Business Conditions

Terms and conditions

I.  Basic provisions

1.    The Terms and conditions are stated according to § 1751 et seq. of law n. 89/2012 Coll., Civil Code (hereinafter “civil code”)

Part2Print s.r.o.

CIN (IČ): 04392574

VATIN (DIČ): CZ04392574

Residence: U Krčské vodárny 1134/63, 140 00 Praha 4, Czech republic

Billing address: V Lipkách 775/1, Slivenec, 154 00 Praha 5, Czech republic

Registered in business register at Municipal Court in Prague under section C 246782

e-mail: info@part2print.cz

tel.: +420 606 652 363 (Mon – Fri, 10:00 am – 18:00 pm)

website: eshop.part2print.cz

(hereinafter “seller”)

2.    The Terms and conditions apply for the rights and obligations of the seller and the individual who enters into a purchase contract outside of their business activity as a consumer, or within their business activity (hereinafter “buyer”) through the website available at eshop.part2print.cz (hereinafter “e-shop”).

3.    Provision of Terms and conditions is an inseparable part of the purchase contract. Divergent agreements in the purchase contract have a priority over the agreements in Terms and conditions.

4.    Terms and conditions and purchase contract are concluded in Czech and English language.

II. Products and price information

1.    The product information, alongside with the prices and main properties, are stated at the individual products in the catalogue on e-shop. The prices are displayed including value added tax, all the related fees and shipping costs in case the goods by its nature cannot be returned by the standard shipping. Prices of the products remain valid as long as they are displayed on the e-shop. This statement does not exclude negotiating of the purchase contract under individual conditions.

2.    Product and price information in the catalogue of the e-shop has mere informative nature. The seller is not obliged to conclude a purchase contract of those goods.

3.    The information for the shipping and delivery costs is provided on the e-shop.

4.    Potential discounts cannot be combined, as long as the buyer and seller do not settle on this agreement.

III. Ordering and making a purchase contract

1.    The costs incurred from the ways of communication concerning the purchase contract conclusion (such as the internet connection of phone calls) covers buyer himself. Such costs do not differ from the standard ones.

2.    The order can be made by the buyer in following ways:

•        By their account, having signed up on the e-shop
•        By filling the order form without registration

3.    While creating the order, the buyer chooses products, amount and payment and delivery method.

4.    The buyer can check or change the details that he put in the order before submitting it. The buyer can submit the order by clicking the “Finish the order” button. Details provided in the order are considered correct. To successfully finish the order, it is necessary for the buyer to fill out all the obligatory details in the order form and to accept the terms and conditions, as well as to become acquainted with them.

5.    Upon receiving the order, the seller will send an order confirmation e-mail to the buyer’s e-mail address provided in the ordering details. Such confirmation is automatic and is not considered as contract conclusion. The order confirmation e-mail contains up to date Terms and conditions. The purchase contract is concluded after the seller accepts the order. The buyer will be notified about the acceptance on his e-mail address.

6.    In case any of the requirements stated in the order cannot be fulfilled, the buyer will send the seller modified offer. The modified offer is considered to be a new proposal of the purchase contract and the purchase contract is in this case concluded by the buyer’s confirmation of the modified offer to the e-mail address stated here in Terms and conditions.

7.    The orders accepted by the seller are binding. The buyer can decline the order, as long as the order confirmation announcement has not been delivered to them. The buyer can decline the order by calling the number stated in Terms of conditions or via e-mail.

8.    In case of obvious technical issues on behalf of the seller when stating the prices of the goods on e-shop or during the ordering, the seller is not obliged to deliver the goods for the quite obvious incorrect price, even if the buyer is sent an automatic order confirmation according to Terms and conditions. The seller informs the buyer about the issue and without any delay sends modified offer on his e-mail address. The modified offer is considered to be a new proposal of the purchase contract and the purchase contract is in this case concluded by the buyer’s confirmation of the modified offer to the e-mail address.

IV. Customer account

1.    Based on the buyer’s registration which has been made on the e-shop the buyer has access to their customer account. From there they can make orders. The buyer is also able to make orders without registration.

2.    At the process of registration, the buyer is obliged to state correctly and truthfully all the details. The buyer is obliged to update them whenever they get changed. The details stated by the buyer in their customer account and in the order details are considered to be correct and true.

3.    The access to the customer account is secured by username and password. The buyer is obliged to maintain coyness concerning the essential to accessing their customer account. The seller is responsible for the eventual misuse of the customer account by a third party.

4.    The buyer is not permitted to allow the utilization of the customer account by a third party.

5.    The buyer can disable their customer account, especially if it is no longer being used for a longer period of time, or if the buyer violates their purchase contract obligations or Terms and conditions.

6.    The buyer is aware that their customer account might not be accessible at all times, especially with the notion of necessary service maintenance of the seller’s hardware and software facilities or the service maintenance of the third party’s hardware and software facilities.

V. Payment terms and delivery

1.    The product price and shipment costs according to purchase contract can be paid by following methods:

•          Cashless payment to bank account of the seller: 103010308/5500, IBAN: CZ9355000000000103010308, SWIFT/BIC: RZBCCZPP, with Raiffeisenbank a.s.
•          Cashless payment with credit card,
•          Cashless payment to bank account of the seller via payment gateway GoPay,
•          Cash on delivery,
•          In cash or by credit card upon personal pick-up at brick-and-mortar shop,
•          In cash or by credit card upon personal pick-up at parcel office Zásilkovna (https://www.zasilkovna.cz/)

2.   The buyer is obliged to pay prearranged packaging and shipping costs alongside with the purchase price. If not stated otherwise, purchase price is considered including packaging and shipping costs.

3.    In case of payment in cash, the payment is due to the pick-up. In case of cashless payment, the payment is due 14 days after concluding the purchase contract.

4.    In case of payment via payment gateway, the buyer proceeds accordingly to the instructions of the electronic payment provider.

5.    In case of cashless payment, the buyer’s obligation of payment is fulfilled upon delivering the payment to the seller’s bank account.

6.    The seller does not require the buyer a payment in advance nor any other type of such payment. The payment of the goods before its dispatch is not payment in advance.

7.    According to the Law on sales records, seller is obliged to issue a bill to the buyer. The seller is also obliged to record the sale via tax administrator online, in case of technical issues due to 48 hours at the latest.

8.    The goods are delivered:

•          To the address provided in the order by the buyer,
•          To the address of the parcel office chosen by the buyer,
•          Upon personal pick-up at brick-and-mortar shop.

9.    The buyer chooses delivery method at the process of ordering the goods.

10. The shipment costs, depending on the delivery and pick-up methods, are stated in the buyer’s order as well as in the order confirmation. In case the special requirements concerning the shipment are negotiated, the buyer takes responsibility for any possible extra costs connected to the shipping.

11. If the seller is obliged to deliver the goods on the address provided by the buyer in the order according to the purchase contract, the buyer is obliged to pick-up the goods upon delivery. In case it is necessary on behalf of the buyer to deliver the goods repeatedly or by a different method that has been stated in the order, the buyer is obliged to pay the shipping costs connected to the repeated delivery of the goods or the shipping costs connected to a different delivery method.

12. The buyer is obliged to check the state of packaging upon pick-up. In case of any visible defects, the buyer is obliged to notify the transporter. In case of faulty packaging caused by possible unauthorised intrusion, the buyer is not obliged to take the goods from the transporter.

13. The seller issues a bill to the buyer, namely invoice. The invoice is sent to the buyer’s e-mail address or is attached to the goods.

14. The buyer acquires ownership of the goods by paying the purchase price including the shipping costs, earliest upon pick-up though.

15. The buyer takes responsibility for accidental destruction, damage or loss of the goods upon pick-up or the moment he was obliged to pick up the goods and contrary to the purchase contract did not do so.

VI. Withdrawal from the contract

1.    The buyer who entered the purchase contract outside of their business activity as a consumer has the right to withdraw from the purchase contract.

2.    The withdrawal period lasts 14 days

•          From the day pick-up of the goods,
•          From the day of pick-up of the last package of the goods, in case the subject matter of the contract is delivery of various goods or several parts,
•          From the day of pick-up of the first delivery, in case the subject matter of the contract is periodic delivery of goods.

3.    The buyer cannot withdraw from the purchase contract

•         of provision of services, if the services have been fulfilled with previous consent before the withdrawal period and the seller informed the buyer before entering into purchase contract that in such case the buyer does not have the right to withdraw from the purchase contract,
•          of delivery of the goods or services whose price depends on the financial market fluctuations independently on the seller’s will and which can happen during the withdrawal period,
•          of delivery of the goods that has been modified accordingly to the buyer’s desires of adapted for the individual,
•          of delivery of the goods that is perishable as well as the goods that has been irretrievably mixed with other goods,
•          of delivery of the goods in closed package which has unpacked by the buyer for the hygienic reasons cannot be returned, 
•        of delivery of digital content, in case it was not delivered on data carrier and was delivered with consent of the buyer before the withdrawal period and the seller informed the buyer before entering into purchase contract that in such case the buyer does not have the right to withdraw from the purchase contract,
•          in other cases stated in § 1837 of the Civil Code.

4.    To abide the withdrawal period, the buyer has to send a declaration of withdrawal within the withdrawal period.

5.    For withdrawing from the purchase contract the buyer can utilize sample form provided by the seller. The buyer sends the withdrawal to the seller’s e-mail address or to the mailing address stated here in Terms and conditions. The seller confirms receiving of the form immediately.

6.    The buyer who has withdrawn from the contract is obliged to return the goods to the seller due to 14 days from withdrawing from the contract. The buyer bears the costs concerning the return of the goods to the seller, even if the goods by its nature cannot be returned by the usual delivery method.

7.    If the buyer withdraws from the contract, the seller returns him immediately (due to 14 days from withdrawing from the contract at the latest) all the expenses including shipping costs which the seller received from the buyer by the same manner in which the buyer received them. The seller returns the accepted finances in a different manner only if the buyer agrees on that and if no other expenses arise.

8.    If the buyer choses other than the cheapest method of delivery offered by the seller, the seller returns the shipping and delivery costs according to the cheapest offered method of delivery to the buyer.

9.    If the buyer withdraws from the purchase contract, the seller is not obliged to return the accepted finances sooner than the buyer returns the goods or proves sending the goods to the seller.

10. The goods must be returned undamaged, without any deterioration and pollution and, if possible, in the original packaging. The seller is entitled to unilaterally compensate for any damage to the goods against the buyer’s claim for reimbursement of the purchase price.

11. The seller is entitled to withdraw from the purchase contract due to sold out stock, the unavailability of goods, or if the manufacturer, importer or supplier of goods discontinued production or import. The seller informs immediately the buyer via e-mail stated in the order and returns all the finances (including shipping costs) that the seller accepted from the buyer based on the purchase contract within 14 days in the same manner, alternatively in the manner chosen by the buyer.

12. Paragraph 1. of this section does not apply to the buyer who is not direct consumer or does business, therefore such buyer cannot withdraw from the purchase contract. As such buyer is considered everyone who fills out IČ and DIČ (VATIN) or whose delivery address is a company.

VII. Defective performance rights

1.    The seller guarantees the buyer that the provided goods are not defective. The seller guarantees the buyer especially that the provided goods

•        have the same properties that both sides agreed on, and if there is no agreement, the goods have such properties that the seller or the buyer described or that the buyer expected considering the nature of the goods and its advertising,
•          fit the purpose that the seller states or that the goods are usually used for,
•          correspond in terms of quality or design to the agreed sample or template, if the quality or design were determined before,
•          are of the corresponding amount, measurements and weight and
•          fit the required legislation.

2.    The seller’s defective performance obligations last at least as long as the manufacturer’s defective performance obligations. Otherwise the seller is entitled to exercise the right of defect that occurs at consumer goods within 24 months from receipt of goods.

3.    If there is a warranty on the goods, their packaging or in the instructions attached to the goods or in the advertising according to the other legislation, the quality guarantee provisions apply. The seller guarantees (by the means of quality guarantee provisions) that the goods will be for a certain period of time eligible for use for its usual purpose or that they preserve their usual properties. If the buyer rightfully accuses the seller of a defect in the goods, the time limit for exercising rights of defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.

4.    The provisions referred to in the preceding paragraph of the terms and conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods. The buyer is not entitled to the right of defective performance if he knew before taking over the goods that they were defective or if the buyer himself caused the defect.

5.    In case of a defect, the buyer may submit a complaint and demand

•          replacement with new goods,
•          repair of the goods,
•          a reasonable discount on the purchase price,
•          withdrawal from the contract.

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

•          if the goods have a fundamental defect
•          if the goods cannot be used properly due to the recurrence of the defect or defects after repair
•          in case of multiple defect in the goods.

7.    The material breach of contract is such of which the breaching party already knew or must have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.

8.    In case of a defect that would mean a non-material breach of contract (regardless of whether the defect is repairable or not), the buyer is entitled to have the defect removed or a reasonable discount from the purchase price.

9.    If a repairable defect has occurred repeatedly after the repair (usually after the third complaint for the same defect or the fourth for different defects) or the goods have a greater amount of defects (usually at least three defects at the same time), the buyer has the right to claim a discount on the purchase price, exchange of goods or withdraw from the contract.

10. When making a complaint, the buyer is obliged to inform the seller which of the rights he has chosen. A change of choice without the seller’s consent is only possible if the buyer has requested the repair of a defect that proves to be unrepairable. If the buyer does not choose his right from a material breach of contract in time, the buyer has the same rights as in the case of non-material breach of contract.

11. If the repair or replacement of the goods is not possible, the buyer may demand a full refund purchase price upon withdrawal from the contract.

12. It the seller proves that the buyer knew about the defect of the goods before accepting the goods or that the buyer caused the defect himself, the seller is not obliged to meet the buyer’s claim.

13. The buyer cannot claim discounted goods for the reason for which the goods are discounted.

14. The seller is obliged to accept the complaint at any brick-and-mortar shop where it is possible, possibly also 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 what method of handling of the complaint the buyer demands, as well as confirmation of the date and method of handling of the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint.

15. The seller or his authorized employee shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the repair, must be handled without delay, at the latest within 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period of time. The expiry of this period in vain shall be considered material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment when the buyer’s complaint (exercise of the defective performance right) reaches the seller is considered the moment of claiming.

16. The seller shall inform the buyer in writing of the outcome of the complaint.

17. The buyer is not entitled to the right of defective performance, if the buyer knew before taking over the goods that the goods had a defect, or if the buyer caused the defect himself.

18. In case of a justified claim, the buyer is entitled to compensation for reasonable costs arising from the claim. The buyer may claim this right from the seller within one month after the expiry of the warranty period otherwise the court may not grant it.

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

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

21. Other rights and obligations of the parties regarding the seller’s responsibility for defects are regulated by the seller’s Complaints Regulations.

VIII. Delivery

1.    Contracting parties may send all the written correspondence via electronic mail to each other.

2.    The buyer shall deliver correspondence to the seller to his e-mail address stated here in Terms and conditions. The seller shall deliver correspondence to the buyer to the e-mail address stated in his customer account or in the order.

IX. Personal information

1.    All the information stated by the buyer in cooperation with the seller are strictly confidential and will be treated as such. If the buyer does not give a written permission, the buyer’s information shall not be used for other purposes than for fulfilling the contract excluding e-mail address to which can be sent advertisements, because such procedure permits the law, if it is not explicitly refused. The advertisements can only regard similar or related goods and can be at any time disable easily (by sending a letter, e-mail or by clicking on the link in the advertisement). The e-mail address shall be kept for this purpose for 3 years from concluding the last contract between contracting parties.

2.    For more detailed information regarding the personal information security click here.

X. Extrajudicial dispute resolution

1.    For consumers extrajudicial disputed resolution regarding the purchase contract serves The Czech Trade Inspection Authority (CTIA) based at Štěpánská 567/15, 120 00 Praha 2, CIN (IČ): 000 20 869, website: https://adr.coi.cz/en. The platform for dispute resolution on-line located at http://ec.europa.eu/consumers/odr can be used in dispute resolution between the seller and the buyer from the purchase contract.

2.    European Consumer Centre Czech Republic based at Štěpánská 567/15, 120 00 Praha 2, website: http//www.evropskyspotrebitel.cz/en is contact point according to Regulation No 524/2013 of the European Parliament and of the EU Council of 21 May 2013 regarding the consumer dispute resolution on-line and amendment of Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for customer disputes).

3.    The seller is entitled to sell the goods according to a trade licence. Trade control is carried out within the scope of its competence by the competent trade licensing authority. The Czech Trade Inspection Authority (CTIA) carries out within the defined scope among other things supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection.

XI. Final provisions

1.    All the agreements between the seller and the buyer are regulated by the legal system of Czech Republic. If the relation based on the purchase contract contains an international element, the parties agree that the relationship shall be governed by the legal system of the Czech Republic. This is without prejudice to the consumer’s rights under generally binding legislation.

2.    The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.

3.    All the rights to the seller’s website, especially content copyright, including the website layout, photos, films, graphics, trademarks, logos and other content and elements belongs to the seller. To copy, modify or in other means use the website or its part without consent is prohibited.

4.    The seller takes responsibility for errors incurred due to third party interventions to the e-shop or due to its misuse. While using the e-shop, the buyer must not utilize any procedures which could negatively influence functioning of the e-shop and must not perform any activities which could enable the buyer or a third party an unauthorized intervention or misuse of software equipment or other components constituting the e-shop and which would enable using the e-shop or its parts or software equipment in such way which would be in conflict with its aims and purposes.

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

6.    The purchase contract including the Terms and conditions is archived by the seller in electronic format and is not accessible.

7.    The seller may change or supplement the wording of the Terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and conditions.

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

These Terms and conditions come into force on the date of 7. 7. 2021