Terms and Conditions

Introductory Provisions

1.1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of Simona Juříčková, with its registered office at Jalubí 586, Jalubí, Postal Code 687 05, Company ID No.: 23046473 (hereinafter referred to as the "Seller"), govern the mutual rights and obligations of the contracting parties arising from or in connection with the conclusion of a purchase agreement between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the online store (hereinafter referred to as the "Online Store") available at https://www.3dstar.cz (hereinafter referred to as the "Website").

1.2. These Terms and Conditions do not apply where a person intending to purchase goods from the Seller acts within the scope of their business activity or profession. Such business transactions shall be governed by the applicable provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").

1.3. The display of goods on the Website does not constitute an offer within the meaning of Section 1732(2) of the Civil Code.

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Buyer Registration

2.1. Based on the Buyer's registration on the Website (hereinafter referred to as as the "Registration"), the Buyer may access their user account. Through the user account, the Buyer may place orders for goods (hereinafter referred to as the "User Account").

2.2. The Buyer may also place orders without registration, directly through the Website.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to keep all information necessary to access the User Account confidential and to take appropriate care in protecting such information. The Buyer is entitled to use the User Account only personally and may not allow any third party to use it.

2.4. When ordering goods, the Buyer is obliged to provide accurate and truthful information. The Buyer shall update the information provided in the User Account whenever any changes occur. The information provided by the Buyer when placing an order shall be deemed correct by the Seller.

Orders and Conclusion of the Purchase Agreement

3.1. The Online Store contains a list of goods offered for sale by the Seller, including the prices of individual goods. The listed prices include value added tax (VAT), where applicable. The offer of goods and their prices remain valid for as long as they are displayed on the Website. All offers displayed in the Online Store are non-binding, and the Seller is not obliged to conclude a purchase agreement regarding the offered goods.

3.2. Information regarding shipping and delivery costs displayed on the Website applies only to deliveries within the territory of the Czech Republic.

3.3. To place an order, the Buyer adds the selected goods to the shopping cart and follows the instructions provided during the ordering process. The Buyer completes the order form, which includes, in particular, information regarding customer login options and the Buyer's delivery details.

3.4. After confirming the information entered in the order form, the Buyer will be prompted to select the preferred method of payment for the purchase price.

3.5. Before submitting the order to the Seller, the Buyer is given the opportunity to review and modify all information entered in the order, including the correction of any errors made during the ordering process (hereinafter collectively referred to as the "Order").

3.6. The Buyer submits the Order to the Seller by clicking the "Submit Order" button. The information provided in the Order shall be deemed correct by the Seller. Upon receipt of the Order, the Seller shall promptly confirm its receipt by email sent to the Buyer's email address provided in the Order (hereinafter referred to as the "Buyer's Email Address").

3.7. The contractual relationship between the Seller and the Buyer is established upon delivery of the Seller's acceptance of the Order, which is sent by email to the Buyer's Email Address.

3.8. The Buyer agrees to the use of distance communication means when concluding the purchase agreement. Any costs incurred by the Buyer in connection with the use of distance communication means (such as internet connection fees or telephone charges) shall be borne solely by the Buyer.

3.9. During discount periods, Christmas campaigns and/or special promotional events, delivery times may be extended by up to 5 business days.

3.10. The Buyer acknowledges that the Seller is not obliged to conclude a purchase agreement, particularly with persons who have previously materially breached their obligations towards the Seller.

Price of Goods, Payment and Delivery Terms

Price of Goods, Payment and Delivery Terms

4.1. The Buyer may pay the purchase price of the goods and any costs associated with the delivery of the goods to the Seller using any of the payment methods offered on the Website. In addition to the purchase price, the Buyer shall also pay the costs of packaging and delivery of the goods. Unless expressly stated otherwise, the term "purchase price" shall also include the costs associated with the delivery of the goods.

4.2. If payment is made Cash on Delivery (COD), the purchase price shall be payable upon receipt of the goods. If payment is made by bank transfer, the purchase price shall be paid within 5 days of the conclusion of the Purchase Agreement. When making payment by bank transfer, the Buyer shall include the payment reference number (variable symbol). The Buyer's obligation to pay the purchase price by bank transfer is fulfilled when the relevant amount is credited to the Seller's bank account.

If payment is made by Online Card Payment, the transaction is processed through the Shoptet Pay payment gateway and is subject to the terms and conditions of the payment provider, available at www.shoptetpay.com. In the case of Online Card Payment, the purchase price shall be paid within 7 calendar days.

4.3. Any discounts provided by the Seller may not be combined unless expressly stated otherwise.

4.4. Shipping and packaging charges depend on the total value of the Order.

4.5. Upon receipt of the goods from the carrier, the Buyer is obliged to inspect the packaging for any visible damage and immediately notify the carrier of any defects. If the packaging shows signs of unauthorized opening or damage, the Buyer may refuse to accept the shipment.

By signing the delivery note, the Buyer confirms that the shipment was delivered in satisfactory condition. Any subsequent claims regarding damaged packaging may not be accepted.

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Withdrawal from the Purchase Agreement

5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement for goods that have been customized or manufactured according to the Buyer's specifications.

5.2. Unless the case referred to in Article 5.1 or any other statutory exception applies, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receiving the goods, in accordance with Section 1829(1) of the Civil Code.

The withdrawal period shall be deemed complied with if the Buyer sends the notice of withdrawal before the expiry of the withdrawal period.

The notice of withdrawal may be sent to the Seller's business address:

Simona Juříčková
Jalubí 586
687 05 Jalubí
Czech Republic

or by email to:

info@3dstar.cz

5.3. If the Buyer withdraws from the Purchase Agreement in accordance with Article 5.2, the Purchase Agreement shall be cancelled from the outset.

The Buyer shall return the goods to the Seller within fourteen (14) working days of sending the notice of withdrawal. The returned goods must be undamaged, unused, and, where applicable, include all original tags and accessories.

5.4. Within ten (10) days of receiving the returned goods, the Seller is entitled to inspect them, in particular to determine whether the returned goods have been damaged or excessively worn.

5.5. The Buyer shall bear the costs associated with returning the goods when exercising the right of withdrawal under Article 5.2.

5.6. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2, the Seller shall refund all payments received from the Buyer, including the costs of the least expensive standard delivery method offered by the Seller, without undue delay and no later than 14 days from the date of withdrawal.

If the Buyer selected a delivery method other than the least expensive standard delivery option offered by the Seller, the Seller shall refund only the amount corresponding to that standard delivery method.

The Seller is not obliged to issue the refund before receiving the returned goods or before the Buyer provides proof that the goods have been returned, whichever occurs first.

5.7. The Buyer acknowledges that if the returned goods are damaged, worn, or partially consumed, the Seller shall be entitled to compensation for the resulting loss or damage. The Seller may unilaterally offset such compensation against the amount to be refunded to the Buyer.

5.8. Gift vouchers purchased from the Seller cannot be exchanged for cash. Any remaining balance between the value of the voucher and the price of the selected goods is non-refundable.

1. Rights Arising from Defective Performance

   6.1. The rights and obligations of the contracting parties concerning the Seller's liability for defects, including warranty liability, shall be governed by the applicable generally binding legal regulations, in particular the relevant provisions of the Czech Civil Code (Section 2158 et seq.).

   6.2. The Seller is responsible to the Buyer for ensuring that the goods conform to the Purchase Agreement, in particular that they are free from defects.

   Goods are deemed to conform to the Purchase Agreement if they:

   • possess the quality and characteristics agreed upon in the Purchase Agreement;
   • correspond to the description provided by the Seller or the expectations created by the Seller's advertising;
   • are suitable for the purpose for which goods of that kind are normally used;
   • comply with applicable legal requirements; and
   • correspond in quantity, size and weight to the agreed specifications.

   6.3. The Seller provides a 24-month warranty for the goods unless a different warranty period is expressly stated for the specific product or in the warranty certificate.

   The warranty does not apply:

   • to goods sold at a reduced price due to a defect for which the reduced price was agreed;
   • to normal wear and tear caused by ordinary use;
   • to used goods where the defect corresponds to the degree of prior use or wear existing at the time of delivery;
   • or where this follows from the nature of the goods.

   The warranty period begins on the day the Buyer receives the goods. If the goods are delivered by a carrier, the warranty period begins upon delivery to the place specified by the Buyer.

   The warranty period is suspended for the duration of the claims procedure, from the moment the claim is submitted until the Buyer is required to collect the repaired or replaced goods.

   If the complaint is resolved by replacing the product, a new warranty period begins for the replacement product. If only a defective component is replaced, the new warranty applies only to that replaced component.

   6.4. The Buyer is obliged to report any defect without undue delay after discovering it. Continued use of defective goods may result in further damage or deterioration and may constitute grounds for rejection of the warranty claim.

   6.5. Warranty claims shall be submitted by sending the goods to:

   Simona Juříčková
   Jalubí 586
   687 05 Jalubí
   Czech Republic

   The Buyer shall also describe the defect and specify which remedy under the rights arising from defective performance is being claimed.

   6.6. If the defective performance constitutes a material breach of the Purchase Agreement, the Buyer is entitled to choose one of the following remedies:

   a) replacement of the goods with new defect-free goods or delivery of the missing goods;

   b) repair of the goods;

   c) a reasonable discount from the purchase price; or

   d) withdrawal from the Purchase Agreement.

   The Buyer shall notify the Seller of the chosen remedy when reporting the defect or without undue delay thereafter. If the Buyer fails to choose a remedy in time, the rights applicable to a non-material breach of contract shall apply in accordance with the Czech Civil Code.

   6.7. If the defective performance constitutes a non-material breach of the Purchase Agreement, the Buyer has the right to request either:

   • repair of the defect; or
   • a reasonable reduction in the purchase price.

   6.8. Where the Buyer requests repair of the goods, the Seller shall repair the defect free of charge, within a reasonable time and properly.

   The Seller shall remedy the defect without undue delay, but no later than 30 calendar days from the date the warranty claim is made.

   A defect is considered repairable if it can be remedied without adversely affecting the appearance, functionality or quality of the goods.

   6.9. The following shall not be regarded as defects:

   • normal wear and tear occurring during the warranty period;
   • damage resulting from improper use;
   • insufficient or inappropriate maintenance;
   • natural changes in the properties of the material from which the goods are made;
   • damage caused by external influences; or
   • damage resulting from improper handling by the Buyer or a third party.

   6.10. If a defect becomes apparent within one (1) year of delivery, it shall be presumed that the goods were already defective at the time of delivery, unless the nature of the goods or the defect proves otherwise.

   For the purposes of these Terms and Conditions, a warranty claim is deemed to have been made on the date the Seller receives the defective goods from the Buyer.

Additional Rights and Obligations of the Contracting Parties

7.1. Ownership of the goods passes to the Buyer upon full payment of the purchase price.

7.2. The Buyer is responsible for selecting goods that meet their requirements with regard to type, size, intended use, material composition, and care instructions. Before purchasing the goods, the Buyer shall consider their intended purpose, design, material composition, and maintenance requirements.

7.3. If instructions for the use of the goods are provided, the Buyer is obliged to familiarize themselves with these instructions before using the goods and to follow them accordingly.

7.4. The Buyer acknowledges that the software and all other components forming the Website of the Online Store, including photographs of the goods offered, are protected by copyright. The Buyer undertakes not to engage in any activity that could enable the Buyer or any third party to unlawfully interfere with or make unauthorized use of the software or any other components of the Website.

7.5. The Buyer shall not use any mechanisms, software, or other procedures when using the Website that could negatively affect its operation. The Website may only be used in a manner that does not infringe upon the rights of other customers or interfere with its intended purpose.

7.6. The Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Czech Civil Code.

7.7. The Buyer acknowledges that the Seller shall not be liable for any errors resulting from unauthorized interference by third parties with the Website or from the use of the Website in a manner contrary to its intended purpose.

7.8. In accordance with the Czech Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. The Seller is also required to record the received payment with the tax authority online; in the event of a technical failure, no later than 48 hours thereafter.

Privacy Protection

8.1. The Seller processes all personal data solely for the purpose of fulfilling the Purchase Agreement in accordance with these Terms and Conditions.

8.2. Personal data shall not be disclosed to any third party without the Buyer's consent, unless required by law.

8.3. The protection of the Buyer's personal data is ensured in accordance with the applicable legal regulations governing the protection of personal data.

8.4. The Buyer consents to the processing of the following personal data:

• Full name or, where applicable, business name and Company Identification Number;
• Date of birth;
• Residential address or registered office address;
• Telephone number;
• E-mail address;
• Delivery address;
• Bank account details.

8.5. The Buyer's personal data shall be processed for the duration of the contractual relationship.

8.6. The Buyer has the right to access their personal data, request its correction, completion, deletion, or request an explanation and remedy of any unlawful processing by sending a request via e-mail to info@3dstar.cz or in writing to the Seller's registered address. The Buyer shall be informed of the outcome in writing or by e-mail within one calendar month.

8.7. Where the Seller processes the Buyer's personal data for marketing purposes, such processing shall be based solely on the Buyer's separate consent and shall not form part of these Terms and Conditions.

8.8. Where the Buyer has granted consent (for example, in connection with competitions, promotional campaigns, or similar activities), or where the Seller processes the Buyer's name, surname, address, and e-mail address and the Buyer has not objected to such processing for marketing purposes, including the promotion of products and services and the sending of commercial communications, such personal data shall be processed until the consent is withdrawn. Consent may be withdrawn either in writing to the Seller's address or through the unsubscribe option contained in each marketing e-mail.

8.9. Where personal data is processed pursuant to Article 8.8, it shall be processed for the period specified in the consent. The Seller declares that the Buyer will be appropriately informed of new products and services.

Alternative Dispute Resolution for Consumer Disputes

9.1. Supervision of compliance with obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority (Česká obchodní inspekce), Central Inspectorate – ADR Department, Gorazdova 1969/24, 120 00 Prague 2, Czech Republic.

E-mail: adr@coi.gov.cz

Website: https://coi.gov.cz/informace-o-adr/

9.2. The purpose of alternative dispute resolution (ADR) is to achieve an amicable settlement of consumer disputes by mutual agreement between the parties.

1. Final Provisions

   10.1. Unless otherwise agreed, all correspondence relating to the Purchase Agreement shall be delivered to the other contracting party in writing, either by e-mail, in person, or by registered mail through a postal service provider, at the sender's discretion. Correspondence intended for the Buyer shall be delivered to the e-mail address provided in the Order.

   10.2. The Seller reserves the right to amend or supplement these Terms and Conditions at any time. The current version of the Terms and Conditions shall always be available on the Website. Such amendments shall not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.

   10.3. If any relationship arising from the use of the Website or any legal relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that such relationship shall be governed by the laws of the Czech Republic. This provision does not affect the consumer's rights under mandatory applicable legal regulations.

   10.4. If any provision of these Terms and Conditions is or becomes invalid or unenforceable, such provision shall be replaced by a valid provision whose purpose most closely reflects the intent of the original provision. The invalidity or unenforceability of any individual provision shall not affect the validity or enforceability of the remaining provisions. Any amendments or supplements to the Purchase Agreement or these Terms and Conditions must be made in writing.

   10.5. The Purchase Agreement, including these Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.

   These Terms and Conditions shall enter into force on 1 July 2025.