Terms and Conditions

1. GENERAL CONDITIONS

2. ORDER

3. PRICES

4. PAYMENTS

5. DELIVERY CONDITIONS

6. DELIVERY OF GOODS

7. WITHDRAWAL FROM A COMPLETED ORDER

8. WARRANTIES AND CLAIMS

9. COLLECTION OF USER INFORMATION, PRIVACY OF PERSONAL DATA

10. INFORMATION OBLIGATION ON ALTERNATIVE DISPUTE RESOLUTION

11. FINAL INFORMATION

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TERMS AND CONDITIONS FOR PRODUCT INSURANCE AGAINST ACCIDENTAL DAMAGE

1. SUBJECTS

2. THE SUBJECT MATTER OF THE INSURANCE ("THE THING")

3. ACCIDENTAL DAMAGE INSURANCE

4. FORMATION OF INSURANCE

5. TERMINATION OF INSURANCE

6. SCOPE OF INSURANCE

7. INSURANCE EVENT AND THE INSURANCE BENEFIT PROVIDED

8. COMPLICITY

9. PROCEDURE IN THE EVENT OF A CLAIM

10. EXCLUSIONS FROM INSURANCE

PART 2 - GENERAL CONDITIONS OF INSURANCE

ARTICLE 1

Subject of insurance

ARTICLE 2

Insured value and sum insured

ARTICLE 3

Territorial scope - The Insurer shall provide the insurance benefit in the Slovak Republic, i.e. in the country where the Insured purchased the Item covered by the insurance, regardless of where the damage to the Item occurred.

ARTICLE 4

Incurrence and changes to insurance, deductibles

ARTICLE 5

Rights and obligations of the policyholder and the insured

ARTICLE 6

Rights and obligations of the insurer

ARTICLE 7

Premiums and duration of insurance

ARTICLE 8

Termination of insurance

The property insurance shall lapse:

ARTICLE 9

Claims and claims

ARTICLE 10

Insurance benefits

ARTICLE 11

Processing of personal data and communication

ARTICLE 12

Service of process

ARTICLE 13

Interpretation of terms

ARTICLE 14

Final provisions

FRAMEWORK AGREEMENT for B2B partners

  1. This Article 4A. GTC only governs the relationship between the Buyer - the Customer and the Seller - the Provider, who have entered into an oral "Marketing and Advertising Framework Contract", (hereinafter referred to as the "Contract" for the purposes of this Article 4A. GTC), whereby the Seller undertook to produce goods with the Buyer's design, to create conditions for their sale, as well as to present the goods through mass communication technologies and also the Buyer's obligation to invoice the Seller for marketing and there was also an agreement between them on the so-called self billing, i.e. an agreement on the issuance of invoices and credit notes (tax documents) by the Seller in the name and on behalf of the Buyer within the meaning of Act No. 222/2004 Coll. Z. on value added tax.

  2. The contents of the Oral Agreement are reflected in this Article 4A. GTC. For the purposes of this Article 4A. GTC shall mean the Seller - Provider and the Buyer - Customer.

  3. The Provider is the owner of the websites www.gomerch.sk, www.gomerch.cz and other internet domains under the management of GoMerch s.r.o. (hereinafter referred to as the "Website")

  4. For the purposes of this contract, design means a work - a design (e.g. a t-shirt with a design, a cap with a design, a backpack with a design, etc.), the author and owner of which is the provider who created the design.

  5. For the purposes of this contract, a semi-finished product means an item without a design, e.g. a T-shirt without a design, a cap without a design, a sweatshirt without a design, etc.

  6. For the purposes of this Contract, Goods means a product of the Provider's design which has been made or supplied by the Provider.

  7. For the purposes of this contract, the buyer is understood to be the customer who has placed an order for goods via the website.

  8. For the purposes of this contract, an order means a purchase contract concluded remotely between the Provider and the Buyer, the subject of which is the purchase of goods, through the website without the simultaneous physical presence of the Provider as the Seller and the Buyer, in particular by using electronic mail.

  9. Commission on the sale of goods means the amount agreed in advance in writing between the provider and the customer.

  10. For the purposes of this contract, marketing activity means the demonstrable presentation of the goods by the Customer, in particular, but not exclusively, through various means of mass communication (Instagram, YouTube, etc.).

  11. Total revenue for the purposes of this contract means the revenue from the sale of goods in a calendar month based on orders received in the Apollo administration system, with the commission calculated automatically from orders sent and received.

  12. Net income for the purposes of this Contract means the total income from orders received per calendar month after deduction of costs, which shall be shared by the Parties in the manner set out in clauses 46 to 52 of this Article of the GTC.

  13. The subject matter of the contract is the obligation of the Provider to produce goods for the Customer in accordance with the terms and conditions set out in this contract and to create conditions for the sale of the goods on the basis of the Buyer's order. The Customer also undertakes to carry out marketing activities for the goods and services sold by the Provider. The subject of the contract is also the granting of a licence pursuant to clauses 17. to 23. of this article of the GTC.

  14. The parties agree that the scope of production of the goods is left solely to the Provider's discretion, taking into account demand and the optimisation of production costs.

  15. The Provider undertakes to create a design for the Customer, which will appear on the goods, websites, social channels and physical media of the Provider, as well as on the Customer's website, whereby the exclusive copyright and ownership of the design will be acquired by the Provider once it is created.

  16. The design shall be produced by the provider by a date to be determined in advance jointly with the customer.

  17. By signing this Agreement, the Provider grants the Customer permission (hereinafter referred to as the "Licence") to use its design for the duration of this Agreement.

  18. The Customer undertakes not to change or modify the design in any way without the exclusive consent of the Provider and also not to grant the licence to third parties.

  19. The Customer is in no way entitled to register the design, which is defined in point 4. of this article of the GTC, the website or the name of the collection as a trademark at the Industrial Property Office of the Slovak Republic, or as a European and/or international trademark.

  20. The Provider is entitled to register the design, the website, the name of the collection as a trademark at the Industrial Property Office of the Slovak Republic, or as a European and/or international trademark.

  21. The Provider grants the Customer a non-exclusive and gratuitous licence to use the design in a manner that is directly commercial, namely for marketing activities, pursuant to Section 91(2) of the Copyright Act.

  22. The licence is granted to the extent necessary to achieve the purpose of this Agreement.

  23. The Provider does not grant to the Customer the consent that the Customer is entitled to grant to a third party the consent to use the design within the scope of the license granted.

  24. The Provider undertakes to produce the design and subsequently the goods according to the specifics agreed in advance between the Customer and the Provider.

  25. The selling price of the goods is determined by the provider.

  26. The Provider provides packaging of the goods, service associated with the goods, delivery to the Buyer, business communication with the Customer and customer care.

  27. The Provider is obliged to allow access to the premises where the goods with the Customer's design are stored at the Customer's request. The Customer shall notify the Provider of this request at least 48 hours before entering the premises. However, the Customer shall not have access to the premises where the production of the goods is carried out.

  28. Communication with the buyer for the purpose of the sale of goods, their delivery and any complaints is provided by the provider.

  29. The Provider shall have the right, without the Customer's consent, to post the Customer's posts with the goods on social networks or using other means of mass communication, as well as to carry out similar acts with a similar purpose.

  30. The Provider and the Customer shall share the costs of setting up and running performance marketing campaigns and other pre-agreed marketing activities in a 50% Provider/50% Customer ratio.

  31. The Provider shall have the exclusive right to terminate the sale of any goods whose sales fall below 40 units per month. Likewise, the sale of goods whose cost of production exceeds its profitability may be terminated.

  32. The Provider has the right to terminate the cooperation with the Customer whose annual sales do not exceed the value of 5000,- € without VAT.

  33. Delivery time: The average delivery time is 7 days from the date of order creation by the buyer. The maximum delivery time is 14 days from the date of order creation by the buyer. If the delivery time of the ordered goods exceeds 14 days from the date of order creation, the buyer will receive a gift with the order with an average value of 5-10% of the order price. The provider is responsible for these costs. The average dispatch time for goods from the first collection is approximately 14 days.

  34. If the product sold has a delivery time other than 14 days, this other time shall apply.

  35. The Customer undertakes to provide the Provider with all necessary assistance to enable the Provider to complete the design in accordance with the Customer's requirements.

  36. The Customer undertakes to present the goods by various means of mass communication (Instagram, YouTube, etc.). When presenting the goods, the Customer shall indicate the fact that the design or the goods were created by the Provider.

  37. During the term of the contract, as well as after its termination, the Customer is obliged to maintain the confidentiality of all facts that are regulated by the contract and are also related to it, or are related to the binding relationship established by this contract, in particular the Provider's business know-how, prices, technical specifications, internal company matters, communication matters, problems in the production and delivery of products, graphics, strategy, identity creation, all ideas that are used in the creation of the collection by the Provider.

  38. After the termination of the cooperation, the Customer may not use the goods, graphic designs, use the brand or defame the Provider's trade name, otherwise it is obliged to pay the Provider a contractual penalty of 10 000,- EUR.

  39. The Customer is obliged to supply high quality photographs in which the goods are presented or to actively participate in the photography/videography for the presentation of the goods.

  40. The customer has the right to express his opinion on the final design and the goods.

  41. The customer is entitled to one free sample of each item in the collection.

  42. The Customer is obliged to provide the Provider with administrator access to social networking accounts solely for the purposes of creating merch marketing campaigns, collecting statistics and evaluating them. These accesses will be granted for the duration of this contract and only to the social networks on which the Customer presents the merchandise, to the extent that the social network in question allows at the time.

  43. The Customer is obliged to respond regularly and actively to messages, calls or other communications from the Provider for the purpose of efficiency and good business relations.

  44. The Customer assumes 100% responsibility for unsold goods.

  45. The Customer is obliged, if requested by the Provider, to reserve a monthly time of at least 10 hours for communication and preparation of goods or other deliverables with the Provider.

  46. The Customer undertakes to observe the principle of fair business dealings and to maintain business practices (e.g. in the issue of invoices) in order to continue business cooperation and will not undertake activities in this respect that would cause an imbalance in business risk. The Customer is obliged to respond to messages, calls or other communications from the Provider within 48 hours of receipt for the purpose of efficiency and good business relations.

  47. The Parties shall bear the costs of complaint, replacement and return of the goods ordered by the Purchaser in the ratio of 50% by the Provider and 50% by the Purchaser.

  48. The parties shall bear the costs for goods ordered by the purchaser that have not been received in the proportion of 50% by the provider and 50% by the purchaser.

  49. The fee on the payment gateway is approximately 1% of the total amount (purchase price) of the order, which is paid by the Provider and this cost is shared by the Provider and the Customer in the ratio of 50% Provider and 50% Customer.

  50. The contracting parties shall bear the costs of "free shipping" (free shipping is above EUR 100 of the total amount including VAT - the purchase price of the order) in the ratio of 50% by the provider and 50% by the customer.

  51. The Parties shall bear the costs of processing orders (the accounting fee is EUR 0.76 excluding VAT for each order) in the ratio of 50% by the Provider and 50% by the Customer.

  52. The parties shall bear the costs for the discount fees - commission deductions caused by the percentage discount of the entire order in the ratio of 50% by the provider and 50% by the customer.

  53. The parties shall bear the costs of the samples in the ratio of 50% by the provider and 50% by the customer; this is without prejudice to point 41 of this article of the GTC; for a new collection, the customer is entitled to one free sample after approval by both parties)

  54. The parties agree to split the net proceeds from the sale of the goods 50 % by the provider and 50 % by the customer.

  55. The Provider shall send the Customer a monthly report (hereinafter referred to as the "Monthly Report") each calendar month, including:

    • o the customer's net income from the sale of goods

    • for information on the sale of goods

    • o the total cost of the customer

    • o the cost of producing samples of the goods for the customer

  56. Upon receipt of the monthly report, the Customer is obliged to immediately issue an invoice for marketing activities to the Provider on the last day of the monthly period, with the invoice due within 14 days, with the amount of the monthly remuneration for marketing activities being calculated according to the activities carried out in the given month.

  57. At the end of the monthly period, the Customer's stock of goods will be checked and the Customer's commission of 50% of the value of the stock will be withheld. This applies if the parties have agreed that the scope of product selection and production of the goods is left solely to the Provider's discretion.

  58. In the event that the Customer has requested the purchase and manufacture of specialty or non-traditional products, the Customer shall be responsible for 100% of the value of the products and merchandise, and the Customer's commissions shall be retained at 100% of the value of the stock for all such merchandise.

  59. In the event that the Customer has requested the purchase and manufacture of specialty or non-traditional products, the Customer shall be responsible for 100% of the value of the products and merchandise, and the Customer's commissions shall be retained at 100% of the value of the stock for all such merchandise.

  60. The minimum amount of commission that is paid is 200,- EUR excluding VAT.

  61. The parties agree that this contract is concluded for an indefinite period of time.

  62. The Customer undertakes not to enter into the same or similar contractual relationship with a third party (entity other than the Provider) with the same or similar object and purpose as agreed in this Contract during the term of this Contract.

  63. The Parties agree that if the Customer breaches any contractual obligation set out in this Contract, the Customer shall be obliged to pay the Provider a contractual penalty of EUR 2800,- per breach of contractual obligation; the Customer shall be obliged to pay the contractual penalty repeatedly to the Provider in the event of repeated breach of any contractual obligation.

  64. The Customer shall be entitled to terminate this Contract if the Provider has breached its obligations under this Contract. The period of notice shall be 3 months. The period of notice shall commence on the first day of the month following the month in which the notice of termination is received by the Provider. At the same time, the Customer shall, no later than the date of expiry of the notice period, repurchase the Products from the Provider at the purchase price and cover the costs of the remaining unsold Goods or, with the Provider's agreement, actively cooperate in their resale within a period of 3 months from the expiry of the notice period; after the expiry of the notice period, the Customer shall be obliged to repurchase the Products from the Provider at the purchase price and cover the costs of the remaining unsold Goods. Otherwise, the Customer shall pay the Provider a contractual penalty equal to the total purchase price of the remaining goods. The Provider undertakes to store the remaining goods free of charge in the warehouse for 1 month from the end of the contractual relationship or during the after-sale period, after which it shall be entitled to charge a storage fee of EUR 20,- excluding VAT per Euro-pallet (in words, twenty Euros) per day.

  65. The Provider shall be entitled to terminate this Contract without cause or if the Customer has breached its obligations under this Contract. The period of notice shall be 1 month. The period of notice shall begin on the first day of the month following the month in which the notice of termination is given to the Customer. At the same time, the Customer shall, no later than the date of expiry of the notice period, purchase the Products from the Provider at the purchase price and cover the costs of the remaining unsold Goods or, with the Provider's consent, actively cooperate in their resale within a period of 3 months from the expiry of the notice period; after the expiry of the notice period, the Customer shall purchase the Products from the Provider at the purchase price and cover the costs of the remaining unsold Goods. Otherwise, the Customer shall be obliged to pay the Provider a contractual penalty equal to the total purchase price of the remaining goods. The Provider undertakes to store the remaining goods free of charge in the warehouse for 1 month from the end of the contractual relationship or during the after-sale period, after which it shall be entitled to charge a storage fee of EUR 20,- excluding VAT (in words, twenty euros) per day.

  66. The contractual relationship may also be terminated by written agreement of the parties.

  67. Service of any document under or in connection with this Agreement shall be deemed to be service by post, courier or personal delivery on the relevant party. The day on which the addressee Party refuses to accept service of a document or on which the time limit for collection at the post office expires in vain shall also be deemed to be the day on which the document is served. The address of delivery shall be deemed to be the registered office or place of business or permanent residence of the respective Party as specified in this Contract.The Parties shall also be entitled to communicate by e-mail, except for termination of the Contract pursuant to Clauses 64 to 66 of this Article of the GTC or withdrawal from this Contract.

  68. The Parties are obliged to notify each other in writing of a change of address for the delivery of documents or a change of e-mail address.

  69. The Parties agree that this contract shall be governed by the legal regime of the Commercial Code of the Slovak Republic.

  70. The rights and obligations of the Parties not regulated by this Contract shall be governed by the relevant provisions of the Commercial Code of the Slovak Republic and other relevant legislation.

  71. The Parties undertake to ensure the protection of personal data referred to in this contract in a manner in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data.

  72. The Parties undertake to settle all disputes arising in connection with this Contract primarily by agreement.

  73. The Parties agree that any disputes arising in connection with this Agreement shall be subject to the jurisdiction of the courts of the Slovak Republic.

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