Terms & Conditions
Terms & Conditions
· CONTACT
Business name: Ján Lehocký
Adress: Záhradnícka 316/12
058 01 Poprad
IČO: 47739657
Tax Identifying Number: 1084274026
Enterpreneur registrated by the District Court Poprad, division of Trade Permission number 740-30079.
IBAN: CZ 8955000000001755146002
Phone: +420720265531
e-mail: p1n.cz@gmail.com
Responsible official: /2/ Ján Lehocký, M.A., MBA
Order acceptance: nonstop through e-shop
Business hours: /phne, e-mail/ Monday - Sunday 9am -8pm
Supervisory body /3/: Inšpektorát Slovenskej obchodnej inšpekcie/Business Inspectorate in Prešov, responsible for the Prešov region, Obrancov mieru 6, 080 01 Prešov, phone: 051/7721597, e-mail: pr@soi.sk
Adresses of Business Inspectorates SOI - due to the regional division of the Slovak Republic /Law 128/2002 Z.z./ and due to the seat of the Company. In case your Company is under the control of other organe , it is necessary to indentify the other supervisory body, e.g. financial bodies under the supervision of the National Bank, or in case of selling of nutritional products the supervision of Regional Office of Public Health, which provided permission. It is suitable to give the number of permission /decision of the providing institution. It is not necessary to present the supervisory body , but its address can be presented in the General Business Terms.
Business Inspectorate , seat Bratislava for the Bratislava region
Business Inspectorate, seat Trnava for the Trnava region
Business Inspectorate. Seat Trenčín for the Trenčín region
Business Inspectorate, seat Nitra for the Nitra region4
Business Inspectorate, seat Žilina for the Žilina region
Business Inspectorate, seat Banská Bystrica for the Banská Bystrica region
Business Inspectorate , seat Prešov for the Prešov region
Business Inspectorate, seat Košice for the region Košice
BUSINESS CONDITIONS/TERMS
General Business conditions/Terms of the on-line shop/e-shop
ART. 1
QUALIFICATION OF TERMS
1/ Web site/e-shop operator is p1n.cz, address Záhradnícka 316/12, 058 01 Poprad
2/ Vendor/Seller is Ján Lehocký, Záhradnícka 316/12, 058 01 Poprad
3/ Provider of products and services offered in the e-shop www.p1n.cz is www.p1.n.cz , seat Záhradnícka 316/12, 058 01 Poprad
4/ Buyer/customer is every visitor to the e-shop, who did a binding order. Due to the Law 102/2014, customer is a physical person, who at concluding the contract doesn´t act within the framework of his business activities or profession.
5/ E-shop is a computer system situated in the Internet network with a public access enabling ordering of products and services through electronic device.
6/ For goods and services we consider all the products published on the e-shop sites, that are possible to be ordered at the given price /the zero price is not possible/.
7/ The Buyer fully accepts the electronic communication, first of all the through e-shop, e-mail communication and phone communication as well, in case it is sure that the Vendor/Seller is in communication with the Buyer or an authorized person.
8/ In case of the relationship between the Vendor/Seller and the Buyer originated in another way than through electronic devices and this is not the relationship between the service provider of an information company and a recipient of services of an information company , these general business conditions are applied only to the extent necessary, which corresponds to legislation and to logical arrangement, unless otherwise agreed.
ART. II
THE PRICE
1/ All the given prices in case of products and services are final, VAT 20 % included [4]
2/ The Vendor is bound by the price given on the e-shop sites at the moment of purchase.
ART. III
THE ORDER
1/ The order is created by confirming the order process in the e-shop due to choice of products or services including the completion of the order form and its sending to the Vendor/Seller. It is necessary to fill in all the data and to choose the transport possibility and the payment.
2/ Having sent the order , the Buyer agrees with the price for the ordered products and services. Due to its sending to the Seller, the order becomes to be binding, it is the proposal for concluding the contract with the Vendor/Seller.
3/ Just after having sent the order, the Buyer receives a generated e-mail from the Seller, the Buyer is informed that his order was received. Such an e-mail isn´t any confirmation of the goods, due to § 4 of this Article.
4/ Confirming the order by the Seller, a purchase contract is created. This can only be changed due to the mutual agreement between the Seller and the Buyer, unless the law or regulation provides otherwise. Confirmation of the order is done by an electronic message or by a SMS sent to the mobile of the Buyer. The mobile phone number provides the Buyer in the order. By the electronic message can the Seller also clearly refuse the order.
5/ If the Seller isn´able to fulfill the order within the agreed time limit because of various reasons /e.g. the goods aren´t produced, it is not possible to get the goods at the producer or at external warehouse, or there have been done some changes by the producer, or because of force majeure/, the Seller can cancel the order and he sends an e-mail about it to the Buyer. The Seller has the right to cancel the order in case, when the Buyer provided incorrect or misleading data that weren´t possible to be confirmed, e.g.incorrect e-mail contact, phone number, or non-existing address. If the Buyer paid an advance, this is to be paied back by the Seller within 14 days.
ART. IV
TERMS OF PAYMENT
1/ The following ways of payment for goods and services form the e-shop are possible:/5/
2/ Invoice - payment due the invoice
3/ Payment due to the gift voucher.
4/ A gift voucher contains a prepaid amount , which is available to the Buyer. Validity of the voucher is written on it. Nominal value of the gift voucher can be discussed with the Seller.
5/ Surcharges for individual payments are presented in the Art, VI of the General Business Conditions.
6/ The Seller can provide some discount options to the Buyer:
7/ Discount from the price for registration in the e-shop.
8/ Re-purchase discount.
9/ Discount based on a discount coupon.
10/ Provided discounts cannot be cumulated.
ART V
TERMS OF DELIVERY
1/ The Seller is obliged to send the goods within 30 days since the creation of the order, unless otherwise agreed, or if the delivery wasn´t prolonged.
2/ The warehouse dispatches the goods according to its capacity in the shortest possible time period.
3/ If there are more goods or services in the order and some of them are not in stock, the Buyer is informed about the situation and the partial deliveries are agreed.
4/ The invoice/tax document, the instrutions and other documents concerning the goods or services are sent to the Buyer together with the goods.
5/ The place of performance is the place, where the goods are delivered.
6/ The transport is realised:[6]
a/ ONLINE
ART. VI
TRANSFER OF OWNERSHIP
1/ Ownership passes from the Seller to the Buyer at the moment of taking over the goods from the Seller or from the carrier.
ART. VIII
CANCELLATION OF THE BUSINESS CONTRACT
The consumer has the right to cancel the ordered goods or services within 24 hours after having concluded the contract without any cancellation fees , also in case of goods or services produced due to specified demands of the Buyer.
ART. IX
The right of the Buyer to give back the service without the reasin presented and instructions for the client:
1/ Due to the Law 102/2014 Z.z. about protection of the consumer at sale of goods or services according to the distance contract or according to the contract concluded outside the premises, and due to the amendment of some laws due to § 7 on withdrawal from the contract within 14 days from the delivery of the goods or services. For other reasons Section 2 or 3 of the Law is applied. If the subject of the contract is delivery of goods as well, the consumer has the right to withdraw from the contract before the delivery of the goods.
2/ In case the consumer wants to excercise this right, he is obliged to provide the written withdrawal personally not later than the last day of the specified period to the Seller´s address given in the contacts. Eventually, the consumer can excercise this right in the form of a record on another permament carrier. After having informed about withdrawal, the consumer is obliged to send or to bring personally the subject of the contract together with its complete documentation , e.g. the original invoice, user´s instructions, etc within 14 days after having signed the cancellation of the Business contract. /§10 , section 1 of the Law/. For the Buyer we recommend to have the copy of the original invoice and to send the goods as an insured registrated shipment. For withdrawal of the contract use the form "Withdrawal from the contract", in which it is necessary to provide at least the data marked with the star "*".
(https://www.nakupujbezpecne.sk/docs/form/odstupenie%200d%2ozmluvy.pdf)
3/ The goods aren´t to be delivered as a registrated shipment, such shipment won´t be taken.
4/ The e-shop operator pays back the money for goods/services including the shipment costs due to the § 9, section 3 of the Law 102/2014 Z.z. as well as all the costs bound with ordering the goods within 14 days from the date of cancellation of the Business contract. The operator won´t pay back the money before the goods is delivered or before the client doesn´t prove the goods has been sent back to the Seller. This is not the case, if the Seller wants to pick up the goods himself.
5/ The costs bound with giving back the goods are paied by the client.
6/ The right of the withdrawal from the contract isn´t applied for goods and services identified in the §7, section 6letter a) to l) of the Law 102/2014Z.z.
7/ The client bears any decreasing of the value of the goods caused by its using over the time necessary to find out functionality and features of the goods.
8/ in case the subject of the shipment is the subject of digital content, the client realises that he cannot withdraw from the contract after its refunding.
ART. X
RIGHTS AND OBLIGAIONS OF THE CONTRACTING PARTIES
1/ the Seller and the Client/Buyer are considered for contracting parties.
2/ The Buyer is obliged:
3/ to take over the ordered goods
4/ to pay the contracted sum for the goods
5/ to check integrity of the packing or to check the goods at taking over
6/ The Seller is obliged:
7/ to deliver the goods in contacted quality
8/ together with the goods to send to the Buyer the complete documentaion, e.g. the invoice, users´instructions in the Slovak language, the complaint form.
ART. XI
PROTECTION OF PERSONAL DATA
1/ The personal data are elaborated due to the Law N.18/2018 Z.z. on Protection of personal data and Amendement.
2/ The operator/Seller doesn´t provide the personal data of the Buyer to the third person, except for the state authorities in case of control, or except for intermediary according the common contract due to the Law N. 18/2018Z.z.
3/ The operator/Seller is obliged to secure the personal data by applying proper technical and organisation measures. All co-workers are obliged to respect the law of secrecy.
4/ The rights are identified due to the § 19 of the Law N.18/2018 Z.z. on Protection of personal data , specifically:
>The right for information according the content of the contract and according the business terms,
>The right to require access to personal data concerning the contracting person § 21 of the Law - it is the right to find out, how and in which way are your data elaborated. You may ask for this on the address of the contact e-mail.
> The right for correction of the personal data - § 22 of the Law - to correct your data, if they are not right.
> The right to delete the data - § 23 of the Law in case, you don´t want your data would be elaborated later by the operator.
> The right for limited elaboration of your data - § 24 of the Law , it is for the case you realize, that your data have been elaborated against the Law.
> The right to oppose elaboration of personal data - § 27 of the Law.
> The right for precise personal data.
> The right to file a complaint to the supervisory authority concerning eleboration of personal data.
1/ The operator/Seller gets from the Buyer the following data: degree, name, surname, invoice address, phone number, e-mail contact, social network - the date neccessary to elaborate your order. These personal data are preserved for period of 10 years. Your personal data are used for invoicing and accounting purposes.
2/ These sites record your IP address, information about the time you spend surfing on these sites, information from which site do you come to our sites. Cookies are text files in your computers and are used to measure the site traffic. Thanks to these sites we are able to offer you more quality. Some cookies are files of the third parties, e.g.Google, YouTube, etc.
3/ You can delete cookies anytime you want, or you can set them in the Internet browser. If you want to refuse cookies, set this in your Internet browser.
4/ If the buyer agrees with elaboration of his personal data in the e-shop for purposes of e-mail marketing, he agrees as well with sending the e-mail messages to the contact e-mail address.
5/ The personal data for e-mail marketing purposes /name, surname, e-mail address/ are provide for the period of 5 years. These data are not provided to the third parties.
6/ The Buyer can withdraw his agreement anytime he wants by sending his Withdrawal. Withdrawal is also possible by unchecking the box in the user account /if the buyer has an user account/. Then, we will not use your data for purposes of e-mail marketing.
7/ If the Buyer agreed his data would be elaborated in the e-shop for SMS marketing purposes, he agreed also with sending SMS on his contact number.
8/ Personal data for SMS marketing - name, surname, phone number - are provided for the period of 5 years.
9/ Your approval can be cancelled anytime by sending the Withdrawal. Then, your data are immediatly deleted. Withdrawal is also possible by unchecking the box in the user account /if the Buyer has an user account/. Then, we won´t use your personal data anymore.
ART XII {7}
COMPENSATION FOR NON-ACCEPTANCE OF THE SERVICE
>The Seller has the right for compensation (DUE TO § 420 and following of the Civil Code) in case the Buyer had ordered a service and he didn´t cancel it or he didn´t withdraw from the Contract, or he didn´t take over this service within the contracted period. The Buyer violated the Contract according the Article X, point2), Letter a) due to which the Buyer is obliged to take over the service.
> Evaluating financial damages , the Seller considers all the costs and fees bound with this service and with its administration , as well as the lost of profit.
>The Seller has the right not to apply the the right for compensation, or to apply it only partially.
ART XIII
FINAL APPOINTMENTS
1/ The Seller retains the right to change or to fill up the General Business Terms and Complaint conditions without prior contacting the Buyer. The whole purchase process works due to the General conditions valid at the moment of sending the order by the Buyer that were published on the Internet site of the Seller.
2/ Complaint conditions are an inseparable part of the General Business Terms.
3/ By sending an order the Buyer confirms that he has read the General Business Terms and the Complaint conditions.
4/ These conditions were elaborated within the certification project of the e-shop nakupujbezpecne.sk.
5/ These general Business conditions and the Complaint conditions are to be found in the seat of the company and they are to be seen on the Internet site of the e-shop.
6/ If the Buyer is not satisfied with an arrangement of his compaint or if he thinks his rights were broken, the Buyer has the right for an adequate remedy. If this is not arranged within 30 days by the Seller, due to § 12 of the Law 391/2015 about an alternative solution, the Buyer has the right to submit a proposal for an alternative solution of the consumer dispute. The subject to solve these disputes is the Slovak Business Inspectorate (www.soi.sk) or other juridical subject inscripted in the list or subjects for alternative solutions of disputes at the Ministry of Economy of the Slovak Republic. (https://www.mhsr.sk/zoznam-subjektov-alternativneho-risenia-spotrerbitelskych-sporov/146987s). The consumer has the right to choose any of these subjects. The consumer has the right to use the platform for solution of disputes on line : https:// ec.europa.eu/consumers/odr/.The information about the fees are presented on the Internet sites of any of these subjects.
7/ All the relations concerning the Business Terms and their inseparable supplements work due to the Law 40/1964 Zb, Law 250/2007 Zb, Law 102/2014 Z.z. , Law 122/2013 .z., Law 22/2004, and Law 513/1991 Z.z.
8/ In case of concluding other contract with the Buyer with different conditions, those conditions have favor solutionis.
9/ General Business conditions/terms including the iseparable supplements enter into force on May 23,2020.
5 COMPLAINT CONDITIONS
The Complaint conditions of the e-shop are an inseparable part of the General Business conditions/terms.
1/ To claim is only the goods that was bought at the Seller and that is property of the Consumer.
2/ If the Buyer is a consumer /a physical person, who doesn´t act within his business or proffession/, for each goods there is provided a guarantee of 24 months, if there isn´t agreed otherwise, it works due to the Law of consumer protection and due to these Complaint conditions. If the consumer ordered an used thing and he was informed about it, the guarantee is given only for 12 months. If the Buyer is not a consumer, the process works due to the Commercial Code , the guarantee is given for 1 year and Complaint conditions cannot be applied for such situations.
3/ The guarantee period enter into force at the day of taking the goods over from the delivery service or from the Seller .
4/ The Buyer is obliged to claim the goods at the Seller just after having detected a defect.
5/ The Seller is not responsible for the following defects:
6/ Mechanic defect caused by the Buyer
7/ Uncorrect manipulation with the product, manipulation not according to the users´instructions.
8/ Using the goods at adverse conditions - humidity, chemical and mechanic conditions,
9/ Neglecting maintainance.
10/Damaging the goods by overloading it.
11/Using the goods contrary to conditions presented in the documentation, technical standards, and safety instructions, or other violation of guarantee conditions.
12/ The Seller isn´t responsible for defects caused by natural disaster.
13/Responsibility for defects cannot by applied in case of wear and tear of goods or of its parts. For defect cannot be considered minimum shelf life or limited consumption time. The minimum consumption time is presented on the goods /if neccessary/.
14/The claimed goods is to be sent on our address or it can be brought personally. Cash on delivery is not allowed. To avoid damaging, it is nessessary to ensure proper packing of the goods. We recommend to send the goods registrated and insured. It is neccessary to attach the copy of invoice and the Complaint form .
(https://www.nakupujbezpecne.sk/docs/form/reklamacia.pdf)
The complaint has to be sent in written form or to be brought personally /the e-mail form is not allowed/.
15/ The Seller confirms accepting of claim and gives a confirmation o fit to the Buyer. For the day of acceptance of the claim is considered the day when claim was delivered. If it is not possible to provide the confirmation immediatly, the Seller has to do it as soon as possible, at the latest together with the papers about complaint handling. It must be done in a written form.
16/The Seller has to handle the complaint immediatly, in several complicated cases within 3 days. In special cases /complicated technical reasons/ within 30 days after having accepted the complaint. After 30 days the Buyer has the right to withraw from the Contract and the full sum for goods will be reimbursed to him , or the Buyer has the right for exchange of goods.
17/ The Buyer´s rights at applying the Complaint conditions:
18/In case of defect that is possible to remove, the defect shall be removed as soon as possible, without any delay.
19/ Instead of removing the defect, the Buyer can demand changing of the goods or of its part, if the costs of exchange are acceptable for the Seller-
20/ Also the Seller can change the goods instead of removing the defect, if it is acceptable for the Buyer.
21/ In case the defect is unremovable, the Buyer has the right for changing the goods or to withdraw from the Contract. This is also applied in case, when the defect is removed but it occures repeatedly and there is impossible to use the goods properly.
22/ If there are other irremovable defects, the Buyer has the right for a reasonable discount.
23/ The complaint is considered for settled when the goods is taken over, changed or by giving back the money to the Buyer, or by rejecting the compaint.
24/ About the result of the complaint procedure is the client informed within legal deadline.
25/ It is necessary to check inviolability of goods or packing at taking the goods over, as it is possible that the goods is damaged during its transport. We recommend to unpack the goods in the presence of the carrier. Giving your signature you proclaim , that packing is undamaged.
26/ These compaint conditions are an inseparable part of the General Business terms.The Seller reserves the right to change it anytime without previous annoncement.
27/ Contact: Ján Lehocký, Záhradnícka 316/12, 058 01 Poprad, p1n.sk.cz@g mail.com
[1] Stated in the case of a legal person - the Company is entered in the Commercial Register of the Regional Court ..... (Prešov), part .... (Ltd), insert number (15478/P). In case of physical person - entrepreneur - entered in the District office in .... (Poprad), number ....(740-5041214).
[2] Responsible person is the person overseeing the e-shop in the same way as in case of "stone shops". The responsible person can be the owner of the shop or other person.
[3] In case of e-shop the supervisor is the Business Inspectorate of the region, where is the seat of the company. Use only one address and delete the entry 3.1
[4] The VAT non-payer deletes "including 20% VAT". The entry will be - All the given prices of goods and services are final. We are not VAT payers.
[5] It is necessary to choose or to fill the offered payment possibilities.
[6] It is necessary to choose or to fill the transport possibilities.
[7] In case you don´t want to apply compensation for damage in case of non-acceptance of the goods, you can delete this Article.
In Poprad, May28, 2020