GENERAL TERMS AND CONDITIONS OF TROLL CD s.r.o. TRADE COMPANY
for the production of Truckbox advertising gift boxes
- BASIC PROVISIONS
These General Terms and Conditions (hereinafter referred to as the "GTC") govern the relations between the Buyer and the Seller in the field of production of Truckbox advertising gift boxes, including related services (photographic and graphic works, transport, picking services) between Troll CD s.r.o. (hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer"). For the purposes of these GTC, the Purchase Contract means the binding written order of the Buyer confirmed in writing by the Seller and the Buyer agrees with the Seller's GTC by sending a binding written order by e-mail or signing it at the Seller's registered office. The use of the Buyer's GTC, even if they are attached to the Buyer's order, is not allowed.
For the purposes of these GTC, the Buyer means an entrepreneur who, at the conclusion of the Purchase Contract, acts within the framework of their business activity.
Troll CD s. r. o. with its registered seat at Pšenčíkova 677/18, 142 00 Prague 4-Kamýk, Czech Republic, ID: 25605925, TAX ID: CZ25605925. The company is registered in the Commercial Register kept by the Prague Municipal Court, Section C, File No. 54227.
A legal or entrepreneurial natural person who ordered a service or goods from the Seller.
- PROTECTION OF INFORMATION, IDENTIFICATION AND PERSONAL DATA
The Buyer voluntarily provides its identification and personal data to the Seller and consents to its processing, collection, storage and registration for the purpose of concluding a purchase contract with the Seller. The Seller shall not provide the data thus obtained to third parties other than the carriers of goods for the proper delivery of Truckbox advertising gift boxes and further to its business partners, only to obtain the cooperation of production of Truckbox advertising gift boxes required by the Buyer. Unless expressly agreed otherwise by the Contracting Parties, the Seller is entitled to provide a reference about the executed order in the performance of its business activity, without specifying the agreed purchase price.
Ordering the production of Truckbox advertising gift boxes including related services from the Seller can be:
• By e-mail;
• In person (writing the order at the Seller's registered office).
The binding order must include the following:
• Name and address (registered office) of the buyer;
• ID and VAT number, if the Buyer is registered as a VAT payer;
• Specification of Truckbox advertising gift boxes and related services;
• The scope and quantity of Truckbox advertising gift boxes and related services;
• The price of Truckbox advertising gift boxes and related services;
• The date and manner of delivery of Truckbox advertising gift boxes and related services;
• Delivery address;
• The name and signature of the person authorized to order Truckbox advertising gift boxes; and
The Seller shall confirm the accepted binding order, including the agreed price and delivery date. An order sent by the Buyer and confirmed by the Seller becomes binding for both Contracting Parties. Withdrawal from a binding order shall be subject to the conditions in paragraph IV.
- WITHDRAWAL FROM THE ORDER
Both Contracting Parties may withdraw from the binding order in the event of a material breach of its content pursuant to Section 2001 et seq. of Act No. 89/2012 Coll., the Civil Code. The Seller may also withdraw from the binding order mainly for the following reasons:
• Existence of overdue liabilities of the Buyer towards the Seller;
• Entry of the Buyer into liquidation or initiation of insolvency proceedings.
The Buyer may also withdraw from the binding order without the Seller's fault only with payment of a cancellation fee, the amount of which at the time of cancellation of the order amounts to 100% of the total price of Truckbox advertising gift boxes already produced and 100% of the total price of related services already provided.
Current and valid prices of Truckbox advertising gift boxes and related services are listed on www.truckbox.cz and www.truck-box.eu, including quantity discounts. The calculation of prices for non-standard and custom products is valid for a maximum of 30 days from the date of sending the offer, unless otherwise stated in the offer. These prices do not include VAT. All prices are contractual.
- TERMS OF DELIVERY
When ordering, the following delivery conditions can be negotiated:
• Personal collection at the Seller's registered office;
• Shipping by transport service in the Czech Republic and EU countries;
• Shipping by a transport service outside the EU. The shipping price and delivery time is always calculated individually for each shipment.
The Buyer is obliged to immediately check the status of the consignment (number of packages, integrity of packaging and content) according to the attached delivery note together with the carrier and refuse to accept an incomplete or damaged consignment. Incomplete or damaged shipment must be notified without undue delay by e-mail to firstname.lastname@example.org, draw up a damage report with the carrier and send it within 24 hours by e-mail to the Seller. If the Buyer confirms the receipt of the consignment by signing the carrier's documents, there is no claim for additional claims of incompleteness or damage to the delivery. The delivery of Truckbox advertising gift boxes and related services shall be deemed to be their acceptance by the carrier or the authorized person of the Buyer.
The Buyer is obliged to accept Truckbox advertising gift boxes even before the delivery period specified in the binding order on the date specified in the Seller's request. The Contracting Parties shall not be liable for delay in fulfillment or failure to fulfill the obligation under the binding order or for damages, if such delay or failure was caused by force majeure. Force majeure means, in particular, severe snowstorms or other storms, floods, floods and other natural disasters, impassable roads, long-term disruption of energy supply, terrorist acts or their hazards, civil unrest, decisions of administrative authorities or other similar conditions. The ownership right to Truckbox advertising gift boxes shall be acquired by the Buyer at the time of payment of their purchase price in full. The risk of damage to Truckbox advertising gift boxes is transferred to the Buyer at the time of their delivery to the Buyer.
- TERMS OF PAYMENT
When ordering, the following payment conditions can be negotiated:
• Payment by bank transfer before the goods are taken over;
• Payment by bank transfer with maturity.
The Seller is entitled to request an advance payment for the purchase price of the goods up to 100% of the order value. The basis for payment of the purchase price is an invoice (tax document) issued by the Seller and sent or handed over to the Buyer.
If the Buyer is not explicitly required to physically send a printed invoice, the Seller sends the invoice (tax document) electronically to the e-mail of the person ordering the goods or another email agreed by the Contracting Parties.
The entitlement to invoice the purchase price to the Buyer arises on the day of collection of the goods or their handing over for transport.
Unless otherwise agreed in the binding order, the invoice is payable within 14 days from the date of delivery of the goods. The contractual fine in the event of failure to comply with the due date of the invoice is 0.1% of the amount due for each day of delay.
- WARRANTY TERMS AND TERMS OF CLAIM
Unless otherwise agreed in the order, the Seller provides a 1 year warranty by default. Defects in quality and quantity, which can be detected by nature immediately upon receipt, shall be notified by the Buyer to the Seller within 10 days of receipt of the goods. The Seller is obliged to notify in writing the result of the analysis carried out and its opinion within 10 days of receipt of such a complaint. Any hidden defects shall be notified by the Buyer to the Seller within 5 days of their discovery. The Seller guarantees the technical level, quality and functional reliability. The Buyer is entitled to complain about the defects of Truckbox advertising gift boxes
if the above conditions are met. He/she then sends to the Seller at the Seller's request - after prior notification of defects (complaints) - to assess the justification of the complaint to the Seller. The Seller is obliged to notify in writing the result of the analysis carried out and its opinion within 10 days of receipt of such a complaint. In the event that the claim is accepted by the Seller as justified, the Buyer has the right to provide a reasonable discount on the purchase price of the Goods, if the Seller declares that it is not expedient to repair the Goods. The amount of the discount will be determined by the Seller taking into account the nature of the defects and their impact on the use of the goods. Claimed defects must be documented by the Buyer at least 5% of the total number of goods delivered that contain the same claimed defect. The warranty does not cover normal wear and tear of goods and defects caused by careless handling or use for purposes other than usual. The Seller shall be liable to the Buyer for defects in the goods and for any damage to the Buyer during and in connection with the performance of the order only and only up to the amount of the performance paid by the Buyer to the Seller for the goods, including VAT. The Buyer acknowledges that without this agreement, the Seller would never have concluded a purchase agreement contract with the Buyer and would not be interested in its performance.
- PROTECTION OF INTELLECTUAL PROPERTY
All results of photographic, graphic and text services, designs of graphic visualizations of printing Truckbox advertising gift boxes, including the final graphics of printing processed by the Seller for the Buyer and the Buyer approved in writing and then the design of promotional gift boxes (which is protected by the Utility Model) are the intellectual property of the Seller protected by Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright. Without the express written and prior consent of the Seller, they may not be handled in any way and in particular may not be made available or made available to a third party under any circumstances.
The Seller may provide the Buyer, upon request, with a corresponding Truckbox advertising gift box template for payment according to the price list, only and only for the purpose of graphic processing of Truckbox advertising gift boxes printing by the Buyer's graphics. Further use of the template outside the Buyer's given order or its use by an entity other than the Buyer is not allowed without the Seller's explicit consent.
- FINAL PROVISIONS
These GTC are valid and effective on the date of their signature by the Buyer or on the date on which the Buyer consents to them at the conclusion of the purchase contract (i.e. by sending a binding order, sending documents, etc.) and cancels all previous provisions and customs. These GTC may only be supplemented or amended by a written amendment to the Purchase Contract. If any provision of the GTC or the Purchase Contract is declared invalid, the other provisions shall remain valid if they can be separated. The Contracting Parties undertake to replace the provision in question with a valid provision of similar content. These GTC and the Purchase Contract shall be governed by Act No. 89/2012, the Civil Code, as amended, and further by the laws of the Czech Republic.
In Prague on 1.1.2021
Troll CD s.r.o.