Terms and ConditionsForm

for making a claim | Withdrawal formInternet

shop:

www.penove-desky.czSpolečnost: WPA CZWith

registered office: Řípská 1153/20a, 627 00 BrnoIČ/DIČ

: 29284546 / CZ29284546, we are DPHS payersThe company

is registered in the Commercial Register kept at the Commercial Register in Brno, section C, insert 70960E-mail

address:

info@penove-desky.czTelefonní number: +420 515 919 695

1. INTRODUCTORY PROVISIONS

• These Terms and Conditions regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract concluded between the Seller and the Buyer through the Seller's online store. The online shop is operated by the Seller on the website www.penove-desky.cz.

• 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.

• Order, Purchase Contract. By completing and sending an order, a purchase contract is concluded. The Buyer is obliged to accept and pay for the ordered goods on the basis of this contract. In the event of failure to fulfil this obligation, the Seller is entitled to claim compensation for proven costs incurred (transport price).

• The terms

  and conditions of the online shop are governed by the following Purchasing Regulations as well as by applicable legislation and commercial practices. All offered goods come from authorized importers and official distributors for the Czech Republic, are of standard quality and are fully guaranteed according to the applicable legislation and according to the warranty conditions of the manufacturer or importer.

2. ORDER, CONCLUSION OF THE PURCHASE CONTRACT

• Sending an order via the online shop is a binding proposal to conclude a purchase contract. The validity of the order is conditional on the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer's confirmation that he has read these terms and conditions.

• Upon receipt of the order, the Seller will confirm receipt of the order to the Buyer's email address provided in the order.

• The Buyer has the right to cancel the order, without any penalty until the goods are dispatched, by email or telephone.

• All prices of the goods are inclusive of VAT and all related charges. The prices of the goods remain in force until revoked or stocks run out.

• The contract of sale is archived by the seller in electronic form and is not accessible.

3. CANCELLATION OF ORDER, WITHDRAWAL FROM THE PURCHASE CONTRACT

a) The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, the Purchase Agreement cannot be cancelled in the case of:

• delivery of

  goods that have been customized by or for the buyer

• deliveries of goods in sealed packaging which have been removed from the packaging by the buyer and cannot be returned for hygiene reasons

b) The buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code:

• within 14 days of receipt of the goods or the last part of the delivery

• the goods must be returned within 14 days of withdrawal from the purchase contract

• if the buyer withdraws from the purchase contract, the buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by normal postal means due to their nature

• in the event of withdrawal from the contract, the seller shall return the payment received from the buyer within 14 days at the latest in the same way as the payment was received

• the goods must be completely intact, undamaged, without signs of use, originally packaged, and capable of being resold

• If the returned goods are damaged by a breach of the buyer's obligations, the seller is entitled to claim against the buyer compensation for the reduction in the value of the goods and to set it off against the amount returned

• the buyer sends the goods by ordinary parcel post, cash on delivery will not be accepted!

• if a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift ceases to be effective and the buyer is obliged to return the gift together with the goods to the seller.

c) The Seller shall be entitled to withdraw from the contract if :

• the goods are no longer manufactured or delivered

• the goods are unavailable for a long period of time

• an order has been received with an incorrect price for the goods by mistake or technical error

4. DELIVERY OF THE GOODS, TRANSPORT

• The Seller shall deliver the goods as soon as possible. Goods in stock are sent within 1-5 working days from the date of ordering, otherwise usually within 7-14 working days, unless a different delivery time is specified for the goods.

• Arrive-If multiple smaller orders are combined in one shipment - ordering, one postage fee will be added.

• In the event that the shipping method is agreed upon by special request of the buyer, the buyer bears the risk and any additional costs associated with this shipping method.

• If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods on delivery.

• If the buyer refuses to accept the shipment from you (the buyer) with the goods ordered by you, in accordance with the Civil Code, the seller will claim payment of the damage caused in the amount of the shipping price chosen by the buyer when ordering the goods.

• Upon receipt of 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, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

• The Seller sends the goods within the Czech Republic and SK via:

1. External carriers in the Czech Republic ( TOP Trans, PPL )

2. External carrier SK ( TOP Trans, PPL )

3. WPA

   - Oversized shipment CR

4. WPA - oversized shipment SK

• If the goods have been damaged in transit, a claim must be filed with the carrier.

5. PAYMENT TERMS

• The buyer may pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

1. cash on delivery at the place specified by the Buyer in the order

2. by bank transfer

3. by card (payment gateway)

• Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount.

• In case of payment to cash on delivery, the purchase price is payable upon receipt of the goods.

• Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.

• If it is customary in the course of business or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a VAT payer.

6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE - CLAIMS

• The rights and obligations of the contracting parties with regard to claims are governed by the relevant generally binding provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code.

• The seller shall be liable to the buyer that the goods are free from defects upon receipt, have the described characteristics and are fit for the described purpose stated on the shop's website.

• For goods sold at a lower price, the seller is not liable for the defect for which the lower price was agreed.

• The seller is not obliged to satisfy the buyer's claim if he proves that the buyer knew of the defect in the goods before taking delivery or caused it himself.

• The Seller shall not be liable for defects caused by the Buyer as a result of normal wear and tear or non-observance of the instructions for use, defects caused by mechanical use, neglect of goods, improper installation and improper storage.

• Within the statutory period, the purchaser may make a claim and, at his option, demand:

1. Removal of the defect by delivery of a new item without defect or delivery of the missing item;

2. the removal of the defect by repair free of charge;

3. a reasonable discount on the purchase price;

4. a refund of the purchase price on the basis of withdrawal from the contract.

• The buyer may specifically exercise the rights from the defective performance with the seller by e-mail, telephone, in person at the address of his/her establishment (company headquarters).

• Goods, which are accompanied by a warranty card, can be claimed in all service centres listed in this warranty card, or in other service centres for the given brand of goods.

• Goods that are not accompanied by a warranty certificate must be sent for claim settlement with proof of purchase to the above mentioned correspondence address of the seller (not COD).

7. COMPLAINT HANDLING

• The Buyer is obliged to file a claim with the Seller or the person designated for repair without undue delay from the discovery of the defect.

• If the Buyer does so in writing or electronically, the Buyer should provide the date, his contact details, a description of the defect, the method of handling the claim and proof of purchase with proof of purchase.

• The goods should be sent by the cheapest possible means of transport, e.g. registered parcel, registered letter, and should be packed in suitable packaging to prevent damage and should be clean and complete.

• The buyer shall include in the shipment a description of the complaint, a request for the method of handling and contact details, proof of acquisition of the claimed goods in our shop.

• The seller within three days of receipt of the claim, will inform about the procedure and whether a professional assessment will be needed.

• The Seller will settle the complaint, including the removal of the defect, without undue delay, at the latest within 30 days of its submission, unless a longer period is agreed in writing with the Buyer. In the event of a justified complaint, if replacement or repair of the goods is not possible, the buyer may request withdrawal from the contract.

8. PRIVACY

• The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.

• The buyer agrees to the processing of the following personal data: name and surname, home address, identification number, e-mail address, telephone number.

• The buyer agrees to the processing of personal data by the seller for the purpose of exercising the rights and obligations under the purchase contract and for the purpose of maintaining the user account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.

• The Buyer acknowledges that he/she is obliged to provide his/her personal data correctly and truthfully when registering, when placing an order, and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data.

• Apart from the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.

• The personal data will be processed for a maximum period of 15 years. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

• The purchaser confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.

9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES<

10. DISPUTE RESOLUTION

• Mutual disputes between the Seller and the Buyer shall be settled by the general courts.

• A buyer who is a consumer has the right under Act No. 634/1992 Coll., on Consumer Protection, as amended, to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity authorised to carry out out-of-court dispute resolution. Further information is available on the website www.coi.cz.

• Out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's request, and only if the dispute has not been resolved directly with the seller. The application may be submitted within 1 year of the date on which the consumer first exercised the right at issue with the seller.

• The consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/.

• The buyer can also contact dTest, o.p.s. for advice on his/her consumer rights via www.dtest.cz/poradna or by calling 299 149 009.

• The Czech Trade Inspection Authority (www.coi.cz) supervises compliance with the obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended.

These terms and conditions come into force on 20.2.2023.