We make a distinction in the conduct of our terms and conditions of sale to consumers and businesses.

  • General terms and conditions for consumers
  • General terms and conditions for companies

 

Watch out! Since printed matter is a “tailor-made product”, the right of withdrawal does not apply to sales to both companies and consumers. This also applies to gift vouchers.

Conditions for consumers

General Consumer Conditions
prunico.com

Article 1: Interpretation

1.1 Definitions

Client. 
The client is the one who places an order and is therefore the purchaser of the goods and services of the contractor.

Contractor.
The contractor is Prunico, with registered office at 1000 Sofia, 21B Moskovska str., floor 3, registered in the Crossroads Bank for Enterprises under number BG205318208.

Force majeure. 
Force majeure is understood to mean ‘the situation in which the execution of the agreement by one of the parties, in whole or in part, temporarily or permanently, is prevented by circumstances beyond the control of that party, even if this circumstance could have been foreseen at the time of the conclusion of the agreement’. The following cases are considered as force majeure: exhaustion of stock, delays in or absence of deliveries by suppliers of a party, destruction of goods as a result of accidents, breakdown of machinery, strike or lockout, fire, riot, war, epidemic, flooding, high absenteeism due to illness, electrical, computer, internet or telecommunication failures, decisions or interventions by the government [including the refusal or cancellation of a permit or licence], fuel shortages and errors or delays attributable to third parties.

Parties.
The parties are both client and contractor.

1.2 Applicability
Without prejudice to the application of any special terms and conditions included in a separate written agreement, these general terms and conditions apply to every offer, quotation or agreement between the contractor and the client. In case of conflict between these general terms and conditions and any separate written agreement, the provisions of the separate written agreement shall apply.

Article 2: Conclusion of the agreement

2.1 Establishment.
Offers made by the contractor are without obligation and subject to inspection of the photos or vectors to be produced and/or put on the market. The contractor is only deemed to accept the order after the contractor has received payment from the customer and has confirmed in writing that he will accept and execute the order.

2.2 Grounds for refusal
The contractor expressly reserves the right to refuse an order, including when an order could be in conflict with the Public Order and Good Morals or with legislation relating to discrimination, racism, xenophobia or negationism. In addition, the contractor may refuse any order which he may reasonably assume may damage the contractor’s image.

2.3 Offers
Unless explicitly agreed otherwise in writing, all our offers are provided for information purposes only. All prices quoted are inclusive of VAT and are only valid for a definite period of time. If no duration is stated in an offer, our prices are valid for 7 calendar days.

Article 3: Exclusion of the right of withdrawal – cancellation – suspension

3.1 Exclusion of the right of withdrawal
It must be pointed out that the goods supplied by the contractor are unique and specific. Because of this, the client cannot make use of the withdrawal period of 14 days provided for in the Economic Law Code Book VI articles.

3.2 Cancellation
If the client cancels the order, the contractor shall invoice on the basis of the stage the order has reached. An amount will be charged, consisting of the costs incurred, increased by a compensation as mentioned in article 6 of these terms and conditions.

3.3 Suspension of the order
If the client suspends the order temporarily, the contractor is entitled to proceed to interim invoicing based on the stage the order has reached.

Article 4: Layout and specifications of the printed matter and responsibility for them

4.1 Deviations
The client must take into account the fact that colours – of print products and layout files – as shown on a screen, may deviate to a certain extent from the colour of the printed matter after production. Such a deviation is not a basis for non-payment or cancellation of the order.
Deviations of up to 5% of the presupposed format are permitted and do not provide the client with a basis for non-payment or cancellation of the order. Within this margin, the excess will not be charged and the lesser will not be settled.

Article 5: Price and payment

5.1 Prices
All prices are inclusive of VAT and other levies imposed by the government, unless explicitly stated otherwise. Each invoice is net and must be paid in advance. Payment on account and/or cash payment in Sofia is not possible, unless agreed otherwise in advance.

5.2 Payment term
Invoices are payable at the time of order.

Article 6: Termination of the contract – general reciprocal compensation clause

Reciprocal damage clause.

If one of the parties does not comply with one of its essential obligations, such as the timely payment of the invoice or the timely delivery, the other party has the right to dissolve the agreement without legal authorisation and without prior notice of default. In that case, the defaulting party will owe the other party a fixed compensation amounting to 10% of the value of the original invoice amount, without prejudice to the right of the creditor to claim a higher compensation, provided that proof of higher actual damage is provided.

Article 7: Delivery

7.1 Place of delivery
Unless otherwise agreed, the contractor shall deliver the goods sold to the delivery address specified by the employer. The client undertakes to take delivery of the goods and to free up the space required for this purpose.

7.2 No receipt
If no delivery takes place – for reasons that lie with the client – a delivery will be made one more time afterwards, free of charge. If, on the other hand, it is not possible to deliver the goods, the contractor shall keep the goods at the client’s disposal for a maximum period of 30 days. Within this period, the goods can still be delivered, provided that the client pays the associated costs in advance. When the period of 30 days has expired, and the client has still not collected the goods, the contractor may dispose of the goods and this at the expense of the client. In such a situation, the obligation to pay the original invoice in full remains unaffected.

Article 8: Risk – transfer – retention of title

8.1 Reservation of title
The ownership of the delivered goods will only pass to the client after he has fulfilled all his contractual obligations.

8.2 Transfer of risk
However, the client shall bear the risk of loss or damage as soon as the contractor hands over the goods to the carrier. The client shall hold the carrier liable in the event of loss or damage.
This paragraph also applies if the goods have not been received as a result of the procedure described in article 7.2.

Article 9: Protest procedure

9.1 Deadlines
Upon receipt of the delivery, the client will check whether the delivered goods comply with the agreement. This concerns in any case: number, layout, colour scheme and other aspects that can be seen from the outside.

9.2 Procedure
The client’s protest must be submitted online via the contractor’s form. The client can fill in the complaints form via https://prunico.com/complaints. The form must be filled in accurately. If an invoice has already been received, the invoice number must also be filled in.

If the contractor has deemed the client’s protest to be correct, the client will return the relevant printed matter at the contractor’s first request. The transport costs will then be for the contractor’s account. If the client returns the printed matter unsolicited, the transport costs will be for the client’s account, regardless of whether the complaint turned out to be justified at a later date.

Article 10: Limitation of liability

The contractor is never liable for indirect or consequential damage of the client or third parties. Indirect or consequential damage is understood to include: damage to reputation, loss of goodwill, loss of turnover/profit.

The contractor’s liability is always limited to the invoice amount (including VAT) of the order in which the liability claim by the client or third party finds its cause. If the (cause of) liability relates to a partial delivery, the maximum liability is determined by the value of that part of the order.

The contractor and/or its appointees are fully responsible for the liability resulting from their own intent or gross negligence.

Article 11: Force majeure

Each party is released by operation of law and not obliged to fulfil any obligation towards the other party in the event of force majeure.
The party invoking force majeure is not obliged to prove the incalculable and unforeseeable nature of the circumstance constituting force majeure.
In case of force majeure, the obligations of the party concerned are suspended. In such a case, the parties shall make all reasonable efforts to limit the consequences of a force majeure situation. In the event that the force majeure lasts longer than two months, the other party is entitled to dissolve the agreement without the intervention of the court, without the party invoking force majeure being liable to pay any compensation to the other party.

Article 12: Applicable law and competent court

12.1 Applicable law
This agreement is exclusively governed by Bulgarian law.

12.2 Competent Court
Any dispute relating to this agreement shall be settled exclusively by the Court of First Instance of Sofia – Sofia Department.

Conditions for companies

prunico.com

Article 1: Interpretation

1.1 Definitions

Client. 
The client is the one who places an order and is therefore the purchaser of the goods and services of the contractor.

Contractor. 
The contractor is Prunico, with registered office at 1000 Sofia, 21B Moskovska str., floor 3, registered in the Crossroads Bank for Enterprises under number BG205318208.

Force majeure. 
Force majeure is understood to mean ‘the situation in which the execution of the agreement by one of the parties, in whole or in part, temporarily or permanently, is prevented by circumstances beyond the control of that party, even if this circumstance could have been foreseen at the time of the conclusion of the agreement’. The following cases are considered as force majeure: exhaustion of stock, delays in or absence of deliveries by suppliers of a party, destruction of goods as a result of accidents, breakdown of machinery, strike or lockout, fire, riot, war, epidemic, flooding, high absenteeism due to illness, electrical, computer, internet or telecommunication failures, decisions or interventions by the government [including the refusal or cancellation of a permit or licence], fuel shortages and errors or delays attributable to third parties.

Parties. 
The parties are both client and contractor.

1.2 Applicability
Without prejudice to the application of any special terms and conditions included in a separate written agreement, these general terms and conditions apply to every offer, quotation or agreement between the contractor and the client. In case of conflict between these general terms and conditions and any separate written agreement, the provisions of the separate written agreement shall apply.

Article 2: Conclusion of the agreement

2.1 Establishment. 
Offers made by the contractor are without obligation and subject to inspection of the photos or vectors to be produced and/or put on the market. The contractor is only deemed to accept the order after the contractor has received payment from the customer and has confirmed in writing that he will accept and execute the order.

2.2 Grounds for refusal 
The contractor expressly reserves the right to refuse an order, including when an order could be in conflict with the Public Order and Good Morals or with legislation relating to discrimination, racism, xenophobia or negationism. In addition, the contractor may refuse any order which he may reasonably assume may damage the contractor’s image.

2.3 Offers
Unless explicitly agreed otherwise in writing, all our offers are provided for information purposes only. All prices quoted are inclusive of VAT and are only valid for a definite period of time. If no duration is stated in an offer, our prices are valid for 7 calendar days.

Article 3: Cancellation – suspension

3.1 Cancellation

If the client cancels the order, the contractor shall invoice on the basis of the stage the order has reached. An amount will be charged, consisting of the costs incurred, increased by a compensation as mentioned in Article 6 of these terms and conditions.

3.2 Suspension of the order

Insofar as the client requests a temporary suspension of the order, the contractor shall be entitled to proceed to interim invoicing based on the stage the order has reached.

Article 4: Layout and specifications of the printed matter and responsibility for them

4.1 Deviations
The client must take into account the fact that colours – of print products and layout files – as shown on a screen, may deviate to a certain extent from the colour of the printed matter after production. Such a deviation is not a basis for non-payment or cancellation of the order.
Deviations of up to 5% of the presupposed format are permitted and do not provide the client with a basis for non-payment or cancellation of the order. Within this margin, the excess will not be charged and the lesser will not be settled.

Article 5: Price and payment

5.1 Prices
All prices are inclusive of VAT and other levies imposed by the government, unless explicitly stated otherwise. Each invoice is net and must be paid in advance. Payment on account and/or cash payment in Sofia is not possible, unless agreed otherwise in advance.

5.2 Payment term
Invoices are payable at the time of order.

Article 6: Delivery

6.1 Place of delivery 
Unless otherwise agreed, the contractor shall deliver the goods sold to the delivery address specified by the employer. The client undertakes to take delivery of the goods and to free up the space required for this purpose.

6.2 No receipt 
If no delivery takes place – for reasons that lie with the client – a delivery will be made one more time afterwards, free of charge. If, on the other hand, it is not possible to deliver the goods, the contractor shall keep the goods at the client’s disposal for a maximum period of 30 days. Within this period, the goods can still be delivered, provided that the client pays the associated costs in advance. When the period of 30 days has expired, and the client has still not collected the goods, the contractor may dispose of the goods and this at the expense of the client. In such a situation, the obligation to pay the original invoice in full remains unaffected.

Article 7: Risk – transfer – retention of title

7.1 Reservation of title 
The ownership of the delivered goods will only pass to the client after he has fulfilled all his contractual obligations.

7.2 Transfer of risk
However, the client shall bear the risk of loss or damage as soon as the contractor hands over the goods to the carrier. The client shall hold the carrier liable in the event of loss or damage.
This paragraph also applies if the goods have not been received as a result of the procedure described in article 6.2.

Article 8: Protest procedure

8.1 Deadlines 
Upon receipt of the delivery, the client will check whether the delivered goods comply with the agreement. This concerns in any case: number, layout, colour scheme and other aspects that can be seen from the outside.

8.2 Procedure 
The client’s protest must be submitted online via the contractor’s form. The client can fill in the complaints form via https://prunico.com/complaints. The form must be filled in accurately. If an invoice has already been received, the invoice number must also be filled in.

If the contractor has deemed the client’s protest to be correct, the client will return the relevant printed matter at the contractor’s first request. The transport costs will then be for the contractor’s account. If the client returns the printed matter unsolicited, the transport costs will be for the client’s account, regardless of whether the complaint turned out to be justified at a later date.

Article 9: Limitation of liability

The contractor is never liable for indirect or consequential damage of the client or third parties. Indirect or consequential damage is understood to include: damage to reputation, loss of goodwill, loss of turnover/profit.

The contractor’s liability is always limited to the invoice amount (including VAT) of the order in which the liability claim by the client or third party finds its cause. If the (cause of) liability relates to a partial delivery, the maximum liability is determined by the value of that part of the order.

The contractor and/or its appointees are fully responsible for the liability resulting from their own intent or gross negligence.

Article 10: Copyright

Article 11: Force majeure

Each party is released by operation of law and not obliged to fulfil any obligation towards the other party in the event of force majeure.
The party invoking force majeure is not obliged to prove the incalculable and unforeseeable nature of the circumstance constituting force majeure.
In case of force majeure, the obligations of the party concerned are suspended. In such a case, the parties shall make all reasonable efforts to limit the consequences of a force majeure situation. In the event that the force majeure lasts longer than two months, the other party is entitled to dissolve the agreement without the intervention of the court, without the party invoking force majeure being liable to pay any compensation to the other party.

Article 12: Applicable law and competent court

13.1 Applicable law
This agreement is exclusively governed by Bulgarian law.

13.2 Competent Court
Any dispute relating to this agreement shall be settled exclusively by the Court of First Instance of Sofia – Sofia Department.

×

Cart