TERMS AND CONDITIONS
I. Basic provision
1. These general terms and conditions (hereinafter referred to as "terms and conditions") are in accordance with the provisions of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as "the Civil Code"), Act No. 250/2007 Coll., on Consumer Protection and on Amendments to Act No. 372/1990 Coll. of the Slovak National Council on Offences, as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Purchase Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to certain Acts (hereinafter referred to as the "Act on Consumer Protection in Distance Purchasing")
Tvarovanie PCHZ spol. s.r.o.
ID NO: 36382655
VAT ID: SK2020102887
registered office: M. R. Štefánika 71, 010 01 Žilina, registered in the Commercial Register of the District Court in Žilina, Commercial Register SRO 11354/L.
phone: +421 948 522 470
(hereinafter referred to as the "Seller")
2. These terms and conditions state the mutual rights and obligations between the Seller and the natural or legal person who concludes a purchase contract (hereinafter referred to as the "Buyer") via the website www.tvarovanie.sk (hereinafter referred to as the "Online Shop") or via email communication.
3. The provisions of the terms and conditions are an integral part of the purchase contract, which is concluded by confirming the order. Different arrangements in the purchase contract (for example agreed on via email) take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in the English language, in case of any language discrepancy, the Slovak version of the terms and conditions is valid. Any legal proceedings that emerge from the purchase contract shall be solved in Slovak courts and according to Slovak laws.
II. Information on goods and prices
1. Information on the goods, including the prices of the individual goods and their main characteristics, is given for each individual product in the catalogue of the online shop or is set out in accordance with approved drawings in email correspondence. The prices of the goods exclude value added tax, transport and all related charges and return costs, if not otherwise stated. The prices of the goods remain valid for the period of time they are displayed in the online shop or stated in email communication. We reserve the right to change.
2. All presentations of the goods placed in the catalogue of the online shop are informative and the seller is not obliged to enter into a purchase contract in respect of these goods.
3. Information on the costs associated with the packaging and delivery of the goods listed in the online shop is not given and will be recalculated subsequently. Orders by email communication specifically state the delivery conditions, unless otherwise stated, the EXW Zilina delivery conditions apply.
4. Any discounts on the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the seller and the buyer.
III. Order and conclusion of the Purchase contract
1. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer. These costs do not differ from the basic rate.
2. The buyer orders the goods in the following ways:
• via his customer account, after prior registration in the online shop (not available yet)
• by email order
3. When placing an order, the buyer chooses the goods, the number of pieces of goods, the packing method, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data he has entered in the order.
The information provided in the order shall be looked at as correct by the Seller. The validity of the order is subject to the completion of all mandatory data when ordering. By sending the order, the Buyer confirms he has read these Terms and conditions, agrees with them and if order is confirmed by the Seller, the Buyer automatically concludes a purchase contract with the Seller.
5. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer at the time of ordering. The purchase contract is concluded only after the Seller has received the order. Notification of receipt of the order is delivered to the Buyer's email address.
6. In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal for a purchase contract and the purchase contract shall be concluded in such case by the Buyer's acknowledgement of receipt of this offer to the Seller's email address.
7. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by telephoning the Seller at the telephone number or email address set out in these terms and conditions before confirmation.
8. In the event that there is an obvious technical error on the part of the Seller in the indication of the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal for a contract of sale and the contract of sale shall in such case be concluded by the acknowledgement of receipt by the Buyer to the Seller's email address.
IV. Payment terms and delivery of goods
The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer in the following ways: - by wire transfer to the Seller's bank account No. SK45750000000000000183433123, Bank: ČSOB, a.s.
SWIFT Code: CEKOSKBX,
• by wire transfer to the Seller's account
• cash on delivery upon delivery of the goods, if agreed upon
• in cash or by credit card upon personal collection in the shop
• by payment of invoice after goods were delivered, if previously agreed upon
2. Together with the purchase price, the Buyer is obliged to pay to the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.
3. In the case of payment in cash, the purchase price shall be payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable within agreed days of the conclusion of the purchase contract. In case of payment by invoice after delivery, the goods must be paid according the pay date on the invoice.
4. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
5. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
6. In case of not meeting the agreed pay date (e.g. pay date on the invoice), we reserve the right to charge 0,05% of the owed amount every day, starting from the next day after the stated pay date.
7. Pursuant to the Act on Revenue Registration, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online, then, in case of technical failure, within 48 hours at the latest
8. The goods are delivered to the buyer, as agreed:
• to the address specified by the buyer in the order
• by personal collection at the Seller's premises
The choice of the delivery method is made during the ordering of the goods.
9. The cost of delivery of the goods depending on the method of dispatch and collection of the goods is specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is agreed upon by special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of delivery.
10. 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 shall be obliged to take delivery of the Goods on delivery. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
11. On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. Otherwise, later claim will not be accepted. In the event of any damage to the packaging indicating tampering, the Buyer may not accept the shipment from the carrier or write down a claim with the carrier.
12. The Seller shall issue a tax document – an Invoice to the Buyer. The tax document is sent to the Buyer's email address or is attached to the delivered goods.
13. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods shall pass to the buyer at the time of acceptance of the goods or at the time when the buyer was obliged to accept the goods but failed to do so in breach of the contract of sale. The goods, even if already delivered, remain seller’s property until complete payment of the invoiced sum.
V. Withdrawal from the contract
(1) A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the contract of sale.
2. If the purchase contract is concluded remotely (via an online shop) or outside the Seller's business premises, and at the same time if the Seller has timely and properly provided the Buyer with information about the right to withdraw from the purchase contract, the conditions, time limit and procedure for exercising the right to withdraw from the purchase contract, including the withdrawal form (in accordance with the provisions of § 3 par. 1(h) of the Act on Consumer Protection in Distance Selling) and provided that the statutory requirements are met, the buyer has the right to withdraw from the purchase contract without giving any reason and without any penalty under the Act on Consumer Protection in Distance Selling.
If the goods are custom goods, goods to order according to the buyer's design and drawing, the withdrawal period does not apply to such goods. These are non-refundable and must be paid in full.
3. The withdrawal period is 14 days
• from the moment of receipt of the goods that were delivered last, if the subject of the purchase contract is ordered goods that are delivered separately
• the moment of acceptance of the last part or the last piece, if the subject of the contract of sale is several types of goods or the delivery of several parts,
• at the time of acceptance of the first goods delivered, if the subject-matter of the sales contract is goods which are delivered over a specified period.
4. The Buyer acknowledges that in accordance with the provisions of § 7 (6) of the Act on Consumer Protection in Distance Purchasing, the Buyer may not, among other things, withdraw from the contract of sale:
• the provision of a service, if the provision of the service has commenced with the express consent of the consumer and the consumer has declared that he has been duly instructed that by expressing such consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,
• the sale of goods or the provision of services the price of which depends on price fluctuation in the financial market which are beyond the control of the seller and which may occur during the withdrawal period,
• the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for a single consumer,
• the sale of goods enclosed in protective packaging which are not suitable for return and whose protective packaging (e.g. protective foil removed from acrylic unremoved for safe transport) has been broken after delivery,
• the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery,
• the performance of urgent repairs or maintenance expressly requested by the consumer from the seller; this shall not apply to service contracts and contracts for the sale of goods other than spare parts necessary for the performance of repairs or maintenance, if they are concluded during the seller's visit to the consumer and the consumer has not ordered those services or goods in advance
5. In order to comply with the withdrawal period, the Buyer must send any unequivocal statement expressing his/her wish to withdraw from the contract of sale within the time limit set out in paragraph 3 of Article VI of these Terms and Conditions.
6. The Buyer shall send the withdrawal from the Purchase Contract to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer.
7. The Buyer who has withdrawn from the Purchase Contract is obliged to return and deliver the Goods to the Seller within 14 days from the date of withdrawal from the Purchase Contract to the Seller. The Buyer shall bear the cost of returning the goods to the Seller, even if the goods cannot be returned by post due to their nature.
8. If the Buyer withdraws from the Purchase Contract, the Seller shall return to the Buyer all monies, including delivery costs, received from the Buyer in the same manner without delay, but at the latest within 14 days of the withdrawal from the Purchase Contract. The Seller shall only reimburse the Buyer in any other way if the Buyer agrees to this and if no further costs are incurred.
9. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
10. If the Buyer withdraws from the contract of sale, the Seller is not obliged to return the money received to the Buyer before the Buyer has handed over the goods to the Seller or proved that he has sent the goods to the Seller.
11. The Goods must be returned by the Buyer to the Seller undamaged, unworn and unsoiled, with the foil not removed and, if possible, in the original packaging. The Seller shall be entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
12. The Seller shall be entitled to withdraw from the purchase contract due to the selling out of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address provided in the order and shall refund all money, including delivery costs, received from the Buyer under the contract in the same manner or in the manner specified by the Buyer, as the case may be, within 14 days of the notice of withdrawal from the contract of sale.
VI. Rights arising from defective performance
1. The Seller shall be liable to the Buyer that the goods are free from defects on receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
• the goods have the characteristics agreed between the parties and are lacking, if agreed, the goods have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods
• the goods are fit for the purpose which the seller states for their use or for which goods of the same kind are commonly used,
• the goods correspond in quality or workmanship to the agreed sample or drawing if the quality or workmanship was determined by the agreed sample or specimen,
• the goods are in the appropriate quantity, measure or weight; and
• the goods comply with the requirements of the legislation.
2. The seller shall have obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance continue. The buyer is otherwise entitled to assert a right under a defect that occurs in the consumer goods within twelve months of receipt.
3. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, on the instructions accompanying the goods or in the advertisement in accordance with other legal provisions, the provisions of the warranty of workmanship shall apply. By guaranteeing quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a specified period of time. If the buyer has rightfully accused the seller of a defect in the goods, neither the time limit for exercising rights under the defective performance nor the warranty period shall run for the period during which the buyer cannot use the defective goods.
4. The provisions referred to in the preceding paragraph of the terms and conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in used goods corresponding to the degree of use or the wear and tear which the goods had on receipt by the buyer, or if this is apparent from the nature of the goods. The buyer is not entitled to the right of defective performance if he knew that the goods were defective before taking delivery of them or if the buyer himself caused the defect.
5. In the event of a defect, the Buyer may submit a claim to the Seller and demand:
• replacement with new goods,
• repair of the goods,
• a reasonable discount on the purchase price,
• withdraw from the contract.
6. The buyer has the right to withdraw from the contract,
• if the goods have a material defect,
• if he cannot use the goods properly because of the recurrence of the defect or defects after repair,
• in the event of a large number of defects in the goods.
7. A breach of the purchase contract is a breach of which the party breaching the contract already knew or must have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.
8. In the case of a defect which constitutes an insubstantial breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to have the defect remedied or to a reasonable discount on the purchase price.
9. When making a claim, the Buyer is obliged to notify the Seller which right he has chosen. A change of choice without the consent of the Seller is only possible if the Buyer has requested the repair of a defect that proves to be irremediable.
10. If repair or replacement of the goods is not possible, the buyer may, upon withdrawal from the contract, demand a full refund of the purchase price.
11. If the Seller proves that the Buyer knew of or caused the defect in the goods prior to acceptance, the Seller is not obliged to satisfy the Buyer's claim.
12. The Buyer may not claim the discounted goods for the reason for which the goods are discounted.
13. The Seller shall be obliged to accept the claim at any establishment where the claim can be accepted, possibly also at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
14. The Seller or an employee authorised by him shall decide on the complaint immediately, in complex cases within three working days. This time limit shall not includethe time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be dealt with immediately, at the latest within 30 days from the date of the complaint (if technically feasible), unless the Seller agrees with the Buyer on a longer period of time. Missing this deadline shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract.
15. The Seller shall inform the Buyer in writing of the outcome of the claim.
16. The Buyer shall not be entitled to the right of defective performance if the Buyer knew before taking over the item that the item had a defect or if the Buyer caused the defect himself.
1. The Parties may deliver all written correspondence to each other by email.
2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.
VIII. Personal data
1. Any information you provide when working with us is confidential and will be treated as such. Unless you give us your written consent, we will not use information about you in any way other than for the purpose of performing under the contract, except for your email address to which business communications may be sent, as this is permitted by law, unless you refuse it. These communications may only relate to similar or related goods and can be opted out of at any time by simple means (sending a letter, email). The email address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the parties.
IX. Out-of-court dispute resolution
1. The Slovak Trade Inspection Authority, P.O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, internet address: https://www.soi.sk/sk, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
2. the European Consumer Centre Slovakia, with registered office at Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, internet address: http://www.evropskyspotrebitel.sk is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and supplementing Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
X. Final provision
1. All agreements between the Seller and the Buyer shall be governed by the laws of the Slovak Republic. If the relationship established by the contract of sale contains an international element, then the parties agree that the relationship shall be governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights under generally binding legislation.
2. The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 3(1)(n) of the Act on Consumer Protection in Distance Selling.
3. All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the Seller's permission.
4. The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended purpose. The Buyer shall not use any procedures in the use of the Online Shop that could have a negative impact on its operation and shall not carry out any activity that could enable him or third parties to tamper with or make unauthorised use of the software or other components that make up the Online Shop and use the Online Shop or parts thereof or the software in a manner that would be contrary to its purpose or intent.
5. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller.
6. The Seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
7. A sample withdrawal form is attached to the terms and conditions.
These terms and conditions come into force on 1.1.2021