Terms and Conditions
of the company GUMOTEX Coating, s.r.o.
with its registered office in Břeclav, Mládežnická 3062/3a, Postal Code 690 02, The Czech Republic
Company ID: 074 17 659, Tax ID: CZ07417659
reg. in the Commercial Register maintained by the Regional Court in Brno, Section C, File No. 108070
(hereinafter also referred to as the “Seller”)
Contact: hello@gumotexboats.eu, or by phone +420 519 314 142
for the sale of products through the online store available at www.gumotexboats.eu/en.
1. General Provisions
These Terms and Conditions govern the mutual rights and obligations of the contracting parties arising in connection with or pursuant to a sales contract concluded between the seller and the consumer, i.e., a person who, when concluding and performing the sales contract, is not acting in the course of their business activities or in the independent exercise of their profession (hereinafter also referred to as the “buyer”), through the seller’s online store.
These Terms and Conditions also include the Complaint Policy and the Privacy Policy.
By placing a binding order (e.g., by clicking the button to complete the order), the buyer confirms that they accept these Terms and Conditions, and the relationship between the buyer and the seller is thereafter governed by these Terms and Conditions.
The consumer’s habitual residence is decisive for determining the applicability of specific national provisions under these Terms and Conditions. If the consumer’s habitual residence is not known to the seller at the time the contract is concluded, or unless the circumstances indicate otherwise, the seller shall, for the purposes of these Terms and Conditions, rely on the delivery address specified in the order. This does not affect the consumer’s rights arising from mandatory legal provisions of the country of their actual habitual residence.
Our e-shop is an e-commerce service provided to consumers. We strive to ensure that it is accessible in accordance with legal accessibility requirements. Accessibility applies primarily to the online store’s web interface, product search and filtering, product details, shopping cart and checkout process, shipping and payment options, customer accounts, and related customer communication. When designing and modifying the online store, we apply the principles of perceivability, operability, understandability, and stability. We continuously monitor and remove any barriers we identify. If you encounter an accessibility barrier, please email us at hello@gumotexboats.eu or call +420 519 314 142 and describe the page/feature and the issue. We will ensure the issue is resolved or provide information/solutions through alternative means.
2. Ordering Products
We offer you the opportunity to shop from the comfort of your own home, where you can shop 24/7 through the seller’s online store. You can place orders easily and conveniently using the shopping cart. For your online order to be valid, you must fill out all the required information and details listed on the order form.
Before submitting the order, the buyer is given the opportunity to review and modify the information entered in the order form, including the ability to identify and correct any errors made when entering data into the order form. The buyer submits the order to the seller by clicking the “Order with Obligation to Pay” button.
Immediately upon receiving the order, the seller will confirm receipt of the order to the buyer via email, using the email address provided by the buyer in their user account or on the order form—this confirmation of receipt does not constitute acceptance of the offer, meaning that a sales contract is not thereby concluded.
An order constitutes a proposal for a sales contract. The conclusion of a sales contract requires the seller’s formal acceptance of the order. The contractual relationship between the seller and the buyer is established upon delivery of the order acceptance to the buyer. The seller sends the acceptance of the order to the buyer via email to the email address provided by the buyer in the order form. These Terms and Conditions (including their components, i.e., the Complaint Policy and the Privacy Policy) are also attached to the acceptance of the order. Subsequent changes to the order are then possible only by mutual agreement, or under the conditions set forth by applicable laws or these Terms and Conditions.
Any deviating provisions in the sales contract shall take precedence over the provisions of these Terms and Conditions. When registering on the website and placing an order, the buyer is required to provide accurate and truthful information. The buyer is required to update the information in their user account whenever any changes occur. The information provided in the order will be deemed accurate by the seller.
All product descriptions displayed on the store’s website are for informational purposes only, and the seller is under no obligation to enter into a sales contract regarding these products.
We do everything we can to prevent downtime on the seller’s online store, but in rare cases, downtime may still occur. Therefore, in the event of downtime or force majeure, we are not liable for any failure to maintain the online store’s operating hours.
In exceptional cases, you may also place a product order via email. In such cases, the contract is concluded upon delivery of the order confirmation to the email address from which we received your order.
3. Cancellation of an order by the buyer
The buyer may cancel their order at any time before it is accepted by the seller, i.e., before the sales contract is concluded. The order shall be canceled in writing, preferably via the seller’s email address (see the header of these Terms and Conditions).
4. Terms of Payment
The purchase price is set based on the seller’s standard price lists as final and inclusive of all taxes and fees. Unless expressly and clearly stated otherwise, the purchase price is listed in Czech currency (CZK). The purchase price of the product does not include shipping costs or, if applicable, cash-on-delivery charges, which will be displayed only in the final stage of the shopping cart based on your selection. The purchase price information provided by the seller is binding, except in case of an obvious error.
In addition to the purchase price, the buyer is also required to pay the seller the costs associated with packaging and shipping the product in the agreed amount (see “Shipping and Delivery Terms” below). Unless expressly stated otherwise, the purchase price referred to in this Section 4 includes the costs associated with the delivery of the product.
The seller does not typically require the buyer to make a deposit or any other similar payment. In exceptional cases – for example, if an order has previously gone unclaimed – the seller is entitled to require payment of the full purchase price before shipping the product to the buyer.
Whether paying in cash or by cash on delivery, the purchase price is due no later than upon receipt of the product.
The seller will issue a tax invoice to the buyer for payments made under the sales contract. The seller is a registered VAT payer. The seller will issue the tax invoice to the buyer after the purchase price has been paid and will send it in paper form, together with the purchased products, to the buyer’s address. In the case of cash-on-delivery payments, the seller will issue the tax document in advance.
The buyer acquires ownership of the product upon payment of the full purchase price. Until the purchase price has been paid in full, the product remains the property of the seller (known as retention of title).
In our online store, we offer the following payment options:
a) Cash on delivery
You can pay for the product in cash or by card upon delivery.
b) Credit/Debit card – express online payment
You will pay for the product through the payment gateway on the online store.
c) Cash
Cash payments are accepted only at the GUMOTEX company store when picking up products in person. The store also accepts card payments.
The cost of remote communication services is the same as the standard rate.
5. Shipping and Delivery Terms for Products
The estimated delivery date, available shipping methods, and their prices vary by country of delivery and are always displayed to the buyer during the ordering process (in the shopping cart) before the order is submitted. Unless otherwise expressly agreed between the seller and the buyer, the seller shall deliver the product to the buyer without undue delay, but no later than 30 days after the conclusion of the sales contract. For the Czech Republic, the delivery time is generally within 3 business days of the conclusion of the sales contract, unless otherwise specified during the ordering process.
Along with the product, the seller will also provide you with other documents related to the product.
The buyer selects the available shipping methods when placing an order. If a shipping method is agreed upon based on a specific request by the buyer, the buyer bears the risk and any additional costs associated with that shipping method.
If, under the sales contract, the seller is obligated to deliver the product to the location specified by the buyer in the order (i.e., via a carrier), the seller shall hand over the product to the selected carrier, who will deliver it to the buyer, and the buyer is obligated to accept the product upon delivery. Until the moment the product is handed over, or until the moment of an unjustified refusal to accept the product, the risk of damage to the product shall be borne by the seller.
If, for reasons attributable to the buyer, the product must be delivered repeatedly or by a method other than that specified in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the product or the costs associated with the alternative delivery method.
Upon receipt of the product from the carrier, the buyer shall check that the packaging is intact and undamaged and, in the event of any defects, notify the carrier immediately. The buyer shall inspect the product immediately upon receipt. If mechanical damage to the product packaging is detected, the buyer shall check the condition of the product and, in the event of damage, sign a “damage report” in the presence of the carrier. Once the claim is settled, the buyer will be provided with a new product or a refund of the purchase price paid. By signing the carrier’s waybill, the buyer confirms that the product was received undamaged and in good condition with respect to obvious defects. This does not in any way affect the statutory rights of the buyer – the consumer.
If the packaging shows signs of tampering indicating unauthorized access to the shipment, the buyer is not required to accept the shipment from the carrier.
In the event of force majeure or an outage of the seller’s online store, the seller shall not be liable for any delay in the delivery of products.
The shipping methods typically available (the available options are displayed during the ordering process) include, in particular:
a) DHL, UPS, WEDO
The carrier will deliver your product on the next business day after it is picked up for shipment. You will be notified of the estimated delivery time, but please note that this may change, in which case you will also be notified.
Shipping cost: 19 EUR (including VAT) or 39 EUR (incl. VAT) for oversized shipments; for cash-on-delivery, add 1,20 EUR (including VAT).
Delivery is free for purchases over 490 EUR (including VAT).
b) Pickup
As soon as the product is ready, we will notify you by email that you can pick it up at the GUMOTEX company store:
GUMOTEX Coating, s.r.o.
company store
Mládežnická 3062/3a
690 02 BŘECLAV
The Czech Republic
The current opening hours for in-person pickups are always listed on the website gumotexboats.eu/contact/
We will hold products ordered for pickup at the company store for 5 business days, unless otherwise agreed upon with the buyer. Unpaid products will then be returned to stock.
6. Withdrawal from the Contract
A buyer who is a consumer has the right to withdraw from the sales contract, even without giving a reason, within fourteen (14) days of receiving the product; if the sales contract covers multiple types of products or the delivery of multiple parts, this period begins on the day the last delivery of the product is received. Notice of withdrawal from the sales contract must be sent to the seller within the period specified in the preceding sentence; this period is intended to allow the buyer to familiarize themselves with the nature, characteristics, and functionality of the product.
The buyer may withdraw from the sales contract:
a) in person at the GUMOTEX company store (see above);
b) in writing, by sending a notice of withdrawal to the address of the GUMOTEX company store, complaints department, and/or to the address of the seller’s registered office (see above);
c) in writing in electronic form by sending the notice of withdrawal to the seller’s data box or to the seller’s email address (see the header of these Terms and Conditions); and/or
The buyer acknowledges that it is not possible, among other things, to withdraw from a sales contract for the delivery of products manufactured according to the buyer’s specifications or customized to the buyer’s personal needs, from a sales contract for the delivery of perishable products, as well as products that, due to their nature, have been irrevocably mixed with other products after delivery, from a sales contract for the delivery of products in sealed packaging that the buyer has removed from the packaging and cannot be returned for hygienic reasons, and from a sales contract for the delivery of audio or video recordings or computer programs if the buyer has broken their original packaging.
If the buyer withdraws from the sales contract, the buyer shall bear the costs associated with returning the product to the seller, even if the product cannot be returned by regular mail due to its nature. The product shall be returned to the seller within fourteen (14) days of the seller’s receipt of the notice of withdrawal.
The product shall be returned in its entirety and should not show any signs of wear or damage. The buyer is liable to the seller for any reduction in the value of the product resulting from handling the product in a manner other than that necessary to ascertain its nature, characteristics, and functionality.
If the withdrawal from the sales contract is valid, the sales contract is rescinded as of its conclusion. The seller shall refund the payment received from the buyer within fourteen (14) days of receiving the notice of withdrawal from the sales contract, using the same method by which the seller originally received the payment from the buyer. If the seller offers multiple delivery methods, the seller shall refund the buyer using the least expensive delivery method. The seller is also entitled to refund the payment made by the buyer upon the buyer’s return of the product or by other means, provided that the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the sales contract, the seller is not obligated to refund the payment received to the buyer until the buyer returns the product to the seller or provides proof that the product has been shipped to the seller.
The seller is entitled to unilaterally set off the claim for compensation for damage to the product against the buyer’s claim for a refund of the purchase price.
The seller is entitled to rescind the sales contract in the event of a clearly incorrect price of the product, up until the time the buyer takes delivery of the product. In such a case, the seller shall refund the purchase price to the buyer without undue delay, via bank transfer to the account designated by the buyer.
If a gift is provided to the buyer along with the product, the gift agreement between the seller and the buyer is concluded subject to the condition precedent that, in the event of withdrawal from the sales contract, the gift agreement regarding such gift shall cease to be effective, and the buyer shall return the gift to the seller along with the product.
The consumer may withdraw from the contract by making any unambiguous statement to the seller. A sample withdrawal form is available HERE.
7. Additional Obligations and Rights of the Contracting Parties
The seller is not bound by any codes of conduct in relation to the buyer.
In the case of delivery of products to the Czech Republic, the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Gorazdova 1969/24, 120 00 Praha 2, IČO: 000 20 869, e-mail: adr@coi.gov.cz, web: https://coi.gov.cz/en/information-about-adr/, is responsible for the out-of-court resolution of consumer disputes arising from the sales contract.
Out-of-court settlement of a consumer dispute may be initiated solely at the buyer’s request, and only if the dispute cannot be resolved directly with the seller. The buyer may file such a request no later than one year from the date on which the buyer first asserted the right that is the subject of the dispute with the seller.
In the event of delivery of products to countries other than those mentioned above in this article, the seller states that it is not generally obligated to participate in proceedings for the out-of-court resolution of consumer disputes before a consumer conciliation body or an alternative dispute resolution body. However, the seller and the buyer may agree otherwise should a dispute arise.
The seller is authorized to sell products pursuant to a trade license. Trade inspections are conducted by the competent trade licensing office within its jurisdiction. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
8. Final Provisions
The relationship established by this sales contract, as well as any other relationships between the seller and the buyer arising from this sales contract, shall be governed by Czech law. This shall not affect the consumer’s rights under the generally applicable laws of the consumer’s country of habitual residence. The United Nations Convention on Contracts for the International Sale of Products (CISG) shall not apply.
The sales contract is concluded in the language selected during the ordering process and valid at the time the order is completed; otherwise, it is concluded in Czech.
The courts designated by generally applicable laws have jurisdiction over the resolution of disputes.
If any provision of the Terms and Conditions is or becomes invalid or unenforceable, it shall be replaced by a provision that most closely approximates the intent of the invalid provision. The invalidity or unenforceability of any one provision shall not affect the validity or enforceability of the remaining provisions.
The sales contract, including the Terms and Conditions, is archived by the seller in electronic form for a period of at least three years from the date of its conclusion, but no longer than the period specified by applicable laws, for the purpose of its successful fulfillment, and is not accessible to third parties. The seller shall provide the buyer with access to the sales contract in justified cases. Information regarding the individual technical steps leading to the conclusion of the sales contract is evident from the Terms and Conditions, where this process is clearly described.
These Terms and Conditions are effective as of March 28, 2026, supersede any previous Terms and Conditions, and are available at the seller’s headquarters, at the GUMOTEX company store, and electronically on the seller’s online store: Terms and Conditions gumotexboats.eu.
