business conditions

 
 
 
 

General terms and conditions for online stores gugenio.com

General terms and conditions

e-shop: www.gugenio.com    

RAK spol. s r.o, Commercial Register District Court Trenčín, vl. no. 1661 / R, Kpt. Jaroše 24, 957 01 Bánovce nad Bebravou, Slovak Republic, ID: 31437923, Tax ID: 2020416739, VAT: SK2020416739, managing director Ing. Vojtech Racko, Ing. Alexandra Rackova

                                    Article I - General Provisions

  1. These Terms and Conditions shall apply to the contractual relationships that arise between the seller and the buyer purchase contract and form part of any sales contract concluded between the parties.

The buyer is any natural or legal person (natural or legal) who completed and sent the order via the website of the seller, grievance received an email notification of the order and paid the purchase price. The buyer is also any person who placed an order by phone or email by sending an email and confirm acceptance of the bid and the seller Terms. Completed order form and confirmation of familiarity with these Terms and Conditions (the "Order"), buyers from access to the following general business conditions of the seller, which form an integral part of every purchase contract and are still available on the website of the seller. The seller is at the same time: the operator of e-commerce system operated via the seller's website ( "the transaction"). information system operator pursuant to the provisions of Act 136/2014 Coll on the protection of personal data and amending certain laws. To contractual relations (as well as other legal relationships that can arise from a contractual relationship) natural persons who, in concluding the purchase agreement pursuant to these Terms and Conditions are not acting within the scope of his business, apply in addition to the general provisions of Law no. 40/1964 Coll. Civil Code, as amended, and special regulations, especially Act no. 102/2014 Coll. Consumer Protection in the sale of goods or services on the basis of the distance contract or contracts negotiated away from business premises and the seller Act. 250/2007 on consumer protection. To contractual relations (as well as other legal relationships that can arise from a contractual relationship) with legal entities, respectively. natural persons - entrepreneurs, the provisions of Law no. 513/1991 Coll. Commercial Code, as amended. Order means the buyer completing and submitting the order form "Order" processed trade system vendor. If the buyer does not exercise the option of ordering the order form for the purposes of the preceding sentence, an order shall be regarded by telephone order, or an order sent by email or post to the address of the seller. Order contains customer information and product ordered. Based on the order, the customer automatically generates an invoice for the purchase price. If the buyer does not exercise the option of ordering the order form but powerful order by phone or by sending an email, or by post to the address of the seller, the seller sends the buyer a quote by email. Product means all commercial Artikel offered for sale through the website of the seller.    

Article II - the product order - purchase contract

Electronic order of products effected in the form of a completed order form "Order" and the reimbursement of the purchase price under the invoice is generated by a proposal to conclude a purchase contract by the buyer. The purchase price shall be considered paid on the day of crediting funds to the account of the seller. The acceptance of the product order by the seller, and therefore the purchase contract shall be made upon written confirmation by electronic means, receipt of orders, while at the same time the seller informs the buyer that the product will be sent to the address indicated by the buyer within the meaning of the completed order. Draft purchase contract is understood the quotation drawn up by the seller by telephone and mail-order buyer. The purchase contract takes place in this case, a written confirmation in electronic form, bid the buyer. For orders via the order form "Order", the buyer is obliged, in the order chosen route, choose the form of payment of the purchase price and then pay the purchase price, otherwise there will be no purchase contract. For phone orders or e-mail within the meaning of Article II, paragraph. 3, the buyer must pay the price on the invoice issued and delivered by the seller to the buyer (and electronically). Has been credited to the account of the seller, the seller informs the buyer that the product will be sent to the address indicated by the buyer. The purchase contract is concluded for a definite period and expires meet the obligations of the seller and the buyer. 

Article III - The purchase price and payment terms

Price products ordered via e-commerce (the "purchase price") is always generated specifically for each individual customer by filling out an order on the website of the seller. For orders under Article II paragraph. 5, the Purchaser will send a quote electronically. The seller does not guarantee the validity in time of the purchase prices for the same order in any time period. For the avoidance of any doubt, the purchase price generated for a particular order after the payment on the due date has changed. Price is subject to change because of an obvious printing or other errors relating to the price of the goods found in the system vendor or published on the relevant e-commerce in goods. Buyer and Seller shall be entitled to cancel the order, respectively. withdraw from the contract (until the moment of receipt of goods) if the buyer notified changes to the purchase price of an item as a result of manifest printing or other errors relating to the price of goods. Method of payment of the purchase price and overall costs relating to the actual ordering and delivery of goods (payment method chosen by the purchaser in the process of ordering goods on the website shopping portal) is listed on the order form with the overall costed. When paying a variable symbol please state the order number of the buyer. Buyers incorrectly said variable symbol for payment results in the incorrect settlement of the purchase price and the buyer bears all risks associated with it and the buyer is in arrears with the fulfillment of the obligation to pay. The purchase price does not include the cost of transportation products, or other costs associated with product delivery. Payment due: when you select the method of payment of the purchase price, the buyer shall pay the purchase price within 3 working days from the date of contract award and before the actual delivery. The buyer is also entitled to paid at issue and sending the order to the Seller with the fact that the payment is perceived as an advance on the purchase price, and other quantified costs, but the buyer is advised to pay to the acceptance of the order by the seller (conclusion of contract) at a cash consideration at delivery of goods by mail order, the buyer shall pay the purchase price and other fees calculated (eg. charge a low price orders, transportation fee, the fee for mail order and i.), ie the total cost denominated latest on delivery of the goods to the buyer. Price on delivery: price on delivery is not included in the purchase price of the goods and will be calculated in the order form and in the generated invoice or quotation sent by email and the buyer agree to pay it along with the purchase price. However, the seller is entitled to unilaterally and at its discretion, to determine the internal value (height) of the total order when the buyer is no longer applicable price for delivery. The fact paid or unpaid prices for mail-order buyers will be displayed in the order on the website of the online store and for each separately create an order, the value (height) of the total order may vary. The seller is entitled to unilaterally without placing such changes in general business conditions change or modify the value of the order (contractual information), in which the buyer does not pay the price for delivery. Closed on the purchase agreement, this change has no effect. Other fees amount of the purchase price including all additional charges (eg. Related to the form of payment and form of delivery of goods) are listed in the order form and before the actual execution of the order. The seller is not entitled to any order individually assessed and unilaterally at its discretion internally to determine the order in which the purchaser, in addition to the purchase price for the goods, pays any additional costs in connection with method of payment, purchase order and the actual delivery, ie without placing changes these General terms and conditions by the seller. Closed on the purchase agreement, this change has no effect. The basic tender the euro currency. Character: €. Charges banks for conducting the payment of the purchase price and transport costs the buyer in a contract between the buyer and the buyer's bank. Seller is not responsible for the amount of such or similar charges related thereto. Costs for the use of electronic means of communication to the agreement between the buyer and his ISP, or the provider of electronic communications. Seller is not responsible for the amount of such or similar charges related thereto.

                                                    Article IV-delivery of goods

The seller must deliver the products to the buyer in the ordered quantity and quality, and if the buyer within the meaning of Article I, paragraph. 5 and together with the written counterpart of these Terms and Conditions, if they have not delivered sooner with tax documents relating to the product and other documents, if any, and are typical of the product. In the event that a written copy of these Terms and Conditions was not the purchaser within the meaning of Article I, paragraph. 5 supplied with the product, the buyer is obliged to notify this fact to the Seller not later than three working days after receiving the product, otherwise it is assumed that the seller's obligation to deliver a written copy of these Terms and Conditions is duly fulfilled. The seller handles all the orders received in the order in which they are delivered to him. The seller delivers the goods to the buyer within 14-21 calendar days of when it was between buyer and seller purchase contract procedure under these Terms and Conditions. The seller delivers the goods to the buyer at the address stated by him upon exposure of the order (only in the countries in the European Union) and the only person who is listed as the buyer. Delivery or release of goods to a person other than the purchaser is not possible without specific prior written consent of the seller and the seller requested documents. It is therefore essential that the buyer said correct their identification data when ordering goods and data for the delivery of goods. Delivery of goods outside the EU or any other person without right to admission of the goods is not possible. Deliverer of goods is authorized by the person acquiring appropriate means to carry out identification and verification of whether that person is a buyer or is entitled to receive the goods. If circumstances require, the seller and buyer may agree to extend the delivery deadline or the alternatives in the same quality and price. In the case of special requirements, the delivery period shall be extended by additional working days, which will be communicated to the Buyer electronically. If the seller can not deliver the ordered product to the buyer, despite the fact that there was a purchase contract, he shall immediately inform the purchaser and within 15 calendar days to return his purchase price paid for the product, if the parties agree on compensation. Refunding the purchase price of the contractual relationship between the seller and the buyer shall automatically expire. The place of delivery of the ordered product is the address given by the buyer in the order. Product delivery sellers place their own means to the attention of the buyer (or person authorized in writing by the buyer to take over the product), or via third parties (transport and courier companies). Delivery of the product is accomplished by handing it over to the buyer (or person authorized in writing by the buyer to take over the product), respectively. handing it over to the first carrier for transport. The seller informs the buyer that it reserves the right to deliver the goods (there are more than 2 pieces) and several separate supplies of that also for these separate supplies of goods, the price of transport than with acceptance of the order (ie more shipments are charged only for the price of one shipment ). Product transported must be appropriately and safely packaged. Buyer signing the shipping / delivery note in addition to confirming the delivery at the same time the fact that the packaging has not been broken and the product was delivered completely in terms of the order. When personal collection in case of visible damage to the product or detectable defects, the buyer is entitled not to take the product. By downloading, it is considered that the applicant had no detectable defects during a personal inspection of the product. In personal and mail-order delivery, the buyer is required to indicate a note of product damage in shipping / receiving document with concise description of the damage, and it immediately upon receipt in case of defects detectable at delivery, or within 10 days of receipt in the case of hidden defects . All subsequently notified defects and damage, respectively. Complaints delivered quantity and quality of the product will not be accepted by the seller. Along with the delivery of the goods to the buyer gives the seller confirmation of the contract on a durable medium. 

                                                      Article V of receipt of goods

The seller, the shipping company or delivery service is entitled WHO advised the delivery of goods to the purchaser by e-mail, SMS messages or other appropriate form (eg. Telephone). Buyer also agrees that the vendor communicates this data buyer shipping / freight forwarding company and messengers. The buyer is bound to be reachable at the address given him at the time of notification delivery. When taking the goods, the buyer shall, without being asked to prove their identity to the carrier via the valid identity documents (ID card or passport). From these documents it must reveal the identity of the purchaser and permission to take over the goods. Otherwise, the product may not be handed over by the seller / shipper. If the buyer refuses to accept the goods illegally or unlawfully does not take it repeatedly, the seller is entitled to enforce against him all the costs it has incurred in this connection. If the buyer does not accept the product, selling it to store in its business or the address of the company and in writing invite the buyer to his collection. If the purchaser fails to collect the product within 30 working days of receipt of a written request, the buyer is obliged to pay the Seller a contractual penalty in the amount corresponding to the purchase price of the product, including transport. Entitlement to additional costs to the seller resulting from breach of the obligation of the buyer to take over the product as well as the claim for damages shall not be affected. The expiration of the additional acceptance of the product, contractual purchase relationship between the seller and the buyer terminates. Risk of product damage and liability for damage to the product passes to the buyer of its acceptance, and it does not matter whether the buyer takes the product in person or through an authorized / authorized representative. In the case referred to in paragraph. 3 of this Article, the risk passes to product damage and liability to the buyer of the product at the date when the buyer is not the product at the first delivery attempt. When taking the goods the buyer must odkontrolovať package integrity and completeness of the delivery, in particular the number of transport packages (packages / shipments). In the event of any apparent defects found related to the transport of goods and the buyer shall be obliged to immediately, not later than 12 hours electronically notify the Seller. The buyer is obliged to transport document indicate all obvious damage to cargo and container fracturing. If found other tamper packaging or shipment of unauthorized opening of the consignment, the buyer must consignment from the carrier / postman incur. By signing the handover protocol buyer confirms that the shipment was received intact. If the buyer does not object to the non-delivery of goods and non-delivery of documents supplied with the goods within 24 hours of delivery, based on the confirmed delivery waybills and it is assumed that the goods were duly delivered to the buyer if the evidence proved otherwise.

                                                        Article VI - Transport

Transport costs the seller are not included in the purchase price of the product. These are enumerated in the order form and in the generated invoice or quotation sent by email and the buyer agree to pay it along with the purchase price. The seller is not entitled to unilaterally and at its discretion, determine the value of internal order when the buyer is no longer applicable price of goods transport. Actual prices paid or unpaid transported by the purchaser will be displayed in the order on the website of the online store. The seller is entitled to unilaterally without placing such changes in general business conditions change or modify the value of the order (contractual information), in which the buyer does not pay the cost of transport. Closed on the purchase agreement, this change has no effect. 

Article VII - Withdrawal from the contract buyer

Legal right to return goods without giving any reason arises only  when consumers purchase goods through:  the distance contract  (a contract between the seller and the consumer agreed and concluded exclusively by means of one or more means of distance communication without the simultaneous physical presence of the seller and the consumer, in particular the use of the web office, e-mail, phone, fax, address bar, or order catalog), and  contracts negotiated away from business premises vendor  (contract between the seller and the consumer concluded with the simultaneous physical presence of the seller and the consumer in a place which is not the business premises of the seller, the contract for which conclusion put a motion to the seller consumer at a location that is not the business premises of the seller, the contract concluded at the premises of the seller or through a means of distance communication immediately after the individual and personal invitations to consumer sellers in a place which is not the business premises of the seller or contracts made during sales events or in relation to it). The buyer may withdraw from the contract in accordance and manner provided for in the Civil Code, without giving any reason within 14 calendar days from the date when the purchaser or a third person other than the carrier takes over the product. To exercise the right of withdrawal, the buyer must notify its decision to withdraw from the contract seller unequivocal statement in writing (in the form of registered mail to the address of the seller indicated in these General Terms and Conditions or electronically at the address indicated, respectively. Using other means in keeping the written form). Form of withdrawal from a distance contract is available on the website of the seller. The period of withdrawal is maintained, if the buyer will send (sent) notice of the exercise of the right of withdrawal before the deadline for the withdrawal, ie no later than in 14 days since the withdrawal from the agreement started to run. Buyers must for exercising the right of withdrawal shall submit the original receipt of purchase, thus making it clear by whom, when, what and how much the price of purchase. If such proof is not the buyer, it can not exercise the right of withdrawal. After the contract is returned to the seller to the buyer all the payments paid by the buyer in connection with the conclusion of the contract, in particular the purchase price including the cost of delivering the goods to the buyer. It does not cover additional costs if the buyer chose a different kind of service, than the least expensive conventional method of service that the vendor provides. Thus, the buyer return postage to the amount of the cheapest form of shipping mentioned on the web site e-shop. Payments will be refunded to the purchaser without delay, within 14 days from the date of the notification of withdrawal. Their payment will be made in the same way it was paid the purchase price and related costs of the buyer if the buyer expressly disagreed with other means of payment, and without charging any additional fees. Payment for purchased goods will be paid to the buyer upon receipt of the returned goods back to the address of the seller or on submission of documentary proof of sending the goods back, whichever comes first. In case of withdrawal, the buyer is obliged to send back the goods or deliver it to the address of the seller indicated in these General Terms and Conditions within 14 days from the date of exercising the right of withdrawal. The deadline shall be deemed to be respected if the buyer send back the goods before the expiration of the 14-day period. Direct cost of returning goods shall be borne by the buyer. The buyer is responsible for any diminished value of the goods resulting from the handling him other than what is necessary to establish the nature, characteristics and functioning of the goods. For withdrawal from buyers - business entity shall apply the statutory conditions laid down in the Commercial Code. Buyers can without monetary penalty to cancel only your orders placed through the order form "Order", within 24 hours from the date of submission of the payment order for the payment of the purchase price, however, before crediting the purchase price to the seller's account and is obliged by that fact by telephone and notify the seller in writing. Seller agrees within 15 days to return the buyer the purchase price if it has been credited to the seller, unless the parties agree on compensation. If accepted, the vendor bid by sending a confirmation email, a cancellation is not possible. If the cancellation of the order after receiving the purchase price to the account of the seller, or if the buyer fails to make a notification under paragraph 3 of this article Terms, the seller is not obliged to cancel orders to accept and it is understood that the purchase contract was properly awarded. Seller accepts returned products through mail order services, products if they are the legal grounds for them to be returned by the buyer in the form of ordinary postal parcels or mail order company. Goods must be returned undamaged, with no signs of wear. The buyer has the right goods to expand and tested to determine its features and functionality. However, if the goods are damaged, broken or broken, the buyer in this case is responsible for diminished value. The buyer can cancel the contract and return your goods or services without any reason in the following cases: goods made to order or to order (goods made to the specific requirements of the consumer, custom orders or goods intended specifically for one consumer) goods liable rapid deterioration or destruction (food, sweets, cakes), goods are enclosed in a protective case that is not suitable for return due to health protection or hygiene reasons and protective coating was post-delivery infringement (underwear, sterile packaging, etc.). , unpacked CDs, DVDs, computer games (sale of audio recordings, video recordings, audio recordings, books and computer software sold in a protective case if the consumer that packaging unwrapped), newspapers, magazines and unpacked books (selling periodicals excluding sales under Agreement on subscription and sale of books not supplied in a protective case), so-called. digital download - providing electronic content other than on a tangible medium if the performance has begun with the express consent of the consumer and the consumer said that he was well informed about the expression of consent loses his right of withdrawal, the sale of goods or services covered price depends on fluctuations in the financial market that the seller can not influence and that may take place during the period for withdrawal, the sale of goods that can be given its nature after delivery inseparably mixed with other goods, transportation of goods, rental cars, provision of catering or services related to activities under the freedom of time and according to which the seller undertakes to provide these services on the agreed time or within the agreed period, carrying out urgent repairs or maintenance for which the consumer has expressly requested the vendor (this does not apply to service contracts and contracts involving the sale of goods other than replacement parts necessary to perform repairs or maintenance, if concluded during a visit by the seller to the consumer and the consumer of these services or goods previously not ordered), the provision of services if performance has begun, with the express consent of the consumer and consumer said that he was well informed about the expression of consent loses his right of withdrawal after full disclosure of service, and there is a total of service, sale of alcoholic beverages, the price has been agreed at the time of conclusion of the contract, the delivery of which is be effected after 30 days and the price depends on fluctuations in the financial market that the seller can not influence
 

Contact the seller in case of withdrawal : Address: RAK spol. s r.o Kpt. Jaroša 24, 957 01 Bánovce nad Bebravou, Slovak Republic

email: info@prezuvky.sk

tel .: +421 905 331 930

Note: 
No legal provision confers consumer is entitled to gratuitous return of goods purchased in the so-called. our store (establishment) . If that option seller (or the possibility of exchanging goods for other goods) offers to the consumer, it does so beyond their obligations. Claim for unjustified refund or exchange of goods is not legally enforceable. The seller is not obliged to notify the buyer on poor quality documents. The seller does not check the quality of materials delivered, makes no provision for such a change, but are processed automatically. It is also not responsible for the content of documents and their compliance with generally binding regulations, nor for violation of intellectual property rights of third parties. The buyer is responsible for any damage that could be caused by third parties in connection with the use of the products. If the seller finds when processing orders that came contents of the file is libelous or contrary to moral and ethical points of view of the seller, or generally binding regulations, the seller is entitled to withdraw from the contract by written notice of cancellation of the order confirmation email. The purchaser is not entitled to any compensation, except claims for the reimbursement of the purchase price. Seller warrants the products supplied in accordance with relevant legislation Slovak Republic. The warranty period starts from the date of receipt of the product by the buyer. For buyers - businesses are liable for defects in the product and the conditions of the guarantee provisions of the Commercial Code. In case of return the product with a defect, which came to light only after his acceptance, and that was not obvious and detectable during routine inspection on receipt, the buyer is entitled to a reasonable discount on the purchase price corresponding to the nature and extent of the defects or refund the purchase price. If the defect which makes the item unusable, the buyer is entitled to cancel the contract. After the agreement of the parties may be replaced by a defective product to the new product free from defects. Damaged or defective goods must be complete. The buyer is entitled to make claims regarding the product during the warranty period, immediately after the defect of a product learned sent in writing to the address of the seller indicated in these Terms and in accordance with generally binding regulations. The seller is obliged to manage the claim and the buyer in writing (by electronic mail) to notify the outcome of the complaint within 30 days of receipt / receipt of a written complaint. The procedures provided for in this Article shall apply mutatis mutandis to the filing of a complaint or complaint by the buyer.

                             Article VIII - warranty claims podmienky

The provisions of this paragraph shall not apply to a purchaser who is not a consumer purchases goods or for business purposes and not for personal use of natural persons; liability for defects in the goods in this case is governed by §422 et seq. Commercial Code. The seller handles consumer complaints in accordance with the laws of the Slovak Republic, especially Act. 250/2007 Coll, as amended, the Civil Code and applicable law. For all goods purchased under civil relations is the warranty period in accordance with the laws of the Slovak Republic normally 24 months, if the legislation does not provide for a shorter period of SR for certain goods. The warranty period starts from the date of receipt by the buyer. The seller is liable to the buyer for defects consumer goods under § 623 and 623 of the Civil Code. The duration of the warranty period resulting from the legislation of the Slovak Republic. If the transmission of the case, its packaging, or the instructions attached to it indicated period of use, the warranty period ends before the deadline. The buyer can file claim: in person at: RAK spol. s ro Cpt. Jaroše 24, 957 01 Bánovce nad Bebravou, Slovak Republic by mail to: RAK spol. s ro Cpt. Jaroše 24, 957 01 Bánovce nad Bebravou, Slovak Republic dispatch of the goods together with other required documents (especially proof of purchase) to the claimed goods accompanied by the buyer to read an original or copy of the purchase of goods and detailing the description of the defect and the way in which the defect manifests itself. Goods are to be delivered in a clean condition and accessories shipped with the goods. More warranty and their claims are governed by the Complaint Rules of the seller, which is published on the website of an online store.

              Article IX - Information on alternative online dispute resolution (ODR) for e-commerce

Seller hereby also informs customers (buyers) to any rights and claims against the seller can also apply for an alternative online dispute resolution that solves the Act. 391/2015 on alternative dispute resolution for consumer disputes and amending certain laws. Alternative dispute resolution procedure is an alternative dispute resolution under this Act, aimed at achieving an amicable settlement between the parties. According to Section 11 of the Act. 391/2015 on alternative dispute resolution for consumer disputes and amending certain laws, the consumer is entitled to contact the seller to request corrective action if it is not satisfied with the way the seller respond to the complaint or if it considers that the seller violated his rights. The consumer has the right to bring an alternative dispute resolution (the "Proposal") alternative dispute resolution entity, if the seller responds to the request or a negative answer to it within 30 days from the date of dispatch. Proposal, the consumer may file a manner specified by Section 12 of Act 391/2015 Coll on alternative dispute resolution for consumer disputes and amending certain laws, as well as online dispute resolution platform through online (RSO) at: http://ec.europa.eu /consumers/odr/index_en.htm Alternative dispute resolution is reserved exclusively for consumers' individuals, not business buyers. Settlement of the dispute was going on between consumers and sellers who have entered into a distance contract and, where the dispute has a value greater than € 20. The maximum charge that the ARS is € 5 require the buyer to pay the costs. Seller hereby also informs buyers about the possibility of individual application, suggestions, complaints and attempts to help prevent disputes electronically to the email address: info@prezuvky.sk

Article X - Protection of personal data and privacy

Buyer when filling out the order form acknowledges and declares that he was instructed by the Act. no. 122/2013 on protection of personal data, as amended by Act no. 84/2014 Coll (Consolidation Act of 30.05.2014 is given in the Collection of Laws under number 136/2014 Coll) Seller as the operator of the information system provides further information concerning the processing of personal data in a special section available on the website.

General terms and conditions apply as to what is published on the seller's website and have been approved by the competent authority of the company.

The wording of the General Business Conditions effective from 04.07.2016

 
 
 
 
 
 
 
 
 
 
 
 
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