Terms & Conditions

TERMS & CONDITIONS

of company

Partdeck New, s.r.o.

based V Chotejně 3, Praha - Hostivař, ZIP: 102 00

identification number: 03732088

registered in the commercial register conducted by the Municipal Court in Prague, section C, insertion 236850

for online selling of goods by online store located on web addresses www.partdeck.cz and www.partdeck.com

1. INTRODUCTORY PROVISIONS

1.1. These business terms and conditions („BTC“) business company Partdeck New, s.r.o., based V Chotejně 3, Praha - Hostivař, ZIP: 102 00, identification number: 03732088, registered in the commercial register conducted by the Municipal Court in Prague, section C, insertion 236850 („seller“) modifies according to law 89/2012 Sb., Civil code, § 1751 par 1 („civil code“) bilateral rights and obligations of contraction parties originated from buying contract („contract“) conclusion between seller and other natural persons („buyer“) by seller's internet online store. Online store is provided by seller on web page accessible from the internet addresses www.partdeck.cz / www.partdeck.com („web address“), by web interface („web interface“).

1.2. BTC don't affect cases when buyer is a corporation or person, who orders goods from seller as part of his business activities.

1.3. Articles of agreement different from the BTC is possible to negotiate as part of the buying contract. Articles of agreement stated in the buing contract have priotity against the BTC.

1.4. The BTC are inseparatable part of the buying contract. The buying contract and the BTC drawn up in czech or english language. The buying contract can be concluded in czech or english language.

1.5. Seller can change or update the BTC. This statement doesn't affect rights and obligations that was set up during validity of previous version of the BTC.

1.6. The BTC are not promotional document and are ment as document setting-up rights and obligations between seller and buyer.

1.7. By conclusion of the buying contract buyer confirms he has read and understand entire BTC and agrees with the BTC.

1.8. The seller is authorized to modify the BTC. The buying contract is affected by version of the BTC, which was valid at the time of the buying contract conclusion.

2. USER ACCOUNT

2.1. After going thru registration on the web page, the buyer can access to his user account („user account“). Buyer can order goods using his user account. If web interface alows, buyer can order goods without registration - directly using using web interface of the store.

2.2. Buyer is obliged to enter correct and true informations while registering user account or ordering goods. Buyer is obliged to update informations in user account, when they has been changed. Seller considers informations stated in buyer's user account and informations stated in buyer's order as correct.

2.3. Access to user account is secured by username and password. Buyer is obliged to remain silence about his user account access informations.

2.4. Buyer is not alowed to provide his user account to third parties.

2.5. Seller can deactivate buyer's user account. Especialy when buyer doesn't use his user account for longer petiod then 6 months, or when buyer brakes his obligations stated in the buing contract (incl. BTC).

2.6. Buyer takes due note of possibility of user account inaccessibility. Buyer's user account might be inaccessible due to seller's software and hardware maintenance or hardware and software maintenance of the third parties, that affects sellers web pages.

3. BUYING CONTRACT CONCLUSION

3.1. All goods presentation placed on the seller's web page has informative status. Seller is not obliged to conclude the buying contract related to these goods. Regulation § 1732 par. 2 of the Civil codeis not applied.

3.2. Web interface of the store contains informations about goods including price. Price of the goods are stated including VAT and all fees related to purchase (except for shipping and packing costs which are calculated separately). Pricees of the goods are consider as valid for the time they are displayed by web interface of the store. This statement doesn't affect possibility of contract conclusion between buyer and seller using individualy negotiated conditions.

3.3. Web interface contains informations about shipping and packing costs related to goods delivery. Shipping and packing costs stated on the web interface is valid for the selected country of shipping.

3.4. While creating order, buyer fills in order form on web interface. Order form contains informations such as:

3.4.1. orded goods (buyer add goods to shopping cart),

3.4.2. payment method, shippping method and

3.4.3. informations about additional costs related to delivery („order“).

3.5. Buyer can check and change content of the order as well as other informations related to order before confirming order to seller. Buyer confirms order to seller by clicking „Confirm order“ button. Seller consider all informations stated in order as correct and true. Seller sends buyer information via e-mail (to address buyer fill in order form) about receiving his order without delay.

3.6. Seller is not obligated to send buyer confirmation of his order, when order was made only by individual communication (e-mail, telephone, etc.)

3.7. All information stated in comment section of the order are part of the buying contract if seller agrees with them. If seller doesn't agree with comments within the order, business contract is ton conducted. Also if seller cannot meet any of the buyer's requests which is part of the order, seller send buyer alternative version of the order with request for feedback. In this case buying contract is conducted, when buyer sends to seller new version of the order and seller confirms it.

3.8. Seller is always authorized to request buyer's additional confirmation of the order (telephonically or by e-mail) depending on order status (nonstandard item count, total price, shipping costs etc.)

3.9. Buying contract can be conducted only when buyer fills in all necessary informations to the order form and accepts BTC.

3.10. Contractual realtionship between seller and buyer is established when seller receives order and confirms it to buyer by e-mail.

3.11. When confirmation stated in par. 3.5 is not done by seller, buying contract was not conducted.

Buyer agrees with using remote communication channels for conductiong buying contract. Additional cost for using remote communication channels for conductiong buying contract (internet connection costs, phone call costs) buyer covers himself.

4. GOODS PRICE AND PAYMENT CONDITIONS

4.1. Byuer can pay seller price for bought goods and evental costs related to delivery of goods according to contract using these ways:

4.1.1. cash at store located at address V chotejně 3, Prague 10 - Hostivař;

4.1.2. cash-on-delivery at the place stated in buyer's order;

4.1.3. bank transfer to seller's account 2700761627/2010, at Fio, a.s. („sellers account“);

4.1.4. payment via PayPal platform to seller's account fakturacenew@partdeck.cz

4.1.5. quick bank transfer or by credit card thru payment gateway Comgate. After order confirmation you are redirected to payment gateway of Comgate Payments,a.s., where payment is processed by choosen method. After payment processing you are resirected back to e-shop and e-mail with payment confirmation is send to your e-mail asddress.

4.2. Buyer is obliged to pay seller shipping and packing costs as they was negotiated. If it is not stated differently, buying price contains shipping and packing costs related to order delivery.

4.3. Seller doesn't request advance payment from buyer. This doesn't affect par. 4.6 of the BTC about prepayment obligation of buyer.

4.4. In case of cash payment with pick up at store or cash on delivery buying price is paid at order delivery. In case of the bank transfer, payment is due 14 days from conducting of buying contract.

4.5. In case of the bank transfer, buyer is obliged to pay buying price using variable symbol (ID of te order). In that case buyer's ogliation is met, when payment is put to account of the seller.

4.6. If buyer doesn't additionaly confirm his order (par. 3.7) selleris authorized to request prepayment of the buying price before shipping order to buyer. Regulation § 2119 par. 1 of the Civil code is not used.

4.7. Evenual discounts provided by seller to buyer cannot be combined.

4.8. If it is usual in commercial realtionship or if any legal enactments require it, seller issue tax document - invoice to buyer's payment. Seller is payer of the VAT. Seller issue tax document - invoice after receiving buyer's payment and send it to buyer electronically using e-mail or physically with order.

5. CANCELLATION OF CONTRACT

5.1. Buyer considers that due to regualtion § 1837 of the Civil code it is not possible to cancel the buying contract when subject of th buying contract is:

goods that was adapted according to buyers request

perishable goods

goods that had been unseparataeble mixed with another goods

5.2. Buyer has right to cancel the buying contract according to regualtion § 1829 par. 1 of the Civil code in 14 days from receiving the ordered goods (if order contains of more types of goods, time-limit is set using date of delivery of the last goods delivery), if it is not case stated in par. 5.1. or any other case, when cancellation of the buying contract is not possible. Buying contract cancellation have to be sent to seller in stated time-limit. Buying contract cancellation can be done at sellers store, or by senting e-mail to obchod@partdeck.cz.

5.3. In case of buying contract cancellation according to par. 5.2 of the BTC conducted buying contract is canceled. Goods have to be returned to seller to 14 (fourteen) days from the buying contract cancelation. If buyer cancels the buying contract, buyer takes all cost related to returning of the goods to himself.

5.4. Seller returns money to buyer within 14 days after buying contract cancellation same way as he received them if buying contract is canceled according to par. 5.2 of the BTC by buyer. Seller is alowed to return fulfillment provided by buyer when buyer returns goods. If buyer cancels buying contract, seller is not obliged to return money to buyer before buyer retutns ordered goods or buyer sends proof that goods has been send back to seller.

5.5. Seller is alowed to match costs caused by damage made to returned goods with buyers buying price return claim.

5.6. Seller is alowed to cancel buying contract anytime before buyer receives ordered goods. In that case seller returns money to byuer's bank account without delay.

5.7. If there is present given to buyer in connection with buyer's order, deed of gift between seller and buyer has condition of cancelation – if buyer canceles buying contract, deed of gift is canceled also and buyer is obliged to return ordered goods as well as received gift.

6. TRANSPORT AND SHIPPING

6.1. Buyer takes risk and all possible additional costs related to special type of shipping of ordered goods, if shipping method was nonstandard and is realized based on buyer's request.

6.2. Buyer is obliged to receive ordered goods at the delivery if seller is obliged to deliver goods to specific place determined by buyer, according to buying contract.

6.3. Buyer is obliged to pay additional cost when shipping method has to be changed or delivering of goods had to be done repetitively because of buyer's reasons.

6.4. Buyer is obliged to check packing integrity when receiving ordered goods. In case of any damage made on goods report it to the shipping service without delay. If buyer considers, that there has been unauthorized unpacking made to the shipped goods, buyer is allowed to not receive shipped order.

6.5. Other rights and obligation of buyer, seller and shipping service realted to shipping of goods can be determined by special shipping terms, if they are published by seller.

6.6. Payment gateway for quick bank transfer and credit card payment is provided by Comgate Payments, a.s. - https://www.comgate.cz/cz/platebni-brana

6.7. For complaints about payments made thru payment gateway Comgate please contact ComGate Payments, a.s., Gočárova třída 1754 / 48b, Hradec Králové, E-mail: platby-podpora@comgate.cz , Tel: +420 228 224 267

7. RIGHTS OF DEFICIENT FULFILLMENT

7.1. Rights and obligations of parties to a contract about rights of deficient fulfillment abides by common binding rules (regulations § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil code).

7.2. Seller is accounted to buyer for goods not having faultiness. Especially is accounted to buyer that when buyer received goods:

7.2.1. goods has chracteristics, that hase been negotiated, or has characteristics which has been described by seller or manufacturer, or has charracteristics that buyer expect considering goods character,

7.2.2. goods is suitable for use, that seller stated, or as is usually used for,

7.2.3. goods is same quality as showen sample,

7.2.4. goods is delivered in requested amount,

7.2.5. goods satisfies demands of legal enactments.

7.3. Regulations stated in par. 7.2 of the BTC are not used when:

goods with discount, where where defect was reason of discount, wear caused by common usage,

at used goods - wear suitable to description which goods had when delivered to buyer.

7.4. If defect appears during 6 months after delivery date, it is considered as goods has been defective at the time of delivery.

7.5. Buyer applies rights of dificient fulfillment to seller at store address, where complaint can be processed. The moment when seller receives buyer's defective goods is considered as moment of complaint receiving.

7.6. Seller is obliged to write down buyer written receipt, when buyer applied his right, what was object of complaint, and what method of complaint resolution buyer requested; Date and method of complaint clearance including repair certificate and repair time statement, eventualy written substantiation of complaint rejection. This obligation affects also other persons authorized to repair defective goods.

7.7. If deficient fulfillment is elemental contract violantion buyer has right to request removal of the defect, or changing goods for not defective, or delivering missing goods or parts, or reasonable discount from buying price or to cancel buying contract.

7.8. Seller puts warranty of quality on goods – that means goods are useable for suitable purpouse for specific time, or goods preserve its common characteristics.

Warranty starts by delivering goods to buyer.

7.9. All rights and obligations of parties to a contract can be modified by seller's complaint procedure order.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTION PARTIES

8.1. Byuer becomes owner of goods when he pays total buying price to seller.

8.2. Seller is not bound to buyer with any codex in accordance with rule § 1826 par. 1 letter. e) of the Civil code.

8.3. Out-of-court settlement of buyer's complaints is done by seller by e-mail address obchod@partdeck.cz. Seller sends information about complaint fulfillment to buyer's e-mail address.

8.4. Seller is authorized to sell goods based on trading licence.Trading supervision is done by the localy competent trades licence office. Personal data protection supervision is done by the office for personal data protection. Supervision to law-abidingness of law No. 634/1992 Sb., of consumer protection is done by the czech trade inspection authority.

8.5. Buyert takes risk of change of circumstances in meaning stated in § 1765 par. 2 of the Civil code.

9. PERSONAL DATA PROTECTION

9.1. Personal data of user which is individual person are processed due to law No. 110/2019 Sb., of personal data processing as amended and according to Direction of European Parliament and the Council No. 2016/679 from 27. 4. 2016 of individual person protection with association to personal information protection and about free movement of these informations and about cancelation of direction No. 95/46/ES (common direction of personal information protection) (further „GDPR“) - see Personal information protection declaration.

9.2. Buyer agrees with processing these personal data: first name, last name, addres, identification number, tax number, e-mail address, telephone number and everything else („personal data“).

9.3. Buyer agrees with processing his personal data by seller for execution rights and obligations from buying contract and for providing user account. If buyer doesn't choose alternative possibility, he agrees with processing his personal data by seller for sending commercial and marketing informations to buyer. Personal data processing disapproval in meaning of this paragraph is not condition, that prohibits buyint contract conclusion.

9.4. Buyer takes due note of his obligation to enter correct and true personal data (during registration, in his user account, when ordering goods without registration on the web page of the store). Buyer is also obliged to inform seller without delay when his personal data has been changed.

9.5. Seller can authorize third person to personal data processing as processor. Aside from shipping providing persons, seller will not provide buyer's personal data to any other third party without buyer's acceptation.

9.6. Personal data will be processed for reasonable time.Personal data wil be processed electronicaly – automated way or in printed physical form.

9.7. Buyer confirms, that personal data are correct and he has been instructed, that personal data povision is voluntary.

9.8. If buyer gets suspicious, that seller or processor are processing his personal data in the way that is in conflict with protection of buyer's privacy or is in conflict with the law, he can:

9.8.1. request seller or processor for explanation

9.8.2. request seller or processor to eliminate existing status.

9.9. If buyer request seller for informations about his personal data processing, seller is obliged to deliver this information to buyer. Seller has right to request adequate price (not exceeding real costs) for delivering informations according to statement above.

9.10. Buyer's personal data are processed according to regualtion No.2016/679 of the European parliament and th Council - viz GDPR.

10. BUSINESS COMMUNICATION AND COOKIES STORING

10.1. Buyer agrees with commercial communication related to seller's goods and services send by seller to his e-mail.

10.2. Buyer agrees with cookie storing to his computer. Buyer can annul previous sentance, if it is possible to order goods on the web page of the seller without storing cookies to buyer's computer.

11. NEWSLETTERS

11.1. Newsletters can be send to e-mail address set in buyer's user account, or e-mail stated in the order.

12. FINAL PROVISIONS

12.1. If buying contract based relationship involves international element, parties consider that realtionship is managed by czech law. This doesn't affect consumer's rights resulting from mandatory common legal enactments.

12.2. If there is any regualtion in the BTC that is invalid or pointless, the most similar regulation is put in it's place. Invalidity or pointlessness of one regualtion doesn't affect validity of other regulation. Changes and updates of buyng contract or BTC are made in written form.

12.3. All regulations between buyer and seller included in buying contract, has advantage against regulations stated in the BTC with which they are in conflict.

12.4. Buying contract including the BTC is archived by seller electronically and is not accessible

12.5. Seller's contact information:

contact address : V chotejně 3, Praha - Hostivař, ZIP: 102 00

e-mail : obchod@partdeck.cz

telephone (9:00-16:00) : 799 502 237 (cz/en)

In Prague 1st September 2014

for internet online store provider and seller

Petr Mašek

Managing director