DKC800AC Sliding Gate opener

TERMS AND CONDITIONS

of the e-commerce at www.gamateh.com

SUBJECT

These TERMS AND CONDITIONS govern the use, ordering methods, rules of distance contracts and deliveries, warranties and responsibilities of the GAMATEH.COM e-shop.

GENERAL

The ELECTRONIC SHOP GAMATEH.COM, located at the electronic address: http://www.gamateh.com/ is managed and owned by GAMATEH Ltd, UIC: 103884207, with registered office in the city of GAMATEH. Varna, Varna Blvd. Hristo Smirnenski 149, tel. 052 390666, e-mail: office@gamateh.com; gamateh@gmail.com

A PARTY TO A DISTANCE SALE CONTRACT (BUYER) is any natural and/or legal person who has placed an order for goods through the e-shop and has agreed to these General Terms and Conditions and the terms of delivery and warranty.

GAMATEH LTD is a party to the DISTANCE SALE CONTRACT (SELLER).

REGISTERED USER - a BUYER who has registered an account on the e-shop, which is formed by an email address and password that allows the BUYER to send the Order, and a BUYER who has used the quick order platform that does not require registration.

ORDER - a document constituting an electronic form between the SELLER and the BUYER, through which the BUYER requests the purchase of goods from the SELLER's online store.

CONTRACT - the registration in the e-shop, as well as the purchase confirmation, constitute a distance contract between the SELLER and the BUYER, of which these Terms and Conditions of Use of the e-shop are an integral part.

1. The General Terms and Conditions of gamateh.com are binding for all users of the e-Commerce site, and any use - order, registration, request, comments, etc. means that the BUYER has read the General Terms and Conditions and has agreed to comply with them.
2. The terms and conditions can be unilaterally changed by gamateh.com at any time by updating them. Such changes shall take effect immediately and shall be binding on all users/purchasers. Some of the changes may have retroactive effect on orders already delivered and confirmed. Changes to the terms and conditions are announced by gamateh.com in the e-newsletter.
3. gamateh.com provides full information on the features of the products offered. The images of the products are informative and indicative and it is possible that the products delivered may differ from the images due to changes in their characteristics, packaging, colour or design.
4. gamateh.com shall not be liable for any inaccuracy in delivery caused by reference to an incorrect product code or an error in the manufacturers' catalogues of the relevant items.
5. The features and/or prices of the products offered may be changed by gamateh.com at any time. gamateh.com is not responsible for any technical errors in the uploading and description of products.
6. All goods, including those on promotion/discount, are sold and delivered while stocks last, even if this is not explicitly stated.
7. The E-COMMERCE contains links to other websites, and gamateh.com is not responsible for the privacy policies of such third party websites or any other information contained therein.

REGISTRATION AND CONTRACT CONCLUSION

8. By registering an Order on the Site, the BUYER agrees by telephone or email to state his/her desire to receive the relevant Goods or Services from the SELLER for a fee.
9. By registering a personal account, the user can receive information about the status of orders placed, view previously ordered products and receive information about news and current promotions.
10. Confirmation of the completed order is made by the SELLER to the CUSTOMER by phone call.
11. The SELLER shall have the right not to deliver some or all of the Goods or not to perform some or all of the Services of the Order at its sole discretion including but not limited to out of stock, price change and/or apparent unsatisfactory quality of the goods supplied by the manufacturer.
12. In any such event, the SELLER shall notify the BUYER by telephone, and the SELLER may only be liable for the immediate refund of any amount previously received for the relevant Goods/Services.
13. The contract of sale concluded between the BUYER and the SELLER consists of these General Terms and Conditions and the information requested and provided by the BUYER on the Site.
14. Access to the gamateh.com e-shop is free and order registration is allowed to any BUYER. gamateh.com reserves the right, in its sole discretion, to restrict any BUYER's access to place an Order and/or to any of the available payment methods in the event of systemic abuse and in the event that any action by the BUYER would be detrimental to gamateh.com in any way.
15. In case of such restriction, the BUYER should contact the e-shop via the contact forms and be informed of the reasons that led to the application of the restrictions.
16. gamateh.com shall not be liable for any damages that the BUYER may suffer as a result of such a restriction decision, regardless of its correctness or justification.
17. Communication with the SELLER can be made through direct contact or at the addresses indicated on the website in the "Contact" section. The SELLER is free to handle the information received without having to justify this.
18. All prices of the Goods and/or Services on the Site are final, are quoted in BGN and are not subject to VAT and any other taxes or charges required by law (including green, product and other similar special taxes). The BUYER shall be entitled to request details of the exact amount to be added to the price of the Goods via the SELLER's contact forms.
19. For all payments by bank transfer or other forms of money transfer, the SELLER shall not be liable for any costs in connection with fees, commissions or other additional payments incurred by the BUYER in connection with the transaction itself, or in the case of currency conversion applied by a bank or other electronic payment operator issuing a card to the BUYER. The costs associated with such payments and commissions shall be borne by the BUYER.
20. All images featured in the e-store are intended to create as close an idea as possible of the type and nature of the Goods offered and not to represent them with absolute accuracy. It is possible that some of the images - static or dynamic - of the Goods or Services in the shop may not correspond to the exact appearance of the relevant Goods, and the BUYER shall not be entitled to hold the SELLER liable for such discrepancies.
21. In the event of non-conformity of the consumer goods with the contract of sale, the consumer has the right to file a claim by requesting the seller to bring the goods into conformity with the contract of sale. In this case, the consumer may choose between repairing the goods or replacing them with new goods, unless this is impossible or the method of redress chosen by the consumer is disproportionate compared to the other.
22. The SELLER shall not be liable for damage to the goods caused after delivery by improper storage, improper or faulty installation and/or unauthorised access to elements of the relevant part.
23. Without manifestation of non-conformity, the BUYER may cancel the transaction within 14 days of receipt by making a special statement to the e-shop, in a standard form sent with the returned goods and/or to the above e-mail address - completed, signed and scanned in .pdf and/or .jpg format. Within 14 days of the refusal, the BUYER must return the goods, which must be returned together with the original packaging and certificates and without any violation of the form in which they were sent. The BUYER shall only be liable for the diminished value of the goods caused by testing them other than as necessary to ascertain their nature, characteristics and proper functioning.
24. In the event of a valid rejection, the seller shall refund the amount paid by the buyer, possibly reduced by the value of the damage caused by testing the goods other than necessary to ascertain their nature, characteristics and proper functioning.
25. The SELLER shall not be liable to reimburse the cost of transport and delivery to the BUYER.
26. When transporting goods from the Buyer to the Seller - regardless of the reason (refusal, claim, need for repair, etc.), the costs shall be paid by the BUYER.

INTELLECTUAL PROPERTY AND TRADEMARK LAW

27. he information published in the e-shop, including logos, graphic images, photos, captions, inscriptions, trademarks and brands, texts, videos and multimedia content are the property of gamateh.com. Exceptions are the brands and symbols of the respective goods, the intellectual property of which belongs to the respective manufacturer.
28. No part of the distance contract concluded between the SELLER and the BUYER may be considered as authorization by gamateh.com to copy, distribute, publish, make available to third parties, modify in any way whatsoever any part of the Content of the e-shop website. The BUYER may not transfer, sell, distribute any material created by reproducing (copying), modifying or publishing such content without the express and unambiguous consent of gamateh.com. BUYER may copy and transfer content for personal and non-commercial purposes only. The concluded distance contract between the SELLER and the BUYER cannot be considered as permission from gamateh.com to use, publish, modify information from the e-shop. In the event of the BUYER's need to use information from the gamateh.com website for presentation purposes, viewing and discussing technical documentation, etc., the BUYER shall, in writing, request permission from gamateh.com through the established channels of communication.

ORDER 

29. Orders in the e-shop are made freely, without mandatory registration. Goods are added to a virtual shopping cart by navigating the steps in the e-shop. To complete the purchase, the order must be shipped.  Within the next working day, our employee will contact you by phone for confirmation by the BUYER of his will to purchase and any specific additional conditions conditioned by the type of goods the mode of transport.
30. By submitting the order, the BUYER authorizes the SELLER to contact him at the telephone number and e-mail left by the BUYER in the order form in the store.
31. The items added to the shopping cart are possible within the size of the items displayed in the online store. For quantities larger than those indicated, the BUYER may negotiate with the SELLER via the contact forms indicated.
32. The SELLER is entitled not to confirm the fulfilment of the order placed by the BUYER, and must inform the BUYER thereof. Cancellation of an order shall not carry any burdens or subsequent obligations for both parties. No compensation shall be due for a cancelled order.
33. In the event of the SELLER's inability to fulfil an order paid in advance by the BUYER, the SELLER shall promptly inform the BUYER thereof and refund the amount paid by the BUYER to the account specified by the BUYER in the most expeditious manner (not later than 7 days).
34. The BUYER shall not be entitled to withdraw from the concluded distance Contract and return the goods within the meaning of the law.

PRIVACY POLICY

35. By confirming the order, the BUYER agrees that by providing any personal or other data to the SELLER that it may be used by the SELLER for lawful purposes. The SELLER does not require the BUYER's express consent to use (forming bills of lading, documents, etc.) the BUYER's personal data and contacts.
36. By providing SELLER's personal data (including e-mail), BUYER consents to be contacted by gamateh.com or third parties who are partners of the e-shop. Opting out of the use of e-mail or physical mail for such purposes should be made explicitly by the BUYER.
37. The BUYER is responsible for maintaining the confidentiality of their password and account and are solely responsible for all actions performed through their account or password.
38. The gamateh.com e-store newsletters contain news and information about trade discounts and other promotions.
39. By registering in the gamateh.com e-shop, the BUYER agrees to be included in the mail messaging program to receive up-to-date information about new products, promotions, etc.

INVOICING 

40. he prices of the Goods advertised in the e-shop are final and are not subject to VAT and all other taxes and charges provided for in the applicable legislation, unless expressly stated.
41. 2.     The price, method of payment and payment term for invoices are set out in each Order.
42. The invoice shall be issued on the basis of the information provided by the BUYER and the SELLER shall not be liable for any errors due to incorrect information provided by the BUYER.

PAYMENTS OPTIONS

43. Payment on delivery: cash on delivery. The customer receives a fiscal document issued by the freight forwarder as a licensed postal operator within the meaning of the Postal Services Act. Retain the fiscal document, which replaces the receipt, as proof of payment.
44. Payment by credit/debit card through the DSK's VPS. Cards accepted: Visa and MasterCard debit, credit and business cards. Transactions are made through the MasterCard Identity check and VISA Secure security programs. In terms of security, the maximum amount for payment by card is BGN 6000. We do not store bank card details used for payment via the website. In the event that a refund is required for an amount paid by bank card, the amount will be refunded to the card account with which the payment was made.
45. Payment by bank transfer. When an order is made for the purchase of goods (by telephone request, mail or in the e-shop), the customer receives a "Proforma" form containing bank details as a payment invitation at the e-mail address provided by him. Once the amount is credited to our account, the ordered goods are shipped to the customer, via the previously specified freight forwarder.

DELIVERY

46. The Seller undertakes to deliver the ordered and purchased Goods by courier company or other forwarding agent in agreement with the BUYER. The delivery address shall be provided by the BUYER and shall be subject to the Buyer's wishes.
47. The Seller shall ensure the appropriate packaging of the Goods and the dispatch of the accompanying documents.
48. The details of delivery of the Goods including but not limited to those relating to the time of delivery shall not constitute a contractual obligation of the SELLER.
49. Liability up to the time of delivery from dispatch of the Goods until receipt shall be in accordance with the rules and policy of the relevant forwarding company.

WARRANTY

50. The SELLER offers all Goods on the Site with a guarantee of conformity of the Goods with the Contract in accordance with applicable law and the warranty policy of the respective manufacturer or official distributor of the Goods.
51. In respect of Goods sold and supplied by gamateh.com, the warranty certificates are issued by the manufacturer or are issued by gamateh.com. The warranty of the Goods are provided in the manner and at the locations which are indicated by the relevant warranty certificate of the Goods provided by the manufacturer.
52. Warranty cards issued by gamateh.com shall be sent to the BUYER in hard copy and with the product ordered.
53. In the event that the BUYER does not notify gamateh.com of the lack of a warranty card within forty-eight (48) hours of receipt of the Goods, to the email address: office@gamateh.com, it shall be deemed that one has been provided by the SELLER.

54. Ownership of the Goods shall pass upon their delivery to the BUYER, upon payment by the BUYER. The transfer of the Goods shall be evidenced by the BUYER's signature on the dispatch document provided by the courier.

OTHER PROVISIONS

55. The SELLER shall not be liable for any damages suffered by the BUYER or third parties as a result of force majeure or those beyond the SELLER's control.
56. 2.     In all other cases the SELLER's liability shall be limited to a maximum of the value of the Goods ordered and paid for.
57. 3.     The parties shall not be liable for failure to perform their contractual obligations if such failure is due to a force majeure event. A Force Majeure Event is an unforeseeable event beyond the control of the parties which cannot be avoided.
58. 4.     These General Terms and Conditions are subject to Bulgarian law. Any disputes arising between the SELLER and the BUYER shall be settled by amicable negotiations and by mutual agreement or, if this is not possible, the disputes shall be settled before the relevant Bulgarian courts and institutions.
59. The invalidity of any of the clauses in the General Terms and Conditions shall not invalidate the General Terms and Conditions in their entirety.