General Terms and Conditions

General Terms and Conditions

 

I.

Basic Provisions

1. These General Terms and Conditions (hereinafter also referred to only as the “General Terms”) are issued pursuant to Section 1751 and the following of act no. 89/2012 Sb., the Civil Code (hereinafter also referred to only as the “Civil Code”) of the Czech Republic.
   Robert Mrkva
   Company Reg. No.: 68022158
   Tax ID No.: CZ7610164309
   with its registered office: Josefovská 470, Dolní Bojanovice, 696 17
   registered with the Trade Licensing Office (OŽÚ) in Hodonín, ref. no.: OŽÚ/13451/06
   contact details:
   email: info@printakit.com
   web: www.printakit.com
   (hereinafter also referred to only as the “Seller”)

2. These General Terms regulate the mutual rights and obligations of the Seller and a Natural Person that enters into the purchase agreement outside their business activity as the end consumer (hereinafter also referred to only as the: “Buyer”) through the web interface located at www. (hereinafter also referred to only as the “E-shop”).

3. The provisions of the General Terms are inseparable part of the purchase agreement. Any variations in the purchase agreement take precedence over the provisions of these General Terms.

4. These General Terms and the purchase agreement are concluded in English.

 

II.

Information about Goods and Prices

1. The purpose of this E-shop is not physical delivery of the products offered. The products displayed in the E-shop are for illustrative purposes only, they are not of physical nature and therefore they cannot be physically delivered. The displayed products are delivered only in the form of electronic data for
   3D print. The electronic data of products (hereinafter also referred to only as the “Digital Content”) have a specific price.

2. The data are in the “gcode” format for direct print and the models of parts are in the “stl” format. Manual is included in the Digital Content. To print out the Digital Content, you must have a 3D printer or to have access to it.

3. Please note that the kit is not functional on its own after you print out the individual parts. It is necessary to buy some accessories (screws, nuts, round-wood, etc.) - everything is described in detail in the included manual.

4. Information about the products including their prices and the main properties are described for the individual items in the E-shop catalogue. The value added tax is included in the prices. The Digital Content prices remain valid for the period when they are displayed in the E-shop. Stipulating any individual conditions included in the purchase agreement is not prejudiced by this provision.

5. Any and all presentations of the Digital Content in the E-shop catalogue are of informative nature and the Seller is not obligated to enter into a purchase agreement regarding these particular goods.

6. The E-shop provides information about the costs related to the delivery of the Digital Content.

7. Any potential discounts from the purchase price of the Digital Content product cannot be combined with one another, unless the Seller and the Buyer agree otherwise.

 

III.

Order and Conclusion of Purchase Agreement

1. Any costs arising for the Buyer that are related to the use of means of distance communication in connection with concluding the purchasing agreement (costs related to the Internet connection, phone calls, etc.) are paid by the Buyer. These costs do not differ from the basic rate.

2. The Buyer can use the following methods to order Digital Content:

• using the Buyer’s customer account if registered in the E-shop,

• filling out the order form with no registration.

3. When making order, the Buyer chooses the Digital Content, method of payment, and delivery.

4. Before an order is sent by the Buyer, the data included in the order can be checked and changed. The Buyer sends the order to the Seller by clicking the “SEND ORDER” button. The data included in the order are considered correct by the Seller. The order is valid only if all mandatory data are filled out in the form and the Buyer confirms that they read carefully these General Terms.

5. The Seller will confirm to the Buyer without delay that the order has been received by sending a confirmation email to the email address the Buyer entered when making the order. This confirmation is automatic and cannot be construed as conclusion of agreement. The up-to-date General Terms of the Seller are enclosed to the confirmation. Purchase agreement is concluded only after the order is accepted by the Seller. Notification of accepting the order is sent to the Buyer’s email address.

6. In case the Seller is for any reasons unable to perform any of the requests specified in the order, the Seller will send a modified offer to the Buyer’s email address. The modified offer is considered a new purchase agreement proposal and the purchase agreement in such case is concluded upon the acceptance of the offer by the Buyer who confirms it by sending a confirmation email to the Seller’s email address specified in these General Terms.

7. All orders accepted by the Seller are binding. The Buyer can cancel their order until the Seller notifies the Buyer of accepting the order. The Buyer can cancel the order by sending an email to the Seller’s email address specified in these General Terms.

8. In case of the Seller’s apparent technical error when giving the price of the goods in the E-shop or in the process of negotiation, the Seller is not obligated to deliver the goods to the Buyer for this apparently wrong price even if the Buyer received automatic confirmation that the order under these General Terms was received. The Seller informs the Buyer about the error without undue delay and sends a corrected offer to the Buyer’s email address. The modified offer is considered a new purchase agreement proposal and the purchase agreement in such case is concluded upon the acceptance by the Buyer who confirms it by sending a confirmation email sent to the Seller’s email address.

 

IV.

Customer Account

1. Based on the registration of the Buyer in the E-shop the Buyer can access their customer account. Using their customer account, the Buyer can make orders of the Digital Content. The Buyer can also order Digital Content without registration.

2. All data provided by the Buyer when registering the customer account and ordering the Digital Content must be true and correct. The data in the customer account must be updated by the Buyer in case they change. The data given by the Buyer in the customer account and when ordering Digital Content are considered correct by the Seller.

3. Access to the customer account is secured with login and password. The Buyer is obligated to maintain confidentiality regarding the information necessary to access the Buyer’s customer account. The Seller bears no liability for any abuse of the customer account by third persons.

4. The Buyer is not entitled to enable any third persons to use the Buyer’s customer account.

5. The Seller can cancel the customer account, especially if the Buyer does not use their customer account for some time, or if the Buyer breaches their obligations arising from the purchase agreement or from these General Terms.

6. The Buyer notes that the customer account does not have to be accessible nonstop, especially with respect to necessary maintenance of the Seller’s hardware and software equipment, or with respect to any necessary maintenance of third persons’ hardware and software equipment.

 

V.

Payment Terms and Digital Content Delivery

1. The price for Digital Content and any potential costs related to the Digital Content delivery under the purchase agreement are paid by the Buyer using one of the following methods:

• cashless transfer to the Seller’s bank account no. 2201967524/2010
  (IBAN: CZ42 2010 0000 0022 0196 7524, SWIFT/BIC: FIOBCZPPXXX) opened with Fio banka, a.s., V Celnici 1028/10, Praha 1, Czech Republic

• cashless payment by credit card,

• cashless transfer to the Seller’s account using the payment gateway GoPay

2. Together with the purchase price the Buyer is obligated to pay to the Seller any costs related to the Digital Content delivery in the stipulated extent. Unless stipulated otherwise, the purchase price also includes the costs related to the delivery of the Digital Content.

3. In case of cashless payment the purchase price is due within 7 days from the day the purchase agreement is concluded.

4. In case the payment is made using the payment gateway, the Buyer proceeds as instructed by the respective provider of electronic payment services.

5. In case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled once the respective amount is credited to the Seller’s bank account.

6. The Seller does not request any advance or similar payment from the Buyer. Payment of the purchase price before the Digital Content is dispatched is not advance payment.

7. Pursuant to Electronic Registration of Sales Act, the Seller is obligated to issue a receipt for the Buyer. The Seller is also obligated to register the received payment online with the tax administrator, in case of any technical failure no later than 48 hours.

8. Digital Content is delivered to the Buyer:

• in electronic form, a link to download Digital Content including the password to access this content is sent to the Buyer’s email address.

9. The delivery method is specified when ordering the goods.

10. Expenses related to the delivery of the Digital Content are specified in the Buyer’s order and the Seller’s confirmation thereof. In case the delivery method is stipulated according to the Buyer’s special request, the Buyer bears the risk and also any potential additional expenses connected with the requested transport.

11. If the Seller is obligated under the purchase agreement to deliver the goods to a place specified by the Buyer in the order, the Buyer is obligated to take over the goods upon delivery. In case of any additional attempt to deliver the goods or to deliver it using a method different from the one specified in the order due to the reasons that can be ascribed to the Buyer, the Buyer is obligated to pay any and all costs related to the repeated attempt to deliver the goods or any costs related to the change in the delivery method.

12. If the Digital Content is delivered on a tangible carrier (e.g. a DVD), the Buyer is obligated to check if the packaging is intact when taking over the goods from the carrier, and in case any defects are ascertained, the carrier must be notified thereof without delay. In case the packaging is not intact, which may prove that an unauthorized person tried to open the consignment, the Buyer is not obligated to take over the consignment from the carrier.

13. The Seller will issue a tax document – invoice. The tax document is sent to the Buyer’s email address.

14. The Buyer acquires the ownership title to the Digital Content when the purchase price is paid in full including any costs related to its delivery, but no earlier than the email with the link to download the Digital Content is received.

15. Liability for an incidental destruction, damage to data integrity or unintentional erasure of electronic data of the product is transferred to the Buyer upon receiving the email with the link to download the Digital Content.

 

VI.

Withdrawal from Agreement

1. The Buyer who entered into the purchase agreement outside their business activity as the consumer (end customer) has the right to withdraw from the agreement.

2. The period for withdrawal from agreement is 14 days from the day the email with the link to download the Digital Content is received.

3. Agreements the Buyer cannot withdraw from include, but are not limited to, the following:

• agreements on delivery of goods or services the price of which depends on deviations of the financial market irrespective of the Seller’s will and which may occur during the period for withdrawal from such agreement,

• agreements on delivery of goods that was modified according to the Buyer’s request or for the Buyer,

• agreement on delivery of audio or video recording or another digital content on a tangible medium (e.g. a DVD) if the Buyer opened the original packaging,

• agreement on delivery of the Digital Content unless delivered on a tangible medium and if delivered subject to a prior consent of the Buyer before the period for withdrawal from the agreement and the Seller informed the Buyer before the agreement was entered into that in such case the Buyer has no right to withdraw from the agreement,

• in other cases specified in Section 1837 of the Civil Code.

4. In order to observe the period for withdrawal from agreement, the Buyer must send the declaration of withdrawal within the period for withdrawal from agreement.

5. To withdraw from purchase agreement, the Buyer can use the template of withdrawal from agreement provided by the Seller. The Buyer sends withdrawal from purchase agreement to the email address or mailing address of the Seller specified in these General Terms. The Seller confirms to the Buyer when the form is received without undue delay.

6. The Buyer who withdrew from agreement is obligated to return the goods to the Seller within 14 days from the withdrawal from agreement. The Buyer bears the costs related to the return of the goods to the Seller also even if the goods cannot be returned by mail due to its nature.

7. If the Buyer withdraws from agreement, the Seller will return to them immediately but not later than 14 days from the withdrawal from agreement all money including any costs related to the delivery the Seller received from the Buyer using the same method. The Seller returns the received money to the Buyer using another method only if the Buyer agrees and unless no extra costs arise in connection with such method.

8. If the Buyer chose method of the Digital Content delivery other than the cheapest one offered by the Seller, the Seller will return to the Buyer the costs related to delivery the amount of which corresponds to the cheapest method of delivery that is offered.

9. The Seller is entitled to withdraw from purchase agreement due to loss, damage or deletion of their own electronic data (digital content) or defect or damage of the Seller’s technical equipment. The Seller immediately informs the Buyer using the email address specified in the order and returns within the period of 14 days from the notice of withdrawal from purchase agreement all money including the costs related to delivery that the Seller received from the Buyer under the agreement using the same method or a method specified by the Buyer.

 

VII.

Rights Related to Defective Performance

1. The Seller is liable to the Buyer for the Digital Content that must be undamaged, free from defects and complete upon dispatch. The Seller’s liability to the Buyer especially concerns the fact that at the time the Buyer takes over the Digital Content,

• it has the properties the Parties stipulated and if such provision is missing then it must have the properties either described by the Seller or expected by the Buyer with respect to the nature of the goods and based on the advertising,

• that the Digital Content is suitable for the purpose the Seller specifies for its use or the use normally associated with the product of such nature,

• the product corresponds to the stipulated sample or model in terms of quality or rendition if the quality or rendition is stipulated according to the agreed sample or model,

• the product is satisfactory in terms of quality,

• the product is in compliance with legal regulations.

2. The Seller is obligated to remedy any defective performance.

3. If the product descriptions, E-shop, advertisement or manual enclosed to the Digital Content contain any information regarding the period for which the product can be used in accordance with other legal regulations, the quality assurance provisions apply. Quality assurance binds the Seller to make sure the goods is suitable for its normal use or that it retains its usual properties for a specified period of time.

4. The provisions specified in the previous paragraph of these General Terms do not apply to wear and tear of the product caused by its normal use. The Buyer cannot enforce the right related to defective performance if the Buyer knew before the take over of the goods that the goods are defective or if the defect is caused by the Buyer.

5. In case any defects occur, the Buyer is entitled to make a complaint to the Seller and request

• a reasonable discount of the purchase price,

• withdrawal from the agreement.

6. The Buyer is entitled to withdraw from agreement

• in case the product has any material defect,

• in case the defects are numerous.

7. Material breach of agreement means that the party that breaches the agreement knew or must have known when concluding the agreement that the other party would not have concluded the agreement if they had anticipated such breach.

8. In case of defect which does not mean material breach of agreement (regardless if the defect can be removed or not), the Buyer is entitled to have the defect removed or to have a reasonable discount of the purchase price.

9. If a removable defect after the repair (digital content correction) appears repeatedly (usually the third complaint regarding the same defect or fourth complaint regarding different defects) or if the product contains a large number of defects (usually at least three defects at the same time), the Buyer has the right to request a discount of the purchase price or to withdraw from the agreement.

10. The Buyer is obligated to notify the Seller of the right they chose when making complaint. It is possible to change the aforesaid choice without the consent of the Seller only if the Buyer requested removal of a defect which is later proven as non-removable. If the Buyer does not choose their right related to a material breach of agreement in due time, the Buyer’s rights are the same as the rights that apply to minor breaches of agreement.

11. If it is not possible to repair (to correct digital content) or replace the product, the Buyer can request the purchase price refund in full based on the withdrawal from agreement.

12. If the Seller proves that the Buyer knew about the defect before accepting the digital content or that the Buyer caused the defect, the Seller is not obligated to satisfy the Buyer’s claim.

13. The Buyer cannot make a complaint about discounted goods on the grounds due to which the goods were discounted.

14. The Seller receives complaints sent to the email specified in these General Terms or in the registered office or the place of business. The Seller is obligated to confirm in writing the day the complaint is made by the Buyer and the content thereof and the method to handle the complaint required by the Buyer as well as the date and the method used to process the complaint, including the confirmation of defect removal and its duration or any explanation as to why the complaint was dismissed.

15. The Seller or their authorized employee decides about the complaint immediately, in more serious cases within three workdays. This period does not include the period of time considered reasonable with respect to the type of product or service that is necessary for professional assessment of the defect. Any complaints including removal of defects must be handled immediately, no later than 30 days from the day the complaint is made, unless the Seller and the Buyer agree on a longer period. Neglect of the aforesaid time is considered material breach of the agreement and the Buyer has the right to withdraw from the purchase agreement. The complaint is considered asserted when the Buyer’s expression of will (assertion of right related to defective performance) is delivered to the Seller.

16. The Seller informs the Buyer in writing about the result of the Buyer’s complaint.

17. The Buyer cannot enforce the right related to defective performance if the Buyer knew before the take over of the thing that the thing is defective or if the defect is caused by the Buyer.

18. In case the complaint is justified, the Buyer is entitled to compensation of expenses meaningfully spent in connection with the assertion of the complaint. The Buyer can assert this right from the Seller within one month after the warranty period, otherwise the court does not have to admit it.

19. The Buyer chooses the method of complaint.

20. The rights and obligations of the Parties regarding any defective performance are governed by the law of the Czech Republic, Sections 1914 through 1925, Sections 2099 through 2117 and Sections 2161 through 2174 of the Civil Code and Act no. 634/1992 Sb., Consumer Protection Act.

 

VIII.

Delivery

1. The Parties can deliver any and all correspondence in writing to one another using electronic mail. Mutual communication is in English.

2. The Buyer sends the correspondence to the Seller to the email address specified in these General Terms. The Seller sends the correspondence to the Buyer to the email address specified in the customer account or in the order.

 

IX.

Personal Data

1. Any and all information provided by the Buyer during cooperation with the Seller is confidential and it will be handled accordingly. Unless the Buyer grants the Seller consent in writing, any data that concern the Buyer will not be used by the Seller for any other purpose but performance under the agreement, with the exception of email address which may be used to send out business messages as permitted by law unless explicitly refused. These messages can cover only similar or related goods and can be unsubscribed at any time easily and simply (by sending a letter, email or by clicking at the link in the business message). The email address will be archived for the period of three years from the last agreement entered into by and between the Parties for the aforesaid purpose.

2. For further information in detail about personal data protection see the Privacy Policy.

 

 

IX.

Out-of-court Settlement of Disputes

1. The Czech Trade Inspection Authority (CTIA), with its registered office at Štěpánská 567/15, 120 00 Prague 2, is competent to settle any consumer disputes out-of-court; Company Reg. No.: 000 20 869, web address: https://adr.coi.cz/cs. Platform for online settlement of disputes accessible from http://ec.europa.eu/consumers/odr can be used to settle disputes between the Seller and the Buyer arising from the purchase agreement.

2. The European Consumer Centre of the Czech Republic with its registered office at Štěpánská 567/15, 120 00, Prague 2, accessible from: http://www.evropskyspotrebitel.cz is a contact point under the 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/ES (Regulation on consumer ODR).

3. The Seller’s authorization to sell goods is subject to the Trade License. Trade inspections are performed by the relevant Trade License Office within its competence. The Czech Trade Inspection Authority competence includes, but is not limited to, supervision of compliance with act no. 634/1992 Sb., Consumer Protection Act within specified extent.

 

X.

Final Provisions

1. Any and all covenants between the Seller and the Buyer are governed by the law of the Czech Republic. If the relationship established by the purchase agreement contains any international elements, the Parties stipulate that the relationship is governed by the law of the Czech Republic. The rights of the consumer arising from generally binding legal regulations are not prejudiced by the aforesaid.

2. The Seller is not bound by any codex of conduct within the intention of Section 1826 (1) (e) of the Civil Code in relationship to the Buyer.

3. All rights to the web sites of the Seller, especially the copyright regarding the content including the web site layout, photos, films, graphics, trademarks, logos and other content and elements are the property of the Seller. It is forbidden to copy, modify or otherwise use the web sites or a part thereof without the Seller’s consent.

4. It is forbidden to modify, copy or distribute downloaded content or parts thereof. Any and all copyright related to the idea, concept, design, layout, system of building and functionality of the kit is the property of the Seller and it is forbidden to imitate the kit from the point of view of function or design or to make copies thereof. The copyright and the software rights to the digital content are the property of the Seller.

5. The Seller bears no liability for errors arising as a consequence of third persons’ interference with the E-shop or its use in contradiction to its purpose. When using the E-shop, the Buyer cannot use procedures which may have negative impact on its operations or perform any activities that may enable either the Buyer or any third persons to interfere with the program without authorization or to use without authorization the program or other parts that form the E-shop or its parts or software in a way that is in contradiction with its purpose or intention.

6. The Buyer hereby takes over the risk of change of circumstances within the intention of Section 1765 (2) of the Civil Code.

7. The purchase agreement including these General Terms is archived by the Seller in electronic form and is not available to public.

8. The Seller can change or amend the text of these General Terms from time to time. Any rights or obligations arising during the time when the previous version of the general terms and conditions were in effect are not prejudiced by this provision.

9. By sending the order using the E-shop order form the Buyer confirms that they read these General Terms, that they understand the language (English) and accept them in full.

10. The template form for withdrawal from agreement is enclosed to these General Terms.

 

These General Terms take effect on 5 March 2021.