- These General Terms and Conditions (“Terms and Conditions”) are issued by:
- Mgr. Janka Drozdová, Quest Slovakia – Picasso,
- Company ID: 34298053,
- Tax ID: SK 1020200522,
- registered office: Žilinská 16, 811 04 Bratislava,
- registered with: District Office Bratislava IV.,
- ID: Žo-95ú14697ú606,
- reg.no. Aú4205ú95,
- Contact information:
- email: firstname.lastname@example.org,
- phone number: 0902 120 050,
(hereinafter the “Seller”).
- These Terms and Conditions govern the mutual rights and obligations of the Seller and the individual entering into a Purchase Contract outside their business as a consumer or as part of their business (hereinafter referred to as “Buyer”) through a web interface located on a website accessible at .multifokaly.sk (hereinafter referred to as “e-shop”).
- Terms and conditions of business are an integral part of the purchase agreement. The agreement in the purchase contract takes precedence over the provisions of these terms and conditions.
- These Terms and Conditions and the Purchase Agreement are concluded in the Slovak language.
Product and pricing information
- Information about the goods, including the indication of the price of the individual goods and its main characteristics, is given for the individual goods in the internet shop catalog. The prices of the goods are stated, including value added tax, all related fees and the cost of returning the goods, if by their nature they cannot be returned by the usual postal route. The prices of the goods remain valid for as long as they are displayed in the online store. This provision does not exclude the negotiation of a purchase agreement under individually agreed conditions.
- All presentation of goods placed in the internet shop catalog is informative and the seller is not obliged to conclude a purchase contract with respect to these goods.
- Information about the costs of packaging and delivery of goods is published in the online store. Information on the costs of packaging and delivery of goods listed in the online store applies only in cases where the goods are delivered within the territory of the Slovak Republic.
- Any discounts on the purchase price of the goods cannot be combined if the seller and the buyer do not agree otherwise.
Order and purchase contract
- The costs incurred by the buyer when using the means of distance communication in connection with the conclusion of the purchase contract (the cost of internet connection, the cost of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
- The buyer orders the goods in the following ways:
- through your customer account if you have previously registered in the online store by completing the order forme,
- by completing the contact form without registration.
- When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
- Before submitting an order, the buyer is allowed to check and modify the data he has entered into the order. The buyer sends the order by clicking on the appropriate button. The information given in the order is considered correct by the seller. The condition of the order validity is to fill in all the mandatory data in the order form and to confirm the buyer that he / she has become familiar with these terms and conditions.
- Upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address entered by the Buyer upon ordering. This confirmation is automatic and is not considered a contract conclusion. Attached to the confirmation are the current business conditions of the seller. The purchase contract is only concluded upon receipt of the order by the seller. The order receipt is delivered to the buyer’s email address. / Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address that the Buyer entered when ordering. This confirmation is considered to be the conclusion of the contract. Attached to the confirmation are the current business conditions of the seller. The purchase agreement is concluded by the order confirmation by the seller to the buyer’s email address.
- In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller will send the modified offer to the Buyer’s email address. The modified offer is deemed to be a new draft of the purchase contract and the purchase contract is in this case concluded by the buyer’s confirmation of acceptance of this offer by the seller to its email address specified in these Terms and Conditions.
- All orders received by the seller are binding. The buyer may cancel the order until the buyer receives a notice of receipt of the order by the seller. The Buyer may cancel the order by telephone at the Seller’s telephone number or by e-mail to the Seller’s email, both specified in these Terms and Conditions.
- If there is an obvious technical error on the part of the Seller when placing 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 even if an automatic confirmation of receipt was sent to the Buyer orders under these terms and conditions. The Seller informs the Buyer of the error without undue delay and sends the Buyer to his email address a modified offer. The modified offer is considered as a new draft of the purchase contract and the purchase contract is in this case concluded by the receipt of the buyer to the seller’s email address.
- By registering as a buyer in the online store, the buyer can access their customer account. From your customer account, the buyer can order goods. The buyer can also order goods without registration.
- When registering for a customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information stated in the User Account at any change. The information given by the buyer in the customer account and when ordering the goods is considered to be correct by the seller.
- Customer account access is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not entitled to allow third parties to use the customer account.
- The seller may cancel the user account, especially if the buyer does not use his user account longer, or if the buyer breaches his obligations under the sales contract and these terms and conditions.
- The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software, or necessary maintenance of hardware and software equipment of third parties.
Terms of payment 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 bank transfer to the bank account of the seller no. 4060016918, conducted at Prima Bank,
- by credit card,
- by bank transfer to the account of the seller through the payment gateway.
- Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the contractual amount. Except as expressly stated hereinbelow, the purchase price also includes the cost of delivery.
In the case of cashless payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.
- In the case of payment through a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
- In the case of a non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s bank account.
- Payment of the purchase price before shipment is not a deposit.
- According to the Act on the Registration of Sales, the Seller is obliged to issue an invoice to the Buyer.
- The goods are delivered to the buyer:
- to the address specified by the buyer in the order,
- by personal picking at the seller’s offi.
- The delivery method is selected during the ordering process.
- The cost of delivering the goods depending on the method of shipment and receipt of the goods is specified in the order of the buyer and in the order confirmation by the seller. In the event that the mode of transport is agreed upon by the buyer’s special request, the buyer bears the risk and any additional costs associated with this mode of transport.
- If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. In the event that for reasons on the side of the buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with another delivery method.
- When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to notify the carrier immediately. In the event of a breach of the package indicating the unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier.
- The seller issues a tax document – invoice – to the buyer. The tax document is attached to the delivered goods.
- The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental loss, damage or destruction of goods passes to the buyer at the moment of acceptance of the goods or the moment when the buyer was obliged to take over the goods, but did not do so contrary to the purchase contract.
Withdrawal from the contract
- The buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the contract without stating a reason.
- The withdrawal period is 14 days from the date of receipt of the goods.
- Buyer may not, inter alia, withdraw from the purchase agreeme:
- on the provision of services, if they were fulfilled with its prior express consent before the expiry of the withdrawal period, and the seller, prior to the conclusion of the contract, informed the buyer that in such a case he is not entitled to withdraw from the contract and if the service is fully provided,
- on the supply of goods that have been modified according to the wishes of the buyer, goods made to measure or goods specifically designed for one buyer,
- in other cases referred to in § 7 para. 6 of Act no. 102/2014 Z.z. on consumer protection in the sale of goods or services on the basis of a distance contract or a contract concluded outside the Seller’s premises as amended.
- To comply with the withdrawal period, the buyer must send a withdrawal declaration within the withdrawal period.
- For withdrawal from the Purchase Contract, the Buyer may use the Sample withdrawal form provided by the Seller. Withdrawal from the Purchase Contract shall be sent by the Buyer to the Seller’s email or delivery address specified in these Terms and Conditions. The Seller will confirm to the Buyer without delay the receipt of the form.
- The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by their usual postage due to their nature.
- If the Buyer withdraws from the Contract, the Seller shall return to the Seller, without undue delay, within 14 days of withdrawal, all funds, including delivery costs, received from the Seller in the same manner. The Seller shall return the received funds to the Buyer in a different way only if the Buyer agrees with this and does not incur additional costs.
- If the Buyer has chosen a method other than the cheapest delivery method offered by the Seller, the Seller shall return to the Buyer the delivery costs corresponding to the cheapest delivery method offered.
- If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer submits the goods to the Purchaser or proves that he has sent the goods to the Seller.
- The goods must be returned by the buyer to the seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the Buyer’s claim for compensation for damage incurred on the Goods against the Buyer’s claim for refund of the purchase price.
- The Seller is entitled to withdraw from the Purchase Contract for the sake of sellout, unavailability of the goods or when the manufacturer, importer or supplier of goods has interrupted the production or import of the goods. The Seller shall promptly inform the Buyer by e-mail address specified in the order and return within 14 days of the notice of withdrawal all funds, including delivery costs, received from him under the contract, in the same manner or in the manner determined by the Buyer.
Defective performance rights
- The seller is liable to the buyer that the goods are free from defects. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
- the goods have properties that the parties have negotiated, and if the arrangement is lacking, it has qualities that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertising done by the seller,
- the goods are fit for the purpose stated for their use by the seller or for which goods of this kind are usually used,
- the goods correspond to the quality or execution of the agreed sample or master if the quality or design is determined by the agreed sample or master,
- goods comply with legal requirements.
- If the defect manifests itself within six months of receipt of the goods by the buyer, the goods are deemed to have been defective upon receipt. The buyer is entitled to exercise the rights of the defect that occurs in consumer goods for twenty-four months from receipt.
- In the case of a defect occurring, the Buyer may submit a complaint to the Seller and request:
- if it is a defect that can be removed:
- free removal of defects,
- exchange of goods for new goods,
- if it is a defect that cannot be removed:
- a reasonable discount on the purchase price.
- The buyer has the right to withdraw from the contract,
- if the product has a defect that cannot be removed and prevents the thing from being properly used as a non-defective thing,
- if the goods cannot be properly used for recurring defects or defects after repair,
- if he cannot properly use the goods for a greater number of defects in goods.
- The Seller is obliged to accept a complaint in any establishment where the acceptance of the complaint is possible, or at the registered office or place of business. The consumer can also apply the claim to the person designated by the seller. If the consumer’s complaint is handled by a person designated by the seller, the complaint can be handled only by handing over the repaired goods, otherwise the complaint will be forwarded to the seller’s equipment. The Seller is obliged to issue to the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what manner of handling the complaint the Buyer requires, as well as confirmation of the date and manner of handling the complaint, including confirmation of the repair and its duration, or written justification rejection of the claim.
- If the consumer makes a claim, the seller or an authorized employee or a designated person is obliged to instruct the consumer about his rights arising from the defective performance. On the basis of the consumer’s decision, which of the rights resulting from the defective performance is exercised, the seller or the employee authorized by him or the designated person is obliged to determine the way of handling the claim, in complex cases within 30 days from the date of the claim. However, the claim, including the removal of the defect, may not last longer than 30 days from the date of the claim. The expiry of this period in vain is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract or has the right to exchange goods for new goods.
- The Seller informs the Buyer in writing about the result of the complaint, at the latest within 30 days from the date of the claim.
- The right of defective performance does not belong to the buyer, if the buyer knew before the takeover that the thing was defective or if the buyer caused the defect himself.
- In the case of a justified claim, the buyer has the right to compensation of the costs incurred in connection with the claim. The buyer may exercise this right within one month after the expiry of the warranty period.
- The buyer has the choice of the method of complaint and its equipment, if there are several options.
- The rights and obligations of the contracting parties regarding the rights of defective performance are governed by Sections 499 to 510, Sections 596 to 600 and Sections 619 to 627 of Act no. 40/1964 Coll. Of the Civil Code, as amended, and Act no. On Consumer Protection, as amended.
- Other rights and obligations of the parties related to the seller’s liability for defects are governed by the seller’s complaint procedure.
- The parties may deliver all written correspondence by e-mail.
The Buyer delivers the Seller’s correspondence to the email address specified in
these Terms and Conditions. The Seller delivers correspondence to the Buyer at the email address specified in his customer account or order.
Out-of-court dispute resolution
- The consumer has the right to apply to the seller for redress if he is not satisfied with the manner in which the seller has handled his claim or if he believes the seller has violated his rights. The consumer has the right to initiate an alternative (out-of-court) dispute resolution in an ADR entity if the seller responded to the request under the previous sentence or refused to reply within 30 days of its dispatch. This is without prejudice to the possibility for the consumer to go to court.
- Out-of-court settlement of consumer disputes from the purchase contract is the responsibility of the Slovak Trade Inspection, with its registered office: Prievozská 32, 827 99 Bratislava, ID: 17 331 927, which can be contacted at the following address: Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at email@example.com or @ soi.sk. Internet address: https://www.soi.sk/. The on-line dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase agreement.
- European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44 / a, 827 15 Bratislava, web address: http://esc-sr.sk/ is the contact point of the European Parliament and Council Regulation (EU) no. Regulation (EC) No 524/2013 of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 1782/2003 And Directive 2009/22 / EC (Regulation on consumer dispute resolution online).
- The seller is entitled to sell goods on the basis of a trade license. The trade inspection is carried out within the scope of its competence by the relevant District Office of the Trade Licensing Department. The Slovak Trade Inspection performs, to a limited extent, supervision of compliance with Act no. 250/2007 Z.z. on Consumer Protection, as amended.
- All arrangements between the Seller and the Buyer are governed by the laws of the Slovak Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by the law of the Slovak Republic. This is without prejudice to the consumer’s rights under generally binding legislation.
- The Seller is not bound by any codes of conduct in relation to the Buyer in accordance with the provisions of Act no. 250/2007 Z.z. on Consumer Protection, as amended.
- All rights to the Seller’s website, in particular content copyright, including page layout, photos, movies, graphics, trademarks, logos, and other content and features, belong to the Seller. It is prohibited to copy, modify or otherwise use the Website or any part thereof without the Seller’s consent.
- The Seller shall not be liable for errors arising as a result of third party interference with the online store or as a result of its use contrary to its intended use. The Buyer may not use any practices that could adversely affect its operation when using the Online Store, and may not engage in any activity that might allow it or third parties to tamper with or use the software or other components of the online store or use the e-shop or its parts or software in a way that would be contrary to its purpose or purpose.
- The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly available.
- The wording of the Terms and Conditions may be changed or amended by the Seller. This provision is without prejudice to rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
These Terms and Conditions take effect on 22 October 2018.