Business conditions

BUSINESS TERMS

1. GENERAL PROVISIONS
2. These general terms and conditions govern the rights and obligations of the contracting parties resulting from the purchase contract concluded between:
3. Basic data
   To the seller: VYSNIVANE COPIKY s. r. o., Muskatova 702/2B, Vinosady, 902 01

ID: 53 165 446 Tax ID: 2121285936 VAT ID SK: 2121285936
entered in the Commercial Register of the Bratislava I District Court

Account number, Slovak Savings Bank: IBAN: SK79 0900 0000 0051 7401 0009

Contact information:
tel: +421 911 686 075
mail: info@vysnivanecopiky.sk

(hereinafter referred to as "seller")
a
the buyer, the subject of which is the purchase and sale of goods on the seller's e-commerce website.

Supervisory authority:
SOI Inspectorate for the Bratislava region
Bajkalska 21/A, PO BOX no. 5, 820 07 Bratislava
Department of Supervision
ba@soi.sk
phone number 02/58 27 21 72, 02/58 27 21 04
fax no. 02/58 27 21 70

Address for claims, withdrawal from the contract, suggestions and complaints:

VYSNIVANE COPIKY s.r.o., Surska 136/A, Modra, 900 01, ID 53 165 446 e-mail: info@vysnivanecopiky.sk

2. SUBJECT OF THE CONTRACT

The subject of the contract are only the items of goods and services (products) explicitly mentioned in the purchase contract - order. The quantity, properties, prices, and other data contained on the seller's website are binding data.

The seller undertakes to supply the buyers with:

– a product without defects in accordance with the specification or with the characteristics usual for the given species,
– a product that complies with the standards, regulations and regulations valid in the territory of the Slovak Republic.

The contracting parties have agreed that by sending the order to the seller, the buyer confirms that he agrees that these general terms and conditions and their terms and conditions will be

apply to all purchase contracts concluded on the e-commerce website operated by the seller, on the basis of which the seller delivers the product presented on the website in question to the buyer (hereinafter referred to as the "purchase contract") and to all relationships between the seller and the buyer, arising in particular during the conclusion purchase contract and product complaint.

3. ORDER CANCELLATION Order cancellation by the buyer:

The buyer has the right to cancel the order without giving a reason at any time before its binding confirmation, and the buyer has the right to withdraw from the contract, the subject of which is the delivery of the product, even before the start of the withdrawal period.

If the seller timely and properly provided the consumer with information about the right to withdraw from the contract according to § 3 par. 1 letter h), the consumer is entitled to withdraw from the contract concluded at a distance or from the contract concluded outside the seller's premises within 14 days from the day of taking over the product, even without giving a reason.

The seller will exercise the right to compensation for damage mainly in the case of the purchase of a product "to order", which had to be procured at the request of the buyer or in the event that demonstrable costs have already been incurred in connection with securing the product. The cancellation fee can be up to the purchase cost of the product.

Order cancellation by the seller:
The seller reserves the right to cancel the order or part of it in the following cases:

– the order could not be confirmed bindingly (incorrect phone number, unavailable buyer, buyer does not respond to e-mails, etc.).

The general terms and conditions are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written sales contract in which they agree on conditions deviating from the general business conditions, the provisions of the sales contract will take precedence over the general business conditions.

4. METHOD OF CONCLUSION OF THE PURCHASE CONTRACT
   1. The purchase contract is concluded by binding acceptance of the proposal for the conclusion of the purchase contract

the buyer by the seller in the form of an e‐mail message from the buyer sent to the seller or in the form of a form filled and sent by the buyer on the seller's website or in the form of a telephone order from the buyer to the seller (hereinafter referred to as "order").

2. Binding acceptance of the buyer's order by the seller is a telephone or email confirmation or a confirmation via a private message by the seller to the buyer about the acceptance of the order after the previous acceptance of the order by the buyer, marked as "order confirmation".
3. The binding acceptance of the order contains data on the name and specification of the product, the sale of which is the subject of the purchase contract, further data on the price of the product and/or other services, the name and data on the place where and how the product is to be delivered and data on the price, conditions , method and date of delivery of the product, or other data.
4. RIGHTS AND OBLIGATIONS OF THE SELLER 
5. The seller is obliged to:
6. deliver, based on the order confirmed by the seller to the buyer, the product in the agreed quantity, quality and date,
7. to ensure that the delivered product fulfills the obligations established in the valid legislation of the Slovak Republic,
8. hand over to the buyer, together with the product in written or electronic form at the latest, all the documents necessary for taking over and using the product and other documents prescribed by valid legal regulations (data on the product's properties, instructions for assembly, operation, use, maintenance, safety warnings in the Slovak language, form for withdrawal from the contract, warranty certificate/if requested by the consumer, or if the seller provides a longer warranty period than the legal warranty period/proof of purchase of the product).
9. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered product.
10. RIGHTS AND OBLIGATIONS OF THE BUYER
11. The consumer is entitled to withdraw from the contract in writing within fourteen days without giving a reason (Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises ) from the date of taking over the product or concluding a service contract. By withdrawing the consumer from the contract, the contract is canceled from the beginning.
12. Consumer:
    a. will take over the purchased or ordered product,
    b. pays the seller the agreed purchase price within the agreed due date, including the costs of product delivery,
    c. confirms receipt of the product by e-mail, with his signature, or with the signature of a person authorized by him.
13. The consumer has the right to deliver the product in the quantity, quality, date, in the manner and place agreed by the contracting parties in the binding acceptance of the order.
14. DELIVERY TERMS
15. Product delivery methods:
    Goods can be delivered in the following way:

• - courier delivery - home delivery
• - picking up the goods at the selected collection point Packety (previously known as Zásielkovňa)
• - delivery by Slovak Post
• - personal collection by agreement at the premises in Modra, Šúrska 136/A, 900 01 Modra

Slovak POST OFFICE from a weight of 0 kg to a weight of 0.5 kg, the price is €4.99
from weight	0,5 kg	to weight	1 kg		5,99 €
from weight	1 kg	to weight	2 kg		6,99 €
from weight	2 kg	to weight	5 kg		7,99 €
from weight	5 kg	to weight	10 kg		8,99 €
from weight	10 kg	to weight	15 kg		13,99 €
Surcharge for cash on delivery Slovakia by post					2,00 €
By courier, the total value of the order from €0 to €99					5,99 €
By courier, the total value of order from 99 €					6,99 €

 

Packeta					3,49 €
Surcharge for cash on delivery via Packet drop-off point or payment to the courier					1,49 €
Packet, for orders over €59 and payment in advance					0,00 €

2. The price of delivery of the goods is valid within the territory of the Slovak Republic. When sending goods abroad, transport costs are calculated individually based on the contract on the price of transport outside the territory of the Slovak Republic.

The buyer is obliged to pay the seller the purchase price of the product agreed in the purchase contract at the time of concluding the purchase contract, including the costs of delivery of the goods (hereinafter referred to as the "purchase price") according to Act No. 18/1996 Coll. as amended in the form:

• - in cash, directly to the courier, delivery person,
  
  
• - by non-cash transfer to the seller's account,
  
  
• - in person in cash, by credit card,
  
  
• - online card payment,
  
  
• -  Google Pay, Apple Pay,
  
  
• - Paypal.

 

3. If the buyer pays the seller the purchase price by cashless transfer, the date of payment is considered the day when the entire purchase price was credited to the seller's account IBAN: SK79 0900 0000 0051 7401 0009, VS: order number.
4. The buyer is obliged to pay the seller the purchase price for the agreed product within the period according to the purchase contract, but at the latest when taking over the product.
5. In the event that the buyer pays the seller the purchase price for the product agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand the return of the purchase price only in accordance with the applicable laws of the Slovak Republic.
6. In the event that the buyer does not pay the seller the full purchase price when taking over the product, the parties have agreed that the seller is entitled to withdraw from the purchase contract and demand compensation from the buyer for the costs incurred for ordering and delivering the unpaid product.
7. The prices of the products listed on the seller's website are valid at the moment the consumer's order is sent.
8. The purchase price will be considered paid by crediting the entire purchase price to the seller's account, in the case of payment by transfer to the seller's account, or by paying cash to the courier.
9. The seller reserves ownership of the product until full payment of the purchase price.
10. The purchase document issued on the basis of the purchase contract between the seller and the buyer is also a tax document.
11. Acceptance of the product by the buyer is basically only possible after full payment, unless otherwise agreed.
12. The price of product transportation is added to the price of the product, as stated above in point 7.2.
13. The product is sold according to the buyer's requirements and the displayed samples, catalogs, type sheets, sample books of the seller, located on the website of the seller's electronic store.
14. Unless the seller and the consumer agree otherwise, the seller is obliged to fulfill the consumer's order within 30 days of its delivery.
15. The buyer takes over the product by the means indicated in the acceptance of the buyer's order by the seller.
16. Data on product properties, quantity and other data contained in the website of the seller's electronic store are binding data.
17. The place of delivery of the product is the place indicated in the acceptance of the order by the seller, unless the contracting parties agree otherwise in the purchase contract.
18. The seller will deliver the product to the buyer at the address specified in the purchase contract by the buyer. The product is considered delivered when the product is delivered to the address specified in the binding acceptance of the order.
19. In the event that the seller delivers the product to the buyer to the place specified by the buyer in the purchase contract, the buyer takes delivery of the goods in person or ensures that the goods are taken over by a person whom he authorizes in case of his absence to take over the goods specified in the purchase contract and signs the delivery and handover protocol goods. The third party authorized to take over the goods specified in the purchase contract is obliged to submit to the seller the original or a copy of the purchase contract and the proof of payment for the goods and a written power of attorney. If it is necessary to repeat the delivery of the goods due to the absence of the buyer at the place specified in the purchase contract, all costs incurred will be paid by the buyer, in particular the repeated delivery of the goods to the place specified in the purchase contract. The goods are considered delivered at the moment of delivery of the goods to the address specified in the binding acceptance of the order and taken over at the moment of physical acceptance of the goods by the buyer, respectively. by his authorized representative or by refusing to accept the goods, which the carrier indicates in the protocol on the delivery and handover of the goods.
20. The costs associated with delivery are not included in the purchase price of the goods and the seller is not obliged to provide these services to the buyer.
21. If the buyer checks the product after delivery and finds that the product has any defects, he will notify the seller of this fact and file a product complaint with the seller, or withdrawal from the contract by the seller.
22. If the seller does not fulfill the contract because he cannot deliver the ordered product or provide the service, he is obliged to inform the consumer immediately and return the price paid for the product or the advance payment within 14 days, if the seller and the consumer do not agree on alternative performance. If the seller and the consumer do not agree on substitute performance, the seller is obliged to compensate all proven costs that the consumer spent on ordering the product or services. In the case of substitute performance, the seller is obliged to supply the consumer with a product or provide a service of the same quality and price.
23. ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK OF DAMAGE TO THE GOODS

The buyer acquires ownership of the product only upon full payment of the entire purchase price for the product.

9. COPYRIGHT

Copyright is governed by the Copyright Act no. 185/2015 Coll. as amended.

10. WITHDRAWAL FROM THE PURCHASE AGREEMENT
11. The buyer is entitled to withdraw from the purchase contract within 14 days of receiving the product without giving a reason in accordance with section § 7 par. 1 of Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments to certain laws. The seller is obliged to take over the product and return the price paid for the product, including the costs incurred by the consumer in connection with ordering the goods or service, to the consumer no later than 14 days from the date of delivery of the withdrawal from the contract. The cost of returning the product is borne by the consumer.

The consumer cannot withdraw from the contract, the subject of which is:
a) the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service took place,
b) the sale of goods or the provision of a service, the price of which depends on the movement of prices on the financial market, which the seller cannot influence and which may occur during the period for withdrawing from the contract,
c) sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
d) sale of goods that are subject to rapid deterioration or deterioration,
e) sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
f) sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
g) sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days later, and their price depends on the movement of prices on the market, which the seller cannot influence,
h) performing urgent repairs or maintenance that the consumer has expressly requested from the seller; this does not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order these services or goods in advance,
i) sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging,
j) sale of periodicals, with the exception of sales based on a subscription agreement and sale of books not supplied in protective packaging,
k) provision of accommodation services for a purpose other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed deadline,
l) provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.

2. The buyer shall withdraw from the contract in writing. Before withdrawing from the purchase contract according to the preceding point of these general terms and conditions, the buyer must state the buyer's identification, the order number and date, the exact product specification, the way in which the seller should return the payment already received, especially the account number and/or postal address.

The consumer is obliged to send the goods back or hand them over to the seller or a person authorized by the seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This does not apply if the seller proposes to pick up the goods personally or through a person authorized by him. The deadline according to the first sentence is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline.

3. In the event of a valid withdrawal from the contract, the seller will return to the buyer the purchase price, including the costs incurred by the buyer in connection with the ordering and delivery of the product, if the buyer, together with the product, submits to the seller written documents on the costs incurred by the buyer in connection with ordering the product.
4. The costs incurred by the buyer in connection with ordering the product are considered to be the costs of making the order, in particular the price for making a telephone call, with which the buyer made a proposal to conclude a purchase contract, or the price for connecting the buyer to the seller's website, during which the buyer filled and sent a form for ordering goods on the website, or wrote and sent an email with an order for goods.
5. CONFIDENTIALITY

The buyer is obliged to maintain the confidentiality of all information that is made available to him in connection with deliveries from the seller and that he can clearly consider, considering the circumstances, to be a business or company secret and that should be kept confidential, with the exception of information that is known from public resources.

12. FINAL PROVISIONS

1. The seller reserves the right to change these general terms and conditions. The obligation to notify in writing of changes in these general terms and conditions is fulfilled by placing them on the website of the seller's electronic store.
2.  If the purchase contract is concluded in written form, any change to it must be in written form.
3. The contracting parties have agreed that communication between them will be carried out in the form of e‐mail messages.
4. The relevant provisions of the following laws and regulations apply to relations not regulated by these general terms and conditions: Law no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments to certain laws. Law no. 22/2004 Coll. on electronic commerce and on amendments to Act no. 128/2002 Coll. (as amended), Act No. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses (as amended), Act no. 40/1964 Coll. Civil Code (as amended). These general terms and conditions become effective against the buyer upon conclusion of the purchase contract.
5. If the consumer withdraws from the contract, he will bear the costs of returning the product to the seller according to § 10 par. 3, of the Act and, if he withdraws from the contract concluded at a distance, also the costs of returning the product, which, due to its nature, cannot be returned by mail.
6. The buyer is obliged to pay the seller the price for the actually provided performance according to § 10 par. 5, of the Act, if the consumer withdraws from the service contract after having given the seller express consent according to § 4 par. 6 of the Act.
7. The seller complies with the code of conduct.
8. The Seller is entitled to send in the form of an e-mail a commercial notice containing information about new products in the offer of Goods, but also about other services of the Seller or about the services of third parties. The Seller is authorized to send this commercial information to the e-mail address of the Buyer, who expresses his agreement with this by concluding the Purchase Agreement. The buyer is entitled to stop sending commercial announcements at any time, free of charge and without any penalties.
   
   
9. Duration of the contract - during the validity of the warranty period, the conditions for terminating the contract are listed above.
   
   
10. Possible solutions to the arising dispute can also be resolved out of court through mutual agreement.
    
    
11. Ownership of the subject of the contract is transferred to the buyer only after payment of all payments specified in the contract.
    
    
12. The seller has the right to compensation for damages (according to § 420 et seq. of the Civil Code), in the event that the buyer ordered a product that he did not cancel or did not withdraw from the contract and at the same time did not take over this product from the carrier, or after the seller's request, in the case of choosing personal collection, did not take over the goods within the specified period for collection. By this action, the buyer violated his obligation, according to which the buyer is obliged to take over the ordered goods.
    
    
13. When determining the amount of compensation for damages, according to the above-mentioned point, the seller takes into account primarily transport costs and associated fees in the case of sending the product, costs associated with packaging, shipping and administration of the order, as well as all other costs incurred by him with the implementation of the order in question and at the same time has the right to charge the lost profit.
    
    
14. The seller has the right not to exercise the right to compensation for damages or to exercise this right only in part.
    
    

INSTRUCTION ON EXERCISE OF THE CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT

1. Right to withdraw from the contract.
   You have the right to withdraw from this contract without giving a reason within 14 days.
   The period for withdrawing from the contract expires after 14 days from the day of receiving the product.
   When exercising the right to withdraw from the contract, inform us of your decision to withdraw from this contract by a clear statement (for example, by letter sent by post, fax or e-mail) to the address: info@vysnivanecopiky.sk

For this purpose, you can use the sample form for withdrawing from the contract, which can be found at: VYSNIVANE COPIKY p. r. o., Šúrska 136/A Modra, 900 01, IČO 53 165 446, or on the website: https://www.vysnivanecopiky.sk/user/documents/upload/Otstúpenie%20od%20zmluvy%20vysnivanecopiky%20PDF%20na%20stiahnutie .pdf
The withdrawal period is preserved if you send a notice of exercise of the right to withdraw from the contract before the withdrawal period expires.

2. Consequences of withdrawal from the contract.
   After withdrawing from the contract, we will return all payments you made in connection with the conclusion of the contract, especially the purchase price, including the costs of delivering the goods to you.
   Payments will be returned to you without undue delay, at the latest within 14 days from the day we receive your notice of withdrawal from this contract. Their payment will be made in the same way that you used for your payment, if you did not expressly agree to another payment method, without charging any additional fees.
   3. If you are interested, you can fill out and send a sample form for withdrawing from the contract or any other clear declaration of withdrawal from the contract electronically via our website: https://www.vysnivanecopiky.sk/user/documents/upload/Odstúpenie% 20from%20zmluvy%20nysnivanecopicy%20PDF%20na%20stiahnutie.pdf If you use this option, we will immediately confirm the acceptance of withdrawal from the contract on a durable medium (for example by e-mail).
3. The period is considered to be preserved if you send the product back before the 14-day period has expired. You are only responsible for any reduction in the value of the goods as a result of handling them in a manner other than what is necessary to determine the nature, properties and functionality of the product.
   5. The information provided in this instruction forms an integral part of the contract concluded at a distance or the contract concluded outside the seller's premises and can only be changed with the express consent of both contracting parties.
4. By sending the order and pressing the "order with obligation to pay" button, the buyer expressly confirms that he was aware that part of the order is the obligation to pay the price.
5. The seller immediately after the conclusion of the contract concluded at a distance, at the latest together with the delivery of the product, provides the consumer with a confirmation of the conclusion of the contract on a durable medium.

The confirmation includes:
- all information listed in § 3 par. 1 of the Act if the seller did not provide this information to the consumer on a durable medium before the conclusion of the distance contract.
8. The buyer may withdraw from the contract, the subject of which is the delivery of the product, even before the expiry of the withdrawal period.
9. The buyer can exercise the right to withdraw from the contract according to § 7 par. 1 of the Act with the seller in documentary form or in the form of a record on another durable medium; if the contract was concluded orally, any clearly worded statement by the consumer expressing his will to withdraw from the contract is sufficient to exercise the consumer's right to withdraw from the contract.
The consumer can use the contract withdrawal form provided by the seller.
10. The deadline for withdrawal from the contract is considered to have been preserved if the notice of withdrawal from the contract was sent to the seller no later than the last day of the deadline according to § 7 par. 1 of the Act.
11. The buyer bears the burden of proof for exercising the right to withdraw from the contract.

Obligations of the seller upon withdrawal from the contract

1. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the buyer all payments received from him on the basis of the contract or in connection with it; this does not affect the provisions of § 8 par. 5. law.
   2. The seller is obliged to return the payments to the buyer according to paragraph 1 in the same way that the consumer used for his payment. This does not affect the buyer's right to agree with the seller on another payment method, if no additional fees are charged to the buyer in connection with this.
2. The seller is not obliged to reimburse the buyer for additional costs if the buyer has explicitly chosen a different delivery method than the cheapest common delivery method offered by the seller. Additional costs mean the difference between the delivery costs chosen by the buyer and the costs of the cheapest common delivery method offered by the seller.
3. In case of withdrawal from the contract, the subject of which is the sale of the product, the seller is not obliged to return the payments to the buyer according to paragraph 1 before the product is delivered to him or until the consumer proves that the product has been sent back to the seller, unless the seller suggests that he collects the product in person or through a person authorized by him.

Obligations and rights of the consumer when withdrawing from the contract

1. The consumer is obliged to send the goods back or hand them over to the seller or a person authorized by the seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This does not apply if the seller proposes to pick up the goods personally or through a person authorized by him. The deadline according to the first sentence is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline.
2. When withdrawing from the contract, the buyer bears only the costs of returning the product to the seller or to a person authorized by the seller to take over the product. This does not apply if the seller has agreed to bear them himself, or if he has not fulfilled the obligation according to § 3 par. 1 letter i) of the Act.
3. The buyer is only responsible for the reduction in the value of the product, which occurred as a result of such handling of the product, which is beyond the scope of the handling necessary to determine the properties and functionality of the product. The buyer is not responsible for a decrease in the value of the product if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract according to § 3 par. 1 letter h) of the Act.

In Modra, on 17.10.2023