XEA COMPANY s.r.o., registered office at náměstí Bratří Synků 612/11, Nusle, 140 00 Prague 4, Czech Republic, Company ID: 24281662, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 192789.
- INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as “Terms and Conditions”) regulate, under the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations between the business company XEA COMPANY s.r.o., with its registered office at náměstí Bratří Synků 612/11, Nusle, 140 00 Prague 4, Czech Republic, Company ID: 24281662, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 192789 (hereinafter referred to as the “Provider”), and another entrepreneurial natural or legal person (hereinafter referred to as the “Customer”) arising from:
1.1.1. a contract for work (hereinafter referred to as the “Contract for Work”) and/or
1.1.2. a purchase contract (hereinafter referred to as the “Purchase Contract”) and/or
1.1.3 a contract for the creation of graphic works (hereinafter referred to as the “Contract for the Creation of Graphic Works”).
The Contract for Work, the Purchase Contract, and the Contract for the Creation of Graphic Works are hereinafter collectively referred to as the “Contract.”
1.2. These Terms and Conditions also regulate some rights and obligations of the contracting parties when using the Provider’s website located at www.irisatelier.cz (hereinafter referred to as the “Website”) and other related legal relationships.
1.3. Any deviating provisions in the Contract take precedence over the provisions of the Terms and Conditions. The provisions of the Terms and Conditions are an integral part of the Contract.
1.4. The Provider may change or supplement the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
1.5. By expressing agreement with the new version of the Terms and Conditions, the Customer agrees to the updated version, and the previous version of the Terms and Conditions ceases to be effective, becoming an integral part of the Contract.
2. USER ACCOUNT
2.1. After registering on the Website, the Customer can access the user interface. From the user interface, the Customer can, among other things, order goods and services from the Provider (hereinafter referred to as the “User Account”). The Customer can also order goods and services from the Provider without registration directly from the Website.
2.2. When registering on the Website and when ordering goods, the Customer is obliged to provide accurate and truthful information. The Customer is required to update the data in their User Account in case of any changes. The information provided by the Customer in the User Account is considered accurate by the Provider.
2.3. Access to the User Account is secured by a username and password. The Customer is obliged to maintain the confidentiality of the information necessary to access their User Account and acknowledges that the Provider is not responsible for any breach of this obligation by the Customer.
2.4. The Customer is not entitled to allow third parties to use their User Account. Provider’s staff may manage the User Account following the Customer’s instructions.
2.5. The Provider may cancel or block the Customer’s User Account, especially if the Customer has not used their User Account for more than three (3) years or if the Customer breaches their obligations under the Contract (including these Terms and Conditions).
2.6. The Customer acknowledges that the User Account may not be available continuously, especially due to the necessary maintenance of the Provider’s hardware and software equipment, or due to the necessary maintenance of third-party hardware and software equipment.
3. CONTRACT CONCLUSION
3.1. The Customer may contact the Provider with a request for a quotation (price offer) via e-mail, in person, or through the Provider’s order system. The Customer’s request must include:
3.1.1 Billing details of the Customer (company name or first and last name of the individual, identification number of the natural or legal person, tax identification number, registered office or residence address);
3.1.2 Contact details of the Customer for order delivery (company name and/or the name and surname of the contact person, delivery address, phone contact of the contact person, e-mail contact of the contact person);
3.1.3 Graphic files. These files remain the Customer’s property and will not be provided to any third party by the Provider, who will handle them solely to fulfil the order. To complete the order, these files need to be graphically processed (separated, prepared as a raster, etc.). The files created in this process become the intellectual property of the Provider, and the Customer has no claim to them. They are used solely as necessary digital files to produce the order placed by the Customer. If the Customer requests access to these graphically processed files, the Provider is not obliged to provide them and is entitled to charge an appropriate fee for the time spent preparing them. The Provider charges this fee even in the case of graphic preparation of data if the order is not realized.
3.1.4 Preview of the placement of the graphic file on the textile of the desired type and colour;
3.1.5 The preferred brand, type, and colour of the textile, if such textile is preferred;
3.1.6 Quantities of individual sizes, colours, and types. The colours of the textile preview images provided by the Provider may not correspond exactly to reality. To verify that the selected textile meets your expectations regarding its nature, cut, and colour, we recommend ordering a sample. This sample is charged by the Provider, who informs the Customer in advance of the price for the ordered sample. XEA COMPANY s.r.o. is not responsible for colour variations of the textile due to a different batch delivered by the manufacturer.
3.1.7 In the case of embroidery, the exact shade of the colour article from the Marathon colour chart, which can be found on the Website interface or sent by the Provider via e-mail to the Customer. For DTF printing, the Customer must supply or define the exact CMYK colour shade. If the colour is not defined, the Provider will visually select a shade that is subjectively judged to be the closest to the colour shade displayed in the graphic files provided by the Customer for printing. The Provider is not responsible for any colour deviation greater than DELTA2.
3.1.8 All branding requirements or additional tailoring work;
3.1.9 Desired packaging method;
3.1.10 Desired completion date;
3.1.11 Method of receipt of the goods.
3.2. Graphic files for embroidery can be submitted electronically in formats such as .jpg, .png, .pdf, .ai, .eps, .svg, or in another format based on prior approval by the Provider. For printing, files can only be provided in .png format without a background, at a resolution of at least 300 dpi and at a scale of 1:1 for the actual print size.
3.3. If the information in the Customer’s request provides sufficient details for the processing of a quotation, the Provider will prepare and send the Customer a price offer in the form of a “Quotation.” The quotation will be sent to the Customer by e-mail to the requested e-mail address. The quotation must include a notice that the contract is governed by these Terms and Conditions. The validity period of the quotation will be part of the quotation.
3.4. If the Customer agrees with the quotation, they confirm their acceptance (approval) of the Provider by e-mail. Upon receipt of the acceptance by the Provider, a Purchase Contract is concluded, following these Terms and Conditions.
3.5. The Provider operates an online store. A Customer, for whom the Provider has created a User Account, may order goods via the online store. In the case of an order placed through the online store, the Purchase Contract is concluded upon acceptance of the Customer’s order by the Provider via e-mail.
3.6. If the Customer supplies their textiles for printing or other enhancement, the textiles must be prepared according to the planned design applications in boxes so that it is easy to identify which design applies to which item. If the textiles are not adequately labelled, the Provider charges a handling fee for sorting and preparing the textiles at a rate commensurate with the complexity of the handling. This fee will be communicated to the Customer after the textiles are assessed. In the case of supplying textiles that are also offered in the Provider’s online store, a handling fee of CZK 10 per textile item is charged.
3.7. The Website interface (hereinafter referred to as the “Website Interface”) contains the Provider’s goods and service offers, including customizing goods according to the Customer’s individual needs or requirements, and the Provider’s graphic design services, including the creation of graphic works. The provisions of Section 1732, paragraph 2 of the Civil Code does not apply to relationships between the Provider and any third party (including the Customer).
3.8. Prices (Provider’s remuneration) are usually listed on the Website Interface without value-added tax (hereinafter referred to as “VAT”) and include all related fees. The Provider’s offers and prices remain valid as long as they are displayed on the Website Interface. This provision does not limit the possibility for the Provider to conclude a Contract under individually agreed terms.
3.9. If a price (Provider’s remuneration) is listed on the Website Interface, it does not include the costs associated with delivering the goods, and the price applies only in the case of personal collection of the goods at the Provider’s warehouse located at náměstí Bratří Synků 612/11, 140 00 Nusle, Prague 4 (hereinafter referred to as “Personal Collection”). After selecting services and goods, the Customer will see a summary of their selected options.
3.10. If a price (Provider’s remuneration) is listed on the Website Interface, the Contract is concluded as described in Articles 3.5 to 3.8 of the Terms and Conditions. If no price (Provider’s remuneration) is listed on the Website Interface, the Contract is concluded as described in Article 3.9 of the Terms and Conditions. The application of Section 1740, paragraph 3 of the Civil Code is excluded.
3.11. If a price (Provider’s remuneration) is listed on the Website Interface, the Contract is concluded as follows: The Customer fills out the order form on the Website Interface. The order form may include, in particular, information about the ordered goods or services (the ordered goods or services are “added” to the electronic shopping cart of the Website Interface), the payment method for their price (Provider’s remuneration), the requested method of delivery of the ordered goods, and information about the costs associated with the delivery of goods (hereinafter collectively referred to as the “Order”).
3.12. The Customer sends the Order to the Provider by clicking the “COMPLETE ORDER” button, with this Order being irrevocable. The information provided in the Order is considered accurate by the Provider.
3.13. The Provider is always entitled, depending on the nature of the Order (quantity of goods, amount of price, anticipated delivery costs), to request additional confirmation of the Order (e.g., in writing or by phone) or to secure payment of the price.
3.14. The contractual relationship arising from the Contract is created upon the receipt of the acceptance of the Order (approval) sent by the Provider to the Customer via e-mail to the Customer’s e-mail address.
3.15. If no price (Provider’s remuneration) is listed on the Website Interface, the Contract is concluded as follows: The Customer submits a non-binding request to the Provider via the Website Interface, by e-mail, by phone, by regular mail, or by other means. Based on this request, the Provider sends the Customer a proposal to conclude a Contract (hereinafter referred to as the “Proposal for Contract Conclusion”) by e-mail. The contractual relationship is created upon the receipt of the approval of the Proposal for Contract Conclusion (acceptance) sent by the Customer to the Provider.
3.16. The Contract may also be concluded in writing.
3.17. All sales offers of goods or services on the Website are non-binding, and the Provider is not obliged to conclude a Contract regarding these goods or services. The Customer acknowledges that the Provider is not obliged to conclude a Contract, especially with persons who have previously significantly violated obligations arising from contractual relationships with the Provider.
4. SUBJECT OF THE CONTRACT FOR WORK
4.1. Under the Contract for Work, the Provider undertakes to create, at its own expense and risk, a work (or works) specified in the Contract for Work, and the Customer undertakes to pay the Provider a fee for the creation of the work(s) as stipulated in the Contract for Work.
4.2. The rights and obligations of the contracting parties relating to the goods modified under the Contract for Work are governed by the provisions of these Terms and Conditions regarding the handling of goods (Articles 8, 9, and 17 of the Terms and Conditions).
5. WORK CREATION
5.1. The Provider is obliged to create the work with due care and in accordance with generally binding legal regulations. The Provider is required to act independently and in the Customer’s interests when creating the work.
5.2. The Customer is obliged to provide the Provider (or its employees) with the necessary cooperation, especially in cases where certain characteristics of the work are not entirely clear, or their realization would be impractical, or in case of other inquiries from the Provider regarding the work. The Customer must respond to any questions related to the performance of the work promptly, no later than three (3) working days after receiving them.
5.3. Unless otherwise agreed, the Provider is not required to verify the substantive and factual correctness of the materials provided by the Customer for the creation of the work. However, the Provider is obliged to conduct a technical accuracy check of the materials regarding the intended purpose, using ordinary care.
5.4. The Provider may entrust the creation of the work to another person. However, when the work is created by another person, the Provider remains responsible as if the work were performed by the Provider itself.
5.5. If the work under the Contract contains items protected by intellectual property rights (e.g., images, fonts, photographs) owned by third parties, the Customer is required, among other things, to comply with the (sub)licensing agreements related to these items as provided by the Provider.
5.6. The work may be carried out by the Provider based on a pre-prepared sample. If the Customer insists that the work should not be performed based on a sample but rather based on a preview of the appearance of the work (Article 5.7 of the Terms and Conditions), the Provider may perform the work based on the preview of the work’s appearance; however, in such cases, the Customer assumes the risk associated with the performance of the work, and any discrepancies between the preview and the final work do not constitute a defect in the work.
5.7. A photograph of the sample or a preview of the work’s appearance will be sent by the Provider to the Customer via e-mail. The Customer is obliged to thoroughly review the sample or the preview of the work’s appearance, and it is understood that:
5.7.1. The exact placement of the graphic element on the goods (e.g., distance from the sleeve hem) can only be ensured if dimensions are part of the preview;
5.7.2. For exact colour matching, it is necessary to specify colours using the Marathon or CMYK colour chart, noting that some technologies may not fully match the defined colours.
5.8. Based on the Customer’s approval of the sample or preview according to Article 5.7 of the Terms and Conditions, the work will be created by the Provider. The Customer’s approval of the sample or preview must be provided:
5.8.1. Via e-mail, to the e-mail address from which the photograph of the sample or the preview of the work’s appearance was sent, with the photograph or preview attached to the Customer’s approval e-mail, or
5.8.2. In written form (in person) at the Provider’s premises.
5.9. The approval of the Customer according to Article 5.6 of the Terms and Conditions sets the final appearance of the work, replacing all previous information or instructions provided by the Customer regarding the appearance of the work. However, the placement of the graphic element on the goods may differ by up to 10% from the approved appearance of the work or sample.
5.10. If the Customer disagrees with the appearance of the work contained in the preview, they must notify the Provider immediately by e-mail to the address from which the preview was sent, providing specific instructions for modifying the preview. The Provider is entitled to charge a fee for modifying the preview, as agreed with the Customer.
5.11. The deadline for the delivery of the goods under the Contract is suspended during the preparation of the sample or preview of the work’s appearance. If the Customer is delayed in providing the necessary cooperation for the completion of the work, including providing proper materials or paying any part of the Provider’s fee, the deadline for the completion of the work is extended by the period of such delay.
5.12. If the Customer is delayed in providing the necessary cooperation for the creation of the work (including providing proper materials), the Provider may complete the work to the extent possible without such cooperation (or materials).
5.13. If the Customer’s delay in providing necessary cooperation prevents the Provider from continuing with the work, the Provider fulfils its obligation under the Contract for Work by completing the parts of the work that can be completed without the Customer’s cooperation (or missing materials).
5.14. The Customer acknowledges and agrees that any results of the Provider’s activities while performing the work may be used by the Provider for promotional purposes (without limitation), even if they contain materials provided by the Customer to the Provider.
6. MATERIALS
6.1. If the Customer provides materials to the Provider in connection with the Contract for Work (hereinafter referred to as “Materials”), the parties agree on the following terms:
6.2. If a third party asserts any rights against the Provider about the Materials, the Customer is obliged to immediately provide the Provider with all documents and information necessary to successfully defend against such claims. If a third party claims that the use of the Materials under the Contract for Work violates their rights, especially intellectual property rights or claims that such use constitutes unfair competition, the Customer agrees to reimburse the Provider for any reasonably incurred costs related to the dispute.
6.3. If the Provider suffers any harm in connection with the Materials (including regulatory penalties, fees, or other costs incurred by the Provider), the Customer is obliged to compensate the Provider for this damage within thirty (30) days of its occurrence.
6.4. Materials provided for printing (printing files) must comply with the DTP Manual available on the Website at www.irisatelier.cz (hereinafter referred to as the “DTP Manual”). If the printing files do not comply with the DTP Manual, the Provider may adjust these files (with the Customer’s approval), under the terms specified in the Contract for the Creation of Graphic Works, and for the agreed fee.
7. SUBJECT OF THE PURCHASE CONTRACT
7.1. Under the Purchase Contract, the Provider undertakes to deliver the goods to the Customer and transfer ownership of the goods, and the Customer agrees to take delivery of the goods and pay the Provider the purchase price.
8. TRANSPORT, DELIVERY, AND ACCEPTANCE OF GOODS
8.1. The delivery time for the ordered goods and any services performed on them, such as printing, embroidery, or additional tailoring work, or services performed on the Customer’s textile (hereinafter referred to as the “Delivery Period”), depends on the currently available stock of goods, the complexity and number of ordered services, and the current production capacity of the Provider.
8.2. The Delivery Period is thirty (30) calendar days from the Customer’s acceptance of the quotation. The acceptance of the quotation is considered the crediting of the advance payment following the advance invoice issued by the Provider or confirmation of the quotation by e-mail if no advance invoice is issued. The Delivery Period may be shorter depending on the complexity of the specific order. The Delivery Period may be longer due to delays on the part of the Provider’s supplier(s), which the Provider cannot influence.
8.3. Unless otherwise agreed in the Contract, delivery of the goods occurs by handing over the goods to the first carrier for transport to the Customer.
8.4. If personal collection by the Customer at the Provider’s warehouse is agreed in the Contract, the goods will be prepared for collection at the Provider’s warehouse. Personal collection is possible on working days between 9:00 AM and 6:00 PM. The Customer must collect the goods from the Provider’s warehouse no later than five (5) days after receiving notification that the goods are ready for collection. If the Customer fails to collect the goods within this period, the Provider is entitled to charge a storage fee of CZK 50 per package for each day of delay, or the Provider may withdraw from the Contract.
8.5. The method of delivery of the goods is determined by the Provider unless otherwise agreed in the Contract. If the delivery method is agreed upon based on the Customer’s request, the Customer bears the risk and any additional costs associated with that delivery method.
8.6. If the Provider is required to deliver the goods to a location specified by the Customer under the Purchase Contract, the Customer must take delivery of the goods upon delivery. If the Customer fails to take delivery of the goods, the Provider is entitled to charge a storage fee of CZK 50 per package for each day of delay, or the Provider may withdraw from the Contract.
8.7. If the goods must be delivered repeatedly or in a different manner than agreed due to reasons on the part of the Customer, the Customer is obliged to pay the costs associated with repeated delivery or alternative delivery.
8.8. Upon receiving the goods from the carrier, the Customer must check the integrity of the packaging and immediately notify the carrier and the Provider of any defects. The Customer is obliged to confirm receipt of the goods on the delivery note (with a signature or stamp). If the packaging is damaged, indicating unauthorized access to the shipment, the Customer may refuse to accept the shipment and must report this to the carrier (and record it). By signing the delivery note, the Customer confirms that the packaging was intact, and later complaints regarding packaging integrity will not be accepted.
8.9. Unless objective obstacles are preventing the delivery of the goods, the Provider must deliver the goods within the time specified in the Contract or within a reasonable period considering the nature of the goods and the place of delivery. The Provider may deliver the goods earlier than agreed. If the Provider delivers the goods before the agreed time, the Customer is not entitled to refuse the goods. Objective obstacles preventing delivery include all circumstances beyond the Provider’s control, such as operational failures, transportation difficulties from the manufacturer, strikes, or lockouts.
8.10. The Delivery Period under the Purchase Contract, the Contract for Work, and the Contract for the Creation of Graphic Works begins upon receipt of the Customer’s advance payment (if advance payment is agreed upon) and approval of the exact fulfilment of the Provider’s obligations. Unless otherwise agreed, the Delivery Period for goods under the Purchase Contract and the Contract for Work is fourteen (14) calendar days from the start of this period. The time required for the transportation of goods is not included in the Delivery Period.
8.11. The Provider’s obligation to deliver the goods is considered fulfilled if:
8.11.1. The goods were delivered by the Provider within thirty (30) days after the deadline specified in the Contract;
8.11.2. The number of defective goods does not exceed 10% of all goods delivered by the Provider;
8.11.3. The number of delivered goods does not deviate from the agreed quantity by more than 10%.
9. TRANSFER OF RISK OF DAMAGE TO GOODS, TRANSFER OF OWNERSHIP
9.1. If the Provider is obliged to hand over the goods to a carrier, the risk of damage to the goods transfers to the Customer upon handover to the carrier. If the goods are already being transported at the time of concluding the Purchase Contract, the risk of damage to the goods transfers to the Customer upon their handover to the first carrier (retroactively).
9.2. If personal collection at the Provider’s warehouse (Personal Collection) is agreed, the risk of damage to the goods transfers to the Customer when the goods are collected from the Provider, or if not collected in time, at the time when collection was due.
9.3. Damage to goods that occurs after the transfer of the risk to the Customer does not affect the Customer’s obligation to pay the purchase price.
9.4. If the Provider is obliged to hand over the goods to a carrier, ownership of the goods transfers to the Customer upon their handover to the carrier. If personal collection at the Provider’s warehouse is agreed, ownership transfers to the Customer upon collection of the goods from the Provider.
10. SUBJECT OF THE CONTRACT FOR THE CREATION OF GRAPHIC WORKS
10.1. Under the Contract for the Creation of Graphic Works, the Provider undertakes to create a graphic work (hereinafter referred to as the “Graphic Work”) at its own expense and risk for the Customer, and the Customer agrees to pay the Provider a fee for the creation of the Graphic Work, as specified in the Contract for the Creation of Graphic Works.
10.2. The Provider grants the Customer a non-exclusive license to use the Graphic Work, as specified in Article 12 of the Terms and Conditions. The license fee for granting the license to the Graphic Work is included in the fee for creating the Graphic Work.
11. CREATION AND DELIVERY OF THE GRAPHIC WORK
11.1. The provisions of Article 5 of the Terms and Conditions regarding the creation of a work apply, by analogy, to the rights and obligations of the contracting parties concerning the creation of a Graphic Work under the Contract for the Creation of Graphic Works. The provisions of Article 6 of the Terms and Conditions regarding materials for the creation of a work apply, by analogy, to the rights and obligations of the contracting parties concerning materials for the creation of a Graphic Work under the Contract for the Creation of Graphic Works.
11.2. The Provider will deliver the Graphic Work to the Customer by making it available in the Customer’s User Account or by sending it via e-mail at the Customer’s request. If, due to a lack of cooperation from the Customer or other reasons, it is not possible to deliver the Graphic Work as described, the Provider will deliver the Graphic Work on a standard data carrier.
11.3. Upon the Provider’s request, the contracting parties will sign a handover protocol for the delivery of the Graphic Work, within the timeframe specified in the Provider’s request. The Customer agrees to provide the necessary cooperation in signing the handover protocol. If the Customer delays providing such cooperation, the Provider will record the delivery of the Graphic Work and provide this record to the Customer.
12. LICENSE FOR THE GRAPHIC WORK
12.1. The Provider grants the Customer a non-exclusive license to the Graphic Work.
12.2. The license for the Graphic Work is granted for the territory of the Czech Republic and the entire European Union.
12.3. The Customer is allowed to use the Graphic Work in all forms of use.
12.4. The Customer is authorized to use the Graphic Work exclusively for its own needs.
12.5. Unless explicitly agreed otherwise, the Customer acquires the license for the Graphic Work upon full payment of the fee for the creation of the Graphic Work. The license is granted without a time limit.
12.6. The Customer is entitled to use the Graphic Work only for the purpose specified in the Contract for the Creation of Graphic Works (Terms and Conditions) and following the intended purpose of the Graphic Work.
12.7. The Customer is not required to use the license for the Graphic Work.
12.8. Unless explicitly agreed otherwise, the Customer is not entitled to modify the Graphic Work, combine the Graphic Work with other works, or include it in a collection of works.
13. PAYMENT TERMS
13.1. The Customer is obliged to pay the Provider the purchase price and the price for the work (hereinafter collectively referred to as the “Provider’s Fee”) and advances on the Provider’s Fee within the terms and amounts specified in the Contract. If no due date is specified in the Contract, the due date is the one stated on the advance invoice issued by the Provider or another payment request made by the Provider.
13.2. The Provider’s Fee is payable on the date specified in the Contract, or if no due date is specified, within the period stated on the invoice issued by the Provider or in another payment request, otherwise no later than fourteen (14) days after concluding the Contract, and may be paid as follows:
13.2.1. By bank transfer in advance to the Provider’s account 5481787379/0800, maintained by Česká spořitelna, a.s. (hereinafter referred to as the “Provider’s Account”), based on an advance invoice issued by the Provider or another payment request made by the Provider;
13.2.2. In cash upon receipt of the goods, but only if this payment method has been accepted by the Customer;
13.2.3. In cash on delivery at the location specified in the Contract, but only if this payment method has been accepted by the Provider.
13.3. If the Provider’s Fee is agreed upon an hourly rate, the Provider is entitled to payment for every thirty (30) minutes of activity performed under the Contract. If the number of goods delivered by the Provider exceeds the quantity agreed upon in the Contract, the Customer will pay for these additional goods as well. This does not affect the provisions of Article 8.11.3 of the Terms and Conditions.
13.4. The Provider may request payment security for the Provider’s Fee.
13.5. The Provider may grant the Customer volume discounts on the Provider’s Fee, under the conditions specified on the Website or as individually agreed. Unless agreed otherwise, any discounts provided by the Provider cannot be combined. The Provider is a VAT payer, and VAT will be added to all amounts under applicable legal regulations.
13.6. The contracting parties agree that the statute of limitations for the Customer’s right to payment under the Contract is eight (8) years.
13.7. In the case of non-cash payments, the Customer is required to pay the Provider’s Fee with the correct variable payment symbol. The Customer’s payment obligation is fulfilled when the relevant amount is credited to the Provider’s Account.
13.8. If it is a common business practice, the Provider will issue the Customer a tax document – an invoice – regarding payments made under the Contract. The tax document – invoice – will be issued by the Provider to the Customer (most often after the fee is paid) and sent electronically to the Customer’s e-mail address or made available in the User Account. Upon the Customer’s request, the Provider will send a printed version of the tax document – invoice. If the Customer is entitled to a discount, the Customer will issue a tax document – invoice (excluding VAT), with a maturity period of at least thirty (30) days from the delivery of this document to the Provider.
13.9. The Provider is entitled to the Fee under the Contract even if the creation of the work and/or continuation of the Provider’s activities under the Contract is hindered, particularly if the creation of the work is hindered due to the actions of the Customer.
13.10. Once the Customer agrees to the price offer, a binding order is created. The Customer is obliged to pay the invoice. In case of delay, Article 13.11 of the Terms and Conditions applies.
13.11. In the event of the Customer’s delay in making any payment under the Contract (or advance payment on the Provider’s Fee), the Provider is entitled to charge interest on late payments at a rate of 0.05% of the owed amount for each day of delay.
13.12. The Customer’s claims against the Provider can only be set off against the Provider’s Fee if the claims are due and acknowledged in writing by the Provider in terms of reason and amount, or if the Customer’s claims have been definitively recognized in court or arbitration proceedings.
14. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
14.1. During any delay by the Customer in making any payment or advance on the Provider’s Fee, the Provider is not obliged to provide any services or goods under the Contract.
14.2. The Provider is entitled to partial performance of the Contract.
14.3. The Provider is entitled to use the business name or trade name of the Customer for marketing purposes as a reference in all promotional materials, regardless of the form of these promotional materials or how they are communicated.
14.4. The deadlines set in the Contract for the Provider will only begin after the advance or partial Fee has been paid to the Provider’s account.
14.5. The Customer assumes the risk of a change in circumstances under Section 1765, paragraph 2 of the Civil Code.
14.6. In the event of damage to the Customer related to the Provider’s liability for defects in performance under the Contract, if the damage was not caused intentionally or due to gross negligence by the Provider, the contracting parties have agreed to limit the compensation for such potential damage, including lost profit, to one-third of the Provider’s Fee paid by the Customer under the Contract.
14.7. The Customer or another person using the Website acknowledges that without the Provider’s prior written consent, they are not entitled to use any text, graphic works, or other objects protected by copyright located on the Website.
14.8. The Customer is not entitled to use mechanisms, software, or other procedures that may negatively affect the operation of the Website or server when using the Website.
15. PERSONAL DATA PROTECTION AND COMMERCIAL COMMUNICATIONS
15.1. If the Customer is a natural person, the Provider fulfils its information obligations under Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons concerning the processing of personal data (General Data Protection Regulation) through a separate document titled “Information on Personal Data Processing.”
15.2 The Customer agrees to receive information and commercial communications related to the Provider’s services or business to the address provided in the User Account, as well as commercial communications from third parties to the Customer’s address.
15.3. The Provider fulfils its legal obligations regarding potential cookies stored on the Customer’s device through a separate document.
16. WITHDRAWAL FROM THE CONTRACT
16.1. The Provider is entitled to withdraw from the Purchase Contract at any time without giving reasons, especially in cases where the goods are unavailable or cannot be delivered within the agreed period. In the event of withdrawal from the Purchase Contract under the previous sentence, the Provider will refund the purchase price or any advance payment to the Customer within fourteen (14) days of the withdrawal, by bank transfer to an account specified by the Customer.
16.2. The Provider is entitled to withdraw from the Contract for Work or the Contract for the Creation of Graphic Works at any time without giving reasons until the obligations under these Contracts have been fulfilled. In the event of withdrawal under the previous sentence, the Provider will refund the price or any advance payment to the Customer within fourteen (14) days of the withdrawal, by bank transfer to an account specified by the Customer.
17. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
17.1. Rights arising from defective performance are governed by the applicable laws and regulations. This does not affect the provisions of Article 8.11 of the Terms and Conditions.
17.2. The appearance of a printing plate or embroidery frame on the textile is a natural effect of the manufacturing process and does not constitute a defect in the final product.
17.3. The Provider is not responsible for defects caused by the properties of the material supplied by the Customer.
17.4. The Provider is not obliged to inspect the suitability of the textile provided by the Customer for printing, embroidery, or other modifications, and is not responsible for alerting the Customer if the textile is unsuitable. If the Provider informs the Customer of the textile’s unsuitability and this prevents proper performance of the work, the Provider is entitled to suspend the work until a suitable textile is provided or until receiving written confirmation from the Customer that they insist on the performance of the work using the supplied textile. The Delivery Period will be extended by the period of suspension. The Provider is also entitled to reimbursement for costs incurred due to the suspension or use of unsuitable textiles until the unsuitability was identified.
17.5. The Customer is obliged to inspect the goods or other services provided by the Provider under the Contract as soon as possible after the risk of damage to the goods has passed, and again before their use.
17.6. The Customer’s rights arising from the Provider’s liability for defects, including warranty claims (if a warranty is provided), are to be claimed in writing at the Provider’s place of business or via email at info@irisboutique.cz (from now on referred to as the “Claim”).
17.7. If the goods were delivered in a different quantity, quality, or specification than stipulated in the Contract, the Customer must submit a claim to the Provider immediately, but no later than three (3) days after receiving or picking up the goods. This does not affect the provisions of Article 8.11 of the Terms and Conditions. If no claim is made within this period, the goods are considered to have been delivered properly. The Customer must also submit the claimed goods and the corresponding delivery notes along with the written claim.
17.8. If the Provider’s performance under the Contract is defective, the Customer’s claims for defective performance will be satisfied in the following order: delivery of missing goods, a reasonable discount on the Provider’s Fee, removal of other defects, or delivery of replacement goods for the defective goods.
17.9. The Customer’s claim for goods does not affect their obligation to pay the purchase price or fulfil other obligations toward the Provider.
17.10. The Customer is entitled to reimbursement of necessary expenses incurred directly in connection with a justified claim, only if the claim is valid.
17.11. In cases where the Contract is concluded in writing, the Customer waives their rights to claims arising from defective performance under Section 1916, paragraph 2 of the Civil Code.
17.12. The contracting parties agree that unless otherwise required by applicable legal regulations, the Provider is only liable for breaches of its obligations due to fault.
17.13. If the goods are returned to the Provider (for example, due to the Customer’s withdrawal from the Contract), the Customer agrees that the Provider may sell or donate them to anyone.
18. FINAL PROVISIONS
18.1. If the legal relationship established by the Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods.
18.2. The Contract, as well as the rights and obligations arising from or related to it, are governed by the Civil Code, with the contracting parties agreeing to:
18.2.1. Exclude the application of trade practices maintained under Section 558, paragraph 2 of the Civil Code if the Customer is an entrepreneur;
18.2.2. Exclude the application of Section 557, Section 1748, Section 2119, paragraph 1, Section 2389b, paragraphs 2 and 3, Section 2389c, and Section 2389e of the Civil Code;
18.2.3. Exclude the application of Sections 1799 and 1800 of the Civil Code if the Customer is an entrepreneur.
18.3. The Provider and the Customer, who is an entrepreneur and concluded the Contract during their business activities, agree that in the event of district court jurisdiction in the first instance, the locally competent court is the District Court for Prague 10, and in the case of regional court jurisdiction in the first instance, the locally competent court is the Municipal Court in Prague.
18.4. Unless explicitly agreed otherwise, the Customer’s business (delivery) terms do not apply to contractual relations between the Provider and the Customer.
In Prague, on 23 October 2024.
XEA COMPANY s.r.o.