CONTRACT-OFFER

for the provision of printing services

 

1. GENERAL PROVISIONS.

1.1. This Agreement (hereinafter referred to as the Agreement) determines the conditions for the provision of printing Services (hereinafter referred to as the Services) for the production of printed products MoDenDL OÜ (registration number and is an offer addressed to all Customers legal entities and individuals, i.e. proposals for concluding an Agreement for the provision of Services by the Contractor on the terms set forth in the Agreement.

1.2. This Agreement does not require bilateral signing and is valid in electronic form. The agreement is considered to be concluded and acquires the force of an accession agreement from the moment the Customer receives a written confirmation of the order for the provision of services, in the absence of such confirmation, from the moment the Customer pays for the corresponding order (acceptance of the contract by the Customer). A written confirmation of the order is a message received from the Customer by fax, e-mail, through the order form on the Contractor's website (moden.ee or label-24.com), or in any other way, and containing the express intention of the Customer to consider himself to have entered into an agreement with MoDenDL OÜ for the provision of services. Actions confirming the order mean that the Customer fully and unconditionally accepts all the terms of the Agreement without any exceptions and / or restrictions.

1.3 This offer agreement is published at: http:// www.moden.ee or http:// www.label-24.ee MoDenDL OÜ reserves the right to make changes to these Terms, in connection with which the Customer undertakes to regularly monitor changes to the Terms posted on the website at the appropriate address.

1.4. By accepting the terms of this public offer agreement, the Customer confirms his legal capacity and capacity, the Customer's attainment of the age of 21, as well as the Customer's legal right to enter into contractual relations with MoDenDL OÜ.

 

2. SUBJECT OF THE CONTRACT

2.1. MoDenDL OÜ provides printing services and executes printing orders (hereinafter - Orders) in accordance with the current price list, and the Customer makes payment and accepts the services provided in accordance with the terms of this Agreement.

2.2. The specific name, characteristics and other important indicators of the services provided are specified by the Customer when placing the Order and are considered an integral part of this Agreement.

2.3. This Agreement and its appendices are official documents of MoDenDL OÜ and an integral part of the offer.

 

3. ORDERING

3.1. The Customer places an application for the provision of Services in person at the MoDenDL OÜ office, on the MoDenDL OÜ website, or sends it to MoDenDL OÜ in writing by e-mail, fax or otherwise, and indicates in the sent application the name, characteristics and required circulation of the Services.

3.2. The customer, when placing an order, undertakes to provide the following information about himself: e-mail address, contact phone number. By providing this information, the Customer confirms his legal capacity and consents to the processing of his personal data. MoDenDL OÜ operates on the basis of the personal data processing policy posted on the websites http:// www.moden.ee or http:// www.label-24.ee.

3.4. The cost of the order is valid at the time of placing the order and within three banking days from the date of its placement, except for cases when the order is placed on the terms of a special offer (promotion). If the Customer has not paid for the Services within this period, the Contractor has the right to unilaterally change the cost.

3.5. If the Customer complies with the terms of payment for the Services provided for in clause 4.1 of this Agreement, the cost of the order is considered fixed and cannot be changed unilaterally.

 

4. PAYMENT

4.1. The Customer pays for the Services in a non-cash way: by bank transfer or debiting in accordance with the established procedure from the Customer's bank card, to the account of MoDenDL OÜ with an advance payment in the amount of 100% of the cost of the Services within three banking days from the date of confirmation of the order. Payment confirmation is the transfer of funds to the account of MoDenDL OÜ.

 

5. PRODUCTION AND LOGISTICS

5.1. The Contractor provides the Services on time and on the terms agreed upon when placing the order.

5.2. Changes to the technical parameters and terms of production of the Products are possible at the initiative of any of the parties. All changes in the technical and other conditions for the manufacture of the Products are made in writing and signed by authorized representatives of the parties. The written form is considered to be observed if the parties exchanged messages by e-mail or fax.

5.3. MoDenDL OÜ has the right to provide Services to the Customer in parts only with the written consent of the Customer.

5.4. MoDenDL OÜ notifies the Customer about the provision of the Services in one of the following ways: by phone, by fax, by e-mail, by sending an electronic text message. Sending such a notification means that the finished printed products are in the warehouse of MoDenDL OÜ and the printed products are ready for shipment, as well as the need for the Customer to accept the Products.

5.5. The day of sending the notification to the Customer about the readiness of the products is considered the date of the actual production of the products and means the fulfillment of MoDenDL OÜ's obligations to the Customer regarding the timing of the provision of the Services. The order is considered delivered at the moment of its transfer to the Customer. The Customer confirms the execution of the Order by accepting it.

5.6. MoDenDL OÜ starts work on the manufacture of products after receipt of the advance payment to its current account in accordance with clause 4.1. of this Agreement and receipt of the electronic version of the original layout of the Products approved by the Customer, unless otherwise provided by written agreement of the Parties. The original layout submitted by the Customer must fully comply with the technical requirements of MoDenDL OÜ, described on the websites of MoDenDL OÜ - moden.ee or label-24.com.

5.7. If the Customer violates the deadlines for transferring the layout to MoDenDL OÜ, or if the Customer needs to make changes or additions to it, MoDenDL OÜ has the right to increase the deadline agreed by the parties for the execution of the order, notifying the Customer about it. If the previously agreed scope of work is increased at the initiative of the Customer, the cost and deadline for its implementation will be agreed additionally.

5.8. A change in the terms (cost), which occurred as a result of the actions (inaction) of the Customer, will be considered a violation of the deadlines due to the fault of the Customer. In this case, MoDenDL OÜ is released from liability for violation of the terms and / or other obligations under the Agreement, as well as from compensation for any additional losses to the Customer.

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. MoDenDL OÜ undertakes:

- Provide Services of adequate quality in accordance with the provided original layout and the Customer's task, which was last set out when placing an order, and carry out printing work in accordance with the requirements of industry standards within the time period agreed by the parties.

- At the request of the Customer, inform him about the progress of the provision of the Services, as well as immediately notify the Customer of all circumstances that may lead to non-compliance with the terms of the provision of the Services or violation of other conditions of this Agreement.

- If the unsuitability or poor quality of the source material provided by the Customer is found, warn the Customer about the possible adverse consequences for the Customer of the fulfillment of his task and suspend work. Notification of the discovery of unsuitability or poor quality of the source material must be immediately transferred to the Customer by telephone and facsimile. The Customer is obliged, within one day from the date of receipt of the notification, to transmit by facsimile or personally hand over to the Contractor a written instruction to stop or continue work, and if it is necessary to replace the material (or part of it), the Customer is obliged to make a replacement within two days. In the event that MoDenDL OÜ does not receive a response to its warnings within the above period, it has the right to stop work. The Customer is obliged to reimburse MoDenDL OÜ in full for all losses incurred by the Contractor due to the stoppage of work, including the cost of downtime of the printing machine and the cost of reconfiguring equipment and manufacturing additional printing plates, if necessary to eliminate deficiencies that arose through the fault of the Customer.

- Transfer the printed products to the Customer within the agreed timeframe;

- In agreement with the Customer, destroy or return all source materials provided by him.

- At the request of the Customer, for an additional fee, make changes to the already agreed original layout and / or technical parameters for the provision of Services, or accept such changes in finished form from the Customer.

6.2. MoDenDL OÜ has the right to:

- At its own discretion, engage third parties to provide the Services and transfer to them the layout of the Customer (its part); at the same time, MoDenDL OÜ shall be liable to the Customer for the inadequate quality of the Services provided by third parties, or other violations of obligations under this Agreement;

- Demand additional payment for their services in case the Customer changes the parameters of his order, as well as, if necessary, make changes to the original layout;

- Increase, by notifying the Customer in writing, the term of the Service in case of late payment by the Customer, in case of late provision by the Customer of the layout and terms of reference, as well as in case of non-compliance of the provided layout with the technical requirements

- Refuse to provide the Services to the Customer if the layout or other materials provided by the Customer violate the requirements of the EP legislation on advertising, the rights of authors and other owners of exclusive rights, are pornography, promote hatred and / or discrimination of people on racial, ethnic, gender, religious, social grounds ; promotes the use of drugs and other drugs that are harmful to health; call for cruelty to animals; violate the rights of national and other minorities.

6.3. The customer undertakes:

- Pay for the Services rendered in accordance with the terms of the Agreement;

- Comply with the requirements of the legislation of the Republic of Estonia on copyright and related rights, guarantee MoDenDL OÜ freedom from any encumbrances on the original layout (its parts), guarantee the observance of the rights of third parties;

- Within three days from the date of confirmation of the order, transfer to MoDenDL OÜ an electronic version of the layout that fully complies with the technical requirements specified in Appendix No. 1 to this Agreement, transfer information about the layout of the site developed as part of the provision of the Services.

- If the layout does not meet the technical requirements of MoDenDL OÜ, the Customer undertakes: within three days, at his own expense and on his own, modify the layout and bring it into line with the requirements, or notify MoDenDL OÜ of the need to refine the layout by MoDenDL OÜ. In this case, the revision is carried out for an additional fee and within the terms agreed by the Parties, on the basis of an additional invoice issued by MoDenDL OÜ.

- If the MoDenDL OÜ layout is finalized and after signing the modified original layout by the Customer, it is considered that all the information and parameters are correct, claims to the content of such a layout (or to products manufactured on its basis) MoDenDL OÜ are not accepted;

- Accept the rendered Services in accordance with the terms of the Agreement.

- Take out (in the case of self-delivery) finished products from the territory of MoDenDL OÜ within 3 working days from the receipt of a message about the readiness of the circulation. When exporting products later than the specified period, the Contractor has the right to charge a storage fee from the Customer. Payment is made within 3 banking days from the date of export of the Circulation on the basis of an invoice from the Contractor

- Ownership of the Order, as well as the risk of its accidental loss or damage, passes to the Customer from the moment the Order is received.

- In case of justified quality claims against MoDenDL OÜ, not later than three days from the date of acceptance, draw up a written claim and send it to MoDenDL OÜ.

6.4. The customer has the right:

- In the process of executing the Agreement, make changes to the already agreed original layout and / or technical parameters of the Services provided, in agreement with MoDenDL OÜ. In this case, it is considered that the Customer is notified of the consequences: possible violations of deadlines, changes in cost, possible qualitative changes in the provision of Services, possible errors due to the suspension and subsequent restoration of work on the provision of Services;

- Refuse to provide the Services by notifying the Contractor in writing. In this case, MoDenDL OÜ undertakes to return the funds transferred to the Customer, minus the actual costs incurred, and the Customer is obliged to reimburse MoDenDL OÜ for losses associated with the refusal to fulfill obligations under the Agreement.

- Receive printed products manufactured in accordance with this agreement upon presentation of MoDenDL OÜ certifying documents, or a duly executed power of attorney for an authorized person.

 

7. RESPONSIBILITIES OF THE PARTIES

7.1. The Contractor is responsible for meeting deadlines. If MoDenDL OÜ violates the term for the provision of the Services, it is obliged, at the written request of the Customer, to pay him a penalty in the amount of 0.1% for each day of delay, but not more than 5% of the value of this Agreement.

7.2. In the event of the provision of Services of inadequate quality and the validity of the Customer's claims, MoDenDL OÜ undertakes, on its own and at its own expense, to eliminate the deficiencies or re-provide Services of adequate quality. If the technological process provides for a longer term for the provision of Services, MoDenDL OÜ has the right to change the terms for eliminating its shortcomings by notifying the Customer in writing. At the same time, the period for correcting deficiencies cannot exceed the period agreed by the parties.

7.3. The liability of MoDenDL OÜ is limited to the cost of rendered Services of inadequate quality, other losses and lost profits of the Customer are not subject to compensation. The maximum liability of the Contractor in any case cannot exceed the cost of the disputed Services rendered, paid by the Customer.

7.4. The customer is fully responsible for the content and design of the layout, as well as for its compliance with the requirements of the current legislation, incl. on copyright and related rights, on the protection of personal data.

 

8. QUALITY AND PRODUCT RETURNS

8.1. The quality of the Services provided must comply with the norms of the legislation of the Republic of Estonia and the requirements of industry technical regulations.

8.2. The Customer undertakes to accept the rendered Services, printed products in terms of quality, in accordance with the terms of the Agreement.

8.3. The Customer is not entitled to refuse the paid Order (or part thereof) of proper quality, having individually defined properties.

8.4. In case of receiving a service of inadequate quality, the Customer undertakes to contact the MoDenDL OÜ office within 5 working days to carry out a quality check.

If there are justified claims regarding the quality of the Services provided (i.e., signs of the Services being performed not according to the agreed layout and terms of reference), the parties draw up, or the Customer sends MoDenDL OÜ a justified claim, indicating: inconsistencies in the provision of the Services, and also sets out its requirements. He also has the right, no later than three days from the date of receipt, to return poor-quality copies of printed materials to MoDenDL OÜ.

8.5. If the Customer does not send a written claim to MoDenDL OÜ within three days from the date of acceptance of the Services and does not return the defective products, all the Services provided are considered to be of high quality, and all obligations of the Contractor to provide the Services are duly fulfilled.

 

9. CLAIMS AND DISPUTES RESOLUTION

9.1. To resolve disputes related to violation of the rights of the Customer, a pre-trial (claim) procedure for resolving disputes is applied.

9.2. Claims of the Customer shall be submitted in writing addressed to the director of MoDenDL OÜ. The claim can be sent by registered mail with a list of attachments and a return receipt or delivered to the office of MoDenDL OÜ in person.

9.3. The claim shall indicate: the surname, name, patronymic of the Applicant, phone number, address of the Applicant, nature of the service, Order number, information about payment for the Order, the Applicant's claim, the circumstances on which the claim is based, a list of documents attached to the claim and other evidence of marriage or the provision of services of improper quality. MoDenDL OÜ, having received a claim, is obliged to consider it and respond on the merits of the claim within ten days from the date of receipt of the claim. On its basis, by agreement of the parties, a decision is made on the further actions of the Contractor:

complete alteration or completion of the Order, a proportional reduction in the price of products, the provision of discounts for subsequent Services, etc.

9.5. All disputes arising from this Agreement that are not settled in the complaint procedure are subject to consideration in the court of Tallinn in accordance with the legislation of the Republic of Estonia.

 

10. PRIVACY AND COPYRIGHT

10.1. MoDenDL OÜ undertakes not to transfer the content of the Customer's work to third parties, and also not to disclose other information about the Customer that has become known to him in the process of fulfilling obligations under this Agreement, unless otherwise directly follows from the meaning and conditions of the Agreement.

10.2. The Contractor has the right to non-commercially use the Customer's layout in electronic form, as well as single copies of printed materials produced by MoDenDL OÜ with the consent of the Customer in order to demonstrate samples of the work performed by MoDenDL OÜ.

 

11. OTHER TERMS

11.1. This Agreement shall enter into force from the moment the Customer confirms the order for the Services and expresses consent to the terms of the Agreement in the manner provided for in clause 1.2 of this Agreement.

11.2. The Customer undertakes to independently familiarize himself with the terms of the Agreement. By placing an order, the Customer thereby confirms that he has read the terms of this Agreement, they are clear to him and he accepts them unconditionally and in full.

11.3. Any annexes, amendments and additions to the Agreement are valid provided that they are made in writing and signed by both Parties. The written form is considered to be complied with if the Parties exchanged messages by e-mail or fax.

11.4. In all other respects that are not provided for by the Agreement, the Parties are guided by the legislation of the Republic of Estonia.

 

MoDen DL OÜ

Kopli 35B, Tallinn, 10412, Harjumaa, EV

Registration number 10115595

Tax number EE100330298

info@moden.ee

www.moden.ee

tel: +372 56961104

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