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General Terms and Conditions (GTC)

Introductory provisions

DDFU™ - Jan Skopový with its registered office at Částkova 689/74, 326 00 Plzeň, ID: 67884440, for the sale of products at http://catalog.ddfu.cz.

The seller is an entrepreneur within the meaning of the provisions. Article 420 of the Civil Code.

The buyer is a consumer or entrepreneur (legal or natural person). Consumer is within the meaning of the provision. §419 of the Civil Code any person who, outside the scope of his business or independent exercise of his profession, concludes a contract with an entrepreneur or otherwise deals with him. An entrepreneur is a person who independently carries out on his own account and responsibility gainful activity in a trade or similar manner, with the intention of doing so consistently in order to make a profit. The rights and obligations arising from these terms and conditions belong to the buyer (both the consumer and the entrepreneur), unless stated in these terms and conditions, or it does not follow from the legislation that certain rights belong to the buyer - consumer.

1.5. The provisions of the Terms and Conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The purchase contract can only be concluded in the Czech language.

1.6. These Terms and Conditions apply in the wording stated on the Seller's website on the day of conclusion of the contract.

§ 1 Scope and contractual basis (1) The
following terms and conditions apply to the purchase contract concluded between you as a buyer and a consumer within the meaning
 of § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code and  us as the seller on the supply of goods. 2) The illustrations or drawings contained in our brochures, advertisements and other offer documents are approximate only
.

§ 2 Prices, delivery costs, payment (
1) Prices include VAT at the statutory rate.( 2) You bear the delivery costs unless you cancel the contract. Depending on the desired place of delivery and the chosen mode of transport, these costs are indicated when ordering before the conclusion of a legally binding purchase contract. (3) In the event of withdrawal from the contract, you shall bear the direct costs of returning the goods to us – details are set out in § 11 of these GTC. (4) Payment in the online store is made by debit order, payment in advance. We charge a return debit in the actual amount, but at least in the amount of €8.50, whereby you reserve the right to prove a lesser damage. If the purchase "on account" was agreed separately, the invoice is due within 14 days of receipt of the invoice.

§ 3 Set-off; You
are only entitled to set-off against our claims if your counterclaims have been legally established or accepted by us. As a buyer, you can only exercise a right of retention if your counterclaim is based on the same purchase contract.

§ 4 Delay in delivery, partial deliveries
(1) Unless otherwise stated in individual cases, we deliver the ordered goods within five working days from the date of the order. In the case of payment in advance, we deliver the ordered goods within eight working days from the date of your transfer. (2) If there is a delay in delivery that is based on an intentional or grossly negligent breach of the obligations for which we are responsible, we shall be liable in accordance with the statutory provisions; Any fault on the part of our vicarious agents or vicarious agents shall be attributable to us. (3) If there is a delay in delivery that is based on a mere negligent breach of duty, our liability is limited to foreseeable and typically occurring damages. However, if the breach of duty for which we are responsible relates to a breach of an essential contractual obligation or an obligation the fulfilment of which enables the proper performance of the contract in the first place and on the observance of which you as a buyer can regularly rely, we shall be liable in accordance with the statutory provisions. (4) We are entitled to partial deliveries and partial services at any time, if this is reasonable for you.



§ 5 Colour designations and size specifications
The colour designations and size specifications given in our publications (catalogue, internet, etc.) are not subject to any standards. Based on this information, it is not possible to draw conclusions about specific dimensions or color concepts. Even within a brand, different items (e.g. polo shirt and t-shirt) can have completely different dimensions with the same size. Especially for so-called slim-fit / body-fit shirts, the size series may not correspond to unisex articles of the same brand. The same applies to women's and men's shirts from the same manufacturer. Women's shirts are regularly cut differently than matching men's shirts, even at the same size. The same color coding may look completely different for different brands or different products of the brand. Unfortunately, this problem cannot be solved by the colored bars printed in the catalog. Each printed colour strip in the catalogue appears differently under different light sources, and it is almost impossible to represent 100% of the 100% colour of textiles in paper printing. Therefore, deviations in size and colour usually do not justify claims for defects. Of course, your right of return remains unaffected. Please note that any textile product made of cotton or cotton-polyester blend must be washed before wearing it for the first time. Due to the (completely harmless and harmless) chemical residues in textiles, immediate unwashed wear, especially under the influence of UV rays, can lead to chemical reactions between body sweat and residue. The resulting color defects persist even after subsequent washing. Complaints or complaints about it are usually excluded.



§ 6 Rights in case of defects
(1) If the delivered item does not have the  quality agreed between you and us, or if it is not suitable for the use stipulated in our contract or for use in general or does not have the characteristics that you could expect from our public statements, we are obliged to provide additional performance. This does not apply if we are entitled to refuse supplementary performance due to statutory provisions. You must give us a reasonable period of time for subsequent performance. (2) Additional performance will be performed at your discretion by removing the defect (repair) or by delivering a defect-free item (replacement delivery). You are not entitled to reduce the purchase price or withdraw from the contract during the subsequent performance. If we have tried twice to correct it in vain, it will be considered unsuccessful. If the repair fails, you have the right, at your discretion, to reduce the purchase price or withdraw from the contract. (3) Your right to assert further claims for damages remains unaffected. If claims for defects are asserted against goods not refined by us, additional processing costs incurred by a third party can only be claimed in a reasonable amount. The benchmark for comparison is the amounts listed in our price list for textile finishing.


§ 7 Other liability
(1) Unless otherwise stated in these GTC, including the following provisions, we shall be liable in accordance with the relevant statutory provisions in the event of a breach of contractual and non-contractual obligations.  
(2) We shall be liable for damages – regardless of legal grounds – in the event of intent and gross negligence. In the event of simple negligence, we shall only be liable a) for damages resulting from injury to life, body or health, b) for damages resulting from the breach of an essential contractual obligation (an obligation the fulfilment of which is necessary for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely); In this case, however, our liability is limited to compensation for foreseeable, typically occurring damages. (3) The limitation of liability arising from paragraph 2 shall not apply if we have fraudulently concealed a defect or assumed a guarantee for the quality of the goods. The same applies to the buyer's claims under the Product Liability Act. (4) You may only withdraw or terminate a breach of duty due to a non-defect if we are liable for the breach. The buyer's free right to
withdraw from the contract (the consumer

acknowledges that according to the provisions of Section 1837 of the Civil Code, he/she cannot withdraw from the contract as a consumer) is excluded. In all other respects, legal requirements and legal consequences apply.
Unless it is a case referred to in Section 1837 of the Civil Code  or another case where it is not possible to withdraw from the contract, the buyer - consumer has in accordance with the provisions of § 1829 paragraph. 1 of the Civil Code has the right to withdraw from the contract.

§ 8
Retention of title The delivered goods (reserved goods) remain our property until all claims arising from this contract have been paid in full.

§ 9 Copyright As a client,
you are solely responsible in the event that the execution of an order according to your specifications violates the rights, in particular copyrights of third parties. The Customer shall indemnify the Supplier for all claims of third parties as a result of such breach.

§ 10 Final provision, applicable law, severability clause
Czech law applies to our contract  . The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. Should individual provisions of these GTC be or become invalid in whole or in part, or contain a gap, the validity of the remaining provisions or parts of such provisions remains unaffected. Invalid or missing provisions will be replaced by the relevant statutory provisions.

§ 11 Cancellation instruction Right
of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party appointed by you who is not the carrier took possession of the last goods. To exercise your right of withdrawal, you must inform Jan Skopovy | DDFU
, complaints / returns, Psč 301 00, Tel: +420-731-533677, E-mail: sales@ddfu.org,   by means of a clear statement (e.g. email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient for you to send a notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of Cancellation.  If you withdraw this contract, we must refund to you all payments we have received from you, including delivery costs (excluding additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery we offer), immediately and no later than fourteen days from the date on which we received notice of your cancellation of this contract. For this instalment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; You will not be charged any fees for this installment under any circumstances. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately within fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You must pay for the reduced value of the goods only if the reduced value is caused by handling the goods that is not necessary to check the nature, characteristics and functionality of the goods.


 End of cancellation policy

Model withdrawal form (If you wish to withdraw from the contract, please fill in this form and send it back.) To:
DDFU,
complaints / returns,

Sady Pettřicateňníků 7/20, 301 00 Plzeň, Tel.:  +420 731 533677, E-mail: sales@ddfu.org

 

I/we (*) _______________________

hereby cancel the contract concluded by me/us (*)__________________________

for the purchase of the following goods (*)_________________ /

provision of the following service ________ ___________ _______(*)

Ordered on (*)________

Title________________________

Datum______

(*) Delete where appropriate.


 


General Terms and Conditions (GTC) for entrepreneurs

§ 1 General, scope

(1) These General Terms and Conditions (GTC) apply to all business relationships with our customers, insofar as the customer is an entrepreneur, a legal entity under public law or a special public asset. The GTC in their wording also apply as a framework contract to future contracts for the sale and/or supply of movables with the same buyer, without us having to refer to them again in each individual case.

(2) Our GTC apply exclusively. The general terms and conditions of any kind of our customers do not become part of the contract, even if we have not objected to them in individual cases.

(3) Legally relevant declarations and notifications that you must make to us after the conclusion of the contract (e.g. setting deadlines, notification of defects, declarations of withdrawal or reduction) must be made in text form in order to be effective.

(4) References to the validity of statutory provisions are for clarifying purposes only. Even without such clarification, the statutory provisions apply, unless they are directly changed or expressly excluded in these GTC.

§ 2 Conclusion of the contract, prices and payment terms

(1) Our offers are subject to change and are non-binding. This also applies if we have provided you with catalogues, other product descriptions or documents – also in electronic form – for which we reserve ownership rights and copyrights. Unless otherwise agreed in individual cases, our current prices apply at the time of conclusion of the contract, from stock, plus statutory value added tax.

(2) An order of goods on your part is considered a binding offer of contract.

(3) Acceptance takes place by written confirmation of the order or delivery of the goods to you.

(4) The invoice date is the date of delivery of the goods. The purchase price is payable upon invoicing; 2% discount if payment is made within the first 14 days, 30 days net if payment term is used. Instead of the usual payment terms, we can also deliver cash on delivery, deposit or other payment terms agreed with you.

(5) You will be in default after the aforementioned payment period. The purchase price bears interest of 10% p.a. for the period of delay. A second reminder requires a reminder fee of EUR 2.50, a third a reminder fee of EUR 5.00 and a fourth reminder fee of EUR 10.00. After the 4th reminder, the receivables are handed over to the collection agency. The resulting additional costs will be borne by you.

(6) If, after the conclusion of the contract, it turns out that our claim for the purchase price is threatened by the buyer's insolvency (e.g. by filing for insolvency proceedings), we are entitled to refuse performance and withdraw from the contract in accordance with the statutory provisions. In the case of contracts for the production of unauthorized items (custom-made items), we can immediately declare withdrawal from the contract; The statutory provisions on the emissibility of setting a time limit remain unaffected.

§ 3 Shipping costs

Deliveries are made with a carrier of our choice. For orders via the online store, deliveries exceeding a net value of € 150.00 are placed at a free address. Shipments below this value will incur shipping costs of €6.90 per box.

Shipping costs include all costs of packaging, delivery documents and normal transport and delivery costs for regular transport. Should the delivery be or must be made by express, courier or comparable services in order to meet the agreed delivery date in writing, you will bear the additional costs incurred.

§ 4 Set-off; Lien

You are only entitled to be set off by us if your counterclaims have been legally established, if we have accepted them or if your counterclaims are undisputed. This also applies if you assert defect notices or counterclaims. However, as a buyer, you can only exercise a right of retention if your counterclaim is based on the same purchase contract.

§ 5 Delivery time and delivery delay

(1) Delivery dates or dates are exclusively non-binding information, unless expressly agreed between you and us as binding.

(2) The occurrence of a delay in delivery shall be determined in accordance with the statutory provisions. In any case, a reminder from you is required.

(3) If we culpably fail to comply with a deadline that has been expressly agreed to be mandatory or if we are in default for any other reason, you must set us a reasonable grace period to perform our performance. If we allow this grace period to expire to no avail, you have the right to withdraw from the purchase contract. In the event that we are unable to meet the binding delivery deadlines for reasons for which we are not  responsible (unavailability of the service), we will inform you immediately and inform you of the expected new delivery period. If the service is not available even within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will promptly pay any consideration already provided.

(4) If the delay in delivery is based on a culpable breach of an essential contractual obligation or on a culpable breach of an obligation the fulfilment of which is necessary for the proper performance of the contract and on the observance of which you as a buyer can regularly rely and we are liable for this breach of duty, we shall be liable in accordance with the statutory provisions. However, in the case of simple negligence, our liability is limited to foreseeable and typically occurring damages.

§ 6 Delivery, transfer of risk, acceptance, delay in acceptance

(1) Delivery shall take place from the warehouse, which is also the place of performance. At the request of the buyer, the goods will be sent to another destination (sale by post). We are entitled to partial deliveries and partial services at any time, if this is acceptable to you.

(2) The risk of accidental loss and accidental damage to the goods passes by handover, in the case of sale by dispatch at the moment of handover of the goods to the freight forwarder, carrier or other person or institution designated to carry out the transport. If acceptance has been agreed, it is decisive for the passing of risk. In all other respects, the statutory provisions of the Act on Contracts for Work and the Provision of Services shall apply mutatis mutandis to the agreed acceptance. Handover or acceptance shall be deemed equivalent if the buyer is not in default of acceptance.

(3) If you are in delay with the acceptance, you do not cooperate or if our delivery is delayed for other reasons for which you are responsible, we are entitled to claim compensation for the damage suffered, including additional costs (e.g. storage costs).

§ 7 Retention of title

Until full payment of all our present and future claims arising from the purchase contract and the ongoing business relationship (secured claims), we reserve the title to the goods sold.

§ 8 Colour designation and size specifications

The colour indications and sizes indicated in our publications (catalogue, internet, etc.) are not subject to any standards. Based on this information, it is not possible to draw conclusions about specific dimensions or color concepts. Even within a brand, different items (e.g. polo shirt and t-shirt) can have completely different dimensions with the same size. Especially for so-called slim-fit / body-fit shirts, the size series may not correspond to unisex articles of the same brand. The same applies to women's and men's shirts from the same manufacturer. It goes without saying that women's shirts are cut differently than corresponding men's shirts, although the size is completely identical.

The same color coding can look completely different for different brands or even for different brand items. Unfortunately, this problem cannot be solved by the colored bars printed in the catalog. Each printed colour strip in the catalogue appears differently under different light sources, and it is almost impossible to represent 100% of the 100% colour of textiles in paper printing.

Therefore, deviations in size and colour usually do not justify claims for defects. The return of goods pursuant to the provisions of § 2113 et seq. of the Civil Code remains of course unaffected.

It should also be emphatically emphasized that any textile product made of cotton or cotton-polyester blend must be washed before wearing it for the first time. Due to the (completely harmless and harmless) chemical residues in textiles, immediate unwashed wear, especially under the influence of UV rays, can lead to chemical reactions between body sweat and residue. The resulting color defects persist even after subsequent washing. Complaints or complaints about it are usually excluded.

§ 9 Buyer's claims for defects

(1) If the delivered item is not of the quality agreed between you and us or if it is not suitable for the use stipulated in our contract or for use in general, we are obliged to provide additional performance. This does not apply if we are entitled to refuse subsequent performance on the basis of statutory provisions. You must give us a reasonable period of time for subsequent performance.

(2) Your claims for defects presuppose that you have fulfilled your statutory inspection and notification obligations. The complaint must be addressed to us in writing immediately, no later than within 3-4 working days – in the case of hidden defects immediately after we learn about it. The goods must be inspected by you or the finishing company (embroidery, printing, etc.) before finishing. In the event of later claims for defects in goods that we have not improved, any additional processing costs incurred by a third party may only be claimed up to the amount specified in our price list for textile finishing.

(3) Rejected goods must be made available to us at the agreed time at the agreed place. If the goods have already been delivered or distributed to several recipients, we bear the costs of assembling the rejected goods.

(4) Additional performance will be performed at your discretion by removing the defect (repair) or by delivering a defect-free item (replacement delivery). You are not entitled to reduce the purchase price or withdraw from the contract during the subsequent performance. If we tried to remedy it three times in vain, it will be considered unsuccessful. If the repair fails, you have the right, at your discretion, to reduce the purchase price or withdraw from the contract.

(5) You may assert claims for damages due to defects only if the subsequent performance has failed. Your right to assert further claims for damages under the following conditions remains unaffected.

§ 10 Other liability

(1) Unless otherwise stated in these GTC, including the following provisions, we shall be liable in accordance with the relevant statutory provisions in the event of a breach of contractual and non-contractual obligations.

(2) We shall be liable for damages – regardless of legal grounds – in the event of intent and gross negligence. In the event of simple negligence, we shall only be liable a) for damages resulting from injury to life, body or health, b) for damages resulting from the breach of an essential contractual obligation (an obligation the fulfilment of which is necessary for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely); In this case, however, our liability is limited to compensation for foreseeable, typically occurring damages.

(3) The limitation of liability arising from paragraph 2 shall not apply if we have fraudulently concealed a defect or assumed a guarantee for the quality of the goods. The same applies to the buyer's claims under the Product Liability Act.

(4) Due to a breach of duty that does not consist in a defect, the buyer may only withdraw or terminate the contract if we are liable for the breach. The buyer's free right to withdraw from the contract is excluded. In all other respects, legal requirements and legal consequences apply.

§ 11 Goods – Returns

(1) The return of new unfinished goods shall be accepted under the conditions set out in paragraphs 3 and 4, unless delivery has taken place more than four weeks previously. Shirts and blouses individually packed at the factory cannot be taken back after unpacking. The same applies to processed goods.

(2) If the reason for the return is the supplier's error, we will collect the goods from you. Pick-up can be requested by phone or email. It is also possible for you to return the goods. The cost of the refund will be borne by us, provided that it does not exceed the cost of collection. After return, you will receive a credit note on the value of the goods, including all shipping costs, without deduction.

(3) If there is no error by the supplier, please send us the goods. In this case, after processing the return, you will receive a credit note on the value of the goods minus 25% of the handling costs, but not less than minus 5.00 EUR. Shipping costs will not be credited in this case. If, in exceptional agreed cases, we also take back unwrapped shirts and blouses in derogation from the provisions of paragraph 1, the cost of handling these items shall be 50%.

§ 12 Limitation period

(1) Mutual claims of the parties shall be statute-barred in accordance with the statutory provisions, unless otherwise provided below.

(2) Notwithstanding the general limitation period for claims for material and legal defects, one year from delivery. If acceptance has been agreed, the limitation period begins with the acceptance of the closing date.

(3) Special statutory provisions for claims for the return of property assets of third parties, for recourse claims by the supplier as well as for claims for damages referred to in § 10 para. 2 and 3 remain unaffected. In these cases, the statutory limitation provisions exclusively apply.

§ 13 Copyright

As a client, you are solely responsible in the event of a violation of rights, in particular copyrights of third parties, by executing your order. You must indemnify Supplier for all third party claims as a result of such breach.

§ 14 Choice of law and jurisdiction

(1) These GTC and all legal relations between us and you are governed by the law of the Czech Republic,  excluding all international and supranational (contractual) legal systems, in particular the United Nations Convention on Contracts for the International Sale of Goods. On the other hand, the prerequisites and effects of a reservation of title under Section 6 are subject to the law of the place where the property is located, if the choice of law in favour of Czech law is  inadmissible or ineffective.

(2) If the buyer is a trader within the meaning of the Czech Commercial Code, a legal entity governed by public law or a special fund governed by public law, our place of business is the exclusive – even international – jurisdiction for all disputes arising directly or indirectly from the contractual relationship. However, we are also entitled to take legal action in the buyer's general place of jurisdiction.

§ 15 Severability clause

Should individual provisions of these GTC be or become invalid in whole or in part, or contain a gap, the validity of the remaining provisions or parts of such provisions remains unaffected. Invalid or missing provisions will be replaced by the relevant statutory provisions.



Information on online dispute resolution: In the first quarter of 2016, the European Commission will provide an online platform for online dispute resolution (the "OS" platform). The ODR platform is intended to serve as a contact point for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. The OS platform will be accessible at the following link: http://ec.europa.eu/consumers/odrBei questions you can contact us by e-mail: sales@ddfu.org


 

© DDFU 2024 Note: All prices plus VAT and shipping cost