Trading terms and conditions
in accordance with the provisions of § 273 par. 1 of the Commercial Code no. 513/1991 Coll. as amended and effective (hereinafter referred to as the "Terms and Conditions”)
I. General provisions
Administrator of an online store located at the domain
https://deccurat.com/index.php (“Online store“) is
Seller:
Company name: Deccurat s. r. o.
Registered office: Slobody no. 1189/48, 044 14 Čaňa
ID number: 52 742 130
Tax ID: 2121122575
Registered in: Commercial register of District Court Košice I,
Secction.: Sro, Insert No.: 47607/V
E-mail: management@deccurat.com
Tel. no.: +421903535323, +421949451243
Executive: Ing. Viliam Juhás, Stanislav Turčáni
(“Seller“)
1. The goods sold in the Online Store are high quality products made of metal and steel, such as lamps, wall art, steel roses and other products offered in the Online Store (“Products“ individually “Product“).
2. The buyer is a natural or legal person who orders or purchase the Products from Seller through Online Store and which has filled in the electronic order and sent it electronically to order the Product. (“Buyer“).
3. A consumer is a natural person who does not order Products offered through Online Store for the purpose of its resale to other persons, or a natural person who does not act within the scope of his business activity or performance of employment or occupation when concluding and fulfilling a purchase contract. (“Consumer“).
4. Business relations between Seller and Buyer established by an order in Online Store according to point 5 of the Business Conditions are governed by these Business Conditions, which are binding for both parties.
5. Electronic order ("Order") means an electronic form located on the website of Online Store sent by Buyer electronically for the purpose of ordering Products, which contains, among other things, information about Buyer according to point 7 of Terms and Conditions.
6. Accepting Order by Seller, a sale contract is concluded between Seller and Buyer ("Contract").
II. Order
7. The condition for the validity of Order is the completion of the form with data, i. true and complete completion of the required personal data, namely name, surname, residential address, telephone number and e-mail address. If Order does not contain the requirements listed in the previous sentence, it is considered incomplete, respectively indefinite.
8. Seller reserves the right to cancel Order or part thereof if:
a) Order cannot be confirmed in a binding manner (e.g. inability to send a reply (acceptance) to the e-mail address specified by the Buyer in Order; or
b) Buyer does not respond to a request from Seller; or
c) Order is incomplete or indeterminate; or
d) it was not possible to confirm Order; or
e) If the total price for the Products, including postage costs, has not been paid by Buyer to Seller; or
f) Seller is unable to ensure the delivery of Product ordered by Buyer for technical reasons.
9. Buyer completes Order by clicking on the appropriate button. Before clicking on the relevant button, the Buyer is obliged to get acquainted with these Terms and Conditions and confirm this notification by clicking on the appropriate button.
10. By sending Order by Buyer, it is considered binding.
11. Seller shall immediately send to Buyer a confirmation e-mail about the accpetance of the Order. By delivering Seller's e-mail to Buyer's e-mail address stating that Seller has received the Order, the Order is considered accepted, thus creating Contract concluded at a distance between Seller and Buyer.
12. Consumer declares that he has been fully informed that he may withdraw from this Contract within 14 days of receiving the Product pursuant to § 7 par. 1 of Act no. 10/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance or off-premises contract of the seller and on the amendment of certain laws, and at the same time that he was acquainted with the form of Withdrawal form the Contract, which is part of these Terms and Conditions.
III. Price and delivery costs
13. The price of the Products is listed on the website of Online Store.
14. Seller reserves the right to unilaterally change the prices of Products. The final price for Buyer is stated in Order confirmation.
15. Seller may provide a discount on offered Products, which will be listed on the website of the Seller's Online Store.
16. An invoice is attached to Products purchased by Buyer from Seller. Buyer agrees that alternatively Seller is entitled send to Buyer an electronic invoice to his e-mail address.
IV. Payment options
17. Seller accepts payment for Products only by bank transfer to Seller's account in the form of IBAN: SK05 8330 0000 0026 0173 5749
18. If the price for Products is not paid in full, the Seller is entitled to stop or interrupt any delivery of Products to Buyer.
I. Terms of delivery and acceptance of Products
19. Seller sends Products to Buyer only after successful payment of the sale price by transferring funds to the Seller's account in accordance with Article IV of these Terms and Conditions.
20. Products are sent by Seller to the address entered by the Buyer, via email through
a) Slovak Post (Slovenská pošta a.s.)
21. The costs connected with the delivery of Products are generally borne by Buyer. In the case of an Order is over the amount of 50 EUR, Seller will pay the costs connected with the delivery of Products.
22. Seller supplies Products without territorial restriction.
23. In the case that the ordered Products cannot be shipped, Seller will immediately inform Buyer by the email.
24. Immediately after taking Product, the Buyer is obliged to inspect Product for damage or defects and inform Seller if he finds out anything wrong with it.
II. Complaints
25. Buyer is entitled to complain about the Products in accordance with the Complaints Procedure published on the website of Online Store.
III. Processing of personal data
26. Seller processes the personal data of third parties, in particular the Buyers or persons who have registered or logged in (hereinafter referred to as "Registered Persons") on the Internet shop portal (hereinafter referred to as the "Portal"), in accordance with applicable data protection legislation. in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 ("Regulation") and Law No. 18/2018 Coll. on the Protection of Personal Data and on the Amendment of Certain Acts as Amended and Effective (hereinafter referred to as the “Personal Data Protection Act”).
27. Sending Order by Buyer, or the Registered Person by clicking on the "Register" button when registering on the Seller's Portal, the Buyer confirms that the personal data provided by him in the range of name, surname, telephone number, e-mail address, residential address are accurate and true. The processing of the above personal data is performed by the Seller on a legal basis: the processing of personal data is necessary for the performance of the contract to which the Seller and the Buyer are parties, resp. The registered person or to carry out the measure before concluding such a contract on the basis of the Buyer's request, resp. Registered person, in accordance with the provisions of Art. 6 par. 1 letter b) Regulations. The method of processing personal data is their collection, storage, provision and other methods of processing necessary for invoicing purposes, as well as the fulfillment of rights and obligations arising from the contract between the Seller and the Buyer, respectively. The Seller to the e-mail address of the Buyer, resp. Registered person. For the purpose of making an electronic payment in accordance with these Business Terms and Conditions, the Buyer's data on his payment card may also be processed to the necessary extent. The buyer, resp. The registered person bears full responsibility for damages caused by incorrectness or outdated personal data provided by him.
28. Seller is entitled to process personal data beyond the scope specified in point 33 of the Terms and Conditions, and the processing of which is not compatible with the legal basis stated in the same point of the Terms and Conditions, only on the basis of prior consent provided by the Buyer, resp. By a registered person voluntarily and for a predetermined purpose, scope and duration of processing. The buyer, resp. The registered person has the right to revoke the consent granted in writing at any time, and the revocation is effective on the day of its delivery to Seller.
29. Seller undertakes not to use or provide personal data outside the scope necessary for the exercise of rights and fulfillment of obligations related to the sale of Products through the Online Store and ensuring its operation.
30. Seller undertakes to take all steps leading to ensuring the highest possible level of protection of the Buyer's personal data, resp. Registered persons before their unlawful processing.
31. Seller pursuant to the provisions of Art. 13 par. 1 of the Regulation provides the Buyer, resp. The following information to the Registered person:
a) identification data of Seller are stated in point 1 of this Terms and Conditions,
b) the purpose as well as the legal basis for the processing of personal data is stated in point 28 of the Terms and Conditions,
c) Seller retains personal data for the period of existence of the registration on the Online shop, otherwise in accordance with special legal regulations,
d) Both the Buyer and the Registered Person have the right to request access to their personal data from the Seller, the right to correct their personal data, the right to delete their personal data or the right to restrict personal data, the right to object to the processing of personal data and the right to portability personal data,
e) Buyer, as well as the Registered Person, may suspect that his personal data are unauthorizedly processed, submit to the Office for Personal Data Protection of the Slovak Republic a proposal to initiate proceedings on personal data protection pursuant to § 100 of the Personal Data Protection Act.
Information on the rights of the affected person - the Buyer, resp. Registered person: The person providing personal data (hereinafter also "affected person") has within the meaning of Art. 15 to Art. 21 and Art. 34 Regulations of law in accordance with the following points of the Terms and Conditions.
Right of access to personal data: The data subject has the right to obtain from the Seller a confirmation as to whether personal data concerning him are being processed. The data subject has the right to access this data and the information specified in point 45 of the Terms and Conditions.
Right to correct personal data: The data subject has the right to have the Seller correct incorrect personal data concerning him without undue delay. With regard to the purpose of the processing of personal data, the data subject has the right to supplement incomplete personal data.
Right of clearness (right to "forget"): The data subject also has the right to obtain from the Seller without undue delay the erasure of personal data concerning him, and the controller is obliged to erase personal data without undue delay if any of the following reasons is met:
a) personal data are no longer required for the purpose for which they were obtained or otherwise processed; or
b) affected person withdraws the consent on the basis of which the processing of personal data is carried out and there is no other legal basis for the processing of personal data; or
c) affected person objects to the processing of personal data and there are no legitimate grounds for processing personal data or the data subject objects to the processing of personal data for the purpose of direct marketing; or
d) personal data are processed illegally; or
e) the reason for deletion is the fulfillment of an obligation under the Personal Data Protection Act, a special regulation or an international agreement by which the Slovak Republic is bound; or
f) personal data have been collected in connection with the provision of information society services.
Right to restrict processing: affected person has the right for the Seller to restrict the processing of personal data if:
a) affected person objects to the accuracy of personal data during the period enabling the Seller to verify the accuracy of the personal data processed; or
b) the processing of personal data is illegal and the data subject objects to the deletion of the personal data and calls instead for restrictions on their use; or
c) the seller no longer needs personal data for the purpose of processing personal data, but the data subject needs them to assert a legal claim; or
d) affected person objects to the processing of personal data, until it is verified whether the legitimate reasons on the part of the Seller outweigh the legitimate reasons of the data subject.
e) affected person, whose processing of personal data is restricted, the Seller is obliged to inform before the restriction of personal data processing is lifted.
Notification obligation in connection with the correction or deletion of personal data or restrictions on processing: Based on the provisions of Art. 20 of the Regulation, the Seller is, if the affected person so requests, obliged to inform the affected person about the recipients to whom the Seller has notified the correction of personal data, deletion of personal data or restrictions on the processing of personal data.
Right to data transfer: The affected person has the right to obtain personal data concerning him and which he has provided to the Seller, in a structured, commonly used and machine-readable format, and has the right to transfer this personal data to another operator.
Right to object to the processing of personal data: The affected person has the right to object to the processing of his or her personal data on the grounds of his or her specific situation on a legal basis because the processing of personal data is necessary to fulfill a public interest task or because the processing is necessary for the purpose of the legitimate interests of the Seller or a third party, including profiling based on these provisions. The seller may not further process personal data unless he demonstrates the necessary legitimate interests for the processing of personal data which outweigh the rights or interests of the affected person or the reasons for asserting a legal claim. The affected person has the right to object to the processing of personal data concerning him or her for the purpose of direct marketing, including profiling, to the extent that it relates to direct marketing.
Right to report a personal data breach: In the event of a personal data breach that is likely to lead to a high risk to the rights and freedoms of individuals, the Seller shall, without undue delay, notify the personal data breach to the affected person.
Provision of information to the affected person:
a) Seller is obliged to provide the affected person, upon his request, with information pursuant to Art. 13, Art. 15 to Art. 21 and Art. 34 Regulations concerning the processing of her personal data. He is obliged to provide the information in paper or electronic form, usually in the same form in which the application was submitted. If the affected person so requests, the Seller may also provide the information orally, if the affected person proves his / her identity in another way. When exercising the rights under Art. 15 to Art. 21 of the Regulation, the obligation to provide the affected person with co-operation.
b) Seller is obliged to provide the affected person with the information according to point 1 of the Business Conditions within one month from the delivery of the request. In justified cases, the Seller may, in justified cases with regard to the complexity and number of applications, extend this period by another two months, even repeatedly. Seller is obliged to inform the affected person of any such extension within one month of receipt of the request, together with the reasons for the extension.
c) Administrator provides information according to point 1 of the Terms and Conditions free of charge.
d) If the request of the affected person is manifestly unfounded or disproportionate, in particular because of his recurring nature, the Seller may charge a reasonable fee taking into account the administrative costs of providing information or a reasonable fee taking into account administrative costs of notification or a reasonable fee taking into account administrative costs. act on request.
32. Use of cookies
Cookies are small text files stored in the Buyer's terminal equipment, resp. A Registered Person (hereinafter referred to as the “Terminal Equipment”), which is stored in this equipment and accessed by the Seller through the operation of the Portal. Through cookies, the Portal stores information about the Buyer's preferences and settings. The storage of cookies streamlines and speeds up the work and use of the Portal.
Cookies do not contain malicious computer programs, malware or spyware.
The Portal uses temporary cookies, which are stored on the Terminal Equipment only during one visit to a specific website. These files will be automatically deleted from the Terminal Equipment after closing the selected Internet browser.
The Portal also uses persistent cookies, which are stored on the Terminal Equipment in order to:
a) memorization of specific phrases that were entered into the Portal search engine,
b) memorization the visited places of the Portal and finding out which pages and functions users use most often,
c) memorization the ratings and comments that users enter into the Portal,
d) provision of information necessary for web analysis and statistics (which pages were visited, how long time was spent on them, date and number of individual visits to the Portal, time interval of use, etc.),
e) ensuring and simplifying the use of user settings.
Seller does not pass on the information obtained from cookies to third parties and at the same time Seller is not responsible for third party cookies.
If the Registered Person does not log in to the Portal via login data, his personal data is not processed via cookies.
You can use the Internet browser to reject cookies, set the use of only certain cookies or delete them completely from the Terminal Equipment.
In the event that cookies are not used, Buyer shall not be liable for incorrect functioning of the Portal on the Terminal Equipment, caused by the refusal to use cookies.
IV. Copyright law
33. Products are in accordance with §3 of Act no. 185/2015 The Copyright Act a work to which all provisions on the protection of works and copyrights in the sense of this Act apply.
V. Applicable law, jurisdiction and alternative dispute resolution
34. Seller and Buyer undertake to settle all disputes arising from their legal relationship by conciliatory negotiations in order to avoid possible litigation. If Seller and Buyer do not reach an agreement through out-of-court negotiations, they will resolve their disputes before the competent court of the Slovak Republic.
35. Legal relations not expressly regulated by the Contract or the Terms and Conditions are governed by the provisions of the valid legal regulations of the Slovak Republic in the valid and effective wording.
36. Alternative dispute resolution:
a) The purpose of this provision of this Terms and Conditions is to inform the Consumer about the possibilities and conditions of alternative dispute resolution between Seller and Consumer.
b) Alternative dispute resolution is the procedure of the ADR entity, the aim of which is to reach an amicable settlement of the dispute between its parties, i. between Seller and Consumer. Consumer can resolve his dispute with Seller through alternative dispute resolution.
c) Institution of alternative dispute resolution is, in accordance with generally binding legal regulations, the Slovak Trade Inspection, to which Consumer may turn.
d) Consumer may inquire about the conditions and the ADR platform at: http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi
e) Consumer may also submit a proposal for the initiation of alternative dispute resolution through the European Alternative Dispute Resolution Platform (RSO) pursuant to Art. 14 par. 1 and 2 of Regulation (EU) No 524/2013 of 21 May 2013 on the resolution of consumer disputes online, amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation) (OJ L 165, 18.6.2013).
f) In accordance with the above regulation, Seller makes reference to the possibilities of using the European RSO Platform: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
VI. Final provisions
37. The business relationship between the Seller and the Buyer is in its entirety subject to the regime of these Business Conditions, the legal order of the Slovak Republic, in particular the provisions of Act no. 513/1991 Coll. Of the Commercial Code as amended, even if the Buyer is a national of a country other than the Slovak Republic. In the event that the consumer is a participant in the legal relationship, the relevant provisions of Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws, Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll., Act no. 351/2011 Coll. on electronic communications, as amended, and Act no. 40/1964 Coll. Of the Civil Code as amended, Act no. 185/2015 Copyright Act Coll. even if the Buyer is a national of a country other than the Slovak Republic.
38. If any provision of the Terms and Conditions is invalid, ineffective or unenforceable, the other provisions of the Terms and Conditions shall remain in force and effect.
39. The Slovak Trade Inspection Authority pursuant to Act of the Slovak National Council no. 71/1986 Coll. on the Slovak Trade Inspection.
40. All documents and other shipments that Buyer will deliver to Seller, Buyer is obliged to deliver in person or by registered mail, courier company or e-mail to Seller's address listed on Seller's website, unless otherwise stated in these Terms and Conditions.
41. Contract concluded at a distance between the Seller and the Buyer is governed by these Business Conditions of the Seller. Terms and Conditions for the Buyer or the Registered Person become effective and binding on the day of registration of the Registered Person on the Seller's Portal or by ordering a specific Product.
42. Registered person, in particular the Buyer, by registering on the Seller's Online Store website or sending the Order confirms that he has read the Seller's Terms and Conditions, which are available on the Seller's Online Store website, understands, agrees with and undertakes to abide by these Terms and Conditions .
43. Terms and conditions have been prepared by the Seller and are valid and effective from 01.08.2020.
Consumer protection supervisory authority:
Slovak Trade Inspection
Inspection. for Bratislava region
Prievozská no. 32, 820 07 Bratislava
Supervision department
Tel. no. 02/58 27 21 72, 02/58 27 21 04
Fax no. 02/58 27 21 70
WITHDRAWAL FORM
fill in and send this form only if you wish to withdraw from the contract
to whom:
Company name: Deccurat s. r. o.
Registered office: Slobody no. 1189/48, 044 14 Čaňa
ID no.: 52 742 130
Tel.: +421903535323, +421949451243
e-mail: management@deccurat.com
I hereby declare that I am withdrawing from the contract for this Product (description of the Product purchased from the Seller):
Order no.*:
Date of Order*:
Acceptance date*:
Name and Surname/Company name*:
Address*:
I would like to return the amount for the returned Product to*:
bank account / IBAN /: SK
|
Date*:
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Buyers signature: |
*necessary data