Terms and conditions

Terms and conditions

I.

Fundamental provisions

  1. These general terms and conditions (hereinafter referred to as „terms and conditions“) are issued by § 1751 following law no. 89/2012 Coll., Civil code (hereinafter referred to as „civil code“)

 

Gamlery Brands s.r.o.
residence: Buzulucká 2341/41
company ID: 04263863
registered in bussiness register no. C23968 by regional court in České Budějovice
online merchant with websites available at www.gamlery.com

 

(hereinafter referred to as the „seller“)

 

  1. These terms and conditions regulate the mutual rights and obligations of the seller and the person who concludes the purchase Contract outside their business as a consumer, or based on their business activities (hereinafter referred to as the "buyer") via a web interface located on the website available at www .gamlery.cz (hereinafter referred to as "internet shop").
  2. Terms and conditions of business are an integral part of the purchase contract. Different arrangements in the purchase agreement take precedence over the provisions of these terms and conditions.
  3. These terms and conditions and the purchase agreement are concluded in the english language.

 

II.

Information about goods and prices

  1. Information about the goods, including the prices of individual goods and its main characteristics, are given for individual goods in the online store catalog. The prices of the goods include VAT, all related fees and the cost of returning the goods if, by their very nature, they cannot be returned by the usual postal route. Prices of goods remain valid for as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
  2. All presentation of goods placed in the internet shop catalog is of informative character and the seller is not obliged to conclude a purchase contract regarding this goods.
  3. Information about the costs of packaging and delivery of goods is published in the online store. Information on costs related to packaging and delivery of goods listed in the online store applies only in cases where the goods are delivered within the territory of countries listed here: (/payment-and-delivery/). This also includes pricelist.
  4. Any discounts with the purchase price of the goods cannot be combined with one another, unless the seller and the buyer agree otherwise.

 

III.

Order and purchase contract

  1. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
  2. The buyer orders the goods in the following ways:
  • via his customer account, if he has previously registered in the online store.
  • by completing the order form without registration.
  1. When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
  2. Before sending the order, the buyer is allowed to check and change the data entered into the order. The buyer sends the order by clicking on the "send order" button. The data listed in the order are deemed correct by the seller. The condition of the order validity is to fill in all the mandatory data in the order form and the buyer's confirmation that he / she has become familiar with these terms and conditions.
  3. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract conclusion. Attached to the confirmation are the current terms and conditions of the seller. The purchase contract is only concluded upon receipt of the order by the seller. The order receipt is delivered to the buyer's email address.
  4. In the event that any of the requirements specified in the order cannot be fulfilled by the seller, the seller shall send the buyer to his email address a modified offer. The modified offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by the buyer confirming acceptance of this offer to the seller at its e-mail address specified in these terms and conditions.
  5. All orders received by the seller are binding. The buyer may cancel the order until he has received the seller's receipt of the order. The buyer may cancel the order by telephone to the seller's telephone number or email address specified in these terms and conditions.
  6. In the event that there is an obvious technical error on the part of the seller when placing the price of the goods in the e-shop or during the ordering process, the seller is not obliged to deliver the goods to the buyer for this obviously erroneous price, even if an automatic confirmation of receipt of the order was sent to the buyer under these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer to his email address a modified offer. The modified offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by a confirmation of receipt by the buyer to the seller's email address.

 

IV.

Customer account

  1. Upon registration by the buyer made in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
  2. When registering for a customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the data stated in the user account in any change. The information given by the buyer in the customer account and when ordering goods is considered by the seller to be correct.
  3. Access to the customer account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
  4. The buyer is not entitled to allow the use of the customer account to third parties.
  5. The seller may cancel theuser account, especially if the buyer does not use the user account longer, or if the buyer breaches its obligations under the purchase agreement and these terms and conditions.
  6. Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor, or. necessary maintenance of hardware and software of third parties.

 

V.

Terms of payment and delivery of goods

  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 in the following ways:
  • online payment via PayPal
  • online payment via credit card
  • online bank transfer to the seller's account via the GoPay payment gateway
  • online transfer via GoPay e-wallet
  • cash/card while personally collecting order in the store
  1. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise below, the purchase price shall be understood to include also the costs associated with the delivery of the goods.
  2. In case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.
  3. In the case of payment via the payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
  4. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's bank account.
  5. The seller does not require the buyer to make any advance payment or other similar payment in advance. Payment of the purchase price before shipment is not a deposit.
  6. According to the act on the registration of sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure within 48 hours at the latest
  7. Goods are delivered to the buyer:
  • to the address specified by the buyer of the order
  • personal collection at the seller's premises

     

  1. The delivery method is selected during the ordering process.
  2. The cost of delivery of the goods depending on the method of dispatch and receipt of the goods is specified in the buyer's order and in the seller's order confirmation. If the manner of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this manner of transport.
  3. 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 accept the goods upon delivery. In the event that the goods must be delivered repeatedly or in any other way than stated in the order for reasons on the part of the buyer, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively costs associated with other means of delivery.
  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 case of any defects to notify the carrier immediately. In the event of a breach of the packaging proving the unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the carrier.
  5. The seller issues a tax document - invoice - to the buyer. The tax document is sent to the buyer's email address.
  6. The buyer acquires the title to the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the moment of acceptance of the goods or at the moment when the buyer was obliged to take over the goods, but did not do so contrary to the purchase contract.

 

VI.

Withdrawal from the contract

  1. The buyer who has concluded the purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
  2. The withdrawal period is 14 days
  • from the date of receipt of the goods,
  • from the date of receipt of the last delivery of the goods, if several types of goods or the delivery of several parts are the subject of the contract
  • from the date of receipt of the first delivery of the goods, if the periodic repeated delivery of the goods is the subject of the contract.
  1. The buyer may not, inter alia, withdraw from the purchase agreement while following applies:
  • the provision of services if they have been met with his prior express consent before the expiry of the withdrawal period and the seller, before concluding the contract, has informed the buyer that he is not entitled to withdraw from the contract,
  • the supply of goods or services, the price of which depends on fluctuations in the financial market, regardless of the seller's will, and which may occur during the withdrawal period,
  • the supply of alcoholic beverages that can only be delivered after 30 days and whose price depends on financial market fluctuations independent of the seller's will,
  • the delivery of goods that have been modified to the buyer's wishes or for the person
  • delivery of perishable goods as well as goods that have been irretrievably mixed with other goods upon delivery,
  • delivery of goods in a sealed package which the buyer removed from the packaging and cannot be returned for hygienic reasons
  • delivering audio or video recordings or a computer program if they have violated their original packaging
  • delivery of newspapers, periodicals or magazines
  • delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period, and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw
  • in other cases referred to in § 1837 of the civil code.
  1. To comply with the withdrawal deadline, the buyer must send a withdrawal declaration within the withdrawal period.
  2. For withdrawal from the purchase contract, the buyer may use the model withdrawal form provided by the seller. Withdrawal from the purchase agreement shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller shall confirm to the buyer without delay the receipt of the form.
  3. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The Buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by their usual postal route due to their nature.
  4. If the buyer withdraws from the contract, the seller shall return to the buyer all funds, including the delivery costs, received by the seller immediately and at the latest within 14 days of withdrawal, in the same manner. The seller shall return the received money to the buyer in a different way only if the buyer agrees with it and does not incur additional costs.
  5. If the buyer has chosen a method other than the cheapest delivery method offered by the seller, the seller will return to the buyer the cost of delivering the goods in the amount of the cheapest delivery method.
  6. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer passes the goods or proves that the goods were sent to the seller.
  7. The goods must be returned by the buyer to the seller intact, unused, with no visible wear and if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for damages for the goods against the buyer's claim for refund of the purchase price.
  8. The seller is entitled to withdraw from the purchase contract due to the sellout of the goods, the unavailability of the goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller shall immediately inform the buyer via the e-mail address specified in the order and shall return within 14 days of the notice of withdrawal all funds, including delivery costs, received from him under the contract, in the same manner or in a manner determined by the buyer.

 

VII.

Defective performance rights

  1. The seller is liable to the buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time the goods were taken over by the buyer that:
  • the goods have properties that the parties have agreed, and if the agreement is missing, it has properties that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertising they perform,
  • the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
  • the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
  • the goods are in the appropriate quantity, measure or weight,
  • the goods comply with legal requirements.
  1. If the defect manifests itself within six months of receipt of the goods by the buyer, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to exercise the right of defect that occurs in consumer goods within 24 months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, for the wear and tear of the goods caused by its normal use, for the used goods for a defect corresponding to the degree of use or wear and tear that the goods have on receipt this is the nature of the goods.
  2. In the event of a defect occurring, the buyer may submit a claim to the seller and request:
  • exchange for new goods
  • repair of goods
  • reasonable discount on the purchase price
  • withdraw from the contract.
  1. The buyer has the right to withdraw from the contract
  • if the goods have a substantial defect
  • if it cannot properly use the item for recurring defects or defects after repair
  • with more defects in the goods.
  1. The seller is obliged to accept a complaint in any establishment in which acceptance of the claim is possible, possibly in the registered office or place of business. The Sseller is obliged to provide the buyer with a written confirmation as to when the buyer has exercised the right, what is the content of the complaint and what manner of settlement of the complaint the buyer requires, as well as a confirmation of the date and manner of settling the complaint, including confirmation of the repair and its duration, or a written justification rejection of the complaint.
  2. The seller or an employee authorized by him/her decides on the complaint immediately, in complex cases within three working days. This period does not include the period of time appropriate to the type of product or service required for the expert assessment of the defect. complaints, including removal of defects, must be handled promptly, no later than 30 days from the date of claim, unless the seller and the buyer agree on a longer period. Vain expiry of this period is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract. The moment of making a complaint is considered to be the moment when the buyer's will is manifested (exercise of the right from defective performance) to the seller.
  3. The seller shall inform the buyer in writing of the result of the claim.
  4. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the thing that the item was defective or if the buyer caused the defect himself.
  5. In the case of a justified complaint, the buyer has the right to compensation of the costs incurred in connection with the claim. The buyer may exercise this right within one month after the expiration of the warranty period.
  6. The buyer has the choice of the method of complaint.
  7. The rights and obligations of the contracting parties regarding rights of defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the civil code and act no. 634/1992 Coll., on consumer protection.

 

VIII.

Delivery

  1. The contracting parties may deliver all written correspondence by e-mail.
  2. The buyer delivers correspondence to the seller at the email address specified in these terms and conditions. The seller delivers correspondence to the buyer at the email address specified in his customer account or order.

 

IX.

Out-of-court dispute resolution

  1. The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech trade inspection authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID: 000 20 869, internet address: https://adr.coi.cz/cs. The on-line dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase agreement.
  2. European consumer center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point under Regulation (EU) No 524/2013 of the European parliament and of the council may 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and directive 2009/22 / EC (regulation on the resolution of consumer disputes online).
  3. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant trade licensing office. The Czech trade inspection authority performs, to a limited extent, supervision over compliance with act No. 634/1992 Coll.

 

X.

Final provisions

  1. All arrangements between the seller and the buyer with the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legal regulations.
  2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 (1) (a). e) of the civil code.
  3. All rights to the seller's website, in particular the copyright to the content, including the layout of the site, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
  4. The seller shall not be liable for errors arising as a result of third party interference in the Internet shop or as a result of its use contrary to its purpose. The buyer may not use any practices that could adversely affect its operation and may not engage in any activity that might allow it or third parties to tamper with or unauthorize the use of the software or other components of the online store and use the online store; its parts or software in such a way as to be contrary to its purpose or purpose.
  5. The Buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 (2) of the civil code.
  6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
  7. The terms and conditions may be amended or supplemented by the seller. This provision shall not affect the rights and obligations arising during the period of effect of the previous version of the terms and conditions.
  8. A form of withdrawal form is attached to the terms and conditions.

 

 

These terms come into effect on 12.3.2019