General terms and conditions of service for reborn-w.sk
The following Terms and Conditions (hereinafter ToS) govern the rights and obligations of the website www.reborn-w.sk, and a buyer.
- The Owner and Operator of the website (e-shop) is Ján Gašperík ml., based in Jergov 169/21, 976 52 Čierny Balog, Slovak Republic, ID: 41864115, Tax ID: 1075522228, registered in the Trade Register Brezno District Office, Department of trade license, Trade Register number 630-10147, postal address: Jergov 169/21, 97652 Cierny Balog.
- The Seller is Ján Gašperík ml., based in Jergov 169/21, 976 52 Čierny Balog (hereinafter "Seller").
- The Supplier of goods and services sold in this e-shop is www.reborn-w.sk Ján Gašperík ml., based in Jergov 169/21, 976 52 Čierny Balog.
- The buyer is any private individual who places an order through this online shop. For the purposes of the Law no. 102/2014, term ‘consumer’ means any private individual who, in concluding and performing the contract does not act within the scope of his business, trade or profession (hereinafter "the Buyer").
- Internet shop (hereinafter "E-shop") is a computer system located on the Internet with public access, which allows ordering goods or services.
- Goods or services are all the products published on the website of this e-shop.
- The order is a confirmation of the ordering process in e-shop, following the selection of goods or services by the buyer, including completing the order form, thus concluding the purchase agreement between the seller and buyer. ToS are an integral part of the purchase contract concluded between buyer and seller (seller and buyer together hereinafter "The Trade Parties").
These Terms and Conditions apply to the territory of the Slovak Republic and other EU countries for the purchase of goods ordered via the online shop reborn-w.sk.
All relations between buyer and seller that are not covered by these general terms and conditions shall be governed by the relevant provisions of Law no. 513/1991 Coll. Commercial Code, as amended. If the buyer is a consumer pursuant to § 52 paragraph. 3 of Law no. 40/1964 Coll. Civil Code, as amended, that is, if it is the buyers who, in concluding and performing the contract does not act within his business or other entrepreneurial activities, the relationships not governed by these general terms and conditions will be governed by relevant provisions of Law no. 40/1964 Coll. Civil Code, as amended.
Buyer's rights, in relation to the Seller, arising from the Act. 250/2007 Coll. on consumer protection and the amendment of the Slovak National Council. 372/1990 Coll. on misdemeanors, as amended, and Act no. 108/2000 Coll. on Consumer Protection in Doorstep Selling and Distance Selling as amended are not touched by these ToS.
Contact details: Ján Gašperík ml., Tel: +421907836264 (Monday to Friday) between 08.00 am - 18.00 pm., E-mail:firstname.lastname@example.org (Monday to Friday) between 08:00 - 24:00.
The purchase price of the goods offered by the Seller through rebornw.sk is clearly stated for each product and is final. The purchase price is shown without value added tax, since the seller is not subject to VAT.
Seller reserves the right to unilaterally modify (increase / decrease) the price of the goods listed on rebornw.sk. The new prices of goods are applicable to the Buyer on the date of their publication on the website. If the buyer has placed the order at the time of change of the prices of goods, his order is not subject to the change of prices. If rebornw.sk displays obviously erroneous prices, for example, in respect of goods widely available and widely known, and its price differs from the normal price substantially, or because of system errors and misinterpretation of data, the goods appear to have price "EUR 0" or "1 EUR", the Seller is not obliged to deliver the goods at this erroneous price but the buyer can offer a supply of goods for at the real price. If the buyer does not agree with the actual real selling price, he may withdraw from the contract.
An order is created at the moment of confirming the process of selection of the goods or services in this E-shop, including completing the order form. For the correct execution of the order it is necessary to fill in the required information in the form and choose shipping options and payment for goods or services ordered. After binding confirmation of the order, the buy will receive the confirmation email sent to the email address provided in the form.
It is mandatory to provide all the required information when placing the order. The seller is not responsible for delays in delivery and for the damage that has been caused due to the fact that the Buyer has not entered all the required data and / or has completed the registration form incorrectly when placing the order.
2.1. The required information for completion of an electronic order are:
Buyer`s identity, the name and surname or business name, the address, VAT number, phone number or e-mail;
The item number and/or its description;
Quantity of ordered goods;
Delivery address (if this address is not provided, the good will be dispatched to the buyer`s home/business address provided earlier;
The name and the surname of the person authorized to receive the goods. If this name is not provided, it is understood that the order can be received by the buyer or by any employee of the business.
3. By seller`s confirmation of the order, the contract of purchase is being created. This contract may be altered, cancelled or amended by agreement between buyer and seller unless the law or other legal regulation stipulates otherwise.
4. The buyer agrees to pay the price for the goods by submitting the order. If the buyer does not accept the goods from the delivery company under the terms of delivery terms, the buyer will be charged - cancellation fee of 30% of the total value of goods ordered and transport costs incurred in sending and returning the non-accepted goods from the delivery company.
In case of delay in payment of invoices by more than 10 days, the case will be referred to the courts and subsequently to bailiffs. This paragraph of the ToS shall not affect statutory rights of consumers, it is the right to compensation under § 420 paragraph 1 of Act no. 40/1964, the Civil Code.
Terms of delivery.
The seller is obliged to ship the order within a period which is indicated for each product separately, unless the parties agree otherwise. Delivery times are determined on the basis of supplier-customer experience, but also on the actual availability from suppliers.
- If the E-shop webpage shows that there is at least 1 piece available of the product that has been ordered, it shall be shipped no later than within 1 day upon the receipt of the order.
- If the order consists of more than 1 product and not all of them are in stock, we will inform the buyer and offer partial deliveries.
The buyer can withdraw from the contract if the delivery time is longer than initially stated.
If the buyer orders a product that has been sold out, or has been for any reason removed from the website and has not informed us about this fact, he shall be informed about this by email or phone and his order will be cancelled. In case of receipt of the full or partial payment for this order, the monies paid will be refunded to buyer`s account within 7 days, unless the parties agree otherwise.
The buyer will be informed once his order is dispatched. He can check the status of his order when he log in into his account in the E-shop.
Along with the goods ordered, we also dispatch the invoice, instructions manual and any other documents deemed necessary by the seller.
- The place of performance shall be the place in which the goods are delivered.
- Goods are delivered by courier to the address indicated by the buyer as the place of delivery in the electronic order. Courier service shall contact the buyer by phone before delivering the goods and both parties will arrange the delivery time to suit both. If the buyer is not present at his address at the time agreed on with the courier, and there is no authorized person on-site to collect the goods, the buyer is liable for damages suffered by the seller and / or courier services as a result of the failed delivery to the buyer. The cost of re-delivery of the goods to the Buyer shall be borne by the Buyer.
Terms of payment.
- When paying for the goods and services ordered in this E-shop, it is possible to use these payment methods:
- BANK TRANSFER – after confirmation of the order, you will receive an automated confirmation e-mail, which will include a pro forma invoice. After the funds are credited to our account, we will ship the ordered goods. It is necessary to indicate the variable symbol stated on the pro forma invoice.
- PAYMENT ON DELIVERY - the order will be sent by courier to the specified address and are paid on its receipt.
2. In addition to the prices of good, we charge the following postage fees:
when paying by bank transfer, we charge postage according to the current price list by courier service.
when paying by cash on delivery, we charge € 3.00 postage and according to the current price list of courier service.
3. The seller may offer discounts that can`t be combined
- Discount for registering with our E-shop,
- Discount for returning customers,
- Discount with a single-use discount voucher.
- Delivery of goods to the territory of the Member States of the European Union, if necessary, other countries too, takes place on the basis of mutual consent and prior written approval of rates for shipping and handling and, if necessary, further delivery terms between buyer and seller.
Transfer of ownership.
- The buyer`s ownership of the goods happens upon collection of the goods and the full payment of the price of the goods.
- When collecting the goods the buyer is obliged to check whether the packaging in which goods are packaged, is not damaged and sign the document on receipt of the shipment. In case of damage, it is necessary to complete the protocol for discovery of the damage caused during transport. This document must be completed at the place of delivery and at the presence of delivery courier. If the buyer takes over the goods despite the obvious damage to the packaging, the Seller reserves the right not to accept any subsequent claims for this reason.
Cancellation of purchase contract.
- Cancellation of the ordered goods or services is possible within 24 hours of the purchase contract without a cancellation fee for the purchase goods which is made to order according to the specific requirements of the consumer, or one specifically for a particular consumer.
The consumer's right to return goods without giving any reason and consumer guidance.
- The consumer has, based on law no. 102/2014 Coll. on consumer protection when selling goods or services on the basis of the distance contract or contracts negotiated away from business premises of the seller and amending certain laws (hereinafter referred to as the "Act") pursuant to § 7 and the subsequent right to withdraw from the contract within 14 calendar days after receiving the goods. If the contract of sale is a supply of goods, the consumer is entitled to cancel the contract and the delivery of goods before the good are delivered.
- The consumer is obliged, if he/she wants to exercise the right, to deliver a written withdrawal from the contract in person no later than on the last day of the specified period, to the contact address of the seller or the resignation handed over to the post office no later than on the closing date to the address that is listed in contacts. The consumer is required by the notice of withdrawal to send or deliver in person the matter hereof who resigned along with all documentation - eg. original invoice, instruction manuals and other documentation for the goods which had been delivered with the goods, but not later than 14 days from the date of withdrawal (§ 10 paragraph. 1 of the Act). We encourage buyers make a copy of the invoice for their own use and post the goods as registered and insured items. To carry out withdrawal from the contract, following form can be used: Odstúpenia od kúpnej zmluvy, withdrawal from the contract, "*" – mandatory information. (http://www.nakupujbezpecne.sk/docs/form/odstupenie%20od%20zmluvy.pdf).
- Do not send the goods as ‘payment on delivery’. Such deliveries will not be accepted.
- E-shop operator will return the price paid for goods / services, including transport costs within the meaning of the provision. § 9 paragraph 3) Act no. 102/2014 Coll. as well as the proven costs incurred related to purchase of the goods within 14 days of the receipt of the withdrawal, but does not return the money before the goods are returned to his address or unless the consumer provides the proof of sending the goods. This does not apply if the seller wants to collect the goods in person.
- The costs of returning goods shall be borne by the consumer.
- The right of withdrawal is not applied to goods and services, as defined in § 7 paragraph. 6 point. a) to l) of the Act no. 102/2014. Coll.
- The buyer is responsible for any loss of value of the goods that has been caused by the use of the goods beyond necessary steps when finding out whether the goods are functioning.
Warranty terms and warranty period.
- All the goods sold in the E-shop are protected by statutory warranty of 24 months which begins on the day of collection of the goods, unless stated otherwise. Selected goods may come with extended warranty. Any faults found and claims arising from discovery of these faults must be presented to the seller before the end of the warranty.
- Invoice in electronic form, in accordance with Section 32 of Act no. 431/2002 Coll. is a valid tax document, and will, on request, be sent to the customer`s email address. E-shop www.reborn-w.sk is not liable for failure to deliver invoices electronically if the customer e-mail address is inoperative or invalid.
- It is only possible to return the goods purchased from the seller as long as they have been paid for in full. The buyer must clearly state the reason why he/she wants to return the goods in the return form.
- Following are not considered to be defects in goods: change characteristics of the goods occurred during the warranty period as a result of wear and tear, misuse, inadequate or inappropriate treatment, due to the natural variations of materials from which the goods are made or as a result of any damage caused by the buyer or a third party or other improper interference.
- reborn-w.sk guarantees following:
- Guarantees the price shown at the time of submitting the order by the buyer
- Packing of the goods in such way, so as to avoid any potential damage to the goods
- Delivery of goods in required quantity and quality as ordered by the buyer
- Providing the valid invoice document
reborn-w.sk does not guarantee:
- Late delivery caused by the courier company
- Late delivery caused by incorrect information provided by the buyer
- Damage of the goods caused by the courier company. If the packaging is visibly damaged, do not accept such delivery!
Personal data protection.
- Personal data are processed in accordance with the Act. 122/2013 Coll. Personal Data Protection, as amended.
- Seller will not share the buyer`s personal details with a third party, except for the delivery company and the state, in case of an investigation.
- The seller will obtain following details of every buyer: name, surname, home address, delivery address, phone number and email.
- You personal details are only used so that your order can be processed correctly.
- Seller is obliged to protect the buyer`s personal details and must not allow non-authorized persons to access them.
- If the buyer has agreed to provide his details for marketing purposes, he has agreed mostly to received e-mails, phone calls or letters regarding the products from reborn-w.sk
- Personal details are being used for marketing purposes for 5 years. These details are: name and surname, email, phone number, home address.
- The buyer can at any moment withdraw his personal details and from that point onwards, they will not be used for marketing purposes and they will be deleted or blocked. The buyer will send Request for cancellation of processing the personal details.
- If the buyer gives consent to processing of personal data when registering at e-shop, he/she agrees with the collection of personal data, including his order details, in order to provide discounts and special offers or loyalty programs for future orders.
- Personal data for loyalty program in the scope of buyer`s name, phone number, address and e-mail address is provided for five years.
- The buyer can at any moment withdraw his personal details and from that point onwards, they will not be used for loyalty programs offers, special offers or discounts and they will be deleted or blocked. The buyer will send Request for cancellation of processing the personal details.
- The buyer declared that all the personal information provided is up-to-date and correct. The buyer is aware of the consequences of providing false personal details and thus possibly committing criminal act of fraud.
- Seller reserves the right to amend these general terms and conditions of use and conditions without prior notice to the purchaser. In the event of a change of general conditions or returns policy, entire purchasing process shall be governed by the general terms and conditions that were in effect at the time of submitting the order by the buyer and these are available on the website of the seller.
- Returns policy is an integral part of these ToS.
- These Terms and Conditions shall take effect upon completion of the order (contract of purchase).
- By submitting an order, the buyer confirms that he/she has read the ToS and returns policy, understands them and agrees with them.
- If the consumer is not satisfied with the way the seller has dealt with the complaint or if the buyer believes that the seller has violated his rights, he may turn to the vendor and demand the situation to be resolved. If the seller rejects such request or do not respond within 30 days from the day of sending this requeset, the consumer has the right in accordance with § 12 of Act no. 391/2015 Coll. on alternative dispute resolution for consumer disputes to request an alternative solution to their dispute. The competent body on alternative dispute resolution for consumer disputes with the operator of the e-shop is Slovak Trade Inspection (www.soi.sk) or other relevant authorized legal entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s),whilst the consumer has the right to choose to which of these subjects to turn. The consumer can also apply for an alternative solution to their dispute by using the platform for settlement of disputes online, available to http://ec.europa.eu/consumers/odr/. Information about fees for dispute solution proposal can be found on website of every subject that provides services for alternative dispute solutions.
- Otherwise unregulated relationships in these ToS as well as in their integral parts are governed primarily by relevant provisions of law no. 40/1964, law no 250/2007, law no 102/2014, law no 122/2013, law no 22/2004 and law no 513/1991 Coll.
- These terms and conditions, including their integral parts come into effect on 20 May 2016.
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