The terms and conditions
The terms and conditions
These terms and conditions apply only to the purchase of goods through .
§ 1 General information, scope of application
These General Terms and Conditions specify and specify the rights and obligations of the Seller, which is the owner and operator of the website , Eu-Print s.r.o. with its registered office at Bořivojova 48, Ostrava 71800, ID No .: 286 29 558, registered in the Commercial Register maintained by the Regional Court in Ostrava and the buyer, C 35573. All contractual relations are concluded in accordance with the laws of the Czech Republic. These Business Terms and Conditions apply to business relations with the Buyer who is an entrepreneur - natural person (§ 14 of the Civil Code) or a legal person under public law, or a public entity. When registering, it is necessary to submit an extract from the Commercial Register or a trade license. The General Terms and Conditions in the currently valid version also apply to future contracts for the purchase and / or delivery of movable assets concluded with the same Buyer without the need to always refer to the validity of these Conditions. The relationship between the Seller and the Buyer is governed by Act No. 513/1991 Coll., The Commercial Code.
These General Terms and Conditions are valid without reservation. Individual conditions accepted in the given situations (also additional provisions, amendments and changes) take precedence over the General Terms and Conditions only if they are confirmed in writing by the Seller.
§ 2 Conclusion of Contract
The information and product descriptions provided by the Seller on the website and in the catalogs are not binding (invitation to tender).
Ordering goods made by the customer is a binding contractual offer. The purchase contract is concluded by a written confirmation of the order by the Seller or when the goods are delivered to the Buyer. Unless otherwise agreed in the given situation, the prices quoted in the offer at the time of conclusion of the contract are plus VAT.
The buyer agrees with the partial execution of orders and their individual billing.
§ 3 Terms of payment
Invoices for delivered goods are due within 14 days from the date of issue. Depending on individual arrangements, deliveries can be made according to cash on delivery, prepayment or other payment terms.
After the 14-day maturity date of the invoice, the situation of payment delay occurs. In the event of the Buyer's delay in paying the purchase price of the goods invoiced by the Seller's invoice, the Buyer shall pay the Seller default interest at the agreed amount of 0.25% of the outstanding amount for each day of delay.
If it is proved after the conclusion of the contract that the Seller's right to payment of the purchase price of the goods is threatened by the Buyer's insolvency, the Seller is entitled to withdraw from the concluded contract.
§ 4 Transport costs
Goods are delivered by the Seller selected by the carrier. Shipping costs are borne by the Buyer.
The cost of transport is 185, - CZK per 1 carton with delivery to the Czech Republic. Shipping costs include all packing costs, accompanying documents, and typical costs incurred during shipping and delivery of goods. For express shipments, additional costs (express delivery, courier delivery or similar services) are borne by the Buyer.
§ 5 Netting; right of detention
The Buyer has the right to set off the Buyer's receivables against the Seller's receivables only if his receivables are recognized by a final decision of the court, recognized by the Seller or there is no dispute between the Seller and the Buyer. The Buyer is entitled to realize the right to set off a monetary claim only if his claim results from the same order.
§ 6 Delivery time and delay in delivery of the goods
Delivery times and other periods related to the delivery date of the goods are not binding unless expressly agreed otherwise. The manner and date of delivery of the goods shall be governed by the relevant legal provisions.
If the Seller fails to adhere clearly to the binding delivery time for reasons on its part, or if there is a delay for other reasons on the side of the Seller, the Buyer shall specify an additional time limit for fulfilling the obligations. If the Seller fails to meet the obligation within the additional period, the Buyer is entitled to withdraw from the purchase contract.
If the Seller is unable to meet the binding delivery times for reasons not on his side (impossibility to deliver), the Seller shall immediately inform the Buyer of this condition and determine the expected new delivery time. If the delivery cannot be realized within the new time limit, the Seller is entitled to withdraw from the contract in whole or in part; the Seller is obliged to return the already made payment to the Buyer's account without delay.
§ 7 Delivery, transfer of risk of damage to the goods, takeover, delay in taking over the goods
The ordered goods will be delivered to the delivery address specified in the order by the Buyer. At the Buyer's written request, the goods may be sent to another destination.
The risk of damage to the goods including possible loss of goods or possible deterioration of their properties together with the handover of the goods, and in the case of purchase with delivery at the moment of delivery of the goods, passes to the contractual carrier upon receipt of the goods by the carrier.
If the Buyer is in delay with the takeover of the goods or the Buyer fails to provide the necessary assistance or the delivery of the goods is delayed for other reasons incurred by the Buyer, the Seller is entitled to claim damages, together with the costs for storage).
§ 8 Retention of title
All deliveries of goods are made subject to ownership. Until the full payment of the purchase price or other claims arising from the purchase contract, the Seller is the owner of the goods delivered by him. Until the goods are fully paid to the Seller, the Buyer is not entitled to resell or otherwise transfer the goods to another person.
§ 9 Information on colors and sizes
The Buyer acknowledges that the colors and sizes published by the Seller (catalog, Internet, etc.) published by the Seller do not have to comply with the relevant standards. This also applies to the size data on the labels. Depending on the country of origin of the product, sizes and colors may vary.
Real deviations from size and color do not give rise to claims for defects in the goods if the delivered goods correspond to the order with respect to the specified size (eg L) or color (eg red). The Buyer's claim for a return of goods pursuant to Section 12 shall not be linked to the derogations referred to in the preceding sentence.
§ 10 Claims of the Buyer arising from defects in goods
If the delivered goods do not have the properties agreed between the Seller and the Buyer or are not suitable for contractual or general intended use, the Seller is obliged to fulfill the obligation to deliver the goods in an alternative way, ie by delivering goods having the properties agreed between the Seller and the Buyer respectively. which is suitable for contractual or general intended use. The deadline for fulfilling the obligation to deliver the goods in an alternative manner shall be determined by agreement between the Seller and the Buyer.
The Buyer's claims arising from defects in the products can be satisfied provided that the Buyer fulfills the legal obligations to inspect the goods and report the defects (Sections 427, 428 and 435 of the Commercial Code). The Buyer is obliged to report the claim of visible defects immediately to the Seller within 6 weeks of receipt of the goods and hidden defects immediately after their detection, at the latest within one year after the delivery. to identify any defects; after printing or embroidering, the Buyer is no longer entitled to claim against the Seller for liability for defects in the goods.
Claimed goods must be sent to the Seller within the specified time and place.
The substitute method of fulfilling the obligation to deliver the goods will be realized - at the Buyer's option - by removing the defects of the goods or by delivering impeccable goods (substitute delivery). The Buyer is not entitled to reduce the purchase price or withdraw from the purchase contract until the obligation is fulfilled.
Claims for damages due to defects may be claimed by the Buyer only if the substitute performance of the obligation does not lead to proper fulfillment of the Seller's obligation to deliver the goods to the Buyer in accordance with the purchase contract. The Buyer has the right to claim damages under the following conditions.
§ 11 Liability for Damage
Liability for damage is governed by the relevant provisions of the Commercial Code.
§ 12 Return of goods to the Seller
1. The Buyer is entitled to return the goods to the Seller only on the basis of a previous telephone, fax or mail report of the complaint, ie the claim arising from the Seller's liability for defects, for reasons stated in these Terms and Conditions or for statutory reasons. Goods sent to the Seller without prior notice will not be accepted by the Seller.
2. Return of goods under the conditions specified in paragraph 1, if it relates to new goods with unchanged characteristics, the Seller will be recognized only if the delivery did not occur earlier than 7 days. For hygiene reasons, underwear and socks cannot be returned or replaced, and unwrapped shirts and blouses cannot be returned. Brook Taverner returns only in the original packaging with the original label.
3. Shipping costs are re-counted when goods are exchanged. However, this does not apply to the replacement of defective goods.
4. If the reason for returning the goods is defective delivery, the cost of dispatching or receiving the goods shall be borne by the Seller. If there is no substitute delivery of the goods (delivery of goods after removal of defects or replacement of defective goods for perfect ones), after the return of the goods according to the conditions specified in paragraph 1, the Seller will be sent a credit note to the Buyer for the value of returned goods.
5. If the Seller establishes that the delivery is not defective and if it is agreed between the Seller and the Buyer that the Seller retains the goods, the Seller shall issue a credit note to the Buyer amounting to 25% of the purchase price for goods to cover handling costs. Goods can be returned within 14 working days of purchase in the current calendar year.