Terms and Conditions

BUSINESS CONDITIONS of the trading company GAMEMAT s.r.o.,

ID No.: 05066425, with registered office at Pod Bání 2146/8, 180 00 Prague 8, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 257779 (hereinafter referred to as "Seller"), for the sale of goods through the on-line shop located at www.gamemat.eu (hereinafter referred to as "Terms and Conditions").

Introductory provisions

These Terms and Conditions regulate in accordance with Section 1751(1) of Act No. 89/2012 Coll, civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another person (hereinafter referred to as the "Buyer"), through the Seller's online shop operated on the website located at the Internet address <www.gamemat.eu> (hereinafter referred to as the "Online Shop"). The Terms and Conditions further regulate the rights and obligations of the parties when using the Online Shop and other related legal relations. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up and concluded in the Czech language. The Purchase Contract shall be stored by the Seller after its conclusion for its successful execution, however, the Seller does not undertake to allow the Buyer repeated access to the concluded Purchase Contract.
Other, especially contact, information about the Seller is published in the Internet shop in the "Contacts" section.
The Buyer is a consumer or entrepreneur.
1. A consumer is any natural person who enters into a Purchase Contract with the Seller or otherwise acts outside the scope of his/her business activity or outside the scope of his/her independent professional activity.
2. An entrepreneur is a person who independently carries out, on his own account and responsibility, a gainful activity in a trade or similar manner with the intention of doing so consistently for profit. Any person who concludes contracts in connection with his own business, manufacturing or similar activity or in the independent exercise of his profession, or who acts in the name or on behalf of an entrepreneur, is also considered to be an entrepreneur.
Provisions deviating from the Terms and Conditions may be regulated in the Seller's offer of goods placed in the Online Shop or in the Purchase Agreement. Such deviating provisions, if any, shall prevail over the Terms and Conditions.
The Seller may unilaterally change or amend the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. The Buyer agrees to the current version of the Terms and Conditions at each individual conclusion of the Purchase Agreement.

Conclusion of the Purchase Contract, payment terms, transport and delivery

The Seller's goods, i.e. in particular collectibles and accessories for modelers, are offered in the Online Shop, including information on the price of the goods or other features. The prices of the goods in the Online Shop are inclusive of value added tax for delivery within the European Union. In the case of delivery outside the European Union, the prices of the goods are exclusive of value added tax. The prices quoted in accordance with the preceding sentences are inclusive of packaging and handling charges and are valid for the period of time displayed in the Online Shop. The price of the goods is subject to the addition of the shipping costs as per paragraph 2 of this article. The offer for sale of goods in the Online Shop is for information purposes only and the Buyer is not obliged to conclude a Purchase Contract in respect thereof. The provisions of Section 1732 (2) of the Civil Code shall not apply. The Seller reserves the right to conclude Purchase Contracts on individually agreed terms. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
The Seller shall add to the price of the Goods a transport fee, the amount of which depends on the type of transport chosen by the Buyer.
The shipping fee is charged according to the tariff of the chosen shipping company.
The Buyer agrees to the use of remote means of communication when concluding the Purchase Contract.
To order goods, the Buyer selects specific goods offered in the Online Store and fills in the order form, i.e. in particular information about the goods ordered, the method of payment of the Purchase Price and delivery of the goods (hereinafter referred to as the "Order"). Before sending the Order to the Seller, the Buyer is allowed to check and change the data that make up the Order, including with regard to the Buyer's ability to detect and correct errors arising from the data entry in the Order. The Buyer shall send the Order to the Seller by clicking on the "Send Order" button. The data provided in the Order is considered correct by the Seller. Immediately upon receipt of the Order, the Seller shall confirm to the Buyer that the Order has been received, to the e-mail address provided by the Buyer in the Order. The Seller may ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone), depending on the nature of the Order.
The Seller may allow the Buyer to create his own user account in the Online Shop. The Buyer is responsible for the accuracy and truthfulness of the data provided in the Order and/or in the user account. The Buyer shall notify the Seller immediately of any changes to such data. The Buyer may not disclose or provide the login data for the user account to a third party or allow a third party to use the user account. The Buyer acknowledges that the User Account and the Online Shop may not be accessible continuously and that the User Account may be completely cancelled by the Seller in case of prolonged non-use or in case of violation of these Terms and Conditions.
The Purchase Contract between the Seller and the Buyer is formed by the delivery of the Order acceptance (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address. The conclusion of the Purchase Contract does not occur if the Seller informs the Buyer within one working day of the acceptance of the Order that the goods specified in the Order are no longer in stock.
The Buyer shall pay the price of the goods under the Purchase Contract together with any costs associated with the delivery of the goods under the Purchase Contract (hereinafter collectively referred to as the "Purchase Price") in one of the following ways:

1. by credit card or PayPal account funds using the PayPal payment gateway;
2. by wire transfer to the account no. 2601006554/2010, kept at Fio banka, a.s. (for Orders from the Czech Republic) (hereinafter referred to as "Seller's Account");
3. by wire transfer to the account IBAN: CZ5320100000002901006556, BIC: FIOBCZPPXXX maintained at Fio banka, a.s. (for Orders from the European Union) (hereinafter referred to as the "Seller's Account");
4. by wire transfer to the account IBAN: CZ4120100000002201006563, BIC: FIOBCZPPXXX maintained at Fio banka, a.s. (for Orders from the United States of America) (hereinafter referred to as the "Seller's Account");
5. by wire transfer to the account IBAN: CZ2520100000002801006559, BIC: FIOBCZPPXXX maintained at Fio banka, a.s. (for Orders from the United Kingdom) (hereinafter referred to as the "Seller's Account");
6. by wire transfer to the account IBAN: CZ3520100000002101006558, BIC: FIOBCZPPXXX maintained at Fio banka, a.s. (for Orders from Poland) (hereinafter referred to as the "Seller's Account").

The Buyer shall pay the Purchase Price within five (5) days of the conclusion of the Purchase Agreement, without prejudice to the provisions of Article II, paragraph 2. In the case of non-cash payment, the Buyer is obliged to indicate the variable symbol of payment, which is communicated to him by the Seller in the order confirmation. The Buyer's obligation to pay the Purchase Price is fulfilled in the case of non-cash payment at the moment of crediting the Purchase Price to the Seller's Account. The provisions of § 2119 of the Civil Code shall not apply.
The Seller shall be entitled to demand payment of the Purchase Price prior to the shipment of the goods to the Buyer, in particular if the Buyer fails to confirm the Order according to the last sentence of Article II, paragraph 5 of these Terms and Conditions.
The Buyer acquires ownership of the Goods upon payment of the full price of the Goods under the Purchase Contract.
The Seller is a payer of value added tax. The Seller shall issue a tax document - invoice to the Buyer after payment of the Purchase Price and send it to the e-mail address provided by the Buyer in the Order.
The Buyer chooses the method of delivery of the goods subject to the Purchase Contract from the options offered by the Seller. The Buyer bears the risk associated with such method of delivery, including any additional costs for the chosen method of delivery.
In the event that the Buyer refuses to take delivery of the goods or repeatedly fails to respond to calls for collection of the goods, resulting in the goods being returned to the Seller, the Seller shall be entitled to claim compensation for the costs of the previous failed delivery at the time of any further Order of the Buyer before dispatching the goods to the Buyer. In the event that the Buyer fails to reimburse the Seller for the costs incurred by the Seller as a result of the previous failed delivery, the Seller shall have the right to refuse to conclude the Purchase Contract.
Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defect immediately report it to the carrier. The Buyer shall not be obliged to accept the goods from the Carrier if he finds a breach of the packaging of the goods indicating unauthorized intrusion into the shipment. By signing the delivery note, the Buyer confirms that the shipment of goods has met all the requirements and any subsequent claims of packaging breaches are disregarded by the Seller.
The delivery time depends on the type and quantity of goods ordered and the Seller's current workload. The delivery time is indicated for each individual item placed on the Online Shop. The Buyer acknowledges that the stated delivery time is indicative only.
None of the stated delivery dates can be taken as a fixed date within the meaning of Section 1980 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), unless the date is expressly designated as such and agreed with the Seller.

Withdrawal from the Purchase Contract

This paragraph applies only in cases where the Buyer is a consumer within the meaning of Article I. 3. a. of these Terms and Conditions. If the Buyer is a consumer:
1. He may withdraw from the Purchase Contract within 14 days of receipt of the Goods or the last part of the delivery, regardless of the method of receipt of the Goods or payment.
2. He is also entitled to withdraw from the Purchase Contract at any time before delivery of the goods.
3. The Buyer must send the withdrawal from the Purchase Contract to the Seller within the period referred to in point i of this paragraph. The Buyer does not have to state the reason for which he withdraws from the Purchase Contract. For ease of communication, it is advisable to indicate in the withdrawal the date of purchase or the contract/sales receipt number, the bank account and the chosen method of return of the goods. The Buyer may withdraw from the Contract using the sample withdrawal form attached to these Terms and Conditions. The Seller shall confirm its delivery to the Buyer in text form.
4. After withdrawal, the Buyer is obliged to send the received goods to the Seller without undue delay, no later than 14 days after withdrawal. The value of the goods (with regard to their nature and characteristics) which are sent back to the Seller by the Buyer shall not be reduced. The goods should be returned to the Seller (not on delivery) complete, preferably in their original packaging, and if they contain a seal of originality or other protective element then also with this seal or element.
5. The Seller shall reimburse the Buyer the amount fully corresponding to the Purchase Price of the goods and the costs paid for their delivery within 14 days of the withdrawal from the Purchase Contract, in the same manner as the payment was received from the Buyer. If the Seller offers several options within a certain method of delivery of the goods, he is obliged to reimburse the Buyer for the cheapest of them. The Seller is entitled to wait to refund the funds until the Buyer returns the goods to him or proves that he has sent them.
6. The costs of returning the goods shall be borne by the Buyer, even if the goods cannot be returned by the usual postal method.
7. If the returned goods are damaged, the Seller shall be entitled to claim against the Buyer for the depreciation of the value of the goods and to set it off against the refund.
8. The Buyer acknowledges that the right to withdraw from the Purchase Contract pursuant to the provisions of Section 1837 (d) of the Civil Code does not apply to, inter alia, the delivery of goods modified according to the Buyer's wishes.
9. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, without any delay, and without any cash payment to the account designated by the Buyer.
10. If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
If the Buyer is not a consumer, the Buyer may withdraw from the Contract only under conditions specifically agreed in writing between the Buyer and the Seller or if so provided by law.

Rights arising from defective performance

The rights and obligations of the parties regarding the Seller's liability for defects shall be governed by the applicable generally binding regulations.
If the goods received are defective (e.g. they do not have the agreed or reasonably expected characteristics, are not suitable for the usual or agreed purpose, are not complete, do not correspond to their quantity, measure, weight, or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the goods for which the Seller is liable. This does not apply in the case of goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.
The Buyer may claim from the Seller, within two years of receipt of the goods at the latest, a claim for free removal of the defect or for a reasonable discount on the price according to his request; if this is not disproportionate to the nature of the defect (in particular if the defect cannot be removed without undue delay), a claim may be made for delivery of a new item without defects or a new part without defects if the defect relates only to this part.
If repair or replacement of the goods is not possible, the Buyer may claim a full refund of the Purchase Price upon withdrawal from the Purchase Contract.
Within six months of receipt of the goods, it is assumed that the defect already existed when the goods were received.
The Seller shall not be obliged to satisfy the Buyer's claim if he proves that the Buyer knew about the defect in the goods prior to acceptance or caused it himself.
The Seller shall be liable for defects occurring after acceptance of the goods within the 24-month warranty period.
Within this period, the Buyer may make a claim and, at his option, claim for a defect that constitutes a material breach of the Contract (regardless of whether the defect is remediable or irremediable):
1. removal of the defect by delivery of a new item without defect or delivery of the missing item;
2. remedy the defect by repair free of charge;
3. a reasonable discount on the Purchase Price; or
4. a refund of the Purchase Price upon withdrawal from the Contract.
The Buyer shall notify the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may change his choice only with the consent of the Seller. If the Buyer does not make his choice in time, he shall have the rights as in the case of a non-substantial breach of the Contract.
A material breach of the Contract is a breach of the Contract of which the breaching party already knew or must have known at the time of conclusion of the Contract that the other party would not have concluded the Contract if it had foreseen the breach.
In the case of a defect that constitutes a non-substantial breach of the Contract (regardless of whether the defect is remediable or irremediable), the Buyer shall be entitled to have the defect remedied or to a reasonable reduction in the Purchase Price.
If a removable defect has occurred repeatedly after repair (third claim for the same defect or fourth claim for different defects) or the goods have a greater number of defects (at least three defects at the same time), the Buyer may exercise the right to a discount on the Purchase Price, exchange the goods or withdraw from the Contract.
If the Buyer exercises the right of defective performance, the Seller shall confirm to the Buyer in writing when the Buyer exercised the right, as well as the repair and the duration of the repair.
The Seller shall not be liable for defects resulting from normal wear and tear or failure to follow the instructions for use.
If the Buyer fails to notify the defect in time, the Buyer shall lose the right to withdraw from the Contract.
The Buyer may file a claim with the Seller at the address of the Seller's premises Pod Bání 2146/8, 180 00 Prague 8.
In the event that the Buyer does not collect the goods or does not request their shipment within thirty (30) days from the date on which he was notified by the Seller of the settlement of the complaint, Article II, paragraph 14 shall apply.

V. Other Rights and Obligations of the Parties

The software and other components comprising the Online Shop (including photographs of advertised goods) are protected by copyright. The Buyer undertakes not to carry out any activity that could enable him or third parties to interfere with or make unauthorised use (e.g. store, modify, distribute) of the software or other components of the Online Shop. Access to and use of the Online Shop by the Buyer in accordance with the Terms and Conditions is free of charge.
The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the Online Shop. The Online Shop may only be used to the extent that is not detrimental to the Seller or to the rights of third parties, in particular other Buyers, and that is in accordance with its purpose.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) of the Civil Code.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Contract.
The Seller shall not be liable for errors resulting from third party intervention in the Internet shop or as a result of the use of the Internet shop contrary to its purpose.
The Buyer assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
Pursuant to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. He is also obliged to register the sales received with the tax authorities online; in the event of a technical failure, within 48 hours at the latest.
The Seller issues receipts according to the Act on Sales Records in electronic form sent by e-mail or in paper form depending on the chosen payment method and method of transport.

Protection of personal data and sending commercial communications

The processing of personal data is carried out in accordance with Regulation (EU) No 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 Buyer is obliged to provide his/her personal data correctly and truthfully.

The Seller processes personal data in accordance with its Privacy Policy available at https://www.gamemat.eu/privacy-policy/.

VII. Final Provisions

If the relationship related to the use of the Online Shop or the legal relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.
The Seller is authorised to engage in this activity on the basis of a trade licence and the activity is not subject to any other authorisation. Trade control is carried out by the Trade Licensing Office within its competence. In the event of a complaint, the Buyer is entitled to contact the Czech Trade Inspection Authority.
If any provision of the Terms and Conditions is or becomes invalid or ineffective, such invalid provisions shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions.
Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other Party in writing by electronic mail or, if applicable, in person or by registered mail through a postal service provider. The Buyer shall be served at the e-mail address specified in the Purchase Order. In the case of delivery by electronic mail, the message shall be deemed to have been delivered at the moment of receipt on the incoming mail server. A message delivered in person or through a postal service provider shall be deemed to have been received when the addressee accepts the parcel or refuses to accept the parcel. In the case of delivery through a postal service provider, the consignment shall also be deemed to have been delivered on expiry of the period of ten (10) days from the deposit of the consignment and the giving of a request to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service provider, even if the addressee has not been informed of the deposit.
These Terms and Conditions come into force on 1.1.2019

In Prague on 31.12.2018

Form for

NOTICE OF WITHDRAWAL FROM THE CONTRACT

GAMEMAT s.r.o.

Pod Bání 2146/8, 180 00 Prague 8

sales@gamemat.eu

I hereby notify you that I withdraw from the contract for the purchase of goods

1) which I ordered on:

2) and received on:

3) Order number:

4) Specification of goods:

Name:
Street and number:
POSTAL CODE:
City:
Contact:

5) Date:

6) Signature: