Terms and conditions
GENERAL TERMS AND CONDITIONS EFFECTIVE FROM 1 JANUARY 2024
These general terms and conditions (hereinafter the “GTC”) govern the contractual relationships between the company Tisk1.cz, s.r.o., IČ: 03899608, DIČ: CZ03899608, with its registered office at Světova 523/1, 182 00 Praha 8, Czech Republic, e-mail info@tisk1.cz, registered in the Commercial Register (hereinafter the “Contractor”) and any entity that orders services from the Contractor (hereinafter the “Customer”; together hereinafter the “contracting parties”).
These GTC form part of the contract that arises in any manner between the Contractor and the Customer (hereinafter the “Contract”). Differing provisions in the Contract take precedence over these GTC.
If the Customer is a person who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, concludes a contract with the Contractor or otherwise deals with it, this Customer is a consumer (hereinafter the “Consumer”). If the Customer states their identification number (IČ/IČO) in communication with the Contractor, it is presumed that they are not a Consumer.
1. Conclusion of the contract
1.1 If one of the contracting parties makes a sufficiently definite offer to conclude a contract (hereinafter the “Offer”) and the other party accepts it without reservation (hereinafter the “Acceptance”), a Contract always arises between the parties. If the other party’s response to the Offer contains additions, reservations or other changes, such a response is considered a new Offer.
1.2 These GTC form part of the Contract in particular in the event:
- that the Contractor attaches them to the Offer or refers to them in the Offer (e.g. by a link to their location on the website tisk1.cz),
- that the Contractor attaches them to any communication preceding the Acceptance or refers to them in this way and the Customer does not expressly reject them,
- that the Customer approves them in any communication,
- that the Contractor sends them to the Customer together with a proforma invoice or invoice and the Customer pays it.
1.3 The Offer may be made in particular by an e-mail from the Contractor to the Customer’s e-mail. The Acceptance may be made by an e-mail from the Customer or by conduct (e.g. by payment of the invoice).
2. Subject of the contract
2.1 The Contractor will, for consideration, provide services consisting of the printing and similar processing of graphic materials supplied by the Customer onto a selected material (hereinafter the “Services”). The Services are usually delivered on a tangible medium carrying the Services (hereinafter the “Product”).
2.2 The Customer acknowledges that the provision of the Services requires their cooperation in the form of supplying graphic materials to the Contractor in a format acceptable to the Contractor. In the event of failure to supply them within 30 days of the conclusion of the Contract, the Contractor is entitled to withdraw from the Contract.
2.3 The Contractor is not obliged to check the correctness of the graphic materials; the Customer is obliged to remedy any defects if these are communicated to them. Some defects may only become apparent after the Service has been carried out and these do not constitute defects of the Service.
2.4 The Customer is not entitled to change graphic materials once they have been supplied, unless otherwise agreed.
2.5 If the contracting parties agree that the Contractor will create the graphic materials, this creation is not included in the price of the Services, unless otherwise agreed.
3. Payment terms
3.1 VAT in accordance with the applicable legal regulations will be added to the price stated in the Offer.
3.2 The Contractor is entitled to issue an invoice at any time after the conclusion of the Contract, unless otherwise agreed.
3.3 The price is payable within 7 days of the date the invoice is sent to the Customer.
3.4 The Customer agrees that the invoice will be sent to them electronically to their e-mail.
3.5 The Contractor is entitled to require an advance payment on the price of the Services.
3.6 In the event of the Customer’s delay in payment, the Customer is obliged to pay interest on late payment in the amount of 0.1% for each day of delay.
4. Delivery terms
4.1 The Contractor’s obligation to perform the Services is fulfilled as soon as it:
- enables the Customer to take over the Product at the Contractor’s registered office, or
- hands over the Product to the first carrier for dispatch, or
- the Product is delivered to the Customer (in the event that the Customer is a Consumer).
4.2 The risk of damage to the Product passes to the Customer at the moment the Service is fulfilled.
4.3 If the Contract states a period for the performance of the Service, it is indicative, unless otherwise agreed.
4.4 The Customer has no right to compensation for damage caused by late delivery, unless the legal regulations preclude this.
4.5 The Customer is obliged to inspect the Product immediately upon receipt and to point out obvious defects.
4.6 If the Customer pays the price only after receipt, it is presumed that the Services are free of defects.
4.7 If a time of receipt at the premises is agreed, the Product is deemed to have been received unless the Customer proves within 24 hours that receipt did not take place.
5. Information for consumers
5.1 In relation to the Consumer, provisions prohibited by law do not apply.
5.2 The Customer confirms that they have been informed about:
- the exercise of the right of withdrawal,
- the possible costs associated with returning the Product,
- the obligation to pay a proportionate part of the price if the Service has already commenced,
- the right to address a complaint to the Contractor at the e-mail info@tisk1.cz or to the relevant authorities in accordance with the law.
6. The consumer’s right to withdraw from the contract
(This article applies only if the Customer is a Consumer.)
6.1 The Consumer has the right to withdraw from the Contract within a 14-day period without giving a reason.
6.2 The period runs from the day of the conclusion of the Contract.
6.3 To withdraw, it is necessary to inform the Contractor (e.g. by letter or e-mail).
6.4 If the Consumer withdraws, the Contractor returns all payments no later than within 14 days.
6.5 The refund of payments takes place in the same way that the Consumer used for the payment.
6.6 As regards the delivery costs, only the cheapest method of transport is refunded.
6.7 After receipt of the Product, the obligations under the law apply.
6.8 If the Consumer requested the commencement of the Service before the expiry of the period, they shall pay a proportionate part of the price.
6.9 If the Consumer does not have the right to withdraw, this is stated in the contract or the law.
7. Out-of-court resolution of consumer disputes
7.1 The Consumer has the right to the out-of-court resolution of consumer disputes in accordance with the law.
7.2 The governing law is the law of the Czech Republic.
7.3 Disputes will be decided by the relevant courts of the Czech Republic, unless precluded by law.
These terms and conditions are effective from 1 January 2024.