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​W-controls s.r.o.

Terms and Conditions for Consumers

(October 1, 2025)

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1. General Provisions

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1. These General Terms and Conditions (“Terms and Conditions”) govern the relationship between the parties to a Purchase Agreement concluded between W-controls Ltd., Company ID: 09663886, with its registered office at Konviktská 297/12, 110 00 Prague 1, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 339965 (hereinafter referred to as “W-controls” or the “Seller”), and the consumer (hereinafter referred to as the “Consumer”).

2. W-controls offers its goods through its online store at: www.w-controls.cz (hereinafter referred to as the “E-shop”).

3. W-controls (also referred to as the “Seller”) offers and sells, through the E-shop, primarily goods related to hardware for various flight and other simulators, as well as software (hereinafter referred to as the “Goods”), and services in the form of experience vouchers for flight simulator trials or rental of flight simulators (hereinafter referred to as the “Service”).

4. In accordance with applicable law, a distinction is made between a Buyer who is not a Consumer and a Buyer who is a Consumer.

5. The Buyer is a natural or legal person who places an order for Goods or Services via the web interface www.w-controls.cz.

6. The Consumer is a natural person acting outside the scope of their business or professional activity. The Consumer must be at least 18 years old and legally capable. If W-controls inadvertently concludes a contract with a person who is not legally capable of entering into contracts, such a contract shall be deemed immediately invalid.

7. A Consumer Purchase Agreement is a contract concluded between W-controls and the Consumer or Buyer (hereinafter referred to as the “Agreement”).

8. Vouchers sold through the web interface are gift vouchers for flight simulator courses and the provision of related services at the Provider’s premises or, in the case of equipment rental, at another agreed location (hereinafter referred to as the “Voucher”).

9. The Provider is an entrepreneur or another natural or legal person providing the Services sold by W-controls and vouchers for such Services, and is therefore a third party whose relationship with the Buyer or Consumer is governed by the Terms and Conditions agreed between these parties (hereinafter referred to as the “Provider”).

10. The User is the person who will receive the Service in the form of a flight simulator experience, regardless of whether they are the Buyer or the Consumer.

11. These Terms and Conditions form an integral part of every Agreement for the supply of Goods concluded between W-controls and the Buyer or Consumer, with the contractual arrangement consisting of these Terms and Conditions and the Buyer’s or Consumer’s order confirmed by W-controls.

12. These Terms and Conditions have been prepared in the Czech language. The Agreement between W-controls and the Buyer or Consumer may be concluded in Czech at the Buyer’s or Consumer’s choice and their selection in the E-shop.

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2. Agreement

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1. The Buyer or Consumer creates an order. The process of creating an order includes several steps, especially selecting the quantity and type of Goods or Service, adding the selected Goods to the shopping cart, choosing a date and time for the experience in the case of a Service, providing personal information, selecting a method of payment and delivery, and placing the order.

2. The Buyer or Consumer will be informed of the delivery method of the Goods or Service and the relevant costs to the destination specified by the Buyer or Consumer. Delivery and packaging costs are not included in the purchase price of the Goods.

3. Information about Goods or Services and their prices provided through the E-shop does not constitute an offer to conclude a purchase agreement by W-controls and is for informational purposes only.

4. The order summary is always displayed to the Buyer or Consumer before submission, so they can check and, if necessary, modify the order.

5. All information about the prices of Goods or Services listed in the E-shop represents final prices, including all taxes and fees that W-controls is obliged to pay. W-controls is not obliged to pay VAT; the final price does not include this item. Prices for delivery and other fees (customs duties and other taxes and charges) are not included.

6. For deliveries to third countries (outside the EU or EEA), Goods or Services prices are listed excluding VAT and other applicable taxes, fees, and customs duties.

7. The purchase price will be paid in Czech crowns or euros.

8. After the Buyer or Consumer submits the order, it will be processed by W-controls. Then, the Buyer or Consumer will receive an order confirmation. The Agreement for Goods or Services is concluded upon the delivery of the order confirmation sent by W-controls to the Buyer’s or Consumer’s email address. The order confirmation includes links to the current and valid version of the Terms and Conditions.

9. An order submitted to W-controls constitutes a proposal by the Buyer or Consumer to conclude a contract based on these Terms and Conditions. Confirmation of the order by W-controls signifies acceptance of this proposal.

10. If the order contains Goods or a Service that is not in stock for immediate delivery or currently unavailable, W-controls will deliver the Goods without undue delay once it is back in stock or the Service is resumed or made available. W-controls will inform the Buyer or Consumer of the estimated, non-binding delivery date directly on the E-shop website or after order confirmation.

11. By submitting an order, the Buyer or Consumer agrees to these Terms and Conditions.

12. These Terms and Conditions are available on the E-shop interface.

13. Under the concluded Agreement, W-controls is obliged to deliver the Goods or Service to the Buyer or Consumer in the agreed manner, in the appropriate quantity and quality. The Buyer or Consumer is obliged to pay W-controls the purchase price of the Goods or Service and the costs of their delivery and to accept the delivered Goods or Service.

14. The Agreement, including the relevant Terms and Conditions, will be archived electronically and will not be publicly accessible.

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3. Payment

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• Payments for ordered Goods or Services can be made using one of the following methods, depending on the Buyer’s or Consumer’s location:

• Bank transfer to W-controls’ account based on an issued invoice.

• Payment by card via the payment gateway.

• If a bank transfer is chosen, an invoice containing payment details will be issued after order submission.

• Cashless payments can be made using the cards listed on the E-shop website. After submitting the order, the Buyer or Consumer is redirected to the payment gateway, where they are asked to enter their card details and authorize the payment for the total order amount. The use of the payment gateway is governed by the terms and conditions of the gateway operator, available online. Where permitted by the law of the relevant country, the Seller may choose not to require verification via 3D-Secure.

• W-controls is not responsible for any damage related to payments for Goods or Services made via third-party services (e.g., payment gateways).

• The Buyer or Consumer must pay the full purchase price of the Goods or Service, including delivery costs, before it is handed over to the carrier for delivery, electronically or physically sent, or handed over.

• Upon payment of the purchase price of the Goods or Service and any delivery costs, W-controls will issue the Buyer or Consumer a sales or tax document, sent electronically to the email provided in the order.

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4. Delivery

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1. The delivery period begins on the day following the order confirmation.

2. W-controls is obliged to hand over the Goods or Voucher for the Service to the relevant shipping company for transport to the agreed delivery location, unless otherwise agreed. The Buyer or Consumer is obliged to accept the Goods or Voucher for the Service at the delivery location. This obligation does not apply if the packaging of the Goods or Voucher shows signs of damage corresponding to unauthorized opening of the package containing the Goods or Voucher.

3. If the Goods or Voucher must be delivered again or in a manner other than specified in the order due to reasons on the part of the Buyer or Consumer, the Buyer or Consumer is obliged to bear the costs associated with the repeated delivery or with the alternative method of delivery.

4. The Buyer or Consumer is obliged to inspect the Goods or Voucher immediately upon receipt and to notify W-controls without delay in case of any defect.

5. In the case of delivery of Goods or a Voucher for the Service to countries outside the EU, the Buyer is responsible for all customs duties, fees, and taxes associated with the delivery of the Goods or Voucher and must pay them at their own expense.

6. The risk of damage to the item passes to the Buyer or Consumer upon receipt. The same consequences apply if the Buyer or Consumer does not accept the item even though W-controls has made it possible for them to take possession.

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5. Provision of Service Based on a Voucher

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• Each voucher contains a unique activation key (special code), which is tied to a specific time and date for the Service (experience) and can be used only once. The voucher is activated by providing this key to the Seller, along with information about the person who will use the Service and the chosen or proposed date of the flight. This activation (reservation of the date) can be done either by selecting the date and time directly when ordering the voucher, or subsequently via email to the Seller’s electronic address, by phone, or in person at the Seller’s registered office.

• The voucher is valid for 12 months from the date of purchase, as stated on the voucher. After the expiration of the voucher, it is not possible to redeem Services based on it. The Seller does not provide any compensation for invalid vouchers.

• The Seller is not a party to the contractual relationship between you and the Provider. The Seller is not responsible for the fulfillment of obligations under the service provision contract by the Provider, nor is the Seller liable for any damage that may arise to you based on or in connection with the service provision contract.

• The Seller is not responsible for the loss, theft, damage, or destruction of a voucher. However, upon your request, the Seller may issue a duplicate for a lost, stolen, or damaged voucher.

• The Service User must be at least 10 years old, and their weight must not exceed 150 kg. The User is obliged to consider their physical and health condition and suitability to participate in the experience, particularly regarding acoustic and visual effects that may affect weaker or otherwise health-limited individuals. The Seller is not responsible for the User’s health suitability for participating in the Service.

• The Service User must follow the Provider’s instructions and ensure their own safety, avoid stepping over the marked safety lines on the floor defining the safe area, and not touch electrical devices located at the Service location.

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6. Right of Withdrawal

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1. If the Goods or Service is not available from W-controls at the time the order was received, W-controls reserves the right to cancel the order entirely. In such a case, W-controls will refund the Buyer or Consumer all payments made.

2. W-controls reserves the right to refuse orders. If W-controls refuses an order, the Buyer or Consumer will be informed as soon as possible. In such a case, W-controls will refund all payments made. This may occur, for example, due to serious objective reasons beyond the Seller’s control, which would make it impossible for W-controls to deliver the Goods or Services under the relevant contract without disproportionate costs, effort, legal or other difficulties (e.g., permanent unavailability, significant changes in the production price of Goods or mediation of the Service, imposition of export or import restrictions by the relevant authorities, etc.), or if the E-shop interface contains obviously incorrect information about the price of the goods.

3. W-controls may also withdraw from the contract if the Buyer or Consumer does not accept properly delivered Goods or a voucher for using the Service or does not provide cooperation necessary for their delivery. In such a case, the Buyer or Consumer bears the delivery costs.

4. If the Buyer or Consumer does not pay the purchase price of the Goods or Service, including the delivery cost, within 14 working days, W-controls reserves the right to withdraw from the contract.

5. In the case of a pre-order (i.e., delivery of Goods that are not in stock or are in the production process, see Article 3.k. of these Terms and Conditions), W-controls reserves the right to withdraw from the contract if the Buyer or Consumer does not pay the full purchase price, including delivery costs and any additional charges, within 14 working days of sending the payment request.

 

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7. Consumer’s Right of Withdrawal

• PIf the Buyer is a Consumer, they may withdraw from the order without giving any reason within 14 calendar days from the day of receipt of the Goods or the Service Voucher. However, in the case of a Service Voucher, if the Consumer uses the activation key during the fourteen-day withdrawal period for the voucher purchase, the right to withdraw from this contract is lost (§ 1837(a) of the Civil Code). Withdrawal from the order can be made by written notification to W-controls, sent by letter or email to:

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W-controls s.r.o.

Konviktská 297/12

Praha, 11000

Česká republika

Email: info@w-controls.cz

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1. If the Consumer withdraws from the order, they are obliged to return the Goods to W-controls within 14 calendar days from the day W-controls announced the cancellation of the order, unless otherwise agreed. The costs of returning the Goods are borne by the Consumer. The Consumer must ensure that the returned Goods are properly packaged and ready for shipment. The Consumer must send W-controls photographs taken during the packaging of the returned item. Photographs must be sent by email to info@w-controls.cz.

2. In the case of a Voucher, upon withdrawal from the contract by the Consumer, the Seller immediately cancels the unique activation key stated on the voucher.

3. W-controls will refund all payments received from the Consumer within 14 calendar days of the Consumer canceling the order. However, the costs of delivering the Goods or Service Voucher will not be refunded unless otherwise agreed. The refund will be made using the same payment method used by the Consumer for the order, unless otherwise agreed. W-controls has the right to withhold the refund until the returned Goods are received by W-controls.

4. The Consumer acknowledges that in the event of withdrawal from the Contract under Article 6 of these General Terms and Conditions, they are responsible to W-controls for any reduction in the value of the Goods caused by handling the Goods in a manner other than necessary to determine their nature and characteristics. The Consumer also acknowledges that withdrawal from the Contract is always only possible in a form that includes all parts of a single delivered product if the Goods consist of several separable parts.

5. Article 6 applies only in cases of withdrawal from the Contract by the Consumer. In other cases, withdrawal from the Contract is only possible for reasons stipulated by law.

6. The right to cancel an order and return Goods or Services does not apply to:

• Contracts for the supply of Goods or Services made according to the Buyer’s specifications or clearly personalized.

• Contracts for the supply of Goods or Services that are liable to rapid deterioration or expiration.

• Goods that have been irreversibly combined or mixed with other goods after delivery.

1. The Consumer is obliged to return the Goods undamaged. W-controls is not obliged to refund the Consumer if the returned Goods are damaged or non-functional.

 

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8. Warranty

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1. W-controls guarantees that the Goods are free of defects at the time of dispatch and that there is no risk of damage to the Buyer or Consumer.

2. The rights of the Buyer or Consumer arising from defective performance are governed by Act No. 89/2012 Coll., the Civil Code, particularly Sections 2099 to 2117, and in the case of a Consumer, also Sections 2165 to 2174.

3. If the delivered Goods are defective or damaged, W-controls will either repair the Goods or provide the Buyer or Consumer with replacement Goods. If W-controls is unable to repair or deliver replacement Goods, the Buyer or Consumer has the right to request a discount on the purchase price or cancel the order. The right of withdrawal, however, does not apply in the case of minor defects.

4. If the delivered Service does not correspond to the conditions agreed upon when ordering the Service, W-controls will either immediately rectify the Service or provide the Buyer or Consumer with an alternative date for the Service. If W-controls cannot correct or replace the Service, the Buyer or Consumer has the right to request a discount on the purchase price or cancel the order. The right of withdrawal, however, does not apply in the case of minor deviations in the Service.

5. If the Buyer or Consumer does not notify W-controls in time of which remedy for defective performance they have chosen, in the case of non-material breaches of the Purchase Agreement, they only have the rights specified below. If the Buyer or Consumer does not notify W-controls of the defect in time, they lose the right to withdraw from the Contract. If the Goods or Service have only defects that constitute a non-material breach of contract, the Buyer or Consumer has the right to have the defect remedied or to an appropriate discount on the purchase price.

6. W-controls warranties apply only to individual Goods or Services. Warranties for assemblies of Goods or Services require a mutual agreement between W-controls and the Buyer or Consumer at the time of purchase.

7. In the case of returning Goods, the Buyer or Consumer must ensure that the Goods are properly packaged and ready for shipment. The Buyer or Consumer is also obliged to provide W-controls with photographs taken during the packaging of the returned Goods. Photographs must be sent by email to info@w-controls.cz.

8. W-controls will only acknowledge complaints in cases where damage or defects to the Goods or Service were not caused by improper handling or excessive use by the Buyer or Consumer.

9. Acceptance of returned Goods by W-controls in connection with a complaint does not automatically mean that W-controls acknowledges the complaint.

10. W-controls is not responsible for complaints related to warranties provided by component manufacturers or other third parties at the time of purchase. Buyers or Consumers who wish to exercise a claim must contact the manufacturer of the item directly.

11. The Buyer or Consumer may request the delivery of new defect-free Goods or Services unless it would be unreasonable due to the nature of the defect. If the defect only affects a part of the Goods or Service, the Buyer or Consumer may request only the replacement of the affected part. If this is not possible, the Buyer or Consumer may withdraw from the Purchase Agreement. Even if the defect is repairable, the Buyer or Consumer may request the delivery of new Goods or Services or the replacement of the part if the Goods or Service cannot be properly used due to repeated occurrence of the defect after repair, replacement, or due to multiple defects. In such cases, the Buyer or Consumer may also withdraw from the contract.

12. In the case of a Consumer, it is assumed that if a defect manifests within 6 months of receipt, the Goods were defective at the time of receipt. Furthermore, the Consumer has the right to claim a defect in the Goods manifested within 24 months of receipt, except in cases of:

• Defects for which a discount on the purchase price was agreed;

• Normal wear and tear;

• Defects caused by normal use or wear already apparent upon receipt;

• Cases arising from the nature of the item.

1. A person entitled under § 1923 of the Civil Code is also entitled to compensation for reasonably incurred costs in exercising this right. However, if this person does not claim compensation within one month after the deadline for exercising rights from defects, the court will not grant this right if the Seller claims late submission of the compensation claim.

2. The Buyer exercises their rights arising from defective functionality at W-controls’ headquarters.

3. The Buyer is obliged to notify W-controls of their choice of remedy regarding defects in the Goods simultaneously with reporting the defects or without undue delay thereafter.

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9. Refunds

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1. In the event of a Consumer withdrawing from the purchase contract under Article 6 of this document, W-controls is obliged to refund an amount corresponding to the purchase price of the Goods or Service and the costs of its delivery no later than 14 calendar days from the Consumer’s withdrawal from the purchase contract under Article 6 of this document, provided that the Consumer has already returned the Goods to W-controls.

2. In other cases, the Seller is obliged to refund the Buyer or Consumer the purchase price of the Goods, excluding delivery costs, within 30 days from the moment the Buyer becomes entitled to a refund under these terms and conditions.

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10. Complaints

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1. The Buyer or Consumer may submit their complaints directly to the Seller’s email address: info@w-controls.cz. The Seller will always send information on how the complaint will be handled to the Buyer’s or Consumer’s email address.

2. The Buyer or Consumer may also address their complaints directly to the relevant state supervisory authorities in the respective area. The Seller is authorized to sell Goods or Services based on a trade license. The operation of the trade is supervised by the relevant trade office within its jurisdiction. The Czech Telecommunication Office is the competent supervisory authority for complaints regarding electronic communication services. Within its scope, the Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection.

 

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11. Privacy Protection

1. The privacy policy is contained in a separate document available in the e-shop interface. It outlines the conditions and the manner in which W-controls fulfills its obligation to provide information to the Buyer or Consumer. By accepting these General Terms and Conditions, the Buyer or Consumer agrees to this privacy policy.

 

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12. Governing Law and Jurisdiction, Other Provisions

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1. These General Terms and Conditions are governed by the binding legal regulations of the Czech Republic, particularly Act No. 89/2012 Coll., the Civil Code. The Consumer also acknowledges that the choice of law under the preceding sentence does not prejudice their consumer rights, which cannot be waived by agreement, and which would apply in the absence of a choice of law under Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

2. The contracting parties expressly exclude the applicability of the United Nations Convention on Contracts for the International Sale of Goods and Services to contractual relationships arising from the Purchase Agreement concluded under these General Terms and Conditions.

3. The invalidity or unenforceability of any provision of these General Terms and Conditions does not affect the validity and enforceability of the remaining provisions.

4. This version of the General Terms and Conditions is valid and effective from 1 October 2025.

5. The valid and effective version of these General Terms and Conditions is always available at:
   https://www.w-controls.cz