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Terms and conditions

Standard Delivery Times, Availability and Payment for Goods

Information on stock availability is provided for most items in our online shop. If availability is not indicated for an item and there is a standard delivery time, it means the deadline by which we can receive an ordered item from our supplier if they have it in stock. If they do not have it in stock, we’ll immediately inform you and agree on the next steps.

If the number of pieces in stock is not indicated for an item, nor a standard delivery time, the item is likely not to be included in the transmission.

The internet shop is based in the Zlatnicka shop so if an item is in stock at Zlatnicka, it is also available for e-shop. If the item is located elsewhere, it will typically be transferred within 3 days.

Although stock information is transmitted to the online shop twice in an hour, please take this information only as reference. Therefore, the number of pieces below 5 is marked individually. So if the system shows 1 or 2 pcs in stock, you’d better check the actual stock level by phone.

Terms of Delivery

Most items listed in www.peckamodel.cz e-shop are in stock. Delivery times depend on the availability of goods that we deliver immediately, but no later than 5 business days (a parcel submitted to General Parcel or directly to the customer for collection in person). Since the Czech leading model wholesalers Astramodel and Rcm-Pelikan currently supply goods every day, we’re most of the time able to send goods of those companies to you within 3 days even if they may not be in stock when you make an order. It may happen, however, that your order goods that are currently sold out not only in our shop but even at our supplier. In such case, we’ll advise you as soon as possible.

Online Shop Prices

Prices in the online shop are 5% less than brick and mortar and this discount applies to cash on delivery as well as collection in person (Note: not applicable to DJI producer whose business policy does not allow discounts). But you can only get a discount if you make an order via e-shop www.peckamodel.cz. The internet discount cannot be combined with other discounts (loyalty cards, club cards, etc.).

On-line Availability

Although stock information is transmitted to the online shop twice in an hour, please take this information only as reference. Therefore, the number of pieces below 5 is marked individually. So if the system shows 1 or 2 pcs in stock, you’d better check the actual stock level by phone.

Payment and Delivery

Delivery Options

Goods are shipped via the Czech Post. Postage of 15 EUR. The shipment is delivered within 10 (ten) days.

Bank Transfer

Select the “Bank Transfer” option in the online store. As soon as your goods are ready, we confirm this fact via email. Then you submit your payment of the price indicated on your order to the Account no. 51-942990247/0100 plus enter your order number as the variable symbol. As soon as your payment is credited to the above Seller’s account, goods will immediately be shipped to the delivery address indicated on your order. The invoice price will include the price of goods + postage of the selected forwarder (see below). We do not charge a handling or packaging fee.

Credit Card Payment

Credit card payments are possible if you have a credit card that supports Internet credit card payment. Then goods can be paid online by credit card.

Warranty and Claims

The warranty procedure is regulated by the Civil Code. All goods are covered by 24-months warranty at minimum, but some goods may have a longer warranty period which is indicated in the certificate of warranty or the user manual.

This warranty only applies where a defect has arisen, wholly or substantially, as a result of faulty manufacture, material or workmanship.

All parcels from PECKA-MODELÁŘ are covered by insurance, therefore a warranty claim for goods damaged during transportation must be made against the forwarder as soon as possible! We strongly recommend not to take any delivery of goods in damaged wrapping, or to unpack and check the content of the parcel in the presence of a forwarder’s agent !

The warranty period is in no case equivalent to the life of a product. No warranty claim can be made for normal wear and tear caused by use of a product. Each warranty claim properly made (goods may be sent by mail to our address or personal delivery can be agreed with our shop) will be submitted to and considered by the manufacturer (or, its responsible agent) and if the claim is accepted, goods will be replaced or repaired as soon as possible, but no later than 1 month from receipt.

Terms and Conditions

PECKA-MODELÁŘ s.r.o
Registered office at Vajdova 1047/25
Identification no.: 27114295
The company registered in the Commercial Register administered by the Municipal Court in Prague, Section C, File no. 97301
for sale of goods via on-line shop at the address www.peckamodel.cz

INTRODUCTORY PROVISIONS

The present Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the trading company PECKA-MODELÁŘ s.r.o, having its registered office at Vajdova 1047/25 Identification number: 27114295, registered in the Commercial Register administered by the Municipal Court in Prague, Section C, File no. 97301 (hereinafter referred to as “Seller“) regulate the rights and obligations of the Parties arising of, or in connection with a purchase agreement (hereinafter referred to as “purchase agreement”) made between and by the Seller and another natural or legal person (hereinafter referred to as “Buyer”) through the Seller’s internet shop. The e-shop is run by the Seller at this address www.peckamodel.cz through a web interface (hereinafter referred to as “E-shop web interface”).

The Terms and Conditions also regulate the rights and obligations of the Parties when using the Seller’s website located at the address www.peckamodel.cz for one year (hereinafter referred to as “Website”), or any other associated legal relations. The Terms and Conditions shall not apply where a person who intends to buy goods from the Seller is ordering goods for its business activity.

Any provisions derogating from the Terms and Conditions may be agreed in a purchase agreement. Different arrangements in purchase agreement shall prevail over the provisions of the Terms and Conditions.

The provisions of the Terms and Conditions form an integral part of any purchase agreement. The purchase agreement and Terms and Conditions are drawn up in the Czech language.
The Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations that have arisen in the effective period of the previous Terms and Conditions.

User Account

Following the Buyer’s registration on the Website, the Buyer may access its user interface. The Buyer may use its user interface to order goods (hereinafter referred to as “User Account”). If the e-shop web interface allows that, the Buyer may even order goods without registration directly from the e-shop web interface. For registration and ordering goods, the Buyer must provide all true and correct data. If the data entered in User Account have changed, they must be updated by the Buyer. The data entered by the Buyer in User Account and when goods are ordered are considered as correct by the Seller.

The access to User Account is protected by User Login and Password. The Buyer shall maintain confidentiality in respect of information required to access its User Account and the Buyer acknowledges that the Seller shall not be held responsible for any breach of this obligation of the Buyer.

The Buyer shall not allow any third party to use its User Account.

The Seller may cancel any User Account, in particular when the Buyer has not used its User Account for more than one year, or if the Buyer has breached its obligations arising of a purchase agreement (including the Terms and Conditions).

The Buyer acknowledges that User Account may not be continuously available, especially considering maintenance needs of the Seller’s hardware and software equipment, or maintenance needs of hardware and software equipment of any third party.

Entering into purchase agreement

The e-shop web interface provides a list of goods offered for sale by the Seller, including prices of each item. The prices of offered goods are VAT and all related tax inclusive. The goods offered for sale and prices of goods remain valid for as long as they are displayed through the e-shop web interface. This provision shall not restrict the Seller to enter into a purchase agreement on individually agreed terms and conditions. All offers of goods for sale located in the e-shop web interface are not binding and the Seller is not obliged to make a purchase agreement with respect to such goods.

The e-shop web interface also includes information related to costs of packaging and delivery of goods. Cost information related to packaging and delivery of goods as provided via the -shop web interface is only valid when goods are delivered in the Czech Republic.

To order goods, the Buyer shall complete an order form via the e-shop web interface. The order form provides the following information, in particular:

Depending on the PO nature (amount of goods, price, expected transportation cost), the Seller may ask the Buyer for additional order confirmation (e.g. in writing or by phone).

The contractual relationship between the Seller and the Buyer arises by delivery of acceptance to the Buyer from the Seller by electronic mail sent to the Buyer’s e-mail address.

The Buyer acknowledges that the Seller is not obliged to enter into a purchase agreement, in particular with persons who have previously made a substantial breach of the purchase agreement (including the Terms and Conditions).

The Buyer agrees to use remote communication tools when a purchase agreement is being made. Costs incurred to the Buyer for using remote communication tools to conclude a purchase agreement (costs of internet connection, or costs of telephone calls) shall be born to the Buyer.

Price for Goods and Terms of Payment

The price of goods and delivery costs under the Purchase Agreement can be paid by the Buyer to the Seller as follows:

Termination (not applicable to collection in person)

The Buyer acknowledges that in accordance with the provision of Section 53 Para. 8 of the Act no. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”), a purchase agreement cannot be terminated, amongst others, for goods customized for the Buyer as well as perishable goods, or goods susceptible to wear and tear or obsolescence, and for delivery of audio / video recordings and computer programs if the consumer has broken their original wrapping, or for delivery of newspapers, periodicals, or magazines.

Except as provided in Section 1.27, or except any case that a purchase agreement cannot be terminated, the Buyer has the right to terminate the contract within fourteen (14) days from the receipt of goods in accordance with the provision of Section 53 Para. 7 of the Civil Code. The notice shall be delivered to the Seller within fourteen (14) days from the receipt of goods to the Seller’s business address, or to the Seller’s e-mail address objednavky@peckamodel.cz.

This provision shall not affect any claims for damage incurred by failure of obligations subject to a contractual penalty even if damages exceed the contractual penalty. Goods shall be returned to the Seller without damage and wear or tear and using the original wrapping if available.

Within ten (10) days from the return of goods by the Buyer in accordance with Section 1.29 of the Terms and Conditions, the Seller may examine the returned goods, especially to identify whether the returned goods are not damaged, worn or partially consumed.

In case of termination under Section 1.28 of the Terms and Conditions, the purchase agreement shall become null and void. Goods shall be returned to the Seller within 2 business days from delivery of notice to the Seller. If the Buyer fails the obligation as stated hereinabove, the Seller may apply a contractual penalty of CZK 200.00 (in word: two hundred CZK) for each day of delay, but not exceeding the purchase price of such goods.

In case of termination under Section 1.28 of the Terms and Conditions, the Seller shall return a purchase price to the Buyer (including costs incurred to deliver goods) no later than ten (10) days from the expiry of the term for examination of goods under Section 1.30 of the Terms and Conditions as direct debit to the account provided by the Buyer. The Seller may also return a purchase price in cash on return of goods by the Buyer.

The Buyer acknowledges that if goods returned by the Buyer are damaged, worn or partially consumed, the Seller shall raise a claim against the Buyer for damages so incurred. The Seller’s claim for compensation may be set off against the Buyer’s claim for refund. Similarly, the Seller’s claim for contractual penalty under Section 1.29 of the Terms and Conditions may be set off against the Buyer’s claim for refund.

Warranty and Liability for Defects

The rights and obligations of the Parties concerning the Seller’s liability for defects, including the warranty liability, shall be governed by the relevant generally binding law (in particular, the provision of Section 612 et seq. of the Civil Code).

The Seller shall be held responsible to the Buyer for goods being in compliance with the purchase agreement, in particular being free of defects. The compliance with a purchase agreement means that the item being sold has the quality and end-use properties required under the contract and described by the Seller, manufacturer, or its agent, or expected based on advertising by the same, or quality and end-use properties typical of such item, and it meets all legal requirements, and its quantity, level or weight are relevant and serve the intended purpose of such item advertised by the Seller, or the purpose for which the item is commonly used.

If the item does not comply with the purchase agreement when received by the Buyer (hereinafter referred to as “Discrepancy”), the Buyer may require the Seller to provide, at no cost to the Buyer and without any unnecessary delay, appropriate remedies to make the item comply with the purchase agreement. According to the Buyer’s request, the Seller shall either replace or repair the item. If such remedies are not possible, the Buyer may require a reasonable price discount or terminate the contract. The aforesaid shall not apply if the Buyer was aware of a discrepancy before receiving the item, or the Buyer itself caused a discrepancy. Any discrepancy manifested within six months from the date of receipt is considered to have existed when the item was received unless it contravenes the nature of the item or the contrary is proved.

Except of perishable goods or used goods, the Seller shall be liable for any defects identified as discrepancy with the purchase agreement once the goods are received in the warranty period (Warranty).

The Buyer’s rights arising of the Seller’s liability for defects, including the warranty liability, may be enforced by the Buyer against the Seller at its head office address PECKA-MODELÁŘ, Zlatnická 4, Prague 1, 110 00.

Other Rights and Obligations of the Parties

The Buyer shall acquire title to goods by payment of the full purchase price.

The Buyer acknowledges that software and other parts forming the e-shop web interface (including photos of goods offered) are protected by the copyright. The Buyer undertakes to avoid any action which may enable an unwarranted interference or unauthorized use of the software or other parts forming the e-shop web interface by the Buyer or any third party.

For the e-shop web interface, the Buyer shall not use any tools, software or any other procedures that might adversely affect its operation. The e-shop web interface may only be used to the extent not detrimental to the rights of any other Seller’s customers and for its intended purpose.

The Seller is not bound towards the Buyer by any Codes of Conduct within the meaning of the provision of Section 53a Para. 1 of the Civil Code.

The Buyer acknowledges that the Seller shall not be held responsible for any faults incurred by any third party’s interference with the website or use of the website contrary to its intended purpose.

Personal Data Protection and Business Messaging

The protection of personal data of the Buyer who is a natural person is provided under the Act no. 101/2000 Coll., on personal data protection, as amended.

The Buyer agrees to processing of its personal data: name and surname, address of residence, Identification number, VAT number, email address and telephone number (hereinafter jointly referred to as “Personal Data”).

The Buyer agrees to processing of personal data by the Seller for the purpose of execution of the rights and obligations under the purchase agreement for the purpose of business messaging and sending information to the Seller.

The Buyer warrants that it shall provide true and correct personal data (for registration, User Account, Purchase Order made via the e-shop web interface) and notify the Seller of any changes to its personal data without any unnecessary delay.

The Seller may delegate the processing of personal data of the Buyer to a third party as the processing entity. Except of persons who deliver goods, the Seller shall not disclose personal data to any third party without a prior consent of the Buyer.

Personal data shall be retained for an indefinite term. Personal data shall be processed in electronic form automatically, or in printed form non-automatically.

The Buyer warrants that personal data provided by the Buyer are accurate and it is aware that provision of personal data is voluntary. The Buyer declares that it is aware that consent to personal data processing may, in relation to the Seller, be revoked by written notice delivered to the Seller’s address.

If the Buyer should suspect that the Seller or the processing entity (Section 1.52) is processing its personal data in conflict with the Buyer’s protection of privacy, or contrary to law, in particular where personal data are not accurate for the purpose of processing thereof, it may:

Request explanation from the Seller or the processing entity,

Request the Seller or the processing entity to rectify the situation. In particular, blocking, correction, completion or disposal of personal data.

If the Buyer’s request as stated hereinabove is found justified, the Seller or the processing entity shall immediately rectify the faulty condition. If the Seller or the processing entity fails to comply with the request, then the Buyer may address the Office for Personal Data Protection directly.

This provision shall not affect the Buyer’s right to address the Office for Personal Data Protection directly.

If the Buyer has requested information on processing of its personal data, the Seller is obliged to provide this information. The Seller may require a reasonable payment for above disclosure not exceeding the costs required for such disclosure.
The Buyer agrees to receive information related to goods, services, or the Seller’s business to the Buyer’s e-mail address and it also agrees to receive business messages from the Seller to the Buyer’s e-mail address.

Delivery of Correspondence

If not agreed otherwise, all correspondence related to the purchase agreement shall be delivered to the other Party in writing by electronic mail, in person or by registered mail using a postal operator (at the sender’s discretion). The Buyer is delivered mail at the email address indicated in its User Account.

A message is delivered:
Electronic mail - when received at the incoming mail server; electronic mail integrity may be secured by certificates;

Delivery in person or by courier / postal operator – on the receipt of mail by the addressee;
Delivery in person or by courier / postal operator – alternatively, by refusing to collect mail if the addressee refuses to collect it (or, any person authorized to collect mail on its behalf);

For delivery by courier /postal operator – on the expiry of ten (10) days from depositing of mail and notification of the addressee to collect deposited mail if mail has been deposited with the postal operator even if the addressee did not know about deposited mail.

Final Provisions

If the relationship associated with use of the website, or a legal relationship under the purchase agreement includes an international (foreign) element, then the Parties agree that such relationship shall be governed by the Czech law. This shall not affect any consumer rights arising of the generally binding law.

The Seller may sell goods based on a trade licence and the Seller’s business is not subject to any other approval process. Trade control is within the competence of the respective Trades Licensing Office.

If any of the aforesaid provisions is or becomes invalid or ineffective, the respective invalid or ineffective provision shall be replaced by a permitted provision negotiating within the framework of the purpose thereof. The invalidity of one provision shall not affect the validity of the other provisions. No amendment or variation to the purchase agreement or the Terms and Conditions shall be effective unless it is made in writing.

Each purchase agreement, including the Terms and Conditions, is archived by the Seller in electronic form and it may not be accessed.
The Seller’s contact details: Postal address PECKA-MODELÁŘ, Zlatnická 4, Prague 1, 110 00, E-mail address objednavky@peckamodel.cz, Telephone 222 323 445.

Discrepancy with Purchase Agreement

The Seller shall be held responsible to the Buyer for goods being in compliance with the purchase agreement, in particular being free of defects, when received. If the item does not comply with the purchase agreement when received, the Buyer may require the Seller to provide, at no cost to the Buyer and without any unnecessary delay, appropriate remedies for the item to comply with the purchase agreement. According to the Buyer’s request, the Seller shall either replace or repair the item. If such remedies are not possible (the Buyer’s requirement cannot be met), the Buyer may require a reasonable price discount or terminate the contract. Any discrepancy manifested within six months from the date of receipt is considered to have existed when the item was received unless it contravenes the nature of the item or the contrary is proved.

Contribution to Disposal of Historical Electric Appliances - PHE

On 13 August 2005, some provisions of the amendment to the Waste Act came into force, concerning electric and electronic devices. The purpose of this amendment is to prevent the occurrence of waste electric and electronic devices and reduce wastes generated therefrom.

As of September 2005, all producers and importers of electric appliances have started to pay a mandatory fee to the collective system used for financing of recycling of older products. This fee is indicated separately in all receipts for goods which the PHE Act applies to.

Prague on 24 October 2011

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