General Terms and Conditions and Client Information
As of: 04.04.2016
All contractual agreements entered into by GEMTECH, s.r.o., Kukucinova 494/32, 058 01 Poprad, Slovak Republic, ID Nr.: 36712868, VAT Nr. SK2022294362 (herein after referred to as “Seller”) and Client are subject to the Terms & Conditions applying at the time the contract takes effect.
2. Contracting Parties
These Terms and Conditions of the company GEMTECH, s.r.o., (herein after referred to as "Seller") shall apply to all contracts concluded between a consumer or an trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.
All contractual agreements entered into will be between Seller and Client who must be 18 years of age and legally competent. If Seller should unintentionally enter into a contractual agreement with an individual legally incapable to enter contracts, any contractual agreement between the two parties becomes void with immediate effect.
The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
By submitting an order online (i.e. after selecting the product(s), completing the Seller online order form and confirming the order by clicking the submit button), or by placing an order in the form of an email, letter or phone call, Client´s issue a legally binding purchase offer which will need to be accepted by Seller.
Seller reserves the right to refuse orders. If Seller should reject an order, the Client will be notified immediately.
A legally binding contract will be formed between Seller and the Client at the time of Seller formally confirming the order, or at the time the Client has received the goods. N.B. Any automated messages sent by Seller to Clients in response to Clients submitting their orders do not constitute a formal order confirmation.
It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
4. Right to Cancel and Return Policy
4.1 Right to Cancel
The Client can cancel an order without giving a reason within a time period of fourteen (14) days by notifying Seller in writing, sending a letter or email to: email@example.com
GEMTECH, s.r.o., Karpatska 3256/15, 058 01 Poprad, Slovak Republic
In order to do so, Clients may download and print out an Order Cancellation Form (available here)
Orders may be cancelled within a time period of fourteen (14) days, commencing on the day the Client, or a representative acting on behalf of the Client (excluding members of postal or carrier services), has received the goods. If the delivery comprises multiple separate shipments, the time period commences on the day the Client, or a representative acting on behalf of the Client (excluding members of postal or carrier services), has received the shipment that completes the delivery.
4.2 Cancellation & Refunds
Seller shall refund all payments (including delivery charges) received from the Client within a time period of fourteen (14) days after the Client has cancelled an order. However, Seller will not refund any delivery costs incurred by the Client opting for delivery methods other than those offered by Seller at the time the order was placed. Unless otherwise agreed, Seller will issue refunds by using the same payment method the Client has chosen when paying for the order. If the original payment method is not an available option, Seller shall refund the Client by either arranging for a bank transfer. Furthermore, refunding the Client shall not incur any charges.
Seller shall have the right to refuse issuing a refund until any goods dispatched under the terms of the contract have been returned, or the Client has provided proof of return.
The Client shall return any goods within a time period of fourteen days commencing on the day the Client has notified Seller of the order cancellation. Clients must provide proof of return upon request. All items are returned to Seller at the Client's risk.
4.3 Returns & Return Costs
If cancelling an order involves returning items to Seller the Client agrees to pay the cost of return delivery.
Items that can be returned via mail should be sent to Seller. Clients must ensure that the correct return postage is paid. All surcharges incurred by returning an item with insufficient postage will be billed to the Client.
If the accumulated size or weight of the items prevents returning these items via standard mail, standard courier or parcel carrier, Seller will provide a Returns Service (optional), with the cost of return delivery to be paid by the Client. Clients who wish to use the Returns Service may indicate this either at the time they cancel the respective order, or at a later time, by notifying Sellers by phone, or sending a letter or email to Return address.
Seller will pay the cost of return delivery if the Client returns an item wrongly sent to the Client, or if the Client has received faulty goods. In these cases, the Client must notify Seller by either
a) a letter to: GEMTECH, s.r.o.,Karpatska 3256/15, 058 01 Poprad, Slovak Republic
b) phone, calling +421 (0) 52 7897891
c) an e-mail sent to: firstname.lastname@example.org
N.B.: Your right to cancel does not affect your statutory rights.
4.4 Items Exempt from Cancellation Rights
The Right to Cancel does not apply to
custom-made items tailored to the Client's own specifications, or items personalised in any way;
all types of perishable goods, or hygiene products, such as shavers, toothbrushes etc, which have been unsealed;
sealed media items which have been unsealed, such as audio or video recordings, CDs, DVDs or PC software;
newspapers, periodicals or magazines, with the exception of printed media supplied under the terms of a subscription agreement;
digital products not contained on a physical storage medium (downloads), as soon as they have been supplied by Seller after obtaining the Clients' consent, also notifying them, using a permanent medium, of the loss of their Right to Cancel in the process.
5. Goods Inspection – Depreciation - Damages
The Client shall have the right to inspect any goods received from Seller. This inspection may include carrying out a brief function test to ensure the purchased item is in full working order. However, the Clients right to inspect the purchased goods does not include prolonged use of the items.
The Client is liable for any depreciation of items resulting from inappropriate use during the inspection of the goods.
The Client is liable for any damages to the purchased item that occur during the inspection of the goods. However, the Client's liability shall not exceed the purchase price of the item.
6. Limited Availability of Items or Services
In the case of items no longer available at Seller at the time the Client's order has been received, Seller reserves the right to either offer the Client items and services matching both quality and price of the original order, or to cancel the order entirely. In the latter case, Seller shall reimburse any payment made by the Client. Seller shall refund Clients paying On Account by crediting their respective customer account with the appropriate amount.
7. Typographical Errors
Seller reserves the right to amend product details in printed catalogues/on Seller websites if they should be found incorrect or incomplete. In these cases the Client shall be entitled to explicitly re-confirm the purchase order taking into account the new details. Otherwise, Seller shall have the right to cancel the order. Seller shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.
Goods are generally delivered on dispatch route and to the delivery address indicated by the Client. Unless otherwise agreed, orders dispatched to countries within the EU will be delivered within 14 working days (30 days at most). Delivery to countries outside the EU takes between 2 and 4 weeks. For orders that have been paid in advance, the delivery period commences the day after payment has been received. For all other payment options, the delivery period starts the day after the order has been confirmed. N.B. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday in Slovakia, the delivery period is extended to the following working day.
The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods.
Claims related to incomplete deliveries or goods damaged during the delivery process must be directed at the respective delivery service, and must be made immediately after the order has been delivered. Replacement items are subject to the Client providing to Seller proof of the claim being made.
9. Delivery Rates
The amount Clients pay will be the item price quoted plus delivery charges. The latest domestic and international shipping rates to countries Seller operates in are available on the Seller webpage www.gemtech.eu Moreover, the delivery costs applying to a given online order are displayed on the checkout page (i.e. the penultimate step in the online ordering process prior to submitting the order).
All prices quoted on www.gemtech.eu are in EUR and represent the total amount due, including VAT charge at the rate that applies in the Client's country on the day of purchase (Checkout). Seller reserves the right to individually price items offered online. This means that prices stated on www.gemtech.eu may differ from the prices quoted in Seller print catalogues/leaflets. Seller is under legal obligation to implement any changes in VAT. For technical reasons, prices displayed in the shopping basket during the check-out may differ from those quoted on the product pages. In this case, prices displayed check-out page apply. Seller reserves the right to amend prices displayed in the shopping basket if the amount quoted should be incorrect or incomplete.
Prices quoted in printed editions of Seller catalogues and leaflets are in EUR and represent the total amount due at the time of the purchase, including VAT charge at the rate that applies in the Client's country on the day the catalogues/leaflets are published. If VAT should increase after the release of printed catalogues/leaflets, Seller is under legal obligation to implement the VAT increase. Furthermore, Seller reserves the right to pass on significant price increases caused by Sellers' suppliers to the Client. Price quotes in the latest print editions of Seller catalogues supersede all previous publications. Actual price information available online at www.gemtech.eu and by phone (+421 (0) 52 7897891).
Seller reserves the right to amend prices if the amount quoted in printed catalogues and on the Seller webpage should be incorrect or incomplete. In these cases, Seller shall notify the Client of the price change, with the Client being entitled to explicitly re-confirm the purchase order at the new price. Otherwise, Seller shall have the right to cancel the order. Seller shall not be liable for any damages, direct or indirect, resulting from amended product details, with the exception of damages caused by intent, gross negligence, or bodily harm.
11. Payment Conditions
All payments are in EUR. Seller offers the following payment options: Advance Payment, as well as payment by credit card and via PayPal.
Regular bussiness customers may also pay on Invoice (Purchase on Account). This payment method is possible only for long-term business customers from European Union except the private customers.
Please note that any bank transfer charges incurred in respect of your order will be added to your balance. If we do not receive your payment within 30 days, your order will be cancelled automatically.
Seller shall have the right to provide the debt collection agency with the Client's name (including maiden name, as well as any previous names), gender, last known address, occupation, the amount owed and the Client's previous credit rating.
12. Retention of Title
Title to any items shall remain vested in Seller and shall not pass to the Client until the purchase price for the items has been paid in full and received by Seller. Any replacement items provided by Seller shall remain vested in Seller until the item has been received by the Client. Upon receipt, the item shall become the property of the Client.
Seller shall ensure that all items are of satisfactory quality, fit for purpose and as described. Properties and specification of any delivered item shall be according to the product information provided in Seller mail order catalogues and on the Seller webpage (www.gemtech.eu). Seller provides at least a 2-year warranty on all new items. The guarantee period commences at the delivery date.
Seller shall not be liable for claims in conjunction with warranties provided by item manufacturers and other third parties at the time of purchase. Clients wishing to make a claim need to contact the manufacturer of the item directly.
In the case of the delivered item being faulty or damaged, Seller shall either repair the item or provide the Client with a replacement item. If Seller is unable to repair a faulty item, or provide the Client with a replacement item, the Client shall be entitled to ask for a reduction of the purchase price, or cancel the order. However, the right to cancel does not apply in the case of minor item faults.
Warranties provided by Seller only apply to single items. Warranties for aggregates of items require a mutual agreement between Seller and the Client at the time of purchase.
Seller shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the Client.
Seller receiving a returned item in conjunction with a claim does not automatically constitute Seller accepting the claim.
Seller is not liable to the Client (or any other parties) for
I. any loss or damage which was not caused by Seller's breach of contract or Seller's breach of legal duty of care;
II. any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if at the time Seller and you entered into the contract, either
a) such loss or damage was contemplated by Seller and the Client, or
b) the Client notified Seller that the loss or damage may occur if Seller Electronic SE breached the Contract or Seller's legal duty of care
c) any loss or damage caused by The Client's use of Seller's webpage, help desks or call centres.
Unless otherwise agreed, Seller shall not be liable to the Client (or any other parties) for any damage, and injuries, or loss of income, business or profits as a result of the loss, corruption of, or damage to, data stored by the Client on items purchased from Seller.
Nothing in these Terms & Conditions shall affect Seller's liabilities under the Client Protection Act.
Nothing in these Terms & Conditions shall exclude or limit Seller's liability for a) fraud; b) personal injury caused by Seller's negligence; or c) liability which may not be excluded or limited under any applicable law.
15. Changes in Customer Details
The Client shall notify Seller immediately of any changes in the shipping address, invoice address and contact details, as well as of any relevant changes in the Client‘ personal details (such as name changes) in relation to any orders being processed or in any other way awaiting completion. Orders will be dispatched to the Client’s last known address/contact. Seller cannot be held responsible for any losses or damages incurred as a result of out-of-date Client details.
16.Applicable Law & Jurisdiction
All contractual agreements between Seller and The Client shall be governed by and construed in accordance with the laws of the Slovak Republic.
The legal language is Slovak. Although Seller offers an English and German language version of the website content and Seller's Terms & Conditions, these translations are provided for the Client's convenience only.
Note for battery and electronics disposal:
Batteries and electronics contain valuable raw materials, which are indeed harmful to the environment, but can be recycled. Old batteries and electronics therefore should not be placed in simple household waste but must be disposed of separately. Distributors are legally required to take back used batteries and electronics; Clients are obligated to a suitable collection point.
Pb Cd Hg
Batteries subject to disposal are identified by the crossed out wheelie bin, which is printed on the packaging. Under the bin symbol each contains the chemical name of the pollutant:
Pb = lead
Cd = cadmium
Hg = mercury
Of course, you can return to us the batteries and electronics from products purchased from us for proper disposal. Please send a sufficiently stamped parcel containing the keywords “Battery and electronics Disposal” to: GEMTECH, s.r.o., Karpatska 3256/15, 058 01 Poprad, Slovak Republic.
058 01 Poprad
ID Nr.: 36712868
VAT Nr.: SK 2022294362
Tel.: +421 52 7897891
Here you can download the Terms and Conditions as a PDF file: Link to PDF version
Order Cancellation Form (Template)
If you would like to cancel an order, please complete the form
N.B. Order Cancellation Form available in PDF (download here).