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