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GENERAL TERMS AND CONDITIONS
These terms and conditions apply to purchases in the online store www.gremata.cz operated by GREMATA s.r.o. from 1/1/2014.
The conditions define and specify the rights and obligations of the seller, which is the company GREMATA s.r.o., with its registered office at Svratouch 367, 53942 Svratouch, ID: 27869784, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 122985, and the buyer (customer, consumer).
All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If the contracting party is a consumer, relations not regulated by business conditions are governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is not a consumer, relations not regulated by business conditions are governed by the Civil Code (No. 89/2012 Coll.).
Definitions
The seller is the trading company GREMATA s.r.o. with registered office at Svratouch 367, 53942 Svratouch; ID number: 27869784, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 122985. GREMATA s.r.o. is a person who, when concluding and fulfilling a contract, acts within the scope of his business or other business activity. It is an entrepreneur who directly or through other entrepreneurs delivers products or provides services to the buyer.
The customer of our online store is the buyer. Due to the applicable legislation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.
A consumer buyer or just a consumer is any person who, outside the scope of his business activity or outside the scope of the independent performance of his profession, concludes a contract with an entrepreneur or deals with him in any other way.
A buyer who is not a consumer is an entrepreneur. An entrepreneur is also considered to be any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts on behalf of or on behalf of an entrepreneur
Purchase contract
If the buyer is a consumer, the proposal to conclude a purchase contract (offer) is the placement of the offered goods by the supplier on the website, the purchase contract is created by sending the order by the buyer-consumer and accepting the order by the supplier. The supplier will immediately confirm this acceptance to the buyer by an informative e-mail to the specified e-mail address, but this confirmation does not affect the formation of the contract. The resulting contract (including the agreed price) can be changed or canceled only based on the agreement of the parties or on the basis of legal reasons.
Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Send order" button.
If the buyer is not a consumer, the proposal for concluding a purchase contract is the order for goods sent by the buyer, and the purchase contract itself is concluded at the moment of delivery of the seller's binding consent to the buyer with this proposal.
By concluding the purchase contract, the buyer confirms that he has familiarized himself with these terms and conditions, including the complaints procedure, and that he agrees with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure before placing the order and has the opportunity to become familiar with them.
The period for handling claims is suspended if the seller has not received all the documents necessary for handling the claim (parts of the goods, other documents, etc.). The seller is obliged to request additional documents from the buyer in the shortest possible time. The deadline is suspended from this date until the requested documents are delivered by the buyer.

Among other things, the seller reserves the right to cancel the order or part of it before the conclusion of the purchase contract, based on an agreement with the buyer, in the following cases: the goods are no longer manufactured or delivered or the price of the supplier of the goods has changed significantly. If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address and the Purchase Agreement will not be concluded.
Rights from defective performance
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., Civil Code).
The seller is responsible to the consumer that the item has no defects upon receipt. In particular, the seller is responsible to the consumer that at the time the consumer took over the item,
• the item has the properties agreed upon by the parties, and in the absence of an agreement, such properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
• the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used,
• the quality or design of the thing corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
• is the thing in the corresponding quantity, measure or weight and
• the matter complies with the requirements of legal regulations.
If the item does not have the above-mentioned characteristics, the consumer may also request the delivery of a new item without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the consumer may only request the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the consumer has the right to have the defect removed free of charge. The consumer has the right to the delivery of a new item or the replacement of a part even in the case of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the consumer also has the right to withdraw from the contract.
If the consumer does not withdraw from the contract or does not exercise the right to the delivery of a new item without defects, to the replacement of its component or to the repair of the item, he can demand a reasonable discount. The consumer has the right to a reasonable discount even if the seller cannot supply him with a new item without defects, replace its part or repair the item, as well as in the event that the seller does not remedy the situation in a reasonable time or that the remedy would cause significant difficulties for the consumer.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.
The consumer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. If a defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt.
Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
Withdrawal from the contract
1. Withdrawal from the contract by the Buyer-consumer
If the purchase contract is concluded using means of distance communication (in an online store), the consumer has the right, in accordance with § 1829 paragraph 1 of the Civil Code, to withdraw from the contract without giving a reason within 14 days of taking over the goods (if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of acceptance of the last delivery of goods). Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.
In the event that the consumer wishes to withdraw from the contract within 14 days according to the previous paragraph, he contacts the seller and preferably states in writing that he is withdrawing from the contract, ideally with the order number, date of purchase and account number for the refund. Note: Money can also be returned in cash at the warehouse address.
Withdrawal from the purchase contract can be sent by the consumer to, among other things, the address of the seller's place of business or the seller's e-mail address info@gremata.cz
In the event that the buyer withdraws from the contract according to the previous paragraphs, the seller will return the funds received from the buyer (except for the amount representing additional costs for the delivery of the goods incurred as a result of the buyer's chosen method of delivery of the goods, which is different from the cheapest standard method of delivery of the goods offered by the seller) to 14 days from withdrawal from the purchase contract by the buyer, in the same way as the seller received them from the buyer, unless the buyer specifies otherwise. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyeror in another way, if the buyer agrees to it and it does not incur additional costs for 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.
However, the provisions of the Act on withdrawal from the contract within a period of 14 days cannot be understood as the possibility of free loan of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the performance, the consumer must hand over to the seller everything that he obtained on the basis of the purchase contract within 14 days of withdrawing from the contract. If this is no longer well possible (e.g. the goods have been destroyed or consumed in the meantime), the consumer must provide monetary compensation in return for what can no longer be issued. If the returned goods are only partially damaged, the seller can assert the right to compensation for damages against the consumer and offset his claim against the returned purchase price. In such a case, the seller is obliged to prove the resulting damage. In such a case, the seller only returns the reduced purchase price to the consumer.
On the purchase price to be returned to the buyer, the seller can include the costs actually incurred in connection with the return of the goods.
In accordance with § 1837 of the Civil Code, the consumer does not have the right to withdraw from the contract, in particular, in the case of contracts:
• about the provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the entrepreneur informed the consumer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
• on the delivery of goods or services, the price of which depends on fluctuations in the financial market, regardless of the entrepreneur's will, and which may occur during the period for withdrawing from the contract,
• about the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the entrepreneur,
• about the delivery of goods that have been modified according to the wishes of the consumer or for his person,
• about the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
• on repair or maintenance carried out at the place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than requested or delivery of spare parts other than requested,
• about the delivery of goods in closed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it,
• about the delivery of an audio or video recording or a computer program, if it has violated their original packaging,
• about the delivery of newspapers, periodicals or magazines,
• about accommodation, transport, catering or use of free time, if the entrepreneur provides these services within the specified period,
• concluded on the basis of a public auction in accordance with the law regulating public auctions, or
• about the delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such case he does not have the right to withdraw from the contract
A brief overview
• It is possible to withdraw from the purchase contract within 14 calendar days.
• The 14-day period begins the following calendar day after receiving the goods.
• If the deadline ends on a weekend or holiday, the next working day is taken as the last day of the deadline.
• Withdrawal from the purchase contract must be sent to the supplier no later than the last day of the 14-day period.
The goods can be returned later by agreement.
• The right to withdraw from the contract without giving a reason does not expire by unpacking or using the goods. Exceptions are e.g. audio and video carriers.
• The goods do not have to be returned in their original packaging, but the supplier has the right to be reimbursed for the costs associated with restoring the goods to their original condition.
• It is also possible to return used goods, but the supplier is again entitled to reimbursement of the costs associated with restoring the goods to their original condition. These costs can theoretically reach the full price of the goods.
• We will return the money no later than 14 calendar days after withdrawal from the contract, but not before we receive the returned goods (or until you prove that the returned goods have already been sent to us).
2. Withdrawal from the contract by the entrepreneur and in other cases

• The Buyer entrepreneur may be allowed by the Seller to withdraw from the purchase contract within 14 days. If the value of the purchased goods is higher than CZK 50,000 incl. VAT or if the subject of the contract is the purchase of a graphics card, such withdrawal from the contract is not possible at all.
• If the Buyer entrepreneur is allowed to withdraw from the purchase contract, then he acknowledges that the returned purchase price may be reduced by the amount by which the value of the goods has decreased.
• If the Buyer entrepreneur is allowed to withdraw from the purchase contract within a period of fourteen days and the returned goods are not in the original packaging including all components and accessories, then the Buyer entrepreneur acknowledges that the Seller reserves the right to charge for such return of goods, in such an amount, which will compensate the Seller for the costs necessary to re-introduce the goods for sale.
• Compensation for the reduction in the value of the goods or compensation for the costs of re-introducing the goods for sale will be included in the returned purchase price to the Buyer entrepreneur.
• The purchasing entrepreneur cannot withdraw from the contract due to the occurrence of a defect, nor demand the delivery of a new item if he cannot return the item in the condition in which he received it. that doesn't apply
a. if there was a change in condition as a result of an inspection for the purpose of detecting a defect in the item;
b. if the Buyer used the item before the defect was discovered;
c. if the Buyer caused the impossibility of returning the item in an unchanged condition by his actions or omissions; or
d. if the Buyer sold the thing before the defect was discovered, if he used it, or if he changed the thing during normal use; if this happened only in part and the Seller allows the Buyer entrepreneur to withdraw from the contract, the Buyer will return to the Seller what he can still return and will give the Seller compensation up to the amount in which he benefited from the use of the item.
e. if the Buyer entrepreneur does not notify the defect in time, he loses the right to withdraw from the contract.
The seller reserves the right to cancel the order for goods marked with the term "Currently unavailable" in the event that the goods can no longer be delivered or replaced with another model or if its price has changed significantly and the customer does not accept this before the purchase contract itself is formed. The seller of the customer about this situation If part or all of the order has been paid, the money will be returned to the customer's account.
Protection of personal data
Information about customers is stored in accordance with the applicable laws of the Czech Republic, in particular with the Personal Data Protection Act No. 101/2000 Coll. as amended by later amendments and regulations. By concluding the contract, the buyer agrees to the processing and collection of his personal data in the seller's database after the successful completion of the contract and until the time of his written statement of disagreement with this processing.
The buyer has the right to access his personal data, the right to correct it, including other legal rights to this data. Personal data can be removed from the database based on the customer's written request. Personal data of customers are fully protected against abuse. The supplier does not transfer personal data of customers to any other person. The exception is external carriers, to whom personal data of customers is transferred to the minimum extent necessary for the delivery of goods.
Individual contracts are archived by the operator after their conclusion, in electronic form and are accessible only to the shop operator.
The cost of using the means of communication at a distance
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.
Final Provisions
The seller handles consumer complaints via the electronic address info@gremata.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. Supervision of the area of personal protectiondata is carried out by the Office for Personal Data Protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
These terms and conditions apply as stated on the seller's website on the day the purchase contract is concluded. After its confirmation, the consumer's order is archived as a concluded contract between the buyer and the seller for the purpose of its fulfillment and other records, and its status is accessible to the buyer. The contract can be concluded in the Czech language, or in other languages, as long as this is not the reason for the impossibility of concluding it. By purchasing, the customer agrees to receive commercial communications.
These terms and conditions allow the consumer to archive and reproduce them. At the moment of concluding the purchase contract, the buyer accepts all provisions of the terms and conditions in the wording valid on the day the order is sent, including the price of the ordered goods indicated in the confirmed order, unless otherwise demonstrably agreed in a specific case.
These terms and conditions become effective on January 1, 2014