Business terms
BUSINESS TERMS
These General Terms and Conditions (hereinafter referred to as GTC) regulate supplier-customer relations in the area of sales of goods. They are binding upon the sale of goods to the buyer.
I. Basic provisions
1. These general terms and conditions (hereinafter referred to as " terms and conditions ") are issued by: Ing. Rastislav Ďurica SOVACOMP
ID: 43175708
VAT number: 1070491928
with registered office: Požiarnická 3226/6, 962 12 Detva
registered in the Trade Register of the ObÚ Zvolen no. 670-14722 insert number:
15147/S
contact details:
email: info@mdmoda.sk
phone: +421918568442
(hereinafter referred to as " seller ")
2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside of his business activity as a consumer or within his business activity (hereinafter referred to as the " buyer ") through a web interface located on a website available on the Internet at www.mdmoda.sk (hereinafter referred to as " online store ").
3. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in the Slovak language.
II. Definitions
Below are definitions to help you understand certain terms used in the Terms:
1. Seller - Ing. Rastislav Ďurica SOVACOMP, Požiarnická 3226/6, 962 12 Detva, e-mail address: info@mdmoda.sk, contact phone number: (+421) 918 568 442, (fee for standard connection - according to the price list of the relevant operator).
2. Buyer - you, the user of the online store.
3. Online store - our online platform available at www.mdmoda.sk, through which we provide services. Through the online store, we enable you to conclude purchase contracts, use reservations (depending on the availability of the service) and use other related functions.
4. Seller's customer service – service provided by the seller to customers. Information about the activity of the online store, including information related to products, business, rules and current offers, during working days during the hours indicated under the link "Contact" at the phone numbers and e-mail addresses indicated there in the online store and on the pages of the online store store under the "Contact" tab. The customer pays the communication costs of connecting to the ZSP according to the standard connection price of his operator.
5. Price - the amount in euros or in another currency, including VAT, which belongs to the seller for the transfer of ownership of the product to the customer in accordance with the purchase contract. The price does not include shipping costs, unless otherwise stated in the current offer.
6. DSA - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and on the amendment of Directive 2000/31/EC as part of the content of an online store prohibited by law, especially including content that violates proprietary copyrights of third parties or their personal rights.
7. Business customer - this includes you as well, but provided that you use the online store as an entrepreneur within the meaning of para. § 2 par. 2 of Act no. 513/1991 Coll., Commercial Code, but with the exception of an entrepreneur who is a natural person and concludes a contract directly related to his business activity, if it follows from the content of this contract that it is not of a professional nature for him.
8. Civil Code - Act No. 40/1964 Coll., Civil Code.
9. Account – a service provided electronically within the Online Store enabling access to additional functions of the Online Store. Each account is marked with an individual login name and password.
10. Shopping cart - a service provided electronically within the online store enabling the entry of an order or reservation and the use of related functions.
11. Product – an item available in the online store together with its price-marked components and which is the subject of a purchase contract or the subject of a reservation.
12. Promotions – special conditions of sale or provision of services that have been regulated or formulated separately and are available in the online store (e.g. price reduction or shipping costs).
13. Conditions – these conditions.
14. Reservation - a service that allows you to reserve selected products for the purpose of viewing/trying them in the selected store and subsequently purchasing them.
15. Personal collection - collection of goods at the address Požiarnická 8, 962 12 Detva
16. Content – texts, graphics or multimedia (e.g. product information, product photos, promotional videos, descriptions, comments) including works within the meaning of the Copyright Act and related rights and images of natural persons that are available in the online store.
17. Purchase contract - a purchase contract within the meaning of the provisions of the Civil Code concluded at a distance between you and the seller, the content of which consists of the order and conditions, and which is subject to the Personal Data Protection Rules and additional formal consents expressed by you.
18. Act on Consumer Protection - Act No. 108/2024 Coll. on consumer protection and amendments to certain laws.
19. Order – an offer submitted by you to the seller, which is your expression of will to conclude a purchase contract. The order should include at least one product to which the contract applies and other necessary data specified at the stage of entering the order. Do not forget that the moment of concluding the purchase contract for this product is only confirmation of the execution of the order by the seller for the given product.
III. Information about goods and prices
1. Information about the goods, including the price of the individual goods and their main features, are listed in the details of the goods in the online store catalog. The prices of goods are listed including value added tax. The prices of the goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods.
3. Information on the costs associated with the delivery of the goods, as well as the payment for the order, is published in the online store.
4. Possible discounts from the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise, or in the case of loyalty discounts according to the setting.
5. Regular price – information on the recommended selling price
IV. Information about searching and displaying products
1. In the online store, it is possible to search for products by item number, or by name or part of it.
2. In the individual categories, there are additional parameters such as gender, color, size, type, collection, according to which it is possible to target and narrow down the set of products.
3. The product category also includes the classification of products according to the most expensive, the cheapest and the newest.
V. Order and conclusion of purchase contract
1. The buyer orders the goods in the following ways:
· through your customer account, if you have previously registered in the online store,
· by filling out the order form without registration.
2. When placing an order, the buyer selects the goods, the number of goods (variant) , the method of payment and delivery.
3. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking the "SEND ORDER WITH PAYMENT OBLIGATION" button. The data given in the order are considered correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions.
4. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when placing the order. This confirmation of receipt of the order is automatic and is not considered to be the conclusion of a contract.
5. An electronically sent order of goods by the buyer is considered a proposal to conclude a purchase contract.
6. The offer presented on the seller's shopping portal is created from real stock that the seller physically has and suppliers' stocks. The availability data is changed by selecting the product variant. After the order has been registered in the seller's information system and checked, confirmation/acceptance follows and thus creates a legal relationship/purchase contract between the seller and the buyer, or rejection due to unavailability/sold out of the goods. Confirmation of the order takes place through an e-mail message about the realization to the e-mail address that the buyer entered when ordering.
7. The buyer can cancel his order without consequences before the shipment of the goods. Information about the expedition is done by sending an e-mail. The buyer can notify the seller of such a decision by e-mail: info@mdmoda.sk or by phone: +421918568442.
8. In the event that one of the requirements stated in the order cannot be fulfilled, the seller informs the buyer by e-mail or by telephone about the possibility of replacement.
9. In the event that there was an obvious technical error on the part of the seller when specifying the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price, even if an automatic confirmation was sent to the buyer on receipt of the order according to these terms and conditions. The seller informs the buyer about the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in that case by confirmation of acceptance by the buyer to the seller's e-mail address.
10. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
VI. Customer account
1. Based on the buyer's registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data in the user account in case of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not entitled to allow third parties to use the customer account.
5. The seller can cancel the user account, especially if the buyer does not use his user account for a longer period of time, or if the buyer violates his obligations under the purchase contract and these terms and conditions.
6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
VII. Payment conditions and delivery of goods
1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:
· by cashless transfer to the seller's bank account at Slovenská sporiteľna as IBAN: SK8709000000000402905494, BIC: GIBA SK BX, variable symbol is the order number
· non-cash payment card,
· cash on delivery upon receipt of the goods,
· in cash upon personal collection in Detva, Požiarnická 8.
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the delivery of the goods in the contractual amount. Unless explicitly stated otherwise, the purchase price also includes the cost associated with the delivery of the goods.
3. In the case of payment in cash, the purchase price is payable upon receipt of the goods.
4. In the case of non-cash payment, the purchase price is payable after confirmation of the order. If the payment does not take place due to technical reasons, the buyer sends an informational e-mail about payment methods. Payment of the purchase price is completed when the relevant amount is credited to the seller's bank account.
5. In the case of payment through a payment gateway, the buyer follows the instructions of the relevant provider of electronic payments.
6. The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before the goods are shipped is not a deposit.
7. The goods are delivered to the buyer:
· to the address specified by the buyer in the order
· through the dispatch office of shipments to the address of the dispatch office specified by the buyer
· by personal collection
8. The choice of delivery method is made during the ordering of goods.
9. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the confirmation of the order by the seller. If the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this method of transport.
10. Packages with glass are transported exclusively by COURIER, the price of the courier abroad and for heavier packages of more than 10 kg even within the Slovak Republic is negotiated individually.
11. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
12. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier immediately. In case of detection of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier.
13. The seller issues a tax document - invoice to the buyer. The tax document is attached to the delivered goods or sent by e-mail to the buyer's address.
14. The buyer acquires the ownership right to the goods by paying the entire purchase price for the goods, including delivery costs, but first by receiving the goods. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the moment of acceptance of the goods or at the moment when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.
VIII. Withdrawal from the contract
1. A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract even without giving a reason.
2. The deadline for withdrawal from the contract is 14 days
· from the day of receipt of the goods,
· from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts
4. In order to comply with the deadline for withdrawal from the contract, the buyer must send a declaration of withdrawal within the deadline for withdrawal from the contract.
5. To withdraw from the purchase contract, the buyer can use the model withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
6. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
7. If the buyer withdraws from the contract, the seller will return to him immediately, but no later than 14 days from the withdrawal from the contract, all funds, including delivery costs, that he received from him. The seller will return the money received to the buyer in a different way than he received from him only if the buyer agrees to it and if it does not incur additional costs.
8. If the buyer has chosen a method other than the cheapest method of delivery of the goods offered by the seller, the seller will refund the cost of delivery of the goods to the buyer in an amount corresponding to the cheapest method of delivery of the goods offered.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
10. The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
11. The seller is entitled to withdraw from the purchase contract due to sold out of stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has stopped production or import of goods. The seller immediately informs the buyer via the email address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, which he received from him under the contract, in the same way, or in a way specified by the buyer.
IX. Goods complaint
· As a seller, we are obliged to provide you with the product in accordance with the agreed requirements in terms of the provisions. § 616 of the Civil Code and general requirements in accordance with the provisions. § 617 of the Civil Code. If it is found that the product is in violation of these requirements, you have the right to file a complaint with the seller. Complaints are governed by the complaints procedure. The complaint procedure can be found at https://www.mdmoda.sk/reklamacny-poriadok .
· The address for sending the claimed goods is: Ing. Rastislav Ďurica SOVACOMP, Požiarnická 3226/6, 962 12 Detva Along with the claimed goods, it is necessary to send a completed claim form.
X. Delivery
1. The contracting parties may deliver all written correspondence to each other via electronic mail.
2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
XI. Out-of-court settlement of disputes
1. The consumer has the right to contact the seller with a request for redress if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. The consumer has the right to submit a proposal to start an alternative (out-of-court) dispute resolution with the entity of alternative dispute resolution, if the seller answered the request in accordance with the previous sentence in the negative or did not respond to it within 30 days from the day it was sent. This does not affect the possibility of the consumer to turn to the court.
2. The Slovak Trade Inspection is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract, with its registered office at: Prievozská 32, 827 99 Bratislava, IČO: 17 331 927, which can be contacted for the stated purpose at the address Slovak Trade Inspection, Central Inspectorate, Department of International relations and alternative dispute resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at ars@soi.sk or adr.@soi.sk. Internet address: https://www.soi.sk/ . The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
3. The European Consumer Center Slovak Republic, with registered office Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk/ is the contact point according to Regulation of the European Parliament and the Council (EU) no. 524/2013 of May 21, 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and directive 2009/22/EC (regulation on the resolution of consumer disputes online).
4. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out within the scope of its competence by the relevant District Office, trade business department. The Slovak Trade Inspection supervises, among other things, compliance with Act No. 250/2007 Coll. on consumer protection as amended.
XII. Final Provisions
1. All arrangements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
2. All rights to the seller's website, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
3. The seller is not responsible for errors arising as a result of the intervention of third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.
5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
6. A model form for withdrawal from the contract is attached to the terms and conditions.
These General Terms and Conditions are valid for all business cases concluded by the company Ing. Rastislav Ďurica SOVACOMP from 01.07.2024.
APPENDIX:
FORM
Withdrawal from the concluded purchase contract
Buyer:
Name Surname:
Address:
Phone:
Email:
Seller:
Ing. Rastislav Ďurica SOVACOMP
Požiarnická 3226/6,962 12 Detva
Slovak Republic
__________________________________________________________
The undersigned buyer hereby informs you that I withdraw from the concluded purchase contract.
Order number:
Subject of the purchase contract (goods):
Date of receipt of goods:
Reason for withdrawal (not mandatory):
Bank connection to refund the purchase price:
At the same time, I am sending you the purchased goods with accessories, the invoice and this withdrawal from the contract.
On ............................................ on: ... ................................. ................ ........................................
Signature
__________________________________________________________
Address for returning goods: Požiarnická 3226/6, 962 12 Detva