General Terms and Conditions
Merch4U | Effective from 20 September 2026
1. Introductory provisions
1.1 These General Terms and Conditions (the “Terms”) govern contractual relations between:
SM Production s.r.o. Company ID: 27203719 VAT ID: CZ27203719 Registered office: Arbesova 492, 272 01 Kladno, Czech Republic E-mail: info@merch4u.cz Telephone: +420 777 557 324
Showroom and correspondence address: Merch4U, Mlýnská 60/2, 160 00 Prague 6 – Bubeneč, Czech Republic
(the “Supplier”)
and its customers (the “Customer”).
1.2 These Terms apply in particular to the supply of textiles, accessories, promotional and merchandising products, printing, embroidery, patches, other forms of customisation, graphic and related services, and other orders agreed with the Supplier.
1.3 The websites www.merch4u.cz and katalog.merch4u.cz serve primarily as presentation and enquiry catalogues. Submitting an enquiry through either website does not create a contract or oblige the Customer to place an order.
1.4 Orders are primarily intended for business customers. Where the Customer is a consumer, Article 14 of these Terms and all mandatory consumer protection provisions also apply.
1.5 Any provisions contained in a specific quotation, order confirmation or other individual agreement take precedence over these Terms.
2. Enquiries, quotations and formation of contract
2.1 The Customer submits an enquiry containing the requested order specifications. Before preparing a quotation, the Supplier may request additional information regarding the artwork, required quantity, sizes, colours, production technology, delivery date or place of delivery.
2.2 Product information, photographs, availability and indicative prices stated in the catalogue do not constitute an offer to enter into a contract. Only an individual quotation identified as binding and accepted within its validity period is binding.
2.3 A contract is formed:
a) when the Customer expressly accepts the quotation; b) when the Supplier confirms the order; c) when the Customer pays a requested deposit; or d) in another unambiguous manner agreed by both parties.
2.4 The Supplier may reject an enquiry or order, particularly due to product unavailability, the requested production technology being unsuitable, insufficient production materials, doubts regarding the Customer’s right to use the supplied design, or the Customer’s outstanding debts.
2.5 Where the Customer acts as a business, it must provide its business name, registered office or place of business, company registration number and, where applicable, VAT identification number.
3. Price and payment terms
3.1 The applicable quotation or order confirmation specifies the price, currency, VAT, delivery costs, any additional costs and the payment terms.
3.2 Unless stated otherwise, prices quoted to business customers exclude VAT. Prices quoted to consumers include VAT.
3.3 The Supplier may require a deposit, particularly for customised production, a first transaction with the Customer or goods sourced specifically for an individual order.
3.4 The commencement of production and the start of the delivery period may be conditional upon the deposit being credited to the Supplier’s account and upon the delivery or approval of all materials required to complete the order.
3.5 Invoices are payable by the due date stated on the invoice.
3.6 A business Customer in default must pay statutory default interest and the statutory fixed compensation for costs associated with the recovery of the outstanding amount.
3.7 Where additional work or costs arise after the contract has been concluded due to the Customer’s request or due to incomplete, incorrect or subsequently amended materials, the Supplier may charge such additional costs after notifying the Customer.
4. Customer-supplied materials and third-party rights
4.1 The Customer is responsible for the accuracy, completeness and usability of all supplied texts, logos, graphic designs, dimensions, colour specifications, size lists and other materials.
4.2 The Customer represents that it is authorised to use all supplied materials, names, trade marks, photographs, logos and graphic designs and is authorised to permit the Supplier to use them to the extent necessary to fulfil the order.
4.3 The Supplier is not liable for any infringement of copyright, trade mark rights or other third-party rights resulting from the use of materials supplied by the Customer.
4.4 If a third party asserts a claim against the Supplier in connection with materials supplied by the Customer, a Customer acting as a business shall reimburse the Supplier for reasonably incurred costs and any resulting loss.
4.5 The Supplier may refuse to produce content that is unlawful, manifestly infringes third-party rights or is contrary to public morals.
5. Artwork and proof approval
5.1 Where an order requires the preparation of a proof, visualisation, correction, sample or embroidery file, the Customer must inspect and approve the relevant material before production begins.
5.2 By approving the material, the Customer confirms in particular:
a) the design and wording; b) spelling and accuracy of the information; c) placement of the design; d) its size and proportions; e) the agreed colour treatment; f) the selected product and production technology.
5.3 The Supplier is not liable for defects, typographical errors or deviations that were clearly visible in the material approved by the Customer, or for defects caused by incorrect or incomplete materials supplied by the Customer. This does not affect any consumer rights that cannot be contractually restricted.
5.4 Any visualisation displayed on a screen is indicative only. The displayed colour, scale, textile structure, embroidery detail and result of the selected production technology may differ from the physical product.
5.5 A precise colour shade is binding only where the method used to determine it, a physical reference sample and a technically achievable tolerance have been expressly agreed in advance.
5.6 Changes requested after the artwork has been approved may affect the price and delivery date. The Supplier is not obliged to accept a change after production has begun.
6. Custom production and permitted tolerances
6.1 The Customer acknowledges that textiles and the technologies used to customise them are subject to natural manufacturing and technological variations.
6.2 The following, in particular, are not considered defects:
a) normal shade variations between individual production batches; b) minor variations in the placement or dimensions of a design; c) normal variations in the texture of printing or embroidery; d) differences caused by the structure or composition of the textile material; e) other variations customary for the agreed material and production technology;
provided that such variations do not prevent the ordinary or expressly agreed use of the product.
6.3 Pantone, RAL, TCX, RGB and CMYK colour systems and monitor displays use different principles. Conversion between individual systems is therefore approximate unless a physical reference and an acceptable tolerance have been expressly agreed and approved.
6.4 The properties, dimensions and weight of textiles may vary within the tolerances specified by the manufacturer of the relevant product.
6.5 In custom production, a quantity within a manufacturing tolerance may be supplied and invoiced only where the specific tolerance was stated in advance in the quotation or order confirmation.
6.6 A consumer will not receive or be charged for a quantity exceeding the quantity ordered without the consumer’s express consent.
6.7 The Customer must follow the care instructions stated on the product and any specific instructions issued by the Supplier regarding the applied printing, embroidery or other branding.
7. Delivery time
7.1 The delivery time is specified in the quotation or order confirmation.
7.2 Unless a delivery date is expressly identified as fixed or guaranteed, it is an estimated delivery date.
7.3 The delivery period begins only after all conditions required to commence production have been satisfied, particularly after:
a) the order has been finally specified; b) usable production materials have been supplied; c) the proof or sample has been approved, where required; d) the agreed deposit has been credited to the Supplier’s account.
7.4 A delay by the Customer in approving materials, a change in specifications or failure to provide the necessary cooperation extends the delivery period by at least the period of the delay and a reasonable period required to reschedule the order for production.
7.5 The Supplier is not liable for delays caused by extraordinary, unforeseeable and unavoidable circumstances beyond its control, including supply disruptions, transport restrictions, natural events, epidemics, strikes, power outages or other events of force majeure.
7.6 The Supplier will notify the Customer without undue delay of such circumstances and their expected impact.
8. Delivery and transfer of risk
8.1 Goods are delivered by the method and to the place agreed in the contract, quotation or order confirmation.
8.2 Delivery costs are borne by the Customer unless otherwise agreed.
8.3 Upon receipt, the Customer must inspect the shipment for damage. Any visible damage should be recorded with the carrier and reported to the Supplier without undue delay, accompanied by photographs where possible.
8.4 A consumer’s statutory rights are not affected by a failure to inspect the shipment or record transport damage.
8.5 For a business Customer, the risk of damage to the goods passes when the goods are handed over to the Customer or to the first carrier, depending on the agreed delivery method.
8.6 For consumers, the risk of damage passes in accordance with the Czech Civil Code.
8.7 Title to the goods passes to the Customer only after the price has been paid in full, to the extent permitted by the nature of the goods and applicable law.
9. Inspection of goods and complaints
9.1 The Customer must inspect the goods after receipt.
9.2 A business Customer shall report visible defects and quantity discrepancies without undue delay and no later than 5 working days after receipt. Latent defects shall be reported without undue delay after their discovery.
9.3 The time limit stated in the preceding paragraph does not apply to consumers.
9.4 Complaints may be submitted:
- by e-mail to info@merch4u.cz; or
- in writing or in person at Merch4U, Mlýnská 60/2, 160 00 Prague 6 – Bubeneč, Czech Republic.
9.5 The Customer should state the order or invoice number, describe the defect, specify the number of affected items and, where possible, provide photographs. The Supplier will inform the Customer of the next steps and, where applicable, the address to which the goods should be returned.
9.6 Rights arising from defective performance are governed by the Czech Civil Code. Depending on the nature of the defect, the Customer may be entitled to request:
a) repair of the defect; b) replacement of the defective product; c) delivery of the missing quantity; d) a reasonable reduction in price; or e) termination of the contract, where the statutory conditions are satisfied.
9.7 A complaint cannot be accepted where damage was caused by:
a) use of the product contrary to its intended purpose; b) washing or care contrary to the applicable instructions; c) normal wear and tear; d) mechanical damage occurring after receipt; e) intervention or alteration by the Customer or a third party.
9.8 Consumer complaints will be accepted, documented and resolved within the periods and in the manner required by applicable law.
10. Changes and cancellation of an order
10.1 After the contract has been concluded, the specifications, quantity or delivery date may be changed only by agreement between the parties.
10.2 The Supplier may make its acceptance of a change conditional upon reimbursement of costs already incurred and an adjustment to the price or delivery date.
10.3 The Supplier is not obliged to accept a requested change after production has begun.
10.4 If the Customer cancels an order after work has commenced or after goods have been ordered, produced or customised for the order, the Customer shall pay the Supplier for:
a) work already completed; b) materials and goods already purchased; c) non-refundable costs; d) any other demonstrable loss incurred.
10.5 For consumers, the preceding provision applies only to the extent permitted by applicable law.
10.6 Where the Customer has paid a deposit, the deposit will be credited against the Supplier’s legitimate claims arising in connection with the cancellation. Any remaining balance will be returned to the Customer.
11. Supplier’s intellectual property
11.1 Unless otherwise agreed in writing, payment of the price does not transfer ownership of or grant a licence to production files, embroidery programmes, print separations, templates, technical processes, working files or designs created by the Supplier beyond the Customer’s original materials.
11.2 Where an order includes the creation of a copyright work intended for further use by the Customer, the scope of the licence is governed by a separate agreement.
11.3 Where the scope of the licence has not been expressly agreed, a licence is granted only to the extent necessary to fulfil the purpose of the specific order and only after the price has been paid in full.
12. Liability in business relationships
12.1 In relation to a business Customer, compensation for foreseeable property loss arising from a breach of a single contract is limited to an amount corresponding to the total price of the relevant order excluding VAT.
12.2 The limitation in the preceding paragraph does not apply to loss caused intentionally or through gross negligence or where such limitation is prohibited by law.
12.3 The Supplier is not liable to a business Customer for indirect loss, loss of profit, loss of business opportunity or consequences arising from the use of goods for a purpose that was not agreed or that the Supplier could not reasonably have foreseen.
12.4 This Article does not apply to the detriment of a consumer.
13. Personal data
13.1 Information concerning the processing of personal data is provided in the separate Privacy Policy available at:
https://katalog.merch4u.cz/ochrana-osobnich-udaju
13.2 For the purpose of processing an enquiry and fulfilling an order, the parties may exchange the contact details of their employees, contractors or other contact persons. Each party is responsible for ensuring that it does so in accordance with applicable law.
14. Special provisions for consumers
14.1 A consumer is an individual who enters into a contract outside the scope of their business activity or independent professional activity.
14.2 Where a consumer concludes a distance contract or an off-premises contract, the consumer generally has the right to withdraw from the contract within 14 days without giving a reason. The duration of the withdrawal period and the date on which it begins are governed by the Czech Civil Code.
14.3 A notice of withdrawal may be sent:
- by e-mail to info@merch4u.cz; or
- in writing to Merch4U, Mlýnská 60/2, 160 00 Prague 6 – Bubeneč, Czech Republic.
14.4 The 14-day withdrawal right does not apply, in particular, to goods made according to the consumer’s specifications or clearly personalised to the consumer’s requirements.
14.5 Consequently, a consumer generally cannot withdraw without giving a reason from a contract for textiles or other goods customised according to the Customer’s requirements by means of, in particular:
a) printing; b) embroidery; c) a patch; d) a name or individual wording; e) a logo or custom graphic design; f) an individually selected combination of product, colours or design; g) another form of personalisation.
14.6 Where standard non-personalised goods are concerned and the consumer validly withdraws from the contract, the consumer must return the goods to the Supplier without undue delay and no later than 14 days after withdrawal.
14.7 The consumer bears the direct cost of returning the goods.
14.8 The Supplier will refund the payments received from the consumer, including the cost corresponding to the least expensive delivery method offered, within the period and in the manner prescribed by the Czech Civil Code.
14.9 The Supplier may withhold the refund until it has received the returned goods or until the consumer provides evidence that the goods have been sent back, whichever occurs first.
14.10 The consumer is liable only for any reduction in the value of the returned goods caused by handling the goods beyond what was necessary to establish their nature and characteristics.
14.11 In the event of a consumer dispute, the parties should first attempt to resolve the matter by mutual agreement.
14.12 A consumer may submit a dispute for alternative dispute resolution to:
Czech Trade Inspection Authority Central Inspectorate – ADR Department Štěpánská 796/44 110 00 Prague 1 Czech Republic Website: www.coi.cz
15. Governing law and dispute resolution
15.1 Contractual relations between the Supplier and the Customer are governed by the laws of the Czech Republic, particularly Act No. 89/2012 Coll., the Czech Civil Code.
15.2 The choice of Czech law does not deprive a consumer of the protection afforded by mandatory provisions of the legal system that would otherwise apply to the contractual relationship.
15.3 Disputes involving business Customers will be resolved by the competent courts of the Czech Republic.
15.4 To the extent permitted by law, the Supplier and a business Customer agree that territorial jurisdiction will be determined according to the Supplier’s registered office.
15.5 If any provision of these Terms is invalid, ineffective or unenforceable, this does not affect the validity and effectiveness of the remaining provisions. The invalid or ineffective provision will be replaced by a provision that most closely reflects its legal and commercial purpose.
16. Final provisions
16.1 The version of the Terms effective at the time the contract is concluded forms part of the contract.
16.2 The Supplier may amend these Terms prospectively. An amendment will not affect contracts already concluded without the Customer’s consent.
16.3 The Czech version of these Terms is authoritative. The English version is a translation. In the event of any inconsistency, the Czech wording prevails to the extent permitted by applicable law.
16.4 These General Terms and Conditions are effective from 20 September 2026.