Business Terms and Conditions
of on-line shop www.remini.sk
- These Business Terms and Conditions regulate the rights and duties of contracting parties arising from the conclusion of a distance purchase contract between a seller and a buyer, the subject matter of which is the sale and purchase of goods through an on-line shop www.remini.sk and they constitute an integral part thereof.
- These Business Terms and Conditions are displayed on a site of the on-line shop www.remini.sk, making it possible for the buyer to archive and reproduce them.
- By sending an order, the buyer confirms that he has thoroughly read and understood the Business Terms and Conditions.
- The contracting parties may agree to amend these Business Terms and Conditions prior to the conclusion of the purchase contract, thereby guaranteeing the equality of the contracting parties.
- Seller means an on-line shop operator:
Business name: Karol Prudil
Registration: Bratislava District Office, reg. No. 110-216681
Registered office: Pluhová 931/45, 834 03 Bratislava
Company ID: 46 773 461
Tax ID: 1074333425
VAT No.: nie je platca DPH
tel.: +421 907 51 01 41
- Buyer means a natural or legal person who purchases products or uses services, either as a consumer or as an entrepreneur
- Purchasing buyer pursuant to §2(a) of Act No. 250/2007 Coll., on Consumer Protection, as amended, (hereinafter referred to as the Consumer Protection Act), means a natural person who, during the conclusion and performance of a consumer contract, does not act within the scope of his business activity, employment or profession.
- Purchasing entrepreneur pursuant to §2(2) of Act No. 513/1991 Coll., the Commercial Code, as amended, (hereinafter referred to as the "Commercial Code") means:
- a person registered in a commercial register,
- a person who does business on the basis of a trade license,
- a person who does business on the basis of a license other than the trade license pursuant to specific rules,
- a natural person who carries out agricultural production and is registered in a registry pursuant to a specific rule.
- Supervisory authority means:
The Slovak Trade Inspection (STI)
The STI Inspectorate for Bratislava Region
820 07 Bratislava
tel. č.: 02/58272 172
fax č.: 02/58272 170
Conclusion of purchase contract
- The list of goods on the e-shop sites is a catalogue of commonly supplied goods. In addition to the goods normally supplied, the Buyer may individually conclude a purchase contract with the Seller, the subject matter of which is the manufacture of goods according to the Buyer's specific requirements, goods specifically designed for one consumer (hereinafter referred to as the "Custom-Made Goods"). The nature of the Custom-Made Goods gives rise to special conditions of sale set out in the relevant legislation and these Business Terms and Conditions. A customer interested in the Custom-Made Goods can send his requests and a request for quotation to the Seller by e-mail to email@example.com.
- The goods offered by the Seller can be ordered by means of an electronic order form located on the operator's website or by e-mail. The Custom-Made Goods can only be ordered by e-mail.
- When shopping through the on-line shop, the Buyer proceeds by placing the selected goods in the cart by clicking on "Add to Cart". After the shopping is completed, the Buyer checks the selected goods on the shopping cart page, selects a shipping method and a payment method. The Buyer has the option to send an order without registration or as a registered user after logging into his user account. After filling in the necessary data, the Buyer sends the order by clicking on "Order with Payment Obligation". Before sending the order, the Buyer has the option to review and correct it.
An e-mail order should include the following information:
a) The Buyer's name and surname
b) Goods delivery postal address
c) Telephone number or e-mail
d) Order code of the goods or exact name of the goods
e) Quantity of each item of the goods
f) Date of issue of the order
g) Method of payment for the goods
h) Method of transport and takeover of the goods
and in the case of an entrepreneur also:
a) Company ID and SK Tax ID
b) Contact person and telephone number
c) Billing address (if different from delivery address).
- An order placed by any means of distance communication is binding. By submitting the order, the consumer confirms that he is aware of the fact that the order includes the obligation to pay a purchase price.
- Acceptance of the order is automatically confirmed by the Seller. Purchase contract is not considered concluded upon receipt of the order confirmation.
- Subsequently, within 24 hours of the receipt of the order, the Seller shall confirm the conclusion of the purchase contract on a durable medium. The purchase contract is deemed concluded upon delivery of the confirmation. Such concluded contract is binding, it can be amended or terminated only by agreement of both contracting parties for legal reasons.
Rights and duties of the contracting parties
- The subject matter of the purchase contract are rights and duties of the contracting parties.
- In particular, the Seller is obligated to:
- provide the consumer with information pursuant to relevant laws,
- pack the goods for transport so that they are not damaged,
- deliver the ordered goods to the consumer`s place of delivery in a proper and timely manner,
- deliver to the Buyer, not later than together with the goods, all documents necessary for the proper receipt and use of the goods in accordance with the relevant legal regulations.
- The Seller has the right to the payment of the purchase price in a proper and timely manner.
- In particular, the Buyer is obligated to:
- take the goods over in the place of delivery,
- pay to the Seller agreed purchase price within maturity period, including delivery costs, unless the contracting parties have agreed that the delivery costs are borne by the Seller.
Price of goods or services
- Prices of individual products displayed on the e-shop website are current and valid. They include all taxes. The Seller sells the goods excluding VAT, since he is not a VAT payer.
- The price of the Custom-Made Goods shall be calculated individually based on a request sent by e-mail depending on the customer`s requirements.
- The Seller is bound by his offer, including the price of the goods, for the whole time of the publication of the goods on the website.
- Final price includes all taxes and fees, including shipping and packing.
- Tax document is an invoice, attached to the consignment, which serves also as a delivery and warranty card.
Postage and packing
- Shipping costs of the goods in the Slovak Republic:
- Slovak Post within 2 business days for €1.75
- Personal collection is free.
- Fee for cash on delivery in the Slovak Republic is €0.80 and is added to the price of postage.
- Shipping costs of the goods outside the Slovak Republic:
- Delivery by post to the Czech Republic for €3.80
- Delivery by post in Europe for € 4.40
- Delivery by post outside Europe for € 6.60
Terms of payment
- The Buyer is obligated to pay to the Seller a purchase price agreed in a purchase contract, including delivery costs, within maturity period, not later than at the time the goods are taken over.
- The Buyer can pay the purchase price in the following ways:
Cash on delivery
The Buyer shall pay the price for the ordered goods when he takes the goods over at the post office.
The Buyer shall pay the price of the ordered goods on-line via PayPal service.
The Buyer shall pay the price for the ordered goods in advance by a bank transfer according to the payment data sent by e-mail. If the Buyer fails to pay the purchase price within 14 days by the date of delivery of the payment data, it is deemed that the Seller withdraws from the purchase contract, which is terminated from the beginning.
Terms of delivery
- The Seller undertakes to deliver the ordered goods within 14 days of the conclusion of contract and in the case of a payment by bank transfer in advance, of the date the purchase price was credited to the Seller's bank account. The Seller undertakes to deliver the Custom-Made Goods within 14 days of the conclusion of contract and in the case of a payment by bank transfer in advance, of the date of the purchase price was credited to the Seller's bank account. The Buyer shall be notified of shipment by e-mail.
- If it is not possible to deliver the goods within the above period, the contracting parties may agree on an additional period of performance.
- The Buyer is obligated to take over the goods in person in the place specified in the order or to ensure that the goods shall be taken over by a person authorised by him.
- From the moment the goods are handed over to the carrier, the carrier is liable for any damage. For this reason, it is necessary that the Buyer or a person authorised by the Buyer, when taking the goods over, checks that the packaging in which the goods are packaged is not damaged. If it is damaged, the Buyer may refuse to take the goods over or the Buyer may take the goods over and to prepare, on the spot, together with the carrier, a record of identified defects caused during transport.
- If the Buyer discovers damage to goods or other defect after the takeover, it is necessary to communicate such fact without undue delay by e- mail at firstname.lastname@example.org.
- If the Buyer accepts the goods despite evident damage to the packaging, the Seller may not accept any later claims for this reason.
Acquisition of title and transfer of risk of damage to the goods
- The Buyer acquires title to the goods by taking them over in the place of delivery specified by the Buyer.
- The risk of damage to the goods passes to the Buyer at the time when he takes the goods over from the Seller, or if he does not do so in time, then at the time when the Seller allows him to dispose of the goods and the Buyer does not take the goods over.
Withdrawal from a contract
- Withdrawal from a contract by the Buyer, who is a consumer, is governed by the relevant provisions of Act No. 102/2014 Coll.
- The consumer is entitled, even without giving reasons, to withdraw from a contract concluded at a distance or from a contract concluded outside the Seller`s premises within 14 days from the takeover of the goods.
- The consumer may withdraw from the contract, the subject matter of which is the delivery of the goods even before withdrawal period begins.
- Pursuant to §7(6)(c) of Act No. 102/2014 Coll., the consumer may not withdraw from contract, if it is a contract the subject matter of which is the sale of the goods made according to the Buyer`s special requirements, the Custom-Made Goods or the goods specially intended for one buyer. In accordance with these Business Terms and Conditions and the above provision of the act, it is not possible to withdraw from the contract the subject matter of which is the Custom-Made Goods.
- The consumer may exercise the right of withdrawal from the contract in relation to the Seller in paper form or in the form of an entry on other durable medium. The consumer may use a withdrawal form.
- A legal act leading to withdraw from the contract can be sent in paper form to the following address:
Pluhová 931/45, 831 03 Bratislava
or by e-mail to email@example.com.
- Withdrawal period shall be deemed maintained if a notice of withdrawal was sent to the Seller not later than on the last day of the above period.
- The consumer is obligated, within 14 days of withdrawal from the contract, to send the goods back or hand them over to the Seller or to a person authorised by the Seller to take the goods over. The deadline is deemed maintained if the goods were handed over for transport not later than on the last day of the deadline. The consumer shall send the goods/hand the goods over to the Seller personally at the following address:
Pluhová 931/45, 831 03 Bratislava
In case of personal handover of the goods it is necessary to contact the Seller in advance regarding the delivery date.
- The Seller is obligated, without undue delay and within 14 days of the date of receipt of the notice of withdrawal, to reimburse the consumer for any payments received from him under or in connection with the contract, including transport costs, delivery costs, postage and other costs and charges. The contracting parties may agree that instead of returning the purchase price, the Seller shall exchange the returned goods for other goods from the offer at corresponding value.
- X. In the event of withdrawal from the contract the subject matter of which is the sale of goods, the Seller is not obligated to refund the consumer before the goods are delivered to him or until the consumer proves that the goods have been returned to the Seller, unless the Seller suggests that he would pick up the goods personally or through a person authorised by him.
- The Seller is not obligated to pay additional costs to the consumer if the consumer has explicitly chosen a method of delivery other than the cheapest normal delivery method offered by the Seller. Additional costs mean a difference between delivery costs chosen by the consumer and the costs of the cheapest normal delivery method offered by the Seller.
- In the event of withdrawal from the contract, the consumer shall bear the cost of returning the goods to the Seller or to a person authorised by the Seller to take the goods over.
- In the event of withdrawal from the contract, the consumer is liable for any reduction in the value of the goods resulting from the treatment of the goods beyond treatment necessary to identify the characteristics and functionality of the goods.
- The Seller advises the Buyer to insure the goods that are subject to return. The Buyer bears the risk of damage to the goods, which are the subject matter of the return, until the moment the goods are taken over by the Seller.
- The Seller reserves the right not to accept the goods sent by the Buyer in the form of cash on delivery.
- The withdrawal from the contract by the Purchasing Buyer is governed by the relevant provisions of the Commercial Code.
- Legal relations that shall arise between the Seller and the Buyer in connection with the use of the on-line shop and the conclusion of contractual relationship are governed by the law of the Slovak Republic.
- The parties to this legal relationship have agreed that in the event of a dispute, jurisdiction shall lie with the courts of the Slovak Republic.
- In the event of a dispute between the Seller and the Purchasing Consumer, the consumer is entitled to contact the Seller for redress if the consumer is not satisfied with the way the complaint is settled or if he believes that the Seller has violated his rights. Claim for redress can be sent by electronic mail to firstname.lastname@example.org or by post to the Seller's address. If the Seller has replied to the request in the negative or has not replied to the request within 30 days of the date of dispatch, the consumer shall have the right to file s proposal for an alternative dispute resolution to one of alternative dispute resolution entities.
- Terms and conditions for the alternative dispute resolution are governed by Act No. 391/2015 Coll., on Alternative Dispute Resolution.
- The consumer may submit the proposal for alternative dispute resolution to a relevant alternative dispute resolution entity, which is a legal person registered in a list kept by the Ministry of Interior of the Slovak Republic, which, for instance, also includes the Slovak Trade Inspection (www.soi.sk).
- The consumer can also file a complaint through the EU-operated ADR platform. The complaint can also be filed by completing a form at http://ec.europa.eu/consumers/odr/index_en.htm. The consumer has the right to choose among ADR entities.
- Dispute resolution by an ADR entity can only be sought by the consumer.
- The ADR entity may reject the proposal in the cases provided for by law, for example if the value of the dispute does not exceed EUR 20.00 or if the consumer submits the proposal one year after the date of receipt of the Seller`s negative reply or after vain expiry of a 30-day period for the expression of opinion on the proposal.
- In principle, the alternative dispute resolution is free of charge. The alternative dispute resolution entity may charge the consumer a fee for the initiation of the alternative dispute resolution up to a maximum of EUR 5.00.
- The ADR entity shall proceed with the alternative dispute resolution in a way that makes it possible to resolve the dispute as quickly as possible, avoiding unnecessary delays, acting economically and without unnecessary and disproportionate burden on the parties and other persons; whenever possible, the communication shall mainly involve telephone contact and electronic means.
- The alternative dispute resolution entity shall conclude the alternative dispute resolution within 90 days of its commencement. In particularly complex cases, the alternative dispute resolution entity may extend the time limit referred to in the first sentence by 30 days, even repeatedly. The alternative dispute resolution entity is obligated to immediately notify the parties to the dispute of any extension of the period referred to in the second sentence, stating the reason for the extension.
- If no agreement is reached between the parties to the dispute and the alternative dispute resolution entity, on the basis of the facts it finds during the alternative dispute resolution, reaches a reasoned conclusion that the Seller has infringed the consumer's rights under the consumer protection rules, it shall conclude the alternative dispute resolution by issuing a non-binding reasoned opinion.
The Seller's liability for defects and complaint conditions
- The Seller's liability for defects and complaint conditions are governed by the relevant provisions of a complaint procedure rules adopted by the operator and published on the website www.remini.sk.
Validity of the contract
- Purchase contract is concluded for a definite period until the proper fulfilment of the obligations of both contracting parties arising from the purchase contract and these Business Terms and Conditions, which constitute an integral part thereof.
Protection of personal data
- Personal data about buyers shall be processed by the Seller pursuant to Act No. 122/2013 Coll., on the Protection of Personal Data, as amended.
- Conditions for personal data processing by the operator are specified at www.remini.sk in a section Privacy.
- These Business Terms and Conditions apply in the wording stated at the sites of the on-line shop www.remini.sk on the day the Buyer places his order.
- The Operator reserves the right to change these Business Terms and Conditions at any time if this is required by a change in commercial policy or applicable legislation.
- Legal relationships between the Seller and the Purchasing Consumer not expressly regulated by these Business Terms and Conditions are governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, as amended, (hereinafter referred to as the “Civil Code”), Act on Consumer Protection, Act No. 102/2014 Coll., on Consumer Protection in the Sale of Goods or the Provision of Services under Distance Contract or Contract Concluded outside the Seller's Premises and on Amendment to Certain Acts, as amended, as well as other related regulations.
- Legal relationships between the Seller and the Purchasing Entrepreneur not expressly regulated by these Business Terms and Conditions are governed by the relevant provisions of the Commercial Code.
- These Business Terms and Conditions have been prepared by a law firm Lanikova Group, s.r.o. for the operator of the on-line shop www.remini.sk, while they are protected under Act No. 618/2003 Coll., the Copyright Act, as amended. It is prohibited to use this copyright work, in any way, especially, but not limited to, copying, publishing, modifying, distributing or otherwise misusing this work without the author's consent.
- These Business Terms and Conditions enter into force and effect on 1 November 2016.