Business and delivery conditions
1. General provisions
1.1
These General Terms and Conditions (hereinafter referred to as "GTC") govern the rights and obligations:
the operator of this e-shop and the seller:
Skiba s.r.o.
Sliačska 2
831 02 Bratislava
ID: 47250909
TAX ID: 2023865822
VAT ID: SK2023865822
(hereinafter referred to as the "Operator" or "Seller") and
Buyer: a natural person or a legal person who electronically submits an order for goods or services via the skiba.sk e-shop. (hereinafter referred to as the "Ordering Party" or "Buyer")
when purchasing goods offered by the Seller via the Seller's e-commerce website Skiba s.r.o.
1.2
Seller's contact details for Buyers:
Skiba s.r.o., Sliačska 2 , 831 02 Bratislava
The Seller is a VAT payer.
1.3
These Terms and Conditions of Sale and Complaints, as in force on the date of conclusion of the Purchase Contract, are an integral part of the Purchase Contract.
2.Order
2.1
The Buyer sends the proposal for the conclusion of the Purchase Contract to the Seller in the form of a completed and submitted electronic form on the Seller's website, subsequently, after submitting the order, the Buyer receives an automatically executed confirmation of receipt of the order to his/her e-mail address in the Seller's electronic system. Any further information regarding the Buyer's order may be sent to the Buyer's e-mail address if necessary.
2.2
Acceptance of the order of goods by the operator and the conclusion of the purchase contract shall take place on the basis of confirmation of this correctly and fully completed order in electronic form (by e-mail) by the operator. This confirmation of acceptance of the order will be sent to the e-mail address provided by you and further information about the status of your order (e.g. the order has been processed, the goods have been dispatched, the goods are currently out of stock, etc.) will be sent at a later date. The registered customer can check the order directly on the skiba.sk webshop website after logging in. After the order has been submitted, the order will be processed and will be considered binding for both parties only after the payment has been credited to the seller's account. An order confirmed by the Seller and paid by the Buyer is considered binding for both parties, unless there is a breach of the terms and conditions agreed at the time of confirmation. Essential terms and conditions are mainly considered to be the content of the order: the exact specification of the goods, the price for the goods, the method of delivery of the goods and the Buyer's contact information.
2.3
By placing an order, the Buyer confirms that he has read these terms and conditions in detail and accepts these terms and conditions for the delivery of goods by the Seller, who purchases the goods from the Seller via the Seller's online shop. The Buyer - consumer by submitting the order also confirms that he has been provided with the following information before submitting the order: the main characteristics of the goods, the total price of the goods, the cost of transport, delivery, postage and other costs and charges, including the obligation to pay the purchase price for the ordered goods, information about the Buyer's right to withdraw from the contract, the conditions, time limit and procedure for exercising the right of withdrawal from the contract, information about the duration of the purchase contract and, in the case of an indefinite-term purchase contract, information about the conditions for termination of the contract.
2.4
The Seller does not guarantee the immediate availability of all goods listed on skiba.sk. In the event that a situation arises where the goods cannot be delivered for any reason, the Seller shall immediately contact the Buyer in order to agree on the next course of action. In the event that the buyer has already paid part or all of the purchase price, this amount will be transferred back to the buyer's account and the purchase contract will not be concluded.
2.5
The place of fulfilment of the Purchase Contract shall be understood as the registered office (residence) or place of business of the Purchaser indicated in the electronic order form. The goods will be delivered by the operator using the services of third parties (Slovak Post, delivery service, courier service) or the operator will deliver the goods by its own means or, by agreement with the customer, the goods will be prepared at the operator for delivery. The delivery of the goods is made by handing them over to the Customer or by handing them over to the contractual carrier for transport. Title to the goods shall pass to the purchaser upon delivery of the goods, subject to the condition precedent that the purchase price specified in the order is paid in full. Pending the transfer of ownership from the operator to the customer, the customer shall have all the obligations of a bailee of the goods and shall be obliged to store the goods securely at his own expense and to mark them so that they are at all times identifiable as the goods of the operator.
3. Purchase price and payment terms
3.1
The purchase price is set in Euro and all prices are inclusive of VAT. The purchase price for the ordered goods is stated in the order as well as in the email order summary (confirmation). A receipt of payment will be enclosed with the dispatched goods. All promotions are valid while stocks last, unless otherwise stated for specific goods.
3.2
The Buyer may pay for the Goods in the following ways:
-by cash on delivery:the buyer shall pay for the goods on collection from the delivery agent,
- by bank transfer: the Buyer shall pay for the Goods into the Seller's account as specified on the order and in the email communication , within 3 working days of receipt of the email with payment instructions.
The buyer's obligation to pay the purchase price of the goods is deemed to be fulfilled when the purchase price is credited to the seller's account
3.3
The purchase price of the Goods does not include the cost of transportation of the Goods to the place of delivery or other optional services. Shipping costs will be charged separately to the Buyer according to the shipping method chosen by the Buyer in his order. Information about the shipping cost is provided in the order as well as in the order summary email. A receipt of payment will be enclosed with the shipped goods.
3.4
The Seller reserves the right at any time to adjust the price of the Goods displayed on any e-commerce website operated by the Seller. A change in the price of the Goods shall not apply to sales contracts concluded prior to the price change, notwithstanding that delivery of the Goods has not yet taken place.
4. Order cancellation
4.1
All orders received by this shop are binding.
4.2
The Buyer has the right to cancel an order by sending a written notice to the registered office of Skiba s.r.o.
mentioned above, or by e-mail to the address: info@skiba.sk, in case the price of the order (advance invoice) has not yet been paid. In the event that the customer cancels the order after payment of the price of the order (advance invoice), but before delivery of the goods, although the delivery period has not yet expired, the Seller reserves the right to deduct the proven costs associated with the processing of this order.
The Seller reserves the right to cancel the order or part of it before the conclusion of the purchase contract or in the following cases:
- the goods are no longer manufactured
- for technical reasons, the goods cannot be delivered within the required time or under the terms of the order, if the goods are no longer manufactured or delivered or if the price charged by the supplier of the goods has changed significantly
- it is not possible to contact the buyer (e.g. the contact details are incorrect, the buyer is unavailable at the contact details provided or does not write back via email, etc.)
- the buyer fails to pay the amount of the order within 3 working days of receiving an email with payment instructions for the payment method.
If this situation occurs, the seller will contact the buyer to agree on the next course of action. If the buyer has paid the amount or part of the purchase price, this amount will be transferred back to the buyer's bank account within 15 days.
5. Delivery terms
5.1
The method of delivery of the goods shall be determined by the Buyer (by post, courier, carrier, etc.) in his order, unless otherwise agreed between the Buyer and the Seller, to the address notified by the Buyer in his order. The agreement on another method of delivery must be mutual and confirmed by the Seller by email. Orders are delivered by courier company. The price of delivery by courier company is 10 € incl. VAT.
5.2
Unless otherwise agreed between the Seller and the Buyer, the delivery time of the ordered goods is 2 -10 working days from the payment of the order or its acceptance by the Seller, if payment on delivery is chosen. Payment shall be understood as the moment of crediting the payment to the Seller's account to which the payment should have been transferred. If the Seller does not have the Goods physically in its warehouses (of which it will inform the Buyer) and orders them from the Supplier only on the basis of the Buyer's order, the Seller undertakes to deliver the Goods to the Buyer no later than 4 weeks after the payment of the advance invoice.
5.3
The date of dispatch will be notified by email to the Buyer. If the aforementioned delivery time is not feasible for technical reasons, the Seller shall immediately inform the Customer thereof and, if no mutual agreement is reached on the delivery of the goods within an alternative period of time or on the provision of other goods of the same quality and price, or on any other alternative performance, the Seller undertakes to reimburse to the Customer within 15 days the price paid for the goods or the advance payment made to the Buyer's account. The Seller shall not be liable for any delay in delivery of the goods caused by the delivery agent (post, courier) or by giving an incorrect address of the Customer.
5.4
Goods shall be delivered to the address specified by the Buyer in the order as the delivery address. However, if the customer does not take delivery due to absence or for any other reason of which he has not informed the seller in advance, any redelivery shall be made at his expense.
5.5
The Buyer shall take delivery of the Goods from the Seller or a person authorised by the Seller in a proper and timely manner. If it is necessary to repeat the delivery of the goods due to the Buyer's absence at the place and within the time limit or if the Buyer fails to take delivery of the goods within 7 days after the time limit has expired without prior written cancellation of the contract of sale, the Seller shall be entitled to claim compensation for damages in the amount of the actual costs of the attempted unsuccessful delivery of the goods to the place. In the event that the Buyer requests redelivery, the item will be re-sent and the cost of the redelivery will be charged at double the postage.
5.6
On receipt of the Goods, the Buyer shall inspect the consignment, i.e. the Goods as well as their packaging, the number of items in the consignment and also any physical damage to the Goods immediately upon delivery in the presence of a representative of the Seller, and the delivery note issued by the Seller and confirmed by the Buyer on delivery of the Goods shall be used to confirm the faultlessness of the Goods being delivered. In the event of any defects in the goods, the Seller's representative shall be obliged to allow the Buyer to make a record of the extent and nature of the defect in the goods, the accuracy of which shall be confirmed by the Seller's representative. On the basis of the record so made and delivered to the Seller, the Buyer may subsequently refuse to accept the defective goods delivered or confirm the delivery of the defective goods and subsequently, in accordance with Article 8 of these Terms and Conditions of Sale and Complaints, claim defects in the goods from the Seller or a designated person. In the event that the Buyer refuses to accept the defective goods delivered, all costs reasonably incurred in returning the goods to the Seller shall be borne by the Seller.
In the event of an unjustified refusal by the Buyer to accept the delivery, the delivery shall be deemed to have been duly accepted.
6.Complaints and warranty
6.1
The rights and obligations of the contracting parties regarding liability for defects are governed by the relevant generally binding provisions of the Civil Code or the Commercial Code.
6.2
The warranty period for all goods is 24 months and applies only to manufacturing defects. It shall commence upon acceptance of the goods by the purchaser. If the goods are replaced, the warranty period starts again from the receipt of the new goods. The warranty does not cover damage due to handling clearly resulting in damage to the product.
6.3
The buyer is obliged to inspect the goods immediately upon receipt. If damage to the packaging of the product is detected, the buyer shall inspect the condition of the goods and, in the event of damage, make a record of the damage in the presence of the carrier. The buyer has the right not to accept the visibly damaged shipment. The carrier is responsible for damage in transit, all goods are insured. By signing the bill of lading, the buyer agrees to accept the shipment and confirms that it has arrived without visible damage.
6.4
Claims for any non-delivery of the goods due to the fault of the carrier or damage to the goods due to the fault of the carrier must in such cases be made directly with the carrier. Claims for mechanical damage to goods caused by carriage, the receipt of which has been confirmed by the Customer to the delivery agent without defects, will not be accepted as justified by the Operator and no benefit will be given to the Customer in respect of such a claim
6.5
The Buyer shall take care (store) the purchased goods in accordance with the manufacturer's instructions or in a manner customary and appropriate for the type of goods.
6.6
The Buyer is entitled to make a complaint about the Goods at the Seller's registered office or by email at: info@skiba.sk . The complained goods shall then be sent properly packed (preferably in the original packaging) and always by ordinary commercial parcel to Skiba s.r.o., Sliačska 2, 831 02 Bratislava
If the claimed goods are sent by cash on delivery, this shipment will not be accepted. The claim must be accompanied by proof of payment and a description of the defect.
When claiming goods, it is necessary to follow the provisions of the Complaints Procedure, which is published at skiba.sk/reklamačný-orderok
6.7
The Seller undertakes to inform the Buyer within 7 working days from the receipt of the complaint about the legitimacy of the complaint and the procedure for handling it.
In the case of a legitimate complaint, the Seller undertakes to process the complaint within 30 days of its receipt.
7. Personal data and their protection
7.1
The Operator collects the personal data of the Customers with the consent of the Customers. This data is primarily used to facilitate the orders of the Customer in the future. The Operator and the Customer agree that, if the Customer is a natural person, he/she shall notify the Seller of his/her name and surname, residential address including postal code, telephone number and email address. If he is a legal person or a sole trader, he shall inform the Customer of his business name, registered office address including postcode, VAT number, VAT number (if registered) telephone number and email address.
7.2
The Customer declares that it agrees, in accordance with Section 7(1) of Act No. 428/2002 Coll. on the protection of personal data, as amended, that the operator processes and stores his personal data, in particular those listed above and/or which are necessary for the activities of the operator and processes them in all its information systems. The Customer grants the Controller this consent for an indefinite period of time. The Customer may withdraw consent to the processing of personal data at any time in writing (by e-mail, letter) or by telephone, whereupon the Operator shall delete his/her personal data from its database.
7.3
Registration on skiba.sk is voluntary. By registering on the website, the buyer agrees to the processing and collection of his/her personal data in the skiba.sk database. The registered customer can update his personal data directly in the online mode on the web page of the online shop after logging in.
- 4
- The operator of the skiba.sk website undertakes that the data provided will only be used for the purpose of concluding and fulfilling the contract on the basis of the terms and conditions specified by the seller and will not be published in any other way or disclosed to third parties, etc. With the exception of situations related to distribution or payment related to the ordered goods (information such as name and delivery address).
Withdrawal from the purchase contract
8.1
The buyer-consumer has the right to withdraw from the contract without giving any reason within 14 days of receipt of the goods. If he/she so decides, he/she shall inform the Seller of his/her decision to withdraw from this contract of sale by an unequivocal statement (e.g. a letter sent by post or e-mail) to Skiba s.r.o., Sliačska 2, 831 02 Bratislava, e-mail: info@skiba.sk.
The withdrawal period is preserved if the buyer sends a notice of exercising the right to withdraw from the purchase contract before the withdrawal period expires.
The Seller is not liable for any loss or damage to the shipment in transit. Returned shipments will not be accepted for cash on delivery.
8.2
If the consumer exercises the right of withdrawal within 14 days of receipt of the performance, he must hand over to the supplier everything he has received under the purchase contract. If this is no longer well possible (e.g. the goods have been destroyed or consumed in the meantime), the consumer must provide monetary compensation in return for what can no longer be handed over. If the returned goods are only partially damaged, the seller may claim damages against the consumer and set off his claim against the returned purchase price. In such a case, the seller is obliged to prove the damage. In such a case, the seller shall only refund the consumer the reduced purchase price. In addition, the Seller may add to the purchase price to be refunded the costs actually incurred by the Buyer in returning the goods.
8.3
If all of the above conditions for the return of the goods are met, the money for the goods will be refunded to the Buyer by transfer to his account within 30 working days after physical receipt and inspection of the goods at the latest.
If any of the above conditions are not met, the Seller will not accept the withdrawal from the consumer contract and the goods will be returned at the expense of the sender.
9. Final provisions
9.1
The relations not regulated by these terms and conditions of sale and complaint are subject to the relevant provisions of the Civil Code, the Act, Act No. 22/2004 Coll. No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendment and supplementation of certain acts, as amended by Act No. 284/2002 Coll. as amended and Act No. 102/2014 Coll. on consumer protection in distance selling.
9.2
These terms and conditions of sale and complaint become effective against the buyer upon conclusion of the purchase contract. These terms and conditions shall apply in the wording indicated on the Seller's website on the date of sending the electronic order, unless otherwise agreed in writing between the parties. The Terms and Conditions are valid until the new Terms and Conditions are issued.
The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect rights and obligations that arose after the effective date of the previous version of the terms and conditions.
9.3
By submitting an electronic order, the Buyer accepts without reservation all provisions of the Terms and Conditions as in force on the date of the order, as well as the applicable price of the ordered goods (including shipping and transport costs) as stated in the price list of the online store.
9.4
The Customer and the Operator agree that they fully accept the electronic form of communication, in particular via electronic mail and the internet network, as valid and binding for both parties. The electronic form of communication is not acceptable in the event of withdrawal from the purchase contract.
9.5
By sending an order, the Customer confirms that he has read these GTC and agrees to them in their entirety. Notwithstanding any other provisions of these GTC, the Operator shall not be liable to the Customer for any loss of profit, loss of opportunity or any other indirect or consequential loss due to negligence, breach of the Purchase Contract or otherwise. In the event that any provisions of these GTC are found by the competent authorities of the Slovak Republic to be invalid or unenforceable, in whole or in part, the validity and enforceability of the remaining provisions of the GTC and the remaining parts of the relevant provision of the GTC shall remain unaffected thereby.
Annex 1 - Withdrawal form - form_for_withdrawal.doc
Attachment No. 2 - Instructions on the exercise of the buyer's right of withdrawal from the purchase contract poucenie_o_uplatneni_prava_kupujuceho_na_ odstupstupenie_ od_kupnej_ smlounej_ smlounego.docx
10. Instruction on exercising the buyer's right of withdrawal from the purchase contract
- Right of withdrawal from the purchase contract
You have the right to withdraw from this contract of sale without giving any reason within 14 days. The withdrawal period expires 14 days from the day on which you or a third party designated by you, with the exception of the carrier, takes delivery of the goods.
- Consequences of withdrawal
In the event of withdrawal from the purchase contract, we will refund all payments you have made in connection with the conclusion of the purchase contract, in particular the purchase price. This does not apply to additional costs if you have opted for another type of delivery offered by us, nor to the costs for additional services if they were the subject of the contract and if they have been provided in full. Payments will be refunded to you without undue delay and in any event no later than 14 days from the date on which we receive your notice of cancellation of this Purchase Contract. They will be refunded in the same way as you used for your payment, unless you have expressly agreed to a different method of payment, without any additional charges being levied.
Payment for the goods purchased will only be refunded to you upon delivery of the returned goods back to our address or upon presentation of proof of return postage, whichever is sooner.
Please send the goods back to us or bring them to our registered office address without undue delay and in any event within 14 days of exercising your right of withdrawal. The time limit shall be deemed to have been observed if you send the goods back before the expiry of the 14-day period. You shall bear the direct costs of returning the goods.
Please note that if you withdraw from the contract of sale, you are liable for any diminution in the value of the goods as a result of handling them between the time of delivery and the time of their return in a manner other than that necessary to establish the nature, characteristics and functionality of the goods.