Terms and conditions

I. Basic provisions
These general terms and conditions (hereinafter the “Terms and Conditions”) are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”)
Operator:

4CAD solution s.r.o.

Company ID:  14087880

VAT ID: CZ 14087880

registered office: Žirovnická 3133/6 | 106 00 | Praha

The company is registered in the Commercial Register
maintained by the Municipal Court in Prague, Section C, Insert 360375.              

Contact details:

email:  info@4-cad.cz

mobile: + 420 735 084 982

web: www.4-cad.cz

(hereinafter the “Seller”)

These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside the scope of their business activity as a consumer, or within the scope of their business activity (hereinafter the “Buyer”), via the web interface located on the website available at www.eshop.4-cad.cz (hereinafter the “Online Shop”).
The provisions of the Terms and Conditions form an integral part of the purchase contract. Any deviating arrangements in the purchase contract take precedence over the provisions of these Terms and Conditions.
These Terms and Conditions and the purchase contract are concluded in the Czech language.
 

II. Information on goods and prices
Information on the goods, including the prices of individual goods and their main characteristics, is given for each item in the Online Shop catalogue. Prices of goods include value added tax, all related fees and the costs of returning the goods if, by their nature, the goods cannot be returned by regular post. Prices of goods remain valid for as long as they are displayed in the Online Shop. This provision does not preclude the conclusion of a purchase contract on individually agreed terms.
All presentation of goods in the Online Shop catalogue is for information purposes only and the Seller is not obliged to conclude a purchase contract regarding such goods.
Information on the costs associated with packaging and delivery of the goods is published in the Online Shop. The information on packaging and delivery costs stated in the Online Shop applies only where the goods are delivered within the territory of the Czech Republic.
Any discounts on the purchase price of goods cannot be combined with one another unless the Seller and the Buyer agree otherwise.
 

III. Order and conclusion of the purchase contract
Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the Buyer. These costs do not differ from the basic rate.
The Buyer places an order for goods in the following ways:
via their customer account, if they have previously registered in the Online Shop,
by completing the order form without registration.  
When placing an order, the Buyer selects the goods, the number of items, the method of payment and the method of delivery.
Before sending the order, the Buyer is allowed to check and change the data entered in the order. The Buyer sends the order to the Seller by clicking the button…… . The data stated in the order are deemed correct by the Seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the Buyer’s confirmation that they have read these Terms and Conditions.
Immediately after receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address the Buyer provided when ordering. This confirmation is automatic and is not deemed to constitute conclusion of the contract. The Seller’s current Terms and Conditions are attached to the confirmation. The purchase contract is concluded only upon the Seller’s acceptance of the order. Notification of acceptance of the order is delivered to the Buyer’s email address. / Immediately after receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address the Buyer provided when ordering. This confirmation is deemed to constitute conclusion of the contract. The Seller’s current Terms and Conditions are attached to the confirmation. The purchase contract is concluded by the Seller’s confirmation of the order sent to the Buyer’s email address.
If the Seller cannot meet any of the requirements stated in the order, the Seller sends the Buyer an amended offer to the Buyer’s email address. The amended offer is deemed a new proposal for a purchase contract, and in such a case the purchase contract is concluded by the Buyer’s confirmation of acceptance of this offer sent to the Seller at the Seller’s email address stated in these Terms and Conditions.
All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification that the Seller has accepted the order. The Buyer may cancel an order by telephone at the Seller’s telephone number or by email at the Seller’s email address stated in these Terms and Conditions.
If an obvious technical error occurred on the part of the Seller when stating the price of goods in the Online Shop or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this clearly erroneous price, even if the Buyer has been sent an automatic confirmation of receipt of the order under these Terms and Conditions. The Seller informs the Buyer of the error without undue delay and sends the Buyer an amended offer to the Buyer’s email address. The amended offer is deemed a new proposal for a purchase contract, and in such a case the purchase contract is concluded by the Buyer’s confirmation of acceptance sent to the Seller’s email address.
 

IV. Customer account
Based on registration carried out in the Online Shop, the Buyer may access their customer account. From their customer account, the Buyer may order goods. The Buyer may also order goods without registration.
When registering for a customer account and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data stated in the user account whenever they change. The data stated by the Buyer in the customer account and when ordering goods are deemed correct by the Seller.
Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not liable for any misuse of the customer account by third parties.
The Buyer is not entitled to allow third parties to use the customer account.
The Seller may cancel the user account, in particular if the Buyer has not used their user account for an extended period, or if the Buyer breaches their obligations under the purchase contract or these Terms and Conditions.
The Buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the Seller’s hardware and software or, as the case may be, necessary maintenance of the hardware and software of third parties.
 

V. Payment terms and delivery of goods
The Buyer may pay the price of the goods and any costs associated with delivery of the goods under the purchase contract in the following ways:
cashless transfer to the Seller’s bank account No. 243647968/0600, held with Moneta Money Bank, a.s.,  IBAN: CZ67 0600 0000 0002 4364 7968, BIC/SWIFT: AGBAZPP)
for payments in EUR, No. 244616696/0600, held with Moneta Money Bank, a.s., IBAN: CZ73 0600 0000 0002 4461 6696, BIC/SWIFT: AGBAZPP)
cashless by payment card,
cashless transfer to the Seller’s account via a payment gateway.
Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with delivery of the goods.
In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.
In the case of payment via a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.
In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s bank account.
The Seller does not require any advance or other similar payment from the Buyer. Payment of the purchase price before dispatch of the goods is not an advance payment.
Under the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sale with the tax administrator online or, in the event of a technical outage, within 48 hours at the latest
The goods are delivered to the Buyer:
to the address specified by the Buyer in the order,
via a parcel pick-up point, to the address of the pick-up point specified by the Buyer.
The delivery method is selected during the ordering of goods.
The costs of delivering the goods, depending on the method of dispatch and receipt of the goods, are stated in the Buyer’s order and in the Seller’s order confirmation. If the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with that method of transport.
If, under the purchase contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. If, for reasons on the part of the Buyer, the goods have to be delivered repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with the other method of delivery.
When taking over the goods from the carrier, the Buyer is obliged to check that the packaging of the goods is intact and to notify the carrier immediately of any defects. If the packaging is found to be damaged in a way indicating unauthorised entry into the consignment, the Buyer does not have to accept the consignment from the carrier.
The Seller issues the Buyer a tax document – an invoice. The tax document is sent to the Buyer’s email address. The tax document is enclosed with the delivered goods.
The Buyer acquires ownership of the goods upon payment of the full purchase price for the goods, including delivery costs, but not before taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods but failed to do so in breach of the purchase contract.
 

VI. Gift vouchers and discount codes
When placing an order, the Buyer may enter codes from purchased gift vouchers and discount codes provided by the Seller in accordance with their rules.
Unless expressly stated otherwise by the Seller, gift vouchers and discount codes cannot be applied repeatedly, nor can they be combined with one another.
Discount codes cannot be applied to goods on clearance sale.
In the event of withdrawal from the purchase contract for any reason, or any other justified return by the Buyer to the Seller of goods purchased wholly or partly on the basis of a discount code, the Buyer is only entitled to a refund of the amount actually paid for the purchase of the goods.
If a gift voucher or discount code has a limited period of validity, the Buyer is entitled to use the gift voucher or discount code only before that period expires. The Seller does not provide money or any other form of compensation for the unused value of a gift voucher or discount code.
A gift voucher or discount code cannot be exchanged for money. If the Buyer purchases goods at a lower price than the value of the gift voucher or discount code, the Buyer is not entitled to payment of the difference in value of the gift voucher or discount code, nor to a new gift voucher or discount code for the remaining value of the originally applied gift voucher or discount code.
If a gift voucher or discount code is applied in breach of the Seller’s rules set out in this article, the Seller has the right to reject the gift voucher or discount code so applied and to withdraw from the concluded purchase contract.
 

VII. Withdrawal from the contract
A Buyer who has concluded a purchase contract outside the scope of their business activity as a consumer has the right to withdraw from the purchase contract.
The period for withdrawal from the contract is 21 days
from the date of taking over the goods,
from the date of taking over the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts,
from the date of taking over the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
The Buyer cannot, among other things, withdraw from a purchase contract:
for the provision of services, if they have been performed with the Buyer’s prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer before the conclusion of the contract that in such a case the Buyer has no right to withdraw from the contract,
for the supply of goods or services whose price depends on fluctuations in the financial market independent of the Seller’s will and which may occur during the withdrawal period,
for the supply of alcoholic beverages that can only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the Seller’s will,
for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer personally,
for the supply of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery,
for the supply of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygiene reasons,
for the supply of an audio or video recording or a computer program if the Buyer has broken its original packaging,
for the supply of newspapers, periodicals or magazines,
for the supply of digital content, if it was not supplied on a tangible medium and was supplied with the Buyer’s prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer before the conclusion of the contract that in such a case the Buyer has no right to withdraw from the contract,
in other cases specified in § 1837 of the Civil Code.
To meet the withdrawal period, the Buyer must send the notice of withdrawal within the withdrawal period.
To withdraw from the purchase contract, the Buyer may use the model withdrawal form provided by the Seller. The Buyer sends the withdrawal from the purchase contract to the Seller’s email or postal address stated in these Terms and Conditions. The Seller confirms receipt of the form to the Buyer without undue delay.
A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawing from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by regular post due to their nature.
If the Buyer withdraws from the contract, the Seller refunds to the Buyer without undue delay, and no later than 14 days after the withdrawal from the contract, all funds including delivery costs received from the Buyer, using the same method. The Seller will refund the funds received to the Buyer by another method only if the Buyer agrees and if no additional costs are incurred by the Buyer as a result.
If the Buyer has chosen a method of delivery other than the cheapest method offered by the Seller, the Seller refunds the Buyer the delivery costs in the amount corresponding to the cheapest delivery method offered.
If the Buyer withdraws from the purchase contract, the Seller is not obliged to refund the funds received to the Buyer before the Buyer hands over the goods or proves that the goods have been sent to the Seller.
The Buyer must return the goods to the Seller undamaged, unworn and clean and, if possible, in the original packaging. The Seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.
The Seller is entitled to withdraw from the purchase contract if stock is sold out, the goods are unavailable, or the manufacturer, importer or supplier of the goods has discontinued production or import of the goods. The Seller informs the Buyer without undue delay via the email address stated in the order and, within 14 days of the notice of withdrawal from the purchase contract, refunds all funds including delivery costs received from the Buyer under the contract, using the same method or a method specified by the Buyer.
 

VIII. Rights arising from defective performance
The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that, at the time the Buyer took over the goods:
the goods have the characteristics agreed by the parties and, in the absence of an agreement, such characteristics as the Seller or the manufacturer described or as the Buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,
the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
the quality or design of the goods corresponds to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
the goods are in the appropriate quantity, measure or weight and comply with the requirements of legal regulations.
The Seller’s obligations arising from defective performance apply at least to the extent that the manufacturer’s obligations arising from defective performance last. Otherwise, the Buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt.
If the period for which the goods can be used is stated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee apply. By the quality guarantee, the Seller undertakes that the goods will be fit for use for the usual purpose or will retain their usual characteristics for a certain period. If the Buyer has rightfully notified the Seller of a defect in the goods, the period for exercising rights arising from defective performance and the warranty period do not run for the period during which the Buyer cannot use the defective goods.
The provisions stated in the previous paragraph of the Terms and Conditions do not apply to goods sold at a lower price with regard to the defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods with regard to a defect corresponding to the degree of use or wear and tear the goods had when taken over by the Buyer, or if this follows from the nature of the goods. The Buyer is not entitled to the right arising from defective performance if the Buyer knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect themselves.
If a defect occurs, the Buyer may submit a complaint to the Seller and request:
replacement with new goods,
repair of the goods,
a reasonable discount on the purchase price,
withdrawal from the contract.
The Buyer has the right to withdraw from the contract:
if the goods have a material defect,
if the Buyer cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
in the case of a larger number of defects in the goods.
A material breach of contract is one where the party in breach knew or must have known at the time of concluding the contract that the other party would not have concluded the contract had it foreseen such a breach.
In the case of a defect constituting a non-material breach of contract (regardless of whether the defect is remediable or irremediable), the Buyer is entitled to have the defect remedied or to a reasonable discount on the purchase price.
If a remediable defect has recurred after repair (usually the third complaint for the same fault or the fourth for different faults) or the goods have a larger number of defects (as a rule at least three defects at the same time), the Buyer has the right to claim a discount on the purchase price, replacement of the goods or to withdraw from the contract.
When making a complaint, the Buyer is obliged to inform the Seller which right they have chosen. A change of choice without the Seller’s consent is possible only if the Buyer requested repair of a defect that proves to be irremediable. If the Buyer does not choose their right arising from a material breach of contract in time, the Buyer has the same rights as in the case of a non-material breach of contract.
If repair or replacement of the goods is not possible, the Buyer may, on the basis of withdrawal from the contract, request a refund of the purchase price in full.
If the Seller proves that the Buyer knew about the defect in the goods before taking them over or caused it themselves, the Seller is not obliged to satisfy the Buyer’s claim.
The Buyer cannot make a complaint about discounted goods for the reason for which the goods were discounted.
The Seller is obliged to accept a complaint at any establishment where acceptance of the complaint is possible, or at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation stating when the Buyer exercised the right, what the content of the complaint is and what method of handling the complaint the Buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair carried out and its duration, or a written justification for rejecting the complaint.
The Seller or an employee authorised by the Seller decides on the complaint immediately, in complex cases within three working days. This period does not include the time reasonable for the type of product or service required for a professional assessment of the defect. The complaint, including remedying the defect, must be handled without undue delay, no later than 30 days from the date the complaint was made, unless the Seller and the Buyer agree on a longer period. The fruitless expiry of this period is deemed a material breach of contract and the Buyer has the right to withdraw from the purchase contract. The moment the complaint is made is deemed to be the moment when the Buyer’s expression of will (exercise of the right arising from defective performance) reaches the Seller.
The Seller informs the Buyer of the outcome of the complaint in writing.
The Buyer is not entitled to the right arising from defective performance if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect themselves.
In the case of a justified complaint, the Buyer has the right to reimbursement of costs reasonably incurred in connection with making the complaint. The Buyer may exercise this right against the Seller within one month after the expiry of the warranty period; otherwise the court may not grant it.
The choice of the method of complaint lies with the Buyer.
The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.
Other rights and obligations of the parties related to the Seller’s liability for defects are governed by the Seller’s complaints procedure.
 

IX. Delivery of correspondence
The contracting parties may deliver all written correspondence to each other by electronic mail.
The Buyer delivers correspondence to the Seller to the email address stated in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the email address stated in the Buyer’s customer account or in the order.
 

 X. Personal data
All information you provide during our cooperation is confidential and we will treat it as such. Unless you give us written permission, we will not use your data in any way other than for the purpose of performing the contract, with the exception of your email address, to which commercial communications may be sent, as this procedure is permitted by law unless you refuse it. These communications may only relate to similar or related goods, and you can unsubscribe from them at any time in a simple way (by sending a letter, an email or by clicking the link in the commercial communication). For this purpose, the email address will be kept for 3 years from the conclusion of the last contract between the contracting parties.
More detailed information on the protection of personal data can be found in the Privacy Policy HERE.
 

XI. Out-of-court dispute resolution
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company ID: 000 20 869, web address: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, web address: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
The Seller is authorised to sell goods on the basis of a trade licence. Trade inspection is carried out by the competent trade licensing office within the scope of its powers. The Czech Trade Inspection Authority supervises, to a defined extent, compliance with Act No. 634/1992 Coll., on Consumer Protection, among other things.
 

XII. Final provisions
All arrangements between the Seller and the Buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826(1)(e) of the Civil Code.
All rights to the Seller’s website, in particular copyright to the content, including the page layout, photos, films, graphics, trademarks, logo and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part of it without the Seller’s consent.
The Seller is not liable for errors resulting from third-party interference with the Online Shop or from its use contrary to its intended purpose. When using the Online Shop, the Buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could enable the Buyer or third parties to interfere without authorisation with, or use without authorisation, the software or other components forming the Online Shop, or to use the Online Shop or its parts or software in a manner contrary to its intended purpose or function.
The Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765(2) of the Civil Code.
The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect rights and obligations that arose during the effectiveness of the previous wording of the Terms and Conditions.
The model form for withdrawal from the contract is annexed to the Terms and Conditions.
 

These Terms and Conditions take effect on 1 December 2023.