GENERAL BUSINESS TERMS AND CONDITIONS
Trading company: ROLAM s.r.o.
Registered office: Janáčkovo nábřeží 1153/13, 150 00 Praha 5 – Smíchov
Identification No.: 26342324
Incorporated in the Commercial Register of the Municipal Court in Prague, File No. C 96381
Applicable to the sale of goods through the on-line e-shop located at internet address www.gcapoker.com<http://www.gcapoker.com
1.PREAMBLE
1.1. These Business Terms and Conditions (“BTC”) of the trading company ROLAM s.r.o. having its registered office at Janáčkovo nábřeží 1153/13, 150 00 Praha 5 - Smíchov, Identification No.: 26342324, incorporated in the Commercial Register of the Municipal Court in Prague, File No. C 96381 (the “Seller”), set up in compliance with the provisions of Section 1751(1) of Act No. 89/2012 Sb., the Civil Code, as amended (the “CC”), govern the mutual rights and obligations of the contracting parties arising under or in connection with a purchase agreement (the “Purchase Agreement”) entered into by and between the Seller and the Buyer through the Seller’s e-shop. The e-shop is operated by the Seller on the website located at www.gcapoker.com<http://www.gcapoker.com (the “Website”) through a Website interface (the E-shop Web Interface”).
1.2. Certain provisions of these BTC only apply to the sale of goods to consumers. The provisions of the BTC that apply exclusively to consumers do not apply to persons ordering goods in the course of their business or profession.
1.3. In accordance with Article 5 of the BTC, the consumer has the right to withdraw from the Purchase Agreement within 14 days of the date of receipt of the goods. The cost of returning the goods is borne by the consumer. The Purchase Agreement withdrawal form is part of the BTC.
1.4. Provisions deviating from the BTC may be agreed in the Purchase Agreement. Such deviating provisions of the Purchase Agreement shall prevail over the provisions of the BTC.
1.5. The provisions of these BTC form an integral part of the Purchase Agreement. The Purchase Agreement and the BTC are drawn up in Czech language. The Purchase Agreement can be entered into in Czech language.
1.6. The Seller may amend or supplement the wording of the BTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the BTC.
2. USER ACCOUNT
2.1. Based on their registration made on the Website, the Buyer gets access to their user interface to order goods (the “User Account”). The Buyer can also order goods without registration directly from the E-shop Web Interface.
2.2. When registering on the Website and when ordering goods, the Buyer must provide correct and truthful information. The Buyer is required to update the data provided in the User Account upon any change thereof. The data provided by the Buyer in the User Account and when ordering goods are considered to be correct by the Seller.
2.3. Access to the User Account is secured by a username and a password. The Buyer shall maintain confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, in particular if the Buyer has not used the same for more than 18 months or if the Buyer breaches their obligations under the Purchase Agreement (including the BTC).
2.6. The Buyer understands that the User Account may not be available at all times, especially with regard to the necessity to maintain the Seller's or third-party hardware and software.
3. ENTERING INTO A PURCHASE AGREEMENT
3.1. The entire presentation of goods placed in the E-shop Web Interface is of an informative nature and the Seller is not obliged to enter into a Purchase Agreement in respect of such goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The E-shop Web Interface contains information about the goods, including the prices of the individual goods items and the cost of returning the goods if they cannot, by their nature, be returned via the normal postal route. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the E-shop Web Interface. This provision does not limit the Seller's ability to enter into a purchase agreement under individually agreed terms and conditions.
3.3. The E-shop Web Interface also contains information about the cost associated with goods packaging and delivery. The information about the cost associated with goods packaging and delivery provided on the E-shop Web Interface only apply to the cases of goods delivery in the territory of the Czech Republic.
3.4. To order goods, the Buyer has to complete the order form on the E-shop Web Interface. The order form provides information about the following in particular:
3.4.1. The goods being ordered (the Buyer will put the ordered goods in the electronic shopping cart of the E-shop Web Interface)
3.4.2. The method of payment of the purchase price of the goods and data on the required method of delivery of the goods being ordered
3.4.3. Information on the cost associated with goods delivery (together jointly as “Order”).
If a price is quoted which clearly is a typing or numerical error, such price is not binding and no purchase agreement is entered into.
3.5. Before sending the Order to the Seller, the Buyer is enabled to check and modify the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors arising when entering data in the Order. The Buyer sends the Order to the Seller by clicking on the "order/buy" button together with the payment of the purchase price through the payment gateway pursuant to Article 4.1. The data provided in the Order are deemed to be correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer immediately upon receipt of the Order via e-mail to the Buyer's e-mail address specified in the User Account or in the Order (the “Buyer’s Electronic Address”).
3.6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional Order confirmation (e.g. in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer is established by delivery of Order acknowledgement sent by the Seller to the Buyer via electronic mail to the Buyer's Electronic Address specified in the Order.
3.8. There may also be cases where the Seller is unable to acknowledge an Order to the Buyer. These are in particular such situations where the goods are not available or cases where the Buyer orders a larger number of items than the Seller allows. However, information about the maximum quantity of goods is always provided to the Buyer in advance by the Seller in the E-shop and should not be surprising to the Buyer. If there is any reason why the Seller cannot acknowledge the Order, the Seller will contact the Buyer and send the Buyer an offer to enter into the Agreement in an amended form compared to the Order. In such a case, the Agreement is entered into when the Buyer confirms the Seller's offer.
3.9. The Buyer agrees to the use of remote means of communication when entering into the Purchase Agreement. The costs incurred by the Buyer when using distance communication means in connection with the execution of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer, and these costs shall not differ from the base rate.
3.10. The Buyer is obliged to take over the goods and to pay the price thereof.
4. PRICE OF THE GOODS AND PAYMENT TERMS
4.1. The Buyer can pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement to the Seller exclusively in a cashless manner through payment system (payment gateway) Shoptet Pay (https://www.shoptetpay.com/cs/)
4.2. Together with the purchase price, the Buyer shall also pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. In the case of cashless payment form, the purchase price is due immediately through the gateway per Article 4.1.
4.4. In the case of cashless payment form, the obligation of the Buyer to pay the purchase price is settled at the moment of crediting the relevant amount to the account of the Seller.
4.5. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
4.6. If it is customary in the commercial relationship or if stipulated so in the legislation, the Seller shall issue a tax document (invoice) to the Buyer in respect of the payments made under the Purchase Agreement. The Seller is a value added tax payer. The tax document - invoice shall be issued by the Seller to the Buyer after the payment of the price of the goods and sent in an electronic form to the Buyer's Electronic Address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The consumer understands that according to the provisions of Section 1837 of the CC it is not possible to withdraw from a purchase agreement on the delivery of goods that have been modified according to the wishes of or customized to the Buyer, from a purchase agreement on the delivery of perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery, from a purchase agreement on the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a purchase agreement for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
5.2. Unless it is a case referred to in Article 5.1 of the BTC or other case where the purchase agreement cannot be withdrawn from, the consumer has the right to withdraw from the Purchase Agreement within fourteen (14) days of the receipt of the goods pursuant to the provisions of Section 1829(1) of the Civil Code, and if the subject of the Purchase Agreement is several types of goods or the delivery of several parts, this period starts on the date of receipt of the last delivery of the goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Agreement, the consumer may use the specimen form provided by the Seller and attached to these BTC. The consumer may send the withdrawal from the Purchase Agreement, inter alia, to the address of the Seller's establishment or to the Seller's e-mail address eshop@grandcasinoas.eu<mailto:eshop@grandcasinoas.eu
5.3. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the BTC, the Purchase Agreement shall be cancelled ab initio. The goods must be returned to the Seller within fourteen (14) days of the delivery of the withdrawal from the Purchase Agreement to the Seller. If the consumer withdraws from the Purchase Agreement, the consumer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.4. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the BTC, the Seller shall repay the funds received from the consumer within fourteen (14) days of the withdrawal from the Purchase Agreement in the same manner as the Seller had received them from the consumer. The Seller is also entitled to return the performance provided by the Buyer already when returning the goods by the Buyer or in any other way, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not bound to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller.
5.5. The Seller is entitled to set off any claim for payment for damage to the goods unilaterally against any Buyer's claim for reimbursement of the purchase price.
5.6. The Seller is entitled to withdraw from the Purchase Agreement at any time prior to goods receipt by the Buyer. In such a case, the Seller shall repay the purchase price to the Buyer without undue delay via bank transfer to the account designated by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, a gift agreement between the Seller and the Buyer shall be entered into with the condition subsequent that if the purchase agreement is withdrawn from by the Buyer, the gift agreement ceases to exist in respect of the subject gift and the Buyer is required to return the gift together with the goods to the Seller.
5.8. A buyer who is not a consumer may withdraw from the Purchase Agreement if the Seller has breached the Purchase Agreement in a material way.
5.9. The Seller may withdraw from the Purchase Agreement especially in the event that the Buyer has failed to pay the purchase price in a due and timely manner or has refused to accept the goods.
6. GOODS TRANSPORT AND DELIVERY
6.1. If a mode of transport is agreed upon at a specific request of the Buyer, the Buyer bears the risk and any additional costs associated with that mode of transport.
6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to a place specified by the Buyer in the Order, the Buyer must take over the goods upon delivery.
6.3 In the event that for reasons attributable to the Buyer it is necessary to deliver the goods repeatedly or in a different manner than as 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.
6.4 Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and, if any defects are found, notify the carrier immediately. If the packaging is found to be damaged in a way indicating unauthorized intrusion, the Buyer is not required to accept the shipment from the carrier.
6.5. If the Buyer breaches its obligation to take delivery of the goods, except in cases under Article 6.4 of the BTC, this shall not result in a breach of the Seller's obligation to deliver the goods to the Buyer. Also, any Buyer's failure to take delivery of the goods shall not constitute a withdrawal from the Purchase Agreement between the Seller and the Buyer. However, in such a case, the Seller has the right to withdraw from the Purchase Agreement due to a material breach thereof by the Buyer. If the Seller chooses to exercise this right, the withdrawal shall be effective on the date of Buyer's receipt of the withdrawal. Withdrawal from the Purchase Agreement does not affect the right to payment of the price of transport or, where applicable, the right to compensation for damages, if incurred.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding defective performance are governed by the legislation (namely the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the CC and Act No. 634/1992 Sb., on consumer protection, as amended).
7.2. The Seller warrants to the Buyer that the goods are free from defects upon receipt. In particular, the Seller warrants to the Buyer that at the time the Buyer receives the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of such 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 carried out by them;
7.2.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used;
7.2.3. the goods correspond in their quality or workmanship to an agreed sample or specimen, provided that the quality or workmanship has been determined according to the agreed sample or specimen;
7.2.4. the goods are of the quantity, measure or weight as appropriate; and
7.2.5. the goods meet the requirements of the legal regulations.
7.3. The provisions referred to in Article 7.2 of the BTC shall not apply to goods sold at a lower price to compensate for a defect for which the lower price was agreed, for the wear and tear of the goods caused by their normal use and, in the case of used goods, for a defect corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or if it results from the nature of the goods.
7.4 If a defect manifests itself within one year of receipt, it is assumed that the goods were defective already when received. The consumer is entitled to exercise the right to claim a defect which occurs in consumer goods within twenty-four months of receipt.
7.5 The consumer shall assert the rights arising from defective performance at the Seller's establishment where the acceptance of the complaint is possible with regard to the range of goods sold there, or at the registered office or place of business.
7.6 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Policy.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the full purchase price thereof.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the sense of the provisions of Section 1826(1)(e) of the CC.
8.3. The Seller settles consumer complaints through the electronic address eshop@grandcasinoas.eu<mailto:eshop@grandcasinoas.eu. Information on Buyer’s complaint settlement shall be sent by the Seller to the Buyer’s electronic address.
8.4. The Czech Trade Inspection Authority, having its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from purchase agreements. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising under the Purchase Agreement.
8.5. European Consumer Centre Czech Republic, having its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
8.6. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out by the competent trade office within the scope of its competences. Supervision over personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Sb., on consumer protection, as amended, within a defined framework.
8.7. The Buyer hereby assumes the risk of change of circumstances within the sense of Section 1765(2) of the CC.
9. PERSONAL DATA PROTECTION
9.1. The Seller processes the Buyer's personal data. More information on such processing can be found in the document “GDPR”.
10. FINAL PROVISIONS
10.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree upon such relationship to be governed by the Czech law.
10.2. The consumer's choice of law under this Article of the BTC does not deprive the consumer of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.3. If any provision of these BTC is or becomes invalid or ineffective, such invalid provision shall be replaced by one whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.4. The Purchase Agreement including the BTC is filed by the Seller in an electronic form and is not accessible.
10.5. A specimen form of withdrawal from the Purchase Agreement is attached to these BTC.
10.6. Seller’s contact data: delivery address: Selbská 2721, 352 01 Aš 1, Czech Republic.
The present BTC are valid from 1 September 2024
The Seller reserves the right to amend these BTC without further notice.
Attachment: Purchase Agreement Withdrawal Form
Purchase Agreement Withdrawal Notice
ROLAM s.r.o. having its registered office at Janáčkovo nábřeží 1153/13, 150 00 Praha 5 - Smíchov, ID No.: 26342324, incorporated in the Commercial Register of the Municipal Court in Prague, File No. C 96381
Postal and correspondence address for withdrawal from the Purchase Agreement and for goods delivery: Selbská 2721, 352 01 Aš 1, Czech Republic.
This is to inform you that I/we (*) hereby withdraw from the agreement on purchasing the following goods:
Please fill in the goods code shown on the sale receipt: ........................................*)
and the goods name:....................................................................................*)
Date of ordering: __.__.____*)/date of receipt: __.__.____ *)
Name and surname of consumer/consumers: *)
Name: ...........................................................................
Surname: .........................................................................
Address of consumer/consumers: *)
Street and house number: ............................................................................
City: ...................................................................................................
Post code: ........................
Money refund account:.................................................................../..................
Signature of consumer/consumers: ....................................................................................
(only if the form is sent as a hard copy)
Date: __.__.____ *)
(*) Delete where not applicable or complete the data.
