Client definition: Each individual and legal entity, that start and / or continue communication with PRINTROOM on www.printroom.hu.
PRINTROOM.HU definition: An official website, owned and operated by Printroom Company.
PRINTROOM Printing Service and Commercial Ltd. (furthermore: PRINTROOM) makes available information, materials and products on this web site, subject to the following terms and conditions.
By accessing any part of this site, you will be deemed to have accepted these terms and conditions in full. Client may visit the website with impunity and free of charge without sharing any personal data by keeping Legal Notice and Privacy Policy.
PRINTROOM may stick to advance registration to reach certain services from the website. PRINTROOM reserves the right to change these terms and conditions from time to time at its sole discretion.
Any questions or comments concerning these conditions of use should be directed to the Marketing Department.
1) Scope
(1) All deliveries, services and offers, addressed to the Client via PRINTROOM’s website, are valid based on present General Business Conditions, only. Client’s any special contractual condition, differing from hereby written, is valid only if PRINTROOM has given its indorsement in writing. Verbal contracts are invalid.
(2) PRINTROOM’s General Business Conditions apply to any future business relations, even if newer agreement hasn’t been concluded about that.
(3) Agreement between Parties has been based on Hungarian Law.
2) Finalization and discharge of contract
(1) PRINTROOM’s services, any price offer and product descriptions, every time, are object of confirmation and non-binding. Requirement of a contract being in force is an order acceptance by PRINTROOM.
(2) Communication between PRINTROOM and its Client generally happens through digital channels, e.g. by e-mail. Pursuant to that, Client has to name an e-mail address, when places an order, the latest, which has to be and remain in entirely operable condition, while the order has been fully terminated. The e-mail address will be valid in case of any further orders, except Client revokes that, or communicate a new e-mail address.
(3) As a general rule, PRINTROOM has no obligation to draw attention to any missing, faulty or non-working e-mail address, as it’s written in point (1). Besides this, Client may justify the possibility and validity of such a notification.
3) Subject matter
(1) The subject matter of the contract is described comprehensively and finally in PRINTROOM's offer. Any properties or features going beyond the offer shall be deemed agreed only if confirmed by PRINTROOM in writing. For any declarations given in connection with a placed order or a concluded contract, PRINTROOM assumes no guarantee. Other arrangements shall apply only if such a declaration is in writing and the word 'guarantee' is used.
(2) Printed matter commissioned for offset printing shall be manufactured in accordance with the standards jointly developed by the Research Institute of the Graphic Industry (FOGRA), and defined in DIN ISO 12647, for offset printing using process colours.
(3) Subject to separate remuneration, Client may demand from PRINTROOM a digital printout – produced in accordance with the standards set forth in (2) – of the data ready for printing and converted for the final print (proof). In this case, the proof defines the binding colours for the print result within the tolerance limits due to the different conditions of equipment and material to be printed, compared with the final printout and within the scope of the standards set forth in (2).
(4) In respect of components of any kind supplied by the Client or by third parties commissioned by the client, specifically data carriers and transmitted data, PRINTROOM shall have no duty of inspection, unless obviously unusable or non-readable data are concerned.
In data transmission, the Client shall use anti-virus programs that are then currently state-of-the-art.
4) Prices / Modes of Payment
(1) The prices quoted by PRINTROOM are gross prices, including the current statutory level of value-added tax due on the subject matter of the contract. The prices are subject to the proviso that the inquiry data on which the offer is based remain unchanged, but shall apply for max. 3 months after receipt of the inquiry at PRINTROOM. The prices are to be understood plus the costs of packaging, freight, postage, insurance and other dispatch outlays.
(2) The remuneration is due and payable immediately upon receipt of an invoice. Any agreed discount is exclusive of packaging, freight, postage, insurance and other shipping costs. In the event of a failure to pay, the client shall be in default without any further declaration from PRINTROOM 14 days after the maturity date. In the event of any defects, the client shall have no right of retention, unless this is in a reasonable ratio to the defects and the foreseeable costs of subsequent performance.
(3) PRINTROOM may demand advance payment. Payments shall be by 'electronic direct debits' via a 'payment provider' named by PRINTROOM. In this respect, the Client shall also be able to pay by having a credit card debited, wherever this is possible via the provider on the basis of contractual arrangements with the credit-card company concerned.
(4) In any re-transfer, the client shall be placed in default. Any payment default shall entitle PRINTROOM to charge interest in line with the provisions of statute. This shall not affect any claims based on further loss. Any re-transfer costs shall be borne by the Client, unless the Client was entitled to arrange for such re-transfer.
5) Delivery
(1) The dates stated in an offer or order acknowledgement are likely completion dates which are non-binding and indicate the point in time when the final product is handed over to the person named for shipping purposes (shipper).
(2) PRINTROOM shall not be answerable for any delays in delivery occurring after handover of the product to the shipper. PRINTROOM shall not be liable for damage/loss due to delayed delivery by the person named for shipping purposes. Other arrangements shall only apply if PRINTROOM has delivery made by its own employees.
(3) If PRINTROOM has expressly affirmed a definite completion date (ex works) in writing as being binding, the Client shall not be entitled to rescind the contract due to non-adherence to this date until it has given warning to PRINTROOM of such rescission in writing and has set a further reasonable term, or if a fixed date is concerned.
(4) In commercial intercourse, PRINTROOM shall have a right of retention to print and stamp artwork, manuscripts, raw materials and other objects supplied by the Client, viz. pursuant to Hungarian Civil Code (HCC), pending settlement in full of all claims due under the business relationship.
6) Right of rescission pursuant to Hungary’s E-Commerce Act
Pursuant to HCC and 2001. CVIII. Act, the Client, if a consumer, has a right to revoke any purchase of goods from online shops on the Internet or other distance-selling distribution channels. Revocation is excluded, however, if the service to be performed concerns a product made to Partner specifications.
7) Guarantee
(1) The Client shall at any events examine the contractual conformity of the goods delivered and of any preliminary and interim products (e.g. proofs) sent for correction. With the declaration of approval, the risk of any defects shall pass to the Client, unless the defects concerned only emerged or could have been detected in the subsequent manufacturing process after the declaration of approval.
Apparent defects to the goods must be the subject of a written claim within 14 days of receipt of the goods. Any latent defects that cannot be detected after immediate examination must be the subject of a claim within the statutory guarantee periods.
If the Client is a business person, and even though no commercial transaction is concerned for the Client, the Client must submit a written complaint of any apparent defects to the goods within 7 days of receipt. Any latent defects that cannot be detected after immediate examination must be the subject of a claim within the statutory guarantee periods. If, by contrast, a commercial transaction is concerned for the Client, the provisions under the HCC shall apply.
(2) PRINTROOM prints on the basis of the printing data furnished by the Client, so that it assumes no guarantee for such defects as have emerged due to the faulty transmission of such printing data or are based on their condition, unless the data were modified by PRINTROOM within the scope of the order, or the unsuitability of the printing data was obvious, or PRINTROOM was answerable for such faulty transmission.
(3) PRINTROOM in principle assumes no guarantee for printing data that are produced in the RGB colour space and/or contain CMYK colour profiles and/or have too low and/or too high resolution and/or make use of missing, defective or non-embedded fonts.
(4) If the printing data deviate in their condition or in the way they were produced from the particulars (data sheet) that PRINTROOM has published for the product concerned under www.printroom.hu on the Internet or which may be inspected at its business premises, liability is likewise excluded.
(5) In respect of any deviations in the condition of the material used, PRINTROOM only assumes liability up to the amount of the order value.
(6) Any reductions in the purchase price, any cancellation of the contract, or any compensation in lieu of performance shall not be possible until an attempt at subsequent performance has failed. This shall not apply where PRINTROOM has finally refused to perform or if it is unreasonable for the client to await subsequent performance.
8) Securing claims and Ownership
(1) The printed product shall remain the property of PRINTROOM pending payment of the agreed price in full.
(2) In any treatment or processing of supplied items that are the property of a third party, PRINTROOM must be viewed as a manufacturer within the meaning of HCC, and it shall retain title to the products at all times during the processing. If any third parties are involved in treatment or processing, PRINTROOM’s co-ownership share shall be limited to the invoice value of the reserved merchandise. The title so acquired shall be deemed to be reserved property.
(3) The Client's claims against PRINTROOM under this business relationship cannot be assigned. The Client may only offset claims of PRINTROOM under this business relationship with such claims as are uncontested or final.
9) Copyright
(1) PRINTROOM shall retain all rights, especially duplication rights, to any creative output within the scope of the order, specifically picture and text marks, layouts or graphic drafts.
(2) Any assignment of copyright to the Client or third parties shall require written agreement and be subject to a separate fee. In such case, title shall only pass upon payment of the agreed fee.
10) Disclaimer
(1) In cases of wilful action or gross negligence on the part of PRINTROOM or a representative or agent, PRINTROOM shall assume liability as set forth in the provisions of statute. For the rest, it shall only be liable pursuant to Hungary’s Product Liability Act for injuries to life, limb or heath and for culpable infringement of material contractual duties, or where it has fraudulently concealed defects or given a guarantee for the condition of the delivered items. However, any claims to compensation based on infringements of material contractual duties shall be limited to foreseeable typical contractual loss, unless a further case of mandatory liability pursuant to sents. 1 or 2 exists at the same time.
(2) The arrangements under (1) shall apply to all claims for compensation (specifically compensation in addition to performance or compensation in lieu of performance), viz. irrespective of the legal reason, specifically based on defects, infringements of contractual duties or tort.
(3) No change in the onus of proof detrimental to the Client shall follow from the above provisions.
(4) PRINTROOM has no duty to check the content of the printed product. It assumes no liability for any damage/loss resulting from the content or for damage/loss due to any infringements of rights, specifically third-party copyright, as a consequence of publishing the printed product. The Client shall indemnify PRINTROOM against any third-party claims based on such infringement of rights.
11) Limitation of claims
(1) Wherever the delivered item is a new object or an object to be newly produced, claims for compensation based on defects for whatever legal reason shall be barred after 3 months.
(2) The limitation periods applicable to compensation claims specified in (1) shall also apply to other claims for compensation against PRINTROOM, irrespective of their legal basis. They shall also apply wherever such claims are not based on defects.
(3) The above limitation periods shall apply with the following provisos:
a) The limitation periods shall not, in general, apply to cases of wilful action or fraudulent concealment of defects (or to the extent that PRINTROOM has given a guarantee for the condition of a delivered item).
b) Nor shall the limitation periods apply to cases of injuries to life, limb, health or freedom, claims pursuant to the Hungary’s Product Liability Act, breach of duty due to gross negligence, or any culpable infringement of material contractual duties.
(4) Wherever this provision mentions compensation claims, this shall also include claims for reimbursement of expenses incurred in vain.
(5) No change in the onus of proof detrimental to the client shall follow from the above provisions.
12) Storage, Passing on and Deletion of Data
(1) The Client alone shall bear responsibility for making data back-ups. PRINTROOM shall be entitled, though not obliged, to make copies of the printing data.
(2) Data recorded during business development and required in execution of the order shall be stored at PRINTROOM in digital form. PRINTROOM shall be entitled to further process the data and to produce written excerpts within the scope of processing.
(3) The Client is agreed that data required for settlement purposes and other contractual discharge may be captured, processed and used subject to the applicable data-protection laws. The data required in execution of the contract shall only be passed on by PRINTROOM wherever this is necessary for executing the contract or required by provisions of statute.
13) Credit checks
(1) To the extent that this is necessary to safeguard PRINTROOM's justified interests and does not impair Client's concerns worthy of protection, PRINTROOM shall be entitled to obtain personal data on the Client from credit-reference agencies with a view to checking the credit standing of Client. In such a case, PRINTROOM shall also be entitled to obtain information about Client from BISZ ZRt., with the help of BAR system and to transmit to the latter such data on any conduct of the Client contrary to the contract as is permissible following a consideration of all the interests affected.
(2) The data established in such a way shall be used for the stated purpose only. Client may at any time obtain information on the data stored concerning Client from a credit-reference agency and from BISZ ZRt. (www.bisz.hu)
14) Jurisdiction
(1)Client: The Courts at Szeged shall have jurisdiction in any direct or indirect disputes under the order relations if Clients relocate their residence or usual abode from the territory of the Republic of Hungary after contracting or if their residence or usual abode is not known at the time of bringing an action.
Business persons: The Courts at Szeged shall have jurisdiction for merchants as defined by the Commercial Code, public corporations and special funds under public law. The same shall apply if the Client has no general venue in Hungary.
(2) Should any provision of these General Business Conditions or under other agreements be or become ineffective, this shall not affect the validity of all remaining provisions or agreements.
Last modification of General Business Conditions: 10 Február, 2011.