TERMS AND CONDITIONS
with its registered office at Synkovská 1327/6
identification number: 27253589
entered in the Commercial Register maintained by the Municipal Court in Prague, section C 107884
for the sale of goods via an online shop located at the following internet address gfshop.cz
1. Introductory Provisions
1.1. These terms and conditions (hereinafter referred to as "Terms and Conditions") of ADDLAND s.r.o., with its registered office at Synkovská 1327/6, Prague 6, identification no.: 27253589, entered in the Commercial Register maintained by the Municipal Court in Prague, section C 107884 (hereinafter referred to as the "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the gfshop.cz website (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Web Interface of the Shop").
1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of their business or in the course of their independent exercise of their profession.
1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Any deviating provisions in the Purchase Contract shall prevail over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are available in Czech and English. The Purchase Contract can be concluded in Czech and English.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
2. User Account
2.1. The Web Interface of the Shop allows for the direct order of goods without registration.
2.2. When ordering goods the Buyer is obliged to provide all the information correctly and truthfully. Data provided by the Buyer when ordering the goods is considered correct by the Seller.
3. Conclusion of the Purchase Contract
3.1. All presentation of goods placed in the Web Interface of the Shop is informative and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The Web Interface of the Shop contains information about the goods, including prices of individual goods and the cost of returning the goods if the goods cannot, by their nature, be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the Web Interface of the Shop. This provision does not restrict the Seller's ability to conclude the Purchase Contract on individually agreed terms.
3.3. The Web Interface of the Shop also contains information on the costs associated with packaging and delivery of goods. Packing is done free of charge by the e-shop operator. The price for delivery is determined by an external company securing the delivery.
3.4. For ordering goods, the Buyer fills in the order form in the Web Interface of the Shop. The order form contains information about:
3.4.1. ordered goods (the ordered goods are added by the Buyer to the electronic shopping cart of the Web Interface of the Store),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the Order, even with regard to the Buyer's ability to detect and correct errors arising from the data entered into the Order. The Buyer sends the Order to the Seller by clicking on the "send" button. The information provided in the Order is considered correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer immediately upon receipt of the Order by e-mail to the Buyer's e-mail address specified in the user account or in the Order (hereinafter referred to as the "Buyer's e-mail address").
3.6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for an additional order confirmation (for instance, in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the Order, which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
3.8. The Buyer agrees to the use of remote communication means in concluding the Purchase Contract. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of phone calls) are borne by the Buyer themselves, and these costs do not differ from the basic rate.
4. Price of goods and payment terms
4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
- in cash at the Seller's point of sale at Hotel Ambassador, Club Goldfingers, Václavské nám. 5, Prague 2;
- by wire transfer to the Seller's account No. 241220979/0300, maintained at ČSOB (hereinafter referred to as the "Seller's account");
- cashless via the GOPAY payment system;
- cashless by credit card;
4.2. The cost of packing and shipping is free of charge. The cost of delivery is determined by an external company securing the delivery. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. For cash payments, the purchase price is payable upon receipt of the goods. For non-cash payments, the purchase price is payable within 3 days of the conclusion of the Purchase Contract.
4.5. For non-cash payments, the Buyer is obliged to pay the purchase price of the goods along with entering the variable symbol of the payment. For non-cash payments, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
4.6. The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.6.), to demand payment of the full purchase price before the goods are sent to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.
4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8. If it is customary or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document (invoice) to the Buyer in respect of payments made under the Purchase Contract. The Seller IS a payer of value added tax. The tax document, i.e., invoice, will be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's e-mail address.
5. Withdrawal from the Purchase Contract
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code it is not possible to withdraw from a contract of sale for the supply of goods that have been modified according to the wishes of the Buyer or for their person, from a contract of sale for the supply of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from a contract of sale for the supply of goods in sealed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return.
5.2. Unless the case referred to in Article 5.1. or any other case in which the Purchase Contract cannot be withdrawn from, the Buyer shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the goods. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. The Buyer may send the withdrawal from the Purchase Contract to the Seller's business address or to the Seller's e-mail address, among others firstname.lastname@example.org.
5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2. of the Terms and Conditions, the Purchase Contract shall be deemed void from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.4. In the event of withdrawal from the contract pursuant to Article 5.2. of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the contract in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when returning the goods by the Buyer or in another way, if the Buyer agrees to this and does not incur additional costs to the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to them or proves that they have sent the goods to the Seller.
5.5. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
5.6. The Seller is entitled to withdraw from the Purchase Contract at any time until the goods are accepted by the Buyer. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, without cash to the account designated by the Buyer.
5.7. If a donation in the form of a gift is given to the Buyer together with the goods, a donation agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the donation agreement with respect to such a gift shall be of no further effect and the Buyer shall be obliged to return the gift together with the goods to the Seller.
6. Transport and delivery of goods
6.1. Transportation and delivery of goods is secured by an external company. In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
6.3. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of the packaging indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.
6.5. Further rights and obligations of the parties during transport of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
7. Rights arising from defective performance
7.1. The rights and obligations of the parties with respect to rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular from the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer takes delivery of the goods:
7.2.1. the goods are of the character as agreed between the parties and, in the absence of such agreement, are of the character as described by the Seller or manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the their original advertising,
7.2.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods meet the requirements of applicable legal regulations.
7.3. The provisions referred to in Article 7.2. of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods due to a defect corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or if this results from the nature of the goods.
7.4. The Buyer claims the rights from the defective performance at the Seller's address of the Seller's establishment, where the acceptance of the claim is possible with regard to the range of goods sold, possibly also at the registered office or place of business. The moment of claim is considered to be the point in time when the Seller took over the claimed goods from the Buyer.
7.5. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint rules.
8. Other rights and obligations of the parties
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. Out-of-court settlement of consumer complaints is handled by the Seller via the e-mail address email@example.com. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's e-mail address.
8.4. The Seller is entitled to sell goods on the basis of a trade licence. The trade inspection is carried out by the relevant trade office within its jurisdiction. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among others, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.5. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. Protection of personal data
9.1. The protection of the personal data of a Buyer who is a natural person is provided by Act No. 101/2000 Coll., on protection of personal data, as amended.
9.2. The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, phone number, hereinafter collectively referred to as "personal data".
9.3. The Buyer agrees to the processing of personal data by the Seller for the sole purpose of a one-time order. Unless the Buyer chooses another option, the Buyer agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial messages to the Buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself prevent the conclusion of a Purchase Contract.
9.4. The Buyer acknowledges that they are obliged to provide their personal data correctly and truthfully when placing an Order from the Web Interface of the Shop and that they are obliged to inform the Seller without undue delay of any change in their personal data.
9.5. The Seller may entrust a third party as a processor to process the Buyer's personal data. Aside from the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the prior consent of the Buyer.
9.6. Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.
9.7. The Buyer confirms that the provided personal data is accurate and that they have been informed that this is a voluntary provision of personal data.
9.8. Should the Buyer believe that the Seller or the processor (Article 9.5.) is processing their personal data in a way that is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, they may:
9.8.1. ask the Seller or processor for an explanation,
9.8.2. require the Seller or processor to remedy the situation.
9.9. If the Buyer requests information about the processing of their personal data, the Seller is obliged to provide them with this information. The Seller has the right to demand a reasonable fee for the provision of information under the previous sentence, not exceeding the costs necessary to provide the information.
10. Sending commercial messages and storing cookies
10.1. The Buyer agrees to receive information related to the Seller's goods, services or business at the Buyer's e-mail address and further agrees to receive commercial messages from the Seller at the Buyer's e-mail address.
10.2. The Buyer agrees to the storage of cookies on their computer. In the event that the purchase can be made on the website and the Seller's obligations under the Purchase Contract can be fulfilled without the need for storing cookies on the Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.
11.1. Delivery can be made to the Buyer's e-mail address.
12. Final provisions
12.1. If the contractual relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that this relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision with a meaning as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. Seller's contact details: delivery address: Hotel Ambassador, Goldfingers, Václavské nám. 5, Prague 1, e-mail address firstname.lastname@example.org, phone +420 604 947 947.
In Prague on 1st January 2023