TERMS AND CONDITIONS

W-controls s.r.o.

Purchaser Terms & Conditions

(the 1st December 2020)

1. General provisions

• The following General Business Terms and Conditions ("General Business Terms and Conditions") regulate the relationships of parties to a purchase contract entered into by and between W-controls s.r.o. company reg. No: 09663886 with its registered office at Konviktská 297/12, 110 00 Praha 1, Czech Republic registered in the Commercial Register with the Municipal Court in Prague, Section C insert No.: 339965 (hereinafter "W-controls" or "Seller"), and the Consumer ( hereinafter "Consumer").
• W-controls offers its goods via an e-shop et: w-controls.com (hereinafter "E-shop")
• Through the E-shop, W-controls offers and sales goods mainly related to hardware to various flight and other simulator software (hereinafter the "Goods")
• Consumer is a private individual acting in a private capacity, agreeing or otherwise dealing with W-control outside of the scope of her/his business activities who must be 18 years of age and legally competent. If W-controls should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, any contractual agreement between the two parties will be nullified with immediate effect.
• A Consumer contract is a contract concluded between W-controls and Consumer (hereinafter the "Contract").
• These General Terms and Conditions are an integral part of each Contract for The Goods entered into by and between W-controls and the Purchaser, where the contractual arrangements shall consist of these General Terms and Conditions and the purchaser's purchase order confirmed by W-controls.
• These General Terms and Conditions were formed in Czech and English languages. Contract between W-controls can be concluded in the Czech or English languages on Purchaser's choice in E-shop options.

2. Contract

• The Purchaser shall create a purchase order. The creation consists of several steps, including particularly the selection of the quantity and kind of The Goods, adding the chosen The Goods in a shopping basket, typing in personal data, selecting the art of payment and delivery.
• The Purchaser shall be informed about the kind of delivery of The Goods and relevant delivery costs to the destination of the delivery specified by the Purchaser. The Goods delivery costs and costs for packaging are not included in the purchase price of the Goods.
• Information on the Goods and their prices made available through the E-shop does not constitute a proposal for execution of a purchase contract by the W-controls and is indicative only. Section 1732 of Act No. 89/2012 Coll., the Civil Code, will thus not apply to this information.
• The summary of the purchase order is always displayed to the Purchaser before submitting to enable check and modification of the purchase order.
• All information on the prices of The Goods given through the E-shop represents the final prices including all taxes and fees that the W-controls is obliged to carry. The prices for the delivery and other fees (customs duties and other taxis and levies) are not included (see Art. 3).
• The final price specified in the purchase order will be charged excluding the value-added tax (VAT).
• In the case of delivery of goods to a third country (outside the EU or outside the EEA), the prices of The Goods are specified excluding VAT and other applicable taxes, fees and customs duties.
• The purchase price shall be paid in Euro currency.
• After the Purchaser submits the purchase order, the purchase order is going to be processed by the W-controls. The confirmation shall be sent from W-controls to the Purchaser subsequently. The Contract for The Goods is concluded upon delivery of the confirmation of the purchase order sent by the W-controls to the Purchaser's e-mail address. Links to the last and valid version of General Terms and Conditions are attached to the confirmation of the purchase order.
• Thus, the purchase order submitted to W-controls represents the Purchaser's proposal to execute a Contract based on these General Terms and Conditions. The confirmation of the purchase order represents acceptance of the proposal by W-controls.
• In case that purchase order includes goods which are not in stock for immediate send off to the Purchaser, the W-controls will deliver The Goods without unjustified delay as soon as they are available in stock again. W-controls will notify the Purchaser about an illustrative, non-binding delivery date directly on the E-shop website or after confirmation of the purchase order.
• By submitting an order, the Purchaser agrees with these General Terms and Conditions.
• These General Terms and Conditions are accessible on E-shop interface.
• Based on the concluded Contract, W-controls is obliged to deliver The Goods to the Purchaser in the agreed way and the appropriate quantity and quality. The Purchaser is obliged to pay to the W-controls the purchase price of The Goods and the costs of their delivery. The Purchaser is obliged to take over the delivered The Goods.
• The Contract, with relevant General Terms and Conditions, shall be archived in electronic form and shall not be accessible.

3. Payment

Payments for the ordered The Goods can be carried out in one of the following manners, available manners of payment may differ depending on the Purchaser's location:

• by money transfer to the W-controls bank account based on an invoice;
• using payment cards via a payment gateway.
• In case of chosen money transfer to W-controls bank account, an Invoice containing the payment details will be issued to Purchaser after the purchase order has been placed.
• Cashless payments may be made by means of payment cards listed at the E-shop website. After submitting an order, the Purchaser is redirected to a payment gateway and is requested to enter the information on his/her/its payment card and to authorize the payment in the amount of the total price of the purchase order. The use of the payment gateway shall be governed by the terms and conditions of the operator of the relevant payment gateway, which are available online. If permitted by the laws of the country and the terms and conditions of the issuer of the payment card or by other applicable regulation, the Seller may choose not to require verification of payments made by a payment card through 3D-Secure.
• W-controls shall not be held liable for any damage caused in connection with the payment for The Goods through a third-party service (payment gateway, etc.).
• The Purchaser is obliged to pay the entire purchase price of The Goods, including the price of shipping before their handover to the shipping company for delivery.
• Based on payment of the purchase price of The Goods and any costs of delivery, the W-controls shall issue to the Purchaser a sales receipt or tax receipt which will be sent to the Purchaser in the electronic form to the e-mail address specified in the purchase order.

4. Delivery

• The delivery period starts the day after the order has been confirmed.
• W-controls is obliged to hand over The Goods to the relevant shipping company for transport to the contractual place of delivery unless not agrees otherwise. The Purchaser is obliged to take over The Goods at the location of delivery. This does not apply in the case that The Goods packaging shows signs of damage corresponding to the unauthorized opening of the parcel containing The Goods.
• In case that The Goods must be delivered repeatedly or in an another way than specified in the purchase order for reasons on the part of the Purchaser, the Purchaser is obliged to bear the costs related to the repeated delivery or the costs related to the different manner of delivery, as appropriate.
• The Purchaser is obliged to inspect The Goods immediately after the takeover of The Goods and notify the W-controls in case of any defect occurrence without undue delay.
• In case of delivery of The Goods to countries outside the EU, the Purchaser is liable for all customs duties, fees and taxes associated with the delivery of The Goods and the Purchaser is obliged to pay them at his/her/its own expense.
• The risk of damage to a thing shall be passed to the Purchaser upon takeover. The same consequences shall take place in case that Purchaser fails to take over a thing although he/she/it is allowed by W-controls to dispose of it.

5. Rights to cancel

• In the case of the Goods no longer available at W-controls at the time the Purchaser's purchase order has been received, W-controls reserves the right to cancel the order entirely. In this case, W-controls shall return any payment made by the Purchaser.
• W-controls reserves the right to refuse orders. If W-controls should reject an order, the Purchaser will be notified in the shortest time possible. In this case, W-controls shall return any payment made by the Purchaser. This may occur for instance because of serious objective reasons outside the Seller's control, as a consequence of which the W-controls will not be able to deliver The Goods under the relevant Contract without unreasonable costs, efforts, legal or other difficulties (e.g. due to permanent unavailability, substantial changes in the manufacturing price of The Goods, the imposition of export or import limitations by the competent authorities, etc.) or if the E-shop interface contains obviously false information on the price of The Goods.
• W-controls may also withdraw from the Contract in case that the Purchaser fails to take over the duly delivered The Goods or fails to provide co-operation mandatory for their delivery. In that case, the delivery costs shall be carried by the Purchaser.
• If the Purchaser does not pay the purchase price of The Goods including the price for delivery within 14 business days W-controls reserves the right for the Contract Withdrawal.
• In case of a pre-order (i.e. delivery The Goods that are not in stock or are in the manufacturing process, see Art. 3.k. hereof), W-controls reserves the right for the Contract Withdrawal in case that Purchaser fails to pay the full purchase price including the price of delivery and, if applicable, other costs within 14 business days after sending a request for payment.

6. The Consumer's right to cancel

• In case the Purchaser is Consumer, the purchaser can cancel a purchase order without giving a reason within a time period of 14 calendar days commencing on the day the of the takeover of The Goods. The purchase order may by cancelled by notifying W-control in writing, sending a letter, or email to:

• In case the Consumer cancels a purchase order, the Purchaser shall return the Goods to W-controls within a time period of 14 calendar days commencing on the day the Purchaser has notified W-controls of the order cancellation, unless otherwise agreed. The shipping costs of returning Goods shall be borne by the Purchaser. Purchasers must make sure that the item to be returned is properly wrapped up and ready for transport. Purchaser must provide W-controls with pictures taken during the wrapping of the returned item. The pictures shall be sent by email to info@w-controls.com.
• W-controls shall refund all payments received from the Purchaser within a time period of fourteen 14 calendar days after the Purchaser has cancelled an order. However, W-controls will not refund any delivery costs, unless otherwise agreed, W-controls will issue refunds by using the same payment method the Purchaser has chosen when paying for the order unless otherwise agreed. W-controls shall have the right to refuse to issue a refund until dispatched goods have been returned to W-controls.
• The Purchaser acknowledges that in case of cancellation from the Contract pursuant to Article 6 of these General Terms and Conditions, the Purchaser is liable to W-controls for any reduction in the value of the Goods that is caused by the disposal of the Goods in a manner other than necessary for the assessment of its nature and properties. The purchaser acknowledges that cancellation of the Contract is always possible only in relation to all the Goods of one delivered product if it consists of several separable the Goods.
• The provisions of Article 6 shall apply only to cases of withdrawal from the Contract by the Consumer. In other cases, unless the Purchaser is a Consumer, the Contract may not be withdrawn from on other than statutory grounds.
• The Right to Cancel Returns does not apply to:

1. Contracts for the supply of the Goods that are made to the Purchaser's specifications or are clearly personalized.
2. Contracts for the supply of goods which are liable to deteriorate or expire rapidly
3. The Goods which have been irreversibly mixed or connected with other goods after their delivery

• Purchaser is obliged to return the item without any damage. W-controls is not obliged to any money return to Purchaser in case that W-controls receives back damaged or misfunctioning goods.

7. Warranty

• W-controls is responsible for ensuring that the Goods are free of any defects, at the time of passage of the risk of damage to the Purchaser.
• The Buyer's rights arising from any defective performance shall be governed by Act No. 89/2012 Coll., the Civil Code, in particular, Sections 2099 to 2117 thereof, and, if the Purchaser is a consumer, also Sections 2165 to 2174.
• In the case of the delivered item being faulty or damaged, W-controls shall either repair the item or provide the Purchaser with a replacement item. If W-controls is unable to repair a faulty item, or provide the Purchaser with a replacement item, the Purchaser shall be entitled to ask for a reduction of the purchase price, or cancel the purchase order. However, the right to cancel does not apply in the case of minor item faults.
• If the Purchaser fails to notify the W-control of the choice of its right in due time, the Purchaser shall only have the rights specified below in case of non-material breach of the purchase contract. If the Purchaser fails to notify the W-controls of a defect of the Goods in due time, the Purchaser loses the right to withdraw from the contract. If the Goods only have defects that constitute a non-material breach of the Contract, the Purchaser has the right to claim the remedy of the defect or a reasonable discount on the purchase price.
• Warranties provided by W-controls only apply to single the Goods. Warranties for aggregates of the Goods require a mutual agreement between W-controls and the Purchaser at the time of purchase.
• In the case of the Goods return. Purchaser must make sure that the item to be returned is properly wrapped up and ready for transport. Purchaser must provide W-controls with pictures taken during the wrapping of the returned item. The pictures shall be sent by email to info@w-controls.com.
• W-controls shall only grant claims in cases in which damage or fault to the Goods has not been the result of inappropriate handling or overuse by the Purchaser.
• W-controls receiving a returned item in conjunction with a claim does not automatically constitute W-controls accepting the claim.
• W-controls shall not be liable for claims in conjunction with warranties provided by item manufacturers and other third parties at the time of purchase. Purchasers wishing to make a claim need to contact the manufacturer of the item directly.
• If the Purchaser is a Consumer, the Purchaser may also request delivery of new goods free of defects unless this is unreasonable in view of the nature of the defect. If the defect affects a part of the Goods, the Purchaser may only request a replacement of the given part. If this is not possible, the Buyer may withdraw from the purchase contract. Even where a defect is removable, the Purchaser who is a Consumer may request to have new Goods delivered or a part replaced if he/she cannot use the Goods properly due to repeated occurrence of the defect after a repair or due to a higher number of defects. In that case, the Buyer may also withdraw from the Contract.
• If the Purchaser is a Consumer and if a defect of the Goods becomes apparent within 6 months of its takeover, it shall be deemed that the Goods were already defective upon takeover. Furthermore, the Purchaser, who is a Consumer, is entitled to exercise the right arising from a defect of the Goods that becomes apparent within 24 months of their takeover; this shall not apply in case of:

1. discount-related defects;
2. usual wear and tear;
3. defects caused by ordinary use or wear and tear and evident at the moment of receipt by the Purchaser; or
4. cases implied by the nature of the case.

• A person having the right under Section 1923 of the Civil Code is also entitled to compensation of the costs purposefully expended in exercising this right. However, if the person fails to assert the right to compensation within one month after the time limit for claiming the defect has expired, a court shall not grant that right if the Seller invokes late the assertion of the right to compensation.
• The Purchaser shall exercise his/her/its rights arising from defective functionality with W-controls at the registered office.
• The Purchaser is obliged to notify W-controls of the choice of it's right in relation to the defects of the Goods in conjunction with notification of the defects of the Goods or without undue delay after the notification thereof.

8. Refund

• In case of withdrawal from the purchase contract by the Consumer pursuant to Article 6 hereof, W-controls is obliged to refund to the Purchaser the amount of the purchase price of the Goods and the costs of their delivery not later than within 14 calendar days of the withdrawal from the purchase contract by the Buyer pursuant to Article 6 hereof, provided that the Buyer has already handed over the Goods back to W-controls.
• In other cases, the Seller is obliged to refund the purchase price of the Goods to the Purchaser without the costs of their delivery within 30 days of the time when the Buyer becomes entitled to a refund of the purchase price hereunder.

9. Complaints

• The Purchaser may address their complaints directly to the Seller's e-mail address: info@w-controls.com. The Seller shall always send information on the manner of processing any complaint to the Purchaser's e-mail address.
• The Buyer may also address any complaints directly to the State supervisory authorities in the relevant area. The Seller is authorized to sell Goods based on a trade license. The operation of trade is controlled by the competent trade authority within its jurisdiction. Czech Telecommunication Office is the competent supervisory authority for complaints concerning electronic communication services. To the relevant extent, the Czech Trade Inspection Authority performs supervision over compliance with Act No. 634/1992 Coll., on consumer protection.

10. Privacy protection

• The privacy policy is contained in a separate document available at E-shop interface. Conditions and through which the W-controls performs its obligation to provide information to the Purchaser. By accepting these General Terms and Conditions, the Purchaser agrees with this privacy policy.

11. Applicable Law & Jurisdiction, Miscellaneous

• These Terms and Conditions shall be governed by the binding legal regulations of the Czech Republic, in particular, Act No. 89/2012 Coll., the Civil Code. Furthermore, the Purchaser, who is a Consumer, acknowledges that the choice of law pursuant to the preceding sentence shall not prejudice his/her consumer rights that cannot be derogated from by agreement and that would be used in the absence of the choice of law under the provisions of Article 6 (1) of Regulation 593/2008 of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
• The Parties expressly exclude the applicability of the Vienna Convention on Contracts for the International Sale of Goods to contractual relationships established by the Purchase Contract under these General Terms and Conditions.
• Invalidity or ineffectiveness of a provision of these Terms and Conditions shall in no way prejudice the validity and effectiveness of other provisions.
• This version of the General Terms and Conditions is valid and effective from 01.12.2020.
• The valid and effective version of these Terms and Conditions is always available at:
  https://www.w-controls.com