General terms and conditions of Golden Buds
ID 084 28 875, registered office: Rybna 716/24
110 00 Prague 1
registered in the Commercial Register kept by the Municipal Court in Prague under file no. C 318895
(the “ Company ”)
valid from 19. August. 2019
I. Introductory provisions
- Pursuant to Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “ Civil Code ”), these General Terms and Conditions (hereinafter the “ GTC ”) determine part of the content of contracts for the provision of marketing services that the Company concludes with its customers.
- For the purposes of this GTC, customers are natural persons who are entrepreneurs within the meaning of Section 420 et seq. Of the Civil Code, and legal entities within the meaning of Sections 20 and 21 of the Civil Code (hereinafter referred to as “ Customers ”, or each separately as “ Customer ”).
- All deliveries of the Company’s goods and services to Customers are subject to this GTC on the basis of accepted orders and otherwise concluded order, purchase or other contracts (hereinafter referred to as the “ Contract ”). These terms and conditions form an integral part of the Treaties. Any deviating provisions in the Contract concluded in writing shall take precedence over the GTC.
- The proposal for the conclusion of a contract made by the Customer (hereinafter referred to as the “ Order ”) is considered binding if it is made by telephone, fax, e-mail or in writing. The contract is concluded if the Company accepts the Order, usually in the same way.
- The Customer is entitled to cancel the Contract concluded on the basis of the accepted Order by paying a severance payment equal to 100% of the Company’s contractual remuneration specified in the Order.
III. Services and goods
- The Company provides goods and services to Customers based on valid contracts, which may also include the delivery of goods in specific cases (hereinafter referred to as “Services and Goods ”).
- Services and goods are delivered in the usual quality and according to the specifications agreed between the Company and the Customer.
- The Customer is obliged to provide appropriate cooperation to deliver the Services and Goods. If he fails to provide such assistance, the risk of damage to the goods in question shall pass to him at that time. If the Customer is in delay with the receipt of the relevant goods, the Company is also entitled to charge the Customer a monthly storage fee starting on the first day of the second commenced month of such delay of 2% of the price of the goods in question, excluding VAT.
- The ownership right to the goods, which is part of the Services and goods, passes to the Customer at the moment of payment of 100% of the contractual remuneration according to Article IV. and V. GTC.
- The Company provides the Services and Goods to the Customers for the contractual remuneration (hereinafter referred to as the “ Price ”) agreed between the Company and the Customer.
- Unless agreed otherwise between the Customer and the Company, in addition to payment of the Price, the Company shall always be entitled to reimbursement of all costs associated with the provision of Services and goods, even if the reimbursement of such costs is not expressly provided by the Contract.
- Unless agreed otherwise between the Company and the Customer, the Price is always stated exclusive of VAT. In such a case, VAT is added to the price in accordance with generally binding legal regulations.
V. Withdrawal from the contract
The Buyer acknowledges that pursuant to Section 1837 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “Civil Code”), it is not possible to withdraw from the purchase contract
a) on the provision of services if his prior express consent, before the deadline for withdrawal and businessman before entering into a contract told consumers that in such a case has the right to withdraw from the contract,
b) the supply of goods or services whose price depends on fluctuations of the financial market independently of the will of the entrepreneur and which may occur during the withdrawal period of the contract,
c) the supply of goods which have been adjusted as a desired consumer or to his person,
d) the supply of goods subject to perishable, as well as goods that have been delivered over irretrievably mixed with other goods,
e) the repair or maintenance carried out at the location specified by the consumer at his request; however, this shall not apply in the event of subsequent repairs or delivery of spare parts other than required,
f) the supply of sealed goods that the consumer has removed from the packaging and cannot be returned for hygienic reasons,
g) the supply of audio or video recordings, or a computer program if it violated their original packaging,
h) on the supply of newspapers, periodicals or magazines,
i) on accommodation, transport, meals or leisure if the entrepreneur provides such performance within a specified time,
j) for the supply of digital content unless delivered on a tangible medium and delivered with the consumer's prior express consent before the withdrawal period has expired and the trader has informed the consumer that he has no right of withdrawal of the contract The Client acknowledges that pursuant to Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), it is not possible to withdraw from the purchase contract
Unless the case referred to in the first paragraph of Article V or any other case where the contract cannot be withdrawn, the Buyer shall, in accordance with Section 1829 et seq. of the Civil Code, have the right to withdraw from the contract within fourteen (14) days of receipt of performance by the Buyer or a person designated by the Buyer. In order to comply with the withdrawal period, it is sufficient to send the withdrawal before the expiry of the relevant period. Withdrawal from the Contract may be sent by the Buyer to, inter alia, the Seller's premises or the Seller's email address email@example.com. The Buyer may use the model withdrawal notice form of these GTBs for withdrawal.
In the event of withdrawal from the contract pursuant to the second paragraph of Article V. GTB, the contract is cancelled from the beginning. The goods must be returned to the Seller within 14 days of sending the withdrawal to the Seller. Goods must be returned to the Seller undamaged and unused and, if possible, in the original packaging. The Buyer shall bear the cost of returning the goods if such goods cannot be returned by their normal postal nature. The maximum cost of returning such goods is estimated at 500 EUR.
In the case of withdrawal pursuant to the second paragraph of Article V. GTB, the Seller shall return the performance provided by the Buyer within fourteen (14) days of withdrawal (in the case of a contract for the purchase of goods than from the receipt of the returned goods by the Seller) To the Seller, whichever is the sooner), by wire transfer to an account designated by the Buyer (unless otherwise specified by the Buyer provided that such a return does not incur any additional costs to the Seller), as a result of the delivery method chosen by the Buyer, an international tracking number must be provided. The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer.
The Buyer acknowledges that if the returned goods are damaged, worn, partially consumed or otherwise their value is reduced 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 shall be entitled to claim damages from the Buyer. The Seller is entitled to unilaterally set off the claim for compensation of the incurred damages against the Buyer's claim for refund of the price or its part. In the event of withdrawal from a service contract whose performance has already started but has not yet been provided in full, the Buyer is obliged to pay a proportional part of the price for the already provided performance and in the case of withdrawal, he is only entitled to refund the rest of the price for this service.
The Seller is entitled to withdraw from the contract at any time until the Buyer accepts the goods or services. In such a case, the Seller shall return the price to the Buyer without undue delay, by wire transfer to the account designated by the Buyer.
If a gift is provided to the Buyer together with the goods or service, the gift contract between the Seller and the Buyer shall be concluded with the cancellation condition that if the Buyer withdraws from the contract, the gift contract for such gift ceases and provided gift.
VI. Transport, delivery of goods and provision of services
The method of delivery of goods and provision of services is determined by the Seller unless stipulated otherwise in the contract. If the mode of transport is agreed upon at the Buyer's request, the Buyer bears the risk and any additional costs associated with this mode of transport.
If the Seller is obliged under the contract to deliver the goods to the place specified by the Buyer in the order or to provide the agreed services at such place, the Buyer is obliged to take over the goods or to endorse the provision of such goods on delivery. If the Buyer does not take delivery of the goods upon delivery, the Seller is entitled to charge a storage fee of 5 EUR (in words: five euros) or the Seller is entitled to withdraw from the contract.
In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with other delivery methods.
Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event of a violation of the packaging that indicates unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier. By signing the delivery note, the Buyer confirms that the package of the consignment containing the goods was intact.
Other rights and obligations of the parties in the transport of goods may be governed by special delivery terms of the Seller if issued by the Seller.
The Seller is entitled to commence the provision of the ordered service only after the Seller has paid the price for this service.
VII. Payment of the price
- For payment of the Price, the payment term agreed in the relevant Contract is decisive. Unless agreed otherwise, the Customer is obliged to pay the price by bank transfer or credit card online payment to the bank account of the Company for publication pursuant to Section 96 of Act No. 235/2004 Coll., On Value Added Tax, as amended (hereinafter referred to as “ Bank Account ”). ), prior to the provision of the Service or goods by the date indicated on the invoice issued by the Company.
- Unless the Company and the Customer agree otherwise, the Company’s invoices are issued with a maturity of 14 days.
- The price is paid when the relevant amount is credited to the Company’s Bank Account under the correct variable symbol. If the variable symbol is not stated or is misspelt, the Company is entitled to consider the Payment of the Price not performed.
- If the Customer is in delay with the payment of the Price, costs according to Article IV. 2 of the GTC or their accessories, even partially, the Company is not obliged to make any further deliveries of Services and goods to the Customer. In case of delay in payment of the Price for more than 30 days, the Company is entitled to withdraw from all contracts concluded with the Customer that has not yet expired.
- In the event that the Price is not paid properly and in a timely manner, the Company shall be entitled to claim against the Customer a contractual penalty of 0.05% of the outstanding amount for each day of such delay. The application and payment of this contractual penalty do not relieve the Company of the right to compensation for the damage incurred.
VIII. Complaints and liability for injury
- The Customer is obliged, together with the acceptance of the Services and goods, to take such care to properly detect, within 3 days at the latest, any possible defects and to apply the defects to the Company in writing within the same period. If the Customer fails to apply such defects duly and in time, the Company cannot take into account the later application of these gates. For the purposes of this provision of the GTC, the form of e-mail shall also be deemed to be a written form.
- The provision of paragraph 1 of this Article shall be deemed a waiver of the Customer’s right from defective performance, beyond the scope of the present arrangement.
- Unless otherwise agreed in the Contract, the Company does not provide any warranty of quality to the Customer.
- The Company shall be liable only for the actual damage caused to the Customer in the causal connection with the provision of Services and goods if such damage and its amount were duly claimed and proven by the Customer up to the amount of the Price. The Company shall not be liable to the Customer for any other damage incurred in connection with the provision of Services and goods.
VIIII. Confidentiality and trade secrets
- All information on business relations between the Company and the Customer shall be considered a trade secret unless stipulated otherwise by generally binding legal regulations.
- The Company and the Customer shall ensure the confidentiality of the other Party’s trade secret to which they have access. In the event of a breach of this provision, the Customer shall be liable to the Company for any resulting damage.
X. Final Provisions
- The legal relations between the Company and the Customer are governed by the laws of the Czech Republic, in particular the Civil Code.
- The locally competent court for the settlement of any disputes between the Company and the Customer is the court determined by the General Court of the Company.