Business Terms and Conditions of SAAN bags s. r. o. for SAAN emotion product line
(hereinafter referred to as „Terms and Conditions“)
valid from 1. 6. 2019
1.
Definition of basic terms
„Seller“ means Malecon holding s. r. o., IČ 03816621, with its registered office at Šípková 1398, 332 02 Starý Plzenec, Czech Republic registered in the Commercial Register maintained by the Regional Court in Pilsen under file number C 30842.
„Website“ means the website www.saan.cz.
„Client“ means any natural person or legal entity who concludes a purchase contract with the Seller.
„Product type“ means a product category that is identified by a name on the Website.
„Image“ means a graphics that the Client orders to be graphically processed by the Seller into the Graphic design of the Final product.
„Client’s preferences“ mean the Client’s individual requirements related to the colour and design of the Final product.
„Graphic design“ means a pdf file containing a visualization, which have been prepared based on the selection of Product type, delivered Images, possibly Client’s preferences.
„Final product“ means a product that is created/produced uniquely for a Client by the Seller.
„Questionnaire“ means an interactive form published on the Seller’s Website.
2.
Basic provisions
2.1.
These Terms and Conditions govern the mutual rights and obligations of the Seller and the Client in the process of sale and purchase of the Seller’s Final products based on the purchase contract.
2.2.
The Seller and the Client may agree in the purchase contract provisions that differ from the Terms and Conditions provisions. These divergent provisions take precedence over the provisions in the Terms and Conditions.
3.
Purchase contract
3.1.
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If the Client is interested in the Final product, he/she fills in the Questionnaire on the Seller’s Website, which contains the following groups of information:
–
Client’s personal data, including e-mail address for communication with the Seller (hereinafter referred to as „Client’s e-mail“),
–
Product type selection,
–
Client’s preferences (optional).
And the Client attaches Image to Questionnaire.
3.2.
If all data is not filled in except of the non-mandatory, it is not possible to send the Questionnaire. In case the Client decides not to fill in the data related to their preferences in the Questionnaire, the Seller proposes the colour and design of the Final product at his own discretion.
3.3.
The Client is obliged to fill in all data correctly and truthfully in the Questionnaire. By attaching the Image to the Questionnaire, the Client gives the Seller consent to the publication of the Image and its usage for promotional purposes of the Seller.
3.4.
The Seller usually contacts the Client within two working days in order to confirm or supplement the data from the Questionnaire. If the submitted Image does not meet the necessary parameters, the Client is asked to deliver the Image in the required quality.
3.5.
Upon clarification of any possible discrepancies, the Seller sends an offer for the Final product to the Client’s e-mail, which remains valid for three months. The valid Terms and Conditions are attached to the submitted offer.
3.6.
The Client confirms by confirming the offer that they had the opportunity to familiarize themselves in sufficient advance with the Terms and Conditions and that they agree with them.
3.7.
The purchase contract between the Seller and the Client is concluded in the moment of the confirmation of the offer. This confirmation is sent by the Client to the Seller’s e-mail.
3.8.
The purchase contract comes into force upon crediting down payment on the Seller’s account in amount at least 50 % of the Final product price.
3.9.
The Client agrees to use distance communication means when concluding the purchase contract. The costs incurred to the Client when using distance communication means in connection with the conclusion of the purchase contract (for example the Internet connection cost, the telephone calls cost) are borne by the Client, and these costs do not differ from the base rate.
4.
Graphic design
4.1.
Within five business days after the down payment in amount at least 50 % of the Final product price has been credited on the Seller’s account, the Seller sends Graphic design A and Graphic design B to the Client’s e-mail.
4.2.
The Client can choose one of the submitted Graphic designs and approve it. As the approval, it is considered sending of a consenting e-mail to the Seller, while it must be clear from the e-mail which Graphic design the Client approves. If the Client does not approve any of the submitted Graphic designs, they are obliged to inform the Seller by sending an e-mail:
–
which of the submitted Graphic design is chosen for further work,
–
what are the specific comments he or she wants to incorporate into the Graphic design.
4.3.
The Seller is obliged to send the modified Graphic design, which includes the Client’s reasoned comments, to the Client’s e-mail within three working days after becoming aware of the comments. After submitting the modified Graphic design, the Client has the possibility to approve it by sending a consenting e-mail to the Seller. If the Client does not approve the modified Graphic design, the Client is obliged to inform the Seller about the reasons for non-approval and at the same time Client is obliged to send specific comments which should be incorporated into the modified Graphic design.
4.4.
The Seller is obliged to send the final Graphic design, which will include the Client’s reasoned comments, to the Client’s e-mail within three working days after becoming aware of the comments. This final Graphic design submitted is considered as approved by the Client.
4.5.
The Seller is entitled to publish the Graphic design and use it for promotional purposes.
5.
Production
5.1.
After the approval of the Graphic design, he Client is obliged to pay a down payment up to the price of the Final product.
5.2.
The Seller is obliged to ensure the production of the fabric corresponding to the approved Graphic design at the latest within four weeks from the date of the Graphic design approval, or from the day the entire price of the Final product is credited to the Seller’s account (later from these days will be used). The Seller should confirm the fulfilment of this point by sending a picture of the manufactured fabric to the Client by e-mail.
5.3.
The Seller is obliged to produce and send the Final product to the Client at the latest within two weeks from the day of delivering the e-mail to the Client according to the previous point.
5.4.
The Client is informed about sending the Final product by e-mail.
6.
Price and payment conditions
6.1.
The price of the Final product includes the processing of Graphic designs, the production of the original fabric in accordance with the approved Graphic design, the manual production of the Final product and the luxurious box packaging. Prices of Product types on the Website do not include postage. Unless expressly stated otherwise, the cost of the Final product includes the cost of delivery of the Final product.
6.2.
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The Seller requests from the Client to pay the down payment either by bank transfer to the Seller’s account specified in the offer or by using a gift voucher:
–
in amount at least 50 % of the Final product price prior the work on the Graphic design starts,
–
in amount 100 % of the Final product price prior production of the fabrics for the Final product starts.
6.3.
The tax document (invoice) is issued by the Seller after sending the Final product to the Client and will be sent in electronic form to the Client’s e-mail.
6.4.
The Seller is not a value added tax payer.
7.
Final product delivering
7.1.
The Seller sends the Final product to the Client at the address stated in the Questionnaire. The Seller and the Client may agree on the personal delivery of the Final product in exceptional cases.
7.2.
In addition to the Final product, the packet also includes Instructions for proper usage and care about products and Feedback request.
7.3.
The amount of postage paid by the Client depends on the country of delivery and is stated in the offer.
7.4.
In case that it is necessary to deliver the Final product, for the Client side fault, repeatedly or otherwise than originally agreed, the Client is obliged to pay the costs associated with other or repeated delivery of the Final product.
7.5.
While receiving the packet from the shipper, the Client is obliged to check the integrity of the package, in case of any damage, notify the shipper immediately and place it in the shipper’s acceptance protocol. In case of package breach indicating an unauthorized entry into the shipment, the Client does not have to accept the package from the shipper.
8.
Withdrawal from the purchase contract
8.1.
The Client acknowledges that according to the provisions of 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of the Final product, which has been modified according to the Client’s wishes. This means that the Final product produced for the Client is not subject to the usual 14days return period without giving any reason.
9.
Rights of defective performance
9.1.
The rights and obligations of the Seller and the Client regarding the rights of defective performance are governed by the relevant legally binding legal regulations, especially the provisions of the Civil Code § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174.
9.2.
The Client is obliged to thoroughly inspect the delivered Final product and report any defects found to the Seller’s e-mail address. In case that the Client fails to do so within three days from the delivery of the Final product, the Seller considers that the Final product was delivered without any defects and that all conditions of the purchase contract were flawlessly fulfilled.
9.3.
If a defect occurs within six months from receiving the Final product, the Final product is deemed defective at the time of receiving delivery, unless proven otherwise. The Client is entitled to exercise the right of defective performance that occurs on the Final product within 24 months from receiving delivery.
9.4.
In the case of a complaint, the Client fills in and sends a complaint form on the Seller’s Website and at the same time sends the claimed Final product to the Seller’s registered office address in such a condition which enable the complaint to be justified (in accordance with hygienic principles). It is recommended to the Client in their own interest to pack the claimed Final product in a suitable and sufficiently protective packaging so that it is not damaged during the transport. The Client does not have to attach a tax document to the complaint.
9.5.
The moment when the Seller receives the claimed Final product from the Client is considered to be the time of the claim.
9.6.
The Seller decides about the complaint within three working days from the time of complaint and notifies the Client by sending a complaint protocol to the Client’s e-mail address specified in the complaint form.
9.7.
The complaint, including the removal of the defect, will be settled without undue delay, no later than thirty days from the date of the claim, unless the Seller and the Client agree on different solution.
9.8.
The Seller informs the Client about the settlement of the complaint by sending a Complaint Protocol supplemented by all statutory information to Client’s e-mail address. The Seller sends the repaired/new Final product to the address from which the Final product under the complaint was sent.
9.9.
The Seller is not liable for the wear and tear of the Final product caused by its regular usage after its receipt by the Client and for the defects caused by non compliance of Instructions for proper usage and care about products.
9.10.
There may be slight variations in colour and design between the approved Graphic design and the Final product. These variations are not considered defective performance and they are not taken into consideration in the complaint process.
9.11.
The Client may request a payment of reasonably incurred costs for a justified complaint, without undue delay after their spending.
10.
Policy for processing personal data
10.1.
Personal data protection is governed by a separate document Policy for processing personal data, which can be found
here.
11.
Delivery terms
11.1.
The Seller and the Client may deliver all mutual correspondence through e-mail, namely on the Client’s e-mail, respectively e-mail stated in the claim form, respectively on the address stated on the Seller’s Website.
12.
Concluding provisions
12.1.
All contractual relationships entered into by the Seller as the first party and the Buyer as the second party are governed by the legal code of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legal regulations.
12.2.
The Seller is entitled to sell the goods based on a trade license and the Seller’s activities are not subject to any other authorization. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office.
12.3.
Terms and conditions are an integral part of the purchase contract. The purchase contract may be concluded in Czech or English language.
12.4.
Any disputes between the Seller and the Client may also be settled out of court. In such a case, the Client may contact the subject of out of court dispute resolution, such as the Czech Trade Inspection Authority,
www.coi.cz.
12.5.
These Terms and Conditions come into force on the day of their publication on the Seller’s Website. As of the date of publication of these Terms and Conditions, the previous Terms and Conditions become invalid, but this has no effect on the purchase contracts concluded under the existing Terms and Conditions.
12.6.
All information about the products placed on the Seller’s Website has an informative nature and no legal consequences can be derived from them.
