General Terms and Conditions
We are not fans of long terms. But because we’re committed to making sure our services are fair and that everyone’s happy with them, we’ve listed below the basic parameters that govern the purchase of packages and gift vouchers.
By purchasing a product on our website www.tvorbalogalevne.cz, you confirm that you have read, understood and agree to these general terms and conditions (hereinafter also “Terms and Conditions”). By agreeing to these Terms and Conditions, they become part of our joint agreement, on the basis of which we, the HOX red s.r.o. company, as a provider, will provide the Service to you as a user, by which we mean the sale of graphic designs and everything connected with it. Unless these Terms and Conditions provide otherwise, we conclude this agreement with you at the moment you order one of the three packages (specifically Saver, Entrepreneur, Dotted) or one of the gift vouchers (specifically Saver, Entrepreneur, Dotted) or one of the additional services (specifically Logo manual , Business card package, Online package.
As you probably know, we primarily communicate remotely. Therefore, even for our joint agreement, the means of remote communication are used, which allow us to reach an agreement without the simultaneous physical presence of the contracting parties.
If any part of the Terms conflicts with what we agreed to together as part of the ordering process for our product and we have an online written record of that, it will take precedence over these Terms.
1. Some definitions
1.1. We, as the operator, are the company HOX red s.r.o., with registered office Rybná 716/24, Staré Město, 110 00 Prague, IČ 07066228, registered in the commercial register under sp. stamp C 294064 held at the Municipal Court in Prague.
1.2. You are a user who purchases our products, our customer, who is identified by name, surname, or the name of the order, identification number and registered office in the e-shop administration.
1.3. The logo is the final graphic product that you will receive after proper payment for the product in the ordering process.
1.4. E-shop is an online store (internet application) intended for the sale of goods or services through the internet address www.tvorbalogalevne.cz, the main functionality of which is the selection and ordering of a product by the user.
1.5. A purchase contract is a contract according to (§ 2079 par. 1 NOZ) where the seller undertakes to hand over to the buyer the thing that is the subject of the purchase and to enable him to acquire the ownership right to it. The buyer undertakes to accept the item and pay the seller the purchase price
1.6. The service is the creation of a graphic design or the sale of a gift voucher, which you can order at www.tvorbalogalevne.cz. The service also includes fulfillment provided to measure on the basis of an Individual Order.
2. Information for users before concluding the contract
2.1. The operator concludes contracts, the subject of which is the provision of services and contracts according to which copyrighted digital content is delivered in the online distributor’s file sharing folder on Google Drive, email or other external media.
3. Contract conclusion process
3.1. Through the E-shop, the Operator offers Users the conclusion of a Purchase Agreement. The Operator’s offer to conclude a Purchase Agreement is the display of a button marked “Add to basket” in the user interface of the E-shop.
3.2. Unreserved acceptance of the Operator’s offer to conclude a Purchase Agreement according to paragraph 3.1 of these Terms and Conditions by the User is considered to be a click on the given button labeled “Order”.
3.3. Unreserved acceptance of the offer according to paragraph 3.2 of these Terms and Conditions constitutes a Purchase Agreement.
3.4. The contract is concluded at the moment when the electronic information about clicking the button in the sense of paragraph 3.2 by the User reaches the server where the E-shop is installed via the Internet.
3.5. The user undertakes to fill in the relevant text fields in the user environment of the E-shop with true and complete data, in particular his email address, identification data and possibly the delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is not authorized to check the data entered.
3.6. The Operator sends the User an e-mail message about the summary of the order and thus the Purchase Agreement is concluded, to the e-mail address entered by the User in the relevant field in the user environment of the E-shop.
3.7. All Goods presented within the user environment of the E-shop are only informative and the Operator is not obliged to conclude a Contract regarding these Goods. The provisions of § 1732, paragraph 2 of the Civil Code shall not apply.
4. Purchase contract
4.1. Upon conclusion of the Purchase Agreement, the following provisions enter into force:
4.1.1. The User purchases from the Operator the Goods that the User has chosen in the user environment of the E-shop by placing them in the Shopping Basket, in the quantity that the User has chosen and/or set for the given Goods in the user environment of the E-shop, and the User undertakes to pay the Operator for given goods the price that is stated in such Goods in the user environment of the E-shop.
4.1.2. The operator has the right until the moment of dispatch of the Order
the User may withdraw from the Purchase Agreement for any reason or without giving a reason. The legal action of the Operator consisting of notifying the User that he cannot deliver the Goods ordered by him is considered a withdrawal from the Purchase Agreement.
4.1.3. The Operator is entitled to ask the User for additional confirmation of the order at any time and until he receives the order confirmation from the User, he is entitled to delay sending the Goods to the User.
4.1.4. The Operator reserves the right of ownership to the Goods, which are the subject of the Purchase Agreement, until full payment of the purchase price for the given Goods by the User.
4.1.5. The Operator undertakes to deliver the Goods to the User within a reasonable time from the conclusion of the Purchase Agreement. All deadlines for the delivery of Goods listed in the user interface of the E-shop are indicative only.
4.1.6. The Operator will send the User a tax document – an invoice in electronic form, to the User’s email address entered during the order in the E-shop User Environment.
4.1.7 The User is entitled to exercise the right to withdraw from the contract and the right from defective performance in writing to info@tvorbalogalevne.cz. The operator then evaluates the status of the order process and, at its own discretion, sends a proportionate amount of the order price back to the user to the account from which the payment was made.
5. Individual order
5.1. If you are interested in one of our packages or gift vouchers, you can send us an individual order (hereinafter also “Individual Order”) to our contact e-mail.
5.2. In the Individual Order, you must state your idea of what you require from us. We will consider your Individual Order, and if we need to specify anything, we will contact you with additional questions. After they have been answered, we will send you a binding price offer, which is valid for 14 days from the date of issue, and the date of making the package you are interested in. After receiving this offer, you have 2 business days to reject it. If you accept our offer or do not reject it within the specified period, the Individual Order is concluded in the wording of our offer.
6. Price
6.1. The price for the product depends on the tariff you order (more on this on the website https://www.tvorbalogalevne.cz). The price for the Service includes only those partial fulfillments and parameters that are explicitly stated in the specific package. If the Service was concluded on the basis of an Individual Order, then the price is shown in the price offer that you confirmed to us.
6.2. In the event that we charge you for the provision of the service according to the hourly rate, the invoice will always be issued retroactively after the provision of additional work, based on the record of work performed by each of our workers.
6.3. As usual, all prices you receive from us are always quoted without VAT. The prices do not include any other fees either, as we do not anticipate the need to pay them. However, if the situation changes and it is necessary to pay, for example, additional taxes or duties, you will bear them.
6.6. If compared to the day we concluded our agreement on the provision of the Service or the day of the last price increase, the price growth index would reach at least 5%, we can unilaterally increase the price to the same extent, even repeatedly. And if we happen to list an obviously incorrect price somewhere, we do not have to provide you with the Service at that price.
7. Payment terms
7.1. The price for the Service or Logo is paid according to the chosen frequency of payment in advance
by transfer to the account specified in the call for payment issued by us with payment details, which will be due at least 5 days after it is issued, or
by payment from a payment card using the payment gateway that is part of the e-shop.
7.2. We will issue you an invoice, i.e. a tax document, in accordance with Act No. 235/2004 Coll., on value added tax, as amended, and send it electronically to your e-mail address immediately after payment.
7.3. In all cases, the price is considered paid on the day the agreed amount is credited to our account. Until then, the delivery time according to the selected package is not deducted.
8. User authorization
8.1. Some parts in the proposals (for example, graphics, texts, photographs, let’s call it “our content”) may be protected by copyright and other intellectual property rights of us and third parties. Our content remains ours and we do not grant you any rights to it until the final delivery of the product (logo) with confirmation of termination of cooperation after sending you the final designs by email.
9. Confidentiality
9.1. During our cooperation, we will exchange a lot of information, including information that may be important for us or you to protect – so-called confidential information. Confidential Information is non-public information of a commercial or industrial nature, including trade secrets, and other non-public information that an average person would consider confidential in view of its content or the manner in which it was communicated. In order for you to know what to imagine under this wording, it will be in particular: our price offer for the Individual Order, documentation related to the Service, preparatory and conceptual materials, work procedures, business plans, know-how, our mutual á communications, including communications made prior to the conclusion of our agreement on the provision of the Service, etc.
9.2. We and you are obliged to keep all this information confidential, not to spread it anywhere and to protect it from misuse. They can only be used for the purpose of our mutual cooperation. If disclosure of confidential information is required by law, authorities or courts, we must notify each other. If you want to tell us something really confidential, please do not do so through unsecured e-mail communication, but agree with us on another way in which we will share this information.
10. Other points that we think are important to mention
10.1. We ask that you also observe the principles of decent behavior, especially when communicating with us in writing and by telephone.
10.2. If you fail to fulfill your obligation to pay the price under these Terms and Conditions on time and in full, we may transfer the claim/claims to a third party for proper collection in full, including all claims arising from the collection of the claim.
10.3. If you do not fulfill your obligation to communicate in the creation process and we do not receive your response or reason for postponement for 30 consecutive days. Your order will be canceled and you will be refunded 10% of the amount sent and you will not be granted the right to use it on any of our designs.
10.4. Information that is collected during the operation of the E-shop and/or that arises in connection with the provision of our services, we are entitled to process for the purpose of creating statistics and analyzes on the way of using the services and online shopping, in an anonymized and aggregated form, for commercial and non-commercial purposes. We are authorized to provide these statistics and aggregated data to third parties or users of our services.
10.5. We have the right to use all designs made for our own brand promotion and spreading our own name.
11. Processing of personal data
11.1. As part of our cooperation, some personal data will be made available or processed. The conditions for such work and the information to be processed can be found in our “Privacy Terms” document located on our website.
12. Communications
12.1. All communications and notices relating to our mutual relationship, in particular the formation, duration and termination of our agreement to provide the Service, subject to the exceptions agreed between us or set out in these Terms, will be made electronically via email, upon delivery of the email occurs when the electronic message is sent to the relevant e-mail address of the addressee, if this happens on working days between 8:00 a.m. and 5:30 p.m., otherwise at 8:00 a.m. on the first following working day, and if the delivery of the message is electronically confirmed to the sender from the same e-mail address to which the sender sent the e-mail (except for the delivery of orders). You undertake to use exclusively the e-mail address specified in the administration section of your account “Owner’s account” or from the e-mail address specified in “Store settings” in the “Invoicing data” section for communication purposes.
13. Final Provisions
13.1. Please note that we can access and change these Terms and Conditions or the mutual agreement on the provision of the Service, in particular the provisions on payment terms, communication and other rights and obligations of the parties.
13.2. All legal relationships that arise on the basis of these Terms and Conditions are governed by Czech law. We will resolve any disputes arising from it before the Czech courts determined by our registered office.
13.5. We archive all communications and mutual agreements in electronic form, or in written form and are not accessible.
13.7. It is an honor for us to work with you, so we would like to inform our other customers about our cooperation. For this purpose, unless you tell us otherwise, we may place your business name, logo, trademark or any other trade mark on our website in the references section and use it as a reference in our offers. However, if this becomes a problem for you for any reason, just say so and we will remove your company from our references.
13.8. These Terms are effective from 1.11. 2022.
Saver
Businessman
Stickler
Gift cards
