1. Data on the operator www.praveoleje.sk, hereinafter referred to as the "seller"..
1.1. The seller is the company Muth s.r.o, Predmestská 1631/66, 010 01 Žilina, Slovakia, which is registered in the Commercial Register of the District Court of Žilina, Section: Sro, Insert number: 72546 / L, ID: 48136913, VAT: 2120051912, VAT ID according to §7a (we are not VAT payers): SK2120051912, tel. +421 948 634 433, e-mail: firstname.lastname@example.org (hereinafter referred to as the "seller").
1.2. Address for complaints, return of goods and others: Muth s.r.o., Predmestská 1631/66, 010 01 Žilina, Slovakia.
1.3. The buyer is any natural or legal person who in any way contacts the seller with the intention of purchasing the goods offered by the seller.
1.4. By using the seller's online store website and confirming the order, the buyer agrees to these Terms and Conditions.
1.5. These Business Terms and Conditions are valid until the new Business Terms and Conditions are issued.
2. Price of goods
2.1. The seller is not a VAT payer.
2.2. All prices for goods and services and all fees in the online store are listed without VAT (we are not VAT payers, which means that VAT is 0%).
2.3. The price for the transport of goods is added to the basic price of the order, depending on which method of delivery the buyer chooses. Packaging is included in the price of transport.
3. Order goods
3.1. The buyer can order the goods as follows:
a) through the shopping cart on www.praveoleje.sk,
b) by sending an e-mail stating the required goods to email@example.com.
3.2. After placing the order, your order will be processed and a confirmation of the order will be delivered to your e-mail immediately. By sending the order to the seller, the buyer confirms that the seller has timely and properly fulfilled its information obligations under Art. § 3 par. 1 of Act no.102/2014 Coll. on the protection of consumers in respect of the sale of goods or the provision of services under contract
concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws (hereinafter referred to as the "Act on Consumer Protection in the Sale of Goods"). If necessary, all further information regarding your order will be sent to the e-mail address provided by you.
3.3. By placing the order, the buyer undertakes to take over the ordered goods and pay the agreed price for the goods.
3.4. The seller undertakes to deliver the correct type and quantity of goods at the agreed price according to the order.
3.5. Cancellation of the order is possible on the part of the buyer within 12 hours of ordering the goods without giving a reason, however at the latest until the goods are sent by the seller for transport.The buyer can cancel the order in the Customer section on the seller's website, by phone
or by e-mail. After verifying that the conditions for canceling the order have been met, the seller will confirm the cancellation of the order to the buyer by e-mail or telephone. If the amount for the ordered goods has already been paid, the seller will send the money back to the buyer's bank account or the seller will deliver the money in a manner agreed upon by each other.
3.6. The seller has the right to cancel the order if it is not possible to ensure the ordered goods. In such a case, the seller will immediately return the paid amount to the buyer in full, or offer him replacement goods or another solution, if the buyer agrees. The seller also has the right to cancel the order if he cannot contact the buyer (incorrectly stated or unlisted contact details, unavailability, ...).
3.7. By placing the order to the seller, the buyer confirms that the seller has timely and properly fulfilled its information obligations under the provisions of § 3 paragraph 1 of the Consumer Protection Act for the sale of goods or services under a distance contract or a contract concluded outside the seller's premises and amending certain laws.
4. Payment and delivery terms
4.1. In the case of an order via email, the buyer can pay for the goods by transfer to the seller's account on the basis of a proforma (advance) invoice, or by depositing cash directly into the seller's account. Based on the received order, the seller will issue a proforma (advance) invoice, which will be sent together with the order confirmation by e-mail.
4.2. In the case of an order using a shopping cart on the website www.praveoleje.sk, the buyer can pay for the goods with a payment card through the GP webpay payment gateway.
4.3. We do not send goods on COD (cash on delivery).
4.4. Payment is only possible in EUR.
4.5. We deliver goods as standard only within the Slovak Republic. The goods will be sent to other EU countries only by the seller in agreement with the buyer. The price for transport outside the territory of the Slovak Republic will be notified to the buyer by e-mail before sending the ordered goods.
4.6. The seller sends the tax document (invoice) to the buyer electronically by email. When paying by credit card, the invoice is sent automatically. When paying by bank transfer, the seller will send an invoice after receiving the payment within 10 calendar days.
4.7. Delivery time for goods offered by the seller is in most cases within approx. 3-4 working days of confirmation of the order and receipt of payment for the order, the maximum delivery time is 14 days or it may extend according to the agreement with the buyer. The seller will inform the buyer about the extended delivery time and delivery date by phone or email when confirming the order. If the announced extended delivery period does not suit the buyer, he has the option to cancel the order in accordance with point 3.5 of these Business Conditions.
4.8. The seller will inform the buyer by e-mail about the shipping / expedition of the goods.
4.9. The seller ensures the transport of goods within the Slovak Republic in a way that the buyer chooses from the options offered in the order:
a) courier service of Slovenská pošta (Slovak Post Office) - possibility of delivery to the nearest post office or to the buyer's address)
b) Slovak post as a package (possibility of delivery to the nearest post office or to the buyer's address)
c) personal pickup - must be agreed with the seller in advance. For further details, see
4.10. The price for the transport of goods to the specified place is as follows:
a) delivery by the courier service of Slovenská pošta to the buyer's address is € 4.22 including VAT. For orders over 85 €, delivery is free.
b) delivery by the courier service of Slovenská pošta to the nearest post office is € 3.24 including VAT. For orders over 85 €, delivery is free.
c) delivery by Slovak Post as a package to the buyer's address is € 3.65 including VAT. For orders over 65 €, delivery is free. Max. weight limit is 10 kg or 10 liters.
d) delivery by Slovak Post as a postal package to the nearest post is € 2.87 including VAT. For orders over 65 €, delivery is free. Max. weight limit is 10 kg or 10 liters.
e) personal pickup at the place of personal pickup of the seller is free of charge, but personal pickup is possible only after individual agreement between the seller and the buyer.
4.11. The place of pickup is determined on the basis of the buyer's order. Delivery of the goods to the designated place by courier, post or personal collection is considered to be the fulfillment of the delivery.
4.12. The goods are adequately packed and secured. The buyer is obliged to check the integrity of the shipment upon receipt of the goods and in case of damage not to accept the shipment from the delivery person. Buyers and the seller will thus avoid unnecessary costs for a possible complaint about the goods.
4.13. The seller will send the buyer an invoice (tax document) by email upon receipt of payment. The invoice also serves as a delivery note.
4.14. The seller is responsible for the goods until they are taken over by the buyer. The goods are considered to have been taken over by the consumer when the consumer or a third party other than the carrier designated by him takes over all parts of the ordered goods, or if:
a) the goods ordered by the consumer in one order are delivered separately, at the moment of taking over the goods that were delivered last,
b) delivering goods consisting of several parts or pieces, at the moment of taking over the last part or the last piece,
c) delivering the goods repeatedly during a specified period, at the time of taking over the first goods delivered.
4.15. In case of greater interest, it may happen that the seller will have a shortage of goods in stock and so the ordered goods can be delivered to the buyer gradually in several packages, while postage and packaging are paid by the buyer as one package.
5. Avoidance of the contract & goods reclaim.
5.1. The buyer is in accordance with Act 102/2014 § 7 par. 1, entitled to avoidance from the completed order (or from the purchase contract, if the buyer has already taken over the goods) without giving a reason within 14 days from the day of reception of the goods.
5.2. The buyer can enforce the right to avoidance of the contract according to § 7 par. 1 at the seller in paper form or in the form of a record on another durable medium; if the contract was concluded orally, any formulated statement by the consumer expressing his willingness to avoidance of the contract (hereinafter referred to as the "notice of avoidance") is sufficient to enforce the consumer's right of avoidance. The buyer can use contact form on the website praveoleje.sk or email.
5.3. The buyer is obliged to send the goods back to the seller 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 avoidance of the contract.
5.4. The Seller shall, without undue delay, no later than 14 days from the date of delivery of the notice of avoidance of the contract, return to the Buyer all payments received from him under or in connection with the Contract, including transport, delivery and postage and other costs and fees; this does not affect the provision of § 8 par. 5. referred to in paragraphs 5.5 and 5.6 and the prices for the service, if the subject of the contract is the provision of the service and if the full provision of the service has taken place.
5.5. The seller is not obliged to refund the consumer for additional costs if the consumer has explicitly chosen a delivery method other than the cheapest standard delivery method offered by the seller. Additional costs are the difference between the costs of delivery, which is chosen by the buyer, and the cost of the cheapest common method of delivery offered by the seller.
5.6. Upon avoidance of the contract, the buyer endure only the cost of returning the goods to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller has agreed to endure them himself, or if he has not fulfilled the obligation under § 3 para. 1 letter i).
5.7. The seller is not obliged to return the payments to the consumer according to paragraph 5.4 before the goods are delivered to him.
5.8. The buyer cannot resign from the contract, the subject of which is:
a) provision of the service, if its provision was started with the express consent of the buyer and the buyer declared that he was duly informed that by expressing this consent he loses the right to avoidance of the contract after full provision of the service, and if full provision of the service took place,
b) the sale of goods or the provision of services, the price of which depends on price movements on the financial market which cannot be influenced by the seller and which may occur during the period for avoidance of the contract,
c) sale of goods made according to the special requirements of the buyer, custom-made goods or goods intended specifically for one consumer,
d) sale of goods subject to rapid reduction of quality or subversion,
e) the sale of goods enclosed in protective packaging which cannot be returned for reasons of health protection or hygienic reasons and whose protective packaging has been broken after delivery,
f) sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
g) the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, their delivery can be made after 30 days at the earliest and their price depends on market price movements over which the seller cannot influence,
h) the performance of urgent repairs or maintenance expressly requested by the buyer by the seller; this does not apply to service contracts and contracts for 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 buyer and the buyer did not pre-order these services or goods,
i) the sale of sound records, video recordings, vision/sound records, books or computer software sold in protective packaging, if the purchaser unwrapped the 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) provision of electronic content other than on a tangible medium, if its provision began with the express consent of the buyer and the buyer has declared that he has been duly informed that by expressing this consent he loses the right to resign from the contract,
m) the sale of petroleum products and oils sold in protective packaging, if the buyer has unpacked that packaging.
6. Complaints and warranty conditions
6.1. Complaints handling is governed by the warranty conditions of specific goods, the Commercial Code and the relevant provisions of the Civil Code and special regulations.
6.2. The warranty period for all goods offered in the seller's online store is 24 months, with the exceptions provided by law. To endure the rights from liability for defects (reclamation) always proof of purchase is sufficient (attached invoice). Submission of proof of purchase for the purpose of a complaint is sufficient even if a warranty card has been issued but the customer has lost it.
6.3. The warranty does not cover ordinary wear and tear of the item (or its parts) caused by use, mechanical damage to the product caused by the buyer, improper handling of the product, other than specified in the instructions for use, neglect of care and maintenance of the goods, damage to goods in violation of the conditions stated in the documentation, general principles, technical standards or safety regulations or other breach of the warranty conditions. Damage caused by a natural disaster is also excluded from liability for damage of the product.
6.4. The buyer also has the right to complain about the product purchased on sale or at a reduced price, but the defect must not be related to the reason why the product was sold at a reduced price.
6.5. The buyer is obliged to deliver the claimed goods clean, mechanically undamaged, with a copy of the invoice, or delivery or warranty card. The buyer is obliged to send together with the goods as well the description of damage.
6.6. Complaints of goods are handled by the seller without undue delay, but no later than 30 days from the date of delivery of the complaint to the buyer or transport company. After this period, the consumer has the right to resign from the contract or the right to exchange the product for a new product. By handling a justified complaint, the warranty period is extended by the duration of the complaint. If the claim was settled by exchanging the goods for a new one within the statutory warranty period, then the warranty period will begin to run again from the date of settlement of the claim.
6.7. BUYER'S PROCEDURE FOR COMPLAINTS:
6.7.1. The buyer shall send the product to the seller's address referred to in point 1 as soon as possible after finding a defect in the product, together with a copy of the proof of purchase, and with a description of the product error.
6.7.2. In a situation where the goods need to be sent to the seller or service center, the buyer acts so that the goods are packed in suitable packaging that will adequately protect the goods, meet the requirements for the transport of fragile goods and mark the shipment with appropriate symbols.
6.8. In the event that the claimed goods were sent by post or transport company, the transport costs associated with sending the complaint to the seller's address shall be endured by the buyer. Dispatch of the claimed goods by post endure the seller at his own expense. Any other method of transporting the claimed goods back, at the specific request of the buyer, the buyer pays.
6.9. Handing over the product to the buyer after repair, replacement or rejection of the complaint, or refund in case of avoidance of from the contract is considered as fulfillment of the complaint.
6.10. Information on Alternative Dispute Resolution - ADR: If the buyer is not satisfied with the way in which the seller has handled his complaint or if he believes that the seller has violated his rights, he has the opportunity to turn to the seller for correction. If the seller responds to the request for correction in the negative or does not respond to it
within 30 days from the date of its dispatch, the buyer has the right to file a motion to initiate an alternative settlement of his dispute pursuant to the provisions of § 12 of Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Laws. The relevant subject for alternative resolution of consumer disputes with the seller is, for example, the Slovak Trade Inspection, Prievozská 32, 827 99 Bratislava 27, http://www.soi.sk or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the buyer has the right to choose which of the above-mentioned ADR entities to turn to.
Buyers are entitled to use the online dispute resolution platform ("RSO") to resolve their disputes, in the language of their choice. The buyer can use his alternative dispute resolution RSO platform, available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. The buyer fills in the electronic complaint form when submitting the submission in the RSO platform. The information they submit must be sufficient to identify the relevant ADR entity online. The buyer may attach documents in support of his complaint.
7. Personal data protection
In connection with the introduction of new legislation in the field of personal data protection - Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC data protection) (hereinafter referred to as “GDPR”) and the implementation of measures to ensure compliance with Muth s.r.o. with the GDPR as well as with related relevant legislation
regulating the protection of personal data (eg Act No. 18/2018 Coll. on Personal Data Protection and on Amendments to Certain Acts, Decrees of the Office for Personal Data Protection of the Slovak Republic), customers will find a general information obligation regarding personal data protection at
8. Final provisions
8.1. Supervision over the provision of services is performed by the SOI Inspectorate for the Žilina Region, Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1.
8.2. Relationships not regulated by these general terms and conditions are subject to the relevant provisions of the Civil Code, Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended and Act no. 102/2014 Coll. on consumer protection in distance selling.
8.3. By checking the box before sending the order, the buyer declares that he has read these general terms and conditions, fully understands their content and that he agrees with them.
8.4. These business conditions are valid from 07.03.2020.
In Žilina, on 07.03.2020