Terms and conditions
1.TERMS AND CONDITIONS
1.1 These terms and conditions and the return policy further delimit and specify rights and obligations of the seller and the buyer. These terms and conditions and the return policy also apply for an internet purchase our store webpages www.mpm-reklama.cz. The seller and the operator of the internet store www.mpm-reklama.cz is the company MPM QUALITY v.o.s. with its headquarters on Příborská 1473, 739 02 Frýdek-Místek, ID: 47987430, VAT: CZ47987430, registered in the public register maintained by Regional court in Ostrava, Section AXVIII, File No. 956.
1.2. Purchase contract between the buyer and the seller begins with the buyer sending the written order (e-mail, post) to the seller, and with a written receipt of the order by the seller to the buyer (e-mail, post), if this has been negotiated by a rough or a partner contract between the seller and the buyer, or by the acceptance of the seller’s delivery of the goods to the buyer via e-shop. Purchase contract also begins with the signature of the paper signed as a purchase contract which is then signed by both parties. The buyer sends the seller an e-mail to a stated e-mail address when receiving an order placed in an internet store.
1.3 Internet store www.mpm-reklama.cz works as a wholesale, and that is why it only sells to business subjects, not the final consumer. That is why we require the buyer states his ID when placing the order.
1.4 These terms and conditions do not apply on a customer, with whom a year-long rough contract is signed.
1.5 The buyer agrees to using electronic communication means when signing the purchase contract. Expenses that arises for the buyer because of using electronic communication means on long-distance in connection to signing the purchase contract (expenses such as internet connection, phone calls) are paid by the buyer himself. Both parties involved in the contract undertakes that the negotiations agreed upon in electronic form will not be questioned nor they will be used to claim that the negotiations are invalid only on the basis of them being agreed upon in electronic form.
1.6 Rights and obligations between the seller and the buyer not stated in these terms and conditions comply with law n. 89/2012 Sb. of the Civil Code (further only as “Civil Code”).
The Seller- the company MPM QUALITY v.o.s. with its headquarters on Příborská 1473, 739 02 Frýdek-Místek, ID: 47987430, VAT: CZ47987430, registered in the public register maintained by Regional court in Ostrava, Section AXVIII, File No. 956.
The Buyer- is a person who signs and fulfils the contract because of his own business or other entrepreneurial activities.
The Order- to order a goods, the buyer sends a written specification of the goods and the amount of the said goods by e-mail, or will fill in the seller’s order-form on the webpages of the internet store. The order-form constitutes mainly of information such as:
- the ordered goods (the buyer puts the ordered goods into the electronic shopping bag on the webpage of the internet store)
- the means of payment of the purchase price of the goods
- information about the required means of delivery of the ordered goods alongside the information about to that connected shipment (further as “the order”)
3. SUBJECT OF PERFORMANCE
3.1. The subject of performance is the delivery of goods and services ordered by the buyer with a binding effect.
4. PURCHASE PRICE OF GOODS AND SERVICES
4.1. If no other price is negotiated in a written form, the purchase price of goods and services abide to the prices stated in a price list valid on the day of creation the biding order or when the purchase contract was written down. These prices are stated without VAT, if not stated differently. Additional fees for certain services and technologies might be added to the prices stated in the price list.
4.2. The price of the goods does not include expenses for packaging and shipping to the buyer. These prices are charged as a special item in the invoice according to the amount stated in the price list, which can be found on the internet store’s website www.mpm-quality.cz. If the goods is more expensive than 3. 000 CZK without VAT, additional fees for shipment will not be charged. If the goods is shipped outside of the Czech Republic, the price will be calculated individually.
4.3. The price of goods running on batteries does not include the price of the batteries (if it’s not stated differently in the catalogue).
4.4. The price includes a fee for ensuring a return taking and the disposal of electric waste.
4.5. The seller charges the purchase price to the buyer according to prices valid on the day of creation the biding order. All prices are stated on the website of the internet store www.mpm-quality.cz. The duration of discount prices is valid while stock lasts, if not stated differently by an additional information on the goods itself.
5. DELIVERY PERIOD
5.1. The delivery period is determined by the stock supplies and the extent of the order.
5.2. In case the subject of performance is a delivery of goods with a service (print, laser engraving, etc.) or just a service, the delivery period is defined by an agreement, and is stated in a receipt of the order starting by the following day after the fulfilment of the following conditions:
a) graphic templates are agreed on by the buyer
b) the goods is in stock
c) in case a deposit was negotiated, the amount is credited to the seller’s account
5.3. The buyer is required to provide the seller with a full graphic templates in 3 days from signing the purchase contract.
5.4. The seller is required to provide the buyer with graphic templates for approval no later than in 3 days after receiving the full materials from the buyer
5.5. The seller undertakes that in case of objections to the graphic templates by the buyer, the seller will send the buyer a corrected graphics for approval in 1 working day from receiving the objection.
5.6. The goods is considered delivered in the moment of handover to the first carrier to delivery in the headquarters of the seller. The period of shipment is not counted in the delivery period.
5.7. The buyer can negotiate an express delivery period with the seller. In that case the buyer will be charged an additional fee for express delivery in the amount stated in the valid price list.
6. CONDITIONS OF DELIVERY
6.1.The seller and the buyer agree on one fo the options of means of delivery in the Czech Republic
a) personal collecting of delivery in the seller’s store at the address: Příborská 1473, 738 01 Frýdek- Místek
b) delivery by a shipping company (PPL, Czech Post, DPD, etc.). In case they buyer does not accept the delivery and it has to sent again, the seller has the right to charge additional postal fees to the buyer.
6.2. The seller can fulfil the contract also partially and the buyer is required to take also the partial delivery of the contract.
6.3. The goods is considered delivered in the moment of handover to the first carrier to delivery in the headquarters of the seller or when the buyer collects the good at the seller’s store.
6.4. The danger of a formation of damage transfers to the buyer in the moment of personal handover of the goods or by handover to the carrier in the place of the seller’s store. When collecting the goods from the seller, the buyer is required to check the packaging for any damages. In case the package is damaged, the buyer states this information to the seller on a shipping protocol of the carrier.
6.5. The shipping information is sent to the buyer via e-mail. In case of personal collecting, the seller will inform the buyer via e-mail about the possible date of collecting.
6.6. In case is is needed to divide the delivery into multiple packages (option of shipment: Czech Post: Parcel Delivery to Hand- Fragile, in which the parcel is bigger than 50 cm or heavier than 10 kg) additional fee can be charged.
6.7. On fragile goods which is delivered by Czech Post in a different option of shipment than “Czech Post- Parcel Delivery to Hand- Fragile” a complaint cannot be made if the goods is broken or damaged. If the parcel has been damaged despite being sent as fragile, it is required to make the complaint in 2 days and the damaged parcel must be returned to the post.
6.8. Complaints or damages on the goods or its parts created by the shipment has to be made in 2 days after collecting the goods. Later complaints will not be accepted.
7. PAYMENT CONDITIONS
7.1. The buyer undertakes to pay the purchase price for the particular goods and services including possible shipment, expenses for packaging as well as a possible additional fees and VAT.
7.2. The buyer and the seller agrees on one of these options of payment
a. paid in cash when collecting the goods at the seller’s store
b. cash on delivery when the goods is delivered to the buyer by a carrier
c. cashless transfer on the seller’s account on the basis of tax receipt issued by the seller
d. cashless transfer on the seller’s account before the delivery of the goods
e. payment by card online
Order of goods with a price lower than 1.500 CZK without VAT will be handled according to 7.2.a., b., d. or e.
7.3. The purchase price of the goods and the provided services is due for payment tot he date stated on the tax receipt. In case of cashless transfer, the purchase price stated in the tax receipt is considered settled in the moment of the payment credited on the seller’s account.
7.4. When delivering goods and services, the seller has the right to require a deposit to the amount of 100% from the price. The seller will issue a tax receipt for the deposit.
7.5. In case the buyer does not fulfil his obligations towards the seller properly and on time, the seller has the right to one-sidedly change the payment method for a goods, remove the customer’s price advantages, or even ode-sidedly remove himself from the contract without a notice period and any financial compensations.
7.6. The seller has the right to invoice also a partial fulfilment of subject of a contract and the buyer is required such invoice pay in a due date.
7.7. The buyer acquires property rights to a goods the day the purchase price is credited to the seller’s in a full amount.
7.8. The buyer is required to pay all obligations he has towards the seller according to the rules stated in these terms and conditions, in case he does not have a written negotiation signed with the seller that would state individual payment conditions.
7.9. The seller reserves the right to require from a buyer, who has a not paid obligations or had such obligations in the past towards the company MPMQUALITY, v.o.s., payment in cash when collecting the goods. If the buyer does not accept such condition, the seller reserves the right to deliver the buyer his goods only after all obligations had been paid.
8. CONTRACT FINES
8.1. With the option C according to 7.2. the contract fine is settled on 0.1% from the owed amount for each day of the delay of the payment of an invoice.
9. WITHDRAWAL FROM A CONTRACT
9.1. The seller can withdraw from the contract if the buyer is delayed with the payment of a deposit, also in case of serious violation of purchase contract or in cases stated mainly in §1977, 1978, 2002 of the Civil Code.
9.2. In case the buyer withdraws from a confirmed order, he undertakes to pay compensation to the seller in the amount that is stated in the regulation § 1992 of the Civil Code, and that is 50% from the agreed on purchase price of the order, and that not later than in 10 days after delivering the withdrawal from a contract to the seller.
9.3. The withdrawal must be made in a written form and a reason must be stated why the withdrawal from a contract is made. With the delivery of the withdrawal from the contract the contract is revoked.
9.4. The seller is not responsible for a delay or an impossibility of a delivery of the goods because of a higher power, or in case the ordered goods is not in stock in the period requested by the buyer. The seller will inform the buyer in such cases in a delivery protocol or in the invoice of partial fulfilment of an order about substitute prolongated period of fulfilment or about the impossibility of delivery of a particular goods, in which case the buyer gives up the right for a possible compensation of a damage. The agreement with this substitute period of fulfilment will be provided by the buyer to the seller in a written form (and an e-mail) and that in a period stated on a statement by the seller. If he does not do so, it is considered that the buyer is withdrawing from the contract and the seller can automatically, without further notice, cancel the undelivered items of the order.
9.5.The failure to pay the price for a delivered goods in a due date is considered a serious violation of a purchase contract.
10. RESPONSIBILITY FOR DEFECTS
10.1. Quantity differences in a range ± 2% are not considered a defect of the goods with office supplies, and that why a complaint cannot be made including a complaint about defects.
10.2. Photographies of each item is only informational and they do not have to fully correspond with reality, especially the colour and details on manufacturing.
10.3. For catalogue sizes of the goods or its parts, or the sizes of a sample or its parts, the permissible deviation is 10% compared to the sizes of the delivered goods or its parts.
10.4.For the employment of a responsibility for defects, the regulations § 2099 and following of the Civil Code are biding for both parties.
10.5. In case the delivered goods is in a contradiction with the contract, the buyer has the right for the seller to get him a free and quick (not longer than 2 moths from the day of the complaint being exercised) settlement of the state according to the purchase contract, and that either according to the buyers requirements either by exchange of the item, or its repair. If such procedure is not possible, the buyer can demand an adequate discount from the purchase price of the item, or to withdraw from the contract. This cannot be applied if the buyer knew about the contradiction with the contract beforehand or he himself caused the contradiction. The contradiction with the contract, which becomes evident in six months from they day of a collection of the goods, the contradiction is considered in existence in time of its collection, if it is not inconsistent with the nature of the thing or if the opposite cannot be proven.
10.6. The goods is in an agreement with the purchase contract especially if the goods is without defects, and also if the quality and utility quality are the ones required in the contract, described by the seller or the manufacturer, or expected in by them promoted advertisements, or as the case may be the quality and the utility quality are expected for the goods of their nature. The goods is also in agreement with the purchase contract if it corresponds with the requirements made by the legal regulations, and corresponds with the utilisations which the seller promotes, or which are usual for such thing.
10.7. Evident defects must be announced by the buyer in a written form is accordance with and with information according to the return policy of the seller, and that without a delay, after the buyer was able to find the defects after the delivery of the goods. If it is a hidden defect, than after the buyer was able to find the defects by careful maintenance without a delay, not longer than 6 months from the delivery of the goods. The seller understands the phrase “without a delay” 7 calendar days. A warranty complaint does not have a suspensive effect on the due date of the invoice on which the goods is stated.
10.8. Quantity differences discovered by the buyer outside of the seller’s store has to be supported by an evidence of a third uninvolved party. These differences must be reported to the seller in 7 days from the delivery of the goods.
10.9. If the buyer supplies his own goods for an execution of a service, the buyer is responsible for a loss or a damage on such goods only in the amount of the price of the service. Compensation of the damage does not include the compensation from the lost profit of the buyer.
10.10. The seller is not responsible for damages caused by wrong usage or storage of the delivered goods.
10.11. A defect on goods is not considered to be a different richness of a colour or a different shade of a colour between the delivered goods and the colour shown in a catalogue or on a sample.
10.12. The final colour of the print can differ from the initially assigned shade of colour. In accordance with the material of the printed surface, the printing technology, and the chosen shade, there can be a difference between 0%- 15% compared to the initial assignment.
10.13. The exercise of the right from faulty execution of the delivered goods is in accordance with the return policy of the seller, with which the buyer has been familiarised before signing the contract.
11. PERSONAL DATA PROTECTION
11.1. Personal data of the customers are stored in accordance with the valid laws of the Czech Republic, especially with the law about personal data protection n. 101/2000 Sb. as amended by the act. Personal data are fully protected against misuse.
11.2. By signing the purchase contract, the buyer gives his consent to the processing and storing of his personal date in the seller’s database. The buyer has a right to access to his personal data, a right to their repair and their removal from the seller’s database, and other lawful rights with these data.
11.3. Personal data, which are stated by the buyer in an order, serve only for the need of the seller and will not be provided to any other subjects, and that for the purpose a realisation of rights and obligations in the purchase contract, and for the purpose of sending information and business notice to the buyer. An exception is an external carrier, to which the personal data are provided in a minimal extent, that is necessary for trouble-free delivery of the goods.
11.4. The buyer takes into consideration that he is obliged to provide the correct and true personal data (with the order made on the website of the store), and that he is obliged to inform the seller about any change in personal data without a delay.
12. INFORMATION ABOUT SETTLEMENTS OF DISPUTES AND MONITORING
12.1. Extrajudicial settlement of the customers’ complaints are provided by the seller via electronic address firstname.lastname@example.org. Information about the settlement of the buyer’s complaint will be sent by the seller to the buyer’s address, from which he made the complaint.
12.2. The seller has the right to sell the goods on the basis of trade licence. Trade inspection is made within the scope of the relevant trade office. Supervision in the field of personal data protection is practised by The Office for Personal Data Protection. Czech Trade Inspection practises in a limited extent among others the supervision on the compliance with the law n. č. 634/1992 Sb., about the protection of the consumer, as amended by later acts.
13. CLOSING REGULATIONS
13.1. The seller is not tied in the relation with the buyer to any codexes of behaviour in accordance with regulations § 1836 paragraph 1 letter e) of the Civil Code.
13.2. The buyer takes over the danger of change of conditions in accordance with § 1765 paragraph 2 of the Civil Code.
13.3. By signing the purchase contract the buyer agrees to having read these terms and conditions and the return policy, and that he agrees with them. The buyer is properly alerted to these terms and conditions beforehand and he has the time to get acquainted with them.
13.4. These terms and conditions and the return policy are integral to the signed contract.
13.5. The contract is made in Czech and is archived by the seller for the purposes of it successful execution, and is not provided to a third-party. Information about individual technical steps leading to the signing of the contract are apparent from the process of ordering in our internet store and the buyer has the chance to check it, and possibly repair it before the actual finishing of the order.
13.6. These terms and conditions, just like the return policy, are displayed on the webpages of the seller’s internet store, and their archiving and reproduction by the buyer is therefore provided.
13.7. In cases not altered by these terms and conditions, the contract relation between the seller and the buyer abides to the regulation § 2079 and following of the Civil Code and to that related regulations, and in case of a dispute an authorised court will decide factually and locally.
In Frýdek-Místek, 1.2.2020