Terms and Conditions

The mutual rights and obligations of the User and the Operator, in particular the rights and
obligations arising from the Purchase Agreement, are governed by these Terms and Conditions
(hereinafter referred to as “Terms and Conditions”).

1 Definitions

1.1 In these Terms and Conditions.

1.1.1 “E-shop” means a computer program – an internet application that is available
on the Internet via the Internet address www.giftemplate.com, the main
functionality is the display, selection and ordering of goods by the User;
1.1.2 “Purchase Contract” means a purchase contract within the meaning of § 2079 et seq.
of the Civil Code concluded between the Operator as the seller and
User as a buyer via the E-shop;
1.1.3 “Shopping Cart” means the part of the E-shop that is automatically generated
activation of the relevant functions by the User as part of his actions in the user
E-shop environment, in particular by adding or removing Goods and/or by changing the
the quantity of the selected Goods;
1.1.4 “Civil Code” means Act No. 89/2012 Coll., the Civil Code, in
as amended;
1.1.5 “Operator” means Mr. Ondřej Smutný, ID No.: 75343533, with a place of
Družstevní 511, Dobrovice, 29441;
1.1.6 “Access Data” means the unique login name and the associated
password entered by the User into the E-shop database during Registration;
1.1.7 “Registration” means the User’s electronic registration in the E-shop database; and
by filling in at least the mandatory registration data in the Eshop user interface and the Access Data and their subsequent storage in the E-shop database;
1.1.8 “Consumer” means a User – a person who, outside the scope of his/her business
activity or outside the scope of his or her independent exercise of his or her profession, enters into a Contract
with the Operator or otherwise dealing with the Operator;
1.1.9 “User” means any legal or natural person who uses the Eshop and the Application;
1.1.10 “User Account” means the part of the E-shop that is provided to each User
is established by Registration (i.e. is unique to each User) and is made available to each User by entering
Access Credentials;
1.1.11 “Goods” means an item offered for sale by the Operator to a User
through the E-Shop and, if offered in addition to the Goods, the license to use such Goods;
1.1.12 “Application” means the internet application called Online Editor, whose main functionalities include editing and creating graphics and which is accessible from the internet address https://www.giftemplate.com/graphic-editor/.

2 Pre-contractual information for Consumers

2.1 The Operator concludes contracts, the subject of which is the provision of services, and
contracts under which copyrighted digital content is supplied on CD/DVD,
or any other medium.
2.2 With regard to the price of the Goods and the cost of shipping and other charges, the following shall apply:
2.2.1 In the case of licence agreements concluded for an indefinite term, the price of the licence shall be
shall be for the entire term of the Licence unless otherwise stated.
2.2.2 The prices for the goods, services and licensed content are for the
the website are inclusive and exclusive of VAT, including any fees stipulated by
law, however, the cost of supplying the goods or services varies according to the chosen
method and provider of delivery and method of payment. Part of the agreed price
does not include any payments, fees or other charges that the User has to make to
services provided by third parties in connection with the payment of the agreed price;
such costs shall be borne solely by the User.
2.2.3 In the event of withdrawal from the contract, the User shall bear the costs of returning
Goods, and, in the case of a contract concluded by means of communication on
distance communication, the cost of returning the Goods if the Goods cannot be returned due to
its nature by normal postal means.
2.3 In the event that the subject matter of the contract is the supply of digital content which is not
delivered on a tangible medium, the Consumer expressly consents to this
content to be delivered before the expiry of the statutory withdrawal period.
2.4 For withdrawal from the contract, the following applies:
2.4.1 Pursuant to the provisions of Section 1829 (1) of the Civil Code, the Consumer has the right to withdraw from
Purchase Contract within fourteen (14) days of receipt of the Goods. In the event of,
if the subject of the Purchase Contract is several types of Goods or the delivery of several parts,
this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Contract
Contract must be sent to the Operator (as the Seller) within the period specified in
in this paragraph.
2.4.2 You shall send the withdrawal from the Contract at your expense to the Operator at the address of Družstevní
511, Dobrovice, 29441.
2.4.3 The Consumer shall without undue delay, no later than 14 days from the date on which
the withdrawal from the Purchase Contract, send back to the Operator or
hand it over at the address of the Operator’s premises or registered office. The time limit shall be deemed to be
maintained even if the Goods are sent to the Operator no later than the last day of
the last day of the aforementioned period.
2.4.4 The Consumer cannot withdraw from the contract:
a for the provision of services which the Operator has fulfilled with the prior express
Consumer’s prior consent before the expiry of the withdrawal period;
b for the supply of an audio or visual recording or computer program, i.e.
digital content on a tangible medium, if it has violated its original packaging;
c for the supply of digital content if it was not supplied on a tangible medium and was supplied with
prior express consent of the consumer before the expiry of the time limit for
withdrawal;
2.4.5 The consumer shall be obliged to pay a pro rata portion of the price in the event of withdrawal from
of a contract the subject of which is the provision of services and the performance of which has already begun.
2.4.6 If the Consumer withdraws from the Purchase Contract, he/she is obliged to communicate in writing the number of his/her
bank account number for the refund of the purchase price for the Goods, which may be reduced if there are legal grounds for doing so.
2.4.7 If the Consumer withdraws from the Purchase Contract in respect of Goods which he returns
Operator damaged and/or worn out, in particular if they are removed
original markings of the Goods (i.e. labels, stickers, etc.), the Consumer shall
reimburse the Operator for the cost of restoring the Goods to their original condition.
2.4.8 The form for withdrawal from the Purchase Agreement is attached as Annex 1 to these Commercial
Terms and Conditions.
2.5 The Consumer shall be liable to the Operator for any reduction in the value of the Goods as a result of
the handling of the Goods in a manner other than that necessary to become familiar with
nature and characteristics of the Goods, including their functionality.
2.6 The Operator uses the possibility of out-of-court settlement of consumer complaints.
In the event of a complaint, Consumers may, free of charge, contact the relevant
employee of the Operator via the e-mail address info@giftemplate.com. You can
contact a supervisory or state supervisory authority with a complaint. Czech Trade
Inspectorate handles out-of-court consumer complaints in the manner and under the conditions
set out in the relevant legislation.
2.7 When uploading any files to the Application, the User confirms that he/she has the necessary rights to use these files. In particular when creating graphics.
2.8 The User acknowledges that when creating graphics in the Application and successfully completing an order, it allows the Operator to dispose of the created graphics in any way.

2.9 When uploading any files to the Application, the User confirms that he/she owns the necessary copyrights to use these files. In particular when creating graphics.
2.9.2 The User may not distribute any content, including graphics from the Application/Editor, in any way. All graphics available in the Application / Editor are for personal use only, in no case for commercial use.

3 Process of concluding the Contract

3.1 The Operator offers Users through the E-shop to conclude a Purchase Agreement
Contract. The Operator’s offer to conclude the Purchase Contract is
displaying a button marked “Buy” in the user interface of the E-shop.
3.2 Unconditional acceptance of the Operator’s offer to conclude the Purchase Agreement pursuant to
paragraph 3.1 of these Terms and Conditions by the User shall be deemed to be the click on
the button marked “Order”.
3.3 Unconditional acceptance of the offer pursuant to paragraph 3.2 of these Terms and Conditions shall constitute
the Purchase Contract is concluded.
3.4 The Contract is concluded at the moment when the electronic information of the click on the
of the button within the meaning of paragraph 3.2 by the User reaches the Internet at
server where the E-shop is installed.
3.5 The User undertakes to fill in the relevant text fields in the user interface of the E-shop with true and complete data, in particular his e-mail address,
identification data and, where applicable, the delivery address. The User acknowledges that
The Operator shall reasonably consider the data entered by him to be correct and complete and is not
authorised to check the data entered.
3.6 The Operator will send the User an e-mail message about the conclusion of the Purchase Agreement, namely
to the email address entered by the User in the relevant field in the user
E-shop environment.
3.7 All Goods presented within the user environment of the E-shop are only
informative and the Operator is not obliged to enter into a Contract in respect of such Goods.
The provisions of Section 1732(2) of the Civil Code shall not apply.

4 Purchase contract

4.1 Upon conclusion of the Purchase Agreement, the following provisions shall come into force:
4.1.1 The User purchases from the Operator the Goods that the User has selected in the User’s
E-shop environment by inserting it into the shopping cart, in the quantity that the User
The User has selected and/or set for the Goods in the user interface of the E-shop,
and the User agrees to pay the Operator the price for the Goods as set out in
for such Goods in the user interface of the E-shop.
4.1.2 The Operator shall have the right, until the Goods are dispatched to the User, to withdraw from the Purchase
Contract, for any reason or no reason. For
withdrawal from the Purchase Agreement shall be deemed to be a legal act of the Operator
consisting in notifying the User that he cannot deliver the Goods ordered by him.
4.1.3 The Operator shall be entitled to ask the User for additional confirmation at any time
order and, until it receives confirmation of the order from the User, shall be entitled to
delay the dispatch of the Goods to the User.
4.1.4 The method of packaging the Goods shall be determined solely by the Operator; the provisions of § 2097
of the Civil Code is hereby excluded.
4.1.5 The User is obliged to pay to the Operator the costs of packaging and delivery
of the goods to the User, in the amount specified for the order in the User’s
the Portal’s environment.
4.1.6 The User has the right to choose from the options displayed to the User in the User
E-shop environment, the method of payment of the purchase price for the Goods and, if applicable, other monetary
payments to the Operator.
4.1.7 If any of the payment methods contains information about the cost of making
of such payment, the User shall bear the cost of making such payment, which
are indicated for that payment in the user environment of the E-shop.
4.1.8 In the case of a non-cash payment by bank transfer, the User is obliged to indicate
the variable symbol specified by the Operator.
4.1.9 In the case of a non-cash payment, the User’s obligation to pay the purchase price is fulfilled
the moment the relevant amount is credited to the Operator’s bank account.
4.1.10 The Operator has the right to grant the User a discount on the price of the Goods. Price discounts
Goods cannot be combined with each other unless expressly stated otherwise.
4.1.11 No payments, fees or other remuneration shall form part of the purchase price for the Goods,
that the User must incur for services provided by third parties in connection with
in connection with the payment of the purchase price for the Goods; such costs shall be solely the costs of
User.
4.1.12 The Operator reserves the title to the Goods subject to the Purchase
Agreement until the User has paid the purchase price for the Goods in full.
4.1.13 The Operator undertakes to deliver the Goods to the User within a reasonable time from the conclusion of the
Purchase Agreement. Any time limits for delivery of the Goods specified in the user interface
E-shop are indicative only.
4.1.14 The Operator shall always send the User a tax document – invoice in electronic form,
to the User’s email address entered in the order to
User interface of the E-shop.
4.1.15 If the Operator provides the User with a gift together with the Goods, the gift
contract between the User and the Operator is concluded with a condition precedent,
if the Purchase Contract is terminated (e.g. for withdrawal from the Purchase Contract),
the donation contract shall terminate without further delay from the beginning together with the Purchase Contract; and
the User is obliged to return the donation to the Operator together with the goods.
4.1.16 The User shall be entitled to withdraw from the contract and to the rights arising from defective performance
to the Operator at the address of the Operator’s registered office or place of business. At the moment of
of the claim is the moment when the Operator has received from the User
the Goods claimed.
4.1.17 If, within the user environment of the E-shop, the Goods in question are stated to be
used, the User shall purchase the Goods in a used condition, including the stated defects of such
Goods.
4.1.18 The risk of loss, damage and/or destruction of the Goods subject to the Purchase
Contract. shall pass to the User, who is a Consumer, at the moment of acceptance of the
of the goods in question by the User.
4.1.19 The risk of loss, damage and/or destruction of the Goods which are the subject of the Contract,
shall pass to the non-Consumer User upon receipt of the goods in question
by the User.

5 User account

5.1 The User has the right to create a User Account by Registering.
5.2 The User is obliged to enter the Access Data before entering the User Account.
Data.
5.3 The User Identification Data entered during Registration shall be deemed to be the data entered during
ordering of any Goods that the User makes after logging into his or her
User Account.
5.4 The User shall not disclose to any third party the Access Credentials or any other
access to the User Account. The User shall take all reasonable
measures to keep them confidential. The User shall be fully liable for any unauthorised use of
of such Access Credentials or User Account and for any damage caused thereby
Operator or third parties. In the event of loss, theft or other
other violation of the right to use these passwords, the User is obliged to disclose this fact to
immediately to the Operator. Within a reasonable period of time, the Operator shall provide the User with
new access data.
5.5 In the case of User registration, the conditions of Section 1752 paragraph 1 are fulfilled.
of the Civil Code and the Operator is entitled to unilaterally change the following
Terms and Conditions; it shall notify the User of the change via the E-shop and/or by email to the User’s email address entered in the E-shop database.
The User has the right to refuse changes to the Terms and Conditions within 3 days from
first login to the User’s account after notification of the change to the Terms and Conditions
Terms and Conditions (if delivered via the E-shop) or from the delivery of the email message to the User’s email inbox (if delivered via email
message) and terminate the obligation for this reason within the 3 days’ notice period for which
the parties agree that it is sufficient to procure similar performance
from another supplier.

6 Complaints Procedure

6.1 The Operator shall be liable to the Consumer that the Goods are free from defects upon receipt.
6.2 If the Goods contain defects, the Consumer shall have the right to demand delivery of new Goods without
defects, unless this is unreasonable in view of the nature of the defect, but if the defect
relates only to a part of the Goods, the Consumer may only demand the replacement of that part;
if this is not possible, the Consumer has the right to withdraw from the Purchase Contract.
6.3 The Consumer shall also have the right to request the delivery of new Goods or the replacement of a component in the event of
a removable defect, if the Goods cannot be used properly due to a recurrence
defect after repair or for a greater number of defects. In this case, the Consumer has the right to
to withdraw from the Purchase Contract.
6.4 If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to delivery
new Goods free from defects or to the replacement of any part of the Goods or to the repair of the Goods, the Consumer may
demand a reasonable discount. The Consumer is also entitled to a reasonable discount in
if the Operator is unable to supply him with new Goods without defects, to replace his
part or repair the Goods, as well as if the Operator fails to remedy the situation in
a reasonable time or that it would cause significant difficulties for the Consumer to obtain a remedy.
6.5 The Consumer shall not be entitled to the right of defective performance if the Consumer, prior to acceptance
Goods, the Consumer knew that the Goods were defective or if the Consumer caused the defect.
6.6 The Operator’s liability for defects in the Goods does not extend to wear and tear of the Goods
caused by its normal use, for Goods sold at a lower purchase price at
the defect for which the lower purchase price was agreed, in the case of second-hand Goods to the defect
corresponding to the degree of use or wear and tear which the Goods had on receipt
Consumer, or if it results from the nature of the Goods.
6.7 If the Goods are covered by a warranty, the Consumer shall have the right to claim liability under
defective performance within the warranty period.
6.8 At the Consumer’s request, the Operator shall provide the Consumer with a warranty
certificate. If the nature of the Goods so permits, it shall be sufficient to issue a warranty certificate instead of a
the Consumer a proof of purchase of the Goods containing the following information
the same data as the warranty certificate. The warranty certificate must contain the name and surname, the name or
trade name, registration number and registered office of the Operator.
6.9 In the event that the Consumer exercises his right to have the defects in the Goods repaired by
Goods for which the designated operator for the purpose of warranty repairs is different from
Operator whose registered office or place of business is in the same place as the
Operator or in a location closer to the Consumer, the Consumer shall exercise the right to
warranty repairs with that entrepreneur.
6.10 Complaints for Goods, including the rectification of defects in the Goods, shall be settled without
without undue delay, at the latest within 30 days from the date of the claim,
unless the Operator and the Consumer agree on a longer period. After the expiration of
this period, the Consumer shall have the same rights as if it were a material breach
Contract.
6.11 The time limit for the settlement of the claim shall be stopped if the Operator has not received
all the documents necessary for the settlement of the claim in question, until such time as the
the documents in question have been delivered.
6.12 The Operator or its designee shall, after the claim has been properly processed, call upon
Consumer to take delivery of the repaired Goods.
6.13 The right to exercise the rights arising from defects in the Goods shall be extinguished in the event of improper assembly or
unprofessional commissioning of the Goods, as well as in the event of unprofessional handling of
the Goods, i.e. in particular in case of use of the Goods in conditions which do not correspond to their
parameters specified in the documentation for the Goods.

7 Personal data protection

7.1 The Operator is legally obliged to protect and secure the personal data provided.
The Operator therefore uses various effective security technologies to
to protect personal data from unauthorised disclosure or
use.
7.2 For more detailed information on the protection of personal data, please refer to the Privacy Policy
Privacy Policy here: https://www.giftemplate.com/cookie-policy-uk/

7.3 In the case of the creation of any graphics for the Application and uploaded files to the Application, the User agrees that the Operator may dispose of the uploaded and created files in any way, e.g. upload the files to the Website as a reference.

8 Use of the E-shop

8.1 The Operator hereby grants the User a non-exclusive license to use the E-shop
in the manner provided for in these Terms and Conditions.
8.2 The Operator has the right to change the E-shop, i.e. its technical design and/or
user interface.
8.3 The Operator has the right to limit or interrupt the functionality of the E-shop or access to it
for a period of time strictly necessary for maintenance or repair of the E-shop or other
reason on the part of the Operator or a third party.
8.4 The User is obliged to comply with the applicable and effective legislation when using the E-shop
of the Czech Republic and the European Community. Any damages that would thus
Operator or third parties shall be fully compensated by the User
in full.
8.5 In the event of a breach of these Terms and Conditions or the Purchase Agreement or
valid and effective legal regulations, the Operator has the right to cancel the User
Account.

9 Statement of the Operator

9.1 The Operator declares that the data records in the E-shop, as an electronic
system, are reliable and are carried out in a systematic and sequential manner and are
protected against changes.
9.2 Technical errors in the E-shop may result in the display of the purchase price for the Goods,
the amount of which is grossly inconsistent with the usual market price for such Goods; in such a case
the Operator is not obliged to deliver the Goods at the displayed purchase price
the actual purchase price of the Goods in question and shall contact the User and inform the User of the actual purchase price of the Goods and
the User has the right to decide whether to accept the Goods at the actual purchase price; and
if not, the Purchase Agreement shall be cancelled from the outset.
9.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrative
or may give a misleading impression as a result of their conversion into
display on the User’s technical device, therefore the User shall always
read the full description of the Goods in question and in case of any doubts contact
Operator.
9.4 The Operator’s contact details for communication with the User are set out in
the user interface of the E-shop in the Contacts section.

10 Electronic record of sales

10.1 According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer
and at the same time is obliged to register the received sales with the tax administrator online; in the case of
in case of a technical failure within 48 hours at the latest.
10.2 The invoice containing the mandatory data and the receipt pursuant to Act No. 112/2016 Coll., on
sales registration, the User shall receive these documents in the form of a download link or
as an e-mail attachment. The Buyer agrees to this.
10.3 More information is available on this website:
http://www.etrzby.cz/cs/zakladni-informace-pro-zakazniky

11 Governing law

11.1 These Terms and Conditions, as well as the Purchase Contract, are governed by the law of the Czech Republic
Republic, in particular the Civil Code.

12 Efficiency

12.1 These Terms and Conditions shall come into force on 19 December 2023.