Terms and conditions
OSEQ s. r. o.
with registered office at Prokopa Holého 586, 281 51 Velký Osek, Czech Republic
registered in the Commercial Register maintained by the Municipal Court in Prague under No. C 342556
(hereinafter referred to as "OSEQ s. r. o." or "Seller")
⦁ These terms and conditions of OSEQ s. r. o. (hereinafter referred to as "Terms") regulate in detail the rights and obligations between OSEQ s. r. o. as the seller (hereinafter referred to as "Seller") and the buyers (hereinafter referred to as "Buyer") in the sale and purchase of goods from the range of OSEQ s. r. o. (hereinafter referred to as "Goods").
⦁ The Terms and Conditions are an integral part of any purchase contract concluded between the Seller and the Buyer for the Goods.
⦁ The application of any other terms and conditions, in particular the Buyer's, to purchase contracts concluded between the Seller and the Buyer is excluded.
Definition of basic terms
⦁ "Consumer" - any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a contract with the Seller or otherwise deals with him.
⦁ "Entrepreneur" - one who independently carries out, on his own account and responsibility, a gainful activity in a trade or similar manner with the intention of doing so consistently for profit. For the purposes of consumer protection, an entrepreneur includes, inter alia, any person who concludes contracts in connection with his or her own business, manufacturing or similar activity or in the course of the independent exercise of his or her profession, or any person who acts in the name of or on behalf of an entrepreneur. For the purposes of these Terms and Conditions, an entrepreneur means a person who acts in accordance with the preceding sentence in the course of his or her business. If the Buyer provides his/her identification number in the order, the Buyer acknowledges that the rules set out in the Terms and Conditions for Entrepreneurs apply to him/her.
⦁ "Buyer" - Consumer and Entrepreneur.
⦁ "Goods" - the products that are in the Seller's range, in particular, but not exclusively, the 3D printer pads that the Seller sells under the OSEQ trademark.
Bindingness of the Terms and Conditions
⦁ By submitting an order for Goods, the Buyer confirms that he/she has read these Terms and Conditions prior to entering into the Contract and that he/she expressly agrees to them (as in force and effect at the time of submitting the order) and undertakes to be bound by them.
⦁ The terms and conditions are available on the Seller's website.
⦁ The Seller displays the Goods on its website www.oseq.io and the display of the Goods is an offer subject to stock depletion or loss of ability to perform. Buyers ordering the Goods:
⦁ via the Seller's website (www.oseq.io) (hereinafter referred to as the "Online Shop"),
⦁ by email at ⦁ firstname.lastname@example.org,
according to the Seller's catalogue of Goods, which is located on the Seller's website. The Buyer sends a binding order by submitting a form with his/her data and the required quantity of Goods by clicking on the "order binding payment" button in the interface of the Online Store, or by sending the order to the specified e-mail.
⦁ In the case of a purchase through the Online Store, the specific purchase contract for the Goods is concluded by delivery of the order (acceptance) to the Seller, for the avoidance of doubt, it is assumed that this moment occurs immediately after the Buyer sends the order, i.e. after pressing the "order binding for payment" button.
⦁ The contract can be concluded in Czech language, unless the offer is sent by the Buyer to the Seller in another language and the Seller confirms the offer sent in this way.
⦁ The Buyer acknowledges that the Goods must be used in accordance with the information on the use of the Goods supplied with the Goods or sent to the Buyer on the email used by the Buyer to communicate with the Seller.
⦁ 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 regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the Goods to the Seller.
Terms of delivery, transfer of risk and acquisition of ownership
⦁ The place of performance is the place agreed upon by the parties in the individual purchase contracts, according to the agreed method of taking delivery of the goods. The Seller offers the following methods of delivery:
⦁ delivery by the carrier to the agreed location. The goods are delivered to the place specified by the Buyer. Delivery shall be arranged by the Seller through a carrier selected by the Seller at its discretion, and the price of transportation shall not differ significantly from the normal price for delivery of similar goods. The Buyer shall be informed of the selected carrier during the creation of the order in the Online Store, while it is possible that the Buyer will be able to choose the carrier himself in case the Seller offers delivery of the Goods to more than one carrier.
⦁ The Seller shall not be liable for non-delivery or delay in delivery of the Goods caused by inaccurate or incorrect indication of the address of the place of performance by the Buyer.
⦁ The Buyer is obliged to take over the Goods at the place of performance without delay. If he fails to do so, he shall bear the entire cost of transporting the Goods back to the Seller.
⦁ The risk of damage to the Goods passes to the Buyer upon the Seller's handover of the Goods to the carrier.
⦁ Title to the Goods shall pass to the Buyer upon full payment of the purchase price.
Purchase price and payment terms
⦁ The purchase price of the Goods is stated in the Online Shop. The prices are inclusive of VAT, excluding shipping costs.
⦁ The promotional prices are valid until the stock is sold out when the number of pieces of the promotional goods is specified or for a specified period of time.
⦁ The Seller accepts the following methods of payment of the purchase price:
⦁ by wire transfer to the Seller's bank account; the purchase price shall be deemed to be paid on the day when the relevant amount is credited to the Seller's bank account,
⦁ online using a credit card; the purchase price shall be deemed to be paid on the day when the relevant amount is credited to the Seller's bank account.
⦁ The Purchase Price will always be paid prior to acceptance of the Goods, unless otherwise agreed by the Parties. The Goods shall remain the property of the Seller until full payment of the purchase price and acceptance. The Seller shall be entitled to require payment of the purchase price in instalments at its discretion as a deposit for the manufacture of the Goods. In the event of non-payment of the full purchase price, the deposit shall not be refunded and shall serve as reimbursement to the Seller for the costs incurred in the manufacture of the Goods not taken by the Buyer as a result of non-payment of the full purchase price.
⦁ The Seller is obliged to issue and hand over to the Buyer a proper tax document together with the Goods.
⦁ The Buyer acknowledges that there may be cases when the contract between the Seller and the Buyer is not concluded, especially if the Buyer orders the Goods at a price published in error due to an error in the internal information system. In such a case, the Seller is entitled to withdraw from the purchase contract, even after the Buyer has received an e-mail confirming his order. In such case, the Seller shall inform the Buyer of such fact. This applies in particular to cases where the price of the Goods is incorrect at first glance, the price of the Goods is missing or missing one or more digits.
Rights from defective performance and complaints procedure
⦁ Warranty terms are governed by applicable law and these Terms.
⦁ The time limit for exercising the rights from defective performance begins on the day of acceptance of the Goods by the Buyer.
⦁ Complaints for defects or damage can be made without undue delay by e-mail to email@example.com or in writing by post to the Seller's registered office.
⦁ Notification of defects must include: the Buyer's name, address, telephone number, e-mail address, order number, description of the defect, description of its occurrence and the date of discovery of the defect.
⦁ The Buyer is obliged to thoroughly inspect and examine the Goods upon receipt and immediately notify the Seller upon receipt of the Goods of any apparent defects, damage, differences between the actual condition, type and quantity of the Goods and the delivery document. Defects and damages of the Goods which are transported to the Buyer must be recorded by the Buyer in a report which the Buyer is obliged to draw up and sign with the carrier. Other defects must be notified by the Buyer to the Seller immediately upon discovery (after the Buyer could have discovered them with reasonable diligence). In the event of failure of the Buyer to comply with any of the Buyer's obligations, in particular if the Buyer is an Entrepreneur, the Buyer shall not be entitled to the right of defective performance under this paragraph.
⦁ In the event that a defect occurs in the Goods that constitutes a material breach of contract and the Buyer is an Entrepreneur, the Buyer has the right to have the defect removed. If the Seller does not remove the defect in time, the Entrepreneur may demand a discount on the purchase price or withdraw from the purchase contract. However, the Entrepreneur may request withdrawal from the contract at the earliest after the expiry of the time limit according to Article VII, paragraph 15 of the Conditions.
In the event that a defect occurs in the Goods that constitutes a material breach of contract (for example, product malfunction), the Consumer has the right under the law to:
⦁ to remedy the defect by supplying a new item without the defect or by supplying the missing item,
⦁ to remove the defect by repairing the item,
⦁ a reasonable discount on the purchase price if the defect cannot be remedied,
⦁ withdraw from the contract if the defect cannot be remedied.
⦁ The Consumer has the right to have a new item delivered or a part replaced even in the case of a removable defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Consumer also has the right to withdraw from the contract.
⦁ In the event that the Buyer claims the right to deliver a new item or to withdraw from the contract, the Buyer must return the Goods including any accessories.
If the defective performance is an insubstantial breach of contract, the Consumer has the right to:
⦁ to remove the defect,
⦁ a reasonable discount on the purchase price.
⦁ Defects shall mean defects that are already present in the Goods upon delivery of the Goods (does not apply to defects that arise from later use or improper handling during assembly of the Goods) and in order to claim defects from defective performance as described above, the Buyer is obliged to inspect the Goods upon delivery and report any defects without delay. If the Buyer fails to report the defects promptly, the rights of defective performance cannot be exercised. This does not apply to so-called hidden defects, i.e. defects whose existence cannot be proven by normal inspection of the Goods upon delivery.
⦁ The Seller shall not be liable for defects in the Goods resulting from improper handling of the Goods or failure to follow the instructions when assembling the Goods.
⦁ The Seller shall confirm to the Buyer in writing when the right of defective performance has been exercised, what is the content of the complaint, what method of settlement of the complaint the Buyer requires, and shall issue a confirmation of the date and method of settlement of the complaint, including a confirmation of the repair and its duration, or a written (by e-mail) justification of the rejection of the complaint
Claims for goods purchased by the Consumer: The Seller shall decide on the complaint within 3 days from the date of delivery of the claimed Goods, and shall inform the Consumer of the manner of settlement of the complaint. The complaint will be settled without undue delay, no later than 30 days from the date of the complaint, unless otherwise agreed by the parties.
Claims for goods purchased by the Entrepreneur: The Seller shall decide on the complaint within 7 days from the date on which the Goods complained of were delivered to him, and shall inform the Entrepreneur of the manner in which the complaint will be settled. The complaint will be settled without undue delay, no later than 90 days from the date of the complaint, unless otherwise agreed by the parties or unless it is necessary to send the claimed goods to the Seller's supplier for assessment. The Seller shall inform the Buyer of such fact and indicate the estimated time for processing the claim.
⦁ The Buyer acknowledges that he/she is obliged to provide the Seller with the necessary cooperation necessary for the settlement of the claim, otherwise the time limits are adequately extended by the time in which the Buyer did not provide the required cooperation.
⦁ For Goods sold at a lower price, the Seller shall not be liable for defects for which a lower purchase price was agreed, and for used goods for defects corresponding to the level of use or wear and tear that the Goods had when taken over by the Buyer.
⦁ The Seller shall be entitled to refuse to accept the Goods for complaint if the Goods are soiled or their parts are soiled. For reasons of safety in transporting the Goods and other handling, the Seller is also entitled to refuse to accept a claim for Goods if the engine oil or petrol is not removed from the Goods.
⦁ After processing the complaint, the Seller informs the Buyer either by SMS, e-mail or telephone. If the Goods have been sent by shipping service, they will be sent to the Buyer's address after processing.
⦁ The buyer is obliged to accept the complaint without undue delay, but no later than 7 days from the date on which he was informed of its settlement. If the complaint is not accepted by the Buyer no later than on the last day of the deadline, the Seller will be charged after the expiry of the deadline a storage fee of 100,- CZK including VAT for each day of delay. If the Buyer does not collect the goods from the settled claim within 30 days from the day he was informed about the settlement, the Seller reserves the right to sell the Goods and use the proceeds to pay the storage fee.
Right of withdrawal
⦁ If the purchase contract is concluded by means of distance communication (by telephone, e-mail or in the Online Shop), the Consumer has the right to withdraw from the contract within 14 days of receipt of the goods without giving any reason. The time limit shall run from the day following the day on which the Consumer takes delivery of the Goods. When purchasing the Goods in a shop, the Consumer does not have the right to withdraw from the contract. The trader does not have this right.
⦁ Withdrawal can be made by correspondence at the address of the Seller's registered office or by e-mail to firstname.lastname@example.org.
⦁ If the Consumer withdraws from the contract, he/she shall send or hand over to the Seller at the same time the Goods received from the Seller. The cost of sending the Goods back to the Seller shall be borne by the Consumer.
⦁ The Consumer should return the goods complete, i.e. including all supplied accessories, with complete documentation, undamaged, clean, including the original packaging, in the condition and quantity in which the goods were received. If the Consumer does not return the Goods in their original condition, the Seller will not accept the withdrawal from the Contract.
⦁ If the Consumer withdraws from the contract, the Seller shall return to him without undue delay, but no later than 14 days after withdrawal from the contract, all funds received from him under the contract in the same manner.
⦁ The Buyer acknowledges that if gifts are provided with the Goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the right to withdraw from the purchase agreement is exercised within 14 days, the gift agreement shall cease to be effective and the Buyer shall be obliged to return the related gifts, including anything he/she has enriched himself/herself with the returned Goods. In the event that these are not returned, these values shall be regarded as unjustified enrichment of the Buyer. In the event of withdrawal from the gift contract, the purchase contract shall not be terminated and the contracts shall be treated separately in this respect.
Personal data protection
⦁ Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and other relevant legislation.
⦁ The personal data controller is the Seller, OSEQ s.r.o., company ID 098 45 038, registered office
Prokopa Holého 586, 281 51 Velký Osek, Czech Republic, email: ⦁ email@example.com,
⦁ The Seller, as the controller, will process the information you provide to the Seller in the context of the conclusion of the purchase contract. This includes, in particular, name, surname, address, contact details (e-mail, telephone), billing data and purchase data. The personal data will only be processed for the purpose of and in connection with the performance of the contract and, where applicable, for marketing communications by the Seller. However, personal data will only be used for marketing communications to the extent and subject to the conditions of the relevant legal regulations. The Buyer may unsubscribe at any time by clicking on the link contained in each marketing communication email.
⦁ Personal data will not be passed on or disclosed to third parties without further notice. The only exception to the above is the possible transfer to a state authority in accordance with the law (e.g. the Police of the Czech Republic) and the transfer to persons who provide certain services for the Seller, namely:
⦁ authorities or bodies authorised by law;
⦁ entities to which data are provided on the basis of concluded contracts relating to activities carried out by the Seller and to which the Seller entrusts the implementation of activities related to the need for data processing (processing entities), e.g. IT service companies, IT system operators, payment system operators, law firms and audit companies;
⦁ courier companies that provide shipping and mailing services that will deliver the ordered items to you;
⦁ the authorities or bodies to which the data will be disclosed on the basis of the consent of the data subject.
⦁ The legal basis for the processing of personal data is the purchase contract for the Goods concluded by the Buyer with the Seller. Failure to provide or delete personal data results in the impossibility of concluding or performing the contract.
⦁ Personal data will not be transferred to any third country or international organisation that does not provide adequate protection for personal data. In connection with the processing of personal data, the Buyer has the right to access, rectify or delete the personal data or to restrict the processing. Furthermore, the Buyer has the right to object to the processing as well as the right to transfer the data to another controller.
⦁ In connection with the protection of personal data, the Buyer has the right to file a complaint with the Office for Personal Data Protection. All information and contact details can be found on the Buyer's website: https://www.uoou.cz/.
⦁ The personal data will be processed only for the duration of the contract, and at most for the period during which the claims under the contract are enforceable in court, i.e. generally for a further 3 years. Personal data required by law to be processed will be processed for the period of time required by law. At the end of the processing period, the personal data will be destroyed without delay.
⦁ The processing of personal data does not involve automated decision-making, including profiling.
⦁ Individual purchase contracts may only be amended in writing.
⦁ If the meeting is required to be in writing, it shall be sufficient if it is done by electronic means.
⦁ The entrepreneur who enters into a contract with the Seller hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").
⦁ Any disputes between the Seller and the Consumer may also be resolved out of court. In such a case, the Consumer may contact an out-of-court dispute resolution entity, which is, for example, the Czech Trade Inspection Authority www.coi.cz. For more information on out-of-court dispute resolution, please visit https://www.coi.cz/informace-o-adr/. Before proceeding to out-of-court dispute resolution, we recommend that you first contact the Seller to resolve the situation.
Validity of the Terms and Conditions
⦁ These Terms and Conditions shall come into force and effect on 1 November 2021.
⦁ The Seller is entitled to unilaterally change the Terms and Conditions at any time, with the change becoming effective upon its publication on the Seller's website.
⦁ The provisions of the Purchase Agreements shall prevail over these Terms and Conditions.
⦁ These Terms and Conditions, as well as individual purchase contracts, are governed by Czech law, in particular the Civil Code.
OSEQ s. r. o.