I. Introductory provisions
- These general terms and conditions (hereinafter referred to as “GTC”) govern the legal relationship, the subject of which is the sale of goods based on a contract concluded through the e-commerce friiofnorway.eu (hereinafter referred to as the “Contract”), unless the contracting parties agree otherwise in writing.
- The operator of the e-commerce and the seller is the company BAGPIPERS, s.r.o., with its registered office at Sinokvetná 1569/21, 821 05 Bratislava, ID number: 51 286 955, VAT ID: SK2120669969, tax ID: 2120669969, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 125510/B (hereinafter referred to as the “Seller”).
- Any natural or legal person, regardless of whether they are a consumer or another business operator (hereinafter referred to as the “Buyer”), may conclude the Contract with the Seller for the purchase of goods on the website of the e-commerce friiofnorway.eu.
- For the purposes of these GTC, a consumer means a natural person who does not act within the scope of their business, employment, or profession when concluding and fulfilling the Contract (hereinafter referred to as the “consumer”).
- For the purposes of these GTC, a business partner means a natural or legal person who concludes the Contract and purchases goods for the purpose of their further sale (hereinafter referred to as the “Business Partner”).
- For the purposes of these GTC, an e-commerce means the website friiofnorway.eu, which offers the goods of the Seller and allows the Buyer to send a proposal to conclude the Contract to the Seller through it (hereinafter referred to as the “e-commerce”).
- The Seller can be contacted by phone at +421 918 468 151 or by email at firstname.lastname@example.org.
- To apply for a complaint about the goods, to file a complaint or another submission to the Seller, it is possible to do so at the address Sinokvetná 21, 821 05 Bratislava, or by email at the email address email@example.com.
- The supervisory authority is the Slovak Trade Inspection, Inspectorate STI for the Bratislava Region, with its registered office at Bajkalská 21/A, P.O. Box 5, 820 07 Bratislava.
II. Order and conclusion of the Contract
- The goods offered in the e-commerce (hereinafter referred to as the “Goods”) are regularly supplied by the Seller and are available within the delivery period according to Article VI, paragraph 2 of these GTC. The main features of the specific Goods are directly stated in the e-commerce.
- The Buyer orders the Goods by completing and submitting the form in the e-commerce (hereinafter referred to as the “Order”).
- To create the Order, it is necessary for the Buyer to select the desired Goods, quantity, method of delivery, and method of payment. By confirming the Order, the Buyer submits a binding proposal to the Seller to conclude the Contract.
- By submitting the Order to the Seller, the Buyer confirms his/her agreement that these GTC will apply to the Contract concluded between him/her and the Seller on the website of the e-commerce, including the complaint of the Goods, and that he/she was informed that it is his/her obligation to pay the purchase price (by clicking “Order with obligation to pay”).
- By submitting the Order to the Seller, the Buyer who is a consumer also confirms that the Seller has duly fulfilled his/her information obligations pursuant to Section 3 of Act No. 102/2014 Coll. on the protection of consumers in the sale of goods or provision of services based on a distance contract or a contract concluded outside the premises of the seller and amending certain laws (hereinafter referred to as the “Consumer Protection Act in Mail Order Sales”).
- The Contract is considered concluded by the acceptance of the Order by the Seller, of which the Buyer is informed by an email notification that the Seller sends to the Buyer without undue delay after receiving the Order and verifying the availability and delivery date of the Goods.
- The acceptance of the Order according to the preceding paragraph contains a unique Order number, the date and time of receipt of the Order in the Seller’s system, the name, quantity, and price of the ordered Goods, the method of delivery, its price, the total price of the Order, payment details for bank transfer, and information on the delivery time of the ordered Goods. Along with the acceptance of the Order, a copy of these GTC is also delivered to the Buyer.
- The Seller determines the order in which Orders are processed.
- The Buyer shall bear the costs incurred by using remote communication tools in connection with the conclusion of the Contract (e.g., costs of internet connection or costs of telephone communication) by himself/herself.
- The Seller addresses any communication related to the Order or the Contract to the email address provided by the Buyer in the Order.
III. Cancellation of the Order and changes to the Contract
- The Buyer may cancel (withdraw) the Order until its acceptance by the Seller, either by telephone or in writing (by email or post). The cancellation of the Order will be confirmed by the Seller to the Buyer by telephone or in writing (by email or post).
- The Buyer may request a change or cancellation of the Order by telephone or in writing (by email or post) even after the Seller’s acceptance of the Order, but always before the dispatch of the Goods. The Seller shall immediately inform the Buyer by telephone or in writing (by email or post) whether it will comply with this request, without prejudice to the Buyer’s right as a consumer to withdraw from the Contract.
- The Seller is entitled to unilaterally cancel the Order if:
- a) it is not possible to accept it due to incorrect information provided on the Order, especially if the Buyer’s email or telephone number is incorrectly stated, or if the information provided by the Buyer in the Order appears obviously incorrect or untrue, or if it is not possible to notify and/or send the Buyer a definitive acceptance of the Order; or
- b) the ordered Goods are no longer manufactured or supplied, or the supplier’s price for the Goods has changed significantly, or due to force majeure, even if the Order has already been definitively accepted. The Seller shall contact the Buyer by telephone or in writing (by email or post) to agree on further steps.
- The Seller shall refund to the Buyer, within 14 days from the cancellation of the Order, all payments already received from the Buyer in connection to the cancelled Order, using the same method of payment as used by the Buyer.
- The Seller is not obliged to enter into the Contract with the Buyer.
IV. Consumer’s right of withdrawal from the Contract
- The consumer is entitled to withdraw from the Contract in accordance with Section 7 of the Act on Consumer Protection in Mail Order Sales.
- The consumer is entitled to withdraw from the Contract within a period of 30 days from the day when they or a person authorized by them (with the exception of the carrier) took possession of the Goods, or the goods that were delivered last if the Goods ordered by the consumer in one Order are delivered separately (hereinafter referred to as the “withdrawal period”), without giving any reason in accordance with Section 7 (1) (a) and (b) of the Act on Consumer Protection in Mail Order Sales.
- The consumer may withdraw from the Contract even before the start of the withdrawal period.
- When exercising the right to withdraw from the Contract, the consumer is obliged to inform the Seller of their decision to withdraw from the Contract by means of an unambiguous statement, either by letter sent to the address Tomášikova 50/E, 831 04 Bratislava or by email sent to the email address firstname.lastname@example.org. For this purpose, the consumer may use the withdrawal form.
- The withdrawal period is considered to be observed if the consumer sends a notice of their exercise of the right of withdrawal from the Contract before the withdrawal period expires.
- The consumer is obliged to send back or hand over the Goods to the Seller no later than 14 days from the day of withdrawal from the Contract to the address Sinokvetná 21, 821 05 Bratislava. The deadline for returning the Goods to the consumer is considered to be observed if the Goods were handed over for transport no later than on the last day of this period. The consumer is obliged to deliver the Goods to the Seller together with accessories including documentation, instructions, warranty certificate, proof of payment, and others.
- The Seller is obliged to return to the consumer, without undue delay and no later than 14 days from the date of receipt of the notice of withdrawal from the Contract, all payments received from the consumer under the Contract or in connection with it, including the costs of transport, delivery, postage and other costs and fees, using the same means of payment that the consumer used for their payment. This does not apply to additional costs if the consumer chose a different type of delivery than the cheapest standard method of delivery offered by the Seller. The Seller is not obliged to return these payments to the consumer until the Goods are delivered to them or until the consumer proves that they have sent the Goods back to the Seller.
- The consumer bears the costs of returning the Goods.
- The Seller bears the costs of returning the Goods if the consumer withdraws from the Contract because the delivered Goods do not have the properties that the consumer expressed interest in, and which correspond to the description provided by the Seller in the e-commerce. The Seller also bears all costs purposefully incurred by the consumer in connection with such the Contract.
- The consumer is only responsible for the decrease in the value of the Goods resulting from such handling of the Goods that is beyond the handling necessary to determine the properties and functionality of the Goods.
- If the consumer withdraws from the Contract without authorization, the Seller will return the Goods to him/her. The costs of returning the Goods are borne by the consumer.
- The consumer cannot withdraw from the Contract in cases specified in Section 7 (6) of the Consumer Protection Act in Mail Order Sales, in particular if the subject of the Contract is:
- the sale of Goods that have been made/modified according to the consumer’s special requirements, Goods made to measure, or Goods specially designed for a particular consumer,
- the sale of Goods that are subject to rapid spoilage or rapid quality reduction,
- the sale of Goods that, due to their nature, may be inseparably mixed with other goods after delivery,
- the sale of Goods in a protective packaging that was damaged after delivery and, for reasons of hygiene or health protection, it is not suitable to return such Goods,
- the sale of sound recordings, image recordings, audio-visual recordings, books, or computer programs, if the consumer has violated/unwrapped their original protective packaging,
- the sale of periodical press, except for sales based on a subscription agreement, and the sale of books not delivered in protective packaging.
V. Price and Payment Conditions
- The prices of Goods in the e-commerce are listed in Euros, including value-added tax according to Slovak legal regulations, unless explicitly stated otherwise. If the Goods are shipped to another country, the value-added tax rate of that country will be applied according to the OSS regime.
- If any other costs are added to the price of the Goods, the Buyer who is a consumer shall be informed of their amount no later than before the Seller sends the Order.
- The Buyer, who is a consumer, shall bear the costs of delivering the Goods through external courier company or its subcontractors at the amount determined in the current delivery price list. The Buyer, who is a consumer, shall be informed of the amount of delivery costs before the Order is sent.
- The Buyer is obliged to pay the purchase price of the Goods and any other agreed costs in advance through the payment gateway GOPAY immediately after sending the Order or by bank transfer to the Seller’s account using the payment details provided by the Seller the acceptance of the Order.
- The Seller is obliged to deliver the tax document, which also serves as a warranty document (warranty certificate), to the Buyer in written or digital form no later than together with the Goods. The Buyer agrees to receive digital invoices and their delivery to the email address provided by the Buyer in the Order.
- The day of payment shall be deemed the day when the entire purchase price is credited to the Seller’s account.
- If the Buyer pays the purchase price for the ordered Goods to the Seller, they are entitled to withdraw from the Contract and request a refund of the purchase price only in accordance with the generally binding legal regulations.
VI. Delivery conditions
- Based on the accepted Order, the Seller is obliged to deliver the Goods to the Buyer in the agreed quantity, quality and within the agreed timeframe after the purchase price for the Goods has been paid, and to pack or prepare it for transport to ensure its protection. The Seller is also obliged to ensure that the delivered Goods comply with the conditions specified by the generally binding legal regulations.
- The Seller is obliged to deliver the Goods to the Buyer within a maximum period of 30 days from the date of payment of the purchase price, i.e., from the day when the entire purchase price was credited to the Seller’s account. In case the Goods are not delivered to the Buyer within this period, the Buyer is entitled to withdraw from the Contract.
- If the Seller is unable to deliver the Goods within the period specified in paragraph 2, the Seller is obliged to contact the Buyer by phone or e-mail, inform him/her of this fact and agree with him/her on further steps, which may include cancelling the Order and returning the payment or extending the delivery period.
- The Seller is obliged to hand over to the Buyer the documents necessary for the acceptance and use of the Goods, and possibly other documents specified by the generally binding legal regulations (warranty certificate, delivery note, tax document) no later than together with the Goods in written or digital form.
- The Buyer is obliged to take over the ordered Goods and confirm the acceptance of the Goods by his/her signature or the signature of a person authorized by him/her in the delivery or transport note.
- The Seller delivers the Goods through a chosen courier company to the countries of the EU.
- The Buyer is obliged to take over the Goods at the place designated as the place of delivery in the Order, if he/she does not agree otherwise with the Seller in writing (by e-mail or post) or by phone.
- The Buyer is obliged to check the Goods immediately after delivery. If the Buyer finds that the Goods are mechanically damaged, he/she is obliged to the courier company or its subcontractors of this fact and check the condition of the Goods in their presence. In case of discovering the damage to the Goods, the Buyer is entitled to refuse to take over the Goods. The Seller will agree with the Buyer on how to handle such a complaint without undue delay.
- The Goods are considered delivered at the moment of physical acceptance of the Goods by the Buyer or a person authorized by him/her, or by refusing to accept the Goods, the courier company will record in the delivery and handover protocol or by not accepting the Goods within the time limit specified by the delivery company.
- The Buyer acquires ownership rights to the Goods only upon full payment of the entire purchase price for the Goods or upon its acceptance, whichever occurs later. The risk of accidental loss or damage to the Goods passes to the Buyer upon acceptance of the Goods.
- Until the transfer of ownership rights from the Seller to the Buyer, who has the Goods in his/her possession, the Buyer has all the obligations of a custodian and is obliged to safely store the Goods at his/her own expense and label it in such a way that it is identifiable as the Seller’s Goods under all circumstances.
VII. Liability for defects, handling of complaints and grievances
- The conditions of warranty for the Goods or the conditions for asserting claims for defects of the Goods purchased by the consumer in the e-commerce are specified in the Complaint Procedure.
- The rights and obligations arising from the assertion of claims for defects of the Goods, as well as the procedure and method of handling these claims, are governed by the relevant provisions of Act No. 513/1991 Coll. Commercial Code and other related legal regulations governing the assertion of claims for defects of Goods between business entities.
- Complaints and grievances of consumers that are not claims for defects are handled by the Seller promptly upon receipt and the consumer is informed of the outcome of their handling within a period of 30 days from the date of receipt, using the same means of communication as were used to deliver them.
VIII. Alternative dispute resolution
- The consumer who believes that their complaint was not handled by the Seller in accordance with the applicable legal regulations or otherwise violated their rights may, under the Act No. 391/2015 Coll., file a proposal for the initiation of alternative dispute resolution.
- Alternative dispute resolution is a procedure of the alternative dispute resolution entity, whose aim is to achieve a peaceful resolution of the dispute between the parties, i.e., between the consumer and the Seller.
- The authority (entity) for alternative dispute resolution, in accordance with the applicable legal regulations, is the Slovak Trade Inspection, Bajkalská 21 / A, 827 99 Bratislava 27, soi.sk, or another authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic, which is available at www.mhsr.sk.
- The consumer can obtain information about the conditions and platform of alternative dispute resolution at: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi.
- The consumer may also file a proposal for the initiation of alternative dispute resolution through the platform for alternative dispute resolution – see Article 14, paragraphs 1 and 2 of the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) (OJ L 165, 18.6.2013). Link to the platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
- The network of European Consumer Centres in the consumer´s country can explain their rights, help them resolve a dispute with a Seller based in another EU country, Iceland, or Norway, and tell them who to contact if they cannot help. The network of European Consumer Centres is a network of independently managed offices co-financed by the European Commission: https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_en#how-ecc-net-works.
IX. Data Protection
- The Seller, when concluding and fulfilling the Contract and when enforcing claims arising from it, or in other activities related to the operation of e-commerce, processes personal data of the Buyer and other persons in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Information is available on the website friiofnorway.eu to properly inform the data subjects about the scope, purpose, and duration of the processing of their personal data.
- If the Buyer provides the Seller with personal data of other persons, he/she must have a valid legal basis for such provision of personal data, the existence of which he/she is obliged to prove to the Seller upon request. The Buyer is also responsible for ensuring that such persons were informed in advance about the provision of their personal data to the Seller, as well as about the information on the processing of personal data by the Seller, which is published on the e-commerce website.
X. Buyer account
- The Buyer is entitled to create a buyer account in the e-commerce, which allows them to store their personal data and the history of ordered Goods and concluded Contracts.
- To create a buyer account, registration of the Buyer is necessary, during which the Buyer is obliged to provide correct and truthful required data and update them in case of any changes.
- Access to the buyer account is secured by a username and password. The Buyer is obliged to keep them confidential and not to provide these data to any third party. The Seller is not responsible for the loss or misuse of these data.
- The Seller reserves the right to cancel the buyer account, especially if it has not been used for more than 1 year, or if the Buyer violates their obligations under the Contract or these GTC.
- The Buyer is entitled to request the Seller to cancel the buyer account at any time by sending a request to email@example.com. The Seller will cancel the buyer account of the Buyer who requested its cancellation within 5 working days of receiving the request.
- The buyer account may not be available continuously, especially regarding necessary maintenance of hardware and software equipment.
XI. Business Partner
- The relationship between the Seller and the Business Partner in the sale of Goods is governed by the provisions of these GTC, except for provisions that explicitly state that they only apply to the consumer. The other provisions of these GTC shall not apply to relationship between the Seller and the Business Partner in the sale of Goods, even if this Article XI of the GTC contains deviating provisions. The provisions of this Article XI of the GTC therefore have priority over other provisions of these GTC in legal relationships between the Seller and the Business Partner in the sale of Goods.
- The Business Partner is obliged to create a Business Partner’s account in the e-commerce, which will allow him/her to store personal data and the history of ordered Goods and concluded Contracts, and to purchase Goods at wholesale prices. The creation of a Business Partner’s account, access to it, its cancellation, and availability are managed appropriately in accordance with the provisions of Article X of these GTC.
- The Seller reserves the right to specify a minimum quantity of one type of Goods that the Business Partner is obliged to include in the Order.
- Wholesale prices of Goods are listed in the e-commerce in EUR, without value-added tax, which will be added to them in accordance with applicable laws.
- The Business Partner shall bear the costs of delivery of the Goods in the amount determined by the Seller in the acceptance of the Order. The costs of delivery of the Goods to the Business Partner depend mainly on the amount of the ordered Goods and the country of delivery.
- The Business Partner is obliged to pay the price of the Goods in advance by bank transfer to the Seller’s account using the payment details that the Seller will send to the Business Partner in the acceptance of the Order unless the Seller and the Business Partner explicitly agree otherwise.
- In further sales of the Goods, the Business Partner is obliged to comply with the recommended retail price set by the Seller for the sale of the Goods to the end consumer (hereinafter referred to as the “RRP”). The Business Partner is entitled to offer the Goods for a lower price than the RRP only if the Goods are marked as “clearance sale,” “discount,” or “promotion,” and the period during which the Business Partner will offer the Goods for a lower price does not exceed 7 calendar days during one calendar month. The Business Partner is entitled to offer the Goods for a price higher than the RRP without further restrictions.
- The Business Partner is entitled to offer the Goods for further sale only in e-commerce and shops that he/she has specified in his/her Business Partner’s account and exclusively to end consumers.
- The Business Partner is not entitled to integrate the Goods into his/her own products or products of third parties or to sell them as part of sets with these products.
- The Business Partner is not authorized to use the trademark, logo, or image of the Goods in any way other than allowed by these GTC.
- The Business Partner is authorized to use the product photographs of the Goods provided by the Seller for the purposes of communication and promotion in retail stores, exhibitions and trade fairs, print advertisements, on his/her websites and on his/her social media pages.
- The Business Partner is exclusively authorized to use the lifestyle photographs of the Goods provided by the Seller for communication on his/her social media pages.
- If the Business Partner violates any of the provisions of these GTC, the Seller is authorized to cancel their Business Partner account and demand a contractual penalty of EUR 5,000. The Seller’s right to compensation for damages is not affected by the payment of the contractual penalty in the preceding sentence.
XII. Final provisions
- The Seller reserves the right to amend these GTC at any time without prior notice. Any changes to these GTC shall become effective on the day of their publication on the website friiofnorway.eu. Legal relationships arising from the Contract shall always be governed by the GTC in force at the time of acceptance of the Order for Goods.
- These GTC are an integral part of the Contract. If the Seller and the Buyer conclude a separate written agreement in which they agree on conditions different from these GTC, the provisions of the Contract shall take precedence over the provisions of these GTC.
- Issues that are not explicitly addressed by these GTC and/or the Contract shall be governed by the legal acts of the Slovak Republic, particularly the Civil Code, the Act on Consumer Protection in Distance Selling, and Act No. 250/2007 Coll. on Consumer Protection and on amendments to Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended, without prejudice to any consumer rights conferred by generally binding legal regulations on consumer protection in the state where the consumer has his/her habitual residence at the time of creating the Order, and in the case of a legal relationship between the Seller and the Buyer who is an entrepreneur, particularly the Commercial Code. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
- Slovak courts have jurisdiction to decide all disputes arising from legal relationships between entrepreneurs. Jurisdiction for claims arising from legal relationships with consumers shall be determined in accordance with generally binding legal regulations.
In Bratislava, April 1, 2023