General Terms and Conditions

comTEC® d.o.o.

General Terms and Conditions

General provisions

General Terms and Conditions determine the rights and obligations and regulate the business relationship between the ordering customer (hereafter referred to as the CUSTOMER) and comTEC d.o.o. (hereafter referred to as COMTEC). . CUSTOMER is any legal entity or private individual who orders materials, products or service at COMTEC. These General Terms and Conditions also regulate individual purchase and service rules if they are not explicitly mentioned on individual web or printed forms

The CUSTOMER and COMTEC are bound by the general terms and conditions, valid at the time of sent order.

The website and the online store are the property of the COMTEC company.

COMTEC accepts no responsibility or liability for the possible consequences of the use of websites, promotional materials and other advertising messages and content included. COMTEC also accepts no responsibility or liability in relation to the consequences, caused by the information, contained in the aforementioned media.

COMTEC is not liable for the occasional failure of the website, the possible inaccuracy of the information and also for any damage, resulting from the use of inaccurate or incomplete information. Website visitors can use the content of the website exclusively for personal and non-commercial purposes. Any other use, copying, publication and distribution of website content or their individual parts is prohibited without the permission of COMTEC.

comTEC is a trademark, the trademarks of manufacturers are protected. We show products and services, made with our technology.

We show products and services, made with our technology.

The general terms and conditions are publicly available on the website, online store and at the COMTEC headquarters.

Conclusion of the contract

The contract between the CUSTOMER and COMTEC is concluded as follows. The CUSTOMER places the order to COMTEC. The order is an invitation to set an offer.

The order must include:

name of the company, address, tax number (if the customer is a legal entity),
name and surname, address (if the customer is a private individual),
name and signature of the legal representative of the CUSTOMER or private individual,
e-mail address, telephone number and/or fax number where the CUSTOMER can be reached,
print file (hereinafter file or print file) in a suitable media format,
name of the file,
size, height and width of the product in question,
material, from which the products will be produced,
type/method of print or implementation,
number of pieces – quantity,
decision about the review of the file suitability,
decision about the proof print, other required information and technical data.

Based on the received order, COMTEC prepares an offer. The CUSTOMER accepts the offer by signing it, by confirmation of the offer via email or by a purchase form (by referring to the offer).
When the order is placed in the online store, the offer is confirmed by submitting/confirming the order online.

By accepting the offer and confirming the order via the web, the CUSTOMER is explicitly notified:

that the goods are manufactured according to the explicit and precise instructions and suggestions of the CUSTOMER and adapted to his personal needs,
that the carrying out of the service began on the basis of the explicit prior consent and the consent of the client to lose the right to withdraw from the contract, when the company fulfils it, which is why the CUSTOMER does not have the right to withdraw from the contract in accordance with the provisions of Article 43 of the Consumer Protection Act.

The contract between the CUSTOMER and COMTEC is concluded in the above described manner. These general terms and conditions are an integral part of the contract.

The price

The price for the ordered services and products is determined in the offer or online store, which is approved by the CUSTOMER with an acceptance as defined in the article Conclusion of the contract, together with other provisions of the contract. The price only includes services and products that are specifically stated in the offer. Unless otherwise specified in written form, the price only includes the costs of processing (ripping), printing files to a chosen media and possible cutting along the crop marks or automated digital finishing.

If COMTEC must carry out additional services to those stated in the order and which are not specifically stated in the offer (such as file correction, format or dimension change, additional finishing, assembly, modifications and other services necessary for implementation of the order), these additional services are charged extra according to the COMTEC price list, valid on the day of implemented service.

Additional services, required by the client, such as plastification, lamination, framing, cutting edges, contour cutting, gluing, assembling, archiving etc., are also charged extra according to the COMTEC price list valid on the day of implemented service.

The minimum billing unit for determining the price of a large format digital printing is 1m2 or 1 sheet (100x70cm). The minimum billing unit for determining the price of work is 0.5 hour.
The prices stated in the offer and the prices stated in the COMTEC price list do not include VAT. VAT is charged in addition to the price of the service and is paid by the CUSTOMER.

Prices are valid fco COMTEC, Obrežna ulica 105, Maribor and do not include the delivery to the customer.

Prices in online store include VAT and any other price increases, except the price of delivery charges, specified separately or charged according to the price list of the delivery service.

Urgent orders and price increase

If the CUSTOMER requests the order to be carried out within 24 hours from the confirmation of the offer and it is technically possible, the agreed price and/or price according to the price list increases by 30%.

If the CUSTOMER requests the order to be carried out on Saturday, Sunday or on holiday, the agreed price and/or price according to the price list increases by 40%.

If the CUSTOMER requests the order to be carried out on the same day he has confirmed the offer, or at night, the agreed price and/or the price according to the price list increases by 50%.

Payment

Unless otherwise agreed, the CUSTOMER is obliged to 100% interest-free advance payment for services and products. The day of payment is the day when COMTEC receives a payment on its bank account or when the cash payment is accepted.

According to the type of placing the order in (through a sales advisor, via online store) and the type of CUSTOMER (legal entity, private individual), different payment methods are possible:

payment per offer/pro forma invoice*
payment at delivery (online store)**
with credit card or via Paypal (online store)
postponed payment, on a due date (applies only to companies that have a contract with COMTEC)

*The order is processed when payment per offer/pro forma invoice is visible on the bank account.

**Payment at delivery is possible only in cases when it is explicitly stated for online order. For individual orders, COMTEC reserves the right to request payment by transfer to bank account per issued offer/pro forma invoice.

COMTEC can set a different payment deadline, which must be explicitly included on the written offer by COMTEC. The CUSTOMER is fully liable for payment, even if he acted as an indirect or direct representative, agent, commission agent, etc.

In case of delay with payment, COMTEC reserves the right to charge statutory default interest. A CUSTOMER, who is not a consumer (private individual), is obliged to pay statutory default interest to COMTEC according to prescribed interest rate for statutory default interest, increased by 50%, from the first day of the delay to the day of payment.

For each dispatched payment reminder, the CUSTOMER is obliged to pay 5 EUR of fixed reminder costs to COMTEC.

Up to the final payment (including default interest and costs) and until all other agreed terms are met, COMTEC retains the ownership right of the products (“title retention”).

The CUSTOMER shall immediately notify COMTEC about any confiscation of products, seizures, the occurrence of lien, etc.. In case of omission of the notice, the CUSTOMER is liable for damages to COMTEC. The CUSTOMER is obliged to cover all necessary costs, related to exemption from burdens, third party rights and seizure of products.

If the CUSTOMER and COMTEC agree to a different method of payment (and not a 100% interest-free advance payment), the typical payment methods can also be debt reconciliation (offset, compensation), the chain compensation, the cession of the claim (paid or unpaid) or payment order to third party (assignation), which must be confirmed by all the parties of such transaction with their signature.

COMTEC reserves the right to change payment methods without prior notice.

Production lead time

Unless otherwise agreed, COMTEC is obliged to perform the agreed service, in case of standard order, within the deadline defined on the offer. The deadline begins after receiving the full advance payment (if required), submitting all necessary data, relevant files and other documents necessary for implementation of the service. If the confirmation of graphic design/artwork and/or proof print is needed, the deadline is set after the fulfillment of all the above mentioned conditions and upon the written confirmation of the graphic design/artwork and/or proof print by the customer.

In case of ordering larger quantities of products, changes in order, unclear order, special requests of the CUSTOMER, non-standard order, the need for additional processing or special materials, laminating, plastification, framing, cutting, contour cutting, gluing, assembling, mobile constructions, in case of force majeur or other circumstances to which COMTEC has no influence, COMTEC can proportionally extend the delivery deadline. In such case, the CUSTOMER is not entitled to withdraw from the contract or to get damage reimbursement from COMTEC.

The service is finished when the goods at the COMTEC headquarters are ready to be taken over by the CUSTOMER or, in case of delivery delivered to the delivery service. COMTEC informs the CUSTOMER about the finished service by telephone, message or e-mail.

Submission of files for print

The CUSTOMER can submit a file for printing with one of the following media:

on a physical medium (CD, DVD, USB key… in PC format)
via e-mail (for smaller files)
through online services (WeTransfer, Google Drive…), wherein COMTEC must be provided with the appropriate level of access
via website by order in online store

The CUSTOMER shall ensure that the submitted files are not infected with viruses and other harmful computer code. COMTEC may refuse the order in case the file is infected or suspected to be infected with computer viruses.

Print files must be prepared in accordance with the print preparation instructions, which are publicly published on the website, in the online store and at the COMTEC headquarters. COMTEC will only accept file formats specified in the print preparation instructions.

COMTEC is not responsible or in any way liable for incorrect files, submitted by the CUSTOMER, and, consequently, incorrectly printed reproductions of received files.

Graphic templates, technical drawings, models and specific print preparation instructions files for each product can be found in the online store or at a sales consultant.

COMTEC is not responsible or in any way liable for the contents of received files. COMTEC is also not responsible for any errors in the files delivered by the CUSTOMER. By submitting a file for print or parts of the file, the CUSTOMER ensures that he has all the necessary consensus and permissions to use copyrighted content in his work.

Archive files

COMTEC does not archive files and is not responsible or in any way liable for any theft, loss or damage to files.

The CUSTOMER himself must ensure a safe archive storage for the files.

Print file check

In order to avoid potential technical mistakes in the files prepared by the customer, COMTEC offers an additional service called Premium print file check. It includes a review of the technical compliance of the file with the instructions for print preparation.

The customer will be charged extra for this service according to the COMTEC price list valid on the day of implemented service.

Print file check does not include content review and proofreading, design mistakes and corrections / repair of files.

Proof print and allowed colour deviation

The CUSTOMER can order the proof print of ordered graphics on the selected material, with the selected printing technology. The proof print is made in agreed sizes, but not larger than B3 for small format printing and 30 x 50 cm for large format printing.

The cost of the proof print is additionally charged to the CUSTOMER, according to the COMTEC’s price list, valid on the day of service.

The final product may deviate ± 10% from the attached printed attachment or proof print in the intensity and shades of colours.

Printing – cutting on the CUSTOMER’s material

If the order or part of the order is printed or cutted CUSTOMER’s material, COMTEC must perform the test and calibration of the material prior to the beginning of the work. According to the results COMTEC gives an opinion whether the printing or cutting on the CUSTOMER’s material is possible.

Testing and calibration involves the testing of material through the agreed part of the production process (preparation, printing, finishing …), the production of colour profiles for selected printing technologies and other agreed tests and experiments. On the basis of short-term results and experience, COMTEC gives an expert, but unofficial opinion on the suitability of the material. This opinion does not guarantee long-term and 100% durability.

The process of testing and preparation of material is additionally charged to the CUSTOMER, according to the COMTEC’s price list, valid on the day of the service. The cost can be calculated according to the specific situation of the individual case.

COMTEC does not provide any warranty for the CUSTOMER’s materials and COMTEC is not responsible or in any way liable for the quality of printing and/or final product.

Design and preparation of files for printing by COMTEC

If the CUSTOMER cannot provide a file, prepared in accordance with the print preparation instructions or submits an inadequately prepared content in digital or physical form (images, text, physical products …), the necessary preparation of the appropriate print file is additionally charged in accordance with the COMTEC’s price list, valid on the day of service.

Confirmation of graphic design / artwork or proof prints by the CUSTOMER

If the submitted file needs to be modified in any way, the CUSTOMER has to confirm the modified graphic design / artwork in written and signed form or via e-mail.

In case of making a proof print, the CUSTOMER has to confirm the proof print in written and signed form or via e-mail, before the beginning of the printing.

The CUSTOMER may, at its own discretion, refuse to confirm the graphic design / artwork or proof print, but in such case has no right to claim for any errors, which could be prevented by his overview and confirmation of the template or proof prin

Pick-up and delivery

The CUSTOMER is obliged to collect the goods immediately after receiving the COMTEC’s notice (by himself, by an authorised person, carrier, transporter, etc.), except in cases when the CUSTOMER requested delivery with the delivery service at the time of placing the order.

The risk of accidental destruction of goods passes onto the CUSTOMER by taking the goods over:

in case of personal pick-up at the COMTEC office,
in case of delayed pick-up of the goods: at the latest on the first following day after the completion of the service,
in case of delivery with the delivery service: upon the takeover of the goods by the staff of the carrier / delivery service.

The cost of the pick-up of the goods and their dispatch is entirely covered by the CUSTOMER.

If the CUSTOMER requests, COMTEC can organize their own delivery or, in case of an order via an online store, with a delivery service, which is charged to the CUSTOMER.

If the CUSTOMER does not pick up the goods within 7 (seven) days after completing the service, COMTEC can deliver the goods with the delivery service, the costs of such delivery are covered by the CUSTOMER.

If the CUSTOMER still does not pick up the goods within 30 (thirty) days after completing the service, COMTEC can discard the goods at the CUSTOMER’s costs. In such case, the CUSTOMER no longer has the right to claim the delivery of goods, but he is still obliged to pay the entire purchase price for it, together with all costs.

Delivery costs

Delivery is carried out with one or more authorized delivery services. In exceptional cases, the CUSTOMER may order delivery from COMTEC.

Delivery cost is not included in the price and depends on the location of the addressee and the weight of the package and is charged according to the price list of the delivery service, which is confirmed with the confirmation of order.

Review of goods and complaints

The CUSTOMER or the person, who takes over the goods for the CUSTOMER, shall inspect the goods accurately immediately upon receipt and immediately inform COMTEC of any obvious errors, both in terms of quantity and quality. COMTEC is not responsible for any errors that the CUSTOMER did not reclaim upon the receipt of the goods.

The CUSTOMER is obliged to carry out a detailed test of the goods immediately after the pick-up, in order to identify any hidden errors. Any material claims, arising from hidden errors, will be reviewed and can be taken into account if they are reported to COMTEC in written form by the CUSTOMER within 8 (eight) working days from the receipt of the goods and immediately after the finding of hidden errors.

COMTEC does not accept and cannot take into account complaints arising from errors, that are the consequence of the CUSTOMER’s or other persons conduct, material flaws, processing, improper use, mechanical damage, etc. and which did not exist at the moment of delivery of the goods.

COMTEC does not accept and cannot take into account complaints arising from printing on material, delivered by the CUSTOMER, in any case. The CUSTOMER can pre-order a colour calibration and production of a colour profile for the material and a professional assessment of the suitability for using his material in the COMTEC production process.

If the service is performed at the CUSTOMER’s location or for CUSTOMER’s clients, the CUSTOMER is obliged to provide a closed, illuminated and non-dusty space with a constant temperature of 20 degrees Celsius, the surfaces on which the graphics are glued / labeled must be clean, non-greasy and non-waxed. Otherwise, COMTEC is not responsible and cannot be liable for the quality of the performance.

COMTEC is not responsible and cannot be liable for spelling mistakes arising from an incorrect text, submitted by the CUSTOMER or third parties for the CUSTOMER. COMTEC is under no circumstances responsible for poorly prepared files and incorrectly configured colors in files received from the CUSTOMER.

COMTEC is in no case liable for any errors resulting from the violation of contractual terms by the CUSTOMER.

In case of justified and approved material claims, COMTEC is obliged, at its own discretion, to replace the delivered goods to the CUSTOMER, or to issue a credit note. The CUSTOMER is not entitled to any other warranty claims.

COMTEC is not responsible and cannot be liable for any damage to the CUSTOMER or third parties resulting from any errors on the goods, unless COMTEC knew about the error, but has not notified the CUSTOMER.

Tolerance and deviations

The COMTEC product may deviate ± 10% in the intensity of colours, color shades, shape and dimensions..

Intellectual property rights

The CUSTOMER explicitly guarantees COMTEC that no third person has any industrial rights, copyrights or similar intellectual property rights to the submitted files, file content or individual elements of the file content that would in any way prevent implementation of the ordered service from COMTEC to the CUSTOMER.

The CUSTOMER is solely and fully responsible and liable for all possible claims regarding infringements of industrial property rights, copyrights or related intellectual property rights for all graphic designs and preparation in connection with carrying the order out.

In case of claims from third parties towards COMTEC, the CUSTOMER must immediately deliver all necessary documentation concerning the dispute, take over any possible claims from third parties and deliver COMTEC proper insurance against claims from third parties.

If COMTEC still suffers any damages (directly or indirectly) from such case, the CUSTOMER is obliged to reimburse such damage immediately.

For all ORDERS that are clearly marked with “copyright” or “trademark”, the CUSTOMER must submit a written permission for the usage at his own cost. The fulfillment of the order can be withheld until the relevant permission is submitted to COMTEC.

Product labelling

All products will be labelled “Made by comTEC” (manufactured by comTEC), “www.comTEC.si” or similar, unless the CUSTOMER explicitly informs COMTEC that he does not want such an indication, the latest until the acceptance of the offer.

Protection of personal and confidential data

COMTEC will permanently protect all personal data of the user in accordance with the ZVOP-1.

COMTEC keeps the following CUSTOMER’s data for an indeterminate period of time: name and surname, e-mail address, telephone number, company, tax number, primary address and delivery addresses, country of residence, time and date of registration and communication archive with COMTEC.

COMTEC uses the listed personal data exclusively for the purpose of fulfilling the order (sending information materials, offers, invoices) and other necessary communication with the CUSTOMER.
The CUSTOMER’s data will in no case be handed over to unauthorized persons.

Every user is also responsible for protection of personal data by ensuring the security of his/her e-mail address, username and password and the appropriate software (antivirus) protection of his or her computer.

COMTEC also has internal Rules on the protection of personal data and other confidential information.

Limitation of liability

COMTEC is doing its best to ensure the data are up-to-date and correct. Nevertheless, product properties, delivery times or prices can change so quickly that COMTEC fails to change the data in time. In such case, COMTEC will notify the CUSTOMER of the changes and will allow him to withdraw from the contract or replace the ordered product.

Events, which COMTEC has no influence on

COMTEC is not liable for any failure or delay in the performance of any of its obligations under the contract, resulting from the event to which COMTEC does not have any influence on.

An event, which COMTEC does not have influence on, means any act or event beyond the reasonable control of COMTEC, including, without limitations, strikes, blockades or other industrial actions by third parties, civil riots, protests, invasions, terrorist attacks or threats of terrorist attacks, war (whether the state of war was declared or not) or possibility of war, fire, explosions, storms, floods, earthquakes, sinking, an epidemic or other natural disaster, public or private telecommunication networks breakdown, inability to use railways, air transport, motor transport or other means of public or private transport.

In case of event, on which COMTEC does not have an influence on and such an event affects the fulfilment of COMTEC’s obligations under the contract:

COMTEC will inform the CUSTOMER as soon as possible within a reasonable time, depending on the circumstances,
COMTEC’s obligations, under the contract, will be cancelled and the time for the fulfillment of contractual obligations will be extended for the time of the event, which COMTEC does not have any influence on,
if the event, which COMTEC does not have influence on, lasts for more than four weeks, the CUSTOMER is entitled to terminate the contract.

Communication

Informing the CUSTOMER is carried out by sending a notice to the CUSTOMER’s address (telephone number, fax number, e-mail address, company address, etc.) specified in the order, regardless whether the CUSTOMER accepts the notice or not..

Termination of the contract

If the CUSTOMER decides not to proceed with the order, among which also Premium print file check and/or Proof print were ordered, he should immediately notice COMTEC in a written form. The CUSTOMER is obliged to pay additional costs incurred by COMTEC in the performance of the Premium print file check and/or Proof print.

COMTEC has the right to terminate the received order or withdraw from the contract in case the CUSTOMER has to provide and deliver the prepared print files, in accordance with the instructions, but does not submit them within 4 (four) weeks from the order date.

The CUSTOMER is explicitly notified that cancellation of the contract, except in cases of violation of contractual provisions, is not possible.

The CUSTOMER, who is a private individual (consumer) is explicitly notified that he is not entitled to withdraw from the contract within 14 days, because the goods are manufactured according to the exact instructions of the CUSTOMER and adjusted to his needs. The CUSTOMER is also not entitled to withdraw from the contract when COMTEC fulfills the contract and the service was initiated on the basis of the consumer’s explicit prior consent and the assent that he loses the right to withdraw from the contract, when the COMTEC fulfills it.

Complaints and disputes

In case of a problem, the CUSTOMER should get in touch with COMTEC by phone at +386 2 429 65 40 or by e-mail to info@comtec.si. The complaint should be submitted via e-mail info@comtec.si or in written form to COMTEC. The complaint procedure is confidential.

Possible disputes between parties are under the jurisdiction of the Court in Maribor. In the case of contracts with an international elements, the law of the Republic of Slovenia shall apply.

Last updated:: 30.1.2018