TERMS OF TRADE
TERMS OF TRADE
of the trading company
GM electronic, spol. s.r.o.
based Křižíkova 77/147, Praha 8, 186 00, Czech Republic
business ID number: 00549274
registered in the Commercial register kept by Municipal court in Prague, file RG C 101
for selling of goods using the on-line shop at the address www.gme.cz, www.gmelectronic.com, www.gme.sk and www.gmelectronic.eu
## 1. INTRODUCTORY PROVISIONS
1.1. These Terms of Trade (further only „Terms of Trade“) of the trading company GM electronic, spol. s.r.o., based Křižíkova 77/147, Praha 8, 186 00, Czech Republic, business ID number: 00549274 , registered in the Commercial register kept by Municipal court in Prague, file RG C 101 (further only „seller“) administer according to the regulation § 1751 par. 1 law no. 89/2012 Col., Civil law (further only „civil law“) mutual rights and duties of the contracting parties arisen in the connection or based on the buying contract (further only „buying contract“) between seller and the other physical person (further only „buyer“) via seller's e-shop. E-shop is operated by the seller on the webpage www.gme.cz, www.gmelectronic.com, www.gme.sk and www.gmelectronic.eu (further only „webpage“) using the webpage interface (further only „webpage interface“).
1.2. Terms of Trade does not relate to the cases, when person, which wants to buy the goods from the seller is the corporate body or the person, who negotiates the goods purchase in terms of theirs business activity or in the terms of theirs performance of a profession.
1.3. It is possible to negotiate terms different than these Terms od Trade in the buying contract . Different terms in the buying contract are prior to the Terms of Trade.
1.4. Terms of Trade are the integral part of the buying contract. Buying contract and Terms of Trade are in the Czech, Slovakian or English language. Buying contract can be made in the Czech, Slovakian or English language.
1.5. Seller can change or amend wording of Terms of Trade. By this regulation are not affected rights and duties arisen in the time of effectiveness of Terms of Trade.
## 2. User ACCOUNT
2.1. According to the buyer's registration made using the webpage buyer can access to theirs user interface. From theirs user's interface buyer can purchase goods (further only „user account“). In the case the webpage interface allows this, buyer can order the goods even without registration directly from e-shop webpage interface.
2.2. During registration on the webpage and ordering the goods the buyer is bound to state theirs information true and correct. User is bound to change the information in theirs user account, when these changed. Information stated by the buyer in the user account and during goods ordering are considered by the seller as correct.
2.3. Access to the user account is secured by the username and password. Buyer is bound to keep access information to theirs account a secret.
2.4. Buyer is not authorized to allow third parties to use theirs user account.
2.5. Seller can delete user account, especially in the case, when the buyer does not use theirs user account for more than 24 months, or in the case, when user break their duties from the buying contract (including Terms of Trade).
2.6. Buyer acknowledge that user account does not have to be accessible non-stop, especially due to needed maintenance of seller's hardware and software or third parties hardware and software.
## 3. Fulfilling of the Buying contract
3.1. All of the presentation displayed on the webpage interface is of the informative nature and seller is not bound to make the buying contract regarding that goods. Regulation § 1732 par. 2 civil law in not used.
3.2. E-shop webpage interface contains information about the goods, including the prices of every item and expenses for goods returning, if that item cannot be by its nature returned using the normal postal service. Goods prices are specified including VAT and the other related expenses. Items prices are valid for the time they are displayed in the e-shop webpage interface. This regulation does not limit seller's possibility to fulfill a buying contract with individually arranged terms.
3.3. E-shop webpage interface includes information about expenses related to goods packaging and transport. Information related to the goods packaging and transport in the e-shop webpage interface applies only if the goods are delivered on the Czech Republic's territory.
3.4. To order the goods buyer fills order form in the e-shop webpage interface. Order form includes especially information about:
ordered goods (buyer places goods into the electronic shopping cart in the e-shop webpage interface),
way of payment for the goods, information about the way of delivery of ordered goods and
information about the expenses related to the goods transport (everything further only as an „order“).
3.5. Before sending the order to the seller the buyer can check and change information, which they filled to the order, even through buyer can find and correct mistakes made when filling the order information. Buyer will send the order to the seller by clicking on the button „Finish order“. Information in the order are considered correct by the seller. Immediatelly after receiving the order seller will confirm the order to the buyer using the e-mail to the e-mail address the buyer filled in the user account or in the order (further only „buyers e-mail address“).
3.6. Seller is always authorized depending to the nature of the order (goods amount, price, assumed transport expenses) to ask the buyer for additional confirmation of the order (for example by the phone or e-mail).
3.7. Legal relation between seller and buyer come into existence by the receiving of the order (acceptation), which is sent to the buyer via e-mail to the buyer's e-mail address.
3.8. Buyer agrees with the use of theirs means of distance communication when making a buying contract. Expenses incured by the buyer from the using of means of distance communication related to the buying contract (expenses for internet connection, phone calls) will be paid by the buyer. These expenses do not differ from the normal cost.
## 4. Goods price and payment terms
4.1. Buyer can pay to the seller goods price and eventual expenses related to the goods delivery according to the buying contract using the following ways, which are subject to the Terms of Trade of the given buyer:
cash or using the payment card at the seller's branch stores;
cash on delivery at the location determined in the order by the buyer;
cashless transfer to the seller's bank account no. 107-7460320277/0100 , registered at the company KB (further only „seller's account“);
cashless using payment card;
If you have got payment card, which enables internet payments (if you have doubts, contact your bank), you can use it to pay for your e-shop order online. When finishing your order you will be redirected to the banks payment portal, where you will fill-in your 16-character number of your payment card and CVC/CVV code. Information transfer is encrypted and so completely safe.
Important: From the order creation you have seven days to pay for the tax document. For this time (7 days) your money is blocked by your bank. After that time and to the moment of the payment we have no way to interfere. Filling of the card information itself is made on the payment portal outside of our e-shop and we receive only report about the result of verification and start of blocking.
4.2. Together with the goods price the buyer is bound to pay the seller expenses related to the goods packaging and transport in the negotiated amount. If it is not specified otherwise, it is goods price and expenses related to the goods delivery.
4.3. In the case of cash payment or in the case of cash on delivery paying the purchase price is payable when taking over the goods.
4.4. In the case of cashless payment the buyer is bound to pay goods price together with filling the payments variable symbol. In the case of cashless payment it is buyer's duty to pay for the goods price done in the moment of receiving that amount of money to the seller's account.
4.5. Seller is authorized, especially in the case the buyer does not make the additional order confirment (section. 4) to require paying of the whole purchase price even before sending the goods to the buyer. Regulation § 2119 sec. 1 civil law is not used.
4.6. If it is normal in the commercial relation or it's stated by the normally binding legal regulations, seller will make out the tax document - invoice about the payments made according to the buying contract. Seller is the VAT tax payer.
## 5. Cancelling of the buying contract
5.1. Buyer acknowledges, that according to the regulation § 1837 civil law it is not possible to cancel the buying contract about goods delivery, which was adjusted to the buyer's wish or for theirs person, to the goods, which spoils quickly, also as goods, which were irreversibly mixed with the other goods, the buying contract about goods delivery in the sealed package, which buyer took out off the package and regarding the hygienic reasons it is not possible to return and the buying contract about delivery of audio or video record or computer program, if you opened original packaging.
5.2. If it is the case mentioned in the section. Chyba: zdroj odkazu nenalezen of the Terms of Trade or the other case, when it is not possible to cancel buying agreement, buyer has the right to cancel the buying contract in the 14 days from purchase according to regulation § 1829 sec. 1 civil law. Cancellation of buying contract has to be sent to the seller in the term mentioned in the sentence above. For cancelling of the buying contract buyer can use example form provided by the seller, which is the addendum of the Terms of Trade. Buyer can send the cancellation of the buying contract among others to the seller's mailing address or using the e-mail to the seller's e-mail address firstname.lastname@example.org.
5.3. In the case of cancelling the buying contract according to sec. 5 of Terms of Trade the buying contract is cancelled from its start. The goods have to be returned to the seller in the fourteen (14) days from the buying contract cancellation. If buyer cancels buying contract, buyer pays the expenses related to the goods returning, even in the case, when goods cannot be due to their nature returned using normal postal services.
5.4. In the case of cancellation of the buying contract according to the section 1.27 of Terms of Trade, the seller will return in the fourteen (14) days from cancellation the money received from the buyer in the same way the transaction was made. Seller is also authorized to return the execution of contract offered by the buyer when the goods are returned by the buyer or by the other way, if buyer will agree to this and there will be no other expenses for the buyer. If the buyer will cancel the buying contract, seller is not bound to return received money to the buyer sooner then the buyer will return the goods or prove that the goods were sent to the seller.
5.5. Seller is authorized to one-sidedly subtract the expenses for the damages on the goods to the buyer's demand for the refund of the purchase price.
5.6. In the cases when buyer has a right to cancel the buying contract according to the regulation § 1829 par. 1 civil law, seller is also authorized to cancel the buying contract anytime up to the moment of taking over the goods by the buyer. In such a case seller will return without unnecessary delay the money to the account specified by the buyer via cashless transfer in the full amount.
5.7. It there is offered a gift together with the goods, the deed of gift between the seller and the buyer is made with the condition of cancellation saying that if there will be cancellation of the buying contract by the buyer, deed of gift is no longer in effect and buyer is bound to return the offered gift together with the goods.
## 6. Transport and delivery of the goods
6.1. In the case the transport method is negotiated according to the buyer demand, buyer bears the risk and eventual extra expenses related to this method of transport.
6.2. If the seller is according to the buying contract is bound to deliver the goods to the location designated by the buyer in the order, buyer is bound to take over these goods.
6.3. In the case when due to the reasons on the buyers side it is neccessary to deliver the goods repeatedly or using the other method than it is stated in the order, buyer is bound to pay expenses related to the repeated goods delivery or other delivery method.
6.4. When taking over the goods the buyer is bound to check intactness of the goods package and in the case of any damage to contact immediately the delivery agent and demand booking of the damage description. In the case that package seems to be damages due to the unauthorized breach buyer does not have to take over the goods from the delivery agent.
6.5. Other rights and duties of the both parties can change special delivery conditions by the seller, if these are issued by the seller.
## 7. Rights of the unsatisfactory performance
7.1. Rights and duties of the contract parties related to the rights of the unsatisfactory performance follow applicable law regulations (particularly regulations § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 civil law and law no. 634/1992 Sb., about consumers protection in the later definition of law).
7.2. Seller guarantees that the goods have no defects, when it is delivered to the buyer. Particularly the seller guarantees, that at the time the buyer took over the goods:
7.2.1. the goods have all the features, which parties agreed on, and if there is no agreement, which seller or buyer described or which the buyer expected regarding the nature of the goods and based on the advertisement related to these goods,
7.2.2. the goods are suitable for the use, which the seller specified or to which these goods are usually used for,
7.2.3. goods match quality or workmanship to the contracted sample or original, if the quality or workmanship was defined according to the contracter sample or original,
7.2.4. goods are in the suitable quantity, volume or weight and
7.2.5. goods meets the demands of law regulations.
7.3. Regulations quoted in the section. Chyba: zdroj odkazu nenalezen of the Terms of Trade are not used to the goods sold for a lower price due to defect, for which the lower price was negotiated, for the wearing caused by the normal use, for used goods to malfunction matching the extent of use or wear, which the goods had when taken over by the buyer or consequent from the goods nature.
7.4. If a defect appears in the six months from the takeover, it is pressumed that such and item had this defect already at the time of the takeover. Buyer is authorized to set up a claim for defect, which is found at the consumer goods in the time of twenty four months from the takeover.
7.5. Rights of unsatisfactory performance are to be applied by the buyer at the address of the seller's establishments, where it is possible to receive complaints in consideration of the range of sold goods, eventually at the firm domicile or registered office.
7.6. Other rights and dutied of the parties related to the liability of the seller to defects can be modified by the seller's complaint regulations.
## 8. Other rights and duties of the contract parties
8.1. Buyer acquires the goods by the paying of the whole purchase price of these goods.
8.2. Seller is not in the relation to the buyer bound by any codexes of manner in the sense of regulation § 1826 section 1 letter e) civil law.
8.3. For out-of-court solutions of consumers conflict from the buying contract there is Czech Business Inspection (Česká obchodní inspekce), based Štěpánská 567/15, 120 00 Praha 2, business ID number: 000 20 869, webpage: http://www.coi.cz.
8.4. Seller is authorized to sell the goods in terms of trade permission. Business supervision is done in terms of its activity by relevant Trades Licensing Office. Check on the protection of the personal data is done by The Office for Personal Data Protection. Czech Business Inspection does in limited range also supervision over abidingness of the law no. 634/1992 Col., about the consumers protection in the later definition of law.
8.5. Buyer also takes over danger of the changes of conditions in the sense of § 1765 sect. 2 civil law.
## 9. Personal data protection
9.1. Buyer, who is physical person, has protected personal data according to the law no. 101/2000 Col., about personal data protection in the later definition of law.
9.2. Buyer agrees with processing these personal data: name and surname, home address, ID number, tax ID number, e-mail address, phone number (further only „personal data“).
9.3. Buyer agrees with the processing of the personal data by the seller for the realization of the rights and duties of the buying contract and for reasons of managing user's account. If buyer does not choose another option, they agree with processing of personal data by the seller also for the reason of sending the information and business announcements to the buyer. Agreement with processing of the personal data in the whole range according to this section is not neccessity, which does not disallow making a buying contract.
9.4. Buyer acknowledge that they are bound to fill-in their personal data (at registration in their users account, when ordering from the e-shop webpage interface) correct and true. Buyer is bound to inform the seller about changes in their personal data.
9.5. Seller can entrust processing of the buyer's personal data to third party as a processor. Except the people delivering the goods by the seller the personal data will not be given to the third parties without agreement of the buyer.
9.6. Personal data will be processed for the indefinite period. Personal data will be processed in the electronic form by the automated process or in the printed form by the non-automated process.
9.7. Buyer confirms that provided personal data are correct and was informed about the fact, that this personal data provision is voluntary.
9.8. In the case the buyer thinks that seller of processor (sect. Chyba: zdroj odkazu nenalezen) does the procession of theirs personal data, which is against the protection of personal and private life of the buyer or against the law, especially if the personal data are incorrent in consideration of the reason of their processing, they can:
9.8.1. ask the seller or the processor for the explanation,
9.8.2. demand that seller or processor will correct such an arisen situation.
9.9. If buyer asks for the information about processing of theirs personal data, seller is bound to give them this information. Seller has for giving information according to the previous sentence the right to ask for an adequate refund, which does not exceed expenses neccessary for giving this information.
## 10. Sending of business announcements and saving of COOKIES
10.1. Buyer agrees to receive the information related to the seller's goods, services or business to the buyer's e-mail address. Buyer further agrees with receiving of the business announcements to the buyer's e-mail adress by the seller.
10.2. Buyer agrees with saving of so called cookies to their computer. In the case it is possible to make a purchase on the webpage and to fullfill seller's duties from the buying contract without the need of saving of seller's so called cookies, buyer can cancel the agreement from the previous sentence anytime.
## 11. Delivery of information
11.1. Buyer can receive information to buyer's e-mail address.
## 12. Final provisions
12.1. If the relationship based on the buying contract includes international (foreign) element, the parties negotiate, that relationship is done according to the Czech law. By this are not affected consumer rights from the normally mandatory law regulations
12.2. If there is any regulation in the Terms of Trade, which is out of date or inoperative or will become such, it will be replaced by regulation, which is closest by its sense to the original regulation. Validity of other regulations is not affected by the states of out of date or inoperativeness of one of the regulations.
12.3. The buying contract including Terms of Trade is archived by the seller in the electronic form and is accessible in the order history after loging in to the customer's registration account.
12.4. Sample form for cancelling of the buying contract is included in the „Complaints procedure“.
12.5. Seller's contact information are accessible at the main page www.gme.cz, www.gmelectronic.com, www.gme.sk and www.gmelectronic.eu or in the section „Contacts“ .
In Prague 1.3.2016