Trade and delivery conditions

I. Preamble

These trade and delivery conditions (hereinafter stated only as CONDITIONS) shall apply to sales and contracts between the company Attack promotion s.r.o. (Ltd.) with registered office at Hyacintová 10, 106 00 Praha 10, IČ: 27176100, DIČ: CZ27176100 entered in the Commercial Register maintained by the Municipal Court in Prague, Part C., Entry 102083 (hereinafter referred to as “seller”) on one side and with the company stated in the order or contract as the buyer etc. (hereinafter referred to as “buyer”) on the other side (sellers and buyers together hereinafter referred to as “contracting parties” or individually as the “contracting party”).
A purchase contract actually originates as of the moment of its signing by both contracting parties or by sending a written order by the buyer (by post, fax or email) and its written confirmation by the seller (by post, fax or email). All the provisions of the Conditions, including their attachments, become inseparable part of the purchase contract between the seller and the buyer.
In all other cases which are not part of the Conditions will the contractual relationship be governed by the law č.89/2012 Sb., Civil Code (hereinafter referred to as “Civil Code”).
To exclude any doubts, the contracting parties explicitly confirm that they are entrepreneurs and conclude this contract within their entrepreneurship.

II. Subject matter of performance

Subject matter of performance is delivery of promotional and gift items (hereinafter referred to as “goods”) and with them associated services bindingly ordered by the buyer.

III. Purchase price

Purchase price of the goods and services is established by the written agreement based on the prices stated in the price list valid at the day of concluding the contract or by receiving the order from the buyer.
Prices in the price list are reported excluding VAT.
Price of the goods powered by batteries does not include price of the batteries, unless otherwise indicated.
To the electronic products will be put on an ecological fee referred to in the amendment of the law 185/2011 Sb., about data, or the fee resulting from the law 121/2000Sb.., Copyright Act.
Price of the goods does not include costs of shipping the goods to the buyer and costs of packaging, unless otherwise indicated.
Costs of shipping, packaging and possible recycling fees will be invoiced separately.
Discounts of the purchase price are given by an agreement between the seller and the buyer.
The seller reserves the right to modify the prices of the goods and services.

IV. Delivery conditions

According to the state and possibilities of the production capacity, the delivery period will be laid down by the seller in the purchase contract or in the confirmation of the order. Standard delivery period is 7 – 10 working days.
Orders with desired brand (print, embroidery, etc) require sending materials for processing the graphics in the required format within one working day after the confirmation of the order and then approving these graphics in the written form.
In case this does not happen, the delivery period will be postponed by the number of days which the buyer delays sending the materials or approving the graphics.
Negotiated advance payment is considered paid the moment the advance payment is credited to the seller´s account.
The seller is entitled to perform the contract also partially and the buyer is obliged to accept the partially performed subject of the contract. Partial performance of the contract is considered duly performed delivery.
The contract is executed by receiving the goods by the buyer or by handing over to the contractual delivery company.
Place of the performance of the delivery is according to the agreement the seller´s warehouse at the address Žirovnická 3133/6, 106 00 Praha 10 or the seller´s office at the address Hyacintová 10, 106 00 Praha10.

V. Payment terms

The buyer undertakes to pay the price of the delivered goods and services including VAT and also other possible costs of shipping, packaging and others.
Payment of the goods ordered and services is possible via an advance payment, cash payment, cash on delivery or bank transfer invoicing after delivery of the order.
Maturity of the price is 14 days after issuing the invoice by the seller, unless otherwise indicated in the contract.
The ownership of the goods transfers to the buyer only after paying the full price of the delivered goods and services. The purchase price is considered paid the day the full price is credited to the seller´s account.
In the event of late payment of the purchase price by the buyer, the seller is entitled to require the buyer to pay contractual interest for late payment of 1% of the outstanding amount for each day of delay.
The seller is entitled to invoice the buyer also the partial performance of the subject of the contract and the buyer is obliged to pay for the invoice upon maturity.
The buyer is entitled to assign any claim of the buyer or its part to the third party only by prior written consent of the seller.
The buyer undertakes that without prior written consent of the seller they will by no means burden (e.g. pledges) their buyer´s purchase contract claim in favour of third party.
Compensation of invoices is possible only after prior mutual agreement.

VI. Complaints

Seller´s responsibility for defects of the goods is in accordance with the provisions of the Civil Code, unless otherwise indicated in the Conditions.
Complaint must always be in a written form. The seller is obliged to handle the complaint within 60 days.
By way of derogation from the provisions § 2106 and § 2107 of the Civil Code, the contracting parties agree that the seller is in case of a justified complaint entitled to choose one of the following ways of handling the claim:
1. Remove the defect by repairing the goods
2. Deliver new or missing goods
3. Discount of the purchase price of the goods or
4. Issue a corrected invoice for the defected goods (refund)
In case of handling the complaint in one of the ways stated in article VI par. 3 of the Conditions, the seller will refund only duly claimed goods.
The contracting parties exclude application of the provision § 2112 par. 1, second sentence of the Civil Code.

VII. Other conditions

Minimal purchase is set by the conditions of the purchase.
The seller is not responsible for delays or impossibility to perform as a consequence of force majeure or in case the goods are not available in the market. The seller is obliged to promptly inform the buyer in a written form and, at same time, is entitled to prolong the period of performance or to terminate the contract without being responsible for the damage caused by the duly non-fulfilment of the contract.
By the moment of acquiring the subject of the contract by the buyer or by handing the subject to the delivery company, the risk of destroying, damaging or losing is transferred to the buyer.
The seller is responsible for the damages on own goods delivered by the buyer for branding (print, embroidery, etc.) only up to the agreed price of the print. This does not affect the provision number VIII. par. 8.
In case of failing to receive the finished order within agreed period, the buyer is obliged to pay a fine of 25% of the price of the whole order and return delivery fees in case of non-branded goods calculated by the seller and 100% of the price in case of branded goods, based on the invoice issued by the seller.
The warrant to pay the penalty does not exclude the seller´s right to compensation in the amount higher than the contractual penalty.
In case the contractual penalty is lowered by court according to the art.VIII par.4 Conditions, the seller still has the right for compensation in the amount in which the damage is higher than the amount stated as adequate by court, and it is so with no other limitations.
The contracting parties agreed and expressly declare that the seller is not obliged to pay for possible damage caused to the buyer in any connection with the purchase contract higher than the purchase price of the goods.
The seller reserves the right of quantitative derogation in goods delivery of +/- 5%.

VIII. Conditions of sale

Minimal value of an order is 3000,- Kč, excl.VAT on condition of ordering following numbers of pieces:
1. T-shirts, polo shirts, shirts – 5pc of type, colour and size
2. Sweatshirts, tracksuit trousers, sweaters – 5pc of type, colour and size
3. Jackets, vests, pants – 5pc of type, colour and size (unless otherwise indicated after mutual agreement).
4. Hats and accessories – 10pc of type, colour and size (with an exception of the brand Atlantis where the purchase is given by packaging)

In case of insufficient number of pieces, handling fee of 200,-Kč is charged.
Catalogue textile is possible to see in the sample room, if not available, the customer can, after arrangement with the sales department, order and buy individual samples.
It is possible to order the goods only on condition that the buyer agrees with standard quality, version, material and sizes of the brand ordered. Size tables are available on request in the sales department.
It is not possible to return the goods due to inadequate knowledge of aforementioned criteria.
Time of dispensation at the address of the warehouse: 8:30 – 16:30., where also payment in cash for the goods takes place.

IX. Transport and packing costs

Transport and packing costs in the Czech republic is 150,-Kč excl.VAT per package, unless otherwise indicated by the sales department.
Transport and packing costs abroad are priced, after prior agreement, by the sales department.

X. Withdrawal from the contract

The seller is entitled to completely or partially withdraw from the contract in the circumstances laid down by the Civil Code and in the circumstance the buyer´s payment of the price is delayed by more than 14 days.
1. Insolvency procedures have been started with the buyer. The buyer assigns a claim of the buyer to the third party as in art.V par.8 Conditions.
The buyer is entitled to withdraw from the contract in the circumstance of gross violation of the purchase contract by the seller or in the circumstances laid down by the Civil Code, unless otherwise indicated by the Conditions or the purchase contract.
Withdrawal from the contract must always be in a written form and include the reasons of the withdrawal.
If the seller withdraws from the contract or its part performance, the buyer is obliged to return the goods to the seller within 10 days after the delivery of the withdrawal from the contract.
In the circumstance of an infringement of the obligation of the buyer which will lead to the withdrawal from the contract, the buyer is obliged to pay to the seller a cancellation fee of 25% of the price of the whole order and return delivery fees in case of non-branded goods calculated by the seller and 100% of the price in case of branded goods, based on the invoice issued by the seller (see VII. Other conditions)

XI. Complaints

Seller´s responsibility for defects of the goods is in accordance with the provisions of the Civil Code, unless otherwise indicated in the Conditions.
Complaint must always be in a written form. The seller is obliged to handle the complaint within 60 days.
By way of derogation from the provisions § 2106 and § 2107 of the Civil Code, the contracting parties agree that the seller is in case of a justified complaint entitled to choose one of the following ways of handling the claim:
1. Remove the defect by repairing the goods
2. Deliver new or missing goods
3. Discount of the purchase price of the goods or
4. Issue a corrected invoice for the defected goods (refund)
In case of handling the complaint in one of the ways stated in article VI par. 3 of the Conditions, the seller will refund only duly claimed goods.
The contracting parties exclude application of the provision § 2112 par. 1, second sentence of the Civil Code.

XII. Final provisions

Rights and duties of the contracting parties are governed by the rule of law.
Possible legal disputes will be dealt with by the local court in whose district the seat of the seller is.
Goods provided by the seller are intended solely for advertising and promotional purposes.