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. 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.
VI. 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.
VII. 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.
VIII. 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.