GATE, a.s.
I. Definitions of terms
For the purposes of these Terms and Conditions, the following definitions shall apply:
- “Seller” is GATE, a.s., with registered office at Textilná 6435/23 Ružomberok 034 01, Slovak Republic, ID No .: 36417742, registered in the business register maintained by the District Court Žilina, Section Sa, Insert No. 10957/L, email: info@gate.shop, contact: free info line at +421 800 668 855. The seller acts in the course of his business and entrepreneurial activities when concluding and fulfilling the purchase contract under these Terms and Conditions.
- "Buyer" is a person who wishes to enter into, or enters into, a purchase contract with the Seller through the website www.gate.shop.
- "Consumer" is a buyer who, when concluding and fulfilling a purchase contract, deals with the Seller outside the scope of his entrepreneurial activity or outside the scope of of his profession.
- "Registered User" is a person who registers in the Online Store in order to use the services related to online registration.
- "Contracting Parties" means the Seller and the Buyer.
- "Contract" means the purchase contract concluded between the Seller and the Buyer through the website www.gate.shop.
- "Internet Store" is a store run under the domain www.gate.shop. The internet store is not intended for persons under the age of 18, for persons with limited legal capacity, and for persons who are not Consumers.
II. Introduction
- These Terms and Conditions apply to the conclusion of Contracts, the subject of which is the goods offered by the Seller, using means of distance communication in the Internet Store, and are an integral part of the concluded Contract.
- Unless otherwise agreed in writing between the Parties, these Terms and Conditions shall apply to all relations between the Seller and the Buyer. Topics not regulated by these Terms and Conditions are governed by Slovak law (hereinafter referred to as “Applicable Law”). In the event that the Buyer is a Consumer and some of his rights and obligations under these Terms and Conditions and the Applicable Law are by law of the country, in which the Consumer is domiciled, set differently, the legislation that is more favorable to the Consumer applies.
III. Goods
- The Internet Store’s web interface contains information about the goods designated by the Seller for sale, including its main features, price, payment options, shipping options, and other information related to the specific goods.
- The purchase price of the goods in the Internet Store is shown including VAT and all related fees. The purchase price of the goods remains valid for as long as it is listed under the specific goods in the Internet Store.
- If the goods on the Internet Store have two amounts listed, one of which is crossed out, the crossed-out amount has only an informative character and the purchase price is the lower amount that is not crossed out.
- All information relating to the goods listed in the Internet Store, such as the description of the goods, their specifications, photographs, etc., is the information available to the Seller at the time of its presentation, whereas the goods may in fact somewhat differ from this information, for example, depending on the device with which the Buyer accesses the Internet Store. The Seller reserves the right to make minor modifications to the description of the goods in order to bring the description into line with reality.
- Offers on goods in the Internet Store are limited in time and quantity, as indicated for the specific goods in the Internet Store, or in relation to an advertisement regarding marketing activities of the Seller.
- The Seller reserves the right to limit the maximum number of purchases that may be made by an individual Buyer for a particular product, in order to ensure fair possibility of purchase for all Buyers.
IV. Pre-Contract Information and Contract Conclusion
- Before concluding the Contract, the Seller communicates to the Consumer the following information:
- possible ways of payment are listed in Article VI. of these Terms and Conditions and the method of delivery of the Goods is stated in Article V of these Terms and Conditions,
- only the restrictions specified in Article III. of these Terms and Conditions apply to the delivery of the goods,
- the cost of delivery of the goods is specified in Article V of these Terms and Conditions,
- information on rights arising from defective fulfillment and other conditions for exercising these rights are set out in Article VIII. these Terms and Conditions,
- The contract is not concluded for an indefinite period of time, it is not subject to repeated fulfilling, nor is it a contract under Section 1837 (a). l) of the Act of the Czech Republic No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”),
- The consumer is not obliged to pay any advance or other similar payment before concluding the Contract; This is without prejudice to the option of the Buyer to pay the purchase price and shipping costs with a payment card on-line according to Article VI of these Terms and Conditions,
- the costs of using the means of distance communication through which the Contract is concluded shall be borne in full by the Buyer, the amount of which shall depend on the conditions of the telecommunications service provider used by the Buyer upon conclusion of the Contract. No additional fees are charged by the Seller for the use of remote communication resources,
- for more information on the use of the right of withdrawal from the Contract and the form for withdrawal from the Contract, see Article VII. of these Terms and Conditions,
- in case of withdrawal from the Contract, the Consumer bears the cost of returning the goods as specified in Article VII. of these Terms and Conditions,
- The consumer may, in the framework of out-of-court settlement of a complaint, contact the Seller via the following address: info@gate.shop, and may also lodge a complaint against the Seller's procedure with the supervisory authority or the state supervision, which is the Czech Trade Inspection Authority, based in Štěpánská 567/15, 120 00 Praha 2, as well as the Slovak Trade Inspection, SOI Inspectorate for the Žilina Region with its registered office at Predmestská 71, 011 79 Žilina, Slovak Republic, and in regards to the protection of personal data, with the Office for Personal Data Protection, with its registered office at Pplk. Sochora 27 170 00 Prague 7, as well as the Office for Personal Data Protection of the Slovak Republic, with its registered office at Hraničná 4826/12, 820 07 Bratislava.
- The Seller is not bound by any codes of conduct in relation to the Consumer or the Registered User within the meaning of Section 1826 (1) e) of the Civil Code.
- These terms and conditions are written in the English language. The contract between the Seller and the Buyer is concluded in the English language.
- By sending an order via the Internet Store, the Buyer agrees to conclude the Contract in a distance manner using means of distance communication.
- The technical steps leading to the conclusion of the Contract are as follows:
- After entering the Internet Store address in the Internet browser, the Buyer will be shown the goods offer and the Buyer has the option to choose the specific goods.
- After the Buyer chooses a particular item from the Seller's offer, detailed information about that item is displayed.
- The buyer selects the required quantity and inserts the goods into the electronic shopping cart by clicking on the "Add to Cart" button or by clicking on the "Quick Purchase" button, in which case the procedure of the previous paragraph does not apply. The electronic shopping cart is accessible to the Buyer at any time by clicking on the cart button.
- Subsequently, the Buyer can click on the "Go to Cart" button to view the contents of the electronic cart, or continue browsing the content of the Internet Store.
- After clicking the button showing the basket, respectively. the "Go to Cart" button an overview of the selected goods will display to the Buyer, containing for each item inserted in the electronic shopping cart its label, the selected quantity, the estimated delivery time, the price of the goods as well as the total price consisting of the sum of the prices of all items and the delivery cost. At this point, the buyer has the option to verify the content of the order, and if the Buyer wants to change or remove any of the items, he has the option to return to the Internet Store via the "Return to Store" button. At this step, the Buyer may also choose to complete the purchase as a Registered User or register in the Internet Store as a new User.
- If the Buyer agrees with the content of the order, he will fill in his name, delivery address, telephone number and e-mail address. The buyer is obliged to fill in the information indicated in this form by the asterisk symbol. It is not possible to submit your order without completing this information. Furthermore, the Buyer chooses the method of payment on-line by credit card or cash on delivery. At the same time, by ticking the appropriate box, the Buyer will confirm that he has read these Terms and Conditions, which are accessible from this location by clicking on the "Terms and Conditions" link, including the pre-contractual notice referred to in paragraph 1 of this Article, and whether he agrees to receive a newsletter to his e-mail address;
- If the Buyer does not require any further modification of the order or the data entered by him, clicking on the "Pay" or "Order with Payment Obligation" button will conclude the order, with the knowledge that the order includes the obligation to pay the price for the ordered goods and the cost of delivery. The Seller shall consider the information stated by the Buyer in the order as complete and correct.
- After submitting the order, the Buyer will automatically be redirected to a website allowing online payment by card, if this payment option has been selected.
- The Agreement between the Seller and the Buyer is concluded at the moment of the Buyer's order confirmation by the Seller
- In the event that the Buyer specifies any remark or request in his order, such notice or request does not become part of the Contract and its content is not binding for the Seller.
- The Seller shall send the Buyer proof of purchase and confirmation of the conclusion of the Contract immediately after the conclusion of the Contract. An integral part of the Contract Confirmation are Seller's Terms and Conditions. The Buyer agrees to have the Contract Confirmation issued and sent in electronic form, thereby replacing the Seller's obligation to provide the Buyer with a paper-based confirmation. If an error occurs in the electronic ordering system during the automatic processing of the Buyer's order, which causes the text of the Contract sent not to correspond to the Buyer's order, the Seller is obliged to send the Buyer a corrective e-mail confirming the correct wording of the Contract with a warning that it is a revised version of the Contract and that the previous Contract is invalid because of an error in the electronic system.
- The Seller saves the concluded Contracts and delivered orders in electronic form and stores them for the period stipulated by law. The Seller does not allow any other person to access the archived Contracts. The Seller will allow the Consumer to access the Contract concluded with the Seller if the Consumer requests it in writing by e-mail sent to info@gate.shop. In such e-mail, the Consumer must clearly identify the required Contract, at least by the date of its conclusion, the subject of the purchase and the number of the relevant order.
- In the event that the specific goods that are the subject of the Contract are no longer manufactured, delivered, not in stock or accidental damage occurred to the goods during preparation for dispatch, the Seller is entitled to withdraw from the Contract within 7 days since its conclusion. The Buyer shall be informed of this fact immediately. If the Buyer has already paid the price for the particular item or part thereof, the amount will be refunded.
- The buyer acquires ownership of the delivered goods only by the full payment of the purchase price and the cost of delivery.
V. Delivery Terms and Delivery Costs
- The goods are delivered to the address stated by the Buyer as the delivery address when filling out the order.
- It is not possible to collect the goods in person at the Seller's registered office or at any of the Seller's establishments.
- The goods are sent via the carrier specified in the order. Seller does not allow delivery of goods through another carrier.
- The cost of delivery of the goods consists of the price of transport and the eventual cost of cash on delivery. The cost of delivery is paid by the Buyer.
- If the delivery time is not specified for the specific goods, the Seller is obliged to deliver the ordered goods within 30 days of the conclusion of the Contract. If the Buyer orders goods with different delivery times within one order, the delivery time is the one that is the longest.
- The Buyer acknowledges that in exceptional cases the delivery time may be extended due to a delay due to unforeseen reasons that the Seller could not affect.
- The Seller informs the Buyer about the dispatch of the goods by e-mail to the e-mail address specified when filling out the order.
- Any additional shipping costs incurred as a result of the Buyer's additional requirements after the Seller has handed over the goods for shipment, for example, due to a subsequent change of delivery address by the Buyer, shall be paid by the Buyer. In the event that the Buyer does not collect the goods on delivery and requests repeated delivery, he will bear the cost of a repeated delivery.
- In the case of unfounded non-collection of the goods by the Buyer, the Seller is entitled to claim compensation for the costs incurred.
- The Buyer is advised to check the condition of the shipment when accepting the goods from the carrier and to refuse to accept the shipment in case of any signs of damage (torn or deformed packaging, etc.).
VI. Payment Terms
- The buyer may pay the price of the goods and the cost of delivery in one of the ways he has the option to choose from in the Internet Store before finalizing his order. The payment options are:
- Online using a credit card;
- Cash on delivery, or credit card payment on delivery if the carrier offers such a payment option to the Buyer.
- The payment of the purchase price cannot be made by standard bank transfer to the Seller's bank account.
- By concluding the Contract, the Buyer agrees that the invoice, or the document replacing the invoice for the ordered and purchased goods, will be provided by the Seller exclusively in electronic form by sending it to the email address stated by the Buyer during his order.
- The Seller is not subject to obligations under the Act of the Czech Republic No. 112/2016 Coll., On the Registration of Sales, as amended, with regard to the fact that the Seller does not have a registered office, establishment, or warehouse in the Czech Republic.
VII. Withdrawal from the Contract
- The Consumer is entitled to withdraw from the Contract even without giving any reason at any time from the conclusion of the Contract, no later than the expiration of a period of fourteen days from the date of receipt of the goods from the carrier or, if the subject of the Contract is several types of goods, or delivery of several packages, within fourteen days of the day of the last delivery of the goods from the carrier.
- The Consumer's right to withdraw from the Contract shall not be construed as the right to borrow goods free of charge. The consumer is liable to the Seller for any reduction in the value of the goods resulting from the handling of the goods other than necessary with regard to their nature and characteristics.
- The consumer may not withdraw from the Contract in the cases specified in Section 1837 of Act No. 89/2012 Coll., The Civil Code, especially in the case of the sale of goods in a sealed package, which the consumer has removed from the package and thus cannot be returned for hygienic reasons.
- The consumer may withdraw from the Contract before the ordered goods are sent to him. In this case, the Consumer will avoid paying the cost of returning the goods to the Seller, which the Consumer otherwise bears.
- Withdrawal from the Contract may be carried out by the Consumer in the following ways:
- By using the feature "Return", which is available directly in the Internet Store. In order to use this function, the Consumer must identify himself and his order, and fill in the relevant form. In this way of withdrawal from the Contract, the consumer may not choose another option of returning the goods than that offered by the “Return” function, i.e. via the courier provided by the Seller at the consumer's expense; this expense (the Seller's receivable) will be deducted from the purchase price, that is to be refunded to the Consumer (the Consumer's receivable). Withdrawal from the Contract in this way is deemed to have been reported by submitting the form via the "Return" function. By using the "Return" function, the Consumer agrees with the above procedure for offsetting the cost of the return of goods to the Seller. This is without prejudice to the Consumer's option to follow the paragraphs below without using the "Return" function offered by the Seller as an optional alternative.
- By sending or submitting a written notice of withdrawal from the Contract at GATE, a.s., Textilná 23, 034 05 Ružomberok, or by sending this notice to the email address info@gate.shop.The notice of withdrawal must contain at least the name and surname of the Consumer, street, house number, postal code, city, date of conclusion of the Contract, order number, a Czech bank account number for the purposes of the refund, and the extent to which the Consumer withdraws from the Contract. For withdrawal from the Contract, the Consumer may also use the form marked as “Form for withdrawal from the Contract”, which is attached to these Terms and Conditions.
- By sending a written notice of withdrawal from the Contract to an authorized representative of the Seller, exclusively to the address Hoffmann Czech Republic, spol. s r.o., GATE store, Rudná 3114/114, SC Avion, 700 30 Ostrava. The notice of withdrawal must contain at least the name and surname of the Consumer, street, house number, postal code, city, date of conclusion of the Contract, order number, a Czech bank account number for the purposes of the refund, and the extent to which the Consumer withdraws from the Contract. For withdrawal from the Contract, the Consumer may also use the form marked as “Form for withdrawal from the Contract”, which is attached to these Terms and Conditions.
- If the Consumer withdraws in full or in part from the Contract, he is obliged to send the goods, for which he has withdrawn from the Contract, to the Seller at GATE, a.s., Textilná 23, 034 05 Ružomberok, or hand over the goods at this address personally, or allow the goods to be taken over by the courier without undue delay, no later than fourteen days after the withdrawal from the Contract. The consumer may also return the goods to the aforementioned Seller's representative by sending the goods exclusively to Hoffmann Czech Republic, spol. s r.o., GATE shop, Rudná 3114/114, SC Avion, 700 30 Ostrava. Consumers are advised to use the "Return" feature in the Internet Store when returning the goods.
- The cost of returning the goods and other costs associated with returning the goods to the Seller fully bears the Consumer.
- The Seller shall return to the Consumer all funds provided by the Consumer, i.e. the purchase price of the goods for which the Consumer has withdrawn from the Contract and the cost of delivery of the goods, without undue delay, no later than fourteen days after the withdrawal from the Contract, except for the cost of returning the goods through a courier using the "Return" feature. If the subject of the Contract includes multiple items and the Consumer has withdrawn from the Agreement only for some of these items, the Seller shall return to the Consumer the cost of delivery only to that extent, but not the cost of delivery of the remaining items for which the Consumer has not withdrawn from the Contract. If the Consumer uses the possibility of returning the goods at the aforementioned Seller's representative, by handing over the goods to the representative, the Consumer agrees that the representative will accede to the Seller's Obligation to take over the returned goods.
- The Seller is not obliged to refund the purchase price of the goods for which the Consumer has withdrawn from the Contract or the cost of delivering the goods before the Consumer returns the relevant goods or proves that the goods have been sent to the Seller.
- Remittance of any discount coupons to the Consumer is a unilateral legal act of the Seller. If the Consumer withdraws from the Contract for goods for the payment of which, in whole or in part, he has used a discount coupon, he shall not be entitled to a cash refund for the discount coupon in cash or any other refund. The consumer is only entitled to a refund of the purchase price actually paid and the cost of delivery.
- Consumer acknowledges that if gifts are provided with the goods, the gift contract between the Seller and the Consumer is concluded with a termination condition, i.e. if the Consumer's right to withdraw from the Contract is used, the gift contract shall cease to be effective and the Consumer shall with the goods, which were the subject of the Contract, return even the related gifts provided to him, including everything he has been enriched with. If these gifts are not returned, their values will be understood as unjust enrichment of the Consumer. If it is not possible to return the items of unjust enrichment, the Seller is entitled to a monetary compensation equal to the usual price of the gifts.
- If the value of the returned goods is reduced as a result of the handling of the goods in a manner other than necessary with respect to their nature and characteristics, the Seller may claim the right to compensation against the Consumer. In such a case, the Seller is obliged to prove that the damage has incurred.
- The contracting parties have agreed that in case of withdrawal from the Contract, the Consumer will be refunded the above mentioned funds by transfer to the bank account, which the Consumer has notified through procedures in paragraphs 5.1, 5.2, or 5.3, or to the account that the Consumer will indicate to the Seller in regards to withdrawal from the Contract, or to a bank account specified in the Consumer's User Account. If this method is not possible, especially due to an incorrect bank account number provided by the Consumer, the Consumer's funds will be returned by postal order sent to the Consumer's address.
- By concluding the Contract, the Parties have agreed, beyond the legal right to withdraw from the Contract within a period of fourteen days, to allow the Consumer to withdraw from the Contract even between 15 and 30 days after the receipt of the goods, under the conditions set forth in the preceding paragraphs of this Article, except the Seller's obligation to return the cost of delivery to the Consumer. This additional possibility, in which the Consumer will not be reimbursed for the delivery of goods, cannot be understood as an extension of the statutory withdrawal period of 14 days, but as a right of withdrawal contracted under special conditions.
- By entering into the Agreement, the Parties have agreed that the Seller shall also have the right to withdraw from the Contract under the conditions set out below. If the Buyer chooses the method of payment of the purchase price for the ordered goods as cash on delivery, the Seller is entitled to withdraw from the Contract, if the Buyer does not collect the ordered goods properly and on time, or if the ordered goods are returned to the Seller after an unsuccessful attempt to deliver to the Buyer. The Seller is entitled to demand from the Buyer compensation for the transport costs incurred by the Seller in connection with the unsuccessful delivery of the ordered goods.
- If the Buyer chooses the method of payment of the purchase price by a payment card, the Seller is entitled to withdraw from the Contract if he does not receive payment of the purchase price from the Buyer for the ordered goods within one day from the date of the conclusion of the Contract.
- The Seller's valid withdrawal from the Contract is considered the sending of a written notice of withdrawal to the Buyer's e-mail address.
VIII. Rights from Defective Performance
- The Seller is liable to the Buyer for the goods being free from defects at the time of their collection by the Buyer. In particular, the Seller is responsible for ensuring that, at the time of the collection of goods by the Buyer, the goods have the qualities and features that the Parties have agreed, or if such an arrangement is missing, the features that the Seller has described or which the Buyer has expected with respect to the nature of the goods and the Seller's advertisement, that the goods are fit for the purpose that the Seller specifies for their use or for which goods of this kind are usually used, that the goods are in corresponding quantity, measure or weight, and that they comply with the requirements of the legislation.
- The Buyer is entitled to exercise Defective Goods rights within 24 months of receipt of the goods. If the defects of the goods are manifested within the first six months of receipt of the goods, the defects of the goods shall be deemed to have existed at the moment of receipt of the goods, unless the Seller proves that the goods did not have the defect at the time of receipt. If the defects of the goods are manifested after six months from receipt of the goods, it is assumed that the defects of the goods did not exist at the moment of receipt of the goods, unless the Buyer proves otherwise.
- The Buyer is advised to inspect the goods immediately upon delivery and to verify their quality, properties, and quantity.
- If, at the time of receipt of the goods by the Buyer, the goods do not have the properties listed in paragraph 1 of this article of the Terms and Conditions, the Buyer may require delivery of a new item free of defects, unless it is unreasonable with respect to the nature of the defect and, if the defect relates only to a part of the item, delivery of a new component. If this is not possible, the Buyer may withdraw from the Contract. However, if this is unreasonable due to the nature of the defect, especially if it is possible to remove the defect without undue delay, the Buyer has the right for the defect to be removed free of charge.
- If the Buyer cannot use the goods for the recurrence of a removable defect after the repair, or due to a number of removable defects, he may choose to either withdraw from the Contract or require delivery of a new item or replacement of its component.
- If the Buyer does not exercise the right to have delivered new goods free of defects, to replace its component, or to have the goods repaired, or to withdraw from the Contract, he may request a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller is unable to deliver new goods free of defects, replace its components, or repair the goods, as well as if the Seller fails to remedy the situation within a reasonable period of time or the remedy would cause significant difficulties to the Buyer.
- The Buyer is not entitled to any Rights from Defective Performance if the Buyer knew that the goods had a defect, especially if the Buyer was granted a discount for the defect, or if the Buyer himself caused the defect.
- The Buyer may exercise the Defective Goods rights with the Seller in the following ways:
- By using the feature called "Complaint", which is available directly from the Internet Store. When using this feature, the Consumer must identify himself and his order, describe the claimed defect, and complete the appropriate form. In this way of making a Complaint, the consumer cannot choose another option of handing over the goods to the Seller than the one offered by the “Complaint” function, i.e. with the help of a courier. A Complaint made in this way is deemed to have been notified by submitting the form in the "Complaint" function. This is without prejudice to the option of the Consumer to proceed in accordance with the following paragraph without using the "Complaint" function offered by the Seller as an optional alternative.
- By sending a complaint or by handing over the complaint and the defective goods to the Seller at GATE, a.s., Textilná 23, 034 05 Ružomberok, or by sending the complaint on email info@gate.shop. Along with the notification of the defect, the Buyer is obliged to notify the Seller of the right he has chosen to exercise. He may not change his choice without the Seller's consent. This does not apply if the Buyer has requested the repair of a defect, which turns out to be irreparable.
- By sending or by handing over the complaint and the defective goods to the Seller's representative, at Hoffmann Czech Republic, spol. s r.o., GATE shop, Rudná 3114/114, SC Avion, 700 30 Ostrava. Along with the notification of the defect, the Buyer is obliged to notify the Seller of the right he has chosen to exercise. He may not change his choice without the Seller's consent. This does not apply if the Buyer has requested the repair of a defect, which turns out to be irreparable. In connection with this way of exercising Rights from Defective Performance, the Parties have agreed that Section 2172 of the Civil Code shall not apply, as the Consumer is given this option as an alternative to making the Complaint to the Seller directly. If the Consumer uses the option to make the Complaint at the aforementioned Seller's representative, by submitting the claimed goods to the representative, the Consumer agrees that the representative will proceed to the Seller's Obligation to take over the claimed goods.
- The Seller shall, upon the Buyer's request, issue to the Buyer a written confirmation of the obligations related to Rights from Defective Performance to the extent stipulated by law.
- The Seller shall confirm to the Buyer in writing when the right was exercised, the details of the repair and its duration, what is the subject of the complaint and what manner of settlement of the complaint the Buyer demands. After settling the complaint, the Seller confirms in writing to the Buyer the date and the method of settling the complaint, or issues a confirmation of the repair and its duration, or a written justification for rejecting the complaint.
- The Seller shall make a decision regarding the complaint immediately, or within three days for complicated cases. This period does not include the period of time needed for an expert assessment of the defect with regard to the type of goods. Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period.
- The cost of delivery of the claimed goods to the Seller shall be reimbursed to the Buyer by the Seller if the complaint was justified.
- In the event that the complaint is settled by the delivery of new goods, the ownership right to the defective goods is transferred to the Seller upon delivery of the new goods to the Buyer. If the claim is settled by providing a reasonable discount to the Buyer or the Buyer withdraws from the Contract, the Seller shall return the relevant funds to the Buyer's bank account, which the Buyer is obliged to provide to the Seller for this purpose. If this is not possible, the funds will be returned to the Consumer in the form of a postal order sent to the Consumer's address. Exceptions may, in justified cases, be discussed with the Seller's customer support.
- Rights from Defective Performance of the Buyer cannot be applied to gifts and other services provided free of charge.
IX. Alternative solutions to consumer disputes
The consumer has the right to contact the Seller with a request for redress if he is not satisfied with the manner in which the Seller has handled his complaint or if he believes the Seller has violated his rights. Furthermore, the Consumer has the right to file an alternative dispute resolution ('ADR'). Only disputes arising out of the Contract between the Seller and the Consumer and disputes regarding this Agreement may be settled by the ADR. The proposal for launching the ADR is submitted to the ADR entity, which is the Slovak Trade Inspection or the Czech Trade Inspection Authority, with the help of a designated platform or form. The list of other subjects of the ADR is available on the website http://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporu-1/zlist-subjectov-alternativne-rizby- consumer -sporov-1. The ADR entity may require the Consumer to pay a fee for the initiation of the ADR, up to a maximum of EUR 5 including VAT. If several entities are competent to the ADR, the consumer has the right to choose with which of them to submit the ADR. In addition to the ADR, the Buyer has the right to refer to a relevant court with jurisdiction over the matter. The ADR platform is available at: https://ec.europa.eu/consumers/odr/main.
X. Internet Store Registration
- An Internet Store visitor has the option to register in the Internet Store during his order or outside his order and become a Registered User.
- Internet Store Registration is a condition for the conclusion of a free registration service contract that consists of creating a user account in the Internet Store, obtaining the ability to manage orders online, obtaining the ability to make future purchases without having to re-enter contact information, and in obtaining the ability to view the history of purchases, i.e. services that could not be provided without registration in the Internet Store. The registered user bears only the cost of using remote communication means that he will use to access the Internet Store and register.
- Any problems with registration in the Internet Store or errors associated with the user account may be reported by the Registered User to the Seller, who is not responsible for ensuring that his system, including the user account, will be available continuously, mainly due to updates and necessary repairs of software and hardware.
- The user account of the Registered User is protected by a login email address and password. Registered User is responsible for securing his login email address and password against loss and misuse.
- Registered User may cancel his User Account at any time without any limitations, i.e. withdraw from the contract for the provision of the aforementioned services. The User Account may also be canceled by the Seller at the request of the Registered User. Registered User Procedures and Rights under Article VII., VIII. and IX. these Terms and Conditions apply similarly.
- The Seller may cancel the user account of the Registered User if the Registered User does not use the account for more than 1 year, or if the Registered User violates his obligations specifed in these Terms and Conditions.
- The Registered User's personal data voluntarily provided at the Internet Store's registration will be processed for the purpose of concluding and performing the above-mentioned service provision contract, which is also the legal basis for processing the data for the given purpose. Registered User acknowledges that without the voluntary provision of such data, the provision of services related to the registration in the Internet Store would not be possible. Personal data for the purposes of providing services associated with the registration will be processed for the duration of the Registered User's interest in using the services associated with the registration, i.e. for the duration of their processing. In order to ensure the proper performance of the Internet Store, the provider of the e-shop solution and the CRM System Manager of the Seller may be authorized to process the personal data of the Registered User. The processing of the personal data of a Registered User for the purposes of providing registration services will not result in automated decision making or profiling, with the Seller not intending to provide personal data to a third country, an international organization, or a third party, with the exception of those who process the data. Registered User has the right to request from the Seller access to his personal data, their correction, deletion (associated with the cancellation of registration) or transfer to another administrator, eventually restriction of processing of the data, the right to object to the processing of the data, as well as the right to make a complaint with the Office for Personal Data Protection if the Seller proceeds in the processing of personal data in violation with generally binding legal regulations. Registration in the Online Store is not primarily intended for persons under 16 years of age.
XI. Final Establishments
- The Buyer acknowledges that his personal data are processed while using the Internet Store, while the processing and protection of such data are governed by the Regulation (EU) 2016/679 of the European Parliament and of the Council from 27th of April 2016 and the Personal Data Processing Act. More information on the processing and privacy of personal data is available in separate personal data privacy principles. By concluding the Contract, the Buyer confirms that he has read these principles. The Seller also notifies that at the conclusion of the Contract, the identification and contact details that the Buyer entered into his order are processed for the purpose of fulfilling the rights and obligations arising from the Contract, which is also the legal basis for processing the data for the given processing purpose. The Buyer acknowledges that without the voluntary provision of such data, the conclusion and performance of the Contract would not be possible. Personal data for the purposes of the Contract will be processed for the duration of the statutory obligations of the Seller arising from generally binding legal regulations, in particular from the Civil Code of the Accounting Act, etc., i.e. for at least 10 years. The processing of personal data of the Buyer may be entrusted to the provider of the e-shop solution in order to ensure proper operation of the Internet shop, the CRM system manager of the Seller, the provider of accounting services for the purpose of tax documents of the Seller, or the provider of delivery services for the delivery of the ordered goods. The processing of the personal data of a Registered User for the purposes of providing registration services will not result in automated decision making or profiling, with the Seller not intending to provide personal data to a third country, an international organization, or a third party, with the exception of those who process the data. Registered User has the right to request from the Seller access to his personal data, their correction, deletion (associated with the cancellation of registration) or transfer to another administrator, eventually restriction of processing of the data, the right to object to the processing of the data, as well as the right to make a complaint with the Office for Personal Data Protection if the Seller proceeds in the processing of personal data in violation with generally binding legal regulations. The possibility to purchase goods in the Internet Store is not primarily intended for Buyers under the age of 16 years.
- These Terms and Conditions are freely available on the Internet Store's website and the Buyer is allowed to archive and reproduce them, in particular by printing the appropriate website, downloading and saving the file in Portable Document Format (pdf) or by saving the file containing these Terms and Conditions, which the Seller will send to the Buyer as an e-mail attachment to the confirmation of the conclusion of the Contract.
- The Seller reserves the right to change the Terms and Conditions. The Seller will make the edited Terms and Conditions available on the Internet Store's website. The wording of the Terms and Conditions effective towards the Buyer is the one attached to the e-mail containing the Contract. This establishment shall not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
- Should any part of these Terms and Conditions be invalid or in violation of the laws of the Slovak Republic and the Czech Republic, the other provisions shall remain unaffected by this invalidity.
- The withdrawal form is attached to these Terms and Conditions.
- These Terms and Conditions come into effect on 14th of November 2018.
GATE, a.s.
CONTRACT WITHDRAWAL FORM
(fill in this form and send it to the above address only if you want to withdraw from the contract without using the "Return" online function at www.gate.shop, where this form is not required)
I, the undersigned: ………………………………………………………………………………………………………………… ……,
address: …..…………………………………………………………………………………………………………………,
contact: …..…………………………………………………………………………………………………………………,
I hereby announce that I am withdrawing from the Purchase Contract concluded through www.gate.shop,
order number: …..…………………………………………………………………………………………………………………,
date of the order: …..…………………………………………………………………………………………………………………,
in the extent of these goods:
…………………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………………….
I request a refund of the funds paid for the aforementioned goods, including any delivery costs for the delivery of these goods
By a transfer to bank account number* …..…………………………………………………………………………………………………………………,
Notes …..…………………………………………………………………………………………………………………,
Place ……………………………………………………… date ……………………………
Buyer’s signature:
…………………………………………………….
* In the case you are sending the returned goods together with the withdrawal form, it is possible to send everything to the address above. If you are requesting a refund by postal order to your address, please include this fact in Notes.