GENERAL TERMS AND CONDITIONS
Magnetic Maps s.r.o.
Registered Address: U hájku 775, 691 25 Vranovice - Czech Republic
Business ID No.: 080 99 570
Registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Entry 111744
For the on-line sale of customized print products at: www.magneticmaps.shop
Presentation of Pictures and Copyrights
All the pictures in our e-shop are for presentation purposes only. The pictures are licensed and copyrights apply to all of them. Information regarding the photo database and the owner’s copyrights are stated in the detail of every picture. If the Customer is not the owner of an extended licence related to the selected picture, we buy a standard license from the photo database on behalf of the Customer. This license is only used for that specific Customer and only one piece of the product is made from that picture for that Customer. Any further reproduction or copying of the delivered product is prohibited. The purchased product cannot be re-sold, cannot be used for promotional or marketing purposes and cannot be used for immoral or inappropriate purposes or for negative racial purposes. The pictures presented in our e-shop are protected with a water mark. Only some pictures are available for viewing and the quality of these pictures is low to prevent further reproduction electronically, so in order to prevent misusing the pictures without a proper license. We do not supply electronic pictures with the protective water mark. The Customer only obtains a high quality, physical product without the protective water mark and with a proper license.
I. Introductory Provisions
1.1 These General Terms and Conditions are issued by Magnetic Maps s.r.o., registered address: U hájku 775, 69125 Vranovice, Business ID No.: 080 99 570, VAT Reg. No.: not a VAT payer, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Entry 111744, as a supplier of products, goods and services, hereinafter referred to as the “Supplier", pursuant to the provisions of Section 1751 et. seq. Act No. 89/2012Coll., the Civil Code, hereinafter referred to as the “Civil Code". The products, goods and services of Magnetic Maps s.r.o. are available at www.magneticmaps.shop. The General Terms and Conditions are also available on this website.
1.2 The General Terms and Conditions of Magnetic Maps s.r.o., hereinafter referred to as the "GTC", define the rights and responsibilities of the Supplier and the Customer. Customers include natural persons that are not self-employed, consumers or entrepreneurs, natural and legal persons and other non-profit legal persons.
II. Order Form / Purchase Agreement
2.1 An Order Form is understood as the Customer’s objective to obtain fulfilment in the form of the Supplier’s products, goods and services. Order Forms are accepted electronically only.
2.2 The Order Form has to include the Customer’s personal or company data, address, office, the ID number / VAT Reg. Number (for entrepreneurs and other legal persons), the person they are acting on behalf of and their relationship to the Customer, contact information, especially telephone number and e-mail address. The Order Form also has to include the product, good or service, hereinafter referred to as the "Consignments", the quantity, material, method and place of handing over and method of payment. The Supplier’s order system is available in other languages at www.magneticimaps.shop.
2.3 If the Consignment requires the Customer’s correction, please specify this in the Order Form. The delivery date commences on the day the Contractor obtains the Customer’s correction.
2.4 The Order Form is binding if the Customer places the order using the Supplier’s on-line order system, hereinafter referred to as the "Binding Order Form".
2.5 In specific cases reserved by the Supplier, especially with regard to the price or the Customer’s specific requirements, the Supplier and the Customer conclude the relevant agreement (for example, Purchase Agreement, Piece Work Agreement), based on the character of the Consignments. The agreement may also be the Customer’s approved proposal based on the documents submitted by the Supplier.
III. Price of the Consignment, Shipping and Payment Terms and Conditions
3.1 The price of the Consignments is given by the Supplier’s proposed price calculation. By sending the Order Form via the order system, the Customer agrees with the Consignment’s price.
3.2 If there has been a significant increase in the price of input material or VAT since the order had been made, the Supplier reserves the right to change the price of the Consignments. The Customer will be informed of this fact immediately. The Supplier will not complete the work without the Customer’s consent of the price increase.
3.3 The shipping cost is specified in the order system. By ordering and completing the Order Form, the Customer agrees with the cost of shipping. If the shipping cost is calculated independently, the Supplier shall send the Customer the cost of shipping for approval.
3.4 The Customer pays for the Consignments based on his / her selection in the order system. The methods of payment include cash on delivery, bank transfer onto the Supplier’s account, on-line payment card or Paypal. The methods of payment may be restricted in some countries. Therefore, the range of payment options may differ from country to country.
IV. Delivery Terms and Delivery Dates
4.1 The Supplier will only deliver the product, goods or service to the Customer’s address physically (not in electronic forms) via a carrier according to the information that the Customer entered in the order system. The Customer can choose the shipping company himself / herself in the order system.
4.2 The product, goods or service are primarily customized. The goods or services will be prepared for shipment via the carrier to the Customer’s address approximately 7 business days of receiving the Order Form. The delivery period in Europe is 2 - 10 business days. The delivery period to other continents outside of Europe is 20 – 60 days.
V. The Supplier’s Obligations
5.1 The Supplier undertakes to inform the Customer of the Terms and Conditions in the order system. If the Supplier makes the work with material, which the Customer did not order, the Supplier undertakes to inform the Customer of the change in the material and the composition, including the planned technological production.
5.2 The Supplier undertakes to inform the Customer of a change in the Price of the work if there has been a significant increase in the prices of input material or VAT prior to completing the Consignments or if a mistake had been made in the price calculation,
5.3 The Supplier undertakes to deliver the Consignments to the Customer in accordance to the Binding Order Form / Agreement, which means the Supplier has to deliver Consignments that are not defective / the defect was not caused by the Supplier.
5.4 The Supplier undertakes to maintain confidentiality about all facts related to the Customer, which have become known to him during the course of the business transaction and facts, which are not intended to be disclosed. The Supplier is not authorised to disclose the Customer’s personal data to third parties except for data that is publically available and data, which will be used by the carrier to deliver the goods or used to buy the Customer’s licence
5.5. Copyright Notice: All pictures that are presented by the Supplier are licensed and copyrights apply. Information about the photo bank and the owner’s copyrights are stated in the detail of every picture. A unique, standard license will be purchased for the Customer for every printout that is made for the Customer or the Supplier is already the owner of an extended printing licence. Any further reproduction or copying of the physically delivered printout is prohibited. The Customer cannot use the delivered printout for further re-sale, promotional or marketing activities, immoral or inappropriate purposes or negative racial purposes.
5.6. If the Customer sends his / her own documents to the Supplier electronically or uploads them via the order system, the Supplier undertakes to prevent misuse of these documents by third parties. The Supplier shall use the documents provided for fulfilling the Customer’s order only. After completing the order, the Supplier undertakes to delete these documents.
5.7. The Supplier shall only make tangible products for the Customer. The Supplier cannot provide the Customer with any pictures in electronic form.
VI. The Customer’s Obligations
6.1 The Customer undertakes to provide the Supplier with all information and documents necessary to properly manufacture the Consignments (orders). The Customer further undertakes to cooperate with the Supplier during completion of the work. If the Customer fails to provide this information, the Supplier is not liable for any possible defects, unless it is to contradictory to the valid provisions of the Civil Code.
6.2 If the Customer sends the Supplier his / her own documents and files or uploads them electronically for printing, the Customer is liable for not violating the copyrights related to the supplied documents. The Supplier is not authorized to inquire about the relationship between the Customer and the owner of the copyrights. The Supplier is not liable for the Customer’s infringement of copyrights. The Supplier only prints what the Customer requests.
6.3 The Customer undertakes to proof-read the Consignments upon the Supplier’s request. If the Customer agrees, he / she confirms the Order Form on-line in the order system. If the Supplier manufactrues the consignment based on the Customer’s incorrect proof-reading, the Supplier deems the Consignment to be correct and in accordance with the Binding Order Form / Agreement. If the Customer approves the proof-reading, the Customer undertakes to take over the defective work if the defects do not prevent it from serving the agreed purpose. The Customer undertakes to pay the agreed Price even if he / she does not take over the Work.
6.4 The Customer undertakes to maintain confidentiality about all information related to the Supplier that have become known to him during the course of the business transaction and information that are not intended to be disclosed publically.
6.5 Any further reproduction or copying of the supplied printout that was chosen by the Customer in the e-shop and later completed by the Supplier is prohibited. The Customer cannot use the printout that he / she bought for further re-sale, promotional or marketing activities, immoral or inappropriate purposes or negative racial purposes because the license does not include a wider scope of use.
6.6 If the Customer wants to use the printout that he / she bought for his / her own promotional or marketing activities or for further re-sale or presentation, etc., the Customer has to e-mail the Supplier high quality documents and the relevant license that enables the Customer to use the printout for his / her activities or upload them into the order system.
VII. Rights Emerging from Defective Fulfilment and the Customer Withdrawing from the Agreement
7.1 The right of the Customer from defective fulfilment is governed by the provisions of section 2099 et. seq. of the Civil Code. The Customer can file a complaint with the Supplier.
7.2 The Customer has the right to withdraw from the Purchase Agreement within 14 days without providing a reason. It is possible to withdraw from an Agreement by means of a declaration (ex. a letter sent by post or e-mail). Pursuant to the appeal period, sending a notice of withdrawal from the Agreement prior to the 14-day period suffices.
7.3 If the Customer withdrawals from an Agreement for a customized order, the Customer undertake to pay the Supplier the costs incurred for production and the costs incurred for purchasing the copyright license, if the Supplier had to buy printing documents that included copyrights. These costs are included in the amount paid by the Customer and the Customer will only be reimbursed the difference.
VIII. Order Cancellation – Purchase Agreement from the Side of the Supplier
8.1 The Supplier reserves the right to cancel the whole Order Form, the Purchase Agreement or a part of it, if the following justifiable cases apply:
- it is not possible to make the goods, the owner of the copyrights has decided to remove his map from the offer for further reproduction or the copyright owner did not provide top quality documents for making the map, thereby making top quality printing impossible
- the calculation for the product was set incorrectly or the price of input material or the VAT rate had significantly changed
8.2 If the situation described in point 8.1 arises, the Supplier undertakes to immediately contact the Customer by telephone or e-mail in order to discuss further steps (replace the ordered goods for other goods, cancel the whole Order Form, an individual price quotation ...).
If the Customer has already paid a deposit on the ordered goods by means of a bank transfer, payment card or Paypal, the Customer’s money will be reimbursed onto his / her account within three business days, at the latest.
IX. Complaints and Defects
9.1 It is possible to file a complaint on the services provided during the course of their provision. The complaint on hidden defects must be filed as soon as the defect is detected. A complaint on the service provided can be filed no later than six months of providing the service. The warranty period on the manufactured goods is twenty-four months of taking over the goods, unless a longer warranty period is specified.
9.2 If defective service is provided, the Customer has the right to receive replacement service free of charge. If the defective service cannot be remedied in this manner, the Customer is entitled to an adequate discount on the price of the service.
If goods are defective during the warranty period, the Customer is entitled to ask the Supplier to put the goods back to the corresponding status, pursuant to the Purchase Agreement as soon as possible and free of charge. The Customer may ask the Supplier to either repair the goods or make new, (identical) goods that are not defective. If this is not possible, the Customer may ask for an adequate discount on the purchase price or withdraw from the Agreement (the Customer may ask for a refund).
9.3 The Customer is also entitled to an adequate discount if the Supplier is not able to make a new product without defects, if the Supplier does not take corrective measures in a reasonable period or if the agreed upon corrective measures cause the Customer significant problems.
9.4 The Customer is also entitled to withdraw from the Agreement or is entitled to ask the Supplier to make a new product if the Supplier cannot return the goods back to the state in which they were received (with the exception of cases specified in the provisions of Section 2110 of the Civil Code).
9.5. The Customer is not entitled to defective fulfilment if:
The Customer knew about the defect before providing the service
The Customer caused the defect himself / herself
The warranty period on the manufactured goods has elapsed
In addition, the warranty and liability for defects on the manufactured goods does not apply to:
Regular wear and tear on the manufactured goods caused by using the goods
Defects caused by improper use of the manufactured goods, failure to comply with the Instruction’s Manual, improper maintenance or improper storage
Goods that the Customer installed incorrectly
The Supplier is not liable for personal injury or damage to property / goods that are caused as a result of incorrect installation and handling, misuse of goods or negligence.
9.6 The following are not considered defects:
Imperfect print, where the print defect is only visible from less than 1.5m away
Imperfect lamination of the manufactured map, where “small specks” under the lamination are visible from less than 1.5m away
A change in the colour of the manufactured map if the map was exposed to sun rays even inside through a window
The colours on the map do not exactly match the tones on the original presentation
Damage due to natural causes (sun, frost, rain) if the map is used outdoors
The Customer’s incorrect procedure during installation (sticking the map on an unclean surface, an uneven surface, on a damp wall, slanted, etc.)
Deformation of the map due to incorrect or improper storage (the map is left rolled-up in the cardboard for too long, exposed to higher temperatures, for example inside a car on a sunny day or exposed to frost, rain, etc.)
The use of improper writing means on the map’s surface or writing on the surface of the map, when the surface of the map is only protected with lamination that cannot be written on
Out-of-Court Settlement of Consumer Disputes
Dear Customer, if you feel that we have harmed you or that we have not fulfilled your requests, e-mail us at: firstname.lastname@example.org
If we are unable to settle the dispute directly, pursuant to Act No. 378/2015, which amends Act No. 634/1992 Sb., about data protection, you also have the right to an out-of-court consumer settlement.
The Subject (ADR) of out-of-court settlement of consumer disputes between the business and the customer is the Czech Trade Inspection or another subject authorized by the Ministry of Industry and Trade, refer to: http://www.mpo.cz/dokument169867.html. In terms of the Czech Trade Inspection, the Customer can file a proposal by means of an on-line form that is available on the Czech Trade Inspection’s website: https://adr.coi.cz/cs. The Customer may submit his / her proposal at the Czech Trade Inspection or at an authorized subject no later than 1 year from the date that he / she exercised his / her right regarding this issue at the seller for the first time. The Customer may also submit the proposal by means of an out-of-court EU consumer dispute platform, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS. The proposal may only be submitted by a customer, who lives in the EU and the proposal may only involve a business with a registered address in the EU. If the disputing parties are not satisfied with the quality of the out-of-court consumer dispute and feel that their rights during the course of the proceedings have been infringed upon, the consumer may file a complaint at the Ministry of Industry and Trade or send an e-mail to: email@example.com. The European Consumer Centre of the Czech Republic assists consumers in accessing the competent authorities for out-of-court consumer disputes in cross-border dispute cases. The parties bear the costs incurred with out-of-court consumer disputes.
GDPR: Personal Data Protection
The e-shop operator, Magnetic Maps s.r.o. undertakes to:
(a) not disclose the other party’s confidential information in any way to any third party, (b) not use the other party’s confidential information for its own needs, for the needs of its own business or for the needs of any third party, (c) only use the other party’s confidential information for fulfilling their obligation arising from this or any other mutual agreement, (d) make reasonable effort to prevent unauthorized third parties’ access to the above stated “confidential information”.
The operator undertakes to maintain strict confidentiality about personal passwords for registration and order forms. Only authorized persons providing the service shall have access to this information. The Operator’s employees shall observe and maintain the principles and rules of working with the Customer’s confidential information when carrying out their activities.
The Customer’s personal data is handled pursuant to Act No. 101/2000Coll., Personal Data Protection and Regulation 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 instructed by the data subjects (hereinafter referred to as “GDPR“), refer to the GDPR Compliance Statement, which is part of the Terms and Conditions.
The Contracting Parties undertake to follow the above stated principles concerning the protection of confidential and personal information for a period of 5 years from the termination of the contractual relationship, possibly longer, if required by an applicable law.
By registering, the Customer agrees with collecting personal data. The Customer’s basic information is required upon registration. Extra information is required when the Order Form is filled in. The Customer has the right to ask that his / her personal data be deleted from the database (cancel the registration).