Terms of business
The company Gizmania s.r.o., with registered office at Bubenské nábřeží 306/13, Hall no. 11, 170 00 Praha 7 - Holešovice, ID No.: 24208230, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 188745 (hereinafter referred to as the "Seller") hereby publishes its terms and conditions (hereinafter referred to as the "T&C"), which apply to the purchase of goods offered by the Seller in its online store - e-shop on the website https://www.gizmania.eu/ (hereinafter referred to as the "Site").
These T&Cs shall also apply mutatis mutandis to the purchase of goods in the Seller's stores, if the nature of the relationship corresponds to this - in particular, to the regulation of liability for defects - claims.
I. GENERAL PROVISIONS
By placing an order, the Buyer accepts these Seller's T&Cs to regulate the mutual rights and obligations of the parties in the relationship arising from the sale of Goods by the Seller. The relationship between the Buyer and the Seller shall be governed by these OPs, which are binding on both parties, unless otherwise expressly provided for in the concluded contract. The OPs define the rights and obligations of the Seller and its customers (buyers) and in their current wording form the content of the purchase contract (for the supply of goods), or are an integral part thereof. The rights and obligations not expressly governed by these POs are governed by the provisions of the relevant legislation, in particular the Civil Code (Act No. 89/2012 Coll.) as amended.
II. INFORMATION OBLIGATION
The Seller hereby informs the Purchaser and the Purchaser, by placing an order, confirms that they have been and are informed by the Seller of the following:
(i) the identity of the Seller: The Seller is Gizmania s.r.o., with registered office at Bubenské nábřeží 306/13, Hall No. 11, 170 00 Prague 7 - Holešovice, ID No.: 24208230, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 188745.
(ii) designation of the goods or services (hereinafter referred to as "Goods") and description of their main features: is indicated on the Site individually for each Goods, or by a link - prolink to other websites (manufacturer/distributor, etc.),
(iii) the price of the Goods, including all taxes, fees and other similar monetary benefits: it is always indicated for each individual Good and is final and the Seller is not entitled to increase it unilaterally in any way; if the nature of the Goods does not allow to reasonably determine this price in advance, the specific method of its calculation is always indicated for the Goods,
(iv) the method of payment (including any obligation to pay deposits): it is always indicated with the Buyer's choice for each Goods, the choice of the offered methods of payment for the Goods is up to the Buyer and the chosen method of payment cannot be subsequently changed without the Seller's consent,
(v) the method of delivery or performance of the Goods: is always indicated with the Buyer's choice for the individual Goods, the choice of the delivery/shipping methods offered is up to the Buyer and the chosen method of delivery cannot be subsequently changed without the Seller's consent,
(vi) the time of delivery or fulfilment of the Goods: the offer of the Goods on the Site indicates whether the Goods are available
(vii) the cost of delivery of the Goods: these are always stated for each method of delivery of the Goods, by choosing the method of delivery of the Goods the Buyer also chooses and agrees to the relevant cost - the price to be paid for delivery of the Goods,
(viii) information on the existence of rights of defective performance, where applicable, also on the quality guarantee, after-sales service and their conditions: the Buyer has rights of defective performance and the Seller provides service under the conditions as set out further in these OPs, in particular in Article X of these OPs,
(ix) that the Seller stores in digital and protected form the contents of orders leading to the conclusion of the contract for the supply of Goods with the Buyer, including personal and other data provided by the Buyer, and uses up-to-date technical measures corresponding to the usual technical systems and security currently in use to protect them; the Buyer is entitled at any time to request the disclosure of the technical means currently in use and the Seller shall disclose these to the Buyer on request to the extent sufficient to inform the Buyer and without compromising the Seller's trade secrets and other confidential information,
(x) that the digital content of orders and other data, if any, held by the Seller is compatible with (and usable by) the digital content currently in common use
(i) hardware, i.e., personal computers on Apple's PC and Mac platforms; and
(ii) software - commonly used office systems, i.e. in particular the Microsoft Office office suite - currently in use (in particular word, excel etc.), Acrobat reader (in particular PDF format), common web/internet formats (html format). In accordance with the relevant legal provisions, the Seller communicates the above formats and names in an attempt to make the communication understandable in a commonly used form,
(xi) the cost of means of distance communication, whereby no other costs, charges, etc. are associated with the use/use of the Site, except for the necessary internet connection charges, which shall be borne by the Buyer depending on the internet connection service used by him,
(xii) of the possibility of withdrawal, whereby the Buyer has the right to withdraw from the contract for the purchase of the Goods without giving any reason, within 60 days from the date of receipt of the Goods (the last part thereof), as set out further in Article IX of these GTC,
(xiii) that the Buyer is entitled to send complaints to the Seller by any form of communication used by the Seller and in any matter and the Seller will deal with them and will do its best to resolve them, the Seller may also use an automated communication system to deal with the complaint; the Buyer may also address the complaint to the supervisory or state supervision authority, which is (a) the Czech Trade Inspection Authority (www. coi.cz) - for consumer protection, (b) the Trade Licensing Authority (www.statnisprava.cz) - supervision of compliance with trade and service obligations, (c) the Office for Personal Data Protection (www.uoou.cz) - protection of personal data; in the event that the parties fail to agree on an amicable resolution of their disputes, either of them may apply to the competent court,
(xiv) that the order, or the resulting purchase contract, will be stored with the Seller and the Seller will allow the Buyer access to it upon request, and that no later than the time of delivery of the Goods, the Seller will send/export to the Buyer to his/her e-mail according to the order a confirmation of the concluded purchase contract corresponding to the order of the Goods made by the Buyer
(xv) that the order and other steps leading to the conclusion of the contract and the Site such are in the Czech language,
(xvi) that the conclusion of the Contract is effected by completing the necessary details - ordering the Goods through the Site, i.e. by completing the necessary details within the order/e-shop form and confirming/ordering the Goods on the Site by confirming/clicking the Buy Now button,
(xvii) in the event that any errors are detected during data entry prior to the Buyer confirming/submitting the order, these may be corrected in the same manner in which the relevant data was entered,
(xviii)) that the Buyer is entitled to download the text of these T&Cs from the Site in text form in addition to the order for the Goods/ contract for the purchase thereof,
(xix) in the event that for any reason (mistake, etc.) the provisions of these OPs deviate from the statutory provisions for the protection of buyers - consumers, then they shall be disregarded; this also applies in the event that the buyer waives a special right granted to him by law,
(xx) that the Seller ensures that reviews come from the Buyer by ensuring that reviews of products are only posted from Buyers who have actually purchased the Goods in question (have a delivered or collected order); only reviews from the Buyer from the contact email address provided in the delivered/collected order for the Goods are included, for Goods so delivered, or from a Buyer logged in under a customer account at www. gizmania.cz, and also only with regard to the Goods purchased by him; the verification of the above facts is carried out by an automated system,
(xxi) The Seller may provide recommendations/recommended Goods on the Sites based on a recalculation algorithm that takes into account the sales season, the date the Goods go on sale, the current stock availability of the Goods, the number of Goods ordered, the rating of the Goods, the number of times the Goods are displayed on the Sites, the assignment of the Goods to product sub-categories within the Seller's catalogue, price margins and partner marketing promotions; the relative weighting of each category is the same, but with a possible variation of +/- 20% for each category; the Seller is entitled to modify the above categories without publishing them here; upon the Buyer's request, the Seller will disclose the specific categories used and their weighting.
III. SUBJECT OF THE CONTRACT AND ITS CONCLUSION
3.1 The Buyer shall have the opportunity to purchase the Goods offered by the Seller through the e-shop on the Site, i.e. to enter into a purchase contract with the Seller for the purchase of the Goods (hereinafter also referred to as the "Contract").
3.2 The purchase of Goods through the Site is offered by the Seller as part of its retail business and is not intended for the sale of Goods for resale within the Buyer's business. In the event that the Buyer wishes to purchase Goods for the purpose of carrying out its business - economic activity, it must contact the distribution company Scoot Trade s.r.o., which is a subsidiary of Gizmania s.r.o.
3.3 The conclusion of the Contract between the Buyer and the Seller shall take place by filling in the necessary data concerning the specification of the Goods (specification of the Goods, size, colour design, etc.), specification of the method of payment for the Goods, specification of the method of delivery of the Goods, specification of the Buyer and, if applicable, other necessary data according to the current order form/contract conclusion. The Buyer shall be obliged and also entitled to check the completed details before final dispatch/confirmation of the order of Goods and to correct/amend the completed details in the same manner in which the details were entered. Once the order has been confirmed/submitted, which occurs when the Buyer confirms/clicks on the Buy Now button, the data cannot be changed and the order is binding and the Contract has been concluded, except as set out below.
3.4 Depending on the nature of the transaction, which is not usual (quantity of Goods, price amount, shipping costs, distances, etc.), the Seller is entitled to ask the Buyer to authorise/confirm the order in another appropriate way (in addition to confirming it on the Site), e.g. by telephone or in writing. If the Buyer refuses to authorise the order in the requested manner, the order shall be deemed not to have been placed and the purchase contract shall be deemed not to have been concluded.
3.5 In the event that the Buyer fails to pay the Purchase Price in accordance with the order/concluded Contract, the Goods will not be delivered by the Seller and the Contract/order will be cancelled.
3.6 The Seller also allows, in justified cases, the conclusion of the Contract by means of distance communication other than through the Site, i.e. in particular by e-mail communication with the Seller or by telephone, etc. In this case, the Contract is only concluded when:
(i) the Buyer receives from the Seller, by means of distance communication (in particular email correspondence), a summary of all material particulars of the Contract, i.e. the specification of the Goods, the price, the method of delivery of the Goods, the cost of delivery of the Goods, the method of payment, etc., and at the same time
(ii) the Buyer does not refuse within 12 hours of receipt of the above summary of the Contract by email via the contact form, quoting any order number or other details specified by the Seller to identify the order.
3.7 The Seller shall not be liable for the Buyer's failure to receive relevant electronic communications or, as the case may be, the Goods ordered, where delivery has been made to the addresses provided by the Buyer but the relevant addresses are (only/such) the right of a third party to take delivery or refuse delivery etc. The Seller is neither able nor entitled to ascertain and check the accuracy of the data provided by the Buyer when ordering the Goods. The Buyer is responsible for the accuracy and correctness of the data filled in and bears all risks associated with the data entered when ordering the Goods.
3.8 The Seller shall be entitled to use technical/digital means to protect against automatic (not human) completion of order forms.
3.9 The conclusion of the Contract between the Seller and the Buyer shall be based on the proper/correct completion of the order form in all mandatory data (the completion of optional data is at the will of the Buyer) on the Site and the final confirmation/submission of the order by the Buyer, which occurs by confirming/clicking on the [Buy Now] button, the Seller shall confirm to the Buyer via means of remote communication the acceptance of the order (in particular via email message to the address provided by the Buyer).
3.10 The subject of purchase/sale under the Contract are only the items of Goods expressly specified in the Order/Contract, unless otherwise agreed between the Buyer and the Seller.
3.11 The Buyer acknowledges that with regard to making purchases through the Site (and also in the Stores) and updating the relevant details on the Site, it may be that the Goods ordered by the Buyer are already sold out (although they are still listed as available on the Site). In this case, the Seller will inform the Buyer of this fact without delay after becoming aware of it. If the parties fail to agree otherwise (to extend the order deadline or otherwise change the order) within 2 days, the Contract shall terminate and neither party shall be entitled to demand any refunds, etc.
3.12 The Seller undertakes by the Contract to supply to the Purchaser:
- faultless Goods in accordance with the specification set out on the Site in the description of the Goods or in the order for the Goods or with the characteristics usual for the type of Goods
- conforming to all standards, rules and regulations applicable in the Czech Republic,
- equipped with Czech operating instructions and repair lists, if customary for the type of Goods,
- the tax document (invoice) is physically inserted in the delivered package with the Goods in paper form and/or is sent electronically to the e-mail from which the order was placed.
3.13 Upon the Buyer's request, the Seller shall issue the Buyer with a receipt for the purchase of the Goods showing the date of sale, a description of the Goods, the price of the Goods, the place of delivery, the date of delivery, together with the Seller's identification details. The Seller shall also comply with this by sending a copy of the order for the Goods. At the same time, the Seller shall deliver to the Buyer, no later than the time of delivery of the Goods to the e-mail address specified in the Buyer's order, a confirmation of the concluded purchase contract corresponding to the Goods order made by the Buyer.
3.14 The Buyer has the possibility to withdraw from the already concluded Contract (cancel or change the order) in case he notifies the Seller of this fact by filling in the contact form here or on the Contacts page within 2 hours from the conclusion of the Contract (confirmation of the order made) or by the delivery of the order to the packing line.
IV. PLACE OF FULFILLMENT/Delivery
4.1 The place of performance - delivery of the Goods shall be the place specified by the Buyer in the Order/Contract. The Seller delivers to all delivery addresses in the Czech Republic and SK.
4.2 The Goods are delivered from the Seller's warehouse or selected stores. Gizmania s.r.o., Bubenské nábřeží 306/13, Hall No. 11, 170 00 Prague 7 - Holešovice.
4.3 The contact point within the e-shop is the Seller's customer centre at Gizmania s.r.o., Bubenské nábřeží 306/13, Hall No. 11, 170 00 Praha 7 - Holešovice.
4.4 The ownership of the Goods shall pass to the Buyer upon delivery of the Goods to the address indicated by the Buyer (regardless of who took delivery of the Goods).
4.5 Where the Buyer orders the Goods for a third party (a contract for the benefit of a third party), the third party acquires title to the Goods on receipt (and becomes the purchaser of the Goods with all rights and obligations). If the third party rejects the Goods, the Buyer acquires the rights to the Goods and the Contract continues to apply between the Buyer and the Seller. If the Buyer sells the Goods to a third party, the third party does not acquire any rights against the Seller.
4.6 The Buyer is advised to inspect and examine the Goods properly and thoroughly on receipt. In the event that the Buyer finds a defect in the Goods, or finds any other inconsistency with the order, the Buyer is requested to notify the Seller immediately in the manner set out below for claiming defects in the Goods (claims).
4.7 Personal collection: the Seller may allow personal collection of the Goods at selected Seller's stores; this will be indicated on the Site within the order form as an option for personal collection. For personal collection of the Goods, the Buyer will receive a text message informing them of the possibility to collect the order.
5.1 The purchase prices of the Goods listed on the Site are valid at the time of ordering the Goods/completion of the Contract, which occurs by confirming/clicking the [Buy Now] button. The Seller reserves the right to change the prices prior to the conclusion of the Contract, i.e. also during the search for Goods on the Site, even if the Goods are placed in the shopping cart, etc., the final price of the Goods is always clearly indicated prior to the confirmation/click of the [Buy Now] button.
5.2 In the event of a typographical error in the price of the Goods, the Goods shall be sold at the error-free price if it was obvious and in the event of a non-obvious but demonstrable typographical error, the Contract shall not be concluded.
5.3 The Purchase Price shall be deemed to have been paid, with respect to the choice of payment method, only upon credit of the full Purchase Price for the Goods to the Seller's account, or by payment in cash at the Seller's cash desk, or to the shipping company in the case of payment on delivery.
5.4 The Purchase Price stated on the Sites within the Order and the concluded Contract is the final price for the purchase of the Goods (the price for (i) delivery and (ii) method of payment is stated separately), including all taxes, fees, etc., unless otherwise expressly stated on the Sites and within the Order/Contract (price for specific packaging, etc.).
5.5 The Seller shall not be obliged, but shall be entitled, to deliver to the Buyer an invoice or other document relating to the Price (and payment thereof). The Order/Contract shall be the evidence of the amount of the Price and the obligation to pay it agreed between the Seller and the Buyer.
5.6 The date of the taxable supply shall be deemed to be the date of delivery of the Goods, unless otherwise provided by applicable law.
5.7 The Buyer shall pay the Purchase Price in the manner chosen by the Buyer, including the price for the method of delivery of the Goods chosen by the Buyer and the price for the method of payment chosen by the Buyer.
VI. DELIVERY TIMES
6.1 The Seller shall deliver the Goods within the time period specified on the Site, Delivery section.
6.2 The Goods shall be delivered by the delivery method selected by the Buyer, provided that the Goods shall be handed over to and delivered by the selected carrier (delivery method) within the time period specified on the Site. The final time for delivery of the Goods depends on the Buyer's chosen delivery method. The time limit for delivery of the Goods may be determined by a certain interval. The specific delivery time will be communicated to the Buyer by the chosen carrier.
6.3 Unless the delivery period is specifically stated for the Goods, it shall be 30 days from the date of dispatch of the order/contract and payment of the agreed price of the Goods including the cost of transport and means of payment. In the case of a time limit specified by days, these are working days unless otherwise stated.
6.4 The time limit for delivery of the Goods shall commence from the date of placing the order/closing the Contract and, in the case of an election to pay the price for delivery of the Goods by means other than collection of the Goods, from the time of payment of the price for delivery of the Goods.
6.5 The time limit for delivery of the Goods may be extended in proportion to the circumstances if the delay is due to force majeure or circumstances not caused by the Seller, but the maximum time limit for delivery shall be 30 days.
6.6 If the Seller is unable to deliver the Goods within the specified period, the Seller shall notify the Buyer without undue delay. If the parties fail to agree otherwise within five (5) days (to extend the date of delivery of the Goods or otherwise change the order), the Buyer may withdraw from the Contract and neither party shall be entitled to claim any compensation, etc.
VII. COSTS FOR DELIVERY OF GOODS
7.1 In addition to the Purchase Price, the Buyer shall pay to the Seller, in the same manner as the Purchase Price for the Goods, the cost/price of delivery of the Goods at the price specified for the method of delivery of the Goods chosen by the Buyer.
7.2 The price for delivery - transport of the Goods varies according to the Buyer's chosen method of delivery of the Goods and includes all taxes (in particular VAT), charges etc.
7.3 The current price for delivery of the Goods is inclusive of VAT and is always quoted for each delivery method. In view of possible changes in the prices for delivery of the Goods (by carriers), these prices are not listed and updated here, but always for the Goods on the Site.
7.4 The Seller may - according to the information at the delivery of the Goods - deliver certain Goods from a certain amount of the purchase price for free or at discounted prices.
VIII. method of payment
8.1 The Buyer is obliged to pay the price for the Goods, i.e. the purchase price, the price for delivery of the Goods and the price for the payment method chosen by the Buyer, or any other agreed prices or charges, by one of the methods made available by the Seller for the particular Goods, i.e. in particular:
(i) cash on delivery - i.e. cash on delivery,
(ii) online payment through the payment system used by the Seller
(iii) bank transfer
IX. WITHDRAWAL FROM THE CONTRACT WITHOUT REASON, EXCHANGE OF GOODS
9.1 The Buyer shall have the right to withdraw from the contract for the purchase of Goods concluded through the Site/ from the purchase of Goods made through the Site (means of distance communication) without giving any reason under the following conditions.
9.2 The Buyer has the right to withdraw from the Contract made through the Site without giving any reason within 60 days from the date of receipt of the Goods.
9.3 The Buyer shall deliver a written notice of withdrawal to the Seller together with the Goods to be returned:
(i) by post to Gizmania s.r.o., Bubenské nábřeží 306/13, Hall No. 11, 170 00 Prague 7 - Holešovice,
(ii) by means of the form on the Site, (Withdrawal from the Purchase Agreement); the Buyer shall insert the form together with the invoice into the shipment,
(iii) by other appropriate means - e.g. by completing the contact form on the Site.
9.4 The withdrawal period is complied with if the notice of withdrawal is sent before the expiry of the applicable 60-day period.
9.5 If the Buyer withdraws from the Contract, the Buyer shall send or hand over to the Seller the Goods received from the Seller without undue delay, but not later than 14 days after the sending of the notice of withdrawal. If there is any doubt as to whether the Goods were purchased from the Seller, the Buyer shall be obliged to prove, at the Seller's request, that the Goods were purchased from the Seller under the Contract being withdrawn from. The Buyer shall return the Goods to the Seller at the address Gizmania s.r.o., Bubenské nábřeží 306/13, Hall No. 11, 170 00 Prague 7 - Holešovice, the Goods will be sent back as an ordinary parcel. Cash on delivery will not be accepted! The Buyer can also return the Goods at any of the Seller's stores.
9.6 The Seller shall return to the Buyer without undue delay, not later than within 14 days of receipt of the Goods or delivery of confirmation by the Buyer that the Buyer has sent the Goods, whichever is earlier, all monies, including delivery costs, received from the Buyer under the Contract in the same manner in which it was received, unless the parties agree otherwise. The Seller shall only reimburse the Buyer for monies received by other means if the Buyer has agreed to do so and if no further costs are incurred by the Seller in doing so. The Buyer may choose the method of refund, either (i) by refund to a credit card, (ii) by refund to a PayPal account, or (iii) by transfer to a bank account whose number is specified in the notice of withdrawal, (iv) in person at the Seller's stores.
9.7 If the Buyer has chosen a method of delivery of the Goods other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the Goods in an amount equivalent to the cheapest method of delivery offered. In case the Buyer withdraws from the Contract only in respect of a part of the Goods (the Buyer has purchased more than one Goods within one Contract/order and withdraws/returns only some of the Goods) and the price for the delivery of all the Goods was determined/agreed within one Contract/order in one amount for all the Goods, then the Seller shall not refund the price paid for the delivery of the Goods to the Buyer (such delivery price shall be refunded only in case the Buyer withdraws from the whole Contract, i.e.
9.8 If the Buyer withdraws from the Contract, the Buyer shall bear the costs of returning the Goods to the Seller
9.9 In the event that the Goods are returned after withdrawal from the Contract already used, damaged, contaminated or without the documents supplied with the Goods, then the Buyer shall be liable to the Seller for any diminution in the value of the Goods resulting from the handling of the Goods other than as necessary to acquaint the Buyer with the nature, characteristics and functionality of the Goods ("Replacement"). The Seller shall claim the Replacement from the Buyer by sending the Buyer the funds received from the Buyer for the purchase of the Goods less the Replacement, or if the depreciation is not discovered until after the return of the purchase price, the Buyer shall pay the Replacement to the Seller within ten (10) days after the demand for payment.
9.10 In the event of cancellation of the Contract, the subject of which is the provision of a Service, and the use of the Service has commenced at the Buyer's request before the expiry of the cancellation period, the Buyer shall pay the price of the Services provided up to the time of cancellation.
9.11 The Seller shall not charge the Buyer any packing or postage charges on the first exchange of Goods. Exchanges may be made at any of the Seller's premises, always at a total price for the product equal to or greater than the original purchase price for the product. In the event that the price of the new product is higher, the difference in price will be paid by the Buyer directly at the point of exchange. The returned goods will be in their original packaging, unused, undamaged, including any accessories, and capable of resale. The Buyer will be provided with a proof of purchase for the returned goods.
X. LIABILITY FOR DEFECTS, WARRANTIES, CLAIMS (COMPLAINTS)
10.1 Liability for defects, warranties, application of defects are described in the Warranty Policy, which is an integral part of these Terms and Conditions.
XI. OTHER TERMS
11.1 In the event that the Seller provides the Buyer with additional benefits associated with the purchase of the Goods, such as replacement of the Goods within longer periods of time, etc., such benefits and associated additional obligations shall apply on the terms agreed at the time of purchase of the Goods and the terms and conditions stated by the Seller in the relevant materials.
11.2 The corresponding provisions of these GTC and, where applicable, the usual procedures in the trade applicable to the exercise of the Buyer's rights shall apply mutatis mutandis to the exercise of the Buyer's rights, taking into account the protection of the Buyer as a consumer.
11.3 Out-of-court handling of consumer complaints is provided by the Seller through the contact form below. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's electronic address.
XII. FINAL PROVISIONS
12.1 These T&Cs shall apply as set out on the Seller's Website on the date of placing the Order/Contract unless otherwise agreed in writing between the parties. If the Buyer submits an order/contract after the date on which the OPs are changed, the OPs shall apply as amended.
12.2 The Seller shall be entitled to change these OPs at its discretion, provided that the change to the OPs shall always be published on the Site or the Site shall always display the OPs in their current version.
12.3 The Buyers may download and retain these OPs at any time.
These terms and conditions are effective from 6 January 2023.