General Terms and Conditions
GENERAL TERMS AND CONDITIONS
of PROVEDIO s.r.o., Rajská 15/A, 811 08 Bratislava – Staré mesto, Slovakia, company ID: 54122333, VAT: SK2121608302
I. General provisions
1.1 These GTC apply to contractual relations arising between the Seller and the Buyer by concluding a purchase contract and form part of any purchase contract concluded between the parties. The buyer may be both natural persons and legal entities.
1.2 By completing the order form “Order” and confirming his/her acquaintance with these GTC (hereinafter referred to as the “Order”), the Buyer accedes to these GTC of the Seller, which form an integral part of each Purchase Contract and are permanently accessible on the Seller’s website.
1.3 The Seller is also the operator of the e-commerce system operated through the website www.piqipi.com (hereinafter referred to as the “Shop”).
1.4 In addition to the general provisions of Act No. 40/1964 Coll., the contractual relations (as well as other legal relations that may arise from the contractual relationship) with natural persons who are not acting within the scope of their business activity when concluding a purchase contract pursuant to these GTC are subject to the general provisions of Act No. 40/1964 Coll. 102/2014 Coll. on Consumer Protection for the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Premises and Act No. 250/2007 Coll. on consumer protection.
1.5 The provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, apply to contractual relations (as well as other legal relations that may arise from the contractual relationship) with legal entities or natural persons – entrepreneurs.
1.6 The Buyer is any person (natural or legal person) who has completed and submitted an order via the Seller’s website, received an email notification of receipt of the order and paid the purchase price. The Buyer is also any person who has completed and submitted an order via the Seller’s website, received an email notification of receipt of the order and agreed to delivery of the Goods on delivery by mail order via a third party.
1.7 Order means the order form “Order” completed and submitted by the Buyer and processed by the Store’s system. In the event that the Buyer does not use the option of ordering by means of the order form as defined in the previous sentence, a telephone order or an order sent by email or post to the Seller’s address shall also be deemed to be an order.
1.8 The order shall contain information about the Customer and the product ordered. On the basis of the order, an order confirmation is automatically generated for the customer and, if the customer opts for payment in advance, a request for payment of the purchase price
II. Product order – conclusion of the purchase contract
2.1 An electronic order for products made by means of a completed order form “Order” and the subsequent payment of the purchase price in accordance with the automatically generated invitation is a proposal for the conclusion of a purchase contract by the buyer. The purchase price shall be deemed to be paid on the date of crediting of the funds to the Seller’s account.
2.2 Acceptance of the order of the Products by the Seller, and thus the conclusion of the Purchase Contract, occurs on the basis of a written confirmation (electronically) of the receipt of the order, whereby the Seller also informs the Buyer that the Product has been placed for dispatch.
2.3 In the case of an order via the order form “Order” and the choice of payment in advance, the Buyer is always obliged to pay the purchase price to the Seller in advance, otherwise the conclusion of the purchase contract will not take place.
2.4 The Purchase Contract is concluded for a definite term and shall terminate upon fulfilment of the obligations of the Seller and the Buyer.
III. Purchase price and payment terms
3.1 The price of the products ordered via the e-shop (hereinafter referred to as the “Purchase Price”) is always generated specifically for each individual customer after the order has been filled in on the Seller’s website. In the case of an order pursuant to Article II Clause 5 of these GTC, the Seller shall send the Buyer a price offer by email.
3.2 The Seller does not guarantee the temporal validity of purchase prices in the case of the same order in any period of time. For the avoidance of any doubt, the purchase price generated in the case of a particular order shall not be changed once it has been paid within the due date.
3.3 The purchase price of the Products does not include the price of transport or other costs related to the delivery of the Products.
3.4 The basic currency of payment is the Euro.
IV. Delivery of the products
4.1 The Seller shall deliver the Products to the Buyer in the quantity and quality ordered and, in the case of a Buyer as defined in Article I, Clause 5, together with the tax documents relating to the Product and other documents, if any, which are specific to the Product.
4.2 The Seller shall process all orders received in the order in which they are delivered to it. The delivery time for an ordered product that is marked as “in stock” in the offer with the Seller is 5 working days from the date of crediting the purchase price to the Seller’s account. In case of a special request, the delivery time shall be extended by additional working days, which shall be announced in the offer.
4.3 If the Seller is unable to deliver the ordered product to the Buyer, despite the fact that the purchase contract has been concluded, the Seller is obliged to inform the Buyer immediately and to refund the purchase price paid for the product within 15 days, unless the parties agree on an alternative performance. The contractual relationship between the Seller and the Buyer shall automatically terminate upon return of the purchase price paid.
4.4 The place of delivery of the ordered product is the address specified by the Buyer in the order.
4.5 The Seller shall deliver the product by its own means to the Buyer (or to a person authorised in writing by the Buyer to take delivery of the product) or through third parties (transport and delivery companies).
4.6 Delivery of the Product shall be made by handing it over to the Buyer (or to a person authorised in writing by the Buyer to take delivery of the Product) or by handing it over to the first carrier for carriage.
4.7 The Product to be transported must be suitably and securely packaged. By his signature on the delivery/delivery note, the Buyer confirms, in addition to the delivery, that the packaging has not been damaged and that the product has been delivered completely as ordered.
4.8 Upon personal collection, in the event of visible damage to the product or detectable defects, the Buyer is entitled not to accept the product. By accepting the product, it is assumed that the product has no defects detectable upon personal inspection of the product. In the case of personal and parcel delivery, the buyer is also obliged to note the damage to the product on the delivery note with a concise description of the damage, immediately upon receipt if there are defects detectable upon receipt, or at the latest within 10 days of receipt if there are hidden defects. All defects and damages notified at a later date, or complaints about the delivered quantity and quality of the product, will not be accepted by the Seller.
V. Acceptance of the product
5.1 The Buyer is obliged to take delivery of the ordered product delivered by the Seller to the place of delivery specified in the order.
5.2 The risk of damage to the product and liability for damage to the product shall pass to the Buyer upon acceptance of the product, irrespective of whether the Buyer accepts the product in person or through an authorised/delegated person. In the case referred to in clause 2 of this article of the GTC, the risk of damage to the product and liability for damage to the product shall pass to the buyer on the day when the buyer fails to take delivery of the product at the first attempted delivery.
VI. Shipping
6.1 The Seller’s shipping costs are not included in the purchase price of the Product. These will be quantified in the automatically generated order confirmation or in the quotation sent by email and the buyer agrees to pay them together with the purchase price.
VII. Withdrawal of the Buyer from the Purchase Contract
7.1 The Buyer may withdraw from the Purchase Contract in accordance with and in the manner provided for in the Civil Code. The Buyer has the right to withdraw from the Purchase Contract without giving any reason within 14 calendar days from the date on which the Buyer or a third party designated by the Buyer, with the exception of the carrier, takes delivery of the Product.
7.2 When exercising the right of withdrawal, the Buyer is obliged to inform the Seller of its decision to withdraw from the contract by an unequivocal statement, by letter sent by registered mail to the Seller’s address specified in these GTC. For this purpose, the Buyer may use the model withdrawal form published on the Seller’s website.
7.3 The withdrawal period is preserved if the Buyer sends a notice of exercise of the right of withdrawal before the withdrawal period expires, i.e. no later than 14 days after the withdrawal period has started to run.
7.4 Upon withdrawal from the contract, the Seller shall refund to the Buyer all payments made by the Buyer in connection with the conclusion of the contract, in particular the purchase price, including the cost of delivery of the goods to the Buyer. This does not apply to additional costs if the Buyer has chosen a delivery method other than the cheapest normal delivery method offered by the Seller. Payments will be refunded to the Buyer without undue delay, at the latest within 14 days of the date on which the notice of withdrawal is received. They will be refunded in the same way as the purchase price and related costs were paid by the Buyer, unless the Buyer has expressly agreed to a different method of payment, and without any additional charges being levied.
7.5 Payment for the goods purchased will only be made to the Buyer on delivery of the returned goods back to the Seller’s address or on production of proof of return postage, whichever is sooner.
7.6 In case of withdrawal from the contract, the Buyer is obliged to send back the goods or bring them to the Seller’s address specified in these GTC no later than 14 days from the date of exercising the right to withdraw from the contract. The time limit shall be deemed to have been observed if the Buyer sends the goods back before the expiry of the 14-day period. The direct costs of returning the goods shall be borne by the buyer. The buyer shall be liable for any diminution in the value of the goods as a result of handling them in a manner other than that necessary to establish the nature, characteristics and functionality of the goods.
7.7 For withdrawal from the contract by buyers – business entities, the statutory conditions provided for in the Commercial Code shall apply.
7.8 The Buyer may only cancel his/her order made via the order form “Order” without any monetary penalty within 24 hours from the date of placing the payment order for the payment of the purchase price, but no later than before the purchase price is credited to the Seller’s account, and is obliged to notify the Seller of the above fact by telephone and in writing. The Seller undertakes to return the purchase price to the Buyer within 15 days if it has been credited to the Seller’s account, unless the Parties agree on an alternative performance. In case of acceptance of the Seller’s quotation by sending a confirmation email, cancellation is not possible.
7.9 If the order is cancelled after the purchase price has been credited to the Seller’s account, or if the Buyer fails to fulfil its notification obligation under clause 5 of this article of the GTC, the Seller is not obliged to accept the cancellation of the order and the purchase contract is deemed to have been duly concluded.
7.10 The Seller does not accept the returned product by cash on delivery, the product, if the legal reasons are given, must be returned by the Buyer by ordinary postal package or by mail order company.
7.11 The contact details of the Seller in the event of withdrawal from the Contract or a complaint under the following article are as follows:
– Address: PROVEDIO s.r.o., Rajská 15/A, 811 08 Bratislava – Staré mesto
– telephone number: 00421 948 892 285
– email: eshop@piqipi.com
VIII. Liability for defects, warranty and claims
8.1 The Seller shall not be liable for defects in the product if these are caused by poor quality materials supplied by the Buyer.
8.2 The Seller is not obliged to notify the Buyer of the poor quality of the documents. The Seller does not control the quality of the delivered documents, does not modify or change them in any way, but they are processed automatically. It is also not responsible for the content of the documents and their compliance with generally binding legal regulations, nor for any infringement of the intellectual property rights of third parties.
8.3 The purchaser shall be solely liable for defects in the products caused by the delivery of defective/low-quality documents.
8.4 The Buyer is responsible for the content of the documents and their compliance with the generally binding legal regulations of the Slovak Republic and/or with general morality and is liable for any damage that may be caused to third parties in connection with the use of the products.
8.5 In the event that the Seller discovers during the processing of the order that the delivered content of the documents is defamatory or contrary to the moral and ethical views of the Seller or generally binding legislation, the Seller is entitled to withdraw from the purchase contract by delivering a written notice of cancellation of the order confirmation by email. The Buyer shall not be entitled to any compensation, except for the refund of the purchase price already paid.
8.6 The Seller provides a warranty for the delivered products in accordance with the relevant legislation of the Slovak Republic. The warranty period shall commence from the date of acceptance of the product by the Buyer. In the case of purchasers – business entities, the provisions of the Commercial Code shall apply to liability for product defects and the terms of the warranty.
8.7 In case of return of a product with a defect which became apparent after its receipt and which was not obvious and detectable during normal inspection upon receipt, the buyer shall be entitled to a reasonable discount on the purchase price corresponding to the nature and extent of the defect or a refund of the purchase price. If the defect renders the item unusable, the buyer shall be entitled to withdraw from the contract. By agreement of the parties, the defective product may also be replaced by a new product without defects. Damaged or defective goods must be complete.
8.8 The Buyer is entitled to make a claim for a product within the warranty period, immediately after becoming aware of the defect in the product, by sending a written claim to the Seller’s address specified in these GTC, in accordance with generally applicable law.
8.9 The Seller is obliged to process the complaint and notify the Buyer in writing (electronically, by post) about the result of the complaint within 30 days from the date of receipt/acceptance of the written complaint.
8.10 The procedures set out in this Article shall also apply mutatis mutandis to the submission of a complaint or complaint by the Buyer.
8.11 The Consumer has the right to apply to the Seller for redress if he is dissatisfied with the manner in which the Seller has dealt with his complaint or if he believes that the Seller has violated his rights. If the Seller responds to the Consumer’s request in a negative manner or does not respond at all within 30 days from the date of sending the request, the Consumer has the right to file a petition for alternative dispute resolution (hereinafter referred to as “ADR”). Only disputes arising from a contract between the seller and the consumer and disputes related to this contract may be resolved by ADR, with the exception of disputes pursuant to Section 1(4) of Act No. 391/2015 Coll. and disputes whose value does not exceed EUR 20. The application for the initiation of ADR shall be submitted to the ADR entity pursuant to Section 3 of the aforementioned Act, using the designated platform or the form, the model of which is attached as Annex 1 to the aforementioned Act. The ADR entity may require the consumer to pay a fee for the initiation of ADR, up to a maximum of EUR 5 including VAT. If several ADR entities are competent for ADR, the consumer has the right to choose to which of them he/she submits the proposal. In addition to ADR, the consumer shall have the right to apply to the general or arbitration court with jurisdiction in the matter and place of jurisdiction. The ADR platform is available on the following website: ec.europa.eu/consumers/odr/index_en.htm
The list of alternative dispute resolution entities as of 10.4.2016 is here: http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s. The consumer has the right to choose which of the listed ADR entities to turn to.
The address for electronic submissions to the Slovak Trade Inspection is ars@soi.sk
IX. Protection of personal data and privacy
9.1 When filling in the order form, the Buyer acknowledges and declares that he/she has been instructed in accordance with Act No. 112/2013 Coll. on the Protection of Personal Data.
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These GTC apply as published on the Seller’s website and approved by the competent authority of PROVEDIO s.r.o.
The version of the GTC is effective from 1 August 2021.