Terms and conditions
Terms and Conditions
In accordance with current legislation, particularly the Civil Code and the Consumer Protection Act and the Consumer Protection Act when selling goods or providing services on the basis of contract
In accordance with current legislation, particularly the Civil Code as the Consumer Protection Act and the Consumer Protection Act when selling goods or services on the basis of the distance contract or contracts negotiated away from business premises, we recommend using the following wording of the terms and conditions.
General terms and conditions of online store (e-shop)
1. The operator of the website (e-shop) is Michal Jaroš, with residence in Medvedzie 163/45, 027 44 Tvrdošín.
2. The seller is Michal Jaroš, with residence in Medvedzie 163/45, 027 44 Tvrdošín.
3. The supplier of goods and services offered in e-shop www.beardguru.sk is Michal Jaroš, with residence in Medvedzie 163/45, 027 44 Tvrdošín.
4. The buyer is every visitor of e-shop who created an order in e-shop. For the purposes of the act no. 102/2014 Z. z. the consumer is a natural person or a legal entity who does not purchase goods for the sale to another people in order to trade or pursue employment or profession.
5. E-Shop is a computer system located on the Internet with public access, which allows ordering goods or services.
6. Goods or services are all the products on the e-shop site.
7. Order is created by confirmation of ordering process on e-shop site after the buyer selected goods or services and completely filled the order form.
8. The buyer fully respects the electronic communication especially through the e-shop, e-mail communication and telephone communication.
1. All the prices of goods are final including 20% VAT.
2. The seller is bound by the price listed on the e-shop site at the moment of making a purchase.
1. Order is created after the confirmation of the ordering process in e-shop by selecting the goods or services by buyer as well as completing the order form ... For the correct execution of the order it is necessary to fill in the required information in order to choose the shipping options and the payment option for ordered goods or services.
2. By creating an order, the buyer agrees to pay the price of ordered goods and services and therefore the order becomes definite for the consumer.
3. Sale contract comes into being after the confirmation of the order by seller. It is possible to alter, cancel or amend it only after a mutual agreement between buyer and seller unless the law or other legal regulation stipulates otherwise.
4. E-mail confirming receiving of the order by e-shop is automatically generated and sent to buyer after the creation of the order. This e-mail is not a confirmation of goods within the meaning of paragraph. 3 of this article.
5. By sending the order, the buyer is bound to pay the purchase price of the ordered goods.
1. For the goods and services in e-shop can be paid in the following ways:
a. paying cash on delivery (paying for goods directly to courier)
b. paying through payment gateway by E-commerce of Slovenská sporiteľňa, a.s.
c. paying through payment gateway by Sporopay
2. Gift voucher is a prepaid amount of money that the buyer can use when buying on the basis of sufficient free pre-paid funds. Expiration date is written on the coupon. Nominal value of the gift voucher can be arranged with the buyer.
3. Supplements for different payment options are stated in Art. VI within these general terms and conditions.
4. The seller may give the buyer possible discounts:
a. discount for registration to e-shop,
b. discount for repeated purchases,
c. discount on the basis of a single discount coupon,
5. Provided discounts can not be combined.
Terms of delivery
1. The seller is obliged to deliver the buyer goods within 30 days from the creation of the purchase contract - unless they agreed otherwise, or unless there was specified longer delivery time.
2. If the goods are in stock they are shipped in the shortest time according to the capacity means.
3. If there are more goods and services in the order and some of them are not in stock, we shall inform the buyer of the possibility of partial deliveries.
4. Along with the goods the customer is sent an invoice (tax document), as well as other guidance documents for the goods or services from the manufacturer.
5. The place of performance shall be the place in which the goods are supplied.
6. Seller delivers goods to the buyer via:
a. courier company,
b. personal takeover after the agreement with the seller
c. own transport of the seller
Charges for transport, packaging and payment options
1. When paying to the bank account in advance, on the basis of proforma invoice or by payment gateways, we charge for delivery:
2. a. For the delivery by courier company with delivery within 2 working days after dispatch from our warehouse – 3,50 €
B. For the transport via Slovak post we charge 2,00 €
2. When paying cash on delivery (paying directly to the courier / on the post office):
3. a. For the delivery by courier company with delivery within 3 working days after dispatch from our warehouse – 4,50 €
b. For the transport via Slovak with delivery within 3 working days after dispatch from our warehouse – 3,00 €
3. The seller can agree with the buyer on different than the standard (aforementioned) shipment procedure of goods or services and the prices for these services.
4. The seller may send the product which is readily available to buyers and the rest of the order can be delivered subsequently within the statutory period, however the buyer will not be charged any additional postage, other than that which has been counted in the order.
5. Article VII.
Transfer of the property rights
1. The right of ownership passes from the seller to the buyer right after the moment of payment of the full price for the subject of the purchase contract.
2. In the case of complaint from the buyer, the seller reserves the right to deal with the goods or services, which are covered by the ownership of the seller, after the full payment of the purchase contract.
3. Article VIII.
Cancellation of the purchase contract
1. The buyer has right to cancel the order of goods or services within 24 hours after the formation of purchase contract without a cancellation fee of goods which were custom made according to the specific requirements of the consumer or specifically for one consumer.
The consumer's right to return goods without giving any reason and consumer guidance
1. The consumer has right to withdraw from the contract within 14 calendar days after receiving the goods according to the law no. 102/2014 Z. z. about selling goods or services on the basis of the distance contract or contracts negotiated away from business premises and about amending and alternation of certain laws (hereinafter referred to as the "Act") pursuant to § 7 and subsequent. If the subject of the purchase contract is delivering of the goods, the consumer has right to cancel the contract before the delivery of the goods.
2. If the consumer wants to use this right, he is obliged to deliver the written withdrawal from the contract personally at the latest on the last day of the specified period to the seller's contact address or hand over this resignation to the post office transportation at the latest on the last day of the specified period to the address listed in the contacts. The consumer is obliged to send or personally deliver the subject of the contract along with all documentation - eg. original invoice, instructions and other documentation for the goods which had been delivered with the goods no later than 14 days from the date of withdrawal (§10 paragraph. 1 of the Act)., which he withdraws from, after the notice of withdrawal from the contract. We recommend buyers to make copies of invoices for their own use and we recommend buyers to deliver goods by registered mail as insured item. You can use the following form for the withdrawal from the contract: Withdrawal from the contract where information marked by "*" - star is to be completed at least...
3. Do not send goods on delivery, such goods shall not be accepted.
4. The operator of e-shop reimburse the consideration for the goods / services, including transport costs within the meaning of the establishment §9 section 3) Act no. 102/2014 Z.z. as well as costs demonstrably incurred to purchase them within 14 days from the receiving of the withdrawal, but he is not obliged to return the money before the goods has been delivered, or before the consumer renders sending of the goods, except for the case when the seller suggest that he will pick up the goods by himself.
5. The costs of returning goods shall be borne by the consumer.
6. The right of withdrawal applies to goods and services as defined in § 7 par. 6 point. a) to l) of the Act no. 102/2014. Z.z.
7. The consumer will bear any diminished value of the goods, which was caused by its use beyond what is necessary to determine the functionality and characteristics of the goods.
The rights and obligations of the parties
1. The seller and the buyer shall be considered for contracting parties
2. The buyer is obliged to:
a. take over the ordered goods.
b. pay the agreed price to the seller,
c. check the integrity of the package respectively the product itself when accepting the goods
3. The seller is obliged to:
a. deliver the goods to the customer in the required quality, amount and of the agreed price,
b. along with goods subsequently send documents of all goods, such as an invoice for the goods, letter of complaint, operating instructions in codified form of the Slovak language to the buyer.
Protection of personal information
1. Personal information are processed in accordance with the Act. 122/2013 Z. Z. on personal data protection as amended.
2. The operator shall not provide the buyer's personal data to a third party except for the transport company for the delivery of goods or services or to public authorities in case of control.
3. The operator acquires from the purchaser following personal information: name, address, shipping address, telephone number, e-mail address
4. Your personal data are processed for the purpose of correctly arranging your order.
5. The operator is required to secure personal information, which he has processed in the security arrangements, so that it is not released to unauthorized person.
6. If the buyer agrees to the processing of personal data when registering in e-shop for marketing purposes, he primarily agreed with receiving e-mail messages to the contact e-mail address, telephone contact or with sending mail to the contact address.
7. The buyer may revoke his agreement in writing at any time by sending appeal to the processing of personal data and we immediately block it or obviate it. And from our side, we will not use the personal information that you provided for marketing purposes.
8. If the buyer agreed to the processing of personal data when registering to e-shop loyalty registration program, he agreed with the collection of personal data, including the information about orders in order to provide discounts.
9. The buyer may revoke his agreement in writing at any time by sending appeal to the processing of personal data and we immediately block it or obviate it. And from our side, we will not use the personal information that you provided for loyalty program.
Compensation for not accepting the goods
1. The seller shall be entitled to compensation (under sec. § 420 and seq. of The Civil Code) if the buyer has ordered goods, which he did not declare off - respectively he has not withdrawn from the contract and at the same he did not take the delivery from the carrier or he did not take the delivery after the appeal of the seller in the case of choosing the personal collection of goods. By this proceeding, the buyer had breached its obligation referred to in Art. X section 2 letter a), under which the buyer is obliged to accept the ordered goods.
3. The seller has also right not to enforce the compensation for the damage as well as enforce this right only partially.
1. The seller reserves the right to amend these general terms and conditions and complaint conditions even without prior warning of the buyer. In the event of a change of general terms and conditions or complaint conditions, the whole process is being managed according o those general terms and conditions, which were in effect at the time of submitting the order by the buyer and these are available on the website of the seller.
2. An integral part of these general terms and conditions are complaint conditions.
3. By sending the order, the buyer has read the general business conditions and the complaint conditions and agrees with their wording.
4. These conditions were designed within the project of the certification of e-shop nakupujbezpecne.sk
5. These general terms and conditions as well as complaint conditions are available at the registered office of the company for inspection by the buyer and they are published on the website of the e-shop as well.
6. Otherwise unedited relations in these general terms and conditions as its integral part (appendix) are governed by the relevant provisions primarily Act no. 40/1964, Law no. Z.z. 250/2007, Law no. Z.z. 102/2014, Law no. Z.z. 122/2013, Law no. 22/2004 Z.z. and Law no. 513/1991 Z.z.
7. These terms and conditions, including their integral part come into effect on 11 November 2015.
1. Objection can be claimed only to those goods which were bought from the seller and which are the property of the buyer.
2. In the case when the ownership has not yet been transferred from the seller to the buyer, the buyer in accordance with applicable legislation can claim the objection after the payment of full price in accordance with § 151a and seq. Of The Civil Code.
3. If the buyer is a consumer (a natural person who is not acting within the scope of his business, employment or profession all goods offered are warranted for a period of 24 months if not specified otherwise and it is proceed in accordance with the Consumer Protection Act and The Civil Code. If the buyer is not a consumer it is being proceed in accordance with the provisions of the Commercial Code and the warranty period is one year. The warranty period begins on the date of receiving the goods from the shipping company or directly from the seller if the buyer takes over the goods in person at the date of its receiving.
4. The buyer is obliged to send a claim to the seller without delay and immediately after the detection of an error.
5. Liability for the defects dos not apply to defects caused by use of the following:
a. the defect was caused by a mechanical damage of the product caused by the buyer,
b. mishandling, using it other way than set forth in the instruction manual.
c. using of goods under conditions that do not correspond with its moisture, chemical and mechanical impacts and natural environment of goods
d. failure in caring and maintaining of goods,
e. excessive damage of goods caused by loading,
f. using goods in violation with the conditions specified in the documentation, the general principles, technical standards and safety regulations or any other breach of warranty.
6. Liability for defects does not apply to the normal wearing and tearing off the goods (or part of it) resulting from the usage of the goods. Shorter product life can not therefore be considered as a fault and you can not complain.
7. Defective goods must be sent to our address listed below but they must not be sent as a cash on delivery package nor they should be brought personally to our contact address. The goods need to be appropriately wrapped so that they would avoid damage during travel and we recommend you to send the goods as registered or as insured items. The copy of the proof of the purchase (contract) must be sent along with the goods and we recommend you to attach filled claim form as well. The claim must be written and sent (by mail) or brought personally (not via e-mail).
8. The seller shall acknowledge the receiving of the claim and he shall give the buyer confirmation of submission of a complaint in an appropriate form. The date of the claim shall be the date of its delivery to the seller. If you can not deliver the certificate immediately, it must be delivered without undue delay, at the latest, together with the proof of the settlement of a claim. Confirmation of the settlement of a claim will be sent in writing.
9. The seller is obliged to immediately determine the manner of the complaint, in complicated cases within 3 days from the date of the claim. In justified cases, particularly where a complex technical evaluation of the goods is needed, he is obliged to do so within 30 days of the complaint. After determining the way how to settle the claim, the seller shall deal with the claim immediately, in justified cases the complain can be arranged later. Dispatch shall not exceed 30 days from the date of the claim. After the 30-day deadline for the settlement of the claim, the buyer has a right to withdraw from the contract and he shall be refunded the full amount for the goods or he will be given the right to exchange the goods for new ones.
10. The right of the buyer when claiming an objection
a. with correctable error, the buyer has the right to have it removed properly and on time. The seller determines the way to correct the mistake. The buyer may ask to replace any defective thing for the flawless one instead of having it repaired only if this does not result in excessive cost for the seller with respect to the price of goods or severity of the errors,
b. if there is an unrecoverable error, which prevents the proper usage of the item, the buyer has the right either to exchange things or to withdraw from the contract (reimbursement).
c. the objection will be considered as equipped if complaint procedure is ended by the transfer of the claimed goods, its exchange, or refunding of the purchase price and a written appeal to its takeover or its reasoned refusal.
11. Non-damage of the goods, respectively non-damage of the package (as instructed when receiving the goods) should be checked when receiving the goods, as goods can be damaged due to the transport, we recommend buyers to unpack the goods and look at it in the presence of the carrier. Your signature to the courier declares that the package is undamaged.
12. These complaint 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 warning of the purchaser.