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Terms and Conditions

GENERAL TERMS AND CONDITIONS


1. Introductory provisions


1.1 These General Terms and Conditions of Business (hereinafter referred to as the "Terms and Conditions") govern the mutual rights and obligations of the parties arising in connection with the conclusion of a contract, the subject of which is the performance of work, the provision of services or the sale of goods, between the Seller (Supplier), as specified below, and another legal or natural person (hereinafter referred to as the "Buyer"). The performance of work, the provision of services and the sale of goods is hereinafter in these Terms and Conditions collectively referred to as the supply of "Goods" and the contract for the supply of such Goods as the "Purchase Contract."


1.2 These Terms and Conditions also govern the rights and obligations of the parties in connection with the conclusion of a contract through the Seller's online shops and related legal relationships. Internet shops (e-shops) are operated by the Seller via web interfaces on the following websites: eshop.powerprint.cz, www.darecky24.cz, www.diplomka24.cz, www.fotokniha24.cz, www.poster24.cz, www.publikace24.cz, www.eshoptisku.cz, www.tiskelnik.cz, www.bookla.cz.


1.3. The Seller is powerprint s.r.o., with its registered office at Praha 6 - Suchdol, Brandejsovo nám. 1219/1, Postal Code 16500, ID No.: 27627705, registered in the Commercial Register maintained by the Municipal Court in Prague under No. C 119931.


1.4 The Seller has the following premises: Brandejsovo nám. 1219/1, 165 00 Praha 6 - Suchdol, email: suchdol@powerprint.cz, tel.: 730 517 839.


1.4.2. Shop Prague - Dejvice: Zikova 19, 160 00 Prague 6 - Dejvice, email: dejvice@powerprint.cz, tel.: 730 517 831.


1.4.3. Shop Prague - Žižkov: Seifertova 29, 130 00 Prague 3, email: zizkov@powerprint.cz, tel.: 724 738 304.


1.4.4. Shop Brno - Veveří: Gorkého 3, 602 00 Brno Veveří, email: brno@powerprint.cz, tel.: 730 517 832.


1.4.5: Tř. 1. máje 23, 779 00 Olomouc, email: olomouc@powerprint.cz, tel.: 725 721 139.


1.4.6. Shop Liberec: Revoluční OC Delta, 460 01 Liberec, email: liberec@powerprint.cz, tel.: 730 517 830.


1.4.7. Print shop Horoměřice: Suchdolská 1018, 252 62 Horoměřice.


1.5 These terms and conditions are valid from 1 July 2022. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions. In the event that the Seller amends, supplements or cancels the wording of these Terms and Conditions, the relations between the Seller and the Buyer shall be governed by the Terms and Conditions as in force on the date of conclusion of the Purchase Agreement.


1.6 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The terms and conditions for the protection of personal data also form an integral part of these terms and conditions. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions. The use of the general terms and conditions of the buyer is not permitted unless the parties expressly agree to this in writing.


1.7 All contractual relations between the Seller and the Buyer shall be governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code. If the contracting party is a consumer, the contractual relations shall also be governed by the laws governing consumer protection, in particular Act No. 634/1992 Coll., on Consumer Protection, as amended.


2. Conclusion of the Purchase Contract 2.1. The written form is also maintained when using email communication between the Buyer and the Seller. The order shall contain, in addition to the identification data of the Seller and the Buyer, in particular the specification of the goods, the date of delivery of the goods and the amount of the purchase price (including value added tax), if applicable, the amount of the costs associated with the delivery of the goods, the method of payment and the necessary contact details.


2.2 In the case of using the Seller's online shop, the purchase contract is concluded by sending an order confirmation sent by the Seller by e-mail to the Buyer's e-mail address provided by the Buyer in the user interface or in the online order.


2.3 By confirming the order, the buyer undertakes to take delivery of and pay for the goods specified in the order. The Buyer's order may be changed or cancelled after the conclusion of the Purchase Contract only with the Seller's consent, unless otherwise specified below. The Buyer shall have the right to cancel his order (i.e. withdraw from the Purchase Agreement) free of charge within thirty (30) minutes from the moment of conclusion of the Purchase Agreement, i.e. in the case of using the online shop - from the moment of sending the confirmation of the order creation to the Buyer's email address. The request for cancellation of the order must be communicated to the Seller within thirty (30) minutes, exclusively by email sent to the electronic address of the respective shop where the goods are to be picked up in person, or to the email from which the order confirmation was sent. Later requests to cancel an order and any requests to change an order may be subject to a charge by the Seller. Such requests must be communicated by the Buyer to the Seller without delay, exclusively by email sent to the electronic address of the relevant shop, the relevant online shop or in person at the relevant shop. If, however, the requested change or cancellation involves costs on the part of the Seller (in particular if the goods have already been manufactured or production has begun), the Seller is entitled to claim reimbursement of the costs associated with such additional change or cancellation of the order (for the consumer's right of withdrawal, see section 7 below).


2.4 The Purchase Contract shall be concluded in the Czech language.


Internet shop


2.5 The Seller's online shop contains a list and prices of the goods offered for sale by the Seller. The prices of the goods offered are inclusive of value added tax (VAT), unless it is expressly stated that the price is exclusive of VAT. The offer for sale of the goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the online shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms. All offers for the sale of the goods displayed on the web interface of the online shop are non-binding and the seller is not obliged to conclude a purchase contract for these goods (in particular due to stock exhaustion, insufficient production capacity, etc.). The online shop also contains information on the costs associated with the delivery of the goods. The information on the costs associated with the delivery of the goods listed in the web interface of the online shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.


2.6 In order to order goods, the buyer shall fill in the order form on the web interface of the online store. The order form contains in particular information on: a) the goods ordered, b) the price and costs associated with the delivery of the goods, c) the method of payment of the price and related costs, d) the identification and contact details of the Buyer, e) the method and place of delivery of the ordered goods and f) the expected delivery date (hereinafter referred to as the "online order").


2.7 Before sending the Internet Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, taking into account the Buyer's ability to detect and correct errors arising from data entry. The Buyer sends the online order to the Seller by clicking on the button "Finish", "I agree with the order", etc. The data provided in the online order are binding and are considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by email to the Buyer's email address specified in the user interface or in the online order (hereinafter referred to as the "Buyer's email address"). The Buyer shall ensure that his/her email address is set up correctly. The Seller shall not be liable if the e-mail confirmation of the Internet order is not delivered to the Buyer due to a non-functioning or full e-mail box, incorrect indication of the e-mail in the Internet order or marking of such e-mail as spam (junk mail).


2.8 The contractual relationship between the Seller and the Buyer is established by the Seller sending the order confirmation by e-mail to the Buyer's e-mail address. The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, especially with persons who have previously substantially breached the purchase contract (including the terms and conditions).

2.9 The Seller is always entitled to request additional confirmation of the online order (usually by email) depending on the nature of the online order (e.g. due to large quantities of goods, high prices or expected shipping costs). If the Buyer does not confirm his/her online order without undue delay (but no later than within 5 working days) and if the purchase contract has already been concluded, the purchase contract is automatically cancelled on the expiry of the 5th working day after the Seller's request for additional confirmation of the online order is sent by the Buyer. The Seller's deadline for delivery of the goods shall only start on the date of delivery of the confirmation to the Seller's email address.


2.10. In the event of manifestly incorrect or erroneous data provided in the online order (e.g. mistake regarding the type of product or its parameters - wrong format, etc.), the Seller is entitled, if such incorrect or erroneous data is not subsequently clarified, to withdraw from the Purchase Contract on the basis of a notice of withdrawal sent to the Buyer's email address. The Seller's deadline for delivery of the goods shall only start on the date of clarification of the subject of the internet order, e.g. on the basis of a confirmation from the Buyer delivered to the Seller's email address.


2.11. The Buyer agrees to the use of remote means of communication for the conclusion of the purchase contract. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs, etc.) shall be borne by the Buyer.


Consent to the provision of the service before the expiry of the withdrawal period


2.12. If the subject of a purchase contract concluded via an online shop or other means of distance communication by a consumer buyer is the provision of a service (e.g. ordering business cards or wedding invitations with graphic design, printing on material supplied by the buyer, etc. ) and if the term of performance specified in the (internet) order is shorter than the 14-day statutory withdrawal period, the consumer requests, pursuant to Section 1823 of the Civil Code, that the seller commences performance of the subject matter of the purchase contract before the expiry of the statutory withdrawal period. The buyer-consumer acknowledges and agrees that if the term of performance is shorter than the statutory withdrawal period, the consumer's right to withdraw from the contract is limited - for the consumer's right to withdraw from the contract, see section 7 below.

3. User account


3.1 When using the online shop, the buyer can access his user interface by registering on the online shop website. The Buyer may order goods from his/her user interface (hereinafter referred to as "user account"). The Buyer may also order goods without registration directly from the web interface of the online shop.


3.2 When registering on the online shop website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.


3.3 Access to the user account is secured by a user name and password. The Buyer shall maintain confidentiality regarding the information necessary to access his/her user account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer. The Buyer is not entitled to allow third parties to use the user account.


3.4 The Seller may cancel the User Account, in particular if the Buyer does not use his User Account for more than one (1) year or if the Buyer breaches his obligations under the Purchase Agreement (including the Terms and Conditions).


3.5 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software equipment of the Seller or third parties.






4. Price of goods and payment terms


4.1 The Buyer may pay the price of the Goods, the costs associated with the delivery of the Goods and any other payments under the Purchase Agreement to the Seller in the following ways,


4.1.2. by credit card at the Seller's shops,


4.1.3. in advance by wire transfer to the Seller's bank account,


4.1.4. by cash on delivery at the place specified by the Buyer in the order, in cash or by credit card if the chosen carrier offers it, and in the case of purchase contracts concluded on the basis of an internet order, also:


4.1.5. online payment (by credit card or other methods) via the payment gateway in the web interface of the online shop.


4.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the delivery of the goods. Unless otherwise stated, the purchase price shall also include the costs associated with the delivery of the goods.


4.3 The Seller is a payer of value added tax. Unless expressly stated otherwise in the purchase contract (order), the price includes the relevant value added tax.


4.4 Unless otherwise specified below, the purchase price is payable: 4.4.1. in case of payment in cash or by credit card upon receipt of the goods in the Seller's shop,


4.4.2. in the case of payment on delivery, upon receipt of the goods at the place of delivery,


4.4.3. in the case of online payment via the payment gateway of the online shop immediately after the conclusion of the purchase contract; if the purchase price is not paid on the day of conclusion of the purchase contract, the purchase contract is automatically cancelled,


4.4.4. in the case of a non-cash payment to the Seller's bank account within 3 days after the conclusion of the Purchase Agreement; the Buyer's obligation to pay the Purchase Price is fulfilled at the moment of crediting the relevant amount to the Seller's account. If the amount of the purchase price is not paid within 5 days of the conclusion of the purchase contract, the purchase contract is automatically cancelled. The Seller's deadline for delivery of the goods does not start until the date of payment of the purchase price.


4.5 Depending on the nature of the order (in particular in the case of large quantities, high prices or transport costs), the Seller is entitled to require an advance payment of the purchase price. If possible, the Seller shall inform the Buyer of the requirement for payment of the advance payment before the conclusion of the purchase contract (e.g. in person at the shop, by email or by telephone after receipt of the Buyer's order). The deposit is due within fourteen (14) days from the date of conclusion of the purchase contract, unless otherwise agreed in a particular case. The Seller's deadline for delivery of the Goods shall not begin until the date of payment of the deposit.


4.6 The Seller shall be entitled to demand payment of the full purchase price before delivery of the goods (e.g. if the Buyer has previously breached another contract concluded between the Seller and the Buyer, etc.). If possible, the Seller shall notify the Buyer of the requirement to pay the purchase price prior to delivery of the goods before the conclusion of the purchase contract (e.g. in person at the shop, by email or by telephone after receipt of the Buyer's order). The Seller's time limit for delivery of the goods shall only run from the date of payment of the purchase price.


4.7 The Seller shall issue a tax document to the Buyer for the amount of the purchase price and other payments made under the Purchase Agreement. The Seller shall forward (send) the tax document to the Buyer together with the Goods after payment of the purchase price or electronically by email to the Buyer's email address after delivery of the Goods and payment of the purchase price.


4.8 The Seller is obliged to issue a receipt to the Buyer in accordance with the Sales Records Act. At the same time, the Seller is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest. The Seller issues receipts in accordance with the Act on Revenue Registration in electronic form sent by e-mail or in paper form depending on the chosen method of delivery and payment.


4.9 The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

5. Delivery and transport of the goods

5.1 Goods may be delivered to the Buyer in the following ways:


5.1.1,


5.1.2. delivered to the address specified by the Buyer in the order by a postal service provider, an external carrier (hereinafter referred to as the "Carrier") or the Seller (in selected locations only).


5.2 The method of delivery is chosen by the Buyer in the order. In the case of delivery of the goods by a carrier, the date of delivery of the goods shall be the date of handover of the goods by the Seller to the carrier. The standard delivery time of the goods by the given carrier is indicated on the web interface of the online store or can be communicated to the Buyer in the Seller's shop. The Seller shall not be liable for compliance with the standard delivery time of the goods by the chosen carrier or for any damage caused during transportation. In the case of delivery of the goods by a carrier, the rights and obligations of the parties regarding the transport of the goods shall also be governed by the terms and conditions of delivery of the chosen carrier.

5.3 If the term of performance specified in the online order (purchase contract) is stated in days, this means working days. The last day of the term of performance is the day of dispatch of the object of performance by the Seller (e.g. if the order specifies a production period of 5 days, then on the 5th working day the order is dispatched by the Seller - i.e. handed over to the chosen carrier, ready for collection at the shop, etc.).


5.4 The Buyer undertakes to take delivery of the goods at the place specified by the Buyer in the order and within the time limit according to the Purchase Agreement. The goods are delivered by handing them over to the Buyer. The delivery and acceptance of the goods is confirmed by signing the delivery or order note. In the event that the Buyer does not take delivery of the goods within two (2) weeks from the agreed delivery date or from the date of delivery of the goods by the carrier (if transport of the goods is agreed), the Seller is entitled to withdraw from the Purchase Contract and to claim compensation from the Buyer for the damage caused. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

5.5 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. By signing the delivery note, the buyer confirms receipt of the shipment and that the shipment is free of defects in the packaging of the goods; any subsequent claims regarding damage to the packaging of the shipment need not be taken into account. In the event of damage to the goods in transit, the Buyer undertakes to cooperate with the Seller in resolving the claim.

6. Copyright and preparation of press materials


6.1 The Buyer declares that it is entitled to all rights necessary for the use, processing, transmission and publication of the data (in particular text and image materials) submitted to the Seller for the purpose of producing the goods under the Purchase Agreement. The Buyer warrants himself that he does not infringe any rights of third parties and that the content of his printed materials does not contravene the applicable laws of the Czech Republic. The Seller is not liable for the content of the printed matter. The Buyer shall be solely responsible for any infringement of third party intellectual property rights resulting from the production of goods based on the print data provided to the Seller by the Buyer.


6.2 Digital data and other reusable items, semi-finished products and finished goods that are not collected by the Buyer within two (2) weeks after the agreed delivery date or the date of delivery of the goods by the carrier (if transport of the goods is agreed), shall not be stored by the Seller nor shall they be transferred (sent) to the Buyer.

6.3 If the subject of performance under the Purchase Contract is the production of goods based on the Buyer's print data, the Buyer is obliged to thoroughly check the print data before handing it over to the Seller to ensure that it is suitable for the execution of the requested order. The risk of any defects in the goods (printing products) caused by incorrect print data provided by the Buyer (e.g. typos in the text) shall be borne solely by the Buyer. The Seller shall be entitled to reject print documents that are illegible, defective, unclear or otherwise unprocessable. In such a case, the delivery period shall only start to run when the Buyer has handed over new, faultless print documents. The Seller shall not be liable for defects caused to the Buyer as a result of the Buyer's failure to comply with the instructions concerning the prerequisites for the preparation and delivery of the print data. This applies in particular to printed matter which is based on an inappropriate colour spectrum or too low a resolution, or uses fonts which are not a fixed part of the document. Minor colour deviations shall not be regarded as a defect; this also applies to colour deviations from a previous order printed by the seller.


6.4 The Seller shall also be entitled to reject printed documents that are unethical, pornographic or in violation of the law. In such a case, the delivery period will only start to run when the Buyer has handed over new, faultless print documents. If the Buyer fails to deliver the faultless printing materials, both the Seller and the Buyer shall be entitled to withdraw from the Purchase Contract.

6.5 If the subject of performance under the Purchase Agreement also includes the processing of a graphic design by the Seller (e.g. in the case of wedding announcements, business cards, etc.), the Seller shall send a preview of the graphic design to the Buyer's email address for approval or comments. The production of the goods is started only after the buyer has approved the graphic design. Later complaints concerning the graphic design (especially if the goods are already in production) may not be taken into account by the seller.


6.6 The Buyer acknowledges that the graphic design of the print materials (goods) may differ from the digital data submitted, e.g. in terms of font type, line spacing, etc., due to technical parameters that the print materials must meet. Such differences in the graphic processing are not a defect.


6.7 The Seller is not responsible for the correctness of templates displayed in online shops or stores (e.g. printing patterns for thesis plates). The buyer is responsible for the accuracy of the data provided in his (internet) order.

7. Withdrawal from the contract by the consumer


7.1 The Buyer has the right to withdraw from the Purchase Contract without giving reasons in accordance with Section 1829 (1) of the Civil Code within fourteen (14) days of receipt of the goods if:


7.1.1. he is a consumer (i.e. according to § 419 of the Civil Code he acts outside the scope of his business activity or outside the scope of his independent exercise of his profession),


7.1.2. the purchase contract has been concluded by means of distance communication (i.e. in particular through an online shop or on the basis of email communication); and


7.1.3. it is not a case referred to in Article 7.2 below.


7.2 The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, the Purchase Contract cannot be withdrawn from, inter alia:


 7.2.1. on the delivery of goods that have been customized according to the consumer's wishes or for his/her person (e.g. in the case of custom printed mugs, custom name bracelets, etc.),


7.2.2. for the provision of services, if they have been performed with the consumer's prior express consent before the expiry of the withdrawal period and the seller has informed the consumer before the conclusion of the contract that in such a case he has no right of withdrawal; or

7.2.3. for the delivery of digital content, unless it was delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the seller has informed the consumer prior to the conclusion of the contract that in this case he has no right to withdraw from the contract.


7.3 Withdrawal from the purchase contract must be sent to the seller within fourteen (14) days from the date of receipt of the goods. In the event that the subject of the purchase contract is several types of goods or the delivery of several parts of goods, the fourteen-day withdrawal period shall run from the date of receipt of the last delivery of goods. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to these terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, by post to the address of the Seller's registered office or by email to the electronic address of the relevant shop or the relevant e-shop of the Seller or to the electronic address from which the Buyer received the confirmation of his online order.

7.4 In the event of withdrawal from the Contract under this Section 7 of the Terms and Conditions, the Goods must be returned to the Seller within fourteen (14) days of withdrawal. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the Goods to the Seller, even if the Goods cannot be returned by normal postal means due to their nature. The Buyer may return the goods by sending them to the Seller's registered office or by handing them over in person at the Seller's shop. The time limit for returning the goods shall be preserved if the goods are sent to the Seller within fourteen (14) days of withdrawal from the contract.

7.5 In the event of withdrawal from the Contract under this Section 7 of the Terms and Conditions, the Seller shall return the funds received from the Buyer (including the cost of delivery of the Goods) within fourteen (14) days of the Buyer's withdrawal from the Contract in the same manner as the Seller received them from the Buyer. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the Goods in an amount equal to the cheapest method of delivery offered. The Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that it has dispatched the goods in question to the Seller. The Seller may return the performance provided by the Buyer already upon return of the goods by the Buyer or by other means, provided that the Buyer agrees and no additional costs are incurred by the Buyer. In the case of withdrawal from a contract for the provision of services, the performance of which was commenced with the prior express consent of the buyer before the expiry of the withdrawal period, the seller is entitled to a proportionate part of the agreed price for the performance already provided up to the time of withdrawal in accordance with Section 1834 of the Civil Code.

7.6 The Buyer is liable for any reduction in the value of the returned goods as a result of handling the goods in a manner other than that necessary to become familiar with the nature and characteristics of the goods, including their functionality. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.


7.7 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.


8. Liability for defects and warranty


 8.1 The rights and obligations of the parties with regard to the Seller's liability for defects, including the Seller's warranty liability, shall be governed by applicable law. The Seller may issue a Complaints Procedure governing other rights and obligations of the Parties.

8.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods: 8.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them,


8.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,


8.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,


8.2.4. the goods are in the appropriate quantity, measure or weight and comply with the requirements of the legislation.

8.3 Standard procedure: in the event of a defect in the goods, the Seller will usually remedy the legitimate defect claimed by repairing the goods (e.g. if the print of the T-shirt peels off even if the washing instructions are followed, the Seller will make a new print). If the defect cannot be repaired, if the defect has appeared for the third time or if the seller decides to do so, the seller will deliver new goods to the buyer or may refund the price paid for the goods (i.e. the purchase contract will be cancelled). This standard procedure applied by the Seller in normal cases of legitimate complaints is for illustrative purposes only and does not affect the rights and obligations of the parties under the other provisions of this Article 8 and the law.

8.4 If the goods do not have the characteristics referred to in Article 8.2 above, the Buyer may also demand the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect relates only to a part of the item, the Buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the purchase contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer shall be entitled to have the defect remedied free of charge. The buyer is also entitled to the delivery of a new item or the replacement of a part in the case of a removable defect if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects (i.e. if the item has been repaired by the seller at least twice or if three or more defects have occurred at the same time). In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to have a new item delivered free of defects, to have a part of the item replaced or to have the item repaired, he may claim a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to supply a new item without defects, to replace a part of the item or to repair the item, and if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulty to remedy the defect. The Buyer shall be entitled to exercise the right to claim for a defect that occurs in consumer goods within twenty-four (24) months of receipt. If the defect manifests itself within six (6) months of receipt, the goods shall be deemed to have been defective upon receipt.

8.5 The provisions set out in this Section 8 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect which resulted in the lower price being agreed, to wear and tear caused by normal use of the goods, to a defect caused by the Buyer, to a defect in used goods corresponding to the level of use or wear and tear which the goods had when taken over by the Buyer, or if this results from the nature of the goods. The buyer is obliged to follow the instructions for use of the purchased goods, which were given to the buyer together with the goods. The Seller shall not be liable for defects caused by failure to follow the instructions.


8.6 The Buyer shall assert his rights from defective performance at the Seller's stores. The moment of asserting a claim shall be deemed to be the moment when the Seller has received from the Buyer the claimed goods and related necessary documents (e.g. receipt). In the event of a claim, the Seller shall issue the Buyer with a written confirmation of the date of the claim, the content of the claim and the required method of its settlement.

8.7 The Seller shall decide on the complaint immediately, in complex cases within three (3) working days. The reasonable time required for a professional assessment of the defect shall not be included in this time limit. The complaint, including the rectification of the defect, must be settled without undue delay, at the latest within thirty (30) days from the date of the complaint, unless the parties agree on a longer period. The Seller shall issue to the Buyer a confirmation of the date and manner of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the claim.


8.8 Printing on material supplied by the Buyer: Buyer shall verify the suitability of the material supplied to Seller for printing or processing. The Seller shall not be liable for defects caused by printing or processing on the material supplied, in particular if such defects are due to the unsuitability of the material in question, failure to follow the instructions for use or maintenance, etc. The use of the material supplied is at the risk of the buyer and the seller is not obliged to compensate for any damage to the material supplied which may occur during its processing or printing. The Seller shall have the right to refuse to print or process on the material supplied.

8.9. Bookbinding - binding of material supplied by the buyer: The Buyer shall deliver material that (i) meets the technical conditions attached to these Terms and Conditions (ii) is in sufficient quantity to handle the load requested by the Buyer, including the overage specified in the above technical conditions. The Seller shall bind the material supplied in a manner determined by the Seller in its experience, unless otherwise required by the Buyer. The Seller shall not be liable for any defects in the material supplied caused by its workmanship, in particular if such defects are due to the unsuitability of the material in question. The use of the material supplied is at the risk of the Buyer and the Seller shall not be obliged to compensate for any damage to the material supplied which may occur during its processing. Seller shall have the right to refuse to process the material.


8.10 Indemnification: in the event of liability of the Seller for damages, only the actual damages incurred shall be indemnified. Without prejudice to any other provisions limiting or excluding the Seller's potential liability under these Terms and Conditions, the Seller and the Buyer agree that the maximum aggregate amount which the Seller may pay to the Buyer as a rebate or any other payment, compensation, damages or debt under the Purchase Contract shall not exceed in aggregate an amount equal to 100% of the purchase price actually paid.

9. Processing and protection of personal data


9.1 The processing and protection of the Buyer's personal data are regulated in the Terms and Conditions of Personal Data Protection available on the Seller's website.


9.1.1 The Buyer agrees that the Seller may process his personal data in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended, for the purpose of fulfilling the contract and sending commercial communications. The Buyer further agrees that the Seller may provide his/her e-mail address to its business partner Siemens, s.r.o., which operates the Internet portal www.cenasiemens.cz, for the purpose of sending commercial communications once a year.


10. Other provisions relating to the online shop


10.1 The Buyer acknowledges that the software and other components forming the web interface of the online shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components of the online shop.

10.2 The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the online shop. The online shop may only be used to the extent that is not detrimental to the rights of other customers of the Seller and that is consistent with its purpose. The Buyer acknowledges that the Seller shall not be liable for any errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.


10.3 The Buyer agrees to the storage of cookies on his/her computer. In the event that the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw the consent according to the previous sentence at any time.


10.4 The Seller is entitled to restrict access to the online shop and the Seller's website for the time necessary to carry out maintenance, repair or modification of the system.


10.5 The Buyer consents to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.

11. Special provisions for individual online shops

11.1 The provisions of this Section 11. set out below constitute special terms and conditions for the following online shops operated by the Seller. In the event of conflict, these special provisions shall prevail over the other provisions of these Terms and Conditions.


Internet shop www.diplomka24.cz


11.2 As the production of hardbacks for theses and similar theses is carried out within express deadlines, the Seller is entitled to cancel a confirmed order (i.e. to withdraw from the concluded purchase contract) in the following cases: a) the Buyer has incorrectly or insufficiently filled in the necessary data on the order; or b) the performance of the contract is not objectively feasible within the agreed period (in particular in the event of a machine breakdown, shortage of materials for production, etc.). In such a case, the Seller is obliged to immediately notify the Buyer at his email address of the cancellation of the purchase contract (referred to as "order cancellation"). The Seller will also, where possible, contact the Buyer by telephone or email to agree on further action. In the event that the Buyer has already paid part or all of the Purchase Price, this amount will be refunded to the Buyer by transfer to his bank account, in person at the cash desk of the relevant shop or by postal order sent to his address as soon as possible, but no later than within ten (10) working days.

11.3 With regard to Article 6.6 above, the following are examples of justified and unjustified claims for goods - hardcover theses and other works: 11.3.1. Unjustified claims: a) the size of the letters is different from the order, confusion of upper and lower case letters (this decision is entirely up to the bookbinder), b) the placement on the plates does not correspond to the pattern (the placement is determined by technological conditions - entirely up to the bookbinder's decision), c) a mistake in the text if it was specified by the buyer in the order in the wrong wording, d) insufficiently aligned pages if unsuitable paper was used to print the actual thesis or other work (paper mix, twisted paper, etc. e) mixed pages, switched pages - pages are pressed into the plates in the order in which they were handed over by the buyer, f) crooked gilt lines (tolerance +/- 2 mm per line - tolerance is determined by the manual nature of production), g) mechanically damaged plates due to falling, spilling or other improper handling caused by the buyer.

11.3.2. right claims: a) insufficient pressing of the spine of the hardcover (loosening of the pages), b) incorrect colour of the printing (gold, silver) or of the plates, c) swapping of the gilt lines, d) incorrectly stated text compared to the buyer's order.

Online shop www.darecky24.cz


11.4 Since the production of gift items is carried out in express terms, the Seller is entitled to cancel the confirmed order (i.e. withdraw from the concluded purchase contract) in the following cases: a) the Buyer has incorrectly or insufficiently filled in the necessary data on the order; or b) the performance of the contract is not objectively feasible within the agreed period (especially in the case of machine failure, lack of material for production, etc.). In such a case, the Seller is obliged to immediately notify the Buyer at his email address of the cancellation of the purchase contract (referred to as "order cancellation"). The Seller will also, where possible, contact the Buyer by telephone or email to agree on further action. In the event that the Buyer has already paid part or all of the Purchase Price, this amount will be refunded to the Buyer by bank transfer to the Buyer's bank account, in person at the cashier's office or by postal order sent to the Buyer's address as soon as possible, but no later than ten (10) working days.


Online shop www.publikace24.cz

11.5 In the event that the subject of performance under the purchase contract concluded between the Seller and the Buyer also includes publishing services (in particular the allocation of the so-called ISBN, possibly other services), the parties shall also conclude a publishing license agreement, which shall regulate the rights and obligations of the parties regarding copyright and the performance of obligations under Act No. 37/1995 Coll., on non-periodical publications, as amended.


11.6 The Seller shall always be entitled to require an advance payment of the purchase price from the Buyer.


11.7 The provisions of Articles 11.5 and 11.6 shall also apply to contracts between the Seller and the Buyer concluded in a manner other than through the online shop (i.e. concluded on the basis of email communication or signing a paper order - order sheet, etc.), the subject of which is the publication and printing of publications.


Internet shop www.eshoptisku.cz

11.8 The subject of performance under the concluded purchase agreement includes only printing (specified in more detail in the online order) based on the Buyer's print data that are flawless, complete and sufficient for the realization of the subject of performance. In particular, the subject of performance does not include the preparation of a graphic design, unless otherwise expressly agreed in a particular case. If the Buyer's print data provided to the Seller are not perfect, complete and sufficient and the Buyer fails to complete the print data at the Seller's request, the Seller and the Buyer are entitled to withdraw from the Purchase Agreement (unless the parties agree otherwise).


Internet shop eshop.powerprint.cz


11.9. The subject of performance under the concluded purchase agreement includes only printing of calendars, photo books or other products offered by the Seller, whereby the Buyer is obliged to deliver photographs in the specified format and quality within the online order and incorporate them into the template on the web interface of the online store. Before submitting the online order, the Buyer shall have a preview of the layout and quality of the product in question. The Seller shall not be liable for the incomplete quality of the Buyer's photographs or for the composition of the subject product.

Online shop www.tiskelnik.cz


11.10. The subject of performance is the provision of a service for the buyer, namely the provision of advertising through advertising space on student materials (textbooks, scripts, etc.). The Buyer is obliged to supply the content, form and exact scope of the advertising service.


11.11. The Seller shall not be liable for the insufficient quality of the Buyer's advertising performance or for the composition of the student material in question.


11.12. The specific rights and obligations of the Buyer as an advertiser will be agreed in the advertising contract.


11.13. The following are the terms and conditions under which the Seller will provide the Student Material and other services to the Buyer as a student:


I. Introduction


1. The Student is required to register for the Printing Services and the Job Portal tiskelnik.cz located on the website www.tiskelnik.cz. The service is intended exclusively for students of colleges/universities/colleges of higher education. The Printer and Job Portal services are used by registered students to order printing of study materials and to search, respond and obtain job offers (the "Service").


2. By ordering any specific printing of study material or interest in a specific job offer or providing a CV for the purpose of searching for job opportunities, a contract for the provision of the Service is always concluded between powerprint, s.r.o. (further specification in Article II, paragraph 5(a)) and the registered student (hereinafter referred to as the "Contract").

II. Information and description of the service


1. the seller is the operator of the web interface and the service provider;


2. the registered person and the customer of the services may exclusively be: a natural person over 18 years of age who is a student of a college/university/college (hereinafter referred to as "student");


3. the printing service provided shall mean: printing of study materials for students based on their order and the content supplied by them for printing through the website www.tiskelnik.cz; the printing shall be done only in 1 copy and the printed study material shall be provided with third party advertising to the extent at the discretion of the Seller. The advertising may be in any format, in particular in the form of printed advertising in individual student study materials, but also, for example, as an embedded flyer, leaflet, coupon, etc. (hereinafter referred to as the "provision of the printing service");

4. job search and sourcing service provided means: the job search and sourcing service is provided for students to respond to individual job postings or to ask the Vendor to assist them in finding a job posting and, if appropriate, to contact them when suitable job postings become available (the "Job Posting Service Provision");


5. the price of the printing service, related costs: the price of the printing service depends on the quantity of advertisements contained in the Study Materials, ranging from CZK 10 to CZK 99. The Student may also take advantage of premium printing, the specific amount of which is always indicated after uploading a given document for printing and selecting the delivery method; the Student may incur costs associated with the provision of the service, in particular costs related to his/her internet connection and costs related to any consent, permission or license to use the study material the Student orders to be printed;


6. the cost of the job offer service: the job offer service is provided free of charge;

7. advertising messages: general student data is used by the Seller for the purpose of inserting and displaying advertising messages and job offers relevant to their presumed interests through printed study materials and the web environment;


8. duration of the contractual relationship, withdrawal from the contract: registration is for the maximum duration of the student's studies; registration may be cancelled at any time by both the seller and the student; the student has the right to withdraw from an existing service contract at any time without giving any reason; the student does not bear any costs in connection with withdrawal from the contract;


9. information on rights arising from defective performance: in the event of substantial or serious defects in the printed material making it impossible to use, the student has the right to have the study material reprinted; the seller is not liable for the content of the printed study material delivered to him by the student for printing;


10. non-obligation: the Seller is not obliged to ensure the continuous availability of the service through the website www.tiskelnik.cz and is not obliged to continuously provide the services offered, or the Seller is entitled to discontinue the services or not to provide the services at any time without the right of the students to any compensation;

11. supervision, out-of-court settlement of consumer disputes: supervision of compliance with the obligations arising from Act No. 634/1992 Coll., on consumer protection as amended and in force (hereinafter referred to as the "CPA"), is exercised by the Czech Trade Inspection Authority, to which the student may turn with his/her possible complaint; the jurisdiction to resolve disputes arising from the contract is given to the general courts; the student may initiate out-of-court settlement of a consumer dispute under the CPA by his/her proposal to the Czech Trade Inspection Authority; the terms of out-of-court settlement of a consumer dispute are available on the website of the Czech Trade Inspection Authority www.coi.cz.


III. Registration of the service on the website


1. The condition for using the service is the registration of the student on the website www.tiskelnik.cz.


2. In order to verify the student's status, the registration requires, among other personal data of the student, the student's e-mail address, which is set up by the respective college/university/university of higher education at the beginning of the student's studies and contains the domain (subdomain) of the institution. Proof of study at the corresponding type of school may also be provided by a certificate of study, which the seller is entitled to request in unclear or disputed situations.

3. The student declares that all data provided by him/her in the registration form are correct, true, complete and up-to-date. The student has the possibility to continuously check the data entered by him/her and correct it on the website www.tiskelnik.cz. In order to register properly, the student is obliged to provide in particular the following personal data:




(a) first and last name;


b) place of residence;


c) school e-mail address;


d) contact e-mail address;


e) telephone number;


(f) school designation,


g) the specific faculty,


(h) the field of study; and


  • the year of study.

4. If the student takes advantage of the offer to be contacted by the seller when a suitable job offer comes up and the student's CV can be forwarded to the person or company offering the job, the student uploads his/her CV and provides the seller with the personal information contained therein.


5. Once the registration has been done correctly, the student will receive a username and a personal password.


6. The Seller will set up a user profile for the registered student on the www.tiskelnik.cz website. The user profile is non-transferable.


7. Each student may register only once. If multiple registrations of a student are found on the www.tiskelnik.cz website, the Seller shall have the right to terminate all registrations of the student and refuse to provide any further services to the student; the Seller shall notify the student immediately of this fact.


8. The student is entitled to terminate his/her registration on the www.tiskelnik.cz website at any time. If the Student terminates his/her registration, the Seller shall cancel all access data to the Student's user profile without further delay and shall also delete all personal data communicated to the Seller by the Student. If, however, the registration is terminated after the student has used the services, the Seller is entitled to continue to process the personal data for the period of time provided for by the relevant legislation, including a period of time adequate to protect the Seller's rights, claims for defective performance or any liability for damage caused.

IV. Use of Study Materials, Copyright, Liability


1. Students can order free printing of study materials. Printing of study materials may only be ordered for the exclusive personal use and enjoyment of the student who ordered the printing. Printed study materials may not be passed on or in any way alienated to third parties or other students.


2. The Seller does not check, revise or investigate the origin of the study material ordered by the student for printing. The Seller is therefore not responsible for the printed content and any errors therein, nor does the Seller assume any warranty. The Seller shall also not be liable for any infringement of copyright or other similar rights caused by the printing or subsequent use of the printed content. All responsibility for the contents of the print and any infringement of copyright or other similar rights rests with the student. Thus, in the event that the student's printing or use of the printed text infringes or may infringe copyright or other similar rights, the student must secure any necessary consents, permissions or licenses. In the event that the student commissions the printing of copyrighted content, he/she declares that he/she is granted the rights to reproduce and reproduce the content of the study material sent for printing.

3. Should the Student, by commissioning the printing of the Study Material, infringe copyright or other similar rights and should anyone make any claims or sanctions against the Seller in this connection, the Student shall fully indemnify and compensate the Seller for any such claims or sanctions, including any costs incurred by the Seller in connection therewith. The student assumes responsibility for any damages that may arise from the content of student-submitted print study materials or student-provided file names. In such a case, the student shall be obliged to compensate third parties and the seller for the damage caused, both actual damage and loss of profit, in particular on the part of the seller, including any costs incurred in connection with legal or other proceedings and the recovery of damages. The student shall also be fully liable in such cases for any damage to the reputation of the advertiser or third parties.


4. If the Seller discovers or is notified prior to the printing of the ordered study material for printing, of the unsuitability of the content of the study material or of the possibility of infringement of copyright or other similar rights, the Seller shall be entitled to refuse the order without further delay and not to print the study material. At the same time, the Seller shall be entitled to cancel the registration of the student in such a case and not to provide the student with any further services on the Portal. In this case, the Seller shall also delete all data registered by the Student when registering for the Portal, without prior notice.

5. The Seller assumes no warranty or liability for the content of advertising in printed material and for the performance of advertising orders.


6. The Seller reserves the right, at its sole discretion, to change the scope of printing and the quantity of orders so produced at any time.


V. Execution of Printing Service, Printing Specifications, Transportation


1. The content of the study material to be printed will be downloaded/uploaded in the formats defined by the service and stored by the vendor for the necessary period of time for the implementation of the printing. In the event of different formats or data transfer errors, the vendor does not guarantee the student an error-free print. Seller assumes no warranty for the accuracy and


error-free data uploaded for printing. The content of print documents supplied by the student via the application on the www.tiskelnik.cz website is not subject to control by the vendor. The student should use the latest antivirus protection programs for online data transfer. It is the student's responsibility to provide maximum protection when transferring them to the www.tiskelnik.cz website. The Vendor is entitled to make copies of the data and store them for the necessary period of time for the actual printing. After the printing is completed, the data will be deleted from the www.tiskelnik.cz database and will not be stored or archived by the vendor in any way.

2. All pages of printable study material have a 5 mm wide printer-defined border that cannot be printed. The usual 80 g/m2 paper is used for printing (the seller is entitled to make changes on one side). Each printed study material contains:


  • An envelope consisting of a front and back sheet. The cover is generated by the service specifically for each individual study material. The front sheet is printed on both sides and can be made of other than normal paper, usually offset paper weighing 150-200 g/m2, as required. There is a dedicated advertising space on one half of the front of this sheet. The other half is reserved for the information needed to identify the study material (title, student's name, delivery address, barcode, order ID, etc.). The back of this sheet is reserved for advertising. The back of this sheet is reserved for advertising on both sides.

b) The content itself, supplied by the student, where the individual A4 sheets of printed study material are printed on both sides in colour and on each side there is 6/7 space for the text of the study material uploaded by the student and 1/7 space reserved for advertising (meaning the A4 area without a 5 mm non-printable border), when the text of the study material supplied by the student is proportionally reduced to this area (to a maximum of 85% of the original size). This page split applies to both sides of each sheet of content. The number of pages of each study material is set between 30 and 180 A4 pages, depending on the number of pages of the study material supplied for printing (the Seller is unilaterally entitled to adjust this range at any time).


c) Inserted advertising material (leaflet/coupon) of various formats, which is loosely inserted into the printed study material.


The student chooses the method of transport and determines the place to which the carrier will deliver the printed study materials, whereby the specified place of delivery must be in the Czech Republic. The student shall collect the printed study material from the carrier's branch. The student will receive information on delivery and pick-up from the carrier. In the event that the student does not collect the printed study materials within 3 months of receiving the delivery and collection information from the carrier, the seller is entitled to dispose of the study materials in an appropriate manner.

Online shop www.bookla.cz


11.14. The subject of the performance is the provision of a service for the Buyer, namely printing of the book displayed on the bookla.cz e-shop and distribution to third parties (customers), whereby the detailed rights and obligations of the parties are set out in the license agreement concluded between the Buyer (referred to as "author" in the license agreement) and the Seller (referred to as "publisher" in the license agreement).


12. Delivery


12.1 Unless otherwise agreed, all correspondence relating to the Purchase Agreement must be delivered to the other party in writing by electronic mail, in person or by registered mail via a postal service provider.


12.2 The message is delivered:


(a) in the case of delivery by electronic mail, at the moment of its receipt by the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,16


(b) in the case of personal delivery or delivery by a postal service provider, by the recipient's receipt of the message,


  • in the case of personal delivery or delivery by a postal service provider, also by refusal to accept the item if the addressee refuses to accept the item,

d) in the case of delivery through a postal service operator, by the expiry of the period of ten (10) days from the deposit of the consignment and the giving of a notice to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not become aware of the deposit.


13 Final provisions 13.1 Customer complaints are handled by the manager of the relevant establishment. The contact form is available on the websites of the individual online shops.


13.2 In the event of a dispute between a buyer who is a consumer and the seller, the consumer may also use the possibility of out-of-court dispute resolution. In this case, the consumer may contact the out-of-court dispute resolution body, which is the Czech Trade Inspection Authority (www.coi.cz) and follow the rules set out there. More information on out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection Authority. It is also possible to initiate alternative dispute resolution via the online form at https://webgate.ec.europa.eu/odr/.

13.3. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.


13.4 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.


13.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.


13.6 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.


13.7 The Buyer's order, once confirmed as a concluded purchase contract between the Buyer and the Seller, shall be archived for the purpose of its execution.


13.8 At the moment of conclusion of the Purchase Contract, the Buyer accepts all provisions of the Terms and Conditions as in force on the date of dispatch of the order, including the price of the ordered goods specified in the confirmed order, unless otherwise demonstrably agreed in a particular case.