Terms and Conditions
INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the business company ALISY SPORT s.r.o., with its registered office at Ještědská 360, Liberec 8, 46008, ID: 04661818, VAT ID: CZ04661818, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 36759 (hereinafter referred to as the “Seller”), regulate the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”).
1.2. Provisions deviating from the Terms and Conditions can be agreed upon in the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.
1.3. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drafted in the Czech language. The Purchase Agreement can be concluded in the Czech language.
1.4. The Seller may change or supplement the wording of the 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.
INQUIRY, ORDER, CONCLUSION OF PURCHASE AGREEMENT
2.1. The initial non-binding inquiry by the Buyer usually takes place via email or telephone.
2.2. Based on the inquiry, the Seller's sales department will create a price offer and send it by email to the Buyer.
2.3. If the Buyer accepts the price, delivery date, and other terms in the received offer, the inquiry is considered an order by the Seller, and a proforma invoice for 50% of the total contract amount, including VAT, is issued.
2.4. Upon payment of the proforma invoice, the Buyer's inquiry is considered a binding order and, together with the Seller's price offer, is considered a proposal for the conclusion of a contract (depending on the case, a purchase contract or a work contract) for the goods specified in the inquiry. The contract for the production and delivery of the goods specified in the order is concluded between the company and the customer at the moment of confirmation of receipt of the order by the Seller, i.e., after the advance payment.
2.5. The Buyer is then obliged to promptly specify their order completely, including details on the number of items ordered, sizes, etc.
2.6. The seller reserves the right to visibly place their logo on each individual item of the product as a manufacturer’s mark, in accordance with common practice. If the buyer explicitly objects to this, the price will be individually increased according to the specifications of their order.
GRAPHIC PREPARATION
3.1. Logos, graphics, and other materials must be supplied by the Buyer in vector format (cdr, ai, eps, pdf), and bitmaps in a minimum resolution of 300 dpi (jpg, tif, pdf). Colors must be specified in CMYK format, or PANTONE if applicable. The Seller's printers use the definition of black as C:40 M:40 Y:40 K:100. If the provided materials are of insufficient quality, graphic editing will be charged at a rate of CZK 500/hour. Any logo creation or other specific costs related to graphic preparation will be calculated individually.
3.2. The customer can choose from the Seller's designs or create their own design.
3.3. The seller bears no responsibility for logos provided by the buyer (font size, typos, errors, abbreviations, etc.). The buyer is fully responsible for the use, placement, and rights to the logos placed on the product.
DELIVERY CONDITIONS
4.1. The Seller reserves the right to refuse any order, especially non-standard or speculative compositions or volumes.
4.2. The delivery time varies depending on the type and total number of items ordered. The Buyer is informed of the current delivery time in the first response to the inquiry.
4.3. The current delivery time may change during the order process, especially if the Buyer does not cooperate and does not respond to the Seller's requests regarding the approval of graphic designs or the provision of additional materials for the start of production. Delays caused in this way do not entitle the Buyer to a discount or withdrawal from the contract.
4.4. Other rights and obligations of the parties regarding the delivery of goods may be regulated by the Seller's special delivery conditions if issued by the Seller.
TRANSPORTATION AND DELIVERY OF GOODS
5.1. The method of delivery is determined by the seller - typically through DPD, unless otherwise specified in the purchase agreement. If the method of transportation is agreed upon based on the buyer's request, the buyer assumes the risk and any additional costs associated with this method of transportation.
5.2. Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging and in the event of any defects, immediately report these to the carrier. In case of finding any breach of the packaging indicating unauthorized entry into the shipment, the buyer is not required to accept the shipment from the carrier. By signing the receipt of the shipment, the buyer confirms that the packaging containing the goods was intact, and subsequent claims of incompleteness or damage to the shipment will not be possible.
5.3. Other rights and obligations of the parties concerning the transportation of goods may be governed by the seller's special delivery conditions, if issued by the seller.
PAYMENT TERMS
6.1. Payment is typically made by settling the final invoice via bank transfer. The goods are dispatched only after the amount has been credited to the seller's account.
6.2. Payment is also possible by invoice with an agreed payment term (only by agreement in the case of long-term, verified cooperation).
LIABILITY FOR DEFECTS, WARRANTY
7.1. The rights and obligations of the contracting parties regarding the seller’s liability for defects, including warranty liability, shall be governed by the relevant generally binding legal regulations.
7.2. The buyer is obliged to report any defects or deficiencies to the seller immediately upon receipt of the goods.
7.3. After delivery, the seller shall not be liable for damage caused by improper storage or handling of the goods by the buyer. Improper handling shall also include ordinary handling of the goods that does not comply with the seller’s instructions regarding the use and maintenance of the product.
7.4. The buyer is entitled to replacement of the goods if the delivered goods do not possess the characteristics usual for the given type of goods.
7.5. The buyer shall exercise rights arising from the seller’s liability for defects, including warranty liability, at the seller’s business address. A claim shall be deemed submitted at the moment the seller receives the claimed goods from the buyer.
7.6. In the event of a non-removable defect, the seller shall manufacture new goods at its own expense.
7.7. Complaints shall be resolved as soon as possible, no later than within 30 days.
7.8. Complaints cannot be accepted in cases of normal wear and tear resulting from regular use of the goods.
7.9. Complaints regarding the product graphics cannot be accepted if the graphics correspond to the design approved by the customer prior to production.
7.10. If the customer supplies their own materials or products (e.g. towels, mats, textiles, etc.) for sublimation printing, the customer acknowledges that the manufacturer is not liable for defects resulting from the properties or quality of the supplied material.
7.11. The customer is obliged to ensure in advance that the supplied material is suitable for sublimation printing technology. The manufacturer shall not be liable for changes in color, structure, or other degradation of the material that may occur during the sublimation process.
7.12. In orders produced using customer-supplied materials, a possible occurrence of defective items resulting from a non-standard production process outside the manufacturer’s regularly tested products must be expected. The extent of such deviations depends mainly on the type, composition, and quality of the supplied material and shall not be considered a product defect.
7.13. The manufacturer provides a quality warranty only for products and materials from its standard product range that have been tested and meet the technological requirements of sublimation printing.
7.14. For printing on customer-supplied materials, complaints are accepted only in cases of demonstrable printing errors caused by the manufacturer, not due to the unsuitability or defects of the material supplied by the customer.
7.15. Due to technological reasons, absolute color matching between the digital preview and the final sublimation print cannot be guaranteed. Minor color deviations may occur due to color conversion into the print color space, display device settings, the material used, printing technology, and the heat transfer process. Only Pantone references, CMYK values including ICC profiles, or a customer-approved physical proof shall be considered binding color references.
7.16. Digital previews sent to the customer are intended primarily for approval of the graphic design, layout of elements, and approximate color appearance.
CANCELLATION TERMS
8.1. In the event of an order cancellation, the seller is entitled to charge the buyer for graphic work already performed on their order at a rate of 500 CZK/hour. This also applies to other activities already carried out on the order.
8.2. The extent of the work performed is determined by the seller.
8.3. If the buyer has paid a deposit before canceling the order, the seller will refund the deposit to the buyer, reduced by the costs of the work already performed related to the order.
FINAL PROVISIONS
9.1. The seller reserves the right to present products manufactured by ALISY SPORT, s.r.o. as the seller's product, including the possibility of using the design for other customers, unless otherwise agreed. The customer acknowledges this and agrees by making the payment of the advance invoice.
9.2. All logos and designs of the seller, s.r.o. are its property and any use or distribution without the seller's consent is prohibited.
9.3. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship will be governed by Czech law.
9.4. The seller reserves the right to change these terms and conditions at any time without prior notice. The validity of the terms and conditions automatically ceases with the issuance of new conditions.
9.5. Contact details of the seller: delivery address Ještědská 360, 46008, Liberec 8, email address obchod2@alisy.cz, phone +420 773 333 107
PRIVACY STATEMENT
ALISY SPORT s.r.o. does not collect any personal data that could identify a specific person, except in cases where the person voluntarily provides such data to ALISY SPORT s.r.o. Such data may be obtained when a person voluntarily registers to use the services of the ALISY SPORT s.r.o. server, participates in surveys, voting, etc. Any personal information identifying a specific person will not be provided or sold to a third party, except in cases where the user is informed at the time of data collection.
ALISY SPORT s.r.o. reserves the right to analyze user behavior on its websites. These analyses include, for example, measuring traffic, the number of users who viewed an advertising banner, and the number of clicks on individual banners. This data is also available to individual advertisers - always as a statistical overview, not by name. Users should also be aware that data voluntarily provided in discussion forums or other automatically generated pages may be used by third parties. Such use of personal information cannot be controlled, and ALISY SPORT s.r.o. cannot and will not bear any responsibility for this.
Users should be aware that some information about users may be automatically collected during standard operations of our server (e.g., the user's computer IP address) and also when using cookies (small text files stored on the user's computer that allow the server to recognize a user who has visited it before and then record their behavior and, for example, customize the design and content or better target advertising campaigns accordingly). Cookies are not programs that could damage the user's computer. Most browsers offer the option to not accept cookies - however, the e-commerce site will not function correctly without enabled cookies.
At the user's request, ALISY SPORT s.r.o. will take all financially reasonable steps to remove all personal data of the user.
In Liberec on 1.2.2016