General Terms and Conditions
I.
Introductory provisions
1. These general terms and conditions (hereinafter referred to as the “terms and conditions”) are in accordance with the provisions of Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the “Civil Code”), 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 misdemeanors, as amended (hereinafter referred to as the “Consumer Protection Act”), Act No. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services based on a distance contract or a contract concluded outside the seller’s premises and amending and supplementing certain laws (hereinafter referred to as the “Consumer Protection Act in Distance Selling”).
Jozef Pauk – HRD-Systém
VAT ID: 36942472
Tax ID: 1039247231
with registered office at: Hôrky 2091, 02302 Krásno nad Kysucou, Slovakia
registered in the trade register No. 502-12248 at the District Office in Čadca
contact details: Jozef Pauk
email: info@secpelle.com
phone: +421 41 421 11 93
www.secpelle.com
(hereinafter referred to as the “seller”)
2. These terms and conditions regulate the mutual rights and obligations between the seller and the individual person (hereinafter referred to as the “buyer”) who enters into a purchase agreement through the web interface located on the website accessible at the internet address www.secpelle.com (hereinafter referred to as the “online store”).
3. The provisions of the terms and conditions are an integral part of the purchase agreement. Any provisions in the purchase agreement that differ from the provisions of these terms and conditions shall take precedence.
4. These terms and conditions and the purchase agreement are concluded in the Slovak, English, or German language.
II.
Information about the goods and prices
1. Information about the goods, including the prices of individual items and their main features, is provided in the catalog of the online store. The prices of the goods are stated including value-added tax, all related fees, and the cost of returning the goods if, by their nature, they cannot be returned by mail. The prices of the goods remain valid for the duration they are displayed in the online store.
2. All presentations of goods placed in the catalog of the online store are of informative nature, and the seller is not obliged to conclude a purchase agreement regarding these goods.
3. The online store provides information about the costs associated with packaging and delivering the goods.
4. Any discounts on the purchase price of the goods cannot be combined unless otherwise agreed upon between the seller and the buyer.
III.
Order and Conclusion of the Purchase Agreement
1. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement (internet connection costs, telephone call costs) are to be borne by the buyer. These costs do not differ from the basic rate.
2. The buyer can place an order for the goods in the following ways:
– Through their customer account, after prior registration on the website of the online store.
– By filling out the order form without registration.
3. When placing an order, the buyer selects the goods, quantity, payment method, and delivery method.
4. Before submitting the order, the buyer is allowed to review and modify the information entered in the order. The buyer sends the order to the seller by clicking the “Order” button. The information provided in the order is considered correct by the seller. The order is valid only if all mandatory information in the order form is completed, and the buyer confirms that they have read and agreed to these terms and conditions.
5. Immediately after receiving the order, the seller sends the buyer an order confirmation to the email address provided by the buyer during the ordering process. This confirmation is automatic and does not constitute a contract. The current terms and conditions of the seller are attached to the confirmation. The purchase agreement is concluded only upon the acceptance of the order by the seller. The notification of order acceptance is sent to the buyer’s email address.
6. If the seller is unable to fulfill any of the requirements stated in the order, the seller will send a modified offer to the buyer’s email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded when the buyer confirms the acceptance of this offer by sending it to the seller’s email address specified in these terms and conditions.
7. All orders accepted by the seller are binding. The buyer may cancel the order as long as the buyer has not received the notification of order acceptance from the seller. The buyer can cancel the order by phone or email, using the contact information provided in these terms and conditions.
8. In the event of an obvious technical error on the part of the seller regarding the price of the goods in the online store or during the ordering process, the seller is not obligated to deliver the goods to the buyer at this clearly incorrect price. The seller informs the buyer about the error without undue delay and sends a modified offer to the buyer’s email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded when the buyer confirms acceptance by sending it to the seller’s email address.
IV.
Customer Account (This feature is currently not available)
1. Upon registration in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also place orders without registration.
2. During registration and when ordering goods, the buyer is obligated to provide accurate and truthful information. The buyer is required to update the information in their user account in case of any changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is responsible for maintaining the confidentiality of the information required to access their customer account. The seller is not liable for any misuse of the customer account by third parties.
4. The buyer is not authorized to allow third parties to use their customer account.
5. The seller may cancel a user account, especially if the buyer does not use their user account for an extended period of time or if the buyer violates their obligations under the purchase agreement or these terms and conditions.
6. The buyer acknowledges that the availability of the user account may not be continuous, particularly due to necessary maintenance of the seller’s hardware and software equipment or necessary maintenance of third-party hardware and software equipment.
V.
Payment Terms and Delivery of Goods
1. The price of the goods and any costs associated with the delivery of the goods under the purchase agreement can be paid by the buyer using the following methods:
◦ Online payment gateway Comgate offering card payment (VISA, Mastercard), Apple pay, Google Pay and direct bank transfer
2. In addition to the purchase price, the buyer is obliged to reimburse the seller for the costs associated with packaging and delivering the goods as agreed. Unless expressly stated otherwise, the purchase price includes the costs of delivering the goods.
3. In the case of payment through a payment gateway, the buyer shall follow the instructions of the respective electronic payment provider.
4. In the case of bank transfer payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the seller’s bank account.
5. The seller does not require any advance deposit or similar payment from the buyer. Payment of the purchase price prior to the dispatch of the goods is not a deposit.
6. The goods are delivered to the address specified by the buyer in the order.
7. The choice of delivery method is made during the process of ordering the goods.
8. The costs of delivering the goods, depending on the method of dispatch and receipt of the goods, are specified in the buyer’s order and confirmed in the order confirmation by the seller.
9. If, according to the purchase agreement, the seller is obliged to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If, for reasons attributable to the buyer, it is necessary to deliver the goods repeatedly or in a different manner than stated in the order, the buyer shall bear the costs associated with the repeated delivery of the goods or the costs associated with the alternative delivery method.
10. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and immediately notify the carrier of any defects. If any damage to the packaging indicating unauthorized entry into the shipment is discovered, the buyer may refuse to accept the shipment from the carrier.
11. The seller will issue an invoice to the buyer. The invoice will be attached to the delivered goods.
12. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including the delivery costs, but no earlier than by taking possession of the goods. The risk of accidental damage, loss, or destruction of the goods passes to the buyer at the moment of taking possession of the goods or at the moment when the buyer was obligated to take possession of the goods but failed to do so contrary to the purchase agreement.
VI.
Contract termination
1. The buyer who concluded a purchase agreement outside of their business activity as a consumer has the right to withdraw from the purchase agreement.
2. If the purchase agreement is concluded remotely (via an online store) or outside the seller’s premises, and if the seller has provided the buyer with timely and proper information about the right to withdraw from the purchase agreement, the conditions, the deadline, and the procedure for exercising the right to withdraw from the purchase agreement, including the withdrawal form from the purchase agreement (in accordance with § 3 para. 1 letter h) of the Consumer Protection Act for Distance Selling) and if the buyer fulfills all legally required conditions, the buyer has the right to withdraw from the purchase agreement without stating a reason and without any penalty, according to the Consumer Protection Act for Distance Selling.
3. The deadline for withdrawal from the contract is 14 days:
– from the moment of receiving the last delivered item if the subject of the purchase agreement is ordered goods delivered separately,
– from the moment of receiving the last part or the last piece if the subject of the purchase agreement is several types of goods or delivery in multiple parts,
– from the moment of receiving the first delivered goods if the subject of the purchase agreement is goods delivered during a defined period.
4. The buyer acknowledges that, according to § 7 para. 6 of the Consumer Protection Act for Distance Selling, they cannot withdraw from the purchase agreement, among other things, in the following cases:
– sale of goods made according to the consumer’s specific requirements, custom-made goods, or goods specially intended for one consumer,
– sale of goods sealed in protective packaging that is not suitable for return due to health protection or hygiene reasons, and the protective packaging has been breached after delivery,
– sale of goods that, due to their nature, are inseparably mixed with other goods after delivery,
– urgent repairs or maintenance requested explicitly by the consumer; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary for repairs or maintenance, if they were concluded during a visit by the consumer to the seller and the consumer did not pre-order these services or goods in advance,
– provision of electronic content other than on tangible media, if its provision began with the explicit consent of the consumer, and the consumer declared that they were properly informed that by giving this consent, they lose the right to withdraw from the contract.
5. To comply with the withdrawal deadline from the purchase agreement, the buyer must send any explicit declaration expressing their intention to withdraw from the purchase agreement within the specified deadline according to Article VI, paragraph 3 of these terms and conditions.
6. The buyer may use the standard withdrawal form provided by the seller to withdraw from the purchase agreement. The buyer shall send the withdrawal from the purchase agreement to the email or delivery address of the seller provided in these terms and conditions. The seller shall promptly confirm the receipt of the form to the buyer.
7. • The buyer who has withdrawn from the purchase agreement is obliged to return the goods to the seller within 14 days from the withdrawal from the purchase agreement. The buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by mail due to their nature.
8. If the buyer withdraws from the purchase agreement, the seller shall promptly, but no later than 14 days from the withdrawal from the purchase agreement, refund all received payments, including the delivery costs, to the buyer using the same method of payment. The seller shall refund the received payments to the buyer using a different method only if agreed upon by the buyer and if it does not result in any additional costs for the buyer.
9. If the buyer has chosen a method of delivering the goods other than the cheapest standard method offered by the seller, the seller shall refund the buyer the costs of delivering the goods in the amount corresponding to the cheapest offered method of delivery.
10. If the buyer withdraws from the purchase agreement, the seller is not obliged to refund the received payments to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.
11. The buyer must return the goods to the seller undamaged, unused, and uncontaminated, and if possible, in the original packaging. The seller is entitled to unilaterally set off any claim for compensation of damage caused to the goods against the buyer’s claim for a refund of the purchase price.
12. The seller is entitled to withdraw from the purchase agreement in case of depletion of stock, unavailability of the goods, or if the manufacturer, importer, or supplier of the goods has discontinued production or import. The seller shall promptly inform the buyer via the email address provided in the order and refund all received payments, including the delivery costs, within 14 days from the notification of withdrawal from the purchase agreement using the same method or a method determined by the buyer.
VII.
Responsibility for defects of goods and complaint procedure
1. The seller is responsible to the buyer that the goods are free from defects upon delivery. In particular, the seller is responsible to the buyer that at the time of the buyer’s acceptance of the goods:
• the goods have the qualities that the parties agreed upon, and if not specified, they have such qualities that the seller or the manufacturer described or that the buyer expected based on the nature of the goods and the advertising conducted by them,
• the goods are suitable for the purpose stated by the seller for their use or for which goods of the same kind are commonly used,
• the goods correspond to the agreed quality or design based on the agreed sample or template,
• the goods are in the appropriate quantity, dimension, or weight, and
• the goods comply with the requirements of legal regulations.
2. The seller’s obligations for non-conformity are at least as extensive as the obligations for non-conformity of the manufacturer. Otherwise, the buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months from the date of receipt.
3. If the product, its packaging, accompanying instructions, or advertisements specify a period during which the product can be used in accordance with other legal regulations, the provisions on quality guarantee apply. The seller guarantees that the goods will be fit for use for a certain period of time or will retain their usual properties. If the buyer legitimately raises a defect of the goods to the seller, the period for exercising rights arising from non-conformity or the warranty period does not run during the time when the buyer cannot use the defective goods.
4. The provisions stated in the preceding paragraph of the terms and conditions do not apply to goods sold at a lower price for which the lower price was agreed upon due to a defect, to wear and tear caused by normal use of the goods, to used goods corresponding to the degree of use or wear and tear that the goods had at the time of receipt by the buyer, or if it arises from the nature of the goods. The buyer does not have the right to exercise the right to non-conformity if they knew before receiving the goods that the goods had a defect or if the buyer caused the defect themselves.
5. In the event of a defect, the buyer may submit a complaint to the seller and request:
• replacement with new goods,
• repair of the goods,
• a reasonable discount from the purchase price,
• withdrawal from the contract.
6. The buyer has the right to withdraw from the contract:
• if the goods have a material defect,
• if the buyer cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
• in the case of a larger number of defects of the goods.
7. A substantial breach of the sales contract is considered to be a violation that the breaching party knew or should have known about when concluding the contract, and if the breaching party foresaw this violation, the other party would not have concluded the contract.
8. In the case of a defect that constitutes an insignificant breach of the contract (regardless of whether it is a remediable or non-remediable defect), the buyer is entitled to have the defect remedied or to a reasonable discount from the purchase price.
9. If a remediable defect reoccurs after repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a greater number of defects (usually at least three simultaneous defects), the buyer has the right to claim a discount from the purchase price, exchange the goods, or withdraw from the contract.
10. When making a complaint, the buyer is obligated to inform the seller of their chosen right. Changing the choice without the consent of the seller is only possible if the buyer requested the repair of an irreparable defect. If the buyer does not timely choose their right in the case of a substantial breach of the contract, they have the same rights as in the case of a non-material breach of the contract.
11. If repair or replacement of the goods is not possible, the buyer may request a full refund based on the cancellation of the contract.
12. If the seller proves that the buyer was aware of the defect in the goods before acceptance or caused the defect themselves, the seller is not obligated to fulfill the buyer’s claim.
13. The buyer cannot complain about discounted goods for the reason for which the goods are discounted.
14. The seller is obliged to accept the complaint at any branch where the acceptance of the complaint is possible, as well as at the registered office or place of business. The seller is obliged to provide the buyer with a written confirmation of when the buyer asserted their right, the content of the complaint, the requested method of handling the complaint, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair performed and its duration, or a written justification for rejecting the complaint.
15. The seller or their authorized employee shall decide on the complaint immediately, or in complex cases, within three business days. This period does not include the time reasonably necessary, depending on the type of product or service, for expert assessment of the defect. The complaint, including the remedy of the defect, must be handled promptly, at the latest within 30 days from the date of asserting the complaint, unless the seller and the buyer agree on a longer period. Failure to meet this deadline is considered a material breach of the contract, and the buyer has the right to withdraw from the purchase contract. The moment of asserting the complaint is considered the moment when the buyer expresses their will (asserts the right from defective performance) to the seller.
16. The seller informs the buyer of the result of the complaint in writing.
17. The buyer is not entitled to the right to claim defective performance if they knew that the item had a defect before accepting it or if they themselves caused the defect.
18. In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs associated with asserting the complaint. The buyer may assert this right against the seller within one month after the expiration of the warranty period; otherwise, the court may not grant it.
19. The buyer has the choice of the method of handling the complaint.
VIII.
Delivery
1. The contracting parties may mutually deliver all written correspondence to each other via email.
2. The buyer delivers correspondence to the seller’s email address provided in these terms and conditions. The seller delivers correspondence to the buyer’s email address provided in their customer account or in the order.
IX.
Personal data
1. All information you provide during our cooperation is confidential, and we will treat it as such. Without your written consent, we will not use your data for any purpose other than fulfilling the contract, except for the email address to which commercial notifications may be sent if you do not refuse this practice. These notifications may only concern similar or related goods, and you can unsubscribe from them at any time by a simple method (sending a letter, email, or clicking on a link in the commercial notification). The email address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.
2. For more detailed information on personal data protection, please refer to the Privacy Policy found here.
X.
Out-of-court resolution of consumer disputes
1. For out-of-court resolution of consumer disputes arising from a purchase agreement, the competent authority is the Slovak Trade Inspection (Slovenská obchodná inšpekcia), located at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, with the website: https://www.soi.sk/sk. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from a purchase agreement.
2. The European Consumer Centre Slovak Republic (Európske spotrebiteľské centrum Slovenská republika) is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). It is located at Mlynské nivy 44/A, 827 15 Bratislava 212, Slovak Republic, and their website is https://esc-sr.sk/.
3. The seller is authorized to sell goods based on a trade license (živnostenské oprávnenie). The relevant trade authority carries out trade inspections within its jurisdiction. The Slovak Trade Inspection (Slovenská obchodná inšpekcia) performs, among other things, supervision of compliance with the Consumer Protection Act and the Act on Consumer Protection in Distance Selling, within its defined scope.
XI.
Final Provision
1. All agreements between the seller and the buyer shall be governed by the legal order of the Slovak Republic. If a relationship established by a purchase agreement contains an international element, the parties agree that the relationship shall be governed by the law of the Slovak Republic. This provision does not affect the consumer rights arising from generally binding legal regulations.
2. The seller is not bound by any codes of conduct in relation to the buyer under Section 3(1)(n) of the Act on Consumer Protection in Distance Selling.
3. All rights to the seller’s websites, including copyrights to the content, layout, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the websites or their parts without the seller’s consent.
4. The seller shall not be held responsible for errors caused by third-party interventions in the online store or the use of the online store in violation of its intended purpose. The buyer must not use procedures that could have a negative impact on the operation of the online store and must not engage in any activities that could enable unauthorized interference or use of the software or other components constituting the online store. The buyer must use the online store and its parts or software in a manner consistent with its purpose and objectives.
5. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
6. The seller reserves the right to amend or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the terms and conditions.
7. An exemplary form for withdrawal from the contract is attached as an appendix to the terms and conditions.
These terms and conditions shall enter into effect on 15.04.2023.
Appendix No. 1
SAMPLE FORM FOR WITHDRAWAL FROM THE CONTRACT
SELLER:
Jozef Pauk – HRD-systém
Company ID: 36942472
Address: Hôrky 2091, 02302 Krásno nad Kysucou, Slovakia
Registered in the Trade Register under No. 502-12248 at the District Office in Čadca
Email: info@secpelle.com
Phone: +421 41 421 11 93
www.secpelle.com
BUYER:
Consumer’s Full Name:
Consumer’s Address:
Consumer’s Email Address:
Consumer’s Phone Number:
I hereby declare that I am withdrawing from the concluded purchase agreement regarding the delivery of goods purchased through the website secpelle.com.
Name of the returned item of the contract:
Order Number:
Order Date:
Delivery Date:
Invoice Number:
By withdrawing from the purchase agreement, the consumer is returning the purchased goods to the seller, bearing the costs associated with the return of the goods.
I acknowledge that the seller is not obligated to refund the money within 14 days from the date of receipt of the withdrawal from the contract until the goods are delivered to the seller or until I provide proof of sending the goods.
I am obliged to send the goods to the seller no later than 14 days from the date of withdrawal.
In ………………………………., on …………………………………., signature ………………………
