1. Introductory provisions
1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company Damident s.r.o., with registered office at Poľná 23, Biely Kostol, identification number: 52066541, registered in the commercial register kept at the District Court in Trnava, section T, file 43408 (hereinafter referred to as "the seller ") regulate in accordance with the provisions of § 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 online store is run by the seller on the website located at the internet address www.vystuhy.sk (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").
1.2. The business terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods as part of his business activity or as part of his independent profession.
1.3. Provisions different from the terms and conditions can be negotiated in the purchase contract. Different agreements in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Slovak language. The purchase contract can be concluded in the Slovak language.
1.5. The wording of the terms and conditions can be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. Conclusion of the purchase contract
2.1. The entire presentation of the goods placed on the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Provision § 1732 para. 2 of the Civil Code shall not apply.
2.2. The web interface of the store contains information about the goods, including the prices of individual types of goods and the costs for returning the goods, in the event that these goods, by their very nature, cannot be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for the time they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
2.3. The store's web interface also contains information on costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store apply exclusively in cases where the goods are delivered within the territory of the Slovak Republic.
2.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form primarily contains information about:
2.4.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface),
2.4.2. methods of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods and
2.4.3. information about the costs associated with the delivery of the goods (hereinafter referred to as the "order").
2.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Order with payment obligation" button. The data given in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address").
2.6. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
2.7. The contractual relationship between the seller and the buyer is established by the delivery of the received order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
2.8. The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, while these costs do not differ from the basic rate.
3. Price of goods and terms of payment
3.1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in advance
in the following ways:
- in cash at the seller's office at Poľná 23, Biely Kostol;
- in cash on delivery at the place specified by the buyer in the order;
- by cashless transfer to the seller's account no. SK71 0200 0000 0040 3969 9857, maintained at VUB Banka (hereinafter referred to as the "seller's account");
3.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Art. 3.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon collection of the goods. In the case of non-cash payment, the purchase price is payable within 2 days from the conclusion of the purchase contract.
3.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
3.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Art. 2.6), to demand payment of the entire purchase price before sending the goods to the buyer. Provision § 2119 para. 1 of the Civil Code shall not apply.
3.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
3.8. If it is usual in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding the payments made on the basis of the purchase contract. The seller is not a VAT payer. Tax document - the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's electronic address.
3.9. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure within 48 hours at the latest.
4. Withdrawal from the purchase contract
4.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, among other things, it is not possible to withdraw from the purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from the purchase contract for the supply of goods that is subject to rapid deterioration, as also for goods that were irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging, which the consumer removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of an audio or video recording or a computer program , as long as it has broken their original packaging.
4.2. If it is not a case mentioned in Art. 5.1 of the terms and conditions or in other cases where it is not possible to withdraw from the purchase contract, the buyer has, in accordance with the provisions of § 1829 par. 1 of the Civil Code, the right to withdraw from the purchase contract, within fourteen (14) days from the receipt of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an annex to the terms and conditions. The buyer can send a withdrawal from the purchase contract, among other things, to the address of the seller's business or to the seller's e-mail address email@example.com.
4.3. In case of withdrawal from the purchase contract according to Art. 4.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. In case of withdrawal from the purchase contract by the buyer, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
4.4. In case of withdrawal from the purchase contract according to Art. 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract to the buyer, in the same way that the seller received them from the buyer. The seller is also entitled to return the funds provided by the buyer when returning the goods to the buyer or in another way, as long as the buyer agrees to this and the buyer does not incur additional costs. 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 him or proves that he has sent the goods to the seller.
4.5. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for the return of the purchase price.
4.6. In cases where the buyer has, in accordance with the provisions of § 1829 par. 1 of the Civil Code, the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of acceptance of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
4.7. In the event that a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift loses its effectiveness and the buyer is obliged to return it to the seller together with the goods also the gift provided.
5. Transport and delivery of goods
5.1. If the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this method of transport.
5.2. In the event that, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
5.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
5.4. When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of observing a damaged packaging indicating unauthorized intrusion into the shipment, the buyer does not have to collect the shipment from the carrier.
5.5. Other rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if they are issued by the seller.
6. Rights from defective performance
6.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (mainly the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
6.2. The seller is responsible to the buyer for the fact that the goods are free of defects upon receipt. Above all, the seller is responsible to the buyer for the fact that, at the time when the buyer took over the goods:
6.2.1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
6.2.2. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
6.2.3. the quality or design of the goods corresponds to the agreed sample or model, in the event that the quality or design was determined according to the agreed sample or model,
6.2.4. is the goods in the corresponding quantity, measure or weight and
6.2.5. the goods comply with the requirements of legal regulations.
6.3. Provisions listed in Art. 6.2 of the terms and conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed upon, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear the goods had when the buyer took them over, or if this results from the nature of the goods.
6.4. If the defect becomes apparent within six months of acceptance, it is considered that the goods were already defective upon acceptance. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of acceptance.
6.5. Rights from defective performance are exercised by the buyer with the seller at the address of his business, where the receipt of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business.
6.6. Further rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
7. Other rights and obligations of the contracting parties
7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 par. 1 letter e) of the Civil Code.
7.3. The seller handles consumer complaints via the email address firstname.lastname@example.org. The seller will send information about the processing of the buyer's complaint to the buyer's e-mail address.
7.4. The relevant Slovak Trade Inspection, with its seat in Trnava, is designated for out-of-court settlement of consumer disputes arising from the purchase contract.
7.5. The European Consumer Center in the Slovak Republic, with registered office Mlynské nivy 4924/44A, 82715 Bratislava, internet address: https://esc-sr.sk/ is the contact point according to Regulation of the European Parliament and the Council (EU) no. 524/2013 of May 21, 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and directive 2009/22/EC (regulation on the resolution of consumer
7.6. The seller is authorized to sell goods on the basis of a trade license. Trade inspection is carried out by the relevant trade office within its scope. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Slovak Trade Inspection supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
7.7. The buyer hereby assumes the risk of a change in circumstances in accordance with § 1765 par. 2 of the Civil Code.
8. Protection of personal data
8.1. The protection of personal data of the buyer, who is a natural person, is provided by Act no. 101/2000 Coll., on the protection of personal data, as amended.
8.2. The buyer agrees to the processing of his personal data: first and last name, residential address, identification number, tax identification number, e-mail address, telephone number (hereafter all together only as "personal data").
8.3. The buyer agrees to the processing of personal data by the seller, for the purposes of realizing rights and obligations from the purchase contract and for the purposes of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business notifications to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of a purchase contract.
8.4. The buyer acknowledges that he is obliged to enter his personal data correctly and truthfully (when registering, in his user account, when ordering from the web interface of the store) and that he is obliged to inform the seller without undue delay of a change in his personal data.
8.5. The seller can entrust the processing of the buyer's personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be sold by the seller to third parties without the prior consent of the buyer.
8.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.
8.7. The buyer confirms that the provided personal data is accurate and that he has been informed that this is a voluntary provision of personal data.
8.8. In the event that the buyer believes that the seller or the processor (Article 9.5) is processing his personal data in violation of the protection of the buyer's private and personal life or in violation of the law, especially if the personal data is inaccurate with regard to the purpose of their processing may:
8.8.1 ask the seller or processor for an explanation,
8.8.2 to demand that the seller or the processor remove the state thus created.
8.9. If the buyer requests information about the processing of his personal data, the seller is obliged to sell him this information. The seller has the right to request an adequate payment for the provision of information according to the previous sentence, not exceeding the costs necessary for providing the information.
9. Sending commercial notifications and storing cookies
9.1. The buyer agrees to send information related to the seller's goods, services or company to the buyer's e-mail address and further agrees to the seller sending business notifications to the buyer's e-mail address.
9.2. The buyer agrees to deposit the so-called cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations arising from the purchase contract can be fulfilled without the so-called cookies on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.
11.1. It can be delivered to the buyer's email address.
11. Final Provisions
11.1. If the relationship established by the purchase contract contains international (foreign) elements, the parties agree that the relationship is governed by Slovak law.
11.2. By choosing the law according to Art. 12.1 of the terms and conditions, the consumer is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate, and which, in the absence of a choice of law, would otherwise be used according to the provisions of Art. 6 par. 1 Regulation of the European Parliament and the Council (EC) no. 593/2008 of June 17, 2008 on the law governing contractual obligations (Rome I).
11.3. If some provisions of the terms and conditions are invalid or ineffective, or become so, the invalid provisions will be replaced by provisions whose meaning is as close as possible to the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
11.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.5. The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract.
11.6. Contact details of the seller: delivery address Poľná 23, Biely Kostol