TERMS & CONDITIONS

Global Cards s.r.o.

Identification No.: 03 422 747, place of business: Opava, Kyleovice, Gudrichova 250/69
registered with the Regional Court in Ostrava, Section C, File 60058
www.global-cards.eu
(hereinafter supplier)

4.6
Article 1
Preamble
The subject of these Terms & Conditions is a detailed definition of rights and obligations of the contractual
parties entering into business and legal relationships with a supplier. The business and legal relationships, as
stipulated hereinbefore, are understood to be namely, but not limited to, relationships established by contracts
for purchase or any other contracts for supplies of goods and services. Definition of individual products
together with definition of their recommended use and protection (hereinafter goods) is included in the
catalogue that is always up to date published on the following website: www.global-cards.eu. The supplier
reserves the right to make any changes in this catalogue. This reservation also applies in case of existing
concluded master agreements with clients. If these Terms & Conditions form part of these master agreements,
clients are obligated to monitor the current prices of the supplier on the suppliers website and when ordering
goods to always use the current prices which they request goods or services for.

2.1

2.2

2.3

3.1

3.2

3.3
3.4

3.5

3.6

4.1

4.2

4.3
4.4

4.5

Article 2
Concluding individual contracts
Individual contracts concluded between the supplier as one party and the client as the other party shall
be concluded as follows:
2.1.1 Based on sending an order, which includes at least identification information about the client, a
contact person, ordered goods with quantities and any other requirements including a file with a
graphic design prepared as per instructions available on the suppliers website and a press proof
file or graphic design, prepared or amended in the graphic studio of the supplier (hereinafter
materials), the supplier inspects the materials and sends to the client an offer that includes, as a
minimum, identification information of the client, a proofed project before the production, price
quotation and a reference to these Terms & Conditions, to an email address stated by the client
when submitting materials to the supplier.
2.1.2 The client confirms the offer by sending an email from the email address given when submitting
the materials to the supplier to martin.holusa@global-cards.eu. This confirmation concludes a
contract for supply of goods between the supplier and client.
2.1.3 In the event a contract for purchase is concluded in another way, in particular verbally or by
telephone, in the given cases the legal relationship between the client and supplier is also governed
by these Terms & Conditions.
2.1.4 Any communication between the parties can be executed by email. Telephone agreements must be
at least captured electronically as an email message.
It is understood that upon acceptance of the suppliers offer by the client, the client has familiarised
himself with all properties of the goods and conditions under which it is possible to use the goods and
that the goods fully correspond to the purpose and intention which he orders them for.
It is understood that the contract is in writing if it was concluded based on an email offer of the supplier
and accepted by the client. These Terms & Conditions form an integral part of the contract concluded in
this manner.
Article 3
Purchase price or price of other supplies and services and payment conditions
Prices of goods and services according to Article 1 hereof are always contractual in relation to each
individual supply. Prices of goods differ depending on complexity of processing, types of required
colours and the amount and types of complementary and protection elements. Unless stated otherwise, it
is considered that prices exclude VAT and the supplier is entitled to charge VAT at the statutory rate on
the date of taxation.
The price for supplied goods and services must be paid by the client to the supplier based on a standard
bookkeeping document an invoice issued by the supplier, however, within 30 days since the delivery
of goods at the latest unless agreed otherwise. The invoice must always contain all information of a tax
receipt pursuant to the VAT Act; any possible claim does not affect the invoice due date. The invoice
due date is at least 14 days since its issuance. The invoice can be also issued and delivered to the client
electronically. In the event the client does not raise any objections against the invoice within 7 days
since its dispatch, it is understood that the commitment specified in detail in the invoice related to the
reason and price amount is accepted by the client. The client is obligated to accept the tax document
invoice sent by the supplier to the client electronically as basic material to pay it.
The day of the payment of the price of goods is the day when the invoiced amount is credited to the
suppliers account.
The client acknowledges that the supplier is entitled to charge the client up to 100% of the purchase
price including VAT in advance or request an advance payment in such amount or earnest payment. If
the client does not pay the advance payment or a part of the purchase price charged in advance or an
earnest payment duly and in a timely manner, he acknowledges that the delivery deadline of the supplier
to prepare the goods to be ready is extended by the payment delay.
The supplier is entitled to charge the purchase price of goods on the date of the goods delivery. In the
event the client refuses to accept goods without being obstructed by serious reasons, for the purposes of
invoicing it is understood that the goods were duly delivered by the supplier and that the supplier is
entitled to issue a proper bookkeeping document for the goods and claim the purchase price and
associated costs (e.g. storage costs of goods or materials, travel costs). Special reasons hindering the
receipt of goods are those due to which it is impossible to use the goods for the agreed purpose. Minor
defects that do not hinder use of goods are not reasons for which it would be possible to refuse the
goods.
The client is not entitled to offset any other claim to the supplier using the suppliers amount resulting
from the contract which these Terms & Conditions are appended to.
Article 4
Quantity of goods, transfer of ownership, transfer of liability for damage
Minimum quantity of goods which the client is obligated to order is 200 pcs. In the event the ordered
and received goods contain other additional elements, in particular elements related to personalisation
and protection of cards or special treatment, such as e.g. metallic colour, the minimum quantity to order
and accept is 1,000 pcs. In the event a smaller quantity of goods than the minimum quantity is ordered
and accepted, the supplier is entitled to charge the delivered goods as if a minimum order had been
placed.
The place of delivery is the clients place of business unless stated otherwise. The agreed delivery time
is calculated from the moment of the delivery of materials by the client (for print), under the condition
that all payment conditions of the supplier have been met.
In the event the place of delivery is in the Czech Republic, the transportation costs are included in the
purchase price of the goods.
In the event the place of delivery is outside the Czech Republic, the transportation costs are not included
in the purchase price and the client undertakes to pay the supplier transportation costs to the place of
delivery.
If the client refuses to sign the delivery note upon goods delivery, the supplier is not obligated to leave
the goods with the client but he is entitled to charge the client for the goods including all incurred
expenditures as if the goods were duly delivered. In such case it is proceeded according to Article 3.5
hereof.

4.7
4.8

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

5.10
5.11
5.12

5.13

5.14
5.15

6.1
6.2

6.3

6.4

7.1

The contractual parties agreed that ownership to the goods is transferred from the supplier to the client
only after the purchase price is fully paid. If the contract, which these conditions are appended to, is
terminated by the supplier for the reason of delay with the payment of the purchase price, the supplier is
entitled take the delivered goods back.
Any risk of damage on the goods is transferred to the client at the moment of its handover and
acceptance by the client.
In the event the client refuses to accept the goods for no reason or for no serious reason or in the event
he fails to assist as necessary or refuses to sign the delivery note and consequently it will not be possible
to deliver the goods, the client undertakes to pay to the supplier all costs for transportation of goods
incurred as a result of breaching the obligation of the client relating to sound acceptance and
furthermore, storage reimbursement set as a flat rate of 100 CZK per each commenced day of storage.
Article 5
Warranty conditions
The supplier is obligated to deliver to the client the goods in agreed quantities and quality with the
properties as requested by the client. In the event these are not agreed, the supplier is obligated to
deliver the goods in a standard quality of the goods in question. The supplier is obligated to deliver to
the client the goods free of any legal defects.
The supplier is not liable for any differences in colour between the graphic design and manufactured
goods caused by a different set up of a computer graphic card, monitor calibration, printer setup,
different type of ink or any other technical reasons differences between the technical equipment of the
supplier and the client or a third party.
The client is obligated to inspect the delivered goods and their quantity, functional and other properties
the existence of which is expected as a result of the concluded contract. The client is entitled to raise a
claim with the supplier for liability for defects if it concerns obvious defects within 7 days since the
acceptance of goods. Claims related to obvious defects raised later shall not be considered.
The supplier provides to the client warranties against all defects that the goods showed at the moment of
acceptance by the client. These defects are also considered to be hidden defects. Warranty applies to any
goods delivered by the supplier. Under conditions of this warranty the supplier assumes liability for the
fact that the goods have no production or material defects which may jeopardise or impact functionality
of the item (goods) if the client used the item or its part, accepted from the supplier, in compliance with
general rules of use of goods and as expected in case of this type of goods.
The supplier is not liable and does not assume any warranty for damage incurred as a result of electrical
network overvoltage, use of goods in conditions which do not comply with requirements related to
temperature, dust, humidity, chemical and mechanical impacts in an operational environment,
unprofessional installation, handling, operation or neglect of required maintenance and care of goods,
damage of goods by a software virus, use of unauthorised software or defect manifested by software not
provided by the supplier with the goods subject to claim, use of goods in contradiction to conditions
stipulated in the documentation or general rules, as a result of unskilled intervention performed by the
client or a third party, by any additional modifications of the mechanical, electronic or software part of
goods by the client or a third party.
The client is obligated to raise a claim with the supplier against hidden defects on the goods that existed
at the time of acceptance, with no unnecessary delay after he learns about the defects, within 3 months
since the day of handover and acceptance of the given goods at the latest.
When raising a claim related to defects on the goods, the client is obligated to adhere to the following
conditions and accept the following restrictions:
5.7.1
The client is obligated to stop using the faulty item or item partially faulty immediately after
identifying the defect and inform the supplier about the defect of the item or its part with no
delay;
5.7.2
The client is obligated to return the goods to the supplier or allow the supplier or a third party
authorised by the supplier to collect the goods personally.
Failing to comply with obligations and to accept limitations in relation to the claim against the faulty
item (see above) bears the consequence of terminating the entitlement of the client arising from
defective execution provided to the client by the supplier.
Warranty claims can be applied only after presenting a contract and other documents based on which
ownership was transferred from the supplier to the client. Then it is necessary that the client informs the
supplier about the defect, what it is, how it is manifested and what the preferred rectifying measure is.
Such statement is not binding for the supplier. The supplier is entitled to handle the claim in the most
efficient manner.
Warranty is non-transferable to third parties.
If the claim is acknowledged and discount on the goods price is agreed on, discount on the price of
goods will be provided as a credit note to the invoice related to the claim.
If the client exercises the claim against the invoiced amount or taxable supply with the supplier and the
supplier assesses this claim as justified, the parties are obligated to replace the incorrect invoice with the
correct one. The claim against such document has no delaying effect in relation to the payment of the
purchase price.
The client is not entitled to remove a defect himself or through third parties without a written consent of
the supplier. The client is not entitled to any compensation for the reason of removing the defect himself
or through a third party unless the supplier authorises such procedure in writing in advance, including
such payment.
Warranty is non-transferrable to third parties.
If the client incurs damage as a result of defects in provided execution, the contractual parties agreed on
capping such damage by the amount not exceeding the purchase price of the defective delivery.
Article 6
Termination of the contract and disruption of supplies
The contract, which these Terms & Conditions are appended to, can be terminated by an agreement of
both contractual parties or withdrawal under the following conditions.
The supplier is entitled to terminate individual contracts, which these Terms & Conditions are appended
to, if the client is in delay with the payment of the purchase price, advance payment or earnest payment
or their part for more than 30 days. In the event that at the time of contract termination a part of the
contract has been fulfilled by both contractual parties (a part of goods was supplied and paid for), then it
is understood that the termination concerns only the part of the contract that was fulfilled only
unilaterally or was not fulfilled by any of the contractual parties.
If the client is in delay with the payment of any other obligation to the supplier for more than 5 days, the
supplier is entitled to stop all further supplies to the client, even supplies based on other concluded
contracts. The disruption period extends all deadlines of the supplier.
The client is not entitled to unilaterally assign the rights and obligations arising from individual
contracts, which these Terms & Conditions are appended to, to a third party without a written consent of
the supplier.
Article 7
Sanctions
If the client is in delay with the payment of any obligation to the supplier, he is obligated to pay to the
supplier a contractual penalty in the amount of 0.15% of the amount in delay for each commenced day
in delay. Charging the contractual penalty does not affect the right to interests.

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HULVA & PARTNERS s.r.o., Law Firm, 2014

7.2

7.3

7.4

8.1

8.2

8.3

If the supplier is in delay with the delivery of goods to the client, he is obligated to pay to the client a
contractual penalty in the amount of 0.15% of the value of the goods the delivery of which he is in delay
with, for each commenced day in delay.
If the supplier terminates the contract as a result of the delay of the client with the payment of the
purchase price, advance payment or earnest payment, the supplier is entitled, due to such delay of the
client (and breaching the obligations) to request a contractual fine in the amount of 50% of the purchase
price incl. VAT.
If circumstances, under which the contract was concluded, change as a result of breaching an obligation
by the client even if the contract was terminated by the supplier, the supplier is, however, as a result of
breaching the obligation by the client, entitled to request from the client, for the reason of breaching the
obligation that caused the supplier to terminate the contract, a contractual penalty in the amount of 50%
of the purchase price.
Article 8
Final provisions
All contracts concluded with the supplier are governed by these Terms & Conditions unless their
application is explicitly excluded by the contract. The contract takes precedence over these conditions.
These Terms & Conditions of the supplier take precedence over possible Terms & Conditions of the
client (usually the buyer) for the supply of goods and services. These Terms & Conditions are available
on www.global-cards.eu.
In the event a provision of these Terms and Conditions becomes invalid, ineffective or unenforceable, it
shall not affect validity, effectiveness and enforceability of the other provisions. The contractual parties
are obligated to provide mutual cooperation to each other to replace the invalid, ineffective or
unenforceable provision with a valid, effective and enforceable provision that at the highest level
preserves the economic purpose intended by the invalid, ineffective and unenforceable provision. The
same applies to a contractual gap.
Modifications or additions of individual contracts and business conditions, as well as of their
appendices, require a written amendment signed by both contractual parties. The same applies in case of
a waiver of the written form.

8.4

8.5

8.6

8.7

8.8

All contracts concluded between the supplier as one party and the client as the other party, and legal
relationships related thereto are governed by the laws of the Czech Republic. The contractual parties
explicitly agreed on excluding the application of the UN Convention on Contracts for the International
Sale of Goods of 1980.
Delivery of documents related to the contract, which these Terms & Conditions are appended to, is
possible through a mail carrier to a place of business of the contractual parties stipulated at the header of
the contract. If the document is not delivered to the other contractual party or if the date of delivery is
disputed, the delivery date is the third day after provable dispatching of the document. Delivery is also
possible via email. Electronic addresses of the contract participants suitable for legal acts without a
certified signature are stipulated at the header of the contract. An email message is provably delivered in
case when the delivery is proven: a) by sending an email, and simultaneously b) by receiving a delivery
receipt about message acceptance to the email inbox of the addressee c) while simultaneously fulfilling
the condition that the addressee or/and sender will list the email addresses at the header of the contract is
fulfilled.
None of the participants of individual contracts concluded between the supplier as one party and the
client as the other party is entitled to inform unauthorised third parties in any way about the content of
the rights and obligations resulting for each of them from individual contracts concluded between the
client and supplier unless this is explicitly agreed by them otherwise.
All disputes resulting from this contract and in connection herewith shall be finally decided by the
Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural
Chamber of the Czech Republic, case site in Ostrava, according to its order by one arbitrator appointed
by the president of the Arbitration Court.
The rights and obligations arising from individual contracts subject to these Terms & Conditions pass on
any possible legal successors of the contractual parties.

In Opava on 1 February 2015

Published on www.global-cards.eu on 1 February 2015

________________________________________________
Martin Holua
Executive Director
Global Cards s.r.o

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HULVA & PARTNERS s.r.o., Law Firm, 2014