Terms and Conditions

trading company GB Creative s.r.o.

with registered office Březenecká 4808, 430 04 Chomutov

ID: 05398754

VAT number: CZ05398754

entered in the commercial register kept at the Regional Court in Ústí nad Labem, section C, insert 38082

for the sale of goods through an online store located at the internet address www.gb-creative.com

     

INTRODUCTORY PROVISIONS

• These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company GB Creative s.r.o., with registered office at Březenecká 4808, 430 04 Chomutov, identification number: 05398754, registered in the commercial register kept at the Regional Court in Ústí nad Labem, section C, insert 38082 ( hereinafter referred to as the "seller") regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract ( hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller on a website located at the internet address www.gb-creative.com (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").

• The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods as part of his business activity or as part of his independent profession.

• Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

• The terms and conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

• The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

• Based on the buyer's registration done on the website, the buyer can access its user interface. From his user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

• When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided 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 a username and password. The buyer is required to maintain confidentiality regarding the information necessary to access his user account.

• The buyer is not authorized to allow the use of the user account by third parties.

• The seller can cancel the user account, especially if the buyer does not use his user account for a longer period of time, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).

• The buyer acknowledges that the user account may not be available 24/7, especially due to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

    

 CONCLUSION OF THE PURCHASE AGREEMENT

• All presentation of goods placed in the web interface of the store is of an informative nature, and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732, paragraph 2 of the Civil Code shall not apply.

• The store's web interface contains information about the goods, including the prices of the individual goods and the cost of returning the goods, if the goods, by their nature, cannot be returned by the usual postal route. Product prices are inclusive of value added tax and all related charges. Product prices remain in effect for as long as they are displayed on the store's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.

• The store's web interface also includes information about the costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

• To order goods, the buyer fills out the order form in the web interface of the store. The order form contains, in particular, information about: the ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface), about the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and information about the costs associated with the delivery of the goods (hereinafter together just as "order").

• Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, also taking into account the possibility of the buyer to find out and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "order" button. The seller considers the data in the order to be correct. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter "buyer's electronic address").

• The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

• The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.

• The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.

        

PRICE OF GOODS AND TERMS OF PAYMENT

• The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways: cash on delivery at the place specified by the buyer in the order, cashless by transfer to the seller's account, cashless via a payment system, cashless by payment card, PAYPAL.

• Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

• The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

• In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days from the conclusion of the purchase contract.

• In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

• The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.

• Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

• If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller issues a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a VAT payer. Tax document - the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.

 

WITHDRAWAL FROM THE PURCHASE AGREEMENT

• The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods , which was irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging, which the consumer removed from the packaging and for hygienic reasons cannot be returned, and from the purchase contract for the supply of audio or video recordings or computer programs, if he violated their original packaging.

• If it is not a case mentioned in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract within fourteen (14) days in accordance with § 1829 paragraph 1 of the Civil Code from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's e-mail address.

• In the case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.

• In the case of withdrawal from the contract according to Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of the withdrawal from the purchase contract by the buyer, in the same way that the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

• The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

• Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.

• If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.

• ATTENTION: The goods must be returned to the shipping address: Ing. Milada Svobodová, Pod Hřištěm 307, Březenec 431 11 and at the same time notify the return of the goods to the e-mail: info@gbcreative.cz (Not to the address of the company headquarters).

 

TRANSPORTATION AND DELIVERY OF GOODS

• In the event that a mode of transport is contracted based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
• If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
• In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.
• When receiving 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 defects, to notify the carrier immediately. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
• Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

       

RIGHTS FROM DEFECTIVE PERFORMANCE

• The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
• The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that, at the time the buyer took over the goods, the goods have the properties agreed upon by the parties and, in the absence of an agreement, have the properties that the seller or the manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of advertisements carried out by them, the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used, the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model, it is the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of the law.
• The provisions stated in Article 7.2 of the terms and conditions of trade do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods.
• If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
• Rights from defective performance are exercised by the buyer with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the headquarters or place of business. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.
• other rights and obligations of the parties related to the seller's liability for defects may be modified by the seller's complaint procedure.

 

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

• The buyer acquires ownership of the goods by paying 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 § 1826 paragraph 1 letter e) of the Civil Code.
• Out-of-court handling of consumer complaints is provided by the seller through the electronic address www.gbcreative.cz. The seller will send information about handling the buyer's complaint to the buyer's email address.
• The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of ??personal data protection. The Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, as amended, within a defined scope.
• The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code

 

PROTECTION OF PERSONAL DATA - GDPR

Basic provision:
The administrator of personal data according to Article 4 point 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data (hereinafter: "GDPR") is the company GB Creative s.r.o. IČO: 05398754 with registered office at Březenecká 4808, 430 04 Chomutov (hereinafter: "administrator")
 

The administrator's contact details are:

Address: Březenecká 4808, 430 04 Chomutov

e-mail: info@gbcreative.cz

Personal data means any information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be directly or indirectly identified, in particular by reference to a certain identifier, for example a name, identification number, location data, network identifier or to one or more special elements of physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

The administrator did not appoint a personal data protection officer.

Sources and categories of processed personal data:

The administrator processes personal data that you have provided to him/her, or personal data that the administrator has obtained based on the fulfillment of your order.
The administrator processes your identification and contact data and the data necessary for the performance of the contract.

Legal reason and purpose of personal data processing:

performance of the contract between you and the administrator according to Article 6 paragraph 1 letter b) GDPR.
legitimate interest of the administrator in the provision of direct marketing (especially for sending commercial messages and newsletters) according to Article 6 paragraph 1 letter f) GDPR.
Your consent to processing for the purposes of providing direct marketing (in particular for sending business communications and newsletters) pursuant to Article 6, paragraph 1 letter a) GDPR in connection with § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services in the event that no goods or services have been ordered.
The purpose of processing personal data is to process your order and exercise the rights and obligations arising from the contractual relationship between you and the controller; when placing an order, personal data are required that are necessary for the successful processing of the order (name and address, contact), the provision of personal data is a necessary requirement for the conclusion and fulfillment of the contract, without the provision of personal data it is not possible to conclude the contract or fulfill it on the part of the administrator,
sending business messages and doing other marketing activities.
There is no automatic individual decision-making by the controller within the meaning of Article 22 of the GDPR. You have given your express consent to such processing.

Data retention period:

for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the administrator and to exercise claims from these contractual relationships (for a period of 15 years from the termination of the contractual relationship).
for the period until consent to the processing of personal data for marketing purposes is revoked, a maximum of 10 years, if personal data is processed on the basis of consent.
After the personal data retention period has expired, the administrator deletes the personal data.
Recipients of personal data (administrator subcontractors):

involved in the delivery of goods / services / execution of payments based on the contract.
providing e-shop operation services and other services in connection with e-shop operation
providing marketing services.
The administrator does not intend to transfer personal data to a third country (a country outside the EU) or an international organization.
Your rights:

the right to access your personal data according to Article 15 GDPR.
the right to correct personal data according to Article 16 of the GDPR, or to restrict processing according to Article 18 of the GDPR.
the right to erasure of personal data according to Article 17 GDPR.
the right to object to processing according to Article 21 GDPR.
the right to data portability according to Article 20 GDPR.
the right to withdraw consent to processing in writing or electronically to the address or email address of the administrator specified in the basic provision of these terms and conditions.
You also have the right to file a complaint with the Office for Personal Data Protection if you believe that your right to personal data protection has been violated.
Terms of personal data security:

The controller declares that it has taken all appropriate technical and organizational measures to secure personal data.
The administrator has taken technical measures to secure data stores and personal data stores in paper form.
The Administrator declares that only he and persons authorized by him have access to personal data
Final Provisions:

By submitting an order from the online order form, you confirm that you are familiar with the terms of personal data protection and that you accept them in their entirety and agree to their processing.
You agree to these terms and conditions by checking your consent via the online form. By checking consent, you confirm that you are familiar with the terms of personal data protection and that you accept them in their entirety and agree to their processing.
The administrator is authorized to change these conditions. It will publish the new version of the personal data protection conditions on its website and at the same time send you the new version of these conditions to your e-mail address, which you have provided to the administrator.
The buyer agrees to the processing of his personal data: first and last name, residential address, identification number, tax identification number, e-mail address, telephone number (collectively referred to as "personal data").
The buyer agrees to the processing of personal data by the seller, for the purposes of realizing rights and obligations from the purchase contract and for the purposes of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purposes of sending information and business

        

SENDING COMMERCIAL MESSAGES AND STORING COOKIES

• The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address.
• The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.
• DELIVERY
• It can be delivered to the buyer's email address.

 

FINAL PROVISIONS

• If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
• If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
• The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

 

Contact details of the seller:

                Ing. Milada Svobodová, tel. 00420 720 949 310

Address for delivery of correspondence and return of goods in case of withdrawal from the contract:

Pod Hřištěm 307, Březenec 431 11

E-mail address: info@gbcreative.cz

 

In Chomutov, 28.6.2024