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1. GENERAL PROVISIONS
1. These general terms and conditions regulate the rights and obligations of the contracting parties arising from the purchase contract concluded between:
I. Basic information
Seller:
Almajo, s.r.o., Vyšný Koniec 79 , 023 54 Turzovka
Company ID: 53 765 699
Tax ID: VAT SK2121501140
Account number IBAN: EUR SK49 8330 0000 0028 0199 3785
Account number for orders from the Czech Republic: CZK 2801993822/2010
registered in the register: District Court Žilina, Insert number 57677/L
Contact details:
tel: +421 915 371 630
email: info@almajo.sk
(hereinafter referred to as the "seller")
and
the buyer, the subject of which is the purchase and sale of goods on the seller's e-shop website.
Supervisory authority:
SOI Inspectorate for the Žilina Region
based in Žilina
Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1
Department of Execution of Supervision and Legal Department
tel. no. 041/763 21 30, 041/724 58 68
fax. no. 041/763 21 39
e-mail: za@soi.sk
Address for making complaints, withdrawals from the contract, suggestions and complaints:
Almajo, s.r.o., Vyšný Koniec 79 , 023 54 Turzovka ,Company ID: 53 765 699, info@almajo.sk
2. Subject of the contract
The subject of the contract are only the items of goods and services (products) expressly 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 deliver to the buyers:
a product without defects in accordance with the specification or with the properties usual for the given type of services,
a product complying with the standards, regulations and decrees valid on 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 provisions will apply to all purchase contracts concluded on any e-shop website operated by the seller, on the basis of which the seller will deliver 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 making a complaint about the goods.
3. Order cancellation
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 start of the withdrawal period.
If the seller provided the consumer with information about the right to withdraw from the contract pursuant to § 3 par. 1 letter h) in a timely and proper manner, the consumer is entitled to withdraw from the contract concluded at a distance or from the contract concluded outside the seller's premises within 14 days from the day of receipt of the product, even without giving a reason.
The seller may exercise the right for the performance rendered in the case of the purchase of a product "to order / custom-made" then, if the buyer withdraws from the contract / cancels the contract before the delivery of the product by the seller. The price for the actually provided performance is calculated proportionally based on the total price agreed in the contract.
Cancellation of the order by the seller:
The seller reserves the right to cancel the order or a part thereof in the following cases:
- it was not possible to bindingly confirm the order (incorrectly stated telephone number, unreachable buyer, buyer does not respond to e-mails, etc.).
The general terms and conditions are an integral part of the purchase contract. In the event that the seller and the buyer conclude a written purchase contract in which they agree on conditions deviating from the general terms and conditions, the provisions of the purchase contract will take precedence over the general terms and conditions.
4. METHOD OF CONCLUDING THE PURCHASE CONTRACT
The purchase contract is concluded by the seller's binding acceptance of the buyer's proposal to conclude the purchase contract in the form of an e-mail message sent by the buyer to the seller or in the form of a form filled in and sent by the buyer on the seller's website or in the form of a telephone order by the buyer to the seller (hereinafter referred to as the "order").
The binding acceptance of the buyer's order by the seller is a telephone or email confirmation or confirmation via a private message by the seller to the buyer about the acceptance of the order after the previous receipt of the order by the buyer marked as "order confirmation".
The binding acceptance of the order contains information about the name and specification of the product, the sale of which is the subject of the purchase contract, as well as information about the price of the product and/or other services, the name and information about the place where and how the product is to be delivered, and information about the price, conditions, method and date of delivery of the product or other information.
5. RIGHTS AND OBLIGATIONS OF THE SELLER
1. The seller is obliged to:
a.) deliver to the buyer, based on an order confirmed by the seller, the product in the agreed quantity, quality and date,
b.) ensure that the delivered goods meet the obligations stipulated 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 the acceptance and use of the product and other documents prescribed by valid legal regulations (data on the properties of the product, assembly instructions, operation, use, maintenance, safety warnings in the Slovak language, withdrawal form contract, warranty card / if required by the consumer, resp. if the seller provides a longer warranty period than the legal 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. RIGHTS AND OBLIGATIONS OF THE BUYER
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 based on a distance contract or a contract concluded outside the seller's premises) from the day of receipt of the goods or conclusion of the contract for the provision of the service. By withdrawing from the contract, the consumer cancels the contract from the beginning.
2. The consumer:
a.) takes over the purchased or ordered product,
b.) pays the seller the agreed purchase price within the agreed due date, including the costs of delivering the product,
c.) confirms receipt of the product by e-mail, with his signature, or the signature of a person authorized by him.
3. The consumer has the right to have the product delivered in the quantity, quality, date, manner and place agreed by the contracting parties in the binding acceptance of the order.
7. DELIVERY CONDITIONS
1. Methods of delivery of goods"
Delivery of goods is possible in the following way:
courier delivery
delivery by Slovak Post.
2. Price and payment
When ordering a product and delivering. postage + packaging together
Slovak Post - package weight up to 1 kg 4.90 EUR
Slovak Post - package weight from 1.01 kg 7.00 EUR
GLS courier service 6.90 EUR
DPD courier service 1 kg 9,9 EUR
The price of delivery of goods is valid within the territory of the Slovak Republic. When sending goods abroad, transport costs are calculated individually based on the 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 costs of delivering the goods (hereinafter referred to as the "purchase price") according to Act No. 18/1996 Coll. as amended in the form of:
in cash, directly to the courier, deliveryman,
by bank transfer to the seller's account,
by the Paypal system,
by payment card.
3. In the event that the buyer pays the seller the purchase price by bank transfer, the day of payment is considered to be the day when the entire purchase price was credited to the seller's account IBAN: SK49 8330 0000 0028 0199 3785, VS: order number.
4. The buyer is obliged to pay the seller the purchase price for the agreed product within the period according to the purchase contract, but no later than upon receipt of the product.
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 request a refund of the purchase price only in accordance with the valid legal regulations of the Slovak Republic.
In the event that the buyer does not pay the seller the entire purchase price upon receipt of the product, the contracting parties have agreed that the seller is entitled to withdraw from the purchase contract and request compensation from the buyer for the costs incurred for ordering and delivering the unpaid product.
The prices of the product listed on the seller's website are valid at the time of ordering the goods.
5. The purchase price will be considered paid by crediting the entire 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.
6. The seller reserves the ownership right to the product until full payment of the purchase price.
The proof of purchase issued on the basis of the purchase contract between the seller and the buyer is also a tax document.
The buyer's acceptance of the product is generally possible only after its full payment, unless otherwise agreed.
The cost of transporting the goods is added to the price of the product, as stated above in point 7.2.
7. The product is sold according to the requirements of the buyer and the exhibited samples, catalogs, type sheets, sample books of the seller, placed on the website of the seller's electronic shop.
8. Unless the seller and the consumer agree otherwise, the seller is obliged to fulfill the consumer's order within 30 days of its delivery.
The buyer will take over the product by the means specified in the buyer's acceptance of the order by the seller.
The data on the properties of the products, quantity, dimensions and other data contained in the catalogs, brochures and other documents of the seller placed on the website of the seller's electronic shop are binding data.
The place of delivery of the product is the place specified in the acceptance of the order by the seller, unless the contracting parties agree otherwise in the purchase contract.
9. The seller will deliver the product to the buyer at 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.
10. In the event that the seller delivers the goods 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 the person he authorizes in case of his absence to take over the goods specified in the purchase contract and sign the delivery and handover protocol . A third party authorized to take over the goods specified in the purchase contract is obliged to present the seller with 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 in this way are borne by the buyer, in particular the repeated delivery of goods to the place specified in the purchase contract. The goods are considered delivered at the moment of delivery of the goods to the address specified in the binding acceptance of the order and taken over at the moment of physical acceptance of the goods by the buyer, resp. his authorized representative or refusal to accept the goods, which the carrier will mark in the delivery and handover protocol.
11. The costs associated with carrying out are not included in the purchase price of the goods and the seller is not obliged to provide these services to the buyer.
12. 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 make a complaint about the product with the seller, resp. withdrawal from the contract with the seller.
13. If the seller does not fulfill the contract because he cannot deliver the ordered product or provide the service, he is obliged to inform the consumer about it without delay and return the price paid for the product or advance payment to him within 14 days, unless the seller and the consumer agree on a substitute performance. 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 for ordering the product or services. In the case of substitute performance, the seller is obliged to deliver the product or provide the 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 the ownership right to the goods only after full payment of the entire purchase price for the goods.
9. COPYRIGHTS
Copyrights are governed by the Copyright Act no. 185/2015 Coll. as amended.
10. POINT
11. POINT
12. WITHDRAWAL FROM THE PURCHASE CONTRACT
The buyer is entitled to withdraw from the purchase contract within 14 days of receipt of the goods without giving a reason in accordance with the provisions of § 7 par. 1 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller's premises and on the amendment of certain laws.
The seller is obliged to accept the product and return to the consumer no later than within 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 connection with ordering the goods or services. The consumer bears the costs of returning the product.
The consumer cannot withdraw from the contract, the subject of which is:
a) the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was duly informed that by expressing this consent, he loses the right to withdraw from the contract after the complete provision of the service, and if the service was fully provided,
b) the sale of goods or the provision of a service whose price depends on fluctuations in the financial market that the seller cannot influence and which may occur during the withdrawal period,
c) the sale of goods made according to the special requirements of the consumer, custom-made goods or goods intended specifically for one consumer,
d) the sale of goods that are subject to rapid deterioration in quality or spoilage,
e) the sale of goods enclosed in a protective packaging that is not suitable to be returned for health or hygiene reasons and whose protective packaging has been broken after delivery, Page 8 Collection of Laws of the Slovak Republic 102/2014 Coll.
f) the 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 concluding the contract, while their delivery can be made no earlier than 30 days and their price depends on market fluctuations that the seller cannot influence,
h) the performance of urgent repairs or maintenance, which the consumer expressly requested from the seller; this does not apply to contracts for services and contracts whose subject is the sale of goods other than spare parts necessary for the performance of repair or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order these services or goods in advance,
i) the sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging,
j) the sale of periodicals, with the exception of the sale based on a subscription agreement, and the sale of books not delivered in protective packaging,
k) the 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 period,
l) the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer declared that he was duly informed that by expressing this consent, he loses the right to withdraw from the contract.
Withdrawal from the contract, the buyer will make in writing. In the withdrawal from the purchase contract according to the previous point of these general terms and conditions, the buyer will state the identification of the buyer, the number and date of the order, the exact specification of the product, the method by which the seller is to return the performance already received, in particular the account number and/or postal address.
At the same time as withdrawing from the purchase contract, he is obliged to submit / send / the seller the product together with accessories, including documentation and the original proof of payment.
In the event that the buyer withdraws from the contract and submits / sends / the seller a product that could have been used appropriately, is in a product-damaging packaging and is complete, the seller will return to the buyer the purchase price for the product already paid, stated in the binding acceptance of the order, or within 14 days from the date of receipt of the withdrawal from the purchase contract and delivery of the product to the seller by bank transfer to the buyer's account specified by the buyer.
The seller will return, in the case of a valid withdrawal from the contract, to the buyer the purchase price, including the costs incurred by the buyer in connection with ordering and delivering the product, if the buyer submits to the seller, together with the product, written documents on the costs incurred that the buyer incurred in connection with ordering the product.
The costs incurred by the buyer in connection with ordering the product are considered to be the costs of placing the order, in particular the price for making a telephone 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 filled out and sent the form for ordering goods on the website, or wrote and sent an email with an order for goods.
13. FINAL PROVISIONS
1. The seller reserves the right to change these general terms and conditions. The obligation to notify in writing of a change in these general terms and conditions is fulfilled by placing it on the website of the seller's e-shop.
2. If the purchase contract is concluded in writing, any change to it must be in writing.
3. The contracting parties agreed that communication between them will be carried out in the form of e-mail messages.
4. Relations not regulated by these general terms and conditions are governed by the relevant provisions of the following laws and regulations:
a.) 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 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 Coll. Civil Code (as amended).
5. The buyer is obliged to reimburse the seller for 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 granting the seller express consent according to § 4 par. 6, of the Act.
6. These general terms and conditions come into effect towards the buyer upon conclusion of the purchase contract.
7. If the consumer withdraws from the contract, he will bear the costs of returning the product to the seller according to § 10 par. 3, of the Act and if he withdraws from a distance contract, also the costs of returning the product, which due to its nature cannot be returned by post.
8. The buyer is obliged to reimburse the seller for 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 granting the seller express consent according to § 4 par. 6, of the Act.
9. The seller adheres to the code of conduct.
10. Duration of the contract - during the validity of the warranty period, the conditions for terminating the contract are stated above.
11. Possible solutions to the arisen dispute can also be resolved out of court through mutual agreement.
12. The ownership right to the subject of the contract passes to the buyer only after payment of all payments specified in the contract.
INSTRUCTION ON THE EXERCISE OF THE CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT
Right of withdrawal.
You have the right to withdraw from this contract without giving any reason within 14 days.
The withdrawal period will expire after 14 days from the day of receipt of the product.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) at: info@almajo.sk
For this purpose, you may use the model withdrawal form, which is available at: Almajo s.r.o.
Vyšný Koniec 79, 023 54 Turzovka, IČO: 53765699, info@almajo.sk
, or on the website: https://sentop.eu/content/8-withdrawal
The withdrawal period is observed if you send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us).
We will carry out such reimbursement without undue delay, and not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you wish, you can fill out and send the model withdrawal form or any other unequivocal statement of withdrawal from the contract also electronically via our website: https://sentop.eu/content/8-withdrawal If you use this option, we will immediately confirm receipt of the withdrawal on a durable medium (e.g. by e-mail). Info@lmajo.sk
The deadline is considered to be met if you send back the product before the 14-day period has expired.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product.
The information provided in this instruction forms an integral part of the distance contract or the contract concluded outside the seller's premises and may be changed only with the express consent of both contracting parties.
By sending the order and pressing the "order with obligation to pay" button, the buyer expressly confirms that he has been informed that the order includes the obligation to pay the price.
The seller, immediately after the conclusion of the distance contract, at the latest together with the delivery of the goods, provides the consumer with confirmation of the conclusion of the contract on a durable medium.
The confirmation contains:
- all information referred to in § 3 par. 1, of the Act if the seller has not provided this information to the consumer on a durable medium before the conclusion of the distance contract.
The buyer may withdraw from the contract, the subject of which is the delivery of the product, even before the start of the withdrawal period.
The buyer may exercise the right to withdraw from the contract according to § 7 par. 1 of the Act with the seller in writing or in the form of a record on another durable medium; if the contract was concluded orally, any unequivocally formulated statement of the consumer expressing his will to withdraw from the contract is sufficient to exercise the consumer's right to withdraw from the contract.
The consumer may use the withdrawal form provided to him by the seller.
The withdrawal period is considered to be observed if the notification of withdrawal was sent to the seller no later than on the last day of the period according to § 7 par. 1 of the Act.
The burden of proof on the exercise of the right of withdrawal lies with the buyer.
Obligations of the seller upon withdrawal from the contract:
The seller is obliged, without undue delay, no later than 14 days from the date of delivery of the notification of withdrawal from the contract, to return to the buyer all payments received from him on the basis of the contract or in connection with it; this is without prejudice to the provision of § 8 par. 5 of the Act.
The seller is obliged to return the payments to the buyer according to paragraph 1 in the same way as the consumer used for his payment. This is without prejudice to the buyer's right to agree with the seller on another method of payment, provided that no additional fees will be charged to the buyer in connection with this.
The seller is not obliged to reimburse the buyer for additional costs if the buyer expressly chose a method of delivery other than the cheapest standard delivery method offered by the seller. Additional costs mean the difference between the delivery costs chosen by the buyer and the costs of the cheapest standard delivery method offered by the seller.
In the event of withdrawal from the contract, the subject of which is the sale of the product, the seller is not obliged to return the payments to the buyer according to paragraph 1 before the goods are delivered to him or until the consumer proves that the goods have been sent back to the seller, unless the seller proposes that he will collect the goods personally or through a person authorized by him.
Obligations and rights of the consumer upon withdrawal from the contract:
The buyer is obliged, no later than 14 days from the date of withdrawal from the contract, to send the product back or hand it over to the seller. This does not apply if the seller proposes that he will collect the product personally or through a person authorized by him. The deadline according to the first sentence is considered to be observed if the product was handed over for transport no later than on the last day of the deadline.
In the event of withdrawal from the contract, the buyer bears only the costs of returning the goods to the seller or to the person authorized by the seller to accept the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled the obligation according to § 3 par. 1 letter i) of the Act.
The buyer is only responsible for the reduction in the value of the product that occurred as a result of handling the goods in a way that goes beyond the handling necessary to determine the properties and functionality of the goods. The buyer is not responsible for the reduction in the value of the product if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract according to § 3 par. 1 letter h) of the Act.
In Turzovke, on 1.3.2024