General commercial terms and conditions
I. Basic provisions
1. These general commercial terms and conditions (hereinafter referred to as the ”commercial conditions”) are released by company:
o Name: ROYAL WATCH, s.r.o.
o CRN (IČO): 51896958
o TIN (DIČ): 2120828787
o Domiciled in: Kochanovce 231, Laborecká 2540, 066 01 Humenné
o Registered in the Commercial Register of the District Court of Prešov, section s.r.o., insert number: 36884/P
o Contact information:
o E-mail: firstname.lastname@example.org
o Phone: +421 944 858 787
o Web: www.royalwatch.store
o (hereinafter referred to as „the seller“)
2. These general commercial terms and conditions (hereinafter the ”commercial conditions”) modify the mutual rights and obligations of the seller and the natural person who concludes the purchase contract outside of his business as a consumer or within his business (hereinafter referred to as "the buyer") through a web interface located on the website available at www.royalwatch.sk (hereinafter referred to as 'the online store').
3. Provisions of the commercial conditions are an inseparable part of the purchase contract. Deviating arrangement in the purchase contract takes precedence over the terms of these commercial conditions.
4. These commercial conditions and the purchase contract will be concluded in the English language.
II. Information about the goods and prices
1. Information about the goods, including the price statement of the individual goods and its main characteristics, is stated for the individual goods in the online store catalogue. The prices of the goods are stated, including the value added tax, all related fees and costs for the returning of goods, if by their nature they cannot be returned by the usual postage. The prices of the goods remain valid for as long as they are displayed in the online store. This provision does not exclude the negotiation of the purchase contract under the individually agreed conditions.
2. All the presentation of goods placed in the online store catalogue is informative and the seller is not obliged to conclude the purchase contract with respect to these goods.
3. Information about the costs connected with the package and delivery of goods is published in the online store. Information about the costs connected with the package and delivery of goods, listed in the online store, applies only to cases where the goods are delivered within the territory of ______________
4. Any discounts on the purchase price of the goods cannot be combined if the seller and the buyer do not agree otherwise.
III. The order and conclusion of the purchase contract
1. The costs incurred by the buyer when using the means of distance communication in connection with the conclusion of the purchase contract (the costs of internet connection, the costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
2. The buyer orders the goods in the following ways:
· through his/her customer account, if he/she has previously registered in the online store
· by completing the order form without registration
3. When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
4. Before confirmation of an order, the buyer is allowed to check and modify the data which were entered into the order. The buyer sends the order to the seller by clicking on the "Send order" button. The information stated in the order is considered correct by the seller. The condition of the order validity is to fill in all the mandatory data in the order form and to confirm the buyer that he / she has become familiar with these terms and conditions.
5. Immediately after the receipt of the order, the seller shall send to the buyer a confirmation about the receipt of the order to the e-mail address entered by the buyer upon ordering. This confirmation is automatic and is not considered as the contract conclusion. The current commercial conditions of the seller are attached to the confirmation. The purchase contract is only concluded upon receiving the order by the seller. The notification about the order receipt is delivered to the buyer's email address.
6. In case that any of the requirements specified in the order cannot be fulfilled by the seller, the seller shall send the modified offer to the buyer’s email address. The modified offer is considered to be a new draft of the purchase contract and the purchase contract is in this case concluded by the buyer's confirmation about an acceptance of this offer to the seller’s email address specified in these commercial conditions.
7. All the orders received by the seller are binding. The buyer may cancel the order until the buyer receives the notification about the order receipt by the seller. The buyer may cancel the order by telephone at the seller's telephone number or by e-mail to the seller's email address, both of them specified in these commercial conditions .
8. In case that there is an obvious technical mistake on the seller's side when placing the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer for this obviously erroneous price not even if an automatic confirmation about the order receipt under these commercial conditions was sent to the buyer. The seller informs the buyer about the mistake without unnecessary delay and sends the modified offer to the buyer's email address. The modified offer is considered as the new draft of the purchase contract and the purchase contract is in this case concluded by the confirmation about the buyer's receipt to the seller's email address.
IV. Customer account
1. Based on the buyer's registration made in the online store, the buyer may access to his/her customer account. The buyer can order goods from his/her customer account. The buyer can also order goods without registration.
2. When registering to the customer account and ordering goods, the buyer is obliged to state correct and true information. The buyer is obliged to update the information stated in the user account at any change. The information given by the buyer in the customer account and in the process of ordering the goods is considered to be correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality with regard to the information necessary to the access into his customer account. The seller is not responsible for any misuse of the customer account by the third parties.
4. The buyer is not entitled to allow the use of the customer account by the third parties.
5. The seller may cancel the user's account, especially if the buyer does not use his user account for a long time, or if the buyer breaches his obligations from the purchase contract and these commercial conditions.
6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment or the necessary maintenance of the hardware and software equipment of the third parties.
V. Payment terms and goods delivery
1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer in the following ways:
· by bank transfer to the bank account of the seller No.: SK96 1100 0000 0029 4406 0229, registered in Tatra Banka, SWIFT: TATR SK BX
· non-cash payment by credit card
· cash on delivery when the goods are received
· in cash or by credit card during the personal taking at the store
2. Together with the purchase price, the buyer is obliged to pay the costs associated with the package and delivery of the goods in the contractual amount to the seller. If it is not further stated explicitly otherwise, the purchase price also includes the cost of the goods delivery.
3. In case of cash payment, the purchase price is payable during the receipt of the goods. In case of cashless payment, the purchase price is payable within 3 days from the purchase contract conclusion.
4. In case of payment through the payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
5. In case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the seller's bank account.
6. The seller does not require any advance payment or other similar payment from the buyer in advance. The payment of the purchase price before shipment is not a deposit.
7. According to the Act on the Registration of Sales, the seller is obliged to make a cash receipt out to the buyer. At the same time, he is obliged to register online the received revenue with the tax administrator, in case of a technical failure no later than within 48 hours.
8. The goods are delivered to the buyer:
· to the address stated by the buyer in the order
· through the shipment office to the address of an issue counter stated by the buyer
· by the personal taking at the seller's store.
9. The choice of delivery method is made during the ordering process.
10. The costs of the goods delivery depending on the method of dispatch and receipt of the goods are stated in the buyer's order and in the seller's order confirmation. In case that the transport method is agreed on the basis of the buyer's special request, the buyer bears the risk and any additional costs associated with this transport method.
11. If the seller is obliged to deliver the goods to the place specified by the buyer in the order according to the purchase contract, the buyer is obliged to accept delivery of the goods. In case that for the reasons on the buyer's side it is necessary to deliver the goods repeatedly or in any other way than has been stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, more precisely the costs associated with another delivery method.
12. When receiving the goods from the carrier, the buyer is obliged to check the intactness of the goods packaging and to notify the carrier immediately in case of any defects. In case of the package damage indicating the unauthorized entry into the shipment, the buyer does not have to accept delivery of the shipment from the carrier.
13. The seller shall issue a tax document - an invoice to the buyer. The tax document is sent to the buyer's email address. The tax document is attached to the delivered goods.
14. The buyer acquires the ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but first by accepting delivery of the goods. The liability for an accidental loss, damage or destruction of the goods passes to the buyer at the moment of the goods acceptance or at the moment when the buyer was obliged to accept delivery of the goods, but did not do in conflict with the purchase contract.
VI. Withdrawal from the contract
1. The buyer, who has concluded the purchase contract outside his business as a consumer, has the right to withdraw from the purchase contract even without stating a reason.
2. The period for the withdrawal from the contract represents for 14 days
· from the day of the goods receipt,
· from the day of receipt of the last goods delivery, if several types of goods or delivery of several parts are the subject of the contract
· from the day of receipt of the first goods delivery, if the regular repeated delivery of the goods is the subject of the contract.
3. The buyer may not, among other things, withdraw from the purchase contract:
· about the provision of services, if they were fulfilled with his prior explicit consent before the expiry of the withdrawal period, and the seller, before the contract conclusion, has informed the buyer that in such a case he/she is not entitled to withdraw from the contract and if the service was fully provided,
· about the supply of goods or service, the price of which depends on fluctuations in the financial market, regardless of the seller's will, and which may occur during the withdrawal period;
· about the supply of alcoholic beverages, the price of which was agreed at the time of the contract conclusion, which can be only delivered after 30 days and their price depends on the market fluctuations independent of the seller's will,
· about the supply of goods that have been modified according to the buyer's wishes, about the goods made to measure or goods specifically designed for one buyer,
· about the supply of perishable goods, as well as the goods which, upon delivering in regard to their nature, were irreversibly mixed with other goods
· about the supply of goods in a closed package which is not suitable to be returned for the reasons of health protection or for hygienic reasons and whose protective packaging has been damaged after delivery
· about the supply of sound recordings, visual recordings, audio-visual recordings, books or computer software, if they are sold in protective packaging, and the buyer has unpacked this packaging,
· about the supply of newspapers, periodicals or magazines, with the exception of a sale on the basis of a subscription agreement and the sale of books undelivered in protective packaging
· about the supply of an electronic content other than on a tangible medium, if its provision has been initiated with the buyer's explicit consent and the buyer has declared that he/she has been duly instructed about that and by expressing this consent, he/she loses the right of withdrawal from the contract,
· in other cases stated in § 7(6) of Law No 102/2014 of the Collection of Laws on consumer protection during the sale of goods or services based on a distance contract or the contract negotiated away from business premises of the seller, as amended.
4. In order to comply with the deadline for withdrawal from the contract, the buyer has to send a withdrawal declaration within the withdrawal period.
5. For the withdrawal from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller shall immediately confirm the receipt of the form to the buyer.
6. The buyer, who has withdrawn from the contract, is obliged to return the goods to the seller within 14 days from the contract withdrawal. The buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by their usual postal way due to their nature.
7. If the buyer withdraws from the contract, the seller shall immediately return to the buyer, all funds, including delivery costs, received from him in the same way, no later than 14 days from the contract withdrawal. The seller shall return the received funds to the buyer in a different way only if the buyer agrees with this and if there will be no additional costs for him.
8. If the buyer has chosen other than the cheapest way of the goods delivery which is offered by the seller, the seller shall return the costs of the goods delivery in the amount corresponding with the cheapest offered way of the goods delivery to the buyer.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer rather than the buyer shall return the goods or shall prove that he/she has sent off the goods to the seller.
10. The buyer has to return the undamaged, non-worn out and unpolluted goods to the seller and, if possible, in the original package. The seller is unilaterally entitled to include the claim for compensation that has arisen on the goods against the buyer's claim for the refund of the purchase price.
11. The seller is entitled to withdraw from the purchase contract due to the sellout of stocks, unavailability of goods or if the producer, importer or supplier of goods has cut off the production or delivery of goods. The seller immediately informs the buyer through the email address stated in the order and shall return all the funds including delivery costs which were received from him under a contract, by the same way or by the buyer's way, within 14 days from the notification about the purchase contract withdrawal.
VII. Rights of defective performance
1. The seller corresponds to the buyer for not having defects in the goods during the receipt. Particularly, the seller corresponds to the buyer that at the time when the buyer took delivery of the goods:
· the goods have properties that have been negotiated by the parties, and if the arrangement is lacking, it has such qualities that the seller or producer has described or which the buyer has expected with regard to the goods nature and the advertising done by the seller,
· the goods are right for the purpose stated for their use by the seller or to which the goods of this kind are usually used,
· the goods correspond to the quality or realization of the agreed sample or model if the quality or realization has been determined by the agreed sample or model,
· the goods are in the corresponding quantity or weight and
· the goods comply with the requirements of legal texts.
2. If the defect manifests itself within six months from the goods receipt by the buyer, it is because the goods have been defective on the receipt. The buyer is entitled to apply the rights of the defect that occurs in consumer goods at the time of 24 months from the receipt. This provision shall not apply to the goods sold at a lower price because of the defect for which the lower price has been agreed, for the wear of the goods due to its usual use, with the used goods because of the defect corresponding to the extent of use or wear which the goods have had on the receipt by the buyer, or if it arises from the goods nature.
3. In case of the defect occurrence, the buyer may submit a complaint to the seller and require:
· if it is the defect that can be removed:
o free removal of the goods defect
o the exchange of the goods for the new goods
· if it is the defect that cannot be removed:
o an adequate discount on the purchase price
o to withdraw from the contract.
4. The buyer has the right to withdraw from the contract,
· if the goods have the defect that cannot be removed and which prevents the thing from being properly used as a non-defective thing,
· if the goods cannot be properly used for the repeated occurrence of defect or defects after repair,
· if the goods cannot be properly used for a greater number of defects in the goods.
5. The seller is obliged to accept the complaint in any establishment where the complaint acceptance is possible, or at the main office or the place of business. The consumer can also apply the complaint to the person given by the seller. If the consumer's complaint is handled by the person given by the seller, the complaint can be handled only by handing in the repaired goods, otherwise the complaint will be handled by the seller. The seller is obliged to give to the buyer a written confirmation of when the buyer has applied the right, what is the complaint content and what manner of handling the complaint is required by the buyer, as well as the confirmation of the date and manner of handling the complaint, including the confirmation of the carrying out repair and its duration, or the written justification of the complaint rejection.
6. If the consumer applies the complaint, the seller or an authorized employee or a person determined by him is obliged to instruct the consumer in his rights arising from the defective performance. On the basis of the consumer's decision, which of the rights arising from the defective performance are applied, the seller or an authorized employee or a person determined by him is obliged to determine the manner of handling the complaint immediately, in complicated cases, no later than three working days from the day of the complaint application, in justified cases, particularly if a complex technical evaluation of the goods condition is required, no later than 30 days from the day of the complaint application. After determining the manner of handling the complaint, the complaint, including the defect removal, must be handled immediately, and in justified cases, the complaint may be handled even later. However, handling of the complaint, including the defect removal, may not last longer than 30 days from the day of the complaint application. Vain expiry of this period is considered as a substantial breach of the contract and the buyer has the right to withdraw from the purchase contract or has the right to exchange goods for the new goods. The moment when the buyer's declaration of will comes, it is considered as the moment of the complaint application (the application of the right of defective performance) to the seller.
7. The seller informs the buyer in writing about the complaint result, no later than 30 days from the day of the complaint application.
8. The right of defective performance does not belong to the buyer, if the buyer has known before the receipt that the thing is defective or if the buyer caused the defect himself.
9. In case of the authorized complaint, the buyer has the right for the compensation of the functionally spent costs incurred in connection with the complaint application. The buyer may apply this right with the seller within one month after the expiry of the warranty period.
10. The buyer has the choice of the complaint method and its handling, if there are several options.
11. The rights and obligations of the contracting parties with regard to the rights of defective performance are followed by Paragraphs 499 to 510, Paragraphs 596 to 600 and Paragraphs 619 to 627 of Law No 40/1964 Coll. of the Civil Code, as amended, and by Law No 250/2007 of the Collection of Laws on consumer protection, as amended.
12. Other rights and obligations of the parties related to the seller's responsibility for the defects are adjusted by the seller's complaint order.
1. The contracting parties may deliver each other all the written correspondence by an electronic mail.
2. The buyer delivers the correspondence to the seller's email address specified in these commercial conditions. The seller delivers the correspondence to the buyer's email address stated in his customer account or in the order.
IX. Out-of-court solution to disputes
1. The consumer has the right to turn to the seller with the request to remedy, if he/she is not satisfied with the manner in which the seller has handled his complaint or if he/she believes that the seller has violated his rights. The consumer has the right to draw up a proposal for the beginning of an alternative (out-of-court) solution to dispute in the subject of an alternative solution to disputes, if the seller responded negatively to the request under the previous sentence or did not respond to it within 30 days from the day of its dispatch. This does not affect the possibility for the consumer to apply to the court.
2. To the out-of-court solution to disputes of a consumer from the purchase contract is relevant the Slovak Trade Inspection, domiciled in Prievozská 32, 827 99 Bratislava, CRN: 17 331 927, which can be contacted by caught object at the address: Slovenská obchodná inšpekcia, Ústredný inšpektorát, Odbor medzinárodných vzťahov a alternatívneho riešenia sporov, Prievozská 32, 827 99 Bratislava 27, or electronically at email@example.com or adr.@soi.sk. Internet address: https://www.soi.sk. The online platform for the solution to disputes located at http://ec.europa.eu/consumers/odr can be used for the solution to disputes between the seller and the buyer from the purchase contract.
3. The European Consumer Centre in the Slovak Republic, domiciled in Mlynské nivy 44/a, 827 15 Bratislava, web address: http://esc-sr.sk is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online solution to disputes of a consumer and on amendment of Regulation (EC) No 2006/2004 and Directive 2009/22/EC (regulation on the online solution to disputes of a consumer).
4. The seller is entitled to sell the goods on the basis of a trade permission. The trade inspection is performed within the scope of its authority by the relevant District Office of the Trade Business Department. The Slovak Trade Inspection performs, within the defined range among other things, a supervision over the compliance with the Law No 250/2007 of the Collection of Laws on consumer protection, as amended.
X. Final provisions
1. All arrangements between the seller and the buyer are managed by legal system of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties agreed on that the relationship is abided by the law of the Slovak Republic. This is without prejudice to the consumer rights arising from general binding rules.
2. The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of Law No 250/2007 of the Collection of Laws on consumer protection, as amended.
3. All rights to the seller's websites, particularly copyright to the content, including the layout of page, photos, movies, graphics, trademarks, logo, and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the websites or their part without the seller's consent.
4. The seller does not bear the responsibility for mistakes that might result from the third party intervention to the online store or as a result of its use in conflict with its designation. The buyer may not use any procedures that could adversely affect its operation when using the online store, and may not perform any activity that could allow him or the third parties to interfere or use the software or other components of the online store without authorization and use the online store or its parts or software in such a way that would be in conflict with its designation or purpose.
5. The purchase contract, including the commercial conditions, is archived by the seller in the electronic form and is not publicly available.
6. The wording of the commercial conditions may be changed or refilled by the seller. This provision is without prejudice to the rights and obligations arising for the period of effect of the previous version of the commercial conditions .
7. A sample form for withdrawal from the contract is an annex of the commercial conditions.
These commercial conditions shall come into force on 1 April 2019.