1. General provisions
1.1. These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the rights and obligations of the parties arising from the purchase agreement concluded between the seller, which is GCT Glass and Crystal Trading Ltd., registered office Zavarská7924 / 10G, 917 01 Trnava, IČO: 36 244759, registered in the Commercial Register of the District court Trnava, Section Sro, File No .: 12919 / T, tax ID: 2021585016, VAT: SK2021585016 (hereinafter referred to as “seller”) and the buyer, which concerns the purchase and sale of goods on any website of the online store operated by the seller.
1.2. These General Terms and Conditions also regulate the rights and obligations of the parties in the case of concluding an individual purchase contract (individual purchase contracts) as a result of negotiations between the seller and the buyer.
(Purchase agreement entered into under section 1.1 or 1.2 of these GTC hereinafter referred to only as “contract of sale” and buyers in accordance with clause 1.1 or 1.2 of these GTC hereinafter as the “buyer”)
1.3 If the buyer to these GTC proceed, these are an integral part of the purchase contract. If the Seller and the Buyer conclude a written purchase agreement in which they agree on conditions different from these GTC, the provisions of the purchase contract shall take precedence over the provisions of these GTC.
1.4. Seller’s contact and payment details:
E – mail: info@gct.sk
postal address: GCT Glass and Crystal Trading Ltd., Zavarská 7924 / 10G, 917 01 Trnava
Bank account number: ………………………………….
1.5. The buyer is a consumer or an entrepreneur.
A consumer is a natural person (entrepeneur) who, when concluding and performing a consumer contract, does not act within the scope of his business or other business activity.
The legal relations of the seller with the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act no. No. 40/1964 Coll., the Civil Code, as amended, as well as related regulations.
Entrepreneur means:
– a person registered in the Commercial Register,
– a person doing business under a trade license,
– a person doing business on the basis of a non-trade license pursuant to special regulations,
– a person who carries out agricultural production and who is registered in a special regulation.
– For the purposes of the GTC, an entrepreneur is also understood to be one who acts in accordance with the previous sentence in the course of his / her business. If the buyer states his / her identification number (IČO) in the order, he / she acknowledges that the rules stated in the GTC for entrepreneurs apply to him.
The legal relations of the Seller with the Buyer, which is an entrepreneur, are not expressly regulated by these GTC or the contract between the Seller and the Buyer shall be governed by the relevant provisions of the Act. no. 513/1991 Coll., The Commercial Code, as amended, as well as related regulations. In case of any differences between the GTC and the individual contract, the text of the contract shall prevail.
1.6. By placing an order, the Buyer confirms that he has become acquainted with these GTC, which form an integral part of the complaints procedure and that he agrees with them, in the wording valid and effective at the time of sending the order. The buyer will receive a copy of the GTC as an attachment to the order confirmation to the specified email address.
1.7. The buyer is aware that by purchasing products that are in the seller’s offer, he does not acquire any rights to use registered brands, trade names, photographic works (photographs posted on the seller’s website), company logos or patents of the seller or other companies, if not it is otherwise agreed in a specific case in a specific contract.
1.8. The list of goods on any website of the online store operated by the seller is a catalog of commonly supplied goods and the seller does not guarantee the immediate availability of all the goods listed. The availability of the goods will be confirmed to the Buyer based on the Buyer’s question. All prices for goods and services and all fees in the e-shop are stated including the applicable VAT.
1.9.Supervisory authority:
Slovak Trade Inspection (SOI)
SOI Inspectorate for Trnava Region
Pekarska 23, 917 01 Trnava 1
Supervision Department
tel. no. 033/321 25 27, 033/321 25 21, fax no. 033/321 25 23
2. Method of concluding the purchase contract
2.1. The purchase agreement between the seller and the buyer can be concluded through the seller’s online store or as an individually agreed purchase agreement.
2.2 Finalizing the purchase zmluvyprostredníctvom online store vendor
2.2.1.The Buyer shall send his order by completing the form from the Seller’s online store, by e-mail or by telephone (hereinafter referred to as the “Order”). Sending an order to the buyer according to the previous sentence is not considered a conclusion of the purchase contract, but only a proposal for its conclusion. An automated notification of receipt of an order from the electronic system of the seller, which the buyer receives his e-mail address immediately after placing the order, is not considered binding acceptance of the order, but only confirmation of sending the order through the online store.
2.2.2.The purchase contract between the seller and the buyer is concluded only by binding acceptance of the buyer’s order by the seller in the form of an e-mail confirmation of acceptance of the order marked as “order confirmation”. The Seller shall send the Buyer a binding acceptance of the order on the basis of prior acceptance of the Buyer’s order and subsequent verification of the availability of the goods, valid prices and delivery date of the goods requested by the Buyer. If the price of the goods is found higher, the seller is obliged to ask the buyer to change the price according to the current price list before confirming the order. In this case, the contractual relationship shall be deemed concluded only after the Seller’s binding acceptance of the Buyer’s order upon the Buyer’s approval of the price change.
2.2.3. The binding acceptance of the order shall include the name and specification of the goods the sale of which is the subject of the purchase contract, the price of the goods and / or other services, the delivery time of the goods, the name and details of the place where the goods are to be delivered, , conditions, method and time of transport of goods to the agreed place of delivery of goods for the buyer, information about the seller (business name, registered office, company registration number, registration number, etc.), or other data.
2.2.4. The buyer can deliver by e-mail or by phone to the seller until receipt of the order confirmation to the seller that the order is unilaterally canceled. The Buyer is obliged to state the name, e-mail and description of the ordered goods in the order cancellation notice. If the order is canceled, the seller does not charge the buyer any fees related to the order cancellation. In the event that the Buyer has paid the Seller the purchase price or part thereof until the order is canceled, the Seller shall return the already paid purchase price or part thereof within 7 days of the order cancellation by transfer to the Buyer’s bank account unless the parties agree otherwise to refund the purchase price.
2.2.5. In the case of ongoing events, the sale of goods on the website administered by the seller in addition to these GTC and binding conditions of the respective shares that the seller shall publish on its website. In the event that the buyer orders the goods in violation of the terms of the relevant action, the seller is entitled to cancel the buyer’s order. The customer will be informed about the cancellation of the order by e-mail and in the case of payment of the purchase price or part thereof, the funds will be returned within 7 days to the account specified by him, unless otherwise agreed with the seller.
2.3 Concluding an individually agreed purchase agreement
Individually agreed sales contracts are mainly (but not exclusively) concluded with business buyers. The moment of concluding an individual purchase contract and the process preceding it is governed by the general provisions of Act no. No. 40/1964 Coll., the Civil Code, as amended.
3. The rights and obligations of the seller
3.1. The seller is obliged to:
– on the basis of a concluded purchase contract, to deliver the goods to the buyer in the agreed quantity, quality and time and to pack or equip them for transport in the manner necessary for their preservation and protection,
– ensure that the delivered goods comply with the applicable legislation of the Slovak Republic,
– to hand over to the Buyer, together with the goods in written or electronic form, all documents necessary for the takeover and use of the goods and other documents prescribed by valid legal regulations (instructions in the Slovak language, warranty card, delivery note, tax document).
3.2 The Seller has the right to a proper and timely payment of the purchase price from the Buyer for the delivered goods.
3.3 The Seller has the right not to accept or cancel the Buyer’s order if, due to the sellout of the inventory or the unavailability of the goods, he is unable to deliver the goods to the Buyer within the time limit specified in these Terms and Conditions. The customer will be informed about the cancellation of the order by phone or e-mail and in the case of payment of the purchase price or its part will be returned within 15 days to the account specified by him, unless otherwise agreed with the seller.
3.4. The Seller shall be entitled to verify the identity of the Buyer or the person authorized to collect the goods upon personal collection of goods at its premises in cases where the Buyer delivers the goods by prepay by credit card, by bank transfer or is due within the due date specified in the invoice issued by the Seller.
4. Buyer’s rights and obligations
4.1. The buyer is obliged to:
– take over purchased or ordered goods,
– pay the seller the agreed purchase price within the agreed maturity, including delivery costs,
– confirm the receipt of the goods in the delivery note by his or her signature.
4.2 The Buyer has the right to deliver the goods in the quantity, quality, time and place agreed by the parties in the binding acceptance of the order.
5. Delivery and payment terms
5.1 Terms of Delivery
5.1.1.The goods are sold according to the exhibited designs, catalogs, type sheets and samplers of the seller placed on the website of the seller’s internet shop or in the seller’s showroom.
5.1.2. In the event of a valid conclusion of the purchase contract through the seller’s online store, the seller is obliged to fulfill the buyer’s order and deliver the goods to the buyer without undue delay, at the latest within 30 days of delivery of the goods to the seller or to the seller. The buyer accepts this delivery time. If the goods are to be in the seller’s warehouse, the seller is obliged to fulfill the buyer’s order and deliver the goods to the buyer immediately, usually send it or ready for takeover within 3 days, but no later than 30 days after the purchase contract. If the seller is unable to meet the above deadlines, he will notify the buyer of this fact.
5.1.3. In the case of concluding an individually agreed purchase contract, the contracting parties generally agree on individual terms of delivery. If delivery terms have not been agreed, these shall be adequately governed by clause 5.1.2. of these GTC.
5.1.4. The buyer is obliged to take over the goods at the place of delivery of the goods, which is stated in the confirmation of the buyer’s order by the seller and, in the case of an individually agreed purchase contract, at the place agreed in the contract. In other cases, the buyer is obliged to take over the goods at the seller’s registered office mentioned in point 1.1. of these GTC.
5.1.5. The Seller may ask the Buyer to take over the goods before the expiry of the period agreed in the purchase agreement and if the Buyer agrees with the earlier takeover of the goods, they agree on a specific way of taking over the goods by the Buyer.
5.1.6. The weight, dimensions and other data of the goods contained in the Seller’s catalogs, brochures and other documents given by the manufacturer may differ from the actual value by ± 10% of the stated value. The buyer acknowledges this fact.
5.1.7. If the seller transports the goods to the buyer at the place specified in the contract the buyer, the buyer must take delivery in person or to ensure that the goods are taken over by the person authorizing the event of his absence from the receipt of goods specified in the purchase agreement and sign a protocol on delivery and handover of the goods. The third party authorized to take over the goods specified in the purchase contract is obliged to present the original or a copy of the written authorization to the seller. If it is necessary to repeat the delivery of the goods due to the absence of the Buyer at the place specified in the Purchase Agreement, all costs incurred by the Buyer shall be borne by the Buyer, especially the repeated delivery of the goods to the place of destination in the Purchase Agreement. Goods shall be deemed to have been delivered at the moment of delivery of the goods to the place of delivery referred to in point
5.3. of these GTC and taken over at the moment of physical takeover of goods by the buyer, respectively. its authorized representative.
5.1.8. The Buyer is obliged to inspect the goods as well as their packaging immediately upon delivery. If the buyer finds that the goods or packaging of the goods is mechanically damaged, he is obliged to notify the carrier without undue delay and check the condition of the goods in his presence. In the event that damage to the goods is detected by the buyer, the buyer immediately upon receipt of the goods shall make a record of the extent and nature of the damage (damage record), the accuracy of which shall be confirmed by the carrier. On the basis of such a record delivered to the seller, the seller may, after the conclusion of the damage event with the carrier, provide the removal of goods shortage, discount on goods or in case of irremovable goods defects deliver new goods to the buyer.
5.1.9. The buyer who is a consumer is entitled in the case of failure to deliver the goods by the seller within the deadlines specified in point 5.1.2. these GTC withdraw from the contract and the seller must give the buyer has paid part of the purchase price within 15 days of receipt of the withdrawal from the purchase contract by wire transfer to the account of the buyer’s intended buyers.
5.1.10. The buyer will receive an invoice for each shipment by email. If the invoice does not replace the warranty card or delivery note, the buyer will receive these documents, or any other necessary documents, in the packaging of the goods.
5.1.11. Way of delivery / collection of goods:
– personal collection (if the buyer selects the seller’s place of business as a collection point, he has the option of seeing, checking, checking or possibly returning / not taking delivery of the goods directly at the site),
– delivery by post, transport company or other method of choice of the buyer (the buyer must always be informed about the final price of the chosen mode of transport when choosing).
5.2 Terms of payment
5.2.1. Payment methods:
– payment in advance to the bank account of the seller,
– in cash upon receipt for cash on delivery,
– via PayPal
5.2.2. In the case of individually negotiated purchase contracts, it is possible to agree on the method of payment by paying the purchase price to the seller’s bank account within the due date of the relevant invoice.
5.2.3. In the event that the purchaser when buying through an online store chooses to pay in advance by bank transfer to the bank account of the seller, the seller will automatically e-mail send an advance invoice. Sending an advance invoice according to the previous sentence does not constitute confirmation of the order in accordance with the relevant provisions of these GTC. After the payment has been credited to the Seller’s account, the Seller shall send the Buyer a tax document. When paying in advance by bank transfer may be affected by the delivery date deadline for payment of the payment. In this case, the time limits referred to in points 5.1.2. and 5.1.3. of these GTC shall commence only on the day of crediting the entire payment to the Seller’s account. If the payment for the ordered goods is not credited to the seller’s account no later than five working days after the order confirmation, the purchase contract is automatically canceled, unless the seller and the buyer agree.
5.2.4. In the case of purchase through the seller’s e-shop, the price for the delivery of goods is calculated by the information system of the seller of the order weight, delivery address and according to the selected mode of transport according to the current price list for individual modes of transport.
5.2.4.1. In the case of a buyer who is a consumer, the shipping price will never be higher than the price that is displayed to the buyer in the seller’s online store before order confirmation.
5.2.4.2. In the case of a buyer who is an entrepreneur, the seller reserves the right to adjust this price in case of incorrect calculation of the price for delivery of goods by the information system, the seller also reserves the right to adjust this price (which lasts until the final conclusion of the contract), which without undue delay notifies the buyer, in which case the buyer has the right to withdraw from the contractual relationship.
5.2.5. In relation to the Buyer who is an entrepreneur, individual invoices issued by the Seller have a maturity of 14 days, unless agreed otherwise between the parties.
5.2.6 All payments for goods must be made in euro (EUR). The seller is not obliged to accept the payment made in another currency – he is entitled to return the payment to its payer. If the seller makes use of his option to refund the payment, he shall notify the payer thereof without undue delay. In such a case, the payment in question has no effect on the payment of the purchase price in question.
6. Purchase price
6.1. The buyer is obliged to pay the seller the purchase price of the goods agreed in the purchase contract and / or according to the seller’s price list valid at the time of conclusion of the purchase contract, including delivery costs (hereinafter referred to as the “purchase price”). and 5.2.2. of these GTC.
6.2 In the event that the buyer pays the seller the purchase price by wire transfer, the day of payment shall be the day on which the entire purchase price was credited to the seller’s account.
6.3 The buyer is obliged to pay the seller the purchase price for the ordered goods within the time limit according to the purchase contract, but at the latest when the goods are taken over.
6.4 In the event that the buyer pays the seller the purchase price for the goods agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and request a refund of the purchase price only in accordance with applicable legislation of the Slovak Republic, purchase contract and these GTC.
6.5The costs associated with the assembly and removal of the goods are not included in the purchase price of the goods and the seller is not obliged to provide these services to the buyer.
6.6 All shares are valid until stocks are sold out, unless otherwise specified for a particular product.
6.7. In the event that the purchase price for returned or claimed goods and goods that have been withdrawn from the contract, will be paid by the buyer in the form of gift certificates, or in combination with monetary performance, the seller refunds the purchase price to the buyer in the same way as the buyer. However, the value of the gift certificates returned to the buyer must not exceed the value of the gift certificates paid by the buyer when purchasing the goods. If the return of gift certificates for objective reasons would not be possible, especially because the seller does not have the necessary amount of gift certificates, the seller will provide the buyer with monetary compensation.
6.8.The Buyer acknowledges that if the Buyer orders the goods for the price published on the Seller’s website by mistake due to an error in the internal information system, the Seller is entitled to withdraw from the Purchase Agreement even after the Buyer has received the order confirmation. In such a case, the Seller shall inform the Buyer of such fact. Examples of where a mispriced price may occur include:
– the price of the goods is at first sight incorrect (eg does not take into account the purchase price);
– the price of the goods is missing or, in addition, one or more digits;
– the discount on the goods exceeds 50%, without the goods being part of a special marketing campaign or a special sale marked with a special symbol.
6.9 If the goods are shipped to the countries in which they are subject to customs clearance, the buyer is responsible for all customs clearance costs. Unless the Parties agree otherwise, the Seller is entitled to increase the purchase price by the relevant customs clearance costs.
7. Acquisition of ownership and transfer of risk of damage to goods
7.1. The seller reserves the right to property and therefore the buyer becomes the owner only after full payment of the purchase price.
7.2 The risk of damage to the goods passes to the buyer at the time when he takes over the goods from the seller, or when he does not do so in time, and at the time when the seller allows him to dispose of the goods and the buyer does not take over the goods.
8. Complaints procedure (liability for defects, warranty, complaints)
8.1. If the goods delivered by the seller have defects, the buyer has the right to claim the goods. When claiming goods, the buyer and seller will proceed in accordance with the complaints procedure, which is published on the website of the seller.
9. Processing of personal data
9.1. The Parties agree that the Buyer is obliged to notify the Seller of his / her name and surname, permanent address, including zip code, telephone number and e-mail address for the proper processing and delivery of the order if it is a natural person.
9.2 The contracting parties have agreed that the Buyer is obliged to notify the Seller of his / her business name, registered office address, including postal code, VAT ID (if applicable), telephone number (if assigned), and email address.
9.3. A buyer who has registered with the online store can check and change the personal information provided at any time, as well as cancel his / her registration directly in the online mode on the website of the online store, in the customer section, immediately after login.
9.4. The Seller hereby informs the Buyer that, within the meaning of Art. 6 (1) (a) (b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation); hereinafter “Regulation”), the seller as the operator of the information system is in the process of concluding the purchase agreement to process personal data of the buyer without his consent as the person concerned, since the processing of personal data of the buyer will be performed by the seller within the pre-contractual relations with buyers and processing of personal data of the buyer is necessary for performance of the purchase contract in which the buyer acts as one of the parties.
9.5. Pursuant to Art. 6 par. 1, par. f) The Seller may, based on the Buyer’s legitimate interest and with his consent, process his personal data also for the purposes of direct marketing and send to the Buyer’s email address information about new products, discounts and promotions on the offered goods, respectively services. The person concerned agrees by ticking the appropriate box before placing an order or when registering at the www.gct.sk e-shop so that the seller processes and stores his / her personal data in the extent of name, surname, e-mail address during the seller’s activity and special offers. Consent to the processing of personal data can be revoked by the buyer at any time.
9.6. The Seller undertakes to treat and handle the Buyer’s personal data in accordance with the applicable legislation of the Slovak Republic.
9.7. The Seller declares that in accordance with Art. 5 Sect. 1 (a) and (b) of the Regulation, the Buyer’s personal data will be obtained solely for the purpose stated in these GTC.
9.8 The Seller declares that, for purposes other than those stated in these GTC, the Buyer shall always obtain the Buyer’s personal data separately on an adequate legal basis and at the same time ensure that such Personal Data is processed and used solely in a manner consistent with the purpose for which it was collected and associate with personal data obtained for another purpose or for the purpose of performance of the purchase contract.
9.9 Before placing an order, the buyer will be prompted to confirm by checking the box before placing an order that the seller has informed him in a sufficient, clear and unchangeable manner:
a) its identification data contained in Art. 1. these terms and conditions proving the identity of the seller,
b) contact details of the seller, respectively. responsible person of the seller,
c) the purpose of the processing of personal data, namely the conclusion of a contract of sale between the seller and the buyer and the legal basis for the processing of personal data;
d) that the buyer is obliged to provide the required personal data for the purpose of concluding the purchase contract and proper equipment and delivery of the order,
e) if the processing is based on Art. 6 Sect. 1a let. f) that the legitimate interest pursued by the seller is direct marketing,
f) identification of a third party, which is the company that delivers the ordered goods to the buyer, resp. identification data of other recipients or categories of recipients of personal data, if any,
g) the period of retention of personal data; the criteria for determining it;
9.10. The Seller declares that it will process personal data in accordance with good morals and will act in a manner that does not contradict or circumvent the Regulation or other generally binding legal regulations.
9.11. In accordance with the Regulation, the Seller shall provide the Buyer whose data it processes with the following information:
a) the identity and contact details of the seller and, where applicable, the seller’s representative;
b) the contact details of any responsible person;
c) the purposes for which the personal data are intended and the legal basis for the processing;
d) where the processing is based on Art. 6 Sect. 1a let. f) the legitimate interests pursued by the seller or the third party;
e) the group of recipients or categories of recipients of personal data, if any;
f) where applicable, information that the seller intends to transfer personal data to a third country or an international organization;
g) the period of retention of personal data; the criteria for determining it,
h) information on the existence of the right to require the seller to have access to his personal data and the right to rectify or delete or restrict processing or the right to object to the processing as well as the right to transfer data;
i) the right to lodge a complaint with the supervisory authority;
j) whether the provision of personal data is a legal or contractual requirement, or a requirement necessary for the conclusion of the contract, whether the buyer is obliged to provide personal data, as well as the possible consequences of not providing such data;
k) the existence of automated decision making, including profiling;
The Buyer has the right to obtain from the Seller a copy of the personal data that is processed and the right to obtain all the above information. For any additional copies requested by the Buyer, the Seller may charge a fee corresponding to the administrative costs of making the copy.
9.12 If the buyer exercises his right under point 9.11 in writing or electronically and the content of his application implies that he exercises his right under point 9.11, the request shall be deemed to have been made under the Regulation.
9.13. The Buyer has the right to object to the processing of his personal data which the Seller assumes are or will be processed for the purposes of direct marketing, including profiling to the extent that it is related to such direct marketing. If the Buyer objects to such processing, the Seller shall terminate the processing of personal data for the purposes of direct marketing from the date of receipt of such objection to the Seller and the personal data of the Buyer concerned shall no longer and shall not be processed for such purposes.
9.14. The Buyer may file a complaint with the Office for Personal Data Protection of the Slovak Republic if he suspects that his personal data are being processed without authorization. If the buyer does not have full legal capacity, his rights may be exercised by the legal representative.
9.15. The Seller shall take appropriate measures to provide the Buyer with all the information referred to in paragraph 9.11 in a concise, transparent, understandable and easily accessible form, clearly and simply worded. The Seller shall provide the information electronically or in accordance with the Regulation by any other means agreed upon by the Buyer.
9.16. The Seller shall provide the Buyer without undue delay, in any case within one month of receiving the request, with information on the measures taken at the Buyer’s request.
9.17. The Seller informs the Buyer that due to the performance of the concluded contract, when processing the Buyer’s personal data, it is assumed that the Buyer’s personal data will be provided and made available to third parties, resp. circle of beneficiaries:
DirectParcelDistribution SK s.r.o.
Registered seat: Technická 7, 821 04 Bratislava
Company ID: 35 834 498
registered in the Commercial Register Bratislava I, section Sro, file no. 26367 / B
Slovenská pošta, a.s.
Registered seat: Partizánska cesta 9, 975 99 Banská Bystrica
Company ID: 36 631 124
registered in the Commercial Register of the District Court of Banská Bystrica, Section Sa, File no. 803 / S
WebHouse, s.r.o.
Registered seat: Paulínska 20, 917 01 Trnava Slovak RepublicIČO: 36743852
Company ID (VAT Nr): 2022329705
registered in the Commercial Register of the District Court Trnava, section Sro, file no. 19692 / T
WebSupport, s.r.o.
Company ID: 36 421 928
Registered seat: Karadžičova 7608/12, Bratislava – Municipality Ružinov 821 08
registered in the Commercial Register of the District Court Bratislava I, section Sro, file no. 63270 / T
9.18. An appendix to these GTC is a document marked as Privacy, which is published on the Seller’s website (www.gct.sk) in the Privacy section.
10. Withdrawal from the contract
10.1 The Seller is entitled to withdraw from the Purchase Agreement due to the sellout of inventory, unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the Contract discontinued production or made such serious changes that prevented the Seller from fulfilling or if, even with all reasonable efforts to do so, he is unable to deliver the goods to the buyer within the time limit or price specified in the online store or otherwise agreed. The Seller is obliged to immediately inform the Buyer about this fact and to return the already paid advance payment for the goods agreed in the Contract within 14 days from the notice of withdrawal by transfer to the account designated by the Buyer.
10.2 The Buyer, who is a consumer, is entitled to withdraw from the purchase contract within 14 days from the date of receipt of the goods without giving any reason. Within this period, the Buyer has the right to unpack and test the goods in a similar way as it is usual for a classic stone shop. Testing does not mean to start using the goods and then return it to the seller. The buyer who is an entrepreneur does not have the right to withdraw from the purchase contract under this GTC.
10.3. The buyer, who is a consumer, may exercise the right to withdraw from the contract with the seller in paper form or by email at info@gct.sk in a manner that does not raise doubts that the withdrawal has occurred. If the Buyer decides to do so, he shall send the Seller together with the Buyer a signed written withdrawal declaration stating his name and surname, address, order number, date of order and account number for the financial settlement. The buyer can use the withdrawal form (the seller will place a sample form on his website). If the Buyer withdraws from the Purchase Agreement, any supplementary contract related to the Purchase Agreement from which the Buyer has withdrawn shall also be canceled from the beginning.
10.4 The buyer acknowledges the fact that if gifts are provided with the goods, the donation agreement between the seller and the buyer is concluded with the proviso that if the right of withdrawal is exercised within 14 days, the donation contract expires and the consumer is obliged to returned returned goods and related gifts, including everything that he enriched. In case these gifts are not returned, these values will be understood as unjust enrichment of the consumer. If the issue of unjustified enrichment is not possible, the seller has the right to a monetary compensation equal to the usual price. In the event of termination of the donation contract does not terminate the purchase agreement and the contract in this respect are considered separately.
10.5. Except in cases stipulated by law and these GTC, the Seller is entitled to withdraw from the purchase contract in case of a manifest error in the price of the goods. Withdrawal from the contract under this point is possible within 14 days from the day following the date of conclusion of the purchase contract.
10.6. In the event of withdrawal from the contract by the buyer, within 14 days from the date of withdrawal, the goods together with proof of purchase at the seller’s premises or send it within the same time to the address of the seller (mentioned in the introduction of these GTC). By withdrawing from the contract, the buyer is obliged to deliver the goods to the seller including complete documentation, undamaged, preferably in the original packaging and unused. It is recommended to insure the goods. The seller does not accept cash on delivery items. Upon a valid withdrawal, the Seller shall refund to the Buyer all payments demonstrably paid by the Buyer in connection with the conclusion of the Purchase Agreement, in particular the purchase price, including the costs of delivery of the goods. However, the Seller is not obliged to pay the Buyer additional costs if the Buyer has chosen a method of delivery other than the cheapest standard delivery method offered by the Seller. Additional cost means the difference between the delivery cost chosen by the buyer and the cost of the cheapest normal delivery method offered by the seller. Payments will be refunded to the Buyer within 14 calendar days from the date on which the Seller’s notice of withdrawal is delivered to the Seller.
10.7. In the event that the buyer withdraws from the contract and delivers to the seller the goods that are in use (which does not include testing the goods) and are damaged or incomplete or the value of the goods in question is reduced as a result of such treatment beyond what is necessary the seller is entitled to damages in the amount of the value of repair of the goods and the restoration of the goods to their original state resp. the seller has the right to demand from the buyer a refund of the impairment of the goods and the buyer is notified of this fact. The Buyer is obliged to pay compensation to the Seller in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the contract.
10.8. The Seller undertakes to refund to the Buyer the price paid for the Goods in question (together with all payments received from or under the Contract, including shipping, delivery and shipping and other costs and charges) within 14 calendar days of delivery of the notice of withdrawal to the seller. The Seller shall not be obliged to return to the Buyer the price paid for the goods in question before the goods from the Buyer together with the accessories, including documentation, etc. were returned to the Buyer. delivered or until the buyer proves the shipment of goods together with accessories, including documentation, etc. back to the seller.
10.9 Upon withdrawal from the contract, the buyer shall bear the direct costs of returning the goods to the seller or a person authorized by the seller to take over the goods. Upon withdrawal, the Buyer shall bear the direct costs of returning the goods which, by their nature, cannot be returned by post. The buyer shall bear the cost of returning the goods only if the goods fully comply with the quality requirements and at the same time are not defective. The goods fully complying with the quality requirements are considered to be goods of the same or similar characteristics as stated in the offer of goods on the website of the seller and without any factual or legal defects.
10.10. If the Buyer fails to fulfill any of the above obligations in connection with the withdrawal from the Purchase Agreement pursuant to these GTC, the withdrawal is not valid and effective and the Seller is not obliged to return all demonstrable payments under these GTC to the Buyer and the cost of sending the goods back to the buyer.
10.11. The Buyer (Consumer) may not withdraw from the contract which is:
a) the provision of a service where its provision has been started with the express consent of the consumer and the consumer has declared that he has been duly instructed that, by expressing such consent, he loses the right of withdrawal after the service has been fully provided;
b) the sale of goods made to the specific requirements of the consumer, tailor-made goods or goods intended specifically for one consumer;
c) the sale of goods which are subject to rapid deterioration or perishability;
d) the sale of goods contained in a protective wrapper which it is not appropriate to return for health or hygiene reasons and whose protective wrapping has been broken after delivery;
e) the sale of phonograms, video recordings, audio-visual recordings, books or computer software sold in protective packaging, where the consumer has unwrapped the packaging;
f) the sale of books not supplied in protective cover;
g) the provision of electronic content other than on a tangible medium, where the provision of such content has started with the express consent of the consumer and the consumer has declared that he has been duly advised that he is losing his right of withdrawal.
11. Product reviews
11.1. The Seller reserves the right not to disclose reviews of products that contain inappropriate language, are false, unrelated to the product, link to external sites, or in any other way harm the seller’s business name or the name of third parties.
12. Gift Certificates
12.1. Gift vouchers (certificates) issued by the seller can be used to purchase goods on the website of the seller’s online store. Unless otherwise stated, a gift voucher can only be used to purchase goods, not for services, postage costs and other charges.
12.2 The value of the gift voucher is shown on each voucher as an amount including VAT, while the voucher acts as a discount on the total amount of ordered goods with VAT. The gift voucher can only be used in its entirety, within a single purchase, it cannot be redeemed in parts. The balance for the purchase of goods must be paid in financial form.
12.3. Gift vouchers cannot be redeemed for cash. If the buyer has the right to withdraw from the purchase contract for the purchase of goods for which the buyer paid a gift voucher, the buyer is entitled to a refund of the purchase price in the form of a gift voucher (by sending a gift voucher , if the purchase price was paid in part by the gift voucher, the procedure set out in the previous sentence may only be used in relation to that part of the purchase price.
12.4 Gift vouchers (certificates) and other discounts can be validly used only if the purchase contract is concluded through the website of the seller. In order to be able to use gift vouchers (certificates) and other discounts even in sales contracts concluded by other means of communication, there must be an explicit agreement between the seller and the buyer for each individually concluded purchase contract.
13. Special provisions concerning sales contracts concluded with a buyer who is an entrepreneur
13.1. The provisions of these GTC referred to in points 10.2, 10.3. and 10.9. shall not be used under a contract of sale concluded with a buyer who is an entrepreneur.
13.2. The Seller reserves the right not to enter into a Purchase Agreement with the Buyer who is an Entrepreneur in which the Purchase Price does not amount to at least € 500 (excl. VAT).
14. Final provisions
14.1. The Seller reserves the right to change these General Terms and Conditions. The obligation to notify the change in these General Terms and Conditions in writing is fulfilled by placing it on the website of the seller’s online store.
14.2. If the purchase contract is concluded in writing, any change to it must be in writing.
14.3. In case of doubt, the contracting parties agree that the period of use is considered to be the period from the delivery of goods to the buyer (including the date of delivery) until the date of return of the goods to the seller, respectively. handing over the goods to the courier for the purpose of its transport to the seller.
14.4. Communication between the seller and the buyer will be mainly in the form of e-mail messages, respectively. by letter-post items.
14.5. Relationships not regulated by these general terms and conditions are subject to the relevant provisions of the Civil Code, the Commercial Code (if the buyer is an entrepreneur), Act no. 22/2004 Coll. on e-commerce and on amendment of Act no. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments to Certain Acts, as amended by Act No. 284/2002 Coll. as amended and Act no. 102/2014 Z.z. on the protection of consumers in distance selling.
14.6. These GTC come into effect in the relationship between the Seller and the Buyer by sending an electronic order to the Buyer if the Buyer has agreed to them.
14.7. By agreeing to these GTC, the Buyer confirms that he has read these GTC and fully agrees with them.
In Trnava on 25.5.2018