General Terms and Conditions

	
I. Identification of the trader

1.1.These General Terms and Conditions (hereinafter referred to as "GTC") govern the legal relations between the company

Business name: TVAROVANIE PCHZ, spol. s r.o.

Headquarters: M.R.Štefánika 71, 010 01 Žilina, Slovak Republic

Registered in the Commercial Register of the District Court of Žilina, Section: Sro, Insert No. 11354/L
ID NO.: 36382655

VAT NUMBER: 2020102887

VAT NUMBER: SK2020102887

Bank connection: SK45750000000000000183433123

The seller is a payer of value added tax
(hereinafter also referred to as "Seller" or "Merchant") and any person who is a Buyer of products offered by the Seller on the Seller's Web site and who acts in the position of a consumer within the meaning of other provisions of these General Terms and Conditions and relevant laws defining the consumer, within the framework of the applicable legislation of the Slovak Republic, in particular the following laws: Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended , Act No. 40/1964 Coll. Civil Code as amended.

1.2.Email contact and telephone contact to the Seller is:

Emailkatarina.hazdrova@tvarovanie.sk

Tel: +421 948 522 470

1.3 The address for sending documents, complaints, withdrawals from contracts is:

TVAROVANIE PCHZ, spol. s r.o., M.R.Štefánika 71, 010 01 Žilina, Slovak Republic

II. Definition of terms

2.1.For the purposes of these General Terms and Conditions, the Merchant, in accordance with Act No. 108/2024 Coll. as amended, states and defines the following terms:

2.2.A distance contract is a contract between a trader and a consumer agreed and concluded exclusively by one or more means of distance communication without the simultaneous physical presence of the trader and the consumer, in particular by using an online interface, electronic mail, telephone or an offer catalogue.

2.3.A trader (hereinafter also referred to as "Seller") is a person who, in connection with a consumer contract, an obligation arising therefrom or in the course of a commercial practice, acts in the course of his business or profession, including through another person acting on his behalf or on his behalf.

2.4 A consumer is a natural person who is not acting in the course of his business or profession in connection with a consumer contract, an obligation arising therefrom or a commercial practice.

2.5.A consumer contract is any contract, regardless of its legal form, concluded between a trader and a consumer.

2.6.The buyer is any person (natural person or legal entity) who has sent an order via remote means of communication (e-mail, telephone) or has made an order in person at the address of the registered office.

2.7.Durable medium means a medium which enables the consumer or trader to store information addressed to the consumer or trader for a period of time which corresponds to the purpose fulfilled by the information and in a manner which allows its unchanged reproduction and use in the future, in particular a letter, e-mail, USB stick, CD, DVD, memory card and computer hard drive.

III. Basic Provisions

3.1.These General Terms and Conditions regulate the legal relations between Buyers who are consumers and the Trader

3.2.Contractual relations (as well as other legal relations that may arise from the contractual relationship) with Buyers who do not act in the capacity of a consumer are subject to the provisions of Act No. 513/1991 Coll., the Commercial Code, as amended.

IV. Product order - conclusion of the purchase contract

4.1 Costs incurred by the Purchaser in connection with the conclusion of the Purchase Contract when using remote means of communication (in particular the costs of internet connection and telephone calls) shall be borne by the Purchaser himself. These costs shall not exceed the basic rate of his service provider.

4.2 The Buyer may order the Goods as follows:

4.2.1. by e-mail

4.3 When creating an order, the buyer selects the goods, their quantity, packaging, payment and delivery method.

4.4 Before sending the order, the buyer has the opportunity to check and edit all the entered data. The Seller considers the data provided in the order to be correct. The validity of the order is subject to the completion of all mandatory fields in the order form. By submitting the order, the Buyer confirms that he/she has read these Terms and Conditions. If the Seller confirms the order, a contract of sale shall automatically arise between the Buyer and the Seller.

4.5 Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of its receipt to the e-mail address provided by the Buyer at the time of ordering. The Purchase Contract shall be concluded only at the moment of receipt of the order by the Seller, which shall be notified to the Buyer by e-mail.

4.6 If the Seller is unable to meet any of the requirements set out in the Order, the Seller shall send an amended offer to the Buyer's e-mail address.1This amended offer shall be deemed to be a new draft of the Purchase Contract. In this case, the purchase contract is only concluded by the Buyer's confirmation of acceptance of this amended offer sent to the Seller's e-mail address.

4.7 In case of custom production (production according to customer's drawing or design), the customer is obliged to take 5% extra of the ordered volume in case of overproduction. If the customer orders 200 pcs and the supplier (Tvarovanie PCHZ spol. s r.o.) has overproduction, he can deliver 210 pcs and will be reimbursed the amount for 210 pcs. The quantity delivered can be larger, this must be agreed with the customer.

V. Duration of the Purchase Contract

5.1.The Purchase Contract is concluded for a definite term and expires in particular upon fulfilment of all obligations of the Seller and the Buyer. In particular, the delivery and payment of the products in accordance with the concluded purchase contract. This provision shall be without prejudice to the rights of the Buyer under the statutory liability for defects in the products on the part of the Seller.

VI. Purchase price  information on the purchase price

6.1 Information about the goods, including the prices of the individual items and their main characteristics, is provided for each product in the online shop catalogue or specified in the approved drawings sent by e-mail. The prices quoted for the goods are exclusive of value added tax (VAT), shipping charges and any associated return costs. Prices are valid during the time they are displayed in the online shop or as specified in email communications. The Seller reserves the right to change prices.

6.2 All presentations of the goods in the catalogue of the online store are for informational purposes only and the Seller is not obliged to conclude a contract of sale for these goods.

6.3 Unless otherwise agreed between the Seller and the Buyer, any discounts on the purchase price of the Goods cannot be combined with each other.

VII. Delivery of products

7.1 If the Buyer has chosen as a form of payment for the order payment by deposit or transfer to the Seller's account, the Seller is obliged to fulfill the order and deliver the products to the Buyer within the period agreed in advance  accordance with clause 4.2 et seq. of these GTC and payment of the total price of the order to the Seller. If both conditions set out in clause 7.1. of these GTC have been fulfilled (i.e. if the purchase contract has been concluded and the total price of the order has been paid to the Seller), the Seller is obliged to deliver the Products to the Buyer within a period of no later than 30 days from the date of fulfilment of both these conditions.

7.2 The Goods are delivered to the Buyer as agreed:

7.2.1. to the address specified by the buyer in the order

7.2.2. by personal collection at the Seller's premises

7.3 The choice of delivery method is made during the ordering of the goods.

7.4 The cost of delivery of the Goods depending on the method of dispatch and collection of the Goods shall be specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is arranged at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with this method of delivery.

7.5 If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the Goods upon delivery. If, for reasons on the Buyer's side, it is necessary to deliver the Goods repeatedly or in a different manner than specified in the order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of the Goods or the costs associated with a different method of delivery.

7.6 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. Otherwise the claim will not be accepted. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer is not obliged to accept the shipment from the Carrier and to draw up a claim report with the Carrier.

7.7 The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the Buyer's email address or the tax document is attached to the delivered goods.

VIII. Transfer of ownership

8.1.The title to the sold item and the risk of accidental destruction, accidental deterioration and loss of the item shall pass to the Buyer upon delivery.

IX. Methods of payment

9.1 You may pay for goods and services on the Seller's Website in the following ways:

9.1.1.payment by deposit or transfer to the Seller's account

X. Freight - methods of transport of products and price for their transport

10.1.The purchase price of the goods or services does not include transport costs or other costs related to the delivery of

10.2 Methods of delivery and price for delivery of ordered products:

10.2.1 Forms of Transport:

10.2.1.1.Personal collection

10.2.1.2. Courier company

10.2.2.Prices for Transport:

10.2.2.1.Price for delivery via Courier Service - price valid according to the currently valid price list of the courier company.

XI. Withdrawal of the Buyer from the Purchase Contract without stating a reason

11.1.The consumer has the right to withdraw from the contract concluded at a distance and from the contract concluded outside the business premises of the trader without giving any reason within the time limit pursuant to Article XII, paragraphs 12.1 to 12.3 of these GTC, except for the contract, the subject of which is:

11.2.Provision of a service where the service has been fully provided and the provision of the service has commenced before the expiry of the withdrawal period with the express consent of the consumer and the consumer has declared that he has been duly advised that by expressing his consent he loses the right to withdraw from the contract after the service has been fully provided, if the consumer is obliged to pay the price under the contract,

11.3.Delivery or provision of a product whose price depends on price movements in the financial market which are beyond the trader's control and which may occur during the withdrawal period,

11.4.Delivery of goods made to the consumer's specifications or custom-made goods,

11.5.Delivery of goods subject to rapid deterioration or perishability,

11.6.Delivery of goods enclosed in protective packaging that is not suitable for return for health or hygiene reasons, if the protective packaging has been damaged after delivery,

11.7.Delivery of goods which, due to their nature, may be inextricably mixed with other goods after delivery,

11.8.Delivery of alcoholic beverages, the price of which has been agreed at the time of conclusion of the contract, whereby their delivery can be made after 30 days at the earliest and their price depends on the movement of prices on the market, which cannot be influenced by the trader,

11.9.The performance of urgent repairs or maintenance during a visit to the consumer, which the consumer has expressly requested from the trader; this does not apply to a contract the subject matter of which is the provision of a service other than repair or maintenance and to a contract the subject matter of which is the supply of goods other than spare parts necessary for the performance of the repair or maintenance, if the contracts were concluded during the trader's visit to the consumer and the consumer has not ordered these goods or services in advance,

11.10.Delivery of sound recordings, video recordings, audiovisual recordings or software in protective packaging that has been damaged after delivery,

11.11.Delivery of periodicals except for delivery under a subscription contract,

11.12.Goods purchased at public auction,

11.13.Provision of accommodation services for purposes other than housing, transportation of goods, car rental, provision of catering services or provision of services related to leisure activities, if the contract requires the trader to provide these services at a precisely agreed time or within a precisely agreed period of time.

XII. Exercise of the right of withdrawal from a distance contract and a contract concluded away from the trader's business premises

12.1.The consumer may withdraw from the contract concluded at a distance or from the contract concluded outside the trader's premises within

a)14 days from the date of acceptance of the goods by the consumer pursuant to clause 12.4. the conclusion of a contract the subject of which is the provision of a service,

(b)30 days from the date of conclusion of the contract on or in connection with an unsolicited visit or at or in connection with a sales event.

12.2.If the trader has provided the consumer with specific information regarding the instruction on the consumer's right to withdraw from the contract in the case of a contract concluded at a distance and a contract concluded away from the trader's business premises only subsequently, but no later than 12 months after the start of the withdrawal period pursuant to clause 12.1, the consumer may withdraw from the contract concluded at a distance or from the contract concluded away from the trader's business premises within the following time limits

(a)14 days from the date on which the trader has subsequently complied with the information obligation, if the time limit under 12.1.(a) has expired, or

(b)30 days from the date on which the trader subsequently complied with the information obligation, if the time limit under paragraph 12.1(b) applies.

12.3.If the trader has not provided the consumer with specific information regarding the instruction on the consumer's right to withdraw from the contract in the case of a contract concluded at a distance and a contract concluded away from the trader's business premises, even according to paragraph 12.2, the consumer may withdraw from the contract concluded at a distance or from the contract concluded away from the trader's business premises within 12 months from the expiry of the period according to paragraph 12.1.

12.4.The goods shall be deemed to have been accepted by the consumer at the moment when the consumer or a third party designated by the consumer, other than the carrier, accepts all parts of the ordered goods, or if

a)the goods ordered by the consumer in one order shall be delivered separately, at the moment of receipt of the goods that were delivered last,

(b) he delivers goods consisting of several parts or pieces, at the time of taking delivery of the last part or piece,

(c)he delivers the goods repeatedly over a period of time, from the moment of receipt of the first goods.

12.5.The consumer may withdraw from a contract concluded at a distance or from a contract concluded away from the trader's premises, the subject of which is the delivery of goods, even before the withdrawal period has started.

12.6.The consumer may exercise the right of withdrawal from a contract concluded at a distance or from a contract concluded outside the trader's business premises in a written form or in the form of a record on another durable medium and, if the contract was concluded orally, any unambiguously formulated statement of the consumer expressing the consumer's will to withdraw from the contract (hereinafter referred to as the "withdrawal notice") shall be sufficient to exercise the consumer's right of withdrawal from the contract. The consumer may use the model withdrawal form.

12.7.The withdrawal period pursuant to paragraphs 12.1 to 12.3 shall be deemed to have been observed if the consumer sends a withdrawal notice to the trader no later than on the last day of the period.

12.8.The consumer may withdraw from the contract only in relation to a specific product or products, if the trader has delivered or provided several products on the basis of a distance contract or a contract concluded outside the trader's premises.

12.9.The burden of proof of the exercise of the right of withdrawal shall be borne by the consumer.

XIII. Consumer's rights and obligations after withdrawal from a distance contract and a contract concluded away from the trader's business premises

13.1.Within 14 days from the date of withdrawal from the distance contract or from the contract concluded outside the trader's premises pursuant to point 12.1, the consumer is obliged to send the goods back or hand them over to the trader or to a person designated by the trader to take over the goods; this does not apply if the trader proposes to collect the goods personally or through a person designated by the trader. The time limit referred to in the first sentence shall be deemed to have been complied with if the consumer sends the goods to the trader no later than the last day of the time limit.

13.2.When withdrawing from a distance contract or a contract concluded away from the trader's premises pursuant to point 12.1, the consumer shall only bear the costs of returning the goods to the trader or to the person designated by the trader to receive the goods; this does not apply if the trader has agreed to bear the costs himself or if the trader has failed to fulfil the information obligation, i.e. if the trader has not provided the consumer with specific information regarding the instruction on the consumer's right to withdraw from the contract in the case of a distance contract and a contract concluded away from the trader's premises.

13.3.The consumer is liable for the reduction in the value of the goods resulting from the handling of the goods beyond the handling necessary to ascertain the characteristics and functionality of the goods; this does not apply if the trader has failed to comply with the information obligation pursuant to Section 15(1)(f) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended.

13.4.The consumer is obliged to pay the merchant the price for the performance actually provided until the date of delivery of the notice of withdrawal from the contract, if the consumer pursuant to § 19 paragraph 1 of Act No. 108/2024 Coll. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended, withdraws from a contract concluded at a distance or from a contract concluded away from the trader's premises, the subject of which is the provision of a service, before the commencement of the provision of the performance, has given his/her express consent pursuant to Section 17(10)(c) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, as amended. The price for the performance actually provided shall be calculated proportionally on the basis of the total price agreed in the contract. The price for the performance actually provided shall be calculated on the basis of the market price of the performance provided, if the total price agreed in the contract is overestimated.

13.5.The Consumer shall not incur any further obligations or costs from exercising the right to withdraw from a distance contract or a contract concluded outside the trader's business premises pursuant to 11.1. except for the obligations pursuant to 13.1., 13.3. to 13.5. and the obligation to pay additional costs pursuant to 14.3.

XIV. The rights and obligations of the trader after the withdrawal of the consumer from the contract concluded at a distance and from the contract concluded away from the trader's premises

14.1.The trader is obliged to return to the consumer all payments received from him on the basis of or in connection with a distance contract, a contract concluded away from the trader's premises or a supplementary contract, including the costs of transport, delivery, postage and other costs and fees, within 14 days from the date of receipt of the notice of withdrawal from the contract.

14.2.The trader is obliged to return to the consumer all payments under paragraph 14.1. to the extent corresponding to the withdrawal from the contract, unless the consumer has withdrawn from the entire distance contract or from the entire contract concluded outside the trader's premises. The trader may not charge the consumer additional costs for transport, delivery, postage and other costs and charges.

14.3.The trader is not obliged to pay additional costs to the consumer if the consumer has expressly chosen a delivery method other than the cheapest normal delivery method offered by the trader. Additional costs means the difference between the cost of delivery chosen by the consumer and the cost of the cheapest normal method of delivery offered by the trader.

14.4.The trader shall not be obliged to refund the consumer the payments under point 14.1 upon withdrawal from a distance contract or a contract concluded outside the trader's premises, the subject of which is the delivery of goods, before the goods are delivered to the consumer or until the consumer proves that the goods have been sent back to the trader, unless the trader proposes to collect the goods in person or through a person designated by the trader.

14.5.The trader is obliged to return the payments to the consumer according to point 14.1. in the same way as the consumer used for their payment; this is without prejudice to the right of the trader to agree with the consumer on a different method of payment, if the consumer will not be charged any fees in connection with the payment.

14.6.The trader is obliged to arrange collection of the goods at his own expense within the time limit according to paragraph 14.1., if on the basis of a contract concluded outside the trader's premises the goods were delivered to the consumer's home at the time of conclusion of the contract and taking into account the nature of the goods it is not possible to send the goods back to the trader by post.

14.7.The unilateral set-off of claims of the trader and the consumer arising from the withdrawal from the contract according to clause 11.1 is prohibited.

XV. Supervisory Authority

15.1.The competent authority exercising supervision over legality in the field of consumer protection is:

SOI Inspectorate for Žilina Region

Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1

Supervision Department

tel. no. 041/763 21 30, 041/724 58 68

web link for submitting complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

XVI. Alternative Dispute Resolution

16.1.If the Consumer is not satisfied with the manner in which the Seller has handled his/her complaint or believes that the Seller has violated his/her rights, the Buyer has the right to contact the Seller with a request for redress. If the Seller responds to the Consumer's request under the preceding sentence in a negative manner or fails to respond to such a request within 30 days from the date of its dispatch by the Consumer, the Consumer shall have the right to file a motion for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as amended. The competent entity for alternative dispute resolution of consumer disputes with the Seller is the Slovak Trade Inspection (contact https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another competent 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/, or directly at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

The consumer has the right to choose to which of the above alternative dispute resolution entities to turn. The consumer may use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ or directly on the website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage to submit a proposal for alternative dispute resolution of his/her consumer dispute. Alternative dispute resolution can only be used by the Buyer who is acting in the capacity of a consumer when concluding and performing the contract. Alternative Dispute Resolution applies only to a dispute between a consumer and the Seller arising out of or relating to a consumer contract. Alternative dispute resolution applies only to distance contracts. The ADR entity may reject the proposal if the quantifiable value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT.

All other information regarding alternative dispute resolution between the Seller and the Buyer - consumer arising from the Purchase Contract as a consumer contract or related to the Purchase Contract as a consumer contract is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended.

XVII. Information on adopted codes

17.1.The Merchant informs Consumers that there are no specific relevant codes of conduct to which the Seller has committed itself to adhere, a code of conduct being an agreement or set of rules that define the Seller's conduct, which the Seller has undertaken to comply with this Code of Conduct in relation to one or more specific business practices or business sectors, unless these are provided for by law or by other legislation or action of a public authority, which the Seller has undertaken to comply with, and the manner in which the Consumer may become aware of them or obtain their text.

XVIII. Consumer evaluation of products

18.1.The Merchant does not control and limit the evaluation of products only to persons who have purchased the product from the Merchant.

XIX. Final Provisions

19.1.The Seller reserves the right to change the General Terms and Conditions. The obligation of written notification of the change of the General Terms and Conditions is fulfilled by placing it on the Seller's Website. In the event of a change in the General Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Terms and Conditions valid and effective at the time of conclusion of the Purchase and Sale Contract until its termination.

19.2.These General Terms and Conditions form an integral part of the Complaints Policy and the Privacy Policy and Privacy Notice of this Website. The documents - the Complaints Policy and the Privacy Policy and Privacy Notice of this Website are published on the domain of the Seller's Website.

19.3.These General Terms and Conditions shall come into force and effect upon their publication on the Seller's Website on 09.05.2025.