General Terms and Conditions of the company 3OK s.r.o.
I. General provisions
1. These General Terms and Conditions (hereinafter only the “GTC”) regulate the rights and obligations of the contractor and the customer in connection with the production of vinyl records according to the customer’s requirements. The contractor and the customer are subject to the GTC applicable at the time of acceptance of the contractor’s quotation by the customer, whereby the customer, by accepting the quotation, confirms that he or she has read the GTC and agrees to them.
2. For the purposes of these GTC, the contractor means the company 3OK s.r.o., with its registered office at Slatinská 1, 821 07 Bratislava – Vrakuňa, a company registered in the Business Register of the District Court Bratislava I, Section Sro, Insert No. 165397/B, Company ID No.: 55 049 061 (hereinafter only the “Contractor”).
3. For the purposes of these GTC, the customer means any natural or legal person who has made a binding order for any of the works offered by the Contractor (hereinafter only the “Customer”).
4. The Customer is a consumer if it is a natural person who is not acting within the scope of its trade or other business activity (hereinafter only the “Consumer”) when concluding and executing the contract for work. By accepting the Contractor’s quotation, the Customer, who is a Consumer, confirms that the Contractor has duly and timely fulfilled its information obligations before concluding the contract for work pursuant to Section 3 of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded outside the Seller’s Premises as amended.
5. For the purposes of these GTC, the work means the production (pressing) of vinyl records, including the printing of labels and their packing into appropriate packaging according to the Customer’s requirements (hereinafter collectively only the “Work”).
6. For the purposes of these GTC, the record means an audio record submitted by the Customer to the Contractor for the purpose of executing the Work (hereinafter only the “Record”). The Record shall be provided in the format required by the Contractor.
7. For the purposes of these GTC, the contract means the contract for work entered into between the Contractor and the Customer under which the Contractor undertakes to the Customer to execute the Work for the Customer at the Contractor’s own risk and under the terms and conditions agreed in the Contract and the Customer undertakes to take over the Work and to pay to the Contractor for the ordered Work the price for the execution of the Work and the price for the delivery of the Work (hereinafter only the “Contract”). The Contractor and the Customer acknowledge that the GTC are an integral part of each Contract. In the event that the Contractor and the Customer enter into a written Contract in which they agree on terms and conditions different from the GTC, the provisions of such Contract shall prevail over the GTC.
8. For the purposes of these GTC, the Contractor’s website means the website – the Contractor’s domain www.3ok.sk (hereinafter only the “Contractor’s Website”). The presentation of the Works on the Contractor’s Website does not constitute a legally binding offer for the conclusion of the Contract, but a non-binding online catalogue of the Contractor, which is of a merely indicative nature, whereby the Contractor is not obliged to conclude a Contract in respect of the presented Works.
9. For the purposes of these GTC, the Commercial Code means Act No. 513/1991 Coll., the Commercial Code (hereinafter only the “Commercial Code”).
10. For the purposes of these GTC, the Copyright Act means Act No. 185/2015 Coll., the Copyright Act (hereinafter only the “Copyright Act”).
11. For the purposes of these GTC, the Act on Consumer Protection in Distance Contracts means Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Premises as amended (hereinafter only the “Act on Consumer Protection in Distance Contracts”).
II. Rights and obligations of the contracting parties
1. The Contractor undertakes to execute the Work at his own risk, in the scope, quality and time agreed in the Contract.
2. The Customer undertakes to pay the Contractor the price for the execution of the Work and the price for the delivery of the Work duly and timely, according to the payment terms agreed in the Contract.
3. The Contractor and the Customer undertake to provide each other with the necessary cooperation in the performance of the obligations under the Contract and to notify each other of all circumstances and information that may affect the proper execution and delivery of the Work according to the terms agreed in the Contract.
4. The Contractor and the Customer have agreed that the Contractor is entitled to subcontract the execution of the Work/parts of the Work to a third party (subcontractor), even without the express consent of the Customer.
5. The contracting parties shall treat any data, information or documents that they have provided or acquired in any way in connection with the conclusion and/or execution of the Contract as information of a confidential nature and/or information that is the subject of a trade secret (if they meet the requirements pursuant to Section 17 of the Commercial Code).
6. The contracting parties undertake to observe the principles of protection and confidentiality when dealing with data, information and documents pursuant to section 5 of this clause of the GTC, whereby such data, information and documents may not be disclosed to third parties without the prior written consent of the other contracting party.
III. Conclusion of the Contract
1. The Customer is entitled to contact the Contractor with a request to send a quotation for the execution of the Work (hereinafter only the “Request”) in the following ways:
a. in person at the following address: 3OK s.r.o., Slatinská 1, 821 07 Bratislava, Slovakia
b. in writing at the following address: 3OK s.r.o., Slatinská 1, 821 07 Bratislava, Slovakia
c. by telephone at the following phone no.: +421 902 260 195
d. by e-mail to the following e-mail address: info@3ok.sk
2. The Customer’s Request according to section 1 of this clause of the GTC must contain at least:
a. identification of the Customer in the extent of name, surname, residence, or business name, registered office/place of business, Company ID number, TAX ID number, or VAT ID number and contact of the Customer (phone number and e-mail address of the Customer),
b. definition of the Work in which the Customer is interested and its specification (number of pieces, method of execution of the Work, packaging requirements, etc.),
c. the address of the place of delivery of the Work (unless this is specified in the Request, the Work is to be delivered to the Customer’s residence/registered office address/place of business); and
d. any other terms and conditions for delivery of the Work, as well as any other information necessary for the proper delivery of the Work by the Contractor.
3. By sending the Request, the Customer – natural person provides the Contractor with his or her personal data to the extent necessary for the processing of the Customer’s Request. The extent and purpose of the processing of personal data is set out in the document entitled Information on the processing of personal data, which is available on the Contractor’s Website.
4. On the basis of the Request, the Contractor shall prepare a quotation for the execution of the Work, together with the price for the execution of the Work, the cost of delivery of the Work, the time limit for the execution of the Work and any other conditions for the
execution of the Work. Such quotation shall be deemed to be a binding offer for the conclusion of the Contract (hereinafter only the “Price Quotation”).
5. Acceptance of the Price Quotation shall be made by the Customer by e-mail to the e-mail address info@3ok.sk. Acceptance of the Price Quotation by the Customer shall constitute a Contract between the Contractor and the Customer. By accepting the Price Quotation, the Customer also confirms that he or she has read the GTC and agrees to them.
6. After acceptance of the Price Quotation, the contents of the Contract may be amended or supplemented only by express written agreement of the contracting parties or by written instructions of the Customer to which the Contractor has expressly and demonstrably agreed.
7. The Contractor is entitled to contact the Customer if there are any discrepancies regarding the Request or the execution of the Work. The Customer’s contact details shall only be used for the purpose of the proper execution of the Work and shall not be used for promotional purposes unless the Customer has given the Contractor express consent to do so.
8. The Contract shall be concluded by means of remote communication. The cost of the means of long-distance communication shall not differ from the internet service provide’s rate and the Contractor shall not charge any additional fees in this respect.
IV. Execution of the Work
1. Upon conclusion of the Contract, the Contractor shall submit to the Customer its requirements for the Record and other materials (including materials for the production of the relevant packaging), the provision of which by the Customer is necessary for the proper execution of the Work (hereinafter only the “Materials”).
2. The Customer shall provide the Record and the Materials to the Contractor within the time and in the manner required by the Contractor. If the Customer fails to provide the Contractor with the Record and the Materials within the time limits and in the manner required by the Contractor, even within an additional period of ten (10) business days from the date of receipt of the Contractor’s request, the Contractor is entitled to withdraw from the Contract. If the Contractor has already started the execution of the Work, the Contractor is entitled to damages.
3. The Customer declares that the Customer is the executor of the proprietary rights to the sound content of the Record and that the execution of the Work does not infringe any legal regulations, in particular the Copyright Act. In the event that the Customer’s declaration under this section of this clause of the GTC proves to be false and the Contractor suffers damage as a result, the Customer undertakes to indemnify the Contractor against the damage.
4. If the Contractor finds out that the Record may infringe legal regulations, in particular the Copyright Act, or may be in breach of good morals, the Contractor reserves the right to refuse execution or delivery of the Work and is entitled to withdraw from the Contract. If the Contractor has already started the execution of the Work, the Contractor is entitled to damages.
5. Upon receipt of the Record and the Materials, the Contractor shall inspect them. If the Record and the Materials are not directly technically usable for the purposes of the manufacturing processes used by the Contractor, the Contractor is entitled to return them to the Customer for modification. The cost of modifying the Record and the Materials shall be borne by the Customer. If the Contractor incurs additional costs for the execution of the Work due to incorrect/incomplete Records and Materials supplied by the Customer, the Customer agrees to indemnify the Contractor against such costs.
6. If unusual effects are used in the Records and the Materials (e.g. atypical pauses in the Record, hidden track in the Record, non-standard graphics on the cover, etc.), the Customer is obliged to notify the Contractor of such fact in writing. The Contractor is not liable for any defects in the Work caused by the Customer’s failure to comply with the obligation under the preceding sentence of this section of this clause of the GTC.
7. Upon acceptance of the Price Quotation, the Contract shall also include the setting of a time limit for the completion of the Work. The commencement of the time limit for completion of the Work shall be deemed to be the date on which the Contractor has received complete and error-free Records and Materials from the Customer, and this has been confirmed in writing by the Contractor.
8. However, the time limit for completion of the Work pursuant to section 7 of this clause of these GTC shall not commence until the Customer has paid the Contractor an advance payment for execution of the Work pursuant to section 2 of clause VI of these GTC, if the Contractor requires an advance payment for execution of the Work.
9. The time limit for completion of the Work pursuant to section 7 of this clause of these GTC may also be extended in the event of changes to the Work carried out by the Contractor with the consent of or at the request of the Customer, by the time necessary to carry out the changes in question beyond the originally agreed specification of the Work.
10. In the event that defects are subsequently detected in the Records and Materials already accepted by the Contractor, the time limit for completion of the Work shall not run from the date of notification of the detected defects in the Records and Materials to the Customer and the time limit shall continue to run on the date of delivery of the corrected/completed Records and Materials. In case the Customer fails to provide the Contractor with the corrected/completed Materials even within an additional period of 10 (in words ten) business days from the date of receipt of the Contractor’s notification, the Contractor is entitled to withdraw from the Contract. In case the Contractor has already started the execution of the Work, the Contractor is entitled to damages.
11. The Contractor and the Customer have agreed that the Contractor shall carry out a sample Work, the so-called test press. For the purposes of these GTC, the execution of a sample Work shall mean the Contractor’s production of a specified number of pieces of
Work for inspection and approval of the sound quality by the Customer. For the avoidance of any doubt, the sample Work is solely for the purpose of the Customer’s assessment of the sound quality of the Work. As long as the Customer agrees to at least one (1) piece of vinyl record from the sample Work provided by the Contractor, the Customer shall be deemed to agree with the sound quality of the Record of the Work.
12. Unless otherwise agreed, the Contractor shall send the sample Work pursuant to section 11 of this clause of these GTC to the Customer by postal or courier service to the address specified in the Request or to such other address as the Customer may notify to the Contractor for this purpose. The costs associated with the delivery of the sample Work shall be borne by the Customer.
13. The Customer is obliged to comment on the sample Work no later than 10 business days from the date of delivery of the sample Work. If the Customer does not comment on the sample Work within this period, the time limit for delivery of the Work shall not run from the day following the expiration of the time limit according to the previous sentence of this section of this clause of the GTC and shall continue on the day on which the Customer comments on the sample Work. If the Customer does not comment on the sample Work, even within an additional period of 10 (in words ten) business days from the date of receipt of the Contractor’s request, the Contractor is entitled to withdraw from the Contract. In such case the Contractor is entitled to damages.
14. Without the Customer’s approval of the sample Work, it is not possible to proceed with the execution of the Work.
15. The Customer’s objections to the sample Work shall be deemed to be a change in the requirements from the agreed requirements. Upon receipt of the Customer´s objections to the sample Work, the Customer shall cease to have the right to have the Work completed within the time limit pursuant to section 7 of this clause of these GTC. The Contractor and the Customer shall agree on a new time limit for the completion of the Work.
16. The Contractor reserves the right to execute the Work with a tolerance of +/- 10%.
17. If the Contractor executes the Work or an agreed part thereof before the agreed date, the Customer undertakes to accept the Work or the agreed part thereof on an earlier offered date.
18. If the Contractor, for reasons on his side, fails to meet the agreed time limit for the execution of the Work and does not execute the Work even within an additional period of 20 (twenty) business days from the date of receipt of the Customer’s request, the Customer is entitled to withdraw from the Contract.
19. The Contractor is entitled, but not obliged, to retain the Materials referred to in section 1 of this clause of these GTC provided by the Customer to the Contractor for a period of 24 months from the date of takeover of the last order of title in question. At any time during this period, the Customer is entitled to request the Contractor to release or remove the Materials. The Contractor shall also be entitled, but not obliged, to retain the production materials made by the Contractor from the Materials provided by the Customer (e.g. matrices, copies and other production materials) for a period of 24 months.
V. Handover and takeover of the Work
1. The Customer is obliged to take over the completed Work.
2. Unless otherwise agreed, the Contractor shall send the Work to the Customer by postal or courier service to the address specified in the Request, or to other address notified by the Customer to the Contractor for this purpose. The costs of delivery of the Work shall be borne by the Customer.
3. The Contractor reserves the right to change the cost of delivery of the Work (as compared to the price stated in the Price Quotation) following changes in the prices of postal and courier services.
4. The risk of damage to the Work shall pass to the Customer upon takeover of the Work by the Customer. Takeover of the Work shall be deemed to be the moment when the Contractor allows the Customer to dispose of the Work. If the Contractor is obliged under the Contract to hand over the Work to the carrier, the risk of damage to the Work shall pass to the Customer when the Work is handed over to the carrier.
5. The delivered Work remains the property of the Contractor until the agreed price for the Work is paid in full.
VI. Price and payment terms
1. The Customer shall pay the Contractor the price for the execution of the Work and the cost of delivery of the Work under the Contract.
2. The Contractor and the Customer agree that the Contractor is entitled to require an advance payment for the execution of the Work up to 100% of the price for the execution of the Work.
3. The Contractor and the Customer have agreed that the Contractor shall issue an invoice to the Customer for the execution of the Work. The invoice shall be due and payable by agreement between the Contractor and the Customer 14 days from the date of its issuance.
4. The Customer undertakes to pay the Contractor the price for the execution of the Work and the cost of delivery of the Work according to the Price Quotation, by transfer to the Contractor’s bank account, unless otherwise agreed by the contracting parties. The price for the execution of the Work shall be deemed to have been paid when it is credited to the Contractor’s bank account.
5. In the event of default by the Customer in payment of the price for the execution of the Work, the Contractor is entitled to payment of a contractual penalty of 0.05% of the amount due for each day of default.
6. During the period of default of the Customer in paying the price for the execution of the Work, the Contractor shall not be in default in fulfilling its obligation to deliver the Work within the agreed period.
7. By accepting the Price Quotation, the Customer grants the Contractor, pursuant to Section 71(1)(b) of Act No. 222/2004 Coll. on Value Added Tax as amended (hereinafter only the “VAT Act”), express consent to issue an electronic invoice for the payment of the price for the execution of the Work. By accepting the Price Quotation, the Contractor acquires the right, but not the obligation, to issue and send an electronic invoice to the Customer as an invoice for the agreed price for the execution of the Work. For the avoidance of any doubt, the Contractor and the Customer acknowledge that the Contractor retains the right to issue and send to the Customer a paper invoice. The Contractor and the Customer acknowledge that an electronic invoice is a full substitute for a paper invoice within the meaning of Section 71(1)(a) of the VAT Act.
8. The Contractor undertakes to deliver the electronic invoice to the Customer according to section 7 of this clause of these GTC by e-mail to the Customer’s e-mail address as a PDF document (with *.pdf extension). The contracting parties acknowledge that the Contractor is not obliged to sign the electronic invoice with a guaranteed electronic signature in accordance with Section 23 of Act No. 305/2013 Coll. on the electronic form of exercise of the powers of public authorities as amended (e-Government Act).
9. The electronic invoice pursuant to section 7 of this clause of these GTC shall be deemed to have been delivered on the first business day from the date of sending the electronic invoice from the Contractor’s e-mail address and the effects of its delivery shall occur even if the Customer has not become aware of it. The Customer is obliged to notify the Contractor in advance of any change that could affect the delivery of the electronic invoice under the terms agreed in these GTC.
VII. Liability for defects in the Work
1. The Work shall be executed in the workmanship and quality agreed in the Contract, otherwise in the workmanship and quality which are customary.
2. The Contractor shall be liable for defects that the Work has when it is handed over to the Customer.
3. The Customer is obliged to inspect the Work and to submit any apparent defects, as well as defects relating to the quantity of the Work or damage to the packaging of the Work, in writing within the period of 10 business days from the date of takeover of the Work.
4. The Contractor is also liable for defects arising during the warranty period. The warranty period is 24 months and begins upon handover of the Work to the Customer.
5. The Contractor shall not be liable for defects in the Work caused by the use of Records and Materials provided by the Customer and the Contractor, even with the exercise of all due care, could not have detected their unsuitability, or have detected their unsuitability but the Customer insisted on their use. The Contractor shall not be liable for defects in the Work caused by improper use of the Work, improper storage of the Work or damage to the Work by the Customer.
6. The Customer is obliged to complain about the defect that occurs within the warranty period without undue delay after becoming aware of the defect by e-mail to the e-mail address info@3ok.sk. When submitting a complaint, the Customer is entitled to indicate the preferred method of handling the complaint according to section 9 of this clause of these GTC.
7. The Customer is obliged to return the complained goods back to the Contractor without undue delay from the discovery of the defects.
8. The Contractor is obliged to inform the Customer about the eligibility of the complaint and the method of handling the complaint by sending an e-mail to the Customer’s e-mail address or by calling the Customer’s telephone number.
9. The Contractor is obliged to handle the complaint in one of the following ways:
a. by completing the missing Work,
b. by replacing the defective Work,
c. by refunding the price for execution of the Work,
d. by payment of a reasonable discount on the price for execution of the Work,
e. by reasoned rejection of a complaint.
10. The handling of the complaint shall apply only to the defects specified by the Customer when making the complaint.
VIII. Withdrawal from the Contract
1. The Contract may be withdrawn from in the cases provided for in the Contract or by law.
2. Withdrawal from the Contract terminates the Contract. However, withdrawal from the Contract shall not extinguish the right to payment of a contractual penalty or the right to damages already accrued.
3. If the Contractor withdraws from the Contract due to the Customer’s default, the Contractor shall be entitled to the price to which it is entitled to be paid under the Contract. However, what the Contractor has saved by not executing the Work in full shall be deducted from this price.
4. The Consumer acknowledges that, in accordance with Section 7 (6) of the Act on Consumer Protection in Distance Contracts, the Consumer cannot withdraw from the Contract without giving a reason, as the subject of the Contract is the delivery of the Work made to the Consumer’s specific requiremens.
IX. Delivery of documents
1. Documents concerning the obligations between the contracting parties arising from these GTC and the Contract shall be delivered in person, by post or by e-mail.
2. One contracting party (the sender of a document) shall deliver documents by post to the other contracting party (the addressee of the document) at the registered office address registered in the Business Register (or other relevant register) or at the address notified by the contracting party to the other contracting party for this purpose. If it is not possible to deliver the document to the addressee at that address and/or if the post office has returned the document to the sender as undeliverable and/or if the addressee of the document has refused to accept it, the date of delivery of the document shall be deemed to be the third day after the document has been sent to the addressee of the document by registered post to the addressee of the document at its registered address registered in the Business Register (or other relevant register) or at the address which the contracting party shall notify to the other contracting party for that purpose. The effects of delivery occur even if the addressee of the document has not become aware of it.
3. Documents shall be delivered by electronic mail by one contracting party (the sender of the document) to the other contracting party (the addressee of the document) at the electronic mail address of the contracting party specified in the Price Quotation. A document delivered by electronic mail shall be deemed to have been delivered on the first business day following the date of sending of the e-mail to the e-mail address of the contracting party specified in the Price Quotation, even if the addressee of the document has not become aware of it.
4. If the residential/registered office address of either of the contracting parties or the e-mail address changes, the contracting party shall notify the other contracting party in writing of the new residential/registered office address or e-mail address without undue delay. In the event of failure to comply with this obligation, delivery shall be made to the addresses originally designated, in accordance with the procedure set out in sections 2 and 3 of this clause of these GTC.
X. Force majeure
1. Each contracting party shall have its obligations arising from the Contract suspended if an event of force majeure occurs, on the condition that it will inform the other contracting party of this event without undue delay. The party affected by such an event undertakes to reduce the fulfilment of its obligations under the Contract only in proportion to the damage associated with the force majeure event.
2. Within the framework of the Contract, any unforeseeable and unavoidable event beyond the control of the party is considered an event of force majeure.
XI. Final Provisions
1. These GTC become valid and effective on the date of their publication on the Contractor’s Website.
2. The Contractor reserves the right to change these GTC. The obligation to notify changes to the GTC shall be deemed to have been fulfilled on the date of publication of the change or on the date of publication of the new version of the GTC on the Contractor’s Website.
3. If any provision of these GTC is or becomes invalid or ineffective in the future, this shall not affect the validity and effectiveness of the remaining provisions of these GTC. In such a case, other provisions of these GTC or provisions of generally binding legislation of the Slovak Republic shall apply.
4. Legal relations governed by these GTC and the Contract shall be governed by the law of the Slovak Republic (agreement on applicable law), in particular by the provisions of Section 536 and following of the Commercial Code.
5. Any disputes arising out of these GTC and the Contract shall be subject to the jurisdiction of the general courts of the Slovak Republic (agreement on jurisdiction).
6. These GTC are drawn up in Slovak and English languages. In the event of any conflict between the Slovak and English versions, the Slovak version shall prevail.
7. The supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region, Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava, Supervision Department, telephone number: +421 2/58 27 21 72, +421 2/58 27 21 04.
8. Possible disputes between the Contractor and the Consumer may also be resolved by means of alternative dispute resolution within the meaning of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes. In this case, the Consumer is entitled to contact the subject of alternative dispute resolution, which is e.g. SOI, or another authorized legal entity.