General Terms and Conditions for Consumers
These General Terms and Conditions for Consumers (thereafter "Terms and Conditions“) are related to contracts entered into through the online shop ONLINE-TEXTIL.COM located on the web interface www.online-textil.com (thereafter "Web Interface“) between
- Milan Kubale, based at Řenče 113, 334 01 Přeštice, Czech Republic
- Company ID: 45418471
- VAT registration number: CZ6711180168
- registered the Business Registry at City Hall Přeštice
postal address: Online-textil.cz, Milan Kubale, Mlýnská 10, 334 01 Přeštice, Czech Republic
telephone number: +420 731 181 022
as the seller
and you as the buyer.
1. INTRODUCTORY PROVISIONS
Though a purchase agreement, we commit to deliver the products stated in the order and you commit to take over the product (either in person or from the carrier) and pay the purchasing price (thereafter "Price“), including any shipping costs and fees associated with the payment, as specified in the order.
You gain ownership of the products by paying the whole Price but not before you accept the products.
1.1. Does the purchase agreement relate only to the products?
Any agreement entered into by these Terms and Conditions is considered purchase agreement (or only "agreement“). It could, therefore, also be an agreement about providing service.
1.2. Is the purchase agreement a consumer agreement?
The agreement is a consumer agreement only if you are a consumer, that is when you are a natural person and you buy products outside the scope of your entrepreneur business activity or outside of the scope of a regulated profession. In other cases, an agreement is not a consumer agreement and consumer protection rights according to the law and to these Terms and Conditions do not apply to you. General Terms and Conditions for Entrepreneurs and Legal Persons apply to you instead. In particular, as a non-consumer, you do not have the right to withdraw the agreement without stating a reason.
1.3. What are your special rights as a consumer?
As a consumer you have, foremost:
- the right to withdraw from an agreement by the use of telecommunications, such as telephone, e-mail or e-shop (article 5 of these Terms and Conditions);
- the warranty right for the product, its conditions and application are governed by the Product Exchanges and Claims Policy for Consumers (hereafter "Exchange Policy“);
- the right to sharing of information before an agreement is entered into (information are part of these Terms and Conditions and are also on the Web Interface);
- the right to an out-of-court settlement of a consumer dispute of an agreement (article 7.3 of these Terms and Conditions).
1.4. What governs our legal relationship?
Our legal relationship is governed by the following documents:
- these Terms and Conditions that limit and define our mutual rights and responsibilities;
- Product Exchanges and Claims Policy for Consumers, which we will follow in case of a claim;
- Principles of Personal and Other Data Protection, which govern the protection of your personal data;
- conditions and directions stated on the Web Interface especially when entering into an agreement;
- the order and its acceptance by our side,
and in questions not governed here also by the following legal acts:
- Act No. 89/2012 Coll., the Civil Code as amended (thereafter "Civil Code“);
- Act No. 634/1992 Coll., the Consumer Protection Act, as amended.
If your residence is outside of the Czech Republic or if our legal relationship contains another international element, you accept that our relationship is governed by Czech law. Should the law of the country of your residence grant higher consumer protection than Czech law, then this higher protection is applied to you in legal relationships.
1.5. How do you express your agreement with the Terms and Conditions?
By sending an order and also by confirming on the Web Interface you agree that you have read and understood these Terms and Conditions and agree with them.
We may change and amend these Terms and Conditions. Your rights and responsibilities are governed by the Terms and Conditions as valid when the agreement was entered into.
2. PURCHASE AGREEMENT
2.1. How do we enter into a purchase agreement?
There is a list of products on the Web Interface that includes the description of the main properties of the individual items. There is a price that includes all taxes, excise and fees. The presentation of products is informative in nature and does not constitute a proposal of an agreement as per § 1732 section 2 of the Civil Code. In order to enter into an agreement, it is necessary for you to send an order and for us to receive this order.
2.2. How to place an order?
You may always place an order through the Web Interface (by filling out the form), alternatively also by phone, e-mail or any other way that we may offer, according to the current information posted on the Web Interface.
An order has to contain all the information indicated in the form, in particular, the exact designation of the products being ordered (alternatively a number designation of the product), the number of pieces, the method of payment and delivery and your contact information (delivery or additional invoice information).
Before sending the order you have an option to check and change the data that you filled into the order, check the final price (related to the chosen method of delivery and payment). We recommend to check in particular the type and amount of products, e-mail and delivery address.
A binding order is sent by clicking on the "Send order“ button. We consider the data filled into the binding order to be correct and complete. In case of their change inform us immediately by telephone or e-mail.
We will inform you about receiving the order. The information (confirmation) about the receiving of the order is also its acceptance from our side.
If we have doubts about the authenticity and seriousness of the order, we may contact you in order to verify them. We may refuse an unverified order. This kind of order is then considered never placed.
2.3. When is an agreement entered into?
The purchase agreement is entered into at the moment when our acceptance of your order is delivered to you. The acceptance will be sent to you to the e-mail address that you indicated in the order. If an order is not received, the agreement is entered into at the moment you pay the entire purchase price or accept the ordered products (whatever comes first). The acceptance of an order is included in the information about receiving an order as per article 2.2 of these Terms and Conditions.
Information about the individual steps leading to the placing of an order is apparent from the Web Interface.
2.4. How to send an order for textile services?
On the Web Interface, we enable to order textile printing, embroidery on textile, sublimation, laser engraving and eventually other such services (thereafter jointly "textile services"). If you want to order textile services, fill in an order according to article 2.2 of the Terms and Conditions and in the order tick the option "I am interested in printing/embroidery“. After clicking on "Send the order“ you will be redirected to a form on the Web Interface where you can input information about the requested textile services, and upload a text or eventually graphic material such as photographs or graphics works (thereafter "printing data“), which are to be used for printing services.
After the sending of the form, we will contact you (by email or by phone) with a price offer. After the price offer is accepted by you, we will produce and send you a pre-print sample to be authorized. We will process your order once the sample is authorized.
In case of an order of textile services, a purchase agreement is not entered into according to article 2.3 of Terms and Conditions but at the moment when your agreement with the price offer is accepted.
Keep in mind that printing services can only be ordered when ordering more than 25 pieces of products.
2.5. How can you transmit printing data to us?
You will be able to upload printing data as part of the ordering process into an order form as per article 2.4 of the Terms and Conditions. The printing data can also be transmitted in ways listed on the Web Interface.
We caution that we do not keep the transmitted printing data for further orders of our clients. New data will have to be transmitted unless otherwise agreed by us and you.
You agree, by sending of the form per article 2.4 of the Terms and Conditions, that you give us your permission to use the printing data for our marketing purposes, especially to display the printing data on the Web Interface.
2.6. In what format can printing data be transmitted?
Printing data can be transmitted in formats, colours and dimensions that are specified on the Web Interface. We recommend following the information and instructions on the Web Interface for transmitting printing data.
In case the printing data are not transmitted to us or will not be transmitted in the above-mentioned form, you agree to provide us with your cooperation in order to eliminate any shortcomings, in particular by transmitting new printing data in the correct format, colour or dimension. If you refuse to or will be unable to cooperate according to the previous sentence, we reserve the right to withdraw from the agreement. Further, you are liable to reimburse us for any costs that have been incurred in connection with the agreement.
Bear in mind that after receiving incorrect data (for example printing data in an incorrect resolution) we are not responsible for faulty fulfilment. If you are not sure about what format you should transmit your printing data, contact us, we are happy to help.
2.7. What printing data can be transmitted?
Only printing data to that you have the necessary authorization and that do not violate valid legislation of the Czech Republic can be transmitted. It particularly is forbidden to transmit printing data to us that:
- are pornographic or child-pornographic by their nature;
- show violence against a person or animal;
- infringe the copyright of third parties,
- or that violate valid legislation of the Czech Republic by another way or are against good manners.
We are authorized to refuse an order that contains printing data that violates this article.
2.8. How can you cancel an already sent order?
An order that we have not yet accepted (that is, an acceptance has not yet been sent to you by us according to article 2.3 of these Terms and Condition), may be cancelled by telephone or e-mail. All orders accepted by us are binding. In case of ordering textile services, an order is binding from the moment of acceptance of the price offer by you as per article 2.4 of the Terms and Conditions. A later cancellation is only possible by an agreement with us. If an order where it is not possible to withdraw from an agreement (more information in article 5) is cancelled in this way, we have the right to a compensation of costs that have already been incurred in connection with an agreement.
2.9. Can a price stated on the Web Interface change?
Prices of presented products and prices for packaging, shipping and delivery remain valid during the term when they are displayed on the Web Interface. Possible discounts from product prices cannot be combined unless stated otherwise on the Web Interface.
In case there is an obvious technical mistake on our part in stating product prices on the Web Interface or during ordering, we are not obliged to deliver the product for this obviously faulty price, and not even if we have sent a confirmation of an order to you according to these Terms and Conditions. We reserve the right to withdraw from an agreement in this case.
If a price stated in the Web Interface is no longer up-to-date, we will immediately notify you of this fact. If your order has not yet been received, we are not obliged to enter into an agreement.
Price changes that take place in the time between sending an order and its acceptance from our side according to article 2.3 of these Terms and Conditions do not affect orders that have been sent.
2.10. What languages can be used to enter into an agreement?
An agreement can be drawn up in the English language unless both parties agree on another language.
2.11. Do you have a possibility to get the agreement in a text version?
An agreement is not entered into in a written form with signatures of both parties. An agreement is made of these Terms and Conditions, your order and its acceptance by us. The whole agreement will be sent to you by email or by mail if requested by you. We may ask you to compensate for any postage when sending by mail.
2.12. Is the agreement saved anywhere?
We archive the agreement (including these Terms and Conditions) in an electronic form. The agreement is not accessible to third parties, but we will send it to you on request.
2.13. What if you do not understand something in the agreement?
In case of questions about our Terms and Conditions or the agreement, you may contact us by telephone or by e-mail. We will gladly offer any required information.
3. PAYMENT CONDITIONS
3.1. Which methods of payment do you accept?
You may pay the purchase price mainly by these methods:
- in cash when using cash on delivery or by a personal pickup (at one of our shops listed on the Web Interface);
- cashlessly before delivery of the products on-line by bankcard through the GoPay payment portal;
- cashlessly before delivery of the products by transfer to our bank account (instructions will be given to you when we accept your order).
Other methods of payment are listed on the Web Interface.
Some method of payment (especially cash on delivery) may incur a fee. These fees are listed on the Web Interface. The final price will always be listed in an order, it will include fees incurred by the selected method of payment.
3.2. When does the purchase price become due?
In case of cash payment, the price is due on product delivery. In case of cashless payment before product delivery, the price is due five days after the order has been accepted as per article 2.3. Your obligation when using cashless payment is fulfilled when the amount is added to our bank account.
3.3. Which currency can be used to pay?
Payments for products are possible in Euros (EUR).
3.4. When can we ask for a deposit or for payment in advance?
We may require a deposit for the price mostly for orders with a total price of more than 200 EUR.
We are further authorized to ask to pay the total price of the product before shipping or receiving (§ 2119 section 1 of the Civil Code does not apply).
3.5. How do we issue receipts according to Electronic Registration of Sales?
According to Act on Registration of Sales No. 112/2016 Coll., we are required to issue you a receipt. At the same time, we are required to register the received payment with tax authority online; in case of a technical failure within 48 hours.
By agreeing to these Terms and Conditions you also agree to share the receipt in an electronic form.
4. DELIVERY CONDITIONS
4.1. How do we send products?
The methods of product delivery are listed on the Web Interface. You can select the particular delivery method in your order. If you do not select any delivery method, we may do so.
4.2. What are the shipping costs?
Shipping costs always depend on the size and nature of the product and on the pricing of the selected shipper. Current shipping costs are listed on the Web Interface.
An order will always list the final price, the final price will include shipping costs based on the selected method of shipping.
4.3. When will we deliver the products?
The term of delivery of products always depends on its availability and on the selected method of shipping and payment...
Products that are in stock, are usually sent out within two days after accepting an order (when sending products as cash on delivery or personal pick-up), alternatively after receiving the amount on our bank account (when paying cashlessly).
Products that are not in stock will be sent out as soon as possible. We will inform you of the exact date.
Products produced as textile services according to article 2.4 of the Terms and Conditions are sent out usually within 2 to 3 weeks after accepting an order (when sending products as cash on delivery or personal pick-up), alternatively after receiving the amount on our bank account (when paying cashlessly).
The delivery of the products is understood to be the moment when the products are delivered to you. Should you refuse to accept the products without a reason, this will not be considered a failure to fulfil the obligation to deliver the products by us or withdrawal from the agreement by you.
4.4. How to proceed when accepting products?
When accepting the products check whether the packaging is still sealed. If you notice any defects, inform the shipper and us immediately. If you refuse to accept a delivery with a broken packaging, it is not considered a refusal of products without giving a reason.
The responsibility of accidental destruction, damage or loss of product is assumed by you at the moment of acceptance (or the moment when you were obliged to accept the product but did not do so in violation of an agreement).
4.5. What happens in case you do not accept the product?
If it is necessary to deliver the product due to reasons on your side or in a way other than what has been already agreed, you are obliged to reimburse the costs connected with such delivery.
In case you do not accept the product without giving a reason, we have a right to be compensated for costs connected by product delivery and its storage, as well as other costs that may be incurred by us as a result of a refusal to accept the product. These costs will not exceed 0.4 EUR per day of storage. Storage costs may reach a maximum of 20 EUR or the price if it is lower than 20 EUR.
We further have the right to withdraw from the agreement in this case.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. How can you withdraw from the purchase agreement?
You may withdraw from the purchase agreement within 14 days after accepting the product; if the delivery is split into several parts, then the after the acceptance of the last part. We recommend to send the notice of withdrawal from the purchase agreement by mail or e-mail. It is possible to use a sample form for withdrawal. We will confirm its receipt without delay.
You do not have to justify the withdrawal in any way.
5.2. What are the consequences of withdrawal from the agreement?
As a result of a withdrawal, the agreement is cancelled since its beginning and it is considered as if it never was entered into.
If a gift was made available to you with your consent, the gift agreement loses its validity by the withdrawal of any of the Parties from an agreement. You will send us the gift together with the returned products.
5.3. When is it possible not to withdraw from an agreement?
In accordance with § 1837 of the Civil Code, it is not possible to withdraw from an agreement concerning products that were modified according to your wishes or for your person (especially in case of products produced with the use of printing services).
5.4. How will you return the products?
You are obliged to return the products to our delivery address, to any of our shops or to our seat, within 14 days after withdrawing from an agreement. Do not send the products as cash on delivery. We are not obliged to accept any products sent as cash on delivery.
We recommend to enclose with returned products:
- a copy of the delivery note and invoice, if these documents have been issued, or another document that proves the purchase of the product.;
- a written statement about the withdrawal from the agreement (on our form or otherwise) and a selected way of money refund (bank account transfer, cash picked up in person, money order or another method). Include a delivery address, telephone and email in the statement.
The failure to submit any of the above-mentioned documents does not hinder a positive settlement of your withdrawal from the agreement based on legal conditions.
5.5. When will you get your money back?
We will return all money received to you within 14 days of withdrawal from the agreement. Bear in mind, however, that we are not obliged to return the money back before you return the products or prove that you have sent it to us.
You have the right to return the cost of shipping to you in addition to the purchase price. If you, however, have selected a method that is different from the cheapest delivery method that we offer, then we will only refund the shipping cost only in the amount corresponding to the cheapest delivery option offered.
We will refund you:
- the same way as the money was received, or
- a way that you request.
In addition to the above-mentioned ways, we can always return the money to the bank account indicated by you or to the bank account from which the money was sent to pay the price (if you do not indicate any other within ten days of withdrawing from the agreement). By accepting these Terms and Conditions you agree with the sending of money according to the previous sentence with the condition that no extra fees are incurred by you.
You are responsible for the costs connecting to the shipping of returned products back to us, even in the case when the products can not be returned by the usual postal way due to their nature.
5.6. What if the products were returned damaged?
Package the products into an appropriate packaging so they do not get damaged or destroyed.
If we discover that the products returned by you are damaged, worn, dirty, or partially worn, you are responsible for the difference in product value.
5.7. When can we withdraw from a purchase agreement?
We reserve the right to withdraw from an agreement in the following cases:
- an obviously faulty price for a product was listed on the Web Interface due to a technical error (article 2.9 of these Terms and Conditions);
- it is not possible to deliver the product according to the original conditions due to objective reasons (primarily because the product is no longer being produced, the producer stopped shipping to the Czech Republic etc.);
- you do not cooperate or are not able to cooperate in order to eliminate any shortcomings in the printing data in accordance with article 2.6 of the Terms and Conditions;
- the fulfilment becomes objectively impossible or illegal, including the case when you transmit to us data that violate article 2.7 of the Terms and Conditions.
In case any of these take place, we will inform you about our withdrawal without delay. Our withdrawal becomes valid when delivered to you.
If you have already paid the purchase price fully or partially, we will refund the received amount cashlessly to the bank account that you indicate to us or from which you paid the price. We will refund the money within five days after withdrawal from the agreement.
6. RIGHTS FROM FAULTY FULFILLMENT
Your rights from faulty fulfilment are governed by the generally binding legislation (in particular by § 1914 to 1925, § 2099 to 2117 and, if you are a consumer, § 2158 to 2174 of the Civil Code).
We will proceed in accordance with our Claims Policy when applying your rights from faulty fulfilment. Study the Claims Policy before you send a claim in order for the claim to be settled as fast as possible and to ensure your satisfaction.
7. REGISTRATION ON THE WEB INTERFACE
7.1. How do you register on the web interface?
By registering through the registration form on the web interface, a user account is established. Keep the access data to the user account secret. We do not take any responsibility for any third party abuse of the user account.
The information stated in the registration must be true and complete. Should the account be established with untrue or incomplete information, we reserve the right to cancel the account without a compensation. In case of changes in your user information, we recommend their immediate change in the user account.
7.2. What is the user account for?
Through the user account, you can primarily order goods, track orders, and manage the user account. Any other user account features are always listed on the web interface.
7.3. When can we cancel your user account?
Acknowledge that we have the right to cancel your user account if this account should be used in a way that violates good morals, applicable law or these general terms and conditions.
8. PROTECTION OF COPYRIGHT, RESPONSIBILITY AND USE OF THE WEB INTERFACE
8.1. Is the content of the website protected by copyright law?
The content of the website located on the web interface (texts including general terms and conditions, photos, images, logos, software, etc.) is protected by our copyright or by the rights of other persons. You may not change, copy, duplicate, distribute or use the content for any purpose without our consent or consent of the copyright holder. In particular, it is forbidden to make free or paid access to photos and texts placed on the web interface.
Names and designations of the products, services and companies may be registered trademarks of the respective owners
8.2. Responsibility and use of the web interface
We are not responsible for errors resulting from third-party interferences with the web interface nor are we responsible for errors resulting from the use of the web interface contrary to its intended use. During the use of the web interface, you may not use methods, that could affect the function of the system or that could unnecessarily burden the system.
If you make use of the web interface to commit any unlawful or unethical behaviour, we are entitled to restrict, suspend, or terminate your access to the web interface without any compensation. In this case, you are also obliged to pay us any damages that are demonstrably incurred by your actions under this paragraph, in full amount.
We warn you that clicking on some links on the web interface may lead to leaving the web interface and redirect you to third-party websites.
9. FINAL PROVISIONS
9.1. What authorizations do we have to do our business and who inspects us while doing business?
We are authorized based on our business registration. Our activity is not subject to any other authorization.
The respective business registry is authorized to inspect businesses registered under its jurisdiction. The inspection of legal regulations of technical requirements and safety for products is provided by the Czech Trade Inspection Authority (http://www.coi.cz/). The Czech Trade Inspection Authority also inspects compliance with consumer protection legislation. The rights of consumers are also protected by their associations and other organizations for their protection.
9.2. How do we process complaints?
We process possible complaints via our e-mail. You can further contact the organizations mentioned in article 9.1. In our relationship with a customer we are not bound by any code of conducts nor do we follow any.
9.3. What rights do you have in case of a consumer dispute?
If you are a consumer and a dispute from an agreement arises between you and us that we are not able to solve directly, you have the right to contact the Czech Trade Inspection Authority (address: Česká obchodní inspekce, Ústřední inspektorát - oddělení ADR, Štěpánská 15, 120 00 Praha 2; web interface: www.coi.cz, www.adr.coi.cz; electronic contact: firstname.lastname@example.org; telephone: +420 296 366 360) in order to reach an out-of-court settlement of a consumer dispute. You may apply this right within 1 year since the day you first applied your right that is subject to this dispute.
In order to submit a complaint about our products or services that you purchased from us and to find a subject for the alternative solution of disputes, you may also use the online platform, set up by the European Commission, at: http://ec.europa.eu/consumers/odr/.
9.4. What else should you know?
Bear in mind that if the printing data submitted to us by you for the purpose of printing services violate copyright or other intellectual property rights of third parties, you are responsible for consequences of this violation.
Telecommunications are used for entering into an agreement (in particular the Internet). The costs connected with the use of telecommunications (primarily the costs of an internet connection or a telephone call) are born by you. These costs are not different from the usual rates.
Unless agreed otherwise, all correspondence connected with the agreement between you and us takes place in a written form, whether by e-mail, registered mail or personal delivery. We will delivery to your electronic mail address included in the order or in your user account.
Should a provision of the General Terms and Conditions be invalid or ineffective, or becomes such, then a provision which is the closest in sense to the non-applicable one shall be used. Invalidity or ineffectivity of a provision does not invalidate the others. Changes and amendments of the Contract or Terms and Conditions require the written form.
These General Terms and Conditions are valid and in force as of 13 may 2018.