Business conditions

TERMS AND CONDITIONS

1 .GENERAL PROVISIONS

1. These general terms and conditions govern the rights and obligations of the parties arising from the purchase agreement concluded between:

I. Basic data
Seller: VYSNIVANE COPIKY s. r. o., Kpt. Jaroša 358/12, 966 22 Lutila, I

ID: 53 165 446 DIČ: 2121285936

Account number: IBAN: SK79 0900 0000 0051 7401 0009
entered in the Commercial Register of the District Court of Banská Bystrica, section: Sro, vložka č. 39184/S

Contact information:

tel: +421 918 506 882
tel: +421 911 988 883
mail: info@vysnivanecopiky.sk
(hereinafter referred to as the "seller")
the buyer, whose object is the purchase and sale of goods on the seller's e-commerce website.

Supervisory authority:
SOI Inspectorate for the Banská Bystrica Region
based in Banská Bystrica
Dolná 46, 974 00 Banská Bystrica 1
Supervision Department and Legal Department
tel. no. 048/412 49 69, 048/415 18 71, 048/415 18 73 fax č. 048/412 46 93
e-mail: bb@soi.sk

Address for complaints, withdrawals, suggestions and complaints:

VYSNIVANE COPIKY s. r. o.,Šúrska 136/A, Modra, 900 01, IČO 53 165 446 e-mail: info@vysnivanecopiky.sk

2. SUBJECT OF THE CONTRACT

The subject of the contract are only items of goods and services (products) explicitly stated in the purchase contract - order. The quantity, properties, prices, and other data contained on the seller's website are binding data.

The seller undertakes to supply the buyer with:

- defect-free product in accordance with the specification or characteristics usual for the species,
- a product complying with the standards, regulations and ordinances valid in the territory of the Slovak Republic.

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 contract concluded on the e-commerce website operated by the seller, on the basis of which the seller delivers the product presented on the website in question to the buyer (hereinafter referred to as the "purchase contract") and to all relations between the seller and the buyer, arising in particular when concluding the purchase contract and product complaint

3. CANCELLATION OF THE ORDER Cancellation of the order by the buyer:

The buyer has the right to cancel the order without giving a reason at any time before its binding confirmation and the buyer has the right to withdraw from the contract, the subject of which is the delivery of the product, even before the expiration of the withdrawal period.

If the seller has provided the consumer in a timely and proper manner with information on the right to withdraw from the contract pursuant to § 3 para. 1 letter h), the consumer is entitled, even without giving a reason, to withdraw from the contract concluded at a distance or from the contract concluded outside the premises of the seller within 14 days from the date of receipt of the product.

The seller will exercise the right to compensation mainly in the case of purchase of the product "to order", which was necessary to procure at the request of the buyer or if in connection with securing the product has already been incurred demonstrable costs. The cancellation fee may be up to the cost of the product.

Order cancellation by the seller:
The seller reserves the right to cancel the order or part thereof in the following cases:

- the order could not be confirmed in a binding manner (incorrect telephone number, unavailable buyer, buyer does not reply to e-mails, etc.).

The General Terms and Conditions are an integral part of the purchase agreement. In the event that the seller and the buyer enter into a written purchase agreement in which they agree on conditions deviating from the general terms and conditions, the provisions of the purchase agreement will take precedence over the general terms and conditions.

4. METHOD OF CONCLUDING THE PURCHASE AGREEMENT
1. The purchase contract is concluded by the binding acceptance of the proposal to conclude the purchase contract of the buyer by the seller in the form of the buyer's e ‐ mail message sent to the seller or in the form of the buyer 's completed and sent form on the seller' s website or in the form of a buyer 's telephone order to the seller. order").

2. The binding acceptance of the buyer's order by the seller is a telephone or email confirmation or confirmation via a private message to the buyer accepting the order after the previous acceptance of the order by the buyer marked as "order confirmation".

3. Binding order acceptance includes information on the name and specification of the product whose sale is the subject of the purchase contract, information on the price of the product and / or other services, the name and information on where and how the product is to be delivered and information on the price, conditions, method and delivery dates of the product, or other information.

5. RIGHTS AND OBLIGATIONS OF THE SELLER 1. The seller is obliged to:

a. deliver the product to the buyer on the basis of the order confirmed by the seller in the agreed quantity, quality and time,

b.ensure that the delivered product meets the obligations set out in the valid legal regulations of the Slovak Republic,

c. hand over to the buyer at the latest together with the product in written or electronic form all documents necessary for downloading and using the product and other documents prescribed by applicable legislation (product data, instructions for installation, operation, use, maintenance, safety notices in Slovak, form withdrawal from the contract, warranty card / if required by the consumer, or if the seller provides a longer warranty period than the statutory warranty period / proof of purchase of the product).

2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered product.

6. BUYER'S RIGHTS AND OBLIGATIONS

1. The consumer is entitled to withdraw from the contract in writing within fourteen days without giving a reason (Act No. 102/2014 Coll. On consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller's premises) from on the date of receipt of the product or conclusion of the service contract. Withdrawal of the consumer from the contract terminates the contract from the beginning.

2. Consumer:
a. akes over the purchased or ordered product,
b. pay the seller the agreed purchase price within the agreed due date, including the cost of product delivery,
c.confirms the receipt of the product by email, his signature, or the signature of a person authorized by him.

3.The consumer has the right to deliver the product in the quantity, quality, time and manner agreed by the parties in the binding acceptance of the order.

7. TERMS OF DELIVERY

1. Product delivery methods:
Delivery of goods is possible in the following way:

• - courier delivery - home delivery

• - collection of goods at the selected collection point of the Shipyard

• - delivery by Slovak Post

• - personal collection during opening hours, in the salon in Modra, Šúrska 136 / A, 900 01 Modra

  
  2. Price and payment.
  When ordering the product and delivery. postage + packing together
  

The delivery price of the goods is valid within the territory of the Slovak Republic. When sending goods abroad, transport costs are calculated individually on the basis of a contract on the price of transport outside the territory of the Slovak Republic.

The buyer is obliged to pay the seller the purchase price of the product agreed in the purchase contract at the time of concluding the purchase contract, including the cost of delivery of goods (hereinafter "purchase price") according to Act No. 18/1996 Coll. as amended in the form of:

• - in cash, directly to the courier, courier,

• - cashless transfer to the seller's account,

• - in person in cash, by credit card,

• - Online card payment

• -  Google Pay, Apple Pay,

• - Paypal.

3. In the event that the buyer pays the seller the purchase price by wire transfer, the day of payment is considered to be the day when the entire purchase price was credited to the seller's account IBAN: SK79 0900 0000 0051 7401 0009, VS: order number.

4. The buyer is obliged to pay the seller the purchase price for the agreed product within the period specified in the purchase contract, but no later than when taking over the product.

5. In the event that the buyer pays the seller the purchase price for the product agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand a refund of the purchase price only in accordance with applicable Slovak law.

6.In the event that the buyer does not pay the seller the full purchase price when taking over the product, the parties agree that the seller is entitled to withdraw from the purchase contract and demand compensation from the buyer for the costs of ordering and delivery of unpaid product.

7. The prices of the products listed on the seller's website are valid at the time of sending the consumer's order.

8. The purchase price will be considered paid by crediting the full purchase price to the seller's account, in the case of payment by transfer to the seller's account, or by paying cash to the courier.

9. The seller reserves the ownership right to the product until full payment of the purchase price.

10. The proof of purchase issued on the basis of the purchase contract between the seller and the buyer is also a tax document.

11. Acceptance of the product by the buyer is in principle only possible after its full payment, unless otherwise agreed.

12. To the price of the product is added the price of transport of the product, as mentioned above in point 7.2.

13. The product is sold according to the requirements of the buyer and issued samples, catalogs, type sheets, sample books of the seller, placed on the website of the seller's e-shop.

14. Unless the seller and the consumer agree otherwise, the seller is obliged to fulfill the consumer's order within 30 days of its delivery.

15. The buyer will take over the product by the means specified in the acceptance of the buyer's order by the seller.

16. Data on product properties, quantity and other data contained on the seller's e-commerce website are binding data.

17. The place of delivery of the product is the place specified in the acceptance of the order by the seller, unless the parties agree otherwise in the purchase contract.

18. The seller will deliver the product to the buyer to the address specified in the purchase contract by the buyer. The product is considered delivered at the moment of delivery of the product to the address specified in the binding acceptance of the order.

19. If the seller delivers the product to the buyer to the place specified in the purchase contract by the buyer, the buyer will take over the goods in person or ensure that the goods are taken over by a person authorized in case of absence to take over the goods specified in the purchase contract and sign the delivery and handover protocol. The third party authorized to take over the goods specified in the purchase contract is obliged to submit to the seller the original or a copy of the purchase contract and proof of payment for the goods and a written power of attorney. If it is necessary to repeat the delivery of goods due to the absence of the buyer at the place specified in the purchase contract, all costs incurred will be borne by the buyer, especially the repeated delivery of goods to the destination in the purchase contract. The goods are considered delivered at the time of delivery of the goods to the address specified in the binding acceptance of the order and taken over at the time of physical acceptance of the goods by the buyer, respectively. his authorized representative or by refusing to accept the goods, which the carrier shall indicate in the protocol on delivery and handover of the goods.

20. The costs associated with the delivery are not included in the purchase price of the goods and the seller is not obliged to provide these services to the buyer.

21. If the buyer checks the product after delivery and finds that the product has some defects, he will notify the seller of this fact and file a complaint with the seller, respectively. withdrawal from the contract with the seller.

22.If the seller does not fulfill the contract because he cannot deliver the ordered product or provide the service, he is obliged to immediately inform the consumer and return the price paid for the product or advance within 14 days, unless the seller and the consumer agree on a replacement. If the seller and the consumer do not agree on a substitute performance, the seller is obliged to reimburse all proven costs incurred by the consumer to order the product or services. In the case of replacement performance, the seller is obliged to deliver the product or service to the consumer in the same quality and price.

8. ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK OF DAMAGE TO GOODS

The buyer acquires ownership of the product upon full payment of the full purchase price for the product.

9. COPYRIGHT

Copyright is governed by the Copyright Act no. 185/2015 Coll. as amended.

10. WITHDRAWAL FROM THE PURCHASE AGREEMENT

1. The buyer is entitled to withdraw from the purchase contract within 14 days of receiving the product without giving a reason in accordance with Art. § 7 par. 1 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws. The seller is obliged to take over the product and return to the consumer no later than 14 days from the date of delivery of the withdrawal from the contract the price paid for the product, including the costs incurred by the consumer in ordering the goods or services. The cost of returning the product is borne by the consumer.

The consumer may not withdraw from a contract which has as its object:
(a) the provision of the service, if it has been provided with the consumer's express consent and the consumer has been duly informed that, by giving his consent, he loses the right to withdraw from the contract after the service has been provided in full, and if the service has been provided in full;
b) the sale of goods or the provision of services, the price of which depends on price movements on the financial market which the seller cannot influence and which may occur during the withdrawal period,
c) the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for a single consumer,
d) the sale of goods which are subject to rapid deterioration or deterioration,
e) the sale of goods enclosed in protective packaging which cannot be returned for health or hygienic reasons and whose protective packaging has been broken after delivery,
f) sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
g) the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, their delivery being possible after 30 days at the earliest and their price depending on market price movements over which the seller cannot influence,
(h) performing urgent repairs or maintenance explicitly requested by the consumer from the seller; this does not apply to service contracts and contracts having as its object the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not pre-order these services or goods,
(i) the sale of phonograms, video recordings, phonograms, books or computer software sold in protective packaging, if the consumer has unpacked that packaging,
j) the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
k) provision of accommodation services for purposes other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed time,
(l) the supply of electronic content other than on a tangible medium, provided that the supply has begun with the consumer's express consent and that the consumer has indicated that he has been duly informed that, by giving his consent, he loses the right of withdrawal.

2. The buyer will withdraw from the contract in writing. Until the withdrawal from the purchase contract according to the previous point of these general terms and conditions, the buyer will state the buyer's identification, order number and date, exact product specification, the way the seller should return the already received performance, especially account number and / or postal address.

The consumer is obliged to return the goods or hand them over to the seller or a person authorized by the seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This does not apply if the seller proposes to pick up the goods in person or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to have been observed if the goods were handed over for transport not later than the last day of the time limit.

3. Upon valid withdrawal from the contract, the seller will return the purchase price to the buyer, including the costs incurred by the buyer in ordering to order and deliver the product, if the buyer submits to the seller written evidence of the costs incurred by the buyer in ordering the product.

4. The costs incurred by the buyer in order to order the product are considered to be the costs of making the order, in particular the price for making a phone call by which the buyer made a proposal to conclude a purchase contract or the price for connecting the buyer to the seller's website, during which the buyer completed and sent form for ordering goods on the website, or wrote and sent an e-mail with the order of goods.

11. CONFIDENTIALITY

The buyer is obliged to maintain the confidentiality of all information made available to him in connection with deliveries from the seller, which he may consider in the circumstances clearly a trade or company secret and which should be kept confidential, except for information known from public resources.

12. FINAL PROVISIONS

1. The seller reserves the right to change these general terms and conditions. The obligation to notify the change in these general terms and conditions in writing is fulfilled by placing it on the seller's e-commerce website.
2. Where the purchase contract is concluded in writing, any amendment thereto must be in writing.

3. The parties have agreed that communication between them will take place in the form of e ‐ mail messages.

4. The relevant provisions of the following laws and regulations shall apply to relations not regulated by these General Terms and Conditions:

a. Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws

b. Act no. 22/2004 Coll. on electronic commerce and on the amendment of Act no. 128/2002 Coll. (as amended),
c. Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses (as amended),

d. Act no. 40/1964 Z.z. Civil Code (as amended).
5. These general terms and conditions take effect against the buyer by concluding a purchase contract.

6. If the consumer withdraws from the contract, he will bear the cost of returning the product to the seller under § 10 para. 3 of the Act and if he withdraws from the contract concluded at a distance, the cost of returning the product, which due to its nature can not be returned by mail.
7.The buyer is possibly 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 contract for services after giving the seller explicit consent according to § 4 par. 6, of the Act.

8. The seller adheres to the code of conduct.
9.Duration of the contract - during the validity of the warranty period, the conditions for termination of the contract are listed above.
10.Possible solutions to the dispute can also be resolved out of court through mutual agreement.
11. Ownership of the subject of the contract passes to the buyer only after payment of all payments specified in the contract.
12. The seller has the right to compensation (according to the provisions of § 420 et seq. Of the Civil Code), if the buyer ordered a product that did not cancel or. did not withdraw from the contract and at the same time did not take over this product from the carrier, or at the request of the seller, in the case of choosing a personal collection, he did not take over the goods within the specified period for collection. By doing so, the buyer violated his obligation, according to which the buyer is obliged to take over the ordered goods.
13.In determining the amount of damages, according to the above-mentioned bean, the seller takes into account the transport costs and associated fees for shipping the product, costs associated with packaging, shipping and administration of the order as well as all other costs incurred. has the right to charge for lost profits.
14. The seller also has the right not to exercise the right to damages or to exercise this right only in part.

INSTRUCTIONS ON THE APPLICATION OF THE CONSUMER'S RIGHT TO WITHDRAW

1. Right of withdrawal.
You have the right to withdraw from this contract without giving a reason within 14 days.
The period for withdrawal from the contract expires after 14 days from the date of receipt of the product.
When exercising your right to withdraw from the contract, please inform us of your decision to withdraw from this contract by making a clear statement (such as a letter sent by post, fax or e-mail) at: info@vysnivanecopiky.sk

For this purpose, you can use the sample withdrawal form located at: VYSNIVANE COPIKY s. r. o.,Šúrska 136/A Modra, 900 01, IČO 53 165 446, or on page:https://www.vysnivanecopiky.sk/user/documents/upload/Odstúpenie%20od%20zmluvy%20vysnivanecopiky%20PDF%20na%20stiahnutie.pdf
The withdrawal period is maintained if you send a notice of exercise of the right of withdrawal before the withdrawal period expires.

2.Consequences of withdrawal.
Upon withdrawal from the contract, we will refund all payments you have made in connection with the conclusion of the contract, in particular the purchase price, including the cost of delivery of goods to you.
Payments will be returned to you without undue delay, no later than 14 days from the date we receive your notice of withdrawal from this contract. They will be paid in the same way as you used for your payment, unless you have explicitly agreed to another payment method, without charging any additional fees.
3.If you are interested, you can fill in and send a sample withdrawal form or any other unambiguous statement of withdrawal electronically via our website:  https://www.vysnivanecopiky.sk/user/documents/upload/Odstúpenie%20od%20zmluvy%20vysnivanecopiky%20PDF%20na%20stiahnutie.pdf If you use this option, we will immediately confirm your acceptance of the withdrawal from the contract on a durable medium (for example by e-mail).

4. The deadline is considered to have been met if you return the product before the 14-day deadline. You are only responsible for any reduction in the value of the goods as a result of handling them other than what is necessary to determine the nature, properties and functionality of the product.
5.The information contained in this instruction forms an integral part of the distance contract or contract concluded outside the seller's premises and may only be changed with the express consent of both parties.

6. By sending the order and pressing the "order with payment obligation" button, the buyer explicitly confirms that he has been informed that the order includes the obligation to pay the price. 7. The seller shall provide the consumer with a confirmation of the conclusion of the contract on a durable medium immediately after the conclusion of the contract concluded at a distance, at the latest together with the delivery of the product.

The confirmation contains:
- all information specified in § 3 par. 1 of the Act, if the seller has not provided this information to the consumer on a durable medium before concluding the contract concluded at a distance.
8. The buyer may withdraw from the contract, the subject of which is the delivery of the product, even before the expiration of the withdrawal period.
9. The buyer may exercise the right to withdraw from the contract pursuant to § 7 para. 1 of the Act at the seller in paper form or in the form of a record on another durable medium; if the contract has been concluded orally, any clearly stated statement by the consumer expressing his willingness to withdraw from the contract is sufficient to exercise the consumer's right of withdrawal.
The consumer can use the withdrawal form provided to him by the seller.
10. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than the last day of the period under § 7 para. 1 of the Act.
11. The burden of proof on the exercise of the right of withdrawal is borne by the buyer.

Obligations of the seller in withdrawing from the contract

1. 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 under the contract or in connection with it; this does not affect the provision of § 8 par. 5th Act.
2. The seller is obliged to return the payments under paragraph 1 to the buyer in the same way as the consumer used in his payment. This does not affect the buyer's right to agree with the seller on another method of payment, if no additional fees are charged to the buyer.

3.The seller is not obliged to reimburse the buyer for additional costs if the buyer has explicitly chosen a delivery method other than the cheapest standard delivery method offered by the seller. Additional costs are the difference between the delivery costs chosen by the buyer and the costs of the cheapest standard delivery method offered by the seller.

4. Upon withdrawal from the contract for the sale of the product, the seller shall not be obliged to reimburse the buyer under paragraph 1 before the product is delivered to him or until the consumer proves to return the product to the seller unless the seller proposes to pick up the product in person or through him. authorized person.

Obligations and rights of the consumer in the event of withdrawal from the contract

1.The consumer is obliged to return the goods or hand them over to the seller or a person authorized by the seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This does not apply if the seller proposes to pick up the goods in person or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to have been observed if the goods were handed over for transport not later than the last day of the time limit.

2.Upon withdrawal from the contract, the buyer bears only the cost of returning the product to the seller or a person authorized by the seller to take over the product. This does not apply if the seller has agreed to bear them himself, or if he has not fulfilled the obligation under § 3 para. 1 letter i) of the Act.

3.The buyer is only responsible for the reduction in the value of the product that has arisen as a result of handling the product, which is beyond the scope of treatment necessary to determine the properties and functionality of the product. The buyer is not responsible for the reduction of the value of the product if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract under § 3 para. 1 letter The buyer is only responsible for the reduction in the value of the product, which arose as a result of such handling of the product, which is beyond the scope of treatment necessary to determine the properties and functionality of the product. The buyer is not responsible for the reduction of the value of the product if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract under § 3 para. 1 letter h) of the Act.

Done at Lutile, 22.01.2021