Terms and Conditions
With registered office Námestie slobody 20/49, Humenné 06601 identification number: 46 302 221 registered in the Commercial Register kept at the District Court in Prešov, Section Sro, Insert 25631 / P for the sale of products and services via an on-line store interess.sk.
1.1. These Business Terms and Conditions (hereinafter referred to as the 'Business Terms and Conditions') of Interess S.R.O, registered office Námestie slobody 20/49, Humenné 06601, identification number: 46 302 221, registered in the Commercial Register kept at the District Court in Prešov, Section Sro, Insert 25631 (P) (hereinafter referred to as the 'Seller'), in accordance with the provision of Section 1751 par. 1 of Act no. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the 'Civil Code') mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the 'purchase contract') concluded between the seller and another natural person (hereinafter referred to as 'Buyer') through the Seller's online store. The internet shop is maintained by the seller on the interess.sk web site (hereinafter referred to as the 'website') via the website interface (hereinafter referred to as the 'web interface').
1.2. The Terms and Conditions do not apply to cases where the person intending to purchase the goods from the Seller is a legal person or person acting in the course of ordering the goods in the course of his business or in his own profession.
1.3. Provisions other than the Terms and Conditions may be provided in the Purchase Agreement. Divergent agreements in the purchase agreement take precedence over the terms and conditions of business.
1.4. Terms and conditions of business are an integral part of the purchase agreement. The purchase contract and terms and conditions are written in the Slovak language. The purchase contract can be concluded in the Slovak language.
1.5. The wording of the Terms and Conditions may be changed or amended by the Seller. This provision does not contradict to rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
2. User account
2.1. Based on the buyer's registration on the website, the buyer can access their user interface. From your user interface, the buyer may order goods ('user account'). In case the web interface of the shop allows it, the buyer can also order goods without registration directly from the store web interface.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and truthful information. The information in the user account is required to be updated by the buyer for any change. The information given by the buyer in the user account and when ordering the goods is considered correct by the seller.
2.3. User account access is secured by the username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not entitled to allow third parties to use the user account.
2.5. The Buyer acknowledges that the User Account may not be available continuously, especially with respect to the necessary maintenance of the Seller's hardware and software, respectively. With regard to the necessary maintenance of hardware and software equipment of third parties.
3. Conclusion of the Purchase Contract
3.1. The whole presentation of goods placed on the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding those goods. § 1732 par. 2 of the Civil Code does not apply.
3.2. The web interface of the store contains information about the goods, including the indication of the prices of each type of goods and the cost of returning the goods, if such goods cannot be returned by usual postal means. The prices of the goods are shown including value added tax and all related charges. Goods prices remain in effect as long as they are displayed in the store's web interface. This provision does not limit the seller's ability to conclude a contract of sale under individually negotiated conditions.
3.3. The web interface of the store also contains information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of goods listed in the web interface of the store is valid only when the goods are delivered within the territory of the Slovak Republic.
3.4. To order the goods, the buyer fills in the order form in the web interface of the shop. In particular, the order form contains information about:
3.4.1. the ordered goods (the buyer inserts the ordered goods into the electronic shopping cart of the web interface of the shop),
3.4.2. methods of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.4.3. information on the cost of delivery (hereinafter referred to as 'order').
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, even with regard to the possibility of the buyer to detect and correct errors in entering data into the order. The order is sent by the buyer to the seller by clicking the 'Complete Order' button. The information given in the order is considered correct by the seller. The Seller shall immediately confirm receipt of the order by the e-mail to the Buyer at the Buyer's e-mail address specified in the User Account or Order (hereinafter referred to as the 'Buyer's e-mail address').
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example by the email or phone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the accepted order (acceptance) sent to the Buyer by e-mail to the Buyer's e-mail address.
3.8. The buyer agrees to use the means of distance communication to conclude the purchase agreement. The costs incurred by the buyer when using the means of distance communication in connection with the conclusion of the purchase contract (the cost of internet connection, the cost of telephone calls) are borne by the buyer, which costs do not differ from the base rate.
4. Price of goods and payment terms
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase agreement may be paid by the buyer to the seller in the following ways:
- By PayPal - Once you have confirmed your order, you will be redirected to PAYPAL's online payment gateway, where you will pay for your order safely through your PayPal account. If the payment is in order, we will immediately receive the payment that we received.
- By credit card via secured TatraBanka gate - After order confirmation you will be redirected to CardPay online payment gateway, where you will pay with your credit card. If the payment is in order, we will immediately receive the payment that we received.
- Cash on delivery at the place designated by the buyer in the order;
- By the bank transfer to the account of the seller no. SK1411000000002945057507, maintained by Tatra banka, a.s (hereinafter referred to as 'Seller's Account');
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price is further understood to include the cost of delivery.
4.3. The seller does not require any deposits or other similar payment from the buyer's side. This is without prejudice to the provision of Art. 4.6 of the Business Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 10 days of the conclusion of the purchase contract.
4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of a non-cash payment, the buyer is obligated to pay the purchase price at the moment of crediting the relevant amount to the seller's account.
4.6. The Seller is entitled, in particular if the Buyer fails to additionally confirm the order (Article 3.6), to demand payment of the entire purchase price before the goods are sent to the Buyer. The provision of § 2119 par. 1 of the Civil Code does not apply.
4.7. Possible discounts on the price of goods provided to the buyer by the seller cannot be combined with each other.
4.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer regarding payments made on the basis of the Purchase Contract. The seller is a payer of the value added tax. The tax document - invoice will be issued by the seller to the buyer after the price of the goods has been paid and will be sent in electronic form to the buyer's electronic address.
4.9. According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is required to register the revenue received with the tax administrator online; in the event of a technical failure within 48 hours at the latest.
5. Withdrawal from the Purchase Contract
5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract for the supply of goods that have been modified as required by the Buyer or for the Buyer from the Purchase Contract for the delivery of perishable goods, such as even for goods that have been irrevocably mixed with other goods upon delivery, from a contract for the delivery of goods in a sealed package that the consumer has removed from the packaging and cannot be returned for hygienic reasons and from a purchase agreement for audio or video recordings or a computer program if they broke their original packaging.
5.2. If this is not the case in Art. 5.1 of the Terms and Conditions or any other case where it is not possible to withdraw from the Purchase Contract, the Buyer has, in accordance with the provision of § 1829 par. 1 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, whereas if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which is attached to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Agreement to, among other things, the address of the Seller's operation or the Seller's e-mail address firstname.lastname@example.org
5.3. In the case of withdrawal from the contract under Art. 5.2 of the Terms and Conditions, the Purchase Agreement is canceled from the beginning. The goods must be returned to the seller by the seller within fourteen (14) days of delivery of the withdrawal from the contract to the seller. In the event of withdrawal from the purchase contract by the buyer, the buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.4. In the case of withdrawal from the contract under Art. 5.2, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract by the Seller in the same manner as the Seller accepts them from the Buyer. The Seller is also entitled to return the funds provided by the Buyer when the goods are returned by the Buyer or otherwise, unless the Buyer agrees to do so and does not incur additional costs to the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Purchaser or proves that he has sent the goods to the Seller.
5.5. The seller is entitled to unilaterally set off the claim for damages incurred on the goods against the buyer's claim for the refund of the purchase price.
5.6. In cases where the buyer has a right to withdraw from the Purchase Contract, in accordance with the provision of § 1829 par. 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In such a case, the Seller shall return the Purchase Price to the Buyer without undue delay, by cashless transfer to the account specified by the Buyer.
5.7. In case a gift is given to the buyer together with the goods, the donation contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract loses its effect and the buyer is obliged to return the goods provided as the gift.
6. Transport and delivery of goods
6.1. In the event that the type of delivery is agreed upon by the buyer's special request, the buyer bears the risk and any additional costs associated with this type of delivery.
6.2. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
6.3. In the event when it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively.
6.4. When accepting the goods from the courier, the buyer is obliged to check the integrity of the packaging of the goods and notify the courier immediately in case of any defects. In the event of a breakage of the packaging, the Buyer may not accept the shipment from the courier.
6.5. Other rights and obligations of the parties in the transport of the goods may be governed by the specific delivery terms of the seller if issued by the seller.
7. Rights of defective performance
7.1. The rights and obligations of the contracting parties regarding the rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection, as amended).
7.2. The seller is responsible for not having any defects in the goods. In particular, the seller is responsible to the buyer for the time that the buyer accept the goods:
7.2.1. The goods have properties that the parties have agreed and, in the absence of an agreement, the properties that the seller or the manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertisings made;
7.2.2. The goods fit for the purpose stated for their use by the seller or for which goods of this kind are usually used,
7.2.3. The goods correspond to the quality or execution of the agreed sample or template, if the quality or design was determined by the agreed sample or template,
7.2.4. The goods are in the appropriate quantity, measure or weight; etc,
7.2.5. Goods comply with legal requirements.
7.3. Provisions referred to in the Art. 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed for; for the wear of the goods caused by its normal use; for the used goods with a defect corresponding to the use or wear that the goods had during the Buyer's takeover, or the nature of the goods.
7.4. In case of a defect occurring within six months of the receipt, the goods are deemed to have been defective at the time of receipt. The Buyer is entitled to exercise the right of a defect that occurs in consumer goods within twenty-four months of the receipt.
7.5. The rights of defective performance shall be exercised by the Buyer to the Seller's address, in which the acceptance of the claim is possible with respect to the assortment of the goods sold, or at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be governed by the seller's claim policy.
8. Other rights and obligations of the parties
8.1. The buyer acquires ownership of the goods by paying the full purchase price for the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct in accordance with the provisions of the Section 1826 par. 1 (a) e) of the Civil Code.
8.3. Consumer complaint handling is provided by the seller via e-mail email@example.com The seller sends the information about the buyer's complaint to the buyer's electronic address.
8.4. An out-of-court settlement of consumer disputes from the purchase contract is determined by the relevant Slovak Trade Inspection, based at www.soi.sk
8.5. The European Consumer Center in the Slovak Republic, with its registered office at Mlynské nivy 4924 / 44A, 82715 Bratislava, internet address: www.esc-sr.sk is the contact point of the European Parliament and Council Regulation (EU) no. Regulation (EC) No 524/2013 of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 1782/2003 And Directive 2009/22 / EC (Regulation on consumer dispute resolution online).
8.6. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection performs, to a limited extent, supervision of compliance with Act no. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 par. 2 of the Civil Code.
9.1. The protection of the personal data of a buyer who is a natural person is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
9.2. The buyer agrees to process the following personal data: first name, surname, home address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as 'personal data').
9.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining a User Account. If the buyer does not choose another option, he also agrees to process the personal data of the seller for the purpose of sending information and business announcements to the buyer. Consent to the processing of personal data in full under this Article is not a condition that would in itself impede the conclusion of a purchase contract.
9.4. The Buyer acknowledges that it is obliged to state his/her personal data (at registration, in his user account, when ordering from the web interface) correctly and truthfully and is obliged to inform the Seller without undue delay about any changes in their personal data.
9.5. By processing the Buyer's personal data, the Seller may delegate a third party as a processor. Except for persons transporting the goods, the Seller will not sell the personal data to third parties without prior consent of the Buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or on paper in a non-automated manner.
9.7. The buyer confirms that the personal information provided is accurate and that he / she has been informed that it is a voluntary supply of personal data.
9.8. In the event that the Buyer considers that the Seller or the Processor (Article 9.5) carries out the processing of his personal data that is contrary to the protection of the Buyer's private and personal life or in violation of the law, in particular if the personal data is imprecise the purpose of their processing may:
9.8.1. Ask the seller or the processor to explain the purpose of processing,
9.8.2. Require the seller or processor to eliminate such a situation.
9.9. If the buyer requests information about the processing of their personal data, the seller is obliged to sell it to him. The Seller has the right to request a reasonable reimbursement for providing information according to the previous sentence not exceeding the costs necessary for providing the information.
10. Send business notifications and store cookies
10.1. The Buyer agrees to send information related to the goods, services or business of the Seller to the Buyer's e-mail address and further agrees to send commercial notifications to the Seller to the Buyer's e-mail address.
11. Final provisions
11.1. If the relationship established by the purchase agreement contains international (foreign) elements, the parties agree that the relationship is governed by Slovak law.
11.2. By choosing the right under Art. 12.1 of the Commercial Terms, the consumer is not deprived of the protection conferred by the provisions of the legal order from which it is not possible to derogate, and which would otherwise be used under the provision of Art. 6 odst. 1 Regulation (EC) No 1782/2003 of the European Parliament and of the Council 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.3. If any of the terms and conditions of the Terms and Conditions are invalid or ineffective, such provisions shall be replaced by provisions whose meaning to the invalid provisions is as close as possible. The invalidity or ineffectiveness of one provision does not influence on the validity of the other provisions.
11.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in an electronic form and is not publicly accessible.
11.5. Annex to the Business Terms and Conditions forms a sample form for withdrawal from the Purchase Agreement.
11.6. Seller contact details: mailing address Námestie slobody 20/49, Humenné 06601 email address firstname.lastname@example.org
In Humenné on 20.08.2018