TERMS AND CONDITIONS
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Company name and address
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Capital System s. r. o. Bratislavská 35j/2558 93101 Šamorín |
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Business ID: Tax ID: Vat no. reg: |
46320822 2023338834 SK2023338834 |
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Register: |
The company is registered in the Commercial Register of the Bratislava District Court, section Sro, in insert number 75612/B |
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Bank information: |
UniCredit Bank Czech Republic and Slovakia, a.s. bank account: 1366669002/1111 IBAN: SK27 1111 0000 0013 6666 9002 |
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Contact:
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+421 948 167 700 |
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Receiving orders via the e-shop: |
nonstop |
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Working time: |
Monday-Friday 8.00-16.00 |
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Eshop manager: |
Bc. Marcel Čápka |
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Supervisory authority: |
Inšpektorát Slovenskej obchodnej inšpekcie so sídlom v Bratislave pre Bratislavský kraj Prievozská 32, P.O.BOX 5 820 07 Bratislava 27 tel.: 02/58272 172 e-mail: ba@soi.sk |
General terms and conditions of the online shop (e-shop)
Article I.
Definitions
1. The operator of the website (e-shop) is Capital System s.r.o., based at Bratislavská 35j/2558, 93101 Šamorín.
2. The Seller is Capital System s.r.o., with its registered office at Bratislavská 35j/2558, 93101 Šamorín
3. The supplier of goods and services offered in the e-shop www.colorway-shop.sk is Capital System s.r.o., based in Bratislavská 35j/2558, 93101 Šamorín.
4. A buyer is any visitor to the e-shop who has placed an order through the e-shop. For the purposes of Act No. 102/2014 Coll., a consumer is a natural person who does not act within the scope of his/her business activity, employment or profession when concluding and performing a consumer contract.
5. An e-shop is a computer system located on an internet network with public access that allows ordering of goods or services.
6. Goods or services are all products published on the e-shop pages that can be ordered (they have a price and this price is not zero).
7. The Buyer fully accepts electronic communication, in particular via e-shop, e-mail communication as well as telephone communication, as long as it is indisputable that the Seller communicates with the Buyer or his authorised person.
8. These General Terms and Conditions shall apply to the relationship between the Seller and the Buyer, which has been established otherwise than by means of remote electronic devices and is not a relationship between the provider of information society services and the recipient of information society services, only to the extent necessary to comply with the law and the logical order of things, unless otherwise agreed between them.
Article II.
Price
1. All prices quoted for goods are final including 20% VAT.
2. The Seller is bound by the price indicated on the e-shop page at the time of purchase.
Article III.
Order
1. The order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including the complete completion of the order form and sending it to the seller. For the correct and proper processing of the order, it is necessary to fill in the required data in the order form and to choose the options of transport and payment for the ordered goods or services.
2. By sending the order, the buyer agrees to the price of the ordered goods and services. By sending the order, it becomes binding for the buyer, i.e. it is a proposal to conclude a purchase contract with the seller.
3. After placing an order in the e-shop, an information e-mail is automatically generated and sent to the Buyer informing him that the Seller has received the Buyer's order for processing by the e-shop. This e-mail is not a confirmation of the goods within the meaning of paragraph 4 of this article.
4. Confirmation of the order by the Seller creates a contract of sale, which may be amended or supplemented only by mutual agreement between the Buyer and the Seller unless otherwise provided by law or other legal regulation. Confirmation of the order by the Seller is an electronic message sent by the Seller to the Buyer's e-mail address or a short text message sent to the Buyer's mobile phone number provided by the Buyer in its order with information to what extent the Buyer's acceptance of the order is uncontested. An electronic message from the Seller that does not confirm, reject or refuse or otherwise clearly does not accept the Buyer's order is a rejection of the Buyer's order.
5. If the Seller is unable to fulfil the order or part of it within the time limit for processing the order with the best efforts for reasons such as the goods are not produced, are not available from the manufacturer or the external warehouse of the supplier, the manufacturer has made such serious changes that it is not possible to implement the order or for reasons of force majeure, the Seller may cancel the order, of which he will send an e-mail to the Buyer. The Seller also has the right to cancel the order if the Buyer has provided false or misleading information in the order that cannot be verified, such as an incorrect e-mail, telephone contact or an incorrect or non-existent address. If the Buyer has paid an advance payment, the Seller is obliged to return it to the Buyer within 14 days.
Article IV.
Payment terms
1. You can pay for goods and services in the e-shop in the following ways:
0. payment on delivery (you pay directly to the courier when collecting the goods, only in Slovakia)
1. payment upon personal collection at the shop (only in Slovakia)
2. payment on the basis of advance invoice - in advance, the goods will be dispatched after receipt of funds on our account,
3. payment on the basis of an invoice with the due date stated on the invoice,
4. payment based on a gift voucher,
5. payment by credit cards through GP payment gateway (Visa, Mastercard)
2. A gift voucher is a prepaid amount of money that the purchaser can use when making a purchase based on sufficient available prepaid funds. The expiration date of the voucher is stated on the voucher. The face value of the gift voucher may be agreed with the purchaser.
3. The surcharges for each payment option are set out in Article VI of these General Terms and Conditions.
4. The Seller may provide the Buyer with discount options:
0. a discount on the price of registration to the e-shop,
1. Repeat purchase discount,
2. discount based on a one-time discount coupon,
5. Discounts cannot be cumulative.
Article V.
Delivery conditions
1. The Seller is obliged to send the goods to the Buyer within 30 days from the creation of the order, unless otherwise agreed, or unless a longer delivery period has been specified for the goods.
2. If the goods are in stock, they are dispatched according to capacity as soon as possible.
3. If there are several goods and services in the order and some of them are out of stock, we will inform the buyer about this with partial delivery options.
4. Together with the goods, the customer is sent an invoice (tax document), instructions and other documents for the goods or services from the manufacturer.
5. The place of performance shall be deemed to be the place to which the goods are delivered.
6. The Seller carries out the delivery to the Buyer by:
1. courier company Slovak Parcel Service s.r.o., based at Senecká cesta 1, 821 01 Ivanka pri Dunaji
2. in person at the selected establishment in the order,
3. by the seller's own transport
4. through the service Zásielkova.sk, operated by the company Zásielkovňa s. r. o., with its registered office at Kopčianska 3954/39, 851 01 Bratislava.
Article VI.
Shipping charges, packaging and payment options
1. When paying in advance to a bank account on the basis of an advance invoice or through payment gateways, we charge for the transport fee:
0. when shipping by courier company with delivery within 2 working days after dispatch from our warehouse - 3,50 €
2. Cash on delivery (pay on collection to the courier):
0. when shipping by courier company with delivery within 2 working days after dispatch from our warehouse - 4,50 €
3. The Seller may also agree with the Buyer on a procedure other than the standard (above) procedure for sending goods or services as well as the prices for these services.
4. The Seller may send the goods which are immediately available to the Buyer and deliver the remaining part of the order additionally within the statutory period, provided, however, that the Buyer will not be charged any additional postage costs, except for those included in the order.
Article VII.
Transfer of ownership
1. Title passes from the seller to the buyer at the moment of receipt of the item from the seller or carrier.
Article VIII.
Cancellation of the purchase contract
1. The buyer has the right to cancel the ordered goods or services within 24 hours from the beginning of the purchase contract without a cancellation fee for goods that are made to order, according to the specific requirements of the consumer or specifically for a single consumer.
Article IX.
Consumer's right to return goods without giving a reason and consumer's instructions
1. On the basis of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts (hereinafter referred to as "the Act"), the consumer has the right to withdraw from the purchase contract within 14 calendar days from the date of receipt of the goods, if the seller has fulfilled the information obligations under this Act, for other cases, paragraph 2 or 3 of the Act applies. If the subject matter of the sales contract is the delivery of goods, the consumer shall also have the right to withdraw from the contract before the delivery of the goods.
2. If the consumer wishes to exercise this right, the written withdrawal from the purchase contract must be delivered in person to the contact address of the seller on the last day of the specified period at the latest, or handed in for postal delivery on the last day of the period at the latest to the address indicated in the contacts. After notification of withdrawal, the consumer is obliged to send or deliver in person the subject of the
contract from which he withdraws together with all documentation - e.g. the original invoice, instructions and other documentation for the goods, which was delivered to him together with the goods, but no later than 14 days from the date of withdrawal (§10 (1) of the Act). Buyers are advised to make a copy of the invoice for their own use and to send the goods by registered mail and as insured delivery. You can use the following form to withdraw from the contract: Withdrawal from the Purchase Contract, in which it is necessary to fill in at least the data marked with "*" - an asterisk. (http://www.colorway-shop.sk/user/upload/odstupenie_od_kupnej_zmluvy.pdf).
3. Please do not send goods to us COD, such shipment will not be accepted.
4. The e-shop operator returns the paid performance for the goods / service including the cost of transport in accordance with § 9 (3) of Act No. 102/2014 Coll. as well as the costs demonstrably incurred for ordering the goods within 14 days from the date of receipt of the withdrawal from the contract, but does not have to return the money before the goods are delivered or the consumer does not prove the sending of the goods, this does not apply if the seller has proposed that he picks up the goods himself.
5. The cost of returning the goods shall be borne by the consumer.
6. The right of withdrawal does not apply to goods and services as defined in §7(6)(a) to (l) of Act No. 102/2014. Z.z.
7. The consumer shall bear any diminution in the value of the goods caused by their use beyond what is necessary to ascertain the functionality and characteristics of the goods.
Article X.
Rights and Obligations of the Parties
1. The Seller and the Buyer shall be deemed to be the parties to the Contract.
2. The buyer is obliged to:
0. to collect the ordered goods,
1. pay the agreed consideration to the seller for the goods,
2. to check the integrity of the packaging or the goods themselves upon receipt.
3. The Seller is obliged to:
0. to deliver the goods to the customer in the required quality, quantity and at the agreed price,
1. together with the goods or additionally send to the customer all documents for the goods, such as the invoice for the goods, the claim letter, the instruction manual in a codified form of the Slovak language.
Article XI.
Privacy Policy
1. Personal data are processed in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data, as amended.
2. The controller does not provide the personal data of the buyer to a third party, except for the selected transport company that provides delivery of goods or services, or to state authorities in case of inspection, or to an intermediary, based on a mutual contract concluded pursuant to Act No. 18/2018 Coll.
3. The controller is obliged to secure personal data against their disclosure to unauthorised persons by taking appropriate technical and organisational measures. Also, all employees of the controller are obliged to observe confidentiality in relation to personal data.
4. The data subject shall have the rights defined under Art. 19 et seq. 18/2018 Coll. on the protection of personal data as amended, namely:
a) the right to information, which is fulfilled by this content and the terms and conditions,
b) the right to request access to personal data relating to the data subject - Section 21 of the Act consists in your right to request how and for what purposes your data are processed, and you can address this request to the contact e-mail.,
c) the right to rectification of personal data - Section 22 of the Act allows you to rectify personal data if it is out of date,
d) the right to erasure of personal data - Section 23 of the Act you can use if you do not want the controller to continue to process personal data,
e) the right to restrict the processing of personal data - Section 24 of the Act you exercise if you believe that personal data has been processed in breach of the law,
f) the right to object to the processing of personal data - Section 27 of the Act,
g) the right to portability of personal data,
h) the right to lodge a complaint with a supervisory authority in relation to the personal data processed.
5. The Controller obtains the following personal data from the Buyer: title, first name, surname, delivery address, billing address, telephone number, e-mail address, which are processed for the purpose of correct processing of your order. This personal data is kept for 10 years for archiving purposes. In the context of order processing, personal data is processed for the purpose of issuing invoices, issuing warehouse (delivery) notes, arranging transport as well as accounting in the accounting system.
6. The operator has authorised the intermediary, which is the operator of the heureka.sk internet portal with the Verified by Customers service, Heureka Shopping, s.r.o., with its registered office at Karolínska 650/1, 186 00 Praha, ID No.: 02387727, to process personal data in the range of first name, surname, e-mail and information about the ordered goods on behalf of the e-shop operator for the purpose of evaluating the quality of the purchase. For the purpose of this evaluation, the intermediary sends a one-time e-mail to the buyer with the possibility of evaluation.
7. These sites record your IP address, information about the amount of time you spend viewing those pages, and information about what pages you come to us from. Cookies are text files that are stored on your computer and are also used to measure site traffic and customize the display of the site, and through these files we are able to offer you a better. We therefore see these files as our legitimate interest. Some cookies are third-party files, e.g. Youtube, Google, etc.
8. You can delete cookies at any time or set their collection directly in your browser settings. If you wish to refuse the collection of cookies, please set this in your internet browser.
9. If the buyer has consented to the processing of personal data in the e-shop for the purpose of e-mail marketing, he/she has consented to the sending of e-mail messages to the contact e-mail address.
10. Personal data for e-mail marketing purposes in the scope of first and last name, e-mail address are provided for a period of five years. This personal data is not disclosed to third parties.
11. The purchaser may withdraw his consent at any time by sending a Withdrawal of personal data processing, which we delete immediately. Opting out is also possible by unchecking a box in the user account of the user (if the buyer has requested the creation of a user account). For our part, we will no longer use the personal data provided by you for email marketing purposes.
12. If the buyer has consented to the processing of personal data in the e-shop for SMS marketing purposes, the buyer has consented to the sending of SMS messages to the contact telephone number. 13. Personal data for SMS marketing purposes in the scope of name and surname, phone number are provided for a period of five years.
14. The buyer may withdraw his consent at any time by sending a Withdrawal of Personal Data Processing, which we delete immediately. Opting out is also possible by unchecking a box in the user account of the user (if the buyer has requested the creation of a user account). For our part, we will no longer use the personal data provided by you for email marketing purposes.
Article XII.
Compensation for non-acceptance of goods
1. The Seller has the right to compensation for damages (according to the provisions of § 420 et seq. of the Civil Code), if the Buyer ordered the goods, which did not or did not withdraw from the contract and at the same time from the carrier did not take over the goods or after the Seller's call, in the case of personal collection, did not take over the goods within the specified period for collection. By doing so, the Buyer has breached its obligation set out in Article X(2)(a), according to which the Buyer is obliged to take delivery of the ordered goods.
2. When determining the amount of compensation, the Seller shall take into account, in particular, the transport costs and related fees in the case of sending the goods, the costs associated with packaging, shipping and administration of the order as well as all other costs incurred in the implementation of the order in question, and at the same time has the right to charge for lost profits.
3. The Seller has the right not to exercise the right to compensation or to exercise this right only in part.
Article XIII.
Final provisions
1. The Seller reserves the right to amend these General Terms and Conditions and the Complaints Policy without prior notice to the Buyer. In the event of a change to the General Terms and Conditions or the Complaint Conditions, the entire purchase process
shall be governed by those General Terms and Conditions that were in force at the time the Buyer placed the order and these are available on the Seller's website.
2. The Complaints Policy is an integral part of these General Terms and Conditions.
3. By submitting the order, the buyer has read the general terms and conditions as well as the terms and conditions of complaint.
4. These terms and conditions have been developed as part of the buyujbezpecne.sk e-shop certification project
5. These General Terms and Conditions and the Complaints Policy are available at the company's headquarters for the buyers to view and are published on the e-shop website.
6. If the consumer is not satisfied with the way in which the seller has handled his/her complaint or if he/she believes that the seller has violated his/her rights, he/she has the possibility to turn to the seller for a request for redress. If the Seller responds to the request for redress in a negative manner or fails to respond within 30 days from the date of its dispatch, the consumer has the right to request redress in accordance with Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, the right to submit a proposal for the initiation of an alternative solution of their dispute. The competent entity for alternative dispute resolution of consumer disputes with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or another competent authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Justice of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s), while the consumer has the right to choose which of the above-mentioned alternative dispute resolution entities to turn to. At the same time, the consumer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution. Information on the fees for the proposal can be found on the website of the specific ADR entity.
7. Otherwise not regulated relations in these general terms and conditions as in their integral parts (annexes) are governed by the relevant provisions of Act No. 40/1964 Coll., Act No. 250/2007 Coll., Act No. 102/2014 Coll., Act No. 18/2018 Coll., Act No. 22/2004 Coll., Act No. 22/2004 Coll. 513/1991 Coll. and Act No. 351/2011 Coll.
8. These General Terms and Conditions, including their integral parts, come into force and effect on 25 May 2018
Complaints policy of the online shop (e-shop)
an integral part of the general terms and conditions
1. Only goods that have been purchased from the Seller and that are the property of the Consumer may be claimed.
2. If the buyer is a consumer (a natural person who does not act within the scope of his business, employment or profession), all goods offered are covered by a 24-month warranty, unless otherwise specified in the goods and are subject to the Consumer Protection Act and the Civil Code and these Complaints Conditions. If the buyer has ordered a used item and has been informed of this, the warranty period is 12 months. If the buyer is not a consumer, the provisions of the Commercial Code shall apply and the warranty period shall be 1 year and
these warranty conditions shall not apply to such claims. The warranty period begins on the date of receipt of the goods from the shipping company or directly from the seller if the goods are collected by the buyer in person, on the date of receipt.
4. The Buyer is obliged to file a claim with the Seller immediately upon discovery of the defect.
5. Liability for defects does not apply to defects caused by the following use:
a. the defect was caused by mechanical damage to the product caused by the buyer,
b. improper handling of the product in a manner other than that specified in the instructions for use,
c. use of the goods in conditions which do not correspond in their humidity, chemical and mechanical influences to the natural environment of the goods according to the instructions,
d. neglect of the care and maintenance of the goods,
e . damage to the goods by excessive loading, f. use of the goods in contravention of the conditions set out in the documentation, general principles, technical standards or safety regulations, or other breach of the warranty conditions.
6. Defects caused by natural disasters are also excluded from liability for defects.
7. Liability for defects also excludes normal wear and tear of the goods (or parts thereof) caused by the use of the goods. A defect may not be considered to be a defect, as is already apparent from the nature of the goods, from the period of their minimum durability or from the period of consumption, which may be limited to a shorter period of time. The period of minimum durability, shelf life, expiry date or similar period shall be indicated on the goods if the goods are subject to such indication.
8.Complained goods must be sent to our address below but not COD or personally delivered to the contact address. The goods must be packed appropriately to prevent damage during transport and we recommend that the goods are sent by registered post or as insured delivery. The goods must be accompanied by a copy of the proof of purchase (invoice) and a description of the defect or we recommend enclosing a completed Complaint Form together with the proof of purchase. (http://www.colorway-shop.sk/user/upload/reklamacny_formular.pdf). The complaint must be sent exclusively in writing (by post) or in person (not by e-mail).
9.The Seller shall acknowledge receipt of the claim and issue the Buyer with a confirmation of the claim in a suitable form. The date of the claim shall be deemed to be the date of its delivery to the Seller. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of processing of the complaint. The acknowledgement of the complaint shall be sent in writing.
10.The Seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the date of filing the complaint. In justified cases, in particular if complex technical evaluation of the goods is required, no later than 30 days from the date of the complaint. After determining how the complaint is to be handled, the Seller shall handle the complaint immediately; in justified cases, the complaint may be handled later. However, the processing of the complaint may not take longer than 30 days from the date of the complaint. After the expiry of the 30-day period for processing the complaint, the buyer has the right to withdraw from the purchase contract and will be refunded the full amount for the goods or has the right to exchange the goods for new ones.
11. Buyer's rights when making a claim: a. if the defect is one that can be removed, the Buyer has the right to have it removed free of charge, in a timely and proper manner, and the defect must be removed without undue delay, b. the Buyer may request replacement of the item instead of removal of the defect, or if the defect relates only to a part of the item, replacement of the part if this does not incur disproportionate costs to the Seller in relation to the price of the goods or the severity of the defect, c. the seller may, instead of removing the defect, replace the defective item with a faultless item if this does not cause the buyer serious inconvenience, d. if the defect cannot be removed and prevents the proper use of the item, the buyer has the right to have the item replaced or to withdraw from the contract. The buyer has the same right if the defect is a remediable defect, but if the buyer cannot properly use the item due to the reoccurrence of the defect after repair or due to a greater number of defects, e . if the defect is another irremediable defect, the buyer has the right to a reasonable discount on the price of the item.
12. A complaint shall be deemed to be settled if the complaint procedure is terminated by the handing over of the goods complained of, their replacement or refund of the purchase price of the goods, by a written invitation to take over the performance or by a reasoned rejection thereof.
13. A complaint shall be deemed to be settled if the complaint procedure is terminated by the handing over of the goods complained of (their replacement, repair), by a refund of the purchase price of the goods, by the granting of a reasonable discount or by a reasoned refusal. The consumer is informed of the outcome of the complaint procedure within the statutory time limit.
14. The undamaged nature of the goods or the intactness of the packaging (according to the instructions) must be checked upon receipt of the goods, as the goods may be damaged in transit. Buyers are advised to unpack the goods and inspect them in the presence of the carrier. By your signature to the courier you declare that the packaging is undamaged.
15. These Complaints Conditions are an integral part of the General Terms and Conditions, and the Seller reserves the right to change them at any time without prior notice to the Seller. 16. Contact Capital System s.r.o., Bratislavská 35j/2558, 93101 Šamorín, podpora@colorway.sk.