GENERAL TERMS AND CONDITIONS OF BUSINESS

of the company GB Creative s.r.o.
with its registered office at Březenecká 4808, 430 04 Chomutov
Company identification number: 22490558
VAT identification number: CZ22490558
registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, File 38082

for the sale of goods through the online shop at www.gbcreative.cz

1. Introductory provisions
These General Terms and Conditions (hereinafter the “Terms and Conditions”) of GB Creative s.r.o., with its registered office at Březenecká 4808, 430 04 Chomutov, company identification number 22490558, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, File 38082 (hereinafter the “Seller”), govern, pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or under a purchase contract (hereinafter the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter the “Buyer”) through the Seller’s online shop.

The online shop is operated by the Seller on the website at www.gbcreative.cz (hereinafter the “Website”) through the shop’s web interface.

These Terms and Conditions do not apply where the person intending to purchase goods from the Seller is a legal entity or acts in the course of their business or independent professional activity when ordering the goods.

Provisions differing from these Terms and Conditions may be agreed in the Purchase Contract. Such provisions in the Purchase Contract take precedence over these Terms and Conditions.

These Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in Czech. The Purchase Contract may be concluded in Czech.

The Seller may amend or supplement the wording of the Terms and Conditions. This does not affect rights and obligations arising while the previous version of the Terms and Conditions was in force.

Following registration on the Website, the Buyer may access their user account. The Buyer may order goods through their user account. Where the shop’s web interface allows it, the Buyer may also order goods directly through the shop’s web interface without registering.

When registering on the Website and ordering goods, the Buyer must provide correct and truthful information. The Buyer must promptly update any changes to the details in their user account. The information supplied by the Buyer in their user account and when ordering goods is considered correct.

Access to the user account is protected by a username and password. The Buyer must keep their login details confidential.

The Buyer is not entitled to allow third parties to use their user account.

The Seller may delete the user account, particularly if the Buyer has not used it for an extended period or breaches their obligations under the Purchase Contract, including these Terms and Conditions.

The Buyer acknowledges that the user account may not be available continuously, particularly due to necessary maintenance of the Seller’s or third parties’ hardware and software.

2. Conclusion of the Purchase Contract
All presentations of goods in the shop’s web interface are for information purposes only, and the Seller is not obliged to conclude a Purchase Contract for these goods. Section 1732(2) of the Civil Code does not apply.

The shop’s web interface contains information about the goods, including the prices of individual goods and the costs of returning goods which, due to their nature, cannot be returned by ordinary post. The prices of goods include VAT and all related charges. The prices remain valid for as long as they are displayed in the shop’s web interface. This does not prevent the Seller from concluding a Purchase Contract on individually agreed terms.

The shop’s web interface also contains information about the costs of packaging and delivery of goods. This information applies only to deliveries within the Czech Republic.

To order goods, the Buyer completes the order form in the shop’s web interface. The order form contains, in particular, information about:
• the goods ordered;
• the method of payment of the purchase price;
• the requested delivery method;
• the costs associated with delivery.

Before submitting the order, the Buyer may check and change the details entered, including correcting errors. The order is submitted by clicking the “Order” button. The information provided in the order is considered correct. The Seller promptly confirms receipt of the order by email to the email address provided in the Buyer’s user account or in the order.

Depending on the nature of the order, particularly the quantity of goods, the purchase price or the anticipated shipping costs, the Seller is entitled at any time to request additional confirmation of the order from the Buyer, for example in writing or by telephone.

The contractual relationship between the Seller and the Buyer is established when the Buyer receives the Seller’s acceptance of the order by email.

The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. The Buyer bears the costs incurred in using means of distance communication in connection with concluding the Purchase Contract, particularly internet or telephone costs.

3. Price of goods and payment terms
The Buyer may pay the purchase price of the goods and any associated delivery costs using the following methods:
• cash on delivery at the location specified by the Buyer in the order;
• bank transfer to the Seller’s account;
• through a payment system;
• payment card;
• PayPal.

Together with the purchase price, the Buyer must also pay the Seller the agreed costs of packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price also includes delivery costs.

The Seller does not require a deposit or any similar advance payment from the Buyer. This does not affect the obligation to pay the purchase price in advance under these Terms and Conditions.

For cash payments or cash on delivery, the purchase price is due upon receipt of the goods. For cashless payments, the purchase price is due within 14 days of conclusion of the Purchase Contract.

For cashless payments, the Buyer must provide the variable symbol (payment reference) when paying the purchase price. The Buyer’s payment obligation is fulfilled when the corresponding amount is credited to the Seller’s account.

The Seller is entitled to require payment of the full purchase price before dispatching the goods, particularly if the Buyer does not provide additional confirmation of the order.

Any discounts cannot be combined.

Where customary in commercial dealings or required by law, the Seller issues a tax document or invoice to the Buyer for payments made under the Purchase Contract. The Seller is registered for VAT. The invoice is issued after payment of the purchase price and sent electronically to the Buyer’s email address.

4. Withdrawal from the Purchase Contract
The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, there is, among other things, no right of withdrawal from contracts for the supply of goods:
• made to the Buyer’s specifications or personalised for the Buyer;
• liable to deteriorate rapidly;
• irreversibly mixed with other goods after delivery;
• supplied in sealed packaging which cannot be returned for hygiene reasons once opened;
as well as contracts for the supply of audio or video recordings or computer software where the original packaging has been opened.

Unless a case referred to in the preceding paragraph or another case in which withdrawal is excluded applies, the Buyer is entitled, pursuant to Section 1829(1) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods. If the Purchase Contract covers the delivery of several types of goods or several partial deliveries, this period begins upon receipt of the last delivery.

Notice of withdrawal must be sent to the Seller within the specified period. The Buyer may use the model form provided by the Seller for this purpose. Notice of withdrawal may be sent to the Seller’s business premises address or email address.

Upon withdrawal, the Purchase Contract is cancelled from its inception. The goods must be returned to the Seller within fourteen (14) days of withdrawal. The Buyer bears the costs of returning the goods, including where the goods cannot, due to their nature, be returned by ordinary post.

Upon withdrawal, the Seller refunds all payments received from the Buyer within fourteen (14) days of withdrawal, using the same payment method as used to receive the payment, unless otherwise agreed. The Seller is not obliged to refund the payments received before receiving the goods back or before the Buyer provides proof that the goods have been dispatched.

The Seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

Until the Buyer receives the goods, the Seller is entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller promptly refunds the purchase price by cashless transfer to the account specified by the Buyer.

If the Buyer receives a gift together with the goods, the gift agreement is concluded subject to a condition subsequent: if the Buyer withdraws from the Purchase Contract, the gift agreement also ceases to have effect, and the Buyer must return the gift together with the goods.

Important notice: The goods must be returned to the following return address:
Ing. Milada Svobodová, Pod Hřištěm 307, Březenec 431 11
The return must also be notified by email to info@gbcreative.cz.
Do not send the goods to the company’s registered office address.

5. Transport and delivery of goods
If a shipping method is agreed at the Buyer’s specific request, the Buyer bears the risk and any additional costs associated with that shipping method.

If the Seller is obliged under the Purchase Contract to deliver the goods to the location specified by the Buyer in the order, the Buyer must accept the goods upon delivery.

If, for reasons attributable to the Buyer, the goods must be delivered repeatedly or by a method other than that specified in the order, the Buyer must bear the associated additional costs.

When receiving the goods from the carrier, the Buyer must check that the packaging is intact and immediately report any defects to the carrier. If damage to the packaging indicates unauthorised interference with the shipment, the Buyer is not required to accept it.

Further rights and obligations relating to the transport of goods may be governed by the Seller’s separate delivery terms.

6. Rights arising from defective performance
The rights and obligations of the contracting parties concerning rights arising from defective performance are governed by the relevant statutory provisions, particularly Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code.

The Seller is responsible for ensuring that the goods are free from defects upon receipt. In particular, the Seller is responsible for ensuring that, at the time of receipt, the goods:
• have the properties agreed between the parties;
• are suitable for the purpose stated by the Seller or for their usual purpose;
• correspond in quality or workmanship to the agreed sample or model;
• are supplied in the appropriate quantity, measure or weight;
• comply with statutory requirements.

These provisions do not apply to goods sold at a lower price because of a defect, to normal wear and tear, to used goods to the extent corresponding to their degree of use, or where this follows from the nature of the goods.

If a defect becomes apparent within one year of receipt, the goods are presumed to have been defective upon receipt, unless the nature of the goods or the defect rules this out.

The Seller must accept complaints concerning defective goods at any business premises where this is possible in view of the product range. The complaint, including rectification of the defect, must be resolved no later than 30 days after it is made, unless otherwise agreed.

If this period expires without resolution, the consumer may withdraw from the contract or request an appropriate reduction in price.

The Seller must issue the consumer with confirmation of the date and manner in which the complaint was resolved, including confirmation of any repair and its duration, or a written explanation of why the complaint was rejected.

The body responsible for out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, 120 00 Nové Město, Praha 2, company identification number: 00020869, website: www.coi.cz.

7. Other rights and obligations of the contracting parties
The Buyer acquires ownership of the goods upon payment of the purchase price in full.

The Seller is not bound, in relation to the Buyer, by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

Out-of-court handling of complaints is carried out through the Seller’s email address. Information about the handling of the complaint is sent to the Buyer’s email address.

The Seller is authorised to sell goods under a trade licence. Trade supervision is carried out by the competent trade licensing authority. Supervision in the field of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other matters, compliance with the Consumer Protection Act.

The Buyer assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

8. Personal data protection
Basic provisions
The controller of personal data within the meaning of Article 4(7) of Regulation (EU) 2016/679 (GDPR) is GB Creative s.r.o., company identification number: 22490558, with its registered office at Březenecká 4808, 430 04 Chomutov.

Controller’s contact details:
Address: Březenecká 4808, 430 04 Chomutov
Email: info@gbcreative.cz

Personal data means any information relating to an identified or identifiable natural person.

The controller has not appointed a data protection officer.

Sources and categories of personal data
The controller processes personal data which you have provided or which it has obtained in connection with your order.

In particular, identification and contact details and data necessary for performance of the contract are processed.

Legal basis and purpose of processing
• Performance of a contract under Article 6(1)(b) GDPR;
• the controller’s legitimate interest in direct marketing under Article 6(1)(f) GDPR;
• consent to processing for marketing purposes under Article 6(1)(a) GDPR.

The purposes of processing are:
• processing your order;
• exercising rights and fulfilling obligations arising from the contractual relationship;
• sending information and marketing communications.

No automated individual decision-making within the meaning of Article 22 GDPR takes place.

Retention period
• For the period necessary to exercise rights and fulfil obligations arising from the contractual relationship, up to a maximum of 15 years after the contractual relationship ends;
• until consent for marketing purposes is withdrawn, up to a maximum of 10 years.

Personal data is deleted after the retention period expires.

Recipients of personal data
Recipients of personal data include, in particular:
• persons involved in the delivery of goods, provision of services or payment processing;
• operators of the online shop and related services;
• marketing service providers.

The controller does not intend to transfer personal data to third countries outside the EU or to international organisations.

Your rights
You have the right to:
• access your personal data under Article 15 GDPR;
• rectification under Article 16 GDPR;
• restriction of processing under Article 18 GDPR;
• erasure under Article 17 GDPR;
• object under Article 21 GDPR;
• data portability under Article 20 GDPR;
• withdraw your consent in writing or electronically using the contact details above.

You also have the right to lodge a complaint with the competent data protection authority.

Security of personal data
The controller declares that it has taken all appropriate technical and organisational measures to protect personal data.

Only the controller and persons authorised by the controller have access to personal data.

Final provisions on personal data protection
By submitting an order, you confirm that you have read the personal data protection terms and accept them in full.

The controller is entitled to amend these personal data protection terms. The new version will be published on the Website and, where applicable, sent to your email address.

The Buyer consents to the processing of the following personal data: first name and surname, residential address, company identification number, tax identification number, email address and telephone number.

Personal data may be processed by a data processor. Except for transport service providers, personal data will not be disclosed to third parties without the Buyer’s prior consent.

Personal data may be processed electronically by automated means or in paper form by non-automated means.

The Buyer confirms that the personal data provided is correct.

If the Buyer believes that the Seller or the data processor is processing personal data in a manner that infringes the protection of private and personal life or violates statutory provisions, the Buyer may request an explanation or demand that the situation complained of be remedied.

If the Buyer requests information about the processing of their personal data, the Seller must provide that information. The Seller may charge a reasonable fee not exceeding the costs required to provide it.

9. Sending commercial communications and storing cookies
The Buyer consents to receiving information relating to the Seller’s goods, services or business at their email address and also agrees to receive commercial communications.

The Buyer consents to the storage of cookies on their computer. If a purchase on the Website can be made without storing cookies and the Seller’s obligations under the Purchase Contract can be fulfilled, the Buyer may withdraw their consent at any time.

10. Delivery of notices
Notices may be delivered to the Buyer’s email address.

11. Final provisions
If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship is governed by Czech law. The consumer’s rights under mandatory statutory provisions remain unaffected.

If any provision of these Terms and Conditions is or becomes invalid or unenforceable, it shall be replaced by a provision whose meaning is as close as possible to that of the invalid provision. The invalidity of an individual provision does not affect the validity of the remaining provisions.

The Purchase Contract, including these Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.

Seller’s contact details
Ing. Milada Svobodová
Telephone: 720 949 310

Address for correspondence and returns upon withdrawal from the contract:
Pod Hřištěm 307
Březenec 431 11

Email: info@gbcreative.cz

Updated on 1. 10. 2026