General Terms and Conditions
1.1 These General Business Terms and Conditions (hereinafter referred to as the "GTC") of the company Trnavské Športové Centrum, s.r.o., with its registered office at Starohájska 9/C, Trnava 917 01, Business ID: 36 768 057, Tax ID: 2022368128, VAT reg. no.: SK2022368128, registered in Trnava District Court - Commercial Register, Section: Sro, File No .: 19958 / T, IBAN: SK23 0200 0000 0028 4554 5458/SUBASKBX, Telephone: 00421 (0) 908 578 708, E-mail: firstname.lastname@example.org (hereinafter referred to as the "Seller"), regulate in more detail the mutual rights and obligations arising from the Purchase Agreement concluded between the Seller and the Buyer (Customer) at the moment of confirmation of the Purchase Order by the Seller (the "Purchase Agreement"); including the terms of the complaint procedure.
1.2 These GTC are available on the seller's website: www.beelol.eu in the section labeled "General Terms and Conditions".
1.3 For the purposes of these GTC, the Goods shall mean all products of the Seller presented on the Seller's website intended for sale to the Buyer (Customer) (hereinafter referred to as “Goods”).
1.4 The buyer is a consumer or an entrepreneur.
1.4.1 The consumer is a natural person who, when concluding and performing the purchase contract, does not act within the scope of his business or any other business activity. The legal relations of the seller with the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act No. 40/1964 Zb. Civil Code, as well as by related legislation.
1.4.2 Entrepreneur means:
• a person registered in the Commercial Register,
• a person doing business under a trade license;
• a person doing business on the basis of a non-trade license pursuant to special regulations;
• a person who carries out agricultural production and is registered in a special regulation.
1.4.3 If the buyer states his/her Business ID in the order, he/she acknowledges that he/she is subject to the provisions of these GTC concerning entrepreneurs.
1.4.4 The legal relations between the Seller and the Buyer, which is an entrepreneur, not expressly regulated by these GTC or the purchase contract concluded between the Seller and the Buyer shall be governed by the relevant provisions of Act No. 513/1991 Zb. Commercial Code, as amended, as well as provisions of other related legal regulations. In case of any differences between the GTC and the purchase contract, the text of the concluded purchase contract shall prevail.
1.5 These GTC have been worked out especially in accordance with the provisions of Act No. 40/1964 Zb. Civil Code, as amended (hereinafter referred to as the “Civil Code”), Act no. 102/2014 Z.z. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded off the premises of the seller and on amendments and supplements to certain laws (hereinafter referred to as "Act No. 102/2014 Zb.") 250/2007 Z.z. on Consumer Protection and on Amendment to Act of the Slovak National Council no. 372/1990 Zb. on offenses, as amended (hereinafter referred to as “Act No. 250/2007 Zb.”), Act No. 22/2004 Zb. on e-commerce and on amendment of Act no. 128/2002 Zb. on State Control of the Internal Market in Consumer Protection Matters and on Amendments to Certain Acts, as amended by Act No. 284/2002 Coll. (hereinafter referred to as “Act No. 22/2004 Zb.”); 391/2015 Zb. on Alternative Dispute Resolution and on Amendments to Certain Acts (hereinafter referred to as “Act No. 391/2015”); 122/2013 Z.z. on the protection of personal data and on amendments and supplements to certain Acts (hereinafter referred to as “Act No. 122/2013”) and Act no. 513/1991 Zb. Commercial Code.
1.6 The Slovak Trade Inspection shall check compliance with legal regulations in the field of consumer protection. The competent inspection body for the Trnava Region is the SOI Inspectorate for the Trnava Region, Trhová 2, 917 01 Trnava.
- CUSTOMER REGISTRATION
2.1 The Buyer, who is not a registered customer on the Seller's website, may also make purchases through the Seller's website (hereinafter also referred to as the “Seller's E-Shop”). Buyer’s registration is voluntary and free of charge. The Customer may register on the Seller's website by giving an email address, first name and surname, telephone number, shipping address (hereinafter referred to as "registration").
2.2 Upon registration, it is necessary to accurately and truthfully complete the customer's registration data in the form: name and surname/business name, permanent/temporary residence/registered address or delivery address, e-mail address and telephone contact. When signing up, the customer will also provide the password they will use to log in to their customer account.
2.3 The registration is considered duly completed if it is delivered to the electronic system of the Seller and contains all required registration data of the Buyer.
2.4 Upon successful registration, the Buyer may log into his account created on the Seller's website (hereinafter referred to as "Account"). The Buyer shall execute each additional login to his / her account by entering the login name created during the registration and the password he/she provided upon registration (hereinafter referred to as "login details"). Customer’s login details are confidential.
2.5 The Buyer is responsible for the accuracy, truthfulness and continuous updating of all his registration data. In case of any change of registration data, the Buyer is obliged to update the registration data next time he logs into his account.
2.6 The Buyer to which the account is registered is fully responsible for all acts performed through the account on the seller's website. The Buyer shall immediately inform the Seller of any suspected misuse of its registration data by a third party. In the event of a justified concern, the Seller is entitled to block the account and, if necessary, request the Buyer to change his login details.
2.7 The Seller is not liable for the consequences caused to the Buyer and / or third parties as a result of:
1. an inaccurate, false or incomplete registration or ordering information of the buyer;
2. failure to update the buyer's registration data after registration;
3. making the buyer login, registration and/or ordering information available to third parties.
2.8 The Seller is entitled to cancel the Buyer's account at any time without giving any reason, even without prior notice to the Buyer. The Seller shall cancel the Buyer's account in particular in the following cases:
1. if the Buyer violates the GTC or the provisions of valid and effective generally binding legal regulations in connection with the purchase through the seller's website;
2. if the Buyer carries out any activities that adversely affect the functionality and effectiveness of the seller's website, regardless of the manner and nature of the buyer's intervention in the website;
3. if there are duplicate Buyer accounts. In this case, the Seller shall be entitled to close all Buyer's accounts and/or to retain only one unique Account pertaining to the Buyer;
4. in other cases, specified in point 11.3 of the GTC.
2.9 The registration of the Buyer terminates upon the termination of the sale of the goods by the Seller via the Seller's website (upon termination of the e-shop operation) and the Buyer's death. The termination and/or cancellation of the registration has no effect on those provisions of the GTC which, due to their nature, are to remain valid even after the cancellation or termination of the registration.
- CONCLUSION OF THE PURCHASE CONTRACT
3.1 The goods presented on the Seller's website do not constitute a binding offer of the Seller to the Buyer for the purchase of goods within the meaning of the legal order of the Slovak Republic. The Seller does not guarantee the availability of the goods found on his website. The availability of the goods is always bound to the current stock of the Seller, which are subject to constant changes depending on the volume of realized orders completed by the sale of goods.
3.2 The goods presented on the website of the Seller may be placed in the shopping cart by the Buyer under the conditions specified in Article 6 GTC.
3.3 If the Buyer is a consumer, the proposal to conclude a purchase contract is the placement of the goods offered by the Seller on the Seller's website, the purchase contract arises by sending the order to the Buyer and receiving the order by the Seller. The Seller shall confirm this acceptance without delay to the Buyer by means of an informative e-mail sent to the Buyer, but this confirmation shall not affect the origin of the Contract. In the information e-mail, the Purchase Agreement arising, including the agreed purchase price, may only be changed or cancelled by an agreement between the parties or on legal grounds.
3.4 If the Buyer is an entrepreneur, the proposal to conclude a purchase contract is the order of goods sent by the Buyer entrepreneur and the purchase contract itself is concluded at the moment of delivery of binding consent of the Seller to the Buyer entrepreneur with this proposal. The Seller is not liable for any errors in data transmission. The contract is concluded in the Slovak language.
3.5 For the avoidance of any doubt, the Buyer shall not have any legal consequences for refusing to accept the goods upon delivery. Such customer behaviour does not represent, for example withdrawal from the purchase contract, or any other legal act leading to the termination of the purchase contract.
- PURCHASE PRICE OF GOODS
4.1 The prices of the goods stated on the Seller's website are of an informative nature only, as at the time of delivery of the goods to the customer for the purpose of eventually concluding a purchase contract, they may differ for reasons stated in 4.2 GTC from the actual price of the same goods stated on the Seller's website (hereinafter referred to as the "informative price"). The informative price is always stated as a price including value added tax in accordance with the currently valid legislation.
4.2 The informative price may change in the period between the confirmation of the shopping cart (order) and the delivery of the goods, in particular for the following reasons:
1. in case of supplies of weighed goods (candies and lollipops), due to the weighted deviation as defined in point 6.7 of these GTC;
2. in case of delivery of replacement goods when the goods listed in the customer's shopping cart are unavailable;
3. in case of goods from the "promotion", the delivery of which the Customer ordered only after the end of the relevant "promotion" of the Seller.
4.3 If the price of the goods upon delivery to the Customer (hereinafter referred to as the “purchase price”) is higher than the informative price, the Customer has the right to refuse to conclude a purchase agreement with the Seller for the sale of the goods directly upon delivery.
4.4 The informative price is always stated on the website of the Seller as the price without delivery costs (hereinafter also referred to as “delivery costs”). Delivery costs are charged to the Customer in the event of conclusion of the purchase contract as follows:
- costs of delivery of goods by courier service in the territory of the Slovak Republic amount to 2,50 € without VAT (3,00 € incl. VAT) for order value up to 30€ incl. VAT,
- costs of delivery of goods by courier service in the territory of the Slovak Republic amount to 1,667 € without VAT (2,00 € incl. VAT) for orders over 30€ incl. VAT,
- the cost of delivering goods via the shipping service PACKETA in the Slovak Republic is 1.50€ without VAT (1.80€ incl. VAT),
- the cost of delivering goods via the shipping service PACKETA in the Czech Republic is € 2.42 excl. VAT (2.90€ incl. VAT),
- costs of delivery of goods by courier service in the Czech Republic amount to 7.00€ without VAT (8.40€ incl. VAT) for order value up to 30€ incl. VAT,
- the cost of delivering goods by courier in the Czech Republic is 5.00€ excl. VAT (6.00€ incl. VAT) for orders over € 30 incl. VAT,
- In case of cash on delivery in the territory of the Slovak Republic and the Czech Republic, delivery costs will be increased by 0.833€ excl. VAT (1.00€ incl. VAT),
- In case of personal pick-up at the business address (B.S. Timravy 1, 917 01 Trnava, Slovakia), the costs are 0.00€ excl. VAT (0.00€ incl. VAT).
4.5 Delivery costs relating to multiple Customer's shopping carts (orders) with the same time and place of delivery as defined in Article 6 hereof shall be charged separately for each individual shopping cart (order).
4.6 If it is not agreed how the goods should be packed, the Seller shall pack the goods as usual or in the way necessary to preserve the goods and protect them. In the same way, the Seller shall procure the goods for transport.
- PAYMENT CONDITIONS
5.1 The Seller accepts the following payment methods:
• prepay by bank transfer to the Seller's account;
• payment via the bank's internet interface (on-line payment card);
• cash on delivery (cash is taken from the customer by the carrier);
• payment on invoice with due date;
5.2 The goods remain the property of the Seller until full payment of the purchase price and its acceptance by the Buyer, however, the risk of damage to the goods passes through the takeover of the goods to the Buyer. The Seller reserves the right to offer the Buyer only selected payment methods. Buyer’s billing information cannot be changed retroactively after placing an order.
5.3 In case of conclusion of the purchase contract, the Seller delivers the goods to the Customer together with a confirmed delivery note and proof of purchase (hereinafter referred to as "proof of purchase"). The proof of purchase shall include at least the following:
1. the business name, registered office and identification number of the Seller;
2. the name and quantity of the goods;
3. the date of sale of the goods;
4. the purchase price of the individual goods and the total purchase price of the goods paid by the Customer (including delivery costs and possible packing costs).
- CUSTOMER SHOPPING CART (ORDER)
6.1 Creating a shopping cart (order) by the customer on the website of the seller is not limited by time, the customer can do so at any time, 24 hours a day, seven days a week.
6.2 Part of the process of creating a shopping cart (order) is also confirmation of the customer that he/she has become acquainted with the wording of the Seller's GTC as well as giving the Customer's consent to these GTC. By sending the shopping cart (order) to the seller at the same time in accordance with § 3 para. 2, par. b) of Act no. 102/2014 Z.z. grants the Seller permission to provide him with information prior to the conclusion of the purchase contract, such as a contract concluded outside the premises of the Seller pursuant to § 3 para. 1 of Act no. 102/2014 Z.z. provided in the form of an entry on another durable medium instead of its paper form. The Seller shall fulfill its obligation under the foregoing by sending these General Terms and Conditions, together with the Acceptance Notice (as defined below) to the Customer in a separate computer file so that this information will be retained for the Customer in the future.
6.3 When creating a shopping cart, Customer may, at its discretion, also give the Seller its consent to the processing and storage of his personal information in accordance with § 11 par. 1 of Act no. 122/2013 Z.z. provided when the Shopping Cart (order) is created to the extent: Customer Name, Place (s) and, where applicable, the floor numbers of the apartment in the apartment house designated as the place of delivery of the goods), customer's telephone number and e-mail address (hereinafter referred to as "ordering information"), all for direct marketing by the Seller under the Article 12 hereof.
6.4 Upon delivery of the shopping cart (order), the Seller shall notify the Customer by e-mail of the receipt of the shopping cart (order) into the electronic system of the e-shop (hereinafter referred to as the "Acceptance Notice"), containing in particular the total informative price of the goods from the shopping cart, including shipping costs and packing costs.
6.5 In the event of the unavailability of any goods placed in the shopping cart, the Seller shall be entitled, but not obliged, to inform the Customer of the existence of replacement goods closest to the unavailable goods (hereinafter referred to as "replacement goods"). Based on the information provided, the Customer can ask the Seller to supply replacement goods instead of the goods listed in the shopping cart (order). Replacement goods shall always be distinguished on delivery of the goods so that it is clear that they are replacement goods. Upon delivery of the goods, the Customer is entitled to refuse the acceptance of the replacement goods or any part of it. The informative price of rejected replacement goods shall not be included in the purchase price of the goods.
6.6 In case of the delivery of goods under a "promotion" or other discounted type of sale of goods (hereinafter referred to as the "promotion"), where the quantity of goods of the seller is limited, the delivery of goods always follows the order of orders of the goods created by Customers. The Seller reserves the right:
1. not to deliver goods from the shopping cart (order) to the Customer if the goods are already sold out as part of the promotion;
2. to deliver the goods from the shopping cart (order) to the Customer, the purchase price of the delivered goods being higher due to the expiration of the promotion at the time of delivery, compared to the informative price stated on the website at the time of creating the shopping cart (order) .
6.7 In case the Customer puts in the shopping cart goods that are delivered by weight (hereinafter referred to as “weighed goods”), the Seller is entitled to deliver goods with a weight different from the weight stated in the shopping cart within the allowed tolerance + / - 5% (in words: five percent), depending on the type of goods to be weighed (hereinafter referred to as the 'weighted deviation'). In case of any weighted deviation being exceeded, the Customer is entitled to refuse the goods without further action.
6.8 If the nature of the weighed goods allows it when the Customer puts the goods into the shopping cart by entering the number of pieces instead of the weight of the goods, the Seller delivers the ordered number of goods to the Customer. The purchase price of the goods delivered in this way will be determined according to the weight of the Customer's actual quantity of goods.
- DELIVERY OF GOODS
7.1 The Seller ensures or mediates the following methods of delivery of goods:
• sending by courier service,
• shipment by shipping service PACKETA,
• personal pick-up by customer at the business address (B.S. Timravy 1, 917 01 Trnava, Slovakia).
7.2 In case of force majeure or failure of the information system, the Seller is not responsible for delayed delivery of goods. All offered modes of transport, their current conditions and prices remain unchanged.
7.3 If necessary, the Seller reserves the right to additionally verify the Customer's registration and ordering data, the contents of Customer's shopping carts and the specified data regarding the time and place of delivery of the goods, e.g. by phone or email.
7.4 The Seller further reserves the right to deliver to the Customer a limited quantity of goods specified in the shopping cart (order).
8. SELLER'S RETURN POLICY
8.1 RETURN POLICY SCOPE
8.1.1 The provisions of this GTC (hereinafter referred to as the “Complaints Procedure Rules”) shall apply exclusively to customers - natural persons who, when concluding and fulfilling the purchase contract with the Seller, did not act within the scope of their business or other business activity ").
8.1.2 Customers - entrepreneurs as well as natural persons who, when concluding and fulfilling the purchase contract with the Seller acting within the scope of their business or other business activities, are subject to the relevant provisions of Act No. 513/1991 Zb. Commercial Code as amended and Act no. 40/1964 Zb. Civil Code as amended.
8.2 WRITTEN COMPLAINTS
8.2.1 If any defect (quantity, quality, weight or any other characteristic of the goods sold) (hereinafter referred to as the “defect of goods”) occurs in the purchased goods, the Consumer is entitled to make a complaint about the defect of the goods. ("complaint"). The written complaint includes in particular:
1. Customer identification data in the extent of name, surname, address of the place of delivery;
2. the shopping cart number (order) to which the claim relates;
3. clear, accurate and comprehensible identification of the goods which are the subject of the complaint;
4. a detailed description of the defect(s) of the goods;
5. the choice of Customer's claim under points 8.6.4 and 8.6.5 of these GTC;
6. date of writing the claim and handwritten signature of the Customer.
188.8.131.52 A complaint can always be made also through the Complaint Form located on the website of the Seller.
8.2.2 If the Customer fails to make a claim under Sections 8.6.4 and 8.6.5 of these GTC, the Seller shall be entitled to decide on the choice of the claim within the limits of the applicable legislation.
8.2.3 Together with the complaint, the Customer is obliged to present to the seller proof of purchase of the goods, together with the warranty letter, if it was issued for the goods. For the correct assessment of the complaint it is necessary that the claimed goods are clean, complete and in accordance with hygienic regulations or generally applicable hygiene principles.
8.2.4 If the complaint does not meet all the conditions of a properly made complaint, the Seller immediately contacts the customer (in person, by telephone, via SMS or e-mail) in order to complete the complaint. The Seller shall draw up a written report on making a proper complaint to the Customer, a copy of which he will personally hand over or send to the Customer.
8.3. METHOD OF APPLICATION OF THE COMPLAINT AND THE PLACE FOR ITS APPLICATION
8.3.1 The Customer is entitled to file a complaint with the Seller by sending a written complaint as well as always using the Complaint Form/Complaint Proof Document to the Seller's registered address stated in Art. 1 point 1.1 of these GTC.
8.4 LIABILITY FOR GOODS DEFECTS
8.4.1 The Seller shall be liable for defects of the goods that the sold goods have when they are taken over by the customer. For goods sold at a lower purchase price, the Seller is not responsible for defect/defects of the goods for which the lower purchase price was agreed.
8.4.2 The Seller shall be liable for defects in the Goods that occur after the Customer has received the Goods within the warranty period (hereinafter referred to as the “Warranty Period”). For food the warranty period for the purpose of the Complaints Procedure means the expiry date or the date of minimum durability of the goods. The warranty period of non-food goods is 24 months. If the period of “Use by” is marked on the goods sold, on their packaging or on the accompanying instructions, the warranty period shall not expire before the expiry of this period.
8.4.3 The Seller shall not be liable for defects in goods if:
1. the Customer has caused the defect of the goods himself (e.g. due to improper handling of the goods, incorrect storage of the goods, etc.);
2. the Customer knew about the defect of the goods before taking over the goods. If he has been explicitly and clearly warned of the defect and if the defect of the goods has been granted a discount on the purchase price of the goods;
3. defects in the goods were caused by the unauthorized person's intervention in the goods or its components;
4. if the goods are claimed after the expiry of the warranty period or other period within which the goods are to retain their specific characteristics (expiration date or minimum durability).
8.4.4 The warranty period starts from the moment the goods are taken over by the customer.
8.4.5 The Seller is obliged to provide the Customer with a written warranty (hereinafter referred to as the "Warranty Certificate") whenever the Customer requests the Seller. If the nature of the goods to be sold allows it, it is sufficient that the Seller issues proof of purchase instead of the customer's warranty. The Seller shall also issue a Warranty Certificate to the Customer if its issue requires the nature of the goods to be sold. The Warranty Certificate must contain the Seller's trademark, the content, scope and terms of the warranty.
8.4.6 The period from the filing of the claim until the time when the customer was obliged to take over the claimed goods is not included in the warranty period. The seller is obliged to give the customer a confirmation of when the right was exercised, as well as about fixing the defect and its duration.
8.4.7 If the goods are exchanged, the warranty period shall commence once the new goods have been received by the customer.
8.4.8 If the goods sold at a lower price or used goods have a defect for which the Seller is responsible, the Customer has the right to a reasonable discount on the purchase price of the goods instead of the right to exchange goods.
8.5 TIME ALLOWANCE FOR MAKING a COMPLAINT
8.5.1 The Customer is obliged to make a complaint without undue delay after the defect has been discovered, but no later than by the expiry of the warranty period, otherwise the Customer's rights from liability for defects shall expire.
8.5.2 Complaints about defects of goods that perish quickly must be placed no later than one day following the purchase of the goods, otherwise the Customer's rights from liability for defects of the goods expire.
8.5.3 In case of second-hand goods, the Customer's rights shall be extinguished from liability for defects if they have not been exercised within 24 months of the date of receipt of the second-hand goods by the Customer or by the expiry of the shorter warranty period agreed by the Seller and Customer.
8.6 WAYS OF HANDLING THE COMPLAINT
8.6.1 The Seller shall issue to the Customer a confirmation of the received complaint within five days from the date of its proper application, but at the latest together with the complaint record (as defined in point 8.6.6 hereof). The confirmation of the claim does not have to be delivered if the Customer has the opportunity to prove the claim in another way (especially by means of a postal receipt proving the sending of the claim to the address of the seller).
8.6.2 Upon the Customer's decision to exercise the rights under Sections 8.6.4 and 8.6.5 hereof, the Seller is obliged to determine the method of handling the complaint immediately, in complicated cases, no later than 3 working days from the date of the complaint. In justified cases, especially if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the date of the claim. The Seller shall promptly inform the Customer (in person, by telephone, via SMS or e-mail) of the method of handling the claim.
8.6.3 The Seller shall settle the claim immediately, in justified cases, no later than 30 days from the date of the claim (hereinafter referred to as the “time limit for settling the claim”). After the expiry of the period for settling the claim, the Customer has the right to withdraw from the purchase contract or the right to exchange goods for new goods.
8.6.4 If the defect is removable, the Customer has the right to have the defect removed free of charge, in a timely and proper manner. The Seller shall remove the defect without undue delay. Instead of removing the defect, the Customer may request replacement of the goods or, if the defect concerns only a part of the goods, the replacement of the part, if this does not incur disproportionate costs with respect to the purchase price of the goods or the severity of the defect. The Seller may, at its own discretion, replace the defective goods for goods without defects instead of removing the defect, unless this causes the Customer serious difficulties.
8.6.5 In case of a defect that cannot be removed and which prevents the goods from being properly used as a defect-free product, the Customer has the right to exchange the goods or to withdraw from the purchase contract. The same rights belong to the Customer in case of removable defects, but if the Customer cannot properly use the goods due to the repeated occurrence of the defect after repair or due to a larger number of defects. In case of irremovable defects that do not prevent the goods from being used properly, the Customer is entitled to a reasonable discount on the purchase price.
8.6.6 The Seller shall issue the Customer with a document proving the complaint handling (hereinafter referred to as the “Complaint Record”) no later than 30 days from the date of the proper complaint. The Seller shall send the complaint record to the Customer to Customer's e-mail address given at the registration or hand over the complaint record to the Customer personally when handling the complaint.
8.6.7 The Seller shall be entitled to settle the claim by rejecting it only on the basis of an expert assessment (hereinafter referred to as “expert assessment”). The Seller is obliged to provide the Customer with a copy of the expert opinion justifying the rejection of the complaint no later than 14 days from the date of handling the complaint.
- WITHDRAWAL FROM THE PURCHASE CONTRACT BY CUSTOMER
9.1 The provisions of this Article of the GTC apply exclusively to customers - natural persons who, in concluding and fulfilling the purchase contract with the seller, act as a Consumer.
9.2 Customer - entrepreneur, natural person who, when concluding and fulfilling the purchase contract with the Seller acted within the scope of his business or other business activity, can withdraw from the concluded purchase contract under the conditions specified in the relevant legislation (especially Act No. 513 / 1991 Zb. Commercial Code, as amended).
9.3 The Customer shall be entitled to withdraw from the Purchase Agreement and return the goods acquired from the Seller without giving any reason within 14 days from the date of receipt of the Goods (hereinafter referred to as the “withdrawal period”).
9.4 The withdrawal period is considered kept if the Customer's notice of withdrawal (hereinafter referred to as the "withdrawal notice") was sent to the Seller no later than the last day of the withdrawal period. The burden of proving the exercise of the right of withdrawal lies with the Customer.
9.5 The Customer may exercise the right of withdrawal from the Seller by sending a notice of withdrawal to the Seller's e-mail address: email@example.com or the Seller's Correspondence Address: Trnavské Športové Centrum, s.r.o., Starohájska 9/C, 917 01 Trnava.
9.6 For the purposes of these GTC, a notice of withdrawal shall mean any clearly stated statement of the Customer addressed to the Seller to whom the Customer expresses his/her willingness to withdraw from the concluded Purchase Agreement. The withdrawal notice should contain at least the following minimum content requirements:
1. Seller's identification data including business name, registered office and company ID;
2. Customer identification data in the extent of name and surname, address of the place of delivery;
3. shopping cart number (or order);
4. the exact specification of the goods from which the customer withdraws;
5. in case of a written notice of withdrawal, the date of its writing and the handwritten signature of the Customer.
9.7 The Customer may always use the Template for a withdrawal from a remote contract, the example of which is available on the Seller's website. The withdrawal form will always be handed over to the Customer in person at the conclusion of the purchase contract with the seller (on the back of the delivery note).
9.8 The Customer shall not be entitled to withdraw from the purchase contract in the following cases:
1. on the sale of goods which are subject to rapid deterioration or perishability;
2. on the sale of goods sealed in protective packaging which it is not appropriate to return for health or hygiene reasons and whose protective packaging has been broken after the goods have been delivered;
3. on the sale of goods which, by their nature, may, after delivery, be inextricably mixed with other goods;
4. in other cases, explicitly defined in § 7 para. 6 of Act no. 102/2014 Z.z.
9.9 The Seller shall return to the Customer, without undue delay, but no later than 14 days from the date of delivery of the notice of withdrawal, any payments received from him under or in connection with the purchase contract (hereinafter referred to as “payments”). The seller is not obliged to refund the customer before the goods are delivered to him or until the customer proves the goods are sent back to the Seller, unless the goods are picked up by the Seller in person or through a third party authorized by him.
9.10 The Seller shall return the received payments to the Customer in the same manner as used by the Customer to pay the purchase price. The Seller is always entitled to refund payments by wire transfer to the Customer's bank account. The Customer has the right to negotiate a different payment method, provided that no additional fees are charged to the customer.
9.11 The Customer is obliged to send the goods back to the Seller by postal transport no later than 14 days from the date of withdrawal from the Purchase Contract or to hand it over to the Seller or the person authorized by the Seller to take over the goods. Upon withdrawal from the contract, the Customer bears the cost of returning the goods to the Seller or the person authorized by the Seller to take over the goods.
9.12 If, due to the nature of the goods, it is not possible to send the goods back to the Seller by post, the Seller shall ensure the collection of the goods at the Customer's own expense without undue delay, but no later than 14 days from the date of receipt of the notice of withdrawal.
9.13 In case of withdrawal from the purchase contract, the customer is obliged to return the goods to the Seller in the same condition as the Customer took it at the conclusion of the purchase contract (complete and undamaged). Goods protected by the manufacturer against opening shall not be returned after removal of the protective packaging or mark. Otherwise, the Seller shall be entitled to damages and/or unjust enrichment.
- INFORMATION ON THE POSSIBILITY OF ALTERNATIVE SOLUTIONS OF CONSUMER DISPUTES
10.1. The provisions of this Article of the GTC are based on the provisions of Act No. 543/2004 Zb. and apply only to Customers - natural persons who, in concluding and performing the purchase contract with the Seller, acted as a Consumer.
10.2 Alternative dispute solution is a procedure aimed at achieving a conciliatory settlement of a dispute between a Seller and a Customer (Consumer) and avoiding litigation between these entities. The Customer has the right to contact the Seller to fix the product’s defect if he is not satisfied with the way the Seller handled his complaint or if he believes that the seller has violated his rights. The Customer has the right to submit an alternative dispute solution to the ADR entity if the Seller has refused to respond to the Customer's request under the preceding sentence or has not responded within 30 days of the date of dispatch (the “Proposal”).
10.3 The proposal is submitted to the competent body of ADR. The list of ADR entities is available at the website of the Ministry of Economy of the Slovak Republic:
The submission of the proposal does not affect the possibility of the Customer to appeal to the competent court of the SR. If several ADR entities are competent for ADR, the customer shall have the right of choice. The application for an alternative dispute resolution shall include:
1. the customer's name and surname, address for service, e-mail address and telephone contact, if any;
2. the exact identification of the Seller;
3. a complete and comprehensible description of the operative events;
4. indication of what the Customer is claiming;
5. the date on which the Customer contacted the Seller to fix the defect and information that the attempt to resolve the dispute directly with the Seller was unsuccessful;
6. Declaration that the same application has not been sent to another ADR entity, that the court or arbitral tribunal has not settled the case, no mediation agreement has been concluded in the case, or the alternative dispute resolution was terminated in the manner pursuant to § 20 par. 1, par. a) to e) of Act no. 391/2015 Zb.
10.4 The Customer shall attach to the proposal documents related to the subject of the dispute proving the facts stated in the proposal. The application may be submitted in paper form, electronic form or orally in the memorandum. For submitting the proposal, the customer may use the template, an example of which is given in Annex no. 1 of Act no. 391/2015 Zb. and which is also available on the website of the Ministry of Economy of the Slovak Republic and of any ADR entity. Further conditions related to alternative dispute resolution of consumer disputes are stipulated by Act No. 391/2015 Zb.
10.5 At the same time, if a Customer has the impression that their Consumer’s rights have been violated, they are entitled to file a complaint with the Seller via the online complaint form on the online dispute resolution platform available at:
- INFORMATION ABOUT MAKING SUGGESTIONS AND FILING COMPLAINTS
11.1 In case of any problems, questions, comments, suggestions and complaints, the customer can contact the seller by sending an e-mail to the seller's e-mail address: firstname.lastname@example.org or by phone No.: 00421 (0) 908 578 708
12.1 The Seller is the authorized operator of the website. In accordance with the relevant legislation in the field of protection of intellectual property rights, in particular Act No. 185/2015 Zb. Copyright Act, as amended (hereinafter referred to as the "Copyright Act"), the Seller is entitled to exercise all intellectual property rights relating to the Website, including its content, visualization, design, all images and all databases making up its content.
12.2 The photographs of the goods depicted on the website are purely illustrative, serve solely for the presentation of the goods of the Seller and may differ slightly from the goods actually delivered. Photographs, including a description of the goods being sold, are supplied to the Seller by its manufacturers or suppliers, or directly by the Seller. All information on the website, including trademarks, photographs, descriptions and applications, is protected by copyright law. Any unauthorized use to any extent constitutes a violation of copyright law.
12.3. Customer or any other person is obliged to use the website in accordance with the purpose for which it serves, with the provisions of the GTC, with good morals as well as generally binding legal regulations valid in the territory of the Slovak Republic and at the same time is obliged to refrain from activities that may interfere with the proper technical functioning of the website. It is forbidden to:
1. damage the reputation of the Seller and/or third parties;
2. interfere in any way with the operation of the website;
3. prohibit or restrict other customers from using the Website in any way;
4. interfere in any way with the content of the security structure or the technical nature of the website;
5. use the website to send spam;
6. post viruses and/or any other dangerous or harmful programmes to the website;
7. generate false reports to falsify customer’s identity;
8. carry out any activity to enter into the accounts of other Customers.
12.4 The Seller reserves the right to temporarily restrict Customer's access to the Website for the purpose of updating and / or maintaining the Website, without prior notice to the Customer. The Seller shall not be liable for damage caused in connection with the temporary malfunction of the website and / or unauthorized interference of third parties into the website.
12.5 Upon visiting the website, cookies (hereinafter referred to as "cookies") are downloaded to the Customer's computer, mobile and/or other electronic device. The cookies are then sent back to the original page or to the page that recognizes the cookie each time you visit the website. Cookies allow you to use some of the basic features of the website, so the seller recommends that customers keep them active. If the cookie is blocked or otherwise refused, the functionality of the website will be reduced; you will not be able to add items to the shopping cart, continue to pay for the informative price of the goods, or use the Seller's services that require customer login. If cookies are left active, the Customer must not forget to log out of the account when using a shared computer.
- PERSONAL DATA PROTECTION
13.1 For the purposes of existing pre-contractual relations with the Customer as well as for the fulfilment of rights and obligations arising from the concluded purchase agreement between the Customer and the Seller, the seller processes the personal data of customers - natural persons (hereinafter referred to as "the person concerned") including: name and surname, address of the place of delivery (permanent address and/or other address provided by the Customer as the place of delivery of the goods), IBAN, telephone number and e-mail address (hereinafter referred to as "personal data"). The Seller shall process the personal data of the data subject in the E-shop information system.
13.2 The Seller processes the personal data of the data subject according to the previous point 13.1 of the GTC directly on the basis of the statutory provision of § 10 par. 3. b) of Act no. 122/2013 Z.z. on the protection of personal data and amending certain laws, pursuant to which, if processing of personal data is necessary for the performance of a contract in which the data subject acts as one of the contracting parties or in pre-contractual relations with the data subject, or any modification of the contract made at the request of the data subject shall not require the data subject's consent to the processing of his personal data.
13.3 The person concerned may, at the discretion of the Seller, in the process of creating a shopping cart (order), grant the Seller in accordance with § 11 par. 1 of Act no. 122/2013 Z.z. consent to the processing and storage of ordering data (including: Customer's name and surname, place (s) of delivery of the goods (including postal code and, if applicable, floor number of the apartment house designated as the place of delivery), Customer's email address and phone number), as personal information provided when creating orders (shopping carts) for the purpose of Seller’s direct marketing (“Consent”). Based on the granted consent, the Seller is entitled to send to the Customer marketing offers of goods and services, newsletter, information on products and news, other marketing information related to the subject of business of the Seller, as well as conduct marketing surveys. The Seller is authorized to process and store personal data for the purpose of producing internal statistics of the Seller in order to obtain information about Customers' preferences in the selection of goods. The seller will process the personal data provided in the information system of the E-shop.
3.4 Consent to the processing of personal data for marketing purposes of the Seller is granted by the person concerned voluntarily, for a period of 5 years from the date of his registration in the system of the Seller. The consent may be withdrawn by the person concerned at any time by delivering a written withdrawal of consent to the Seller's e-mail address: email@example.com or by delivering a written withdrawal of consent to the Seller's correspondence address: Trnavské Športové Centrum, s.r.o.., Starohájska 9/C, 917 01 Trnava. The withdrawal of consent is effective at the moment of its delivery to the Seller.
13.5 The Seller shall treat and handle the provided personal data in accordance with the applicable legal regulations of the Slovak Republic and international standards for the protection of personal data. The Seller declares that personal data will be processed in accordance with good morals and will act in a manner that does not contravene the Act no. 122/2013 Z.z., nor any other generally binding legal regulation in force, nor will it circumvent them. The Seller further declares that the consent of the person concerned will not be enforced or conditioned by the threat of rejection of the contractual relationship, service, goods or obligation imposed on the Seller.
13.6 Pursuant to Section 16 of Act no. 122/2013 Z.z. the data subject is obliged to give the Seller only true personal data, otherwise he/she is responsible for the incorrectness of personal data provided in this way.
13.7 The Seller acquires and processes the personal data of the data subject through authorized persons who are in an employment relationship with the Seller (hereinafter referred to as the "Authorized Persons") and who were instructed pursuant to Section 21 of Act No. 122/2013 Z.z. on the rights and obligations established by this Act and liability for their violation. Notification of the identity of the authorized persons who collect and process the personal data of the data subject on behalf of the Seller, as well as any other information on the conditions of processing personal data, may be obtained from the Seller upon written request sent to the Seller at its registered office.
13.8 The Seller shall inform the data subject that the transfer of his/her personal data to third countries is not envisaged. The Seller further informs the data subject that he will not disclose his/her personal data without the data subject's prior consent.
13.9 The data subject has the right, upon written request, to require the Seller to:
1. confirm whether or not its personal data are processed;
2. inform on the processing of personal data in the information system of the Seller in a generally understandable form to the extent pursuant to the provisions of § 15 para. 1, par. a) to e) second to sixth point of the Act no. 122/2013 Z.z. when issuing a decision under § 28 par. 5 of Act no. 122/2013 Z.z. the data subject is entitled to acquaint himself with the procedure for processing and evaluating operations;
3. accurate information about the source from which the Seller has obtained his personal data for processing in a generally comprehensible form;
4. a list of its personal data which are subject to processing in a generally understandable form;
5. correction or destruction of their incorrect, incomplete or outdated personal data subject to processing;
6. the eradication of its personal data whose processing has ended;
7. the eradication of its personal data which are subject to processing if the law has been violated;
8. blocking of his/her personal data due to the withdrawal of consent before the expiry of its validity period, if the Seller processes the personal data with the consent of the data subject.
13.10 The person concerned has the right to object to the Seller against:
1. the processing of his/her personal data which he/she considers to be or will be processed for the purposes of direct marketing without his/her consent and to request their eradication;
2. the use of personal data to the extent of the title, forename, surname and address of the data subject for the purposes of direct mail marketing; or
3. providing the title, name, surname and address of the person concerned for direct marketing purposes.
13.11 The person concerned has the right to object to the processing of personal data at any time in the cases defined in § 10 par. 3. a), e), f) or g) of Act No. 122/2013 Z.z. by giving legitimate reasons or by presenting evidence of unlawful interference with its rights and interests protected by law, which are or may be harmed by such processing of personal data in a particular case. Unless this is prevented by law and it is established that the objection of the data subject is justified, the Seller is obliged to block and dispose of the personal data the processing of which the data subject objected without undue delay as soon as circumstances permit.
13.12 The person concerned has the right to object to the Seller at any time upon written request or in person, if the matter cannot be postponed, and not to submit to Seller's decision which would have legal effects or significant impact on him/her. The data subject has the right to ask the Seller to review the issued decision by a method different from the automated form of processing, the Seller is obliged to comply with the request of the person concerned, so that the decisive role in reviewing the decision will be the authorized person. The Seller shall inform the person concerned about the method of examination and the result of the finding within 30 days from the date of receipt of the request.
13.13 If the data subject suspects that his/her personal data are being processed illegally, he/she may file a petition to the Office for Personal Data Protection to initiate proceedings on the protection of personal data.
13.14.The Seller shall handle the request of the person concerned under par. a) to c), e) to h) and para. 3 to 5 of Act no. 122/2013 Z.z. free of charge. The request of the data subject under § 28 par. 1, par. d) of Act no. 122/2013 Z.z. shall be provided by the Seller free of charge, except for payment of an amount which cannot exceed the amount of expediently incurred material costs connected with the production of copies, the purchase of technical media and the sending of information to the person concerned, unless a special law provides otherwise. The Seller shall be obliged to process the requests of the data subject defined in this point of the GTC in writing no later than 30 days from the date of their delivery.
13.15 All rights of the data subject in relation to the protection of his/her personal data are defined in more detail in § 28 of Act no. 122/2013 Z.z.
- FINAL PROVISIONS
14.1 These GTC are an integral part of any purchase contract concluded between the Seller and the Buyer. If the Seller and the Buyer conclude a written purchase agreement in which they agree on conditions different from these GTC, the provisions of the written purchase contract shall take precedence over the provisions of these GTC.
14.2 The Seller reserves the right to change or amend these GTC at any time. Amendments to the GTC come into effect on the day of their publication on the Seller's website. On the day of publication of the new GTC, the previous GTC lose their effectiveness. However, amendments to the GTC shall not in any way violate or limit the rights of the Customer (Buyer) arising from the shopping carts (orders) confirmed by the Seller prior to the entry into force of the new GTC.
14.3 In addition to these GTC, mutual relations between the Seller and the Buyer shall be governed by the relevant generally binding legal regulations of the Slovak Republic, in particular the provisions of the Civil Code, the Commercial Code, Act no. 102/2014 Z.z., Act no. 250/2007 Z.z, Act no. 22/2004 Z.z, Act no. 391/2015 Z.z., Copyright Act and Act no. 122/2013 Z.z.
14.4 Should any provision of these GTC be declared invalid, this shall not affect the validity and effectiveness of other provisions of these GTC.
14.5 These GTC come into effect on 1 April 2018
Trnavské športové Centrum, s.r.o.
Starohájska 9/C, Trnava 917 01
Business ID: 36 768 057
Managers: Gerard Joseph De Mott, PhD.
Ing. Romana Machova, PhD.