General terms and conditions
General terms and conditions
GENERAL PROVISIONS
The General Terms and Conditions (hereinafter referred to as the "GTC") govern the relations between the parties to the purchase contract concluded by activepro.sk s.r.o. with registered office: Pod Párovcami 7152/151, 921 01 Piešťany, ID number: 47004282, VAT number: 2023687952, registered in the OR SR 30.1.2013: (hereinafter referred to as the "seller") as a seller for the purpose of selling products published on the website www.usmejsa. com (the “Website”) with the buyer (the “Agreement”).
The buyer can be a natural person - a non-entrepreneur (hereinafter referred to as "consumer") or an entrepreneur.
An entrepreneur is a person who acts as part of his business activity and is:
a person registered in the commercial register,
a person who does business on the basis of a trade license,
a person who does business on the basis of a license other than a trade license according to special regulations,
a person who carries out agricultural production and is registered in accordance with a special regulation.
Legal relations between the seller and the buyer, who is an entrepreneur, not expressly regulated by these General Terms and Conditions, are governed by the relevant provisions of Act. No. 513/1991 Coll., Commercial Code as amended, as well as related regulations. In case of any differences between the General Terms and Conditions and the individual Contract, the text of the Contract takes precedence.
A purchase contract is a contract between the seller and the buyer, the subject of which is the purchase of goods offered by the seller on the website concluded in accordance with the General Terms and Conditions.
The goods are products that can be the subject of a purchase contract in accordance with the General Terms and Conditions and are available for purchase through the seller's e-commerce website.
The purchase price is the price of the goods agreed in the purchase contract according to the valid price list listed on the seller's e-commerce website at the time of delivery of the order to the seller. Prices are listed with VAT. To the purchase price are added transport charges or postage in accordance with these General Terms and Conditions.
Provisions different from these GTC can be negotiated in the Contract. Different arrangements in the Contract take precedence over the provisions of the General Terms and Conditions.
The seller can unilaterally change or supplement the wording of the General Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of any previous version of the General Terms and Conditions.
2.
ORDER PRODUCT
The buyer's order is a proposal for a purchase contract, and the purchase contract itself is concluded at the moment of delivery of the buyer's and seller's binding consent to this proposal (binding confirmation of the order by the seller). From this moment, mutual rights and obligations arise between the buyer and the seller.
By concluding the purchase contract, the buyer confirms that he has familiarized himself with these GTC, including the complaint conditions, and that he agrees with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure by placing the order and has the opportunity to become familiar with them.
The seller reserves the right to cancel the order or part of it before concluding the purchase contract in the following cases:
the goods are no longer manufactured or supplied or
the price of the supplied goods has changed significantly.
If this situation occurs, the seller will immediately contact the buyer in order to agree on the next procedure. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account, the purchase contract will not be concluded.
When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail, to the buyer's e-mail address.
Order cancellation: The buyer has the right to change or cancel the order within 12 hours. You can send the cancellation by e-mail or by phone. When canceling an order, it is necessary to state your name, e-mail and order number.
PRICE AND PAYMENT TERMS
The prices of the goods listed on the website are final (the prices on the website are listed with VAT); this does not apply to fees associated with the transport of goods and other additional services, which will be calculated and negotiated individually with the buyer.
In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. The buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
The seller is entitled to demand payment of the entire purchase price before sending the goods to the buyer.
Regarding the payments made on the basis of the Agreement, the Seller issues a tax document - an invoice to the Buyer in accordance with the relevant legal regulations.
The seller accepts the following payment terms:
payment in cash when picking up the order in person,
advance payment by bank transfer,
card payment through a payment gateway
The goods remain the property of the seller until full payment and takeover, but the risk of damage to things passes when the goods are taken over by the buyer.
SUPPLY OF GOODS
The seller provides the following methods of delivery of goods:
personal collection of goods - the order can be picked up at the address: Pod Párovcami 7152/151, 921 01 Piešťany. We will consult with you for more detailed information about the time and place of collection.
goods delivered by Slovak Post - postage is charged automatically depending on the weight and dimensions of the order. We send the goods by 2nd class to the post office. For these shipments, any communication with the carrier is not possible and we have no possibility to influence or monitor the shipment in detail.
goods delivered by courier companies - postage is charged automatically depending on the weight and dimensions of the order. For some particularly unstorable, heavy or otherwise difficult to transport products, the price of transport may be increased by packaging. The shipping price is displayed immediately after selecting the shipping method.
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, to notify the carrier immediately. In the event of detection of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods was intact.
Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if they are issued by the seller.
ORDER PRODUCT
The buyer's order is a proposal for a purchase contract, and the purchase contract itself is concluded at the moment of delivery of the buyer's and seller's binding consent to this proposal (binding confirmation of the order by the seller). From this moment, mutual rights and obligations arise between the buyer and the seller.
By concluding the purchase contract, the buyer confirms that he has familiarized himself with these GTC, including the complaint conditions, and that he agrees with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure by placing the order and has the opportunity to become familiar with them.
The seller reserves the right to cancel the order or part of it before concluding the purchase contract in the following cases:
the goods are no longer manufactured or supplied or
the price of the supplied goods has changed significantly.
If this situation occurs, the seller will immediately contact the buyer in order to agree on the next procedure. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account, the purchase contract will not be concluded.
When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail, to the buyer's e-mail address.
Order cancellation: The buyer has the right to change or cancel the order within 12 hours. You can send the cancellation by e-mail or by phone. When canceling an order, it is necessary to state your name, e-mail and order number.
PRICE AND PAYMENT TERMS
The prices of the goods listed on the website are final (the prices on the website are listed with VAT); this does not apply to fees associated with the transport of goods and other additional services, which will be calculated and negotiated individually with the buyer.
In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. The buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
The seller is entitled to demand payment of the entire purchase price before sending the goods to the buyer.
Regarding the payments made on the basis of the Agreement, the Seller issues a tax document - an invoice to the Buyer in accordance with the relevant legal regulations.
The seller accepts the following payment terms:
payment in cash when picking up the order in person,
advance payment by bank transfer,
card payment through a payment gateway
The goods remain the property of the seller until full payment and takeover, but the risk of damage to things passes when the goods are taken over by the buyer.
SUPPLY OF GOODS
The seller provides the following methods of delivery of goods:
personal collection of goods - the order can be picked up at the address: Pod Párovcami 7152/151, 921 01 Piešťany. We will consult with you for more detailed information about the time and place of collection.
goods delivered by Slovak Post - postage is charged automatically depending on the weight and dimensions of the order. We send the goods by 2nd class to the post office. For these shipments, any communication with the carrier is not possible and we have no possibility to influence or monitor the shipment in detail.
goods delivered by courier companies - postage is charged automatically depending on the weight and dimensions of the order. For some particularly unstorable, heavy or otherwise difficult to transport products, the price of transport may be increased by packaging. The shipping price is displayed immediately after selecting the shipping method.
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, to notify the carrier immediately. In the event of detection of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods was intact.
Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if they are issued by the seller.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The buyer acknowledges that the software and other components forming the web interface of the e-shop (including photos of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components making up the website without authorization.
Protection of personal data: The seller hereby declares that, when processing personal data, it will proceed in accordance with the Regulation of the EP and the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which cancels directive 95/46/EC and some relevant provisions of Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws.
The privacy policy is published on the website.
FINAL PROVISIONS
The contracting parties have agreed that all disputes arising from or in connection with the Contract will be resolved by mutual agreement. In the event that no agreement is reached, the disputes will be finally decided by the competent court.
The buyer by sending an order, or by paying the purchase price, he confirms that he has familiarized himself with these General Terms and Conditions and accepts the conditions set forth in them.
All relations between the buyer and the seller, which are not regulated by these general terms and conditions, are governed by the relevant provisions of Act no. 513/1991 Coll. Commercial Code as amended. If the buyer is a Consumer within the meaning of § 52 par. 3 of Act No. 40/1964 Coll. The Civil Code in its current version, i.e. if it is a buyer who, when concluding and fulfilling the contract, does not act as part of his business or other business activity, relationships not regulated by these general terms and conditions are governed by the relevant provisions of Act No. 40/1964 Coll. Civil Code as amended.
In Piestany 24.5..2023