Terms & Conditions

These General Terms and Conditions (“Terms”) of Pandd, s.r.o., with its registered office at V Olšinách 1329/63, Prague 100 00, Company ID No.: 21518921, registered in the Commercial Register under file no. C403160/MSPH kept at MSPH, email: info@pandd.cz, phone number: +420 773 182 521, business premises address: V Olšinách 1329/63, Prague 100 00 (“We” or the “Seller”), regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations between You, as the buyer, and Us, as the seller, arising in connection with or based on a purchase agreement (“Agreement”) concluded through the E-shop on the website www.pandd.cz.

All information about the processing of your personal data is included in the Privacy Policy, which can be found here: www.pandd.cz/privacy-policy.

The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement these Terms. However, such amendments do not affect the rights and obligations established during the validity of the previous version of the Terms.

As you surely know, we primarily communicate remotely. Therefore, our Agreement is also concluded using means of remote communication, which enable us to agree without the simultaneous physical presence of both parties. The Agreement is thus concluded remotely through the E-shop environment, via the website interface (“E-shop web interface”).

If any part of the Terms conflicts with what we agreed upon during your purchase process on our E-shop, the specific agreement will take precedence over these Terms.

DEFINITIONS 

• Price: The monetary amount you pay for the Goods;
• Shipping Cost: The monetary amount you pay for the delivery of Goods, including packaging;
• Total Price: The sum of the Price and the Shipping Cost;
• VAT: Value-added tax in accordance with applicable legal regulations;
• Invoice: A tax document issued in accordance with the VAT Act for the Total Price;
• Order: Your binding proposal to conclude a Purchase Agreement for Goods with Us;
• User Account: An account created based on the data you provide, enabling the storage of entered data and the history of ordered Goods and concluded Agreements;
• You: The person purchasing from our E-shop, referred to in legal regulations as the buyer;
• Goods: Everything available for purchase on the E-shop. 

GENERAL PROVISIONS AND INSTRUCTIONS

• Purchases of Goods are only possible through the E-shop web interface.
• When purchasing Goods, you are obligated to provide us with accurate and truthful information. The information you provide in your Order will be considered accurate and truthful.
• Our E-shop provides access to reviews of Goods by other consumers. We ensure the authenticity of these reviews by linking them to specific orders. In our internal system, each review is associated with an order ID, allowing us to verify and demonstrate that the review comes from a genuine consumer.

CONCLUDING THE AGREEMENT

• Agreements with Us can only be concluded in Czech or English.
• The Agreement is concluded remotely through the E-shop, and the cost of using remote communication means is borne by You. These costs are consistent with your standard rates for such services (e.g., internet access), with no additional charges imposed by Us beyond the Total Price.
• To conclude an Agreement, you need to place an Order on the E-shop. The Order must include:
  1. Information about the Goods being purchased (indicated by clicking "Add to Cart").
  2. Information about the Price, Shipping Price, payment method, and delivery method; these details are automatically generated based on the Goods, delivery method, and payment method selected by You.
  3. Your identification and contact details for delivery purposes, including name, surname, delivery address, phone number, and email address.

Before finalizing the Order, you can review and modify the provided information. By clicking the "Order with Obligation to Pay" button, you confirm and complete the Order. Before clicking this button, you must confirm that you have read and agree to these Terms by checking the designated box. Without this confirmation, the Order cannot be completed.

• We will confirm receipt of your Order by sending a confirmation email to the address provided. This confirmation will include a summary of the Order and these Terms as an attachment. The Terms in effect on the date of the Order form an integral part of the Agreement. Upon confirmation of the Order, the Agreement is concluded.
• In certain cases, we may not be able to confirm your Order, such as when the Goods are unavailable or if the quantity ordered exceeds allowable limits. In such instances, we will contact you with an amended proposal for the Agreement. The Agreement will only be concluded once you accept this amended proposal.
• If the E-shop or Order contains an evident pricing error, we are not obligated to deliver the Goods at the erroneous price, even if the Order has been confirmed. In such cases, we will promptly contact you with an updated Agreement proposal. The Agreement is concluded once you confirm the updated proposal.

USER ACCOUNT 

• By registering on the E-shop, you can access your User Account.
• You are required to provide accurate and truthful information during registration and update it as necessary.
• Access to the User Account is secured by a username and password, which you must keep confidential. We are not responsible for any misuse resulting from the disclosure of these credentials.
• The User Account is personal and cannot be shared with third parties.
• We may terminate your User Account if you violate your obligations under the Agreement.
• The User Account may not be continuously available, particularly due to necessary maintenance of hardware and software.

PRICING AND PAYMENT TERMS, RETENTION OF OWNERSHIP

• Prices are specified on the E-shop, in the Order proposal, and the Agreement. In case of discrepancies, the price in the Order proposal, which matches the Agreement, takes precedence.
• Payment of the Total Price is required before the delivery of Goods, and payment can be made via:
  1. Bank transfer.
  2. Online card payment through the Shoptet Pay gateway.
  3. Cash on delivery.
  4. Cash upon personal collection.

Ownership of the Goods transfers to You after full payment of the Total Price and receipt of the Goods.

DELIVERY OF GOODS AND TRANSFER OF RISK

The goods will be delivered to you no later than 14 days by the method of your choice, and you may select from the following options:

• Personal collection at a pre-arranged location.
• Personal collection at pickup points of Zásilkovna or PPL CZ.
• Delivery via shipping companies such as PPL CZ or Zásilkovna.

The goods can only be delivered within the Czech Republic.
The delivery time of the goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time will be communicated to you in the order confirmation. The time specified in these Terms is only indicative and may differ from the actual delivery time. In the case of personal collection at a branch, you will always be informed of the possibility of picking up the goods via email.

Upon receiving the goods from the carrier, it is your duty to check the integrity of the goods' packaging and, in the event of any defects, to promptly notify the carrier and us. If there is damage to the packaging indicating unauthorized handling or tampering, you are not obliged to accept the goods from the carrier.

If you fail to fulfill your obligation to take delivery of the goods, except in cases as per Article 4 of the Terms, this does not constitute a breach of our obligation to deliver the goods to you. However, your failure to accept the goods does not constitute withdrawal from the Agreement between us. In such cases, we have the right to withdraw from the Agreement due to your significant breach of the Agreement or to store the goods, for which you owe us a storage fee equal to the cost of delivery. If we decide to withdraw from the Agreement, the withdrawal becomes effective on the day we deliver such notice to you. Withdrawal from the Agreement does not affect our right to claim the delivery costs or any damages incurred, if applicable.

If the goods must be delivered repeatedly or by a method other than agreed upon in the Agreement due to reasons attributable to you, you are responsible for covering the additional costs associated with such repeated delivery. We will send payment details for these costs to your email address provided in the Agreement, and the payment is due within 14 days from the date the email is sent.

The risk of damage to the goods passes to you at the moment you accept them. If you fail to accept the goods, except in cases as per Article 4 of the Terms, the risk of damage to the goods passes to you at the moment you had the opportunity to accept them but failed to do so for reasons attributable to you. The transfer of the risk of damage means that from this moment onward, you bear all consequences related to the loss, destruction, damage, or any devaluation of the goods.

If the goods were not listed as "in stock" in the e-shop and an estimated availability time was indicated, we will always inform you in the event of:

• An extraordinary production outage of the goods, in which case we will provide you with a new expected availability time or inform you if the goods cannot be delivered.
• A delay in the delivery of the goods from our supplier, in which case we will provide you with a new expected delivery time.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

We guarantee that at the time the risk of damage to the goods is transferred to you (as per Article 7 of the Terms), the goods are free of defects, specifically that the goods:

• Conform to the agreed description, type, quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics.
• Are suitable for the purpose for which you require them and which we have agreed upon.
• Are delivered with agreed accessories and instructions for use, including assembly or installation instructions.
• Are suitable for the usual purposes for which goods of this kind are used.
• Match the quantity, quality, and other properties, including durability, functionality, compatibility, and safety, that are typical for goods of the same kind and that you can reasonably expect, considering public statements made by us or other persons in the same contractual chain, particularly in advertising or labeling.
• Are delivered with accessories, including packaging, assembly instructions, and other usage guidelines that you can reasonably expect.
• Match the quality or design of the sample or model provided to you before concluding the agreement.

The rights and obligations concerning defective performance are governed by applicable legal regulations (particularly Sections 2099 to 2117 and 2161 to 2174b of the Czech Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

If the goods have a defect, i.e., if any of the conditions in Article 1 are not met, you may notify us of the defect and assert your rights arising from defective performance (i.e., make a complaint) by sending an email or letter to the addresses listed in our identification details or in person at V Olšinách 1329/63, Prague 100 00. You may also use the complaint form we provide, attached as Appendix 1 of the Terms.

When asserting rights from defective performance, you must specify how you wish the defect to be resolved. This choice cannot be changed without our consent. The complaint will be resolved in accordance with the right you assert regarding defective performance.

If the goods have a defect, you have the following rights:

• To have the defect remedied by delivering new goods without defects or delivering the missing part(s).
• To have the defect remedied by repairing the goods, unless the chosen remedy is impossible or disproportionately expensive compared to the alternative remedy. The evaluation considers the significance of the defect, the value the goods would have without the defect, and whether the defect can be remedied in the alternative way without significant inconvenience to you.

We are entitled to refuse to remedy the defect if it is impossible or disproportionately expensive, particularly concerning the significance of the defect and the value the goods would have without the defect.

You also have the right to:

• A reasonable discount on the price.
• Withdrawal from the agreement if:
  • We refuse to remedy the defect or fail to do so in accordance with the law.
  • The defect occurs repeatedly.
  • The defect constitutes a significant breach of the agreement.
  • It is evident from our statement or circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.

You are not entitled to withdraw from the agreement if the defect is insignificant.

If you caused the defect yourself, you are not entitled to rights arising from defective performance.
Wear and tear caused by normal use or, in the case of used goods, wear consistent with prior use is not considered a defect.

When submitting a complaint, we will issue a written confirmation stating:

• The date the complaint was made.
• The content of the complaint.
• The resolution method you request.
• Your contact details for providing information about the resolution.

Unless we agree on a longer period, we will resolve the complaint, remedy the defect, and provide information about the resolution within 30 days of receiving the complaint. If this deadline expires without resolution, you may withdraw from the agreement or request a reasonable discount.

We will notify you of the complaint resolution via email and issue confirmation of the resolution method and date. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs, which you must substantiate (e.g., receipts for transportation costs). If the defect is remedied by delivering new goods, you are obliged to return the original goods to us, and we will cover the return costs.

If you are a business, you must notify and assert defects without undue delay after discovering them, but no later than three days after receiving the goods.

If you are a consumer, you may assert rights arising from defects in consumer goods within 24 months of receiving the goods.

WITHDRAWAL FROM THE AGREEMENT

Withdrawal from the agreement, i.e., termination of the contractual relationship between us from its inception, may occur for reasons and in ways specified in this article or other provisions of the Terms that explicitly allow withdrawal.

If you are a consumer (purchasing goods outside your business activity), you have the right to withdraw from the agreement without stating a reason within 14 days of its conclusion or, in the case of goods, within 14 days of receiving them. If the agreement involves multiple items or parts, the period begins on the day the last item or part is delivered.

You may withdraw from the agreement by any demonstrable method (e.g., by email or letter to the addresses listed in our identification details). You may also use the withdrawal form we provide, attached as Appendix 2 of the Terms.

As a consumer, you cannot withdraw from the agreement in cases specified in Section 1837 of the Czech Civil Code.

The withdrawal period is considered met if you send us a withdrawal notice during the period.

Upon withdrawal, you must return the goods to us within 14 days, bearing the return costs. You are entitled to a refund of the delivery price, but only up to the cost of the least expensive delivery method we offered. If the withdrawal is due to our breach of the agreement, we will cover the return costs up to the cost of the least expensive delivery method.

The price will be refunded within 14 days of the effective withdrawal date to the account from which the payment was made or another account specified in the withdrawal notice. The refund will not be processed until we receive the goods or proof that you sent them back. Please return the goods clean, preferably in the original packaging.

If the value of the goods is reduced due to handling beyond what is necessary to examine their nature, properties, and functionality, you are responsible for the decrease in value. If the price has not yet been refunded, we may offset the cost of such reduction against your refund.

We may withdraw from the agreement at any time before delivering the goods if there are objective reasons preventing delivery (e.g., issues caused by third parties or the nature of the goods), even before the period specified in Article 9 of the Terms. We may also withdraw if it is evident that you provided intentionally incorrect information in the order. If you are purchasing goods as part of your business activity, we may withdraw from the agreement at any time without stating a reason.

RESOLUTION OF DISPUTES WITH CONSUMERS

We are not bound by any codes of conduct towards buyers as defined in Section 1826(1)(e) of the Civil Code.
We handle consumer complaints via the email address info@pandd.cz. Information regarding the resolution of complaints will be sent to the buyer's email address.

The Czech Trade Inspection Authority, headquartered at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz, is competent to resolve out-of-court consumer disputes arising from the Agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can also be used for resolving disputes between the seller and a consumer from a purchase agreement concluded via electronic means.

The European Consumer Centre Czech Republic, headquartered at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as 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).

FINAL PROVISIONS

If our legal relationship with you contains an international element (e.g., we will deliver goods outside the Czech Republic), it will always be governed by the laws of the Czech Republic. However, if you are a consumer, this provision does not affect your rights under applicable legal regulations.

All written correspondence between us will be delivered electronically. Our email address is listed with our identification details. We will send correspondence to the email address specified in the Agreement, your User Account, or the one through which you contacted us.

The Agreement can only be amended by mutual written consent. However, we reserve the right to modify or supplement these Terms, which will affect only Agreements concluded after the changes take effect. Agreements already in effect will remain unchanged. If you have a User Account, we will notify you of any changes so that you are informed when placing new orders. Changes do not give rise to the right of termination as we do not have an ongoing Agreement subject to termination. For recurring deliveries under an existing Agreement, we will notify you of changes via email at least 14 days before their effective date. If we do not receive termination notice from you within 14 days of this notification, the new terms become part of our Agreement and apply to subsequent deliveries. If you choose to terminate, the notice period is 2 months.

In cases of force majeure or events beyond our control (natural disasters, pandemics, operational disruptions, supplier failures, etc.), we are not liable for damages caused as a result of or in connection with such events. If the force majeure state persists for more than 10 days, both parties have the right to withdraw from the Agreement.

Attachments to these Terms include a sample complaint form and a sample withdrawal form.

The Agreement, including the Terms, is archived electronically by us but is not accessible to you. However, these Terms and the Order Confirmation with a summary of your Order will always be sent to you via email, ensuring access to the Agreement without our assistance. We recommend saving the Order Confirmation and Terms for future reference.

 

These Terms are effective as of January 6, 2025.

Download complaint form Download contract withdrawal form