TERMS AND CONDITIONS
1. INTRODUCTORY PROVISIONS
The following terms and conditions (hereinafter the “Terms and Conditions”) apply to the orders in the milionplus.cz online shop. The Terms and Conditions specify the rights and obligations of the Contractor and the Contract Owner (hereinafter the “Customer”).
Contractual relations governed by these Terms and Conditions are concluded according to applicable legal regulations of the Czech Republic.
If the contracting party is a consumer, the legal relations not regulated by these Terms and Conditions shall be governed by Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection. A consumer is anyone who, outside the framework of his business or outside the independent exercise of his profession, concludes a contractual relationship with the Contractor.
If the contracting party is not a consumer (entrepreneur), the legal relations not regulated by these Terms and Conditions shall be governed by Act No. 89/2012 Coll., the Civil Code.
Based on the contract concluded under these Terms and Conditions, the Contractor agrees to carry out for the Customer the work consisting in producing printed materials according to the Customer’s order at the Contractor’s own expense and risk, and the Costumer agrees to take over the work and pay the agreed price.
If the Customer’s cooperation is necessary to carry out the work, the Contractor shall set a deadline according to these Terms and Conditions.
2. BASIC INFORMATION ABOUT THE CONTRACTOR
Milion Plus s.r.o., Company ID 06762069, with its registered office at 17. listopadu 2753, 530 02, Pardubice, e-mail: [email protected]
Company registered in the Commercial Register maintained by the Regional Court in Plzeň, Section C, File 35746.
3. OPENING HOURS
Orders are accepted through the online store daily 24/7.
4. NOTIFICATION BEFORE CONCLUDING A CONTRACT
The Contractor notifies that
a) the costs of means of distance communication do not differ from the basic rate (in case of internet and telephone connection) under the conditions of the Customer’s operator. The Contractor shall not charge any other fees related to distance communication;
b) they require payment of the purchase price before acceptance of performance, but at the latest upon acceptance of performance unless otherwise agreed with the Customer in writing;
c) the Contractor does not conclude contracts for repetitive performance;
d) the prices of services are stated with and without VAT on the website operated by the Contractor, including all fees stipulated by law;
e) the cost of delivery of the service varies according to the selected method of transport and transport provider as well as the method of payment as indicated on the Contractor’s website. If collected in person at the Contractor’s premises, the cost of delivering the service is CZK 0;
f) if the Customer is a consumer, he/she has the right to withdraw from the contract in cases stipulated by law;
g) the Customer cannot withdraw from the contract if the Contractor has started to execute the contract at the express request of the Customer before the expiry of a withdrawal period;
h) the Customer shall pay a proportional part of the price in case of withdrawal from the contract the subject of which is the provision of the service and the Contractor has already started to carry it out.
i) the contract or a relevant tax document will be stored in the Contractor’s archive;
k) in case of Customer’s complaint, the Customer can file it with the Contractor or can contact the supervisory authority or the state supervision if necessary;
l) the contract is concluded in the Czech language.
By sending an order, the Customer confirms that he/she has read these Terms and Conditions and agrees with them. The Customer has been notified of these Terms and Conditions sufficiently before placing an order and has the opportunity to become acquainted with them. These Terms and Conditions form an integral part of the concluded contract.
The Customer makes an order by completing an order form on the website milionplus.cz. The sent order is binding. The Customer shall properly fill in the order form with all the information required by the Contractor for successful fulfilment of the order; in particular the method of delivery, delivery address, billing information, required delivery date, production documents, contact details, mobile phone contact, e-mail address and a contact person, and – in case of an order made by a legal entity – also the time of contact with the public (working hours, office hours).
a) The Contractor shall inform the Customer of acceptance of an order by e-mail sent to the e-mail address specified by the Customer within five (5) hours of delivery of the order, but no later than the next business day.
b) The Contractor shall inform the Customer of having checked the transmitted data with a statement whether they are suitable for printing within five (5) hours of delivery of the order, but no later than the next business day.
c) At the same time, the Contractor confirms an order to the Customer by stating the date of fulfilment.
d) The contract between the Contractor and the Customer is concluded by confirming an order. If the Contractor fails to confirm the order within the above-mentioned time, the contractual relationship is not established.
e) The Customer may withdraw from an order whose acceptance was confirmed by the Contractor only with the Contractor’s consent unless otherwise stipulated by these Terms and Conditions.
f) The Customer is responsible for the correctness of the data stated in an order or data stated in a request for proofreading or the data which he/she has agreed in proofreading (on-line, by e-mail or by dispatch service/carrier).
g) The Customer is responsible for ensuring that the use of these data does not harm the rights of any third parties and expressly agrees to compensate the Contractor for any damage or cost incurred by the Contractor for violation of the rights of third parties (e.g. unauthorized use of trademarks).
If the Contractor cannot carry out the confirmed order due to Contractor’s reasons (caused mainly by failure to deliver either the goods or their parts by a third party), the Contractor is entitled to withdraw from the contract. In such a case, the Contractor and the Customer shall carry out mutual settlement without undue delay.
The price does not include transport costs, which are charged separately to the final price of the order, depending on the selected method of transport. Unless stated otherwise, the price includes value added tax in the amount stipulated by legal regulations.
7. DELIVERY TERMS
The ordered goods shall be sent to the requested address within 19 days of receipt of payment to the Contractor’s account. If there is a defect in the production facility or other objective obstacle, this period shall be extended by the period for which such an obstacle remains in existence; the Contractor is not obliged to pay any claims due to such an obstacle, but they shall promptly notify the Customer of such an obstacle by e-mail.
8. PRICE AND METHOD OF SHIPMENT
Shipping costs are included in the fee for the selected method of transport; other costs (e.g. packing) are included in the postage Ceny za Prices for transport are calculated only within the Czech Republic, in case of transport outside the Czech Republic the price of transport shall be determined individually.
9. ACCEPTANCE OF GOODS
The Customer shall take over the goods at the delivery address specified in an order without undue delay after being notified of the delivery.
Upon receipt of the shipment, the Customer confirms to the carrier by signing that the shipment is in good condition and undamaged; this fact results from a transport document. The Customer shall claim 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 takeover and the Customer may refuse to accept such shipment. A later complaint for this reason will be based on a signed transport document which can be considered as proof that the external condition of the shipment is faultless.
Upon receipt of the ordered goods, the Customer shall make sure that the delivered shipment or its parts – especially the packaging – is not excessively mechanically damaged (e.g. unnaturally deformed box, dented cardboard packaging, torn plastic, etc.). If the goods are not accepted, the Customer shall inform the Contractor immediately in writing.
The risk of damage shall pass to the Customer at the moment of takeover of the goods from the carrier or at the moment when the Customer is in delay with its receipt.
10. GUARANTEE CONDITIONS, COMPLAINTS, COMPLAINTS PROCEDURE
1. The goods can be claimed according to the terms of the Complaints Procedure at the Contractor’s address:
Milion Plus s.r.o., Company ID: 06762069, 17. listopadu 2753, Pardubice, 530 02
2. In the event that a delivered thing is defective and the defect has already existed during the passage of the risk of damage to the Customer, the Customer has the rights stated below.
3. If a defective performance constitutes a fundamental breach of the contract, the Customer has right to:
a) have the defect removed by delivery of a new defect-free thing or delivery of a missing thing;
b) have the defect removed by having the thing repaired;
c) a reasonable reduction of the purchase price;
d) withdraw from the contract.
The Customer shall notify the Contractor of the right that he/she has chosen upon notification of the defect or without undue delay thereafter. The Customer may not change the choice made without the Contractor’s consent. If the Contractor fails to remove the defects within a reasonable period of time or if the Contractor notifies the Customer that they will not remove the defect, the Customer may, instead of having the defect removed, request a reasonable reduction of the purchase price or may withdraw from the contract.
4. If a defective performance constitutes a non-fundamental breach of contract, the Customer has the right to have the defects removed, or to a reasonable reduction of the purchase price. If the Contractor fails to remove a defect of a thing in time or refuses to remove the defect, the Customer may request a reduction of the purchase price or withdraw from the contract..
5. The Customer has no rights arising from a defective performance in case of a defect which he/she must have discovered at the conclusion of the contract by paying usual attention. The Customer shall inspect the thing as soon as possible after the passage of the risk of damage to the thing. If the Customer fails to notify of the damage to the thing in time, he/she loses the right to withdraw from the contract. If the Customer fails to notify of the defect without undue delay after he/she could have discovered it during a timely inspection and by exercising adequate care, a court shall not grant him/her the right arising from a defective performance. In case of a latent defect, the same applies if the defect was not notified without undue delay after the Customer could have discovered it by exercising due care, but no later than two years after the delivery of the thing.
6. If the Customer is an entity other than an entrepreneur acting in the course of his/her business, he/she further has the following rights:
a) The Customer is entitled to assert the right arising from a defect which occurs in consumer goods within 24 months from the takeover.
b) If a thing lacks the agreed properties, the Customer may also require delivery of a new thing without defects, unless it is disproportionate to the nature of the defect; if it is impossible, the Customer may withdraw from the contract. If, however, it is disproportionate to the nature of the defect, in particular where the defect can be removed without undue delay, the Customer has the right to have the defect removed free of charge.
c) Even where a defect is removable, the Customer is entitled to have a new thing delivered if he/she cannot use the thing properly due to the repeated occurrence of the defect after a repair or due to a large number of defects. In this case, the Customer shall also have the right to withdraw from the contract.
d) If the Customer fails to withdraw from the contract or assert his/her right to have a new defect-free thing delivered, or the thing replaced or repaired, he/she may require a reasonable price reduction. The Customer also has the right to a reasonable price reduction where the Contractor cannot supply a new defect-free thing or to repair the thing as well as where the Contractor fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the Customer.
The data specified in the order shall be considered as a binding template for making the subject of performance. In case of a request for proofreading, a binding template shall be considered the data in agreed proofreading.
Any errors, even if caused by incorrect transcription of the data from the original task of the Customer by the Contractor, but approved in proofreading, shall be borne by the Customer and do not constitute a reason for making a claim. The Contractor shall not be liable for any technological deviations caused by different ways of display on the monitor or by printing technology (i.e. if the colours on the monitor do not match the colours in the print).
In the event that a consumer dispute arises between us and the consumer, arising from a contract of sale or contract of services, and this dispute cannot be resolved by mutual agreement, the consumer may file a request for an out-of-court settlement of such dispute with an entity designated as out-of-court consumer dispute resolution entity which is:
Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
120 00 Praha 2
11. RESERVATION OF OWNERSHIP
The supplied subject of performance remains the property of the Contractor until the full payment of the price.
12. PERSONAL DATA PROTECTION
The Contractor declares that they handle personal data in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data. They undertake not to disclose any personal information received from the Customer to third parties and to use it solely for their own needs related to supply of the goods. By concluding the contract, the Customer gives his/her consent to the processing of the provided personal data. The data thus obtained shall be archived for a period determined by generally applicable legal regulations. The Contractor reserves the right to use the obtained personal data for further offer of goods and services to the Customer. The Customer has the right to withdraw his/her consent to the use of personal data for the purpose specified in the previous sentence in writing, by e-mail or by telephone.
15. WITHDRAWAL FROM THE CONTRACT CONCLUDED VIA DISTANCE COMMUNICATION
Even if the Customer is a consumer, i.e. a natural person who upon conclusion and performance of the contract does not act within their commercial or other business activity or within independent exercise of their profession, they have the right to withdraw from the contract in accordance with provisions of Section 1820 et seq. of Act No. 89/2012 Coll., the Civil Code. This right is specified in detail in the form which is an integral part of these Terms and Conditions.
16. FINAL PROVISIONS
Relations not expressly regulated by these Terms and Conditions shall be governed by generally applicable legal regulations, in particular by the Civil Code and the Consumer Protection Act. Any disputes shall be settled by exclusive jurisdiction and competence of Czech courts. The contracting parties agree that the competent court shall always be the competent court of the Contractor.
These Terms and Conditions come into effect on 1 May 2017.