1 .GENERAL PROVISIONS.
1. These general terms and conditions govern the rights and obligations of the parties arising from the purchase contract concluded between the seller, which is
I. Basic data
Seller: Build Investing s.r.o., Mirka Nespora 40 / B, 080 01, Presov
Account number: IBAN: SK81 1100 0000 0026 2303 8223
entered in the register: Okresného súdu Prešov, section: Sro, vl. no .: vl.č.14667 / P
Contact details: tel: 0911 405 670 mail: firstname.lastname@example.org
(hereinafter referred to as the "seller")
buyer, the subject of which is the purchase and sale of goods on the seller's e-commerce website.
SOI Inspectorate for the Prešov Region
based in Prešov
Obrancov mieru 6, 080 01 Prešov 1 Supervision Department and Legal Department tel. no. 051/7721 597 fax. no. 051/7721 596
Address for making complaints, withdrawals from the contract, suggestions and grievances:
Build Investing s.r.o., Mirka Nespora 40 / B, 080 01, Presov 1
2. Subject of the contract
The subject of the contract are only items of goods explicitly stated in the purchase contract - order. The quantity, dimensions, properties, prices, and other data contained on the seller's website, catalogs, brochures and other printed matter are binding data.
The seller undertakes to supply the buyer with:
- goods without defects in accordance with the specification or with the characteristics usual for the type of goods in question,
- goods complying with standards, regulations and ordinances valid in the territory of the Slovak Republic and the EU,
- goods equipped with Slovak instructions for operation, use, safety warnings, warranty cards and lists of post-warranty repair shops, if this is usual for the given type of goods.
The parties agree that by sending the order to the seller, the buyer confirms that he agrees that these general terms and conditions and their terms and conditions will apply to all purchase contracts concluded on any e-commerce website operated by the seller, under which the seller delivers the goods presented on the website in question to the buyer (hereinafter referred to as the "purchase contract") and to all relations between the seller and the buyer, arising in particular when concluding the purchase contract and claiming the goods.
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 goods, even before the expiration of the period for withdrawal from the contract.
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 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 receipt of the goods.
The seller will exercise the right to compensation mainly in the case of purchase of goods "to order", which had to be procured at the request of the buyer or if in connection with the securing of goods has already been incurred demonstrable costs. The cancellation fee can be up to the cost of the goods.
Order cancellation by the seller:
The seller reserves the right to cancel the order or part thereof in the following cases:
- the order could not be confirmed in a binding manner (incorrect telephone number, unavailable buyer, buyer does not reply to e-mails, etc.),
- the goods are no longer produced or delivered. In the event that this situation occurs, the seller will immediately and immediately contact the buyer to agree on further action. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address within 14 calendar 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 purchase agreement in which they agree on conditions deviating from the general terms and conditions, the provisions of the purchase agreement will take precedence over the general terms and conditions.
4. METHOD OF CONCLUDING A PURCHASE AGREEMENT
1. The Purchase Agreement is concluded by the binding acceptance of the proposal for the conclusion of the Purchase Agreement by the Seller in the form of an e ‐ mail message from the Buyer sent to the Seller or in the form of the Buyer 's completed form on the Seller' s website or .
2. Binding acceptance of the buyer's order by the seller is a telephone or email confirmation or confirmation via a private message to the buyer of the acceptance of the order after the previous acceptance of the order by the buyer marked as "order confirmation".
3. Binding acceptance of the order contains information on the name and specification of the goods whose sale is the subject of the purchase contract, information on the price of goods and / or other services, name and information on the place where the goods are to be delivered and information on price, conditions, method and the date of transport of the goods to the agreed place of delivery of the goods for the buyer, or other information.
5. RIGHTS AND OBLIGATIONS OF THE SELLER
1. The seller is obliged to:
a. deliver the goods to the buyer on the basis of the order confirmed by the seller in the agreed quantity, quality and time and pack it or equip it for transport in the manner necessary for its preservation and protection,
b. ensure that the delivered goods meet the obligations set out in the valid legal regulations of the Slovak Republic,
c. hand over to the buyer at the latest together with the product in written or electronic form all documents necessary for taking over and using the goods and other documents prescribed by applicable laws (data on product properties, instructions for installation, operation, use, maintenance, safety notices in Slovak, form to withdraw from the contract, warranty card / if required by the consumer, or if the seller provides a longer warranty period than the statutory warranty period / proof of purchase of the product).
2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
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 distance contract or a contract concluded outside the seller's premises) from taking over the goods or concluding a contract for the provision of services. Withdrawal of the consumer from the contract terminates the contract from the beginning.
2. The consumer shall return the goods to the seller within fourteen days from the date of withdrawal from the contract, regardless of whether the goods have been used or are defective. The cost of returning the goods is borne by the consumer.
a. takes over the purchased or ordered goods,
b. pay the seller the agreed purchase price within the agreed due date, including the cost of delivery of goods,
c. confirm the receipt of the goods by his signature or by the signature of the person authorized by him.
4. The consumer has the right to deliver the goods in the quantity, quality, date and place agreed by the parties in the binding acceptance of the order.
7. DELIVERY CONDITIONS
1. Methods of delivery of goods
Delivery of goods is possible in the following way:
- By Slovak post
- delivery by courier
2. Price and payment.
When ordering the product and delivery.
postage + packing together
Slovak post, at the price of the product (s) up to 29.99 Eur, including: max. 4.50 euros, for prices over 30.00 euros, postage is free.
By courier, at the price of the product (s) up to 29.99 euros, including: max. 6.00 Eur, for prices over 30.00 Eur, postage is free.
The price of delivery of goods is valid within the territory of the Slovak Republic. When sending goods abroad, transport costs are calculated individually on the basis of a contract on the price of transport outside the territory of the Slovak Republic.
The buyer is obliged to pay the seller the purchase price of the goods agreed in the purchase contract at the time of concluding the purchase contract, including the cost of delivery of goods (hereinafter "purchase price") according to Act No. 18/1996 Coll. as amended in the form of:
- in cash, directly to the courier, courier
- payment card to courier, delivery man
cashless transfer to the seller's account
payment card in the e-shop when creating the order
3. If the buyer pays the seller the purchase price by non-cash transfer, the day of payment is considered the day when the entire purchase price was credited to the seller's account IBAN: SK81 1100 0000 0026 2303 8223, VS: order number.
4. The buyer is obliged to pay the seller the purchase price for the agreed goods within the period specified in the purchase contract, but no later than upon receipt of the goods.
5. If the buyer pays the seller the purchase price for the goods agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand a refund of the purchase price only in accordance with applicable legislation of the Slovak Republic.
6. In the event that the buyer withdraws from the purchase contract after handing over the goods to a third party for the transport of goods, the seller is entitled to reimbursement of costs from the buyer for the order and transport of goods.
7. In the event that the buyer does not pay the seller the full purchase price upon receipt of the goods, the parties agree that the seller is entitled to withdraw from the purchase contract and demand compensation from the buyer for the costs of ordering and delivery of unpaid goods.
8. The costs associated with the delivery are not included in the purchase price of the goods and the seller is not obliged to provide these services to the buyer.
9. The prices of goods listed on the seller's website are valid at the time of ordering the goods. The prices listed in the seller's printed price list are valid until a new price list is issued.
10. The purchase price will be considered paid by crediting the full purchase price to the seller's account, in the case of payment by transfer to the seller's account, or by paying cash to the courier.
11. The seller reserves the right of ownership of the goods until full payment of the purchase price.
12. The proof of purchase issued on the basis of the purchase contract between the seller and the buyer is at the same time a tax document.
13. Acceptance of the goods by the buyer is in principle only possible after full payment, unless otherwise agreed.
14. The price of the transport of goods is added to the price of the goods, as stated in point 7.2 above.
15. The goods are sold according to the issued samples, catalogs, type sheets and sample books of the seller placed on the website of the seller's e-shop.
16. Unless the seller and the consumer agree otherwise, the seller is obliged to fulfill the consumer's order within 30 days of its delivery.
17. The buyer will take over the goods at the place specified in the acceptance of the buyer's order by the seller.
18. The quantity, dimensions and other data on the properties of the goods contained in the catalogs, brochures and other documents of the seller placed on the website of the seller's e-shop are binding data.
19. The place of delivery of goods is the place specified in the acceptance of the order by the seller, unless the parties agree otherwise in the purchase contract.
20. If the seller transports the goods to the buyer to the place specified in the purchase contract by the buyer, the buyer will take over the goods in person or ensure that the goods are taken over by a person authorized in case of absence to take over the goods specified in the purchase contract and sign the delivery protocol; delivery of goods. The third party authorized to take over the goods specified in the purchase contract is obliged to submit to the seller the original or a copy of the purchase contract and proof of payment for the goods and a written power of attorney. If it is necessary to repeat the delivery of goods due to the absence of the buyer at the place specified in the purchase contract, all costs incurred shall be borne by the buyer, in particular the repeated delivery of goods to the destination in the purchase contract. The goods are considered delivered at the time of delivery of the goods to the address specified in the binding acceptance of the order and taken over at the time of physical acceptance of the goods by the buyer, respectively. his authorized representative or by refusing to accept the goods, which the carrier shall indicate in the protocol on the delivery and handover of the goods.
21. We recommend the buyer to check the shipment, ie the goods and their packaging immediately after delivery. In the event that the buyer finds that the goods or packaging of the goods are mechanically damaged, he shall notify the carrier of this fact and check the condition of the goods in his presence. The transport of goods is provided by the seller. In the event that damaged goods are delivered, the buyer will file a complaint with the seller or. withdrawal from the contract with the buyer.
23. If the seller does not fulfill the contract because he cannot deliver the ordered goods or provide the service, he is obliged to immediately inform the consumer and return the price paid for the goods or advance within 14 days, unless the seller and the consumer agree on a replacement. If the seller and the consumer do not agree on a replacement performance, the seller is obliged to reimburse all proven costs incurred by the consumer to order goods or services. In the case of a substitute performance, the seller is obliged to deliver the goods or provide the consumer with the same quality and price.
8. ACQUISITION OF OWNERSHIP
The buyer acquires ownership of the goods by paying the full purchase price for the goods.
Copyright is governed by Act no. 121/2000 Coll. on copyright.
10. PERSONAL AND PAYMENT DATA AND THEIR PROTECTION
1. The contracting parties have agreed that the buyer, if he is a natural person, is obliged to notify the seller of his name and surname, address of permanent residence, including postal code, telephone number and email address.
2. The contracting parties have agreed that the buyer, if he is a legal entity, is obliged to notify the seller of his business name, registered office address, including postal code, ID number, VAT number, VAT number, telephone number and email address.
3. The Buyer declares that he agrees in accordance with Art. § 7 par. 1 of Act no. 122/2013 Coll. on the protection of personal data, as amended, for the seller to process and store his personal data, in particular those listed above and / or which are necessary for the activities of the seller and process them in all its information systems. The seller undertakes to handle and dispose of the buyer's personal data in accordance with the valid legal regulations of the Slovak Republic. The buyer grants the seller this consent for an indefinite period. The buyer may revoke the consent to the processing of personal data at any time in writing.
4. The seller does not come into contact with information about payment cards or information about login names or passwords or codes entered by the buyer when paying for goods. Payment gateway operators are fully responsible for the protection of this data.
11. WITHDRAWAL FROM THE PURCHASE AGREEMENT
1. The buyer is entitled to withdraw from the purchase contract within 14 days of receipt of the goods without giving a reason in accordance with Art. § 7 par. 1 of 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 premises of the seller and on the amendment of certain laws.
The seller is obliged to take over the goods and return to the consumer no later than 14 days from the date of delivery of the withdrawal from the contract the price paid for the goods, including costs incurred by the consumer in order to order goods or services. The cost of returning the goods is borne by the consumer.
The consumer may not withdraw from a contract which has as its object:
(a) the provision of a service, where it has been provided with the consumer's express consent and the consumer has stated that he has been duly informed that, by giving his consent, he loses the right to withdraw from the contract after full provision of the service;
b) the sale of goods or the provision of services, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the period for withdrawal from the contract,
c) the sale of goods made to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,
d) sale of goods subject to rapid deterioration or deterioration,
e) sale of goods enclosed in protective packaging, which is not suitable for return due to health protection or hygienic reasons and whose protective packaging was broken after delivery, Page 8 Collection of Laws of the Slovak Republic 102/2014 Coll.
f) sale of goods which, due to their nature, may, after delivery, be inseparably mixed with other goods,
g) the sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, their delivery being possible after 30 days at the earliest and their price depending on market price movements over which the seller cannot influence,
(h) the performance of urgent repairs or maintenance explicitly requested by the consumer from the seller; this does not apply to service contracts and contracts having as their object the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not pre-order these services or goods,
(i) the sale of phonograms, video recordings, phonograms, books or computer software sold in protective packaging, if the consumer has unpacked that packaging,
j) the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
k) provision of accommodation services for purposes other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed time,
(l) the supply of electronic content other than on a tangible medium, where such provision has begun with the express consent of the consumer and the consumer has stated that he has been duly informed that, by expressing that consent, he loses the right of withdrawal.
2. Withdrawal from the contract shall be made by the buyer in writing. Until the withdrawal from the purchase contract according to the previous point of these general terms and conditions, the buyer shall state the buyer's identification, order number and date, exact specification of goods, how the seller should return the already received performance, especially account number and / or postal address.
Simultaneously with the withdrawal from the purchase contract, he is obliged to present / send / to the seller the goods together with the accessories, including documentation, instructions, warranty card, original proof of payment.
In the event that the buyer withdraws from the contract and presents / sends / to the seller the goods could be used appropriately, the packaging is in harmless and is not damaged or incomplete, the seller will return to the buyer the purchase price already paid for the goods specified in the binding acceptance of the order or within 14 days from the date of taking over the withdrawal from the purchase contract and delivery of the goods to the seller by cashless transfer to the buyer's account designated by the buyer.
3. Upon valid withdrawal from the contract, the seller will return the purchase price to the buyer, including costs incurred by the buyer in connection with ordering and delivery of goods, if the buyer submits to the seller written documents on the costs incurred by the buyer in ordering the goods. Goods fully complying with the quality requirements are considered to be goods with the same or similar characteristics as stated in the offer of goods on the seller's website.
4. The costs incurred by the buyer in connection with the order of goods are considered to be the costs of making the order, in particular the price for making a phone call by which the buyer made a proposal to conclude a purchase contract or the price for connecting the buyer to the seller's website. and sent the form for ordering goods on the website or wrote and sent an e-mail with the order of goods, the cost of delivery of goods.
The buyer is obliged to maintain the confidentiality of all information made available to him in connection with deliveries from the seller, which he may consider in view of the circumstances clearly a trade or company secret and which should be kept confidential, except for information known from public resources.
13. FINAL PROVISIONS
1. The seller reserves the right to change these general terms and conditions. The obligation to notify the change in writing in these general terms and conditions is fulfilled by placing it on the seller's e-commerce website.
2. Where the purchase contract is concluded in writing, any amendment thereto must be in writing.
3. The Parties agree that communication between them will take the form of e ‐ mail messages.
4. Relationships not covered by these general terms and conditions shall be subject to the relevant provisions of the following laws and regulations:
a. 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 premises of the seller and on the amendment of certain laws
b. Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. (as amended),
c. Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses (as amended),
d. Act no. 40/1964 Coll. Civil Code (as amended).
5. These general terms and conditions take effect against the buyer by concluding a purchase contract.
6. By sending the order, the buyer confirms that he has read these general terms and conditions and agrees with them in full.
7. If the consumer withdraws from the contract, he will bear the costs of returning the goods to the seller under § 10 para. 3 of the Act, and if he withdraws from the contract concluded at a distance, also the costs of returning the goods, which due to their nature cannot be returned by post,
8. The consumer 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 giving the seller explicit consent under § 4 para. 6, of the Act
9. The seller complies with the code of conduct and the consumer can familiarize themselves with them by e-mail request from the seller.
10. Duration of the contract during the validity of the warranty period, the conditions for termination of the contract are set out above.
11. Any settlement of a dispute may be settled out of court by mutual agreement.
POUČENIE O UPLATNENÍ PRÁVA SPOTREBITEďA NA ODSTÚPENIE OD ZMLUVY
1. Right of withdrawal.
You have the right to withdraw from this contract without giving a reason within 14 days. The period for withdrawal from the contract expires after 14 days from the date of receipt of the product. When exercising the right to withdraw from the contract, inform us of your decision to withdraw from this contract by a clear statement (for example, by letter sent by post, fax or e-mail) at: email@example.com
For this purpose, you can use the sample form for withdrawal from the contract, which can be found at: DeepBrown s.r.o., Mirka Nešpora 4888/18, 080 01, Prešov. The withdrawal period is maintained if you send a notice of exercise of the right of withdrawal before the withdrawal period expires.
2. Consequences of withdrawal.
After withdrawal from the contract, we will refund all payments you have made in connection with the conclusion of the contract, in particular the purchase price, including the cost of delivery of goods to you. This does not apply to additional costs if you have chosen a delivery method other than the cheapest standard delivery method we offer. Payments will be refunded to you without undue delay, no later than 14 days from the date we receive your notice of withdrawal from this contract. They will be paid in the same way as you used for your payment, unless you have explicitly agreed to another method of payment, without charging any additional fees. Payment for the purchased goods will be paid to you only after delivery of the returned goods back to our address.
3. If you use this option, we will immediately confirm your acceptance of the withdrawal from the contract on a durable medium (for example by e-mail).
4. Send the goods back to our address no later than 14 days from the date of exercising the right to withdraw from the contract. The period is considered to be observed if you return the goods before the expiry of the 14-day period. You are only responsible for any reduction in the value of the goods as a result of handling them in a manner other than what is necessary to determine the nature, properties and functionality of the goods.
5. The information contained in this instruction forms an integral part of the distance or off-premises contract of the Seller and may only be changed with the express consent of both parties.
6. By sending the order and pressing the "Pay and complete the order" button, the consumer expressly confirms that he has been informed that the order includes the obligation to pay the price.
7. The seller shall immediately provide the consumer with a confirmation of the conclusion of the contract on a durable medium after the conclusion of the distance contract, at the latest together with the delivery of the goods. The confirmation contains: - all information specified in § 3 par. 1 of the Act, if the seller has not provided this information to the consumer on a durable medium before the conclusion of the contract concluded at a distance.
8. The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the period for withdrawal from the contract.
9. The consumer may exercise the right to withdraw from the contract pursuant to § 7 para. 1 of the Act at the seller in paper form or in the form of a record on another durable medium; if the contract has been concluded orally, any clearly worded statement by the consumer expressing his will to withdraw from the contract shall suffice to exercise the consumer's right of withdrawal. The consumer can use the withdrawal form provided to him by the seller.
10. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than the last day of the period under § 7 para. 1 of the Act.
11. The burden of proving the exercise of the right of withdrawal lies with the consumer.
Obligations of the seller in withdrawing from the contract
1. The seller shall, without undue delay and no later than 14 days from the date of receipt of the notice of withdrawal, return to the consumer all payments received from him under or in connection with the contract, including transport, delivery, postage and other costs. and fees; this does not affect the provision of § 8 par. 5th Act.
2. The seller shall be obliged to reimburse the consumer in accordance with paragraph 1 in the same way as the consumer used in his payment. This is without prejudice to the consumer's right to agree with the seller on another method of payment if no additional fees are charged to the consumer.
3. The seller shall not be obliged to reimburse the consumer for additional costs if the consumer has expressly 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 consumer and the costs of the cheapest standard delivery method offered by the seller.
4. If, under a contract concluded outside the seller's premises, the goods were delivered to the consumer's home at the time of conclusion of the contract and due to their nature it is not possible to send the goods back to the seller by post, the seller is obliged to pick up the goods at his own expense.
5. Upon withdrawal from the contract for the sale of goods, the seller shall not be obliged to reimburse the consumer for payment under paragraph 1 before the goods have been delivered to him or until the consumer proves that the goods have been returned to the seller unless the seller proposes to pick them up in person or through a person authorized by him.
Obligations and rights of the consumer in the event of withdrawal from the contract
1. The consumer is obliged to return the goods or hand them over to the seller or a person authorized by the seller to take over the goods 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 goods 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 goods were handed over for transport not later than the last day of the time limit.
2. The consumer shall be entitled to refuse to return the goods which he has acquired under the contract concluded during or in connection with the sale to the seller until the seller has reimbursed to the consumer the price paid or the advance on the goods or services.
3. Upon withdrawal from the contract, the consumer shall bear only the cost of returning the goods to the seller or to the person authorized by the seller to take over the goods. 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.
4. The consumer shall only be liable for any reduction in the value of the goods resulting from such treatment as is necessary to ascertain the characteristics and functionality of the goods. The consumer is not responsible for the reduction in the value of the goods 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.
Seller's contact details: delivery address: M. Nešpora 40 / B, Prešov 08001, e-mail address firstname.lastname@example.org, phone: +421 911 405 670
In Prešov on March 1, 2021