General business conditions of the internet shop (e-shop)
Article I.
Definitions
- The operator of the website (e-shop) is Active Point s.r.o., with its registered office at Tatranská Lomnica 131, 059 60 Vysoké Tatry.
- The seller is Active Point s.r.o., with its registered office at Tatranská Lomnica 131, 059 60 Vysoké Tatry.
- The supplier of goods and services offered in the e-shop www.norwayshop.sk is Active Point s.r.o. with its registered office at Tatranská Lomnica 131, 059 60 Vysoké Tatry.
- The buyer is every visitor to the e-shop who has created a binding order through the e-shop. For the purposes of the Act, in particular Act No. 102/2014 Coll. "consumer" means a natural person who, in concluding and performing a consumer contract, is not acting within the scope of his business, employment or profession.
- An e-shop is a computer system located on the Internet with public access, which allows ordering goods and services remotely via an electronic device.
- The goods or services are all products published on the e-shop website, which can be ordered (they have the stated price and this is not zero).
- The buyer fully recognizes electronic communication, especially through the e-shop, e-mail communication and telephone communication, unless it is indisputable that the seller communicates with the buyer or his authorized person.
- These general terms and conditions shall apply to the relationship between the seller and the buyer, which arose otherwise than through electronic devices at a distance and is not a relationship between the information society service provider and the recipient of information society services, only to the extent necessary in accordance with , unless otherwise agreed between them.
Article II.
The price
- All listed prices for goods and services are final, including 20% VAT.
- The Buyer acknowledges that in the event that the Buyer orders the goods at a price published in error due to a technical error or error of the internal information system Norwayshop, Norwayshop (Active Point sro) is entitled to withdraw from the purchase contract, even after the Buyer received e -mail to confirm his order. In such a case, Norwayshop (Active Point s.r.o.) informs the Buyer of this fact by telephone or e-mail.
Examples of when an incorrectly published price may occur are the following (and others):
- the price of the goods is already incorrect at first glance (eg: incorrectly converted exchange rate, etc.);
- the price of the goods is missing or in addition one or more digits;
- the discount on the goods exceeds more than 50% without the given goods being a part of an advertising or marketing campaign or a marked sale event, ...
In case of doubt whether the goods are actually cheap or whether there is an obvious error in the price of the goods, the Buyer is therefore obliged to contact Norwayshop and verify the information about the correctness of the price.
Article III.
An order
- 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 its sending to the seller. For the correct and proper processing of the order, it is necessary to fill in the required data in the order and choose the transport and payment options for the ordered goods or services.
- By sending the order, the buyer agrees with the price of the ordered goods and services. By sending it, the order becomes binding for the buyer, ie it is a proposal to conclude a purchase contract with the seller.
- After sending the order in the e-shop, the buyer is automatically generated and sent an information e-mail stating that the seller has delivered the buyer's order for processing by the e-shop. This e-mail is not a confirmation of the goods within the meaning of para. 4. of this article.
- By confirming the order by the seller, a purchase contract is created, which can be changed or supplemented only on the basis of a mutual agreement between the buyer and the seller, unless otherwise provided by law or other legal regulation. The confirmation of the order by the seller is an electronic message of the seller sent to the buyer's e-mail address or a short text message sent to the buyer's mobile phone number, which the buyer stated in his order with information to what extent the acceptance of the buyer's order is indisputable. Electronic message of the seller, which does not confirm the buyer's order, rejects or rejects, respectively. otherwise it clearly does not accept the rejection of the buyer's order.
- If the seller is not able to fulfill the order or part of it within the time limit for processing the order with maximum effort, for reasons such as that the goods are not produced, are not available at the manufacturer or in the external warehouse of the supplier, the manufacturer has made such significant changes for which it is not possible to execute the order or for reasons of force majeure, the seller may cancel the order and send the buyer an e-mail. 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 incorrect e-mail, telephone contact or incorrect or non-existent address. If the buyer has paid the advance, the seller is obliged to return it within 14 days.
Article IV.
Terms of payment
- It is possible to pay for goods and services in the e-shop in the following ways:
- cash on delivery (you pay directly to the courier when you pick up the goods)
- payment via GP webpay payment gateway
- payment in case of personal collection at the store
- payment on the basis of an advance invoice - in advance, the goods will be dispatched after receiving funds to our account,
- payment on the basis of a gift voucher.
- The gift voucher represents a prepaid amount of funds that the buyer can use when making a purchase on the basis of sufficient free prepaid funds. The validity date of the coupon is indicated on it. The nominal value of the gift voucher can be agreed with the buyer.
- Supplements for individual payment options are listed in Art. VI of these General Terms and Conditions.
- The seller can provide the buyer with discounts:
- discount from the price for registration in the e-shop,
- re-purchase discount,
- discount based on a one-time discount coupon,
- Discounts cannot be cumulated.
Article V.
Terms of Delivery
- The seller is obliged to send the goods to the buyer within 30 days of creating the order, unless otherwise agreed, or if the goods did not specify a longer delivery time.
- If the goods are in stock, they are shipped according to capacity as soon as possible.
- If there are several goods and services in the order and some of them are not in stock, we will inform the buyer with the possibility of partial deliveries.
- Along with the goods, the customer is sent an invoice (tax document), instructions as well as other documents for the goods or services from the manufacturer.
- The place of performance is considered to be the place to which the goods are delivered.
- The seller provides transport to the buyer through:
a. courier company GEIS, with its registered office at Trňanská 6, 96001 Zvolen,
b. courier company Zásielkovňa s.r.o, with its registered office at Muchovo námestie 3624/8, 851 01 Bratislava
c. in person at the selected plant in the order,
Article VI.
Shipping, packaging and payment options
1. Shipping fees in Slovakia are charged as follows:
1. when transported by courier company Geis with delivery to the address within 2 working days after dispatch from our warehouse - 4.30 €
2. during transport to the dispensing point of the Shipment within 2 working days after dispatch from our warehouse - 2.90 €
2. Fees for transport to the Czech Republic are charged as follows:
1. when transporting to the dispensing point of the Shipment within 3 working days after dispatch from our warehouse - 3.18 €
2. for transport by courier company Geis with delivery to the address within 3 working days after dispatch from our warehouse - 8.15 €
3. Fees for transportation to Poland are charged as follows:
1. for transport through the Mailroom with delivery to the address within 4 working days - 6 €
2. for transport by courier company Geis with delivery to the address within 4 working days - 20 €
4. Fees for transport to Austria are charged as follows:
1. for transport via the Post Office with delivery via the Austrian Post within 4 working days - 10 €
2. for transport by courier company Geis with delivery within 4 working days - 20 €
5. Shipping fees to Germany are charged as follows:
1. for transport via the Post Office with delivery via German Post within 4 working days - 10 €
2. for transport by courier company Geis with delivery within 4 working days - 20 €
6. Shipping charges for other countries can be found in the section: Shipping costs
Shipping is not charged for orders over € .... *
* Valid until 31.12.2020.
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 prices for these services.
1. The seller may send goods that are immediately available to the buyer and deliver the rest of the order additionally within the statutory period, but provided that the buyer will not be charged any additional postage, other than that included in the order.
Article VII.
Transfer of ownership
- Ownership passes from the seller to the buyer at the time of taking over the thing from the seller or carrier.
Article VIII.
Cancellation of the purchase contract
- The buyer has the right to cancel the ordered goods or services within 24 hours of the creation of the purchase contract without cancellation fee for goods that are made to order, according to the specific requirements of the consumer or specifically for one consumer.
Article IX
The consumer's right to return the goods without giving a reason and to instruct the consumer
- Pursuant to 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 premises of the seller and amending certain laws (hereinafter the "Act") under § 7 et seq., the right to withdraw from the purchase contract within 14 calendar days days from the day of taking over the goods, if the seller has fulfilled the information obligations under this Act, for other cases, para. 2 or 3 of the Act. If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract before the delivery of goods.
- The consumer is obliged, if he wants to exercise this right, to deliver a written withdrawal from the purchase contract in person no later than the last day of the specified period to the seller's contact address during its opening hours or to submit this withdrawal by post no later than the last day of the period to the address specified in contacts, or such exercise of the right can also be applied in the form of a record on another durable medium. After notifying the withdrawal from the contract, 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 within 14 days from the date of withdrawal (§10 paragraph 1 of the Act). We recommend buyers to make a copy of the invoice for their own use and send the goods by registered mail and as an insured shipment. You can use the following form to withdraw from the contract: Withdrawals from the purchase contract, in which it is necessary to fill in the minimum data marked with an "*" - an asterisk. (http://www.nakupujbezpecne.sk/docs/form/odstupenie%20od%20zmluvy.pdf).
- Do not send the goods to us on delivery, the shipment will not be accepted.
- The operator of the e-shop will return the payment for the goods within 14 days from the date of delivery of the withdrawal from the contract, but he does not have to return the money before the goods are delivered to him or the consumer does not prove that the goods have been sent. In the event of a return of transport costs, the seller is obliged to return only the costs of the cheapest of the offered delivery methods.
- The cost of returning the goods is borne by the consumer.
- The right to withdraw from the contract does not apply to goods and services, which are defined in §7 par. 6 letter a) to l) of Act no. 102/2014. Z.z.
- The consumer bears any reduction in the value of the goods caused by its use beyond what is necessary to determine the functionality and properties of the goods.
Article X
Rights and obligations of the contracting parties
- The seller and the buyer are considered to be the contracting parties.
The buyer is obliged to: - take over the ordered goods,
- pay the agreed remuneration to the seller for the taken over goods,
- check the integrity of the packaging or as well as the goods themselves when taking them over.
The seller is obliged to: - deliver the customer the goods in the required quality, quantity and at the agreed price,
- together with the goods or additionally send to the customer all documents for the goods such as an invoice for the goods, a complaint form, operating instructions in the codified form of the Slovak language.
Article XI.
Privacy
- Personal data are processed in accordance with Act no. 18/2018 Coll. on the protection of personal data, as amended.
- The Operator does not provide the Buyer's personal data to a third party, except for the selected transport company that ensures the delivery of goods or services, or to state authorities in the case of control, or to the intermediary on the basis of a mutual contract concluded under Act no. 18/2018 Coll.
- The operator is obliged to secure personal data before making them available to unauthorized persons, by taking appropriate technical and organizational measures. Also, all employees of the controller are obliged to observe confidentiality in relation to personal data.
- The person concerned has the rights defined in accordance with Art. § 19 et seq. Act no. 18/2018 Coll. on the protection of personal data, as amended, in particular:
a) the right to information which is fulfilled by these content and business conditions,
b) the right to request access to personal data concerning the data subject - § 21 of the Act lies in your right to request how and for what purposes your data is processed, and you can address this request to the contact e-mail.
c) the right to correct personal data - § 22 of the Act allows you to correct personal data if they are out of date,
d) the right to delete personal data - you will use § 23 of the Act if you are not interested in the operator continuing to process personal data,
e) the right to restrict the processing of personal data - § 24 of the Act you will exercise in case you think that personal data have been processed in violation of the law,
f) the right to object to the processing of personal data - § 27 of the Act,
g) the right to the transfer of personal data,
(h) the right to lodge a complaint with the supervisory authority in relation to the personal data processed.
- The Operator obtains the following personal data from the Buyer: title, name, surname, address, delivery address, billing address, telephone number, e-mail address, date of birth, which are processed for the purpose of correct processing of your order. This personal data is stored for 10 years for archiving purposes. As part of the order processing, personal data is processed for the purpose of issuing invoices, issuing stock (delivery) sheets, providing transport as well as accounting in accounting.
- The operator has entrusted the intermediary, which is the operator of the internet portal heureka.sk with the service Verified by customers, the company Heureka Shopping, s.r.o. with registered office at Karolínksa 650/1, 186 00 Praha, IČO: 02387727 / pricemania.sk with service Trade evaluation, company Pricemania s. r. o., with its registered office at Karpatská 6, 811 05 Bratislava, ID No. For the purposes of this evaluation, the broker will send a one-time e-mail to the buyer with the possibility of evaluation.
- This site records your IP address, information about how much time you spend browsing those pages, and information about which pages you come to us from. Cookies are text files that are stored on your computer and are also used to measure website traffic and customize the display of the site, and thanks to these files we can offer you better quality. Therefore, we perceive these files as our legitimate interest. Some cookies are third-party files, e.g. Youtube, Google and the like.
- You can delete cookies at any time or set their collection directly in the Internet browser settings. If you want to refuse the collection of cookies, set this in your internet browser.
- If the buyer has agreed to the processing of personal data in the e-shop for the purposes of e-mail marketing, he has agreed to the sending of e-mail messages to the contact e-mail address.
- Personal information for email marketing purposes to the extent of first and last name, email address are provided for a period of five years. This personal data is not provided to third parties.
- The buyer can revoke his consent at any time by sending an Appeal with the processing of personal data, which we will delete immediately. You can also log out by unchecking the box in the user's user account (if the buyer has requested the creation of a user account). We will no longer use the personal information you provide for us for email marketing purposes.
- If the buyer has agreed to the processing of personal data in the e-shop for the purposes of SMS marketing, he has agreed to the sending of SMS messages to the contact telephone number.
Personal data for SMS marketing purposes in the range of name and surname, telephone number are provided for a period of five years.
The buyer can revoke his consent at any time by sending an Appeal with the processing of personal data, which we will delete immediately. You can also log out by unchecking the box in the user's user account (if the buyer has requested the creation of a user account). We will no longer use the personal information you provide for us for email marketing purposes.
Article XII
Compensation for damage if the goods are not taken over
- The seller has the right to compensation for damage (according to the provisions of § 420 et seq. Of the Civil Code), if the buyer ordered goods that did not cancel or. did not withdraw from the contract and at the same time did not take over the goods from the carrier or, at the request of the seller, in the case of choosing a personal collection, did not take over the goods within the specified time limit for collection. By doing so, the buyer has breached its obligation set out in Art. X point 2. letter a), according to which the buyer is obliged to take over the ordered goods.
- In determining the amount of damages, the seller takes into account the transport costs and associated fees in sending the goods, costs associated with packaging, shipping and administration of the order, as well as all other costs incurred with the implementation of the order and also has the right to charge lost profit.
- The seller also has the right not to exercise the right to compensation for damages or to exercise this right only in part.
Article XIII
The one-time 5Eur discount provided for subscribing to our newsletter is applicable to an order created via the e-shop with a minimum value of 50EUR goods, including VAT, and is not combinable with other promotions tied to the discount code or gift voucher. The discount for subscribing to the newsletter is not eligible for purchases in a brick-and-mortar store.
Model example:
Order created via e-shop with cash on delivery where the resulting amount after applying the 5EUR coupon will be processed as a standard order without using the coupon, ie in the amount of 42.80EUR due to the fact that the condition of a minimum value of 50EUR was not met. The customer will therefore pay cash on delivery in the amount of EUR 42.80 upon receipt of the goods.
In this case, the customer will be contacted by e-shop staff, with whom it will be possible to agree on the modification of the order by adding goods in order to reach the amount of 50 EUR per goods, or cancel the order.
In the event that the order is created in the manner described above, but payment is made by card online, then:
a.) this order will be invoiced according to the above example and the amount for the unauthorized redeemed coupon will be paid in the form of a cash on delivery EUR 5 upon receipt of the goods, or
b.) the order will be left unfinished for a period of time (maximum 3 days) until the customer provides a statement regarding the addition of goods to the order, which changes the total value of goods in the order (eg purchase of additional goods to reach a minimum value of 50EUR), or
c.) such an order will be canceled in agreement with the customer and the money will be transferred to the account within 30 days
The customer will be contacted by the e-shop staff in order to specify the possibilities of further order processing.
WARNING:
* value of goods ≠ value of the order - please make sure that the amount of 50EUR does not include shipping costs or cash on delivery fee.
Article XIV
Final provisions
- The seller reserves the right to change and supplement these general terms and conditions and complaint conditions without prior notice to the buyer. In the event of a change in the general terms and conditions or complaint conditions, the entire purchase process is governed by those general terms and conditions that were valid at the time of sending the order to the buyer and these are available on the seller's website.
- Complaint conditions are an inseparable part of these general terms and conditions.
- By sending the order, the buyer has read the general terms and conditions as well as the complaint conditions.
- These conditions were developed within the project of certification of the e-shop nakupujbezpecne.sk
- These general business conditions and complaint conditions are available at the company's registered office for inspection by buyers, as well as are published on the e-shop website.
- If the consumer is not satisfied with the way in which the seller has handled his complaint or if he considers that the seller has infringed his rights, he has the opportunity to turn to the seller for a request for redress. If the seller responds to the request for redress in a negative manner or does not respond to it within 30 days from the date of its dispatch, the consumer has in accordance with § 12 of Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Acts. The relevant subject for alternative dispute resolution of consumer disputes with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or another relevant authorized legal entity registered in the list of alternative dispute resolution subjects maintained by the Ministry of Economy of the Slovak Republic (http: //www.mhsr. en / list-of-subjects-of-alternative-resolution-of-consumer-disputes / 146987s), while the consumer has the right to choose which of the mentioned subjects of alternative-dispute resolution of consumer disputes. At the same time, the consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative dispute resolution proposal. Information on application fees can be found by the consumer on the website of a specific ADR entity.
- Otherwise unregulated relations in these general business conditions as in their inseparable parts (annexes) are governed by the relevant provisions, in particular Act no. 40/1964 Coll., Act no. 250/2007 Coll., Act no. 102/2014 Coll., Act no. 122/2013 Coll., Act no. 22/2004 Coll. as well as Act no. 513/1991 Coll.
- In the case of concluding another contract with the buyer with different conditions, the conditions stated in the contract take precedence over the general terms and conditions.
- These general terms and conditions, including their inseparable parts, enter into force and effect 21.5. 2019