Terms and Conditions
Terms and Conditions
GENERAL TERMS AND CONDITIONS
for the sale of goods and services in the GHClever online store
- INTRODUCTORY PROVISIONS
- These general terms and conditions (hereinafter referred to as "general terms and conditions") of GATEHELPERS s.r.o., with registered office in Žatec, Volyňské Čechů 837, ZIP code 43801, identification number 07798008, registered 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 in accordance with the provisions of § 1751 paragraph 1 letter 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with the contract for the supply of goods or the provision of services based on it (hereinafter referred to as the "Contract") concluded between By the company and another, private or legal entity (hereinafter referred to as the "Client") in the online store located at http://ghclever.com/ (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "website interface”).
- Provisions deviating from the General Terms and Conditions may be negotiated in the Contract. Such deviating provisions in the Contract take precedence over the provisions of the General Terms and Conditions.
- The Company may change 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.
- CONCLUSION OF CONTRACT
- Any presentation of goods and services placed on the web interface of the store is informative in nature and the company is not obliged to enter into a contract regarding such goods and services. The provisions of § 1732, paragraph 2 of the Civil Code shall not apply.
- The web interface of the store contains information about the goods and services, including the price of the individual goods and services, as well as the possible costs of returning the goods. Unless expressly stated otherwise, prices for goods and services will be inclusive of value added tax and all related charges. The prices of the goods remain valid for the time they are displayed on the web interface of the store. This provision does not limit the Company's ability to conclude a Contract under individually agreed conditions.
- The web interface of the store also contains information about the costs associated with the packaging and delivery of goods. Unless otherwise stated, information on the costs associated with packaging and delivery of goods applies only in cases where the goods are delivered to the territory of the Czech Republic.
- To order goods or services, the client fills out an order form in the store website interface. The order form mainly contains information about:
- ordered goods or services (the client "places" the ordered goods or services in the electronic shopping basket of the store's web interface),
- method of payment for the price of the goods or service, information on the required delivery of the ordered goods or the method of delivery of the service and
- information about the costs associated with the delivery of goods or the provision of a service (hereinafter collectively referred to as " Order").
- Before sending the Order to the Company, the Client is allowed to check and edit the data entered in the Order, taking into account the ability of the Client 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 data specified in the Order are considered correct by the Company. Immediately after the Order is accepted, the Company will confirm this acceptance to the Client via the electronic address specified in the Order (hereinafter referred to as " Electronic address of the client").
- The Company is always entitled, depending on the nature of the Order (quantity of goods, scope of services, price level, estimated costs of transport or service provision), 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 is established by the delivery of the acceptance of the Order, sent by the Company to the Client by electronic mail to the Client's Electronic Address.
- The Client agrees to use remote means of communication after the conclusion of the Agreement. The costs incurred by the Client when using means of communication at a distance in connection with the conclusion of the Agreement (costs of Internet connection, costs of telephone calls, etc.) are paid by the Client himself, and these costs do not differ from the standard rate.
- WITHDRAWAL FROM AGREEMENT
- If the Client is not a legal entity or a person acting when concluding the Agreement as part of his business activity or as part of his profession, then
- the client acknowledges that, in accordance with § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the contract for the supply of goods that was modified in accordance with the wishes of the client or on behalf of the client from the contract for the supply of perishable goods or goods , which was irretrievably mixed with other goods after delivery, from the contract for the supply of goods in closed packaging, which the consumer removed from the packaging, and , for reasons of hygiene, such goods cannot be returned, or from the contract for the supply of an audio or video recording or a computer program, if it was original seal broken,
- if it is not a case where it is not possible to withdraw from the contract by law, the client has the right to withdraw from the contract in accordance with § 1829 paragraph 1 of the Civil Code within fourteen days of taking over the goods, while if the subject The contract is for several types of goods or the supply of several sub-components, such a period starts 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. For the selection, the Client can 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 case of withdrawal from the purchase contract according to Article 1.2, the Contract is canceled from its inception. The goods must be returned to the Company's headquarters within fourteen days of withdrawal from the Contract. If the Client withdraws from the Agreement, the Client will bear the costs associated with returning the Goods to the Company, even if the Goods cannot be returned by the usual postal route due to their nature. The Company will return the payment received from the Client within fourteen days of withdrawal from the Contract. 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 client receives the goods or the service begins. In such a case, the Company will return the payment to the Client without undue delay by cashless payment to the account designated by the Client.
- If the Client is provided with a gift in connection with the conclusion or performance of the Agreement, the gift agreement is concluded between the Company and the Client with the decisive condition that in case of withdrawal from the Agreement, the gift agreement becomes ineffective, and the Client is obliged to adequately return the gift in accordance with the provisions of Article No. 1.3.
- The Company is entitled to unilaterally set off a claim for compensation for damage arising in connection with returned goods against the Client's right to a refund.
- PRICE OF GOODS AND PAYMENT TERMS
- The price of goods and services and all costs associated with the delivery of goods and provision of services in accordance with the Agreement may be corrected by the Client to the Company in the following ways:
- cash on delivery payment at the place specified by the Client in the Order,
- by non-cash transfer to the company account No. 115-8629990247 / 0100 maintained at Komerční banka, as (hereinafter referred to as the "company account"),
- possibly in other ways indicated in the web interface of the store.
- Along with the price of the goods or services, the Client is obliged to pay to the Company in the agreed amount also all costs associated with the packaging and delivery of the goods or the 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 does not affect 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 commencement of the provision of the service. In the case of a non-cash payment method, the price is payable within fifteen days from the conclusion of the Agreement.
- In the case of a non-cash payment method, the Client is obliged to pay the price of the goods and services, indicating the variable payment symbol. In the case of a non-cash payment method, the Client's obligation to pay the price is fulfilled when 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 § 2119, paragraph 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 chosen by the Client is applied, i.e. the discount that is most advantageous for the Client.
- If it is customary in business relations or if it is stipulated by generally binding legal regulations, the Company will issue a tax document - an invoice - to the client regarding payments made on the basis of the contract. The company is a VAT payer. Tax document - invoice is 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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- TRANSPORT AND DELIVERY OF GOODS
- If, based on the Contract, the Company is obliged to deliver the goods to the place specified by the Client in the order, the Client is obliged to take delivery of the goods.
- In the event that, for reasons on the part of the customer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the customer is obliged to pay the costs associated with the repeated delivery of the goods, i.e. the costs associated with a different delivery method.
- When taking over the goods from the carrier, the customer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to inform the carrier immediately. t17>
- If the method of transport is agreed on the basis of a special request of the Client, the Client bears the risk and any additional costs associated with this method of transport.
- RIGHTS FROM DEFECTIVE PERFORMANCE, COMPLAINTS
- The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular 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 goods and services:
- have properties agreed upon by the contracting parties and, in the absence of such an agreement, such properties 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 on the basis of their advertising,
- are suitable for the purposes of use specified by the Company or for which goods of this type are usually used,
- to match the quality or design of the agreed sample or design, if the quality or design was determined in accordance with the approved sample or design,
- are in adequate quantity, measure or weight; and
- comply with the requirements of legal regulations.
- Provisions referred to in Article. 2 of the General Terms and Conditions does not apply to goods and services sold at a lower price to a defect for which a lower price was negotiated, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of wear and tear of the goods upon acceptance by the Client, or if it follows from the nature of the goods.
- If the Client is not a legal entity or a person acting when concluding the Contract as part of his business activity or as part of the independent exercise of his profession, and if the defect becomes apparent within six months of the delivery of the goods, it is considered that the goods were already defective at the time of delivery. The Client is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
- The Client applies the right from defective performance at the address of the Company's headquarters in Žatec, Volyňské Čechů 837, zip code 438 01 or at the e-mail address: email@example.com. If the goods are defective, the moment of the complaint is the moment when the company received the goods in question from the client.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The customer acquires ownership of the goods by paying the full price of the goods.
- In relation to the client, the company is not bound by any codes of conduct within the meaning of § 1826 paragraph E) of the Civil Code.
- The Company provides out-of-court resolution of consumer complaints through the e-mail address firstname.lastname@example.org. The Company sends information about handling the Client's complaint to the Client's e-mail address.
- The company is authorized to sell goods and services based on a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The area of personal data protection is supervised by the Office for Personal Data Protection.The Czech Trade Inspection carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
- The client hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
- 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 natural persons in connection with the processing of personal data and on the protection of personal data free the movement of this data (general regulation on the protection of personal 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. If the Client does not choose another option, he also agrees to the processing of personal data by the Company for the purpose of sending information and business communications to the Client. Consent to the processing of personal data in its entirety according to this article is not a condition that in itself excludes the conclusion of a contract.
- The Client acknowledges that it is obliged to correctly and truthfully provide its personal information and that it is obliged to inform the Company without undue delay of any change in its personal information.
- The company may entrust a third party as a processor to process the client's personal data. Except for persons whose cooperation is necessary for the delivery of goods or the provision of services (e.g. 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 instructed that this is a voluntary provision of personal data.
- The client may at any time request the company to allow access, correction, modification, erasure or restriction of processing if the data is inaccurate or has been processed in violation of applicable personal data protection regulations. The user has the right to portability 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. The aforementioned rights can be exercised via the e-mail address: email@example.com
- SENDING BUSINESS MESSAGES AND STORING COOKIES
- The client agrees to send information related to the goods, services or establishment of the company to the client's e-mail address and agrees to send the company's business communications to the client's e-mail address.
- The client agrees to store cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the Company's obligations under the Agreement without storing cookies on the Client's computer, the Client may revoke consent at any time in accordance with the previous sentences.
General information regarding cookies
Cookies used on our website serve to make our services on the Internet more user-friendly and efficient. Some cookies remain stored on your end 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 are used exclusively to re-identify the website visitor. Cookies can only provide the information that your browser gives them, i.e. information that you have entered into your browser or that is available on the website. Cookies cannot transmit any code and cannot be used to access your end device. When you next visit our website from the same end device, the information stored in the cookie can be sent back either to us ("original cookie provider") or to the third-party web application to which the cookie belongs ("second cookie provider"). With the help of the information stored and sent back, the respective web application recognizes that you have already activated and visited the website in question using the 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 given pages and to ensure the basic functions of our website. This type of cookies is used, for example, to preserve your settings while moving around the website; or they can ensure that the most important information (eg login, shopping cart) is preserved throughout the session.
Statistical cookies help to understand how visitors behave on our website by anonymously collecting and evaluating information. This is how we gain important knowledge to optimize our website, but also our products and services.
Marketing cookies are used for targeted advertising activities on our websites, 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 storage length, 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 the browser is closed. In this case, no information will remain on your end device. Permanent cookies store information between two website visits. Based on this information, you will be recognized as a regular visitor on your next visit and the website will respond accordingly. The lifetime of one permanent cookie is determined by the cookie provider.
Please note that complete deactivation of cookies may lead to the limitation of certain functions on our website.
Links to third-party services and content
On our website, for the purpose of optimization and analysis of our website, we use offers of services or activities of third parties to present these contents and services; these are, for example, videos or fonts.
However, this assumes that these third parties can recognize the given contents, the IP address of the users, which is important for displaying the contents. We try to use only those contents whose providers use the IP address only for the purpose of providing these contents. 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 parties providing services 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 regarding the traffic of individual pages of the given website. Pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information regarding the browser and operating system, linked websites, times of page visits, as well as other data related to the use of our online offer, as well as can 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 p. and GDPR. You can revoke this consent at any time with effect for the future.
For further detailed information, please refer to the specific services described in more detail in this data protection statement.
The so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, is used on our website for reasons of optimization and analysis and for the economic operation of our online offer. Dublin 2, Ireland ("Facebook"). We are jointly responsible with Facebook for this data processing pursuant to Article 26 of the GDPR.
With the help of the Facebook pixel, Facebook can determine the visitors of our online offers as a target group for the display of messages (so-called "Facebook-Ads"). Accordingly, we use the Facebook pixel to reach only those Facebook users who have shown, with activated Facebook-Ads that they are interested in our online offers or who show certain common characteristics (e.g. interest in certain topics or products, which is determined on the basis of the websites visited), which we pass on to Facebook (so-called "Custom Audiences"). With the Facebook pixel, we want also to ensure that our Facebook-Ads correspond to the interests of potential users and that they do not annoy users.With the help of the Facebook pixel, we also want to monitor the effectiveness of advertising campaigns on Facebook for statistical purposes and for the purpose of market research, by monitoring whether a given user clicks on an ad on Facebook will go to our website (so-called "Conversion").
The processing of your data in cookies is based on your consent, according to Article 6 paragraph 1 p. and GDPR.You can withdraw this consent at any time with effect for the future.
If you want to set what kinds of advertising notifications you want to be shown on Facebook, you can activate the page set up by Facebook and follow the instructions for setting up user-targeted advertising notifications here: https://www .facebook.com/settings?tab=ads. These settings are made independently of the given platform, ie. that they will take over for all devices such as desktop or mobile.
If data from Facebook is to be processed in the USA, please note that Facebook Inc. based in the US is Privacy Shield certified and thereby ensures compliance with European data protection regulations (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active). Privacy Shield is an agreement between the European Union and the US that should guarantee compliance with European data protection standards in the US as well. The transfer of data to the USA is therefore permissible according to Article 45 of the GDPR.
Data processing by Facebook therefore takes place within the framework of the Facebook data processing directive. General instructions regarding the display of Facebook-Ads can be found here: https://de-de.facebook.com/policy.php. Special information and details regarding the Facebook pixel and its operation can be found in the Facebook help area : https://de-de.facebook.com/business/help/651294705016616.
On our website, we use the function of the web analysis service Google Analytics for the purpose of analyzing user behavior as well as to optimize our internet presentation. The provider of this service is Google Ireland Limited, Barrow Street, Dublin 4, Ireland ("Google"). Information about the use of the website, such as the type/version of the browser, the operating system used, previously visited pages, the host name of the computer from which the access is made (IP address), the time the information was sent to the server, are usually transmitted to the Google server and here are stored. For this purpose, we concluded a contract with Google on the processing of orders in accordance with Article 28 of the GDPR.
On our behalf, Google will use this information to evaluate your use of this website, to create reports on activities on our website and for other services that are connected to the use of our website and services connected to the use of the Internet. According to information from 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 address anonymization function by adding the code "anonymizeIP" to this website. 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 a Google 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 storage time options: 14 months, 26 months, 38 months, 50 months, do not delete automatically. You can ask us about the storage period we have set at any time.
The processing of your data using the Google Analytics service is based on your express consent, according to Article 6 paragraph 1 p. and GDPR.You can revoke your consent at any time with effect for the future in accordance with Article 7 paragraph 3 of the GDPR.
In addition, you can prevent this data from being recorded by downloading and installing a browser plugin from the link below: http://tools.google.com/dlpage/gaoptout?hl=de.
For more information on Google's use of data, setting options and how to object, see Google's Data Protection Statement at https://policies.google.com/privacy?hl=de.
If data from Google is to be processed in the USA, please note that Google is Privacy Shield certified and in this way it is ensured that European data protection regulations are followed (https:// www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active). The Privacy Shield Agreement is a treaty between the European Union and the US that should guarantee compliance with European data protection standards in the US as well. The transfer of data to the USA is therefore permissible according to Article 45 of the GDPR.
Cookie storage settings
By default, your browser probably allows the storage of cookies. You can change your browser settings at any time to prevent this and other websites from storing these files. However, such a change in settings may cause problems with the functionality of the site and you may not be able to use all functions. The following links contain instructions for setting up commonly used browsers:
- DELIVERY OF COMMUNICATIONS
- Communications may be delivered to the client to the client's email address.
- FINAL PROVISIONS
- If the relationship established by the Contract contains an international (foreign) element, then the contracting parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legal regulations.
- If any provision of the General Terms and Conditions is or becomes invalid or ineffective, it will be replaced by a new provision, the meaning of which will be as close as possible to the original invalid or ineffective provision. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.
- The contract, including the general conditions, is archived by the company in electronic form and is not accessible.
- Company contact information: address for delivery: GATEHELPERS sro, Žatec, Volyňské Čechů 837, ZIP Code 43801, Czech Republic, e-mail address firstname.lastname@example.org, telephone (+420) 720 194 416.
These general terms and conditions are valid with effect from 1 August 2020.