Terms and conditions
Terms and conditions
1. Introductory provisions
These terms and conditions apply to orders in the milionplus.cz online store (hereinafter referred to as the "Terms and Conditions"). The Terms and Conditions further define and specify the rights and obligations of the contractor and the customer (hereinafter referred to as the "customer").
Contractual relationships governed by these terms and conditions are concluded in accordance with the applicable legal system of the Czech Republic.
If the contracting party is a consumer, legal relations not regulated by these terms and conditions are governed by Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection. A consumer is anyone who enters into a contractual relationship with the contractor outside the scope of their business activity or outside the scope of their independent profession.
If the contracting party is not a consumer (entrepreneur), legal relationships not regulated by these terms and conditions are governed by Act No. 89/2012 Coll., the Civil Code.
By a contract concluded under these terms and conditions, the contractor undertakes to carry out, at its own expense and risk, the work consisting of producing printed matter according to the customer's order, and the customer undertakes to take over the work and pay the agreed price.
If the customer's cooperation is necessary to perform the work, the contractor will set a deadline for the customer in accordance with these terms and conditions.
2. Basic information about the contractor
Milion Plus sro, company ID 06762069, with registered office at 17. Listopadu 2753, 530 02, Pardubice, e-mail: eshop@milionplus.cz
company registered in the Commercial Register kept by the Regional Court in Pilsen, section C, file no. 35746
3. Operating hours
Orders are accepted through the online store 24/7.
4. Pre-contractual information
The contractor states that
a) The costs of means of remote communication do not differ from the basic rate (if applicable, Internet and telephone connection) according to the conditions of the customer's operator. The Contractor does not charge any additional fees related to remote communication,
b) requires payment of the purchase price before taking over the performance, but no later than upon taking over the performance, unless the contractor and the customer agree otherwise in writing,
c) the contractor does not conclude contracts whose subject matter is repeated performance,
d) the prices of services are stated on the website operated by the contractor including and excluding VAT, including all fees stipulated by law,
e) the cost of delivery of the service varies depending on the chosen method and transport provider and the method of payment as stated on the contractor's website. In the case of personal collection at the contractor's premises, the cost of delivery of the service is 0 CZK,
f) if the customer is a consumer, he has the right to withdraw from the contract in cases specified by law,
g) the customer cannot withdraw from the contract if the contractor has started to perform under this contract at the customer's express request before the expiry of the withdrawal period,
h) the customer is obliged to pay a proportional part of the price in the event of withdrawal from a contract, the subject of which is the provision of a service, the performance of which has already begun by the contractor,
i) the contract, or the relevant tax document, will be stored in the contractor's archive,
k) if the customer has a complaint, he may lodge it with the contractor or may contact the supervisory or state supervisory authority,
l) the contract is concluded in the Czech language.
5. Order
By sending an order, the customer confirms that he has read and agrees to these Terms and Conditions. The customer is sufficiently informed of these Terms and Conditions before placing the order and has the opportunity to familiarize himself with them. These Terms and Conditions are an integral part of the concluded contract.
The customer places the order by filling out the order form on milionplus.cz . The submitted order is binding. The customer is obliged to properly fill in the order form with all the information required by the contractor to successfully fulfill the order, in particular the delivery method, delivery address, billing information, required delivery date, production documents, contact information, mobile phone contact, e-mail address and contact person, and in the case of an order placed by a legal entity, also the time for contact with the public (working hours, office hours).
a) The Contractor shall inform the Customer of the receipt of the order by e-mail sent to the e-mail address provided by the Customer within five (5) hours of delivery of the order, but no later than the following business day.
b) The Contractor shall inform the Customer of the review of the submitted data, stating whether they are usable for printing, within five (5) hours of delivery of the order, but no later than the following business day.
c) The contractor simultaneously confirms the order to the customer, indicating the completion date.
d) By confirming the order, the contract between the contractor and the customer is concluded. If the contractor does not confirm the order within the above-mentioned period, the contractual relationship does not arise.
e) The customer may withdraw from an order whose acceptance has been confirmed by the contractor only with the contractor's consent, unless these Terms and Conditions provide otherwise.
f) The customer is responsible for the accuracy of the data provided in the order or in the request for sending a proof or which he agreed to during the proof (online, by email or via courier service /carrier/).
g) The customer is responsible for ensuring that the use of this data does not infringe the rights of third parties and expressly undertakes to compensate the contractor for any damage or costs incurred by the contractor due to infringement of the rights of third parties (e.g. unauthorized use of trademarks).
In the event of impossibility of fulfilling a confirmed order due to reasons on the part of the contractor (caused in particular by non-delivery of goods or their components by a third party), the contractor is entitled to withdraw from the contract. In such a case, the contractor and the customer shall make mutual settlements without undue delay.
6. Price
The price does not include shipping costs, which are charged separately to the final price of the order, depending on the selected type of transportation. Unless otherwise stated, the price includes value added tax at the rate set by law.
7. Delivery terms
The ordered goods will be sent to the requested address no later than 30 days after receipt of payment to the contractor's account.
In the event of a defect in the production equipment or other objective obstacle, this period is extended by the period during which such obstacle lasts; the contractor is not obliged to pay any claims as a result of such an obstacle, but is obliged to immediately inform the customer about such an obstacle by e-mail.
8. Price and method of transport
Shipping fees are included in the fee for the selected shipping method, other costs (e.g. packaging) are included in the postage price. Shipping prices are calculated only within the Czech Republic, in the case of shipping outside the Czech Republic, the shipping price will be determined individually.
9. Acceptance of goods
The customer is obliged to take delivery of the goods at the delivery address specified in the order, without undue delay after being notified of the delivery of the goods.
By signing the carrier's receipt of the shipment, the customer confirms that he has received the shipment in good condition and undamaged, as shown in the shipping document. The buyer is obliged to report any external damage to the shipment or related damage to the contents of the shipment caused by transport to the carrier at the time of receipt and is entitled to refuse to accept such a shipment. Any later complaint for this reason is based on the signed shipping document, which can be considered as proof of the perfect external condition of the shipment.
When accepting the ordered goods, the customer is obliged to make sure that the delivered shipment or its parts - especially its packaging - are not excessively mechanically damaged (for example, an unnaturally deformed box, a dented cardboard packaging, a torn plastic bag, etc.). In the event of non-acceptance of the goods, the customer is obliged to inform the contractor immediately in writing.
The risk of damage passes to the customer at the moment of receipt of the goods from the carrier or at the moment when the customer is in default with its receipt.
10. Warranty conditions, complaints, complaints procedure
Any complaints will be handled in accordance with the complaints procedure of the milionplus.cz online store and the legal system valid in the Czech Republic.
1. Goods can be claimed from the manufacturer according to the terms of the complaints procedure at the address:
Milion Plus sro, ID 06762069, 17.Listopadu 2753, Pardubice, 530 02
2. If the delivered item is defective and this defect already existed when the risk of damage passed to the customer, the customer has the rights listed below.
3. If the defective performance constitutes a material breach of contract, the customer has the right:
a) To eliminate the defect by delivering a new item without the defect or by delivering the missing item,
b) to eliminate the defect by repairing the item,
c) a reasonable discount on the price,
d) withdraw from the contract.
The customer shall inform the contractor of the law he has chosen when notifying the defect or without undue delay after notifying the defect. The customer may not change the choice made without the contractor's consent. If the contractor fails to remedy the defect within a reasonable period of time or notifies the customer that it will not remedy the defect, the customer may demand a reasonable discount on the price instead of remedying the defect or may withdraw from the contract.
4. If the defective performance is a minor breach of contract, the customer has the right to have the defect removed or to a reasonable discount on the purchase price. If the contractor fails to remove the defect in a timely manner or refuses to remove the defect, the customer may request a discount on the purchase price or may withdraw from the contract.
5. The customer has no rights from defective performance if it is a defect that he must have noticed with the usual care when concluding the contract. The customer is obliged to inspect the item as soon as possible after the risk of damage to the item has passed. If the customer does not notify the item of a defect in a timely manner, he loses the right to withdraw from the contract. If the customer does not notify the item of a defect without undue delay after he could have discovered it through timely inspection and sufficient care, the court will not grant him rights from defective performance. If it is a hidden defect, the same applies if the defect was not notified without undue delay after the buyer could have discovered it with sufficient care, but no later than two years after handing over the item.
6. If the customer is an entity other than an entrepreneur acting within the scope of his business activities, he also has the following rights.
a) the customer is entitled to exercise the right to a defect that occurs in consumer goods within 24 months of receipt.
b) If the item does not have the agreed properties, the customer may also demand the delivery of a new item without defects, unless this is unreasonable given the nature of the defect; if this is not possible, he may withdraw from the contract. However, if this is unreasonable given the nature of the defect, in particular if the defect can be removed without undue delay, the customer has the right to have the defect removed free of charge.
c) The customer has the right to have a new item delivered even in the event of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a large number of defects. In such a case, the customer has the right to withdraw from the contract.
d) If the customer does not withdraw from the contract or does not exercise the right to a new item without defects, to a replacement or to repair the item, he may demand a reasonable discount. The customer is entitled to a reasonable discount even if the contractor cannot deliver a new item without defects or repair it, as well as if the contractor does not carry out the repair within a reasonable time or if carrying out the repair would cause the customer considerable difficulties.
The data specified in the order are considered to be the binding model for the production of the subject of performance. In the event of a request to send a proof, the data in the approved proof is considered to be the binding model.
Any errors, even if caused by incorrect transcription of data from the original customer's input by the contractor, but approved by proofreading, are the responsibility of the customer and are not grounds for a complaint. The contractor is not responsible for technological deviations caused by different display methods on the monitor and printing technology (i.e. if the colors on the monitor do not match the colors in print).
In the event that a consumer dispute arises between us and the consumer from a purchase contract or a service contract that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is
Czech Trade Inspection
Central Inspectorate – ADR Department
Stepanska 15
120 00 Prague 2
Email: adr@coi.cz
Web: adr.coi.cz
and
Czech Consumers Association, registered office:
Phone: 420 495 215 266
E-mail: spotrebitel@regio.cz
Website: www.konzument.cz
11. Reservation of ownership
The delivered object of performance remains the property of the contractor until the price is paid in full.
12. Protection of personal data
The Contractor declares that it handles personal data in accordance with Act No. 101/2000 Coll., on the protection of personal data and information. It undertakes not to disclose any personal data obtained from the customer to third parties and to use them exclusively for its own needs related to the delivery. By concluding the contract, the customer consents to the processing of the personal data provided. The data obtained in this way are archived for the period specified by generally binding legal regulations. The Contractor reserves the right to use the personal data obtained for further offering of goods and services to the customer. The customer has the right to withdraw his consent to the use of personal data for the purpose according to the previous sentence in writing, by e-mail or by telephone.
13. Withdrawal from a contract concluded through distance communication
Even if the customer is a consumer, i.e. a natural person who, when concluding and performing the contract, does not act within the scope of his commercial or other business activity or within the scope of the independent exercise of his profession, has the right to withdraw from the contract in accordance with the provisions of Section 1820 et seq. of Act No. 89/2012 Coll., Civil Code. This right is specified in more detail in the form, which is an integral part of these terms and conditions.
14. Final provisions
Relations not expressly regulated by these Terms and Conditions shall be governed by generally binding legal regulations, in particular the Civil Code and the Consumer Protection Act. For the resolution of any disputes, the exclusive jurisdiction and authority of the Czech courts is agreed upon. The contracting parties agree that the competent court is always the competent court of the contractor.
15. Efficiency
These Terms and Conditions come into effect on May 1, 2017.