<transcy>Geschäftsbedingungen</transcy>

Terms and Conditions
GENERAL TERMS AND CONDITIONS
for the sale of goods and services in the GHClever.com online store
1. INTRODUCTORY PROVISIONS
- These general business conditions (hereinafter referred to as "general business conditions") of GATEHELPERS sro, with its registered office in Žatec, Volyňských Čechů 837, postal code 43801, identification number 07798008, entered in the Commercial Register kept at the Regional Court in Ústí nad Labem, section C, insert 17915 (hereinafter referred to as the “Company”) is governed by the provisions of § 1751 para. 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter the "Civil Code"), mutual rights and obligations of the parties arising in connection with the contract for the supply of goods or the provision of services on its basis (hereinafter the "Contract") concluded between The Company and another, private or legal person (the “Client”) in the online store located at http://ghclever.com/ (the “Website”) through a web interface (the “Web Interfaces”).
- Provisions deviating from the General Terms and Conditions may be agreed in the Contract. Such deviating provisions in the Contract take precedence over the provisions of the General Terms and Conditions.
- The Company may amend or supplement the text of the General Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the General Terms and Conditions.
2. CONCLUSION OF THE CONTRACT
- Any presentation of goods and services placed on the web interface of the store is of an informative nature and the company is not obliged to enter into a contract regarding such goods and services. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
- The store's web interface contains information about goods and services, including the price of individual goods and services, as well as any return costs. Unless expressly stated otherwise, the prices of goods and services will be stated including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed on the web interface of the store. This provision does not limit the Company's ability to enter into the Agreement on individually agreed terms.
- The store's web interface also contains information about the costs associated with packaging and delivery of goods. Unless otherwise stated, information on costs associated with packaging and delivery of goods is valid only in cases where the goods are delivered in the Czech Republic.
- To order goods or services, the client fills in the order form in the interface of the store's website. The order form contains in particular information about:
- ordered goods or services (the client "places" the ordered goods or services in the electronic shopping cart of the store's web interface),
the method of payment of the price of the goods or service, details of the required delivery of the ordered goods or the method of delivery of the service, and
- information on costs associated with the delivery of goods or provision of services (hereinafter collectively referred to as "Order").
- Before sending the Order to the Company, the Client is allowed to check and modify the data he has entered in the Order, taking into account the Client's ability to detect and correct errors arising when entering data into the Order. The Client sends the order to the company by clicking on the "Send order" button or another button with the same meaning. The information provided in the Order is considered correct by the Company. Immediately upon receipt of the Order, the Company will confirm this acceptance to the Client via the electronic address specified in the Order (hereinafter referred to as the "Client's Electronic Address").
- The Company is always entitled, depending on the nature of the Order (quantity of goods, range of services, price level, estimated costs of transport or provision of service), to ask the Client for additional confirmation of the Order (for example in writing or by telephone).
- The contractual relationship between the Company and the Client arises upon delivery of the acceptance of the Order sent by the Company to the Client by e-mail to the Client's Electronic Address.
- The Client agrees to the use of means of communication at a distance after the conclusion of the Agreement. The costs incurred by the Client in the use of means of distance communication in connection with the conclusion of the Agreement (costs of internet connection, costs of telephone calls, etc.) shall be borne by the Client himself, and these costs do not differ from the standard rate.
3. WITHDRAWAL FROM THE CONTRACT
- If the Client is not a legal entity or a person acting in concluding the Agreement within the scope of its business activities or within the performance of its profession, then
- the client acknowledges that in accordance with the provisions of § 1837 of the Civil Code it is not possible to withdraw from the contract for the supply of goods, which was modified in accordance with the client's wishes or on behalf of the Client from the contract for the supply of perishable goods or goods after delivery, irretrievably mixed with other goods, from a contract for the supply of goods in a sealed package which the consumer has removed from the package and, for hygienic reasons, such goods cannot be returned or from a contract for the supply of audio or video recordings or computer programs if the original seal has been broken ,
- unless it is a case where the law nIn accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the client has the right to withdraw from the contract within fourteen days of receipt of the goods, and if the subject of the contract is several types of goods or delivery of several components, such period from the date of receipt of the last delivery of the goods. Withdrawal from the Agreement must be sent to the Company within the period specified in the previous sentence. The Client may use the sample form provided by the Company, which forms an appendix to the General Terms and Conditions. Withdrawal from the Agreement shall be sent by the Client to the address of the Company's registered office,
- in the event of withdrawal from the purchase contract pursuant to Article 1.2, the Contract is terminated from its inception. The goods must be returned to the Company's registered office within fourteen days of withdrawal from the Contract. If the Client withdraws from the Agreement, the Client shall bear the costs associated with the return of the Goods to the Company, even if the Goods, due to their nature, cannot be returned by the usual postal route. The Company will return the payment received from the Client within fourteen days of withdrawal from the Agreement. However, the company is not obliged to return the received funds to the client before the client returns the company to the company or proves that the goods have been sent to the company.
- The company is entitled to withdraw from the contract at any time until the goods are taken over by the client or the service is started. In such a case, the Company will return the cashless payment to the Client without undue delay to the account specified by the Client.
- If the Client is provided with a gift in connection with the conclusion or performance of the Agreement, the gift agreement between the Company and the Client is concluded with the decisive condition that in case of withdrawal from the Agreement the gift agreement becomes ineffective and the Client is obliged to return the gift in accordance with Article No. 1.3.
- The Company is entitled to unilaterally set off the claim for damages incurred in connection with the returned goods against the Client's right to a refund.
4. PRICE OF GOODS AND PAYMENT TERMS
- The Client may correct the price of goods and services and all costs associated with the delivery of goods and services in accordance with the Contract in the following ways:
- cash on delivery at the place specified by the Client in the Order,
- cashless transfer to the company's account No. 115-8629990247 / 0100 kept in Komerční banka, as (hereinafter referred to as the company's "account"),
- possibly in other ways specified in the web interface of the store.
- Along with the price of goods or services, the Client is obliged to pay the Company in the agreed amount also all costs associated with the packaging and delivery of goods or provision of services. The price, unless expressly stated otherwise, also means all costs associated with the packaging of the delivered goods or the provision of services.
- Unless otherwise stated in the Agreement, the Company does not require any advance or other similar payment from the Client. This is without prejudice to the provision on the obligation to pay the price in advance (Article 6).
- In the case of payment in cash, the price is payable upon receipt of the goods or the start of the service. In the case of the non-cash payment method, the price is payable within fifteen days of the conclusion of the Agreement.
- In the case of a non-cash payment method, the Client is obliged to pay the price of goods and services with the variable payment symbol. In the case of the non-cash payment method, the Client's obligation to pay the price is fulfilled at the moment the relevant amount is credited to the Company's Account.
- The Company is entitled, especially if there is no further confirmation of the order by the Client (Article 6), to demand payment of the full price before sending the goods to the Client or before starting to provide the service. The provisions of Section 2119 (1) of the Civil Code shall not apply.
- Any discounts on the price of goods or services provided by the company to the client cannot be combined with each other. Only the discount that the Client chooses applies, ie the discount that is most advantageous for the Client.
- If this is customary in business relations or if it is stipulated by generally binding legal regulations, the Company will issue a tax document - invoice - to the client regarding payments made on the basis of the contract. The company is a payer of value added tax. The tax document - invoice will be issued by the Company to the Client after payment of the price of the goods and is sent in electronic form to the Client's e-mail address.
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5. TRANSPORTATION AND DELIVERY OF GOODS
- If the Company is obliged under the Contract to deliver the goods to the place specified by the Client in the order, the Client is obliged to take over the goods upon delivery.
- In the event that for reasons on the part of the customer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the customer is obliged to pay the costs associated with repeated delivery of goods, ie costs associated with other methods of delivery.
- Upon receipt of the goods from the carrier, the customer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately inform the carrier. In case of finding a broken package indicating unauthorized handling of the consignment, the Client does not have to take over the consignment from the carrier.
- If there is a wayb transport agreed on the basis of a special request of the Client, the Client bears the risk and any other costs associated with this mode of transport.
6. RIGHTS FROM DEFECTIVE PERFORMANCE, COMPLAINTS
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
- The Company is responsible to the Client for the fact that the delivered goods and services are free of defects, in particular the Company is responsible for the fact that the goods and services:
- have the characteristics agreed upon by the parties and, in the absence of such an agreement, such characteristics as are described by the Company or the manufacturer or which the Client could reasonably expect, taking into account the nature of the goods and the advertising they make,
- are suitable for the purposes specified by the Company or for which goods of this kind are normally used,
- correspond to the quality or design of the agreed sample or design, provided that the quality or design has been determined in accordance with the approved sample or design,
- are in an appropriate quantity, measure or weight; and
- comply with legal requirements.
- The provisions set out in Article. 2 of the General Terms and Conditions does not apply to goods and services sold at a lower price for a defect for which a lower price was agreed, to wear and tear of the goods caused by its normal use, in the case of used goods to a defect corresponding to the wear and tear of the goods. by the nature of the goods.
- If the Client is not a legal entity or a person acting in concluding the Contract within its business activities or within the independent performance of its profession, and if the defect manifests itself within six months of delivery of the goods, it is considered defective . The client is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
- The Client exercises the rights arising from defective performance at the address of the Company's registered office in Žatec, Volyňských Čechů 837, postal code 438 01 or at the e-mail address: filip.pelc@gatehelpers.com. If the goods are defective, the moment of complaint is the moment when the company received the goods from the client.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The client acquires ownership of the goods by paying the full price of the goods.
- The company is not bound by any codes of conduct in relation to the client in the sense of § 1826 par. E) of the Civil Code.
- The company provides out-of-court settlement of consumer complaints via the e-mail address filip.pelc@gatehelpers.com. The Company sends information on the handling of the Client's complaint to the Client's e-mail address.
- The company is entitled to sell goods and services on the basis of a trade license. The trade license control is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection oversees the area of ​​personal data protection. To the extent specified, the Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
- The client hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
8. PROTECTION OF PERSONAL DATA
- The protection of personal data of a client who is a natural person is governed by Regulation (EU) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the protection of personal data. data) and other regulations.
- The Client agrees to the processing of the following personal data (hereinafter referred to as "Personal Data"): Name and surname, residential address, other postal addresses, identification number, tax identification number, e-mail address, telephone number and bank account number.
- The Client agrees to the processing of personal data by the Company for the purposes of exercising the rights and obligations arising from the Agreement. Unless the Client chooses another option, he also agrees to the processing of personal data by the Company for the purpose of sending information and business messages to the Client. Consent to the processing of personal data in full under this Article is not a condition which in itself precludes the conclusion of a contract.
- The Client acknowledges that he is obliged to state his personal data correctly and truthfully and that he is obliged to inform the company without undue delay of any change in his personal data.
- The company may authorize a third party to process the client's personal data. Except for persons whose cooperation is necessary for the delivery of goods or services (eg Carriers), the company will not transfer personal data to any third party without the prior consent of the client.
- Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
- The client confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
- The client may at any time request the company to allow access, repair, modification, deletion or restriction of processingif the data are inaccurate or have been processed in breach of the applicable data protection rules. The user has the right to the transferability of personal data, the right to object to the processing of personal data, the right to withdraw consent to the processing of personal data and the right not to be subject to automated individual decision-making, including profiling. These rights can be exercised via the e-mail address: filip.pelc@gatehelpers.com
9. SENDING BUSINESS MESSAGES AND STORING COOKIES
- The Client agrees to the sending of information related to the goods, services or establishment of the Company to the Client's e-mail address and agrees to the sending of the Company's commercial communications to the Client's e-mail address.
- The client agrees to the storage of cookies on his computer. In the event that it is possible to make a purchase on the website and meet the Company's obligations under the Agreement without storing cookies on the Client's computer, the Client may revoke the consent in accordance with the previous sentences at any time.

General information about cookies
The cookies used on our website are used to make our services on the Internet more user-friendly and efficient. Some cookies remain stored on your terminal device.
Cookies are actually small data files that are played between your browser and the Internet server when you visit our website. In no case can they cause any damage and serve solely to re-identify the website visitor. Cookies can only provide the information that your browser passes to them, ie. information that you have entered into your browser or that is available on the website. Cookies cannot send any code and cannot be used to access your terminal device. The next time you visit our website from the same terminal, the information stored in cookies may be sent back either to us (the "original cookie provider") or to the third party web application to which the cookie belongs ("another cookie provider"). Using the information stored and sent back, the relevant web application recognizes that you have already activated the website and visited it using a browser on your terminal device.
According to the purpose of use and function, we divide cookies into the following categories:
Cookies necessary for the technical functioning of the site and for ensuring the basic functions of our website. This type of cookie is used, for example, to preserve your settings while navigating the website; or they can ensure that the most important information (eg login, shopping cart) is kept throughout the session.
Statistical cookies help to understand how visitors to our website behave by collecting and evaluating information anonymously. In this way, we gain important knowledge for optimizing our website, but also our products and services.
Marketing cookies are used for targeted advertising activities on our website, which are aimed at their users.
Unclassified cookies are cookies that we try to classify together with other providers of individual cookies.
According to the length of storage, we divide cookies into temporary cookies and permanent cookies. Temporary cookies store information that was used during your current browser session. These cookies are automatically deleted when you close your browser. In this case, no information will remain on your terminal. Persistent cookies store information between two website visits. Based on this information, you will be recognized as a regular visitor the next time you visit and the website will respond accordingly. The lifetime of one permanent cookie is determined by the cookie provider.
The legal basis for the use of technically necessary cookies is based on our legitimate interest in the technically perfect functioning and smooth operation of our website in accordance with Article 6 (1) (a). f GDPR. Our website cannot function properly without these cookies. The use of statistical and marketing cookies requires, according to Article 6, paragraph 1, letter and GDPR Your consent. You may revoke your consent to the use of cookies pursuant to Article 7 (3) of the GDPR at any time with effect for the future. This consent is entirely voluntary. If you do not give your consent, there are no disadvantages for you.
You can still set your internet browser so that no cookies are stored on your terminal device at all, or that you will always be asked if you agree to the use of cookies. You can delete stored cookies again at any time. For details on operation, refer to the help of your Internet browser.
Please note that the complete deactivation of cookies may lead to the restriction of certain functions on our website.
Links to Third Party Services and Content
In order to optimize and analyze our website, we use the services or activities of third parties on our websites to present these contents and services;these are, for example, videos or fonts.
However, this assumes that these third parties can recognize the content, the IP address of the users, which is important for displaying the content. We strive to use only such content whose providers use the IP address only for the purpose of providing this content. The use of your data results from our legitimate interest, according to Article 6 para. f GDPR, which concerns the optimization of our online offer. Third party service providers may also use so-called pixel tags (invisible graphs, also referred to as "Web Beacons") for statistical and marketing purposes. With the help of "Pixel tags" it is possible to evaluate information concerning traffic to individual pages of a given website. Pseudonymous information may also be stored in cookies on the user's device and may contain, inter alia, technical information concerning the browser and operating system, linked websites, times visited, as well as other data relating to the use of our online offer, as well as may be linked with other information from other sources.
The processing of your data in cookies is based on your consent, according to Article 6, paragraph 1, letter and GDPR. You can revoke this consent at any time with effect for the future.
For more detailed information, we refer to the specific services described in this data protection statement.
Facebook pixel
The "Facebook pixel" of the social network Facebook, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, is used on our website for optimization and analysis purposes and for the economic operation of our online offer. Ireland ("Facebook") In accordance with Article 26 of the GDPR, we have joint responsibility with Facebook for this data processing.
Using the Facebook pixel, Facebook can identify visitors to our online offers as the target group for displaying messages (so-called "Facebook-Ads"). We are interested in our online offers or who have certain common features (such as interest in certain topics or products, which is determined by the websites we visit) that we pass on to Facebook (called "Custom Audiences"). We also want to use Facebook pixels to monitor the effectiveness of Facebook promotions for statistical purposes and market research by monitoring whether a user passes a Facebook ad after clicking on an ad. to our website (so-called "Conversion").
The processing of your data in cookies is based on your consent, according to Article 6, paragraph 1, letter and GDPR. You can revoke this consent at any time with effect for the future.
You can express your disagreement with the registration using the Facebook pixel and with the use of your data in order to display Facebook-Ads.
If you want to set what types of advertisements should be displayed on Facebook, you can activate the page set up by Facebook and follow the instructions for setting up advertisements that are aimed at users: https://www.facebook.com/settings ? tab = ads. These settings are made independently of the platform, ie. that they take over for all devices, such as desktop or mobile devices.
If the data from Facebook is to be processed in the USA, we would like to draw your attention to the fact that Facebook Inc. based in the USA, certified by the Privacy Shield Agreement, thus ensuring that European data protection regulations are complied with (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active). Privacy Shield is an agreement between the European Union and the United States, which should guarantee compliance with European data protection standards in the United States as well. The transfer of data to the USA is therefore permissible under Article 45 of the GDPR.
Facebook's data processing therefore takes place within the framework of the Facebook data processing directive. General instructions for displaying Facebook-Ads can be found here: https://de-de.facebook.com/policy.php. For special information and details about the Facebook pixel and how it works, see the Facebook help area: https://de-de.facebook.com/business/help/651294705016616.
Google Analytics
We use the Google Analytics website analysis feature on our website to analyze user behavior as well as to optimize our website. The service is provided by Google Ireland Limited, Barrow Street, Dublin 4, Ireland ("Google"). Website usage information, such as browser type / version, operating system used, previously visited site, host name of the computer from which access is made (IP address), time the information was sent to the server, is usually transmitted to Google's server and here are stored. I am with Googlefor this purpose, they have concluded a contract for the processing of contracts pursuant to Article 28 of the GDPR.
On our behalf, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. According to Google, the IP address obtained from your browser will not be associated with other data from Google.
We only use Google Analytics with an active IP anonymization feature by extending this website with the code "anonymizeIP". This guarantees the protection of your IP address, as all data is obtained anonymously. Only in exceptional cases will the entire IP address be transferred to Google's server and shortened there.
Data relating to the use of our website will be deleted immediately after the end of the storage period set by us. Google Analytics gives us the following options in terms of storage time: 14 months, 26 months, 38 months, 50 months, do not delete automatically. You can ask us at any time about the storage time we have set.
The processing of your data using Google Analytics is based on your express consent, according to Article 6, paragraph 1, letter and GDPR. You may withdraw your consent at any time in the future in accordance with Article 7 (3) of the GDPR.
Additionally, you can prevent this information from being recorded by downloading and installing the browser plugin at the link below: http://tools.google.com/dlpage/gaoptout?hl=de.
For more information about Google's use of data, configuration options, and disapproval, please see the Google Privacy Statement at https://policies.google.com/privacy?hl=de.
If Google data is to be processed in the U.S., please note that Google is certified by the Privacy Shield Agreement to ensure that European data protection regulations are followed (https://www.privacyshield.gov/ participant? id = a2zt000000001L5AAI & status = Active). The Privacy Shield Agreement is an agreement between the European Union and the United States, which should guarantee compliance with European data protection standards in the United States as well. The transfer of data to the USA is therefore permissible under Article 45 of the GDPR.
Cookie storage settings
By default, your browser may allow cookies. You can change your browser settings at any time to prevent these and other sites from saving these files. However, changing these settings can cause problems with the site's functionality, and you may not be able to use all the features. The following links provide setup instructions for commonly used browsers:
Chrome: support.google.com
Firefox: support.mozilla.org
IE: windows.microsoft.com
Opera: help.opera.com
Safari: support.apple.com

10. COMMUNICATION DELIVERY
- Messages can be delivered to the client to the client's e-mail address.
11. FINAL PROVISIONS
- If the relationship established by the Treaty contains an international (foreign) element, then the parties have agreed that the relationship is governed by Czech law. This is without prejudice to consumer rights under generally binding legislation.
- If any provision of the General Terms and Conditions is or becomes invalid or ineffective, it will be replaced by a new provision whose meaning is as close as possible to the original invalid or ineffective provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
- The contract, including the general conditions, is archived by the company in electronic form and is not accessible.
- Company contact details: delivery address: GATEHELPERS sro, Žatec, Volyňských Čechů 837, postal code 43801, Czech Republic, e-mail address filip.pelc@gatehelpers.com, telephone (+420) 720 194 416.
These general terms and conditions are valid with effect from 1.8.2020.