General terms and conditions of the company:
i2 – industrial innovations, s.r.o.
established: Dubodiel 240 913 23 Dubodiel
VAT NUMBER: SK2120559595
registered in OR OS Trenčín, Section: Ltd., Insert No. 35054/R
for the sale of goods through an online www.i-industry.com
The seller is entitled to change or supplement the terms and conditions unilaterally. The seller notifies the user of the change of terms and conditions via the online store and/or by e-mail message to the user's e-mail address entered in the e-shop database. This provision shall be without prejudice to the rights and obligations of the Contracting Parties arising during the period of validity of the preceding version of the Terms and Conditions. These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the trading company i2 – industrial innovations, s.r.o. with registered office at: Dubodiel 240 913 23 Dubodiel, company id: 51006880, registered in the Commercial Register of the District Court Trenčín, Section: Sro, Insert No. 35054/R , E-mail: firstname.lastname@example.org Telephone: +421911124636 (hereinafter referred to as "seller" or "operator")further regulates the mutual rights and obligations of the parties incurred in connection with or under the purchase contract (hereinafter referred to as the "purchase contract")concluded between the seller and another natural person (hereinafter referred to as "buyer" ) through the seller's online store and on the basis of orders sent by e-mail and by telephone. The online store is operated by the Seller on a website located at the www.i-industry.com (hereinafter referred to as the "Website")through the interface of the website (hereinafter referred to as the "Web Interface of the Store").
- A provision different from the terms and conditions can be negotiated in the purchase contract.
- The different arrangements in the sales contract take precedence over the provisions of the Terms and Conditions.
- The provisions of the Terms and Conditions are an integral part of the purchase contract.
- Definition of certain basic terms in the Terms and Conditions:
(a)"Online store"means a computer program – an internet application that is available on the Internet through an Internet address, the main functionality of which is the display, selection and ordering of goods by the user;
'Consumercontract' means a salescontract where the parties are, on the one hand, the supplier and, on the other hand, the consumer;
c) "Seller" (supplier) a person who, when concluding and performing a consumer contract, acts within the scope of his business or other business. It is an entrepreneur who offers or sells products to the consumer or provides services, as well as an entrepreneur who, directly or through other entrepreneurs, supplies the product to the buyer;
(d) "Consumer"(buyer) means a person who buys products or uses services for personal use or for members of his household and who, when concluding and performing a consumer contract, does not act in the course of his trade or other business;
(e) A buyer who is not a consumer is a person who, when concluding and performing a purchase contract, acts in the course of his trade or other business or in the exercise of an independent profession;
f) Conclusion of the purchase contract – the buyer's order represents a proposal for the conclusion of the purchase contract. The purchase contract itself is concluded at the moment of delivery of the seller's binding consent to the draft purchase contract to the buyer, i.e. a binding confirmation of the order by the seller. From this point on, mutual rights and obligations arise between the Seller and the Buyer, which are defined by the purchase contract and these Terms and Conditions;
g)"Operator" means i2 – industrial innovations, s.r.o. with registered office at: Dubodiel 240 913 23 Dubodiel, ID: 51006880, registered in the Commercial Register of the District Court Trenčín, Section: Sro, Insert No. 35054/R
(h)" Goods" means an item owned by the seller offered by the seller for sale; and, where the goods are offered, a licence to use the item;
2. CONCLUSION OF THE PURCHASE CONTRACT
2.1 All presentation of goods located in the web interface of the store is informative and the seller is not obliged to conclude a purchase contract in respect of these goods.
2.2 The web interface contains information about the offered goods and services, customer requirements are handled individually, a tailor-made quotation is prepared. according to the selected parameters of the customer's product. Prices of goods and services are shown without VAT, to which VAT of 20% is added for Slovak entities. If the business partner has an active registration of a VAT number for a company abroad, the invoice is issued without VAT. The prices of goods and services remain valid for as specified in the quotation or by means of communication in the commercial award. This provision does not limited the possibility for the seller to conclude a purchase contract with the buyer on individually agreed terms.
3.4. The ordering of goods or services is considered to be confirmation of the quotation by the customer by e-mail, telephone or oral form.
3.6 The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of purchase price, anticipated transport costs), to ask the buyer for additional confirmation of the order (e.g. in writing, by email or telephone).
3.7 The contractual relationship between the Seller and the Buyer arises upon receipt of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, or by phone or orally.
3.8 The Buyer has the right to withdraw from the contract for any reason or without giving any reason until the price offer is confirmed. Withdrawal from the purchase contract is also considered to be the legal procedure of the seller, when the seller notifies the buyer that the goods ordered by him cannot be delivered. In the event of withdrawal from the purchase contract by the seller under this point of the Terms and Conditions, the seller returns the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase contract, in the same way that the seller received them from the buyer. Goods and services tailored to specific customer requirements cannot be cancelled after order confirmation. In this case, the seller may charge the services and purchased goods for this order, or an aliquoise part.
3.9 The Buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are borne by the buyer himself.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1 The Buyer has the right to choose from the payment options offered by the Seller.
4.2 Together with the purchase price, the Buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, it is understood that both the purchase price and the costs associated with the delivery of the goods are also understood.
4.3 If any of the payment methods contains information about the costs of execution of such payment, the User is obliged to bear the costs of carrying out this payment.
4.4 The Seller reserves ownership of the goods which are the subject of the purchase contract until the purchase price for the goods in question has been fully paid by the buyer.
4.5 Unless otherwise stated, the Seller generally does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provision of point 4.8 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.6 In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods, unless stated or agreed otherwise with the Buyer. In the case of non-cash payment, the purchase price is payable 14 days from the conclusion of the purchase contract, unless stated or agreed otherwise with the buyer.
4.7 In case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the indication of the variable symbol of payment by the designated seller. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the seller's account.
4.8 The Seller is entitled, especially if:
- there will be no additional confirmation of the order by the buyer (section 3.6 of the Terms and Conditions), or
- in circumstances worthy of special consideration (e.g. emergency, emergency, quarantine measures, non-standard market situation or problems on the delivery market),
require the buyer to pay the entire purchase price before sending the goods to the buyer.
4.9 The Seller has the right to grant the Buyer a discount on the price of the goods.
4.10 If this is customary in the course of trade, or if provided for by generally binding legal regulations, the seller will issue a tax document – an invoice to the buyer regarding payments made under the purchase contract. Tax document – the invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address.
4.11 In case of delay by the Buyer with payment of the agreed purchase price, the Seller is entitled to demand from the Buyer the payment of interest for late payment, i.e. for each day after the due date of the invoice equal to 0.01% of the price of the Subject of Performance. In addition to the claim for interest for late payment, the Seller is entitled to compensation for damages incurred by the Seller in connection with the delay in payment of the Buyer in full. Delay in payment of the charged price by the Buyer is considered a violation of the Purchase Contract.
5. TRANSPORT AND DELIVERY OF GOODS
5.1 If the mode of transport is agreed upon at the specific request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
5.2 If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods on delivery.
5.3 If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or otherwise than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
5.4 When taking the goods from the carrier, the Buyer is obliged to check the intactness of the packaging of the goods and in case of any defects, to notify the carrier without delay. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the buyer does not have to take the shipment from the carrier. This is without prejudice to the buyer's rights under liability for defects in goods and other rights of the buyer arising from generally binding legal regulations.
5.5 The Seller undertakes to deliver the goods to the User according to his operational possibilities within the period agreed in the quotation, other communication or purchase contract.
5.6 The risk of loss, damage and/or destruction of the goods that are the subject of the purchase contract passes to the buyer, who is the consumer, at the moment of receipt of the goods by the buyer.
5.7 The risk of loss, damage and/or destruction of the goods which are the subject of the purchase contract passes to the person who is not a consumer at the moment of delivery of the goods to his hands.
5.8 Other rights and obligations of the parties in the carriage of goods may be modified by the seller's special delivery terms, if issued by the Seller.
6. WITHDRAWAL FROM THE PURCHASE CONTRACT
6.1 (See section 3.8 ) The Buyer has the right to withdraw from the contract until the price offer is confirmed, for any reason or without giving any reason. Withdrawal from the purchase contract is also considered to be the legal procedure of the seller, when the seller notifies the buyer that the goods ordered by him cannot be delivered. In the event of withdrawal from the purchase contract by the seller under this point of the Terms and Conditions, the seller returns the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase contract, in the same way that the seller received them from the buyer. Goods and services tailored to specific customer requirements cannot be cancelled after order confirmation. In this case, the seller may charge the services and purchased goods for this order, or an aliquoise part.
6.2 In the event of withdrawal from the purchase contract pursuant to point 5.1 of the Terms and Conditions, the Seller returns the funds received from the Buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same way that the seller received them from the Buyer. If the Buyer withdraws from the purchase contract after binding confirmation of the quotation in any of the above forms (oral, e-mail, telephone..), the seller is not obliged to return the received funds to the buyer.
6.3 The seller is entitled to unilaterally offset the claim for payment of damage incurred on the goods against the buyer's claim for a refund of the purchase price.
6.4 If a gift is given together with the goods to the Buyer, the donation agreement between the seller and the Buyer is concluded with the binding condition that if the buyer withdraws from the purchase contract, the donation contract for such gift loses its effectiveness and the buyer is obliged to return the gift provided together with the goods to the seller.
6.5 In accordance with Section 7(6) of the ZOSND, the Buyer may not withdraw from the contract, the object of which is:
- the sale of goods manufactured in accordance with the specific requirements of the consumer, of custom-made goods or of goods intended specifically for one consumer,
- the sale of goods enclosed in protective packaging which are not suitable for return for reasons of health or hygiene reasons and whose protective packaging has been infringed after delivery,
- the sale of phonograms, video recordings, sound-visual recordings, books or computer software sold in a protective packaging, where the packaging has been unpacked by the consumer,
- the provision of electronic content other than on a tangible medium, where its provision has commented with the express consent of the consumer and the consumer has stated that he has been duly instructed that, by expressing such consent, he loses his right of withdrawal.
- the sale of goods which, at the time after the conclusion of the contract and the receipt of the goods from the seller to the buyer, were assembled, assembled or used in such a way that their restoration by the seller is not possible without increased effort and increased costs, e.g. composite or assembled furniture, etc.
7. RIGHTS FROM COMPLAINT PERFORMANCE, Complaint
7.1 The rights and obligations of the parties with regard to claims rights are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 499 to 510, Sections 596 to § 600 and Sections 619 to 627 of the Civil Code and Act No. 250/2007 On Consumer Protection and on amendments to the Act of the Slovak National Council No. 372/1990 On Offences as amended).
7.2 The Seller shall be liable to the Buyer that the goods have no defects on receipt. This does not apply if the subject of the purchase contract is goods with deficiencies, which the seller is, if known to him, or, taking into account all the circumstances, should have been known to him, obliged to notify the buyer before concluding the purchase contract. In particular, the seller shall correspond to the buyer that at the time when the buyer takes over the goods:
(a) the goods have characteristics which have been agreed by the parties and, in the absence of such an agreement, have characteristics which the seller or manufacturer has described or expected by the buyer, having regard to the nature of the goods and the advertising relating to those goods;
(b) the goods are fit for the purpose which the seller puts out for their use or for which goods of the same kind are normally used;
(c) the goods correspond to the quality or design of the agreed sample or master if the quality or execution of the goods has been determined according to the agreed sample or master,
(d) the goods are in the corresponding quantity, measure or weight, and
(e) the goods comply with the requirements of the legislation.
7.3 Defects must be applied by the Buyer to the Seller without undue delay, up to a maximum of 7 days. The Buyer is entitled to exercise the right of complaint performance within twelve (12) months from its receipt of the goods. If the goods sold, their packaging, the instructions attached to the goods or advertising in accordance with other legislation state the period for which the goods can be used, the provisions on the quality guarantee (Sections 616 to 618 of the Civil Code) shall apply. By guaranteeing quality, the seller undertakes that the goods will be fit for use for the usual purpose for a certain period of time or that he will retain the usual characteristics. If the buyer has rightly pulled out the defect of the goods to the seller, there is no time limit for exercising the rights from the claim performance or warranty period for the period for which the buyer cannot use the defective goods. In the case of prototype production, for an application that did not previously exist, the product/service was tailored, the buyer accepts possible deviations in the characteristics or behaviour of the materials from which the prototype was made.
7.4 It is not for the buyer to have the right to claim if the buyer knew before taking over the goods that the goods had a defect or if the buyer himself caused the defect.
7.5 The rights of liability for defects of goods apply to the Seller. However, if the confirmation (warranty card) issued by the seller to the buyer regarding the extent of the rights from liability for defects of the goods indicates another person designated for repair, which is closer at the seller's place or place for the buyer, the buyer shall exercise the right to rectification with whoever is designated to carry out the repair. Except in cases where another person is designated to carry out the repair according to the previous sentence, the seller is obliged to accept the claim in any establishment in which acceptance of the claim is possible with regard to the range of products sold or services provided, or even at the registered office or place of business. The seller is obliged to issue the buyer with a written confirmation of when the buyer has exercised the right, what is the content of the complaint and what method of handling the claim the buyer requires; and further confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated by the seller to carry out the repair.
7.6 The Buyer is entitled to exercise the rights of the claim with the Seller, in particular at the address of his registered office and/or establishment, by e-mail at – email@example.com; by phone at +421 911124636. The moment of claim is considered to be the moment when the seller receives the claimed goods from the buyer.
7.7 The Buyer shall notify the Seller of the right of claim he has chosen when notifying the defect or without undue delay after notification of the defect. The buyer cannot change the choice made without the seller's consent; this does not apply, requested if the buyer repairs a defect that turns out to be irreparable.
7.8 (a) If the goods do not have the characteristics set out in point 7.2 of the Terms and Conditions, the Buyer may also require the delivery of new goods without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only the part of the goods, the buyer may only require the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defects, especially if the defect can be corrected without undue delay, the buyer has the right to remedy the defect free of charge.
b) The buyer has the right to deliver new goods or replace the part even in the event of a removable defect, if the goods cannot be properly used due to the recurrence of the defect after repair or because of a larger number of defects. In such a case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to supply new goods without any adgings, to replace its part or to repair the goods, he may demand a reasonable discount.
c) The buyer has the right to a reasonable discount even if the seller cannot deliver new goods to him without defects, replace his part or repair the goods, as well as if the seller does not remedy it within a reasonable time, or if securing redress to the buyer would cause significant difficulties.
7.9If the Buyer has legitimately exercised the right to claim within the period specified in Ust. § 599 of the Civil Code and within this period he has notified the seller of the necessary costs incurred in exercising the right to claim performance, then he is also compensated for these costs.
7.10 a) The claim of the goods, including the elimination of defects of the given goods, must be settled without undue delay, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. At the end of this period, the buyer has the same rights as if there were a material violation of the purchase contract.
b) The time limit for the settlement of the complaint does not expire if the seller has not received from the buyer all the documents necessary for the settlement of the given complaint, until the given documents are delivered.
c) After proper handling of the complaint, the seller or the entity designated by him will invite the buyer to take over the repaired goods.
7.11 The claim for the claim of the goods ceases in the event of improper assembly or improper commissioning of the goods, as well as in the case of improper handling of the goods, i.e. especially when using the goods in conditions that do not correspond to the parameters specified in the documentation of the goods.
7.12 Other rights and obligations of the parties related to the Seller's liability for defects may be modified by the Seller's Complaints Policy.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 The Buyer acquires ownership of the goods by paying the full purchase price of the goods to the Seller.
8.2 The handling of consumer complaints is ensured by the seller via the electronic address firstname.lastname@example.org. Information on the equipment of the buyer's complaint will be sent by the seller to the buyer's electronic address.
8.3 The Buyer – consumer – has the right to contact the seller with a request for redress via the electronic address email@example.com; if he is not satisfied with the way in which the seller has handled his claim or if he considers that the seller has violated his rights. If the seller responds to this request negatively or does not respond to it within 30 (thirty) days of its dispatch, the consumer has the right to submit a proposal to initiate an alternative dispute resolution by the alternative dispute resolution entity (hereinafter referred to as the "ADR Entity") pursuant to Act No. 391/2015 Of the Alternative Dispute Resolution of Consumer Disputes and on amendments to certain laws (hereinafter referred to as"ZoARS") "). ADR entities are authorities and authorized legal entities pursuant to § 3 of the ZoARS. An application for the commencement of an alternative dispute resolution may be made by the consumer in the manner determined pursuant to § 12 of the ZoARS.
8.4 The consumer may also lodge a complaint through the ODR alternative dispute resolution platform, which is available online at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
8.5 Alternative dispute resolution can only be used by a consumer – a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business, employment or profession. Alternative dispute resolution concerns only a dispute between a consumer and a seller arising out of a consumer contract or relating to a consumer contract. Alternative dispute resolution concerns only distance contracts. Alternative dispute resolution does not concern disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay an alternative dispute resolution fee up to a maximum of EUR 5 incl. VAT.
9. PROTECTION OF PERSONAL DATA
10.1 The Operator hereby informs the User that he processes the User's cookies, including persistent cookies, and the User hereby grants consent to their processing for the purpose specified in section 9.2 of the Terms and Conditions. Consent under the previous sentence is granted for a period of 2 years. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract are fulfilled without the processing of cookies, the buyer may withdraw the consent according to the previous sentence at any time.
10.2 The Operator processes the User's cookies for personalization of content and advertisements, use of social media functions and traffic analysis. The operator shares information about how the user uses the online store with his social media, advertising and analytics partners.
11. FINAL PROVISIONS
11.1 These Terms and Conditions as well as the Sales Contract are governed by the law of the Slovak Republic. If the relationship established by the sales contract contains an international (foreign) element, then the parties negotiate that the relationship is governed by Slovak law. The choice of right under the preceding sentence is not deprived of the protection granted to the consumer by provisions which cannot be derogated from and which, in the absence of a choice of law, would otherwise be used under Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.2 If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, a provision shall be in place of the invalid provisions, the meaning of which shall be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall be without prejudice to the validity of the other provisions.
11.3 By sending the order to the Seller, the Buyer confirms that he has read and fully agrees with these Terms and Conditions.
11.4 These Terms and Conditions take effect from 22.7.2017
In Dubodiel on 22.7.2017