Gizmania s.r.o., with its registered office at Bubenské nábřeží 306/13, Hall no. 11, 170 00 Prague 7 – Holešovice, Company ID: 24208230, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 188745 (hereinafter referred to as the "Seller"), hereby publishes its General Terms and Conditions (hereinafter also "GTC"), which apply to the purchase of goods offered by the Seller in its online store – e-shop at the website https://www.gizmania.cz/ (hereinafter referred to as the "Site").
These GTC shall also apply mutatis mutandis to the purchase of goods in the Seller's physical stores, if the nature of the relationship so requires – in particular for the regulation of liability for defects – claims.
GENERAL TERMS AND CONDITIONS
I. GENERAL PROVISIONS
By placing an order, the Buyer accepts these GTC of the Seller for the regulation of the mutual rights and obligations of the parties in the relationship arising from the sale of Goods by the Seller. The relationships between the Buyer and the Seller are governed by these GTC, which are binding for both parties unless expressly stipulated otherwise in the concluded contract. The GTC define the rights and obligations of the Seller and its customers (buyers) and, in their current version, form the content of the purchase contract (for the supply of goods) or are an integral part thereof. Rights and obligations not expressly regulated by these GTC shall be governed by the provisions of the relevant legal regulations, in particular the Civil Code (Act No. 89/2012 Coll.), as amended.
II. INFORMATION OBLIGATION
The Seller hereby informs the buyers, and by placing an order, the buyers confirm that they have been and are informed by the Seller of the following:
(i) identity of the Seller: the Seller is the company Gizmania s.r.o., with its registered office at Bubenské nábřeží 306/13, Hall no. 11, 170 00 Prague 7 – Holešovice, Company ID: 24208230, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 188745.
(ii) designation of the goods or services (hereinafter referred to as "Goods") and a description of their main characteristics: stated on the Site individually for each Good, or by reference – a link to other websites (manufacturer/distributor, etc.),
(iii) price of the Goods including all taxes, fees and other similar monetary payments: always stated for individual Goods and is final, and the Seller is not entitled to increase it unilaterally in any way; if the nature of the Goods does not allow this price to be reasonably determined in advance, a specific method for its calculation is always stated for the Goods,
(iv) payment method (including any obligation to pay deposits): always stated with the option for the Buyer to choose for individual Goods; the choice from the offered payment methods for the Goods is up to the Buyer, and the chosen payment method cannot subsequently be changed without the Seller's consent,
(v) method of delivery or performance of the Goods: always stated with the option for the Buyer to choose for individual Goods; the choice from the offered methods of delivery/transport is up to the Buyer, and the chosen method of delivery cannot subsequently be changed without the Seller's consent,
(vi) time of delivery or performance of the Goods: the offer of Goods on the Site indicates whether the Goods are available,
(vii) costs of delivery of the Goods: always stated for individual methods of delivery of the Goods; by choosing the method of delivery of the Goods, the Buyer simultaneously selects and agrees to the relevant costs – the price that must be paid for the delivery of the Goods,
(viii) information on the existence of rights from defective performance, or where applicable, on the quality guarantee, after-sales service and their conditions: the Buyer has rights from defective performance and the Seller provides service under the conditions stated further in these GTC, in particular in Article X of these GTC,
(ix) that the Seller stores the content of orders leading to the conclusion of a contract for the supply of Goods with the Buyer in a digital and protected form, including personal and other data provided by the Buyer, and uses current technical measures corresponding to currently used standard technical systems and security for their protection; the Buyer is entitled to request information about the currently used technical means at any time, and the Seller will disclose these to the Buyer upon request to an extent sufficient to inform the Buyer without endangering the trade secrets and other confidentiality of the Seller's information,
(x) that the digital content of orders and other possible data stored by the Seller is compatible (and usable) with commonly used
(i) hardware, i.e., personal computers on PC platforms – personal computer and Mac – by Apple and
(ii) software – commonly used office systems, i.e., in particular the Microsoft Office office suite – currently used (especially word, excel formats, etc.), Acrobat reader (especially PDF format), common web/internet formats (html format). In accordance with relevant legal regulations, the Seller discloses the above formats and names in an effort to provide clear information in a commonly used form,
(xi) costs for means of distance communication, where no additional costs, fees, etc., are associated with the use of the Site, with the exception of necessary internet connection fees, which are paid by the Buyer depending on the internet connection service they use,
(xii) the possibility of withdrawal, where the Buyer has the right to withdraw from the purchase contract for Goods without giving any reason within 60 days from the date of receipt of the Goods (or its last part), as stated further in Article IX of these GTC,
(xiii) that the Buyer is entitled to send complaints to the Seller using any form of communication used by the Seller and on any matter, and the Seller will deal with them and do everything to resolve them; the Seller may use an automated communication system for handling complaints; the Buyer may further contact a supervisory or state oversight authority with a complaint, which is (a) the Czech Trade Inspection Authority (www.coi.cz) – for consumer protection, (b) trade licensing offices (www.statnisprava.cz) – supervision over compliance with obligations in the field of trade and services, (c) the Office for Personal Data Protection (www.uoou.cz) – protection of personal data; in the event that the parties do not reach an amicable settlement of their disputes, either party may apply to the competent court,
(xiv) that the order, or the purchase contract resulting therefrom, will be stored by the Seller and the Seller will allow the Buyer access to it upon request, and that at the latest by the moment of delivery of the Goods, it will send/export to the Buyer, to their e-mail address according to the order, a confirmation of the concluded purchase contract corresponding to the order of Goods made by the Buyer,
(xv) that the order and other steps leading to the conclusion of the contract and the Site itself are in the Czech language,
(xvi) that the contract is concluded by filling in the necessary data – by ordering the Goods via the Site, i.e., by filling in the necessary data within the order/e-shop form and confirming it/ordering the Goods on the Site by confirming/clicking the "Buy now" button,
(xvii) in case of discovering errors made during data entry before confirming/sending the order, the Buyer can correct them in the same way the relevant data were entered,
(xviii) that the Buyer is entitled to download the text of these GTC from the Site in a text-based format, in addition to the order of the Goods/contract for their purchase,
(xix) in the event that for any reason (error, etc.) the provisions of these GTC deviate from statutory provisions for the protection of buyers – consumers, then they shall be disregarded; this also applies in the event that the Buyer waives a special right granted to them by law,
(xx) that the Seller ensures that reviews originate from the Buyer by only publishing product reviews from buyers who have actually purchased the given Goods (have a delivered or picked-up order); only reviews from the Buyer from the contact e-mail they provided in the delivered/picked-up order for the Goods, and regarding the Goods thus delivered, or from a buyer logged in via their customer account on www.gizmania.cz, and also only regarding the goods they purchased, are included; verification of the above facts takes place via an automated system,
(xxi) the Seller may display recommendations/recommended Goods on the Site based on an algorithm calculation that takes into account the sales season, the date of commencement of sales of the Goods, current stock availability of the Goods, the number of units of Goods ordered, the rating of the Goods, the number of views of the given Goods on the Site, assignment of the Goods to product subcategories within the Seller's catalog, price margins, and partner marketing events; the relative weight of individual categories is the same, with a possible deviation of +/- 20% for individual categories; the Seller is entitled to adjust the above categories without publishing them here; upon the Buyer's request, the Seller will disclose the specific categories used and their weight.
III. SUBJECT OF THE CONTRACT AND ITS CONCLUSION
3.1 Through the e-shop on the Site, the Buyer has the opportunity to purchase Goods offered by the Seller, i.e., to conclude a purchase contract with the Seller for the purchase of the Goods (hereinafter also "Contract").
3.2 The purchase of Goods via the Site is offered by the Seller as part of its retail activity and is not intended for the sale of Goods for the purpose of their resale as part of the Buyer's business activity. In the event that the Buyer wishes to purchase goods for the purpose of carrying out their business – economic activity, they must contact the distribution company Scoot Trade s.r.o., which is a subsidiary of Gizmania s.r.o.
3.3 The Contract between the Buyer and the Seller is concluded by filling in the necessary data concerning the specification of the Goods (identification of the Goods, size, color design, etc.), determination of the payment method for the Goods, determination of the delivery method for the Goods, specification of the Buyer, and potentially other necessary data according to the current form for placing an order/concluding the Contract. The Buyer is obliged and at the same time entitled to check the filled-in data before the final sending/confirmation of the order for the Goods and to correct/adjust these data in the same way they were entered. After confirming/sending the order, which occurs at the moment when the Buyer confirms/clicks the "Buy now" button, the data can no longer be changed, the order is binding, and the Contract has been concluded, with the exception of the point stated below.
3.4 Depending on the nature of the transaction, which is not standard (quantity of Goods, price amount, transport costs, distance, etc.), the Seller is entitled to ask the Buyer to authorize/confirm the order in another suitable way (other than its confirmation on the Site), e.g., by phone or in writing. If the Buyer refuses to authorize the order in the requested manner, the order is considered as not performed and the purchase contract as not concluded.
3.5 In the event that the Buyer does not pay the purchase price according to the executed order/concluded Contract, the Goods will not be delivered by the Seller and the Contract/order will be canceled.
3.6 In justified cases, the Seller also allows the conclusion of a Contract via other means of distance communication than the Site, i.e., in particular via e-mail communication with the Seller or by telephone, etc. In this case, the Contract is concluded only at the moment when:
(i) the Buyer receives from the Seller, via distance communication (especially e-mail correspondence), a summary of all essential terms of the Contract, i.e., specification of the Goods, price, delivery method for the Goods, delivery costs for the Goods, payment method, etc., and at the same time
(ii) the Buyer does not refuse within 12 hours of receiving the above summary of the Contract via an e-mail message using the contact form, stating any order number or other data determined by the Seller for identifying the order.
3.7 The Seller is not liable for the fact that the Buyer did not receive the relevant electronic communication, or the ordered Goods, if they were delivered to addresses provided by the Buyer, but a third party who accepted or refused the delivery, etc., has (only/also) the right to these addresses. The Seller is neither able nor authorized to verify and check the correctness of the data entered by the Buyer when ordering Goods. The Buyer is responsible for the accuracy and correctness of the filled-in data and bears all risks associated with the data they entered when ordering the Goods.
3.8 The Seller is entitled to use technical/digital means to protect against the automatic (not human) filling of order forms.
3.9 The Contract between the Seller and the Buyer is concluded based on the proper/correct filling in of the order form in all mandatory fields (filling in optional fields is at the Buyer's discretion) on the Site and the final confirmation/sending of the order by the Buyer, which occurs upon confirming/clicking the [Buy now] button; the Seller will confirm to the Buyer via means of distance communication the receipt of the order (in particular via an e-mail message to the address provided by the Buyer).
3.10 The subject of purchase/sale according to the Contract are only the items of Goods expressly stated in the order/Contract, unless otherwise agreed between the Buyer and the Seller.
3.11 The Buyer acknowledges that with regard to the realization of purchases via the Site (and also in stores) and the updating of relevant data on the Site, it may happen that the Goods ordered by the Buyer are already sold out (even though they are still listed as available on the Site). In this case, the Seller will inform the Buyer of this fact immediately after discovering it. Unless the parties agree otherwise within 2 days (on extending the order deadline or another change to the order), the Contract terminates and neither party is entitled to demand any compensation, etc., from the other party.
3.12 By concluding the Contract, the Seller undertakes to supply the Buyer with:
- flawless goods in accordance with the specification stated on the Site in the description of the Goods, or in the order for the Goods, or with characteristics customary for the given type of Goods,
- compliant with all standards, regulations and orders valid in the territory of the Czech Republic,
- equipped with Czech operating manuals and lists of repair centers, if this is customary for the given type of Goods,
- a tax document (invoice) is physically inserted in paper form into the shipped package with the goods and/or sent in electronic form to the e-mail address from which the order was made.
3.13 At the Buyer's request, the Seller will issue a document on the purchase of the Goods, stating the date of sale, description of the Goods, price of the Goods, place of delivery, date of delivery, together with the Seller's identification details. The Seller will also fulfill this by sending a copy of the order for the Goods. At the same time, the Seller will deliver to the Buyer, no later than the moment of delivery of the Goods, a confirmation of the concluded purchase contract corresponding to the order for the Goods made by the Buyer, to the e-mail address according to the Buyer's order.
3.14 The Buyer has the opportunity to withdraw from a concluded Contract (cancel or change the order) in the event that, no later than 2 hours after the conclusion of the Contract (confirmation of the executed order) or before the order is delivered to the packaging line, they notify the Seller of this fact by filling in the contact form here or on the Contacts page.
IV. PLACE OF PERFORMANCE/DELIVERY
4.1 The place of performance – delivery of the Goods is the place determined by the Buyer in the order/Contract. The Seller delivers to all delivery addresses in the Czech Republic and Slovakia.
4.2 The Goods are delivered from the warehouse, or from selected stores of the Seller. The address of the warehouse and the store is: Gizmania s.r.o., Bubenské nábřeží 306/13, Hall no. 11, 170 00 Prague 7 – Holešovice.
4.3 The contact point within the e-shop is the Seller's customer center at the address: Gizmania s.r.o., Bubenské nábřeží 306/13, Hall no. 11, 170 00 Prague 7 – Holešovice.
4.4 Ownership of the Goods passes to the Buyer upon delivery of the Goods to the address provided by the Buyer (regardless of who accepted the Goods).
4.5 In the event that the Buyer orders Goods for a third party (contract for the benefit of a third party), the third party acquires rights to the Goods upon their acceptance (and becomes their buyer with all rights and obligations). In the event that the third party refuses the Goods, the Buyer acquires rights to the Goods and the Contract remains in force between the Buyer and the Seller. If the Buyer sells the goods to a third party, the third party does not acquire any rights against the Seller.
4.6 We recommend that the Buyer properly and thoroughly check and inspect the Goods upon receipt. In the event that they find a defect in the Goods or find any other discrepancy with the order, we ask the Buyer to notify the Seller of this without undue delay in the manner stated below for exercising claims regarding defects in the Goods (claims).
4.7 Personal collection: The Seller may allow personal collection of the Goods at selected stores of the Seller; this fact will be stated on the Site within the order form as an option for personal collection. For personal collection of the Goods, the Buyer will receive an SMS informing them of the possibility of picking up the order.
V. PRICE
5.1 The purchase prices of the Goods stated on the Site are valid at the time of ordering the Goods/conclusion of the Contract, which occurs by confirming/clicking the [Buy now] button. The Seller reserves the right to change prices before the conclusion of the Contract, i.e., even while searching for Goods on the Site, and even if the Goods have been added to the shopping cart, etc.; the final price of the Goods is always clearly stated before confirming/clicking the [Buy now] button.
5.2 In the event of a typographical error in the price of the Goods, the Goods are sold at the correct price if the error was obvious; in the case of a non-obvious but provable typographical error, the Contract is not concluded.
5.3 The purchase price is considered paid, with regard to the choice of payment method, only upon the crediting of the full purchase price for the Goods to the Seller's account, or by payment in cash at the Seller's cash register, or to the transport company in the case of payment on delivery.
5.4 The purchase price stated on the Site within the order and the concluded Contract is the final price for the purchase of the Goods (the price for (i) delivery and (ii) payment method is stated separately), including all taxes, fees, etc., unless expressly stated otherwise on the Site and within the order/Contract (price for specific packaging, etc.).
5.5 The Seller is not obliged, but is entitled, to deliver an invoice or other document related to the price (and its payment) to the Buyer. The document regarding the amount of the price and the obligation for its payment agreed between the Seller and the Buyer is the order/Contract.
5.6 The date of taxable supply is considered to be the day of delivery of the Goods, unless otherwise stipulated by the relevant legal regulation.
5.7 The Buyer is obliged to pay the purchase price in the manner they have chosen, including the price for the method of delivery of the Goods they have chosen and the price for the chosen payment method.
VI. DELIVERY TERMS
6.1 The Seller delivers the Goods within the timeframe stated on the Site, Delivery section.
6.2 The Goods are delivered via the method of delivery chosen by the Buyer, with the understanding that the Goods are handed over to the selected carrier (delivery method) and delivered by them within the timeframe stated on the Site. The final time for delivery of the Goods depends on the method of delivery of the Goods chosen by the Buyer. The deadline for delivery of the Goods may be determined by a certain interval. The specific delivery time will be communicated to the Buyer by the chosen carrier.
6.3 If the deadline for delivery for the Goods is not specifically stated, then it is 30 days from the sending of the order/conclusion of the Contract and payment of the agreed price of the Goods, including the price of transport and the payment instrument. In the case of a deadline determined by days, it applies that these are working days, unless stated otherwise.
6.4 The delivery period for the Goods begins on the day the order is placed/the Contract is concluded, and in the case of choosing a method of payment for the delivery of the Goods other than upon receipt of the Goods, from the moment the payment for the delivery of the Goods is made.
6.5 The delivery period for the Goods may be extended appropriately to the circumstances if the delay is caused by force majeure or circumstances not caused by the Seller, but the delivery period shall be a maximum of 30 days.
6.6 If the Seller cannot deliver the Goods within the specified period, they shall notify the buyer of this fact without undue delay. If the parties do not agree otherwise within five (5) days (on an extension of the delivery date or another change to the order), the buyer may withdraw from the contract and neither party shall be entitled to demand any compensation, etc., from the other party.
VII. COSTS OF DELIVERY OF GOODS
7.1 In addition to the purchase price, the buyer is obliged to pay the Seller the costs/price for the delivery of the Goods in the same manner as the purchase price for the Goods, at the price stated for the chosen method of delivery of the Goods.
7.2 The price for delivery – transport of the Goods differs according to the method of delivery of the Goods chosen by the buyer and includes all taxes (especially VAT), fees, etc.
7.3 The current price for the delivery of the Goods includes VAT and is always stated for each individual delivery method. With regard to possible changes in delivery prices (carriers), these prices are not listed and updated here, but always with the Goods on the Site.
7.4 The Seller may – according to the information provided for the delivery of the Goods – deliver certain Goods free of charge or at discounted prices from a certain purchase price threshold.
VIII. PAYMENT METHOD
8.1 The buyer is obliged to pay the price for the Goods, i.e., the purchase price, the price for the delivery of the Goods, and the price for the chosen payment method, or any other agreed prices or fees, using one of the methods made available by the Seller that is offered for the specific Goods, i.e., in particular:
(i) so-called cash on delivery – i.e., in cash upon receipt of the shipment,
(ii) online payment via the payment system used by the Seller
(iii) bank transfer
IX. WITHDRAWAL FROM THE CONTRACT WITHOUT GIVING A REASON, EXCHANGE OF GOODS
9.1 The buyer has the right to withdraw from the contract for the purchase of Goods concluded via the Site/from the purchase of Goods realized via the Site (means of distance communication) without giving a reason under the conditions stated below.
9.2 The buyer has the right to withdraw from the Contract realized via the Site even without giving a reason, within a period of 60 days from the day of receipt of the Goods.
9.3 The buyer shall deliver the written notice of withdrawal to the Seller together with the goods intended for return:
(i) by mail to the address Gizmania s.r.o., Bubenské nábřeží 306/13, Hala č. 11, 170 00 Praha 7 – Holešovice,
(ii) via the form on the Site, (Withdrawal from the purchase contract); the buyer shall insert the form together with the invoice into the package,
(iii) by another suitable method - e.g., by filling out the contact form on the Site.
9.4 The withdrawal period is observed in the event that the notice of withdrawal from the contract is sent before the expiration of the relevant 60-day period.
9.5 If the buyer withdraws from the Contract, they shall send or hand over to the Seller, without undue delay, no later than 14 days from sending the notice of withdrawal from the contract, the Goods that they received from them. In case of doubt as to whether the Goods were purchased from the Seller, the buyer is obliged, upon the Seller's request, to prove that it is Goods purchased from the Seller under the Contract from which they are withdrawing. The buyer shall return the Goods to the Seller at the address Gizmania s.r.o., Bubenské nábřeží 306/13, Hala č. 11, 170 00 Praha 7 – Holešovice; the Goods shall be sent back as an ordinary shipment. Cash on delivery will not be accepted! The buyer may also return the Goods to any of the Seller's stores.
9.6 The Seller shall return to the buyer, without undue delay, no later than 14 days from the receipt of the Goods or the delivery of proof by the buyer that they have sent the Goods, whichever occurs first, all monetary funds including delivery costs received from them based on the Contract, in the same manner as received, unless the parties agree otherwise. The Seller shall return the received monetary funds to the buyer in another manner only if the buyer has agreed to it and if it does not incur additional costs for them. The buyer may choose the method of refund: either (i) by return to a payment card, (ii) by return to a PayPal account, (iii) by transfer to a bank account, the number of which they state in the withdrawal notice, or (iv) in person at the Seller's stores.
9.7 If the buyer chose a delivery method other than the cheapest one offered by the Seller, the Seller shall refund the buyer for the costs of delivery of the Goods in the amount corresponding to the cheapest offered method of delivery of the Goods. In the event that the Buyer withdraws from the Contract only in respect of a part of the Goods (the buyer purchased multiple Goods within one Contract/order and is withdrawing/returning only some Goods) and the shipping price for all Goods was determined/agreed within one Contract/order as a single amount for all Goods, then the Seller shall not refund the paid shipping price for the Goods to the buyer (such shipping price is refunded only if the buyer withdraws from the entire Contract, i.e., all Goods purchased within one Contract/order).
9.8 If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the Seller.
9.9 In the event that the Goods are returned after withdrawal from the Contract already used, damaged, soiled, or without the documents supplied with the Goods, then the buyer is liable to the Seller for the reduction in the value of the Goods resulting from handling these Goods in a manner other than that which is necessary to familiarize oneself with the nature, properties, and functionality of the Goods (hereinafter "Compensation"). The Seller shall exercise the claim for Compensation against the buyer by sending them the financial funds received from the buyer for the purchase of the Goods reduced by the Compensation, or if the reduction in value is discovered only after the refund of the purchase price, the Buyer is obliged to pay the Compensation to the Seller within ten (10) days after the request for payment.
9.10 In the event of withdrawal from a Contract, the subject of which is the provision of a service, and the performance of the service was commenced at the buyer's request before the expiration of the withdrawal period, the buyer is obliged to pay for the price of the services provided up to the moment of withdrawal.
9.11 For the first exchange of goods, the Seller does not charge the Buyer any fees for packaging and postage. The exchange of goods can be carried out at any of the Seller's establishments, always at a total price for the product equal to or higher than the purchase price of the original product. In the event that the price of the new product is higher, the difference in price will be paid by the Buyer directly at the place of exchange. The returned goods must be in their original packaging, unused, undamaged, including any accessories, and capable of being resold. The buyer shall present the purchase receipt for the returned goods.
X. LIABILITY FOR DEFECTS, WARRANTIES, EXERCISE OF DEFECTS (COMPLAINTS)
10.1 Liability for defects, warranties, and the exercise of defects are described in the Complaints Procedure, which is an integral part of these Terms and Conditions.
XI. OTHER ARRANGEMENTS
11.1 In the event that the Seller provides the buyer with additional benefits associated with the purchase of Goods, such as, for example, the exchange of Goods within longer periods, etc., these benefits and the associated additional obligations apply under the conditions agreed upon at the time of the purchase of the Goods and the conditions stated by the Seller in the relevant materials.
11.2 For the exercise of the buyer's claims, the corresponding provisions of these T&Cs shall be applied appropriately, as well as any customary trade practices applicable to the realization of the buyer's rights, taking into account the protection of the buyer as a consumer.
11.3 Out-of-court settlement of consumer complaints is provided by the Seller via the contact form below. Information about the handling of the buyer's complaint will be sent by the Seller to the Buyer's email address.
XII. FINAL PROVISIONS
12.1 These T&Cs are valid in the version stated on the Seller's Site on the day the order is placed/the Contract is concluded, unless otherwise agreed in writing between the participants. If the buyer sends an order/if a Contract is concluded after the day on which the T&Cs were changed, the T&Cs in the current version apply.
12.2 The Seller is entitled to change these T&Cs at their own discretion, with the understanding that the change of T&Cs will always be published on the Site, or the T&Cs in the current version will always be listed on the Site.
12.3 Buyers may download and save these T&Cs at any time.
These terms and conditions are valid from 6. 1. 2023.