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    Terms and Conditions

     

    These General Terms and Conditions (hereinafter the “Terms and Conditions”) apply to contracts concluded through the Pearcontrol online store located on the website interface at http://pear-control.com/ (hereinafter the “website interface”) between

    our company:

    PearControl s.r.o.
    registered office: Příkopy 1889, 393 01 Pelhřimov
    Company ID: 04049845
    VAT ID: CZ04049845
    registered: in the Commercial Register kept by the Regional Court in České Budějovice, section C, file 23663
    mailing address: Příkopy 1889, 393 01 Pelhřimov
    phone: +420 775 165 822
    e-mail: info@pear-control.com
    as the seller

    and you as the buyer.

    1. INTRODUCTORY PROVISIONS

    1.1. Summary of the Terms

    Under the purchase contract, we undertake to deliver to you the goods specified in the order, and you undertake to accept such goods and pay the purchase price. To conclude the contract, you must place an order, and the order must be accepted by us (as described in Section 2). Information on prices is provided in Section 3. Available payment and delivery methods can be found in Sections 4 and 5. Information about the right to withdraw from the contract after receiving the goods is contained in Section 6. Complaints are governed by our Complaints Policy.

    1.2. Is this a consumer contract?

    This is a consumer contract if you are a consumer, meaning a natural person purchasing goods outside the scope of your business activities or outside the independent performance of your profession. Otherwise, it is not a consumer contract, and you are not entitled to consumer protection under legal regulations and these Terms and Conditions.

    1.3. What governs our rights and obligations?

    Primarily the contract, which consists of:

    • these Terms and Conditions, defining our mutual rights and obligations;

    • the Complaints Policy, under which we handle claims;

    • conditions and instructions stated on the website interface, particularly during the ordering process;

    • your order and our acceptance of it;

    In matters not covered by the contract, our rights and obligations are governed by Czech law, particularly:

    • Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”);

    • Act No. 634/1992 Coll., Consumer Protection Act, as amended (only if you are a consumer).

    If your residence or registered office is outside the Czech Republic or if the legal relationship contains an international element, you agree that the relationship is governed by Czech law. If you are a consumer and the law of your country of residence provides a higher level of consumer protection, that higher level of protection applies.

    1.4. How do you express your agreement with the Terms and Conditions?

    By submitting your order and also by confirming on the website interface that you have read and agree to these Terms and Conditions.

    1.5. Additional information

    If any provision of these Terms becomes invalid, ineffective, or unenforceable (or becomes so), a provision with a similar meaning shall replace it. The validity of the remaining provisions is unaffected. We may amend or supplement the Terms. Your rights and obligations are always governed by the version effective at the time they arose. Amendments to the Terms may only be made in writing.

    2. PURCHASE CONTRACT

    2.1. How is the contract concluded?

    To conclude the contract, you must submit an order in accordance with these Terms and Conditions, and we must accept the order. Note that the presentation of goods on the website interface is informative and does not constitute a proposal to conclude a contract under Section 1732(2) of the Civil Code.

    2.2. How to place an order?

    You can place an order through the website interface (by filling out the form) or in another manner permitted by the website. The order must contain all information required by the form. Before submitting the order, you will see a summary including the final price (including all taxes, duties, and fees). At this stage, you may correct any input errors.

    You place a binding order by clicking the “ORDER” button. We consider the information in the order to be correct and complete. Notify us immediately of any changes by phone or email.

    2.3. Can you cancel or modify an order after sending it?

    You may cancel or modify an order we have not yet accepted by phone or email. All accepted orders are binding. Later cancellation or modification is possible only by agreement with us. If such an order concerns goods that cannot be withdrawn from (as detailed in Section 6), we may claim reimbursement of costs already incurred.

    2.4. How do you know the order was accepted?

    You will be informed when we receive your order. This confirmation is sent automatically and at the same time serves as order acceptance. The purchase contract is concluded when our acceptance is delivered to your email. If acceptance is not delivered, the contract is concluded when you receive the goods.

    2.5. Can you obtain the contract in text form?

    Documents forming the contract will be sent by email or, upon request, printed and sent by post. We may request reimbursement of postal costs. Contract documents are stored electronically and are not accessible to third parties.

    3. PRICE

    3.1. Can the price change?

    If the price displayed is no longer current, we will notify you. A price change occurring between order submission and acceptance does not affect accepted orders. If an evident technical error occurred regarding the listed price, we are not obliged to deliver the goods at that clearly incorrect price.

    3.2. Can discounts be combined?

    Discounts cannot be combined unless expressly stated otherwise.

    4. PAYMENT TERMS

    4.1. Accepted payment methods

    You may pay the purchase price:

    • in cash on delivery;

    • online by payment card via the GoPay gateway;

    • by bank transfer before delivery (details provided in order confirmation).

    Additional methods or fees may be listed on the website.

    4.2. When is the purchase price due?

    Cash-on-delivery payments are due upon receipt of goods. For bank transfers, payment is due within five days of order acceptance and is considered paid when it reaches our account. If payment is not received on time, we may withdraw from the contract.

    4.3. Advance payments

    Under Section 2119(1) of the Civil Code, we may require full payment (or a deposit) before sending or handing over the goods.

    5. DELIVERY TERMS

    5.1. Delivery methods

    Delivery methods and associated costs are listed on the website interface. The order will always show the final price including delivery costs.

    5.2. Delivery time

    Delivery time depends on availability, the delivery method, and payment method. We cannot influence delivery times of external carriers. Goods in stock are typically shipped within two business days from order acceptance (or payment receipt for bank transfers). Out-of-stock goods are shipped as soon as possible. Delivery occurs when the goods are handed over to you. If you refuse goods without reason, it is not considered non-performance on our part nor withdrawal on your part. Ownership transfers upon full payment.

    5.3. Acceptance of goods

    Check packaging integrity upon delivery. If defects are found, immediately notify the carrier and us. Refusing a damaged shipment is not considered unjustified refusal. The risk of accidental destruction or damage passes to you at the moment of acceptance.

    5.4. What if you do not accept the goods?

    If repeated delivery or deviation from agreed delivery method is required due to your actions, you must cover the additional costs. Unjustified refusal entitles us to reimbursement of delivery and storage costs and any related expenses. For COD shipments, we may withdraw from the contract. If you already paid, we may proceed with self-help sale under Section 2126 of the Civil Code.

    6. WITHDRAWAL FROM THE CONTRACT

    6.1. How can you withdraw?

    As a consumer, you may withdraw from the contract within 14 days of receiving the goods; if delivered in parts, within 14 days of receiving the last part. Notify us by email or mail and send the goods back without delay. You may use the model form.

    6.2. Consequences of withdrawal

    Withdrawal voids the contract from the beginning. If a gift was provided with the goods, the gift contract terminates, and the gift must be returned together with the goods.

    6.3. Returning the goods

    Return the goods within 14 days of withdrawal to our mailing or registered address. Do not send COD. Include:

    • a copy of the delivery note or invoice;

    • written notice of withdrawal and preferred refund method.

    Missing documents do not prevent processing your withdrawal if legal conditions are met.

    6.4. Refunds

    We will refund all payments within 14 days, but not before receiving the goods or proof of shipment. In addition to the purchase price, delivery costs (up to the cheapest delivery option offered) are refunded. Refunds are made using the same method unless you request otherwise within ten days and incur no additional costs.

    You bear the cost of returning the goods.

    6.5. Damaged goods

    Pack returned goods carefully. If the returned goods are damaged, used, dirty, or partially consumed, you are liable for the reduction in value.

    6.6. When withdrawal is not possible

    Under Section 1837 of the Civil Code, withdrawal is not possible for goods customized to your request or tailored for you.

    6.7. When we may withdraw

    We may withdraw if:

    • payment is not received or goods are not accepted;

    • goods cannot be supplied under original conditions (e.g., discontinued);

    • fulfillment becomes impossible or unlawful.

    If we withdraw and you already paid, we will refund you within five days.

    7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

    Your rights are governed by applicable legislation (Sections 1914–1925, 2099–2117, and if you are a consumer, Sections 2158–2174 of the Civil Code). We handle claims in accordance with our Complaints Policy.

    8. ADDITIONAL INFORMATION FOR CONSUMERS

    8.1. Authorizations

    We are authorized to sell goods based on a trade license. No other authorization is required.

    8.2. Complaints handling

    Complaints are handled via our contact email. You may also contact the trade licensing office or the Czech Trade Inspection Authority.

    8.3. Consumer dispute resolution

    If a consumer dispute arises and cannot be resolved directly, you may contact:

    Czech Trade Inspection Authority
    Štěpánská 15, 120 00 Praha 2
    www.coi.cz, www.adr.coi.cz
    adr@coi.cz
    +420 296 366 360

    or

    Sdružení českých spotřebitelů, z. ú.
    Tř. Karla IV. 430, 500 02 Hradec Králové
    www.konzument.cz
    spotrebitel@regio.cz
    +420 495 215 266

    You may also use the EU online dispute resolution platform: http://ec.europa.eu/consumers/odr/

    8.4. Waste collection of electrical equipment

    Information regarding take-back of electrical equipment will be provided in accordance with Act No. 185/2001 Coll., on waste.

    9. WEBSITE REGISTRATION

    9.1. Registration

    Registration creates a user account. Keep login details confidential. We are not responsible for misuse. Information must be accurate. Accounts created with false or incomplete data may be cancelled.

    9.2. Purpose of the account

    The account allows ordering goods, tracking orders, and account management. Additional functions are listed on the website.

    9.3. Account cancellation

    We may cancel your account if it is used contrary to good morals, laws, or these Terms.

    10. COPYRIGHT, LIABILITY, AND WEBSITE USE

    10.1. Copyright

    The website content (texts including these Terms, photos, images, logos, software, etc.) is protected. You may not modify, copy, reproduce, distribute, or use content without consent. Product names may be registered trademarks.

    10.2. Liability and website use

    We are not liable for errors caused by third-party interference or improper use. You must not use methods that disrupt or overload the system. In case of unlawful behavior, we may restrict access without compensation and you must cover any proven damages.

    Links may lead to third-party websites.

    These Terms and Conditions are valid and effective from 2 April 2019.