This site uses cookies to provide services, customize ads, and analyze traffic. By using this site you agree to this.

Learn more

Terms of sale

GAMEMAT.EU

Business Terms and Conditions

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

Tax ID No.: 05066425, with a registered office at Pod Bani 2146/8, 180 00, Prague 8, Czech republic incorporated in the Companies Register administered by Prague Metropolitan Court, Section C, File 257779 (hereinafter referred to as the “Seller”) regarding the sale of goods by means of an on-line store situated at the address www.gamemat.eu (hereinafter referred to as the “Business conditions”).


 

  1. Initial provisions

  1. Pursuant to the stipulation of Section 1751, Subsection 1 of Act No. 89/2012 Sb., the Czech Civil Code, as amended (hereinafter referred to as the “Civil Code”), these Business conditions regulate the mutual rights and obligations of the contracting parties, occurring in association with or based on the purchase contract (hereinafter referred to as the “Purchase contract”) entered into by and between the Seller and another person (hereinafter referred to as the “Purchaser”), by means of an Internet store operated on a website situated at the Internet address <www.gamemat.eu> (hereinafter referred to as the “Internet store”). The Business conditions further regulate the rights and obligations of the contracting parties in using the Internet store and other related legal relations. The stipulations of the Business conditions form an inseparable part of the Purchase contract. The Purchase contract and the Business conditions have been elaborated and are being entered into in English language. After being entered into, the Seller stores the Purchase contract in order to ensure its successful performance, but nevertheless, the Seller does not pledge to allow for the repeated access to the Purchase contract entered into.

  2. Other details, especially contact details regarding the Seller, are published in the Internet store in the section “Contacts”.

  3. A consumer or an entrepreneur is the Purchaser.

    1. A consumer is every natural person entering into a Purchase contract with the Seller, or acts in another way, outside the framework of his entrepreneurial activity, or outside the framework of his independent work performance.

    2. An entrepreneur is a person performing his own work in an entrepreneurial or similar way with the aim to do it systematically in order to achieve profit. An entrepreneur is also every person entering into contracts associated with his own business, manufacturing or similar activities or within the framework of performing his work, or eventually a person acting on behalf of an entrepreneur or on account of an entrepreneur.

  4. Stipulations deviating from the Business conditions may be regulated in the offer of goods of the Seller, situated in the Internet store or in the Purchase contract. Any such deviating stipulations prevail over the Business conditions.

  5. The Seller may change or amend the wording of the Business conditions unilaterally. This stipulation does not affect the rights and obligations occurring throughout the validity of the previous wording of the Business conditions in any way. The Purchaser hereby agrees with the current wording of the Business conditions upon each individual conclusion of the Purchase contract.

 

  1. Entering into the Purchase contract, payment conditions, transport and delivery

  1. The Internet store offers the goods of the Seller, i.e. especially the collector items and accessories for the modellers, including the information on the price of goods, or eventually on other qualities. The prices of goods in the Internet store are given including the value added tax in case of deliveries within the European Union. In case of delivering goods outside the European Union, the prices are given without the value added tax. The prices given according to the previous sentences include packaging and manipulation fees, and they apply throughout the display period in the Internet store. Transport costs are added to the price of goods, according to Section 2 of this Chapter. The offer of goods in the Internet store is informative only, and the Purchaser is not obliged to enter into the Purchase contract with respect to it. The stipulations of Section 1732, Subsection 2 of the Civil Code shall not be applied. It is impossible to combine any eventual discounts provided by the Seller to the Purchaser.

  2. The Seller adds transport costs to the price of the goods, the amount of which depends on the type of transport selected by the Purchaser.

  3. The transport costs of the goods are charged according to the tariff of the selected carrier.

  4. The Purchaser agrees with using remote communication means when entering into the Purchase contract.

  5. To order the goods, the Purchaser shall select the particular goods offered in the Internet store and fill in the order form, i.e. especially the information on the goods being ordered, the means of settling the Purchase price and of delivery (hereinafter referred to as the “Order”). Prior to sending the Order to the Seller, the Purchaser has a chance to check and amend the data contained in the Order, also with respect to the Purchaser’s chance to find and correct any errors occurring in submitting the data in the Order. The Purchaser sends the Order to the Seller by clicking the “[Order goods] button“. The Data stated in the Order shall be considered as correct by the Seller. The Seller shall confirm the receipt of the Order immediately upon receiving it to the electronic mail address provided by the Purchaser in the Order. The Seller is entitled to require from the Purchaser a late confirmation of the Order (e.g. in writing or by phone), depending on the nature of the Order.

  6. The Seller may allow the Purchaser to create his own user account in the Internet store. The Purchaser is responsible for the accuracy and truth of data stated in the Order and/or in the user account. The Purchaser is obliged to immediately inform the Seller about any eventual changes in such data. The Purchaser is not entitled to yield the login data for the user account to any third person, or to allow any third person to use his user account. The Purchaser hereby acknowledges the fact that the user account or the Internet store may not be accessible at all times, and that in case of long-term idleness of the user account or in case of violating these Business conditions, the Purchaser may abolish the user account completely.

  7. The Purchase contract between the Seller and the Purchaser is being entered into by the delivery of the Order acceptance, which is sent by the Seller to the Purchaser via electronic mail to the Purchaser’s electronic mail address. The Purchase contract is not being entered into in case the Seller informs the Purchaser within one business day after receiving the Order that the goods specified in the Order is no longer in store.

  8. The price of the goods from the Purchase contract together with any eventual costs associated with the delivery of the goods from the Purchase contract (hereinafter referred to collectively as the “Purchase price”) must be settled by the Purchaser in one of the following ways:

 

    1. By a payment card or by means of a PayPal account via the PayPal payment gateway;

    2. By a cashless transfer onto the account No. 2601006554/2010, administered by Fio banka, a.s. (for Orders from the Czech Republic) (hereinafter referred to as the “Seller’s account”);

    3. By a cashless transfer onto the account IBAN: CZ5320100000002901006556, BIC: FIOBCZPPXXX administered by Fio banka, a.s. (for Orders from the European Union) (hereinafter referred to as the “Seller’s account”);

    4. By a cashless transfer onto the account IBAN: CZ4120100000002201006563, BIC: FIOBCZPPXXX administered by Fio banka, a.s. (for Orders from the United States of America) (hereinafter referred to as the “Seller’s account”);

    5. By a cashless transfer onto the account IBAN: CZ2520100000002801006559, BIC: FIOBCZPPXXX administered by Fio banka, a.s. (for Orders from Great Britain) (hereinafter referred to as the “Seller’s account”);

    6. By a cashless transfer onto the account IBAN: CZ3520100000002101006558, BIC: FIOBCZPPXXX administered by Fio banka, a.s. (for Orders from Poland) (hereinafter referred to as the “Seller’s account”).

 

  1. The Purchaser is obliged to settle the Purchase price no later than within five (5) days after entering into the Purchase contract, which does not affect the stipulation of Chapter II., Section 2. In case of a cashless payment, the Purchaser is obliged to state the variable symbol identifying the payment, which is assigned to him by the Seller in the order confirmation. In case of a cashless payment, the pledge of the Purchaser to settle the Purchase price is met as of the moment of the Purchase price being added to the Seller’s account. The stipulations of Section 2119 of the Civil Code shall not be applied.

  2. The Seller is entitled to require the settlement of the Purchase price prior to sending the goods to the Purchaser, especially in case the Purchaser fails to confirm the Order according to the last sentence of the stipulation in Chapter II., Section 5 of these Business conditions.

  3. The Purchaser shall acquire the ownership rights to the goods by settling the full price of goods from the Purchase contract.

  4. The Seller is a payer of the value added tax. The Seller shall issue a tax document for the Purchaser – an invoice after settling the Purchase price, and send it to the electronic mail address stated by the Purchaser in the Order.

  5. The means of transport regarding the goods being the subject of the Purchase contract shall be selected by the Purchaser out of options provided by the Seller. The Purchaser shall bear the risks associated with such means of transport, including any eventual additional costs of the selected means of transport.

  6. In case the Purchaser refuses to accept the goods, or if he repeatedly fails to react to prompts to pick up the goods, and in consequence, the goods is returned back to the Seller, the Seller shall be entitled to request remuneration of costs of the previous failed delivery from the Purchaser in case of any eventual next Order of the Purchaser. In case the Purchaser fails to settle the costs incurred by the Seller in consequence of the previous unsuccessful delivery of the goods, the Purchaser shall be entitled to refuse to enter into a Purchase contract.

  7. Upon accepting the goods from the carrier, the Purchaser is obliged to check the integrity of the package and to immediately report to the carrier any eventual defects. The Purchaser is not obliged to accept the goods from the Carrier in case of finding any package violation documenting an unauthorized infringement in the package. By signing the bill of delivery, the Purchaser confirms that the package met all the prerequisites, and the Seller shall not consider any eventual later claims for a violated package of the goods.

  8. The time for the goods’ delivery depends on the type and amount of the ordered goods and on the current workload of the Seller. The time for the goods’ delivery is given for each individual item of goods situated in the Internet store. The Purchaser hereby acknowledges the fact that the given time is only for orientation purposes.

  9. None of the given delivery terms may be considered as a fixed term in terms of Section 1980 of Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), unless the term is marked as such explicitly and negotiated with the Seller.


 

  1. Withdrawal from the Purchase contract

  1. The following section shall only be used in cases when the Purchaser is a consumer in terms of Chapter I. 3. a. of these Business conditions. If the Purchaser is a consumer:

    1. He may withdraw from the Purchase contract within 14 days after accepting the goods or the last part of delivery, regardless of the means of accepting the goods or the realization of payment.

    2. He is entitled to withdraw from the Purchase contract at any time prior to the delivery of goods.

    3. The Purchaser must send his withdrawal from the Purchase contract to the Seller within the time limit specified in part i. of this section. The Purchaser is not obliged to state the reason why he withdraws from the Purchase contract. To simplify the communication, it is suitable to state in the withdrawal the date of purchase or the number of contract/sale document, bank account and the selected means of returning the goods. The Purchaser may withdraw from the contract by means of a sample form for the withdrawal from contract, which forms an attachment to these Business conditions. The Seller shall confirm receiving it in a text form to the Purchaser.

    4. Following the withdrawal, the Purchaser is obliged to sell the received goods to the Seller without undue delay, no later than 14 days after the withdrawal. The value of the goods (with respect to its nature and properties) sent back by the Purchaser to the Seller must not be decreased. The goods should by returned to the Seller (not COD) complete, preferably in the original package, and if it was provided with an originality seal or another protective feature, then also containing the said seal or feature.

    5. The Seller is obliged to return to the Purchaser the sum fully corresponding to the Purchase price for the goods and the paid costs for its delivery within 14 days after the withdrawal from the Purchase contract, in a way corresponding to the way in which he received the payment from the Purchaser. If the Seller offers several options within the framework of a specific means of delivering the goods, he is obliged to remunerate the cheapest option to the Purchaser. The Seller is entitled to withhold the return of the payment until the Purchaser returns the goods or documents the sending of the goods.

    6. The costs of returning the goods shall be borne by the Purchaser, even in case it is impossible to return the goods in the usual mail.

    7. If the returned goods are damaged, the Seller shall be entitled to claim a compensation for the reduced value of goods and to include it in the returned sum.

    8. The Purchaser hereby acknowledges the fact that the right to withdraw from the Purchase contract does not apply, among other things, to the delivery of goods customized according to the Purchaser’s preferences, pursuant to the stipulations of Section 1837, Letter d) of the Civil Code.

    9. In cases when the Purchaser is entitled to withdraw from the Purchase contract pursuant to Section 1829, Subsection 1 of the Civil Code, the Seller shall also be entitled to withdraw from the Purchase contract at any time until the Purchaser accepts the goods. In such case, the Seller shall return the purchase price to the Purchaser without undue delay via a cashless transfer onto the account specified by the Purchaser.

    10. If the Purchaser receives a present together with the goods, the deed of gift between the Seller and the Purchaser is entered into with a resolutory condition claiming that if the Purchaser withdraws from the Purchase contract, the deed of gift regarding such present ceases to apply and the Purchaser is obliged to return the present together with the goods.

  2. If the Purchaser is not a consumer, he may only withdraw from the Contract in writing under the conditions negotiated separately between the Purchaser and the Seller, or if stipulated by law.


 

  1. Rights from non-performance

  1. The rights and obligations of the contracting parties regarding the Seller’s liability for defects abide by the respective generally binding regulations.

  2. If there are defects in the accepted goods (e.g. it lacks the negotiated or rightfully expected properties, it is not suitable for the common or negotiated purpose, it is incomplete, its amount, level, weight is not corresponding or the quality fails to correspond to other legal, contractual or pre-contractual parameters), these defects are within the responsibility of the Seller. This does not apply to goods sold at a lower price due to a defect for which the lower price was arranged, to the wear and tear of goods caused by its usual utilization, to a defect corresponding to the level of utilization in used goods, or the wear and tear the goods already displayed as of the moment of being accepted by the Purchaser, or if it results from the properties of the goods.

  3. The Purchaser may assert his right to a free-of-charge removal of a defect or a reasonable discount from the price with the Seller no later than within two years after accepting the goods according to his request; if it is not disproportionate to the nature of the defect (especially in case the defect cannot be removed without undue delay), it is possible to assert the request for the delivery of new goods free of defects, or of new parts free of defects in case the defect only affects the given parts.

  4. If it is impossible to repair or to replace the goods, the Purchaser may request the return of the Purchase price in full based on the withdrawal from the Purchase contract.

  5. Within six months following after the acceptance of the goods it shall be assumed that the defect has already existed in the moment of accepting the goods.

  6. The Seller is not obliged to satisfy the Purchaser’s claim, if he can prove that the Purchaser knew about the defect of the goods prior to accepting the goods, or that he caused the defect himself.

  7. The Seller is responsible for defects occurring within the guarantee period of 24 months after accepting the goods.

  8. Within this period, the Purchaser may lodge a claim for a defect representing a material violation of the Contract (regardless of the fact whether the defect is removable or not), and request the following according to his choice:

    1. The removal of defect by supplying a new product without defect or by supplying a missing product;

    2. The removal of defect by a free-of-charge repair;

    3. A reasonable discount from the Purchase price; or

    4. The return of Purchase price based on the withdrawal from the Contract.

  9. The Purchaser shall inform the Seller about his choice upon reporting the defect, or after reporting the defect without undue delay. The Purchaser may change the choice only upon the Seller’s consent. If the Purchaser fails to make the choice in time, his rights shall be the same as in case of a non-material violation of the Contract.

  10. A material violation of the Contract is such that as of the moment of entering into the Contract, the violating party knew or must have known that the other party would not enter into the Contract provided it could anticipate such violation.

  11. In a defect representing a non-material violation of the Contract (regardless of the fact whether the defect is removable or not), the Purchaser is entitled to have the defect removed or to receive a corresponding discount from the Purchase price.

  12. In case a removable defect occurs repeatedly after repair (the third claim for the same defect or the fourth claim for different defects), or if there are multiple defects (at least three defects at the same time), the Purchaser may assert his right to a discount from the Purchase price, to a replacement of the goods, or to withdraw from the Contract.

  13. If the Purchaser asserts his rights from non-performance, the Seller shall confirm in writing the moment of asserting the rights, as well as the carrying out of the repair and its length.

  14. The Seller is not responsible for damages occurring due to regular wear and tear or due to the failure to abide by the instructions for use.

  15. If the Purchaser fails to report the defect in time, his right to withdraw from the Contract ceases to exist.

  16. The Purchaser may lodge the claim with the Seller at the address of his operating premises at Pod Bani 2146/8, 180 00 Prague 8, Czech Republic.

  17. In case the Purchaser fails to pick up the goods after the settlement of the claim, or fails to request its delivery within thirty (30) days after the Seller informed him about the settlement of the claim, the stipulations of Chapter II., Section 14 shall apply.


 

V. Other rights and obligations of the contracting parties

  1. The software and other parts forming the Internet store (including the photographs of the promoted goods) are protected by copyright law. The Purchaser pledges to refrain from any activities possibly allowing him or any third persons to infringe upon or to use without authorization (e.g. to store, modify, distribute) the software or other parts forming the Internet store. The Purchaser’s access to the Internet store and its utilization in accordance with the Business conditions are free of charge.

  2. When using the Internet store, the Purchaser is not entitled to use any mechanisms, software or other procedures that might negatively influence the running of the Internet store. The Internet store can only be used within the scope that is not at the expense of the Seller or at the expense of the rights of third persons, especially other Purchasers, and that is in accordance with the designation thereof.

  3. The Seller is bound by any rules of conduct in relation to the Purchaser in terms of the stipulations of Section 1826, Subsection 1, Letter e) of the Civil Code.

  4. As for the extrajudicial resolution of consumer disputes arising from the Purchase contract, the competent body shall be the Czech Trade Inspection Authority with a registered office at Štěpánská 567/15, 120 00 Prague 2, tax ID No.: 000 20 869, Internet address: http://www.coi.cz.

  5. The Seller is not responsible for errors occurring due to infringement of third persons in the Internet store or due to the utilization of the Internet store that is in conflict with its designation.

  6. The Purchaser assumes the risk of changed circumstances in terms of Section 1765, Subsection 2 of the Civil Code.

  7. Pursuant to the act on the registration of sales, the Seller is obliged to issue a bill of sale to the Purchaser. At the same time, he is obliged to file the received sales with the tax administrator on-line; or within 48 hours in case of technical outage.

  8. The Seller issues the bills of sale pursuant to the Act on the registration of sales in an electronic form, sent by e-mail or in a paper form, depending on the selected payment method and means of transport.


 

VI. Personal data protection and forwarding commercial notifications

  1. Processing of personal data shall be carried out in accordance with Regulation (EU) 2016/679 of the of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

  2. The Purchaser is obliged to state his Personal data correctly and truthfully. 

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


 

VII. Final provisions

  1. If the relation associated with the utilization of the Internet store or the legal relation based on the Purchase contract contains an international (foreign) element, then the parties hereby arrange that such relation shall abide by the legal order of the Czech Republic. This does not affect the consumer’s rights ensuing from the generally binding legal regulations.

  2. The Seller is authorized to carry out his activities based on a trade licence and his activities are not subject to any other permissions. The trade inspections are carried out by the Trades Licensing Office within the framework of its competence. In case of complaints, the Purchaser is entitled to contact the Czech Trade Inspection Authority.

  3. If any of the provisions of the Business conditions are or become invalid or ineffective, then these provisions shall be replaced by such provisions that are as close as possible in meaning to the original invalid provision. The invalidity or ineffectiveness of a provision does not affect the validity and effectiveness of other provisions.

  4. Unless stipulated otherwise, all the correspondence associated with the Purchase contract must be delivered in writing to the other contracting party, specifically via an electronic mail, or eventually in person, or via registered mail by means of the provider of postal services. The Purchaser’s delivery address is the address stated in the Order. In case of delivery via an electronic mail, the message is considered as delivered as of the moment of being accepted by the incoming mail server. Messages delivered in person or by means of a provider of postal services are considered as received as of the moment of being accepted by the addressee or of being refused to accept by the addressee. In case of delivery by means of a provider of postal services, the message is also considered as delivered upon the expiry of ten (10) days after the deposit of the message by the provider of postal services, even in case the addressee did not learn about the deposit.

  5. These Business conditions take effect as of 1st January 2019.

 

In Prague, date: 31st December 2018

 

 

 

Form for

 

NOTIFICATION OF WITHDRAWING FROM CONTRACT

 

GAMEMAT SRO

Pod Bání 2146/8

180 00 Praha 8

ICO: 05066425

DIC: CZ05066425

sales@gamemat.eu

 

I am hereby informing you about withdrawing from the contract on the purchase of goods

 

1) Which I ordered as of (date):

 

2) And received as of (date):

 

3) Order number:

 

4) Specification of goods:

 

 

 

4)

Name and surname:

 

Street and number:

 

Postal code:

 

City:

 

Contact:

 

 

 

5) Date:

 

 

6) Signature:

 

card_giftcard
Free Bag!

Free carry bag for each mat!

store
Worldwide delivery

With tracking updates by email.

schedule
Customer service 24/7

We are here to help! Let us know any issues.

face
Supporting the community!

Special deals for gaming clubs and events.