General Terms and Conditions
companies Aquaunion, p. r. o.
Subject of editing and concepts
Subject and purpose of editing
- These General Terms and Conditions (hereinafter referred to as „GTC„) of the business company Aquaunion, s. r. o., with registered office at Galvaniho 7/D, 821 04 Bratislava – Ružinov district, ID number: 52 953 980, registered in the Commercial Register of the District Court Bratislava I, section: Sro, file no.: 145040/B (hereinafter only „Seller„), regulate in more detail the mutual rights and obligations of the Seller and the client – consumer as a buyer (hereinafter referred to as „Buyer„) arising from the sale of goods.
- These GTC are issued by the Seller in accordance with § 273 par. 1 of Act no. 513/1991 Coll. The Commercial Code as amended (hereinafter referred to as „Commercial Code„) and in accordance with Act No. 102/2014 Coll. on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the seller’s premises, as amended.
- The seller is a legal entity engaged in wholesale and retail trade, as well as the sale of goods through an e-shop. The Seller’s effort is that the General Terms and Conditions form a stable basis for mutual relations between the Seller and its Buyers in accordance with valid and effective legal regulations.
- The sale of goods to the Buyer takes place on the basis of a special contract (hereinafter referred to as the „Contract„) concluded between the Seller and the Buyer, which the Seller and the Buyer conclude in accordance with the terms of these General Terms and Conditions. These General Terms and Conditions are an integral part of the Purchase Agreement. The subject of the Agreement is the sale of goods to the Buyer, through the Seller’s e-shop, at the agreed price.
- The purpose of these GTC is to establish the basic framework of the rights and obligations of the Seller and the Buyer (together as „Contracting Parties“ or individually „Contracting Party„) in connection with the sale of goods .
- The Seller’s interest is that each Buyer carefully reads these General Terms and Conditions before concluding the Agreement and familiarizes himself with the individual provisions of the General Terms and Conditions. In case of questions, the Seller is ready to clarify unclear provisions of the GTC at any time to the Buyer. If the Buyer considers any provision of the GTC to be vague or unclear, and does not ask the Seller for an interpretation in time, these GTC will be interpreted in favor of the Seller.
- The contracting parties acknowledge that the purpose of these GTC is not to modify provisions that the Buyer cannot expect, nor the modification of unilateral provisions – expressly disadvantageous for the Buyer. The individual provisions of the General Terms and Conditions are based on the Seller’s previous experience, while the General Terms and Conditions were drawn up with the intention of:
- The Buyer and the Seller clearly knew their rights and obligations when fulfilling the Contract and these GTC and fulfilled their obligations in accordance with them;
- The Contracting Party has not been harmed by the unjustified demand of the other Contracting Party, which arises during the performance of the Contract and these GTC and The seller could standardize and improve its services and, based on that, increase their quality and reduce their price.
- In order to more closely specify the mutual relations based on the Agreement and these General Terms and Conditions, the Contracting Parties have agreed to define some terms, the meaning of which will be further specified in these General Terms and Conditions. The following capitalized terms used in these TOS shall have the meanings specified in these TOS.
- The seller is a business company that deals with the sale of goods through its employees and its online store (e-shop).
- Buyer is a person who is the direct addressee of the sale of the Goods, especially through the Seller’s e-shop, on the basis of a special purchase contract concluded at a distance.
- Contracting party is the Seller and the Buyer; collectively referred to as the Contracting Parties.
- The Contract is a Contract with the Consumer (Buyer).
- E-shop is the Seller’s online store operated at the web address: www.aquaunion.eu.
SALE OF GOODS TO THE BUYER-CONSUMER
- The contract with the consumer – the Buyer, is concluded remotely, electronically, through the Seller’s e-shop.
- The Seller’s contact point and contact details for withdrawing from the Contract, rights arising in connection with defective performance (complaints about goods), exchange of goods and order processing is:
Aquaunion, s. r. o.,
Galvaniho 7/D, 821 04 Bratislava – Ružinov district
telephone: +421 800 500 800
- Information about the goods, including the price of the goods, is listed in the e-shop catalog. The prices of the goods include value added tax, all related fees and costs, with the exception of shipping (the price of which is indicated separately). Product prices remain valid as long as they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
- All Product presentations included in the e-shop catalog are informative in nature. Slight differences in the properties and appearance of the Goods between the Goods listed in the e-shop catalog and the goods actually delivered, which do not change the overall characteristics of the Goods or deteriorate their quality, are not considered defects in the Goods.
- Costs incurred by the Buyer when using the means of remote communication in connection with the conclusion of the Agreement (costs for connecting to the Internet, costs for telephone calls) are borne by the Buyer himself.
- The Buyer orders the Goods by filling out the order form through the Seller’s e-shop. When ordering, the Buyer chooses the goods, the number of items, the method of payment and delivery. Before placing an order, the Buyer is entitled to check and change the data he entered in the order. The Buyer sends the order to the Seller by clicking „Complete the order with payment obligation“. The condition for the validity of the order is to fill in all the required information in the order form and to confirm that the Buyer has familiarized himself with these terms and conditions in sufficient time.
- Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address specified in the order. With this confirmation, the contract is considered concluded.
- In the event that the Seller cannot fulfill any of the requirements stated in the order, the Seller will send a revised offer to the Buyer’s e-mail address. The amended offer is considered a new draft of the Agreement and the Agreement will be concluded in that case when the Buyer confirms acceptance of the offer to the Seller at his e-mail address.
- All orders accepted by the Seller are binding. The Buyer will receive a notification of receipt of the order from the Seller together with the invoice automatically to his email immediately after sending the order.
- In the event of an obvious technical error on the part of the Seller in the price of the goods in the e-shop or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously incorrect price, even if The Buyer has received from the Seller automatic acceptance of the order in accordance with these terms and conditions. The Seller immediately informs the Buyer about the error and sends him a modified offer to his e-mail address. The corrected offer is considered a new draft of the Contract, which in this case is concluded by confirmation of acceptance of the offer by the Buyer to the Seller’s e-mail address.
payment terms and delivery of goods
The price of the Goods and any costs associated with the delivery of the Goods can be paid by the Buyer in the following ways:
- by cashless transfer to the Seller’s account via the GoPay payment gateway;
- by cashless transfer to the Seller’s account via the Paypal payment gateway;
- (cash on delivery, etc.) …
- The Buyer is obliged, together with the purchase price, to pay the Seller the costs associated with the packaging and delivery of the Goods in the total amount indicated in the Seller’s e-shop. The total amount of these costs is calculated by the Seller when ordering the Goods, and this price is added to the total price of the Goods.
- In the case of payment through a payment gateway, the Buyer follows the instructions of the relevant provider of electronic payments.
- The goods are delivered to the Buyer at the address indicated by him. The method of delivery is chosen when ordering the Goods. 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 the repeated delivery of the Goods or the costs associated with other methods of delivery.
- After 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, notify the carrier immediately. If it is found that the packaging of the Goods is damaged in any way, the Buyer does not have to accept the shipment.
- The Seller issues a tax document – an invoice – to the Buyer. The tax document is sent in electronic form to the e-mail address of the Buyer. In the event that the Buyer requests a paper version of the invoice, he is obliged to request it from the Seller immediately after sending the order by email to the Seller’s email address.
- The Buyer acquires the ownership right to the Goods by paying the full purchase price of the Goods, including delivery costs, and taking delivery of the Goods. Liability for accidental loss, damage or destruction of the Goods passes to the Buyer at the moment of taking over the Goods or at the moment when the Buyer was obliged to take over the Goods, but did not do so in violation of the Agreement even within 3 days from the day when the Goods were first delivered to him.
- The buyer has the right to withdraw from the contract without giving a reason. The deadline for withdrawing from the Agreement is 14 days
- from the day of receipt of the Goods,
- from the date of receipt of the last delivery of the Goods, if the contract includes several types of Goods or delivery of several parts.
- The buyer cannot withdraw from the Contract:
- when delivering Goods that have been modified at the Buyer’s request, Goods made to measure or Goods specially designed for one Buyer,
- on the delivery of perishable Goods, as well as Goods which, due to their nature, have been irreversibly mixed with other Goods,
- sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
- in other cases mentioned in § 7 par. 6 of Act no. 102/2014 of from. on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract outside the seller’s premises, as amended.
- In order to comply with the deadline for withdrawing from the Contract, the Buyer must send a declaration of withdrawal from the Contract within the deadline for withdrawing from the Contract. To withdraw from the Contract, the Buyer can use the sample form for withdrawing from the Contract, which forms attachment no. 1 of these GTC. Withdrawal from the Agreement shall be sent by the Buyer to the Seller’s e-mail address specified in these GTC. The Seller will immediately confirm receipt of the form to the Buyer.
- The Buyer who withdraws from the Contract 4.8 of these GTC is obliged to return the Goods to the Seller within 14 days of withdrawing from the Contract. The costs associated with the return of the Goods are borne by the Buyer, even if the Goods cannot be returned by regular postal transport.
- If the Buyer withdraws from the Contract, the Seller shall return to him immediately, but no later than 14 days after the withdrawal, all funds, including delivery costs, in the same way as he received them from him. The Seller will return the received funds in another way only if the Buyer agrees. However, the Seller is not obliged to reimburse the Buyer for the unnecessarily spent costs of returning the Goods.
- If the Buyer withdraws from the Contract, the Seller is not obliged to return the received funds before the Buyer returns the Goods or proves that the Goods have been sent to the Seller. At the same time, the Buyer must prove the amount of costs associated with returning the Goods.
- The goods must be returned to the Seller undamaged, unworn and unpolluted and in the original packaging. The Seller is entitled to unilaterally offset the claim for compensation for damage caused to the Goods against the Buyer’s claim for a refund of the purchase price.
- The Seller is entitled to withdraw from the Contract due to stock out, unavailability of the Goods or when the manufacturer, importer or supplier of the Goods has stopped production or importation of the Goods. The Seller immediately informs the Buyer via the e-mail address specified in the order and returns all funds, including delivery costs, within 14 days of the notification of withdrawal.
Buyer’s rights from defective performance
- The Seller is responsible to the Buyer for the fact that the Goods are free of defects upon receipt. The Seller is mainly responsible for the fact that at the time the Buyer took over the Goods:
- The goods have the properties agreed upon by the Contracting Parties and if there is no such agreement, the goods have the properties described by the Seller,
- The goods are suitable for the purpose specified by the Seller, or for which goods of this type are usually used,
- The goods correspond to the quality or design according to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- The goods are delivered in the corresponding quantity or weight and
- The goods meet the legal requirements.
- The Buyer is entitled to exercise rights from a defect that occurs in the Goods within twenty-four months of taking over the Goods. This provision does not apply to Goods sold at a lower price due to a known defect for which a lower price was agreed, to wear and tear of the Goods caused by its normal use, in the case of used Goods it does not apply to a defect corresponding to the state of use or wear and tear the Goods had when the Buyer took them over , or which results from the nature of the Goods.
- In the event of a defect in the Goods, the Buyer may file a claim with the Seller and demand:
- if the defect is removable:
- free removal of product defects,
- exchange of goods for new goods,
- if the defect cannot be removed:
- reasonable discount from the purchase price,
- withdrawal from the Agreement.
- The buyer has the right to withdraw from the Contract,
- if the Product has a defect that cannot be removed and which prevents the proper use of the item as a flawless item,
- if he cannot properly use the Goods due to the repeated occurrence of errors or defects after repair,
- if he cannot use the Goods properly due to a large number of defects.
- The seller is obliged to accept the complaint. The buyer can file a claim with the person designated by the seller, i.e. at the service partner. Unless otherwise agreed, the correspondence address of the service partner for product complaints, product exchange and order processing is: Aquaunion, p. r. o., with registered office: Galvaniho 7D, 821 04 Bratislava. If the Buyer’s complaint is handled by a person designated by the Seller, he can handle it only by handing over the repaired Goods, otherwise the complaint will be forwarded to the Seller. The Seller is obliged to give the Buyer written confirmation of when he exercised his right, what the content of the complaint is, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint.
- If the Buyer makes a claim, the Seller or his authorized employee or designated person is obliged to inform the Buyer of his rights resulting from defective performance. The Seller always decides on the method of dealing with the complaint, except in the case where such a right arises for the Buyer from valid legal regulations. The handling of the complaint, including the removal of the defect, may not take longer than 30 days from the date of the complaint. The futile expiration of this period is considered a material breach of the Agreement and the Buyer has the right to withdraw from the Agreement or has the right to exchange the Goods for new Goods.
- The Seller informs the Buyer about the result of the complaint in writing no later than 30 days from the date of application of the complaint.
- Rights from defective performance do not belong to the Buyer if he knew before purchasing the item that the Goods were defective, or if the defect was caused by the Buyer himself.
- In the event of a justified complaint, the Buyer has the right to compensation for the reasonably incurred costs associated with the application of the complaint. The Buyer can exercise this right with the Seller within one month after the expiry of the warranty period.
- The rights and obligations of the Contracting Parties in case of defective performance are governed by §§ 499 to 510, §§ 596 to 600 and §§ 619 to 627 of Act No. 40/1964 Coll. Civil Code of the Slovak Republic, as amended, Act No. 250/2007 Coll. on consumer protection as amended and Act No. 102/2014 Coll. on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the seller’s premises, as amended.
- The contract is concluded by default with a person who is a consumer within the meaning of § 2 letter a) Act 250/2007 Coll. on consumer protection as amended (i.e. a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession). If the Buyer is not such a person, the provisions of Act No. 513/1991 Coll. Commercial Code.
- The general body of state market supervision in consumer protection on the internal market in matters of consumer protection with nationwide scope is the Slovak Trade Inspection, with registered office: Bajkalská 21/A, 827 99 Bratislava 27, Slovak Republic, ID number: 17 331 927, which is can be contacted at the following address: Slovak Trade Inspection, Central Inspectorate, Department for International Relations and Alternative Resolution of Consumer Disputes, Bajkalská 21/A, p. Mr. 29, 827 99 Bratislava 27 or electronically at email@example.com or firstname.lastname@example.org.
- This Article 5 of the GTC is also considered the Seller’s complaint procedure.
Resolution of consumer disputes
- All agreements between the Seller and the Buyer-Consumer are governed by the legal order of the Slovak Republic. If the relationship based on the Agreement contains an international element, the Contracting Parties have agreed that the relationship is governed by the legal order of the Slovak Republic. This does not affect the Buyer’s rights according to generally binding legal regulations.
- The Seller is not bound by any codes of conduct in relation to the Buyer in accordance with the provisions of Act no. 250/2007 Coll. on consumer protection as amended.
- The Buyer has the right to contact the Seller with a request for correction if he is not satisfied with the way the Seller handled his order, or if he believes that the Seller has violated his rights. The Buyer has the right to use an alternative (out-of-court) dispute resolution if the Seller has rejected the Buyer’s request according to the previous sentence, or if he has not responded within 30 days from the date of sending his request. This does not affect the possibility of the Buyer to go to court.
- The Slovak Trade Inspection, with registered office: Bajkalská 21/A, 827 99 Bratislava 27, Slovak Republic, IČO: 17 331 927, which can be contacted at the following address: Slovak Trade Inspection , central inspectorate, Department for International Relations and Alternative Resolution of Consumer Disputes, Bajkalská 21/A, p. Mr. 29, 827 99 Bratislava 27 or electronically at email@example.com or firstname.lastname@example.org.
change of contract and terms
- These General Terms and Conditions apply to Contracts concluded from the date of their effectiveness. The seller reserves the right to unilaterally change the GTC at any time. The changed version of the General Terms and Conditions will be applied to the Contracts that will be concluded after this change.
- The seller is not responsible for errors caused as a result of intervention of third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the Client must not use procedures that could have an adverse effect on its functioning, and must not participate in any activities that could allow him or third parties to manipulate or abuse the software or other components of the online store.
These General Terms and Conditions govern the legal and factual relations between the Buyer and the Seller in the cases contained in these General Terms and Conditions. In the event of a conflict between these GTC and special arrangements (e.g. a special offer on the e-shop), the special arrangements of the Contract shall apply.
- In the event that any of the provisions of the General Terms and Conditions or the Agreement becomes invalid, the validity of the other provisions remains unaffected. If such a situation arises, the Contracting Parties will agree on a solution that preserves the context and purpose of the given provision.
- The contracting parties undertake to inform each other of any changes that would have an impact on the proper performance of the Contract and these GTC, in particular changes to identification data as well as other changes important for the performance of the Contract and these GTC.
- These GTC are published in electronic form on the Seller’s web address.
- These General Terms and Conditions enter into force on 14/04/2020.