GENERAL TERMS AND CONDITIONS
GENERAL PROVISIONS
These general terms and conditions govern the rights and obligations of the contracting parties resulting from the purchase contract concluded between the seller, which is
Online store operator:
VTF WALL sro, Kendice 475, 082 01 Kendice,
ID: 47591790
VAT number: 2024018909
VAT number: SK2024018909
Contact information:
Tel.: 0915 520 205, 0903 501 235
email: stvol@stvol.sk,
(hereinafter referred to as "the seller"), and the buyer, whose subject is the purchase and sale of goods on the seller's website.
Supervisory authority:
SOI Inspectorate for the Prešov Region with headquarters in Prešov
Obrancov miru 6, 080 01 Prešov 1
Supervision Department and Legal Department
tel. no. 051/7721 597 fax. no. 051/7721 596
e-mail: po@soi.sk
Address for claims, withdrawal from the contract, suggestions and complaints:
VTF WALL sro, Kendice 475, 082 01 Kendice, ID: 47591790
1. Subject of the contract
1.1. The subject of the contract are only the items of goods explicitly mentioned in the purchase contract - order. The quantity, dimensions, properties, prices, and other data contained on the www.eshop.stvol.sk website of the seller are binding data.
1.2. The seller undertakes to deliver to the buyer: goods without defects in accordance with the specification or with the usual properties for the given type of goods, goods complying with the standards, regulations and regulations valid in the territory of the Slovak Republic, goods equipped with Slovak instructions for operation, use, safety warnings, warranty certificates and lists of post-warranty repair shops, if this is customary for the given type of goods.
1.3.
The contracting parties have agreed that by sending the order to the seller, the buyer confirms that he agrees that these general terms and conditions and their terms and conditions will apply to all sales contracts based on which the seller will deliver the goods presented on the website in question to the buyer (hereinafter referred to as "purchase contract") and to all relations between the seller and the buyer, arising in particular when concluding a purchase contract and claiming goods.
2. Ordering goods, concluding a contract
2.1. The purchase contract is concluded by the seller's binding acceptance of the buyer's proposal to conclude the purchase contract in the form of an e‐mail message from the buyer sent to the seller or in the form of a telephone order from the buyer to the seller (hereinafter referred to as the "order").
2.2. By sending the order, the buyer agrees with the wording of the general terms and conditions as well as their annexes, with the wording of the complaint conditions as well as with the price of the ordered goods and services, and thus the order becomes binding.
2.3. Binding acceptance of the buyer's order by the seller is a telephone or email confirmation or a confirmation via a private message by the seller to the buyer about the acceptance of the order after the previous acceptance of the order by the buyer, marked as "order confirmation". If necessary, all additional information regarding the buyer's order can be sent to the buyer's e-mail address.
2.4. Filling in all mandatory data is a necessary condition for accepting the order. The order must contain the following details:
– customer name, invoicing address, delivery address,
- customer contact details - telephone, fax, e-mail
– type and quantity of ordered goods
- payment method
- method of collection - delivery
- for business entities, extract from OR or ŽR, ID number, VAT number, VAT number.
2.5. The purchase contract is concluded by delivery of the order acceptance in electronic or written form to the buyer.
2.6. By sending the order, the buyer is bound to pay the purchase price of the ordered goods.
2.7. Orders made by sending an e-mail to the address stvol@stvol.sk are binding. By sending the order, the buyer confirms that he has read and agrees with the General Terms and Conditions and their annexes. The contract is created by sending the order by the buyer and accepting the order by the seller. The seller will immediately confirm the acceptance to the buyer's e-mail address. A contract concluded in this way cannot be changed unilaterally. The concluded contract can be canceled based on the agreement of both parties.
3. Terms of delivery
3.1. Based on the sent and confirmed order, the buyer is obliged to:
- take over the ordered goods,
- pay the agreed price for the goods to the seller,
– when receiving it, check the integrity of the packaging and the goods themselves,
- confirm receipt of the goods with your signature or the signature of a person authorized by him,
- in the event that the buyer does not take over the ordered goods without giving a reason, the seller reserves the right to claim compensation for the damage incurred. In the event that the customer does not take delivery of the goods upon first delivery, and requests re-delivery of the goods, he is obliged to pay the costs of the first as well as re-delivery of the goods. In case of repeated non-acceptance
order, the seller will confirm any further order for acceptance only after payment of the price of the goods in advance to the seller's account.
3.2. Based on the received and confirmed order, the seller is obliged to:
– deliver the goods to the customer no later than 4 working days from the confirmation of the order, as long as the goods are in stock,
- deliver goods to the customer in the required quality, quantity and at the agreed price,
- together with the goods or subsequently send to the customer all documents related to the goods, such as the invoice for the goods, complaint letter, operating instructions in a codified form of the Slovak language.
3.3. The seller is not responsible for:
– delayed delivery of goods caused by a courier or other transport service,
– delayed delivery of goods caused by an incorrectly given address of the recipient,
– for damage to the shipment caused by the courier service of another delivery company or the courier service,
– sending goods or services as well as prices for these services.
3.4. If an advance invoice is issued for the goods, the date of dispatch of the goods is the next day after the purchase price is credited to the seller's account, with the exception of cash on delivery, when the goods are dispatched the next day after delivery of the binding order and subsequent acceptance of the order.
4. Price of goods, postage and packaging and payment terms
4.1. The purchase price for the goods listed on the seller's website, operated by the operator - the seller, is also listed with value added tax, including other taxes, in the amount determined by the current legislation of the Slovak Republic. The purchase price does not include the price for the transportation of goods or other related services.
4.2. All prices listed on the seller's e-commerce website are listed in euros, including all taxes. The purchase price does not include the costs of transporting the purchased goods to their destination. This amount is added to the price of the goods.
4.3.
The seller reserves the right to modify the price of the goods listed on the e-commerce website operated by the seller at any time. The change in the price of the goods does not apply to purchase contracts concluded before the price change, regardless of the fact that the goods have not yet been delivered. The seller reserves the right to change the purchase price even in the event of a change in legislation, or a change in prices from suppliers or manufacturers of goods. The seller is bound by the price at the moment of confirmation of receipt of the order, unless there is a typing error in the published price.
4.4. The purchase price is paid by the buyer using a pre-selected payment method that he chooses and indicates in the order:
– by transfer to the account,
– cash on delivery, when taking over the goods from the courier,
4.5. The tax document is sent electronically to the customer's email address, which he specified during the order. In the event that the seller is not able to deliver the goods under the specified conditions and the payment of the advance invoice has already taken place, the seller will return the entire purchase price to the buyer in a manner agreed between the contracting parties.
4.6. If the buyer does not pay the advance invoice within the due date, the order will be canceled and at the same time the business relationship between the seller and the buyer will cease.
4.7. The fees for transport and packaging are as follows: When paying in advance to a bank account based on an advance invoice or when paying on cash on delivery (you pay when you pick up the courier), you
we charge transport:
– SPS courier service: €4.90 including VAT. We do not charge a special fee for cash on delivery. In the event of a change in the delivery fee for cash on delivery, the seller reserves the right to adjust the price according to the delivery entity.
5. Complaints about goods
5.1. The buyer is obliged to check the shipment when taking it over and if damage is detected, he must make a record of the damage in the presence of the carrier. In the case of taking over the goods despite the damage, the consumer is obliged to state in the record that he is taking over the shipment with a reservation. The carrier is responsible for damage to the shipment during transport.
5.2. On the basis of the prepared record, the buyer will be provided with an appropriate discount or replacement goods after the termination of the damage event with the carrier. If the shipment is in order, the buyer confirms to the carrier by signing the acceptance protocol that he has received the shipment complete and undamaged.
5.3. In the event that the goods, when taken over by the buyer, are in conflict with the purchase contract /differences in quantity, differences in the type of goods, or defects in the goods/, the buyer has the right to have the seller restore the goods to a condition corresponding to the purchase contract free of charge and without unnecessary delay.
5.4. Claims or complaints can be sent to the address of the seller's headquarters or to his e-mail address stvol@stvol.sk. The seller will assess the claim within the deadlines set by law.
5.5. The seller is not responsible for any product defects that were caused by the buyer's actions.
6. Withdrawal from the contract by the buyer and cancellation of the order.
6.1. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with sec. § 7 et seq. Act no. 102/2014 Coll. on consumer protection in distance selling (hereinafter referred to as the "Consumer Protection in Distance Selling Act") within 14 days from receipt of the goods, or from the date of conclusion of the contract for the provision of services or the contract for the provision of electronic content not delivered on a physical medium, if the seller has timely and properly fulfilled the information obligations according to section § 3 of the Act on Consumer Protection in Distance Selling. The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the withdrawal period.
6.2. Within this period, the buyer has the right to unpack and test the goods in a similar way as is usual when buying in a classic "brick and mortar" store, to the extent necessary to determine the nature, properties and functionality of the goods, this does not apply to goods intended for direct consumption.
6.3. The period for withdrawing from the contract begins on the day when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if - goods ordered by the buyer in one order and delivered separately, from the day of taking over the goods that were delivered last, - on the basis of the contract, the goods are delivered repeatedly during the defined period, from the date of acceptance of the first delivered goods.
6.4. The buyer must make the Withdrawal from the contract in writing in a way that leaves no doubt that the contract has been withdrawn, or in the form of a record on another durable medium or using the form listed in Annex no. 1. The deadline for withdrawing from the contract is considered to have been met if the notice of withdrawal from the contract was sent to the seller no later than the last day of the deadline according to section § 7 par. 1 of the Act on Consumer Protection in Distance Selling.
6.5. Withdrawal from the purchase contract according to the preceding point of these terms and conditions of business and complaints must contain the information required in the form of withdrawal from the purchase contract, in particular the identification of the buyer, the number and date of the order, the exact specification of the goods, the way in which the seller should return the payment already received, in particular the account number and /or the postal address of the buyer.
6.6. By withdrawing from the purchase contract on the part of the buyer, every additional contract related to the purchase contract from which the buyer has withdrawn is also canceled from the beginning. It is not possible to demand any costs or other payments from the buyer in connection with the cancellation of the additional contract, except for the payment of costs and payments specified in section § 9 par. 3, paragraph § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Service Prices, if the subject of the contract is the provision of a service and the service has been fully provided.
6.7. The buyer is obliged to send the goods back to the address of the operator's seat or hand them over to the seller or a person authorized by the seller to receive the goods without undue delay, but no later than within 14 days from the date of withdrawal from the purchase contract. This does not apply if the seller has suggested that he collects the goods personally or through a person authorized by him. The deadline according to the first sentence of this point of these terms and conditions of trade and complaints is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline.
6.8. The buyer is obliged to deliver the goods to the seller complete, including complete documentation, undamaged, preferably in the original packaging and unused.
6.9. It is recommended to insure the goods. The seller does not accept cash on delivery shipments. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the buyer all payments received from him on the basis of the purchase contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees . The seller is not obliged to return the payments to the buyer according to this point of these terms and conditions of business and complaints before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller, unless the seller suggests that he collects the goods personally or through a person authorized by him.
6.10. The buyer bears the costs of returning the goods to the seller or the person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled the obligation according to § 3 par. 1 letter i) of the Act on Consumer Protection in Distance Selling.
6.11. The seller is obliged to return the purchase price for the goods to the buyer in the same way that the buyer used for his payment, unless he agrees with the buyer on another method of returning payments without additional fees being charged to the buyer in this regard.
6.12. The buyer is only responsible for the reduction in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods. The consumer is not responsible for a decrease in the value of the goods if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract according to § 3 par. 1 letter h) Act on Consumer Protection in Distance Selling.
6.13. In the event that the buyer withdraws from the contract and delivers goods to the seller that are used, damaged or incomplete, the buyer undertakes to pay the seller: - the value by which the value of the goods has been reduced in accordance with section § 457 of the Civil Code in the actual amount - costs incurred by the seller in connection with the repair of the goods and their restoration to their original condition, calculated according to the price list for the post-warranty service of the goods. Pursuant to this clause of the complaint and business conditions, the buyer is obliged to pay compensation to the seller in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.
6.14. The possibility of withdrawal from the contract by the buyer does not apply to the following cases. Pursuant to para. § 7 par. 6 of the Act on Consumer Protection in Distance Selling, the buyer cannot withdraw from the contract, the subject of which are:
- sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
- sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
- sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging,
- provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract,
- the sale of goods that, after the conclusion of the contract and the acceptance of the goods from the seller to the buyer, were assembled, assembled or used in such a way that it is not possible to return them to their original condition by the seller without expending increased effort and increased costs, e.g. folded or assembled furniture, etc.
6.15. The customer has the right to cancel the ordered goods until the goods are handed over for transport without a cancellation fee. Cancellation of an already dispatched order is possible, but for a fee in the amount of the transport costs specified in the order. Send us an order cancellation to the address stvol@stvol.sk, where you include all the details of the order you want to cancel.
7. Withdrawal from the contract by the seller
7.1. If the seller cannot fulfill his obligations arising from the purchase contract due to the stock being sold out, the unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract interrupted production or made such serious changes that made it impossible to fulfill the seller's obligations arising from the purchase contract, or for reasons of force majeure or if, even after making all the efforts that can be fairly required of him, he is unable to deliver the goods to the customer within the period specified by these terms and conditions or at the price specified in the order, the seller is obliged to immediately inform the buyer of this fact and at the same time, he is obliged to offer the buyer alternative performance or the possibility for the buyer to withdraw from the purchase contract (cancel the order). In the event that the buyer withdraws from the purchase contract for the reasons stated in this point of these complaints and business conditions, the seller is obliged to return to the buyer the already paid deposit for the goods agreed in the purchase contract within 14 days from the notification of withdrawal from the contract by transfer to the account specified by the buyer . The buyer is generally expected to be familiar with the technical possibilities of the Internet and to accept technology-related possible problems when viewing goods on the eshop.stvol.sk website. The seller is not responsible for damages caused by a faulty connection on the part of the buyer to the eshop.stvol.sk website Security and method of protecting the buyer's computer , or data on the computer is the responsibility of the buyer. The seller warns that the information provided on the eshop.stvol.sk website can be updated and the seller can change the goods at any time without prior notice. By sending an electronic order to the seller, the buyer also confirms his unreserved agreement with the Seller's General Terms and Conditions and takes note of the information contained therein. The seller reserves the right to change and/or supplement these GTC at any time. Changes and/or additions to these General Terms and Conditions enter into force on the day of their publication.
The operator of this site reserves the right to unilaterally edit obvious inaccuracies, as well as to correct errors in the number of pieces in the quantity, in the number of packages as well as in the price, which arose during the writing, operation and maintenance of the site.
The contracting parties have agreed that all disputes that arise between them from legal relations based on the contract or related contracts, including disputes about the validity, interpretation and termination of this contract, will preferably be resolved by conciliation.
8. Possibility of alternative dispute resolution
According to Act No. 391/2015 Coll. on alternative dispute resolution, it is possible to resolve disputes with the consumer alternatively in accordance with the following provisions of the Act:
§ 3
(1) The subject of alternative dispute resolution is the body of alternative dispute resolution referred to in paragraph 2 and the authorized legal entity entered in the list pursuant to § 5 par. 2.
(2) The bodies of alternative dispute resolution are:
a) Office for the Regulation of Network Industries for disputes arising from contracts on connection to the distribution system, contracts on connection to the distribution network, contracts on the joint supply of electricity, contracts on the joint supply of gas, contracts on the supply and removal of heat, contracts on the supply of drinking water and contracts on waste water removal concluded with an entity performing a regulated activity according to a special regulation,
b) The Office for the Regulation of Electronic Communications and Postal Services for disputes arising from contracts for the provision of public services, which relate to the quality and price of services, and from contracts for the provision of postal services, which relate to postal services and postal payment systems, and
c) Slovak Trade Inspection for disputes not mentioned in letters a) and b) except for disputes arising from contracts for the provision of financial services.
§ 8
(1) Only a natural person registered in the list (hereinafter referred to as "authorized natural person") is authorized to conduct alternative dispute resolution.
Alternative dispute resolution
§ 11
(1) The consumer has the right to contact the seller with a request for redress if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights.
(2) The consumer has the right to submit a proposal for the initiation of alternative dispute resolution (hereinafter referred to as the "proposal") to the subject of alternative dispute resolution, if the seller answered the request in accordance with paragraph 1 in the negative or did not respond to it within 30 days from the day it was sent.
§ 12 Proposal
The proposal is submitted by the consumer to the relevant body of alternative dispute resolution; the possibility of turning to the court is not affected by this. The proposal can be submitted in paper or electronic form.
To submit a proposal, the Buyer can use the form, the sample of which is available to the Buyer for download on the website of the Ministry and each subject of alternative dispute resolution (https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov/formular -for-submission-of-a-proposal-for-commencement-ars.soi). The Buyer shall attach to the proposal documents related to the subject of the dispute, which prove the facts stated in the proposal. The possibility of using alternative dispute resolution is governed by REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) no. 524/2013
9. Personal and payment data and their protection
9.1. The contracting parties have agreed that the buyer, if he is a natural person, is obliged to notify the seller of his name and surname, address of permanent residence including zip code, telephone number and email address.
9.2. The contracting parties have agreed that the buyer, if he is a legal entity, is obliged to notify the seller of his business name, registered office address, including zip code, social security number, tax identification number, VAT number, telephone number and email address.
9.3. The buyer declares that he agrees in accordance with paragraph § 7 par. 1 of Act no. 122/2013 Coll. on the protection of personal data, as amended, for the seller to process and store his personal data, especially those listed above and/or which are necessary for the seller's activities, and to process them in all of his information systems.
9.4. The seller undertakes to handle and dispose of the buyer's personal data in accordance with the applicable legal regulations of the Slovak Republic.
9.5. The buyer grants the seller this consent for an indefinite period. The buyer can withdraw consent to the processing of personal data at any time in writing.
FINAL PROVISIONS
The seller reserves the right to change these general terms and conditions. The obligation to notify in writing of changes in these general terms and conditions is fulfilled by placing them on the website of the seller's electronic store. If the purchase contract is concluded in written form, any change to it must be in written form.
The contracting parties have agreed that communication between them will be carried out in the form of e‐mail messages. The relevant provisions of the following laws and regulations apply to relationships not regulated by these General Terms and Conditions:
a. Law no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws,
b. Law no. 22/2004 Coll. on electronic commerce and on the amendment of Act no. 128/2002 Coll. (as amended),
c. Law no. 250/2007 Coll. on consumer protection and amending Act of the Slovak National Council No. 372/1990 Coll. on offenses (as amended),
d. Law no. 40/1964 Coll. Civil Code (as amended).
These General Terms and Conditions become effective against the buyer upon conclusion of the purchase contract. If the consumer withdraws from the contract, he will bear the costs of returning the goods to the seller according to § 10 par. 3, of the Act, and if he withdraws from the contract concluded at a distance, also the costs of returning the goods, which, due to their nature, cannot be returned via post. The consumer is obliged to pay the seller the price for the actually provided performance according to § 10 par. 5, of the Act, if the consumer withdraws from the service contract after having given the seller express consent according to § 4 par. 6, of the Act.
Duration of the contract - during the validity of the warranty period, the conditions for terminating the contract are listed above. Possible solutions to the arising dispute can be resolved out of court through mutual agreement.
APPENDICES
Annex no. is part of the business conditions. 1 sample withdrawal form below.
Annex no. 1 according to Act no. 102/2014 Coll.
CONTRACT WITHDRAWAL FORM
(fill in and send this form only if you wish to withdraw from the contract)
– To ………….. [The seller adds his name, surname and address of the place of business, if it is a natural person who is an entrepreneur, business name and registered office or place of business, if it is a legal entity, or fax number and e- email address]:
– I hereby announce/we announce* that I/we are withdrawing* from the contract for these goods/from the contract for the provision of this service*: …………..
– Date of order/date of receipt* …………..
– Name and surname of the consumer/consumers* …………..
– Address of consumer/consumers* …………..
– Signature of the consumer/consumers* (only if this form is submitted in paper form) …………..
- A date …………..
* Cross out if not applicable.
In Prešov on October 17, 2022