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General Terms and Conditions for the Provision of Cosmetic Product Manufacturing and Branding Services
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General Provisions and Subject of the Agreement These terms and conditions define the conditions of cooperation between the company OSVČ Pamkieieva Marharyta, Company ID IČ: 03596753 VAT: CZ 683560978, with its registered office at Bryksova763/46, Praha, 198 00, registered in the Commercial Register maintained by Č.j.: MCP20 009523/2020/OZOSA/OR, Sp. značka:SZ MCP20 009521/2020 , (hereinafter referred to as the "Provider") and the client (hereinafter referred to as the "Customer").
1.1. Subject of the Agreement: The Provider offers the Customer "private label" cosmetic product manufacturing services, including:-
The provision of ready-to-use cosmetic formulas that comply with EU requirements.
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The manufacturing of the products.
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Printing and branding services for labels designed by the Customer using the Provider's online creator.
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The performance of the duties of the Responsible Person in accordance with EU Regulation No. 1223/2009.
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Rights and Obligations of the Provider 2.1. The Provider undertakes to ensure the manufacturing of products in accordance with high quality standards and the requirements of valid legislation, including EU Regulation No. 1223/2009 on cosmetic products. 2.2. The Provider acts as the Responsible Person, bears full legal responsibility for the products, and undertakes to register each product on the Cosmetic Products Notification Portal (CPNP). 2.3. The Provider guarantees the availability and archiving of a complete Product Information File (PIF) for each product and will provide access to it upon request from competent authorities. 2.4. The Provider has the right to make changes to the product assortment or its prices, about which it will inform the Customer in advance via the Website.
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Rights and Obligations of the Customer 3.1. The Customer undertakes to provide the Provider with graphic designs for packaging and/or labels, which include the Customer's brand and logo, created using the Provider's online design tool. 3.2. The Customer bears full responsibility for the compliance of its brand, label design, and any product claims with copyright laws and the legislation of the countries where it plans to sell the products. 3.3. The Customer undertakes not to use information obtained from the Provider (including technical specifications of manufacturing) for the production or distribution of similar products through third parties. 3.4. The Customer undertakes not to make misleading statements about the properties of the products that are not supported by documentation.
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Branding and Labeling Conditions 4.1. The Provider will place on the product packaging the mandatory information about the Responsible Person (its own details) as well as the Customer's brand and logo created through the creator. 4.2. The Customer acknowledges that the presence of its brand on the packaging does not transfer the legal responsibility of the Responsible Person to it.
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Payment and Delivery Conditions 5.1. The Customer shall make payment for the products in accordance with the conditions specified on the Provider's website at the time of ordering. 5.2. The Provider is responsible for the timely shipment of the order but is not responsible for delays caused by the actions of third parties (carriers) or incorrect data provided by the Customer. 5.3. The risk of accidental loss or damage to the products passes to the Customer at the time the goods are handed over to the carrier.
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Return and Quality Conditions 6.1. The return or exchange of products is possible only in the case of manufacturing defects that render the products unusable. 6.2. The Customer is obliged to inform the Provider of defects within 14 days of receiving the order.
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Confidentiality and Data Protection 7.1. Both parties undertake to maintain the confidentiality of commercial information obtained during the collaboration. 7.2. The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and the Provider's Privacy Policy, which is available on the Website.
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Limitation of Liability 8.1. The Provider is not responsible for any indirect damages, including lost profits, loss of income, or business reputation, arising from this Agreement.
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Dispute Resolution 9.1. All disputes and disagreements arising in connection with this Agreement will be resolved through negotiation. If an agreement is not reached, the dispute will be submitted for resolution to the competent court under Czech law.
Termination of the Agreement 10.1. The Provider reserves the right to suspend or terminate the Agreement in the event of a material breach of its terms by the Customer, including, but not limited to: fraud, violation of intellectual property rights, or non-compliance with payment terms.