General Terms and Conditions of business
Welcome to Cerovski Print Boutique. The following Terms and Conditions of Business must be complied with in order to avoid unpleasant situations between the Client and Cerovski Print Boutique. Of course, there will be no such situations, but we are obligated to write that, and it is useful for you to read it.
Hereinafter, the terms “Print Run” and “Product” will mean the final work made by the Cerovski Print Boutique and delivered to the Client.
If you are entering into a business relationship with Cerovski Print Boutique, it will be considered that you have read the provisions of these General Terms and Conditions of Business and that you will follow the instructions indicated herein. Cerovski Print Boutique retains the right to update or amend these Terms and Conditions at any time without notice, provided that the amendments are publicly available. That is not our intention, but this is usually indicated in this type of text.
We recommend you to study the provisions of these General Terms and Conditions of Business each time when entering into a contractual relationship with Cerovski Print Boutique, if the contract refers to the Terms and Conditions. We hope that you will conclude many contracts with us, so you’ll probably know these Terms and Conditions by heart. General Terms and Conditions of Business are an integral part of any contract which refers to them or contains any provision thereof and they have the same legal status and effect as the contract. If there are inconsistencies between the contractual provisions and General Terms and Conditions of Business, special arrangements contained in the contractual provisions will be relevant.
Cerovski Print Boutique guarantees for the quality of its services and it is dedicated to the Client’s satisfaction. We do everything that we can in order to complete any task in accordance with the highest standards of quality and with the rules of the profession. We do not see any other way to do business.
Defects in the Client’s materials.
- As many orders of Products are carried out based on the materials delivered by the Client, we recommend that you follow certain rules indicated hereafter when preparing the material for printing or product preparation, because Cerovski Print Boutique will not be liable for any defects of the delivered product made from the material that is not compliant with the rules indicated.
- Cerovski Print Boutique will warn the Client about any defects of the material, and especially to defects arising from non-compliance with the rules indicated hereafter. In short, we will all act professionally. In case of any ambiguities, we will settle them as partners who trust each other.
- In the event that the Client demands for an order of Products to be completed using material that Cerovski Print Boutique has identified as being defective, Cerovski Print Boutique will proceed according to the Client’s request, unless it is obvious that the material is not suitable for the ordered work, or if completion of the task using the requested material might be detrimental to the reputation of Cerovski Print Boutique, in which case Cerovski Print Boutique is entitled to terminate the contract. We have to consider the possibility of such case, although we believe that such situations will not occur.
Delivery of the digital document by the Client. We’re sure you are aware of this, but we have indicated it anyway to avoid any confusion.
- Digital documents ready for printing should be delivered in PDF form.
- Document should not have any spelling or grammatical errors. Cerovski Print Boutique is not liable for spelling or grammatical errors.
- Cerovski Print Boutique is not liable for the reproduction of images in a document if they are of unsuitable quality or if they are not in CMYK mode.
- Cerovski Print Boutique is not liable for printing of black text smaller than 10 pt made in several colours.
- Cerovski Print Boutique is not liable for inaccurately printed letters if font is not embedded in a document.
- Cerovski Print Boutique is not liable for the quality of the Product if the total quantity of colour in PDF document is not defined in accordance with the rules applicable for a specific printing technique.
- The Client must keep in mind that if an ICC profile is invalid, colour deviations might be more than 10%. Cerovski Print Boutique is not liable for colour deviation on the print if printing is carried out without approved proof printing.
- If text and lines in a PDF document are not made as vector text and lines, Cerovski Print Boutique is not liable for the occurrence of aliasing in such elements.
- If thin lines and small and thin fonts are integral parts of a PDF document, and particularly if such lines and/or fonts are thinner than 0.5 pt, then Cerovski Print Boutique is liable for quality of reproduction of such elements only if proof print is made in the same printing technique which will be used for the Print Run, and if such proof print is approved by the Client.
- If in the process of creating the Product, Cerovski Print Boutique notices errors made by the Client in a document, it will warn the Client in good faith, but it will not be liable if it fails to notice the errors.
Agreement between the Client and Cerovski Print Boutique. You’re aware of this as well.
- When ordering the Product, the Client is obligated to provide all information required to make the Product to Cerovski Print Boutique.
- The Client is obligated to define the quality of the Product. For that purpose, it is recommended to arrange making of the proof print described in the following section, because a proof print will indicate the degree of Product quality. We would be very happy to do that.
- If the Client orders the Product of certain quality without agreeing to the proof print used to define the printing quality, Cerovski Print Boutique is not liable for the Product quality with regard to the part not defined by a proof print, if the quality of such Product complies with the standards established by the rules of profession. Logically, we’d prefer it if you opted for item 2.
- If the Client fails to specify all elements pertaining to the quality of the Product, then Cerovski Print Boutique is not liable for any subsequent complaints pertaining to non-defined parameters, if the quality of overall process of production is compliant with the recognised standards of profession and if the Client has been warned about the issue.
- If the Client orders the Product, and Cerovski Print Boutique determines that problems may occur due to technical demands of production, Cerovski Print Boutique will warn the Client about those technical demands of production and possible complications and consequences pertaining to the Product. However, if the Client insists on certain production procedure, Cerovski Print Boutique will continue with the production, but will not be liable for the quality of such production. In short, let’s discuss, listen to each other and all will turn out exactly like you want it.
Definition of proof print
- There are two categories of proof print:
- Proof print made to verify the printing quality.
- If the Print Run is made using classic offset printing, proof print may be either machine print made on the same material that is used for the Print Run, or digital print with certified control stripe proving the accuracy of the print.
- If the Print Run is made using other digital printing techniques, proof print may only be made using the same printing technique and the same material that will be used for the Print Run.
- Proof print made to verify the arrangement of elements on the print (pagination, presence of all the elements on the print, and other elements of comparison with a PDF document).
- Proof print made to control the arrangement of elements on the print may be made using any printing technique and any material.
- In case of printing on absorbing materials, colours on the print may deviate from the colours on the monitor. Colour shade must be approved by the Client after making a proof print, and prior to printing the rest of the Print Run. If the remaining part of the Print Run is made without such approval due to reasons attributed exclusively to the Client, Cerovski Print Boutique is not liable for any changes in colour of the print. This is very important, we prefer to obtain your approval for everything.
- If spot colours are defined in a document and printed using classic offset printing, the Client must approve the proof print, prior to printing of the Print Run.
- When digital printing techniques are used for the proof print, if the same technique is used for the proof print and for the Print Run, the Print Run will be of the same quality as the proof print. However, if the technique used for the proof print is different than the technique agreed for the production of the Print Run, then the proof print cannot be used to measure the quality of the Print Run. The Client will be warned if a different printing technique is used for the proof print. Don’t worry, we’ll call you or make arrangements over the phone.
- When using the technique of classic offset printing, digital proof print that simulates classic printing technique will be considered as proof print only if it contains a certified control stripe.
- In classic offset technique, proof print without such control stripe may only be used to control the accuracy of elements on the print and the accuracy of pagination.
- If the Product is prepared without proof print, and the Client compares the colours on the product against the colours on the monitor, Cerovski Print Boutique will make the Product with 90% accuracy provided that a document delivered in PDF form was made in accordance with previously specified rules and that the monitor used to compare the colours was calibrated in accordance with the rules of the profession.
- Comparison of colours on the Product and on the monitor may be carried out only under standard viewing conditions, in a viewing booth or in daylight. Cerovski Print Boutique is not liable for the comparison of colours carried out by viewing under non-standardised, artificial light sources.
- In case that the Client requests only a specific type of material, and Cerovski Print Boutique warned the Client that such material may cause low quality of the Product printing, Cerovski Print Boutique will not be liable for the Product quality.
Time limit for completion and product takeover
- When Cerovski Print Boutique agrees with the Client on a time limit for delivery, based on the time and date of PDF document delivery, Cerovski Print Boutique is not liable for a delay in its delivery in case the Client has delivered inaccurate PDF document that needs to be remade or corrected. Similarly, if the PDF document has been delivered with a delay, the previously agreed time limit will be redefined. It may sound complicated, but it is all actually very simple – time limit will be as agreed upon if the delivery (as initially specified) runs smoothly. If not, we will determine a new time limit.
- The Client is obligated to review the Print Run upon takeover, and to immediately notify Cerovski Print Boutique on any determined defects, in writing. Selecting Product samples may be carried out using one of the sampling methods, and in that case, if the Client is not satisfied, the Client will be obligated to deliver to Cerovski Print Boutique a calculation providing evidence for the matter, as soon as possible.
- If the Client uses the Print Run and reports complaints after the expiry of the time limit specified in the applicable Croatian regulations, provisions of the concluded contract and these General Terms and Conditions of Business, then those complaints will be denied, and Cerovski Print Boutique will not be liable for any material defects of the Print Run.
- When making non-standardised and new designer products which require inclusion of the Client’s various demands pertaining to their design, Cerovski Print Boutique will not be liable for final Product quality with regard to subsequent problems during use, provided that Cerovski Print Boutique warned the Client about possible complications. The Client will be fully liable for such Products.
Payment terms and settling of debts. We take this very seriously.
- Cerovski Print Boutique will deliver to the Client invoices for services provided and costs incurred, with payment due date indicated on the invoice. Complaints pertaining to the amounts on the invoices have to be submitted to Cerovski Print Boutique in writing, within 8 days from invoice receipt. Otherwise, it will be considered that the Client has accepted the invoice. Cerovski Print Boutique is obligated to respond to complaint within 15 days from the day of receipt. The Client will bear all the costs of any commissions imposed by the institutions where payment is made. The Client will be obligated to pay the total amount of costs and debts incurred under the contract and during the contract term, as well as all costs of works and services carried out according to any purchase orders and/or accepted quotations.
- Cerovski Print Boutique is authorised to assign to a third party any receivables it has from the Client. In order to assign receivables, Cerovski Print Boutique is authorised to provide the acquirer with any required data in accordance with valid Croatian regulations.
- If the Client fails to specify identification data or account number correctly in the payment order due to reasons attributable to the Client, Cerovski Print Boutique will consider the relevant receivable as settled only after the Client provides the correct data, original payment order certified by the institution effecting the payment and the evidence that the payment order pertains to the relevant account. Cerovski Print Boutique will be entitled to calculate legal default interests on any overdue unsettled debts that the Client has toward Cerovski Print Boutique, in accordance with legal regulations.
- If the Client fails to submit a written complaint pertaining to the issued invoice within the agreed time limit, and if the Client fails to settle overdue debt for services provided and/or equipment installed, Cerovski Print Boutique will deliver to the Client a written notice warning the Client that should the Client fail to settle total overdue debt upon expiry of thirty (30) days from the day when notice was delivered to the Client, Cerovski Print Boutique will take measures and actions in order to protect its interests.
- Cerovski Print Boutique is entitled to suspend all deliveries to the Client which has any unsettled debts toward Cerovski Print Boutique, and to suspend provision of services and any type of technical support at any moment from the day when debts fall due, until settling of the entire debt.
- Suspension of subsequent activities with regard to the Client, pursuant to the previous paragraph 5 of these General Terms and Conditions of Payment, does not depend upon type of debt or contractual relationship causing the unsettled receivable of Cerovski Print Boutique.
- If the Client fails to settle its debt even after thirty (30) days from the day of temporary suspension of providing services, equipment and support to the Client, Cerovski Print Boutique may, at its own discretion, terminate all contractual relationships with the Client involving such overdue unsettled debts, and with regard to remaining contractual relations, Cerovski Print Boutique may continue with temporary suspension of delivering services, equipment and support to the Client in accordance with the General Terms and Conditions of Business.
- In case the debt is settled, Cerovski Print Boutique retains the right to calculate a fee for re-establishment of particular service to the Client, if so required by the technological process, in accordance with the applicable Price List. Cerovski Print Boutique retains the right to decide on continued cooperation with the Client, at its own discretion.
Making complaints. We believe there will be no need for making them, but here it is anyway.
- The Client who timely submits a complaint pertaining to the quality of performed Service/delivered Product has the right to ask Cerovski Print Boutique to perform additional work in order to fulfil the quality criteria pertaining to the service/Product, if it is determined that the quality of performed service is inferior to agreed quality or inferior to quality standards specified by regulations valid in the Republic of Croatia and by the rules of profession.
- The following is considered to be a timely complaint: i) complaint submitted within 7 days from the day of receipt of the ordered Product and/or service, if the relevant defect may be found upon regular inspection; ii) complaint submitted within 2 years from the receipt of the ordered Product/service and within one month from detecting the defect, if the relevant defect is hidden and it could not have been found upon regular inspection. A complaint has to be made in writing, signed by the Client’s authorised representative who ordered the Products and/or services that the complaint pertains to and it has to include clear explanation of the complaint subject.
- In case the Client has any justified complaints, in case of minor defects and at the Client’s request, Cerovski Print Boutique undertakes to remove all such defects as soon as possible, at its own expense, and to notify the Client thereof in writing. Untimely and incomplete complaints will not be considered. If, after handling the Client’s complaint, it is determined that the complaint was unjustified and, contrary to the principle of integrity and honesty, made only to be detrimental to Cerovski Print Boutique, Cerovski Print Boutique will be entitled to compensation for the damage incurred.
- Complaint has to include the facts and evidence on which it is based and it has to be made on the relevant form. Cerovski Print Boutique will deliver to the Client a written response to the complaint within no more than 15 days from the day when complaint was filed. The Client who submitted a complaint pertaining to the amount charged for the Product and/or service provided will pay undisputed part of the invoice amount for the Products and/or services taken over before the complaint is handled.
Confidentiality of Client’s data. Don’t worry, we treat your data as our own.
- Cerovski Print Boutique will collect, process and keep personal and identification data pertaining to the Client only and to the extent necessary for the purpose for which personal data are collected. Cerovski Print Boutique will maintain confidentiality of personal data and it will not disclose them to third parties without express prior consent of the Client, it will use them only for its own purposes and for the purposes in accordance with the regulations which regulate the protection of personal data.
- Cerovski Print Boutique retains the right to notify the Client on all promotional offers and new products and services, as well as current special offers. The Client may prohibit such notifications by e-mail or phone.
- Cerovski Print Boutique and the Client will attempt to amicably resolve any disputes arising from the Contract concluded between Cerovski Print Boutique and the Client, including disputes pertaining to interpretation, application and implementation of these General Terms and Conditions of Business. However, if Cerovski Print Boutique and the Client fail to settle their dispute in such manner, the court of subject-matter competence in Zagreb will be competent for the dispute.
- Contract concluded between Cerovski Print Boutique and the Client, as well as the provisions of these General Terms and Conditions of Business are drawn up and will be interpreted pursuant to laws of the Republic of Croatia.
- These General Terms and Conditions of Business will be published on Cerovski Print Boutique’s website, pursuant to valid regulations of the Republic of Croatia and they will be available to all Clients and legal and natural persons which intend to become our Clients. Cerovski Print Boutique will publish any amendments to these General Terms and Conditions and make them available on the day of such publication.
29 March 2018
Cerovski Print Boutique d.o.o.