General Terms and Conditions


Michal Vavřač - gentlemansgarage.cz
Josefy Faimonové 23, 628 00 Brno, Czech republi
Identification number: 01505726
VAT: CZ9010033681

Contact details Seller:
Michal Vavřač - gentlemansgarage.cz
Josefy Faimonové 23, 628 00 Brno, Czech Republic
Identification number: 01505726
VAT: CZ9010033681
Contact e-mail: info@gentlemansgarage.cz
Phone: (+420) 721 277 232

1. Introduction
1.1 These Terms and Conditions (as defined in § 1751 of the Act no. 89/2012 Coll., Civil Code, as amended, hereinafter the "Civil Code") apply to the purchase in the online store "gentlemansgarage.cz" through a Web interface located on the Internet at www . gentlemansgarage.cz (hereinafter also referred to as "Web Interface") operated by the Seller.
 
1.2 Terms and conditions define and specify the basic rights and obligations of the Seller, Buyer and User. Buyer by sending an order confirmation and also in the web interface at the same time confirms that it accepts these terms and conditions and that familiar with it. Purchase agreement, ie. Business conditions, including the order and its acceptance, the Buyer will be e-mailed or printed by post immediately after the conclusion of the contract or attached to goods at the latest upon delivery to the Buyer.

1.3 Provisions of the conditions are an integral part of the purchase agreement (a "purchase agreement" here refers to any contract entered into pursuant to these Terms and Conditions). Purchase Agreement and the terms and conditions are written in the Czech language. Purchase agreement can be concluded in the Czech language, unless the buyer and seller expressly agree to another language.

1.4 The Business Conditions may be amended by the Seller. The rights and obligations of the parties shall be governed by each business terms, for whose effectiveness arose.

1.5 All contractual relations are governed by terms and conditions and their relations not regulated by the Civil Code, and if the party consumer law no. 634/1992 Coll., On consumer protection, as amended.

1.6 In cases where a person who intends to purchase goods from the Seller, acting upon ordering goods in the course of their business or in their independent practice of the profession, or is a legal entity, apply the provisions of these terms and conditions on consumer protection, particularly Article . 5 - Withdrawal from the contract.

1.7 As a consumer you have the right to judicial resolution of consumer disputes under the contract (see paragraph 8.9 Final provisions of these terms and conditions).

2. Definition of Terms

1.2 Buyer is a natural or legal person who intends to purchase goods via the web interface. Due to the current legislation distinguishes buyer who is not a consumer and a buyer who is a consumer.

2.2 The consumer is every person who outside his business or outside the independent exercise of their profession enters into a contract with a contractor or otherwise acts.

2.3 Goods sold via the web interface are men's and women's shirts and hats, and other similar or related goods closer specified in the web interface.

3. Order and purchase contract

3.1 Buyer can register on the web interface. Through a user account you can order products, manage orders, post comments and perform other tasks, if the web interface allows such acts. Username and password chosen by the buyer and must ensure that they know about the third person. Seller is not responsible for any misuse of user account by third parties.

3.2 Seller reserves the right to cancel without compensation inactive user accounts and accounts through which there is a violation of good morals, law or whose owners breaching these terms and conditions.

3.3 The Web interface contains a list of products and information about it, including the prices of individual goods. Goods prices are inclusive of all taxes (VAT etc.), duties and other charges. Prices of goods presented and awards for packaging, transport and delivery remain in force as long as they are displayed in the web interface. Any discounts on the price of goods provided by the seller to the buyer can not be combined, unless Seller expressly state otherwise.

3.4 Presentation of goods placed in the web interface is informative and does not constitute an offer by the Seller (resp. On the draft contract; § 1732, paragraph. 2 of the Civil Code does not apply).

3.5 The buyer performs ordering goods through a Web interface (by filling in a form or otherwise), phone or text message to the Contact Seller telephone, e-mail the Contact e-mail or in writing to the Seller Contact the seller's address. Orders must always contain the name of the ordered goods (or numerical designation of goods), the number of items chosen payment method and shipping and the buyer's contact information (name, mailing address, telephone number, e-mail address).

3.6 Before submitting a binding order is communicated to the Buyer recap orders, especially the type and quantity, shipping address and the final price, including delivery costs (depending on the chosen method of delivery) and any fees associated with the payment method. Within the last recap the Buyer has the option to change the data entered. The buyer shall binding order by pressing the "Confirm and complete the order." The data referred to in the binding order by the Seller are considered correct. The receipt of the order by the Seller will be informed automatically.

3.7 The contractual relationship between the Seller and the Buyer arises (ie. The purchase contract is concluded) delivery order acceptance (acceptance, hereinafter referred to as "order acceptance"), which is sent to the Buyer by e-mail, at the buyer's email address, and if this has not been and payment of the full purchase price or acquisition of goods ordered by Buyer, whichever occurs first. Order acceptance (acceptance) may be part of an acknowledgment of receipt of the order (unless it is explicitly stated in the certificate), or may follow after this confirmation separately.

3.8 If the seller doubts about the authenticity and seriousness order may contact the Buyer for the purpose of verification. Seller reserves the right to refuse an order unverified. On such an order is then deemed as not filed.

3.9 Buyer agrees to use the means of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding the purchase agreement (especially the cost of internet access, telephone costs) borne by the Buyer.

3.10 Purchase Contract, Buyer Seller undertakes to deliver the goods specified in the order and Buyer agrees to the goods from the Seller or the carrier of his choice and to pay the Seller the purchase price stated in the order. The purchase price is understood as costs associated with the delivery of goods and any fees associated with the payment method, the amount of which is listed in the web interface and will be specified in the order and its acceptance.

3.11 In the event that there is obvious technical error by the Seller at a price of goods in the web interface or over-ordering, the Seller is not obliged to deliver goods for this obviously incorrect price or if the Purchaser has sent acceptance of orders under these terms and conditions .

3.12 Seller shall notify Buyer if the price indicated for the goods in the web interface or during ordering is not active. If the buyer does not agree to a price increase, the Seller reserves the right to withdraw from the contract.

3.13. The buyer may cancel the order by the Seller as yet unconfirmed by phone or e-mail message to the contact phone number, respectively. email at the Seller. All orders received by the Seller are binding. Later cancellation of an order is only possible after agreement with the Seller. If it is thus canceled the order goods in respect of which it is to withdraw from the contract, Seller shall be entitled to reimbursement of costs already in connection with the contract incurred.

4. Payment and Delivery

4.1 In justified cases (especially for orders with a total cost of over CZK 5,000) Seller may require a deposit on the purchase price. Seller is entitled to demand payment of the full price of the goods before their dispatch or handover to the Buyer.

4.2 The buyer has the option to pay the purchase price for the goods to the seller in addition to other methods listed on the web interface: in cash on cash on delivery or bank transfer to the Seller's bank account.

Any additional payments to Buyer in connection with the above payment methods, prices of goods are listed in the web interface in order and will be listed in the order acceptance.

4.3 Payment of goods is possible in Czech crowns.

4.4 In the case of payment in cash on delivery or in cash upon personal collection of goods purchase price is payable upon receipt of goods. In the case of cashless payment of the purchase price is payable within 14 days of the purchase contract. Buyer's obligation to pay the purchase price when cashless payment at the time met the appropriate amount to the seller's account.

4.5 Goods that are in stock, the seller in case of payment on delivery usually shipped within 3 working days from receipt of order. When cashless payment Seller stock usually shipped within 3 working days after receiving the payment on your account.

4.6 Goods that are not in stock, the seller shipped as soon as possible. The exact date buyer is informed in advance.

4.7 Methods of delivery of the goods listed on the web interface. Particular delivery method will be chosen by the Buyer in the order and confirmed by the seller in order receipt. In the event that the Buyer in the order form of transport is specified, it determines the Seller.

4.8 Costs of delivering the goods, depending on the means of dispatch and receipt of goods listed in the web interface will appear in the buyer's order and the order receipt by the Seller.

4.9 In the event that the reasons for which the Purchaser must deliver the goods repeatedly or otherwise than in the agreed manner, Buyer shall pay the costs associated with such delivery.

4.10 By delivering the goods in accordance with these terms and conditions by the moment of delivery to the buyer in accordance with the contract. Unjustified refusal of goods by the Purchaser shall not be deemed failure to deliver the goods from the Seller nor for withdrawal from the Purchaser.

4.11 When accepting the goods, the Buyer is obliged to check the integrity of the package and any defects immediately notify the carrier and the Seller. Refusal to accept delivery of a faulty packaging shall not be deemed unreasonable refusal goods. By signing the delivery note (or a similar document) Buyer acknowledges that the shipment of goods meet all requirements and acknowledges that the goods complaint on grounds of infringement of container shipments is not possible.

4.12 In the event that the buyer of goods does not accept and withdraws from the contract in accordance with these terms and conditions, Seller shall be entitled to reimbursement of costs associated with the delivery of goods and storage (storage charge the Seller for each day of delay in the amount of max. 10, - CZK, a maximum total of 500, - CZK or to the purchase price if it is lower than CZK 500), as well as other costs that the Seller due to non-acceptance of goods by the Purchaser incurred, and the right to withdraw from the contract.

4.13. The buyer acquires ownership of the goods by paying the full purchase price for the goods (including costs of delivery), but not before the goods are sent. Responsibility for accidental destruction, damage or loss of the goods passes to the buyer when accepting the goods, or the moment when the buyer has an obligation to accept the goods, but in conflict with the contract did not do so.

5. Withdrawal from contract

5.1 The buyer has under § 1829 paragraph. 1 point. a) Civil Code the right to withdraw from the contract within 14 days of receipt of goods. Withdrawal from the contract, the Buyer may within that period, the contact address or contact Seller e-mail Seller. For withdrawal from the contract can use the model form provided by the seller.

5.2 Buyer acknowledges that pursuant to § 1837 of the Civil Code can not be, inter alia, to withdraw from the contract for the supply of goods that have been adjusted according to the wishes of the consumer or to his person.

5.3 The withdrawal from the purchase contract is canceled from the beginning. The goods must be returned to the seller (other than cash on delivery by the seller assumes) within 14 days from the withdrawal from the contract to the contact address in any of the seller or to the seat of the Seller. The goods must be returned to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging.

5.4 Buyer for the returned goods be accompanied by a copy of the delivery note and the invoice - the invoice, if it has been exposed, or other document proving the purchase of goods, and a written statement of withdrawal from the contract and the chosen method of refund (bank transfer, personal delivery in cash or postal voucher or otherwise). Expressing also must include a contact address, phone number and email address of the Purchaser.

5.5 Within ten days from the return of goods by the Buyer, the Seller is entitled to examine the returned goods, in particular in order to determine whether the returned goods are not damaged, worn or partially consumed. Buyer acknowledges that if the goods returned by the buyer will be damaged, worn or partially consumed, the Seller becomes entitled to damages incurred by him. Is entitled to compensation, the Seller is entitled to unilaterally against Buyer's claim for refund of the purchase price and the cost of delivery.

5.6 Seller returns to the Buyer all funds received, including costs of delivery. Seller money back within 14 days from the withdrawal from the contract by Purchaser (i) in the same way as the Buyer has taken, or (ii) how the buyer requested, (iii) while but always by sending to him communicated to the bank account or the account from which the funds were credited to the payment of the purchase price (if no buyer within 10 days from the withdrawal informs the Seller), to which the Purchaser hereby consents on the condition that he follows not incur any additional costs. If the Buyer withdraws from the contract, the seller is not obliged to return the funds received to the Buyer before the Buyer returns goods or prove that the goods sent to the Seller.

5.7 If the buyer chose different than the cheapest delivery method, which offers Seller returns to Buyer costs of delivering the goods in the amount corresponding to the cheapest offered ways of delivery.

5.8 When sending Purchaser is obliged to pack the goods in a suitable container so as not to damage or destruction. For goods substantially damaged or destroyed during transport due to improper use of packaging can not refund the purchase price and the costs of delivering the goods.

5.9 Cost of returning the goods to the Seller in the event of withdrawal from the contract the Buyer paid by the buyer, even if the goods can not be returned to their character usual postal route.

5.10 The seller has the right to withdraw from the contract in the cases specified in these terms and conditions, and if the goods are objective reasons (goods already produced, the supplier ceased to supply to the Czech Republic, significantly increasing its cost or the cost of delivery) is not possible for the original supply conditions or performance becomes objectively impossible, or if the buyer has settled all liabilities payable to the Seller on the date of issue of the order.

5.11 In the event Seller withdraws from the contract, the Seller Buyer about this fact immediately. In the event that the buyer has already wholly or partially paid the purchase price, he will be taken refunded by bank transfer to the account notified to him for this purpose by the Buyer or the account from which the funds were credited to the payment of the purchase price (if buyer not within 3 days after the resignation of the Seller informs ) within 10 days of withdrawal from the contract.

5.12 When he was with the goods given gift, gift agreement shall cease to withdrawal from the contract by either party effectiveness and the Purchaser will send the gift together with the returned goods.

6. Liability for defects

6.1 Buyer's rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914 to 1925, § 2099 to 2117 and § 2158 to 2174 of the Civil Code).

6.2 Exercise the rights of defective performance is progressing in accordance with the Complaint Procedure Seller.

7. Protection of Personal Data

7.1 Privacy purchaser who is a natural person is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.

7.2 Seller declares that it is validly registered with the Office for Personal Data Protection under the registration number xxxxx.

7.3 Buyer agrees to the collection and processing of their personal data: name, residence address and mailing and billing address differs if the residence address, identification number and tax identification number, email address and telephone number or other personal data stating in the order or to register a user account (hereinafter collectively also referred to as "personal information"), and until a written statement disagreeing with the workmanship.

7.4 Personal data processing Buyer Seller may appoint a third party as a processor.

7.5 The buyer has the right to access their personal data, the right to correct them, including other legal rights to such data. The buyer claims he was instructed that personal data may be based on written request of the Buyer removed from the database. Buyer's personal data are fully protected against abuse. Personal data Buyer Seller not to others. Exceptions are the carriers and persons involved in the delivery of goods to the Buyer, which the personal information of customers in the minimum extent necessary for the delivery of goods.

7.6 Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.

7.7 The buyer confirms that the personal information is accurate and that he was advised that it is voluntarily provide personal information.

7.8 In the event that the buyer thought the seller or processor performs the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccurate for the purpose of processing, may:
- Ask the seller or processor for explanation
- To require the Seller or the processor rectifies the situation.

7.9 If the buyer requests information regarding the processing of their personal data, the Seller shall deliver this information. The seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.

7.10. Buyer agrees to receive information related to goods, services or company e-mail address of the Seller to the Buyer. Buyer agrees to receive commercial communications by the Seller. Both Buyer consents may be revoked by sending an email through the Contact e-mail or in writing to the Seller Contact the seller's address.

7.11. Supervision of protection of personal data carried out by the Office for Personal Data Protection (http://www.uoou.cz/).

7.12. The Web interface may use technical information gathered through cookies. The use of cookies can be disabled by setting the Internet browser. If the use of cookies is disabled, does not need to be a web interface displayed in full. Using cookies can not obtain any personal information.

8. Final Provisions

8.1 If a relationship related to use of the Web site or the legal relationship of the purchase agreement includes an international element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legal regulations of other states, which offer consumers a higher level of protection.

8.2 In the event that any provision of the Terms and Conditions is invalid, ineffective or unusable (or becomes) will be used instead provision that its purpose closest invalid, ineffective or unusable provisions. The invalidity, ineffectiveness or unavailability of one provision shall not affect the validity of the remaining provisions. Change or supplement purchase contract (including terms and conditions) can only be in writing.

8.3 In matters not governed by the contract (including the order and acceptance) and the terms of trade (and possibly communications between the parties), the legal relationship of the conditions specified in the web interface. Information about individual technical steps leading to the conclusion of contract are evident from the web interface.

8.4 Unless agreed otherwise, all correspondence related to the purchase agreement must be delivered to the other Party in writing, by electronic mail, in person or by postal service (selected by the sender). The buyer is delivered to the email address specified in his user account or order or in the communication between the parties.

8.5 The seller is entitled to sell goods on the basis of trade license and the activity of the Seller shall not be subject to any other permissions. Trade inspection carried out under its authority the Trade Office. Enforcement of legislation on technical requirements for products and safety products, the Czech Trade Inspection (http://www.coi.cz/). Checking compliance with the standards imposed on food by the State Agricultural and Food Inspection (http://szpi.gov.cz/), Czech Trade Inspection also performed monitoring of compliance with consumer protection rules. Consumer rights advocates and their interest groups and other stakeholders to protect them.

8.6 Any complaints handled by the Contact Seller via e-mail or the buyer can turn to in the preceding paragraph calculated bodies. Seller is not in relation to the Buyer bound by any codes of conduct or any such does not comply voluntarily (as defined in § 1826 paragraph. 1 point. E) of the Civil Code).

8.7 Website content Seller, all of them materials (texts, photos, images, logos, etc.) and related print media (promotional brochures, advertisements etc.), including software, web interface and these terms and conditions is protected by copyright Seller and It may be protected by other rights of third parties. Content may not be the Buyer and User changed, copied, reproduced, distributed or used any third party for any purpose whatsoever without the written consent of the Seller. In particular, it is forbidden to charge or free of charge to access photos and texts placed on the web interface. In disregard of this prohibition Seller will proceed in accordance with law no. 121/2000 Coll., The Copyright Act, as amended. The names and designations of products, goods, services, and companies can be registered trademarks of their respective owners.

8.8 Web Interface can use Google Analytics provided by Google, Inc. ( "Google"). Google Analytics uses "cookies", which are text files placed on your computer Buyer and allowing web users to analyze your use web interface Buyers and Users. The information generated by the cookie about your use of the website (including your IP address) will be transferred to Google and stored on servers in the United States. Google will use this information for the purpose of evaluating your use of the Web interface and reporting on its activity for the Seller and operator of the web interface and internet usage. Google may also transfer this information to third parties if required by law, or where such third parties process the information on Google. Google will not associate the IP address of the buyer and Users with any other data that is available. Buyers and Users Web interface may refuse the use of cookies by selecting the appropriate settings in the Internet browser, but this possibly is not impossible that you can not use the full functionality web interface. By using a Web interface agrees buyer and user of the processing of data about them by Google in the manner and for the purposes set out above.

8.9 If you are a consumer and if there is a dispute between us from the contract that we can not solve directly, you have the right to turn this dispute to the Czech Trade Inspection (http://www.coi.cz/) for the purpose of court settlement of consumer dispute. This right can be exercised within 1 year from the day when you are with us for the first time exercised the right which is the subject of consumer dispute.

8.10 Seller is not responsible for errors caused by interference of third parties in the web interface or as a result of its use in conflict with its purpose. User and buyer must when using the Web Interface to use practices that could have a negative impact on its operations and must not engage in any activity that could allow him or third persons to unlawfully interfere with or use the software or other content of the Web interface and use the Web interface or a part thereof, or software equipment in a way that would be inconsistent with its intended use or purpose.

8.11. The purchase contract including terms and conditions is stored and archived by the Seller in electronic form and is not accessible to third parties (provision of these terms and the law on the provision of the purchase contract and business conditions, the Purchaser are not affected by this in any way). Purchase contract including terms and conditions provided by the Seller to the Buyer on demand in text form (in electronic form by sending an email)

8.12. If demand for business conditions and purchase agreement provided by the Seller to the Buyer without delay all necessary information.

These business conditions are valid and effective from January 1, 2017.


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