General Terms and Conditions
1. Introductory Provisions
1.1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") govern the rights and obligations between FOMIQA s.r.o., with its registered office at Hviezdoslavova 553/6, 083 01 SABINOV, SK, Company Registration Number: 55676979, VAT Number: 2122050359, registered in the Commercial Register maintained by the Žilina, Section: sro, Entry No.: 82876/L, e-mail fomiqa@gmail.com, tel. no: +421 951 115 387 as the Seller, and a natural or legal person (hereinafter referred to as the "Buyer") who enters into a purchase agreement through the online store at www.giblock.fun (hereinafter referred to as the "E-shop").
1.2. These Terms and Conditions apply to all purchase agreements concluded between the Seller and the Buyer through the E-shop. By concluding a purchase agreement, the Buyer confirms that they have read these Terms and Conditions and agree with them.
1.3. The Buyer is understood to be a natural or legal person who concludes a purchase agreement with the Seller and who is interested in purchasing goods offered by the Seller through the E-shop. The Buyer may be either a consumer or a business entity. A consumer is a natural person who, when concluding and fulfilling a contract, does not act within the scope of their business or professional activity. A business entity is a person who acts within their business activities, entrepreneurship, or professional duties when ordering goods.
1.4. The legal relations between the Seller and the Buyer are governed by these Terms and Conditions and the applicable legal provisions of the European Union, especially the EU Consumer Rights Directive (2011/83/EU), the General Data Protection Regulation (GDPR - Regulation (EU) 2016/679), and other relevant regulations.
2. Definitions
2.1. Seller – A legal or natural person acting as a business entity, offering and selling goods via the E-shop.
2.2. Buyer – A natural or legal person who concludes a purchase agreement with the Seller via the E-shop.
2.3. E-shop – The online store located at [URL of the e-shop] through which the Seller offers and sells goods.
2.4. Goods – Products or services offered for sale through the E-shop.
2.5. Order – A binding proposal by the Buyer to conclude a purchase agreement via the E-shop.
2.6. Purchase Agreement – An agreement concluded between the Seller and the Buyer based on the confirmation of the Order by the Seller, the subject of which is the sale and purchase of goods.
2.7. Consumer – A natural person who, when concluding and fulfilling the contract, does not act within their business or professional activity.
3. Ordering Goods and Conclusion of the Purchase Agreement
3.1. The Buyer orders goods via an electronic order form available on the E-shop website. The order contains information about the ordered goods, including their price, payment method, delivery method, and the Buyer's contact details.
3.2. By submitting the order, the Buyer expresses their agreement with these Terms and Conditions and agrees to pay the purchase price for the ordered goods. The order is binding for the Buyer.
3.3. The Seller confirms the receipt of the order electronically by sending a confirmation email to the address provided by the Buyer in the order. The confirmation of the order is the Seller’s acceptance of the Buyer’s proposal to conclude a purchase agreement. The purchase agreement is concluded at the moment of this confirmation.
3.4. The Seller reserves the right to reject an order if:
- The goods are not available in stock,
- The Buyer provided incorrect or incomplete information,
- There is reasonable suspicion that the Buyer will not fulfill their obligations towards the Seller.
3.5. In case of rejection of the order, the Buyer will be promptly informed by email or phone.
4. Price of Goods and Payment Terms
4.1. The prices of the goods are listed in Euros (EUR) and include VAT unless otherwise stated. The Seller reserves the right to change the prices of the goods, and the new price will apply to goods ordered after the price change. For already concluded agreements, the price valid at the time of ordering applies.
4.2. The Buyer can pay for the ordered goods via the following methods:
- Credit/debit card via a secure payment gateway,
- Bank transfer to the Seller's account,
- Cash on delivery (only for deliveries within certain EU countries),
- Payment through online payment systems such as PayPal, Apple Pay, or Google Pay, if available.
4.3. The Buyer is obliged to pay the full price of the ordered goods within the specified due date in the order confirmation.
4.4. In the case of payment by bank transfer, the Buyer must include the correct variable symbol provided in the order confirmation. Failure to provide the correct variable symbol may result in delays in processing the order.
5. Delivery Terms
5.1. The Seller will deliver the ordered goods to the Buyer as soon as possible, but no later than 30 days from the date of order confirmation unless otherwise agreed. If delivery within the given timeframe is not possible, the Seller will promptly inform the Buyer and arrange a new delivery date or cancel the order.
5.2. The Buyer can choose the method of delivery from the available options offered in the E-shop. Delivery costs are charged according to the chosen delivery method and are displayed during the ordering process.
5.3. The Seller is responsible for delivering the goods to the address specified by the Buyer in the order. The Buyer is obligated to check the integrity of the packaging upon delivery and report any damage to the carrier and immediately inform the Seller.
6. Withdrawal from the Contract (Returns)
6.1. In accordance with Directive 2011/83/EU on consumer rights, the Buyer, who is a consumer, has the right to withdraw from the purchase agreement within 14 days from the date of receiving the goods without giving any reason. To exercise the right of withdrawal, the Buyer must inform the Seller in writing via email at shop@giblock.fun or by mail to the Seller's registered office.
6.2. The goods must be returned undamaged, in their original packaging, with all accessories, and without any signs of use. The cost of returning the goods is borne by the Buyer unless otherwise agreed.
6.3. The Seller will refund the Buyer all payments received, including delivery costs (except for additional costs arising if the Buyer selected a delivery method other than the least expensive standard delivery offered by the Seller), without undue delay, no later than 14 days from the day the Seller was informed of the Buyer's decision to withdraw from the contract.
6.4. The Buyer is liable for any diminished value of the goods resulting from handling them in a way that was not necessary to establish their nature, characteristics, and functioning.
7. Complaints and Warranty
7.1. The Seller provides a warranty for the delivered goods in accordance with the applicable EU legislation. The warranty period for goods is 24 months unless stated otherwise.
7.2. The Buyer must report any defects to the Seller without undue delay after discovering the defect. The complaint must include a description of the defect and proof of purchase.
7.3. The Seller will handle the complaint within 30 days from its receipt. If the complaint is justified, the Buyer is entitled to repair, replacement, or a refund for the goods.
7.4. The warranty does not cover defects caused by improper use, mechanical damage, or normal wear and tear.
8. Data Protection
8.1. The Seller processes the Buyer’s personal data in accordance with the General Data Protection Regulation (GDPR - Regulation (EU) 2016/679) and other applicable data protection laws.
8.2. The Buyer provides personal data voluntarily for the purpose of processing the order, payment, delivery of goods, and providing customer support. The Seller will store the personal data for as long as necessary to fulfill these purposes or as required by law.
8.3. The Buyer has the right to access their personal data, request correction, deletion, restriction of processing, object to processing, and request data portability. The Buyer can exercise their rights by contacting the Seller at the registered office or via email.
8.4. The Seller will not provide personal data to third parties, except for those involved in the delivery of goods (e.g., courier services) or payment processing (banks, payment gateways).
8.5. The Buyer has the right to withdraw consent to the processing of personal data for marketing purposes at any time by sending a written request to the Seller.
9. Dispute Resolution
9.1. The Seller and Buyer agree to resolve any disputes primarily through amicable negotiation and mutual agreement. If an agreement cannot be reached, disputes will be resolved by the competent court of the respective EU Member State.
9.2. Consumers have the right to use alternative dispute resolution (ADR) mechanisms in accordance with Directive 2013/11/EU on alternative dispute resolution for consumer disputes. The relevant ADR body may be the national consumer protection authority or another competent ADR body.
9.3. The Buyer may also use the online dispute resolution platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr.
10. Final Provisions
10.1. These Terms and Conditions are effective from the date of their publication on the E-shop website.
10.2. The Seller reserves the right to change or amend these Terms and Conditions at any time. Changes to the Terms and Conditions become effective on the date of their publication on the E-shop website. The changes
22.9.2024