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Terms and Conditions

These General Terms and Conditions (“Terms”) of Gate restaurant s.r.o., with its registered office at Platnéřská 88/9, Staré Město, 110 00 Prague, Company ID: 05550891, registered in the Commercial Register under file no. C 265687/MSPH maintained by the Municipal Court in Prague, e-mail info@gate-restaurant.cz, phone number +420 224 815 305, business address 1. pluku 18, Prague 8 (“We” or “Seller”), govern in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations of you, as the buyer, and us, as the seller, arising in connection with or on the basis of a purchase contract (“Contract”) concluded through the e-shop on the website gate.gate-restaurant.cz.

All information regarding the processing of your personal data is contained in the Personal Data Processing Policy, which you can find here.

The provisions of these Terms form an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement these Terms. This provision does not affect rights and obligations arising during the validity of the previous version of the Terms.

We primarily communicate remotely. Therefore, our Contract is concluded using means of distance communication that allow us to agree without the simultaneous physical presence of both parties, and the Contract is thus concluded remotely within the e-shop environment via the website interface (“e-shop web interface”).

If any part of these Terms contradicts what we have agreed upon during your purchase process on our e-shop, such specific agreement shall prevail over these Terms.

1. DEFINITIONS

  • 1.1. Price means the financial amount you will pay for the Goods;
  • 1.2. Delivery Price means the financial amount you will pay for the delivery of the Goods, including packaging costs;
  • 1.3. Total Price means the sum of the Price and the Delivery Price;
  • 1.4. VAT means value added tax under applicable legal regulations;
  • 1.5. Invoice means a tax document issued in accordance with the VAT Act for the Total Price;
  • 1.6. Order means your binding proposal to conclude a Contract for the purchase of Goods with us;
  • 1.7. User Account means an account created based on the data you provide, which enables storage of entered data and the history of ordered Goods and concluded Contracts;
  • 1.8. You means the person purchasing on our e-shop, legally referred to as the buyer;
  • 1.9. Goods means everything that can be purchased on the e-shop.

2. GENERAL PROVISIONS AND INFORMATION

  • 2.1. The purchase of Goods is only possible through the e-shop web interface.
  • 2.2. When purchasing Goods, you are obliged to provide us with all information truthfully and correctly. The information you provide in the Order will therefore be considered accurate and correct.
  • 2.3. Our e-shop also provides access to product reviews made by other consumers. The authenticity of such reviews is ensured and verified by linking reviews to specific orders, meaning that within our internal system we can see the associated order ID for each review and are therefore able to verify that the review originates from a real customer.

3. CONCLUSION OF THE CONTRACT

3.1. The Contract may only be concluded with us in the Czech language.

3.2. The Contract is concluded remotely via the e-shop, and you bear the costs of using distance communication means. However, these costs do not differ from the standard rates you pay for using such means (in particular internet access), and you should not expect any additional charges from us beyond the Total Price. By submitting the Order, you agree to the use of distance communication.

3.3. In order to conclude the Contract, you must create an Order on the e-shop. The Order must include the following information:

  • a) Information about the Goods being purchased (on the e-shop, you select the Goods you are interested in by clicking the “Add to cart” button);
  • b) Information about the Price, Delivery Price, payment method for the Total Price, and the requested method of delivery; this information is entered during the Order creation within the e-shop user interface, while the Price, Delivery Price, and Total Price are automatically displayed based on the selected Goods, delivery, and payment method;
  • c) Your identification and contact details necessary for delivery, in particular your first name, last name, delivery address, phone number, and email address.

3.4. During the Order creation, you may review and modify the entered data until the Order is completed. After reviewing, you complete the Order by clicking the “Order with obligation to pay” button. Before clicking this button, you must confirm that you have read and agree to these Terms; otherwise, the Order cannot be completed. This confirmation is done via a checkbox. After clicking the button, all entered information will be sent to us.

3.5. We will confirm your Order as soon as possible after it is delivered to us by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment. The Terms effective on the date of the Order, i.e. those attached to the confirmation email, form an integral part of the Contract. The Contract is concluded upon confirmation of the Order.

3.6. There may be cases where we cannot confirm your Order. This mainly includes situations where the Goods are unavailable or when you order a larger quantity than allowed. Information about maximum quantities will always be provided in advance within the e-shop. If we cannot confirm the Order, we will contact you and send you an offer to conclude a modified Contract. The Contract is concluded when you confirm our offer.

3.7. If an obviously incorrect Price is displayed in the e-shop or in the Order, we are not obliged to deliver the Goods at that Price, even if the Order has been confirmed and the Contract concluded. In such a case, we will contact you without delay and send you a proposal for a new Contract with corrected terms. The new Contract is concluded once you confirm our offer. An obvious error in Price includes, for example, a price significantly deviating from usual market prices or a missing or extra digit.

3.8. Upon conclusion of the Contract, you are obliged to pay the Total Price.

3.9. In some cases, we allow discounts on purchases. To apply a discount, you must enter the relevant information in the designated field when creating the Order. If you do so, the discount will be applied.

The validity of a gift voucher is 1 year from the date of issue and it is for one-time use. It may be returned within 14 days from the date of issue.

4. PRICING AND PAYMENT TERMS, RETENTION OF TITLE

4.1. The Price is always stated within the e-shop, in the Order proposal, and in the Contract. In case of discrepancy between the Price stated in the e-shop and the Price in the Order proposal, the Price in the Order proposal shall apply, which will always correspond to the Contract. The Delivery Price or conditions for free delivery are also stated within the Order proposal.

4.2. The Total Price is stated including VAT and all statutory fees.

4.3. We will require payment of the Total Price after the conclusion of the Contract and before the delivery of the Goods. Payment can be made as follows:

  • a) By bank transfer. Payment details will be sent to you in the Order confirmation. In case of bank transfer, the Total Price is due within 3 working days; otherwise, the order will be cancelled.
  • b) In cash upon personal collection. Cash payment is possible when collecting the Goods at our premises. In this case, the Total Price is payable upon receipt of the Goods.

4.4. The invoice will be issued electronically after payment of the Total Price and sent to your email address. The invoice will also be physically attached to the Goods and available in your User Account.

4.5. Ownership of the Goods transfers to you only after you have paid the Total Price and taken over the Goods. In case of bank transfer, the Total Price is considered paid when credited to our account; in other cases…

5. WITHDRAWAL FROM THE CONTRACT

5.1. Withdrawal from the Contract, i.e. termination of the contractual relationship between us and you from the beginning, may occur for the reasons and in the manner specified in this section or in other provisions of the Terms where withdrawal is expressly stated.

5.2. If you are a consumer, i.e. a person purchasing Goods outside the scope of your business activity, you have the right, in accordance with Section 1829 of the Civil Code, to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or in the case of purchase of Goods, within 14 days from receipt. If the Contract concerns multiple items or delivery of several parts, the period starts from the date of delivery of the last item or part. If the Contract provides for repeated deliveries, the period starts from the date of the first delivery.

5.3. You may withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to our contact details).

5.4. Even as a consumer, you cannot withdraw from the Contract in cases specified in Section 1837 of the Civil Code.

5.5. The withdrawal period is deemed observed if you send us a notice of withdrawal within that period.

5.6. In the event of withdrawal, you are obliged to send the Goods back to us within 14 days and bear the costs of return. You are entitled to reimbursement of delivery costs only up to the amount corresponding to the cheapest delivery method offered. If withdrawal is due to our breach of the Contract, we will also reimburse the return costs, again only up to the cheapest delivery option.

5.7. In case of withdrawal, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was paid or another account specified by you. The refund will not be made before we receive the Goods or you prove they have been sent back. Please return the Goods clean and, if possible, in their original packaging.

5.8. You are liable for any reduction in the value of the Goods resulting from handling beyond what is necessary to become familiar with their nature, characteristics, and functionality. If we have not yet refunded the Price, we may offset this claim against your refund.

5.9. We are entitled to withdraw from the Contract at any time before delivery if there are objective reasons preventing delivery (especially reasons on the part of third parties or the nature of the Goods), even before the deadline specified in Section 6.1 of the Terms. We may also withdraw if it is evident that you have intentionally provided incorrect information. If you purchase as a business, we may withdraw at any time without stating a reason.

6. CONSUMER DISPUTE RESOLUTION

6.1. We are not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

6.2. Consumer complaints are handled via email at info@gate-restaurant.cz. Information about complaint resolution will be sent to the buyer’s email address.

6.3. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 796/44, 110 00 Prague 1, Company ID: 000 20 869, website: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and a consumer arising from electronic contracts.

6.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 on online dispute resolution.

7. FINAL PROVISIONS

7.1. If the legal relationship contains an international element (e.g. delivery outside the Czech Republic), it shall be governed by the laws of the Czech Republic. If you are a consumer, your statutory rights remain unaffected.

7.2. All written communication will be conducted electronically via email. Our email address is listed in our identification details. We will deliver correspondence to your email address provided in the Contract, User Account, or used for communication.

7.3. The Contract may only be amended by written agreement. We may amend these Terms, but such changes will not affect already concluded Contracts.

7.4. In cases of force majeure or unforeseeable events (natural disasters, pandemics, operational failures, supplier outages, etc.), we are not liable for damages. If such circumstances last longer than 10 days, both parties may withdraw from the Contract.

7.5. The Terms include a sample complaint form and a sample withdrawal form.

7.6. The Contract, including the Terms, is stored electronically by us but is not publicly accessible. You will always receive the Terms and Order confirmation by email, ensuring access to the Contract. We recommend saving these documents.

7.7. These Terms become effective on 15 September 2023.

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