Terms and Conditions - Société, s.r.o.
Company data:
| Company name: | Société s.r.o. |
| Registered seat: | Praha, Pod Labuťkou 1421/32, 18000 |
| Company registration number: | 27081613 |
| Tax number: | CZ27081613 |
| EU tax number: | CZ27081613 |
| Court of registry: | City court for Prague |
| Phone: | 420 225 341 300 |
| E-mail: | produkce@societe.cz |
Details of the data processor (webhosting provider):
- EVici webdesign s.r.o.
- Petra Bezruče 139, 747 91 Štítina, Czech Republic
- Tel.: +420 590 993 970
- E-mail: obchod@upgates.cz
1. SCOPE
1.1. Orders are carried out on the basis of the following conditions exclusively, other terms and conditions are not part of the subject matter of the contract.
1.2. Société s.r.o. is providing an online marketplace for the products and services of Société s.r.o. based on the agreement between said parties and therefore of Société s.r.o. are the seller in this webshop selling its products and services.
1.3. Buyer is the registered user who buys a product.
1.4. The seller shall issue an invoice containing the information provided by the buyer therefore Société s.r.o. is entitled to forward the information provided by the buyer to Société s.r.o. for the purpose of invoicing and delivery and in case a freighter is involved, to forward said information to the freighter.
1.5. Société s.r.o. operates the online marketplace as an intermediary in accordance with the laws of Czech Republic.
1.6. Sale and purchases performed through the webshop are governed by the laws of Czech Republic, especially the provisions of Act V. of 2013. on the Civil Code and the provisions of the E-commerce Act.
2. CONTRACT
2.1. The language of the contact is English.
2.2. All information on our website and in our correspondence – such as prices, product description, availability etc. – serves informational purposes only and shall not be construed as a binding offer. Our offers are non-binding; the contract only comes into effect on confirmation of the order.
2.3. Buyer could by only business entity with valid registration. If buyer is not business entity, he accepts this general terms and conditions
3. PRODUCTS AND SERVICES OFFERED
3.1. All products offered on our website may be purchased exclusively online.
3.2. Should Société s.r.o. apply a reduced price, such prices shall only be applicable to orders that are placed during the term of the promotion .
4. DELIVERY
4.1. The delivery deadline shall be individually agreed or specified by us on acceptance of the order.
4.2. Dispatch takes place at the lowest possible price.
Delivery have always special pricing, which shall be individually agreed by us.
4.3. We are entitled – when the delivery deadlines are observed – to make partial deliveries at our discretion, unless partial deliveries are not reasonable to our contract partner.
4.4. Delivery terms: EXW (Incoterms 2010), the obligations of Société s.r.o. are fulfilled when the order is handed over to the carrier for delivery. Société s.r.o. assumes no liability for the carrier’s performance, thus, risk of loss, damage and deterioration of the products shall pass over to the customer, as soon as the consignment is handed over to carrier. Furthermore, the delivery is not insured, all risks and damages shall be assumed by the customer and the carrier’s terms and conditions shall be applicable thereto.
4.5. Operational disruptions for which we are not responsible e.g. strike, lockout and all other instances of force majeure – either at Société s.r.o. or at any of its suppliers –, only justify the cancellation of the contract if the delay is longer than 30 days, in all other cases the agreed delivery deadline will be extended by the duration of the delay. Société s.r.o. shall have no liability for any loss, additional costs incurred or damages arising due to events described in this provision.
4.6. Société s.r.o. has the right to retain any printed or stamped submission, manuscript, raw material or any other object provided to the same by the buyer until the complete fulfilment of the payment obligations of the latter.
5. PRICES, PAYMENTS
5.1. The prices quoted in the offer are valid with the reservation that the job information on which the offer is based remains unchanged, but for no longer than four weeks from the date on which the customer received the offer. For orders with deliveries to third parties the ordering party shall be deemed to be the customer, provided that no other express agreement has been made. Prices quoted by the contractor do not include packaging, freight, postage, insurance and other shipping costs.
5.2. Costs resulting from subsequent changes requested by the customer, including the costs of any downtime resulting from these changes will be charged to the customer. Reproduction of the sample proof copy demanded by the customer due to slight deviation from the original master copy is to be considered as subsequent changes.
5.3. Sketches, drafts, specimen type matter, press proofs, galley proofs, corrections to delivered/transferred data and similar preliminary work requested by the customer will be charged for.
5.4. In the event that we lower or raise our prices in general between the time of the conclusion of the contract and the delivery, the price that is valid on the day of delivery will be charged. In the event of a disproportionate increase, the buyer has the right to cancel.
5.5. All prices are understood to be ex works Prague without VAT at the statutory rate on delivery. Our invoices are payable in advance. If buyer not provide seller with VAT registration, seller has to add VAT to final price.
5.6. The invoice will be issued on the day of the delivery, partial delivery or readiness to deliver (debt collectible by the creditor, default of acceptance) .
5.7. Reasonable advance payment may be requested for extraordinary amounts of preliminary work.
5.8. The customer may not offset its claims against the purchase price.
5.9. If after conclusion of the contract, it becomes apparent that the payment claim is jeopardised due to the customer's lack of ability to perform, the contractor may demand payment in advance, withhold goods that have not yet been delivered and suspend further work pertaining to the order. The contractor is also entitled to these rights, which are based on the same legal relationship, if the customer is in arrears with the payment of orderly deliveries.
6. COMPLAINTS/WARRANTIES
6.1. The buyer must check without delay that the goods and preliminary products and interim products sent for correction are pursuant to the contract in all cases. The risk of any defects shall be transferred to the buyer on declaring readiness to print/declaring readiness for production, insofar as this does not involve defects that first occurred or could be ascertained in the production process following the said declaration of readiness to print/declaration of readiness for production. The same applies for all other release declarations made by the buyer.
6.2. Obvious defects of personalised products are to be reported in writing within 48 hours of receipt of the goods, otherwise the assertion of a warranty claim is excluded.
6.3. For justified complaints we are firstly obliged and entitled to repair and/or replace the affected goods at our discretion. In the event that we fail to meet this obligation within a reasonable time frame or if the repairs fail despite repeated attempts, the buyer may request a reduction in payment (reduction) or the rescission of the contract (withdrawal).
6.4. Defects in part of the delivered goods are not grounds for objecting to the delivery as a whole, unless the partial delivery is of no interest to the buyer.
6.5. Goods returned without our consent will be returned at the expense of the customer, in so far as we are not obliged to make a replacement delivery or repairs. Goods whose recall we have agreed to, will be reimbursed at their market value less the costs of the new design and a handling fee of 10% of the net value of the goods.
6.6. For colour reproductions in all production processes slight deviations from the original may not be considered faulty. The same applies for comparisons between other prints (e.g. digital proofs, proofs) and the final product. Moreover, no liability shall be borne for deficiencies which do not impair the value or usability of the goods or do not do so to a material degree.
6.7. We are not obliged to check any deliveries (including data carriers, transferred data) from the buyer or a third party instructed by him. This does not apply to data that is obviously incapable of being processed or is unreadable. When transferring data, the customer must always use the most technically up-to-date anti-virus protection programme prior to transmission. Data backup is the sole responsibility of the buyer. The contractor is entitled to make a copy.
6.8. Excess or shortfall in the quantities delivered, up to 10% of the ordered quantity, cannot be a cause for complaint. The delivered amount will be invoiced.
6.9. Complaints and user inquiries relating to webshop transactions and the service may be lodged with Société s.r.o. primarily through an online interface. The webshop’s customer service shall reply to customer complaints and inquiries in writing to the e-mail address provided by the customer. All customer complaints, inquiries and related e-mail correspondence are managed in a closed customer service system.
6.10. The service provider is entitled to contact the seller if the subject of the complaint requires it.
7. RECISSION
7.1. The universal right to rescind the contract cannot be exercised in connection with products that were custom made for the user based on its specifications.
8. RETENTION OF TITLE
8.1. The delivered goods remain the property of the contractor until payment in full by the customer of all claims existing at the date of invoice. These goods may not be put to use and neither be pledged to third parties, nor assigned as security before full payment is made. The customer must immediately inform the contractor in writing if and to what extent third parties have access to goods belonging to the contractor.
8.2. The customer is only entitled to resell in the orderly course of business. The customer hereby assigns his claims proceeding from the resale to the contractor. The contractor hereby accepts the assignment. If the realisable value of the securities exceeds the claims of the contractor by more than 10 %, the contractor will thus - at the request of the customer – release securities at his discretion. In the handling and processing of goods delivered by and in the possession of the contractor, the contractor is to be regarded as the manufacturer and shall retain ownership of the products at all times during the processing. If third parties are involved in the handling and processing, the contractor is limited to a co-ownership share in the amount of the invoice value (final invoice amount incl. VAT) of the reserved goods. Property acquired in this manner is deemed retained property.
9. LIABILITY
9.1. The liability of Société s.r.o. is governed exclusively by statutory legislation.
9.2. Liability is otherwise excluded. The same applies for liability for a continuous and uninterrupted availability of the online distribution system; given the current state of technology, data communication over the internet cannot be guaranteed to be error free and/or available at all times.
10. PRIVACY POLICY
10.1. Our GDPR policy is available in the following website: www.sweet-promo.eu/gdpr
11. INDUSTRIAL PROPERTY RIGHTS/ COPYRIGHT
11.1. The buyer affirms that the rights of third parties, e.g. the rights of the author, labelling laws or personal rights will not be infringed by the specifics of his order, in particular by any templates supplied by him. In this respect, the buyer completely exempts the contractor from all third party demands including the costs of legal defence and /or prosecution.[
12. RIGHT TO TOOLS, AIDS ETC.
12.1. Tools, templates and operating items used by us in the manufacture of the printed products, especially films, blocks, lithographs, printing plates and punching tools, shall remain our property even if charged for separately.
13. PLACE OF EXECUTION, JURISDICTION
13.1. Parties shall endeavour to settle amicably all disputes associated with the contract. In the absence of an agreement being reached amicably, parties shall refer the dispute to the exclusive
competence of the City court for Prague 8, Czech Republc. The rules of UN law on the sale of goods shall not apply.
13.2. This contract shall be governed, construed, and enforced in accordance with the laws of Czech Rebublic, without regard to its conflict of laws rules.
13.3. This contract constitutes the full agreement between the parties regarding the subject matter of the Contract. By concluding the Contract all prior negotiations made by the parties either verbally or in writing and respectively all their prior agreements having the same subject matter are hereby repealed. Those customs which the parties applied before in their business relation and those practices they evolved within each other do not form part of the contract; nor do any of those customs which are known widely and commonly and are regularly used by parties of similar contracts in the given business.
Valid from 1/1/2023.