Terms & Conditions
Terms and Conditions
Effective since: 30.05.2022
1. INTRODUCTORY PROVISIONS
1.1 These T&C set out the rights and obligations that apply to Your purchase of the Products, i.e. goods or services, from Us on the Portal, as those terms are defined below.
2.1 These T&C use the following terms:
Civil Code: Act No. 89/2012 Coll., the Civil Code, as amended.
Claim: assertion of a right arising from defective performance within the meaning of § 2099 et seq. of the Civil Code.
Consumer: a natural person who is a consumer within the meaning of § 419 of the Civil Code, i.e. a person who, outside the scope of their business activity or outside the scope of their independent exercise of their profession, concludes a contract with an entrepreneur or otherwise deals with this entrepreneur.
Contract: a contract for the supply of goods, a contract for the provision of services or a contract for work, depending on the nature of the Product chosen by You, concluded through the Portal, which includes these T&C.
Portal: Our website on URL address https://www.3dden.com/.
Price: the price for the Product that You accept when entering into the Contract on the Portal.
Product: goods, services (consisting in the performance of an activity or the performance of work), in the quantity and quality specified by You, which You purchase from Us through the Portal based on the Contract.
T&C: these Terms & Conditions, prepared pursuant to § 1751 et seq. of the Civil Code in the English language, always in the version effective on the current date.
Us: The company 3DDen s.r.o., with registered office at Stojicka 881/2a, Vinor, 190 17 Prague 9, Czech Republic, ID No.: 17120918, VAT No.: CZ17120918, registered in the Commercial Register maintained by the Municipal Court in Prague under file number C 366926, with contact telephone number and e-mail address listed on the Portal.
2.2 Terms used in these T&C shall have the meanings specified, defined or otherwise used in these T&C, unless otherwise provided in the Contract or any other document referred to in these T&C.
3.CONCLUSION OF THE CONTRACT
3.1 The Contract is concluded in the English language between Us and You on the Portal through electronic means of communication. Other language versions of these Terms may be provided for information purposes, however the English version prevails. We do not charge You any fees for the use of means of distance communication.
3.2 Information about the Product, including unit prices and main features, are negotiated individually or are listed in the catalogue on the Portal. The Product is available on the Portal either in a form prepared in advance, or in a form that You need to design or complete yourself on the Portal using the tools available on the Portal.
3.3 Prices always include value added tax. Prices on the Portal remain valid for the period of time they are displayed on the Portal. However, this does not preclude the possibility of negotiating individual prices or different terms on Products.
3.4 If You order a Product in a form designed or customized by You, You must follow instructions and information available on the Portal when creating that Product. In this case, You also grant Us a non-exclusive license to use Your design for the purpose of creating the Product You have requested.
3.5 If You are ordering a Product available on the Portal, either the form prepared in advance or in the form you designed or customized, the ordering process is as follows:
By clicking on the button on the Portal, You add the ordered Product in the virtual shopping cart. This applies both to Products that are available on the Portal in the form prepared in advance or in the form you designed or customized.
After verifying the Ordered Product and verifying the Price and all other costs in accordance with Article Chyba: zdroj odkazu nenalezen of these T&C in the virtual shopping cart, You can proceed to the virtual checkout by clicking on the button.
On the virtual checkout, You will provide Your billing information, including the address of Your company, if any, for which You are purchasing the Product, shipping address, payment method and delivery method.
Before You place Your order, You can check and correct any errors made during data entry, in particular to check and change the data You have entered in the virtual shopping cart and checkout.
Your place an order of Product by clicking on the button Order with obligation to pay.
The Contract is concluded when We accept Your order after You have successfully completed the entire process of concluding the Contract on the Portal. However, We are not obliged to accept the order placed this way, i.e. the offer to conclude the Contract You made.
3.6 You can also order a Product by electronic messages exchange. In this case, We will send You an offer of the Product in the form of an electronic message and the Contract is concluded when You accept the offer sent by Us.
3.7 You undertake to provide all data and information necessary for the conclusion of the Contract fully and truthfully. Failure to do so may render the Contract null and void.
3.8 You will receive confirmation of the conclusion of the Contract by email, but We do not create or store a copy of the Contract and therefore We cannot give You access to it.
4. SUBJECT OF THE CONTRACT
4.1 On the basis of the Contract, We undertake to deliver the ordered Product to You in the appropriate quality and according to the information You provided.
4.2 On the basis of the Contract, You undertake to pay Us the agreed Price.
4.3 You acquire ownership to the goods and work upon acceptance.
4.4 If the Product contains services, including the creation of Product in the form You designed or customized, You expressly request that the provision of these services commence immediately after the conclusion of the Contract within the withdrawal period. You acknowledge that in such case You will not have the right to withdraw from the Contract in respect of such services if the services have already been provided in full or, if provided in part, You will not be entitled to a refund of a proportionate part of the agreed Price for the services provided up to the time of withdrawal. The impossibility to withdraw from the Contract pursuant to paragraph Pursuant to paragraph 9.1 of T&C, You may not withdraw from the Contract if:(b) of these T&C is not affected.
4.5 Liability for accidental destruction, damage or loss of the goods shall pass to You at the moment of their acceptance or at the moment when You were obliged to accept such goods but failed to do so in breach of the Contract.
5.1 The Price and any costs associated with the delivery of the Product under the Contract is payable by the methods set out in the Portal or in written communications with Us and displayed or communicated to You when concluding the Contract.
5.2 In the case of a payment by bank transfer, the Price is payable within three days of the conclusion of the Contract. The Price is paid in the moment of crediting the relevant amount to Our bank account.
5.3 In the case of a payment by a payment gateway, You shall follow the instructions of the relevant electronic payment provider.
5.4 In the case of payment in cash, the Price is payable on receipt of the goods or on commencement of the services.
5.5 In the moment of a payment, We issue to You a tax document – an invoice. We will send the invoice to Your e-mail address provided while concluding the Contract.
6. DISPATCH AND DELIVERY OF PRODUCT
6.1 Product is delivered:
to the address specified by You in the process of concluding the Contract;
by delivery on-site, in a location agreed with Us;
in case of the provision of services, in a manner agreed by You and Us.
6.2 The choice of delivery method is made during the ordering of the Product.
6.3 You undertake to accept the Product upon delivery without undue delay. Should You fail to do so, You shall be liable for all Our costs associated with dispatching the Product, storing the goods and returning them, including postage, packing, handling charges and depreciation in value. Your obligation to pay the price of the Product, in particular Product that has been designed or customized based on Your instructions or actions on the Portal, is not affected.
6.4 Upon receipt of the goods from the carrier, You shall check the integrity of the packaging and notify the carrier immediately in the event of any defects. If You find any damage to the packaging indicating that the shipment has been tampered with, You may not accept the shipment from the carrier.
7. DELIVERY COSTS
7.1 Together with the Price, You are obliged to pay Us the costs associated with the delivery of the ordered goods, including goods designed or customized on the basis of Your instructions or actions in the Portal, in the agreed amount as specified while concluding the Contract.
7.2 The cost of delivery of the goods, depending on the method of dispatch and collection, is set out as part of the Contract process. In the event that the method of delivery is agreed upon at Your specific request, You shall bear the risk and any additional costs associated with this method of delivery.
7.3 In the event that for reasons on Your part it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, You shall pay the costs associated with the repeated delivery of the goods or the costs associated with the different method of delivery.
8. RIGHTS FROM NON-PERFORMANCE AND CLAIMS
8.1 If You discover that the Product is defective, i.e. the Product is not delivered in the quantity, quality or design as ordered, You may make a Claim.
8.2 You are obliged to make a Claim immediately after discovering the defect or after You could have discovered the defect with the exercise of ordinary care, at the e-mail address email@example.com.
8.3 As part of the Claim, You are required to describe:
what defect You find in the Product or how the defect manifests itself;
whether You consider the defect to be a material breach of the Contract;
when You purchased the Product; and
what is Your choice for solving the defect.
8.4 When making a Claim, You may choose one of the following solutions to the defect:
delivery of a new Product without defect, delivery of the missing Product, or repair of the defective Product free of charge, while choosing a solution that is not impossibly or unreasonably costly compared to the second solution; this shall be assessed having regard in particular to the significance of the defect, the value that the Product would have had without the defect and whether the defect can be remedied by the other solution without significant difficulty; this shall not apply if the Product is a work which, because of its nature, cannot be returned to Us; or
a reasonable discount on the Price, which will be determined as the difference between the value of the non-defective Product and the defective Product that You have received; You may claim the discount if We have refused to remedy the defect or have not remedied it properly, if the defect is repeated or if the defect is a material breach of the Contract, or if it is clear from Our statement that the defect will not be remedied within a reasonable time or without significant inconvenience to You.
8.5 In the case of a defect that is a material breach of the Contract and in the case that Product has the nature of work and the defect has not been remedied within a reasonable time, You shall additionally have the option of withdrawing from the Contract.
8.6 We may refuse to remedy a defect in the Product if it is impossible or unreasonably costly to do so, particularly in view of the significance of the defect and the value that the Product would have without the defect.
8.7 You may not change the solution chosen under paragraph When making a Claim, You may choose one of the following solutions to the defect: of the T&C, except where:
You ask to correct an irreparable defect of the Product;
You request the rectification of a defect which We refuse to rectify, the defect has recurred or would not be rectified within the time limit for dealing with the Claim; You may then request a reasonable discount on the Price or withdraw from the Contract.
8.8 Where You properly make a Claim for the delivery of new undefective goods or for the repair of the goods free of charge, You must send the Claimed goods back to Us after the Claim has been made.
8.9 Claimed goods must always be sent without cash on delivery, otherwise they will not be accepted.
8.10 Duly submitted Claims are handled without undue delay, with maximum effort and within the shortest possible time, but no later than 30 days from the moment of delivery of the Claim and any claimed Product to Us.
8.11 We will notify You of the outcome of the Claim, either by the same method We received it or by the email address provided when You ordered the defective Product.
8.12 In the event of withdrawal from the Contract, We will send You the amount corresponding to the Price in the manner in which We received the Price or, if this is not possible, in another appropriate manner, but not before We have received the returned goods or after they have been demonstrably sent by You.
8.13 Our liability for defects does not extend to normal wear and tear of the item (or parts thereof) caused by use, nor to defects arising from failure to follow Our instructions and follow the information on the Portal.
8.14 Unless You are acting in the course of Your business, there is a 24-month period for the sale of consumer goods for the exercise of rights under defective performance. However, this period may be made longer by a statement on the warranty certificate, its packaging or advertising. If a warranty longer than 24 months is provided in this way, We as the seller shall determine the conditions and extent of the extension of the warranty by means of a declaration in the warranty card or by special terms and conditions, and if this is not done, the provisions on the warranty for quality pursuant to § 2113 et seq. of the Civil Code shall apply to defects arising after the expiry of the period of 24 months following the acceptance of the goods.
9. WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER
9.1 If You, as a Consumer, enter into a Contract with Us using electronic means of communication, You have the option to withdraw from the Contract within 14 days without giving any reason, starting from:
the conclusion of the Contract if the Product is made up of services;
the receipt of the goods, if it is a contract of sale by which You purchase individual goods;
from the date of receipt of the last delivery or item or part of the goods, if it is a contract of sale where You are purchasing several goods or the delivery of several items or parts of goods; or
from receipt of the first delivery of the goods if it is a contract of sale for the regular delivery of the goods over an agreed period of time.
9.2 Pursuant to paragraph If You, as a Consumer, enter into a Contract with Us using electronic means of communication, You have the option to withdraw from the Contract within 14 days without giving any reason, starting from: of T&C, You may not withdraw from the Contract if:
the Product is made up of services which We have already provided in full before the expiry of the withdrawal period;
We supply goods which have been customised by or for You, i.e. which have been designed or customized based on Your instructions or actions on the Portal.
9.3 You may withdraw from the Contract under this section of the T&C by any unequivocal statement delivered to Us, in particular by completing the withdrawal form provided by Us and sending it to the email address DOPLNIT. The form is attached to these T&C.
9.4 Upon withdrawal from the Contract, You shall promptly, but no later than within fourteen days, send Us the goods received by You under this Contract; this period shall be preserved if You demonstrably send the goods before its expiry.
9.5 Upon withdrawal from the Contract, We shall send You the amount corresponding to the Price, in the manner in which We received the Price, within fourteen days of withdrawal, provided that:
if You are withdrawing from the Contract on the delivery of the goods, We are not obliged to send You that amount until We have received the returned goods or after You have proved that You have sent back the goods. The goods are to be complete, undamaged and in the condition in which You received them. You are responsible and liable to pay Us compensation for any decrease in value of the goods resulting from handling the goods other than as necessary to familiarise yourself with the nature, characteristics and functionality of the goods, i.e. to test the goods.
if You withdraw from the Contract which involves the provision of services, We will only pay You the part of the agreed Price for those services which have not yet been provided at the time of withdrawal.
9.6 The amount refunded under clause Chyba: zdroj odkazu nenalezen of the T&C may be reduced by:
the cost of returning the goods if You chose a delivery method other than the cheapest delivery method during the conclusion of the Contract, in an amount equal to the difference between the cheapest delivery method and the chosen delivery method;
the reduced value of the returned goods resulting from use other than that necessary to familiarise yourself with the nature, characteristics and functionality of the goods.
9.7 While withdrawing from the Contract, You will also bear Your own expenses connected to return of the goods.
10. DATA PROTECTION
11. GOVERNING LAW
11.1 The Contract and all rights and obligations arising from it are governed by the law of the Czech Republic, in particular the Civil Code. If You are a Consumer and We provide the Product in the country of Your habitual residence or focus on Your country, You are not thereby deprived of the protection afforded by the provisions of the legal code which cannot be derogated from and which would otherwise apply in the absence of a choice of law.
12. COMPLIANTS AND DISPUTE RESOLUTION
12.1 You may send any complaints that are not Claims in its nature to Our registered office address or to the email contact listed on the Portal.
12.2 We and You agree to use Our best endeavours to resolve any disputes arising out of or under the Contract amicably.
12.3 If You are a Consumer, You have also the option to use:
out-of-court resolution of consumer disputes, which in the case of the Contract is the responsibility of the Czech Trade Inspection Authority, with its registered office at Stepanska 567/15, 120 00 Prague 2, ID No.: 000 20 869, with the Internet address https://adr.coi.cz/cs;
the online dispute resolution platform available at http://ec.europa.eu/consumers/odr .
12.4 All disputes arising out of or under the Contract shall be finally settled by a court of competent jurisdiction, with local jurisdiction determined according to Our registered office; this does not apply if You are a Consumer.
13. FINAL PROVISIONS
13.1 We reserve the right to change these T&C unilaterally at any time. Any changes to these T&C shall take effect upon publication and on a date specified by Us and shall apply to Contracts entered into from the effective date of the new version of these T&C.
13.2 If any provision of these T&C is or becomes invalid or unenforceable in whole or in part, it shall be fully severable from the other provisions of these T&C. Such invalidity or unenforceability shall not affect the validity and enforceability of any other provisions of these T&C. In such event, We will replace such invalid or unenforceable provision with another provision that conforms as closely as possible to the content of the original provision.
13.3 If the provisions of these T&C conflict with the wording of the Contract or other legally binding documents entered into between Us and You, the wording set out in the Contract or similar documents shall apply.
Annex No. 1 – Template for a withdrawal from a Contract
Addressee: 3DDen s.r.o., with registered office at Stojicka 881/2a, Vinor, 190 17 Prague 9, Czech Republic, ID No.: 17120918, VAT No.: CZ17120918, registered in the Commercial Register kept by the Municipal Court in Prague under file number C 366926, e-mail: firstname.lastname@example.org
I hereby notify (*) that I withdraw (*) from the Contract for the purchase of these goods (*)/the provision of services (*).
Date of order (*)/date of acceptance (*)
Name and surname of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if this form is sent in paper form)
(*) Delete where not applicable or complete the information.