ID 084 28875, registered office: Rybna 716/24
110 00 Prague 1
registered in the commercial register kept by the Municipal Court of Prague under no. C 318895
valid from 19 August. 2019
I. Introductory Provisions
- Pursuant to Section 1751 (1) of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”), these General Terms and Conditions (hereinafter the “GTCs”) ) determine part of the content of the contracts for the provision of marketing services that the Company concludes with its customers.
- For the purposes of these T&Cs, customers are natural persons who are entrepreneurs within the meaning of Articles 420 et seq. Of the Civil Code, and legal persons within the meaning of Articles 20 and 21 of the Civil Code (hereinafter referred to as “Customers”, or each separately as “Customer”).
- All deliveries of the Company’s goods and services to Customers are subject to these GCS on the basis of orders accepted and orders, purchases or other contracts entered into elsewhere (hereinafter referred to as the “Contract”). These terms and conditions form an integral part of the Treaties. The divergent provisions of the Contract concluded in writing prevail over the GTC.
- The Customer’s proposal to conclude a contract (hereinafter referred to as the “Order”) is considered binding if made by telephone, fax, e-mail or in writing. The contract is concluded if the Company accepts the Order, generally in the same way.
- The Customer is entitled to terminate the Contract concluded on the basis of the accepted Order by paying a severance indemnity equal to 100% of the contractual remuneration of the Company specified in the Order.
III. Services and goods
- The Company provides goods and services to customers on the basis of valid contracts, which may also include the delivery of goods in specific cases (hereinafter referred to as “services and goods”).
- The services and goods are delivered in the usual quality and according to the specifications agreed between the Company and the Client.
- The customer is obliged to provide appropriate cooperation to provide the services and the goods. If he does not provide such assistance, the risk of damage to the goods in question passes to him at that time. If the customer is late with the receipt of the goods concerned, the company is also entitled to charge the customer a monthly storage fee from the first day of the second month started from such delay of 2% of the price of the goods in question, excluding VAT.
- Ownership of the goods, which forms part of the Services and the goods, is transferred to the Customer upon payment of 100% of the contractual remuneration in accordance with Article IV. and V.GTC.
- The Company provides the Services and Goods to the Customers for the contractual remuneration (hereinafter referred to as the “Price”) agreed between the Company and the Customer.
- Unless otherwise agreed between the Customer and the Company, in addition to the payment of the Price, the Company will always be entitled to reimbursement of all costs associated with the provision of Services and goods, even if the reimbursement of these costs is not expressly provided by the contract.
- Unless otherwise agreed between the Company and the Customer, the Price is always indicated exclusive of VAT. In this case, VAT is added to the price in accordance with generally binding legal provisions.
V. Termination of the contract
The Buyer acknowledges that pursuant to Section 1837 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “Civil Code”), it is not possible to terminate the purchase contract.
a) on the provision of services if his prior express consent, before the withdrawal period and the businessman before concluding a contract informed consumers that in such a case he has the right to withdraw from the contract,
b) the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the entrepreneur and which may occur during the period for withdrawal from the contract,
c) the supply of goods which have been adjusted as as desired consumer or to his person,
d) the supply of goods subject to perishability, as well as goods which have been delivered irretrievably mixed with other goods,
e) repair or maintenance carried out at the place indicated by the consumer at his request; however, this does not apply in the event of subsequent repairs or the delivery of spare parts other than those required,
f) the supply of sealed goods which the consumer has removed from the packaging and which cannot be returned for reasons hygiene,
g) the supply of audio or video recordings, or a computer program if it violated their original packaging,
h) the supply of newspapers, periodicals or magazines,
i) accommodation, transport, meals or leisure if the entrepreneur provides such a service within a specified period,
j) for the supply of digital content unless delivered on a material medium and delivered with the prior express agreement of the consumer before the expiry of the withdrawal period and if the trader has informed the consumer that he does not have the right of withdrawal from the contract The Customer acknowledges that pursuant to Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as “Civil Code”), it is not possible to withdraw from the purchase contract
Except in the case referred to in the first paragraph of Article V or any other case where the contract cannot be terminated, the Buyer shall, in accordance with article 1829 et seq. of the Civil Code, have the right to terminate the contract within fourteen (14) days of receipt of the service by the Buyer or a person designated by the Buyer. In order to meet the withdrawal deadline, it is sufficient to send the withdrawal before the expiry of the applicable period. The withdrawal from the Contract can be sent by the Buyer, inter alia, to the Seller’s premises or to the Seller’s e-mail address email@example.com . The Buyer can use the model withdrawal form of this GCS to withdraw.
In the event of termination of the contract pursuant to the second paragraph of Article V. CGV, the contract is automatically terminated. The goods must be returned to the seller within 14 days of sending the withdrawal to the seller. Goods must be returned to the seller in good, unused condition and, if possible, in the original packaging. The Buyer will bear the costs of returning the goods if these goods cannot be returned by their normal postal nature. The maximum cost of returning these goods is estimated at 500 EUR.
In the event of a withdrawal pursuant to the second paragraph of Article V. CGV, the Seller must return the service provided by the Buyer within fourteen (14) days following the withdrawal (in the case of a contract for the purchase of goods only on receipt of the returned goods by Seller) To Seller, whichever comes first), by bank transfer to an account nominated by Buyer (unless otherwise specified by Buyer provided that such return does not entail additional costs for the Seller), due to the delivery method chosen by the Buyer, an international tracking number must be provided. The seller is also entitled to return the service provided by the buyer when the goods are returned by the buyer.
The Buyer acknowledges that if the returned goods are damaged, worn, partially consumed or otherwise, their value will be reduced as a result of handling the goods in a manner other than that necessary to become familiar with the nature and characteristics of the goods, including their functionality. , The Seller is entitled to claim damages from the Buyer. The seller is entitled to unilaterally offset the claim for damages suffered by the buyer’s claim for reimbursement of the price or its part. In the event of withdrawal from a service contract, the execution of which has already begun but has not yet been fully provided, the Buyer is required to pay a proportional part of the price of the service already provided and in the event of withdrawal,
The seller has the right to terminate the contract at any time until the buyer accepts the goods or services. In this case, the Seller will return the price to the Buyer without undue delay, by bank transfer to the account designated by the Buyer.
If a gift is provided to the buyer together with the goods or service, the gift contract between the seller and the buyer shall be concluded with the cancellation condition that if the buyer withdraws from the contract, the gift contract for this gift ceases and the gift provided.
VI. Transport, delivery of goods and provision of services
The mode of delivery of goods and provision of services is determined by the Seller unless otherwise stipulated in the contract. If the mode of transport is agreed at the Buyer’s request, the Buyer bears the risks and any additional costs associated with this mode of transport.
If the seller is obliged under the contract to deliver the goods to the place indicated by the buyer in the order or to perform the agreed services there, the buyer is obliged to take delivery of the goods or to bear the supply of these goods on delivery. If the buyer does not take delivery of the goods upon delivery, the seller is entitled to charge storage costs of EUR 5 (in words: five euros) or the seller is entitled to withdraw from the contract.
In the event that, for reasons on the part of the Buyer, it is necessary to deliver the goods several times or in a manner other than that indicated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with other delivery methods.
Upon receipt of the goods by the carrier, the Buyer is required to check the integrity of the packaging of the goods and in the event of a defect, to immediately inform the carrier. In the event of a violation of the packaging indicating unauthorized entry into the shipment, Buyer is not obligated to accept the shipment from the carrier. By signing the delivery note, the Buyer confirms that the package of the shipment containing the goods was intact.
Other rights and obligations of the parties in the carriage of goods may be governed by special delivery conditions of the seller if issued by the seller.
The seller is only authorized to start the provision of the ordered service after the seller has paid the price for this service.
VII. Payment of the Price
- For the payment of the Price, the payment period agreed in the relevant Contract is decisive. Unless otherwise agreed, the customer is obliged to pay the price by bank transfer or online payment by credit card to the company’s bank account for publication in accordance with Section 96 of Act No. 235/2004 Coll., On value-added tax, as amended (hereinafter referred to as “bank account”). ), prior to the provision of the Service or goods on the date indicated on the invoice issued by the Company.
- Unless otherwise agreed by the Company and the Client, the Company’s invoices are issued with a due date of 14 days.
- The price is paid when the corresponding amount is credited to the company’s bank account under the correct variable symbol. If the variable symbol is not indicated or is misspelt, the Company is entitled to consider that payment of the price has not been made.
- If the Customer is late with the payment of the Price, costs according to article IV. 2 of the GTC or their accessories, even partially, the Company is not obliged to make other deliveries of Services and goods to the Customer. In the event of late payment of the Price for more than 30 days, the Company is entitled to terminate all contracts concluded with the Customer that has not yet expired.
- In the event that the Price is not paid correctly and on time, the Company shall be entitled to claim from the Customer a contractual penalty of 0.05% of the unpaid amount for each day of such delay. The application and payment of this contractual penalty do not release the Company from the right to compensation for the damage suffered.
VIII. Claims and Liability for Injury
- The Customer is required, at the same time as the acceptance of the Services and the goods, to take care to detect correctly, within a period of 3 days at the latest, any defects and to apply them in writing to the Company within the same deadline. If the Client fails to apply these defects duly and in time, the Company cannot take into account the subsequent application of these barriers. For the purposes of this provision of the GTC, the form of electronic mail is also considered to be a written form.
- The provision of paragraph 1 of this section shall be considered a waiver of the Customer’s right to suffer defective performance, beyond the scope of this Arrangement.
- Unless otherwise agreed in the contract, the company does not provide any quality guarantee to the customer.
- The Company shall only be liable for actual damages caused to the Customer within the framework of the causal relationship with the supply of Services and goods if such damages and their amount have been duly claimed and proven by the Customer up to the price. The Company shall not be liable to the Client for any other damages incurred in connection with the provision of Services and goods.
VIIII. Confidentiality and Trade Secrets
- All information relating to the business relationship between the Company and the Client will be considered a trade secret, unless otherwise provided by binding legal regulations.
- The Company and the Client will maintain the confidentiality of the trade secret of the other Party to which they have access. In the event of non-compliance with this provision, the Customer will be liable to the Company for any resulting damage.
X. Final Provisions
- Legal relations between the Company and the Client are governed by the laws of the Czech Republic, in particular the Civil Code.
- The locally competent court for the settlement of disputes between the Company and the Customer is the court determined by the Court of the Company.