GENERAL TERMS AND CONDITIONS
GTC (General Terms and Conditions) a courier of goods who provides courier services for online store operators and for purchase contracts for goods and services concluded through electronic commerce.
ART. 1 – BASIC PROVISIONS
1.1 These general terms and conditions govern the rights and obligations of the parties arising from the purchase contract concluded between the seller, which is in a contractual relationship with our company: Callservis, sro, ID: 50069934, with its registered office at Budovateľská 44 / F, 080 01 Prešov, registered in the Register of the District Court Prešov, Section: Sro, File No,32189 / P ., VAT: SK2120162704 (hereinafter referred to as the “courier of goods”) and the buyer (hereinafter referred to as the “buyer”), the subject of which is the purchase and sale of goods and services on the seller’s e-commerce website.
Supervisory authority:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Prešov Region
Obrancov mieru 6, Presov
1.2 . By checking the box before sending the order in the form of e-commerce, the buyer expresses that he has read the general terms and conditions in full, understood their content and all conditions, and that he agrees with them.
1.3 The purchase of goods and services through e-commerce can be done by individuals and legal entities, regardless of the legal form.
1.4 The parties agree that the buyer confirms by checking the box before sending the order, and writing a code that will be sent to him in the form of an SMS to his mobile phone or email, that he agrees that these general terms and conditions and their terms and conditions will be apply to all purchase contracts concluded on the e-commerce website operated by the seller, on the basis of which the seller delivers the goods or services presented on the website in question to the buyer (hereinafter “purchase contract”) and all relations between the seller and the buyer especially when concluding a purchase contract and claiming goods, as well as the conditions of the courier service provided by callservis, sro.
1.5 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 different from the general terms and conditions, the provisions of the purchase agreement will take precedence over the general terms and conditions.
1.6 The information about the goods listed in the e-commerce catalog is drawn from publicly available sources and the official website of the manufacturer. The operator of the online store reserves the right to change the information about the goods listed in the e-commerce catalog without prior notice. However, before concluding the purchase contract with the seller, the buyer will be given the main characteristics of the goods or the nature of the service to the extent appropriate to the means of communication used and the goods or services.
ART. 2 – ORDER, ORDERING GOODS AND SERVICES, ORDER CONFIRMATION, METHOD OF CONCLUSION OF PURCHASE AGREEMENT
2.1 Sending the order is not conditioned by the customer’s registration in the database of the online store operator.
2.2 After verifying the availability of goods and valid prices, the online store operator will confirm the order to the customer by email or phone, then the buyer will be sent an SMS code to a mobile phone or email, which he enters when ordering, and by sending an SMS code or confirmation email the buyer confirms that he ordered the goods.
2.3 In the event that the buyer does not take over the goods or services after telephone or e-mail confirmation of the order without prior written withdrawal from the contract, the seller reserves the right to claim damages in the amount of actual costs of an attempt to deliver unsuccessful delivery.
2.4 All received electronic orders are considered a draft contract and are considered binding.
2.5 The purchase contract is concluded by the binding acceptance of the proposal for the conclusion of the purchase contract of the buyer by the seller.
ART. 3 – RIGHTS AND OBLIGATIONS OF THE SELLER
3.1 The seller is obliged to:
deliver the goods or services to the buyer on the basis of the order confirmed by the seller in the agreed quantity, quality and time and pack or equip the goods for transport in the manner necessary for its preservation and protection,
immediately after the conclusion of the purchase contract, but no later than together with the delivery of goods or services to provide the buyer with a confirmation of the conclusion of the purchase contract on a durable medium, for example by e-mail.
to hand over to the buyer at the latest together with the goods in written or electronic form all documents necessary for taking over and using the goods, services and other documents prescribed by valid legal regulations, warranty card, delivery note, tax document, consignment note).
3.2 The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods and services.
3.3 The seller has the right to cancel the order if due to the sale of stock or unavailability of goods is unable to deliver goods, services, to the buyer within the period specified in these terms and conditions or at the price specified in the online store, unless agreed with the customer. The customer will be informed about the cancellation of the order by phone or e-mail and in case of payment of the purchase price or part thereof, the funds will be returned within 14 days of cancellation of the order to the account specified by him, unless otherwise agreed with the seller.
3.4 The seller reserves the right to verify the identity of the buyer or the person authorized to collect the goods, services for personal collection of goods in cases where the delivery of goods by the buyer is paid in advance by card, bank transfer or invoice with due date.
ART. 4 – BUYER’S RIGHTS AND OBLIGATIONS
4.1 The buyer was informed by the seller that part of the order is the obligation to pay the purchase price.
4.2 The buyer is obliged to:
take over purchased or ordered goods, services.
pay the seller the agreed purchase price within the agreed due date, including the cost of delivery of goods,
to confirm the receipt of the goods in the delivery note with your signature or the signature of the person authorized by him, electronic confirmation of receipt of the consignment.
4.3 The buyer 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.
ART. 5 – DELIVERY AND PAYMENT TERMS
5.1 The Goods or Services are sold according to the issued samples, catalogs, type sheets, service specifications and sample books of the seller placed on the website of the seller’s e-shop.
5.2 After issuing the invoice, the goods will be sent to the customer if he ordered this service. The seller will send together with the goods a tax document – invoice, or delivery note and warranty card if it is delivered together with the goods). For courier services, the documents for the goods are handed over by the owner of the goods.
5.3 Unless otherwise agreed, the operator of the online store undertakes to deliver the goods or services to the customer within 30 days of the email confirmation of the order. If the operator has not fulfilled his obligation to deliver the thing, the service within the period under the first sentence, the buyer shall invite him to deliver the thing, the service provided in the additional reasonable period. If the seller does not deliver the item, service even within this additional reasonable period, the buyer is entitled to withdraw from the contract.
5.4 Upon delivery of goods and services, the buyer will visually inspect the shipment if incompleteness or damage is found, rather the minutes with the courier. The buyer is obliged to completely unpack the goods at home immediately after taking over the shipment and find out whether it is mechanically damaged. In the event of mechanical damage, it undertakes to immediately inform the operator of the online store, who will agree with him on further action. Subsequent claims for mechanical damage can only be accepted if the buyer proves that the claimed defects were in the goods at the time of receipt from the carrier. If the delivered consignment is visibly damaged, you do not sign the delivery note to the delivery person until you check the goods under the packaging in his presence! In case of damage to the goods, document the damage (preferably with a photograph), file a complaint with the delivery person and immediately inform the operator about this fact.
5.5 If the buyer unreasonably refuses to take over and pay for the goods properly delivered by cash on delivery without prior written withdrawal from the contract, he hereby undertakes to reimburse the e-shop operator for transport costs and services determined according to the valid price list.
5.6 If the seller delivers the goods to the buyer to the place specified in the purchase contract by the buyer, the buyer is obliged to take over the goods in person or ensure that the goods are taken over by a person authorized to take over the goods specified in the purchase contract and sign a delivery and handover protocol 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 authorization.
5.7 Ownership of the goods passes to the buyer upon receipt of the goods by the buyer.
5.8 The carrier of goods is entitled to unilaterally refuse to procure the transport of the following goods:
- a) goods the transport, storage, ownership or holding of which is prohibited in the Slovak Republic, transit countries or in the country of destination
- b) blood, blood plasma, blood samples
- c) pornographic material
- d) consignments which, due to their characteristics, are not intended for the standard transport of goods and must be transported separately, or for their transport a special permit, the consent of state authorities or a special escort or special protection is required
- (e) live animals and organisms
(f) military material: weapons, ammunition, explosives, rockets, bombs, grenades and means of war, or any imitations;
g) chemical substances, dangerous goods
- (h) a consignment which does not endanger the life, health or safety of persons who come into contact with the consignment
(i) a consignment which clearly contains insufficiently packaged, insufficiently marked packages or if the packages are not sufficiently secured in the means of transport.
5.9.
The carrier of the goods / courier / is not responsible for the violation of the conditions stated in point 5.8, if its activity could not influence the type of transported goods, their packaging.
The seller is responsible for the violation of the conditions, who handed over the goods for transport and is responsible for their packaging as well as for the contents of the shipment. The buyer is responsible if he should have been aware that the required type of goods can not be transported to the destination, respectively. through countries of transport.
ART. 6 – PURCHASE PRICE, POSTAGE AND PACKAGING
6.1 The buyer is obliged to pay the seller the purchase price of the goods agreed in the purchase contract or according to the price list of the seller valid at the time of concluding the purchase contract, including the cost of delivery of goods (hereinafter “purchase price”).
6.2 In the event that the buyer pays the seller the purchase price by non-cash transfer, the day of payment is considered to be the day when the entire purchase price was credited to the seller’s account.
6.3 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 when taking over the goods.
6.4 Payment to the courier is considered a payment to the seller
ART. 7 – ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK OF DAMAGE TO GOODS
7.1. By taking over the goods and services at the agreed place, the ownership of the goods passes to the buyer.
7.2 . The risk of damage to the goods passes to the buyer at the time when he takes over the goods from the seller, or if he does not do so in time, at the time when the seller allows him to dispose of the goods and the buyer does not take over the goods.
ART. 8 – PERSONAL DATA PROCESSING
8.1. The controller has taken appropriate technical, organizational and personnel measures corresponding to the processing of personal data, taking into account in particular the applicable technical means, confidentiality and importance of the processed personal data, as well as the extent of possible risks capable of disrupting the security or functionality of its information systems no. 122/2013 Coll. On personal data protection.
ARTICLE 10 WITHDRAWAL FROM THE CONTRACT
10.1 The buyer can exercise his right to withdraw from the contract within 14 days from the date of delivery of goods, services in writing, by e-mail. The right to withdraw from the contract cannot be exercised by telephone and by sending an SMS message.
10.2 After withdrawing from the purchase contract, the seller will return to the buyer all payments that the buyer has demonstrably made in connection with the conclusion of the purchase contract, in particular the purchase price, including the cost of delivery of goods. However, the seller is not obliged to reimburse the buyer for additional costs if the buyer has chosen a different method of delivery than the cheapest standard method of delivery offered by the seller. Additional costs are the difference between the delivery costs chosen by the buyer and the costs of the cheapest standard delivery method offered by the seller. Payments will be returned to the buyer within 14 days from the date on which the seller receives the buyer’s notice of withdrawal from the purchase contract. Payment will be made in the same way as the buyer used to pay the seller, unless the buyer has agreed with the seller on another method of payment.
10.3 The seller is not obliged to return to the buyer all payments as the goods were delivered to him from the buyer or until the buyer proves the return of the goods to the seller. Payment for the purchased goods will therefore be paid by the seller to the buyer only after delivery of the goods back to the address of the online store.
Art. 11 – LIABILITY FOR DEFECTS
- Details on the rights of the buyer, who is a consumer, arising from liability for defects and the procedure for claiming goods is governed by Return policy , which forms an integral part of these GTC.
- Liability for defects in the goods, including quality assurance, in the relationship that arose between the seller and the buyer, who is not a consumer in accordance with Act no. 250/2007 Coll. On consumer protection, as amended, are governed by the relevant provisions of the Commercial Code.
ART. 12 – FINAL PROVISIONS
12.1. 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.
12.2. In case of doubt, the contracting parties have agreed that the period of use is considered to be the time from delivery of the goods to the buyer (including the date of delivery) to the date of return of the goods to the seller, respectively. by handing over the goods to the courier service for the purpose of their transport to the seller.
12.3. The contracting parties have agreed that communication between them will be carried out mainly electronically in the form of e-mail messages, resp. by letter or by telephone.
12.4. These general terms and conditions take effect against the buyer by sending an electronic order to the buyer.
12.5 By checking the box before sending the order, the buyer confirms that he has read these General Terms and Conditions, understood their content and fully agrees with them.
ART. 13 – ALTERNATIVE DISPUTE RESOLUTION
The rights and obligations of the Contracting Parties from defects in the Goods, in addition to these GTC, are governed by the provisions of the Civil Code and Act no. 250/2007 Coll. on consumer protection.
Consumer purchase contracts are governed by the provisions of the Civil Code.
All disputes arising from Consumer Purchase Contracts concluded under these GTC, including disputes concerning the validity of individual Consumer Purchase Contracts concluded under these GTC and disputes about the validity of these GTC, if the Buyer is a Consumer, will be subject to legal proceedings in the local and competent general court. Slovak Republic.
The provisions of this Article on Alternative Dispute Resolution are not affected by this.
In the event that the Consumer is not satisfied with the equipment of his claim for defects from the Goods or in the event that the Consumer believes that the Seller has otherwise violated his rights, the Consumer has the right to send a request for redress to the Seller. In the event that the Seller rejects such a request, or does not respond to it within 30 days from the date of its sending, the Buyer has the right to file a proposal to initiate alternative dispute resolution under Act no. 391/2015 Coll. on Alternative Dispute Resolution for Consumers (hereinafter also referred to as “Alternative Dispute Resolution”).
Alternative dispute resolution does not apply to disputes with a quantifiable value not exceeding EUR 20.00.
The relevant subject of Alternative Dispute Resolution is the Slovak Trade Inspection or another legal entity registered in the list of Alternative Dispute Resolution entities maintained by the Ministry of Economy of the Slovak Republic and which is available on the website http://www.economy.gov.sk .
The relevant subject for alternative resolution of consumer disputes with the seller is the Inspectorate of the Slovak Trade Inspection in Prešov for the Prešov Region, Obrancov mieru 4675/6, 080 01 Prešov, tel .: 051/772 15 97
The consumer may submit a proposal of the ADR entity in paper form, in electronic form, orally in the minutes, using the form available on the website of the Slovak Trade Inspection (www.soi.sk) or may use the online dispute resolution platform available on the website. EU http://ec.europa.eu/consumers/odr/index_en.htm.
All other rights and obligations of the Seller and the Consumer in connection with Alternative Dispute Resolution are governed by the provisions of Act no. 391/2015 Coll. on alternative dispute resolution for consumer disputes