1. Introductory Provisions
These General Terms and Conditions (hereinafter referred to as the “T&C”) regulate the rules for the purchase in the online store qpad.com and specify rights and obligations of the Seller, the company Darfon Electronics Czech s.r.o., Id.-No.: 276 79 268, having its seat at Tuřanka 1315/112, Slatina, 627 00 Brno, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Subsection 51364 (hereinafter referred to as the “Seller”) and the Buyer.T&C shall apply to all purchases made on the website qpad.com.
- T&C form an integral part of the purchase contract concluded between the Seller and the Buyer and are binding for both parties. In case the purchase contract contains regulations that differ from these T&C, the regulations in the purchase contract have the priority over the regulations in these T&C.
- Buyer is a person who makes the purchase in the online store. The products can be purchased by both, the entrepreneur and the consumer. Unless otherwise stated in the T&C, the entrepreneur and the consumer shall be deemed to be a “Buyer”.
- Entrepreneur is a person who, on their own account and responsibility, independently carries out a gainful activity in the form of a trade or in a similar manner with the intention to do so consistently for profit, is considered, with regard to this activity, to be an entrepreneur. An Entrepreneur is also a person who enters into contracts related to their own commercial, production or similar activities, or within their trade, business or profession, or a person acting in the name or on the account of an entrepreneur.
- Consumer is a person who outside its scope of business or the independent exercise of its profession enters into a contract or has other dealings with an entrepreneur.
3. Order / Purchase Contract
Buyer selects the products directly in the online store on the website qpad.com where a catalogue of the products offered by the Seller is published including the description of the individual products.
The purchase in the online store is made in following steps:
- Buyer adds the selected product to the cart;
- Buyer completes all the information in the order that are marked as obligatory;
- Buyer submits the order;
- Buyer pays the price for the product.
- Buyer receives a confirmation of the purchase containing all the information regarding the purchase and the T&C in a PDF form.
- Before making an order and accepting the T&C, the Buyer is obliged to thoroughly read the T&C. The Buyer is sufficiently informed about the T&C before making an order and has the opportunity to read them. T&C are also published on the website of the online store.
- The order made by the Buyer represents a draft of a purchase contract. The purchase contract is concluded when the Buyer receives a confirmation of the order from the Seller. In case the Seller declines the order, the purchase contract will not be concluded. If the Seller modifies the order of the Buyer, the contract is concluded when the Seller receives consent of the Buyer with the modified order.
- The confirmation of the order, its refusal as well as its modification will be sent on the e-mail address of the Buyer stated in the order, usually within 24 hours since submitting the order.
- The order can be changed, controlled and modified by the Buyer till the Buyer submits (sends) the order.
- The costs for using means of distance communication bears the Buyer, the Buyer´s costs for making an order via the Internet correspond to the tariff agreed by the Buyer with the supplier of these services (the Seller does not charge any additional fees to the amount charged by the Buyer´s internet provider).
- The purchase contract will be concluded in
- The purchase contract will be archived for the purpose of the fulfillment of the contract and the Seller enables the Buyer an access to it upon its request.
4. Purchase price and Payment Conditions
- Purchase price is stated on the website by individual products. The purchase price does not include the shipping costs. Buyer is informed about the final price, i.e. the price including all taxes, fees and shipping costs, before submitting the order.
- The purchase price may be paid only online by a credit card or using PayPal.
- The payment will be taken at the time of the placement of the order. If for any reason the Seller will not be able to accept the order, the Seller will provide the Buyer with a full refund within 14 days.
- The products remain the property of the Seller until the full payment of the purchase price.
5. Delivery Terms
- The ordered product will be delivered to the Buyer on the address stated by the Buyer in the order. The delivery is fulfilled when the product is delivered on this address.
- The product will be delivered using a commercial forwarder chosen by the Seller.
- The prices for the delivery are available in the shipping pricelist. In case the Buyer is not reached at the delivery address and the product will be returned to the Seller, the Buyer bears the costs that arose to the Seller due to the return of the product. The Buyer is obliged to pay the costs to the Seller upon request of the Seller.
- When ordering outside of the European Union, the Buyer may be subject to import duties and taxes, which are levied once the product (the package with the product) reaches the specified destination. Any additional charges for customs clearance shall be borne by Buyer.
6. Rights and Obligations of the Contracting Parties
- Seller is obliged to deliver the product to the Buyer within the period specified in the purchase contract.
- Codes of conduct that are binding for the Seller or that the Seller voluntarily complies with, are published on the website qpad.com including the information about their accessibility by electronic means. In case that there is no information on the website, there are no codes of conduct that are binding for the Seller or which the Seller voluntarily complies with.
- Buyer is obliged to give complete and correct data in the order. Buyer is obliged to take over the delivered products.
7. Warranty, Defects
- Buyer shall inspect the delivered product immediately upon receipt for visible damages and completeness. Buyer shall report any damaged, incomplete or incorrect product discovered to the Seller without delay. In addition, Buyer shall inform the carrier of the damage detected and ensure that the damage is specified on the shipping documents and confirmed in writing by both parties.
- The warranty period of a brand new product is 24 months since the takeover of the product. If a defect occurs within six months from the takeover of the product by the Consumer, the product is deemed to have been defective upon their takeover.
- The warranty does not apply:
- to a defect of a product sold for a lower price for which the lower price was stipulated;
- to the wear and tear of a product caused by its normal use;
- if it follows from the nature of the product.
- The warranty period of a used product is 12 months since the takeover of the product. Nevertheless the warranty does not apply to a defect of a used product corresponding to the extent of use of the product or its wear and tear upon takeover by the Buyer.
- The Buyer shall inform the Seller of any defects of the product without undue delay of having ascertained them. In case of a defect the Buyer shall sent the claimed product to the address of the Seller – Tuřanka 1315/112, Slatina, 627 00 Brno, Czech Republic, together with a document proving the purchase of the product, warranty certificate (in case the warranty certificate was delivered to the Buyer) and the information about the reason of the warranty claim including the description of the defect of the product.
- In case of the warranty claim, the Buyer may also require the supply of a new thing without defects, unless it is disproportionate to the nature of the defect, but where the defect only concerns a component part of the thing, the Buyer may only request a replacement of that component part; if it is impossible, he/she may withdraw from the contract. If, however, it is disproportionate to the nature of the defect, in particular where the defect can be removed without undue delay, the Buyer has the right to have the defect removed gratuitously.
- Even where a defect is removable, the Buyer is entitled to have a new thing supplied or a component part replaced if he/she cannot use the thing properly due to the repeated occurrence of the defect after a repair or due to a larger number of defects. In this case, the Buyer shall also have the right to withdraw from the contract.
- If a Buyer fails to withdraw from the contract or assert his/her right to have supplied a new defect-free thing, its component part replaced or the thing repaired, he/she may require a reasonable price reduction. A Buyer also has the right to a reasonable price reduction where the Seller cannot supply to the Buyer a new defect-free thing, replace a component part of the thing or repair it, as well as where the Seller fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the Buyer.
- A Buyer shall not have the right arising from a defective performance if, before the takeover of the thing, he/she was aware that the thing had a defect, or if it was caused by the Buyer himself.
- In case of a used product, the Buyer has the right to a reasonable price reduction instead of the right to have the product replaced.
- The Seller settles a warranty claim and rectifies the defect without delay, in case of a Consumer at the latest within 30 days since filing the warranty claim, unless a longer period is agreed between the Seller and the Buyer. Elapsing of such a period is considered to be a substantial breach of the contract and the Buyer is entitled to withdraw from the contract.
- Buyer may withdraw from the purchase contract due to the reasons stated in this T&C or by the law.
- Consumer may withdraw from the purchase contract within a period of 14 days without stating a reason. The period for the withdrawal starts from the date of the takeover of the product. In case the subject of the purchase contract is several types of products or delivery of several parts, the period for the withdrawal starts from the date on which the last supply of the product/parts is taken over.
- Consumer is not liable for a decrease of the value of the product except the situation when the consumer handles the product in a different way than it is necessary for getting to know the nature and the characteristics of the product, including its functionality.
- To meet the period for the withdrawal it is sufficient to send the withdrawal before expiring the period (the withdrawal does not have to be delivered to the Seller within the period).
- Buyer may withdraw from the purchase contract by sending a notification about a withdrawal on the e-mail address: firstname.lastname@example.org or by post to:
Darfon Electronics Czech s.r.o.
627 00 Brno – Slatina
- Buyer may withdraw from the purchase contract also using the form.
- The Seller returns to the Buyer all payments that the Seller received, including the shipping costs (except the additional costs that arose due to the Buyer´s choice of the delivery that differs from the cheapest way of the standard way of the delivery that the Seller offers). The payments will be returned after the receipt of the returned product or when the Buyer proves that the product was sent back, whichever occurs first. For the return of the payments the same payment mean will be used as the one used for the initial payment, unless the Buyer stipulates otherwise.
- Buyer sends to the Seller the product without undue delay, but no later than within 14 days since the day of the withdrawal of the contract. To meet the period it is sufficient to send the product before expiring the period of 14 days (the product does not have to be delivered to the Seller within the period).
- The Buyer bears the costs connected with returning the product.
9. Personal Data Protection
Information about Personal Data Protection are available here Principals of Personal Data Protection.
- Purchase contracts and legal relationships arising therefrom shall be governed by the laws of the Czech Republic. The UN Convention on the International Sale of Goods (CISG) shall be excluded.
- In case that the Buyer is a Consumer and resides in the territory of the European Union, the Buyer (Consumer) also receives the protection provided by the mandatory provisions of the legislation of the country where the Buyer resides.
11. Complaints, Resolution of Disputes
- Buyer is entitled to send the Seller a complaint in any form and the Seller undertakes to deal with the complaint and to try to settle the complaint. Buyer may also approach with a complaint the relevant controlling body or state supervision body (for example The Czech Trade Inspection Authority, Trade Licensing Office or Office for Personal Data Protection).
- Consumer has the right to an extrajudicial resolution of a Consumer dispute from a purchase contract. The Czech Trade Inspection Authority, having its registered office at Štěpánská 567/15, 120 00 Prague 2, -No.: 000 20 869, internet address: http://www.coi.cz, is responsible for the extrajudicial resolution of the Consumer disputes from the purchase contracts. Extrajudicial resolution of a Consumer dispute is initiated at the Consumer’s request. The Consumer may file a petition to initiate an extrajudicial resolution of a Consumer dispute with the Czech Trade Inspection Authority within 1 year since the day, when he/she executed their right, which is the subject of the dispute, in relation to the Seller for the first time. To resolve a Consumer dispute from a purchase contract, the Consumer can also use the online dispute resolution platform set up by the European Commission at https://ec.europa.eu/consumers/odr.
- Exclusive place of venue for all disputes between an Entrepreneur and the Seller resulting from or in connection with the purchase contract shall be Brno, Czech Republic. In case of a Consumer a dispute will be decided by the appropriate court in accordance with the legal regulations.
12. Final Provisions
- The Seller reserves the right to amend these T&C. The new wording of T&C will be published on the website of the online store. The new wording of T&C applies only to the contracts concluded after the new wording of T&C came into force. The contracts concluded before the new wording of T&C came into force shall be governed by the previous wording of the T&C.
- Should any of the provisions of these T&C be or become invalid or ineffective, no other provisions shall be thereby prejudiced. Any invalid or ineffective provision shall be replaced by a provision that is as close to the meaning and purpose of the invalid of ineffective provision as possible.
- These T&C shall come into effect on 23/07/2019.