TERMS AND CONDITIONS
1. GENERAL PROVISIONS
These general business conditions regulate the rights and obligations of the company Create Space sro, with its registered office at Bartalosová 699/1, 045 01, Moldava nad Bodvou, Slovakia, ID number: 52807711, VAT number: 2121146643, entered in the Commercial Register of the Košice-Okolie District Court, section: OU -KS-OZP, Insert number: 830-21577 tel +421 915 934 808, e-mail: email@example.com (hereinafter also referred to as the "seller") and the buyer. The seller is the operator of the online store www.createspace.sk. The buyer is a natural or legal person who registers through the seller's online store or orders goods through it (hereinafter also referred to as the "buyer"). By using the seller's online store and confirming the order, the buyer agrees to these terms and conditions.
2.1. The buyer orders the goods through the established online store from the seller, in the form of an online form, by phone or e-mail.
An order made in this way is considered non-binding only from the point of agreement between the price and the time of delivery by both parties. From this point of communication, the order is considered binding and is in accordance with the Act on Consumer Protection in Doorstep Selling and Mail Order, as amended, and understood as a distance contract.
2.2. For each order, the buyer must provide name and surname, delivery and billing address, telephone number, e-mail; natural and legal person entrepreneur also ID number, VAT number, VAT ID number, name of goods, number of pieces, (order through the seller's online store automatically meets these conditions).
Pursuant to the Personal Data Protection Act, this data will be used only within the business relationship between the seller and the buyer and will not be provided to a third party (with the exception of the person providing the transport of goods). Privacy.
2.3. After delivery of the order, this order will be registered in the seller's system and after confirmation of the order, a business relationship is established between the seller and the buyer. No later than 48 hours (on working days), the seller verifies the order, method of transport and announces the possible delivery time or date of collection, the final price and method of payment. From this date, the order is binding for the buyer.
2.4. The buyer has the right to cancel the order free of charge within 24 hours of ordering the goods without giving a reason. The seller will notify the buyer in writing of the cancellation confirmation.
2.5. If the seller is unable to deliver the ordered goods, he has the right to cancel such an order. If the amount for the ordered goods has already been paid, the seller will send it back to the buyer by bank transfer.
The condition for the validity of the electronic order is its true and complete completion. The sent order is a draft purchase agreement. The purchase contract is created by confirming the order by the seller via e-mail.
By sending an electronic order, the buyer confirms that he has read these terms and conditions and that he agrees with them. By sending an electronic order, the buyer accepts all provisions of the terms and conditions as valid on the day of sending this order, as well as the valid price of the ordered goods listed on the website.
Ownership of the goods passes to the buyer by taking over and paying the purchase price.
3. DELIVERY CONDITIONS
3.1. Delivery times are different for different types of goods. The date of delivery or collection of goods will always be notified to the buyer when verifying the order individually.
4. PRICE, PAYMENT TERMS AND SHIPPING
4.1. The price of the goods for vaccine products is stated on the seller's website, products that can be adapted to the buyer's wishes and wishes - the price will be agreed individually upon agreement on the basis of a non-binding order. Prices are subject to change. The seller reserves the right to change prices following changes in the prices of producers and importers. The valid price of the goods will always be announced when verifying the order.
4.2. The buyer pays the payment by transfer to the seller's account, by electronic payment.
4.3. When handing over the goods, the buyer pays the price for the goods + freight, the price of cash on delivery and possible installation on site.
4.4. The buyer chooses the method of transport himself when creating an order in the seller's online store or in another way of communication.
4.5. The amount of shipping costs will always be notified to the buyer when verifying the order.
5. ACCEPTANCE OF GOODS
5.1. The buyer undertakes to take over the goods within the agreed period at the address specified in the order. (Unless otherwise agreed)
5.2. When taking over the goods, the buyer is obliged to check the physical integrity and completeness of the shipment. If the consignment is visibly damaged and destroyed, the buyer is obliged to immediately contact the seller without taking over the consignment and write a Record of damage to the consignment with the forwarding company. Any subsequent claims for quantity and physical damage to the goods will not be accepted.
5.3. The buyer acquires ownership rights to the goods only by paying the full price and other monetary amounts agreed in the purchase contract at a distance to the account of the seller. Until the transfer of ownership from the seller to the buyer, who holds the goods, the buyer has all the obligations of the custodian and is obliged to safely store the goods at his own expense and mark them so that they are identifiable as the seller's goods in all circumstances.
5.4. The seller is entitled to demand the fulfillment of obligations, in particular the payment of the price for the goods, regardless of the fact that the ownership of the goods has not yet passed to the buyer.
5.5. The risk of damage to the goods passes to the buyer at the time of receipt by the buyer or his agent.
6. WITHDRAWAL FROM THE CONTRACT
6.1. The buyer is entitled to withdraw from the contract without giving a reason within 14 working days from the date of receipt of the goods. Withdrawal from the contract must be made in writing, must contain all the data used to identify the goods must be delivered within the above period together with the goods to the address of the seller or. another specified by the seller.
6.2. The goods must not be damaged, used, must be in the original packaging and together with the goods, the buyer must hand over all documents relating to the goods (operating instructions, warranty card, proof of acquisition, etc.), which he received at the time of purchase. The buyer agrees and acknowledges that the written form in this case means a document of withdrawal from the purchase contract signed by the buyer.
The goods are not returned on delivery. Goods sent in this way are not accepted and returned.
6.3. In compliance with the above obligations of the buyer, the seller will take back the goods and within 15 days from the date of withdrawal of the contract the price paid for the goods or the advance paid by the buyer for the goods, the buyer will return to the buyer in a pre-agreed manner.
6.4. The buyer may not withdraw from the purchase contract concluded at a distance, in particular in the following cases:
a) in the case of a contract which also includes the provision of a service, if the service began to be performed with the consent of the buyer before the expiry of the withdrawal period, in the case of items made to measure according to the customer's wishes.
(b) in the case of a contract having as its object the sale of goods or services the price of which depends on price movements on the financial market over which the seller cannot influence
(c) in the case of a contract having as its object the sale of goods manufactured in accordance with the specific requirements of the buyer or of goods intended specifically for one buyer, or of goods which, by reason of their characteristics, cannot be returned
6.5. The seller reserves the right to cancel the order (withdraw from the contract) or part thereof if:
(a) the goods are not produced or have ceased to be produced
b) the price of the supplier of the goods has changed
c) the price of the goods displayed was incorrect
7. WARRANTY AND SERVICE
7.1. Specific warranty and service conditions are listed in the relevant warranty sheets of selected goods, which the buyer will receive when purchasing the goods.
7.2. In general, unless otherwise stated in the warranty certificates, the warranty period for the performance of consumer contracts is set at a minimum of 24 months or from above limited by the date of consumption of the goods. In this case, the buyer is a person who does not act within the scope of his business or other entrepreneurial activity. It is possible to complain only about goods purchased and paid for from the seller. When making a complaint, the buyer is obliged to deliver (if the nature of the goods allows - pledged goods) the claimed goods clean, mechanically undamaged, in the original packaging, including manuals, warranty card, invoice or other proof of payment for the goods to the seller. When making a complaint, the buyer follows the instructions given in the warranty card.
7.3. The warranty expires if the error is caused by mechanical damage to the product, operation of the product in unsuitable conditions, improper installation, use, non-compliance with applicable standards by the buyer or the person who performed the installation, or if the product was tampered with other than authorized person. Errors caused by natural disasters and mishandling are also excluded from the warranty.
7.4. In the event of a complaint, it is recommended to inform the buyer by telephone that the goods show an error and how it manifested itself. Based on this information, the buyer will be advised to proceed with the handling of the complaint.
8.1. The seller reserves the right to change the price. When the price changes, the seller contacts the buyer. The buyer has the right to cancel the order at such adjusted prices.
8.3. The Buyer declares that before completing or announcing the order, he has read these general terms and conditions and that he agrees with them.
8.4. Notwithstanding any other provision of the contract, the seller is not liable to the buyer for lost profits, loss of opportunities or any other indirect or consequential losses due to negligence, breach of contract or otherwise.
8.5. These general terms and conditions have been formulated and established in good faith, in order to meet the legal conditions and adjust the fair business relations between the seller and the buyer. In the event that the competent authorities of the Slovak Republic prove certain provisions of these conditions as invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions and the remaining parts of the relevant provision remain unaffected.
8.6. The rights of the buyer (consumer) in relation to the seller arising from the Consumer Protection Act no. 634/1992 Coll. as amended and regulations and the Act on Consumer Protection in Doorstep Selling and Mail Order No. 108/2000 Coll., As amended, remain unaffected by these conditions.
Legal relations and conditions not expressly regulated here, as well as any disputes arising from non-compliance with these conditions, are governed by the relevant provisions of the Commercial or Civil Code.
8.7. The seller and the buyer have agreed that they fully recognize long-distance communication - telephone, fax (including handwritten order), electronic form of communication, especially via e-mail and the Internet network as valid and binding for both parties.
8.8. All personal data provided by the buyer in the order of goods or registration through the online store are collected, processed and stored in accordance with Act no. 122/2013 Coll. on the protection of personal data.
By sending the order, resp. by concluding a purchase contract, the buyer in accordance with Act. no. 122/2013 Coll. consent of the seller to the processing, collection and storage of his personal data for the purposes of concluding the purchase contract, processing orders and related communication with the buyer.
The buyer has the right to access his personal data, the right to correct them, including other legal rights to this data.
8.9. The Seller does not provide, disclose or make available the Buyers 'personal data to any other person, with the exception of: companies providing transportation of goods to which the Buyers' personal data are transferred to the minimum extent necessary for the purpose of delivery of goods.
8.10. Consent to the processing of personal data and the sending of business information is granted for an indefinite period and can be revoked at any time free of charge by explicit and certain expression in writing addressed to the seller, by mail, telephone or electronically to firstname.lastname@example.org. Withdrawal of consent to the processing of personal data will also cancel the registration.
8.11. The buyer has the right to turn to 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.
If the seller responds to the buyer's request in the negative or does not respond at all within 30 days from the date of its dispatch, the buyer has the right to file a motion to initiate an alternative dispute resolution ("ADR").
Only disputes arising from the contract between the seller and the buyer (consumer) and disputes related to this contract can be resolved in the form of ADR, with the exception of disputes pursuant to Art. § 1 par. 4 of Act no. 391/2015 Coll. and disputes whose value does not exceed EUR 20. The proposal to initiate ADR is submitted to the ADR entity pursuant to Art. § 3 of the cited Act, with the help of a dedicated platform or form, a model of which forms Annex no. 1 of the cited law.
The ADR entity may require the buyer to pay a fee for starting the ADR, up to a maximum of EUR 5 with VAT. If several entities are competent at the ADR, the buyer has the right to choose which one to submit a proposal to. In addition to ADR, the consumer has the right to apply to the competent general or arbitral tribunal. The ARS platform is available at: https://ec.europa.eu/consumers/odr/index_en.htm#sthash.t4FXTlGF.dpuf