Terms and conditions

Terms and Conditions

1. GENERAL CONDITIONS

1.1 The Seller is GoMerch s.r.o., e-mail: info@gomerch.sk (hereinafter referred to as the Seller).
1.2 The Buyer is any natural or legal person who contacts the Seller in any way with the intention of purchasing the goods offered by the Seller.
1.3 The Buyer is also any natural or legal person who contacts the Seller in any way with a request for the Seller to procure goods for them that are not included in the offer, with the intention of purchasing these goods.
1.4 By using the Seller's web-site and confirming the order, the Buyer expressly agrees to these Terms and Conditions.
1.5 These Terms and Conditions are valid until new Terms and Conditions are issued.

2. ORDER

2.1 The Buyer may order the Goods via the shopping cart on the Seller's website.
2.2 By sending the order, the buyer undertakes to accept the ordered goods and to pay the agreed price for the goods.
2.3 The Seller shall confirm the order sent by email within 72 hours and shall also notify the Buyer of the availability and delivery date of the goods. All confirmed orders are binding for the buyer!
2.4 The Seller undertakes to deliver the correct type and quantity of the Goods at the agreed price as per the Purchase Order.
2.5 Cancellation of the order by the buyer is possible within 24 hours of ordering the goods without giving any reason. The Buyer may cancel the order in the Customer section of the Seller's website, by telephone or by e-mail. Upon verification that the cancellation conditions have been met, the Seller shall confirm the cancellation of the order to the Buyer by e-mail or telephone. If the amount for the ordered goods has already been paid, the Seller shall send the money back to the Buyer's bank account or via the GoPay payment gateway to the Buyer's card or deliver it in another way mutually agreed upon.
2.6 The Seller shall have the exclusive right to cancel an order in the event that the ordered goods cannot be provided. In such a case, the Buyer shall promptly refund the amount paid in full or offer the Buyer a replacement or other solution if the Buyer agrees to it. The Seller shall also have the right to cancel the order if it is unable to contact the Buyer (incorrect or unlisted contact details, unavailability, ...).

3. PRICES

3.1 The Seller is subject to VAT.
3.2 The price for the delivery of the goods shall be added to the basic price of the order, depending on the method of delivery chosen by the buyer.The price is derived from the total weight of the ordered goods and the current rate is visible directly in the order (for each shipping method). Packaging is included in the shipping price.

4. PAYMENTS

4.1 The Buyer may pay for the goods on delivery, by credit card through the GoPay payment gateway, by transfer to the Seller's account on the basis of a proforma (advance) invoice.
4.2 Payment is only possible in EUR or CZK.
4.3 The Seller sends the tax document (invoice) to the Buyer electronically to the Buyer's e-mail address specified in the order.

5. DELIVERY CONDITIONS

5.1 The delivery time for the goods in the Seller's offer is specified in the description of each product. The maximum delivery time shall be 30 days in the event that a particular semi-finished product required to fulfil the Buyer's order is not available from the Supplier's central warehouse, and the Buyer shall be duly informed of such extension.
5.2 The Seller will inform the Buyer of the delivery time and date of delivery when confirming the order by e-mail. If the Buyer is not satisfied with the notified extended delivery time, the Buyer has the option to cancel the order in accordance with clause 2.5 of these Terms and Conditions.
5.3 Goods will be dispatched after the order has been confirmed and all conditions for removal have been met.

6. DELIVERY OF GOODS

6.1 The Seller shall arrange for the transport of the goods in the manner chosen by the Buyer from the options offered in the order (except for the transport of the goods to a territory outside the EU, when the goods shall be transported by post):
- SR - Packeta Slovakia - dispensing point designated by the buyer, Z-BOX designated by the buyer, or courier to the address designated by the buyer
- CR - Packeta Slovakia - dispensing point designated by the buyer, Z-BOX designated by the buyer, or courier to the address designated by the buyer
6.2 The place of collection is determined on the basis of the Buyer's order. Delivery of the goods to the designated place shall be deemed to be fulfilment of the delivery.
6.3 The Goods are adequately packed and secured. The Buyer is obliged to check the integrity of the consignment upon receipt of the goods. If the consignment (goods) is damaged, the buyer has the right to ask the carrier to make a record of the damage to the consignment (goods).
6.4 Together with the goods, the Seller shall deliver to the Buyer an invoice (tax document), a delivery note electronically to the e-mail address specified by the Buyer in the order. The Seller shall also deliver together with the Goods the instruction manual and the warranty card, if required by the nature of the Goods.
6.5 The Seller shall not be liable for the Goods until they have been accepted by the Buyer. The goods shall be deemed to have been taken over by the Buyer at the place of delivery specified by the Buyer in the order.
6.6 The Seller shall not be liable for late delivery of the ordered goods to the Buyer caused by the carrier. Damage to the shipment caused by the carrier shall be the full responsibility of the carrier. Such cases shall be resolved by the Seller by delivery of new goods to the Buyer.
6.7 In the event of greater demand, we may have a shortage of goods and so we may deliver the goods you have ordered in several parcels, with postage and packing charges payable by you as per parcel.

7. WITHDRAWAL FROM A COMPLETED ORDER

7.1 In accordance with the law, the Buyer is entitled to withdraw from the processed order (according to the law "from the contract of sale", if the Buyer has already received the goods) within 14 days from the date of receipt of the goods without giving any reason.
7.2 Goods to be returned must be:
- undamaged,
- complete (including accessories, documentation, ...),
- including the enclosed proof of purchase.
7.3 If the Buyer decides to return the Goods pursuant to clause 7.1 of these Terms and Conditions, the Buyer shall:
- contact the Seller to request withdrawal from the processed order, indicating the order number (variable symbol), the date of purchase and your account number for a refund
- send the goods back to the Seller's address - it is recommended to send the goods by registered mail, insured and use suitable packaging to prevent writing, sticking or other deterioration of the original packaging and the goods themselves during transport (the Seller is not liable for any loss or damage to the goods during transport)
- pay the expenses related to the return of the goods to the seller (postage, insurance, ...)
7.4 Upon fulfillment of the conditions under clauses 7.1 to 7.3 of these Terms and Conditions and upon receipt of the returned goods, the Seller is obliged to:
- take back the goods
- refund to the Buyer, within a period of no later than 14 days from the date of withdrawal from the processed order, the full price paid for the goods in the same way as the consumer used in his payment, except for the shipping fee; however, if the Buyer returned the goods due to a complaint, the shipping fee shall be borne by the Seller.
7.5 In the event of failure to comply with any of the conditions under clauses 7.1 to 7.3 of these Terms and Conditions, the Seller will not accept withdrawal from the processed order and the goods will be returned at the Buyer's expense.
7.6 The Buyer is not entitled to withdraw from the contract in the cases referred to in § 7 (6) of Act No. 102/2014 Coll., in particular if the subject of the contract is:
- the sale of goods subject to rapid deterioration or perishability
- the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery, e.g. swimwear or underwear.
- the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery,
7.7 The rights and obligations of the Buyer and the Seller regarding withdrawal from the contract are further regulated by Act No. 102/2014 Coll.

8. WARRANTIES AND CLAIMS

8.1 The handling of claims is governed by the warranty conditions of the specific goods, the Commercial Code and the relevant provisions of the Civil Code and special regulations.
8.2 The warranty period for all goods offered in the Seller's online shop is 24 months. The proof of purchase (enclosed invoice) is always sufficient for the exercise of liability for defects (claim). Presentation of the proof of purchase for the purpose of a claim is sufficient even if a warranty certificate was issued but the customer has lost it.
8.3 The warranty does not cover normal wear and tear of the item (or its parts) caused by use. Nor does the warranty apply to goods such as swimwear or underwear if the protective film has been removed.
8.4 The Buyer is obliged to deliver the claimed goods with a copy of the invoice, delivery note. The buyer is obliged to send together with the goods an exact description of the defect.
8.5 CLAIMS PROCEDURE:
1. the buyer fills in the details of the order claimed via the "Complaints Assistant" available on the seller's website: https://www.gomerch.sk/asistent
2. Send the product back to the seller's business address as instructed by the seller

9. COLLECTION OF USER INFORMATION, PRIVACY OF PERSONAL DATA

9.1 The User confirms by signing the Contract or sending the Order, that the personal data provided by him/her in the scope of name, surname, residential address, e-mail address, telephone number are accurate and true. The processing of the aforementioned personal data is carried out on the following legal basis: the processing of personal data is necessary for the performance of the Contract to which the User is a party or for the performance of a pre-contractual measure at the request of the User within the meaning of Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. The purpose of the processing of personal data is the collection, storage and processing of personal data by the Provider and their use for billing purposes, delivery of goods, informing about the status of the order and other actions related to the ordered and provided Service, including subsequent communication with the User (complaint, withdrawal from the contract, etc.)), as well as for the purposes of the Provider's own marketing, for the purposes of offering the Services, sending product information, including by electronic means (e-mail, sms, telemarketing). The User bears full responsibility for damages caused by the incorrectness or outdatedness of the personal data provided.
9.2 The Provider is entitled to process personal data beyond the scope specified in clause 9.1 of these GTC and whose processing is not compatible with the legal basis specified in clause 9.1 of these GTC only on the basis of prior consent provided by the User voluntarily and for a predetermined purpose, scope and period of time. The User has the right to withdraw the consent given at any time in writing. Withdrawal of consent shall be effective on the date of its delivery to the Provider.
9.3 The Provider undertakes not to use and provide personal data beyond the scope necessary for the operation of the ordered Service and its operation. Personal data shall not be disclosed to any third parties, except for products for which the contrary is expressly stated. However, in such a case, the Provider is obliged to agree in the contractual relationship with the third party on the protection of personal data within the meaning of applicable legislation, in particular the Personal Data Protection Act, and at the same time is obliged to inform the User in the Contract that the provision of personal data to a third party is necessary for the performance of the Contract and otherwise the Service cannot be provided. For these purposes, it is necessary for the Provider to obtain the User's consent.
9.4 All personal data is protected in accordance with applicable law, in particular the Personal Data Protection Act.
9.5 The Provider is not authorized to interfere with the content of the User's web presentations, nor is the Provider authorized to monitor or defer the User's electronic mail, except to perform periodic backup activities for the User based on the User's Order.
9.6 The Provider undertakes to take all steps to ensure the highest security of the User's personal data, as well as to secure all data, database and mail files of the User against loss, damage or destruction.
9.7 The Provider acts as an Intermediary in relation to the User's customers in accordance with the provisions of Article 28 GDPR. Therefore, the Contract between the Provider and the User is governed by the following:
1. The Provider may not entrust the processing of personal data to another processor without the prior specific written consent of the User. In case of written consent of the User, the Provider shall impose on this additional processor in a contract or other legal act the same obligations regarding the protection of personal data as those set out in this Agreement, while the Provider shall be liable to the User if the additional processor fails to fulfil its obligations regarding the protection of personal data.
2. The Provider undertakes to process personal data only for the purpose of providing the Services.
3. The Provider processes personal data throughout the validity and effectiveness of the Contract between the Provider and the User.
4. The Provider processes personal data to the identical extent as the User.
5. The persons concerned are the User's customers.
6. The Provider is entitled to carry out only the processing operations necessary for the fulfilment of the purpose of the processing, in particular: acquisition, collection, storage and destruction.
7. The Provider is obliged to process personal data only to the extent necessary to achieve the purpose of the processing and only in accordance with the terms of this article of the GTC or the User's written instructions, even if the transfer of personal data to a third country or an international organization is involved. If the transfer of personal data to a third country or an international organisation is based on a special regulation or an international treaty by which the Slovak Republic is bound, the Provider is obliged to notify the User of this requirement prior to the processing of personal data in the event of such transfer, unless such notification is prohibited by a special regulation or an international treaty by which the Slovak Republic is bound for reasons of public interest.
8. The Provider is obliged to protect the processed personal data against damage, destruction, loss, alteration, unauthorized access and disclosure, disclosure or publication, as well as against any other inadmissible means of processing.
9. The Provider declares that it guarantees the security of the personal data processed, taking into account the nature, scope, context and purpose of the processing of personal data, the risks that are capable of undermining the security of the protection of personal data and their severity when taking technical and organizational measures to ensure the protection of the rights and protection of the personal data of the User's customers, in particular against accidental or unlawful destruction, loss, alteration or unauthorized disclosure of the personal data transmitted, personal data stored or otherwise processed, or unauthorized access to the personal data processed.
10. The Provider is obliged not to disclose personal data to third parties, not to use personal data for any purpose other than the agreed purpose, not to misuse it for its own benefit or for the benefit of a third party and not to handle personal data in violation of this article of the GTC.
11. The Provider and its employees are obliged to maintain the confidentiality of personal data obtained about the User's customers. They must not use the personal data for personal use, they must not disclose, disclose or make available the personal data. They undertake to maintain this confidentiality even after the termination and effectiveness of the Contract. The Provider is also responsible for the confidentiality of its employees and other persons authorised by them, as well as any external collaborators.
12. The Provider is obliged to ensure that the collected personal data is processed in a form that allows the identification of the User's customers only for the time necessary to achieve the purpose of the processing.
13. The Provider undertakes to cooperate and provide the User with assistance in ensuring compliance with the User's obligations to respond to requests from the User's customers in the exercise of their rights under the provisions of Chapter III of the GDPR, including notifying the User of any written request for access received by the Provider in connection with the User's obligations under the GDPR, Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Additions to Certain Acts (hereinafter referred to as the "Personal Data Protection Act") and other related regulations.
14. The Provider undertakes to cooperate and provide the User with assistance in ensuring compliance with the obligations under the provisions of Articles 32 to 36 of the GDPR, namely:
  - ensure the security of processing;
  - notify the Data Protection Authority and the data subjects, if necessary, of any personal data breach;
  - where necessary, carry out a data protection impact assessment on the impact of the processing on the protection of personal data;
  - consult the Data Protection Authority before carrying out any processing if the data protection impact assessment shows that such processing would result in a high risk if the User does not take measures to mitigate that risk.
15. The Provider undertakes to provide the User with all information necessary to demonstrate compliance with the obligations set out in Article 28 GDPR and to provide the User with assistance in the context of the data protection audit and control by the User or the auditor authorized by the User.
16. The Provider is obliged to immediately notify the User if, in the Provider's opinion, any instruction given by the User violates the Personal Data Protection Act, a special regulation or an international treaty to which the Slovak Republic is bound concerning the protection of personal data.
17. The Provider undertakes to delete the personal data or return the personal data to the User and delete the existing copies containing personal data after the expiry and effectiveness of the Contract, based on the User's decision, if a special regulation or an international treaty to which the Slovak Republic is bound does not require the retention of such personal data.
9.8 In accordance with the provisions of Article 13 GDPR, the Provider notifies the User, as a data subject, of the following information:
1. Identification of the Provider: GoMerch s.r.o. Bottova 2A, 811 09 Bratislava. Commercial Register of the District Court Bratislava I, sec. 137852/B The Provider can be contacted at the following e-mail address: info@gomerch.sk.
2. Personal contact to the owner tiborjurisa01@gmail.com
3. The purpose as well as the legal basis for the processing of personal data is set out in point 9.1. of this Article;
4. A list of personal data is set out in point 9.1. of this Article;
5. In special cases, if for the provision of the Service by the Provider it is necessary to provide personal data to a third party or to transfer personal data to a third country, the Provider shall provide the User with information about this fact.
6. The Provider retains personal data throughout the provision of the Service.
7. The User has the right to request from the Provider access to personal data relating to the data subject, the right to rectification of personal data, the right to erasure of personal data or the right to restriction of personal data, the right to object to the processing of personal data, as well as the right to portability of personal data.
8. If the user suspects that his/her personal data is being processed unlawfully, he/she may file a petition with the Office for Personal Data Protection of the Slovak Republic to initiate a personal data protection procedure. Pursuant to Section 100 of the Personal Data Protection Act.
9. The provision of the personal data referred to in clause 9.1. by the User is necessary for the conclusion of the Agreement and the provision of the Service.
9.9 Information about the rights of the data subject - User: The person providing the personal data (data subject - User) has the following rights under Articles 15 to 22 and 34 of the GDPR
1. Right of access to personal data pursuant to Article 15 GDPR: The data subject has the right to obtain confirmation from the Provider as to whether personal data relating to him or her are being processed. The data subject has the right to access this personal data and the information referred to in point 9.8.
2. Right to rectification of personal data pursuant to Article 16 GDPR: The data subject has the right to have inaccurate personal data concerning him or her rectified by the Provider without undue delay. With regard to the purpose of the processing of personal data, the data subject has the right to have incomplete personal data completed.
3. Right to erasure of personal data pursuant to Article 17 GDPR: The data subject has the right to have the Provider erase the personal data concerning him or her without undue delay if the data subject has exercised the right to erasure if:
  - the personal data are no longer necessary for the purpose for which they were collected or otherwise processed,
  - the data subject withdraws the consent on the basis of which the processing of personal data is carried out and there is no other legal basis for the processing of personal data,
  - the data subject objects to the processing of personal data and there are no overriding legitimate grounds for the processing of personal data or the data subject objects to the processing of personal data for the purpose of direct marketing,
  - personal data are processed unlawfully,
  - the reason for deletion is the fulfilment of an obligation under the GDPR, the Personal Data Protection Act, a special regulation or an international treaty to which the Slovak Republic is bound,
  - personal data were collected in connection with the offer of information society services.
4. Right to restriction of processing of personal data pursuant to Article 18 GDPR: The data subject has the right to have the Provider restrict the processing of personal data if:
  - the data subject objects to the accuracy of the personal data, during a period allowing the Provider to verify the accuracy of the personal data,
  - the processing of the personal data is unlawful and the data subject objects to the erasure of the personal data and requests instead the restriction of their use,
  - The provider no longer needs the personal data for the purpose of processing the personal data, but the data subject needs them to exercise a legal claim,
  - the data subject objects to the processing of personal data, pending verification whether the legitimate grounds on the part of the Provider outweigh the legitimate grounds of the data subject.
  - The data subject whose processing of personal data is restricted shall be informed by the Provider before the restriction of the processing of personal data is lifted.
5. Pursuant to Article 19 of the GDPR, the Provider is obliged, if the data subject so requests, to inform the data subject of the recipients to whom the Provider has notified the rectification of personal data, erasure of personal data or restriction of processing of personal data.
9.10 Right to the portability of personal data pursuant to Article 20 of the GDPR : The data subject shall have the right to obtain the personal data concerning him or her, which he or she has provided to the Provider, in a structured, commonly used and machine-readable format and shall have the right to transfer such personal data to another controller.
9.11 Right to object to the processing of personal data pursuant to Article 21 GDPR : The data subject shall have the right to object to processing of his or her personal data on grounds relating to his or her particular situation carried out on the legal basis that the processing of personal data is necessary for the performance of a task carried out in the public interest or on the grounds that the processing is necessary for the purpose of the legitimate interests of the Provider or of a third party, including profiling based on these provisions. The Provider may not further process personal data unless it demonstrates compelling legitimate interests for the processing of personal data which override the rights or interests of the data subject or grounds for exercising a legal claim. The data subject shall have the right to object to the processing of personal data concerning him or her for direct marketing purposes, including profiling to the extent that it is related to direct marketing.
9.12 Under Article 22 of the GDPR, the data subject has the right not to be subject to a decision which is based solely on automated processing of personal data, including profiling, and which has legal effects concerning him or her or similarly significantly affects him or her.
9.13 Pursuant to Article 34 of the GDPR, the data subject has the right to be notified by the Provider of a personal data breach without undue delay if such personal data breach is likely to result in a high risk to the rights of the natural person.
9.14 Provision of information to the data subject
1. The provider is obliged to provide the data subject, upon his/her request, with the information pursuant to Article 13 GDPR and the notifications pursuant to Articles 15 to 22 and 34 GDPR concerning the processing of his/her personal data. The information is obliged to be provided in paper or electronic form, as a rule in the same form as the request was submitted. If the data subject so requests, the Provider may also provide the information orally if the data subject proves his or her identity in another way. The Provider shall cooperate with the data subject in exercising the rights under Articles 15 to 22 of the GDPR.
2. The provider is obliged to provide the data subject with the information referred to in point 1 within one month of receipt of the request. The Provider may, in justified cases and taking into account the complexity and the number of requests, extend that period by a further two months, including repeatedly. The Provider shall inform the person concerned of any such extension within one month of receipt of the request, together with the reasons for the extension.
3. The Provider shall provide the information referred to in point 1 free of charge.
4. If the request of the data subject is manifestly unfounded or disproportionate, in particular because of its repetitive nature, the Provider may charge a reasonable fee, taking into account the administrative costs of providing the information, or a reasonable fee, taking into account the administrative costs of notification, or a reasonable fee, taking into account the administrative costs of carrying out the requested action, or refuse to act on the request.
9.15 Restriction of the data subject's rights - The Provider shall inform the data subject about the restriction of the data subject's rights in accordance with and pursuant to Article 23 of the GDPR and Section 30 of the Personal Data Protection Act, unless the purpose of the restriction is jeopardized.

10. INFORMATION OBLIGATION ON ALTERNATIVE DISPUTE RESOLUTION

If the consumer is not satisfied with the way in which the seller has handled his complaint or if he believes that the seller has violated his rights, the consumer has the right to turn to the seller with a request for redress. If the Seller has responded to the request for redress in a negative manner or has not responded within 30 days from the date of its dispatch, the consumer has the right, in order to protect his consumer rights, to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution body. Alternative dispute resolution entities are the Slovak Trade Inspection (www.soi.sk) or other entities included in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic. In the event of a cross-border dispute, the consumer has the right to contact the European Consumer Centre (www.esc-sr.sk), which will provide the consumer with the delivery address, electronic address or telephone contact details of the ADR entity competent to resolve their dispute.

11. FINAL INFORMATION

Supervision of the provision of services is carried out by the District Directorate of the Police Bratislava and the Slovak Trade Inspection. These general terms and conditions and all purchase contracts concluded on the basis of them are governed by the laws in force in the Slovak Republic. In Bratislava 01.06.2018

CONSENT TO THE USE OF COOKIES

A cookie is a short text file that is sent to your browser by the websites you visit. It allows websites to remember information about your visit, such as your preferred language and other settings. This can make your next visit to the site easier and more productive. Cookies are important. Without them, browsing the web would be much more difficult.

We use cookies for a number of purposes. For example, we use them to store your secure search preferences, to select relevant ads, to track the number of visitors to the site, to make it easier to sign up for new services, and to protect your data.

See a list of the types of cookies Google uses and read about how Google and its partners use these cookies in advertising. Our Privacy Policy explains how Google protects your personal data and other information when using cookies.

TERMS AND CONDITIONS FOR PRODUCT INSURANCE AGAINST ACCIDENTAL DAMAGE

1. SUBJECTS

1.1 Insurer - gomerch.sk
1.3 Insured - any natural or legal person who has fulfilled the conditions for entry into the insurance; in the event of a change of ownership of the Item covered by the insurance, the insured shall also be the person to whom the ownership of the Item has passed between the time after the inception of the insurance and the end of the term of the insurance.

2. THE SUBJECT MATTER OF THE INSURANCE ("THE THING")

2.1 "Item" means goods purchased by the Insured from the Policyholder via the Insured's online shop or other commercial channels, which the Insured has collected from the Insured's premises, post office or other delivery service. It is a condition that the purchase price of the Item has been paid in full, the Insured has registered and paid the premium for accidental damage insurance for the entire concluded period of insurance, either directly when purchasing the Item or upon additional offer from the Insurer (re-solicitation program).
2.2 The insurance does not apply to items damaged at the time of purchase and items intended for resale by the Insured. Insurance can only be taken out for Items for which this is permitted on the Insurer's website.
2.3 The insurance premium is determined by the amount indicated for the Item on the Insurer's website and the Insured is familiar with it upon purchase of the Item and is determined by the type, model, type and price of the Item, incl. VAT. The premium is a single premium.

3. ACCIDENTAL DAMAGE INSURANCE

Accidental damage insurance covers the period following the purchase of the Item and can be taken out for a period of 1 year from the purchase of the Item

4. FORMATION OF INSURANCE

4.1 The insurance shall commence at the time of purchase of the Item. Payment of the insurance premium is a condition for the insurance to commence. Confirmation of the insurance is the receipt of purchase of the Item, which indicates the type, model, type, serial number and price of the Item and the amount of the premium. The proof of purchase of the Item shall also state the date of the insurance.
4.2 When using the resolicitation program, the insurance shall commence on the date of the additional purchase of the insurance. Payment of the premium is a condition for the insurance to be taken out. The Insured will be sent a confirmation of the insurance electronically, stating the type, model, type, serial number and price of the Item and the amount of the premium.
4.3 The Insured hereby accedes to the terms and conditions of insurance set out in these Terms and Conditions, unless cancellation of the contract is made within 14 days in accordance with the relevant provisions of the Civil Code. The purchase of the Items is not conditional on the insurance, but the insurance is conditional on the purchase of the Items.

5. TERMINATION OF INSURANCE

5.1 In addition to the situations set out in Section 2, Article 9 of the Conditions of Insurance shall be extinguished in the following cases:
1. on the expiry of the last day of Accidental Damage Insurance;
2. the disappearance or theft of the Item for which the proof of purchase was issued;
3. by providing the insurance benefit in money;
4. by a valid withdrawal from the contract of sale within the statutory warranty period due to a warranty defect of the Item; in such case the Insurer shall refund a pro rata part of the premium paid; if the insurance has already been claimed, the pro rata part of the premium shall not be refunded;
5. in the event that the Item covered by the insurance is replaced during the period of Accidental Damage Insurance.
5.2 However, the insurance shall not lapse in the following cases:
1. In the event that the Customer has successfully claimed for repair of the Item under the statutory warranty, the insurance shall not lapse, it shall continue to cover the replacement Item and the agreed period of insurance shall not change.
2. In the event that the Customer has successfully claimed for the replacement of the Item resulting from the statutory warranty, the insurance shall not lapse, it shall continue to cover the replacement Item and the agreed insurance period shall not change.
3. In the event that the Item covered by the insurance is repaired during the period of Accidental Damage Insurance, the insurance shall not lapse and the agreed period of insurance shall not change.

6. SCOPE OF INSURANCE

6.1 Accidental damage insurance covers financial loss to the Item itself caused by mechanical limitation or loss of functionality of the Item by sudden and accidental action of external forces on the Item, which occurs within the agreed period of insurance.
6.2 Accidental damage to the Goods shall not be deemed to be a functional defect in the Goods covered by the Dealer's statutory warranty or the manufacturer's warranty.

7. INSURANCE EVENT AND THE INSURANCE BENEFIT PROVIDED

7.1 An insured event is an accidental event, which is connected with the Insurer's obligation to provide the Insured with an insurance indemnity for damage caused to the Insured by financial loss to the Item itself or the Insurer's obligation to provide the Insured with a replacement Item or the Insurer's obligation to repair the Item.
7.2 Financial loss means the cost or financial loss incurred by the Insured on the Item itself as a result of accidental damage to the Item covered by the insurance. The insurance does not cover any subsequent directly or indirectly related loss arising from accidental damage to the Item.
7.3 The limit of indemnity for damage caused by accidental damage to the Item is the time value of the Item, which is the value of the Item at the time of the insured event. It is determined by deducting 2% of the purchase price of the Item from the purchase price of the Item for each commenced month from the date of purchase of the Item. In each year of insurance, the limit of indemnity may be exhausted up to twice in the case of accidental damage insurance.

8. COMPLICITY

Accidental damage and theft insurance is concluded with a deductible of 10% of the purchase price of the Item, including VAT. If the Insured is a VAT payer, the deductible is agreed at 10% of the purchase price excluding VAT.

9. PROCEDURE IN THE EVENT OF A CLAIM

9.1 The Insured shall, as instructed by the Claims Administrator, attend the point of contact, where he/she shall present the proof of purchase of the Item and the damaged Item. In case of theft of the Item, the Insured shall also submit a copy of the document of the law enforcement authority on notification of the theft of the Item (in case the claim occurred abroad, a copy of the relevant document with an officially certified translation into the Czech, Slovak or English language). In the event of theft of the Item, the Insured is obliged to subsequently deliver a copy of the resolution on the postponement of the item issued in the criminal proceedings (in the event that the damage event occurred abroad, a copy of the relevant document with an officially certified translation into Czech, Slovak or English).
9.2 The insurer shall assess whether a claim has arisen and decide on the most appropriate method of making the claim. It shall notify both the Policyholder and the Insured of its decision.
9.3 The following are the possible methods of claim settlement from which the Claims Insurer may choose:
1. Accidental damage
2. if the Item is repairable, the Insured is assured of having the Item repaired and subsequently the Item is returned to the Insured via the Insurer's contact point, but only subject to the prior payment of a deductible of 10% of the purchase price of the Item (the repair does not include the installation of original or new software or its update and the repair may result in loss of data without replacement); or
3. if the Item has been completely destroyed or its repair would be impractical, the Insured shall be provided with a replacement item, which shall be handed over to him/her at the Insurer's contact point, but only subject to the prior payment of a deductible of 10% of the purchase price of the Item. In the event of a replacement Item being provided, the original Item shall be returned to the Insured
4. if it is not expedient to repair or replace the Item, the Insured shall be paid a cash indemnity in the amount determined in accordance with Part 1, Item 8 of these Conditions after deduction of a deductible of 10% of the purchase price of the Item. The insurance benefit is paid by bank transfer or a credit note is issued to the Insured at the Insurer's contact point. In the event of a cash indemnity, the original Item shall not be returned to the Insured.

10. EXCLUSIONS FROM INSURANCE

10.1 Accidental damage insurance does not cover:
1. repairs covered by the legal warranty or the warranty provided by the manufacturer/seller;
2. manufacturing defect of the goods;
3. normal wear and tear, neglect of maintenance;
4. damage to the Item caused by improper repair or maintenance;
5. damage to the Item caused by use of the Item contrary to the manufacturer's instructions or the purpose for which the Item is intended, including the use of accessories not approved by the manufacturer;
6. Damage to the Item due to fire, lightning, earthquake, storm, explosion or flood;
7. Damage to the Item in connection with civil disturbances, war or exposure to radiation;
8. loss of the Thing or part of it;
9. for any damage to life, health or property other than the insured Item, consequential and/or causally related to the damage to the Item, even if the Insurer is obliged to provide the insurance benefit.
10.2 The insurer shall have the right to reduce or refuse the insurance benefit altogether if the financial loss has been caused by gross negligence in the event that it has occurred:
1. Damage to the Item caused by the Insured's intent or negligence/carelessness in failing to act so as to prevent damage or limit the likelihood of damage to the Item;
2. damage to the Item caused by a third party or a child or pet;
3. damages incurred to the Item in connection with its transportation by a third party from the place of its damage to the service point, including damages directly and indirectly related to the transportation of the damaged Item.

PART 2 - GENERAL CONDITIONS OF INSURANCE

ARTICLE 1

Subject of insurance

The subject matter of the property insurance is the property defined in these contractual provisions (the Subject Matter).

ARTICLE 2

Insured value and sum insured

2.1 The insured value is the highest possible property damage that may occur as a result of an insured event and is decisive for the determination of the sum insured.
2.2 The Insured Value at the time of the insurance is expressed as a time price. It is determined by deducting 2% of the purchase price of the Item from the purchase price of the Item for each commenced month from the date of purchase of the Item.
2.3 The Insured Value shall be determined at the conclusion of the insurance as the purchase price of the Item for which the Insured purchases it from the Policyholder.
2.4 The Policyholder is obliged to notify the Insurer without undue delay of any changes concerning the concluded insurance. The increase of the insured value of the Item by the Insured (e.g. by its improvement) shall not be taken into account.
2.5 The upper limit of the insurance benefit is determined by the sum insured, which is determined by the insured value of the Item at the time of conclusion of its insurance and is determined at the proposal and responsibility of the Policyholder in the amount corresponding to the purchase price of the Item at the time of conclusion of the insurance, which is indicated on the purchase document for the insured Item. The Insurer shall have the right to examine the value of the Insured Property at the time of concluding the insurance. The limit of indemnity shall apply to one insured event, unless otherwise agreed.

ARTICLE 3

Territorial scope - The Insurer shall provide the insurance benefit in the Slovak Republic, i.e. in the country where the Insured purchased the Item covered by the insurance, regardless of where the damage to the Item occurred.

ARTICLE 4

Incurrence and changes to insurance, deductibles

4.1 The Insurer undertakes to indemnify the Insured if an accidental event covered by the insurance (an insured event) occurs and the Insured undertakes to pay the premium to the Insurer.
4.2 By the Insured's acceptance of the offer of insurance by the timely payment of the premium in the amount stated in the offer, the written form of the insurance contract shall be deemed to have been maintained.
4.3 The insurance commences when the Insured purchases the Item, which is the date shown on the purchase receipt for the Item, and the conditions set out in these terms and conditions are met. The Insured hereby agrees to the terms and conditions of the insurance set out in these contractual provisions, unless cancellation of the contract is made within 14 days in accordance with the relevant provisions of the Civil Code.
4.4 All terms and conditions of insurance are set out in these Conditions of Insurance.
The insurance is concluded with a deductible of 10% of the purchase price of the Item, including VAT.4.5 If the Insured is a VAT payer, the deductible shall be 10% of the purchase price excluding VAT.

ARTICLE 5

Rights and obligations of the policyholder and the insured

5.1 The Policyholder and the Insured shall not do anything without the Insurer's consent that would increase the insured risk, hazard or allow a third party to do so. If he/she subsequently discovers that without the Insurer's consent he/she has allowed the insured risk or peril to increase or that the insured risk or peril has increased independently of his/her will, he/she shall notify the Insurer without undue delay. If the Insured is a foreign insured risk, peril, the Insured shall have this obligation.
5.2 The Insured has a duty to take care that an insured event does not occur. If the insured event has already occurred, the Insured shall take such measures that the damage caused does not increase.
5.3 The Insured is obliged to notify the Insurer without undue delay through the Claims Administrator or the Insurer, as the case may be, that a loss event has occurred, to give a truthful explanation of its occurrence and the extent of its consequences, to submit the necessary documents requested by the Insurer and to enable the Insurer to conduct an investigation into the causes of the loss, including an inspection of the insured Item.
5.4 The Insured has the obligation to take proper care of the insured Item, to maintain it in proper technical condition, to use it only for the purpose specified by the manufacturer, etc.
The insured is obliged not to change the state of affairs caused by the insured event of his/her own volition.
5.5 The Policyholder and the Insured shall be obliged to provide the Insurer with the assistance necessary to establish the causes of the claim, to give a truthful explanation of the occurrence and extent of the claim and to submit the necessary documents required by the Insurer.

ARTICLE 6

Rights and obligations of the insurer

6.1 The Insurer shall arrange for electronic delivery of these Terms and Conditions to the Insured. If the Terms and Conditions are lost, the Insurer shall, at the request of the Insured, arrange for them to be re-sent. The Conditions are also available on the Insurer's website.
6.2 In the case of conclusion of an insurance contract in the form of a distance transaction, the insurer shall, without delay after conclusion of the insurance contract, hand over or send by the agreed means of communication the insurance contract, including the insurance conditions and all annexes to the insurance contract.
6.3 The Insurer is obliged to allow the Policyholder and the Insured to inspect the Insurer's documents relating to the claim under investigation and to obtain copies thereof.
6.4 The Insurer is obliged to return, at the request of the Policyholder or the Insured, the documents lent to the Insurer for the purpose of concluding the insurance or in connection with the investigation of the claim.

ARTICLE 7

Premiums and duration of insurance

7.1 The premium is the remuneration for the insurance. The Insurer's right to the insurance premium arises on the date of conclusion of the insurance contract.
7.2 The insurance premium is taken out as a single premium.
7.3 Payment of the premium for the individual insurance periods for the entire period of insurance is given on the purchase receipt of the Item to which the insurance applies and is payable in one lump sum for the entire period of insurance when the Item is purchased.

ARTICLE 8

Termination of insurance

The property insurance shall lapse:

8.1 in case of conclusion of the insurance contract in the form of a distance transaction, the Insured shall have the right to withdraw from the insurance contract without giving any reason within fourteen days from the date of conclusion of the insurance contract or from the date on which he was notified of the insurance conditions, if such notification occurs at his request after the conclusion of the insurance contract;
8.2 if the Insured withdraws from the insurance concluded in the form of a distance transaction, the Insurer shall refund the premium paid without undue delay, but at the latest within thirty days from the date on which the withdrawal becomes effective; at the same time, the Insurer shall have the right to deduct what it has already paid from the insurance.

ARTICLE 9

Claims and claims

9.1 An event of damage is the occurrence of an injury that could give rise to a right to insurance benefits.
9.2 An insured event shall be understood as a loss event, which is connected with the occurrence of the Insurer's obligation to provide insurance benefits.

ARTICLE 10

Insurance benefits

10.1 The Insured shall always be entitled to the insurance benefit.
10.2 The insurer is obliged to provide insurance benefits to the extent and under the conditions set out in the insurance terms and conditions and the insurance contract.
10.3 Without undue delay after notification of a claim, the Insurer shall commence the investigation necessary to establish the existence and extent of the Insurer's obligation to provide an insurance benefit. The investigation shall be completed by notification of its results to the Insured; at the request of the Insured, the Insurer shall itself give reasons in writing for the amount of the insurance benefit or the reason for its refusal. The written form shall also be maintained in the case of electronic communication via e-mail.
10.4 The insurance claim is payable within fifteen days of the date of completion of the investigation.
10.5 In the case of time value property insurance, the Insurer shall provide the insurance benefit in the amount of the time value, but not more than up to the amount of the agreed sum insured or the limit of indemnity.
10.6 The Insurer shall provide the insurance benefit in the currency in which the Item was purchased and the premium paid.

ARTICLE 11

Processing of personal data and communication

11.1 The insurer is obliged to handle personal data in accordance with Act No. 101/2000 Coll., on the protection of personal data.
11.2 The Policyholder agrees that the Insurer shall store information relating to its insurance in the information system. The purpose of the information system is to collect and process data for the protection of clients as well as for the protection of insurers and for statistical purposes.
11.3 The policyholder agrees to the sending of information by means of electronic communication, provided that the policyholder has provided an electronic address or telephone number in the insurance contract. Information sent in this way is for information purposes only and does not in itself cause a change or cancellation of the insurance. This consent may be withdrawn at any time during the term of the insurance.

ARTICLE 12

Service of process

12.1 The Insurer's notices shall be delivered by post, or by an employee of the Insurer or other person authorised by the Insurer, to the last address known to the Insurer.
12.2 The Insurer's correspondence sent by post by registered mail to the Policyholder, the Insured (hereinafter referred to as the "addressee") shall be deemed to have been delivered on the date of: a) receipt of the item,
- refusal to accept the shipment,
- return the parcel as undeliverable, unless the addressee cannot be found at the address given, or if the addressee has changed his/her residence and delivery of the parcel is not possible.
12.3. If the addressee was not reached and the Insurer's document was deposited by the bearer at the post office, the document shall be deemed to have been delivered on the last day of the deposit period, even if the addressee did not learn of the deposit.

ARTICLE 13

Interpretation of terms

13.1 The single premium is fixed for the entire period for which the insurance was taken out. Unless otherwise agreed, the single premium is payable on the date of commencement of the insurance.
13.2 Limit of indemnity means the upper limit of the Insurer's insurance indemnity.
13.3 Distance selling means the conclusion of an insurance contract by means of communication without the need for the simultaneous physical presence of the contracting parties.
13.4 The sum insured corresponds to the insured value of the insured Item at the time of conclusion of the insurance contract. Its amount shall be determined at the proposal of the Policyholder in the insurance contract.
13.5 An insured peril is a possible cause of an insured event.
13.6 Insurance risk is the degree of probability of an insured event caused by an insured peril.
13.7 For the purposes of this insurance, an insurance year means a period of twelve consecutive calendar months. The first insurance year shall commence on the date specified in the insurance contract as the commencement date of the insurance.
13.8 The Insured shall be any natural or legal person who has fulfilled the conditions set out in these contractual provisions or, in the event of a change of ownership of the Item to which the insurance applies, the person to whom the ownership of the Item passes between the time after the inception of the insurance and the end of the duration of the insurance.
13.9 For the purposes of this insurance, a consumer means a natural person who is not acting in the course of his business or in the course of his independent exercise of his profession.
13.10 Resale means the sale of the Item by the Insured to other persons in the course of his business.
13.11 Loss of the Item is a condition when the Insured, independently of his/her will, has lost the possibility to dispose of the Item, does not know where the Item is located or whether the Item still exists at all.

ARTICLE 14

Final provisions

These Terms and Conditions come into force on 1.11.2017

FRAMEWORK AGREEMENT for B2B partners

This Article 4A. GTC only governs the relationship between the Buyer - the Customer and the Seller - the Provider, who have entered into an oral "Marketing and Advertising Framework Contract", (hereinafter referred to as the "Contract" for the purposes of this Article 4A. GTC), whereby the Seller undertook to produce goods with the Buyer's design, to create conditions for their sale, as well as to present the goods through mass communication technologies and also the Buyer's obligation to invoice the Seller for marketing and there was also an agreement between them on the so-called self billing, i.e. an agreement on the issuance of invoices and credit notes (tax documents) by the Seller in the name and on behalf of the Buyer within the meaning of Act No. 222/2004 Coll. Z. on value added tax.
The contents of the Oral Agreement are reflected in this Article 4A. GTC. For the purposes of this Article 4A. GTC shall mean the Seller - Provider and the Buyer - Customer.
The Provider is the owner of the websites www.gomerch.sk, www.gomerch.cz and other internet domains under the management of GoMerch s.r.o. (hereinafter referred to as the "Website")
For the purposes of this contract, design means a work - a design (e.g. a t-shirt with a design, a cap with a design, a backpack with a design, etc.), the author and owner of which is the provider who created the design.
For the purposes of this contract, a semi-finished product means an item without a design, e.g. a T-shirt without a design, a cap without a design, a sweatshirt without a design, etc.
For the purposes of this Contract, Goods means a product of the Provider's design which has been made or supplied by the Provider.
For the purposes of this contract, the buyer is understood to be the customer who has placed an order for goods via the website.
For the purposes of this contract, an order means a purchase contract concluded remotely between the Provider and the Buyer, the subject of which is the purchase of goods, through the website without the simultaneous physical presence of the Provider as the Seller and the Buyer, in particular by using electronic mail.
Commission on the sale of goods means the amount agreed in advance in writing between the provider and the customer.
For the purposes of this contract, marketing activity means the demonstrable presentation of the goods by the Customer, in particular, but not exclusively, through various means of mass communication (Instagram, YouTube, etc.).
Total revenue for the purposes of this contract means the revenue from the sale of goods in a calendar month based on orders received in the Apollo administration system, with the commission calculated automatically from orders sent and received.
Net income for the purposes of this Contract means the total income from orders received per calendar month after deduction of costs, which shall be shared by the Parties in the manner set out in clauses 46 to 52 of this Article of the GTC.
The subject matter of the contract is the obligation of the Provider to produce goods for the Customer in accordance with the terms and conditions set out in this contract and to create conditions for the sale of the goods on the basis of the Buyer's order. The Customer also undertakes to carry out marketing activities for the goods and services sold by the Provider. The subject of the contract is also the granting of a licence pursuant to clauses 17. to 23. of this article of the GTC.
The parties agree that the scope of production of the goods is left solely to the Provider's discretion, taking into account demand and the optimisation of production costs.
The Provider undertakes to create a design for the Customer, which will appear on the goods, websites, social channels and physical media of the Provider, as well as on the Customer's website, whereby the exclusive copyright and ownership of the design will be acquired by the Provider once it is created.
The design shall be produced by the provider by a date to be determined in advance jointly with the customer.
By signing this Agreement, the Provider grants the Customer permission (hereinafter referred to as the "Licence") to use its design for the duration of this Agreement.
The Customer undertakes not to change or modify the design in any way without the exclusive consent of the Provider and also not to grant the licence to third parties.
The Customer is in no way entitled to register the design, which is defined in point 4. of this article of the GTC, the website or the name of the collection as a trademark at the Industrial Property Office of the Slovak Republic, or as a European and/or international trademark.
The Provider is entitled to register the design, the website, the name of the collection as a trademark at the Industrial Property Office of the Slovak Republic, or as a European and/or international trademark.
The Provider grants the Customer a non-exclusive and gratuitous licence to use the design in a manner that is directly commercial, namely for marketing activities, pursuant to Section 91(2) of the Copyright Act.
The licence is granted to the extent necessary to achieve the purpose of this Agreement.
The Provider does not grant to the Customer the consent that the Customer is entitled to grant to a third party the consent to use the design within the scope of the license granted.
The Provider undertakes to produce the design and subsequently the goods according to the specifics agreed in advance between the Customer and the Provider.
The selling price of the goods is determined by the provider.
The Provider provides packaging of the goods, service associated with the goods, delivery to the Buyer, business communication with the Customer and customer care.
The Provider is obliged to allow access to the premises where the goods with the Customer's design are stored at the Customer's request. The Customer shall notify the Provider of this request at least 48 hours before entering the premises. However, the Customer shall not have access to the premises where the production of the goods is carried out.
Communication with the buyer for the purpose of the sale of goods, their delivery and any complaints is provided by the provider.
The Provider shall have the right, without the Customer's consent, to post the Customer's posts with the goods on social networks or using other means of mass communication, as well as to carry out similar acts with a similar purpose.
The Provider and the Customer shall share the costs of setting up and running performance marketing campaigns and other pre-agreed marketing activities in a 50% Provider/50% Customer ratio.
The Provider shall have the exclusive right to terminate the sale of any goods whose sales fall below 40 units per month. Likewise, the sale of goods whose cost of production exceeds its profitability may be terminated.
The Provider has the right to terminate the cooperation with the Customer whose annual sales do not exceed the value of 5000,- € without VAT.
Delivery time: The average delivery time is 7 days from the date of order creation by the buyer. The maximum delivery time is 14 days from the date of order creation by the buyer. If the delivery time of the ordered goods exceeds 14 days from the date of order creation, the buyer will receive a gift with the order with an average value of 5-10% of the order price. The provider is responsible for these costs. The average dispatch time for goods from the first collection is approximately 14 days.
If the product sold has a delivery time other than 14 days, this other time shall apply.
The Customer undertakes to provide the Provider with all necessary assistance to enable the Provider to complete the design in accordance with the Customer's requirements.
The Customer undertakes to present the goods by various means of mass communication (Instagram, YouTube, etc.). When presenting the goods, the Customer shall indicate the fact that the design or the goods were created by the Provider.
During the term of the contract, as well as after its termination, the Customer is obliged to maintain the confidentiality of all facts that are regulated by the contract and are also related to it, or are related to the binding relationship established by this contract, in particular the Provider's business know-how, prices, technical specifications, internal company matters, communication matters, problems in the production and delivery of products, graphics, strategy, identity creation, all ideas that are used in the creation of the collection by the Provider.
After the termination of the cooperation, the Customer may not use the goods, graphic designs, use the brand or defame the Provider's trade name, otherwise it is obliged to pay the Provider a contractual penalty of 10 000,- EUR.
The Customer is obliged to supply high quality photographs in which the goods are presented or to actively participate in the photography/videography for the presentation of the goods.
The customer has the right to express his opinion on the final design and the goods.
The customer is entitled to one free sample of each item in the collection.
The Customer is obliged to provide the Provider with administrator access to social networking accounts solely for the purposes of creating merch marketing campaigns, collecting statistics and evaluating them. These accesses will be granted for the duration of this contract and only to the social networks on which the Customer presents the merchandise, to the extent that the social network in question allows at the time.
The Customer is obliged to respond regularly and actively to messages, calls or other communications from the Provider for the purpose of efficiency and good business relations.
The Customer assumes 100% responsibility for unsold goods.
The Customer is obliged, if requested by the Provider, to reserve a monthly time of at least 10 hours for communication and preparation of goods or other deliverables with the Provider.
The Customer undertakes to observe the principle of fair business dealings and to maintain business practices (e.g. in the issue of invoices) in order to continue business cooperation and will not undertake activities in this respect that would cause an imbalance in business risk. The Customer is obliged to respond to messages, calls or other communications from the Provider within 48 hours of receipt for the purpose of efficiency and good business relations.
The Parties shall bear the costs of complaint, replacement and return of the goods ordered by the Purchaser in the ratio of 50% by the Provider and 50% by the Purchaser.
The parties shall bear the costs for goods ordered by the purchaser that have not been received in the proportion of 50% by the provider and 50% by the purchaser.
The fee on the payment gateway is approximately 1% of the total amount (purchase price) of the order, which is paid by the Provider and this cost is shared by the Provider and the Customer in the ratio of 50% Provider and 50% Customer.
The contracting parties shall bear the costs of "free shipping" (free shipping is above EUR 100 of the total amount including VAT - the purchase price of the order) in the ratio of 50% by the provider and 50% by the customer.
The Parties shall bear the costs of processing orders (the accounting fee is EUR 0.76 excluding VAT for each order) in the ratio of 50% by the Provider and 50% by the Customer.
The parties shall bear the costs for the discount fees - commission deductions caused by the percentage discount of the entire order in the ratio of 50% by the provider and 50% by the customer.
The parties shall bear the costs of the samples in the ratio of 50% by the provider and 50% by the customer; this is without prejudice to point 41 of this article of the GTC; for a new collection, the customer is entitled to one free sample after approval by both parties)
The parties agree to split the net proceeds from the sale of the goods 50 % by the provider and 50 % by the customer.
The Provider shall send the Customer a monthly report (hereinafter referred to as the "Monthly Report") each calendar month, including:
- o the customer's net income from the sale of goods
- for information on the sale of goods
- o the total cost of the customer
- o the cost of producing samples of the goods for the customer
Upon receipt of the monthly report, the Customer is obliged to immediately issue an invoice for marketing activities to the Provider on the last day of the monthly period, with the invoice due within 14 days, with the amount of the monthly remuneration for marketing activities being calculated according to the activities carried out in the given month.
At the end of the monthly period, the Customer's stock of goods will be checked and the Customer's commission of 50% of the value of the stock will be withheld. This applies if the parties have agreed that the scope of product selection and production of the goods is left solely to the Provider's discretion.
In the event that the Customer has requested the purchase and manufacture of specialty or non-traditional products, the Customer shall be responsible for 100% of the value of the products and merchandise, and the Customer's commissions shall be retained at 100% of the value of the stock for all such merchandise.
In the event that the Customer has requested the purchase and manufacture of specialty or non-traditional products, the Customer shall be responsible for 100% of the value of the products and merchandise, and the Customer's commissions shall be retained at 100% of the value of the stock for all such merchandise.
The minimum amount of commission that is paid is 200,- EUR excluding VAT.
The parties agree that this contract is concluded for an indefinite period of time.
The Customer undertakes not to enter into the same or similar contractual relationship with a third party (entity other than the Provider) with the same or similar object and purpose as agreed in this Contract during the term of this Contract.
The Parties agree that if the Customer breaches any contractual obligation set out in this Contract, the Customer shall be obliged to pay the Provider a contractual penalty of EUR 2800,- per breach of contractual obligation; the Customer shall be obliged to pay the contractual penalty repeatedly to the Provider in the event of repeated breach of any contractual obligation.
The Customer shall be entitled to terminate this Contract if the Provider has breached its obligations under this Contract. The period of notice shall be 3 months. The period of notice shall commence on the first day of the month following the month in which the notice of termination is received by the Provider. At the same time, the Customer shall, no later than the date of expiry of the notice period, repurchase the Products from the Provider at the purchase price and cover the costs of the remaining unsold Goods or, with the Provider's agreement, actively cooperate in their resale within a period of 3 months from the expiry of the notice period; after the expiry of the notice period, the Customer shall be obliged to repurchase the Products from the Provider at the purchase price and cover the costs of the remaining unsold Goods. Otherwise, the Customer shall pay the Provider a contractual penalty equal to the total purchase price of the remaining goods. The Provider undertakes to store the remaining goods free of charge in the warehouse for 1 month from the end of the contractual relationship or during the after-sale period, after which it shall be entitled to charge a storage fee of EUR 20,- excluding VAT per Euro-pallet (in words, twenty Euros) per day.
The Provider shall be entitled to terminate this Contract without cause or if the Customer has breached its obligations under this Contract. The period of notice shall be 1 month. The period of notice shall begin on the first day of the month following the month in which the notice of termination is given to the Customer. At the same time, the Customer shall, no later than the date of expiry of the notice period, purchase the Products from the Provider at the purchase price and cover the costs of the remaining unsold Goods or, with the Provider's consent, actively cooperate in their resale within a period of 3 months from the expiry of the notice period; after the expiry of the notice period, the Customer shall purchase the Products from the Provider at the purchase price and cover the costs of the remaining unsold Goods. Otherwise, the Customer shall be obliged to pay the Provider a contractual penalty equal to the total purchase price of the remaining goods. The Provider undertakes to store the remaining goods free of charge in the warehouse for 1 month from the end of the contractual relationship or during the after-sale period, after which it shall be entitled to charge a storage fee of EUR 20,- excluding VAT (in words, twenty euros) per day.
The contractual relationship may also be terminated by written agreement of the parties.
Service of any document under or in connection with this Agreement shall be deemed to be service by post, courier or personal delivery on the relevant party. The day on which the addressee Party refuses to accept service of a document or on which the time limit for collection at the post office expires in vain shall also be deemed to be the day on which the document is served. The address of delivery shall be deemed to be the registered office or place of business or permanent residence of the respective Party as specified in this Contract.The Parties shall also be entitled to communicate by e-mail, except for termination of the Contract pursuant to Clauses 64 to 66 of this Article of the GTC or withdrawal from this Contract.
The Parties are obliged to notify each other in writing of a change of address for the delivery of documents or a change of e-mail address.
The Parties agree that this contract shall be governed by the legal regime of the Commercial Code of the Slovak Republic.
The rights and obligations of the Parties not regulated by this Contract shall be governed by the relevant provisions of the Commercial Code of the Slovak Republic and other relevant legislation.
The Parties undertake to ensure the protection of personal data referred to in this contract in a manner in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data.
The Parties undertake to settle all disputes arising in connection with this Contract primarily by agreement.
The Parties agree that any disputes arising in connection with this Agreement shall be subject to the jurisdiction of the courts of the Slovak Republic.