General Business Terms

These General Business Terms (hereinafter referred to as "Terms and Conditions") govern all business relations concluded between SRP s.r.o., with registered office Řehořova 26, 618 00 Brno, ID No. (IČ): 26302781 (hereinafter referred to as "Vendor") and other parties (hereinafter referred to as "Buyer").

All business relations are subject to the legal framework and business code of the Czech Republic. The terms and conditions are the basic conditions for the sale of goods from the vendor and should they deviate from non-mandatory legal standards of the current applicable legal framework of the Czech Republic, they then shall prevail over these standards.

Additional conditions of the buyer must be made explicit in a written agreement.

 

The subject matter of the delivery is service in large-format low-cost print, i.e. print, completion and delivery of an order within an agreed date and specified quality.

 

Individual contracts of purchase shall be concluded based on a written / email / telephone / online or oral order from the buyer. The order made by the buyer must include at least the following items:

Based on the buyer's order meeting the above requirements, the vendor shall prepare for the buyer an order confirmation in which the buyer confirms the type, anticipated purchase price, amount of products which the vendor shall be obliged to deliver to the buyer, delivery place and date, means of transportation and payment method.

A contract of purchase shall then be concluded between both parties in the same form as named in the order confirmation. Should the buyer suggest a change in the order, then the vendor shall prepare for the buyer another order confirmation for the buyer to confirm the type, anticipated purchase price, amount of products which the vendor shall be obliged to deliver to the buyer, delivery place and date, means of transportation and payment method. A contract of purchase shall be concluded between both parties in the same form as named in the order confirmation upon the vendor receiving the order confirmation. Actual delivery may be regarded as order confirmation as well.

Before concluding the contract of purchase between the vendor and buyer and within their business relations, the buyer must present to the vendor a document authorising the buyer to perform his business activities (valid business register statement, trade licence or licence deed).

The buyer is obliged to take over the delivery subject or service and pay for it duly within the agreed dates.

 

The purchase price is set based on the vendor's price list valid at the time of the order unless otherwise agreed upon by the contracting parties on a case-to-case basis.

If after entering into the contractual relationship a major change in the costs related to the delivery of the contract subject occurs, then the contractual partners shall agree in writing on a price modification.

All prices stated in the vendor's price lists and quotations do not include VAT unless otherwise explicitly stated. The price of goods does not include packaging / transportation.

 

The delivery day shall be the day on which the goods are sent or given over for transportation or the takeover of the goods by the buyer in the vendor's shop. Piece-by-piece deliveries are possible subject to an agreement with the buyer.

If the buyer fails to take over the product within the agreed date and place, the contracting parties have agreed that the vendor may require from the buyer a storage fee and payment of costs of up to 100% of agreed price, depending on the qualifiction of the goods for a repeated sale.

 

If no packaging method is agreed on a contractual basis, then the goods are given over in person or sent via PPL service. The risk of an accidental damage passes to the buyer upon goods handover to shipper or buyer.

 

The vendor is responsible for defects of goods under § 422 of No. 513/1991 Law of Statute Book.

The buyer shall be obliged to inspect the goods as soon as possible following the transfer of risk of damage to the goods. In the case of takeover of goods in person, the buyer shall be obliged to inspect the goods without delay after the takeover. Should the buyer discover a defect with the goods, then the buyer shall be obliged to report the defect to the vendor without delay in the place of takeover. The vendor shall remove the defect, as identified and accepted by the vendor, free of charge and without unnecessary delay by delivering the missing goods or replacing the faulty ones. Should it not be possible to remove the defect without delay or by delivery of a replacement, then the vendor shall remove the defect and/or replace the goods as soon as possible.. The vendor shall notify the buyer what this period of time shall be.

If delivering the goods to the buyer through a shipper, the buyer shall be obliged to enforce claims stemming from defects in the amounts and types of goods sold within three working days from handover of the goods by the shipper. The buyer shall be obliged to enforce the claims stemming from defects with the vendor in writing and within an agreed period of time including description of the defects. In the event of a defect in the type of goods, the buyer shall be entitled to require delivery of replacement goods only if the faulty goods are returned to the vendor in the original packaging. The vendor shall remove the defect, as identified and accepted by the vendor, free of charge and without unnecessary delay by delivering the missing goods or goods replacing the faulty ones. Should it not be possible to remove the defect without delay, then the vendor shall do so within the shortest possible period of time. The vendor shall notify the buyer what this period of time shall be.

 

The delivery subject shall be, following an agreement between the vendor and buyer, handed over in one of the following ways:

Personal takeover in SRP registered office, personal takeover in SRP branch, pay on delivery transportation (PPL, DPD etc.), transportation without pay on delivery (PPL, DPD etc.), distribution to buyer.

The buyer shall be always informed by the vendor by email or phone about the goods being ready for takeover.

 

The buyer shall be obliged to pay the purchase price for the goods and services delivered, including any applicable transportation fees, packaging costs and applicable surcharges and VAT.

If no payment in cash at the vendor's cash desk is agreed, the buyer shall be obliged to pay the invoice in the full amount within the date shown on the invoice.

The vendor shall issue an invoice with the goods delivery to the buyer. In case of doubts, the invoice shall be regarded as received by the buyer on the third day following the dispatch of the goods. In case of personal takeover, the client signs the delivery note; if sent by PPL, the delivery note is always included with the order.

Should the buyer fail to pay the invoice within the due period, the the buyer shall be obliged to pay a contractual penalty of 0.1 percent of the invoiced amount for each day of delay and from the 7th day of delay 0.5 percent for each day of delay until the payment of the entire invoiced amount.

Until the payment of the entire invoiced amount, including possible contractual penalties, the goods is the ownership of the vendor. After payment of the entire amount, the ownership title passes to the buyer. Should an invoice not be paid within the due period, the goods may be from the buyer. The buyer shall be obliged to enable the vendor's staff to recover the goods.

The buyer's duty to pay contractual penalties, delay interest and/or damage compensation as well as other costs related to the recovery of the goods and withdrawal from the contract shall not be affected.

 

If the goods have already been sent, the buyer shall have the right to demand a contractual penalty under clause 9 of these Terms and Conditions.
Withdrawal from the contract may only be done in writing and the withdrawal comes into effect on the third day following the day on which the other party was delivered the written withdrawal note.

 

The contractual parties have agreed under arbitration law and enforcement of arbitration awards No. 216/1994 of Statuet Book as amended that all disputes stemming from contracts governed by these Terms and Conditions and/or related to them shall be decided in an arbitration proceeding by a single arbiter consistent with Rules of Arbitration issued by the Arbitration and Mediation Procedure Union of the Czech Reoublic (in Czech: Unie pro rozhodčí a mediační řízení ČR, a.s) ID No.: 27166147 (herein after referred to as "Union") published on the website www.urmr.cz and the arbiter shall be registered, on the day on which the suit is delivered, in the List of Arbiters maintained by the Union. The contractual parties authorise hereby the Union explicitly to name an arbiter in line with the Rules of Arbitration for the arbitration proceeding based on this arbitration clause. The contracting parties authorise hereby the arbiter named to decide on all disputes in accordance with the principles of justice. The contractual parties declare explicitly that, prior to signing the arbitration contract, they had and have the opportunity to become familiar with the arbitration code and with the Directive on arbitration costs and have also done so and regard hence the above documents as an inseparable part of this arbitration contract.

The vendor reserves the right to amend and/or supplement these provisions particularly with a change in related legal standards or with a change in doing business. The change, supplementation and the effect shall be announced by the vendor in a suitable way. The buyer shall have the right, in case of disrepancies with the contents of the changed or supplemented business terms, to relate his disagreement to the vendor within seven days from the moment when the buyer was able to learn about the change or supplementation. Should the buyer fail to do so, the changes and/or amendments shall be regarded as accepted by the buyer.

The legal relations not governed explicitly by these conditions shall be subject to the pertinent business code provisions and to related legal regulations. The vendor shall not be responsible to the buyer for damage caused by circumstances which rule out responsibility, such as state interventions, operating, traffic and power-related defects, failure of the electronic trade system, strikes and/or lock-outs. These circumstances shall be a reason for a postponement of delivery of contractual duties on the vendor's side for the time and in the scope matching the time and scope of these circumstances. The same shall apply also when the above circumstances occur at the vendor's subcontractors.
The buyer shall be obliged to report, without delay, to the vendor any changes related to his business licence, tax duties (particularly change in VAT No. and tax administrator), his current valid account and bank connection and emergence of insolvency. Should the buyer run into insolvency, all vendor's claims to the buyer shall come into effect on the day on which the buyer learns about the insolvency. In this case the vendor shall have the right to ask for an instant return of the yet-unpaid-for goods.

The written form of the legal act shall be preserved if the legal act is done by telegraph, telex or by electronic means enabling the interception of contents of the legal act and identification of the person who did the legal act.

Should the buyer reject or thwart the delivery of a note from the vendor, then such note shall be regarded as delivered on the day of such rejection or thwarting.

The buyer hereby gives his agreement to the vendor to process, as the administrator, all personal data related to the buyer's person which he was told, including the birth number with natural persons and telephone number in compliance with No. 101/2000 law of Statute Book. This agreement is given until revoked in writing. Should an inadequate amount of time, effort and/or material means be needed for the identification of entities, then such data shall not be regarded as personal data.

The data provided to the vendor shall be processes for the purpose of services offered, for marketing and acquisition. This agreement to data processing shall also apply to all other acquirers or processors of these data. The buyer hereby gives his agreement to being sent advertisement materials and offers by the vendor.

 

These Terms and Conditions shall be effective from January 1, 2008 and replace the Terms and Conditions issued before.