Terms and Conditions
Contents:
1. General provisions
2. Method of concluding the purchase agreement
3. Rights and obligations of the seller
4. Rights and obligations of the buyer
5. Delivery and payment terms
6. Purchase price
7. Acquisition of ownership and transfer of the risk of damage to the goods
8. Complaints procedure (liability for defects, warranty and complaints)
9. Personal data and its protection
10. Withdrawal from the purchase agreement
11. Final provisions
1. General provisions
1.1. These General Terms and Conditions govern the rights and obligations of the parties arising from a purchase agreement concluded between the seller, HOLLEX SLOVAKIA, s.r.o., with its registered office at Grösslingova 69, 811 09 Bratislava, Company ID No. 35 705 931, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No. 12826/B (hereinafter the “seller”), and the buyer, the subject of which is the purchase and sale of the seller’s goods.
Seller’s contact details:
email: hollex@hollex.sk
telephone: 00421 905 727 072
postal address: HOLLEX SLOVAKIA, s.r.o., Nádražná 34, 900 28 Ivanka pri Dunaji
Bank details: 2627 206028/1100, Tatra Banka
Supervisory authority: Slovak Trade Inspection (SOI)
SOI Inspectorate for the Bratislava Region, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27
Department of Technical Product Control and Consumer Protection, tel.: 02/58272 172-3, fax: 02/58272 170
1.2. The parties agree that, by signing the order submitted to the seller, the buyer confirms that these General Terms and Conditions and their provisions will apply to all purchase agreements concluded for the sale of goods from the seller’s offer and their purchase by the buyer, under which the seller supplies goods presented in the seller’s shop or promotional materials (hereinafter the “purchase agreement”), and to all relations between the seller and the buyer arising in particular when concluding the purchase agreement and making a complaint about the goods.
1.3. These General Terms and Conditions form an integral part of the purchase agreement. If the seller and buyer conclude a written purchase agreement containing terms that differ from these General Terms and Conditions, the provisions of the purchase agreement will prevail.
1.4. Goods published in the seller’s catalogue or displayed in the seller’s shop are normally supplied goods, and the seller does not guarantee the immediate availability of all goods. Availability will be confirmed in response to the buyer’s enquiry.
2. Method of concluding the purchase agreement
2.1. The purchase agreement is concluded by the buyer completing and signing a written order, the seller’s binding acceptance of that order and the buyer paying a deposit of at least 70% of the purchase price (hereinafter the “order”). 2.2. The seller’s binding acceptance is the seller’s written or email confirmation to the buyer that the order has been accepted after receipt. 2.3. Binding acceptance is made directly on the buyer’s order or in a separate written or electronic document sent by the seller to the email address stated by the buyer in the order.3. Rights and obligations of the seller
3.1. The seller is obliged to:
a. deliver, on the basis of the order confirmed by the seller, the goods in the agreed quantity, quality and time and package or prepare them for transport in the manner required for their preservation and protection,
b. ensure that the delivered goods comply with the applicable laws of the Slovak Republic,
c. provide the buyer, no later than together with the goods and in written or electronic form, with all documents required for accepting and using the goods and any other documents prescribed by applicable law (instructions in Slovak, warranty certificate, delivery note and tax document).
3.2. The seller is entitled to proper and timely payment of the purchase price by the buyer for the delivered goods.
3.3. The seller is entitled to cancel the order if, due to stock depletion or
4. Rights and obligations of the buyer
4.1. The buyer is obliged to:
a. accept the purchased or ordered goods at the place stated in the order,
b. pay the seller the agreed purchase price within the agreed due date, including the cost of delivery,
c. refrain from damaging the seller’s good business reputation,
d. confirm receipt of the goods on the delivery note by their signature or by the signature of a person authorised by them in writing.
4.2. The buyer is entitled to delivery of the goods in the quantity, quality, time and place agreed by the parties in the binding acceptance of the order.
4. Rights and obligations of the buyer
4.1. The buyer is obliged to:
a. accept the purchased or ordered goods at the place stated in the order,
b. pay the seller the agreed purchase price within the agreed due date, including the cost of delivery,
c. refrain from damaging the seller’s good business reputation,
d. confirm receipt of the goods on the delivery note by their signature or by the signature of a person authorised by them in writing.
4.2. The buyer is entitled to delivery of the goods in the quantity, quality, time and place agreed by the parties in the binding acceptance of the order.
5. Delivery and payment terms
5.1. Goods are sold according to the displayed samples, catalogues, product sheets and sample books located in the seller’s shop.
5.2. The seller is obliged to fulfil the buyer’s order and deliver the goods to the buyer within 30 days after the goods are delivered to the seller by the supplier or manufacturer.
5.3. The buyer is obliged to accept the goods at the place stated in the order. If the seller is late in delivering the goods, the seller may unilaterally extend the delivery period, repeatedly if necessary, and will issue confirmation to the buyer. If the buyer fails to accept the goods within the period stated in the order or unilaterally extended by the seller, the seller may charge storage of ………. € for each commenced day of storage. After 14 days from the date on which the buyer was required to accept the goods, the seller may withdraw from the purchase agreement and sell the goods to a third party. Once the agreed goods have been sold to a third party, the buyer’s deposit will be credited in full against the contractual penalty payable by the buyer to the seller.
5.4. The seller may invite the buyer to accept the goods before the expiry of the period agreed in the purchase agreement.
5.5. The weight, dimensions and other information about goods contained in the seller’s catalogues, brochures and other documents are non-binding.
5.6. The place of delivery is the place stated in the order unless the parties agree otherwise in writing.
5.7. If the seller transports the goods to the place specified by the buyer in the order, the buyer must accept them personally or arrange for acceptance by a person authorised in writing. That person must present the order, proof of payment and authorisation. The buyer bears the costs of repeated transport. Goods are deemed delivered upon arrival and accepted upon physical acceptance or refusal.
5.8. The buyer must inspect the shipment immediately upon delivery. In the event of damage, the buyer must draw up a report with the carrier.
5.9. The buyer is entitled to withdraw from the agreement if the goods are not delivered, and the seller must refund the money within 15 days.
5.10. The buyer will receive an invoice with each shipment and, where required, a warranty certificate.
5.11. Payment methods:
a. cash,
b. payment card,
c. bank transfer.
6. Purchase price
6.1. The buyer is obliged to pay the seller the purchase price stated in the order, including delivery costs (hereinafter the “purchase price”), in cash at the seller’s premises or by bank transfer to the seller’s account stated in the order or otherwise notified by the seller.
6.2. If the buyer pays by bank transfer, the payment date is the date on which the full purchase price is credited to the seller’s account.
6.3. The buyer is obliged to pay the purchase price for the agreed goods by the date stated in the order, but no later than upon acceptance of the goods.
6.4. If the buyer pays the purchase price for goods agreed in the purchase agreement, the buyer may withdraw and request a refund only in accordance with the applicable laws of the Slovak Republic.
6.5. If the buyer withdraws before paying the full purchase price, the parties agree that the deposit paid will be credited in full against the contractual penalty payable by the buyer to the seller unless otherwise agreed in the purchase agreement.
6.6. If the buyer does not pay the full purchase price upon accepting the goods, the parties agree that the seller may withdraw from the purchase agreement and refuse to hand over the goods. The deposit paid will be credited in full against the contractual penalty payable by the buyer unless otherwise agreed in the purchase agreement.
6.7. Assembly and carrying costs are not included in the purchase price, and the seller is not obliged to provide these services.
6.8. All promotions are valid while stocks last unless otherwise stated for a particular product.
7. Acquisition of ownership and transfer of the risk of damage to the goods
7.1. The buyer acquires ownership of the goods only after the purchase price has been paid in full.
7.2. The risk of damage to the goods passes to the buyer when the buyer accepts them from the seller or, if the buyer fails to do so on time, when the seller enables the buyer to dispose of the goods and the buyer does not accept them.
8. Complaints procedure (liability for defects, warranty and complaints)
8.0. The seller is liable for defects in the goods, and the buyer must submit a complaint to the seller without delay in accordance with the applicable complaints procedure.
8.1. Complaints are governed by the applicable complaints procedure. By signing the order, the buyer confirms having been properly informed of the terms and method for making a complaint, including where complaints may be made and how warranty repairs are carried out, in accordance with Section 18(1) of Act No. 250/2007 Coll. on Consumer Protection.
8.2. The complaints procedure applies to goods purchased by the buyer from the seller.
8.3. This complaints procedure applies to all transactions unless other warranty terms have been agreed contractually.
8.4. The buyer may claim under the warranty only for goods with defects caused by the manufacturer, supplier or seller.
8.5. The buyer must inspect the goods upon acceptance.
8.6. During the warranty period, the customer is entitled to free removal of a defect after presenting the goods and the relevant documents.
8.7. A complaint may be made by delivering the goods and the form. The complaints procedure begins when the delivery conditions have been fulfilled.
8.8. The seller must accept complaints at its premises.
8.9. The seller must ensure that an authorised person is available to process complaints.
8.10. The buyer must make a complaint without undue delay.
8.11. The seller will issue confirmation of the complaint.
8.12. A complaint must be resolved within 30 days.
8.13. The buyer is not entitled to make a complaint regarding known defects.
8.14. The seller may replace the goods with equivalent goods.
8.15. Entitlement expires in the event of damage, improper use or interference.
8.16. A complaint is resolved by repair, replacement, discount or refund.
8.17. The seller will issue a document confirming resolution of the complaint.
8.18. The warranty period is 24 months.
8.19. It is extended by the duration of the repair.
8.20. In the event of replacement, a new warranty period begins.
8.21. Repairs are free of charge.
8.22. Remediable defects are resolved by repair or replacement.
8.23. Irremediable defects are resolved by replacement or credit note.
8.24. The complaint applies only to the defects specified.
8.25. A repeated defect means a defect occurring more than twice.
8.26. Multiple defects means more than three defects.
8.27. Long-term inoperability means more than 180 days.
8.28. A repeated complaint concerning the same defect is not possible.
8.29. If a complaint is rejected, the dispute may be resolved in court.
9. Personal data and its protection
9.1. The parties agree that, if the buyer is an individual, the buyer must provide the seller with their first name and surname, permanent address including postcode, personal identification number, telephone number and email address.
9.2. The parties agree that, if the buyer is a legal entity, the buyer must provide the seller with its business name, registered office including postcode, Company ID No., telephone number and email address, and the first name, surname and permanent address of its statutory representative and, where applicable, a person authorised to represent the buyer.
9.3. By concluding the purchase agreement, the buyer declares consent, pursuant to Section 7(1) of Act No. 428/2002 Coll. on Personal Data Protection, as amended, to the seller processing and retaining the buyer’s personal data in all of its information systems. The seller undertakes to handle personal data in accordance with the laws of the Slovak Republic. Consent is granted for a fixed period until the purpose of processing has been fulfilled. The buyer may withdraw consent at any time.
9.4. The buyer is obliged to keep their personal data up to date.
9.5. The seller obtains data solely for the purpose of concluding the agreement.
9.6. Data will not be used for any other purpose without consent.
9.7. Processing will be carried out in accordance with good morals.
9.8. The buyer has the right of access, rectification, a copy and erasure of data.
9.9. Rights may be restricted by law.
9.10. The buyer has the right to object to data processing.
9.11. The buyer has the right to refuse automated decision-making and submit a complaint to the authority.
10. Withdrawal from the purchase agreement
10.1. The seller may withdraw from the agreement because the goods are unavailable or due to force majeure and must refund the deposit within 30 days.
10.2. The buyer may withdraw from the agreement in accordance with the law and must do so in writing.
10.3. The notice of withdrawal must contain identification details, the order number and the method of refund. The goods must be returned.
10.4. The price of undamaged goods will be refunded within 30 days.
10.5. The refund for damaged goods will be reduced to reflect wear and tear.
10.6. Failure to comply with the conditions results in invalid withdrawal.
10.9. Withdrawal is not possible for custom-made goods.
11. Final provisions
11.1. The seller reserves the right to amend these terms.
11.2. Amendments must be made in writing.
11.3. Communication takes place in writing or by email.
11.4. Relations are governed by the law of the Slovak Republic.
11.5. These terms take effect upon conclusion of the agreement.
11.7. The buyer confirms having read and agreed to these terms.
Bratislava, 27 September 2011
