TERMS AND CONDITIONS
TERMS AND CONDITIONS
business company AYWA sro
registered office: Bajkalská 12985 / 9B, Bratislava 831 03
identification number: 51 860 732
registered in the Commercial Register maintained by Bratislava 1 , Section Sro , Insert 130380 / B
for selling products and services through an online store located at www.aywanabytok.sk
1. Introductory provisions
1.1. These Business Terms and Conditions (hereinafter referred to as "Business Terms and Conditions") of AYWA sro , with registered office at Bajkalská 12985 / 9B, Bratislava 831 03 , identification number: 51 860 732 , registered in Bratislava 1 , Section Sro , Insert 130380 / B hereinafter referred to as the "Seller"), in accordance with the provisions of Section 1751 1 of Act no. (Hereinafter referred to as the "Civil Code") the reciprocal rights and obligations of the parties arising out of or in connection with a purchase contract (hereinafter referred to as "purchase contract") concluded between the seller and another natural person ("Buyer") via the Seller's Internet Store. The online store is maintained by the seller on a web site located at www.aywanabytok.sk (hereinafter referred to as the "Website"), through the web interface (hereinafter referred to as the "Business Web Interface").
1.2. Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person acting on the order of the goods in the course of their business or in the exercise of their independent profession.
1.3 Provisions other than business terms may be negotiated in the purchase contract. Different agreements in a purchase agreement take precedence over the terms of business terms.
1.4. Business terms and conditions are an integral part of the purchase contract. The Purchase Agreement and Business Terms and Conditions are prepared in the Slovak language. The purchase contract can be concluded in the Slovak language.
1.5. The sales terms may be changed or supplemented by the seller. This provision is without prejudice to the rights and obligations arising during the effective date of the Business Terms and Conditions.
2. User account
2.1. Based on a buyer's sign-up on a website, buyers can access their user interface. From the user interface, the buyer can order the goods (the "user account"). If the web interface allows the store, the buyer can also order goods without registration directly from the store's web interface.
2.2 When registering on a web site and when ordering goods, the buyer is required to enter all the data correctly and truthfully. The details given in the user account must be updated by the buyer upon any change. Data provided by the buyer in the user account and when ordering the goods are considered correct by the seller.
2.3 Access to the user account is secured by username and password. Buyers are required to keep confidential information that is necessary to access their user account.
2.4 The buyer is not authorized to allow third parties to use the user account.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than [time period] or if the buyer breaches his obligations under the purchase contract (including business terms).
2.6 The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the seller, with regard to the necessary maintenance of the hardware and software of third parties.
3. Conclusion of the purchase contract
3.1. The entire presentation of the goods placed on the web interface of the store is informative and the seller is not obliged to enter into a purchase contract for these goods. Provision of Section 1732 2 of the Civil Code shall not apply.
2.3 The store's web interface contains information about the goods, including the indication of the prices of each type of goods and the cost of returning the goods, if these goods can not be returned by their normal postal route. Goods prices are listed including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the store's web interface. This provision does not limit the seller's ability to enter into a purchase contract under individually negotiated terms.
3.3 The store's web interface also includes information on the costs associated with the packaging and delivery of goods.Information on the costs associated with the packing and delivery of goods listed in the web interface of the store is valid only in cases when the goods are delivered within the territory of the Slovak Republic.
3.4. To order the goods, the buyer will fill out an order form in the web interface of the store. The order form includes, in particular, the following information:
3.4.1. ordered goods (the ordered goods "insert" the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. methods of payment of the purchase price of the goods, details of the required way of delivering ordered goods and
3.4.3. information on the costs associated with the supply of goods (collectively referred to as "the order").
3.5. Before sending the order to the seller, it is possible for the buyer to check and change the data that the buyer has placed in the order, also with regard to the buyer's ability to detect and correct the errors that occurred when entering the data into the order. An order will be sent by the buyer to the seller by clicking the "Order with payment obligation" button. The details given in the order are considered correct by the seller. After receipt of the order, the seller will acknowledge receipt of the receipt to the buyer by e-mail, to the buyer's email address listed in the user account or in the order (hereinafter referred to as "the buyer's electronic address").
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated transport costs), to ask the buyer for an additional order confirmation (for example, in writing or by phone).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of an accepted order (acceptance) which is sent to the buyer by e-mail to the buyer's e-mail address.
3.8 The buyer agrees to use remote means of communication when entering into a purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (Internet connection costs, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
4. The price of goods and payment terms
4.1. The buyer may reimburse the buyer for the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
- non-cash transfer to seller's account no. SK26 7500 0000 004026710041 , kept at the company
AYWA sro (hereinafter referred to as the "Seller Account");
- non-cash payment card;
- through a credit granted by a third party.
2.4 Together with the purchase price, the buyer is also required to pay the seller the cost associated with the packing and delivery of the goods at the agreed rate. Unless otherwise stated, the purchase price is further understood as the cost of delivering the goods.
3.4 The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provision of Art. 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 In the case of cash payments or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.
4.5 In the case of a non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of a non-cash payment, the buyer's obligation to pay the purchase price reached at the time of crediting the relevant amount to the seller's account.
4.6 The seller is entitled, in particular, in the event that the buyer fails to confirm the order (Article 3.6), request the payment of the entire purchase price before the goods are dispatched to the buyer. The provisions of Section 2119 1 of the Civil Code does not apply.
4.7 Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.8 If it is customary in the course of trade or if it is determined by generally binding legal regulations, the seller shall issue a tax invoice - invoice to the buyer in respect of payments made under the purchase contract. The seller is not apayer of value added tax. Tax document - Issuance of the invoice to the buyer after the price of the goods has been paid and sent electronically to the buyer's electronic address.
4.9 Under the Sale of Goods Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical outage no later than 48 hours.
5. Withdrawal from the purchase contract
1.5 The Buyer notes that under Section 1837 of the Civil Code, inter alia, it is not possible to withdraw from a purchase contract for the supply of goods which has been modified according to the buyer's wish or for his person, from a purchase contract for the supply of goods subject to rapid also for goods that have been irreversibly mixed with other goods from a purchase contract for the supply of goods in a sealed package which the consumer has selected from the package and which can not be returned for hygienic reasons and from a purchase contract for the delivery of a sound or image recording or a computer program , if it violated their original packaging.
2.5 If this is not the case referred to in Art. 5.1 of the Terms of Business or another case where it is not possible to withdraw from the Purchase Agreement, the Buyer shall comply with the provisions of Section 1829 (1) of the Civil Code, the right to withdraw from the purchase contract within 14 days of receipt of the goods; in the case that the object of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from a purchase contract, the buyer may use the model form provided by the seller, which is attached to the business terms. Withdrawal from the purchase contract may be made by the buyer, inter alia, to the seller's address or to the e-mail address of the seller email@example.com .
3.5 In the event of withdrawal from the purchase contract under Art. 5.2 of the Business Terms, the Purchase Contract is canceled from the start. The goods must be returned to the seller to the buyer within 14 days of the delivery of the withdrawal from the sales contract to the seller. In the event of withdrawal from the purchase contract by the buyer, the buyer bears the costs of returning the goods to the seller, even if the goods can not be returned due to their nature by the usual postal route.
4.5 In the event of withdrawal from the purchase contract under Art. 5.2 of the Business Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner as the Seller has received from the Purchaser. The seller is also entitled to return the funds provided to the buyer upon return of the goods to the buyer or otherwise, unless the buyer agrees and does not incur additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the money received to the buyer before the buyer returns the goods or shows that they have sent the goods to the seller.
5.5 The Seller is entitled to unilaterally offset against the buyer's claim for repayment of the purchase price.
5.6 In cases where the buyer complies with the provisions of Section 1829 1 of the Civil Code, the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract until the goods are taken over by the buyer. In such a case, the buyer shall return the purchase price without undue delay, without charge, to the account specified by the buyer.
5.7 In the case where a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement will lose its effectiveness and the buyer is obliged to return the goods to the seller also provided gift.
6. Transport and delivery of goods
6.1. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and possible extra costs associated with this mode of transport.
2.6 If the seller is required by the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods.
3.6 If, for reasons of buyer's need, the goods are to be delivered repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
4.6 When the goods are taken over from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the tamper evidence showing unauthorized tampering, the buyer is not required to accept the shipment from the carrier.
5.6 Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms when sold to the seller.
7. Rights of defective performance
7.1. The rights and obligations of the parties regarding the rights of faulty performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Law No. 634/1992 Coll., On Consumer Protection, as amended).
2.7 The seller is responsible to the buyer for the fact that the goods have no defects when downloading. In particular, the seller is responsible to the buyer for the fact that at the time the buyer took over the goods:
7.2.1. the goods have properties that the parties have agreed upon, and in the absence of the agreement, it also has properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and their advertising,
7.2.2. the goods are fit for the purpose for which they are used by the seller or to which the goods of this type are normally used,
7.2.3. the goods correspond to the quality or the performance of the agreed sample or design, if the quality or the design was determined according to the agreed sample or original,
7.2.4. the goods are in the appropriate quantity, degree or weight, and
7.2.5. the goods comply with legal requirements.
7.3. The provisions referred to in Art. 7.2 Business terms and conditions shall not apply to goods sold at a reduced price for a defect in respect of which the lower price was agreed for wear of goods caused by their normal use, the defective goods used to meet the extent of use or wear and tear of the goods at the purchaser ' results from the nature of the goods.
4.7 If the defect occurs within six months of its transhipment, it is assumed that the goods were defective already upon receipt. The buyer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four months of the transfer.
7.5. Rights to defective performance are claimed by the buyer at the seller at his / her address, where the receipt of the claim is possible with regard to the range of goods sold, eventually also at the registered office or place of business.
7.6. Other rights and obligations of the parties relating to the seller's liability for defects may be modified by the vendor's claim.
8. Other rights and obligations of the parties
8.1. Buyer acquires ownership of the goods by paying the entire purchase price of the goods.
2.8 The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) the Civil Code.
8.3. The consumer can provide complaints to consumers via e-mail firstname.lastname@example.org . Buyer's complainant's complaints information will be sent by the seller to the buyer's electronic address.
8.4. The relevant Slovak Trade Inspection is determined for the out-of-court settlement of consumer disputes under the purchase contract.
8.5. European Consumer Center in the Slovak Republic, based in Mlynské nivy 4924 / 44A, 82715 Bratislava, Internet address: https://esc-sr.sk/ is the contact point according to Regulation (EU) No. 524/2013 of 21 May 2013 on consumer dispute resolution online and on the amendment of Regulations (EC) 2006/2004 and Directive 2009/22 / EC (Regulation on Consumer Dispute Resolution online).
8.6. The seller is authorized to sell the goods under a trade license. The trade inspection is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection.
7.8 The buyer hereby takes on the risk of changing the circumstances within the meaning of § 1765 2 of the Civil Code.
Warning: These guidelines have been created as a sample document and are not legally binding. Webnode does not accept any responsibility for the use of this document. We recommend that you consult with your lawyer and adjust them to suit your store needs.
E-shop operator AYWA sro on www.aywanabytok.sk Registration Number 51 860 732 Seat Bajkalská 12985 / 9B, Bratislava 831 03 processes the personal data provided by the Buyer for the purpose of completing and additional confirmation of the Terms and Conditions, for the purpose of processing the electronic order, delivery, clearing of payments and necessary communication between the parties for the period required by special legal regulations.
9.1. The Personal Data Manager pursuant to paragraph 5 o) Act no. 18/2018 On the protection of personal data, as amended (hereinafter the "Act"), AYWA sro is registered under number 51 860 732 with registered office at Bajkalská 12985 / 9B, Bratislava 831 03 (hereinafter "Administrator");
2.9 Contact details of the manager are: e-mail: email@example.com , tel .: +421 904 911 246 ;
9.3. Personal data means all information identifying a natural or legal person.
Sources of processed personal data
9.4. The administrator processes the personal data provided to him by the buyer and obtained by the administrator on fulfillment of the Purchase Agreement and the processing of the electronic order in the online store www.aywanabytok.sk .
9.5. The administrator processes only the buyer's identification and contact details necessary to meet the Purchase Agreement;
9.6. The administrator processes personal data for delivery, settlement of payments and necessary communication between the parties for the period required by special legislation. Personal data will not be published and will not be transferred to other countries.
Purpose of processing of personal data
The administrator processes the buyer's personal information for the following reasons:
9.7. For the purpose of registration on the website www.aywanabytok.sk pursuant to paragraph 13 (1) a) Act no.18/2018 on the protection of personal data;
8.9 In order to equip the buyer's electronic order (name, address, e-mail, telephone number);
9.9 In order to fulfill the rights and obligations arising from the contractual relationship between the Purchaser and the Administrator;
9.10. The provision of personal data is a necessary requirement for the performance of the purchase contract. Without the provision of personal data, it is not possible to conclude the contract.
Time of retention of personal data
9.11. The administrator keeps personal data for the time necessary to exercise the rights and obligations arising from the contractual relationship between the Purchaser and the Administrator and for 3 years from the termination of the contractual relationship;
9.12 Once the retention period of personal data has elapsed, the administrator is required to delete the data.
Recipient and processors of personal data
The third party receiving the buyer's personal data is the subcontractor of the Administrator. The services of these subcontractors are unconditionally related to the successful completion of a purchase contract and an electronic order between the trustee and the buyer.
The subcontractors of the manager are:
- Webnode AG (e-shop system);
- Slovak Post (delivery service);
- Google Analytics (web analytics);
- GLS Courier Company
Under the conditions set out in the Act, the buyer is entitled to:
9.13. To access your personal information;
9.14. For the repair of personal data;
9.15. To delete personal information;
9.16. Objection to processing;
9.17. Data Transparency;
9.18. Revoke consent to the processing of your personal data in writing or electronically at the following e-mail address: firstname.lastname@example.org ;
9.19. Submit a complaint to the Personal Data Protection Office if it believes that its right to privacy has been violated.
Securing personal information
9.20. The Administrator declares that he has taken all appropriate technical and organizational measures necessary to secure the buyer's personal data;
9.21. Administrator has taken technical measures to secure data storage of personal data, in particular password protection, antivirus software, and regular computer maintenance.
9.22. By sending an electronic order on the website www.aywanabytok.sk, the buyer confirms that he / she is aware of the privacy terms and is accepted in full;
9.23. With these rules, the buyer agrees to check the box in the order;
9.24. The administrator is entitled to change these policies at any time. The new version of the Rules is required to be published on your website.
10. Sending business notifications and storing cookies
1.10 Buyer agrees to send information related to the seller's goods, services, or business to the buyer's email address and further agrees to send the business announcements to the buyer's email address.
2.10 Buyer agrees to store the so- cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase contract can be fulfilled without the so- cookies on the buyer's computer, the buyer may withdraw the consent under the preceding sentence at any time.
11.1. The buyer may be delivered to the buyer's electronic address.
12. Final provisions
12.1. If the relationship based on a contract of sale contains international (foreign) elements, the parties agree that the relationship is governed by Slovak law.
2.12 Selecting the right under Art. Under Article 12.1 of the Conditions of Sale, the consumer is not deprived of the protection afforded by the provisions of the legal order from which it is not possible to derogate and which, in the absence of choice of law, Article 6 1 Regulation of the European Parliament and of the Council (EC) 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.3. If certain provisions of the Terms of Business are invalid or ineffective, they will be replaced by provisions that are as close as possible to invalid clauses instead of invalid clauses. The invalidity or inactivity of one provision is without prejudice to the validity of the other provisions.
12.4. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
12.5. The business terms and conditions are a sample form for withdrawal from a purchase contract.
12.6. Contact details of the seller: delivery address Bajkalská 12985 / 9B, Bratislava 831 03 , e-mail address email@example.com , phone +421 904 911 246 .
In Bratislava on 21.11.2018.