GENERAL TERMS AND CONDITIONS
I. Basic Provisions
- These general terms and conditions (hereinafter referred to as "terms and conditions") are issued
Smreková 2, 082 53; ID No.: 45 485 674
VAT NUMBER: SK2023016479
The company is registered in the Commercial Register of the District Court of Prešov, Section: Sro, Insert No. 22823/P
(hereinafter referred to as the "Seller")
- These terms and conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside his/her business activity as a consumer, or a natural person who concludes a purchase contract within the scope of his/her business activity, or a legal entity (hereinafter: "Buyer") through the web interface located on the website available at the Internet address www.ventit.eu (hereinafter: "Online Shop").
- The provisions of the terms and conditions are an integral part of the contract of sale. Any deviating provision in the contract of sale shall prevail over the provisions of these terms and conditions.
II. Information on goods and prices
- Information about the goods, including the price of the individual goods and their main characteristics, is provided for each item in the catalogue of the online shop. The prices of the goods are inclusive of value added tax, unless otherwise stated. The prices of the goods remain valid for as long as they are displayed in the online shop. This provision does not preclude the negotiation of a contract of sale under individually agreed conditions.
- All presentation of the goods in the catalogue of the online shop is of an informative nature and the seller is not obliged to conclude a contract of sale with regard to these goods.
- Information on the costs associated with the packaging and delivery of the goods is published in the online shop. The information on the costs associated with the packaging and delivery of the goods listed in the online shop is given for each country separately.
- Any discounts on the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the seller and the buyer.
III. Ordering and conclusion of the purchase contract
- Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the Buyer. These costs do not differ from the basic rate.
- The buyer orders the goods in the following ways:
- via his customer account, if he has previously registered in the online shop
- by filling in the order form without registration.
- When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
- Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The Buyer sends the order to the Seller by clicking on the "Complete Order" button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's acknowledgement that he has read these Terms and Conditions.
- Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation is automatic and shall not be deemed to constitute the conclusion of a contract. The confirmation shall be accompanied by the Seller's current terms and conditions. The purchase contract is concluded only after the seller has received the order. Notification of receipt of the order is delivered to the buyer's email address.
- In the event that any of the requirements stated in the order cannot be fulfilled by the Seller, the Seller will send a modified offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer's confirmation of the acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.
- All orders accepted by the Seller shall be binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by telephone to the Seller's telephone number or by electronic message to the Seller's email address, both as set out in these Terms and Conditions.
- In the event of an obvious technical error on the part of the Seller in the price of the Goods in the online shop or during the ordering process, the Seller shall not be obliged to deliver the Goods to the Buyer at the price for such quite obviously erroneous price, even if the Buyer has been sent an automatic acknowledgement of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed to be a new draft purchase contract and the purchase contract shall be concluded in such case by the confirmation of receipt by the Buyer to the Seller's email address.
IV. Customer account
- Upon registration of the Buyer in the online shop, the Buyer may access his customer account. From his customer account, the Buyer can order goods. The Buyer can also order goods without registration.
- When registering for a customer account and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account whenever it is changed. The data provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.
- Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
- The buyer is not entitled to allow third parties to use the customer account.
- The Seller may cancel the user account, especially in the case when the Buyer does not use his/her user account for a longer period of time or in the case when the Buyer violates his/her obligations under the Purchase Contract and these Terms and Conditions.
- The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
V. Payment terms and delivery of goods
- The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract in the following ways
- by wire transfer to the Seller's bank account
- by wire transfer to the Seller's account via the GOPAY payment gateway.,
- by cash on delivery or by credit card upon receipt of the goods,
- in cash or by credit card upon personal collection at the shop,
- Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the contractual amount. Unless expressly stated otherwise below, the purchase price shall also include the cost of delivery of the goods.
- In the case of payment in cash, the purchase price shall be payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.
- In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
- In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
- The Seller shall not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before dispatch of the goods shall not constitute a deposit.
- Pursuant to the Sales Register Act, the Seller is obliged to issue a cash receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online, then within 48 hours at the latest in case of technical failure.
- The goods are delivered to the buyer
- to the address specified by the buyer in the order
- by personal collection at the Seller's premises.
- The choice of delivery method is made during the ordering process.
- The cost of delivery of the goods depending on the method of dispatch and collection of the goods is specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is agreed upon at the Buyer's special request, the Buyer shall bear the risk and any additional costs associated with this method of delivery.
If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer shall be obliged to take delivery of the Goods on delivery. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
- If the Seller is obliged under the contract of sale to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
- On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event of any damage to the packaging indicating unauthorised intrusion, the Buyer may not accept the shipment from the carrier.
- The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the buyer's email address.
- The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer was obliged to accept the goods but failed to do so in breach of the contract of sale.
VI. Withdrawal from the contract
- A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract without giving any reason.
- The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods, if the subject of the contract is several types of goods or the delivery of several parts
- from the date of receipt of the first delivery of the goods, if the subject of the contract is a regular recurring delivery of goods.
- The buyer may not, inter alia, withdraw from the contract of sale:
- on the provision of services, if they have been performed with his prior express consent before the expiry of the withdrawal period and the seller has notified the buyer before the conclusion of the contract that he has no right to withdraw from the contract in such a case, and if the service has been fully performed,
- the supply of goods or services, the price of which depends on fluctuations in the financial market independent of the will of the seller and which may occur during the withdrawal period,
- the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, which may be delivered only after the expiry of thirty days and the price of which depends on market fluctuations independent of the will of the seller,
- the delivery of goods which have been customised according to the buyer's wishes, custom-made goods or goods intended specifically for a single buyer,
- the delivery of perishable goods and goods which, by their nature, have been irretrievably mixed with other goods after delivery,
- the delivery of goods in sealed packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,
- on the supply of sound recordings, visual recordings, sound-visual recordings, books or computer software, if they are sold in protective packaging and the buyer has unpacked the packaging,
- the supply of newspapers, periodicals or magazines, except for sales under a subscription agreement and the sale of books not supplied in protective packaging,
- the supply of electronic content other than on a tangible medium, where the supply has been initiated with the express consent of the purchaser and the purchaser has declared that he has been duly informed that he loses the right to withdraw from the contract by expressing that consent,
- in other cases referred to in Article 7(6) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller's premises, as amended.
- In order to comply with the withdrawal period, the buyer must send the withdrawal declaration within the withdrawal period.
- To withdraw from the contract of sale, the Buyer may use the model withdrawal form provided by the Seller. The Buyer shall send the withdrawal form to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer.
- The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by the usual postal method due to their nature.
- If the Buyer withdraws from the contract, the Seller shall reimburse to the Buyer all monies, including delivery costs, received from the Buyer in the same manner without delay, but at the latest within 14 days of the withdrawal from the contract. The Seller shall only reimburse the Buyer in any other way if the Buyer agrees to this and if no further costs are incurred by the Seller.
- If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
- If the buyer withdraws from the contract of sale, the seller is not obliged to return the monies received to the buyer before the buyer has handed over the goods to the seller or proved that he has dispatched the goods to the seller.
- The goods must be returned by the Buyer to the Seller undamaged, unworn and unsoiled and, if possible, in their original packaging. The Seller shall be entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
- The Seller shall be entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall refund all monies, including delivery costs, received from the Buyer under the contract in the same manner, or in the manner specified by the Buyer, as the case may be, within 14 days of the notice of cancellation of the contract of sale.
VII. Rights arising from defective performance
- The Seller shall be liable to the Buyer that the Goods are free from defects on receipt. In particular, the seller shall be liable to the buyer for the fact that at the time the buyer took delivery of the goods
- the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the seller's advertising,
- the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
- the goods correspond to the quality or workmanship of the agreed sample or specimen if the quality or workmanship was determined by the agreed sample or specimen,
- the goods are in the appropriate quantity or weight; and
- the goods comply with the requirements of the legislation.
- The consumer shall be entitled to exercise rights in respect of a defect which occurs in consumer goods within a period of twenty-four months from receipt. This provision shall not apply to goods sold at a lower price because of a defect for which the lower price was agreed, to wear and tear caused by normal use, to second-hand goods because of a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or where this is apparent from the nature of the goods.
- In the event of a defect, the Buyer may submit a claim to the Seller and demand:
- if it is a defect that can be remedied:
3.1.1. free of charge removal of the defect in the goods,
3.1.2. replacement of the goods with new goods,
- if it is a defect that cannot be remedied:
3.2.1. a reasonable discount on the purchase price,
3.2.2.withdrawal from the contract.
- if it is a defect that can be remedied:
- The buyer has the right to withdraw from the contract,
- if the goods have a defect which cannot be remedied and which prevents the goods from being properly used as free from defect,
- if the goods cannot be properly used because of the recurrence of the defect or defects after repair,
- if he cannot properly use the goods because of a greater number of defects in the goods.
- The Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, possibly also in the registered office or place of business. The consumer may also lodge a complaint with a person designated by the seller. If the consumer's complaint is handled by a person designated by the seller, the latter may only handle the complaint by handing over the repaired goods, otherwise the complaint shall be forwarded to the seller for handling. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
- If the consumer submits a complaint, the seller or an employee or designated person authorised by the seller is obliged to inform the consumer of his rights arising from the defective performance. On the basis of the consumer's decision which of his rights arising from the defective performance he claims, the Seller or his authorised employee or designated person is obliged to determine the manner of handling the claim immediately, in complex cases no later than within three working days from the date of the claim, in justified cases, in particular if a complex technical assessment of the condition of the goods is required, no later than within 30 days from the date of the claim. Once the method of handling the complaint has been determined, the complaint, including the rectification of the defect, must be handled immediately, although in justified cases the complaint may be handled later. However, the processing of the complaint, including the removal of the defect, may not take longer than 30 days from the date of the complaint. The expiry of this time limit shall be deemed to be a material breach of contract and the buyer shall have the right to withdraw from the contract of sale or have the right to exchange the goods for new goods. The moment when the Buyer's expression of intent (exercise of the right of defective performance) to the Seller is deemed to be the moment when the claim is made.
- The Seller shall inform the Buyer in writing of the outcome of the claim within 30 days of the date of the claim.
- The right of defective performance shall not belong to the buyer if the buyer knew before taking over the item that the item has a defect or if the buyer himself caused the defect.
- In the case of a justified claim, the buyer is entitled to compensation for the costs reasonably incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.
- The Buyer shall have the choice of the method of claim and its handling if there are several options.
- The rights and obligations of the contracting parties regarding the consumer's rights from defective performance are governed by Sections 499 to 510, 596 to 600 and 619 to 627 of Act No. 40/1964 Coll. of the Civil Code as amended and Act No. 250/2007 Coll. on Consumer Protection as amended and Act No. 102/2014 Coll. on Consumer Protection as amended. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises, as amended.
- Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's Complaints Regulations.
- In the case of orders where a person acting within the scope of his/her business activity acts on the buyer's side, the rights and obligations of the parties regarding the rights from defective performance shall be governed by §422 to §428, §436 to §441 of Act No. 513/1991 Coll. of the Commercial Code.
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.
IX. Out-of-court dispute resolution
- The Consumer has the right to apply to the Seller for redress if he is dissatisfied with the manner in which the Seller has handled his complaint or if he believes that the Seller has violated his rights. The consumer has the right to file a petition for alternative (out-of-court) dispute resolution with an alternative dispute resolution body if the seller has responded to the request under the preceding sentence in a negative manner or has not responded to it within 30 days from the date of its dispatch. This shall be without prejudice to the consumer's right to apply to the courts.
- The Slovak Trade Inspection Authority, with its registered office at Prievozská 32, 827 99 Bratislava, ID No.: 17 331 927, which may be contacted for the above purpose at the address of the Slovak Trade Inspection Authority, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at email@example.com or adr.@soi.sk, shall be competent for the out-of-court settlement of consumer disputes arising out of the purchase contract. Internet address: https://www.soi.sk/. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
- The European Consumer Centre Slovakia, with registered office at Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk/ is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the Regulation on online dispute resolution for consumer disputes).
- The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent District Office of the Trade Licensing Department. The Slovak Trade Inspection Authority supervises compliance with Act No 250/2007 Coll. on consumer protection, as amended.
X. Final provisions
- All arrangements between the Seller and the Buyer shall be governed by the law of the Slovak Republic. If the relationship established by the contract of sale contains an international element, the parties agree that the relationship shall be governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights under generally binding legislation.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Act No. 250/2007 Coll. on consumer protection as amended.
- All rights to the Seller's website, in particular the copyrights to the content, including the page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the permission of the Seller.
- The Seller shall not be liable for errors resulting from third party intervention in the online shop or from its use contrary to its intended purpose. The Buyer shall not use any procedures in the use of the Online Shop that could adversely affect its operation and shall not take any action that could enable him or third parties to tamper with or make unauthorised use of the software or other components forming the Online Shop or use the Online Shop or any part thereof or the software in a manner that would be contrary to its intended use or purpose.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.
- The terms and conditions may be amended or supplemented by the Seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
- A sample withdrawal form is attached to the terms and conditions.
These terms and conditions come into force on 1.5.2023
pursuant to § 7 et seq. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance or Off-Premises Contract and Amendment of Certain Acts
Jilemnického 3, Prešov, 08001, Slovakia
I, as the buyer, hereby withdraw from order no. ............................................,
List of returned goods:
Name of goods:
Number of items: