General Terms and Conditions

General terms and conditions
AND.
Basic provision

 

  1. These General Terms and Conditions (hereinafter the “ Terms and Conditions ”) are in accordance with the provisions of Act No. 40/1964 Coll. Civil Code , as amended (hereinafter referred to as the “ Civil Code ”), Act No. 250/2007 Coll., On consumer protection and amending the Act of the Slovak National Council
    No. 372/1990 Coll. on offenses, as amended (hereinafter referred to as
    only the “ Consumer Protection Act”), Act No. 102/2014 Coll., on the protection of consumers in the sale of goods or services under a distance contract or a contract concluded off the premises of the seller and amending and supplementing certain laws (hereinafter referred to as “ " Consumer Protection Act ")

 

Sofianko, Ltd.

IČO: 46206353

DIČ: 2023299223

registered office: Sofianko, sro, Americké námestie 1 811 07 Bratislava

registered in the Commercial Register of the District Court Bratislava 1, Section Sro, File No. 74233 / B

contact details: Sofianko, sro

Statutory Body: Chiboub Hidbani, Bratislava

email: orientsvetgurmanov@gmail.com

Phone: +421 948 308 541

www.orientsvetgurmanov.sk

(" Seller" )

 

  1. These Terms and Conditions regulate the mutual rights and obligations between the Seller and the individual who concludes the Purchase Agreement (hereinafter referred to as the " Buyer ") through a web interface located on the website available at www.orientsvetgurmanov.sk (hereinafter referred to as the " Online Shop ").

  2. The provisions of the Terms and Conditions form an integral part of the purchase contract. Different arrangements in the sales contract take precedence over the provisions of these terms and conditions.

  3. These terms and conditions and the purchase contract are concluded in the Slovak language.

 

II.

Information about goods and prices

  1. Information about the goods, including the prices of individual goods and its main features are given for each goods in the e-shop catalog. The prices of the goods are inclusive of value added tax, all related fees and the cost of returning the goods, if such goods cannot by their nature be returned by post. Prices of goods remain valid for as long as they are displayed in the online store.

  2. All presentations of goods placed in the e-shop catalog are of informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

  3. The online shop publishes information on the costs associated with packaging and delivery of goods. Information on costs related to packaging and delivery of goods stated in the e-shop only applies if the goods are delivered within the territory of the Slovak Republic.

  4. 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.

Order and conclusion of the purchase contract

  1. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself. These costs do not differ from the basic rate.

  2. The buyer orders the goods in the following ways:

    • through your customer account, after prior registration in the online store,

    • filling out the order form without registration.

  3. When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.

  4. Before placing an order, the buyer is allowed to review and change the data he has placed in the order. The Buyer will send the order to the Seller by clicking on the "Send Order" button. The information given in the order is considered correct by the Seller. The condition of validity of the order is to fill in all required information in the order form and to confirm the buyer that he / she has become acquainted with these terms and conditions.

  5. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address entered by the Buyer at the time of ordering. This confirmation shall be deemed to have been concluded. Attachment confirmation are the current business conditions of the seller. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.

  6. In the event that any of the requirements specified in the order cannot be met by the seller, he will send the buyer to his email address a modified offer. The amended offer is considered a new draft of the purchase contract and the purchase contract is in this case concluded by confirmation of the buyer to accept this offer to the seller to his email address specified in these terms and conditions.

  7. All orders received by the seller are binding. The buyer may cancel the order until the buyer receives a notification of receipt of the order by the seller. The Buyer may cancel the order by telephone to the Seller's telephone number or email specified in these Terms and Conditions.

  8. If there is a manifest technical mistake on the part of the seller when stating the price of goods in the e-shop or during ordering, the seller is not obliged to deliver the goods to the buyer for this obviously defective. The Seller shall inform the Buyer of the error without undue delay and send the Buyer a modified offer to the Buyer's email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in this case concluded with a confirmation of receipt by the buyer to the email address of the seller.

 

IV.

Customer's account

  1. Based on the buyer's registration in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.

  2. When registering in the customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data in the user account upon any change. The data provided by the buyer in the customer account and when ordering the goods are considered correct by the seller.

  3. 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 is not responsible for possible misuse of the customer account by third parties.

  4. The buyer is not entitled to allow the use of the customer account by third parties.

  5. The Seller may cancel the User Account, especially if the Buyer does not use his User Account for a longer period of time, or if the Buyer breaches his obligations under the Purchase Agreement or these Terms and Conditions.

  6. The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software of the Seller, or the necessary maintenance of the hardware and software of third parties.

 

IN.

Payment terms and delivery of goods

  1. The price of the goods and any costs associated with the delivery of goods under the purchase contract can be paid by the buyer in the following ways:

    • cash on delivery when handing over the goods,

    • in cash or by credit card for personal collection in operation,

  2. Together with the purchase price, the buyer is obliged to reimburse the seller for the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price includes the costs associated with the delivery of the goods.

  3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is due within 7 days from the conclusion of the purchase contract.

  4. In the case of payment via a payment gateway, the Buyer shall follow the instructions of the respective electronic payment provider.

  5. In the case of a cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's bank account.

  6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price prior to dispatch of the goods is not a deposit.

  7. Pursuant to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, and in case of technical failure within 48 hours at the latest

  8. The goods are delivered to the buyer:

    • to the address specified by the buyer in the order

    • personal collection in the seller's operation

  9. The method of delivery is chosen when ordering the goods.

  10. The cost of delivery of the goods depending on the method of shipment and takeover of the goods are stated in the buyer's order and in the order confirmation by the seller. Where the mode of transport is agreed on the basis of a specific request by the buyer, the buyer bears the risk and any additional costs associated with that mode of transport.

  11. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take the goods on delivery. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with other delivery methods.

  12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event of a breach of the packaging indicative of unauthorized intrusion into the shipment, the buyer need not take the shipment from the carrier.

  13. The Seller shall issue to the Buyer a tax document - an invoice. The tax document is sent to the buyer's email address.

  14. The buyer acquires title to the goods by paying the full purchase price for the goods, including delivery costs, but at first taking over the goods. Responsibility for accidental destruction, damage or loss of goods shall pass to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods but did not do so in violation of the Purchase Agreement.

 

VI.

Withdrawal

  1. The buyer who concluded the purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.

  2. If the purchase contract is concluded at a distance (via the e-shop) or outside the seller's premises and at the same time the seller has provided the buyer with timely and proper information on the right of withdrawal, conditions, deadline and procedure for exercising the right of withdrawal including the form to withdraw from the purchase contract (in accordance with Section 3 (1) (h) of the Consumer Protection Act) and while complying with the legally required facts, the Buyer has the right without mentioning the Consumer Protection Act to withdraw from the purchase contract without any sanction.

  3. The withdrawal period is 14 days

    • at the moment of acceptance of the goods that were delivered last, if the subject of the purchase contract is ordered goods that are delivered separately

    • at the moment of acceptance of the last part or last piece, if the subject of the purchase contract is several types of goods or delivery of several parts,

    • at the moment of acceptance of the first delivered goods, if the subject of the purchase contract is the goods that are delivered during the defined period.

  4. The Buyer acknowledges that in accordance with § 7 para. 6 Paragraph 6 of the Consumer Protection Act cannot, inter alia, withdraw from a sales contract:

    • the provision of a service where its provision has been started with the express consent of the consumer and the consumer has declared that he has been duly advised that, by expressing that consent, he is losing his right of withdrawal after the service has been fully provided and

    • the sale of goods or the provision of services the price of which depends on the movement of prices on the financial market which the seller cannot control and which may occur during the withdrawal period,

    • the sale of goods made to the specific requirements of the consumer, tailor-made goods or goods intended specifically for one consumer,

    • the sale of goods which are subject to rapid deterioration or perishability,

    • the sale of goods enclosed in a protective packaging which is not appropriate to return for health or hygiene reasons and whose protective packaging has been damaged after delivery,

    • the sale of goods which, by their nature, may, after delivery, be inseparably mixed with other goods,

    • the sale of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the contract, the delivery of which may not be made earlier than 30 days and whose price depends on the movement of prices on the market beyond the seller's control;

    • carrying out urgent repairs or maintenance that the consumer has explicitly asked the seller; this shall not apply to service contracts and contracts for the sale of goods other than the spare parts necessary for repair or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order those services or goods in advance,

    • the sale of phonograms, video recordings, audio-visual recordings, books or computer software sold in protective packaging if the consumer has unpacked the packaging,

    • sale of periodicals, except for sales under a subscription agreement and sale of books not supplied in protective covers,

    • the provision of accommodation services other than accommodation, the carriage of goods, the rental of cars, the provision of catering services or the provision of services related to leisure activities and under which the seller undertakes to provide such services within the agreed time or within the agreed time,

    • the provision of electronic content other than on a tangible medium, provided that the provision of such content has started with the express consent of the consumer and the consumer has declared that he has been duly advised that he is losing his right of withdrawal by expressing such consent.

  5. In order to comply with the withdrawal period, the buyer must send any unambiguous statement expressing his / her will to withdraw from the purchase agreement within the stipulated period according to par. 3 of Article VI hereof.

  6. In order to withdraw from the purchase contract, the buyer may use the standard withdrawal form provided by the seller. Withdrawal from the Purchase Agreement shall be sent by the Buyer to the Seller's email or delivery address specified in these Terms and Conditions. The Seller shall confirm the receipt of the form to the Buyer without delay.

  7. The buyer who has withdrawn from the purchase contract is obliged to return the goods to the seller within 14 days from the withdrawal from the purchase contract to the seller. The buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by post due to their nature.

  8. If the Buyer withdraws from the Purchase Agreement, the Seller shall return to the Buyer without delay, but no later than 14 days after the withdrawal, all funds, including delivery costs, received from him in the same manner. The Seller shall return the funds received to the Buyer in another way only if the Buyer agrees with it and does not incur additional costs.

  9. If the Buyer has chosen a method other than the cheapest method of delivery offered by the Seller, the Seller shall refund to the Buyer the cost of delivery corresponding to the cheapest method of delivery offered.

  10. If the buyer withdraws from the contract of sale, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that the goods sent to the seller.

  11. The goods must be returned by the buyer to the seller undamaged, not worn and unpolluted and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for damages incurred on the Goods against the Buyer's claim for refund of the purchase price.

  12. The seller is entitled to withdraw from the purchase contract due to the sellout of the inventory, unavailability of goods, or when the manufacturer, importer or supplier of goods has stopped production or import of goods. The Seller shall promptly inform the Buyer via the email address stated in the order and shall return within 14 days of the notice of withdrawal all the funds including delivery costs received from him under the Contract in the same way or in the manner specified by the Buyer.

VII.

Rights from defective performance

  1. The Seller is responsible to the Buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer received the goods:

    • the goods have the characteristics agreed by the parties and, if not agreed, have the characteristics described by the seller or the manufacturer or which the buyer expected due to the nature of the goods and the advertising carried out by them,

    • the goods are fit for the purpose stated by the seller or for which goods of the same kind are commonly used,

    • the goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

    • the goods are of a corresponding quantity, measure or weight, and

    • goods comply with legal requirements.

  2. Obligations of defective performance shall be imposed by the Seller at least to the extent that the obligations of defective performance of the manufacturer persist. The Buyer is otherwise entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.

  3. If the period of time for which the goods can be used is specified on the goods sold, on their packaging, on the instructions accompanying the goods or in advertising in accordance with other legislation, the quality guarantee provisions shall apply. By guaranteeing the quality, the seller undertakes that the goods will be fit for normal use for a certain period of time or that they will retain their usual properties. If the buyer is rightful for the defect of the goods, the time limit for exercising the rights of defective performance and the warranty period for the period during which the buyer cannot use the defective goods shall not run.

  4. The provisions referred to in the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear of the goods caused by its normal use, to used defective goods corresponding to the use or wear or if this is due to the nature of the goods. The Buyer shall not be entitled to any defective performance if he / she knew before the takeover of the goods that the goods were defective or if the Buyer himself caused the defect.

  5. In the event of a defect, the Buyer may submit a claim to the Seller and request:

    • exchange for new goods,

    • repair of goods,

    • a reasonable discount on the purchase price,

    • withdraw from the contract.

  6. The buyer has the right to withdraw from the contract,

    • if the goods have a material defect,

    • if he / she cannot properly use the item due to repeated occurrence of the defect or defects after repair,

    • in the case of multiple goods defects.

  7. The breach of the contract of sale, which the breaching party already knew at the time of the conclusion of the contract, or had to know that the other party would not have concluded the contract if it foresees the breach, is significant.

  8. For a defect that constitutes a minor breach of the contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to remedy the defect or a reasonable discount on the purchase price.

  9. If a removable defect has occurred repeatedly (usually a third complaint for the same defect or a fourth for different defects) or if the goods have a number of defects (usually at least three defects at the same time), the buyer has the right to claim a discount on the purchase price, withdraw from the contract.

  10. When making a claim, the buyer is obliged to inform the seller of the right he has chosen. Changing the choice without the consent of the seller is possible only if requested by the buyer to repair the defect, which proves to be irremovable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in a minor breach of contract.

  11. If the repair or replacement of the goods is not possible, the buyer may demand a full refund of the purchase price upon withdrawal.

  12. If the Seller proves that the Buyer knew or caused the defect before accepting the goods, the Seller shall not be obliged to comply with the Buyer's claim.

  13. The buyer cannot claim discounted goods for the reason for which the goods are discounted.

  14. The Seller is obliged to accept the complaint in any operation in which it is possible to accept the complaint, possibly also in the registered office or place of business. The Seller is obliged to give the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and how the complaint is handled by the Buyer as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification rejection of the claim.

  15. The Seller or an employee authorized by the Seller shall decide on the claim immediately, in difficult cases within three working days. This period does not include the time appropriate to the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be handled promptly, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. A futile expiry of this period is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract. The moment of filing a complaint is considered to be the moment when the buyer's will (manifestation of the right of erroneous performance) occurs to the seller.

  16. The seller informs the buyer in writing about the result of the claim.

  17. The buyer does not have the right to perform the defective performance if the buyer knew before the takeover of the thing that the thing was defective or if the buyer himself caused the defect.

  18. In the case of a justified claim, the buyer has the right to reimbursement of reasonably incurred costs 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, otherwise the court may not grant it.

  19. The buyer has the choice of way of claiming.

VIII.

Delivery

  1. The Parties may transmit all written correspondence to each other by electronic mail.

  2. The Buyer shall deliver correspondence to the Seller at the email address stated in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer to the email address given in the Customer's account or order.

 

IX

Personal data

  1. Any information you provide in our cooperation is confidential and will be treated as such. Unless you have given us written permission, we will not use your personal information other than for contract performance except for the email address to which business notices may be sent, as this is allowed by law unless you decline it. These notifications may only relate to similar or related goods and may be unsubscribed at any time in a simple way (by sending a letter, email or by clicking on the link in the commercial notice). The email address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the parties.

  2. For more details about privacy, see our privacy policy.

 

X.

Out-of-court settlement of disputes

  1. The out-of-court settlement of consumer disputes from the purchase contract is the competent Slovak Trade Inspection, with its registered office at PO BOX 29, Bajkalská 21 / A, 827 99 Bratislava, Internet address: https://www.soi.sk/en. The online dispute resolution platform, available at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between seller and buyer under a sales contract.

  2. European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44 / A 827 15, Bratislava 212 Slovak Republic, internet address: http://www.evropskyspotrebitel.sk is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on Consumer Dispute Resolution online and supplements Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution Online Regulation).

  3. The seller is entitled to sell goods on the basis of a trade license. Trade control is performed within the scope of its competence by the competent trade licensing office. The Slovak Trade Inspection also oversees, to a limited extent, compliance with the Consumer Protection Act and the Consumer Protection Act in distance selling.

 

XI.

Final provision

  1. All agreements between the seller and the buyer are governed by the law of the Slovak Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights under generally binding legislation.

  2. The Seller is not bound by any codes of conduct in relation to the Buyer in accordance with § 3 para. 1, par. n) of the Act on Consumer Protection in Distance Selling.

  3. All rights to the Seller's website, especially the copyright to the content, including the layout of the site, photos, movies, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or its part without the consent of the seller.

  4. The Seller shall not be liable for any errors caused by the third party's interference with the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and shall not engage in any activity that could allow him or third parties to tamper with or misuse the software or other components of the online store and use the online store, or parts or software equipment in such a manner as to conflict with its purpose or purpose.

  5. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

  6. The Seller may amend or amend the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective period of the previous version of the Terms and Conditions.

  7. An annex to the Terms and Conditions is a sample withdrawal form.

 

 

These Terms and Conditions come into effect on 1.3.2020

 

 

Annex no. 1

 

MODEL FORM FOR WITHDRAWAL

 

SELLER:

Sofianko, Ltd.

IČO: 46206353

Steuernummer: 2023299223

registered office: Americké námestie 1 811 07 Bratislava

registered in the Commercial Register of the District Court Bratislava I, section 74233 / B, file no.

contact details: Sofianko, sro

email: orientsvetgurmanov@gmail.com

Phone: +421 948 308 541

www.orientsvetgurmanov.sk

 

BUYER:

 

Name and surname of the consumer (s) * ..............

Address of consumer (s) * ..............

consumer email address ..............

 

I hereby announce * that I withdraw / withdraw * from the purchase contract, the subject of which was the delivery of the goods / from the contract for the provision of this service *: .............

Date of order / receipt * ..............

 

By withdrawing from the contract of sale / contract *, the consumer returns the purchased goods to the seller, while the cost of returning the goods is borne by the consumer.

 

Signature of consumer (s) * ..............

 

Done at .............. on ..............

 

 

 

* Delete where not applicable.