GDPR
Introductory provisions
Provider
The Provider - Andrea Rudićová, with registered office in Nupaky, Za Hotelem 225, ID: 06256074, (hereinafter referred to as the Provider), bank account: 43-9974280267/0100 - operates a website at www.andiegraphics. cz (hereinafter referred to as the website) and provides comprehensive services related to the creation of a unified visual identity and brand, such as logo design, brand board (defines the colour palette and fonts for the brand), art direction, illustrations, web and digital design, book design, online trailers, graphic design of printed materials (hereinafter referred to as the services).
Customer
A customer is any visitor to the website, regardless of whether they are acting as a consumer or as a business (hereinafter referred to as the customer).
A consumer is a natural person who is not acting in the course of his/her trade or business when concluding and performing a contract (hereinafter referred to as a consumer).
An entrepreneur is a customer who is not a consumer. Any person who concludes contracts in connection with his own business, manufacturing or similar activity or in the independent exercise of his profession, or who acts in the name of or on behalf of an entrepreneur (hereinafter referred to as the entrepreneur), shall also be regarded as an entrepreneur.
Terms and Conditions of Business
These general terms and conditions (hereinafter referred to as the terms and conditions) govern the mutual rights and obligations of the parties arising in connection with or on the basis of a contract concluded between the provider and the customer primarily through the website (hereinafter referred to as the contract).
The Terms and Conditions are an integral part of the Contract. Insofar as the contract or its annexes do not expressly state a deviating provision or the validity of certain provisions of these terms and conditions is not excluded or otherwise modified by the contract or other express agreement between the provider and the customer, these terms and conditions shall otherwise apply to the mutual relations of the parties.
Legal relations between the Provider and the Customer not expressly covered by these General Terms and Conditions shall be governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code. The legal relations of the provider with the consumer are also governed by Act No. 634/1992 Coll., on Consumer Protection, as amended.
Conclusion of the contract
Offer of pre-prepared products
The products offered in the Eshop section of the website are semi-custom offers, i.e. pre-packaged products, which are for informational purposes only. The offer of products itself is not, without more, considered a proposal to deliver goods within the meaning of § 1732 paragraph 2 of the Civil Code and the provider is not obliged to conclude a contract regarding the offered product.
Order
The customer can create an order using the form on the website. When creating an order using the form, the customer first selects a specific product. Using the product configurator or in a note within the order, the customer indicates to the provider the individual requirements for modification of the product. After selecting the required product features and payment method (see Article 2.5.1.), the customer confirms his order, thereby making a binding proposal for the conclusion of a contract between the customer and the provider.
By sending the order, the customer confirms that he/she has read these terms and conditions and agrees to them in their entirety and that he/she has read the PRIVACY POLICY.
Conclusion of the contract
The Provider undertakes to review the Customer's contract proposal and confirm acceptance of the proposal by sending a message electronically to the Customer's email address. In the event that the Provider does not accept the Customer's contract proposal contained in the order, the Provider shall send a counter-proposal containing modifications to the Customer's product requirements to the Customer's e-mail address specified in the order.
The contractual relationship between the Provider and the Customer is established by the delivery of the acceptance of the order (acceptance) after any modification of the Customer's requirements for the pre-packaged product. The acceptance of the order is sent by the provider to the customer electronically to the customer's e-mail address provided in the order.
Costs incurred by the customer when using remote means of communication in connection with the conclusion of the contract (e.g. internet connection costs or telephone call costs) shall be borne by the customer.
Subject of the contract
The product is a work created by the provider, where the work has been created in part by the provider's own creative activity, which meets the condition for copyright protection under Act No. 121/2000 Coll., Copyright Act, and is considered intellectual property. As far as this part is concerned, the Provider grants the Customer a non-exclusive, territorially limited to the territory of the Czech and Slovak Republics and an unlimited time licence. The provider provides the product to the customer in the form in which it was offered by the provider on the website, taking into account the customer's choice of individual product features and any changes to the product based on the customer's requirements as agreed in the contract. In the event that the customer requests an extension of the product license to an unrestricted license, the agreement for such extension will be set out in a separate agreement with the provider, if the provider is authorized to grant such a license. The consideration for the extension will be dealt with separately.
The Customer agrees to pay the Provider the price of the Product as stated in the Agreement. The price of the product is indicated in the product offer on the website. In the case of a product modification based on a customer's request, the product price is agreed in the contract between the provider and the customer, whereby the related additional service / work of the provider is added to the basic product price stated in the product offer on the website. The prices of the products and services offered are shown on the website inclusive of VAT, unless the price is explicitly stated to be exclusive of VAT. All changes, including changes to prices on the website, are subject to change. The price is valid at the time of ordering.
The Provider consents to the Customer altering or otherwise interfering with the product in a manner that does not result in a reduction in value. The Provider consents to the Customer's use of the Product in such a way as to make it available to the public, display it and/or publish it, including repeatedly, to the extent or in such quantities as the Customer deems necessary, and to reproduce the Product in an unlimited number of copies for the purpose of such publication.
The Provider consents to the Customer making the Product available on the Internet, i.e. to its communication to the public by the Customer, or on the websites of third parties cooperating with the Customer or otherwise linked to the Customer; as well as to the reproduction of the Product by the Customer on an unlimited scale. It is expressly stipulated that in connection with the use of the product, the customer is entitled to disseminate the product only in connection with his own business and the offer of goods and services of his own business in electronic, printed or other form and to archive it in an electronic or other database created for this purpose. The customer hereby expressly undertakes not to offer the product for further use to other customers, subject to a contractual penalty of ten times the remuneration for the product. The Provider retains the right to compensation despite payment of the above-mentioned contractual penalty.
If the product offer states that the product in a given form will only be made available to a limited number of customers, the provider undertakes to make the product available only to a limited number of third parties, as shown by the product offer on the website.
Method of payment
The Provider offers the following payment methods to choose from, with the understanding that it will always be a prepayment:
credit card payment over the Internet through a payment gateway,
by bank transfer upon completion of the order,
via Stripe.
This is without prejudice to the Provider's right to require a specific customer to pay in advance in justified cases and to allow such customer to pay only in this way.
If the customer chooses to pay by credit card over the internet, he/she will be redirected to a third party payment server after completing the order, where he/she will fill in the necessary payment details. After verification of their validity, the order will be confirmed and the price will be deducted from the customer's account.
If the customer chooses to pay by bank transfer, the customer will pay the price of the order to the provider's bank account before the order is processed, i.e. the product will be delivered to the customer only after the price has been credited to the provider's account. In order to process the order, the payment must be made under the variable symbol, which is the order number and which the customer receives when completing the order. In the case of payment for the goods by bank transfer, the price is deemed to be paid on the date on which the relevant amount is credited to the Provider's account.
If the Customer chooses to pay via Stripe, upon completion of the order the Customer will be redirected to a third party server where they will be prompted to log into their Stripe account. Upon validation and sufficient account balance, the order will be confirmed and the price will be deducted from the customer's Stripe account.
According to the Revenue Registration Act, the provider is obliged to issue a receipt to the customer. At the same time, the provider is obliged to register the received sales with the tax authorities online; in the event of a technical failure, within 48 hours at the latest.
The customer agrees to the issue of an electronic receipt.
Delivery time
Subject to the conditions set out below, the Provider undertakes to deliver the product to the Customer within ______ 30 days from the date of conclusion of the contract, unless otherwise specified in the product offer or subsequently agreed in the contract. In the case of payment by credit card over the Internet via a payment gateway, by bank transfer after the order has been completed and via GoPayStripe, the Provider shall deliver the product only after the price has been credited to the Customer's bank account.
The Provider shall not be liable for any damages caused by any delay in the delivery of the product or its delivery, even for any reason.
Transport, shipping, delivery and collection of goods
Unless otherwise agreed in the contract, the method of delivery of the product is determined by the provider. If the method of delivery and, if applicable, transport is agreed upon at the customer's request, the customer bears the risk associated with such method of delivery, including any additional costs for the chosen method of delivery.
Shipment shall mean the electronic sending of the product as such or a link to the repository where the product has been delivered by the provider to the customer, including any password for pick-up electronically to the customer's email address specified in the product order. In the event that the product includes the provision of printed or other tangible product material by the provider, the dispatch of the ordered product shall be understood to include, in addition to the above dispatch by electronic means, the dispatch of the product to the address provided by the customer when creating the order. The Provider reserves the right to add the cost of shipping the product to the price of the order according to the current price list of the storage provider / carrier.
The customer acquires the user/ownership right to the product upon receipt. The risk of damage to the product also passes to the customer upon acceptance.
The delivery includes a proof of delivery of the product, which indicates the date of the contract, the product designation, the price and the provider's details. The customer expressly agrees that the provider will send him the tax document in electronic form.
Upon receipt of the product electronically, the customer is obliged to check that the product corresponds to the contractual product specification.
Upon receipt of the tangible material of the product from the carrier, the customer is obliged to check the integrity of the packaging of the goods and to notify the carrier immediately in the event of any defects. In the event of any damage to the packaging indicating tampering, the customer is advised not to accept the shipment from the carrier and to complete a damage report. By signing the delivery note, the customer confirms that the packaging of the shipment containing the goods was intact.
The customer is obliged to claim for any defects in the product immediately after discovering them. The Provider shall not be liable for any damage to the product arising from its transport / storage in a storage facility until collection by the Customer, unless the Customer claims such damage immediately.
In the event that for reasons on the customer's side it is necessary to deliver the product repeatedly or in a different way than specified in the order, the customer is obliged to pay the costs associated with the repeated delivery of the product or the costs associated with a different method of delivery.Rights and obligations arising from the conclusion of the contract
The Provider is obliged to deliver the ordered product to the Customer at the agreed price and the Customer is obliged to accept the product and pay the agreed price.
In the event of a breach of the terms of the contract or the terms and conditions by the customer, the provider reserves the right to withdraw from the contract. Unless otherwise provided by law, the customer is obliged to pay the provider all costs associated with his order.
In particular, the customer is obliged to provide correct and truthful information when ordering the product. The information necessary for the conclusion of the contract provided by the customer is considered correct by the provider.
The provider is not bound by any codes of conduct in relation to the customer within the meaning of Section 1826(1)(e) of the Civil Code.
The Customer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
All communications from the Provider may be delivered to the Customer at the electronic address provided by the Customer in the order.
Withdrawal from the contract
Withdrawal from the contract by the customer
Once the product has been delivered to the customer, the customer has no right to withdraw from the contract.
Withdrawal by the provider
The Provider shall ensure a good understanding of the market for the products offered. Nevertheless, there may exceptionally be situations where it is unable to deliver the ordered product under the conditions agreed in the contract. The Provider therefore reserves the right to withdraw from the contract in such cases and the Customer hereby agrees to this procedure for such exceptional cases.
The Provider shall also have the right to withdraw from the contract if there have been significant changes in the prices of the suppliers of the materials for the ordered product or if the Provider discovers that the product has been mistakenly offered at an incorrect price and the Customer has not accepted the relevant change to the contract, i.e. an increase in the price of the product or an increase in the cost of transporting the tangible material of the product, and the Customer hereby agrees to this procedure for such cases.
The Customer acknowledges that the Provider shall be entitled to withdraw from the contract concluded with the Customer or not to conclude a contract with such Customer at all if the Customer has breached any of its obligations in a material way in any of its previous engagements with the Provider. For the purposes of withdrawal from a contract, a breach of a previous contractual relationship in a material way shall be considered conduct within the meaning of Section 2002(2) of the Civil Code.
If the Provider withdraws from the contract, the Provider is obliged to inform the Customer immediately at the electronic address provided by the Customer when creating the order. Furthermore, the provider is obliged to refund the full price to the customer, if already paid, or reduced in accordance with these terms and conditions.
Rights from defective performance
If the received product has defects at the time when the customer takes over the product (e.g. it does not have the agreed or reasonably expected characteristics, it is not suitable for the usual or agreed purpose, it is not complete, it does not correspond to its quantity, characteristics or quality does not correspond to other legal, contractual or even pre-contractual parameters), this is a product defect for which the provider is liable.
The customer-consumer may claim from the provider, immediately upon receipt of the product, a free remedy for the defect or a reasonable price reduction, if he so requests; if this is not disproportionate to the nature of the defect (in particular, if the defect cannot be remedied without undue delay), a claim may be made for the delivery of a new product without defects or a new component without defects, if the defect relates only to this component.
If the repair or replacement of the product is not possible, the consumer may claim a full refund of the price upon withdrawal from the contract.
The provider is not obliged to satisfy the consumer customer's claim if it proves that the consumer customer knew about the defect in the goods before taking delivery or caused it himself.
The customer is entitled to claim the right from the defect that the product had when delivered to the customer. The customer shall notify the provider of the defect without undue delay after he could have discovered it by timely inspection and due diligence.
Within this period, the customer is entitled to make a claim and, at his option, to claim for a defect that constitutes a material breach of contract (regardless of whether the defect is remediable or irremediable):
remedy the defect by delivery of a new product or part thereof;
remedy the defect by repair free of charge;
a reasonable discount on the price,
refund of the price on the basis of withdrawal from the contract
A material breach of contract is one which the breaching party already knew or must have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.
In the case of a defect which is an insubstantial breach of contract (regardless of whether the defect is remediable or irremediable), the customer is entitled to have the defect remedied or a reasonable reduction in the price.
The Provider shall not be liable for defects resulting from failure to comply with the instructions for use.
Complaint handling
The customer is obliged to file a complaint with the provider without undue delay after the discovery of the deficiency. If he/she does so in writing or electronically, he/she should provide his/her contact details, a description of the defect and a request for how the complaint will be handled.
When notifying the defect, or without undue delay after notification of the defect, the customer is obliged to tell the provider what right (method of complaint handling) he has chosen.
A change of choice without the consent of the provider is only possible if the customer has requested the repair of a defect that proves to be irremediable.
If the customer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
The Provider shall settle the customer-consumer's complaint, including the rectification of the defect, without undue delay, at the latest within 30 days of its submission, unless a longer period is agreed in writing with the customer-consumer.
If the provider refuses to remedy the defect, the customer-consumer may demand a reasonable price reduction or withdraw from the contract.
Provision of consultations
The service offered in the Services section of the website is an offer of services including consultation in the field of graphic design and visual style, with particular emphasis on the analysis of the current situation and recommendations for independent work in the field of presentation and marketing (hereinafter referred to as consultation). The offer of the consultation itself is for information only and the provider reserves the right not to conclude a contract regarding the consultation requested by the customer.
The customer can create a consultation request using the form on the website. When creating a consultation request using the form, the customer shall first sufficiently describe the matter on which he/she is interested in a consultation.
By submitting a consultation request, the customer confirms that he/she has read and agrees to these terms and conditions in their entirety and that he/she has read and understood the PRIVACY POLICY.
The Provider undertakes to consider the consultation request and to confirm the Customer's acceptance of the proposal by sending a message electronically to the Customer's email address. The Provider and the Customer may, but need not, agree electronically on the estimated length of the consultation required to resolve the Customer's matter, the delivery date of the consultation and other details of the provision of the consultation.
The consultation is provided primarily online at a contracted hourly rate of CZK 3,000. As a standard, the consultation is not charged by the hour, but by the quarter hour. Thus 750 CZK per quarter hour. The resulting price thus better corresponds to the time intensity of the consultation.
The amount of this fee may be agreed differently, especially with regard to the time demand of the requested consultation or with regard to the long-term provision of services to the same customer. In specific cases, it is not excluded to agree on a flat fee for the handling of the entire case.
The consultation fee does not include additional expenses related to the service, such as fees, postage, translators' or experts' fees and other expenses reasonably incurred in the interests of the client. These costs shall be borne by the customer. External costs in excess of CZK 0 will always be consulted with the customer electronically in advance.
The consultation fee and any additional costs will be charged by the Provider to the Customer on the basis of an electronic tax document (invoice) issued upon completion of the consultation. The Customer undertakes to pay the invoiced amount by the due date stated on the invoice. This deadline shall not be less than 14 days from the date of sending the electronic invoice to the customer's e-mail address. Payment of the invoice shall mean the date on which the invoiced amount is credited to the Provider's account.
Personal data protection
The handling of customer personal data is subject to data protection legislation, including in particular EU Regulation 2016/679. The principles governing the processing of your personal data are contained HERE.
Final provisions
In the event that any provision of these Terms and Conditions is invalid or ineffective for any reason, this shall not invalidate or render ineffective any other part of these Terms and Conditions or the Contract.
The Provider may change or amend the wording of the Terms and Conditions. The amended terms and conditions shall be effective on the date of their publication. The rights and obligations of the Provider and the Customer arising before the effective date of the new version of the Terms and Conditions are not affected by the change.
If the relationship established by the contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law, excluding any conflict of laws rules. This does not affect the consumer's rights under generally binding legislation.
The language of communication between the provider and the customer and the language of the contract shall be Czech. The concluded contracts are archived by the provider in electronic form and are not accessible to other persons.
The Parties agree that the courts of the Czech Republic shall have jurisdiction to hear any disputes between the Provider and the Customer. Any disputes between the Provider and the Consumer may also be settled out of court. In such a case, the consumer may contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority, or resolve the dispute online via a dedicated ODR platform. For more information on out-of-court dispute resolution, please click HERE.
In Prague, 30 July 2021
Andrea Rudićová