Business conditions
General business conditions of the online store (e-shop)
Article I.
Definitions
The operator of the website (e-shop) is Ing. Vlasta Kelemenová, with its registered office at Kukučínova 424/35, 94201 Šurany.
The seller is Ing. Vlasta Kelemenová, with its registered office at Kukučínova 424/35, 94201 Šurany.
The supplier of goods and services offered in the e-shop www.becopack.sk is Ing. Vlasta Kelemenová, with its registered office at Kukučínova 424/35, 94201 Šurany.
The buyer is every e-shop visitor who has created a binding order through the e-shop. For the purposes of the Act, in particular Act No. 102/2014 Coll. "consumer" means a natural person who, in concluding and performing a consumer contract, is not acting within the scope of his business, employment or profession.
An e-shop is a computer system located on the Internet with public access that allows you to order goods and services remotely via an electronic device.
The goods or services are all products published on the e-shop pages that can be ordered (they have the stated price and this is not zero).
The buyer fully recognizes electronic communication, especially through the e-shop, e-mail communication as well as telephone communication, unless it is clear that the seller communicates with the buyer or his authorized person.
These general terms and conditions apply to the relationship between the seller and the buyer, which arose otherwise than through electronic devices at a distance and is not a relationship between the information society service provider and the recipient of information society services, only to the extent necessary in accordance with the law and the , unless otherwise agreed between them.
Article II
The price
All listed prices for goods and services are final. We are not VAT payers.
The seller is bound by the price stated on the e-shop website at the time of purchase.
Article III
Order
The order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including the complete completion of the order form and its sending to the seller. For the correct and proper processing of the order, it is necessary to fill in the required data in the order and choose the transport and payment options for the ordered goods or services.
By sending the order, the buyer agrees with the price of the ordered goods and services. By sending it, the order becomes binding for the buyer, ie it is a proposal to conclude a purchase contract with the seller.
After sending the order in the e-shop, the buyer is automatically generated and sent an information e-mail that the seller has delivered the buyer's order for processing by the e-shop. This e-mail is not a confirmation of the goods within the meaning of para. 4. of this Article.
Confirmation of the order by the seller creates a purchase contract, which can be amended or supplemented only by mutual agreement between the buyer and the seller, unless otherwise provided by law or regulation. The confirmation of the order by the seller is an electronic message of the seller sent to the buyer's e-mail address or a short text message sent to the buyer's mobile phone number, which the buyer stated in his order with information to what extent the acceptance of the buyer's order is undisputed. The electronic message of the seller, which does not confirm the buyer's order, rejects or rejects, respectively. otherwise he clearly does not accept the rejection of the buyer's order.
If the seller is not able to fulfill the order or part thereof within the deadline for processing the order with maximum effort, for reasons such as that the goods are not produced, are not available at the manufacturer or in the external warehouse of the supplier, the manufacturer has made such significant changes for which it is not possible to execute the order or for reasons of force majeure, the seller can cancel the order and send the buyer an e-mail. The seller also has the right to cancel the order if the buyer has provided false or misleading information in the order that cannot be verified, such as incorrect e-mail, telephone contact or incorrect or non-existent address. If the buyer has paid the advance, the seller is obliged to return the advance within 14 days.
If the seller is not able to fulfill the order or part thereof within the deadline for processing the order with maximum effort, for reasons such as that the goods are not produced, are not available at the manufacturer or in the external warehouse of the supplier, the manufacturer has made such significant changes for which it is not possible to execute the order or for reasons of force majeure, the seller can cancel the order and send the buyer an e-mail. The seller also has the right to cancel the order if the buyer has provided false or misleading information in the order that cannot be verified, such as incorrect e-mail, telephone contact or incorrect or non-existent address. If the buyer has paid the advance, the seller is obliged to return the advance within 14 days.
Article IV.
Terms of payment
It is possible to pay for goods and services in the e-shop in the following ways:
cash on delivery (you pay directly to the courier when you pick up the goods)
payment on the basis of an advance invoice - in advance, the goods will be dispatched upon receipt of funds on our account,
payment on the basis of a gift voucher.
A gift voucher is a prepaid amount of money that a buyer can use to make a purchase based on a sufficient amount of free prepaid funds. The validity date of the coupon is indicated on it. The nominal value of the gift voucher can be agreed with the buyer.
Supplements for individual payment options are listed in Art. VI of these General Terms and Conditions.
The seller may provide the buyer with discounts:
discount from the price for registration in the e-shop,
re-purchase discount,
discount based on a one-time discount coupon,
Discounts cannot be cumulated.
Article V.
Terms of Delivery
The seller is obliged to send the goods to the buyer within 30 days of creating the order, unless otherwise agreed, or if the goods did not specify a longer delivery time.
If the goods are in stock, they are shipped according to capacity as soon as possible.
If there are several goods and services in the order and some of them are not in stock, we will inform the buyer with the possibility of partial deliveries.
An invoice (tax document), instructions as well as other documents on the goods or services from the manufacturer are sent to the customer together with the goods.
The place of performance is considered to be the place to which the goods are delivered.
The seller provides transport to the buyer through:
a. Slovenská pošta, a.s.,
Article VI.
Shipping, packaging and payment options
When paying in advance to a bank account on the basis of an advance invoice or through payment gateways, we charge for transport:
for transport by Slovak Post with delivery 2 working days after dispatch from our warehouse - 1.90 € or 3 € (package to post).
When paying by cash on delivery (you pay when you pick up the courier):
for transport by Slovak Post with delivery 2 working days after dispatch from our warehouse - 2.90 € or 4 € (package to post).
The above fees apply to transport to the territory of the Slovak Republic.
The seller may also agree with the buyer on a procedure other than the standard (above) procedure for sending goods or services as well as prices for these services.
The seller can send goods that are immediately available to the buyer and deliver the rest of the order additionally within the legal period, but provided that the buyer will not be charged any additional postage, other than that included in the order.
Article VII
Transfer of ownership
Ownership passes from the seller to the buyer at the time of taking over the thing from the seller or carrier.
Article VIII
Cancellation of the purchase contract
The buyer has the right to cancel the ordered goods or services within 24 hours of the creation of the purchase contract without cancellation fee for the goods that are manufactured to order, according to the specific requirements of the consumer or specifically for one consumer.
Article IX
The consumer's right to return the goods without giving a reason and the consumer's instructions
Pursuant to Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance or off-premises contract of the seller and on the amendment of certain laws (hereinafter the "Act") under the provisions of § 7 et seq. days from the day of taking over the goods, if the seller has fulfilled the information obligations under this Act, for other cases, para. 2 or 3 of the Act. If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract before the delivery of goods.
If the consumer wants to exercise this right, he is obliged to deliver the written withdrawal from the purchase contract in person to the seller's contact address during its opening hours no later than the last day of the specified period or to submit this withdrawal by post no later than the last day of the period to the address specified in contacts, or such exercise of the right can also be applied in the form of a record on another durable medium. After notifying the withdrawal from the contract, the consumer is obliged to send or deliver the subject of the contract from which he withdraws together with all documentation - e.g. the original invoice, instructions and other documentation for the goods, which was delivered to him together with the goods, but no later than within 14 days from the date of withdrawal (§10 paragraph 1 of the Act). We recommend that buyers make a copy of the invoice for their own use and send the goods by registered mail and as an insured shipment. You can use the following form to withdraw from the contract: Withdrawals from the purchase contract, in which it is necessary to fill in the minimum data marked with an "*" - an asterisk. (http://www.nakupujbezpecne.sk/docs/form/odstupenie%20od%20zmluvy.pdf).
Do not send the goods to us on delivery, the shipment will not be accepted.
The e-shop operator will return the paid performance for the goods / service, including transport costs in accordance with Art. §9 par. 3) of Act no. 102/2014 Coll. as well as costs demonstrably incurred to order the goods within 14 days from the date of delivery of the withdrawal from the contract, but do not have to return the money before the goods are delivered or the consumer does not prove the shipment, this does not apply if the seller suggested picking the goods himself.
The cost of returning the goods is borne by the consumer.
The right to withdraw from the contract does not apply to goods and services, which are defined in §7 par. 6 letter a) to l) of Act no. 102/2014. Z.z.
The consumer bears any reduction in the value of the goods caused by its use beyond what is necessary to determine the functionality and properties of the goods
Article X.
Rights and obligations of the contracting parties
The seller and the buyer are considered to be the contracting parties.
The buyer is obliged to:
take over the ordered goods,
pay the agreed remuneration to the seller for the goods taken over,
check the integrity of the packaging or and the goods themselves when taking them over.
The seller is obliged to:
deliver the goods to the customer in the required quality, quantity and at the agreed price,
together with the goods or additionally send to the customer all documents for the goods such as the invoice for the goods, complaint form, operating instructions in the codified form of the Slovak language.
Article XI.
Privacy
Personal data are processed in accordance with Act no. 18/2018 Coll. on the protection of personal data, as amended.
The Operator does not provide the Buyer's personal data to a third party, except for the selected transport company that ensures the delivery of goods or services, or to state authorities in the case of control, or to an intermediary on the basis of a mutual contract concluded under Act no. 18/2018 Z.z.
The operator is obliged to secure personal data before making them available to unauthorized persons, by taking appropriate technical and organizational measures. Also, all employees of the operator are obliged to maintain confidentiality in relation to personal data.
The person concerned has the rights defined in the provisions of Art. § 19 et seq. Act no. 18/2018 Z.z. on the protection of personal data, as amended, namely:
a) the right to information which is fulfilled by these content and business conditions,
b) the right to request access to personal data concerning the data subject - § 21 of the Act lies in your right to request how and for what purposes your data is processed, and you can address this request to the contact e-mail.
c) the right to correct personal data - § 22 of the Act allows you to correct personal data if they are out of date,
d) the right to delete personal data - § 23 of the Act you will use if you are not interested in the operator's further processing of personal data,
e) the right to restrict the processing of personal data - you will exercise § 24 of the Act if you believe that personal data have been processed in violation of the law,
f) the right to object to the processing of personal data - § 27 of the Act,
g) the right to the transfer of personal data,
(h) the right to lodge a complaint with the supervisory authority in relation to the personal data processed.
The Operator obtains the following personal data from the buyer: title, name, surname, address, delivery address, billing address, telephone number, e-mail address, which are processed for the purpose of correct processing of your order. This personal data is stored for 10 years for archiving purposes. As part of the order processing, personal data is processed for the purpose of issuing invoices, issuing stock (delivery) letters, providing transport as well as accounting in accounting.
This site records your IP address, time information, how much time you spend browsing those sites, and information about which sites you come to us from. Cookies are text files that are stored on your computer and are also used to measure site traffic and customize the display of the site, and thanks to these files we can offer you better content. Therefore, we perceive these files as our legitimate interest. Some cookies are third-party files, e.g. Youtube, Google and the like.
You can delete cookies at any time or set their collection directly in the Internet browser settings. If you want to refuse the collection of cookies, set this in your internet browser.
If the buyer has agreed to the processing of personal data in the e-shop for the purposes of e-mail marketing, he has agreed to the sending of e-mail messages to the contact e-mail address.
Personal information for email marketing purposes to the extent of first and last name, email address are provided for a period of five years. This personal data is not provided to third parties.
The buyer can revoke his consent at any time by sending an Appeal with the processing of personal data, which we will delete immediately. You can also log out by unchecking the box in the user's user account (if the buyer has requested the creation of a user account). We will no longer use the personal information you provide for the purposes of email marketing.
Article XII
Compensation for non-acceptance of goods
The seller has the right to compensation (according to the provisions of § 420 et seq. Of the Civil Code), if the buyer ordered goods that did not cancel or. did not withdraw from the contract and at the same time did not take over the goods from the carrier or, at the request of the seller, in the case of choosing a personal collection, did not take over the goods within the specified time limit for collection. By doing so, the buyer has breached its obligation set out in Art. X point 2 (a), according to which the buyer is obliged to take over the ordered goods.
In determining the amount of damages, the seller takes into account the transport costs and associated fees for shipping, costs associated with packaging, shipping and administration of the order, as well as all other costs incurred with the implementation of the order and also has the right to charge lost profit.
The seller also has the right not to exercise the right to damages or to exercise this right only in part.
Article XIII
Final provisions
The seller reserves the right to change and amend these general terms and conditions and complaint conditions without prior notice to the buyer. In the event of a change in the general terms and conditions or complaint conditions, the entire purchase process is governed by those general terms and conditions that were valid at the time of sending the order to the buyer and these are available on the seller's website.
Complaint conditions are an integral part of these general terms and conditions.
By sending the order, the buyer has read the general terms and conditions as well as the complaint conditions.
These conditions were developed within the certification project of the e-shop nakupujbezpecne.sk
These general terms and conditions and complaint conditions are available at the company's headquarters for inspection by buyers, as well as are published on the e-shop website.
If the consumer is not satisfied with the way in which the seller has handled his complaint or if he considers that the seller has infringed his rights, he has the opportunity to turn to the seller for a request for redress. If the seller responds to the request for redress or does not respond to it within 30 days from the date of its dispatch, the consumer has in accordance with § 12 of Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Acts. The Competent Entity for Alternative Dispute Resolution with the e-shop operator is the Slovak Trade Inspection Authority (www.soi.sk) or another relevant authorized legal entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic (http: //www.economy. gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov), while the consumer has the right to choose which of the above subjects of alternative resolution of consumer disputes to contact . At the same time, the consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative dispute resolution proposal. The consumer will find information on application fees on the website of a specific ADR entity.
Otherwise unregulated relations in these general business conditions as in their inseparable parts (annexes) are governed by the relevant provisions, in particular Act no. 40/1964 Coll., Act no. 250/2007 Coll., Act no. 102/2014 Coll., Act no. 18/2018 Coll., Act no. 22/2004 Coll. as well as Act no. 513/1991 Coll.
In the case of concluding another contract with the buyer with different conditions, the conditions stated in the contract take precedence over the general terms and conditions.
These General Terms and Conditions, including their integral parts, enter into force and effect on 10 June 2019.
In Šurany, 10.06.2019
