TERMS OF TRADE
of the association MetalGate, z.s.
with its registered office at Broncova 1055, 25230 Řevnice
Identification no.: 22711074
Registered in the Commercial Register under no. L 24811 administered by the Municipal Court in Prague
for sale of goods via on-line shop at the website address https://metalgate-eshop.com
1. INTRODUCTORY PROVISIONS
These business terms (the “Business Terms”) of the association MetalGate, z.s., with its registered office at Broncova 1055, 25230 Řevnice, identification number 22711074, registered in the Commercial Register under number L 24811 administered by the Municipal Court in Prague (the “Seller”) regulate, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Sb., the Civil Code, as amended (the “Civil Code”) the Parties’ mutual rights and obligations established in connection with or based on the purchase agreement (the “Purchase Agreement”) entered into between the Seller and other natural person (the “Buyer”) via the Seller’s online shop. The Seller runs the online shop at the website address at https://metalgate-eshop.com (the “Website”) via website interface (the “Shop’s Website Interface”).
The Business Terms do not apply to the cases where the person intending to buy goods from the Seller is a legal entity or a person who orders such goods in the course of their business or their independent pursuit of a profession.
The provisions of the Business Terms are an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms are prepared in the Czech language.
The Seller may amend or modify the Business Terms. The rights and obligations established during the effective period of the previous version of the Business Terms shall not be thereby concerned.
2. PURCHASE WITHOUT REGISTRATION, REGISTRATION AND PURCHASE VIA USER ACCOUNT
The Buyer may order goods also without registration, directly from the Shop’s Website Interface.
Based on the Buyer’s registration (filling-in and sending of the registration form) made on the Website, the Buyer may access its user interface (user account). From its user account, the Buyer may order goods.
When registering on the Website and ordering goods, the Buyer is obliged to state true and correct information. The Buyer is obliged to update information stated in the used account in the case of any changes. Information stated by the Buyer in the user account and when ordering goods are considered correct by the Seller.
Access to the user account is secured by user name and password. The Buyer is obliged to keep confidential of information required for access in the Buyer’s user account.
The Buyer may not let any third parties use the Buyer’s user account.
The Seller may cancel a user account, namely in the case that the Buyer does not use the Buyer’s user account for more than 6 months or in the case that the Buyer breaches its obligations under the Purchase Agreement (including the Business Terms).
The Buyer acknowledges that the Website Interface or user account may not be available continuously, especially in regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of third parties’ hardware and software equipment.
3. CONCLUSION OF PURCHASE AGREEMENT
Presentations of any goods on the Website Interface are for informative purposes only and the Seller is not obliged to conclude the Purchase Agreement on such goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
The Shop’s Website Interface contains information about goods, including prices of individual goods and costs of returning such goods in the case that such goods may not, by definition, be returned in the usual postal way. The prices of goods remain effective for the time when displayed on the Shop’s Website Interface. The Seller’s option to conclude the Purchase Agreement on individually negotiated terms is not thereby limited.
The Shop’s Website Interface contains also information about the costs related to the packaging and delivery of goods. Information about the costs related to the packaging and delivery of goods indicated in the Shop’s Website Interface is applicable only in the case that goods will be delivered in the Czech Republic.
To order goods, the Buyer must fill-in the order form in the Shop’s Website Interface. The order form includes especially information about:
3.4.1. ordered goods (the Buyer “puts” the ordered goods into the electronic shopping cart of the Shop’s Website Interface);
3.4.2. way of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods; and
3.4.3. information about the costs related to delivery of the goods (hereinafter jointly referred to only as the “Order”).
Before sending the Order to the Seller, the Buyer is allowed to check and/or change information filled in the Order by the Buyer, also in regard to enabling to the Buyer to find out and rectify mistakes made at entering data in the Order. The Buyer will send the Order to the Seller by clicking on “SEND ORDER” button. Information stated in the Order is considered accurate by the Seller. Immediately after the Order receipt, the Seller will confirm such receipt to the Buyer by e-mail, to the Buyer’s e-mail address stated in the user account or in the Order (the “Buyer’s e-mail address”).
The Seller may request the Buyer to confirm the Order additionally (such as in writing or by phone), depending on the nature of the Order (quantity of goods, purchase price amount, expected transport costs).
The contractual relationship (purchase agreement) between the Seller and the Buyer is made upon delivery of the Order receipt (acceptance) which the Seller sends to the Buyer via e-mail at the Buyer’s e-mail address.
The Buyer agrees with using the means of remote communication in concluding the Purchase Agreement. The costs incurred by the Buyer in using the remote communication means in connection with concluding the Purchase Agreement (costs of Internet connection, costs of telephone calls) shall be paid by the Buyer.
4. PRICE OF GOODS AND PAYMENT TERMS
All prices stated on this Website are final prices and they exclude VAT. The Seller is not a VAT payer.
The price indicated for each goods is the price per one piece.
The Buyer can pay the price of goods and any costs related to the delivery of goods under the Purchase Agreement to the Seller in any of the following manners:
4.3.1. direct debit by wire transfer on the Seller’s account no. 7362286001/5500, opened with Raiffeisenbank a.s. (the “Seller’s Account”);
4.3.2. direct debit via PayPal;
4.3.3. direct debit by payment card;
Together with the purchase price, the Buyer must pay the costs related to packaging and delivery of goods in the agreed amount to the Seller. Unless expressly provided otherwise, the purchase price shall include also the costs related to delivery of goods.
The Seller does not request any advance or any similar payments from the Buyer. The provisions of Article 4.6 of the Business Terms on the obligation to pay the purchase price of the goods in advance shall not be thereby concerned.
In the case of cash payment or cash on delivery payment, the purchase price is due upon acceptance of goods. In the case of wire transfer on the Seller’s account, the purchase price is due within 14 days from the conclusion of the Purchase Agreement.
In the case of a direct debit payment, the Buyer must pay the purchase price of goods indicating the variable symbol of the payment. In the case of a direct debit payment, the Buyer’s obligation to pay the purchase price is discharged upon crediting the Seller’s account with the respective amount.
The Seller may, especially in the case that the Buyer does not additionally confirm the Order (Art. 3.6), request payment of the full purchase price before sending the goods to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.
Any discounts from the price of goods provided by the Seller to the Buyer may not be mutually combined.
If it is a usual business practice or if determined by generally applicable laws, the Seller shall issue a tax document – invoice concerning the payments made under the Purchase Agreements to the Buyer. The Seller shall issue the invoice to the Buyer after the payment of the price of goods and the Seller shall send it in electronic form to the Buyer’s e-mail address. The Seller is NOT a value added tax payer.
Based on the act on income registration, the Seller must issue a receipt to the Buyer. The Seller is also obliged to register the received income online with the tax administration; in the case of technological failure latest within 48 hours.
5. WITHDRAWAL FROM PURCHASE AGREEMENT
The Buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase agreement concerning delivery of goods which was customized upon the Buyer’s wishes or for the Buyer, from a purchase agreement concerning delivery of goods which is subject to fast deterioration or concerning goods which was irreversibly mixed with other goods after delivery, from a purchase agreement concerning delivery of goods in a closed package which the consumer removed from the package and it is no longer possible to return it from hygienic reasons and from a purchase agreement concerning delivery of audio or video recording or computer program if the original package was broken by the Buyer.
Unless in the case as provided in Art. 5.1 of the Business Terms or in another case when it is not possible to withdraw from the Purchase Agreement, the Buyer has, in accordance with the provisions of Section 1829(1) of the Civil Code, the right to withdraw from the Purchase Agreement, within fourteen (14) days from the take-over of goods, and in the case that several types of goods or delivery of several parts are the subject of the Purchase Agreement, this period commences on the date of take-over of the last delivery of goods. Notice of withdrawal from the Purchase Agreement must be sent to the Seller within the period as provided in the previous sentence. To withdraw from the Purchase Agreement, the Buyer may use the withdrawal form provided by the Seller, which forms an attachment to the Business Terms. The Buyer may send the notice of withdrawal from the Purchase Agreement also to the address of the Seller’s business premises or at the Seller’s e-mail address firstname.lastname@example.org .
In the case of withdrawal from the purchase agreement pursuant to Art. 5.2 of the Business Terms, the purchase agreement is terminated with ex tunc effect. The Buyer must return the goods to the Seller within fourteen (14) days from delivery of the notice of withdrawal from the purchase agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs relating to the returning of the goods to the Seller, also in the case that the goods may not be returned in the usual postal way, by its definition.
In the case of withdrawal from the Purchase Agreement under Art. 5.2 of the Business Terms, the Seller shall return the money accepted from the Buyer within fourteen (14) days from withdrawal from the Purchase Agreement by the Buyer, in the same way as the Seller accepted it from the Buyer. The Seller may also return the payment made by the Buyer already at the return of the goods to the Buyer or in another way, if the Buyer agrees and if no extra costs are thereby incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the accepted money to the Buyer before the Buyer returns the goods to the Seller or before the Buyer proves that they have sent the goods to the Seller.
The Seller may unilaterally offset a claim for damages of the goods against the Buyer’s claim for refund of the purchase price.
In the cases when the Buyer is entitled to withdraw from the Purchase Agreement, in accordance with the provisions of Section 1829(1) of the Civil Code, the Seller may also withdraw from the Purchase Agreement any time, until the goods is taken over by the Buyer. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, by direct debit on the account indicated by the Buyer.
If the Buyer receives a present together with the goods, the donation agreement between the Seller and the Buyer is entered into subject to a subsequent condition that if the Buyer withdraws from the Purchase Agreement, the donation agreement concerning such present is terminated and the Buyer is obliged to return the provided present to the Seller, together with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
In the case that the mode of transport is agreed upon the Buyer’s special requirement, the Buyer shall bear the risk and additional costs – if any – related to such mode of transport.
If under the Purchase Agreement, the Seller is obliged to deliver goods to a place designated by the Buyer in the Order, the Buyer is obliged to take-over the goods upon delivery.
If the goods must be delivered repeatedly or in a different way than indicated in the Order, from the reasons on the Buyer’s side, the Buyer shall pay the costs related to the repeated delivery of the goods or, respectively, the costs related to such different way of delivery.
Upon take-over of the goods from the carrier, the Buyer is obliged to check whether the package of the goods is unbroken and notify the carrier of any defects immediately. In the event of finding a broken package indicating unauthorized penetration in the shipment, the Buyer is not obliged to accept the shipment from the carrier.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
The Parties’ rights and obligations concerning the rights from defective performance shall be governed by the generally applicable laws (including but not limited to the provisions of Sections 1914 through 1925, Sections 2099 through 2117 and Sections 2161 through 2174 of the Civil Code and Act No. 634/1992 Sb., on consumer protection, as amended).
The Seller shall be liable to the Buyer that the goods is free from defects upon its hand-over. The Seller is especially liable to the Buyer that at the time when the Buyer takes over the goods:
7.2.1. the goods has the properties agreed by the parties, and if no such agreement exists, that the goods has such properties as described by the Seller or by the manufacturer, or as expected by the Buyer in respect of the nature of the goods and based on the advertising made by them;
7.2.2. the goods is fit for the purpose determined for its use by the Seller or for which the goods of this type is normally used;
7.2.3. the quality or the make of the goods complies with the agreed sample or template, if the quality or make were designated based on an agreed sample or template;
7.2.4. the quantity, level or weight of the goods is corresponding; and
7.2.5. the goods complies with the legal requirements.
The provisions of Art. 7.2 of the Business Terms shall not apply to goods sold at a discount due to defect for which such discount was agreed, to the usual wear and tear of the goods, to defect corresponding to the usual wear and tear or the level of use in the case of second-hand goods, which the goods had upon take-over by the Buyer, or if it is an inherent nature of the goods.
If a defect is manifested within six months from the take-over, the goods is deemed to have been defective already at the take-over. The Buyer may exercise the right from defect occurring in consumption goods within twenty four months from the take-over.
The Buyer exercises the rights from defective performance at the address of the Seller’s business premises where complaint can be accepted in regard to the assortment of the goods sold, or at the Seller’s registered office or place of business.
The Parties’ other rights and obligations related to the Seller’s liability for defects are regulated by the Seller’s complaint procedure rules attached as Attachment 1 to the Business Terms.
8. PARTIES’ OTHER RIGHTS AND OBLIGATIONS
The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of Section 1826(1)(e) of the Civil Code.
Consumer complaints are handled by the Seller via e-mail email@example.com. The Seller shall send information that the Buyer’s complaint was handled to the Buyer’s E-mail Address.
The office competent for alternative dispute resolution is the Czech Business Inspection, with its registered office Štěpánská 567/15, 120 00 Praha 2, Id. No.: 000 20 869, website: https://adr.coi.cz/cs . It is possible to use the on-line dispute resolution platform at the website http://ec.europa.eu/consumers/odr for the resolution of disputes between the Seller and the Buyer under the Purchase Agreement.
The Buyer hereby assumes the risk of change of circumstances in the sense of Section 1765 (2) of the Civil Code.
9. PERSONAL DATA PROTECTION
The Seller complies with its information obligation to the Buyer in the sense of Art. 13 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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) (the “GDPR”) in relation to the processing of the Buyer’s personal data for the purposes of performance of the Purchase Agreement, for the purposes of the Agreement negotiations and for the purposes of compliance with the Seller’s public-law obligations via special document PERSONAL DATA PROTECTIONS IN METALGATE-ESHOP.
10. SENDING BUSINESS COMMUNICATIONS AND SAVING COOKIES
The Buyer consents to the sending of information related to the Seller’s goods, services or business at the Buyer’s e-mail address and the Buyer also consents to the sending of business communications by the Seller at the Buyer’s e-mail address. The Seller complies with its information obligation to the Buyer in the sense of Art. 13 GDPR related to the processing of the Buyer’s personal data for the purposes of sending business communications by means of a separate document.
The Buyer agrees with saving cookies to its PC. If purchase on the website can be made and the Seller’s obligations under the Purchase Agreement can be met without saving cookies to the Buyer’s PC, the Buyer may withdraw its consent under the previous sentence any time.
Notices to the Buyer can be sent to the Buyer’s e-mail address.
12. FINAL PROVISIONS
If the relationship under the Purchase Agreement has an international (foreign) aspect, the parties agree that the relationship shall be governed by the Czech Law. By the choice of law under the previous sentence, the Buyer as a consumer is not deprived of the protection provided by the provisions of the law which may not be deviated from in the agreement and which would otherwise apply if no choice of law existed, pursuant to the provisions of Art. 6(1) of the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations.
Should any of the provisions of the Business Terms be or become invalid or ineffective, such provision shall be replaced by the provision which sense is closest to such invalid provision. Validity of the remaining provisions shall not be concerned by invalidity or ineffectiveness of a certain provision.
The Seller shall archive the Purchase Agreement and the Business Terms in electronic form and they shall not be accessible.
Withdrawal form for withdrawal from the Purchase Agreement is attached to the Business Terms as attachment hereof.
Seller’s contact information:
12.5.1. delivery address: MetalGate, z.s. , U Nikolajky 11, Praha 5, 150 00
12.5.2. e-mail address: firstname.lastname@example.org ,
12.5.3. telephone +420 602526025.
Prague, 9 May 2018
Attachment 1 – Complaint Procedure Rules
Attachment 2 – Withdrawal Form for Withdrawal from Purchase Agreement
COMPLAINT PROCEDURE RULES
for metalgate-eshop.cz, drafted in regard to the specifics of the categories of goods
1. COMPLAINT TERMS FOR CDS, DVDS, LPS, CASSETTES AND BOOKS
If the Buyer finds that the delivered goods is defective or damaged after delivery, such goods must be sent back for complaint procedure. Complaints will be handled in accordance with the law applicable at that time in the Czech Republic.
The Buyer must sent the goods subject to complaint or deliver in person at: MetalGate z.s., U Nikolajky 11, 150 00 Praha 5. Complaints may be handled personally from 9.00 a.m. to 5.00 p.m. on business days.
If the Buyer sends the goods subject to complaint at the above-mentioned address, the Buyer shall do so using Česká pošta or another delivery service company, in a standard business parcel or using any parcel service company (PPL, DPD etc.). If the complaint is sent as a cash-on-delivery shipment, the Seller will not accept such shipment. The Seller recommends insuring and packing the goods properly as the Seller shall not be liable for any damages or losses in transport; in such case, the Seller might not even receive the goods for complaint procedure.
You can make a complaint of the delivered goods which was purchased from the Website operator, i.e. the Seller, only.
Upon delivery of the ordered goods by the carrier, the Buyer is obliged to check the physical condition of the shipment and of the received goods. The Buyer must communicate any discrepancies or damages on spot to the carrier and write the findings in the transport document (or write a complaint protocol with Česká pošta). In the case of major damages, the Buyer shall not accept the shipment from the carrier at all and notify thereof via telephone or email. If the Buyer confirms to the carrier by signature that shipment was delivered perfectly and no problem is recorded, any later complaints will not be recognized as the goods is deemed delivered in proper condition and the damage is deemed to have occurred only after proper hand-over of the shipment.
To lay a complaint, document on the purchase of goods, description of the complaint defect and original package, if possible unbroken (unless the package is subject to complaint) must be submitted.
The Seller will first assess whether the complaint is justified and then send a statement to the Buyer, and if the complaint is justified, the Seller will either send new goods or refund money to the Buyer.
Return of goods (CDs, DVDs, LPs, cassettes and books)
Under the applicable provisions of the Civil Code and the Consumer Protection Act, the Buyer has the right to withdraw from the Purchase Agreement concluded via online shop within 14 days from the acceptance of goods and return the goods.
If the Buyer decides to return the goods, the Buyer must send back the undamaged goods, without any signs of use or wear-and-tear, in original package, if possible, within the said period (the data of delivery back to the Seller is decisive). After receipt of the returned goods, the Seller will immediately refund the amount corresponding to the purchase price to the Buyer in the manner agreed in advance, latest within the period of 30 calendar days.
The Buyer may not withdraw from the purchase agreement for delivery of audio and video records in the case that the Buyer broke their original packages and in the case that the Buyer is not considered to be a consumer under the applicable laws but the Buyer bought the goods in question for the purpose of business (as a self-employed person).
2. COMPLAINT TERMS FOR TICKETS
Please note: In the case of concluding a purchase agreement for tickets, in accordance with the provisions of Section 1837(j) of Act No. 89/2012 Sb., the Civil Code, as amended, the Buyer has no right to withdraw from the agreement concluded between the Buyer and the Seller under the provisions of Section 1829 of the Civil Code (withdrawal from agreement within 14 days for convenience) as it is an agreement concerning leisure time and the performance is provided by the businessman, i.e. the Event organizer, on the designated date.
Complaint of printed ticket
If the Buyer finds that the delivered ticket is damaged after delivery, the Seller must be contacted immediately. The Buyer will contact the Seller by telephone or via e-mail and report about the damage.
The Buyer must also produce photograph documentation of the damaged ticket and send it via e-mail to the contact address (see above) or send or carry in person the complaint ticket at the following address: MetalGate z.s., U Nikolajky 11, 150 00 Praha 5. Complaints may be handled personally from 9.00 a.m. to 5.00 p.m. on business days.
The Seller will issue a duplicate ticket and send it to the Buyer to a contact specified in the Order or complaint e-mail. The original ticket thereby loses its validity and the duplicate is valid.
In the event of risk of delay (period to send the complaint ticket is shorter than 48 hours), the Seller will replace the damaged ticket by duplicate right at the place where the Event is held.
Complaint of electronic ticket
The Buyer may not claim ticket replacement. In the case of damage, destruction, loss, theft or other devaluation of the ticket, the ticket will not be replaced by a new one and the Buyer will not be provided any compensation.
The Seller shall not be liable in the case that a ticket cannot be delivered to the Buyer from the reasons on the Buyer’s side, mainly from the reason that it is not possible to deliver the ticket to the Buyer-indicated e-mail (such as due to full mailbox, spam filter etc.).
In the event that the Buyer has not received the ticket within 24 hours from full payment of the admission fee, i.e. from crediting the Seller’s account with the full purchase price of the ticket, the Buyer must immediately, however, latest within 48 hours from the expiry of the above-mentioned period for the ticket delivery, contact the Seller and notify them that the Buyer has not received the paid-for ticket. For these purposes, the Buyer is obliged to give the name and e-mail which they identified as contact or identification information when purchasing the ticket to the Seller. If the Seller finds that the ticket has not been actually delivered to the Buyer and unless in the case as specified in the previous paragraph of these Rules, and the Buyer notified the Seller that they have not received the ticket in the above-mentioned period and in the above-mentioned way, the below-mentioned procedure will be applied:
126.96.36.199. Within 24 hours, however, one hour before the Event takes place at the latest, the Seller undertakes to send a ticket again to the Buyer-indicated e-mail.
188.8.131.52. In the case that the Event has already taken place, the Seller undertakes to refund the paid admission fee to the Buyer, latest within 14 days from the date when the Buyer laid the complaint.
Admission fee refund (applicable both to printed and electronic tickets)
The Buyer has the right for refund of admission fee for the ticket only in the below-specified cases and on the below-mentioned conditions.
In the event that the Seller as the organizer fully cancels the Event, the Buyer who provided their contact (e-mail, telephone, postal address, fax etc.) to the Seller will be notified, using this contact, that the Event was cancelled. The Seller is not liable to the Buyer in the case that it is not possible to get in touch with the Buyer through that contact in time, or if the Buyer received the notification about cancellation of the Event which was sent in time with a delay.
If the Seller as the organizer fully cancels the Event, the Seller will return admission fee in full in the following way.
If the conditions to return the admission fee under par. 2.5.3 above are satisfied, the admission fee will be refunded to the Buyer:
184.108.40.206. in the case of payment by wire transfer on the bank account from which the admission fee was sent;
220.127.116.11. in the case of card payment via the payment card by which the admission fee was paid;
18.104.22.168. in the case of cash payment, by refund of cash at the point of sale where the transaction took place;
22.214.171.124. in the case of payment gate payment by refund on the Buyer’s account.
The full price of the admission fee paid by the Buyer will be returned within 14 days from the day when the Event was cancelled.
Form for withdrawal from the Purchase Agreement