General terms and conditions of the online store www.zaxchoco.sk establishing the business terms and conditions between the operator / seller and the customer / buyer (hereinafter referred to as "T&C")
The operator (seller) of the online store www.zaxchoco.sk is: ZAX s.r.o., 945 01 Komárno, Velkodunajské nábr. 4964/1A, ID: 52547990, VAT number: 2121059765, entered in the Commercial Register of the Slovak Republic, District Court in Nitra, insert no.: 48898/N. The operator is a direct producer of the goods offered on this e-shop: chocolate candies, dragées, pralines, bar chocolates. The production of chocolate products is manual, with different flavors as well. On the website www.zaxchoco.sk, in addition to the visual representation of the individual products, the composition and nutritional values are also indicated. With regard to the specificity of the products of ZAX s.r.o. (food that is subject to a reduction in quality under unsuitable conditions), these require increased care and compliance with max. temperatures during transport and storage. The GTC specify the rights and obligations of the seller and a natural or legal person as a buyer, resulting from sales contracts concluded between the seller and the buyer, the subject of which is the sale and purchase of products offered on the seller's e-commerce website. These General Terms and Conditions are in full compliance with the generally binding legal regulations of the Slovak Republic and regulations governing consumer rights, i.e. j. with Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws, with Act no. 250/2007 Coll. on consumer protection as amended. The customer (buyer) in the online store is any natural or legal person who submits an electronic form with an order for goods (product/s or service/s). When ordering as a natural person - non-entrepreneur, please state your name, surname, address where the goods are to be delivered, telephone number and e-mail. If you are purchasing as a legal entity (for a company or trade), please also state your business name, ID number, VAT number and invoicing address, if it is different from the delivery address, in the order. The acceptance of the goods order by the operator and thus the conclusion of the purchase contract takes place on the basis of confirmation of this correctly and completely completed order in electronic form (by e-mail) by the operator, while the operator reserves the right to subsequently adjust the price of the ordered goods (the operator therefore does not guarantee the price goods, which is listed on the operator's website at the time of placing the order, as it depends on the change in the supply prices of the goods in question). After sending the order, a confirmation of receipt of the order will be sent to the e-mail you entered, and later also other information about the status of your order (e.g. the order has been processed, the goods have been shipped, the goods are currently sold out, etc.). The registered customer can check the order directly in online mode on the website of the online store after logging in. The place of performance of the purchase contract is understood as the seat (residence) or place of business of the customer indicated in the electronic form with the order. The goods will be delivered by the operator using the services of third parties (contract carrier, courier service) or the operator will deliver the goods with its own resources or, based on an agreement with the customer, the goods will be prepared for delivery at the operator's premises. The delivery of the goods is carried out by handing them over to the customer or by handing over the goods for transport to the contracted carrier. Ownership of the goods is transferred to the customer upon delivery of the goods, subject to the suspensive condition of payment of the purchase amount stated in the order in full. Until the transfer of ownership rights from the operator to the customer, the customer has all the responsibilities of a custodian and is obliged to store the products and services safely at his own expense and mark them so that they can be identified as the operator's goods under all circumstances. If the delivery time is not indicated with the product, the operator will deliver the goods to the buyer no later than 7 days after receiving the electronic order form. The usual delivery time for goods in stock is 3-5 days. The customer acknowledges that the stated delivery dates (delivery times) are indicative only. The customer agrees to extend the delivery period if the production of the ordered goods or other circumstances require it. In the event that the operator is unable to deliver all the ordered goods to the customer within the agreed deadline, he will notify the customer of this situation as soon as possible and inform him of the expected date of delivery of the ordered goods or propose the delivery of replacement goods. If the customer orders goods of non-standard dimensions or goods heavier than 20 kg, the operator will agree payment and delivery conditions with the customer individually. In the event that the goods are delivered by a contractual carrier, the customer gives the operator the right to provide the contractual carrier with the necessary personal data for the purpose of delivering the goods (name / business name, address, telephone). When taking over the goods, the customer receives a receipt of the goods, which is also a proof of payment for the goods in the case of cash on delivery payment. The proof of receipt of the goods is also a written order for the goods. The customer will receive the tax document with the calculation of the purchase price by e-mail no later than 14 calendar days after the delivery of the goods. In the event that the customer does not pay and does not take over the ordered goods outside of the situation of damage to the goods during delivery (the shipment is returned as undelivered through no fault of the operator, e.g. if the contractual carrier did not find the addressee, did not understand about the storage of the shipment, the customer inadvertently or intentionally did not take over the shipment, etc.) , the operator may demand compensation for damage caused by a breach of duty, which is subject to a contractual penalty. In this case, the contractual penalty is set at least in the amount of the paid postage and at most in the amount of 50% of the total price of the order. The customer who did not receive the order will be sent a message by e-mail with a request for information on what to do next with his order. The customer has 7 days from the date of sending the message to respond to this request. If the customer requests resending of the returned shipment, the operator will add a second handling fee and postage according to the valid price list to the total price of the shipment. Re-shipment of such a returned shipment is possible only on the basis of payment in advance. If the customer does not respond to the operator's call within the specified time, the order will be canceled by the operator. The customer as a private person (non-entrepreneur) has, in accordance with the law, the possibility to withdraw from the contract within 14 calendar days of receiving the goods. To withdraw from the contract, the customer contacts the operator and sends him a written statement of withdrawal from the contract, stating the order number, date of purchase and account number or exact address for financial settlement. The customer will send the purchased goods in their original condition as when they received them (including all documentation, accessories, in the original packaging, etc.) at their own expense, together with the original proof of purchase, back to the address of the ZAX s.r.o. operation, Veľkodunajské nábr. 1A, 945 01 Komárno (but not by cash on delivery). The customer does not have the right to withdraw from the contract if the goods were purchased and collected personally from the operator. The operator undertakes to return the amount paid to the customer within 14 calendar days from the date of receipt of the notice of withdrawal from the purchase contract. The customer cannot withdraw from the purchase contract, the subject of which is the provision of a service, if the service began to be performed with the consent of the customer before the expiration of the deadline for withdrawal from the purchase contract, he also cannot withdraw in the case of the sale of goods made according to the special requirements of the customer, in the case of goods intended specifically for one customer, for goods that, due to their properties, cannot be returned (e.g. for hygienic reasons) or for goods that are quickly perishable. The operator reserves the right to change prices. The price is valid as stated in the e-mail confirming receipt of the order. The price does not include consulting, shipping or any other costs, unless stated in the product description. The price of the goods is determined according to the valid price list. Discounted (sale) prices of goods are clearly marked with symbols (such as "sale" or "sale"). Discounted prices are valid until stocks are sold out or for the duration of the time specified for the discounted price. The price of the goods is determined according to the currently valid price list. The prices listed in the e-shop price list are final - we are not VAT payers. The seller undertakes to deliver the goods to the buyer at the price valid at the time of ordering the goods. The price of the goods does not include the costs of packaging and delivery. These are listed in the order form before sending the order, where the buyer also sees the total price of the order, including the cost of delivery. Payments for packaging, transportation of goods and payment methods are listed on the page Shipping/collection and Payments. We do not charge a shipping fee when picking up goods in person at our brick-and-mortar ZAX store in Komárno. The prices of goods manufactured or packaged specially according to the order and at the customer's request are negotiated individually and mutually agreed by email. By sending the goods order and subsequent binding confirmation of the order, the buyer is obliged to pay the seller the purchase price for the ordered goods. In the event that the customer is currently located or lives abroad, the operator will agree payment and delivery conditions with the customer individually according to the current price list of the carrier. The warranty conditions are regulated by the complaints procedure. The operator is not responsible for late delivery of goods caused by the delivery person (post office, courier) or by giving the wrong address of the customer. The customer checks the goods when they are taken over from the delivery person and confirms the receipt of the goods with his signature on the receipt of the goods. If the shipment is visibly damaged or destroyed, the customer contacts the operator. It is advisable to write down the damage event, make photo documentation to facilitate further proof. All received electronic orders for goods are considered a proposal to conclude a purchase contract and are not considered binding. The customer has the right to cancel the order without giving a reason at any time before the shipment of the goods by e-mail or by phone. The operator has the right to cancel the order in case of non-delivery of the goods due to force majeure, due to the end of its production, due to its being sold out or due to the impossibility of delivery at the price indicated in the online store, in all these cases the operator informs the customer about this. The operator is obliged to provide the possibility of delivery of replacement goods. The customer has the right to refuse the possibility of delivery of replacement goods and to withdraw from the order of said goods. In case of payment of the purchase price or part of it, upon cancellation of the order, funds will be returned to the customer within 15 calendar days in the same way as was used to pay for the goods, unless the customer requests otherwise. The customer declares that he agrees in accordance with Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws, so that the operator processes and stores his personal data, especially those mentioned above and/or which are necessary for the operator's activities and processes them in all his information systems. The customer grants the operator this consent for an indefinite period. The customer can revoke his consent to the processing of personal data at any time in writing (by e-mail, letter) or by telephone, on the basis of which the operator will delete his personal data from its database. The registered customer can update personal data directly in online mode on the website of the online store after logging in. After sending the order or registration, the customer can receive messages about the seller's product offers, promotions and services. The customer can revoke the shipment at any time via the link found in the e-mails that will be delivered to him. The customer is obliged to: o take over the purchased or ordered goods o confirm the acceptance of the goods in the delivery note with his signature or the signature of a person authorized by him, o pay the seller the purchase price within the agreed period and amount, including the costs of delivering the goods (transportation), o We recommend immediately after taking over check the completeness of the delivery and the quality of the delivered goods, ensure appropriate storage in the cold and dark until consumption. The customer has the right to deliver the goods in the quantity, quality, time and place agreed by the contracting parties in the binding acceptance of the order. In addition to the general provisions of the Civil Code, special regulations also apply to business relationships (as well as other legal relationships that may result from them) with natural persons who do not act when concluding business contracts in accordance with these GTC within the scope of their business activity, in particular Act No. . 108/2000 on consumer protection in door-to-door and mail order sales, Act no. 250/2007 on consumer protection. The customer and the operator agree that they fully recognize the electronic form of communication, especially via electronic mail and the Internet, as valid and binding for both parties to the contract. Electronic form of communication is not acceptable in case of withdrawal from the purchase contract. By sending the order, the customer confirms that he has read these GTC and agrees with them in their entirety. Regardless of the other provisions of these GTC, the operator is not liable to the customer for lost profit, loss of opportunity or any other indirect or consequential losses due to negligence, breach of the purchase contract or incurred in any other way. In the event that the competent authorities of the Slovak Republic prove that some provisions of these General Terms and Conditions are invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions of the General Terms and Conditions and the remaining parts of the relevant provisions of the General Terms and Conditions remain unaffected. The General Terms and Conditions apply in the wording stated on the operator's website on the day the electronic order form is sent, unless otherwise expressly agreed between the two parties. These terms and conditions are governed by the laws of the Slovak Republic. The operator reserves the right to change these GTC. The obligation of written notification of changes to the General Terms and Conditions is fulfilled by placing them on the store's website. These GTC are valid from 11/15/2019. The operator reserves the right to change the GTC even without prior notice. COMPLAINT RULES OF THE WWW.ZAXCHOCO.SK INTERNET SHOP GOVERNING THE COMPLAINT TERMS BETWEEN THE OPERATOR / SELLER AND THE ORDERER / BUYER (hereinafter "RP") Introductory provisions. The operator (seller) of the online store www.zaxchoco.sk is ZAX s.r.o. The customer (buyer) in the online store is any natural or legal person who submits an electronic form with an order for goods (product/s or service/s). These Complaints Regulations regulate the legal relations between the operator and the customer, when dealing with complaints regarding the correctness and quality of the goods and services provided by the operator. A complaint for the purposes of this complaint procedure is understood to mean a right asserted by the customer from liability for defects in goods or services provided by the customer, for which a certain remedy is required, or compensation for faulty performance, or failure to fulfill the subject of the contract. The customer (ordinary consumer, home use) is provided with a warranty period for the delivered goods based on the label on the packaging. The warranty period begins on the day of delivery (sale) of the customer's goods. Complaint handling procedure. Pursuant to this RP, the authorized person may file a complaint in person, in writing, or by e-mail. The following must be clear from the complaint: who is filing the complaint (name, surname, address of permanent residence), the subject of the complaint, or what the customer is demanding, to whom the complaint is addressed, the date of filing the complaint, the signature of the customer or the signature of the authorized person together with the power of attorney. In the case of filing a complaint by e-mail, fax or in writing by an authorized person on behalf of the customer, a power of attorney to represent the customer in the matter of the complaint must be attached to the complaint. If the claim does not contain the requirements specified in point 2 of this article, it will be considered unauthorized. . 5. Warranty period subject to compliance with the storage and transport conditions specified on the label or package leaflet of the product. Storage at higher than recommended temperatures, exposure of chocolates to sunlight, a heat source, a humid environment or sudden thermal fluctuations can change the external appearance and quality of chocolate products. The warranty period for the goods expires if, despite a warning on how to handle the goods, the buyer does not follow the seller's instructions in these GTC, or on the package leaflet The deadline for processing the claim is no more than 14 days from the day the claim is made (from the day the goods are delivered to the operator's office, Veľkodunajské nábr. 4964/1A, 945 01 Komárno). The operator issues a written document to the buyer about the processing of the claim. According to the Consumer Protection Act, it is not possible to return perishable food (i.e. food that requires special storage conditions), and it is also not possible to return food that has already been opened by the buyer. Application of the complaint means the day of application of the complaint by the customer. The date of application of the claim is considered to be: for postal items - the day the claim is delivered to the operator's registered office) for personal delivery - the date on the copy of the claim, with which the operator confirms delivery when delivered by e-mail - the day the electronic mail message is delivered to the operator's e-mail address. . The seller is entitled to deal with the complaint in one of the following ways: – repair of the defect in the goods, – exchange of the goods, – exchange for other goods that you choose (up to the value of the claimed goods) – refund of money. will be governed by the relevant provisions of individual contracts concluded between the operator and the customer, by the relevant provisions of generally binding legal regulations valid in the territory of the Slovak Republic, in this order. In case of disputes during the resolution of the claim, it is also possible to proceed according to section 391/2015 Coll. of the Act on Alternative Resolution of Consumer Disputes. http://www.economy.gov.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s The operator is entitled to change or supplement this Complaints Policy at any time due to changes in legal regulations and the business environment. The operator will determine the current wording of the Complaints Procedure by publishing it on its website. This RP comes into force and effect from 11/15/2019. The operator reserves the right to change the RP even without prior notice. Important notice: Prepare the goods for transport so that they are not damaged. The seller is not responsible for possible damages during transportation. Damage can occur due to frost and heat. We always send the goods to you in a box that does not show any defects (it is not opened, torn, compressed, burst or damaged in any other way. The buyer checks whether the packaging in which the goods are packed is not damaged and signs the receipt of the shipment. in the event of damage, it is advisable to write a protocol with the courier company at the place of delivery of the detected defects caused during transport. The carrier is responsible for such damage.