• Introductory provisions
  

1. 1. These General Terms and Conditions (the “GTC“) of Gala Production s.r.o., ID No.: 23198419, with its registered office at Rybná 716/24, Staré Město, 110 00 Prague, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 423076 (the “Seller“), in accordance with the provisions of Sec. 1751 (1) of Act No. 89/2012 Coll., Civil Code, as amended (the “Civil Code“), regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (the “Purchase Contract“) concluded between the Seller and another natural or juridical person (the “Buyer“) via the Seller’s online store. The online store is operated by the Seller on the website www.galaproduction.eu (the “Website“), through the Website interface.
   2. Provisions deviating from the GTC may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the GTC.
   3. The GTC form an integral part of the Purchase Contract. The Purchase Contract and the GTC are drawn up in English.
   4. The Seller may change or supplement the wording of the GTC. This provision does not affect the rights and obligations arising during the validity of the previous version of the GTC.
   5. The special provisions on the sale of goods to consumers do not apply to the regulation of the relationship between the Seller and the Buyer-Entrepreneur, with the exception of the provisions of Section 2160 of the Civil Code, which are expressly applicable to the relationship between the Seller and the Buyer-Entrepreneur. Furthermore, the provisions on distance contracts and contracts negotiated away from business premises (Book Four, Title I, Chapter 4, Division 2 of the Civil Code, in particular the provisions of Sec. 1829 et seq. of the Civil Code), shall not apply to the relationship between the Seller and the Buyer-Entrepreneur. For the relationship between the Seller and the Buyer-Entrepreneur, the provisions of Sec. 1924 of the Civil Code are expressly excluded; the Buyer-Entrepreneur is not entitled to reimbursement of costs reasonably incurred in the event of a complaint. The Buyer-Entrepreneur shall not be entitled to compensation for damage caused by a defective product in accordance with Sec. 2943 of the Civil Code, by a faulty product, during assembly or installation of the product or in any other way causally related to the product. The Act No. 634/1992 Coll., Consumer Protection Act (the “Consumer Protection Act”), shall not apply to the relationship between the Buyer-Entrepreneur and the Seller.
   6. If the contracting party is a consumer within the meaning of Sec. 419 of the Civil Code, relations not governed by the GTC or the Purchase Contract shall be governed by the Civil Code and the Consumer Protection Act.

• Conclusion of the Purchase Contract
  

1. 1. All presentation of goods placed on the web interface of the store is informative and the Seller is not obliged to conclude a Purchase Contract regarding these goods. Sec. 1732 (2) of the Civil Code shall not apply.
   2. The Website interface of the store contains information about the goods including the prices. The prices of the goods remain valid for as long as they are displayed on the Website interface of the store. This provision does not restrict the Seller’s ability to conclude a Purchase Contract on individually negotiated terms.
   3. The purchase of goods through the Website is exclusively retail in nature and is intended for Buyers who are end customers. If the Buyer is interested in purchasing goods for the purpose of resale, the Buyer is obliged to indicate this in the order and fulfill other obligations specified by the Seller leading to the conclusion of the Purchase Contract, which may not occur through the Website, at the option of the Seller.
   4. The electronic order becomes a draft Purchase Contract (an offer) after filling in all the required data in the order form. The Purchase Contract is formed at the moment of confirmation of the Buyer’s order by the Seller (by delivery of the order acceptance to the Buyer’s e-mail address). From this moment on, mutual rights and obligations arise between the Buyer and the Seller, which are defined by the Purchase Agreement and the GTC. The conclusion of a Purchase Contract without negotiating all its requirements stipulated by the Civil Code is excluded in accordance with the provisions of Sec. 1726 of the Civil Code. Furthermore, the Seller excludes the acceptance of an offer with an amendment or deviation in accordance with Sec. 1740 (3) of the Civil Code.
   5. The Buyer is obliged to fill in the necessary data regarding the specification of the goods (specification of the equipment, its design, size, etc.), specification of the payment method, specification of the delivery method, specification of the Buyer and, if applicable, other necessary data according to the current order form. The Buyer acknowledges that the Seller is neither able nor authorised to verify and control the accuracy of the information provided by the Buyer while ordering the goods. The Buyer is responsible for the accuracy and correctness of the data filled in and bears all risks associated with the data entered during ordering the goods.
   6. Depending on the nature of the transaction, which is not usual (quantity of equipment, price, shipping costs, distances, etc.), the Seller is entitled to request the Buyer to authorize or confirm the order in another appropriate manner (in addition to its confirmation on the Website), e.g. by telephone or in writing. If the Buyer refuses to authorise the order in the required manner, the order shall be deemed not to have been executed and the Purchase Contract shall be deemed not to have been concluded.
   7. In certain cases, the Seller also permits the conclusion of a Purchase Contract by means of distance communication other than via the Website, i.e. in particular by e-mail/telephone communication with the Seller. In this case, the Purchase Contract is not concluded until:

1. the Buyer receives from the Seller by means of distance communication (in particular e-mail correspondence) a summary of all the essential details of the Purchase Contract, i.e. the specification of the equipment, price, quantity, method of delivery, delivery costs, method of payment etc., and at the same time
2. the Buyer does not refuse to enter into this Purchase Contract within 24 hours of receipt of the summary of the Purchase Contract pursuant to clause (i) above.
3. The subject of the Purchase Contract are only the items of goods expressly specified in the order, unless otherwise agreed between the Buyer and the Seller.
4. By concluding the Purchase Contract, the Seller undertakes to deliver the goods (i) in perfect condition and in accordance with the specification stated on the Website (or in the order for the goods), (ii) equipped with an instruction manual.
5. The Buyer agrees to use of distance methods of communication for the conclusion of the Purchase Contract. The costs arising in connection with such communication shall be borne by each party from its own funds. 

• Purchase price and payment conditions

1. The purchase prices of the goods listed on the Website are valid in the moment of ordering the goods or confirmation of acceptance of the order by the Seller within the meaning of paragraph 2.4 of these GTC. 
2. The purchase price is considered paid with regard to the method of payment only after the full purchase price for the goods has been credited to the Seller’s bank account.
3. The purchase price stated on the Website within the order and the concluded Purchase Contract is the final price for the purchase of the goods (the price for (i) delivery and (ii) method of payment is stated separately), including all taxes, fees, etc., unless expressly stated otherwise on the Website and within the order, i.e. the concluded Purchase Contract.
4. Tax document – invoice will be issued by the Seller to the Buyer after payment of the purchase price in accordance with paragraph 3.2. of the GTC and sent in electronic form to the Buyer’s e-mail address.
5. In the event of cancellation of the order or part thereof by the Seller, the purchase price already paid or the relevant part thereof will be sent back immediately to the bank account from which it was transferred, unless otherwise agreed.
6. In the event that the Seller offers free shipping of goods and the right to free shipping of goods is conditional upon payment of the minimum total purchase price of the goods in the amount specified in the Website, and there is a partial withdrawal from the Purchase Contract by the Buyer and the total purchase price of the goods for which there was no withdrawal from the Purchase Contract by the Buyer does not reach the minimum amount required for the right to free shipping of goods under the previous sentence, the Buyer’s right to free shipping of goods ceases and the Buyer is obliged to pay the shipping of goods to the Seller.

• Method of payment of the purchase price and its maturity

1. The Buyer is obliged to pay the purchase price for the goods, i.e. the purchase price, the price for delivery and, if applicable, the price for the payment method chosen by the Buyer and other agreed prices or fees by one of the methods offered by the Seller for the specific goods, i.e. in particular:

1. by wire transfer to the Seller’s bank account No. 2402658349/2010, held at Fio banka a.s., IBAN: CZ8220100000002402658349, BIC (SWIFT): FIOBCZPPXXX (the “Seller’s Account“);
2. by cashless payment card;
3. by on-line payment via payment systems used by the Seller.

1. The purchase price is payable within three (3) days from the date of conclusion of the Purchase Contract within the meaning of par. 2.4 of the GTC.
2. In the event of non-payment of the purchase price within the period according to the previous paragraph or within an additional period provided for this purpose to the Buyer by the Seller, the goods will not be delivered by the Seller and the Purchase Contract (order) will be cancelled in its entirety. The provisions of Sec. 2119 (1) of the Civil Code shall not apply.
3. All payments shall be made in Euro.
4. All costs associated with the chosen method of payment according to par. 4.1 of the GTC shall be borne by each party separately. This is without prejudice to the Seller’s right to reimbursement of the costs associated with the return of the purchase price or part thereof to the Buyer as a result of withdrawal from the Purchase Contract within the meaning of paragraphs 5.8, 6.5 and 7.2 of the GTC. 

• Shipping and delivery

1. Under the Purchase Contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order and the Buyer is obliged to take delivery of the goods upon delivery.
2. The Buyer selects the method of delivery within the order form. In the event that the method of delivery is agreed upon by special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.
3. In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with a different method of delivery.
4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods. In the event of defects in the goods or any other discrepancy with the order, the Buyer is obliged to notify the Seller in writing within seven (7) days from the date of receipt of the goods in the manner specified in par. 6.4.4 of the GTC.  
5. The ownership to the goods shall pass to the Buyer upon delivery of the goods to the address specified by the Buyer in the order (regardless of who received of the goods).
6. The delivery period for the goods is thirty (30) days from the date of crediting the agreed purchase price of the goods to the Seller’s bank account. 
7. The time limit for delivery of the goods may be extended in accordance with the circumstances if the delay is caused by force majeure or circumstances not attributable to the Seller.
8. In case of impossibility to deliver the goods within the specified period, the Seller shall notify the Buyer without undue delay. If the parties do not agree otherwise (on an extension of the delivery date or other change of the order) even within five (5) days, the Buyer is entitled to withdraw from the Purchase Contract and neither party is entitled to claim any compensation from the other party. This is without prejudice to the Seller’s right under paragraph 4.5 of the GTC.
9. The actual price for delivery of the goods is always indicated for each delivery method. The Seller is entitled to deliver certain goods from a certain amount of the purchase price for free or at discounted prices.

• Liability for defects, warranties, claiming defects (CLAIM)

1. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer has received the goods, so the goods:

1. conform to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other characteristics agreed or stated by the Seller,
2. are supplied with the agreed accessories and instructions for use, including assembly or installation instructions,
3. are suitable for the purpose for which the item is normally used, including with regard to technical standards,
4. correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind which the Buyer may reasonably expect, considering public statements made by the Seller.

1. The Seller shall also be liable to the Buyer for any defect caused by improper assembly or installation of the goods by the Buyer and the resulting fault is caused by a lack of instructions provided by the Seller.
2. WARRANTY. If the specific goods are directly stated on the Website, the Seller warrants the goods to the Buyer for the period stated in the warranty, commencing from the time of receipt of the goods by the Buyer.
   1. The warranty ensures that the goods retain their functions and performance for the stated period and under normal use. Otherwise, the Buyer has the right to have the Seller deliver new goods without defects or repair the goods for the entire duration of the warranty, and if this is not possible, the Buyer has the right to withdraw from the Purchase Contract or demand a reasonable discount according to par. 6.5. of the GTC.
   2. The Buyer shall not be entitled to the warranty if the defect was caused by an external event or by the Buyer himself after the transfer of the risk of damage to the goods to the Buyer.
   3. The period from the rightful exercise of the right of liability for defects until the time when the Buyer was obliged to take over the goods after the end of the complaint procedure is not counted in the warranty period. If the goods are replaced, the warranty period starts again from the receipt of the new goods. The same applies to the relevant accessories of the goods if it is replaced. The warranty period shall not to be confused with the service life of the goods, i.e. the period of time for which the goods can, with proper use and care, last, given their characteristics, the purpose for which they are intended and the variation in the intensity of their use.
   4. The warranty does not cover defects caused by the Buyer or third parties after receipt of the goods, which are caused by improper handling of the goods, i.e. in violation of the operating instructions.
3. CLAIM. The Buyer-Entrepreneur is entitled to exercise the right of defective performance for a period of twelve (12) months from the date of receipt of the goods, unless otherwise specified. The Buyer-Consumer is entitled to exercise the right of defective performance for a period of twenty-four (24) months from the date of receipt of the goods, unless otherwise specified.
   1. The Buyer is not entitled to the right of defective performance if the defect of the goods was caused by himself or by a third party. A defect in the goods (or accessories) is not wear and tear caused by normal use or misuse of the goods. In the case of goods sold at a lower price, the defect for which the lower price was agreed cannot be criticised.
   2. If the relevant instructions for use and maintenance are not followed, if modifications are made, parts are substituted or consumables or accessories are used that do not correspond to the original specification, defects in the goods cannot be claimed.
   3. If the goods have a defect (i.e. condition of the goods does not correspond to the requirements specified in par. 6.1. of the GTC), the Buyer is entitled to demand the removal of the defect. Furthermore, the Buyer is entitled to demand the delivery of new goods or their repair, unless the chosen method of removing the defect is impossible or unreasonably expensive compared to the other method; this fact shall be assessed in particular with regard to the significance of the defect, the value that the goods would have without the defect and whether the defect can be removed by the other method without significant difficulties for the Buyer. The Seller may refuse to remedy the defect if it is impossible or disproportionately costly, having regard in particular to the significance of the defect and the value which the goods would have had without the defect.
   4. The Buyer is obliged to exercise the right of defective performance within five (5) days from the date of discovery of the defect, exclusively in writing to the e-mail address of the Seller, including (i) the exact identification of the claimed goods, (ii) a detailed description of the claimed defect, including photographic documentation showing the claimed defect and its extent, (iii) a document proving the origin of the goods from the Seller. If the complaint does not contain these elements or if it is not properly documented subsequently, this fact may be grounds for its rejection.
   5. For the assessment of defects and their settlement, the Buyer is obliged to send the goods to the Seller’s address, which the Seller shall notify the Buyer for this purpose. The claim, including the removal of the defect, must be settled within a reasonable period of time from the date the claim is properly made within the meaning of par. 6.4.4 of the GTC, and not to cause significant inconvenience to the Buyer. The Seller is obliged to issue the Buyer with a confirmation of the date and manner of settlement of the claim, including confirmation of the repair, and the duration of the repair, or a written justification for the rejection of the claim.
   6. For the relationship between the Seller and the Buyer-Entrepreneur, the provisions of Section 1924 of the Civil Code are expressly excluded; the Buyer-Entrepreneur is not entitled to reimbursement of costs reasonably incurred in the event of a claim. Furthermore, the Buyer-Entrepreneur shall not be entitled to compensation for damage caused by a defective product in accordance with provisions of Section 2943 of the Civil Code, by a faulty product, during assembly or installation of the product or in any other way causally related to the product.
4. The Buyer shall be entitled to demand a reasonable discount from the purchase price or withdraw from the Purchase Contract if (i) the Seller has not remedied the defect in accordance with the Buyer’s legitimate request under this Article 6 of the GTC, (ii) the defect appears repeatedly, (iii) it is evident from the Seller’s statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant difficulties for the Buyer. The Buyer is not entitled to withdraw from the Purchase Contract if the defect is not significant.

• Withdrawal from the Purchase Contract, cancellation

1. The Buyer has the option to withdraw from the already concluded Purchase Contract (cancel or change the order) if it notifies the Seller of this fact in writing to the Seller’s e-mail address within 24 hours from the moment of conclusion of the Purchase Contract (confirmation of the order). Cancellation also means postponement or modification of the concluded Purchase Contract.
2. In accordance with the provisions of Section 1829 (1) of the Civil Code, the Buyer-Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days from the date of receipt of the goods, and if the subject of the Purchase Contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Contract must be delivered to the Seller in writing to the Seller’s e-mail address within the period specified in the preceding sentence. The notice of withdrawal must contain the following information: (i) the name of the Seller, (ii) a statement that the Buyer-Consumer is withdrawing from the contract, (iii) the specification of the goods, (iv) the date of ordering and the date of receipt of the goods, (v) the contact details of the Buyer-Consumer, including the number of the Buyer-Consumer’s bank account to which the purchase price will be refunded, (vi) the signature of the Buyer-Consumer and the date of signature.
3. In the event of withdrawal from the Purchase Contract pursuant to paragraph 7.2 of the GTC, the Purchase Contract shall be cancelled in its entirety. The goods must be returned to the Seller within fourteen (14) days from the date of proper withdrawal. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller.
4. If the Buyer withdraws from the Purchase Contract according to paragraph 7.2. of the GTC, the Seller is not obliged to return the received funds for the goods to the Buyer before the Buyer returns the goods to him or proves that he has sent the goods to the Seller. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay by wire transfer to a bank account designated by the Buyer. 
5. In the event that the value of the goods is reduced as a result of handling the goods in a manner other than necessary to test them, the Buyer shall be liable for such reduction in value and the amount refunded shall be reduced accordingly.

• Circumstances excluding liability for impossibility of performance

1. Neither party shall be liable for the impossibility of performance in the event of force majeure.
2. A Force Majeure event is an event which the parties could not have foreseen and which they could not have prevented even by exercising the utmost professional care beyond their control, in particular war, insurrection, strike, natural disasters, changes in legislation and others.
3. In the event that the event referred to in the preceding paragraph occurs, the parties are obliged to notify each other without undue delay.

• Privacy Policy

1. The Seller fulfils its information obligation towards the Buyer within the meaning of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), related to the processing of the Buyer’s personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the performance of the Seller’s public law obligations by means of a separate document.

• Mutual communication

1. Unless otherwise agreed, all correspondence in connection with the Purchase Contract must be delivered to the other party in writing, exclusively by e-mail. 
2. In the event of any change in the contact details of the parties, the parties are obliged to notify the other party immediately and verifiably of such change, but no later than three (3) days from the date of such change.
3. If either party fails to comply with its information obligation under the preceding paragraph of the GTC, the other party shall not be liable for any damage or other fact which has been or may be caused by such failure or which may arise in direct or indirect connection therewith. 

• Final provisions

1. These GTC and all legal relations between the Seller and the Buyer are governed by the laws of the Czech Republic, in particular the Civil Code. The competent courts in all possible disputes between the Seller and the Buyer are the Czech courts. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of this Convention.
2. In the event that any provision of these GTC is or becomes invalid, ineffective or unenforceable, the validity, effectiveness and enforceability of the remaining provisions of these GTC shall not be affected thereby.
3. In accordance with the Civil Code and the Consumer Protection Act, the Seller informs that the consumer may apply for out-of-court settlement of a consumer dispute to the Czech Trade Inspection Authority for the out-of-court settlement of consumer disputes on the website www.coi.cz. The Czech Trade Inspection Authority handles proposals for out-of-court settlement of consumer disputes in the manner and under the conditions set out in the relevant legislation. For the avoidance of doubt, nothing in these terms and conditions excludes the possibility for consumers to bring their claims before a civil court. 
   1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 44, 120 00 Prague 2, ID No.: 000 20 869, Internet address: www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract. 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 a Purchase Contract.
4. These GTC shall apply in the version stated on the Seller’s Website on the date of placing the order/conclusion of the Purchase Contract, unless otherwise agreed in writing between the parties. If the Buyer sends the order/concludes the Purchase Contract after the date on which the GTC has been changed, the GTC shall apply as amended.
5. Contact details of the Seller:

Delivery address: Rybná 716/24, Staré Město, 110 00 Praha

E-mail address: info@galaproduction.eu

Telephone number: +420775533547

1. The Buyer assumes the risk of change of circumstances within the meaning of the Civil Code.
2. If the period specified in these GTC or the Purchase Contract are determined by days, they are working days, unless otherwise stated.
3. If a party breaches an obligation under the GTC or the Purchase Agreement, or if it can and should have knowledge of such breach, it shall without undue delay notify the other party that may be harmed thereby and warn it of the possible consequences; in such a case, the harmed party shall not be entitled to compensation for the harm that it could have avoided after notification.

These General Terms and Conditions are valid from [18.09.2023]