TERMS AND CONDITIONS
1. GENERAL PROVISIONS
1. These general terms and conditions regulate the rights and obligations of the contracting parties resulting from the purchase contract concluded between:
I. Basic data
The seller: Centrum, Maňa 16, 94145, Slovakia
ID: 41 455 452
Tax number: 1073911839
Account number: IBAN: SK82 8360 5207 0042 0014 0890
phone: +421 948 387 420,
(hereinafter referred to as the "seller")
The buyer - consumer, the subject of which is the purchase and sale of goods on the seller's e-commerce website.
SOI Inspectorate for the Bratislava Region
based in Bratislava
Prievozská 32, P. O. BOX no. 5, 820 07 Bratislava 27
Supervision Department and Legal Department
tel. no. 02/58 27 21 72, 02/58 27 21 04 fax. no. 02/58 27 21 70
Address for making complaints, withdrawals from the contract, suggestions and complaints:
2. SUBJECT OF THE CONTRACT
The subject of the contract are only the items of goods and services (hereafter referred to as products in various grammatical forms) explicitly stated in the purchase contract - order. The quantity, characteristic, prices of the products and other data contained on the seller's website are binding data.
The seller undertakes to deliver to the buyers:
- a product without defects in accordance with the specification or with the characteristics usual for the given species
- a product that complies with the standards and regulations in force in the Slovak Republic
The contracting parties have agreed that by sending the order to the seller, the buyer confirms that he agrees to these general terms and conditions and will apply them to all purchase contracts concluded on the e-commerce website operated by the seller. On the basis of these purchase contracts, the seller delivers to the buyer the products presented on the website (hereinafter referred to as the "purchase contract").
3. ORDER CANCELLATION
Cancellation of the order by the buyer:
The buyer has the right to cancel the order without giving a reason at any time before its binding confirmation, and the buyer has the right to withdraw from the contract, the subject of which is the delivery of the product, even before the start of the withdrawal period.
If the seller has provided the consumer in a timely and proper manner with information on the right to withdraw from the contract pursuant to § 3 para. 1 letter h), the consumer is entitled, even without giving a reason, to withdraw from the contract concluded at a distance or from the contract concluded outside the premises of the seller within 14 days from the date of receiving of the product.
The seller will exercise the right to compensation for damage mainly in the case of the purchase of a "custom product", which had to be provided at the request of the buyer or if the costs have already been incurred with provision of the product. The cancellation fee can be up to the purchase cost of the product.
Cancellation of the order by the seller:
The seller reserves the right to cancel the order or part of it in cases when the order could not be confirmed bindingly (e.g. incorrect phone number, unavailable buyer, buyer does not respond to messages, e-mails, etc.) or the service cannot be provided within 14 days.
The general terms and conditions are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written sales contract in which they agree on adjusted conditions from the general terms and conditions, the provisions of the purchase contract will take precedence over the general terms and conditions.
4. METHOD OF CONCLUSION OF THE PURCHASE CONTRACT
1. The purchase contract is concluded by the seller's binding acceptance of the buyer's proposal for the conclusion of the purchase contract in the form of a form filled out and sent by the buyer on the seller's website (hereinafter referred to as an order in various grammatical forms).
2. Binding acceptance of the buyer's order by the seller is a telephone or email confirmation or a confirmation via a private message by the seller to the buyer about the acceptance of the order after the previous acceptance of the order by the buyer marked as "order confirmation - payment received".
3. The binding acceptance of the order contains information on the name and specification of the product, the sale of which is the subject of the purchase contract, further information on the price of the product and/or other services, the name and data on the place where and how the product is to be delivered and data on the price, conditions, method and date of delivery of the product, or other information.
5. THE SELLER'S RIGHTS AND OBLIGATIONS
1. The seller is obliged to:
a) deliver, based on the order confirmed by the seller to the buyer, the product in the agreed quantity, quality and time (date)
b) ensure that the delivered product fulfills the obligations stipulated by the current legislation of the SR
c) hand over to the buyer, together with the product in written or electronic form, all the documents necessary for the possession and use of the product and other documents prescribed by applicable legal regulations
2. The seller has the right for duly and timely payment of the purchase price by the buyer for the delivered product.
6. BUYER'S RIGHTS AND OBLIGATIONS
1. The consumer is entitled to withdraw from the contract in writing within fourteen days without giving a reason (Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises ) from the day of receiving the product. Withdrawal from the contract by the consumer, the contract is canceled from the beginning.
a) take possession of the purchased or ordered product
b) shall pay the agreed purchase price to the seller within the agreed due date, including the costs of product delivery
3. The consumer has the right to deliver the product in the quantity, quality, date, in the manner and place agreed by the contracting parties in the binding acceptance of the order.
7. DELIVERY CONDITIONS
1. Product delivery methods: The product can be delivered in the following way:
- via a web application in the client's account
2. Prices and payments for the delivery of the product: - the product will be delivered to the buyer in the agreed amount, specified with the product. Delivery of the product is free of charge.
The buyer is obliged to pay the seller the purchase price of the product agreed in the purchase contract at the time of concluding the purchase contract, including the costs of delivery of the goods (hereinafter referred to as the "purchase price") according to Act No. 18/1996 Coll. as amended in the form:
- by non-cash transfer to the seller's bank account
- by credit/ debit cards via the seller's website (payment on the Internet)
- by Paypal service
3. In the event that the buyer pays the seller the purchase price by non-cash transfer, the day when the entire purchase price was credited to the seller's bank account is considered the day of payment:
IBAN: SK08 8360 5207 0042 0293 5531, VS: order nr.
4. The buyer is obliged to pay the seller the purchase price for the agreed product within the period according to the purchase contract, but no later than before the start of the service/product provision.
5. If the buyer pays the seller the purchase price for the product agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand the return of the purchase price only in accordance with the current Slovak legislation.
6. The Seller is entitled to withdraw from the contract if the Buyer is in delay with the payment of the purchase price and demand compensation from the buyer for the costs incurred for ordering and delivering the unpaid product.
7. The product prices listed on the seller's website are valid at the time of ordering
8. The purchase price will be considered paid by crediting the entire purchase price to the seller's account, in the case of payment by transfer to the seller's account, or by another payment option mentioned above.
9. The seller reserves the right of ownership to the product until the full payment of the purchase price.
10. The proof of purchase issued on the basis of the purchase contract between the seller and the buyer is also a tax document.
11. The product can be owned by the buyer only after full payment, unless otherwise agreed.
12. The cost of product transportation is added to the price of the product, as stated above in point 7.2.
13. The product is sold according to the buyer's requirements and the published offer, located on the seller's e-commerce website.
14. The seller is obliged to fulfill the consumer's order within 30 days of its delivery, unless otherwise agreed.
15. The buyer takes possession of the product in the way specified in the acceptance of the order.
16. The seller will deliver the product to the buyer on the client's account. The product is considered delivered at the moment when the product is activated on the client's account.
17. If the buyer discovers that the product has any defects, he will notify the seller of this fact as soon as possible and file the complaint about the product.
18. If the seller does not fulfill the contract due the fact he cannot deliver the ordered product or provide the service, he is obliged to inform the consumer immediately and return the price paid for the product or the advance payment within 14 days, if the seller and the consumer do not agree on alternative performance.
8. ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK OF DAMAGE TO THE GOODS
The buyer acquires the ownership right to the product only after full payment of the entire purchase price for the product.
Copyright is governed by the Copyright Act no. 185/2015 Coll. as amended.
10. WITHDRAWAL FROM THE CONTRACT
1. The buyer is entitled to withdraw from the purchase contract within 14 days of taking over the product without giving a reason in accordance with clause § 7 par. 1 of Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments to certain laws.
The seller is obliged to take over the product and return the price paid for the product to the consumer no later than 14 days from the date of delivery of the withdrawal from the contract, including the costs incurred by the consumer in connection with the order of goods or services. The costs of returning the product shall be borne by the consumer.
The consumer cannot withdraw from the contract, which is subject to:
a) contract for the provision of services, if the entrepreneur has performed the service fully with the explicit consent of the consumer who was informed before the service begins that after the entrepreneur has fulfilled the provision the consumer will lose the right to withdraw from the contract.
b) contract in which the price or salary depends on the fluctuations on the financial market
c) contract in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or a servant to satisfy his individual needs
d) contract in which the object of the service is an item that is a subject to rapid deterioration or has a short shelf life
e) contract in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging has been opened after delivery
f) contract in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things
g) contract in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale
h) contract in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance
i) contract in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging was opened after delivery
j) contract for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract
k) contract for the provision of accommodation services, other than for residential purposes, carriage of goods, car rental, catering, leisure services, entertainment, sports or cultural events, if the contract indicates the day or period of service
l) contract for the supply of digital content that is not recorded on a tangible medium
2. The buyer shall withdraw from the contract in writing. Before withdrawing from the purchase contract according to the preceding point of these general terms and conditions, the buyer must state the buyer's identification - the date of order/ delivery, Email associated with the client’s account, name of buyer, address of buyer, the exact product specification, the way in which the seller should return the payment already received, especially the account number and/or postal address.
With the withdrawing from the purchase contract, he is obliged to present/send/to the seller the product together with accessories, including documentation and the original proof of payment.
The buyer withdraws from the contract and presents/sends/to the seller a product that could have been reasonably used, the product is undamaged and complete in the packaging, the seller will return to the buyer the already paid purchase price within the deadline 14 days from the date of acceptance of withdrawal from the purchase contract and delivery of the product to the seller.
- The Buyer is obliged to unconditionally maintain the confidentiality of all information obtained in connection with the delivery of goods from the Seller, which is clearly deemed to be trade or corporate secrets with regard to the circumstances and which is supposed to be confidential, except for the information available in public sources.
12. FINAL PROVISION
1. The seller reserves the right to change these general terms and conditions.
The obligation to notify in writing of any changes to these Terms and Conditions is fulfilled by posting them on the website of the seller's e-commerce.
2. If the contract of sale is concluded in written form, any modification of the contract must be in writing.
3. The contracting parties have agreed that communication between them will take place in the form of e-mail messages.
4. The relevant provisions of the laws and regulations listed below apply to relationships not regulated by these general terms and conditions:
a) Act no. 102/2014 on Consumer Protection on the Sale of Goods or Provision of Services based on Distance Contracts and Off-Premises Contract as amended
b) Act no. 22/2004 Coll. on electronic commerce and on amendments to Act no. 128/2002 Coll. (as amended)
c) Act No. 301/2012 Coll., which amends Act No. 250/2007 Coll. on consumer protection and on the amendment of Act No. 372/1990 Coll. on offenses, as amended
d) Act no. 40/1964 Coll. Civil Code (as amended).
5. These general terms and conditions become effective against the buyer by concluding the purchase contract.
6. If the consumer withdraws from the contract, she bears the costs of returning the product to the seller according to § 10 par. 3, of the Act and, if he withdraws from the contract concluded at a distance, also the costs of returning the product, which due to its nature cannot be returned by post.
7. The buyer is obliged to pay the seller the price for the actually provided performance according to § 10 par. 5, of the Act, if the consumer withdraws from the contract for services after having given the seller express consent according to § 4 par. 6 of the Act.
8. The seller complies with the code of conduct.
9. Duration of the contract - during the validity of the warranty period, the conditions for terminating of contract are listed above.
10. Possible solutions to the arising dispute can also be resolved out of court by means of mutual agreement.
11. The ownership of the subject of the contract is not officially transferred to the buyer until all the payments mentioned in the contract have been made.
13. INSTRUCTION ON EXERCISE OF THE CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT
1. The right of withdrawal from the contract.
You have the right to withdraw from this contract within 14 days.
The withdrawal period will expire after 14 days from the day on which you acquire physical possession of the goods.
To exercise the right of withdrawal, you must inform us via one of the following contact channels of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached model withdrawal form, but it is not obligatory that can be found on the address:
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
2. Consequences of withdrawal from the contract
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
3. The deadline is met if you send back the goods before the period of 14 days has expired.
You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
4. The information provided in this instruction constitutes an integral part of both: distance contract and off-premises contract and may be changed only with the express agreement of the parties.
5. In the case of off-premises contracts, the Client is required to provide the consumer with the above information, recorded in writing or, if the consumer agrees, on another durable medium.
The confirmation includes: - all information listed in § 3 par. 1, of the Act, if the seller did not provide this information to the consumer on a durable medium before the conclusion of the contract concluded at a distance.
6. The buyer can withdraw from the contract, the subject of which is the delivery of the product, even before the expiry of the withdrawal period.
7. The withdrawal period is deemed to have been met if notification of withdrawal from the contract is sent to the seller before the end of the period according to § 7 par. 1 of the Act.
8. The buyer has the burden of proof that the right of withdrawal has been exercised.
Obligations of the seller in withdrawing from the contract
1. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract to return to the buyer all payments received from him under or in connection with the contract; this does not affect the provision of § 8 par. 5th Act.
2. The seller shall be obliged to reimburse the buyer in accordance with paragraph 1 in the same way as the consumer used in his payment. This does not affect the buyer's right to agree with the seller on another method of payment, if no additional fees will be charged to the buyer.
3. The seller is not obliged to reimburse the buyer for additional costs if the buyer has explicitly chosen a method of delivery other than the cheapest standard method of delivery offered by the seller.
Additional costs are the difference between the delivery costs chosen by the buyer and the costs of the cheapest standard delivery method offered by the seller.
4. In the event of withdrawal from the contract, the subject of which is the sale of the product, the seller shall not be obliged to return the payments to the buyer under paragraph 1 before the product is delivered to him or until the consumer proves to return the product to the seller.
Obligations and rights of the consumer in the event of withdrawal from the contract
1. The buyer is obliged to return the product or hand it over to the seller no later than 14 days from the date of withdrawal from the contract. This does not apply if the seller proposes to pick up the product in person or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to have been observed if the product was handed over for transport no later than the last day of the time limit.
2. Upon withdrawal from the contract, the buyer shall bear only the cost of returning the product to the seller or a person authorized by the seller to take over the product. This does not apply if the seller has agreed to bear them himself, or if he has not fulfilled the obligation under § 3 para. 1 letter i) of the Act.
3. The buyer shall only be liable for any reduction in the value of the product resulting from such handling of the product as is necessary to ascertain the characteristics and functionality of the product. The buyer is not responsible for reducing the value of the product if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract under § 3 para. 1 letter h) of the Act.
In Bratislava, on 28.01.2020