General Terms and Conditions
of SPM MANUFAKTURA s.r.o., ID No.: 10898115, with its registered office at Nad Pomníkem 467/9, Hlubočepy, 152 00 Prague 5, registered in the Commercial Register kept by the Municipal Court in Prague, file No. C 350381,
for the sale of goods via the online shop located at www.gaen.cz.
CONTACT AND BANK DETAILS
1.1. e-shop operator:
SPM MANUFAKTURA s.r.o.,
Registered office: Nad Pomníkem 467/9, Hlubočepy, 152 00 Prague 5
registered in the Commercial Register, registered at the Municipal Court in Prague, file no. C 350381 (hereinafter referred to as "the Seller" or "we")
Telephone: +420 603 470 767
1.2 Complaints and returns, address of our warehouse:
Telephone: +420 603 470 767
1.2.1. Delivery via delivery services or in person at the branches of SPM MANUFAKTURA s.r.o., at Hlubočepská 1077/32, 152 00 Prague 5 or Za Mlýnem 1578, 687 25 Hluk. The customer is responsible for the delivery service at his/her own expense.
THE SCOPE OF VALIDITY AND APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
2.1 Choice of Law. These General Terms and Conditions of Sale (hereinafter referred to as "GTC") of the Seller regulate, in accordance with Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the parties arising in connection with or pursuant to a purchase contract (hereinafter referred to as "Purchase Contract") concluded between us and consumers or entrepreneurs (hereinafter referred to as "Customer" or "you") through our online store at www.gaen.cz.
2.2 International Element. If there is an international element, we agree that the legal relationship between us will be governed by the law of the Czech Republic, in particular the Civil Code. However, this choice of law in accordance with Article 3 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations ("Rome I") shall not deprive the customer of the protection afforded by the provisions of the law of the country of his habitual residence pursuant to Article 6(2) of Rome I.
2.3 E-shop. The online shop is operated by us on a website located at www.gaen.cz (the "Website").
2.4 Who is considered a consumer. Any natural person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, concludes a purchase contract with us or otherwise legally deals with the Seller (hereinafter referred to as "Consumer") is considered a Consumer.
Who is considered an entrepreneur. An entrepreneur is any natural person or legal entity (e.g. a company, cooperative, institute) which carries on a gainful activity independently on its own account and responsibility on the basis of a trade licence or otherwise, with the intention of engaging in that activity on a regular basis with a view to making a profit (hereinafter referred to as "entrepreneurial activity"). This person concludes a purchase contract with the Seller or otherwise legally deals with the Seller in the course of his business activity (hereinafter referred to as the "entrepreneur"). We follow the principle that the provisions of these GTC applicable to entrepreneurs apply to the customer who provides his/her business identification number and, if applicable, VAT number.
2.6 Familiarity with and acceptance of the GTC. By submitting an order (button "Complete Order ") you confirm that you have read the GTC, including the disclosures to customers before entering into a purchase contract under these GTC and expressly agree to them in their valid and effective version at the time of this confirmation.
DISCLOSURES TO CUSTOMERS PRIOR TO ENTERING INTO A PURCHASE CONTRACT
3.1 Seller's Authorizations and Controlling Authorities. The Seller is authorized to sell the Goods under a business license. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
Illustrative nature of the photographs of the goods. All photographs and displays of goods on the website are for illustrative purposes only.
3.3 Goods, price, cost. The goods offered by us on the Website and a description of their main features is available for the respective goods. The prices of the goods are inclusive of VAT and statutory charges. The amount of shipping charges and the price for special type of packaging are not included. We do not charge any additional costs for telecommunications (e.g. if you call us on our telephone number, you will only pay your normal telephone call rate).
3.4 Payment and Shipping Options. The specific terms of payment methods and shipping options are described in more detail during the order itself and also in Sections 7 and 9 of these GTC. We will deliver the goods to you via the carrier you choose from the options offered by us.
3.5 Order Binding. By submitting an order by pressing the "Complete Order" button in our online shop, the customer creates a binding order, which binds the customer to payment. The Customer has the opportunity to review and correct or modify his order before submitting it, as described in more detail in Section 6 of these GTC.
. Customer's rights from defective performance. The Customer's rights under defective performance or warranty and the conditions for exercising them are described in Section 11 of these GTC or in our Complaints Procedure.
COMMUNICATION TO CONSUMERS BEFORE THE CONCLUSION OF THE PURCHASE CONTRACT
4.1 Right of withdrawal from the purchase contract. The consumer customer has the right to withdraw from the purchase contract without giving reasons (unless otherwise stated) within a period of 14 days, which starts at the latest:
4.1.1. in the case of a purchase contract, from the date of receipt of the goods; or
4.1.2. in the case of a contract of sale with delivery in several instalments, from the date of receipt of the last delivery of the goods; or
4.1.3. in the case of a contract of sale subject to regular recurring deliveries, from the date of acceptance of the first delivery of the goods;
provided that the consumer has the right to withdraw from the contract of sale before the time specified in Articles 4.1.1 to 4.1.3 by notifying us of his intention to withdraw from the contract of sale by completing and returning the withdrawal form (ideally together with the returned goods) or by emailing us at email@example.com.
When it is not possible to withdraw from the purchase contract. The customer is not entitled to withdraw from the following contracts:
4.2.1. for the supply of goods that have been modified or created or adapted at the customer's request or for the customer's person (manufacture of goods on request);
4.2.2. for the delivery of goods, the price of which depends on the fluctuations of the financial markets independent of our will, which may occur during the withdrawal period;
4.2.3. the delivery of perishable goods and goods which have been irreversibly mixed with other goods after delivery;
4.2.4. the delivery of goods in sealed packaging which the customer has removed from the packaging and which cannot be returned for hygienic reasons, including audio or visual recordings and computer programs if the customer has damaged their original packaging;
4.2.5. on transport, on a specific date or during a specific time;
4.2.6. on the provision of services which we have fully performed with the prior express consent of the consumer before the expiry of the withdrawal period.
Obligation of the consumer when withdrawing from the purchase contract. If the consumer withdraws from the purchase contract, he is obliged to send us back the goods acquired on the basis of the purchase contract he has withdrawn from within 14 days from the moment of withdrawal from the purchase contract. The customer is obliged to send back or return the goods complete, i.e. including all supplied accessories, all documentation and, if possible, the original packaging, in the condition and value in which they were received.
4.4 Return the goods to our warehouse address. You may send the goods to the Seller's addresses listed in Article 1.2.1. If you choose to use this method of returning the goods when you withdraw from the Purchase Contract, then you will pay the cost of returning the goods yourself.
4.5 Reduction of the value of the goods. In the event of withdrawal from the Purchase Contract, you shall be liable for any diminution in the value of the returned goods or returned goods which is caused by handling the goods in a manner other than that necessary to familiarise yourself with the nature and characteristics of the goods. If damaged or incomplete goods are returned to us, we will set off our claim for damages against the purchase price you claim back. We will always assess the specific case to determine the extent of damage, deterioration of the goods and determine the corresponding reduced value. We will inform you of these steps at the email address provided or by telephone.
Refund of the purchase price. In the event of withdrawal from the purchase contract within the withdrawal period, we are obliged to refund the customer all money including the cost of shipping the goods in the amount corresponding to the cheapest type of shipping offered by us, to the bank account specified by you, no later than 14 days after withdrawal from the purchase contract. Please note that we are only entitled to refund your money when we receive the returned goods back from you.
4.7 Complaints. We deal with customer complaints out of court via email firstname.lastname@example.org and telephone +420 603 470 767
4.8 Out-of-court dispute resolution. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 00020869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of customer disputes arising from the Purchase Agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the customer under the purchase contract.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution).
4.10 Review. If we allow the posting of reviews of products, we will be obliged to verify that the customer has actually purchased the goods from us. In this case, further information will be provided on our website.
PREREQUISITES FOR ACCEPTING AN ORDER
5.1 Filling in the details. As part of the order process, the customer is required to fill in the information necessary for the order and delivery of the goods. Before confirming the order, the customer confirms that he/she agrees to these General Terms and Conditions and has read the policy for the processing of personal data.
ORDER AND CONCLUSION OF THE PURCHASE CONTRACT
6.1 Pricing of Goods. The prices of the Goods remain valid for as long as they are displayed in the web interface of the Shop. This does not limit our ability to conclude a purchase contract on individually agreed terms.
Translated with www.DeepL.com/Translator (free version)
Components of the purchase price. Together with the purchase price, the customer is also obliged to pay us any costs associated with the packaging and delivery of the goods in the agreed amount, as well as any fee for the chosen payment method. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods. Before the binding completion of the order, the customer will be informed of the final price including the costs of packaging and shipping.
6.3 Shipping costs. Our website also contains information on the costs associated with the delivery of the goods, in the section "Shipping and Payment". The amount of the shipping costs will depend mainly on the chosen carrier, the method of transport.
6.4 Customization of the goods. For some of the goods on our e-shop we offer the possibility of customization according to your request, according to your wishes. If necessary, we will agree with you a graphic design of the goods, usually via your e-mail. Please note that these will be customized goods and it will not be possible to withdraw from the purchase contract within 14 days of delivery.
Translated with www.DeepL.com/Translator (free version)
. Order process. To order goods, the customer fills in the order form in the web interface of the shop (puts the goods "in the basket", chooses the method of payment of the purchase price of the goods, provides the delivery address and other necessary contact details, chooses the desired method of delivery of the ordered goods and obtains information about the costs associated with delivery or the chosen packaging of the goods). This is a binding order for goods binding payment (hereinafter referred to as "order"). By sending the order, the customer confirms that he/she has agreed to these General Terms and Conditions and has read our personal data processing policy.
6.6 The process of sending an order. Before completing the order, the customer is allowed to check and modify the data that the customer has entered in the order, including with regard to the customer's ability to detect and correct errors that have occurred during the entry of data in the order. The order is dispatched by clicking on the "Complete Order" button and the order process is thereby completed. The information provided in the order is considered correct by the Seller. If, during the processing of the order, it is found that obviously false or incomplete data has been used, we may reject the order, of which you will be notified by e-mail. The customer may be held liable for any damage caused by providing deliberately false or incorrect information. The customer acknowledges that some goods may not be produced or dispatched to the customer until the purchase price has been paid in full.
Translated with www.DeepL.com/Translator (free version)
. Product features. The customer is obliged to familiarize himself with the characteristics, type and recommended use of the goods before completing the order. By placing an order, the customer confirms that he/she has read and understands this information.
6.8 Additional order confirmation. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is entitled to ask the Customer for additional confirmation of the order (for example, in writing or by telephone) and is also entitled to ask the Customer to clarify the correctness of the selection of the goods.
6.9 The moment of conclusion of the purchase contract and order confirmation. The customer who completes the order receives an automatic confirmation of the order delivery from us to the customer's e-mail address specified in the order or in another of our forms (hereinafter referred to as the "customer's e-mail address"). The conclusion of the purchase contract occurs at the moment of pressing the "Complete Order" button, which is notified to the customer by means of the order confirmation.
6.10 Obligations of the Seller and the Buyer. By entering into the Purchase Contract, we undertake (subject to the exceptions set out above) to hand over the purchased goods to you and to enable you to acquire title to the goods and you undertake to accept the goods and to pay us the price of the goods.
Means of remote communication. The customer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the customer in using the means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the customer, and these costs shall not differ from the basic rate.
PRICE OF THE GOODS AND METHOD OF PAYMENT
7.1 Price. All prices of the goods are quoted in Czech crowns (CZK) and are inclusive of VAT.
7.2 Method of payment. You may pay us the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Agreement:
by wire transfer,
by credit card online,
cash on delivery with selected carriers.
The customer chooses the method of payment for the goods during the order process.
Deposit on the price of the goods. We may require the customer to make a deposit or other similar payment.
7.4 Discounts on the price of the goods. Any discounts on the price of the Goods given by us to customers cannot be combined with each other.
7.5 Unrealistic price of goods. In the event that an unrealistic price is displayed, e.g. 0 CZK (in words: zero Czech crowns) or a highly non-marketable price is displayed, where a non-marketable price is considered to be a price that is below our purchase price, we reserve the right to remove this item from the order. The customer will be informed of this fact to the customer's e-mail address.
7.6 Form of Invoice. We agree that invoices will be sent electronically, to the customer's email address provided in the order.
RETENTION OF TITLE
8.1 Full payment of the purchase price. We reserve title to the Goods to the Customer until the purchase price has been paid in full in accordance with the relevant Purchase Agreement.
8.2 Reservation against business customers. For business customers, we reserve title to the goods until all claims we have against you have been paid. The customer must handle the goods subject to retention of title with due care and insure them sufficiently, at their expense, for damage to the value of new goods.
THE DELIVERY OF THE GOODS, DAMAGE CAUSED TO THE SELLER AND ANY DAMAGE CAUSED DURING TRANSPORT OF THE GOODS
9.1 Transport, personal collection. At the Customer's option, the goods shall be sent to the Customer via the carrier chosen by the Customer during the order process from the options offered by us or by personal collection from the options offered by us.
9.2 Delivery time. If the Goods are stated to be in stock, then we undertake to deliver the Goods within 15 working days of the order being placed. This delivery time does not apply to goods that will be modified at the customer's request (we will inform you of the length of the delivery time) or that are yet to be manufactured. Sometimes it may happen that goods marked "in stock" are sold out in a short period of time. Should a situation arise where we run out of goods and are unable to deliver the goods you have ordered within the time specified, then we will contact you to agree on the next course of action. Despite the stated delivery time, we always try to prepare and deliver the order to the customer as soon as possible.
9.3. Převzetí zboží. Při přepravě zboží zákazníkovi spotřebiteli je námi zboží předáno v okamžiku, kdy dopravce předá zboží zákazníkovi na místě předání (zpravidla první dveře/vrata/brána v místě dodání určené zákazníkem). Právě okamžikem převzetí zboží zákazníkem přechází na zákazníka nebezpečí škody a nahodilého zhoršení kvality zakoupeného zboží. Pokud měl zákazník zboží od dopravce převzít, přechází nebezpečí nahodilého zničení a nahodilého zhoršení kvality zakoupeného zboží na zákazníka v okamžiku, kdy mu bylo umožněno se zbožím disponovat, ne však dříve než v udanou dobu doručení. V případě osobního vyzvednutí si zboží zákazníkem se považuje zboží za dodané okamžikem převzetí zákazníkem či jinou osobou zákazníkem určenou.
9.4. Náklady na zvláštní způsob přepravy. V případě, že je způsob dopravy smluven na základě zvláštního požadavku zákazníka, nese zákazník riziko a případné dodatečné náklady spojené s tímto způsobem dopravy.
9.5. Opakované doručení a náklady s tím spojené. V případě, že je z důvodů na straně zákazníka nutné zboží doručovat opakovaně nebo jiným způsobem, než bylo určeno v objednávce, je zákazník povinen uhradit náklady spojené s opakovaným doručováním zboží, resp. náklady spojené s jiným způsobem doručení.
Receipt of goods. When goods are transported by us to a consumer, the goods are handed over to us when the carrier hands over the goods to the customer at the point of handover (usually the first door/gate/gate at the delivery point designated by the customer). It is at the moment of receipt of the goods by the customer that the risk of damage and accidental deterioration of the purchased goods passes to the customer. If the customer should have taken over the goods from the carrier, the risk of accidental damage and accidental deterioration of the purchased goods passes to the customer at the moment he is allowed to dispose of the goods, but not before the stated delivery time. In the case of personal collection of the goods by the customer, the goods shall be deemed to have been delivered at the moment of receipt by the customer or another person designated by the customer.
9.4 Costs of special mode of carriage. In the event that a method of transport is agreed upon at the customer's special request, the customer bears the risk and any additional costs associated with that method of transport.
9.5 Re-delivery and costs associated with it. In the event that, for reasons on the part of the customer, it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the customer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
Damage that may be incurred by the seller by not taking delivery of the goods. If the customer consumer does not take over the goods when they are delivered by the carrier, the goods are subsequently returned to the Seller and at the same time the customer consumer does not withdraw from the purchase contract within 14 days of the unsuccessful delivery of the goods, the Seller is entitled to claim from the customer the costs charged by the carrier for the delivery of the goods back to the Seller. This cost constitutes damage to the seller which has been caused by the breach of the customer's legal obligations within the meaning of Section 2913(1) of the Civil Code. The Seller is also entitled to charge a fee for storage of the goods in the amount of 100,- CZK (in words: one hundred Czech crowns) and the Seller is also entitled to withdraw from the purchase contract.
9.7 Non-acceptance of goods in relation to the entrepreneur. If the entrepreneur customer does not take delivery of the goods when they are delivered by the carrier, the goods are subsequently returned to us as the seller, we are entitled to claim from the entrepreneur customer the costs charged by the carrier for delivery of the goods back to our address. This cost constitutes damage for the seller which has been caused by the breach of the legal obligations of the customer-entrepreneur within the meaning of Section 2913 (1) of the Civil Code. The seller is also entitled to charge a storage fee of CZK 100,- (in words: one hundred Czech crowns) and is also entitled to withdraw from the purchase contract.
Possibility of offsetting claims. We are entitled to unilaterally set off the claim for payment of the costs of storage of the goods and the claim for compensation for damages for breach of the customer's legal obligations under this part of the GTC against the customer's claim for refund of the purchase price in accordance with § 2913 of the Civil Code.
9.9 Obligations of the customer upon receipt of the goods. The customer is obliged to inspect the goods upon receipt and to ascertain their characteristics (in particular whether the customer has received the correct type of goods, whether the goods are of the agreed quality, whether the goods contain everything in their packaging that the instructions say they should contain). In case of visible damage to the consignment by the carrier, the customer is obliged not to accept such consignment from the carrier at all. We shall not be liable for any damage caused by the carrier or late delivery of the goods, whatever the reason for the delay.
9.10 Defect Rights. The rights of customers in the event of exercising the right of defects shall be governed by our Complaints Procedure and by the relevant provisions of Czech law, in particular the Civil Code.
WITHDRAWAL FROM THE PURCHASE CONTRACT
10.1 The consumer has the right to withdraw from the purchase contract within 14 days of receipt of the goods. The consumer's right to withdraw from the purchase contract is governed by Part 4 of these GTC.
10.2 The right of withdrawal is only available to consumers. Business customers have the right to withdraw from the purchase contract as permitted by the relevant legislation. A business customer does not have the right to withdraw from the purchase contract without giving any reason within 14 days of delivery of the goods, this right belongs only to the consumer. Provided that the customer entrepreneur returns the goods to us, and if this is not an exercise of the right of defects under the Civil Code, we are entitled to charge the storage costs of these goods in accordance with clauses 9.7 and 9.8 of these GTC and we will also invite the customer entrepreneur to take back these goods.
10.3 Out of Stock Procedure. We shall be entitled to withdraw from the Purchase Contract due to out of stock of the goods or due to unavailability of the ordered goods. Furthermore, we may withdraw from the purchase contract in particular if the customer has not paid the purchase price properly and on time or has refused to accept the goods.
RIGHTS FROM DEFECTIVE PERFORMANCE
Odkaz na občanský zákoník. Práva a povinnosti smluvních stran ohledně práv z vadného plnění se řídí příslušnými obecně závaznými právními předpisy (zejména § 1914 až 1925, § 2099 až 2117 a § 2161 až 2174 občanského zákoníku).
11.2. Uplatnění reklamace. Veškeré reklamace se uplatňují telefonicky na +420 603 470 767 nebo e-mailem: email@example.com. V rámci reklamace budete vyzváni k doložení příslušné dokumentace nutné k posouzení Vaší reklamace. Reklamační pravidla uvedená níže jsou určená pouze pro spotřebitele.
11.3. Kupující, který je spotřebitelem, je oprávněn uplatnit právo z vady, která se vyskytne u spotřebního zboží v době dvaceti čtyř měsíců od převzetí.
11.4. Kupující je povinen oznámit vadu prodávajícímu vždy bez zbytečného odkladu poté, co jí mohl při včasné prohlídce a dostatečné péči zjistit.
11.5. Prodávající vyřídí reklamace nejpozději do 30 dnů ode dne, kdy získal od kupujícího potřebné podklady pro posouzení reklamace.
11.6. K mimosoudnímu řešení spotřebitelských sporů z kupní smlouvy je příslušná Česká obchodní inspekce, se sídlem Štěpánská 796/44, 110 00 Praha 1, IČO: 000 20 869, přičemž bližší podmínky a způsob řešení jsou uvedeny na webu: www.coi.cz.
12.1 Principles of personal data processing. The protection of our customers' personal data is very important to us. The rules for handling personal data and the rules for sending commercial communications are regulated in our personal data processing policy.
12.2 Business Communications. We may send commercial communications to customers offering related goods or services to the customer's email address (commercial communications to customers). The email address is personal data and is processed in accordance with Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons 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) for the purpose of sending commercial communications based on our legitimate interest to promote our similar products and services. The customer may unsubscribe from receiving commercial communications at any time.
FINAL PROVISIONS, INCLUDING APPLICABLE LAW AND JURISDICTION
Commitment to respect consumer rights. In the event of any unintentional conflict between the provisions of these GTC and statutory provisions for the protection of consumers, these provisions shall prevail and the Seller undertakes to comply with them.
13.2 Invalid or ineffective provisions of the GTC. If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
13.3 Exclusion of the Vienna Convention. The Parties agree to expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, or the Vienna Convention, in accordance with Article 6 of that Convention.
13.4 Disputes and Jurisdiction. The Parties further agree that the courts of the Czech Republic, locally designated according to our registered office, shall always have jurisdiction to settle any disputes arising from the Purchase Contract where an international element is present. This is without prejudice to the rights of customers under special legislation. The contractual language is Czech.
13.5 Archiving of the Purchase Agreement. The Purchase Agreement as amended by the GTC is archived by us in electronic form and is not accessible to third parties.
Withdrawal form. A sample form for withdrawal from the purchase contract is an integral part of these GTC.
13.7. The provisions of the GTC are an integral part of the purchase contract. Provisions deviating from the GTC may be agreed in the purchase contract. The deviating provisions in the Purchase Contract take precedence over the provisions of the GTC.
13.8 Necessity of acceptance of the GTC for the conclusion of the purchase contract. Acceptance of these GTC is voluntary, but the creation of an order by the customer is necessary.
13.9 Validity of the GTC. These GTC are valid from 15 May 2023.