1. General Terms and Conditions
Basic information:
Seller:
Gothoom productions, s.r.o.
M.R.Štefánika 44
968 01 Nová Baňa
VAT: 46787364
VAT: 2023572232
registered in the Commercial Register of the District Court of Banská Bystrica, Section Sro, Insert No. 22704/S
(hereinafter referred to as „Seller“ or „Gothoom productions“)
Contact details:
Telephone/Fax : +421 45 68 50238
Mobile : +421 903542371
E-mail : gothoom@gothoom.com
Supervisory and supervisory authority
Slovak Trade Inspection Authority
Department of Technical Product Inspection and Consumer Protection
Dolná 46
974 00 Banská Bystrica 1
Tel. no.: 048/412 49 69, 048/415 18 71
Fax No.: 048/4124 693
e-mail: bb@soi.sk
1. General provisions
1.1 These General Terms and Conditions (hereinafter referred to as GTC) regulate the relations between the Buyer and the Seller in the sale of goods by Gothoom productions through the online store www.gothoomshop.com.
1.2 By sending an order, the Buyer expressly confirms that he has read these GTC, of which the Complaints Policy forms an integral part, and that he agrees to them. The Buyer shall be sufficiently notified of these terms and conditions and shall have the opportunity to familiarise himself with them prior to the actual placing of the order. The language offered for the conclusion of the contract is Slovak.
1.3 Different terms and conditions or the Buyer’s general terms and conditions shall have no effect unless otherwise agreed in writing between the Seller and the Buyer.
1.4 The sending of an order by the Buyer shall be deemed to be a proposal for the conclusion of a contract of sale. The Buyer may send an order by telephone, fax, e-mail or via Gothoom productions‘ web-shop www.gothoomshop.com
1.5 The Purchase Contract between the Buyer and the Seller is concluded at the moment of written confirmation of the Buyer’s order by the Seller.
1.6 Gothoom productions reserves the right not to deliver the goods, even after written confirmation of the order, if the ordered goods are found to be unavailable. In this case, the Seller will contact the Buyer immediately and suggest an adequate alternative solution (e.g. other suitable goods with similar parameters). If the Buyer agrees to the proposed solution, such agreement between the Seller and the Buyer shall replace the original contract between the Seller and the Buyer in its entirety.
2. Ordering via Gothoom productions web-shop
2.1 The Customer may order any Goods from the Seller via the Seller’s web-shop at www.gothoomshop.com.
2.2 The Buyer may order Goods from the web-shop www.gothoomshop.com either on a one-off basis or after prior registration.
2.2.1 The Buyer may register on the web-shop website. When registering, the Buyer fills in the relevant form on the website with his contact details (i.e. e-mail, first name, surname, mailing address – i.e. street, landmark number, postcode, city and state; telephone number, fax number, or VAT number and registration number). When registering, the buyer creates a login name and password (hereinafter referred to as „login data“), through which he/she will be able to log in to the webshop again in the future, without entering his/her contact details.
2.2.2 The Buyer may also order goods in a single order. After selecting the desired goods, the Buyer clicks on the „order“ link in the offer, fills in the e-mail and ticks the „I want to register“ offer. The buyer then fills in the required data and clicks on the „send“ link. In this case, the buyer will have to re-enter their contact details when they visit the webshop again.
2.3 The data provided by the Buyer to Gothoom productions is subject to the rules set out in Article 7 of the GTC.
2.4 In the webshop, the Buyer selects the goods via the „Add to Cart“ button.
After pressing the „Add to Cart“ button, the desired goods are automatically added to the shopping cart. The customer can view the contents of the shopping cart at any time by clicking in the top right corner, clicking on the „View cart contents“ link. Even after clicking on the „View cart contents“ link, the customer can continue shopping by clicking on the „Continue shopping“ link.
2.5 The Buyer shall also select the payment method and the method of delivery of the goods when confirming their order.
2.6 After pressing the „Order“ button in the shopping cart, your order will be registered in the system and information about the successful processing of your order will appear.
2.7 The concluded contract is archived by the Seller for the purpose of its successful completion and is not accessible to third, non-interested parties.
2.8 At any time before the actual dispatch of the order, the Buyer has the possibility to check and, if necessary, correct it.
2.9 These terms and conditions are displayed on the website of the online shopwww.gothoomshop.com and are thus made available for archiving and reproduction by the Buyer.
2.10 The Seller undertakes to archive the Purchase Contract in electronic form together with the relevant General Terms and Conditions for a period of 3 years from the date of the order. The contract so archived shall not be accessible to the Buyer.
3. Payment terms
3.1 Gothoom productions generally delivers the goods by postal delivery or courier delivery.
3.2 In the case of postal or courier delivery, the Buyer shall pay the purchase price for the ordered goods when collecting the goods. When ordering from abroad, payment shall be made in advance on account or in the form of a valid PAY-PAL.
3.3 All prices are inclusive of VAT and are final. The minimum order value is 10,-€ incl. VAT.
3.4 The Buyer can check the status of his orders at any time at the web-shop address.
3.5 The companyGothoom productions,s.r.o. may, provided that the Buyer is its long-standing customer, also deliver the goods to the Buyer by means of payment on invoice. The invoice is payable by the date stated on the invoice. In the event that the customer falls into default in the payment of his due obligations, the seller shall be entitled to charge interest on late payment at the rate of 10% per annum on the amount due. The payment of default interest shall be without prejudice to the right to compensation for damages incurred by the Seller.
3.6 The price is bindingly determined at the moment of sending the confirmation e-mail to the Buyer’s address.
4. Delivery of the goods
4.1 The Seller undertakes to deliver the ordered goods to the Customer at the address provided by the Customer in its contact details.
4.2 Goods that are marked „in stock“ are generally delivered within three working days of the Seller’s confirmation of the order pursuant to clause 3.6 of the GTC.or from the time of receipt of payment on account.
4.3 The delivery time of goods which are marked „on order“ is individual and depends on the availability of the goods in question with our suppliers.
4.4 Goods purchased in the web-shop will be sent to the Buyer by a shipping service. Each delivery of goods is accompanied by an invoice – a tax document that complies with the legislation in force in the Slovak Republic. The invoice is considered as a delivery note.
4.5 If a shipment returned by postal or courier service is returned to the Seller due to the fact that the shipment could not be delivered to the Buyer, the Seller may redeliver the goods by agreement with the Buyer. The cost of redelivery shall be borne by the Buyer.
4.6 The risk of deterioration or damage to the goods shall pass to the Buyer upon receipt of the ordered goods. The sender shall be liable for the condition of the consignment up to the moment of its acceptance by the buyer. The Buyer, or his authorised representative, is obliged in his own interest to check the condition of the consignment on receipt and to note any external damage to the transport packaging in the acceptance report of the transport company and to immediately inform the Seller of any damage to the consignment. Otherwise, the claim for the goods due to mechanical damage caused by the transport service cannot be made.
4.7 Delivery time notices are for information purposes only and are not binding, The delivery time is only binding if it has been agreed in writing between the Seller and the Buyer.
4.8 The Goods shall remain the property of Gothoom productions until full payment of the purchase price.
5. Right of return and withdrawal
5.1 Within 7 working days of receipt of the shipment, the consumer is entitled to withdraw from the contract without giving any reason in accordance with § 12 of Act No. 108/2000 Coll. on consumer protection in door-to-door and mail order sales and send the goods to the Seller’s address together with the withdrawal from the contract.
5.2 The withdrawal from the contract and the goods must be delivered to the Seller no later than within the period specified in clause 5.1.
5.3 Within this period, the consumer has the right to unpack and test the goods after receipt in a manner similar to that which is customary when buying in a conventional shop. However, testing does not mean starting to use the goods and returning them to the Seller after a few days.
5.4 If the above conditions are fulfilled, Gothoom productions will refund the purchase price already paid to the customer by transfer to the customer’s account within 15 days at the latest.
5.5 Gothoom productions does not accept goods sent on delivery. We recommend that you insure the goods.
5.6 The consumer also has the right to withdraw within the period specified in clause 5.1 in the following cases:
(a) if the goods have manufacturing defects,
b) if the goods are damaged by the seller.
In such a case, the Seller shall also bear the necessary costs associated with the return of the goods.
5.7 Further details of the return of goods and claims are regulated in the Complaints Regulations.
6. Warranty period
6.1 The Seller provides a 24-month warranty on CDs as well as other music media.
6.2 The warranty shall commence on the date of receipt of the goods by the customer.
6.3 For items sold at a lower price (discounted goods), the warranty period is a minimum of 12 months and Gothoom productions is not liable for any defect for which a lower price has been agreed.
6.4 In the event of a claim, the claim procedure set out in the Seller’s Complaints Procedure shall apply. The place of complaint is the Gothoom productions shop.
6.5 When making a claim, the Buyer is obliged to deliver the claimed goods, including the documentation, with a letter or invoice attached.
6.6 Replacement within the warranty period is free of charge.
6.7 For product defects that arise:
(a) mechanical damage,
b) use of the goods in unsuitable conditions (e.g. dusty, humid environment, exposure to strong magnetic fields),
c) contact with aggressive chemical substances,
d) unprofessional use and/or improper handling of the product,
e) unprofessional assembly,
(f) use of unsuitable accessories or alteration of original parts,
(g) neglect of proper care of the goods,
(h) tampering with the product by an unauthorised person,
(i) incorrect supply voltage,
j) natural wear and tear of the goods,
are not covered by the warranty.
7. Privacy Policy
7.1 The Seller declares that all personal data is confidential, will only be used for the performance of the contract with the Buyer and will not otherwise be disclosed, disclosed to a third party, etc., except in a situation related to the distribution or payment related to the ordered goods (notification of name and delivery address).
7.2 Personal data provided by the Buyer to the Seller for the purpose of order fulfilment are collected, processed and stored in accordance with the applicable laws of the Slovak Republic, in particular Act No. 428/2002 Coll. on the protection of personal data, as amended.
7.3 The Buyer gives its consent to the Seller to collect and process this personal data for the purpose of fulfilling the subject of the concluded purchase contract, until the Buyer expresses its disagreement with this processing in writing.
7.4 The Buyer shall have the right of access to and rectification of his personal data, including other legal rights in respect of such data.
8. Final provisions
8.1 These GTC shall be governed by the laws of the Slovak Republic.
8.2 Any disputes arising from the delivery of goods by Gothoom productions shall be settled before the competent courts of the Slovak Republic.
8.3 If any provision of these GTC was or would become invalid or ineffective, the validity or effectiveness of the remaining provisions of the GTC shall not be affected thereby. Insofar as individual provisions of these Terms and Conditions – for whatever reason – do not become applicable, the effectiveness of the remaining provisions shall not be affected.
8.4 The Buyer acknowledges that the Seller is entitled to change the wording of the General Terms and Conditions.
8.5 Nothing in these GTC shall bind the Buyer beyond its obligations under the applicable laws of the Slovak Republic.
8.6 These GTC enter into force on [01.04.2013].
2. COMPLAINTS PROCEDURE FOR CUSTOMERS
1. Introduction
1.1 The Seller shall be liable for defects in the Goods and the Buyer shall promptly lodge a claim with the Seller in accordance with the applicable Complaints Regulations.
1.2 A complaint may be made:
a) in person at our premises at:
Gothoom productions s.r.o.
M.R.Štefánika 44,
968 01 Nová Baňa
Slovak Republic
b) by post, by sending the goods to:
Gothoom productions s.r.o.
M.R.Štefánika 44,
968 01 Nová Baňa
Slovak Republic
1.3 The Buyer may claim from the Seller a guarantee for goods that:
(a) exhibits defects caused by the manufacturer or the Seller,
b) is covered by a warranty; and
c) was purchased from the Seller.
1.4 During the warranty period, the Buyer shall be entitled to have the defect rectified free of charge upon presentation of the Goods, including accessories, documentation, instructions and warranty certificate to the Seller.
1.5 When making a claim by post, the Buyer is obliged to send the Seller a brief description of the defect that has occurred in the product.
1.6 When a claim is made, the Seller shall promptly issue the Buyer with an acknowledgement of receipt of the goods for claim.
2. Customer rights and obligations
2.1 The Buyer is obliged to inspect the consignment, i.e. the goods as well as their packaging immediately upon delivery. If the Buyer discovers that the goods or the packaging of the goods are mechanically damaged, he is obliged to notify the carrier and check the condition of the goods in his presence.
2.2 If the Buyer discovers damage to the goods upon receipt, the Buyer shall immediately upon receipt of the goods make a record of the extent and nature of the damage to the goods (damage record), the accuracy of which shall be confirmed by the carrier.
2.3 The Buyer is not obliged to accept the damaged shipment. The Buyer is obliged to inform the Seller immediately of the rejection of the damaged consignment, either by telephone or by e-mail.
2.4 The carrier is responsible for damage during transport, as all goods are insured.
2.5 In the event of rejection of a damaged shipment by the Buyer, the Seller shall send new goods to the Buyer.
2.6 Claims for mechanical damage to the product, which was not apparent upon receipt of the consignment, must be made immediately upon receipt of the consignment, but at the latest within 24 hours of delivery of the goods. Later claims for mechanical damage to the product can no longer be accepted.
2.7 Before first use, the purchaser is obliged to read the warranty conditions, including the operating instructions, and to follow the instructions contained in the operating instructions.
3. Exercise of the claim
3.1 If the Goods are defective beyond repair, the Seller shall repair the Goods or have the Goods repaired by an authorised repairer.
3.2 If the nature of the defect in the goods does not prevent their normal use, the Seller may agree with the Buyer a reasonable discount on the price of the goods. If a discount is granted in such a case, it is not possible to claim for this defect in the goods at a later date.
3.3 If the complaint cannot be settled by any of the above options, the purchase price for the goods will be refunded to the buyer.
3.4 If the goods have a defect which cannot be remedied and which prevents proper use of the goods, or if the goods have several defects, the Seller shall offer to replace the defective goods with the same goods or goods with the same or similar performance or refund the purchase price to the Buyer.
3.5 The Buyer may, instead of removing the defect, require the replacement of the goods or, if the defect relates only to a part of the goods, the replacement of the part, if this does not incur disproportionate costs for the Seller in relation to the price of the goods or the severity of the defect.
3.6 The Seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the Buyer.
3.7 For defects in the product that arise:
(a) mechanical damage,
b) use of the goods in unsuitable conditions (e.g. dusty, humid environment, exposure to strong magnetic fields),
c) contact with aggressive chemical substances,
d) unprofessional use and/or improper handling of the product,
e) unprofessional assembly,
(f) use of unsuitable accessories or alteration of original parts,
(g) neglect of proper care of the goods,
(h) tampering with the product by an unauthorised person,
(i) incorrect supply voltage,
j) natural wear and tear of the goods,
are not covered by the warranty. In this case, the buyer is obliged to pay the costs associated with arranging service intervention.
4. Time for complaint handling
4.1 The Seller shall be obliged to process claims for goods within 30 days of the day following the date on which the Buyer submits the claim. If the complaint is not settled within the above period, the Buyer shall have the right to withdraw from the contract and to a refund of the purchase price or shall have the right to exchange the product for a new product.
4.2 In the case of a legitimate complaint, the warranty period shall be extended by the period of the complaint.
4.3 If the claim is unjustified, the warranty period shall not be extended.
4.4 If the claim has been settled by replacement of the goods, the next claim, if any, shall be deemed to be the first claim for the goods.
4.5 The Seller shall notify the Buyer of the settlement of the claim either by telephone, email. The Seller is obliged to issue the Buyer with a confirmation of when the Buyer exercised the right, as well as of the repair and the duration of the repair.
4.6 The goods will be automatically sent to the Buyer’s address after the claim has been processed, or the Buyer may collect them from the Seller’s premises. The method of delivery of the claimed goods to the Buyer can be agreed with the Buyer.
5. Validity of the Complaints Procedure
5.1 This Complaints Procedure shall enter into force on [01.04.2013].
5.2 The provisions of these Complaints Regulations completely replace the provisions of the previously valid Complaints Regulations.
