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Terms and conditions

of the Sole Proprietor

Adama Kupky

with registered office Olomouc, Neředín, Stiborova 599/31, post code 779 00
identification number: 19520280
registered in the Trade Register and doing business on the basis of a trade permit telephone number: +420 605 194 994
e-mail delivery address: info@printersplease.cz

regarding the use of the PrintersPlease portal at www.printersplease.cz

INTRODUCTORY PROVISIONS

These terms and conditions (hereinafter referred to as "Terms and Conditions") are issued by Adam Kupka with registered office in Olomouc, Neředín, Stiborova 599/31, Post Code 779 00, identification number: 19520280, a Sole Proprietor registered in the Trade Register and doing business on the basis of a trade license (hereinafter referred to as the "Operator"), as the Operator of the PrintersPlease portal (hereinafter referred to as the "Portal"). The Portal is operated by the Operator on a website located at the internet address www.printersplease.cz (hereinafter referred to as the "Website") through the Website interface (hereinafter referred to as the "Portal Web Interface"). In accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), the Terms and Conditions regulate the mutual rights and obligations arising from the contractual relationship between the Operator and persons using the Portal to the offer and demand for printing on 3D printers (hereinafter referred to as "User") under the conditions set out hereafter. The Portal is focused on displaying inquiries and offers for 3D printing by Users and enables Users to search for offers and inquiries for 3D printing published on the Portal.

Users of the Portal are both persons who are interested in having a specific object printed on a 3D printer and sent to them for a fee (hereinafter referred to as "Interested Party"), and also persons who dispose of a 3D printer and offer to print on this 3D printer for a fee (hereinafter referred to as "Printers"). Users of the Portal can be both sole proprietors and consumers within the meaning of the Civil Code. In cases where the User is a consumer in relation to the Operator and a consumer dispute arises that cannot be resolved by mutual agreement, the User as a consumer can submit a proposal for an out-of-court settlement of the consumer dispute to the Czech Trade Inspection (Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, website: adr.coi.cz). In these cases, the User, who is in the position of a consumer, can also use the platform for resolving consumer disputes online, which is established by the European Commission and is available at the Internet address https://ec.europa.eu/consumers/odr/.

The Web interface of the Portal enables Interested Parties to place Orders, which are inquiries for 3D printing (hereinafter referred to as "Orders"), also without registration directly from the Web Interface of the Portal. Only registered Printers can publish 3D printing offers on the Portal.

The provisions of these Terms and Conditions are an integral part of the Contract for the use of the Portal concluded between the Operator and the User (hereinafter referred to as the "Contract") and form the content of the Contract, or together (but not exclusively) with the special provisions of the Contract separately agreed between the Operator and the User. Users agree to use remote means of communication when concluding the Contract. The costs incurred by the User when using remote means of communication in connection with the conclusion of the Contract (costs of Internet connection, costs of telephone calls) are paid by the User, and these costs do not differ from the basic rate.

The Contract is concluded and the contractual relationship between the Operator and the User is thus established for the benefit of:

Since the Contract is concluded remotely, the User as a consumer may withdraw from it by any unambiguous statement made to the Operator without giving a reason within fourteen days of its conclusion, for which the sample withdrawal form provided to the User upon completion of registration, or when sending an Order for 3D printing without registration directly from the Web Interface of the Portal. By confirming that he/she has read and agreed to these Terms and Conditions before concluding the Contract, the User who is a consumer also expresses his/her consent and requests that the Operator, as the Sole Proprietor, begin fulfilling his/her obligations under the Contract within the period for withdrawing from the Contract, when the Operator provides instructions, that if the services were provided according to the Contract, the right to withdraw from the Contract ceases.

The Contract concluded by the Interested Party, who requests 3D printing with an Order without registration directly from the Portal's Web interface, is concluded for a fixed period, for the period before the contractual relationship between this Interested Party and the Printer chosen by him/her is established and for the duration realization of 3D printing. In other cases, the Contract is concluded for an indefinite period. The User has the right to terminate the Contract for an indefinite period of time without giving a reason by using the link "Cancel the Account" or "Terminate the Contract" or another link with a similar meaning on the relevant page. The Contract can also be terminated by wrien notice, either paper or electronic, delivered to the Operator in any suitable way, i.e. in person or through a postal service operator at the address of the registered office or via electronic mail. Termination is effective immediately upon delivery of the notice to the Operator. Termination of the Contract by termination does not release the User from the obligation to fulfil his/her obligations to other Users or the Operator, which he/she assumed up to that moment.

Provisions deviating from the Terms and Conditions may be negotiated separately between the Operator and the User through special provisions of the Contract, whereby these special provisions (agreed in the Contract) take precedence over the provisions of the Terms and Conditions. The Contract and Terms and Conditions are drawn up in the Czech language, the Contract can only be concluded in the Czech language

The Operator may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.

REGISTRATION AND USER ACCOUNT

Based on the User's registration on the Website, the User can access his/her user interface, which he/she establishes through the registration process, and from his/her user interface, the User can place his/her Orders or 3D printing offer (hereinafter referred to as "User Account").

Among other things, these Terms and Conditions regulate the rights and obligations of the Operator and Users when registering, logging in or logging out from the User Account.

The User starts the registration process using the links "Registration" or "Create a User Account" or "Register" or another similar link on the relevant page.

The User is obliged to accept these Terms and Conditions upon registration, otherwise the registration cannot be completed. By selecting the option "I confirm that I have read the Terms and Conditions, including the personal data protection policy, and I agree with them" or other options with similar content displayed on the relevant page, the User confirms that he/she has read and agreed to these Terms and Conditions, which the User can view when opening the link "Terms and Conditions" or a similar link displayed on the relevant page.

In addition, before completing the registration, the User is obliged to express his/her consent to the commencement of performance before the expiration of the withdrawal period by selecting the option "I agree and request that the Operator, as the Sole Proprietor, begins to fulfil his/her obligations under the Contract within the period for withdrawal from the Contract, when the Operator provides instructions that if the services have been provided according to the Contract, the right to withdraw from the Contract expires", otherwise the registration cannot be completed.

When registering on the Website, the User is obliged to provide all data completely, correctly and truthfully. The User is obliged to update the data listed in the User Account in case of any change. The data provided in the User Account are considered correct, the User is responsible for their completeness, truthfulness and correctness.

The User Account consists of:

Access to the User Account is secured by the Username and access password that the registered User enters when logging in to the Portal through his/her User Account. The User is obliged to maintain confidentiality regarding the information necessary to access his/her User Account. The User is not authorized to allow third parties to use the User Account. To log out of the Portal through his/her User Account, the User uses the "Log Out" link, or "Logout" or other similar link on the relevant page. By logging out of the User Account, the User is logged out of the Portal and the User is prevented from using the Portal in a way that requires logging in to the User Account.

As part of the User Account, a User Profile (hereinafter referred to as the "User Profile") is created for each User, which contains the User Name (User Account data as stated in paragraph a) above) and, if the User is a Printer, also the Printer's e-mail address (User Account Data) as stated in paragraph c) above), information about the location of the Printer (User Account data stated in paragraph g) above), possibly information about the 3D printer (voluntarily provided User Account data as stated in paragraph h) above) and also other data designated for publication by the decision of the Printer. The User Profile data in the case of a User who is a Printer is visible to all Portal Users. The User Profile data in the case of a User who is a specific Interested Party is visible only to the Printer to whom this specific Interested Party addresses his/her Order.

The process of registering and creating a User Account is completed by sending a completed registration form containing at least all mandatory data forming a User Account. Upon completion of the registration process and creation of a User Account, the Operator sends the User a confirmation in electronic form to the e-mail address entered by him/her, which confirms the completion of the registration process and creation of the User Account. The electronic confirmation contains a link to complete the registration and also a link to the current version of the Terms and Conditions.

The Operator may cancel the User Account, especially if the User does not use his/her User Account for more than 1 year, or if the User violates his/her obligations under the Contract, including the Terms and Conditions, and/or the User violates applicable legal regulations, good morals, public order or rights of the Operator and/or third parties. The Operator reserves the right to delete User Accounts whose Username causes offense and/or is contrary to good morals or public order or the rights of the Operator and/or third parties, even without a prior call for correction and without compensation. The User can also cancel his/her own User Account by his/her own choice. At the moment of cancellation of the User Account in the case of a User who is a Printer, no maer how the User Account is cancelled, the profile data of the User whose User Account has been cancelled will cease to be visible to all Users of the Portal.

The User acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Operator's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

CONCLUSION OF CONTRACT FOR 3D PRINTING

The Contract is negotiated between the Interested Party and the Printer chosen by him/her, which obliges the Printer to produce an object according to the Interested Party's inquiry on a 3D printer, the data of which may be listed in his/her User Profile, and the Interested Party is obliged to pay for the object specified and produced according to the request of the Interested Party the agreed total amount for the production and delivery of the object (hereinafter referred to as the "Contract for 3D Printing") and is concluded electronically by the Interested Party and the Printer in the manner regulated by these Terms and Conditions. The legal relationship from the Contract for 3D Printing exists exclusively between the Interested Party and the Printer; the Operator does not enter into this legal relationship, unless otherwise stated in these Terms and Conditions. General legal regulations, in particular the Civil Code, are used to regulate the rights and obligations arising from the Contract for 3D Printing between the Interested Party and the Printer, who represent parties to this Contract, including the rights and obligations resulting from defective performance. If the Printer is a Sole Proprietor and the Interested Party is a Consumer, the regulation of consumer contracts according to Section 1810 et seq. of the Civil Code shall apply. The Operator acts only as an intermediary facilitating the conclusion of the Contract for 3D Printing and has rights and obligations related to the acceptance from the Interested Party and the payment of the total amount for the production and delivery of the object specified according to the Contract for 3D Printing. After the Order has been sent by the Interested Party, the Operator will transfer the Interested Party's contact details to the selected Printer through the Portal. The Operator is entitled to a fee for mediating the possibility to conclude a Contract for 3D Printing and for using the Portal platform to conclude it (hereinafter referred to as the "Fee") at the moment of concluding the Contract for 3D Printing, subject to the condition that the Interested Party pays in time the agreed total amount for production and delivery of the object specified according to the request of the Interested Party to pay according to the Contract for 3D Printing.

The Users agree to use remote means of communication when concluding the Contract for 3D Printing. The costs incurred by the Users when using remote communication means in connection with the conclusion of the Contract for 3D Printing (internet connection costs, telephone call costs) are paid by the Users themselves and these costs does not differ from the base rate, unless otherwise agreed between the parties to the Contract for 3D Printing.

In order to place an Order for printing on a 3D printer, namely a specific object requested by the Interested Party, the Interested Party may:

The Portal Web Interface contains information from the Profiles of Users who are Printers. The User who is an Interested Party chooses, by clicking on the link next to the information from the relevant User Profile, the selected Printer to whom he/she aims to address his/her Order, and the Order form will then be displayed.

The Interested Party is obliged to enter all data completely, correctly and truthfully in the Order form. The data provided by the User during the Order are considered correct and the User is responsible for their completeness, truthfulness and correctness. The Interested Party is obliged to fill in all data that are marked as mandatory in the Order form and which are not automatically added to the Order form from the User Account of the Interested Party, in particular:

The Interested Party is obliged to check the Data, which is automatically added to the Order form from his/her User Account, whether it is complete, up-to-date and correct, and, if necessary, to supplement, update or correct it. The Order form is also automatically filled with information about the Printer selected by the Interested Party from his/her User Profile and the Interested Party is obliged to check this data to see if it corresponds to his/her choice of Printer. The Interested Party has the opportunity, at any time until the order is sent, to find out and correct errors that occurred during data entry. Once the Interested Party has entered all the necessary data and checked the data automatically added to the Order form, he/she completes the Order and sends the completed Order form using the "Order" link, or "Send order" or other similar link on the relevant page. By sending the Order, the Interested Party expresses his/her consent to the fact that the data in the Order and also the data in the User Profile of the Interested Party will be provided by the Operator to the Printer for the purpose of concluding the Contract for 3D Printing.

The Interested Party is obliged to accept the Terms and Conditions before completing and sending the Order, otherwise the Order cannot be completed and sent. Before sending the Order, the Customer confirms by selecting the option "I confirm that I have familiarized myself with the Terms and Conditions, including the privacy policy, and I agree with them" or other options with similar content displayed on the relevant page, that he/she has read and agreed to these Terms and Conditions in the current version, which the Interested Party can view using the link "Terms and Conditions" or a similar link displayed on the relevant page.

In addition, before completing and sending the Order, the Interested Party is obliged to express his/her consent to start performance before the expiration of the withdrawal period by selecting the option "I agree and request that the Operator, as a sole proprietor, begins to fulfil his obligations under the Contract within the period for withdrawal from the Contract, when the Operator informs that if the services have been provided according to the Contract, the right to withdraw from the Contract expires", otherwise the Order cannot be completed and sent.

After sending the Order, the Operator sends an electronic confirmation of receipt of the Order to the Interested Party's e-mail address specified by the Interested Party. The current version of the Terms and Conditions and a sample form for withdrawing from the Contract are aached to this confirmation of acceptance of the Order. The sending of the Order or the delivery of the confirmation of acceptance of the Order does not yet conclude the Contract for 3D Printing between the Interested Party and the Printer to whom the Order was addressed.

The Printer to whom the Interested Party's Order was addressed is obliged to send, without delay, but no later than 14 days from the moment when the data in the Order and in the User Profile of the Interested Party was forwarded to him/her via the Portal, to the Interested Party, electronically to his/her electronic mail address (e-mail), a binding offer (hereinafter also referred to as the "Offer") which shall contain at least:

If the Offer is not accepted within 14 days from the moment when the Printer sends it to the Interested Party, it is considered that the Interested Party has rejected the Offer by a vain expiry of this period. The Offer may contain a different period after which the Printer will consider the Offer to have been rejected by the Interested Party.

By sending a response to the Offer via the Printer's e-mail address, the Interested Party may expressly reject this Offer (or make a content-different statement of the same meaning), thereby rendering the Offer binding, or explicitly accept it without reservation (or make a content-different statement of the same meaning). The Interested Party may also accept the Offer with reservations and changes or additions in his/her response, in which case the Interested Party's response is considered a new Offer, which, in order to be accepted by the Printer, must be replied to by the Printer via the Interested Party's e-mail address that the Printer accepts it without reservations (or makes a content-different statement of the same meaning).

By delivering the response that the Offer is accepted to the other contracting party to his/her e-mail address, the Contract for 3D Printing is concluded.

PRICE AND PAYMENT TERMS ACCORDING TO THE CONTRACT FOR 3D PRINTING

By concluding the Contract for 3D Printing, the Interested Party is obliged to pay the total amount to the Operator's account number 2202619054/2010 (hereinafter referred to as the "Account") for using an online payment card via the PayU payment system immediately, but no later than 3 days after the conclusion of the Contract for 3D Printing for making and delivering the Print, i.e. the entire price for the Print and the costs for delivering the Print (hereinafter the price for the Print and the costs for delivering the Print collectively referred to as the "Price"). The Interested Party and the Printer, as contracting parties to the Contract for 3D Printing, agree that the Account agreed in the previous sentence is the agreed place of payment for the Price, and at the moment of crediting the entire Price properly and on time to this Account, the Interested Party's obligation to pay the Price to the Printer shall be completely fulfilled.

The Printer will not start the process of making the Print before the proper and timely payment of the entire Price. The parties to the Contract for 3D Printing agree that the date of delivery of the Print to the Interested Party as the latest deadline is extended by the number of days from the conclusion of the Contract for 3D Printing to the full and timely crediting of the Price to the Account. The Operator agrees to forward information on the payment of the entire Price electronically to the Printer´s e-mail address without delay, but no later than within 3 days from the proper and timely crediting of the entire Price to the Account.

In the event that the Price is not paid properly and on time, that is, it is not paid in full and/or it is not paid on time within 3 days from the conclusion of the Contract for 3D Printing, then the Contract for 3D Printing is cancelled without further ado. In such a case, the contracting parties to the Contract for 3D Printing are obliged to return the performance provided to each other, while if the Price (or part thereof) has already been paid to the Account, then the obligation to return the Price or part thereof shall be fulfilled by the Operator by returning the Price or part thereof paid to the Account in a period of 30 days from the crediting of the last payment for the Price to the Account, to the account number to which the payment card used for online payment of the Price via the PayU payment system is linked, or to the account number from which the payment was credited to the Account.

FEE

The Operator is entitled to the Fee from the contracting parties of the Contract for 3D Printing jointly and severally at the moment of concluding the Contract for 3D Printing, subject to the condition that the Interested Party pays the agreed Price in accordance with the Contract for 3D Printing in a timely manner.

The Fee is payable at the time of proper and timely crediting of the entire Price according to the Contract for 3D Printing to the Account. The Fee is paid by the Interested Party and the Printer as parties to the Contract for 3D Printing jointly and severally, so that the Operator deducts the Fee from the full Price properly and timely credited.

The Operator is obliged to send the balance of the Price after deduction of the Fee to the Printer's account number specified in his/her User Account within 30 days from the proper and timely crediting of the entire Price to the Account.

The amount of the Fee is negotiated between the Operator and the parties to the Contract for 3D Printing as dependent on the amount of the Price as follows:

For a Price from 0 to 200 CZK

the Fee amounts to 15 CZK

For a Price of 200 to 500 CZK

the Fee is 7.5% of the Price

For a Price of 500 to 1000 CZK

the Fee is 6.25% of the Price

For a Price of 1000 to 2000 CZK

the Fee is 5% of the Price

For a Price higher than 2000 CZK

the Fee is 2.5% of the Price

The minimum fee is 15 CZK, if the percentage value is less than 15 CZK.

PRINT SHIPPING AND DELIVERY

In the event that the method of transport is agreed in the Contract for 3D Printing on the basis of a special request of the Interested Party, the Interested Party bears the risk and any additional costs associated with this method of transport.

If, according to the Contract for 3D Printing, the Printer is obliged to deliver the Print to the place specified by the Interested Party in the Order, the Interested Party is obliged to take over the Print upon delivery.

In the event that, for reasons on the part of the Interested Party, it is necessary to deliver the Print repeatedly or in a different way than agreed in the Contract for 3D Printing, the Interested Party is obliged to pay the costs associated with repeated delivery of the Print, or costs associated with another delivery method.

When taking over the Print from a carrier, the Interested Party is obliged to check that the packaging of the Print is intact and, in the event of any defects, notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the Interested Party does not have to accept the shipment from the carrier. This does not affect the rights of the Interested Party against the Printer as parties to the Contract for 3D Printing regarding liability for defects in the Print as goods and other rights of the Interested Party arising from generally binding legal regulations, in particular the Civil Code and the Consumer Protection Act.

Other rights and obligations of the parties to the Contract for 3D Printing during the transportation of the Print may be regulated by the Printer's special delivery conditions, if issued by the Printer, or separately negotiated delivery conditions as a special provision of the Contract for 3D Printing.

RIGHTS FROM DEFECTIVE PERFORMANCE

The rights and obligations of the Operator and Users, as parties to the Contract, with regard to rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).

In the event that the Operator does not provide the User with services and performance according to the Contract in the scope and quality as agreed in the Contract, or as appropriate for the purpose of the Contract, the User is entitled to file a complaint with the Operator, namely by e-mail sent to info@printersplease.cz

The Operator is obliged to issue a wrien confirmation to the User who is a consumer when making a complaint, including electronic form sent to the User's e-mail address, in which he will state the date when the consumer made the complaint, what it contains, and what method of handling the complaint the consumer requires and the consumer's contact details for the purpose of providing information about the processing of the complaint.

The complaint, including possible removal of the defect, will be dealt with in a reasonable time taking into account the nature of the service, performance and their purpose, when the User will be informed at the same time about the method of handling the complaint.

The rights and obligations of the Customer and the Printer as contracting parties to the Contract for 3D Printing regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/ 1992 Coll., on consumer protection, as amended).

DEFECTIVE PERFORMANCE RIGHTS IN CONSUMER CONTRACTS FOR 3D PRINTING

If the Printer, as a party to the Contract for 3D Printing, is a sole proprietor, then, in the event of defective performance under the Contract for 3D Printing, the following provisions of this section of the Terms and Conditions will apply to the rights of the Interested Party, who is a consumer:

The Printer, as a party to the Contract for 3D Printing, is responsible to the Interested Party that the Print is free of defects upon acceptance. In particular, the Printer guarantees to the Interested Party that the Print::

  1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
  2. is suitable for the purpose for which the Interested Party requires it, provided it has been communicated to the Printer and the Printer has agreed with it, and
  3. it is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
  4. the Print is suitable for the purpose for which an object of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
  5. the quantity, quality and other properties of the Print, including durability, functionality, compatibility and safety, correspond to the usual properties of objects of the that type that the Interested Party can reasonably expect, also with regard to public statements made by the Printer or another person in the same contractual chain, in particular in advertising or labelling, unless the Printer proves that he/she was not aware of it or that it was modified at the time of the conclusion of the Contract for 3D Printing in at least a comparable way as it was done, or that it could not have influenced the decision to conclude the Contract for 3D Printing,
  6. the Print is delivered with accessories, including packaging, assembly instructions and other instructions for use that the Interested Party can reasonably expect, and
  7. The print corresponds to the quality or design of the sample or template that the Printer provided to the Interested Party before concluding the Contract for 3D Printing.

The provisions of the Terms and Conditions above shall not apply if the Printer has separately notified the Interested Party before concluding the Contract for 3D Printing that some property of the Print is different and the Interested Party has expressly agreed to this when concluding the Contract for 3D Printing

To exercise rights from defective performance, the Interested Party may use the link to the website that appears when clicking on the "Status of the Order" link, which the Interested Party will find in the electronic confirmation of receipt of the Order delivered to the Interested Party's email address specified by the Interested Party or for a specific Order in the User Account of the Interested Party who has registered. On the web page that opens after clicking on the "Status of the Order" link, the Interested Party can click on the "Start the Complaint" link to start the process of exercising rights from defective performance. In such a case, the Printer is immediately automatically informed of the complaint by an electronic message sent to his/her e-mail address, and subsequently the process of exercising rights from defective performance is already underway without any contribution from the Operator. If a defect in the Print becomes apparent within one year from the receipt, it is considered that the object was already defective upon receipt, unless the nature of the object or the defect precludes this. This period does not include the time when the Interested Party cannot use the object, in the event that he/she has justly complained about the defect.

The buyer can claim a defect that appears on the Print within two years from the receipt. If the Interested Party justifiably complains of a defect to the Printer, the period for notifying the defect does not include the time when the Interested Party cannot use the Print.

If the Print has a defect, the Interested Party may request its removal. According to his/her choice, he/she can demand the delivery of a new object without a defect or the repair of the object, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this will be assessed in particular with regard to the importance of the defect, the value that the object would have without the defect, and whether the defect can be removed in the laer way without significant difficulties for the Interested Party. The Printer can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the object would have without the defect.

The Printer shall remove the defect, within a reasonable time after it has been claimed, in such a way that it does not cause significant difficulties for the Interested Party, taking into account the nature of the object and the purpose for which the Interested Party purchased the object via the Contract for 3D Printing. To remove the defect, the Printer will take over the object at his/her own expense. If this requires the disassembly of the object, the assembly of which was carried out in accordance with the nature and purpose of the object before the defect became apparent, the Printer will dismantle the defective object and install a repaired or new object, or cover the costs associated with it.

The Interested Party may request a reasonable discount or withdraw from the Contract for 3D Printing if:

  1. The Printer refused to remove the defect or did not remove it in accordance with the provisions of the Terms and Conditions, or special provisions of the Contract for 3D Printing,
  2. the defect manifests itself repeatedly,
  3. the defect is a material breach of the Contract for 3D Printing, or
  4. it is apparent from the Printer's statement or from the circumstances that the defect will not be rectified within a reasonable time or without considerable difficulty for the Interested Party.

If the defect in the Print is insignificant, the Interested Party cannot withdraw from the Contract for 3D Printing; it is considered that the defect in the Print is not insignificant. If the Interested Party withdraws from the Contract for 3D Printing, the Operator's right to the Fee does not expire; the party who is obliged to pay the Fee is the Printer, and the Printer will return the entire Price paid by the Interested Party to the Interested Party without undue delay after receiving the Print or after the Interested Party proves to him/her that the Print has been sent.

The defect in the Print can be claimed against the Printer who made the Print in accordance with the Contract for 3D Printing.

The Printer is obliged to accept a complaint in any place of business where the acceptance of a complaint is possible with regard to the range of products sold or services provided, or even at his/her headquarters. The Printer is obliged to issue a wrien confirmation to the Interested Party upon making a complaint, in which he/she states the date when the Interested Party submied the complaint, what it contains, what method of handling the complaint the Interested Party requires and the Interested Party's contact details for the purpose of providing information about the handling of the complaint.

The complaint, including the removal of the defect, must be processed and the Interested Party must be informed of this no later than thirty (30) days from the date of application of the complaint, unless the Interested Party and the Printer agree on a longer period. After the 30-day period has expired in vain, the Interested Party may withdraw from the Contract for 3D Printing or request a reasonable discount.

The Printer is obliged to issue to the Interested Party a confirmation of the date and method of selement of the complaint, including confirmation of the repair and its duration, or a wrien justification for the rejection of the complaint.

Rights from liability for defects of the Print as goods can also be asserted by the Interested Party with the Operator, who in the given case only acts as a filing point and is obliged to forward the complaint immediately to the relevant Printer, namely by an e-mail to the address Info@PrintersPlease.cz , when the content of the complaint must include data identifying the Order to which the complaint relates, at least by stating the Order number.

By agreeing above on the possibility of submiing a complaint also to the Operator, the Operator in no way assumes the rights and obligations of the Printer from responsibility for defects in the Print.

Whoever has a right from defective performance is also entitled to compensation for the costs purposefully incurred in exercising this right. However, if the Interested Party does not exercise the right to compensation within one month after the expiry of the period in which the defect must be claimed, the court will not grant the right if the Printer objects that the right to compensation was not exercised in time.

Other rights and obligations of the parties related to the responsibility of the Printer for defects can be regulated by the Printer's complaints procedure or specially negotiated provisions of the Contract for 3D Printing.

The Printer or other person can also provide the Interested Party with a guarantee for quality in addition to his/her legal rights from defective performance.

PRIVACY POLICY

The Operator processes personal data in accordance with Regulation of the European Parliament and Council (EU) no. 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data (general regulation on the protection of personal data, hereinafter referred to as the "Regulation"), Act No. 110/2019 Coll., on the processing of personal data, Act No. 111/2019 Coll., amending some laws with the adoption of the Personal Data Processing Act, Act No. 480/2004 Coll., on certain information society services, and Act No. 127/2005 Coll., on electronic communications and other legal regulations regulating the protection of personal data.

In order to register the User and to recognize the logged-in or identified User, the Operator is authorized to process the User's personal data or personal data provided or entered by the User during registration and/or when placing an Order without registration directly from the Portal Web Interface (hereinafter referred to as the "User's Data"). The User acknowledges that in order to ensure the safety of the Users and their data, the Operator is authorized to process the User's Data for the purpose of beer recognition of the already logged in or identified User.

Such processing of personal data is legal, as it is necessary for the performance of the Contract, on the basis of which the Operator provides his services and to which the User as the subject of personal data is a contractual party.

In specific cases, the Operator may process personal data beyond the scope of the above-mentioned conditions according to a specific purpose for the protection of the legitimate interests of the Operator or third parties (e.g. interest in the safe functioning of the Portal services) in accordance with the legal requirements for processing personal data.

If the User has transferred or will transfer the personal data of other natural persons to the Operator, the User is obliged to inform these natural persons about the processing of personal data and thus ensure the legality of the processing of personal data. Otherwise, the User is liable to the Operator for the damage caused.

The transfer of data, which may be of the nature of personal data, to a third party may occur in the event that this happens in connection with the operation of services according to the Contract and is stipulated in the contract between the Operator and such a third party.

The principles of personal data protection apply to the provision of online and offline services and the fulfilment of the Operator's obligations under the Contract, including the installation of services on the User's end device and their (automatic) updating, as well as reporting of non-functionality of services or problematic and illegal content of the Portal (communication regarding technical support, if personal data is processed to identify a natural person).

The Operator always tries to work with accurate and as necessary updated data, stores it only for as long as necessary and handles it in a way that ensures its proper security. The rights in relation to the processing of User’s Data are specifically defined in the text below.

The Operator divides the collected data into two categories: on the one hand, it is data that the User provides directly (e.g. by registering or filling out the Order form without registration directly from the Portal Web Interface), and on the other hand, those obtained through the User's activity when using individual services of the Portal (e.g. information about issued cookies or technical devices through which the User uses the Portal; the Portal only uses so-called functional cookies that are immediately needed to ensure the basic functions of the Portal and are allowed without further ado due to their nature and purpose; the Portal does not use marketing or performance cookies).

As part of the services under the Contract provided by the Operator, personal data is processed only for the purpose of achieving one of the legal titles listed below:

  1. Performance of the Contract
    This legal title is used by the Operator in a situation where the processing of User’s Data takes place for the purpose of concluding, fulfilling or terminating the contractual relationship between the User and the Operator. This is the case with all User’s Data provided during the process of registration and creation of a User Account, as well as when filling out the Order form without registration directly from the Portal Web Interface.
  2. Legitimate Interest
    When the conditions listed below are met, the Regulation gives the possibility to base the processing of personal data on one's own, subjectively determined interest. In order for the Operator to be able to do so, the User must be informed about the right to object to the conducted processing and the right to erasure, as well as assess the legitimacy. The legitimate interest must be defined by the Operator (in accordance with the law), it must prove to be necessary to achieve the set goal, it must successfully pass the so-called balance test (balancing the interests of the Operator and the User and the risks), it must be real and current for the given time and type of processing. The category of legitimate interest is normally met by activities to exercise freedom of expression, protect services from misuse (including preventing fraud), collect claims and legal claims in general, take steps to ensure the security of networks and information, or processing for the purpose of reporting potential crimes.
  3. Processing with Consent
    By the consent, the User gives permission to process User’s Data. Its form is precisely defined in the Regulation. It is the duty of the Operator, if data processing is based on the consent of the User, to document that the consent was given (or who, when, how and what for granted the consent). The request for consent to the processing of personal data must be provided by the Operator separately from other facts (e.g. business terms and conditions). The User's right to revoke the granted consent must also be mentioned.
  4. Compliance with Legal Obligations
    If the processing of some data results from specific national or European legislation, the Operator is obliged to process User’s Data. An example may be processing due to obligations set by the tax office or responding to a court decision in the maer of the assembly and the transfer of specific data to law enforcement authorities. In the event of a legally based request from the competent authority, the Operator must store, share or display the processed personal data to the extent and time defined by a specific legal instrument. Section 31 of the Regulation also obliges the Operator and any processors to cooperate with the supervisory authority in the performance of their tasks.

The Operator uses the collected personal data to fulfil a specific, explicitly expressed and legitimate purpose. As part of the services under the Contract, the Operator processes User’s Data for the following purposes:

The Operator does not keep User’s Data to a larger extent or for a longer period of time than is necessary to achieve the purposes for which they were collected: User’s Data in the User Account or entered during an Order without registration directly from the Portal Web Interface are kept for the purpose of fulfilling rights and obligations and services under the Contract, for the duration of the contractual relationship established by the Contract and for the time necessary to fulfil all rights and obligations under the Contract. Subsequently, User’s Data, held for the purposes of fulfilling legal obligations, is processed for the period and to the extent required by law. The User’s Data held to identify the contracting party before the conclusion of the Contract is kept only until the conclusion of the Contract. Data held and processed for other purposes are held for a maximum of 5 years.

The access to the User´s Data shall be allowed only to the service for which it was collected according to the Contract and to the Operator himself or an employee of the Operator who is authorized to handle personal data and is contractually obligated to comply with these personal data protection principles. The Operator is entitled to transfer User’s Data specified in the Order and any User Profile to the Printer to whom the Order is intended for further processing for the purpose of fulfilling the Contract for 3D Printing. The data of Users who are Printers contained in their User Profile is published on their unique url.

The Operator must keep the User's Data only for the time necessary to achieve the purpose of their processing, in addition, the Regulation provides the Users the right to limit the data processing in the following situations:

  1. If the User believes that the Operator is not working with accurate information.
  2. If the User considers the processing illegal (but does not insist on deleting User’s Data).
  3. If the User's Data is required by the User to determine, exercise or defend his/her own legal claims, or
  4. When the User objects to the processing of User’s Data.

Except for the storage of User’s Data and with the processing exceptions set out in the Regulation (among others for the purpose of determining, enforcing or defending legal claims or for reasons of important public interest), the Operator will not further process the User´s Data.

The Operator does not share User’s Data, except for the cases specified in this personal data protection policy. The exception is the processing of selected agendas where the Operator uses third parties (e.g. for data centre management or network connectivity), but always on the basis of clearly defined rights and obligations within the concluded contractual relationship. However, the Operator may be forced to share data by an official, legally based request from a supervisory authority (the Office for the Protection of Personal Data, hereinafter referred to as "ÚOOÚ") or another national or EU official body or court

The Operator does not transfer User’s Data to third countries.

The Operator's obligation to cooperate with supervisory authorities and other official bodies follows from the applicable legislation. In the event of a legally based request from the authorities, the Operator is thus obliged to store, share or display some User’s Data (to the extent and time defined by a specific legal instrument). The Regulation obliges the Operator to cooperate with the supervisory authority (ÚOOÚ) in the performance of their tasks. However, the Operator assesses each request from the authorities separately.

The Operator hereby informs the User of the following rights, which derive directly from the Regulation:

The User has the right to obtain confirmation that User’s Data is being processed by the Operator and has the right to access it. The User finds out what personal data about the User the Operator processes after logging into his/her User Account; if he/she does not have an account, it is possible to send a request for this information to the Operator by any means of communication.

The User has the right to correct the processed User’s Data (correction of inaccurate personal data or the right to supplement incomplete personal data) and has the right to delete it under the conditions set by the Regulation; these are, for example, situations where User’s Data are not needed for the purposes for which they were collected or otherwise processed, revocation of consent to processing or raising objections to the processing of personal data. A registered User can correct his/her User’s Data simply in the User Account, an unregistered User can do so by a request submied to the Operator by any means of communication.

The User has the right to ask for erasure of the User Account and all related User’s Data processed by the Operator. The User can request erasure of the User Account in his/her User Account. An unregistered User may request the erasure of all his/her User’s Data by a request submied to the Operator by any means of communication.

The User has the right to restrict processing in the event that the User's Data are out of date or the Operator processes it illegally.

The User has the right to be informed about all corrections, deletions and restrictions on the processing of User’s Data with the exception of cases where this is not possible or requires unreasonable efforts on the part of the Operator.

The User has the right to the portability of User’s Data that he/she provided to the Operator in the course of using his services, in a structured, commonly used and machine-readable format; at the same time, he/she has the right to transfer this data to another administrator if the processing is based on consent or a contract or if the processing is carried out automatically; in accordance with the Regulation, the Operator also informs the User that his/her right to portability of User’s Data must not adversely affect the rights and freedoms of other persons. In User’s Data provided by the Operator in this way, only data from the services recording User’s Data can be provided. Therefore, there may always be a situation where the User uses a service, but this service does not collect User’s Data or it is completely anonymous, even if the User consents to the use of personal data. The User sends his/her request for the transfer of personal data to the Operator by any means of communication, or enters it through his/her User Account. The User must request the generation of processed data for their transfer before requesting the deletion of the User Account

The User has the right to object to the processing of the User's Data, which is carried out in the public interest or is necessary for the purposes of the administrator's legitimate interest, including profiling based on this processing. The aforementioned definition also includes the right to object at any time to the processing of personal data for direct marketing purposes. The User can object (ask for opt-out) in any marketing message sent to him/her directly via the link in the footer of the text sent.

At the same time, the User has the right not to be the subject of any decision based solely on automated processing, including profiling, which would have legal effects for him/her or significantly affect him/her. The Operator currently does not make any decisions based entirely on automated processing.

The most user-friendly way to manage User’s Data is through a User Account. After logging in, the data can be managed, viewed or the entire account deleted, subject to restrictions regarding legal obligations. After the User Account is deleted, all stored content will be deleted, except for data that must be kept for reasons of compliance with legal obligations, or data that serves to protect the legitimate interests of the Operator, as described above (data needed to protect services from misuse, including preventing fraud, recovery of complaints and legal claims in general, steps to ensure the security of networks and information or processing for the purpose of reporting potential crimes). If there is no legal reason for further storage of User’s Data, it will be completely deleted from the Operator's servers. The data will be deleted in a way that will prevent their future recovery and therefore any further use (subject to the above-mentioned limitation). In order to prevent accidental deletion of data, the User Account will be blocked for 14 days from the submission of the deletion request. After the expiration of the specified period, the User Account will be completely deleted

As the data controller, the Operator guarantees appropriate technical, procedural and organizational measures that ensure a level of security corresponding to the given risk. In particular, these are the following::

If there is a security breach of User’s Data and it is likely that the nature and scope of the breach will result in a high risk for the rights and freedoms of natural persons, the Operator will immediately notify the Users. In the notification, he will clearly and comprehensibly describe the very nature of User’s Data security breach and at the same time provide Users with at least the following information: a description of the likely consequences of the breach of personal data protection and a description of the measures taken or proposed to resolve the situation.

The Operator will not take the above steps in situations where the implemented measures make the aacked User’s Data unintelligible (anonymization of personal data, encryption), if he has taken such measures that the risk to the rights and freedoms of the Users is unlikely to manifest itself and if this would require unreasonable efforts. In such a case, the Operator will inform in the form of a public announcement or a similar measure in accordance with the Regulation.

The Operator will be happy to answer any questions by any means of communication.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

The Interested Party acquires ownership of the Print by the time of its making, as the Price is fully paid even before the start of making the Print by the Printer.

In relation to Users, the Operator is not bound by any codes of conduct in the sense of the provisions of Section 1820 paragraph 1, leer n) of the Civil Code.

Handling of User complaints, including complaints about the behaviour and actions of other Users, is ensured by the Operator via e-mail at the address info@printerplease.cz . The Operator will send information on handling the User's complaint to the User's email address. There are no other rules for handling complaints.

The out-of-court selement of consumer disputes arising from the Contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, reg. number: 000 20 869, internet address: hps://adr.coi.cz/cs. The platform for online resolution of disputes at hp://ec.europa.eu/consumers/odr can be used to resolve disputes between the parties to the Contract.

The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: hp://www.evropskyspotrebitel.cz is the contact point according to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21 of May 2013 on online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online resolution of consumer disputes).

The User can file a complaint with a supervisory or state supervisory authority. The Operator is authorized to perform the Contract on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection supervises, among other things, compliance with the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.

FINAL PROVISIONS

If the relationship established by the Contract contains an international (foreign) element, then the parties agree that the relationship is governed by the Czech law. By choosing the law according to the previous sentence, the User who is a consumer is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European of the Parliament and the Council (EC) No. 593/2008 of 17 June 2008 on the law governing contractual obligations (Rome I).

If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

The Contract including the Terms and Conditions and any special separate provisions of the Contract is archived by the Operator in electronic form and is not accessible to consumers.

The contact details of the Operator are listed in the header of these Terms and Conditions.

In Olomouc, on November 8, 2023 Adam Kupka

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