Legal notice
General Terms regarding the merchandise of Displaay Type Foundry s.r.o.
1. INTRODUCTION
1.1 These are the terms and conditions (T&C) of Displaay Type Foundry s.r.o., ID No.: 09224823, registered at the Municipal Court in Prague under C 332873, with its registered office at U libeňského pivovaru 2442/6, Libeň, 180 00 Prague 8 (Displaay), governing the purchase and sale of goods (other than fonts) offered by Displaay to its customers in its e-shop at https://displaay.net/offline/ (Eshop).
1.2 The term “goods” means any items and products whatsoever (such as, for instance, clothes, accessories, publications, posters etc).
1.3 These T&C do not apply to the purchase or the licensing of fonts created by Displaay and offered in the e-shop operated at https://displaay.net. The general terms and conditions and the licensing terms of Displaay relevant to the font software and typefaces are accessible on the following link: https://displaay.net/about/legal/terms-conditions/.
1.4 These T&C govern and form an integral part of any purchase contract between Displaay and any its customer (Customer) regarding the purchase of any goods available in Eshop.
1.5 The presentation of goods in Eshop does not constitute a legally binding offer; Eshop is a non-binding online catalog. Displaay is not obliged to conclude a purchase contract in respect of the presented goods.
2. CONCLUSION OF CONTRACT
2.1 Customer orders goods by marking the individual selected goods in Eshop, filling in its contact and billing details in the order form, selecting the delivery and payment method and submitting the order by clicking respective buttons in Eshop (Order).
2.2. Upon receipt of Order, Displaay confirms the acceptance of Order by email to Customer upon which acceptance the sale and purchase contract in respect of the relevant goods is concluded between Displaay and Customer (Contract).
2.3 Customer agrees to concluding Contract by means of remote communication. The costs of the means of remote communication do not differ from standard market rate and Displaay does not charge any additional costs for such remote communication.
2.4 Customer acknowledges that Displaay is not obliged to confirm any Order.
3. PAYMENT AND DELIVERY
3.1 Customer shall pay to Displaay the price for the ordered goods stated in Eshop (Price).
3.2 Price includes VAT, all statutory charges and costs of shipping of the ordered goods (depending on the method of shipping and/or the delivery services chosen by Customer in respect of the relevant purchase).
3.3 Displaay shall ship ordered goods following Displaay’s confirmation of Order and the receipt of the payment of Price. Displaay shall use its best efforts to deliver the ordered goods within the delivery terms stated in Eshop in respect of the method and service of delivery chosen by Customer. The delivery terms are not binding upon Displaay.
3.4 If the ordered goods are not delivered to Customer due to reasons on Customer‘s side (in particular, without limitation, failure to take over the ordered goods at the agreed time), Customer shall reimburse to Displaay the costs associated with the re-delivery of ordered goods.
3.5 The ownership right and the risk of damage to the ordered goods shall pass to Customer upon delivery of ordered goods to Customer.
3.6 Displaay will issue the invoice for the relevant purchase after the payment of Price by Customer. Displaay will deliver the invoice in electronic form to Customer's email, unless otherwise requested by the Customer.
4. ADDITIONAL INFORMATION FOR CONSUMERS
4.1 This clause 4 only applies to Contract concluded between Displaay and Customer who is a Consumer, i.e. any natural person who concludes a Contract outside the scope of its business activity.
4.2 Consumer has the right to withdraw from Contract without stating a cause within 14 days from the date of the receipt of ordered goods.
4.3 Withdrawal from Contract must be delivered to Displaay at its delivery address or e-mail address (specified in clause 7). Upon delivery of a withdrawal made in accordance with this clause, the obligations arising under Contract shall be canceled with effect from the moment of its execution. Consumer must ship the goods to Displaay within 14 days of withdrawal from Contract. Below is a sample text for withdrawal from Contract by Consumer:
I have decided to withdraw from contract dated [DD.MM.YEAR], invoice number .......... and I request a refund of the purchase price to the bank account number .......... .
Date, name and signature
4.4 Consumer is not entitled to withdraw from Contract if it concerns the delivery of ordered goods which:
(a) has been modified to Consumer‘s requirements or adapted to Consumer‘s personal needs,
(b) is perishable or has a short shelf life, or which has been irretrievably mixed with other goods by its nature after delivery, or
(c) Consumer has removed from its sealed packaging and which, for health or hygiene reasons, is not suitable for return after it has been used by Consumer.
4.5 In the event of withdrawal from Contract, Consumer shall bear the costs associated with the return of the goods if it cannot be returned by normal postal means due to its nature.
4.6 If Consumer withdraws from Contract, Displaay shall not be obliged to return Price to Consumer before he/she hands over the goods to Displaay or proves that it was shipped to Displaay.
4.7 Displaay is entitled to unilaterally set off any claim for compensation of damage to the goods against any Consumer’s claim for a refund of Price.
5. LIABILITY FOR DEFECTS
5.1 Displaay shall be liable to Customer that the purchased goods are free from defects upon their receipt by Costumer. In particular, Displaay shall be liable to Customer that at the time of delivery of the goods:
(a) they have the characteristics listed in Eshop,
(b) they are delivered in the agreed quantity, measure or weight,
(c) they comply with the statutory requirements.
5.2 As soon as Customer discovers a defect, he/she shall notify Displaay thereof without undue delay and hand over the defective goods to Displaay or store them according to Displaay’s instructions so that the defect can be examined. If Customer fails to notify the defect without undue delay after he/she could have discovered it with due care, the remedy of the defect is deemed unenforceable.
5.3 In case Customer is a Consumer, the goods are deemed defective upon receipt if the defect occurs within 12 months of receipt of the goods by Consumer.
5.4 Non-material breach. If a defect constitutes a non-material breach of Contract, Costumer may request:
(a) removal of the defect, or
(b) reasonable discount from Price.
5.5 Material breach. If a defect constitutes a material breach of Contract, Costumer may:
(a) request replacement by a defect-free goods,
(b) request removal of the defect by repair of the defective goods,
(c) request reasonable discount from Price, or
(d) withdraw from Contract.
5.6 The reasonable discount shall be determined as the difference between the value of goods without defect and the defective goods.
5.7 Customer must inform Displaay of the remedy he/she has chosen, when notifying the defect. Customer may not change the choice without Displaay’s consent unless Customer has requested repair of a defect that proves to be irreparable. If Customer requires the removal of the defect but Displaay fails to remove it within 60 days of the defect being identified or if Displaay notifies Customer that it will not remove the defect, Customer shall change the type of remedy without undue delay.
5.8 Customer shall be liable to Displaay for any diminution in the value of the goods resulting from handling goods by Customer other than as necessary to get acquainted with the nature, characteristics and functionality of the goods.
5.9 Customer may claim defects within 24 months of receipt of defective goods.
6. PRIVACY POLICY
6.1 In order to provide services to Customers, Displaay must process certain personal data. Details are set out in the Privacy Policy available at https://displaay.net/about/legal/privacy-policy/.
7. RULES OF COMMUNICATION
7.1 Contact details of Displaay:
(a) e-mail address: offline@displaay.net
(b) delivery address: Displaay, Polská 2400/1a, 120 00 Prague, Czech Republic
(c) telephone: +420 608 45 05 45
7.2 The primary method of communication between Displaay and Customer is email (exclusively via the above email address). If Customer communicates with Displaay via postal services (and only via the above delivery address), Customer bears the cost of such communication and Displaay reserves the right to respond via email in this case (if the Customer provides his/her email address).