GENERAL TERMS AND CONDITIONS
1.Introductory provisions
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) govern the mutual rights of obligations between the company ČESKÉ TAŠKY sro, IČ: 08063656, with its registered office at U Habrovky 247/11, 140 00, Prague 4, entered in the Commercial Register kept by the Municipal Court in Prague, section C, insert 312242 (hereinafter referred to as the “seller”) and another natural or legal person (hereinafter referred to as the “buyer”) arising from the purchase contract.
1.2. These terms and conditions form an integral part of the purchase contract concluded between the seller and the buyer. In the event of a conflict between the purchase contract and the GTC, the purchase contract takes precedence.
1.3. The business conditions valid on the day of concluding the purchase contract shall be used to assess the rights and obligations of the parties to the purchase contract. By expressing consent to the purchase contract, the GTC become an integral part of the purchase contract.
2. Rights and obligations of the seller
2.1. By concluding the purchase contract, the seller undertakes to deliver the goods to the buyer and to transfer ownership of the goods to him.
2.2. The purchase contract can be concluded via e-mail communication at the e-mail address of the seller or in paper form through the delivery authority.
2.3. On the basis of an individual request of the buyer, the seller prepares an offer to the buyer, which must contain at least the exact specification of the goods and the selling price. Upon acceptance of this offer, the purchase contract takes effect. If the acceptance of the offer by the buyer contains a fixed delivery date, this acceptance must be immediately followed by the express consent of the seller to a fixed delivery date for the contract to take effect. In the absence of explicit consent, it is considered that the purchase contract is concluded without this condition.
2.4. The validity of the offer by the seller, unless the parties agree otherwise, is 21 calendar days from the sending of the offer to the buyer.
2.5. The seller reserves the right to refuse to process the request if the data on the part of the buyer are incomplete or raise doubts about the real intention of the buyer to order the requested goods. The seller also has the right to refuse to conclude a purchase contract if the buyer confirms the offer, which contains information, especially the price stated by mistake.
Rights and obligations of the buyer
3.1. By concluding the purchase contract, the buyer undertakes to take over the goods and pay the seller the purchase price and transport costs, unless it is provided by the buyer himself.
3.2. In the event that the buyer has reservations about the offer sent by the seller, the seller is obliged to provide the buyer with a new offer.
3.3. In case of acceptance of the offer, the buyer is obliged to provide the seller with the correct delivery address to which the goods are to be sent.
Method of delivery of goods
4.1. Before concluding the purchase contract, the seller is obliged to provide the buyer with information about the approximate delivery date of the goods. The seller is obliged to inform the buyer about the exact date of delivery of the goods before its dispatch. At the same time, the parties are obliged to confirm the exact delivery address.
4.2. The delivery time of the goods starts from the approval of the graphic correction or confirmation of the physical sample.
4.3. The buyer undertakes to take over the goods within the agreed term and to confirm this takeover to the seller in the delivery note.
4.4. The seller has the right to deliver the goods earlier than the agreed date and the buyer is obliged to take over the goods in this way.
4.5. In the event that the buyer does not take over the goods within the agreed period, he is obliged to bear all costs related thereto. In the event that it is necessary to deliver the goods repeatedly or in another way than agreed, the buyer is obliged to pay all costs associated with it. At the same time, the seller is entitled to charge the buyer a storage fee of 1% per day of the purchase price of the goods excluding VAT in the event of non-acceptance of the goods.
4.6. The buyer is obliged to take over the goods in the quantity agreed in the purchase contract, including the stated quantity tolerance.
4.7. Unless the parties agree otherwise, packaging, labeling or other marking is done according to the standards of the seller. In the case of specific requirements concerning the marking or packaging of goods, the buyer is obliged to inform the seller before concluding the purchase contract. The seller is not obliged to take later requirements into account.
4.8. In the interest of the buyer, the buyer will check whether the goods show no signs of damage. If this happens, the buyer and the seller will write a report on the damage.
4.9. In the case of delivery of goods on pallets, the seller is entitled to charge the buyer the amount of CZK 200 without VAT for each delivered pallet, if they are not compensated by exchange, by compensating pallets of the same type and quality.
4.10. By agreeing to these GTC, the buyer consents to the seller to keep several samples of the delivered goods for the purpose of a possible complaint or for the purpose of using these samples as promotional material of the seller.
Payment for goods
5.1. Based on the purchase contract, the buyer is obliged to pay the agreed purchase price to the seller, by non-cash transfer to the seller’s account.
5.2. At the moment of concluding the purchase contract, the buyer is obliged to pay the seller a deposit of 70% of the purchase price. Until this deposit is paid, the seller is not obliged to start any production or preparation of goods for the buyer. The delivery date of the goods to the buyer is also extended by this period. The buyer is obliged to pay the remaining part of the purchase price to the seller at the moment of taking over the goods with regard to the due dates specified in the purchase contract.
5.3. Unless the parties agree otherwise, the maturity of the purchase price is 14 calendar days from the moment of concluding the purchase contract, or the moment of taking over the goods.
5.4. The buyer is always obliged to pay the seller the purchase price according to the actually produced quantity of goods in accordance with the tolerance specified in the price offer, or in these terms and conditions.
5.5. The seller is obliged to issue an invoice to the buyer, which he will send to the buyer to his electronic address according to a previous agreement, resp. to his electronic address through which he communicated with the seller.
5.6. In the event that the buyer is in arrears with the payment of the purchase price or part thereof, the seller has the right to demand from the buyer a contractual penalty of 0.5% per day of the amount due. The buyer is obliged to pay this contractual penalty.
5.7. In the event of repeated delay of the buyer with payment to the seller with regard to previous joint cooperation, the seller is entitled to change the payment terms primarily by shortening the maturity of the purchase price or requiring a 100% deposit before delivery of goods.
5.8. The seller is a VAT payer, and therefore value added tax will be added to all amounts.
5.9. If the seller and the buyer have no mutual history, the seller is entitled to issue an advance invoice for 100% of the purchase price with maturity, and unless otherwise agreed, 3 calendar days from the date of delivery of the invoice. Until this deposit is paid, the seller is not obliged to start any production or preparation of goods for the buyer. The delivery date of the goods to the buyer is also extended by this period.
Withdrawal from the contract
6.1. The buyer is entitled to withdraw from the contract by paying a severance pay of 50% of the purchase price, without giving a reason. By paying the severance pay, the purchase contract is canceled. The buyer is entitled to withdraw from the contract by paying severance pay only until the moment the production begins by the seller.
6.2. The seller is entitled to withdraw from the contract at any time until the moment of receipt of the goods by the buyer. In such a case, the seller is obliged to return to the buyer all advances that have been paid by the buyer to the seller until then.
6.3. Withdrawal from the contract must be made in writing to the address of the seller. If the purchase contract was concluded electronically, withdrawal from the contract must also be made electronically.
Complaints, rights from defective performance
7.1. The seller is primarily responsible for ensuring that the goods have no defects upon receipt. This means, above all, that the goods are delivered in the agreed quantity, quality and design.
7.2. The buyer is obliged to inspect the goods upon receipt and make sure that the seller performs perfectly.
7.3. The buyer is obliged to claim any defects from the seller without undue delay, no later than 3 days after receiving the goods.
7.4. The difference in color in reality and on the electronic device is not considered a defect.
7.5. The seller does not provide the buyer with a quality guarantee for the goods.
7.6. The application of defects at the seller does not affect the buyer’s obligation to pay the purchase price.
7.7. If the defective performance can be considered a serious breach of the purchase contract, the buyer is entitled to a reasonable discount on the purchase price or delivery of new or missing goods.
7.8. The buyer must exercise the rights arising from defective performance in writing to the seller’s address. In the case of previous electronic communication, the buyer is obliged to exercise the rights arising from defective performance electronically.
Production possibilities and tolerances for individual printing technologies
8.1. In the case of production of goods using flexographic, offset or digital printing technologies, the general tolerance in the number of produced pieces is 10%. In the case of ordering more than 100,000 pieces, this tolerance is 5% of the pieces produced. Bags made by screen printing technology are without tolerance.
8.2. In the case of flexographic printing, the front and back sides are printed side by side, with a gap of about 2 mm between these sides, which is partially or completely lost during the completion of the goods. This can result in tiny lines for full-area prints that are not considered a defect.
8.3. In the case of making goods from paper material, the color of the final product may be slightly different from the approved graphic correction. The color of the material affects the hue of the print color. This is taken into account by the buyer when ordering and cannot subsequently be considered a defect of the goods.
8.4. Variations in the size of individual products range from 2-10 mm depending on the size of the product. The weight of the material can vary by up to 10% depending on the nature of the material used.
8.5. The buyer acknowledges that the use of material with the addition of OXO additives, or biodegradable or compostable film has an impact on the life of the material and in this case can not be guaranteed the life of the goods.
8.6. With regard to the production process for printing goods using screen printing technology, the seller reserves a tolerance of up to 1.5 cm placement of the print on the goods. The buyer acknowledges this tolerance when approving the graphic preview.
Protection of personal data
8.1. The protection of personal data is governed by Regulation 2016/679 of the European Parliament and of the Council of the European Union on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (“GDPR”).
8.2. The buyer agrees to the processing of the following personal data: name, surname, address, e-mail address and telephone number by the seller.
8.3. The Buyer agrees to the processing of the Buyer’s personal data by the Seller for the purpose of sending commercial communications and other information related to the Seller’s activities.
8.4. The seller is entitled to store personal data about the buyer for a period of 5 years from the effective date of the purchase contract.
8.5. The buyer is entitled to revoke the consent to the processing of personal data at any time.
Final Provisions
10.1. These GTC apply as stated on the seller’s website.
10.2. By accepting the offer of the seller, the buyer agrees with all the provisions of these GTC.
10.3. The delivery address of the seller for the delivery of documents is: U Habrovky 247/11, 140 00, Prague 4.
10.4. The seller’s e-mail address for electronic communication is: contact@europeanpaperpackaging.com
10.5. The Buyer agrees that without the prior written consent of the Seller is not entitled to unilateral set-off of its receivables from the Seller against the receivables of the Seller for payment of the purchase price or other payment under the contract or these GTC.
10.6. The buyer has no right to transfer receivables from the seller to a third party.
10.7. If the rights and obligations between the buyer and the seller established by the purchase contract contain an international element, then the contracting parties agree that all rights and obligations are governed by Czech law.
10.8. In the event of any dispute arising from a breach of the obligation arising from the purchase contract between the buyer and the seller or from these GTC, the general court of the seller has territorial jurisdiction to resolve these disputes.
These conditions come into force and effect on 01.05.2019.