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The General Terms and Conditions of the E-Commerce
for distance contracts through an e-commerce system
Article I. - General Provisions and Definitions
1.1 Purchase of goods through the e-shop may be made by natural and legal persons without limitation, provided that they comply with these General Terms and Conditions.
1.2 The Seller and Operator (hereinafter
referred to as "Seller" or "Operator" both equal as to the
General Terms and Conditions) of the e-shop www.koolform.sk is Viera Kováčiková, Jaseňová 3217/19, 01007, Žilinaa, IČO:51669706, DIČ:1045931315, registered in the Trade Register of the District
Office of Žilina, Trade License Number: 580-62568.
1.3 The Visitor of the website is any person visiting the Operator´s website (hereinafter referred to as "Visitor").
1.4 The Buyer is any natural or legal person who has filled in and submitted an order through the Seller's website, received a notice of receipt of the order by e-mail and paid the purchase price.
1.5 If the Buyer is not a Consumer and a purchase of goods is therefore intended for business purposes, the contractual relations are governed by the provisions of Act no. 513/1991 Coll. of the Commercial Code, as amended.
1.6 The subject of the order (the "product") are all the goods and services available on the e-shop website.
Article II. - Price
2.1 All prices quoted for products are final. The Seller is not a VAT payer.
2.2 The price of products listed on the e-shop website is the price at the moment of ordering process.
2.3 The total price of the order is the total price of the ordered products, including the transport costs. The shipping price is based on the required quantity of goods, dimensions and total weight and the selected way of transport. The shipping cost will be calculated in the ordering process.
2.4 All discounted prices (special offers) are valid only until stock is sold out, unless specifically stated otherwise for a specific product. The Seller is obliged to notify the Buyer without delay if the discounted goods were sold out at the time of submitting the order and for this reason the goods cannot be delivered to the Buyer. The Buyer is entitled to withdraw from the contract upon notice of this fact.
Article III. - Order
3.1 The order is processed by selecting the goods by the Buyer, completing the order form and then confirming the ordering process in the e-shop. For the correct processing of the order, it is necessary to fill in the required data in the order and choose the transport and payment options for ordered goods or services. The Seller informs the Buyer about the delivery of the order via confirmation e-mail, which automatically generates the e-commerce system of the e-shop.
3.2 The Buyer agrees with the price of the ordered goods and services by submitting the order and therefore the order becomes binding for the Buyer.
3.3 Confirmation of the order by the Seller creates a purchase contract that can be changed, cancelled or supplemented only by mutual agreement between the Buyer and the Seller, unless otherwise provided by law or other legislation.
3.4 The Buyer is bound by submitting to pay the purchase price of the ordered goods.
3.5 The Buyer agrees with an invoice or advance invoice to be issued in electronic form, which will be sent to the Buyer‘s e-mail address, which he/she stated in the order.
Article IV. - Terms of Payment
4.1 You can pay for the ordered goods in the e-shop in the following ways:
· advance payment based on advance invoice - non-cash transfer to the Seller's account,
· COD via Slovak or Czech Post.
4.2 If the Buyer ordered goods marked "on order", goods made to special requirements or custom-made goods, and if the Buyer ordered a larger quantity of goods, the Seller reserves the right to require the Buyer to pay the advance invoice before delivery of goods. In this case, the Buyer will be prompted by the Seller to confirm the Seller's order to make this payment.
4.3 The Seller may offer a discount to the Buyer on the basis of loyalty points that are credited for each purchase made in the e-shop and which are attributed to the registered user for his customer account. More detailed conditions for applying loyalty points are provided on the Seller's website.
Article V. – Terms of Delivery
5.1 The Seller is obliged to send the goods to the Buyer within 30 days of the date of the purchase contract, unless otherwise agreed, or if the goods did not have a longer delivery time.
5.2 If goods are in stock, they are dispatched according to capacities in the shortest possible time.
5.3 If several goods and services are in the order and a part of them is not in stock at the time of the order, the Seller is obliged to inform the Buyer about it without delay, the Buyer may agree to the delivery of the partial deliveries or to cancel the order.
5.4 An invoice (tax document) is issued to the Buyer together with the goods.
5.5 The place of performance is the place where the goods are delivered (unless otherwise stated in the order).
5.6 If the Buyer ordered transport by postal couriers, the Seller shall ensure the transport via Slovak or Czech Post. The delivery date of the goods is governed by the terms of the Slovak Post (usually within 24 hours throughout Slovakia).
5.7 The Buyer is obliged to check the goods visually when accepting it.
5.8 If mechanical damage to the product packaging is found, the Buyer is obliged to make a record of damage in the presence of the carrier. The Buyer will either enter reservation about goods on the delivery slip or make a damage record with the carrier. On the basis of the completed record, the customer will be, upon conclusion of the damage event with the carrier, provided a new product with no defects or will receive a reasonable discount if the Buyer agrees with it under the terms of the claim.
5.9 The Buyer is entitled to withdraw from the contract in case of delivery of the damaged goods.
Article VI. - Warranty
6.1 The warranty conditions are governed by the provisions of Act No. 40/1964 Coll. of the Civil Code as amended. The basic warranty period for new merchandise is 24 months and begins to run on the date of taking delivery of goods by the customer. The warranty defects are excluded, which the Seller cannot influence (clauses 1.5, 1.6 and 1.7 of the Terms of Claim).
6.2 An extended warranty of more than 24 months is subject to special conditions. An extended warranty of 7 years applies only to stamping forms. The handles of a form are excluded from the warranty. Extended warranty includes a completely filled in warranty certificate of the goods. If there is no warranty certificate for the extended warranty product, a tax document on purchase of this product serves as a warranty certificate.
6.3 If the Buyer is not a Consumer (Article 1, clause 1.5), the warranty period for goods intended for business purposes is 12 months.
Article VII. - Transfer of Ownership
7.1 Ownership rights pass from the Seller to the Buyer until the moment of payment of the full price for the goods of the purchase contract.
7.2 Goods or services that are still subject to the Seller's ownership, the Seller reserves the right to reclaim the goods when the claim is made by the Buyer, only when the subject of the purchase contract is fully paid.
Article VIII. - Cancellation of the Purchase Contract
8.1 The Buyer is entitled to cancel the ordered goods or service without a cancellation fee until the goods are dispatched. Cancellation of the order must be made in writing by e-mail to firstname.lastname@example.org on the day when the Seller confirms the delivery of goods via e-mail to the Buyer or by phone at the Seller's phone number +421940852911.
8.2 When cancelling the order, the order number or full contact details of the Buyer must be stated.
8.3 If the payment for the goods was paid onto the Seller's account no later than the day before the goods were dispatched and therefore the Seller does not incur the costs associated with the dispatch of the goods, the Buyer will get a refund of this amount without cancellation fee within 14 days by bank transfer to the account specified by the Buyer (it is necessary to enter the name of the bank, account number and bank number), unless otherwise agreed with the Buyer.
8.4 For a Buyer who is not a Consumer (Article 1, clause 1.4), the right to cancel the purchase contract is free of charge. In this case, the Buyer can return the goods after a prior agreement with the Seller. The goods cannot be damaged, must be without signs of use, packed in the original packaging. In the case of cancellation, the Buyer is charged 20% of the sale price of the goods. If the Buyer requests a replacement for other goods, the cancellation fee may be reduced to 5% of the sales price.
Article IX. - The right of the Consumer to return the goods without giving any reason and information for Consumer
9.1 The right of the Consumer to return the goods pursuant to §7 par. 6 a) to l) of Act no. 102/2014. Coll. is extinguished because it is the production of goods according to the specific requirements of the Consumer, i. e. custom-made goods or goods specifically intended for a single Consumer.
9.2 The Consumer may return the goods only if the supplier agrees with it. An indispensable condition for the return of the goods would be a written copy of the bilateral agreement.
Article X. - Rights and Obligations of the Parties
10.1 The Seller and the Buyer are considered to be contracting parties.
10.2 The Buyer is obliged to:
· take over the ordered goods,
· pay the Seller the price for the goods, including the delivery costs of the goods,
· check the integrity of the packaging or even the goods themselves when they are taken over.
10.3 The Seller is obliged to:
· deliver the goods to the customer in the required quality, quantity and at the agreed price,
· send all the documents for the goods, such as the Goods Invoice, Instructions for Use to the customer together with the goods.
Article XI. – Protection of Personal Data
11.1 Personal data is processed in accordance with Act no. 122/2013 Coll. on the Protection of Personal Data as amended and in accordance with the Regulation of the European Parliament and the Council of the EU 2016/679 (hereinafter referred to as “GDPR”). For the purpose and content of the General Terms and Conditions of the Seller the “Concerned Person” is the person whose personal data are processed.
11.2 The Operator claims not to imply the decisions based solely on automated instruments for processing the personal data in relations with processing the personal data of the Concerned Persons nor the so-called profiling under the terms of Article 22, clause 1 and 4 of the GDPR.
11.3 The Seller is obliged to ensure personal data before being made available to unauthorized persons. The duty of the Seller is to inform the Office for Personal Data Protection about each significant violation or breach of personal data and that 72 hours starting from the time of such detection at the latest.
11.4 The Concerned Person has the right to submit the motion for trial about personal data protection to the Office for Personal Data Protection of the Slovak Republic (www.dataprotection.gov.sk) and that when suspecting an unauthorized processing of his personal data.
11.5 In case the Website Visitor has expressed his approval with personal data processing for marketing purposes (by clicking on crossing the relevant field), he has voluntarily expressed his approval with sending e-mail news on his e-mail address, being contacted via telephone and with sending addressed post on his contact address.
11.6 The Concerned Person can withdraw his consent with personal data processing anytime in writing or by means of sending a Withdrawal of personal data protection via mail or e-mail.
11.7 The Concerned Person may use the right to ask the Operator to send him the information about his personal data for free. The personal data concern the processing and deleting of the personal data and their transfer of the Concerned Person.
Article XII. - Alternative Dispute Resolution
12.1 The Seller, in accordance with Act No. 102/2014 Coll. on Consumer Protection in the case of door to door selling and mail order sale and Act no. 391/2015 on Alternative Dispute Consumer Resolution with effect from 1 February 2016, informs the Buyer (Consumer) that if he/she is not satisfied with the way the complaint is settled or considers that the Seller has breached his/her rights, he/she has the right to apply for a remedy via postal address or e-mail address at email@example.com.
12.2 If the Seller responds to the claim for remedy with denial, or does not respond to it within 30 days of submitting, the Buyer (Consumer) has the right to submit an alternative dispute resolution proposal to an alternative dispute resolution body. According to Act no. 391/2015 Coll., Alternative dispute resolution bodies are bodies and authorized legal entities pursuant to § 3 of Act 391/2015 Coll. The proposal for alternative dispute resolution can be submitted by the Consumer according to the method determined pursuant to §12 of Act 391/2015 Coll.
12.3 The Buyer (Consumer) can also file a complaint through the Alternative Dispute Resolution Platform, available online at http://ec.europa.eu/consumers/odr/index_en.htm.
12.4 Alternative dispute resolution can only be used by the Consumer. An alternative dispute resolution only deals with a dispute between the Buyer (Consumer) and the Seller, resulting from a Consumer contract or related to a Consumer contract. Alternative dispute resolution applies only to distance contracts. An alternative dispute resolution does not deal with disputes where the value of the dispute is less than EUR 20. Alternative Dispute Resolution may require the Consumer to pay a fee for starting an alternative dispute resolution up to a maximum of EUR 5 with VAT.
Article XIII. - Final provisions
13.1 The Seller reserves the right to amend these General Terms and Conditions without any prior notice to the Buyer. When amending the General Terms and Conditions or the Terms of Claim, the entire purchase process is governed by the General Terms and Conditions that were in effect at the time of submitting the order by the Buyer and are available on the Seller's website.
13.2 An integral part of these General Terms and is also the Terms of Claim.
13.3 By submitting the order, the Buyer has read the General Terms and Conditions as well as the Terms of Claim and agrees with their wording.
13.4 These General Terms and Conditions and the Terms of Claim are available on the e-shop website.
13.5. For dealing with cross-border contractual relations under Regulation of the European Parliament and of the Council no. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I), the contracting parties negotiate the applicable law of the Slovak Republic.
13.6 Other unrelated relationships in these General Terms and Conditions as in their inseparable parts (annexes) are governed by the relevant provisions of, in particular, Act no. 40/1964 Coll., Act no. 513/1991 Coll., Act no. 108/2000 Coll., Act no. 22/2004 Coll., Act no. 250/2007 Coll., Act no. 122/2013 Coll., Act no. 102/2014 Coll., Act no. 391/2015 and their amendments, as amended.
13.7 In case a provision of the conditions becomes invalid, the other provisions of the conditions remain valid and efficient. Instead of the invalid provision, such provisions of generally binding legal regulations will be used that best correspond, both in content and character, with the intent of the invalid provision.
13. 8 These General Terms and Conditions, including their inseparable parts, shall enter into force and effect on 1 January 2018.
Inspectorate of the Slovak Trade Inspection in Žilina
P. O. Box B - 89
011 79 Žilina 1
Tel. no.: 041/ 7632,130; 041/ 7632 139
Živnostenskom registri Okresného úradu Žilina, číslo živnostenského registra: 580-62568
Bankové spojenie pri platbe vopred na číslo účtu: IBAN:SK39 3100 0000 0032 6032 9818
E-Commerce (E-Shop) Terms of Claim
1.1 Only the goods purchased from the Seller and which are the property of the Buyer may be claimed.
1.2 If the ownership right has not yet passed from the Seller to the Buyer, the Buyer may, in accordance with valid legislation, handle the complaint only after full compensation under § 151 et seq. Civil Code.
1.3 The Buyer is obliged to handle the claim to the Seller without delay, immediately after the defect has been discovered.
1.4 Complaints of mechanical damage to the product packaging which were not apparent when the consignment was taken over must be applied immediately upon receipt of consignment (Article 5, clause 5.8 of the General Terms and Conditions).
1.5 Liability for defects is not attributable to defects caused by the following use:
· the defect was caused by mechanical damage to the product caused by the Buyer,
· the use of goods under conditions that do not reflect their humidity, chemical and mechanical effects of the natural environment of the goods,
· neglecting care and maintenance of goods,
· damage to goods by overloading.
1.6 Defects resulting from natural disasters are also excluded from liability for defects.
1.7 Liability for defects also does not relate to the normal wear of the goods (or parts thereof) caused by the use of the goods. Therefore, a shorter product life cannot be considered a defect and cannot be claimed.
1.8 If there is an officially authorized service centre of the manufacturer which is authorized to carry out repairs, the Buyer will be entitled to a repair at that centre under the warranty repair. In the event that a repair cannot be provided in this way, the Seller will provide the repair.
1.9 Goods under complaint must be delivered to the supplier's address or to an authorized service centre. The goods must be packed appropriately so that the goods are not damaged during transport and we recommend to send the goods by registered mail. It is necessary to attach a copy of the purchase receipt (invoice) to the goods and we recommend to attach the complaint form. Claims must be sent only in writing (by post) or personally (not by e-mail).
1.10 The Seller shall confirm the receipt of the claim and issue to the Buyer a written confirmation of claiming the goods. The day of claiming is the date of its delivery to the Seller. If it is not possible to deliver the receipt immediately, it must be delivered without undue delay, but at the latest with a proof of claim settlement. The confirmation of the claim settlement will be sent in writing.
1.11 The Seller is obliged to determine the method of handling the claim immediately, in complex cases within 3 days of the date of the claim. In justified cases, especially if complex technical assessment of the goods is required no later than 30 days after the date of the claim. After determining the way of handling the claim, the Seller will settle the claim immediately, and in justified cases the claim can be settled later. However, the process of the claim may not be longer than 30 days from the date of the claim. After the 30-day deadline for claim settlement, the Buyer has the right to withdraw from the purchase contract and will be reimbursed the full amount for the goods or has the right to exchange the goods for a new one.
These Terms of Claim are an integral part of the General Terms and Conditions.