General terms and conditions
Dynamax Group a.s.
with its registered office at Seberíniho 2/A ,821 03 Bratislava,Slovakia
IČ DPH: SK2022224193
registered in the Commercial Register of the District Court in Bratislava I, Section Sro, Insert No .: 3986/B
for the sale of goods through an on-line shop located at www.plush2.com to persons other than consumers.
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as “terms and conditions”) of Dynamax Group a.s., registered office Seberíniho 2/A ,821 03 Bratislava, ID No .: 36661121, registered in the Commercial Register of the District Court in Bratislava I, Section Sro, B (hereinafter referred to as the “Seller”) govern in accordance with the provisions of § 409 et seq. of Act no. 513/1991 Coll. the Commercial Code (hereinafter referred to as the “Commercial Code”), mutual rights and obligations of the parties arising from and in connection with the purchase contract with respect to the sale of goods (hereinafter the “purchase contract”) concluded between the seller and the legal entity or natural person goods in the course of their business or in the course of their own trade, hereinafter referred to as “the buyer”. Where a person intending to purchase goods from a seller is a consumer, rights and obligations between the seller and such other person shall be governed by specific contractual arrangements.
1.2. Provisions different from the terms and conditions can be negotiated in the sales contract. Different arrangements in the sales contract take precedence over the provisions of the terms and conditions. The provisions of the Terms and Conditions form an integral part of the purchase contract.
1.3 The Seller may amend or amend the wording of the Terms and Conditions. This does not affect the rights and obligations of the contracting parties arising during the period of effect of the previous wording of the Terms and Conditions.
2. SELLER’S OFFER
2.1. The online store is operated by the Seller on a website located on the Internet address www.prolifegroup.sk (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Web Interface of the Store”).
2.2 All the presentation of goods placed in the web interface of the shop is of informative character and the seller is not obliged to conclude a purchase contract with respect to these goods.
2.3 The prices of goods within the web interface of the seller are given in euros, including the amount of value added tax (hereinafter “VAT”). Unless expressly stated otherwise, the price means the price without VAT. Unless stated otherwise, the prices of goods by the seller are stated without the costs associated with the delivery of goods.
3. USER ACCOUNT
3.1. Upon registration of the Buyer on the Website, the Buyer may access its user interface. From its user interface the buyer can order goods (hereinafter referred to as “user account”).
3.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data in the user account upon any change. The data provided by the buyer in the user account and when ordering the goods are considered correct by the seller.
3.3 Access to the user account is secured by user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
3.4. The buyer is not authorized to allow the use of the user account by third parties.
3.5. The Seller may cancel the User Account, especially if the Buyer has not used his User Account for more than six (6) months, or if the Buyer breaches his obligations under the Purchase Agreement (including Terms and Conditions)
3.6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or the Seller. necessary maintenance of third party hardware and software.
4. CONCLUSION OF PURCHASE CONTRACT
4.1. To order goods, the buyer fills in the order form in the web interface of the shop, while the web interface of the shop allows ordering goods also without registration, directly from the web interface of the shop.
4.2. The order form shall contain, in particular, information on:
4.2.1. ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the shop),
4.2.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods
4.2.3. information on costs associated with the delivery of goods (hereinafter collectively referred to as the “order”)
4.3. The buyer sends the order to the seller by clicking on the “Confirm order” button. The information given in the order is considered correct by the seller. The Seller shall promptly confirm this fact to the Buyer by e-mail to the Buyer’s e-mail address specified in the User Account or Order (hereinafter referred to as “Buyer’s E-mail Address”)
4.4 Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example in writing or by telephone) or to pay a deposit for the price of the goods and reimbursement )).
4.5 The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.
5. SUBJECT OF THE PURCHASE CONTRACT
5.1. By the purchase contract, the seller undertakes to deliver to the buyer the goods specified in the purchase contract (hereinafter referred to as the “goods”) and to transfer the ownership of the goods to the buyer. delivery of goods.
6. PAYMENT CONDITIONS
6.1. The price of the goods is specified in the purchase contract.
6.2. The price of the goods and any costs associated with the delivery of goods under the purchase contract, the buyer can pay the seller in the following ways:
6.2.2. cash on delivery at the place specified by the buyer in the order;
6.2.3. bank transfer to the seller’s account
IBAN: SK21 1100 0000 0026 2771 3054 (hereinafter referred to as “Seller’s Account”);
6.2.4. by cashless third party payment system;
6.2.5. cashless payment card;
6.2.6. if expressly agreed in the purchase contract, the buyer may also pay the price of the goods by wire transfer to the seller’s account on the basis of a tax document – invoice, with the maturity of the price of the goods is fourteen (14) days.
6.3. Unless stipulated otherwise, the buyer is obliged to pay the costs of delivery of the goods together with the price of the goods. Unless expressly stated otherwise, the provisions relating to the method of payment and maturity of the price of the goods shall also apply to the method of payment and maturity of the costs associated with the delivery of the goods.
6.4 The seller is a VAT payer. VAT will therefore be added to the price of the goods in cases provided for by generally binding legislation and in accordance with that legislation.
6.5 Unless agreed otherwise, any discounts on the price of goods provided by the seller cannot be combined.
6.6 In case of any cashless payment, the buyer is obliged to pay the price of the goods or the advance payment for the price of the goods together with the variable symbol of the payment. In the case of any cashless payment, the buyer’s obligation to pay the price of the goods or an advance on the price of the goods is fulfilled at the moment of crediting the respective amount to the seller’s account.
6.7. The Seller is entitled at any time to request payment of part of the price of the goods (eg For part of the goods) or payment of an appropriate advance on the price of the goods.
6.8 In the event of a delay by the Buyer in the payment of any or part of the payment, the Seller shall be entitled to interest on late payment at an amount determined in accordance with applicable legislation on the amount due for each day of delay. In the event of the Buyer’s delay in paying the price of the goods, the advance on the price of the goods or other payments under the Purchase Agreement, the Seller shall be entitled to withdraw from the Purchase Agreement and / or interrupt the fulfillment of any of its obligations to the Buyer.
6.9 If the funds provided by the Buyer are not sufficient to cover all Seller’s receivables due from the Buyer, the Buyer’s payments will be used to pay the Seller’s receivables from the Buyer in the following order: default interest, other accessories receivable related to Buyer’s default, contractual penalties.
6.10. Claims against the seller can only be unilaterally set off against the price of the goods if it is a receivable due by the seller in writing in respect of the reason and amount or a claim of the buyer lawfully declared in court or arbitration proceedings.
6.11. If it is usual in business relations, the Seller shall issue a tax document – invoice to the Buyer regarding payments made under the Purchase Agreement and send it electronically to the Buyer’s email address. Upon the Buyer’s request, the Seller shall send the Buyer a tax document – invoice in printed form.
7. DELIVERY OF GOODS
7.1. Except as otherwise agreed in the Purchase Agreement, they are governed by the Ex Works (EXW) INCOTERMS 2010 International Chamber of Commerce clause on the rights and obligations of the parties in delivering the goods.
7.2. If the Seller is obliged to deliver the goods to the place specified by the Buyer under the Purchase Agreement, the Buyer is obliged to take over the goods upon delivery. If the buyer does not take delivery of the goods upon delivery, the seller is entitled to claim reimbursement of incurred costs and is further entitled to withdraw from the purchase contract.
7.3. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the purchase contract, the Buyer is obliged to pay the costs associated with repeated delivery or other delivery.
7.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the number (quantity) of goods and the integrity of the packaging of the goods and in case of any defects notify the carrier and the seller immediately. The buyer is obliged to confirm the receipt of the goods on the delivery note (signature, stamp). If the Buyer accepts the damaged shipment from the carrier, he must describe the damage of the shipment in the carrier’s handover protocol and immediately notify the seller by telephone and in writing, otherwise the buyer confirms by confirming the delivery note that the shipment fulfilled all conditions cannot be taken into account.
7.5. The Seller is also entitled to a partial performance of the purchase contract.
7.6. Unless there are objective obstacles to the delivery of the goods, the seller is obliged to deliver the goods within the time limit set in the contract of sale or within a reasonable period, taking into account the nature of the goods and the place of delivery. The seller is entitled to deliver the goods earlier. If the seller delivers the goods before the specified time, the buyer is not entitled to refuse the goods. Objective barriers to the delivery of goods are all circumstances preventing the delivery of goods not caused by the seller, in particular failure in operation, difficulties in transporting goods from the manufacturer, strike or lockout.
7.7 If the goods are delivered no later than 30 (thirty) days from the date when the goods were to be delivered under the purchase contract, it is a proper performance of the seller and such delivery does not violate the purchase contract. The Buyer shall not be entitled to any such claims against the Seller.
8. TRANSFER OF RISK OF DAMAGE TO GOODS, TRANSFER OF OWNERSHIP
8.1. If the seller is obliged to hand over the goods to the carrier, the risk of damage to the goods passes to the buyer by his handover to the first carrier. If the goods are already transported at the time of conclusion of the purchase contract, the risk of damage to the goods passes to the buyer by its handover to the first carrier (retroactively).
8.2. If the parties have agreed to take over the goods in the seller’s warehouse, the risk of damage to the goods passes to the buyer at the time when he takes over the goods from the seller, or fails to do so in time, at the time when the goods should have been taken over.
8.3. Damage to the goods that arose after the transfer of its danger to the buyer does not affect its obligation to pay the price of the goods and the fulfillment of the seller’s obligation to deliver the goods properly and on time.
8.4. Ownership of the goods passes to the buyer by paying the full price of the goods.
8.5. Ownership right passes from the seller to the buyer only after full payment of the purchase price. If the seller is obliged to hand over the goods to the carrier, the title to the goods is transferred to the buyer by his handover to the first carrier. If the goods are already transported at the time of conclusion of the purchase contract, the ownership right to the goods passes to the buyer by concluding the purchase contract. If it has been agreed to take over the goods in the seller’s warehouse, the title to the goods passes to the buyer as soon as he takes over the goods from the seller.
9. GOODS CHARACTERISTICS, GOODS DOCUMENTS AND HANDLING OF GOODS
9.1. When handling the goods, the buyer is obliged to comply with all measures resulting from the generally binding legal regulations, from the documents provided to him by the seller in relation to the goods (technical manuals) and from the instructions and information given on the packaging of goods or in the documents for goods. When handling the goods, the buyer is obliged to act appropriately with respect to all information that is stated on the packaging of the goods and in documents related to the goods.
9.2. The information provided in the goods documents and on the packaging of the goods is based on the seller’s current knowledge and experience, based on the assumption of proper use of the goods under normal conditions and circumstances and in accordance with the seller’s recommendations.
9.3. The seller reserves the right to change the technical parameters of the goods.
10. RIGHTS OF DEFECTIVE PERFORMANCE
1.10 The rights and obligations of the parties regarding the rights of the buyer from defective performance, including the seller’s warranty liability, shall be governed by the relevant generally binding regulations, unless otherwise specified.
10.2. The buyer is obliged to inspect the goods with due care as soon as possible after passing the risk of damage to the goods.
10.3. The contracting parties agree that, unless otherwise stipulated by generally binding legal regulations, the seller is liable only for the duties. Indication of the expiration date on the packaging does not have the effect of acceptance of the quality guarantee by the seller.
10.4. The liability for defects on the part of the seller is excluded, especially if the goods were not used in accordance with the instructions given in the documents relating to the goods, the deficiencies of the goods were caused by force majeure or erroneous action by the buyer or third party.
10.5. If the goods have defects, the buyer’s claims for liability for defects shall be satisfied as follows: delivery of the missing goods, removal of other defects of the goods, delivery of replacement goods for defective goods, a reasonable discount on the purchase price.
11. COMPLAINTS OF GOODS DEFECTS
11.1. The Buyer’s rights arising from the Seller’s liability for defects shall be claimed by the Buyer in writing at the Seller’s registered office (hereinafter referred to as the “Claim”).
11.2. If the goods were delivered in a different quantity, quality or design than specified in the purchase contract, the claim must be lodged with the seller immediately after receiving or picking up the goods. If no complaint is made without delay according to the previous sentence, the goods shall be deemed to be properly delivered. In such a case, the Buyer is obliged to submit to the Seller decisive facts regarding the defects of the claimed goods and the relevant delivery notes of the goods.
11.3. Claim of goods by the buyer does not affect its obligation to pay the price of the goods or fulfill other obligations to the seller.
11.4. The Buyer shall be entitled to reimbursement of the necessary costs incurred in direct connection with the claim only if the claim has been acknowledged by the Seller as justified.
12. LIABILITY FOR INJURY
12.1. Unless stated otherwise, the claim arising from liability for damage caused by the Buyer shall be governed by generally binding legal regulations.
12.2. The prerequisite for the claim for damages is a prompt notification to the seller of the occurrence of damage or the fact that the damage may occur.
12.3. In the event of damage to the Buyer in connection with the Seller’s liability for defects, the Parties have agreed to limit the compensation of such potential damage to the Buyer, unless the damage is caused by the Seller intentionally or through gross negligence, the reason, including lost profits, is limited by the amount actually paid by the buyer to the purchase price for the goods under the purchase contract.
12.4. The contracting parties state, in the light of all the circumstances relating to the conclusion of the purchase contract, that the total foreseeable loss, including loss of profit, which could be incurred by the buyer in connection with the seller’s liability for defective goods may be according to the purchase contract.
13. Seller’S INFORMATION RELATED TO THE SALE OF GOODS
13.1. In the direct connection with the sale of goods, the seller may provide the buyer with non-binding information regarding the goods and their possible use in the form of non-binding recommendations. Unless otherwise agreed in writing, these recommendations are not binding in relation to the characteristics of the goods and their possible use by the buyer and do not establish a contractual relationship between the seller and the buyer to provide such information.
14. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
14.1. If the contracting parties have agreed to pay the purchase price for the goods before delivery of the goods, the buyer is obliged to hand over to the seller documents proving that the payment of the price of the goods has been paid within the agreed time, otherwise in time before the time agreed for delivery. If the Buyer fails to fulfill this obligation, the Seller may refuse to deliver the goods until such documents are handed over. If the buyer fails to secure the obligation to pay the price of the goods within a reasonable period of time determined by the seller, the seller may withdraw from the contract.
14.2. The seller is entitled to use the business name, name or name of the buyer for marketing purposes as a so-called. References in all kinds of promotional materials (regardless of the form of these promotional materials or the technology they are communicating).
14.3. The Buyer agrees to receive information related to the Seller’s goods, services or business to the Buyer’s email address and further agrees to receive business notices from the Seller to the Buyer’s email address.
14.4. The buyer agrees to store the so-called. Cookies on his computer. In the event that the purchase on the website can be made and the seller’s obligations under the purchase contract, without imposing the so-called. Cookies on the buyer’s computer, the buyer can withdraw the consent under the previous sentence at any time.
14.5. A Contracting Party that is in breach of its obligation under the Purchase Agreement (including the Terms and Conditions) or a Party that, having regard to all circumstances, is to know that it will breach its obligation under the Purchase Agreement (including the Terms and Conditions) is obliged to notify the other which prevents or will prevent it from fulfilling its obligation and its consequences. The report shall be made without undue delay after the liable party has become aware of the obstacle or could have learned with due care.
14.6. In accordance with § 8 par. 1 of Act no. 102/2014 Coll. . on Consumer Protection in Mail Order Sales, as amended, the Buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods. Withdrawal from the purchase contract must be delivered to the seller within fourteen (14) days of receipt of the goods. The buyer is obliged to send the withdrawal from the contract to the address of the seller
14.7.In case of withdrawal from the contract, the purchase contract is canceled from the beginning, with the buyer must return the goods without undue delay to the seller after sending the withdrawal. The goods must be returned undamaged and not worn to the seller and, if possible, in the original packaging. The non-withdrawal concerns the sale of goods enclosed in a protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has already been broken after delivery (eg stockings, drugstores, pacifiers, shoe inserts, etc.). .).
14.8, Within fifteen (15) days from the return of the goods by the Buyer, the Seller shall be entitled to inspect the returned goods, in particular to determine whether the returned goods are damaged, worn or partially consumed. If the goods returned by the buyer are damaged, worn out or partially consumed, the seller is entitled to compensation from the buyer. The Seller is entitled to unilaterally set off the claim for damages against the Buyer’s claim for refund of the purchase price.
14.9. The Seller is obliged to return to the Buyer the performance provided by the Seller for the purchased goods within ten (10) days from the end of the period for examination of the goods, but no later than thirty (30) days from the delivery of the withdrawal buyers. The Seller is also entitled to return the performance provided to the Buyer upon return of the goods.
15. PROTECTION OF PERSONAL DATA
15.1. The protection of the personal data of the natural person – the buyer or his representative (hereinafter referred to as the “data subject”) is provided by Regulation No. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) and Law no. 18/2018 Coll. on the protection of personal data and on amendments to certain laws.
15.2. By registering a user account, the data subject agrees with the processing of personal data entered during registration and other personal data obtained by using the user account for the purpose of maintaining the user account by the seller.
15.3. For more information on the processing of personal data by the data subject, click here: https://www.plush2.com/Protection-of-personal-data-and-gdpr
16. FINAL PROVISIONS
16.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Slovak law, excluding the application of the UN Convention on Contracts for the International Sale of Goods.
16.2. The rights and obligations of the parties not specifically regulated by the General Terms and Conditions shall be governed by the relevant provisions of the Commercial Code.
16.3. If any provision of the Terms and Conditions becomes invalid or ineffective, it shall be replaced by a contractual provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
In Bratislava on 16.3.2020
Dynamax Group, a.s.