1. Terms of trade

1.1. Application of terms

1.1.1. These terms of trade apply solely for purchases conducted at MetalGate e-shop, operated by company Metalgate z.s. (registered association), residing Broncova 1055, 252 30 Řevnice, Czech Republic, IČ (company ID number) 22711074, (henceforth "operator"). The terms define and specify rights and responsibilities of the seller, which is the operator, and of the buyer, which is the customer.

1.1.2. All noted contractual relations are established in accordance with the legislation of the Czech Republic. If a consumer is the contracting party, then relations, which are not specified by these terms, follow the Civil Code (no. 89/2012 Coll. in valid definition) and the consumer protection law (no. 634/1992 Coll. in valid definition). If an entrepreneur (subject who buys products or uses services for the purpose of own entrepreneurship with said products and services) is the contracting party, then relations, which are not specified by these terms and which apply to an entrepreneur, follow the Commercial Code, no. 513/1991 Coll., in valid definition.

1.2. Purchase order and establishment of trade agreement

1.2.1. The product supply of online MetalGate e-shop is the presentation of goods on sale and is not in itself a proposal for trade agreement establishment.

1.2.2. All purchase orders, submitted via online MetalGate e-shop, are binding. By submitting a purchase order, the buyer confirms that he or she is familiar with the terms of trade and with the rules of reclamation, and that he or she agrees with those.

1.2.3. The purchase order is a trade agreement proposal. Trade agreement is established once the purchase order is confirmed by the seller. The contractual relation is established between the customer and the operator. Legal information about the operator are noted in chapter 1, section 1.1., article 1.1.1. The company of the operator is from the moment of accepting a purchase order the sole subject responsible for the sale and delivery of goods to the customer.

1.2.4. The condition of validity of an electronic purchase order is the completion of the purchase form and of all its prescribed data and prerequisites. Place of delivery of the goods is the address specified by the buyer in the purchase from. The presented product, its price and estimated availability is valid until such time that the purchase order is confirmed.

1.2.5. Proprietorship of the goods is transferred to the buyer once purchase price is fully paid.

1.2.6 By completing a binding electronic purchase order (see 1.2.3.), the buyer agrees to compilation and archiving of his/her personal data regarding the buyer and his/her purchases.

1.3 Prices

1.3.1. All prices, stated into the e-shop, are prices for end users, without VAT. The operator, as non profit organization, not being a VAT payer.

 

2. Rules of reclamation

2.1. If the buyer discovers that the delivered goods have a defect or are damaged after delivery, it is necessary to send the goods back for reclamation. All reclamations shall be handled in accordance with the Code of Law, valid at the time in question in Czech Republic.

2.2. The buyer is required to send the goods subjected to reclamation either by mail or deliver them personally to the address: MetalGate z.s., U Nikolajky 11, 150 00, Prague 5, Czech Republic. Issuing reclamation in person can be done in working days from 9:00 to 17:00.

2.3. If the buyer sends the goods for reclamation via mail, he or she will do so using Czech Post or other postal company. The goods are to be sent as a normal postal package or using any mail delivery service (PPL, DPD, etc). If the goods for reclamation are sent as Cash On Delivery, the seller will not accept such package. The seller recommends the goods to be insured and well packed, for the seller bears no responsibility for any damage or loss occurred in the return delivery, which would then render the reclamation request void.

2.4. The possibility of reclamation of delivered goods applies only to products of this e-shop.

2.5. The buyer is required to check the condition of the package and its contents upon delivery. Any discrepancies or damage must be immediately brought to the attention of the delivery service and noted down in the shipping note (In case of Czech Post, a reclamation record must be issued). In case of any larger damage, the buyer will not accept the package from the delivery service at all, and will report the situation to the eshop operator either by phone or by email to This email address is being protected from spambots. You need JavaScript enabled to view it.. If the buyer accepts the package from the delivery service without complaint and no problem is recorded, any later request for reclamation will not be taken into consideration, as it is assumed that the goods were delivered in excellent condition and the damage in question occurred afterwards. 

2.6. For the issuance of reclamation request, said request must be substantiated by record of the original purchase, description of the cause of reclamation, and, if possible, undamaged original packaging (in case of CDs, original packaging means undamaged jewel case, if the CD was sold as a jewel case, with booklet included, unless either of these was the cause for reclamation).

2.7. After reclamation validity check by the seller, the buyer shall be notified of the result and if said reclamation is valid, the seller will either exchange the damaged goods for new ones, or return the money.

 

3. Return of goods

3.1. The buyer is legally entitled, according to the valid statutes of Civil Code and consumer protection law, to withdraw from the purchase agreement established through the online e-shop in 14 days past the acceptance of goods.

3.2. Should the buyer decide to return the goods, he/she must send the goods back in said period (date of return delivery to the seller is determinant) undamaged, without traces of uses and/or attrition, and ideally in original packaging. Upon reception, the seller shall in turn return the amount of money equivalent to the purchase price of the returned goods to the buyer in previously agreed manner, no later than in the period of 30 calendar days.

3.3. The buyer cannot withdraw from the purchase contract for delivery of audio and video records if he/she disturbed the original packaging of those, or in case the buyer is not in terms of valid legislature considered as a consumer and bought the goods in question for entrepreneurial purposes.

 

4. Delivery, payment and transportation conditions

4.1. Purchased goods can be delivered in multiple ways. The goods can be send by Czech Post as either registered shipment (by 300g of weight - max 2CDs + packaging + postal evelop) or as a parcel (above 300g of weight).

4.2. If the purchased goods are in stock, the purchase order shall be processed within 24 hours, after which the customer is so notified. After said notification, then goods are handed to the delivery service.

4.3. Payment for the purchased goods can be in form of online payment (PayPal) or bank transfer (invoice). In case of bank transfer, the e-shop operator shall send the customer all necessary information for the execution of the transfer to an email stated by the customer in the purchase form. After the payment arrives on the e-shop operator's account, the goods are handed to delivery services. In case of PayPal payment (real time payment) are the goods handed to delivery services immediately.

IMPORTANT NOTICE for PayPal payment: buyer will ONLY receive an email when the transaction is complete ("after payment")!

4.3. All goods are always delivered with tax certificate and bill of delivery. Until fully paid by the buyer, the goods are the sole property of the seller.

4.4. Within Czech Republic, the delivery interval of Czech Post is during working days till the second day following the package being handed for postal delivery. In case the customer is not reached at the given address at the delivery day, it is possible to pick up the goods within seven days period following the delivery day at the postal office relevant to the given address. Packages sent outside Czech territory will follow the delivery periods of Czech Post for international deliveries.

 

5. Buyer's consent

5.1. By submitting electronic purchase order, the buyer agrees without reserve:

  • with the statutes of these terms of trade in definition valid at the day of the purchase order's submission
  • with price of the goods, including transportation fees, valid at the day of the purchase order's submission