(Hereinafter referred to as the "GTC" or the "Terms and Conditions")
with its registered seat at the address Oblouková 391, 403 40 Ústí nad Labem, Czech
Republic,
Company ID No.: 25409727
Concluded in accordance with Act No. 89/2012 Sb., the Civil Code, as amended
1. Definitions
2. Introductory Provisions
3. Sales Contract
4. Rules and Conditions of E-Shop Service
5. Modification of Textiles
6. Delivery of Goods
7. Data Processing of the Seller
8. Liability for Defects and Damages (Complaints, Breach of the Sales Contract, etc.)
9. Payment Terms
10. Final Provisions
1. Definitions
1.1.
Bank transfer is the payment of the purchase price to the account indicated on the invoice issued by the Seller.
1.2.
Internet shop, also e-shop, is an application operated by the Seller on the Internet domain www.malfini.com, in which the Seller uses for the offering and sales of his products to an unspecified range of persons.
1.3.
Purchase price is the price of Goods specified in the Sales Contract.
1.4.
Sales Contract is the Buyer´s Order as confirmed by the Seller. The Seller confirms the Order in accordance with Article 3.1. of the GTC.
1.5.
Buyer is an entrepreneur who buys the Goods from the Seller within the scope of business activity regarding these products and services. The relationship between Seller and Buyer is governed by the GTC to the extent in which it is involved, and with accordance to Act No. 89/2012 Sb., the Civil Code, as amended.
1.6.
Order is an offer substituting the partial purchase contract which (i) the Buyer sends to the Seller through his Internet shop ( ii ) the Buyer sends to the Seller by email or fax, which specifies the Goods subjected to the Sales Contract and the terms of purchasing the Goods .
1.7.
Framework Sales Contract is the Sales Contract between the Buyer and Seller through the e-shop service, e-mail, and fax or concluded in person, which regulates mutual rights and obligations between the Seller and the Buyer, particularly in the area of periodic partial Orders, thus setting fixed delivery and payment terms and conditions.
1.8.
Sales Contract is a contract concluded between the Seller and the Buyer through e - mail, fax or by post, or concluded in person that regulates mutual rights and obligations of both parties in case of one-off supplies . Such a Sales Contract may be replaced with the confirmed Order issued in writing.
1.9.
E-shop Terms is a summary of conditions that regulate the sale of Goods via the e -shop, posted in the current version at www.malfini.com.
1.10
Seller, also MALFINI, a. s., is a trading company with the registered office in Ústí nad Labem, 403 40, Oblouková 391, Czech Republic, registered in the Commercial Register kept by the Regional Court in Ústí nad Labem, Section B, Insert 2035, Company Registration Number: 254 09 727, Tax Identification Number: CZ25409727.
1.11.
Warranty Claim is the assertion of the Buyer´s right upon the Seller resulting from liability for defects (in quality and / or quantity) of the Goods delivered to the Buyer pursuant to a concluded Sales Contract in accordance with the Warranty Claim Guidelines.
1.12.
Warranty Claim Guidelines is a set of conditions that regulate the procedure for handling Buyers´ warranty claims relating to purchased Goods. Warranty Claim Guidelines form Appendix No.1 hereof.
1.13.
E-shop Service is a set of functionalities available for the use of the Seller´s Internet shop.
1.14.
Contractual Parties or Parties is a collective name for the Buyer and the Seller.
1.15.
Data is information about the Buyer, which the Buyer states and provides to the Seller upon his registration with the e-shop.
1.16.
Defect is an inconsistency in quality and/or quantity of the Goods delivered to the Buyer on the basis of the concluded Sales Contract or an issued Order confirmed by the Seller in comparison with the specification of the Goods stated in the Sales Contract. Defects are further distinguished as patent and latent.
1.17.
Warranty Claim Settling is the Seller’s consideration of record of the warranty claim and the Goods to which such claim relates and the delivery of reply to the Buyer in which the Seller states whether he accepts the claim or not. If the Seller refuses the claim, he shall notify the Buyer of reason(s) of refusal. If the Seller acknowledges the claim, he shall propose how to handle the claim in accordance with the Warranty Claim Guidelines.
1.18.
Record of Warranty Claim is a document that the Buyer provides the Seller with, thus informing him about an incosistency in quality and / or quantity of the Goods delivered on the basis of a concluded Sales Contract in comparison with the Goods that are subject to the Sales Contract in which they are specified, in the manner and form according to the Warranty Claim Guidelines.
1.19.
The goods are products and/or services which the Seller offers through its e-shop for sale to an unspecified range of buyers. Goods also mean products modified at the Buyer’s request, especially in the form of printing, embroidery or other modifications that the Buyer orders for these goods from the Seller. More detailed terms and conditions are regulated by Article 5 of the GTC (Modification of Textiles).
2. Introductory Provisions
2.1.
These business terms and conditions define and specify mutual rights and obligations of the Seller and Buyer when purchasing and selling the Goods by means of remote communication - e-shop, e-mails or faxes. Relations not governed by the GTC shall be governed by the provisions of Act No. 89/2012 Sb., the Civil Code, as amended.
2.2.
Provisions contained in the Written Sales Contract take precedence over the GTC when interpreting conflicting provisions contained within the Written Sales Contract and the GTC.
2.3.
E-shop allows purchasing of Goods to all Buyers according to the current offer of the Goods listed on the e-shop website.
3. Sales Contract
3.1.
Sales Contract is concluded upon (i) receipt of the Order confirmation to the Buyer, or by telephone verification and confirmation of the Order in accordance with Clause 4.4. and 4.5. of the GTC.; or (ii) receipt of the Order confirmation dispatched to the Buyer's email address or fax number, or (iii) confirmation of the Buyer´s Order by the Seller during telephone communication (if a particular Buyer is allowed to make phone Orders by the Seller). It is at this time that mutual rights and obligations arising from the Sales Contract are created between the Buyer and Seller. Until the conclusion of the Sales Contract, the Buyer is bound by the Terms & Conditions.
3.2.
The Buyer has been sufficiently informed of the binding nature of the GTC and the Complaints Procedure contained therein before sending an Order, and by concluding a Purchase Agreement the Buyer confirms that he/she has read and agrees to these GTC. These GTC form an integral part of every concluded Purchase Agreement.
3.3.
The Sales Contract and the GTC as its part are concluded according to Czech law unless it is in conflict with the Buyer´s state law and in the Buyer´s language or in the agreed language version. Written Sales Contract is archived by the Seller for the purpose of its successful fulfillment and is not accessible to third parties. Information on individual steps leading to the conclusion of the Sales Contract is apparent from the ordering procedure in the e-shop. Before submitting the Order, the Buyer has the option to inspect and alter the Contract. These Terms and Conditions are published on the e-shop website, thus allowing their archiving and reproduction by the Buyer.
4. Rules and Conditions of E-Shop Service
4.1.
The E-shop Service is operated in accordance with the relevant E-shop Terms, as amended, published at www.malfini.com and generally binding legal regulations of the Czech Republic.
4.2.
The Buyer places the Order on the E-shop website via the Internet.
4.3.
If a potential Buyer does not meet the E-shop Terms and Conditions for ordering the Goods via the e-shop, the Order is automatically terminated, the Seller does not reflect upon it and is not obliged to inform the potential Buyer supplying the Order.
4.4.
After the E-shop receives the Order, the Buyer receives an automatically generated confirmation of the Order by means of electronic communication. The acceptance of the Order and, therefore, the conclusion of the Sales Contract between the Seller and the Buyer shall arise upon receipt of confirmation to the Buyer. The Order shall be deemed as a Sales Contract Proposal until the Buyer receives the Order confirmation.
4.5.
In case of failure to deliver the Order confirmation to the Buyer, in accordance with Clause 4.4. of the GTC, the Seller confirms the Buyer´s Order by fax or SMS message according to the contact details as provided by the Buyer.
4.6.
Failing to confirm the Buyer's Order in accordance with the aforemtioned Clauses 4.4 and 4.5, can result in cancellation of the Order by the Seller without any compensation. The Seller is not obliged to inform the Buyer supplying the order about the cancellation of the Order.
5. Modification of Textiles
5.1
Modification is a term that we use for adding printings, embroidery or other requested alterations to textile products.
5.2
Proof means the graphic design of a Modification, including the size, colour and technological method of the Modification. Without the approval of a Proof and compliance with the conditions defined by the Buyer, it will not be possible to make a Modification by the agreed time, and the delivery deadline will be extended accordingly once the Buyer approves a Proof.
5.3
The Buyer declares that he/she owns any copyrights and trademarks to brand names, logos, texts, etc., which he/she wishes to use, otherwise the order cannot be accepted. The Buyer takes full responsibility for the abuse of brand names, logos, texts, etc., to which he/she owns no such copyrights or trademarks.
5.4
When making a Modification to a textile product, we have to take into account a deviation in location in the range of +/- 1.5 cm in the X and Y axes with regard to the properties of the material.
5.5
For technological reasons, a decrease in the quantity of textile products can be permitted when making a Modification. If the decrease does not exceed 2% of the total number of textile products to be modified, the Buyer shall not be entitled to the supply of the missing pieces. In such a case, the Buyer shall not pay the agreed amount for the number of modified products that he/she does not receive.
If the decrease exceeds 2% of the total number of textile products to be modified, the Seller shall provide a supply of replacement goods or agree upon compensation with the Buyer.
5.6
The warranty shall not cover damage caused by excessive or unsuitable use (e.g. mechanical wear caused by improper handling), or failure to take proper care of the goods (e.g. damaging a print by ironing it). The Buyer acknowledges that the goods must be washed inside out at the recommended temperature and without using harmful detergent additives.
5.7
If the Buyer places repeated orders, differences in the colours or changes in the goods may occur due to the production technology.
6. Delivery of Goods
6.1.
The Seller shall ensure delivery of the goods to the Buyer via an external carrier to the address that the Buyer specifies in the order, exclusively on weekdays between 8:00 a.m. and 6:00 p.m., unless arranged otherwise.
6.2.
The cost of freight is based on the current price list shown at www.malfini.com.
6.3.
The goods will generally be shipped to the customer on the day that they are removed from storage, which shall be the day of concluding a Purchase Agreement or confirming a partial written order, unless the Buyer receives other information from the Seller. The Seller shall generally ensure the delivery of goods by an external carrier. The transport and delivery times indicated by the carrier are for guidance only. The Seller shall not be liable for any damage that the Buyer incurs due to failure to comply with the indicated times. Under no circumstances shall the Seller be liable for loss of the Buyer’s profits or any indirect or subsequent loss due to failure of the carrier to comply with the indicated delivery time.
The goods can only be delivered to the Buyer at existing addresses. As a result of any changes or additions to the order which are confirmed by the Seller, the period specified in the first sentence shall start again from the beginning.
Shipping can also be postponed if the Buyer has any special requests.
6.4.
The Buyer acknowledges that due to technical and logistical issues, the delivery period specified for individual goods and later in the order is for guidance only. The goods may be delivered to the Buyer later than the time specified in Article 6. 3., either due to an event of force majeure or to circumstances that the Seller does not directly cause and cannot help to avert. The Seller may withdraw from a concluded Purchase Agreement if the goods specified in the Purchase Agreement are not delivered to the Seller, and it is not possible to subsequently produce them. In such a case, it is up to an agreement between the Seller and the Buyer as to whether the Buyer will receive similar goods of an identical quality and parameters, etc. or whether the Purchase Agreement shall expire and the parties shall return their performances, or make mutual settlements from an already performed performance.
6.5.
If the Buyer does not take over the subject matter of the perfomance due to reasons occuring on his part (e.g., despite the agreed term of delivery, a person designated by the Buyer is absent), the Seller will attempt to re-deliver the Goods with the help of an external carrier. After repeated unsuccessful attempts to deliver the Goods to the Buyer, the Seller is entitled to (i) withdraw from the contract; and / or (ii) store or deposit Goods, even at a third party, at the Buyer's expense, in which case the Seller is entitled to demand reimbursement for reasonable cost resulting from disposal or storage of Goods. In the cases referred to in the preceding sentence, as the moment of delivery of Goods is considered the moment of the re-attempted delivery of the Goods.6.6. The Seller has the right to compensation for incurred costs associated with the preparation, delivery attempts, with withdrawal or storage of Goods, as specified in Clause 6.5. of the GTC, in particular logistics compensation fee amounting to 25% of the purchase price, and at least 250, - CZK, not including VAT.6.7. The Buyer shall provide true and accurate information when completing the Order and is liable for the damage caused to the Seller in case of breach in duty. The Buyer shall pay for the purchase price in accordance with the payment terms given in Clause 9.2. hereof. 6.8. Withdrawal from the Sales Contract, or cancellation of the Order, is only possible up until the Seller proceeds to dispatch the Goods.
6.9
The Buyer is entitled to the costs of returning defect-free goods within 14 days from the date of taxable supply. In case of returning defect-free goods, the Buyer shall return any advantage he acquired by purchasing the returned goods, such as various gifts relating to the goods, quantity and transport discounts etc. In this type of return of defect-free goods, the Buyer confirms to the Seller that goods have no defects. Should the Seller find an incosistency between the Buyer´s confirmation and the fact that the returned goods suffered some defects; the Seller has the right to return only a proportion of the purchase price after deduction of the cost of reinstating returned goods in original condition. The Buyer also acknowledges that he will be returned the Purchase Price minus postage and packing fees valid at the time of delivery. Goods purchased in the protective equipment and sales sections are not subject to the right to return goods. The 14-day return period does not apply to a footwear purchases; The Buyer has the right to return purchased goods (footwear) at his own expense within 30 days from the date of taxable transactions.
6.10
The Buyer shall be obliged to properly take over the shipment and particularly to check the integrity of the packaging, then to check the correctness of the contents of the delivered shipment immediately after taking it over. If part of a shipment displays obvious loss or damage, then it is recommended that the Buyer not take over the goods. Otherwise, the Buyer shall be obliged to make an entry in the carrier’s transport document on the spot. The Buyer shall then deliver a copy to the Seller without delay. If damage or loss is not obvious, delivery of the shipment shall be considered clear proof that the Buyer has taken over the goods in the condition described in the delivery note.
6.11
If damage or loss is not obvious, the Buyer must make reservations by no later than 3 working days from the delivery of the shipment.
6.12
If damaged goods are delivered to the Buyer, the Seller shall be liable to the Buyer for actual damage caused to the shipment, but not for any other constituent parts of damage, such as lost profit, penalties for delays, contractual fines, other penalties, third-party claims or obligations of the Buyer to third parties, non-proprietary damage or other subsequent damage. The right to damages cannot be assigned to a third party.
7. Protection of personal data
7.1.
The Seller is the controller of personal data pursuant to art. 4.7 of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 95/46/EC (General Data Protection) (further "GDPR"). The Seller undertakes to process personal data in accordance with the legal regulations of the Czech Republic and EU regulations, in particular GDPR.
7.2.
The Seller will process personal data for the purpose of concluding and fulfilling the rights and obligations of the Purchase Agreement. Processed personal data is provided with the highest standard of protection in accordance with Czech legislation and EU regulations in the field of personal data protection.
7.3.
The Seller undertakes to maintain the confidentiality of the Buyer's personal data and to provide it with adequate protection so that unauthorized or accidental access, alteration, destruction or loss, unauthorized transmission, unauthorized processing, or other misuse of the personal data does not occur.
7.4.
The Seller will process personal data in the form in which it is acquired from the Buyer, in accordance with the purpose for which it is processed, and to the extent necessary for the fulfillment of that purpose, and store the data for the time necessary for the purpose of its processing only.
7.5.
The Buyer has the right to request to access his / her personal data from the Seller pursuant to art. 15 GDPR, the rectification of his / her personal data pursuant to art. 16 GDPR, or restriction of processing pursuant to art. 18 GDPR. The Buyer has the right to the erasure of the personal data pursuant to art. 17. 1 (a), and (c) to (f) of the GDPR. The Buyer further has the right to object to processing pursuant to art. 21 GDPR and the right to data portability according to art. 20 GDPR.
7.6.
The Buyer notes that:
7.6.1.
by purchasing goods from the Seller, the Seller has the right to send the Buyer business information, promotional materials, direct sales, market surveys and direct product offers from the Seller and third parties to the Buyer, and
7.6.2.
the Buyer declares that he / she does not consider such contact as mentioned in Section 7.6.1 as unsolicited advertising within the meaning of Act. No. 40/1995 Coll. as amended, as the Buyer explicitly agrees to receiving the information according to Section 6.6.1 in conjunction with §7 of Act. No. 480/2004 Coll.
7.6.3.
The Buyer has the right to ask the Seller not to send any further information as mentioned in Section 7.6.1. entirely free of charge at cancelgdpr@malfini.com.
7.6.4.The Buyer may not process the Seller's personal data beyond the provisions of Section 7.6.1. without his / her free and informed consent.
8. Liability for Defects and Damages (Complaints, Breach of the Sales Contract, etc.)
8.1.
The Buyer is obliged, without undue delay, to notify the Seller in writing of any defects of the goods. The Buyer has to inform about apparent defects in conformity with the Guarantee guidelines of the Seller, no later than within 30 calendar days from the date of rendering taxable supplies, and the Buyer will send this record together with the goods the guarantee claim asserted by the Buyer concerns of, to the Seller with the request to process the guarantee. Hidden defects - no later than within 6 months from the date of rendering taxable supplies. The Seller has to be informed about the delivery of incorrect number of pcs or kind of Goods in writing within 14 days from the date of rendering taxable supplies. The goods have to be returned physically to the Seller by the above dates. The later guarantee claims will not be acknowledged.
8.2.
Claim for goods delivered under the Purchase Agreement cannot be accepted as the Purchase Agreement allows tolerance ± 5% in terms of size, weight and / or shrinkage, colour variations or recession of colour into the fabric of 2 degrees on the gray scale and of the value of goods ± 7% specified in the Purchase Agreement, colour variations or recession of colour into the fabric of 3 degrees on the gray scale in Piccolio range of products. Furthermore, for goods from mixed fabric, Purchase Agreement allows tolerance ± 3% of the ratio of fibers.
8.3.
The Seller shall handle the Buyer´s warranty claim, including an expert opinion of the Defect which is the subject matter of a warranty claim, within 30 working days from receipt of Record of Claim and the Goods to which the claim relate to the Seller unless agreed upon otherwise.
8.4.
The Seller is not responsible for any Defects in cases where:
(i) The Buyer of the Goods knew about them before accepting Goods or must have known about them considering circumstances of the conclusion of the Sales Contract;
(ii) The Buyer caused Defects themself, or the Defects were caused by persons who the Buyer is responsible for or who were assigned by the Buyer to perform the tasks in connection with the Sales Contract;
(iii) The Goods that were on sale, and as such (especially on sale or on clearance sale or other marketing event) were offered for sale by the Seller, and / or
(iv) The Goods that have been used by the Buyer, and when it is doubtful whether the Defect could arise from misuse of the Goods or otherwise.
8.5
The Buyer cannot ask the Seller to remedy defects in the goods, i.e. make a claim for liability for defects in the goods, without handing over all items that the claim concerns. The Buyer shall bear all costs for transporting returned defective goods.
8.6
The Seller is not responsible for any damage caused to the Buyer by the defective Goods or in connection with the delivery of defective Goods. 8.7. Other conditions of a warranty claim application and claims resulting from liability for defects are stated in the Warranty Claim Guidelines. In case of different modification of rights and obligations in relation to the claim between the GTC and the Warranty Claim Guidelines, the rights and obligations specified in the Warranty Claim Guidelines shall prevail. 8.8. All photographs published on the website and in the e-shop at www.malfini.com are illustrative and differences between the actual shades of colours and those displayed in the e-shop cannot be used as the basis for a claim. The Seller cannot guarantee an exact match between the actual colours of the products or Modifications and the colours that the Buyer perceives depending on the screen used and the selected display configuration. 8.9It is necessary for the Buyer to pay due attention and follow the conditions of use in the package leaflet, information brochures, manuals, instructions and other information related to the use of the goods. The Seller is not responsible for damages caused by misuse of the ordered goods in the event that the Buyer does not follow information and instructions written in the package leaflet, information brochures, manuals or other.
9.1.
The Seller reserves the right to change prices. The current prices are communicated to the Buyer by the Seller prior to confirmation of the Order. The Buyer must confirm in writing that he takes new prices into consideration and acknowledges them. These prices are dependent on the type of Buyer´s registration and current prices at the time of the Order.
9.2.
The purchase price is payable in cash upon personal collection of the Goods at the Seller's warehouse, by cash on delivery or bank transfer in the period of time and under the conditions defined in the Sales Contract. The Buyer shall pay for an administrative fee for the cash on delivery payment at the rate published on the Seller´s website at www.malfini.info, and valid at the time of receiving the Order.
9.3.
The Purchase Price is considered to be paid when the Seller receives payment in cash, or at the moment of payment upon delivery by the Buyer, or on the day of crediting the funds to the Seller´s bank account. The Buyer shall specify a variable symbol for proper identification of the payment by bank transfer.
9.4.
If a payment is delayed for 3 workings after its due date, the Seller shall draw the Buyer’s attention to this fact by sending an e-mail reminder. If the payment is still delayed by the 10th day after the payment due date, the Seller shall request payment of the outstanding amount from the Buyer by sending a document entitled “2nd Reminder – Request for Payment of an Outstanding Amount – Amicable Settlement”. The administrative fee for processing and sending an attempt at an amicable settlement shall be CZK 200, and the Buyer shall be obliged to pay this amount to the Seller within 3 days of receiving the request for an amicable settlement.
9.5.
In the event of a default in payment, the Seller is entitled to request from the Buyer payment of contractual default charge in the amount of 0.05% a day from the owed amount of money for every day of default. The Buyer is obliged to cover the contractual penalty on late payment within 3 working days from the date of receipt of the Seller’s call to pay the contractual penalty on late payment.
9.6
The delivered goods shall remain the property of the Seller until the Buyer has paid the purchase price and all claims of the Seller ensuing from the business transaction have been settled.
10. Final Provisions
10.1.
The Seller reserves the right to change an external carrier and / or parameters of the E-shop service. The Seller shall promptly inform the Buyer about unilaterally made changes that have an impact on the price of services provided. Such familiarisation with changes is deemed sufficient via electronic communication or publishing at www.malfini.info as per the above mentioned sentence.
10.2.
The Seller reserves the right to limit or temporarily or permanently prevent the Buyer from using the E-shop service.
10.3.
The Parties have agreed that any disputes ensuing from the contractual relationship established by or in connection with the Purchase Agreement, which includes these GTC, that cannot be resolved by mutual negotiations and agreement shall be definitively resolved by a Czech court, namely the Regional Court of Ústí nad Labem, in accordance with the relevant provisions of the Code of Civil Procedure, excluding choice-of-law rules.
10.4.
These GTC come into effect as of 01.11.2021. Upon the effectiveness of the new version of GTC, the previous version loses its force and effect.
