Obchodní podmínky

Universal Terms and Conditions for the e-shop valid from 1 January 2018 according to the new Civil Code.

 I. Basic provisions

1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")

Trading company:                        PWS 3D TECHNOLOGY s.r.o.

with its registered office:              Vrážská 1562/24 a, 153 00 Prague 5 - Radotín              

Id.NR/ VAT:                                  222 30 220 / CZ22230220

Acting Director:                            Bc. Eva Neumannová, Executive Director

registered in:                                C 412912 filed at the Municipal Court in Prague

Contact details:

E-mail: sales@3dfilaments.cz

Phone: + 420 606 796 796

www.3dfilaments.cz , www.printwithsmile.com, www.pws3dtechnology.com, www.pws3dprinter.com
 

(hereinafter referred to as the "Seller")

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside of his business activity as a consumer or within the scope of his business activity (hereinafter referred to as the "Buyer") through the web interface located on the website available at the Internet address www.3dfilaments.cz www.printwithsmile.com hereinafter referred to as the "Online Store").

3. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. Deviating provisions in the purchase contract take precedence over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the Purchase Agreement are concluded in the Czech language.

II. Information about goods and prices

1. Information about the goods, including the prices of individual goods and their main characteristics, are provided for individual goods in the catalogue of the online store. The prices of the goods are indicated including value added tax, all related fees and costs for returning the goods, if these goods cannot be returned by the usual postal means. The prices of the goods remain valid for the period for which they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually negotiated conditions.

2. All presentation of goods placed in the catalogue of the online store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

3. The online store publishes information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III. Order and conclusion of the purchase contract

1. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Contract (costs of Internet connection, costs of telephone calls) shall be borne by the Buyer himself. These costs are no different from the base rate.

2. The Buyer places an order for the goods in the following ways:

  • through their customer account, if they have previously registered in the online store,
  • by filling out the order form without registration.

3. When placing an order, the buyer chooses the goods, the number of pieces of the goods, the payment method and delivery.

4. Before sending the order, the buyer is allowed to check and change the data he has entered into the order. The buyer sends the order to the seller by clicking on the SEND ORDER button.  The information provided in the order is considered correct by the Seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has read these terms and conditions.

5. Immediately after receiving the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. The confirmation is attached to the seller's current terms and conditions. The purchase contract is concluded only after the seller has accepted the order. Notification of receipt of the order is delivered to the buyer's email address. / Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when ordering. This confirmation is considered to be the conclusion of a contract. The confirmation is attached to the seller's current terms and conditions. The purchase contract is concluded by confirming the order by the seller to the buyer's e-mail address.

6. In the event that the Seller cannot meet any of the requirements specified in the order, he will send the Buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by the buyer's confirmation of acceptance of this offer to the seller's e-mail address specified in these terms and conditions.

7. All orders received by the seller are binding. The buyer can cancel the order until the buyer receives a notice of acceptance of the order by the seller. The Buyer may cancel the order by phone to the Seller's phone number or email specified in these Terms and Conditions.

8. In the event that there was an obvious technical error on the part of the Seller when stating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously erroneous price, even if the Buyer has been sent an automatic confirmation of receipt of the order under these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's e-mail address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by a confirmation of acceptance by the buyer to the seller's e-mail address.

9. SAMPLES - to support the sale and introduction of the Print With Smile brand, the customer  can order one set of samples for a given price after registering on the www.printwithsmile.cz (com) e-shop.  This price is no longer eligible for other discounts. 1 set of samples contains a set of 6 pcs of samples of different materials and colors. This can be edited by a note in the order. If the customer is interested in a larger number of samples, it is necessary to request them via email sales@3dfilaments.cz. Based on the quantity requirements, the price for sending samples in the number of more than one set (1 pc) will be determined.

 

IV. Customer Account

1. Upon the Buyer's registration in the Online Shop, the Buyer can access their customer account. From their customer account, the buyer can order goods. The buyer can also order goods without registration.

2. When registering for a customer account and ordering goods, the buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data provided in the User Account in any way that they change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.

3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow third parties to use the Customer Account.

5. The Seller may cancel the User Account, in particular if the Buyer no longer uses his/her User Account, or in the event that the Buyer breaches his/her obligations under the Purchase Agreement and these Terms and Conditions.

6. The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of the hardware and software equipment of third parties.

 

V. Payment terms and delivery of goods

1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract in the following ways:

  • by wire transfer to the seller's bank account No. 351 319 435/0300, maintained at ČSOB, Prague,
  • IBAN: CZ65 0300 0000 0003 5131 9435, SWIFT: CEKOCZPP
  • cashless payment card
  • Cashless transfer to the seller's account via a payment gateway
  • cash on delivery at the time of handover of goods,
  • in cash or by credit card for personal collection at the establishment
  • in cash or by credit card when picking up parcels in person

2. Together with the purchase price, the buyer is obliged to reimburse the seller for the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also means the costs associated with the delivery of the goods.

3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.

4. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

5. In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's bank account.

6. The Seller does not require any advance payment or other similar payment from the Buyer in advance. Payment of the purchase price before the goods are shipped is not a deposit.

7. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, the taxpayer is obliged to register the received sales with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest

8. The goods are delivered to the buyer:

  • to the address specified by the buyer of the order
  • through the pick-up point to the address of the pick-up point designated by the buyer,
  • by personal collection at the seller's premises

9. The choice of delivery method is made during the ordering of goods.

10. The costs of delivery of the goods, depending on the method of dispatch and receipt of the goods, are specified in the buyer's order and in the order confirmation by the seller. In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

11. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order under the Purchase Contract, the Buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.

12. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. In the event of a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

13. The seller issues a tax document – invoice to the buyer. The tax document is sent to the buyer's email address. The tax document is attached to the goods supplied.

14. The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including the delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to take over the goods, but did not do so contrary to the purchase contract.

VI. Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days

  • from the date of receipt of the goods,
  • from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the supply of several parts
  • from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated supply of goods.

3. The buyer may not, among other things, withdraw from the purchase contract:

  • provision of services, if they have been performed with the buyer's prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
  • the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the seller's will, and which may occur during the withdrawal period;
  • o the supply of alcoholic beverages, which may be delivered only after thirty days have elapsed and the price of which depends on financial market deviations independent of the seller's will,
  • on the delivery of goods that have been modified according to the buyer's wishes or for his person,
  • the supply of perishable goods as well as goods which, after delivery, have been irreversibly mixed with other goods;
  • delivery of goods in sealed packaging that the buyer has removed from the packaging and cannot be returned for hygienic reasons,
  • the supply of an audio or video recording or computer program, if it has damaged their original packaging,
  • the supply of newspapers, periodicals or magazines;
  • delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
  • in other cases referred to in Section 1837 of the Civil Code.

4. To comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.

5. To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The Buyer shall send the withdrawal from the purchase contract to the Seller's e-mail or delivery address specified in these Terms and Conditions. The seller shall confirm receipt of the form to the buyer without delay.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal means due to their nature.

7. If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than 14 days after the withdrawal from the contract, all funds, including the delivery costs, which he has received from him, in the same manner. The seller will return the funds received to the buyer in another way only if the buyer agrees to this and if this does not incur additional costs.

8. If the buyer has chosen a method of delivery of goods other than the cheapest offered by the seller, the seller shall reimburse the buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods.

9. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods to the buyer or proves that he sent the goods to the Seller.

10. The goods must be returned by the buyer to the seller undamaged, unworn and unsoiled and, if possible, in their original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

11. The Seller is entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the order and shall return all funds, including delivery costs, received from the Buyer on the basis of the Contract within 14 days of the notification of withdrawal from the Purchase Contract, in the same manner or in the manner specified by the Buyer.

VII. Rights arising from defective performance

1. The seller replies to the buyer that the goods are free of defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took possession of the goods:

  • the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have such characteristics as the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
  • the goods are suitable for the purpose stated by the seller for their use or for which the goods of this type are usually used,
  • the goods correspond in quality or performance to the agreed sample or model, if the quality or performance was determined according to the agreed sample or model,
  • the goods are in the corresponding quantity, measure or weight, and
  • The goods comply with the requirements of legal regulations.

2. If the defect becomes apparent within six months of receipt of the goods by the buyer, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right arising from a defect that occurs in the consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price to a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to a defect corresponding to the degree of use or wear and tear that the goods had at the time of receipt by the buyer, or if this results from the nature of the goods.

3. In the event of a defect, the buyer may submit a complaint to the seller and demand:

  • exchange for new goods,
  • repair of goods,
  • a reasonable discount on the purchase price,
  • withdraw from the contract.

4. The buyer has the right to withdraw from the contract,

  • if the goods have a material defect,
  • if the item cannot be properly used due to the repeated occurrence of the defect or defects after repair,
  • in the event of a larger number of defects in goods.

5. The Seller is obliged to accept the complaint at any establishment where it is possible to accept the complaint, or at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.

6. The seller or an employee authorized by the seller will decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonable for the type of product or service necessary for the professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, no later than 30 days from the date of filing the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of filing a complaint is considered to be the moment when the Seller expresses the Buyer's will (exercising the right arising from defective performance).

7. The Seller shall inform the Buyer in writing of the result of the complaint.

8. The buyer is not entitled to the right from defective performance if the buyer knew before taking over the item that the item had a defect or if the buyer caused the defect himself.

9. In the event of a justified complaint, the buyer has the right to reimbursement of reasonably incurred costs incurred in connection with the complaint. The buyer may exercise this right with the seller within one month after the expiry of the warranty period.

10. The buyer has the choice of the method of complaint.

11. The rights and obligations of the parties to the contract with regard to rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.

12. Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Procedure.

VIII. Service

1. The Contracting Parties may deliver all written correspondence to each other by electronic mail.

2. The Buyer shall deliver correspondence to the Seller to the e-mail address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the e-mail address specified in his customer account or in the order.

XI. Out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at the http://ec.europa.eu/consumers/odr website can be used to resolve disputes between the seller and the buyer arising from the purchase contract.

2. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on on-line dispute resolution for consumer disputes).

3. The seller is entitled to sell goods on the basis of a trade license. Trade inspection is carried out by the relevant Trade Licensing Office within its competence. To a limited extent, the Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection.

X. Final provisions

1. All arrangements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer's rights arising from generally binding legal regulations.

2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826 (1) of the Commercial Code. 1 lit. e) of the Civil Code.

3. All rights to the Seller's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.

4. The Seller shall not be liable for errors resulting from interference by third parties with the Online Shop or as a result of its use contrary to its intended purpose. When using the Online Store, the Buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow him or third parties to unauthorize interference or unauthorized use of the software or other components of the Online Store, and to use the Online Store or its parts or software in a way that would be contrary to its intended purpose or purpose.

5. The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (1) of the Civil Code. 2 of the Civil Code.

6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

7. The Seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous wording of the Terms and Conditions.

8. A sample withdrawal form is attached to the Terms and Conditions.

 

These Terms and Conditions come into effect on 15.10.2025

 

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