These Terms and Conditions govern the relationship between seller and buyer in the sale of goods and services on the e-commerce website www.profird.sk between PROFIX RD, s.r.o. (hereinafter referred to as the “Seller”) and its business partners (the “Buyer”).
1. GENERAL PROVISIONS
These business terms have been processed pursuant to the Civil Code, the Consumer Protection Act and the Electronic Commerce Act, as amended.
These Business Terms and Conditions govern the rights and obligations of the parties arising out of the purchase agreement concluded between the seller, namely PROFIX RD, sro, Smrečany 219, 032 05 Smrečany, ID: 46621504, VAT No .: SK2023486938, registered in the District Court of Žilina, Ltd., Insert No .: 56440 / L, (hereinafter referred to as the “Seller”) and buyer, whose object is the purchase and sale of goods on the Seller’s e-shop website.
The parties agree that the Buyer sends an order to the Seller confirming their agreement that these terms and conditions will apply to each purchase contract concluded through the Seller’s website, whereby the Seller will deliver the goods presented on the Website to the Purchaser (hereinafter referred to as “purchase contract”) and all relations between the seller and the buyer arising from the conclusion of the purchase contract.
These General Terms and Conditions are an integral part of the Purchase Agreement.
The inventory 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 the goods mentioned. The availability of the goods is marked for each item under the “Availability” item and will be confirmed to the buyer based on the buyer’s question.
The seller is bound by the buyer’s offer of goods presented on the seller’s website, including the price, within 24 hours of sending the notice of receipt of the order to the buyer.
2. METHOD OF CONCLUDING THE BUILDING CONTRACT (ORDER)
The purchase contract is concluded by the binding acceptance of the proposal for the conclusion of the buyer’s purchase contract by the seller in one of the following forms:
e-mail message of the buyer sent to the seller,
the buyer’s completed and submitted form on the seller’s website,
by the buyer’s telephone order to the seller.
Upon receipt of the order, the seller will give the buyer a confirmation, marked as “Order Confirmation”, accepting the order by e-mail or by phone. An automatic notification of receipt of an order to the vendor’s electronic system is not considered acceptance of the order.
Confirmation of the order by the seller includes the following information:
availability and delivery date of the goods to the buyer,
the name and price of the goods, the cost 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
Seller is required to:
to deliver, on the basis of an order confirmed by the seller to the buyer, the goods in the agreed quantity, quality, time and packaging in the manner necessary to protect it in transit,
to ensure that the delivered goods comply with the applicable Slovak legislation,
send the buyer, together with the goods in written form, instructions in the Slovak language, confirmed warranty certificate, delivery note and tax invoice (invoice).
The seller has the right to a proper and timely payment of the purchase price from the buyer for the delivered goods.
4. RIGHTS AND OBLIGATIONS OF THE BUYER
Buyer is required to:
download purchased or ordered goods,
to pay the seller the agreed purchase price within the agreed maturity period, including the cost of delivery of the goods,
confirm in the delivery note the taking over of the goods with their signature or signature by the person authorized to do so,
do not damage the seller’s good business name.
The buyer has the right to deliver the goods in the quantity, quality, time and place agreed by the parties in the order confirmation.
5. SUPPLEMENTARY CONDITIONS
The item is sold based on the exhibited models, catalogs, datasheets and samplers of the seller placed on the seller’s e-shop website.
The seller is required to deliver the buyer’s order and deliver the goods to the buyer within 5 business days of delivery of the goods by the supplier or the producer of the goods to the seller.
The buyer is obliged to take over the goods on the spot, which is stated in the buyer’s order confirmation to the seller. In the event of a delay in delivery of the goods by the seller, the seller is entitled to unilaterally extend the delivery period, even repeatedly, for which the seller gives the buyer a receipt. If the buyer does not receive the ordered goods within 14 days of the day he was available to the buyer, the seller is entitled to withdraw from the purchase contract and sell the goods to a third party. After the goods have been sold to a third party, the seller shall return the prepayment to the buyer.
The weight, dimensions and other details of the goods contained in the seller’s catalogs, prospectuses, and other documents placed on the seller’s e-shop are non-binding details.
The buyer is required to check the consignment for the 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 to check the condition of the goods under its packaging in its presence. If the goods are found to be damaged, the carrier with the buyer records the so-called ” damage protocol. On the basis of such a record, the seller will provide for the removal of the defect of the goods, the rebate on the goods or, in the case of unrecoverable defects, the goods to the new buyer.
The buyer is entitled to withdraw from the confirmed order in the event of failure to deliver the goods to the seller within 5 working days of the confirmed delivery date. Where the buyer has paid for the goods in advance, the seller shall return the amount paid to him by non-cash transfer to the purchaser’s account specified by the buyer within 3 working days of receipt of the written withdrawal from the contract.
6. BUY PRICE
Buyer is obliged to pay to the seller the price of the goods agreed upon on the order confirmation, including the delivery cost of the goods (hereinafter referred to as the “purchase price”) by cash payment at the seller’s head office, by delivery at the place of delivery, by mail via Slovak Post or by wire transfer to the account of the seller in order confirmation.
The seller reserves the right to change the purchase price in the event of a change in legislation, changes in the Slovak koruna exchange rate and changes 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 time specified in the order confirmation, but at the latest when the goods are taken over.
7. INVESTIGATION OF OWNERSHIP AND TRANSFER OF LIABILITY FOR DUTY
The buyer acquires ownership of the goods until the full purchase price for the goods is paid in full.
Liability for damage to the goods passes to the buyer at the moment when the goods are taken over by the seller or when it does not take place in time, then at a time when the seller will allow him to dispose of the goods and the buyer will not accept the goods.
8. PERSONAL DATA AND ITS PROTECTION
The seller commits to respect the buyer’s privacy. In order for the seller to offer valuable services to the buyer, he / she needs to know some of the buyer’s personal information. This data protects against abuse.
If the buyer is a natural person (non-business), it is necessary for his identification to notify the seller of his name and surname, permanent address, including postcode, delivery address (if different), phone number and e-mail address.
If the buyer is a legal person or tradesman, it is necessary for his account identification to notify the seller of his business name, address, including postal code, ID, VAT ID, shipping address (if different), phone number and e-mail address.
The Buyer declares that he agrees in accordance with § 7 par. 1 of Act no. 428/2002 Z.z. on the Protection of Personal Data as amended, to process and store the personal data provided by the Seller. Seller agrees not to provide this information to a third party. The buyer grants the seller this permission for an indefinite period of time.
Purchaser purchases data (needed to secure the supply of goods, handling complaints, and so on) are stored in a secure database. Seller agrees not to provide this information to a third party.
The buyer may withdraw consent to the processing of personal data at any time in writing. Consent expires within 1 month of receipt of the revocation of consent by the buyer to the seller.
Changes to personal data can be made by the buyer by sending an email to the seller or by editing the data in their customer account.
By sending the order, the buyer expresses his / her consent to the seller sending him / her activity reports (not advertising messages) without the buyer’s prior request to send such messages.
9. WITHDRAWAL OF THE BUILDING AGREEMENT (CANCELLATION OF ORDER)
The seller is entitled to withdraw from a confirmed order if the goods are no longer manufactured or delivered or if the price has changed significantly from the supplier. The seller immediately informs the buyer and returns the already paid purchase price for the goods agreed in the confirmed order.
The buyer is entitled to withdraw from the confirmed order without giving any reason, at any time prior to the expedition, by e-mail, SMS or by telephone, without any penalty. If the buyer has paid for the goods in advance, the seller shall return the paid purchase price to him by non-cash transfer to the purchaser’s account designated by the buyer within 3 working days of delivery of the withdrawal.
The buyer is entitled to withdraw from the confirmed order within 7 working days of receipt of the goods without giving any reason in accordance with the provisions of art. § 12 par. 1 of Act no. 108/2000 Z.z. on consumer protection in the case of postal sales as amended.
The following procedure should be followed when withdrawing from a purchase contract under the previous item:
the buyer will send the seller an e-mail or letter with the following wording: “I want to unilaterally withdraw from contract from day (day.m.year.year) No. (order number) and request a refund of the amount paid for goods in account no (correct account number)” . It will then give you your name, address, and current date.
the buyer sends the goods in the form of an insured item or delivers the goods personally to the seller’s home, paying the shipping costs.
returned goods must be in original and undamaged packaging, unused, undamaged, complete (including accessories, warranty card, instructions, etc.) and original purchase receipt (invoice). Goods returned in the form of a delivery note are not accepted by the seller.
Upon fulfillment of all the above conditions for returning the goods, the seller will send the purchased purchase price to the purchaser by transfer to the account, not later than 15 days after the physical return of the returned goods. In the event of failure to comply with any of the above conditions, the seller will not be able to accept withdrawal from the purchase contract and return the goods back to the buyer’s expense.
The Buyer, by sending the order to the Seller, confirms that the Seller has fulfilled his information obligations in a timely and proper manner. Section 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 in writing changes to these General Terms and Conditions is met by placement on the Seller’s e-commerce site.
The parties have agreed that communication between them will be done privately in the form of e-mail messages.
The legal relations of the seller and the buyer not expressly regulated by these General Business Terms are governed by the relevant provisions of Act no. 22/2004 Z.z. on electronic commerce, the Civil Code, Act no. 250/2007 Z.z. on Consumer Protection and Act No. 108/2000 Z.z. on Consumer Protection in Mail Sale, as amended, as well as related regulations.
These General Business Terms become effective against the buyer by entering into a purchase contract.
By sending an order, the Buyer confirms that these General Terms and Conditions, Seller’s Terms of Sale, and Sales Claims, has read and understood their content and agrees to their full extent.
In Smrečany 23.4.2012