General terms and conditions
These General Terms and Conditions (hereinafter referred to as “Business Terms”) are issued:
D.I.S. Trade s.r.o.
Trstín 702, 91905 , Slovakia
phone +421 910 914 296
(hereinafter referred to as the “Seller”)
These Terms and Conditions govern the mutual rights and obligations of the seller and the natural person who signs the purchase agreement outside of his business as a consumer or in the course of his business (hereinafter referred to as the “Buyer”) via the web interface located on the www.allsort website. sk (hereinafter referred to as the “internet shop”).
Business terms and conditions are an integral part of the purchase contract. The redemption arrangement in the purchase agreement takes precedence over the provisions of these terms and conditions.
These Terms of Business and the Purchase Agreement are concluded in the Slovak language.
Product and price information
Information on goods, including the price of individual goods and their main features are listed for individual goods in the online store catalog. The prices of the goods are stated including value added tax, all associated fees and the cost of returning the goods if such goods can not be returned by their usual postal route. Product prices remain in effect for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.
All the presentation of goods placed in the e-commerce catalog is informative and the seller is not obliged to enter into a purchase contract with respect to these goods.
The online store discloses information on the costs associated with the packing and delivery of goods.
Any discounts on the purchase price of goods can not be combined with each other if the seller does not agree otherwise with the buyer.
Ordering and concluding a purchase contract
Costs incurred by the buyer in the use of remote means of communication in connection with the conclusion of the purchase contract (costs of the Internet connection, telephone call costs) are borne by the buyer himself. These costs are not different from the basic rate.
The buyer executes the order of the goods in the following ways:
through his customer account, if he has previously registered in the online store,
by filling in the order form without registration.
When placing an order, the buyer selects the goods, the number of pieces of goods, the way of payment and delivery.
Before sending an order, the buyer is allowed to check and modify the data he has placed in the order. An order will be sent by the buyer to the seller by clicking the SEND THE PAYMENT ORDER ORDER. The details given in the order are considered correct by the seller. The condition of the order is to fill in all required data in the order form and confirm the buyer that he has become acquainted with these terms and conditions.
As soon as the order has been received, the seller will send the buyer an acknowledgment of receipt of the order to the email address the buyer entered on the order. This acknowledgment is considered to be a contract. Attachment of the acknowledgment is the current business terms of the seller. The purchase contract is closed by the seller’s confirmation of the order to the buyer’s email address.
If any of the requirements specified in the order can not be met by the seller, the buyer will send a modified offer to his / her email address. The revised offer is considered as a new draft purchase agreement and the purchase contract is then closed by the buyer’s confirmation of receipt of the offer to the seller to his email address given in these terms and conditions.
All orders received by the seller are binding. The buyer may cancel the order until the buyer receives a notice of acceptance of the order by the seller. The buyer can cancel the order by phone on the seller’s phone number or by e-mail to the seller’s email, both listed in these terms and conditions.
In the event of a clear technical error on the part of the seller when placing the price of the goods in the online store or during the order, the seller is not obliged to deliver the goods to the buyer for this totally manifestly erroneous price even if the buyer has been sent an automatic acknowledgment of receipt orders under these business terms. The seller will inform the buyer of the error without undue delay and will send the buyer a modified offer to his / her email address. The redenomed offer is considered to be a new draft purchase agreement and the purchase contract is then closed by the buyer’s receipt to the vendor’s email address.
Based on the buyer’s registration made in the online store, buyers can access their customer account. From your customer account, the buyer can order the goods. Buyer can also order goods without registration.
When signing up for a customer account and ordering goods, the buyer is required to provide all the information correctly and truthfully. The details given in the user account are obligatory for the buyer to update upon any change. The details given by the buyer in the customer account and the ordering of the goods are considered by the seller to be correct.
Access to the customer account is secured by a user name and password. Buyer is required 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.
The buyer is not authorized to allow the use of the customer account for third parties.
The seller may cancel the user account, especially if the buyer does not use his user account for longer or if the buyer breaches his obligations under the purchase contract and these terms and conditions.
The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the seller, necessary maintenance of hardware and software equipment of third parties.
Payment terms and delivery
The buyer may pay the price of the goods and any costs associated with the delivery of goods under the purchase contract in the following ways:
By payment card through the Gopay or Paypal.com payment gateway
Together with the purchase price, the buyer is obligated to pay the seller the costs associated with the packaging and delivery of the goods at the contractual amount. Unless otherwise expressly stated hereinabove, the purchase price also includes the cost associated with the delivery of the goods.
In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.
In the case of payment through a payment gateway, the buyer proceeds according to the instructions of the respective electronic payment provider.
In the case of a non-cash payment, the buyer’s obligation is to pay the purchase price at the moment of crediting the relevant amount to the seller’s bank account.
The seller does not require a prepayment or other similar payment from the buyer in advance. Payment of the purchase price before shipment is not a backup.
Under the Sale of Goods Act, the seller is obliged to issue a cash receipt to the buyer. At the same time, it is required to register the received revenue with the tax administrator online, in the event of a technical outage, then within 48 hours at the latest.
The goods are delivered to the buyer:
to the address specified by the buyer in the order
by means of a dispenser of dispatches to the address of the dispenser designated by the buyer,
personal collection at the vendor’s premises.
The choice of delivery method is made during the ordering of the goods.
Costs of delivery depending on the method of dispatch and receipt of the goods are stated in the buyer’s order and in the order confirmation to the seller. If the mode of transport is agreed upon by a buyer’s special request, the buyer bears the risk and possible additional costs associated with this mode of transport.
If the seller under a purchase contract 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 of buyer’s need, the goods are to be delivered repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
When the goods are taken over 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 the event of a violation of the package indicating unauthorized entry into the consignment, the buyer is not required to take over the consignment from the carrier.
The seller will issue a tax invoice to the buyer – an invoice. The tax document is sent to the buyer’s email address. The buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for accidental loss, damage or destruction of goods occurs to the buyer at the moment of taking over the goods or when the buyer was obliged to take over the goods but did not do so in contravention of the purchase contract.
Withdrawal from the contract
A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract without giving any reason.
The withdrawal period is 30 days
from the date of receipt of the goods,
from the day of receipt of the last supply of the goods if the subject of the contract is several types of goods or the delivery of several parts
from the date of receipt of the first delivery of the goods if the subject of the contract is a regular repeated delivery of the goods.
The buyer can not, inter alia, withdraw from the purchase contract:
on the provision of services if they have been fulfilled with his prior explicit consent before the expiry of the withdrawal period and the seller has informed the purchaser, prior to the conclusion of the contract, that he has no right to withdraw from the contract and full service,
the supply of goods or services the price of which depends on financial market fluctuations, irrespective of the seller’s will and which may occur during the withdrawal period,
on the supply of alcoholic beverages whose price was agreed upon at the time of conclusion of the contract which can only be delivered after thirty days and whose price depends on market fluctuations independent of the seller’s will,
the delivery of goods which has been modified according to the buyer’s wish, custom-made goods or goods specifically intended for one buyer,
the supply of goods subject to rapid misuse and goods which have been irreversibly mixed with other goods after their delivery,
the supply of goods in a sealed container which is not suitable for return for reasons of health or hygiene and whose protective packaging has been damaged after delivery,
for the supply of phonograms, image recordings, sound recordings, books or computer software if sold in a protective package and the buyer unpacked it,
the supply of newspapers, periodicals or magazines, with the exception of sales on the basis of a subscription agreement and the sale of books not supplied in a protective package,
to deliver electronic content other than on a physical carrier if its provision has begun with the express consent of the purchaser and the buyer has declared that he has been duly instructed to lose his right of withdrawal by expressing such consent,
in the other cases mentioned in § 7 par. 6 of Act no. 102/2014 Z.z. on the protection of the consumer in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller in the wording of the worsening regulations.
In order to comply with the withdrawal period, the buyer must send a cancellation notice within the withdrawal period.
In order to withdraw from a purchase contract, the buyer may use the sample withdrawal form provided by the seller. The buyer resigns from the purchase agreement to the seller’s email address or delivery address specified in these terms and conditions. The seller will acknowledge receipt of the form without delay.
The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 30 days of withdrawal. Buyer will bear the costs associated with the return of the goods to the seller, even if the goods can not be returned by their normal postal delivery.
If the buyer withdraws from the contract, the seller shall return it immediately, but no later than within 30 days of withdrawal, all cash, including delivery costs received from him, in the same manner. The seller will only return the money received to the buyer in another way if the buyer agrees and does not incur any additional costs.
If the buyer opts for a non-cheapest way of delivering the goods the seller offers, he will return the buyer to the buyer the cost of delivering the goods at the rate corresponding to the lowest-priced delivery method offered.
If the buyer withdraws from a purchase contract, the seller is not obliged to return the money received to the buyer before the buyer handles the goods or shows that he has sent the goods to the seller.
The goods must be returned by the buyer to the seller undamaged, unencumbered and unpolluted and, if possible, in the original packaging. The right to compensation for damages incurred on the goods is the seller entitled to unilaterally offset against the buyer’s claim for repayment of the purchase price.
The seller is entitled to withdraw from the purchase contract due to the sale of the goods, the unavailability of the goods or when the manufacturer, importer or supplier of the goods interrupted the production or importation of the goods. The seller immediately informs the buyer via the email address stated in the order and returns all funds, including delivery costs, received by him under the contract, in the same manner or in the manner specified by the buyer, within 14 days of the notice of withdrawal from the purchase contract.
Rights from defective performance
Seller agrees to the buyer that the goods have no defects when downloading. In particular, the seller is responsible for the buyer that at the time the buyer took over the goods:
goods have properties that the parties have negotiated, and if there is a lack of arrangement, it also has properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertisers’
the goods are fit for the purpose for which they are used by the seller or to which goods of this type are normally used,
the goods correspond to the quality or the performance of the agreed sample or original if the quality or design was determined according to the agreed sample or original,
the goods are in the appropriate quantity or weight and
the goods comply with the requirements of the legislation.
If the defect occurs within six months of receipt of the goods by the buyer, the goods are deemed to have been defective already upon receipt. The buyer is entitled to claim the rights to a defect that occurs on consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which the reduced price was agreed for wear and tear of the goods caused by its normal use, for used goods for a defect corresponding to the rate of use or wear and tear the goods had at the buyer’s receipt, from the nature of the goods.
In the event of a defect, the buyer may submit a claim to the seller and require:
if it is a defect that can be removed:
free removal of defects of goods,
replacement of goods for new goods,
if it is a defect that can not be eliminated:
an appropriate discount on the purchase price,
to withdraw from the contract.
The buyer has the right to withdraw from the contract,
if the goods have a defect which can not be eliminated and which prevents the thing from being properly used as a thing without a defect,
if he can not properly use the goods for repeated defects or defects after repair,
if he can not use the proper goods for a large number of goods.
The seller is obliged to accept a complaint at any establishment where the claim is accepted, or at the place of business or place of business. The consumer can also claim the claim with the person designated by the seller. If the consumer’s claim is rectified by the person designated by the seller, he can only dispose of the complaint by handing over the repaired goods, otherwise the claim will be dispatched to the seller. The seller is required to provide the buyer with a written confirmation of when the buyer has exercised the right, the content of the claim and the way the complaint is claimed, as well as a confirmation of the date and method of claiming the claim, including the confirmation of the repair and the duration of the repair, rejection of the claim.
If the consumer claims, the seller or employee or designated person is obliged to instruct the consumer about his rights resulting from defective performance. On the basis of a consumer’s decision that claims arising from defective performance are exercised, the Seller or designated agent or designated person is required to determine how the claim will be rectified immediately, in complex cases no later than three working days after the date of the advertisement, in justified cases, if a complex technical assessment of the condition of the goods is required, no later than 30 days after the date of application of the complaint. . After determining the way the complaint is handled, the complaint, including the removal of the defect, must be rectified immediately, and in justified cases the complaint may be reclaimed later. However, the complaint handling, including the removal of a defect, may not take longer than 30 days from the date of the claim. A slight expiration of this period is considered a substantial breach of contract and the buyer has the right to withdraw from the sales contract or has the right to exchange goods for new goods. The moment when the claim is made is the moment when the buyer’s will (representation of the right of defective performance) occurs to the seller.
The seller shall inform the buyer in writing of the outcome of the claim, no later than 30 days after the date of the claim.
The right of defective performance of the buyer is not the case if the buyer knew before the takeover of the thing that the matter was flawed or if the buyer caused the defect himself.
In the event of a legitimate claim, the buyer is entitled to a refund of the expense incurred in connection with the claim. This right may be claimed by the buyer at the seller within one month after the expiration of the warranty period.
Choosing the way of claiming and its equipment, if there are several options, has the buyer.
The rights and obligations of the parties regarding the rights of defective performance are governed by Sections 499 to 510, Sections 596 to 600 and Sections 619 to 627 of Act No. 40/1964 Coll. The Civil Code as amended and the Act no. 250/2007 Coll., On Consumer Protection, as amended.
Other rights and obligations of the parties related to the seller’s liability for defects are governed by the seller’s claim rules.
The Contracting Parties may communicate all written correspondence by electronic mail.
Buyers deliver the correspondence to the seller at the email address given in these terms and conditions. The seller delivers to the buyer the correspondence to the email address given in his customer account or in the order.
All arrangements between Seller and Buyer are governed by the laws of the Slovak Republic. If the relationship established by the purchase agreement 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 under generally binding legislation.
The seller is not bound by any code of conduct in relation to the buyer in accordance with the provisions of Act no. 250/2007 Z.z. on consumer protection in the wording of the WFD.
All rights to the Seller’s website, in particular the copyright of the content, including the layout of the site, 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 its part without the Seller’s consent.
Seller is not responsible for any errors resulting from third-party interference with the online store or as a result of its use contrary to its intended purpose. Buyers may not use procedures that may have a negative impact on their operation and may not engage in any activity that could allow them or third parties to tamper with or misuse software or other components of the online business and use the Internet shop or its parts or software in a way that would be contrary to its purpose or purpose.
The purchase contract, including business conditions, is archived by the seller in electronic form and is not publicly available.
The sales terms may be changed or supplemented by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
An example of the terms of the contract is the template for withdrawal.
These Terms and Conditions shall enter into force on 08 August 2020