TERMS AND CONDITIONS
TERMS AND CONDITIONS
trading company Ladislav Husár - INTEGRA
with registered office Malé Stankovce 237, 913 11, Slovensko
identification number: 43739946
entered in the commercial register Okresný úrad Trenčín, číslo 350-25004
for the sale of products and services through an online store located at an internet address www.brakelight.eu
1. Introductory provisions
1.1. These business conditions (hereinafter referred to as "business conditions") of the company Ladislav Husár - INTEGRA, with its registered office at Malé Stankovce 237, 913 11, identification number: 43739946, entered in the commercial register kept by the Trenčín District Office, number 350-25004 (hereinafter referred to as the "seller ") Regulate in accordance with the provisions of § 1751 par. 1 of Act no. 89/2012 Coll., Civil Code, as amended (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "Buyer") through the seller's online store. The internet shop is maintained by the seller on the website located at the internet address www.brakelight.eu (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").
1.2. The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.3. Provisions different from the business conditions can be agreed in the purchase contract. Different agreements in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Slovak language. The purchase contract can be concluded in the Slovak language.
1.5. The wording of the terms and conditions may be amended 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.
2. User account
2.1. Upon registration of the buyer on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering the goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not entitled to allow the use of the user account by third parties.
2.5. The seller may cancel the user account, in particular if the buyer does not use his user account for more than [period of time], or if the buyer breaches his obligations under the purchase agreement (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, respectively. with regard to the necessary maintenance of third party hardware and software.
3. Conclusion of the purchase contract
3.1. The entire presentation of the goods placed on the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provision of § 1732 par. 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual types of goods and the cost of returning the goods, if these goods by their nature can not be returned by regular mail. The prices of the goods are stated including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually negotiated conditions.
3.3. The web interface of the store also contains information on the costs associated with packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Slovak Republic..
3.4. To order the goods, the buyer fills in the order form in the web interface of the store. The order form contains mainly information about:
3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. methods of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Order with payment obligation" button. The data provided in the order are considered correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example by e-mail).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the received order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
3.8. The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
4. Price of goods and payment terms
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
- in cash at the seller's premises at Malé Stankovce 237, 913 11, Slovakia;
- cashless through the paypal payment system;
4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The seller does not require a deposit or other similar payment from the buyer. This is without prejudice to the provision of Art. 4.6 of the business conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash, or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the time of crediting the relevant amount to the seller's account.
4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provision of § 2119 par. 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8. If this is customary in business relations or if it is so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is not a payer of value added tax. Tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's email address.
5. Withdrawal from the purchase contract
5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the wishes of the buyer or his person, from the purchase contract for the delivery of perishable goods, also for goods that have been irretrievably mixed with other goods after delivery, from the purchase contract for the delivery of goods in a sealed package, which the consumer has removed from the packaging and for hygienic reasons cannot be returned, and from the purchase contract for the delivery of audio or video recording or computer program if it broke their original packaging.
5.2. If this is not the case referred to in Art. 5.1 of the business conditions or in another case where it is not possible to withdraw from the purchase contract, the buyer has in accordance with the provisions of § 1829 par. 1 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which is attached to the terms and conditions. Withdrawal from the purchase contract may be sent by the buyer to the address of the seller's business or to the seller's e-mail address firstname.lastname@example.org.
5.3. In case of withdrawal from the purchase contract according to Art. 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. In the event of withdrawal from the purchase contract by the buyer, the buyer bears the costs associated with returning the goods to the seller, even if the goods can not be returned due to their nature by regular mail.
5.4. In case of withdrawal from the purchase contract according to Art. 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer, in the same manner as the Seller received them from the Buyer. The seller is also entitled to return the funds provided by the buyer when returning the goods to the buyer or in any other way, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
5.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
5.6. In cases where the buyer has in accordance with the provisions of § 1829 par. 1 of the Civil Code the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift loses effect and the buyer is obliged to return it together with the goods. also the gift provided.
5.8. The right to withdraw from the contract and return the goods ceases to the buyer even if he used the goods, installed them, and electronically connected them to the motorcycle.
6. Transport and delivery of goods
6.1. If the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. In the event that 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 upon delivery.
6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
6.4. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of observation of a damaged package indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be regulated by special delivery conditions of the seller, if they are issued by the seller.
7. Defective performance rights
7.1. The rights and obligations of the contracting parties with regard to the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).
7.2. The seller is responsible to the buyer for ensuring that the goods are free of defects upon receipt. In particular, the seller is liable to the buyer for the fact that at the time when the buyer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the seller or manufacturer, having regard to the nature of the goods and the advertising made by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
7.2.4. the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.
7.3. The provisions referred to in Art. 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear of the goods caused by their normal use, used goods for a defect corresponding to the degree of use or wear of the goods when taken over by the buyer, or if results from the nature of the goods.
7.4. The rights arising from defective performance are exercised by the buyer with the seller at the address of its operation, in which the acceptance of a complaint is possible with regard to the range of goods sold, or at the registered office or place of business.
7.5. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
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.
8.2. The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of § 1826 par. 1 letter e) of the Civil Code.
8.3. The handling of consumer complaints is provided by the seller via the electronic address email@example.com. The seller will send information on the handling of the buyer's complaint to the buyer's e-mail address.
8.4. The relevant Slovak Trade Inspection, with its registered office at Bajkalská 21 / A, 827 99 Bratislava, is designated for the out-of-court settlement of consumer disputes arising from the purchase contract.
8.5. The European Consumer Center in the Slovak Republic, with its registered office at Mlynské nivy 4924 / 44A, 82715 Bratislava, internet address: https://esc-sr.sk/ is a contact point pursuant to Regulation (EU) No 182/2011 of the European Parliament and of the Council. 524/2013 of 21 May 2013 on online dispute resolution for consumers and amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
8.6. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The area of personal data protection is supervised by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
8.7. The buyer hereby assumes the risk of a change of circumstances in accordance with § 1765 par. 2 of the Civil Code.
9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act no. 101/2000 Coll., On the protection of personal data, as amended.
9.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as "personal data").
9.3. The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations of the purchase contract and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business notices to the buyer. Consent to the processing of personal data in full under this Article is not a condition that would in itself prevent the conclusion of a purchase contract.
9.4. The buyer acknowledges that he is obliged to state his personal data (when registering, in his user account, when ordering created from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay of any change in his personal data.
9.5. By processing the personal data of the buyer, the seller may entrust a third party as a processor. Apart from the persons transporting the goods, personal data will not be sold to third parties by the seller without the prior consent of the buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.
9.7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
9.8. In the event that the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data, which is contrary to the protection of privacy and personal life of the buyer or contrary to law, especially if personal data are inaccurate with respect to the purpose of their processing may:
9.8.1 ask the seller or processor for an explanation,
9.8.2 require the seller or processor to remedy the situation thus created.
9.9. In the event that the buyer requests information about the processing of his personal data, the seller is obliged to sell this information. The seller has the right to demand an appropriate payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
10. Sending business notifications and storing cookies
10.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial notices by the Seller to the electronic address of the Buyer.
10.2. The buyer agrees to impose the so-called cookies on his computer. In the event that the purchase on the website can be made and the obligations of the seller arising from the purchase contract can be fulfilled without the imposition of the so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
11.1. It can be delivered to the buyer to the buyer's email address.
12. Notice to buyer
12.1. Under no circumstances connect the module to a light on the motorcycle other than the additional brake light on the upper trunk of the motorcycle for which the BrakeLight module is intended.
12.2. Check the approvals and regulations for the use of electronic accessories, motorcycle brake light warning modules in your country and at the place of use of the motorcycle, as the use of brake lights may be restricted in some countries.
12.3. You are responsible for complying with the laws of the country where you use the motorcycle. Installation and use is entirely at the customer's discretion.
13. Final provisions
13.1. If the relationship established by the purchase contract contains international (foreign) elements, then the parties agree that the relationship is governed by Slovak law.
13.2. By choosing the law according to Art. 12.1 of the Terms and Conditions, the consumer is not deprived of the protection afforded to him by the provisions of the legal order, from which it is not possible to deviate, and which would otherwise apply in the absence of a choice of law under the provisions of Art. 6 par. 1 Regulation (EC) No 1/2003 of the European Parliament and of the Council 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
13.3. If certain provisions of the Terms and Conditions are or become invalid or ineffective, the invalid provisions shall be replaced by provisions whose meaning is as close as possible to the invalid provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
13.4. The purchase contract, including the business conditions, is archived by the seller in electronic form and is not accessible.
13.5. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
13.6. Seller's contact details: delivery address Malé Stankovce 237, 913 11, Slovakia, e-mail address firstname.lastname@example.org, telephone +421911911876.
Done at Trenčín Slovakia on 8 June 2020