TERMS AND CONDITIONS
These General Terms and Conditions govern the relations between the seller and the buyer in the sale of goods and services on the website of the electronic store www.profird.sk between the company PROFIX RD, s.r.o. (“the seller”) and its business partners (“the buyer”).
1. GENERAL PROVISIONS
- These terms and conditions have been prepared in accordance with the Civil Code, the Consumer Protection Act and the Electronic Commerce Act, as amended.
- These terms and conditions govern the rights and obligations of the parties arising from the purchase contract concluded between the seller, which is PROFIX RD, sro, Smrečany 219, 032 05 Smrečany, ID number: 46621504, VAT ID number: SK2023486938, registered in the Commercial Register kept by the District Court Žilina, Section: Sro, File No .: 56440 / L, (hereinafter referred to as the “seller”) and the buyer, the subject of which is the purchase and sale of goods on the website of the seller’s e-shop.
- The parties agree that by sending the order to the seller, the buyer confirms his agreement that these terms and conditions will apply to any purchase contract concluded through the seller’s website, under which the seller delivers goods presented on the website to the buyer (hereinafter “purchase contract”) and to all relations between the seller and the buyer, which arose during the conclusion of the purchase contract.
- These general terms and conditions are an integral part of the purchase contract.
- The list of goods on the e-commerce website operated by the seller is a catalog of commonly supplied goods and the seller does not guarantee the immediate availability of all listed goods. The availability of goods is marked for each product in the item “Availability” and will be confirmed for the buyer based on the buyer’s question.
- The seller is bound to the buyer by his offer of goods presented on the seller’s website, including the price, within 24 hours from sending the notification of receipt of the order to the buyer.
2. METHOD OF CONCLUDING A PURCHASE AGREEMENT (ORDER)
1. 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 in one of the following forms:
- the e-mail message of the buyer sent to the seller,
- the form filled in and sent by the buyer on the seller’s website,
- by telephone order from the buyer to the seller.
2. Upon prior acceptance of the order, the seller will issue the buyer a confirmation, marked as “Order Confirmation”, to accept the order by e-mail or telephone. An automatically executed notification of receipt of the order in the electronic system of the seller is not considered as acceptance of the order.
3. The order confirmation by the seller contains the following information:
- availability and delivery date of the goods to the buyer,
- name and price of goods, price of transport,
- the address of the place of delivery of the goods together with the name of the contact person,
- conditions and mode of transport.
3. RIGHTS AND OBLIGATIONS OF THE SELLER
1. The seller is obliged to:
- deliver the goods to the buyer on the basis of the order confirmed by the seller in the agreed quantity, quality, date and pack them in the manner necessary for their protection during transport,
- ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic,
- hand over to the buyer together with the goods in writing instructions in the Slovak language, confirmed warranty card, delivery note and tax document (invoice).
2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
4. BUYER’S RIGHTS AND OBLIGATIONS
1. The buyer is obliged to:
- take over purchased or ordered goods,
- pay the seller the agreed purchase price within the agreed due date, including the cost of delivery of goods,
- confirm in the delivery note the receipt of the goods by his signature or by the signature of the person authorized by him,
- do not damage the seller’s reputation.
2. The buyer has the right to deliver the goods in the quantity, quality, date and place agreed by the parties in the order confirmation.
5. DELIVERY CONDITIONS
- The goods are sold according to the issued samples, catalogs, type sheets and sample books of the seller placed on the website of the seller’s e-shop.
The seller is obliged to fulfill the buyer’s order and deliver the goods to the buyer within 5 working days from the delivery of the goods by the supplier or the manufacturer of the goods to the seller.
- The buyer is obliged to take over the goods at the place specified in the buyer’s order confirmation by the seller. In the event of a delay in the delivery of goods by the seller, the seller is entitled to unilaterally extend the deadline for delivery of goods, even repeatedly, of which the seller will issue a confirmation to the buyer.
- If the buyer does not take over the ordered goods within 14 days from the day when it was available to the buyer, the seller is entitled to withdraw from the purchase contract and sell the goods to a third party. After selling the goods to a third party, the seller will return to the buyer any payment paid.
- The weight, dimensions and other information about the goods contained in the catalogs, brochures and other documents of the seller placed on the website of the seller’s e-shop are non-binding information.
- The buyer is obliged to check the shipment for integrity of the packaging immediately after delivery. If the packaging of the goods is mechanically damaged, the buyer is obliged to notify the carrier of this fact and in his presence to check the condition of the goods under the packaging. In case of damage to the goods, rather the carrier with the buyer’s record, the so-called. damage protocol. On the basis of such a record, the seller will provide the elimination of the defect of the goods, a discount on the goods or, in the case of irreparable defects of the goods, will deliver new goods to the buyer.
- The buyer is entitled to withdraw from the confirmed order in the event of non-delivery of the goods by the seller within 5 working days from the confirmed delivery date. If the buyer has paid for the goods in advance, the seller will return the amount paid by wire transfer to the buyer’s account designated by the buyer, within 3 working days from the delivery of a written withdrawal from the contract.
6. PURCHASE PRICE
- The buyer is obliged to pay the seller the price of goods agreed in the order confirmation, including the cost of delivery of goods (hereinafter “purchase price”) by cash payment at the seller’s registered office, cash on delivery at the place of delivery, cash on delivery via Slovak Post or cashless transfer to the seller’s account. in the order confirmation.
- The seller reserves the right to change the purchase price in the event of a change in legislation, a change in the exchange rate of the Slovak crown and a change in prices from producers or suppliers of goods.
- The buyer is obliged to pay the seller the purchase price for the agreed goods within the period specified in the order confirmation, but no later than upon receipt of the goods.
7. ACQUISITION OF OWNERSHIP AND TRANSFER OF RESPONSIBILITY FOR DAMAGES TO GOODS
- The buyer acquires ownership of the goods until full payment of the full purchase price for the goods.
- Liability for damage to the goods passes to the buyer at the moment when he takes over the goods from the seller, or if he does not do so in time, then at the time when the seller allows him to dispose of the goods and the buyer does not take over the goods.
8. PERSONAL DATA AND PROTECTION
- The seller undertakes to respect the privacy of the buyer. In order for the seller to be able to offer valuable services to the buyer, he needs to know some of the buyer’s personal data. This data protects against misuse.
- If the buyer is a natural person (non-entrepreneur), it is necessary to identify the seller with his name and surname, address of permanent residence, including postal code, delivery address (if different), telephone number and e-mail address.
- If the buyer is a legal entity or sole trader, it is necessary for his accounting identification to notify the seller of his business name, registered office address including postal code, ID number, VAT number, delivery address (if different), telephone number and e-mail address.
- The Buyer declares that he agrees in accordance with Art. § 7 par. 1 of Act no. 428/2002 Coll. on the protection of personal data, as amended, so that the seller processes and stores his personal data. The seller undertakes not to provide this information of the buyer to a third party. The buyer grants the seller this consent for an indefinite period.
- Data on the buyer’s purchases (necessary to ensure the delivery of goods, handling complaints, etc.) are stored in a secure database. The seller undertakes not to provide this information to a third party.
- The buyer may revoke the consent to the processing of personal data at any time in writing. The consent expires within 1 month from the delivery of the revocation of consent by the buyer to the seller.
- The buyer can make changes to personal data by sending an information e-mail to the seller or by editing the data in his customer account.
- By sending the order, the buyer agrees that the seller will send him activity reports (not advertising messages) without the buyer’s prior request to send such messages.
9. WITHDRAWAL FROM THE PURCHASE AGREEMENT (CANCELLATION OF THE ORDER)
1. The seller is entitled to withdraw from the confirmed order if the goods are no longer produced or delivered, or if the price has changed significantly from the supplier of the goods. The seller immediately informs the buyer of this fact and returns the purchase price already paid for the goods, agreed in the confirmed order.
2. The buyer is entitled to withdraw from the confirmed order without giving a reason, at any time before the shipment by e-mail, SMS or telephone without any penalty. If the buyer has paid for the goods in advance, the seller will return the paid purchase price to him by cashless transfer to the buyer’s account designated by the buyer, within 3 working days of delivery of the withdrawal from the contract.
3. The buyer is entitled to withdraw from the confirmed order within 7 working days of receipt of the goods without giving a reason in accordance with Art. § 12 par. 1 of Act no. 108/2000 Coll. on consumer protection in the case of mail order sales, as amended.
4. When withdrawing from the purchase contract according to the previous point, it is necessary to follow the following procedure:
- the buyer sends the seller an e-mail or letter with the following wording: “I want to unilaterally withdraw from the contract of (day.month.year) No. (order number) and I demand a refund of the amount paid for the goods to account No. (correct account number)” . He will also provide his name, address and current date.
- the buyer sends the goods in the form of an insured consignment, or delivers the goods in person to the seller’s registered office, paying the shipping costs.
- the returned goods must be in the original and undamaged packaging, unused, undamaged, complete (including accessories, warranty card, instructions, etc.) and with the original proof of purchase (invoice). Goods returned by cash on delivery are not accepted by the seller.
5. Upon meeting all the above conditions for the return of goods, the seller will send the buyer the purchase price paid by transfer to the account no later than 15 days after the physical receipt of the returned goods. In case of non-fulfillment of any of the above conditions, the seller will not be able to accept withdrawal from the purchase contract and will return the goods at the expense of the buyer.
6. By sending the order to the seller, the buyer confirms that the seller has timely and properly fulfilled its information obligations under Art. § 10 of Act no. 108/2000 Coll., On consumer protection.
10. FINAL PROVISIONS
- 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.
- The parties have agreed that communication between them will take place privately in the form of e-mail messages.
- Legal relations between the seller and the buyer not expressly regulated by these General Terms and Conditions are governed by the relevant provisions of Act no. 22/2004 Coll. on Electronic Commerce, the Civil Code, Act no. 250/2007 Coll. on consumer protection and Act no. 108/2000 Coll. on consumer protection in the case of mail order sales, as amended, as well as related regulations.
- These general terms and conditions take effect against the buyer by concluding a purchase contract.
- By sending the order, the buyer confirms that he has read these general terms and conditions, or the terms and conditions of the seller and the seller’s complaint procedure, got acquainted with their content and fully agrees with them.
In Smrečany 23.4.2012