GENERAL COMMERCIAL CONDITIONS
of the SVK Investments s.r.o. company
SVK Investments s.r.o., with the seat at Einsteinova 19, Bratislava, Company registration number: 47 383 127, VAT number:SK2023844339, registered in OR BA I., vl.č. 91 581/B, oddSro, tel. number 02/20 91 04 04, e –mail: firstname.lastname@example.org (hereinafter as “the seller”)
- The general commercial provisions (hereinafter as “GCC”) amend the relationship between the purchaser and the seller in accordance with the generally obligatory legal enactments valid in the area of the Slovak Republic. These GCC represent an inseparable part of sales contracts concluded between the seller and the third persons. In case of a disagreement of these GCC and the arrangements mentioned in the sales contract they are part of, the provisions mentioned in the sales contract hold the precedence.
- The purchaser may be natural entities as well as legal entities.
- The seller is the operator of the web page www.digitalgolf.sk, www.digitalgolf.cz, www.digitalgolf.at, www.digitalgolf.eu as a system of electronic business by means of internet communication (hereinafter as “the internet business”).
- By means of filling the written order at www.digitalgolf.sk(or www.digitalgolf.cz, www.digitalgolf.at, www.digitalgolf.eu), the purchaser accepts these GCC of the seller.
- Except for the general enactments of the Civil Code, also particular legal enactments refer to the business relations (as well as to other legal relations resulting from it) with natural entities who do not act in accordance with the GCC when concluding business contracts within the range of their business activity, mainly the law No. 102/2014 of the Body of Laws about the protection of the consumer when selling the goods remotely or providing services based on a contract concluded remotely or a contract concluded outside of the premises of the seller as amended and the law No. 250/2007 of the Body of Laws about the protection of the consumer.
- The enactments of the Civil Code as amended refer to the business relations (as well as to other legal relations that may result from it) with legal entities or natural entities – entrepreneurs.
- The purchaser is any person (natural or legal entity) who sent the electronic order by means of the internet business.
- The electronic order is understood as the form processed by the system of the business, having been previously filled in and sent by the purchaser (or an e-mail sent to the e-mail address of the seller containing all the requirements of this form).
- The order form contains the information about the purchaser, the list of the goods ordered (from the actual offer of the seller published at the web page – in the internet shop) and the price of the goods.
- The goods is understood as products being involved in the actual offer of the internet business.
Ordering the Goods and Concluding the Sales Contract, A Custom Order
- By means of the order having been sent to the seller, the purchaser expresses their interest in buying certain goods providing the purchaser has correctly and completely filled all the necessary data mentioned in the order by means of the internet business.
- The order of the purchaser must always include the following:
- the invoice information of the purchaser (name, seat/place of business, company registration number, TAX ID or VAT number, registration in a particular register)
- the e-mail address of the purchaser
- who filled in the order on behalf of the purchaser, specifying the name, surname and contact information
- the required type of goods and the required amount of the goods.
- The acceptance of the order of the goods from the perspective of the seller, hence the conclusion of the sales contract is realized based on a written confirmation of a correctly and completely filled electronic order in electronic form, i.e. based on an e-mail sent by the seller (hereinafter as “the acceptance”).
- The custom order is a particular order of the seller by means of the internet business based on which the purchaser order the selected goods manufactured according to particular requirements of the purchaser or the made-to-measure goods or the goods assigned or adjusted particularly for a concrete person based on the specification of the purchaser mentioned in the order of the goods. It is not possible to change the custom order additionally, after it has been accepted by the seller. The seller reserves the privilege to realize the custom order only after the full purchase price has been transferred to the account of the seller. In case of the custom order, the goods delivery period starts right after the acceptance of the custom order is realized and the full purchase price of the custom order is transferred to the account of the seller.
The Purchase Price and Payment Conditions
- The purchase price of the goods is specified in the internet business. All prices are contractual.
- The purchaser takes due note of the fact that the seller sells the goods in the internet business for the reprisal and in case of an order, the purchaser commits to pay the arranged purchase price of the goods.
- In the internet shop, actual and valid prices are specified. The prices are final, i.e. including VAT or any other taxes and charges the consumer must pay to get the goods; this does not apply to potential delivery charges etc.
- The discount prices are valid until the supplies are sold out while mentioning the number of items of the discount goods or during a specified period of time.
- All prices of goods in the internet shop are stated in Euros.
- The purchase price is repayable by means of a noncash transfer to the bank account of the seller before the goods is delivered using the payment options mentioned in the internet shop or by means of the cash on delivery.
- The property right regarding the goods is transferred to the purchaser once the full purchase price for the delivered goods is paid and the threat of damage to the goods is transferred to the purchaser once the goods is delivered to them.
- In case of payments from abroad, the purchaser bears all the bank charges outside the area of the SR.
- The seller commits to deliver the goods to the purchaser based on the kind, quality and amount as mentioned in the sales contract concluded between the purchaser and the seller, complying with the conditions arranged in the sales contract and in accordance with these GCC together with a copy of these GCC and with all documents necessary to operate and use this goods in the official language and the tax documents relating to the goods.
- In case the goods is not delivered to the purchaser with a copy of these GCC, the purchaser is obliged to announce this fact in a written form to the seller within three days, at most, since the goods is delivered, otherwise it is assumed that the obligation of the seller to add the copy of these GCC was fulfilled.
- The seller processes all the accepted orders of the internet business with the degree of priority being based on the order in which they were delivered. The orders with all items on stock are received till 17.00 business day are sent to the purchaser same day, later orders next business day. The basic delivery period for the ordered goods that are not on stock is 14 days since the day the electronic order is accepted by the seller. The seller reserves the privilege to inform the purchaser about an extended delivery period in case of the selected goods before the order is accepted by means of an e-mail, at most.
- The seller reserves the right to change the delivery periods of the goods in case of additional requirements of the purchaser provided these are accepted from the perspective of the seller.
- Provided the seller is not able to deliver the goods to the purchaser, they are obliged to inform the purchaser immediately, to refund the price paid for the goods or the advance payment within 14 days, at most, unless the contractual parties arrange it otherwise.
- The delivery place of the goods is the address specified by the seller in the internet order as the delivery place of the goods.
- The delivery of the goods is realized by submitting the goods to the purchaser (or to the person having been made righteous to take the delivery by the purchaser), or by submitting the goods to the first shipper to deliver it.
- The goods being shipped must be packed appropriately and safely. By their signature on the shipping letter when taking the goods, the purchaser also confirms that the package has not been violated and that the goods accepted is complete and full.
- In case of a visible violation of the goods and its package, the purchaser is righteous not to accept the goods and to mark the note about the violation of the goods in the shipping letter, providing the description of the damage. Any faults, damages or complaints regarding the delivered amount and quality of the goods shall not be accepted from the perspective of the seller.
- In case the delivery of the goods was disabled or made difficult due to third persons (strikes of the shippers, interventions of the organs of the administration of the customs etc.), or in case circumstances of objective character disabling the delivery occur (“superior force” – natural disasters, state of war, political and economical decisions etc.), the delivery period is automatically extended, taking this disability or difficulty into consideration; the refund demands of the purchaser because of the delay of the seller considering the fulfillment of the commitments based on the sales contract and these GCC are excluded.
- The seller is righteous to refuse the delivery of the goods or to hold it provided the purchaser has been late with the payment of the repayable commitment towards the seller. Unless the purchaser pays their commitments within 5 days since the refusal of the delivery of the goods or its holding, the seller is righteous to withdraw from the sales contract immediately. The seller is responsible for the damages to the seller in such a case and commits to pay them to full extent.
The Withdrawal of the Purchaser from the Contract
- The withdrawal from the contract by the purchaser, that being the consumer:
a) In accordance with the enactment §7 of the law about the protection of the consumer in case of the doorstep selling and delivery selling No. 102/2014 of the Body of Laws, the purchaser has the right to withdraw from this contract gratuitously within 14 days. The period of withdrawal from the contract expires after 14 days since you or a third person assigned by you with the exception of the forwarder takes the delivery. When applying the right to withdraw from the contract, inform us about your decision to withdraw from this contract by means of an explicit declaration (e.g. a letter sent by mail to: SVK Investments s.r.o., Zochova 6-8, 81103, Bratislava, Slovakia or e-mail to email@example.com). For this purpose, you may use the sample form of the withdrawal from the contract following this instruction. The period of withdrawal from the contract remains maintained provided you send a statement about the exertion of the right to withdraw from the contract before the period of withdrawal from the contract expires
b) After the withdrawal, the seller refunds all payments realized by the purchaser in relation to the conclusion of the contract, mainly the purchase price including the expenses on the delivery of the goods. This does not apply to additional expenses provided the purchaser has selected another way of delivery than the cheapest way of delivery offered by the seller. The payments shall be refunded without any necessary delay to the purchaser, within 14 days, at most, since the written announcement about the withdrawal from the contract by the purchaser is delivered to the seller. The refund shall be realized in the same way the purchaser used when paying unless the purchaser has expressly agreed with another way of payment, without charging any additional charges.
c) The payment for the purchased goods shall be refunded to the purchaser only after the goods is returned back to the address of the seller.
d) The purchaser is responsible for any depreciation of the value of the goods as a result of the manipulation with it in a way different than is necessary to discover the character, qualities and functionality of the goods. Direct expenses on the return of the goods are handled by purchaser.
e) The right to withdrawal remains unaffected and will not be restricted by the exchange policy or the money back guarantee.
- The withdrawal from the contract by the purchaser, that being an entrepreneur:
a) In case the purchaser is an entrepreneur, they may withdraw from the contract in cases mentioned in the Commercial Code as amended.
b) In case the purchaser – an entrepreneur withdraws from the contract, the purchaser – an entrepreneur bears all expenses on the return of the goods to the seller to full extent.
c) The right to withdrawal remains unaffected and will not be restricted by the exchange policy or the money back guarantee.
- The withdrawal from the contract by the purchaser (a consumer or an entrepreneur) in case of contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized. The right to cancel does not apply to the following kind of contracts:
• Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
• Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
• Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
• Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
The written acceptance of the custom order by the seller is understood as the sending of an email to the purchaser.
Responsibility for Defects, Warranty and Complaints
- The seller is only responsible for the faults the goods has when delivered to the purchaser and for the faults to occur after the goods is accepted by the purchaser within the warranty period. The seller is not responsible for the faults of the goods caused by the purchaser and/or third persons.
- The purchaser is obliged to announce the faults of the goods delivered immediately to the seller in letter.
- The seller offers a 24-month warranty for the delivered goods. The warranty for the goods starts on the day the goods are accepted by the purchaser. The purchaser has the right to apply for the warranty only for the goods showing faults, the goods that is still under warranty and was purchased at the shop of the seller.
- The warranty for the goods expires:
- provided there were any interventions, adjustments or corrections made on the goods without the participation of the seller or in disagreement with their instructions,
- provided the goods was used for purposes it is not suitable for regarding its technical parameters or which it is not assigned for,
- provided the goods was damaged due to an incorrect or inexpert installation, having not complied with the generally valid rules and methods for a particular kind of work,
- provided the goods was damaged due to an incorrect manipulation or storing by the purchaser,
- provided the damages occurred as a result of other circumstances beyond the control of the seller (mainly the cases of the “superior force”, the operation of corrosion, aggressive water, incorrect treatment etc.).
- The warranty conditions for the goods respect the Complaints Procedure of the seller and the valid legal enactments of the SR. The purchase document serves as the certificate of warranty.
- The seller in its activities to purchaser commits to provide the following guarantees:
- Buyer has the right without giving a reason to return purchased goods within 15 days since receipt of goods. In this case, the buyer pays shipping costs of returned goods to the seller. This right is valid only if the purchased goods will be returned unused, not wearing, unmodified, clean and undamaged with original packaging with the labels. The buyer is not entitled to return such goods to Seller with service cash on delivery, the seller does not accept such goods. The buyer is obliged together with returned goods to send written information about bank account for refund. Seller agrees to pay the buyer the purchase price of the returned goods within 5 working days of receipt of returned goods, which meets all the conditions set out above and to transfer to the account of the buyer.
- The buyer has the right to exchange goods within 30 days since receipt of goods. In this case, the buyer pays shipping costs of the replaced goods to the seller. This right is valid only if the purchased goods are exchanged unused, not wearing, unmodified, clean and undamaged with original packaging with the labels. The buyer is required along with the exchanged goods to send written information about type and parameters of other goods for replace.
- The seller commits to pay the buyer the difference in price from the price paid by the buyer for purchased goods, if within 15 days after receipt of the purchased goods will price decline. This right buyer is obliged to apply to the Seller in writing form within that period. Seller agrees to pay the buyer the difference in the purchase price within 5 working days after receiving a written request of the buyer, which satisfies all the above conditions, ie, within 15 days after receipt of purchased goods, by transfer to the account of the buyer.
- The right to withdrawal remains unaffected and will not be restricted by the exchange policy or the money back guarantee.
- The legal relations not being expressly amended by the sales contract or these GCC are to be treated with regard to the enactments of particular general legal enactments valid in the area of the Slovak Republic, whereby the contractual parties do not exclude the application of the Vienna Convention of the UN about the contracts about international sales of goods. The contractual parties have agreed in accordance with the § 37 of the law No. 97/1963 of the Body of Laws about the international private and process law that Slovak judges shall decide about any disagreements and demands resulting from this contract.
- The documents and messages to be delivered by means of e-mail shall be considered as delivered once the e-mail message has successfully been sent from the e-mail box of the sender to the e-mail address of the receiver except for the case in which the server of the sender delivers a message about the inability to deliver the e-mail message being send to the receiver to the sender.
- Provided any provisions of the sales contract and/or GCC become invalid as a result of a change of the legal enactment, it does not result in the invalidity of the whole sales contract and/or GCC and the seller commits to substitute the ineffective or invalid provisions with new ones within 10 work days if not arranged otherwise.
- The purchaser expressly declares that before the acceptance of the suggestion of the sales contract, they became aware of these GCC which are published at the web page of the seller and in the internet shop and which are an inseparable part of the sales contract of the seller and that they agree with them, that being confirmed by sending the order to the seller.
- The seller reserves the privilege to change these GCC. The obligation of a written announcement about the change of these GCC is met by publishing them at the internet page of the seller.
- These GCC are valid in the version that is published at the internet page of the seller, www.digitalgolf.sk