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1.1. These General Terms and Conditions of FLASH STYLE s.r.o. (the “GTC”) regulate the rights and obligations of the Parties in terms of sale of goods of the Seller to its business partners and customers through the online store operated by the Seller at the address gogoprint.cz.
1.2. These GTC form an integral part of the Purchase Contract concluded between the Seller and the Buyer via the online store and regulate their mutual rights and obligations under the Purchase Contract.
2. Definitions
Seller – the company FLASH STYLE s.r.o., registered office Prague 5 – Lipence, Průjezdná 625, PSČ 15531, Prague, Company ID No.: 28367073, file No. C 136501, incorporated in the Commercial Register kept by the Municipal Court in Prague.
Online store – the online store at the address www.gogoprint.cz, through which the Seller sells Goods.
Goods – a movable asset offered via the Online Store, including services related to the production of the Goods, marked with the name and parameters and depicted by an illustrative photo.
Buyer – a legal or natural person who buys Goods from the Seller.
Consumer – a non-entrepreneurial natural person or an entrepreneurial person who purchases Goods outside the scope of their business activity or outside the scope of their independent performance of profession.
Purchase Contract – a contract concluded between the Seller and the Buyer, or between the Seller and the Consumer, via the Online Store for the delivery of Goods at the Purchase Price. A Purchase Contract, its formation, validity and consequences of invalidity, and all obligations arising from the Purchase Contract are governed by laws of the Czech Republic, in particular, the provisions of Act No. 89/2012 Coll., the Civil Code, as amended (the “CC”). The Purchase Contract is concluded in the Czech language.
Purchase price – an amount of money expressed in Czech crowns which is a payment for the delivery of Goods. The Purchase Price consists of the price stated in the offer of the Online Store for the respective Goods, excluding VAT and including VAT, at the time of concluding the Purchase Contract. The Purchase Price also contains the cost of dispatching the Goods expressed as a fixed amount. Under the Purchase Contract, the Buyer, or the Consumer, undertake to pay the Purchase Price to the Seller.
Destination – a place designated by the Buyer, or the Consumer, when concluding the Purchase Contract for the delivery of the Goods, which destination is specified as follows: municipality; territorial administrative unit (district, region) if this is necessary to specify the municipality; street name; building number, Postal Code, country. The Seller delivers Goods sold via the Online Store only in the Czech Republic.
Courier – an entrepreneurial third person which has a contractual relationship with the Seller for the transportation of Goods to the Buyer to the Destination in accordance with the Purchase Contract.
3.1. The Seller, as the personal data controller, processes personal data in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”), which became effective on 25 May 2018.
3.2. The Seller processes personal data that is necessary for the performance of contracts with data subjects (the Buyer or the Consumer), i.e., the Seller processes personal data in accordance with the legal reasons set out in Article 6 of GDPR and only to the extent and period necessary. The company registers the purposes of the processing of personal data for individual activities in the records kept pursuant to Article 30 of GDPR.
3.3. In relevant cases, data subject may exercise their rights with the company, i.e., the right to access, rectification, erasure, restrict the processing, raise and objection, data portability, and other rights under GDPR.
4.1. Orders can be placed either by using a customer account or without registration. The Buyer, or the Consumer, is only required to fill in the order form, in particular, indicate the current e-mail address.
4.2. By creating an account on the Online Store gogoprint.cz, the Buyer, or the Consumer, agrees with the content of these GTC and acknowledges that each individual Purchase Contract concluded through the Online Store will be governed by these GTC.
4.3. In the customer account, the Buyer, or the Consumer, can find information about their orders.
5.1. By listing a product in the Online Store, the Seller presents an offer to conclude the Purchase Contract. The Purchase Contract is concluded after accepting the offer, i.e., after clicking on the “Order” button and filling in the order form (uploading graphic files, selecting the payment method, delivery method, and stating the delivery address).
5.2. Based on the concluded Purchase Contract, the Seller undertakes to deliver the Goods to the Buyer, or the Consumer, for the Purchase Price, and the Buyer, or the Consumer, undertakes to pay the Purchase Price to the Seller.
5.3. The ordered Goods will be handed over for production only if (i) the graphic files sent by the Buyer, or the Consumer, correspond to the technical parameters (these are listed on the relevant page for each type of Goods) or after creating the graphics online using the online graphic editor on the website of the Online Store; (ii) and the Purchase Price for the Goods has been paid by the Buyer, or the Consumer, to the Seller’s bank account.
5.4. Upon confirming the correctness of the graphic files and crediting of the amount to the Seller’s bank account, the offer to conclude the Purchase Contract becomes binding for the Buyer, or the Consumer. Subsequently, the Buyer, or the Consumer, will be sent an automatically generated confirmation e-mail to the e-mail address provided during registration or when making a purchase without registration.
5.5. Since the properties of the ordered Goods are precisely given, individually determined, and adjusted according to the needs of the Buyer, or the Consumer, i.e., they are custom-made within the meaning of Section 1837(d) of the CC, the Buyer, or the Consumer, are not entitled to withdrawal from the Purchase Contract after the Goods have been sent to production (conditions for withdrawal are set out in Article 11 of the GTC).
6.1. The prices of the Goods are given in Czech crowns and include all costs associated with the execution of the order. The stated prices include all possible discounts and correspond to the production costs of the Seller according to the specifications entered in the order. The stated prices do not include additional costs of non-standard services, such as additional fees for specifying a precise delivery time, dispatching to multiple addresses, etc.
6.2. The Buyer, or the Consumer, undertakes to pay the Seller the agreed Purchase Price in one of the following ways (i) by wire transfer or (ii) via the integrated payment system available on the Online Store.
6.3. The Buyer, or the Consumer, agrees that invoices and credit notes will be sent only in electronic form. The Buyer, or the Consumer, who has a customer account on the Online Store, can also receive invoices in electronic form on their customer account under the “Order History” tab.
6.4. The Seller is not liable for any delays resulting from delayed sending of data through the integrated payment system. Also, the Seller is not liable for errors of the integrated payment system when the Purchase Contract could not be concluded due to such errors.
7.1. Graphic files must correspond to the technical parameters which are always specified on the relevant page for the given type of Goods.
7.2. The Seller is not liable for any infringement of copyright relating to the content of documents sent by the Buyer, or the Consumer, to the Seller, however, the Seller has the right to reject an order if its execution could violate legal regulations or social norms.
7.3. The Seller is not liable for factual or spelling errors contained in the graphic project.
7.4. Graphic files, and the Goods produced based on them, may not (i) violate legal regulation as regards their content, in particular, they may not be of a racist, xenophobic, sexist, or unconstitutional character; celebrate violence or oppose good morals or otherwise pursue such objectives; (ii) violate the rights of third persons, in particular copyrights; or (iii) cause such violations if the order is executed.
7.5. In the event that the execution of an order violates the rights of third persons, the Buyer, or the Consumer, undertakes to make every effort to hold the Seller harmless against any claim resulting from such violation, if asserted against the Seller, including reimbursement of the cost of proceedings in a documented amount. This provision is without prejudice to the right of the Seller to withdraw from the Purchase Contract according to section 11.3 herein.
7.6. In order to minimize possible errors that may occur during the processing of graphic files, the Seller makes available free of charge website tools and applications that allow you to verify the correctness of the prepared files. In case of discrepancy between the data sent by the Buyer, or the Consumer, and the instructions on the Online Store website, the Buyer, or the Consumer will be notified thereof at once, which equals conditional or negative verification of the graphic files.
7.7. The Seller is not liable for any delays in the execution of the order caused by the failure to deliver the correct graphic files by the Buyer, or the Consumer.
7.8. All data sent to the Seller is archived for an indefinite period, except for the graphic files of the Buyer, or the Consumer, that are removed after three (3) months from their last use for the order.
8.1. The Seller undertakes to deliver the Goods to the Buyer, or the Consumer, in accordance with the Purchase Contract. The Seller will ensure the dispatch of the Goods in accordance with the Purchase Contract through a Courier.
8.2. The Buyer, or the Consumer, must accept the Goods, unless the GTC set forth otherwise.
8.3. The Buyer, or the Consumer, must indicate the Destination in the order form. The Buyer, or the Consumer, may change the Destination address after conclusion of the Purchase Contract only after agreement with the Seller. All cost related to the transportation of the Goods to the Destination will be borne by the Buyer, or the Consumer, in the form a fixed amount, which is included in the Purchase Price, according to the price list published on the Online Store website.
8.4. By accepting the Goods upon receipt, the Buyer, or the Consumer, confirms acceptance of the consignment as correct, undamaged, without apparent defects. In the event of an obvious external damage to the packing of the consignment, and the possible damage to the contents of the consignment, caused during transportation, the Buyer, or the Consumer, must claim the consignment at the moment of acceptance from the carrier and draw up a damage report, or possibly refuse to accept the damaged consignment. All objections must be contained in the carrier’s transport document, and the Seller must notified by e-mail without undue delay. Failure to fulfil this obligation will cause that the Goods will be considered to have been delivered in accordance with the delivery conditions agreed by the Parties in the Purchase Contract.
8.5. In the event that the discrepancy of the consignment with the order consists in a smaller quantity of the Goods compared to the order, the Buyer, or the Consumer, may refuse to accept the consignment. In that case, the Seller must deliver to the Buyer, or the Consumer, the missing Goods without undue delay after the Buyer, or the Consumer, notifies the Seller of the wrong quantity of the Goods. If this is not possible or if the Buyer, or the Consumer, is not interested in the delivery of the missing Goods, the Buyer, or the Consumer, and the Seller may withdraw from the Purchase Contract for the missing portion of the Goods.
8.6. In the event that the Buyer, or the Consumer, refuse to accept the consignment containing Goods, however, none of the above reasons occurred, the Seller may send the Goods to the Buyer, or the Consumer, again, requesting that the Buyer, or the Consumer, reimburse the Seller for all costs incurred in connection with the repeated delivery. The Buyer, or the Consumer, must then pay the Seller such costs upon receipt of the Goods.
9.1. The delivery time is determined for each Goods separately as listed on the website of the Online Store. The Buyer, or the Consumer, must familiarize themselves with the delivery times. The Seller undertakes to make every effort to ensure that the order is prepared and dispatched within the specified period. However, some orders may be delayed if there is an obstacle not caused by the Seller, e.g., force majeure, interruption of electricity supply or internet connection, failure of the Seller’s machinery, etc. In the event of a delayed order not caused by the Seller, the Seller is not liable to the Buyer, or the Consumer, for any damage incurred in connection with the delayed order.
9.2. The delivery time of Goods includes the time from the conclusion of the Purchase Contract until the dispatch of the Goods to the Buyer, or the Consumer, i.e., handover of the Goods to a Courier for delivery to the Destination. Goods are sent only on working days, and the Courier transportation usually takes one or two days.
10.1. The risk of damage to the Goods will pass from the Seller onto the Buyer, or the Consumer, upon accepting the Goods. The risk of damage to the Goods will pass onto the Buyer, or the Consumer, even when the Buyer, or the Consumer, fail to accept the Goods in violation of the Purchase Contract or when the Buyer, or the Consumer, refuse to accept the Goods or otherwise mar the delivery of the Goods.
10.2. The ownership to the Goods will pass from the Seller onto the Buyer, or the Consumer, upon accepting the Goods.
11.1. The Seller and the Buyer, or the Consumer, may withdraw from the Purchase Contract in cases stipulated by law or in the Purchase Contract, except in the case of custom-made Goods – see section 5.5 of the GTC.
11.2. The Seller may withdraw from the Purchase Contract if it becomes clear after the conclusion of the Purchase Contract that delivery of the Goods is not possible since the Goods cannot be produced or if the delivery of the Goods is possible but at a higher price, higher costs, or due to other complications or if the Goods cannot be delivered within the period specified in the Purchase Contract.
11.3. The Seller may withdraw from the Purchase Contract if (i) the Buyer, or the Consumer, did not provide the graphic files in due time despite having been notified thereof to their e-mail address; (ii) the Buyer, or the Consumer, did not pay the Purchase Price in due time despite having been notified thereof to their e-mail address; (iii) there is a reasonable suspicion that the graphic files contain prohibited data pursuant to section 7.5 of the GTC.
11.4. If the Seller or the Buyer, or the Consumer, withdraw from the Purchase Contract, the Buyer, or the Consumer have the right to the refund of the Purchase Price paid, however, only after setting off any amounts due to the Seller by the Buyer, or the Consumer. The refund of the Purchase Price, or part thereof, will be made by wire transfer to the bank account of the Buyer, or the Consumer, indicated in the Purchase Contract. If the bank account number is not indicated in the Purchase Contract or the Buyer, or the Consumer, does not communicate it additionally, the refund will be sent by a postal order sent to the address of the Buyer, or the Consumer.
11.5. After withdrawal from the Purchase Contract, the Buyer, or the Consumer, will return the Goods to the Seller, if accepted. The Seller must refund the Purchase Price within 14 (fourteen) days from the effective date of the withdrawal, but not before the Goods are returned to the Seller by the Buyer, or the Consumer.
12.1. The rights and obligations of the Seller and of the Buyer, or the Consumer, regarding the Seller’s liability for defects in the Goods is governed by the relevant provisions of the CC.
12.2. The Buyer, or the Consumer, must inspect the Goods upon receipt.
12.3. In cases where the Consumer is a party to the Purchase Contract, the Seller guarantees that the Goods conform to the Purchase Contract, i.e., in particular that (i) they are free of defects at the time of acceptance by the Consumer; (ii) they have the characteristics as agreed by the Parties and, in the absence of such an agreement, they have the characteristics as described by the Seller or as expected by the Consumer with regard to the nature of the Goods and advertising of the Goods, and (iii) they are produced in the quantity according to the Purchase Contract.
12.4. If the Goods do not have the above characteristics, the Consumer may request delivery of new Goods free of defects, unless this is disproportionate given the nature of the defects; if the defects concern only a part of an item, the Consumer may only request replacement of that part; if this is not possible, the Consumer may withdraw from the Purchase Contract. However, if this is disproportionate given the nature of the defects, especially if the defects can be removed without undue delay, the Consumer has the right to removal of the defects free of charge. The Consumer has the right to receive a new item or replacement of its part also in the case of a removable defect if the Consumer cannot use the Goods properly due to recurrence of the defects even after repair or due to a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Contract.
12.5. If the Consumer neither withdraws from the Purchase Contract nor exercises the right to receive new Goods free of defects, replacement of their part, or repair of the Goods, they may request a reasonable discount. The Consumer may request a reasonable discount also if the Seller in unable to deliver new Goods free of defects, replace their part, or repair the Goods, including when the Seller fails to provide a remedy within a reasonable time or when provision of a remedy would cause considerable difficulties to the Consumer.
12.6. The Consumer does not have the right from defective performance of the Goods if the Consumer knew about the defect prior to accepting the Goods and/or if the defect was caused by the Consumer.
12.7. The Consumer may exercise the right from a defect that occurs in the Goods within the period of 24 (twenty-four) months from acceptance. If a defect is discovered within six (6) months after acceptance, the Goods are deemed to have been defective already at the time of acceptance.
12.8. Other rights and obligations of the Parties related to the Seller’s liability for defects are regulated by Article 13 of these GTC.
13.1. As a condition for accepting a complaint, you must submit your complaint using the form available at the following link https://gogowork.cz/reklamace. Each complaint must contain the order number, a description of the detected defects, and the requested method of resolution.
13.2. The deadline for filing a complaint ends on the 14th (fourteen) working day from the day when the Buyer receives the consignment; for the Consumer, the deadlines are as specified in Section 12.3 to 12.8 of these GTC.
13.3. The Seller undertakes to process complaints within three (3) working days from the date of submission. Within the period, the Seller must provide an answer to the complaint, which answer will be the basis for further steps. To complete the complaint procedure, it is sufficient if the Buyer, or the Consumer, is asked to send part or all of the Goods from the completed order.
13.4. Complaints are accepted on working days until 18:00. Complaints that are reported after this time will not be accepted until the next business day.
13.5. Due to the technological differences between the printing technology and the displaying of colours on most monitors (which use the CMYK colour model), it is not technologically possible to compare the colours of the printed products with their appearance on the monitor. Therefore, a colour mismatch between the appearance on the monitor and actual appearance of the product cannot be a reason to file a complaint.
13.6. The Seller will make every effort to reproduce the colours contained in the graphic files supplied by the Buyer, or the Consumer, or the graphic files created using the online graphic editor on the website of the Online Store. Since a large number of printing machines are used in the production process, among which there are differences in the display of certain colours, there might be slight differences in the colour when producing the same project on different machinery. This situation can occur when reprinting. Such differences cannot be a reason for filing a complaint for products supplied by the Seller.
13.7. An incorrect composition of a product is considered such that causes the paper to wrinkle, crease, etc., impairing the legibility of text or illustrations. For weights above 150 g, there might be paper cracks at the point of fold, which are especially visible in areas with a thick layer of ink. In order to reduce this undesirable effect, the Seller does not use the creasing method before the folding process. Depending on the materials and graphics used, creasing does not guarantee full protection against cracking. This process is caused by the strength of the material, and this defect is not considered a fault on the part of the Seller.
13.8. An unsuitable layer of offset, dispersion, or UV paint is considered such that has places which have not been painted on the surface, that is peeling off, etc.
13.9. Considering the parameters of the production machinery and of the printing process itself, these deviations are permitted:
a) cutting a sheet into individual parts – tolerance up to 2 mm;
b) folding and creasing (deviation of the break line from the nominal line of its location) – tolerance up to 1 mm;
c) perforation (deviation of the performed perforation from the nominal place of its location) – tolerance up to 1 mm;
d) print registration of gradually applied inks – tolerance up to 0.2 mm;
e) quantity differences between the ordered and delivered amount – not more than +/- 5 % of the ordered quantity;
f) use of selective UV paint – deviation of the print registration of the image and of the paint layer up to 1 mm.
13.10. A properly and flawlessly executed order is considered such where the Goods do not deviate from the standards of the printing process by more than 1 % of the quantity of the delivered products. The Buyer, or the Consumer, hereby accepts the above and acknowledges that the Seller will reject any complaints filed for the above reasons.
13.11. Complaints related to the quality of courier services will be examined on the basis of the damage report prepared together with the courier when receiving the Goods. Failure to produce such a report will lead to rejection of the complaint by the Seller.
13.12. The maximum amount of damages for a defect in the Goods may not exceed 100 % of the value of the ordered type of Goods, not 100 % of the Purchase Price.
13.13. The materials used in the paper sample book are for illustration only and may differ from the materials used in the production of orders placed via the Online Store. The differences are the result of the use of materials from different manufacturers and remain within the weight tolerance limits for paper generally accepted in the printing industry.
13.14. The Seller is liable only for its own actions and omissions. The Seller is not liable for the consequences of actions or omissions of third persons, especially for delays in transfers of money between financial institutes or on the part of carriers that deliver Goods to the Buyer, or the Consumer.
14.1. If any of the provisions of the GTC are or become invalid or unenforceable, that provision will be replaced by a provision which best meets the original meaning of the invalid or unenforceable provision. Invalidity or unenforceability of any provision will not affect the validity of the remaining provisions. All amendments and supplements to the Purchase Contract or these GTC must be in writing only.
14.2. Special arrangements contained in the Purchase Contract with the Buyer, or the Consumer, take precedence over the conflicting provisions contained in these GTC.
14.3. Contact details: FLASH STYLE s.r.o.: delivery address Prague 8, Kollárova 10A, Postal Code 186 00, e-mail address: info@gogoprint.cz.
14.4. These GTC come into force on the date of publication and are applicable for all orders placed on that date and after that date. FLASH STYLE s.r.o. reserves the right to amend these GTC. All previous versions of the GTC are cancelled as of the date of publication of this version of the GTC.
14.5. These GTC become binding on FLASH STYLE s.r.o. upon conclusion of the Purchase Contract.