GENERAL TERMS AND CONDITIONS
1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued:
GaG racing s.r.o.
Registration number 48 215 538
Tax ID 2120118132
VAT reg. no. SK2120118132
with registered offices at: Vladimíra Clementisa 6449/20, 91701 Trnava
registered in the Commercial Register of the District Court of Trnava, Section Sro, Insert 36112/T
phone: +421 948 357 099
(hereinafter referred to as the "Seller")
2. These terms and conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a Purchase Contract outside his/her business activity as a consumer or within his/her business activity (hereinafter referred to as: "Buyer") through the web interface located on the website available at www.bushings.eu (hereinafter referred to as the "Online Shop").
3. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Any deviating provision in the Purchase Contract shall prevail over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the Purchase Contract are concluded in the English language.
Information on Goods and Prices
1. Information about the goods, including the price of the individual goods and their main characteristics, is given for each individual good in the catalogue of the online shop. The prices of the goods are inclusive of value added tax, all related charges and the cost of returning the goods if they cannot, by their nature, be returned by the usual postal method. The prices of the goods remain valid for the period of time they are displayed in the online shop. This provision does not preclude the negotiation of a contract of sale on individually agreed terms.
2. All presentation of the goods in the catalogue of the online shop is of an informative nature and the Seller is not obliged to conclude a contract of sale with regard to these goods.
3. Information on the costs associated with the packaging and delivery of the goods is published in the online shop. The information on the costs associated with the packaging and delivery of the goods listed in the online shop is valid only in cases where the goods are delivered within the territory of Estonia.
4. Any discounts on the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the Seller and the Buyer.
Order and Conclusion of the Purchase Contract
1. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself. These costs do not differ from the basic rate.
2. The Buyer orders the goods in the following ways:
via his customer account, if he has previously registered in the online shop,
by completing the order form without registration.
3. When placing an order, the Buyer selects the goods, the number of items, the method of payment and delivery.
4. Before sending the order, the Buyer is allowed to check and change the data he has entered in the order. The Buyer shall send the order to the Seller by clicking on the "Send" button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that he has read these terms and conditions.
5. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer at the time of ordering. This confirmation is automatic and shall not be deemed to constitute the conclusion of a contract. The confirmation shall be accompanied by the Seller's current terms and conditions. The Purchase Contract is concluded only after the Seller has received the order. Notification of receipt of the order is delivered to the Buyer's email address. / Immediately upon receipt of the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation shall be deemed to be the conclusion of the contract. The confirmation shall be accompanied by the Seller's current terms and conditions. The Purchase Contract is concluded by the confirmation of the order by the Seller to the Buyer's email address.
6. In the event that any of the requirements stated in the order cannot be fulfilled by the Seller, the Seller shall send a modified offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal of the Purchase Contract and the Purchase Contract shall be concluded in such case by the Buyer's confirmation of the acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.
7. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of the Seller's acceptance of the order. The Buyer may cancel an order by telephone to the Seller's telephone number or by electronic message to the Seller's email, both as set out in these Terms and Conditions.
8. In the event of an obvious technical error on the part of the Seller in the price of the Goods in the online shop or during the ordering process, the Seller shall not be obliged to deliver the Goods to the Buyer at the price for such quite obviously incorrect price, even if the Buyer has been sent an automatic acknowledgement of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new draft Purchase Contract and the Purchase Contract shall be concluded in such case by the confirmation of receipt by the Buyer to the Seller's email address.
1. Based on the buyer's registration made in the online shop, the buyer can access his customer account. From his customer account, the Buyer can order goods. The Buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account whenever it is changed. The data provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use the customer account.
5. The Seller may terminate the customer account, in particular if the Buyer does not use his/her customer account for a longer period of time or if the Buyer breaches his/her obligations under the Purchase Contract and these Terms and Conditions.
6. The Buyer acknowledges that the customer account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.
Payment Terms and Delivery of Goods
1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer in the following ways:
by wire transfer to the Seller's bank account IBAN SK2011110000001325697007, maintained by UniCredit Bank Czech Republic and Slovakia, a.s., pobočka zahraničnej banky
by cashless payment card via the GoPay payment gateway
wire transfer to the Seller's account via PayPal payment gateway
cash on delivery or by credit card upon delivery of the goods
in cash or by credit card upon personal collection at a DPD dispatch office
2. Together with the purchase price, the Buyer is obliged to pay to the Seller the costs associated with the packaging and delivery of the goods in the contractual amount. Unless expressly stated otherwise below, the purchase price shall also include the cost of delivery of the goods.
3. In the case of non-cash payment, the purchase price is due within 7 days of the conclusion of the Purchase Contract.
4. In the case of payment via a payment gateway, the Buyer shall follow the instructions of the respective electronic payment provider.
5. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
6. The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before dispatch of the goods shall not be a deposit
7. According to the Act on Registration of Sales, the Seller is obliged to issue a cash receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online and, in the event of a technical failure, within 48 hours at the latest.
8. The goods are delivered to the Buyer:
to the address specified by the Buyer in the order
via the dispatch office to the address of the dispatch office designated by the carrier (DPD), if the goods could not be delivered to the address designated by the Buyer in the order
9. The choice of delivery method is made during the ordering process.
10. The cost of delivery of the goods, depending on the method of dispatch and collection of the goods, is specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is arranged on the basis of a special request by the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of delivery.
11. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer shall be obliged to take delivery of the goods upon delivery. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
12. Upon delivery of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. In the event of any damage to the packaging indicating unauthorised intrusion into the package, the Buyer may not accept the shipment from the carrier.
13. The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the Buyer's email address/Tax document is attached to the goods delivered.
14. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental loss, damage or destruction of the goods shall pass to the Buyer at the time of acceptance of the goods or at the time when the Buyer was obliged to accept the goods but failed to do so in breach of the contract of sale.
Withdrawal from the Contract
1. The buyer, who has concluded a Purchase Contract outside his business activity as a consumer, has the right to withdraw from the Purchase Contract without giving any reason.
2. The withdrawal period is 14 days
from the date of collection of the goods,
from the date of collection of the last delivery of the goods, if the subject of the contract is several types of goods or the delivery of several parts
from the date of collection of the first delivery of the goods, if the subject of the contract is a regular recurring delivery of goods.
3. The Buyer may not, inter alia, withdraw from the contract of sale:
on the provision of services, if they have been performed with his prior express consent before the expiry of the withdrawal period and the Seller has notified the Buyer prior to the conclusion of the contract that he has no right to withdraw from the contract in such a case, and if the services have been fully performed,
on the delivery of goods or services, the price of which depends on fluctuations in the financial market independent of the will of the Seller and which may occur during the withdrawal period,
on the delivery of goods which have been customised according to the Buyer's wishes, custom-made goods or goods specifically designed for a single Buyer,
on the delivery of goods that are subject to rapid deterioration, as well as goods that, due to their nature, were irreversibly mixed with other goods after delivery,
on the delivery of goods in closed packaging, which is not suitable to return for reasons of health protection or for hygienic reasons and whose protective packaging was broken after delivery,
on the delivery of audio recordings, video recordings, audio-visual recordings, books or computer software, if they are sold in protective packaging and the Buyer has unpacked this packaging,
on the delivery of newspapers, periodicals or magazines, with the exception of sales based on a subscription agreement and the sale of books not supplied in protective packaging,
on the delivery of electronic content other than on a tangible medium, where the supply has been initiated with the express consent of the Buyer and the Buyer has declared that he has been properly informed that the expression of such consent he loses the right to withdraw from the contract,
in other cases referred to in Section 7(6) of Act No. 102/2014 Coll. on Consumer Protection in Relation to Sales of Goods or Provision of Services under a Distance Contract or a Contract Concluded away from the Seller's Business Premises, as amended.
4. In order to comply with the withdrawal period, the Buyer must send the withdrawal declaration within the withdrawal period of the contract.
5. To withdraw from the Purchase Contract, the Buyer can use the model withdrawal form provided by the Seller. Withdrawal from the Purchase Contract shall be sent by the Buyer to the Seller's email or delivery address specified in these terms and conditions. The Seller will immediately confirm receipt of the form to the Buyer.
6. The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by the usual postal method due to their nature.
7. If the Buyer withdraws from the contract, the Seller shall immediately, but no later than 14 days after the withdrawal from the contract, return to the Buyer all funds, including delivery costs, received from the Buyer in the same manner. The Seller will return the money received to the Buyer in another way only if the Buyer agrees and if it does not incur additional costs.
8. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
9. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer has handed over the goods to the Seller or proved that he has sent the goods to the Seller.
10. The goods must be returned by the Buyer to the Seller undamaged, unworn and unsoiled and, if possible, in their original packaging. The Seller shall be entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.
11. The Seller shall be entitled to withdraw from the Contract of Purchase due to the sale of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall refund all funds, including delivery costs, received from the Buyer under the contract in the same manner or, where applicable, in the manner specified by the Buyer, within 14 days of the notice of cancellation of the Contract of Purchase.
Rights from Defective Performance
1. The Seller shall be liable to the Buyer that the goods are free from defects upon delivery. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:
the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising made by the Seller,
the goods are fit for the purpose for which the Seller states they are to be used or for which goods of that kind are usually used,
the goods are in the appropriate quantity or weight and
the goods comply with the requirements of the law.
2. If the defect manifests itself within six months from the receipt of the goods by the Buyer, it shall be deemed that the goods were already defective upon receipt. The Buyer shall be entitled to claim rights under a defect that occurs in consumer goods within twenty-four months of receipt. This does not apply to goods sold at a lower price because of a defect for which the lower price was agreed, to wear and tear caused by the normal use of the goods, to second-hand goods because of a defect corresponding to the degree of use or wear and tear which the goods had when they were taken over by the Buyer, or if this is apparent from the nature of the goods.
3. In the event of a defect, the Buyer may submit a complaint to the Seller and demand:
if it is a defect that can be remedied:
removal of the defect in the goods free of charge,
replacement of the goods with new goods,
if it is a defect that cannot be remedied:
reasonable discount on the purchase price,
withdrawal from the contract.
4. The buyer has the right to withdraw from the contract,
if the goods have a defect which cannot be remedied and which prevents the goods from being properly used as free from defect,
if the goods cannot be properly used because of the recurrence of the defect or defects after repair,
if the goods cannot be properly used because of a greater number of defects in the goods.
5. The Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, possibly also in the registered office or place of business. The Buyer may also lodge a complaint with a person designated by the Seller. If the Buyer's complaint is handled by a person designated by the Seller, the Seller may handle the complaint only by handing over the repaired goods, otherwise the complaint shall be forwarded to the Seller for handling. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
6. If the Buyer submits a complaint, the Seller or his/her authorised employee or designated person is obliged to instruct the Buyer on his/her rights arising from the defective performance. On the basis of the Buyer's decision which of his rights arising from the defective performance he claims, the Seller or his authorised employee or designated person is obliged to determine the manner of handling the claim immediately, in complex cases no later than within three working days from the date of the claim, in justified cases, in particular if a complex technical assessment of the condition of the goods is required, no later than within 30 days from the date of the claim. Once the method of handling the complaint has been determined, the complaint, including the correction of the defect, must be handled immediately, and in justified cases the complaint may be handled later. However, the processing of the complaint, including the removal of the defect, may not take longer than 30 days from the date of the complaint. The expiry of this time limit shall be deemed to be a material breach of contract and the Buyer shall have the right to withdraw from the Purchase Contract or have the right to have the goods exchanged for new goods. The moment when the Buyer's expression of intent (exercise of the right of defective performance) to the Seller shall be deemed to be the moment when the complaint is made.
7. The Seller shall inform the Buyer in writing of the outcome of the complaint, no later than 30 days from the date of the complaint.
8. The Buyer shall not be entitled to the right of defective performance if the Buyer knew before taking over the item that the item has a defect, or if the Buyer caused the defect himself.
9. In the case of a legitimate complaint, the Buyer shall be entitled to compensation for the costs reasonably incurred in connection with the complaint. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.
10. The Buyer has the choice of the method of complaint and its handling, if there are several options.
11. The rights and obligations of the contracting parties with regard to rights from defective performance are governed by Sections 499 to 510, 596 to 600 and 619 to 627 of Act No. 40/1964 Coll. of the Civil Code, as amended, and Act No. 250/2007 Coll., on Consumer Protection, as amended.
12. Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Regulations.
1. The Parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.
Out-of-Court Solution to Disputes
1. The Buyer has the right to apply to the Seller for redress if he is dissatisfied with the manner in which the Seller has dealt with his complaint or if he believes that the Seller has violated his rights. The consumer has the right to file a petition for alternative (out-of-court) dispute resolution with an alternative dispute resolution body if the Seller has responded to the request under the preceding sentence in a negative manner or has not responded to it within 30 days from the date of its dispatch. This shall be without prejudice to the Buyer's right to apply to the courts.
2. The Slovak Trade Inspection (STI), with its registered office at Prievozská 32, 827 99 Bratislava, ID No.: 17 331 927, which can be contacted for the above purpose at the address of the Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at firstname.lastname@example.org or adr.@soi.sk, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Contract. Internet address: https://www.soi.sk/. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
3. the European Consumer Centre Slovak Republic, with registered office at Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk/ is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
4. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent District Office of the Department of Entrepreneurship. The Slovak Trade Inspection Authority shall, among other things, supervise compliance with Act No 250/2007 Coll. on consumer protection as amended.
1. All arrangements between the Seller and the Buyer shall be governed by the laws of the Slovak Republic. If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights under generally binding legislation.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Act No. 250/2007 Coll. on consumer protection as amended.
3. All rights to the Seller's website, in particular the copyrights to the content, including the page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the permission of the Seller.
4. The Seller shall not be liable for errors resulting from third party intervention in the online shop or from its use contrary to its intended use. The Buyer shall not use any procedures in the use of the online shop that could have a negative impact on its operation and shall not carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the online shop and use the online shop or its parts or software in a manner that would be contrary to its purpose or intended use.
5. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.
6. The Seller may amend or supplement the terms and conditions. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
These terms and conditions come into force on 20.11.2023