Conditions Générales de Vente (CGV)
TERMS AND CONDITIONS
1. These business terms and conditions provide for the rights and duties of contracting parties arising from the conclusion of a distance purchase contract between a seller and a buyer, the subject of which is the sale and purchase of the goods through the online store www.olejarsafety.com.
2. These business terms and conditions constitute an integral part of the purchase contract specified in Article 1(1) of these business terms and conditions.
3. The subject of these business terms and conditions is the definicion of right and obligation of the contracting parties arising from this contract and the given information according to § 3 par. 1 of Act No. 102/2014 about protection of consumer´s rights when selling the goods or services by distance or off-premises contract, as amended.
4. These business terms and conditions have been prepared under
a) Act No. 40/1964 Z. z. Civil Code, as amended,
b) Act No. 250/2997 about protection of consumer´s rights,
c) Act No. 102/2014 about protection of consumer´s rights when selling the goods or services by distance or off-premises contract, as amended,
d) Act No. 391/2015 on alternative dispute resolution for consumer disputes,
e) Act No. 513/1991 Coll. the Commercial Code, as amended.,
f) Act. Act No. 22/2003 Coll. on Electronic Commerce and on Amendment and Supplementation to Act No. 128/2002 Coll. on State Control of Internal Market in Consumer Protection Matters and on Amendment and Supplementation to Certain Acts as amended by Act No. 284/2002 Coll., as amended.
5. y sending an order, the buyer acknowledges that he has thoroughly acquainted himself with the business terms and conditions and he has understood their content.
6. Before concluding the purchase contract, the contracting parties may agree to change these terms and conditions, thus guaranteeing the equality of the contracting parties.
Definition of terms
1. The seller means an operator of www.olejarsafety.com online store:
Business name: OLEJÁR, spol. s r.o.
Reg. registered in the Commercial Register of Prešov District Cour, Section: Sro,
File No. 16631/P
Registered Office: Priemyselná 4265, Bardejov 085 01
Reg. No.: 36 509 531
Tax No.: 202206639
VAT No.: SK202206639
Represented by: Marián Olejár, directive
mob.: +421 905 560 158
2. The buyer is a physical person or a legal entity, who buyes products as a consumer or entrepreneur.
3. The buyer consumer is a physical person, who in concluding and performing the contract does not act within the scope of his business, employment or occupation.
4. Consumer contract is every contract regardless of legal form, concluded between a seller and consumer.
5. The buyer entrepreneur is accordin to Commertial Code:
a) a party registered in the Companies Register,
b) a party conducting business pursuant to a Trading License,
c) a party conducting business pursuant to an authorization other then Trading License pusruant to special legislation,
d) an individual engaged in agriculture, who is entered in a register according to the special legislation.
6. A distance contract is contract between seller and consumer, that is negotiated and concluded with the exclusive use of one or more means of distance communication, such as website, e-mail, telephone, fax, adressed letter or catalog.
7. The subject of the purchase contract consists in the purchase of the goods offered by the seller by means of online store for research and scientific purposes only.
8. The supervisory authority is:
Slovak Trade Inspection
Inspection for Prešov Region
adress: Obrancov mieru 6, 080 01 Prešov 1
tel.č. 051/772 15 97
Conclusion of the purchase contract
1. A list of products on the www.olejarsafety.com internet store website is a catalogue of commonly delivered products, while its availability is stated for each product separately, or will be confirmed by the seller based on the buyer's demand.
2. If the buyer has special requirements for the offered goods, it is necessary to contact the seller in advance by e-mail. Based on such a request, the seller will prepare a special price offer, which is considered as a proposal to conclude a purchase contract. For goods made according to individual requirements of the buyer, the so-called custom-made goods, the special conditions laid down in these terms and conditions and the relevant legislation may apply.
3. Products offered by the seller can be ordered through the seller`s website, email or phone.
4. When purchasing through the online store, the buyer proceeds by placing the selected goods in the basket by clicking "Add to the basket". After completing the shopping, by clicking on the shopping cart it will take you to the subpage of the shopping cart, where after summarizing the selected goods, the buyer chooses the method of transport, method of payment and whether he/she is interested in installation. Subsequently, after clicking on "place an order", the buyer fills in the billing data and chooses the purchase with or without registration. The order will be confirmed by clicking on "Order with obligation to pay". The buyer has the opportunity to check the order before sending, and possibly correct it.
5. When purchasing via e-mail, it is necessary to send the order to firstname.lastname@example.org. The order must contain the following information:
- Name and surname of the buyer
- Postal address for delivery of goods
- Phone number and email
- The order code of the goods or the exact name of the goods
- Number of pieces from each item of goods
- Date of issue of the order
- Method of payment for goods
- Method of transport and receipt of goods
and in the case of a legal person also:
- VAT number of the company
- Contact person and telephone
- Billing address (if different from shipping address).
The condition for the validity of the order is the completion of all the above data.
6. An order placed by phone must be confirmed by e-mail.
7. An order made through any means of distance communication is binding.
8. By sending the order the buyer confirm, that he was familiar with fact, that the order implies an obligation to pay the price.
9. After a binding order has been received, the seller will confirm the conclusion of the purchase contract on a durable medium. The purchase contract is considered concluded by the delivery of confirmation. Such a concluded contract is binding. It can be amended or terminated only on the basis of an agreement between both contracting parties or for legal reasons.
10. The purchase contract concluded between the seller and the buyer is archived by the seller for the period of at least five years in order to successfully perform it and to fulfil his duties arising from special legal regulations. Third non-interested parties do not have access to the purchase contract.
Rights and duties of contracting parties
1. The subject of the purchase contract consists in the rights and duties of contracting parties.
2. The seller is mainly obligated
a) to provide the buyer consumer with all the information according to § 3 par. 1 of Act No. 102/2014 about protection of consumer´s rights when selling the goods or services by distance or off-premises contract, as amended.
a) pack the goods for the transport so that the goods will not be damaged,
b) deliver the goods to the buyer to the place of delivery in the proper and timely manner,
c) deliver to the the buyer, not later than with the delivery of the goods, any documents necessary for the proper takeover and use of the goods in compliance with relevant legislation.
3. The seller has a right to get paid the purchase price in the proper and timely manner.
4. The buyer is mainly obligated
a) to take over the goods in the place of delivery in the proper and timely manner,
b) pay the seller an agreed purchase price within maturity period, including the costs of the delivery of the goods, unless contracting parties have agreed that the seller bears the costs of the delivery of the goods,
c) confirm in the delivery note the receipt of the goods by his signature or by the signature of the person authorized by him.
5. The buyer has a right for delivering the goods properly and in time.
Price of the goods or a service
1. Prices of individual products on the www.olejarsafety.com online store website are current and valid. The prices include value added tax (VAT) at statutory rate and any other taxes.
2. Final price is a summary price stated on an order form shortly before a binding order is sent, including any fees (e.g. postage).
3. The seller is bound by his offer, including price, for the whole time of publication the goods on his website. The seller guarantee the delivery of goods for price, that was stated on his website at the time of ordering.
4. Installation and assembly is not part of the purchase price, and will be calculated individually.
5. An invoice (a tax document), which will be sent to the buyer in the electronic form together with confirmation of the dispatch of consignment after payment, is a document about the sale, including price.
Shipping and handling
1. The costs of delivery of the goods shall be paid by the buyer, unless otherwise agreed between the contracting parties.
2. The costs of delivery of goods in the Slovak Republic are quantified in the order, while the buyer can choose from the following methods of delivery:
- Personal pick-up
3. The costs of delivery of the goods abroad will be calculated individually based on the weight of the goods.
1. The buyer is obligated to pay the seller a purchase price agreed in the purchase contract, including the costs of the delivery of the goods.
2. The buyer can pay the purchase price as follows:
Cash on delivery
The buyer pays the price for the ordered goods only upon receipt from the courier. With this method of payment, we charge the price of the cash on delivery to the price of the order, which is included in the price of the order.
A payment in advance by a bank transfer
The buyer pays on the basis of confirmation of his order. If the buyer does not pay for the goods ordered within 10 days of the confirmation of his order, the seller is entitled to withdraw from the purchase contract.
An online payment with credit card
An online payment through PayPal
1. The seller undertakes to dispatch the ordered goods to the buyer within 30 days of the confirmation of order. Goods that are in stock will be shipped within 3 working days.
2. If the goods cannot be shipped within the above term, contracting parties can agree on an additional performance period. Delivery term depends on the place and method of delivery. The buyer will be notify about shipment by e-mail.
3. The buyer is obligated to take the goods over in the place stated in the order or through an authorised person.
4. A carrier is liable for damage from the moment the goods have been handed over to the carrier for transport. Therefore, the buyer or a person authorised by him is obligated, when taking the goods over, to inspect whether the packaging, in which the goods are packed, is damaged. If it is, the goods must not be taken over or a record must be prepared together with the carrier or the goods can be taken over and a record of identified defects caused during the transport must be prepared with the carrier. In case the buyer takes the goods over despite obviously damaged packaging, the seller does not have to accept eventual later complaints for this reason.
5. The risk of damage is transferred to the buyer at the time when he takes the goods over or if he does not do so on time, at the time when he can dispose of the goods.
6. If the buyer will notice any damage on the goods, he shall inform the buyer by e-mail to email@example.com.
7. Upon receipt of the goods, the buyer or a person authorized by him is obliged to sign the delivery note.
Acquire of ownership and transfer of the risk to damage of goods
1. The buyer consumer acquires the ownership of the goods at the moment of taking delivery at place that was selected in order. The buyer entrepreneur will not acquire the ownership until the full payment is payed.
2. The risk to damage of goods is transfered to the buyer at the moment, when he takes delivery from seller, or if he doesn´t take delivery at time, the risk to damage is transfered to the buyer at the moment, when the seller enabled him to do so.
Withdrawal from contract
1. Withdrawal from contract is govern in compliance to Act No. 102/2014 about protection of consumer´s rights when selling the goods or services by distance or off-premises contract, as amended.
2. The consumer has a right to withdraw from contract without giving any reason within 14 days from delivering the goods.
3. The goods are considered to have been taken over by the consumer at the moment when the consumer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if
a) the goods ordered by the consumer in one order are delivered separately, at the moment of taking over the goods that were delivered last,
b) delivers goods consisting of several parts or pieces, at the moment of taking over the last part or the last piece,
c) delivers the goods repeatedly during a specified period, at the time of taking over the first goods delivered.
4. The consumer has a right to withdraw from contract even before the period for withdrawal from contract starts to move on.
5. The consumer hasn´t right to withdraw from contract, subject to which is
a) the provision of a service, where the provision of the service began with the express consent of the consumer and the consumer has stated that he has been duly informed that, by giving his consent, he loses the right to withdraw from the contract after full provision of the service;
b) the sale of goods made to the consumer's special requirements, custom-made goods or goods intended specifically for one consumer (custom-made goods),
c) sale of goods which, due to their nature, may be inextricably mixed with other goods after delivery,
and in other cases provided by law.
6. The consumer shall inform the seller of his decition to withdraw from contract by letter send to OLEJÁR, spol. s r.o., Priemyselná 4265, Bardejov 085 01 or e-mail to firstname.lastname@example.org. The consumer may also use the model withdrawal form.
7. The consumer shall have exercised his right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by the consumer before that period has expired.
8. Unless the seller has offered to collect the goods himself, the consumer shall send back the goods without undue delay and in any event no later than 14 days from the day on which he has communicated his decision to withdraw from the contract to the seller. The deadline shall be met if the consumer sends back the goods before the period of 14 days has expired.
The consumer shall send back/hand over the goods to the seller´s address:
OLEJÁR, spol. s r.o.
Priemyselná 4265, Bardejov 085 01
9. The consumer may send back the goods, that is not damaged, destroyed or otherwise worn out, because of the treatment beyond the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. The consumer shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
10. The seller shall reimburse all payments received from consumer, including, if applicable, the costs of delivery and other costs and fees without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer´s decision to withdraw from the contract. The trader shall carry out the reimbursement referred to in the first subparagraph using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur fees as a result of such reimbursement.
11. The contracting parties may agree, that instead of reimburseing all payments the seller will change the returned product for another product from his catalogue in responding value.
12. In case of withdraw from contract, subject to which is sale of goods, the seller may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest, unless the seller has offered to collect the goods himself.
13. The seller shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader.
14. In case of withdrawal from the contract the consumer shall pay the costs for returning goods to seller and in case of long distance contract also the costs for returning goods that considering the nature of goods can not be delivered by post.
15. Seller reserves the right to not accept the goods that is deliverd to him that required to pay for delivery.
16. Withdrawal from the contract by buyer entrepreneur is govern in compliance to Commertial Code.
17. The seller is entitled to withdraw from contract in case he is not able to deliver the goods to buyer, mainly due to sell out or unavailability of goods.
1. Legal relation, that are created between seller and buyer regarding to usage of this website are governd in compliance to legal system of Slovak Republic.
2. The participants of the legal relationship agree that in case of dispute is the jurisdiction granted to the courts of the Slovak Republic.
3. In case of dispute between seller and consumer, the consumer is entitled to contact the seller with request to correct his action, if consumer is not satisfied with way his compliance was resolved or with his other action. Request for correction may be send by e-mail to email@example.com or by post. If the seller respond to the request negatively or doesn´t respond at all within 30 days, the consumer has a right to file a motion to start alternative dispute resolution /ADR/ process to one of ADR entity.
4. ADR procedure regulation is govern in compliance to Act No. 391/2015 ADR.
5. The consumer may file a motion to start ADR to one of ADR entity. List of ADR entities is govern by Ministry of Interior of Slovak Republic (http://www.economy.gov.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s), while one of them is Slovak commertial inspection (www.soi.sk).
6. The consumer may file a motion also throught ADR platform in EÚ by filling the online application on http://ec.europa.eu/consumers/odr/index_en.htm. Right to choose one of ADR subjects is on consumer.
7. The right to seek for dispute resolution by one of ADR entity has only consumer.
8. ADR may apply only to disputes resulting from consumer distance contract.
9. ADR entity may reject the proposal in statutory cases, for example if the valuse of case does not exceed 20 eur or if the consumer file a motion after the expiry of 1 year period from day he recieved the seller´s negative statement or vain expiration of the 30 days period for responce.
10. ADR procedure shall be free. ADR entity may require a fee to start a procedure maximum 5 eur.
11. ADR entity proceed in alternative dispute resolution to resolve the dispute as quickly as possible, to avoid unnecessary delays, act efficiently and without unnecessary and disproportionate burden on the parties or other persons; if possible, he uses phone or e-mail to communicate.
12. ADR entity terminates ADR within 90 days from its initiation. In particularly difficult cases the entity may extended the period by another 30 days, also repeatedly. ADR entity is obliged to inform the parties about every extention with a reason for extention.
13. If the parties will not come to an agreement and ADR entity will come to a conclution upon the facts revealed during procedure, that the seller breached consumer´s fights, he will end alternative dispute resolution with non-biding reasoned statement.
Liability for defects and complains
1. The seller´s liability for defects and conplains are governed by the relevant provisions of complaint procedure adopted by the operator and published on the www.olejarsafety.com website.
Validity of the contract
1. The purchase contract is concluded for a definite periot of time, until both parties fullfill their obligations resulted from this contract and terms and contidions.
Personal data protection
1. The operator processes the information on the persons (buyers) concerned under GDPR and Act No. 18/2018 Coll. on Personal Data Protection, as amended.
2. The terms and conditions of the processing of personal data by the operator are specified on the www.olejarsafety.com website in a "Personal data protection" section.
1. These business terms and conditions are valid in the wording stated on the www.olejarsafety.com online store website on the day of the sending of the buyer`s order, unless contracting parties agree otherwise.
2. The operator reserves the right to amend these business terms and conditions anytime if it is required by a change in business policy or applicable legislation.
3. These business terms and conditions have been prepared by Lanikova Group, s.r.o. law firm for the seller, while they are protected by Act No. 618/2003 Coll. The Copyright Act, as amended. It is prohibited, without the author`s consent, to use this author`s work in any way, particularly, but not limited to, copying, publishing, amending, modifying, disseminating and misusing it otherwise.
4. These business terms and conditions go into force and effect on 15 June 2020.