptions, supplier failures, etc.), we are not liable for damage arising from or related to such events. If force majeure lasts for more than 10 days, both we and you have the right to withdraw from the Contract.

• Annexes to the Terms include:

• Annex 1 – Complaint Form

• Annex 2 – Withdrawal from Contract Form

• Annex 1 – Complaint Form

• Recipient:
  3DHOME3D s.r.o.
  Email: 3dhome3d@seznam.cz
  Rynoltice 234, 46353

• Complaint submission

• Date of Contract conclusion:
  Name and surname:
  Address:
  Email address:
  Goods subject to complaint:
  Description of defects:
  Preferred complaint resolution:

• I also request confirmation of complaint submission indicating when I exercised this right, what the complaint contains, and my requested resolution method, including my contact details for communication about the complaint resolution.

• Date:
  Signature:

• Annex 2 – Withdrawal from Contract Form

• Recipient:
  3DHOME3D s.r.o.
  Email: 3dhome3d@seznam.cz
  Rynoltice 234, 46353

• I hereby declare that I withdraw from the Contract:

• Date of Contract conclusion:
  Name and surname:
  Address:
  Email address:
  Specification of Goods concerned:

• Preferred refund method (incl. bank account number, if applicable):

• If the Buyer is a consumer and has ordered Goods through 3DHOME3D’s online store or another remote communication means, they have the right to withdraw from the contract within 14 days, except in cases listed in Section 1837 of the Civil Code.

• The Buyer must notify the Company in writing at the Company’s address or electronically via email indicated in the model form.

• The Buyer must return the Goods within 14 days of withdrawal.

• The Company must refund the Buyer all received payments, including delivery costs (limited to the cheapest offered method) within 14 days of withdrawal, but not before the Goods are received or the Buyer proves return shipment.

• Date:
  Signature:

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