Terms and conditions
for the online shop Gacha Addicts, operated at the internet address gachaaddicts.shop
Note: This is a translation of the Czech original. Under article 2.5 below, where the Czech and English wording differ in interpretation, the Czech wording prevails. This does not affect the consumer's mandatory rights under applicable law.
1. Identification of the seller
The seller is:
Diana Radová
a self-employed natural person registered in the Czech Trade Licensing Register
registered office: Horní alej 462/23, 360 07 Karlovy Vary, Czech Republic
Company ID (IČO): 19843135
e-mail: info@gachaaddicts.shop
telephone: +420 776 308 658
online shop: gachaaddicts.shop
a self-employed natural person registered in the Czech Trade Licensing Register
registered office: Horní alej 462/23, 360 07 Karlovy Vary, Czech Republic
Company ID (IČO): 19843135
e-mail: info@gachaaddicts.shop
telephone: +420 776 308 658
online shop: gachaaddicts.shop
(hereinafter the “seller”)
2. Introductory provisions
- These terms and conditions govern, in accordance with Act No. 89/2012 Coll., the Civil Code, as amended, the mutual rights and obligations arising between the seller and a natural person who, outside the scope of their business activity or independent exercise of a profession, purchases goods through the seller's online shop (hereinafter the “buyer”).
- These terms and conditions are intended for the sale of physical goods to consumers. They do not apply to the supply of digital content, nor to contracts concluded with a person acting within the scope of their business activity or independent exercise of a profession.
- Provisions differing from these terms and conditions may be agreed in the purchase contract. Differing arrangements in the purchase contract take precedence over these terms and conditions.
- These terms and conditions form an integral part of the purchase contract.
- These terms and conditions are available in Czech and in English, and the purchase contract may be concluded in Czech or in English. In the event of a difference in interpretation between the Czech and English wording, the Czech wording is decisive. This is without prejudice to the consumer's mandatory rights that apply to them under the relevant legislation.
- The seller may amend or supplement these terms and conditions to a reasonable extent. Purchase contracts already concluded are governed by the wording of the terms and conditions in effect at the moment the contract was concluded.
3. User account
- Where the online shop allows it, the buyer may create a user account. If the online shop allows purchases without registration, the buyer may also place an order without a user account.
- When registering and ordering goods, the buyer is obliged to provide correct, complete and truthful information and to keep it up to date when it changes.
- Access to the user account is secured by login credentials. The buyer is obliged to protect their login credentials against misuse.
- The seller may cancel a user account, in particular where the buyer seriously or repeatedly breaches their obligations towards the seller, or uses the account contrary to law.
- Availability of the user account may not be continuous, in particular due to necessary maintenance or technical outages.
4. Information about goods, prices and conclusion of the purchase contract
- The online shop contains information about the goods offered, in particular their main characteristics, price and other information required by law.
- Prices of goods are stated as final prices including all taxes and charges the seller is obliged to charge the customer. Shipping costs and any further costs are communicated to the buyer before the order is submitted.
- Information about delivery methods, their prices and the territory to which the seller delivers goods is stated in the online shop and shown to the buyer before the order is completed.
- The buyer places an order in particular by:
- selecting the desired goods and any variant,
- adding the goods to the shopping cart,
- choosing a delivery and payment method,
- filling in the required contact and delivery details,
- checking the order summary, and
- submitting the order using a button that unambiguously indicates that the order entails an obligation to pay.
- Before submitting the order, the buyer has the opportunity to check and correct the data entered.
- Without undue delay after receiving the order, the seller sends the buyer an electronic confirmation to the e-mail address given in the order.
- The purchase contract is concluded at the moment the buyer receives the seller's confirmation of receipt of the order, unless the confirmation or the circumstances indicate otherwise.
- The buyer will be provided with the terms and conditions and information about the concluded contract in a form that allows them to be stored and displayed later.
- The seller is not obliged to accept an order, in particular where the goods are no longer available or where it is evident that the price stated in the online shop arose from a technical or other obvious error. The seller will inform the buyer of any such fact without undue delay. Where the purchase price has already been paid and no agreement is reached on how to proceed, the seller will refund the funds received.
- Where goods are offered as a pre-order, information about the expected date of their availability or dispatch is stated with the product or during the order process. Where only an expected date is given, it will be identified as such. This is without prejudice to the buyer's statutory rights in the event of the seller's delay.
5. Payment terms
- The buyer may pay the purchase price by any method currently offered by the online shop, in particular:
- by payment card,
- by bank transfer,
- cash on delivery, where offered for the specific order,
- or by another method stated during order completion.
- Together with the price of the goods, the buyer is also obliged to pay the agreed shipping costs and any further costs shown to the buyer before the order was submitted.
- In the case of cashless payment in advance, the purchase price is due in accordance with the payment instructions displayed or sent to the buyer.
- In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the payment service provider or to the seller's account, according to the chosen payment method.
- For orders where payment on receipt has not been agreed, the seller may require the purchase price to be paid before the goods are dispatched.
- Discount codes and other discounts cannot be combined with one another, unless stated otherwise for a specific promotion.
- The seller will issue proof of purchase in the cases and in the manner laid down by law. Where an invoice is issued, it may be sent to the buyer in electronic form.
6. Delivery of goods
- The available delivery methods, their prices and any territorial restrictions are stated in the online shop.
- The seller will deliver the goods within the period agreed with the buyer or stated for the specific goods. Where no delivery time is agreed, the seller will deliver the goods without undue delay, at the latest within the period laid down by law.
- Where, for reasons on the buyer's side, the goods must be delivered repeatedly or by a method other than that agreed, the seller may require reimbursement of the additional costs actually incurred.
- The risk of damage to the goods passes to the buyer at the moment the buyer, or a third party designated by them other than the carrier, takes over the goods. Where the buyer independently chooses a different carrier without the seller having offered it, the rules laid down by the Civil Code apply.
- The buyer is recommended to check the condition of the packaging on receipt of the consignment, and to document and report any obvious damage to the carrier. Failure to follow this recommendation does not in itself deprive the buyer of their statutory rights against the seller.
7. Consumer withdrawal from the purchase contract
- A buyer who is a consumer has the right, in the cases laid down by the Civil Code, to withdraw from the purchase contract without giving a reason within 14 days.
- For a purchase contract for goods, this period runs from the day on which the buyer, or a third party designated by them other than the carrier, takes over the goods. Where several items of goods within a single order are delivered separately, the period runs from the day of receipt of the last item, delivery or part, where the law so provides.
- To meet the deadline, it is sufficient for the buyer to send the notice of withdrawal to the seller before the period expires.
- The buyer may give notice of withdrawal by any unambiguous statement, for example by e-mail to info@gachaaddicts.shop or in writing to the seller's registered office. The buyer may also use the model form annexed to these terms and conditions, but using it is not mandatory.
- The buyer is obliged to send or hand over the goods to the seller without undue delay, at the latest within 14 days of withdrawing from the contract.
- The direct cost of returning the goods is borne by the buyer, unless the law or the seller provides otherwise.
- The seller will return to the buyer, without undue delay and at the latest within 14 days of withdrawal from the contract, all funds received from them under the contract, including delivery costs corresponding to the cheapest standard delivery method offered by the seller.
- The seller will return the funds by the same means used to receive them from the buyer, unless the buyer agrees to another method that does not cause the buyer additional costs.
- The seller is not obliged to return the funds before receiving the returned goods, or before the buyer proves that they have sent the goods to the seller, whichever occurs first.
- The buyer is liable only for any diminished value of the goods resulting from handling the goods other than what is necessary to establish their nature, characteristics and functioning.
- Where the seller acquires a claim in accordance with the law on account of a demonstrable diminution in the value of the returned goods, it may set that claim off against the buyer's claim for a refund of the purchase price.
- The right to withdraw from the contract within 14 days does not arise in the cases laid down in Section 1837 of the Civil Code. These are, in particular, contracts:
- for goods made to the consumer's specifications or adapted to their personal needs,
- for goods that are perishable or have a short shelf life,
- for goods which, by their nature, were irreversibly mixed with other goods after delivery,
- for goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for reasons of hygiene or health protection,
- for sound or visual recordings or computer programs in sealed packaging, where the consumer has broken that seal,
- and in other cases expressly laid down by law.
- Merely opening the ordinary packaging of goods does not deprive the buyer of the right to withdraw from the contract, unless one of the statutory exceptions applies. Any excessive handling of the goods is assessed under the rules on diminished value.
- Where a gift was provided to the buyer free of charge together with the goods, the gift contract is concluded subject to a resolutive condition. If the buyer withdraws from the purchase contract, they are obliged to return the gift together with the goods, unless the parties agree otherwise.
Model withdrawal form (PDF, in Czech)
Annex to the terms and conditions — using the form is not mandatory.
8. Rights from defective performance and complaints
- The seller is liable to the buyer for the goods being free of defects on receipt and conforming to the agreed and statutory requirements.
- In particular, the seller is liable for the goods:
- matching the agreed description, type, quantity and quality,
- having the agreed functionality and other agreed characteristics,
- being fit for the purpose for which the buyer requires them and to which the seller has agreed,
- being delivered with the agreed accessories and instructions for use, where these are needed,
- being fit for the purpose for which goods of that kind are usually used,
- corresponding, in characteristics, quantity, quality, durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind that the buyer may reasonably expect, having regard to the nature of the goods and to public statements by the seller or another person in the same contractual chain, where relevant to the case.
- The buyer may report a defect that appears in the goods within two years of receipt, unless the law provides otherwise for the specific case.
- If a defect appears within one year of receipt, the goods are deemed to have been defective on receipt, unless the nature of the goods or of the defect precludes this.
- The buyer has no right arising from defective performance, in particular where they caused the defect themselves. Ordinary wear and tear corresponding to normal use of the goods is likewise not considered a defect.
- If the goods are defective, the buyer may require the defect to be remedied. At the buyer's choice, they may require:
- repair of the goods, or
- delivery of new goods free of defects,
- The seller may refuse to remedy the defect if doing so is impossible or disproportionately costly, under the conditions laid down by law.
- The defect will be remedied within a reasonable time after it is reported, so as not to cause the buyer significant difficulty, having regard to the nature of the goods and the purpose for which the buyer bought them.
- The buyer may require a reasonable reduction of the purchase price or withdraw from the contract, in particular where:
- the seller refused to remedy the defect or failed to remedy it properly,
- the defect appears repeatedly,
- the defect is a material breach of the contract,
- it is apparent from the circumstances that the defect will not be remedied within a reasonable time or without significant difficulty for the buyer,
- or another case laid down by law arises.
- The buyer may not withdraw from the contract if the defect is insignificant, unless the law provides otherwise.
- The buyer may file a complaint in particular:
- by e-mail to info@gachaaddicts.shop,
- in writing or in person at the seller's registered office: Horní alej 462/23, 360 07 Karlovy Vary, Czech Republic,
- or by another method the seller publishes for complaints.
- When filing a complaint it is advisable to state, in particular, the order number or other detail allowing the purchase to be traced, a description of the defect and the requested method of settlement. The buyer is not, however, obliged to prove the purchase exclusively by the original receipt, where the purchase can be proven another way.
- When a complaint is filed, the seller will issue the consumer a written confirmation stating the date the complaint was filed, its content, the requested method of settlement, and the consumer's contact details for the purpose of being informed how the complaint was settled.
- The complaint, including remedying the defect, will be settled and the buyer informed of the outcome without undue delay, at the latest within 30 days of the day the complaint was filed, unless the seller and the buyer agree on a longer period.
- Once the complaint has been settled, the seller will issue the buyer a confirmation of the date and method of settlement, or written reasons for its rejection.
- Where a complaint is justified, the buyer is entitled to reimbursement of costs reasonably incurred, under the conditions laid down by law.
- Where the seller or the manufacturer provides a voluntary guarantee of quality beyond the statutory rights, its conditions are stated separately. Such a guarantee does not limit the buyer's statutory rights arising from defective performance.
Details of the complaint procedure can be found on the Returns and complaints page.
9. Complaints and out-of-court dispute resolution
- The buyer may send complaints to the seller at the e-mail address info@gachaaddicts.shop. The seller will inform the buyer how the complaint was handled using the contact details the buyer provided.
- The body competent for the out-of-court resolution of consumer disputes arising from the purchase contract is:
Czech Trade Inspection Authority (Česká obchodní inspekce)
Štěpánská 567/15
120 00 Prague 2, Czech Republic
Company ID (IČO): 00020869
ADR website: adr.coi.cz - Out-of-court resolution of a consumer dispute is governed by the relevant legislation and by the rules of the competent ADR body.
- Supervision of the seller's compliance with its obligations is exercised, within the scope of their competence, by the relevant public administration authorities, in particular the Czech Trade Inspection Authority, the trade licensing offices and the Office for Personal Data Protection.
10. Personal data protection
- Information about the processing of buyers' personal data is provided by the seller in a separate document, the Privacy policy, which is available in the online shop.
- Personal data necessary for processing the order, performing the purchase contract and fulfilling the seller's legal obligations are processed on the corresponding legal basis under the relevant legislation. Such processing is not conditional on the buyer's consent, unless consent is required by law for the specific purpose.
11. Commercial communications and cookies
- The sending of commercial communications is governed by applicable law. Where the buyer's consent is required for sending commercial communications, that consent is obtained separately and voluntarily.
- Under the conditions laid down by law, the seller may use its customer's electronic contact details to offer its own similar products or services, provided the customer had and continues to have the opportunity to refuse such use in a simple manner and free of charge.
- Every commercial communication will allow the recipient to refuse further sending in a simple manner, where the law so requires.
- Details of the use of cookies are set out in a separate cookie policy.
- Cookies necessary for the operation of the online shop may be used without consent to the extent permitted by law. Cookies and similar technologies whose use requires consent will only be used once the relevant consent has been given through the cookie settings.
12. Final provisions
- The purchase contract and the legal relations arising from it are governed by Czech law.
- Where the relationship between the seller and the buyer contains an international element, the choice of Czech law does not deprive the consumer of the protection afforded to them by mandatory provisions of the legal order that would otherwise apply under the relevant rules of private international law.
- If any provision of these terms and conditions is invalid, ineffective or inapplicable, this does not affect the validity and effectiveness of the remaining provisions.
- The purchase contract is archived by the seller in electronic form. The buyer receives information about their order and the terms and conditions in a form allowing them to be stored.
- Annexed to these terms and conditions is the model withdrawal form.
- The seller's contact details:
Diana Radová
Horní alej 462/23
360 07 Karlovy Vary
Czech Republic
Company ID (IČO): 19843135
e-mail: info@gachaaddicts.shop
telephone: +420 776 308 658