I. Introductory provisions and definitions
1. These General Terms and Conditions (hereinafter also "GTC") govern the legal relations between the company
Business name: LIBOM s.r.o.
Registered office: Piešťanská 31 / A, Nové Mesto nad Váhom 915 01, Slovakia
The company was registered on 14 October 2009 in the Commercial Register kept by the District Court of Trenčín, Section Sro, File 22165 / R.
ID: 44947577
VAT Nr.: SK2022904268
The seller is a VAT payer (Value Added Tax)
Bank account IBAN: SK83 0200 0000 0030 7513 7558
SWIF (BIC): SUBASKBX
Všeobecná úverová banka, a.s.
(hereinafter also “Seller”) and any person who is the buyer of goods or services offered by the Seller in the Seller's Online Store and who acts as a consumer in accordance with other provisions of these General Terms and Conditions and applicable laws defining the consumer, within the applicable Slovak legislation. Republic, in particular laws, Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and Act no. 250/2007 Coll. on consumer protection, as amended.
1.1. The contact and address of the seller is:
LIBOM s.r.o., Piešťanská 31 / A, Nové Mesto nad Váhom 915 01, Slovakia
E-mail address: obchod@modularneploty.sk
Phone number: +421 903 279 914
1.2. These General Terms and Conditions govern the legal relations between buyers, who are consumers and sellers.
2. The Buyer is any person (natural person or legal entity) who has filled in and sent the order through the Seller's Online Store and who has received an email notification of receipt of the order. The buyer is also any person who placed the order by phone or email.
2.1. The consumer is a buyer who is a natural person and who does not act within the scope of his business when concluding a purchase contract through the seller's online store.
2.2. For contractual relations (as well as other legal relations that may result from the contractual relationship) with buyers who act as legal entities, resp. with natural persons - entrepreneurs who act within the scope of their business activities (buyers who do not act as consumers) are subject to the provisions of Act no. 513/1991 Coll. Commercial Code as amended.
2.3. For the purposes of these General Terms and Conditions, a distance contract means an agreement between the seller and the consumer agreed and concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the seller and the consumer, in particular by website, e-mail, telephone, fax, letter or the supply catalog.
3. Products are goods or services that are intended for sale and are also published in the Seller's Online Store.
4. The Supplier of the goods and services offered in the Online Store is the Seller.
5. The Seller is also the operator of the electronic system through which it operates an online store on a domain called www.modularneploty.sk (hereinafter also "Internet Store").
6. The competent authority supervising consumer lawfulness shall be:
Inspectorate of the Slovak Trade Inspection based in Trenčín for the Trenčín Region Hurbanova 59, 911 01 Trenčín Slovak republic
Contact: Telephone number: +421 32 640 01 09
E-mail address: tn@soi.sk
Web link for submission of complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi
7. In case of any complaints or suggestions, the consumer can also address them directly to the seller, while he recommends that consumers address complaints and suggestions to the seller to the seller's email address: obchod@modularneploty.sk Any complaint will be assessed and processed within 10 working days in accordance with the law of the Slovak Republic. The seller informs the consumer about its equipment in the same form as the consumer delivered the complaint or complaint to the seller.
II. Product order - concluding a purchase contract
1. The proposal for the conclusion of the purchase contract by the buyer, the order of products is realized through an electronic order form using the Seller's website, or other means of remote communication, especially e-mail, telephone, fax, mailing list or offer catalog. In the case of payment for the products before their delivery to the Buyer, the purchase price is considered paid on the day the funds are credited to the Seller's account.
2. Acceptance of the product order by the Seller, and thus the conclusion of the purchase contract occurs on the basis of a written confirmation (electronically) of receipt of the order.
3. The purchase contract is concluded for a definite period and expires upon fulfillment of the obligations of the Seller and the Buyer.
4. Purchase contract and may also expire upon withdrawal from the purchase contract by the consumer
III. Purchase price and payment terms
1. The price of goods and services ordered through the Online Store (hereinafter referred to as the "purchase price") is listed separately for each product and is valid at the time of creation of the order by the Buyer.
2. The base currency shall be the euro.
3. The purchase price of goods and services is stated including VAT, while it is clearly stated on the Seller's Internet shop. By sending the order, the Buyer accepts the stated purchase prices. The purchase price of the products does not include transport costs or other costs related to the delivery of the products. Forms of transport and transport fees are listed in Article VII point. 2 et seq., Of these GTC. The forms of payment for the Goods and the fees for the said forms of payment are set out in Article IV. point 1 et seq., of these GTC, while the buyer undertakes to pay the fees for the chosen form of transport and for the chosen form of payment together with the purchase price of the goods, according to the chosen form of transport and payment.
IV. Payment methods
1. You can pay for the goods and services in the Seller's Online Store in the following ways:
1.1. cash on delivery (you pay directly to the courier or at the post office upon receipt of the goods) - fee: 0 € (including VAT)
1.2. payment in advance - online bank card VISA and MasterCard to the seller's account - fee: 0 € (incl. VAT)
1.3. payment in advance - online payment gateway PayPal to the seller's account - fee: 0 € (including VAT)
1.4. payment by deposit or non-cash transfer to the seller's account - fee: 0 € (including VAT)
V. Delivery of Products
1. The seller is obliged to fulfill the order and deliver the goods or services to the buyer within 42 days from the date of conclusion of the purchase contract in accordance with Art. II, point 2, of these GTC. However, the usual delivery time for goods or services is 5 working days from the date of concluding the purchase contract in accordance with Art. II, point 2, of these GTC.
1.1. The seller is obliged to deliver the products to the buyer in the ordered quantity and quality, together with the tax documents that relate to the order and other documents, if they exist and are typical for the products or services.
2. The place of delivery of the ordered product is the address specified by the Buyer in the order.
3. The seller will deliver the product at his own expense to the buyer (or the person authorized in writing by the buyer to take over the product) or through third parties (transport and delivery companies).
4. Delivery of the product is made by its acceptance by the Buyer (or the person authorized in writing by the Buyer to take over the product).
5. The Seller may send goods that are immediately available to the Buyer and deliver the remaining part of the order additionally within the statutory period, but provided that the Buyer will not be charged any additional costs, and only if the Buyer agrees.
VI. Product download
1. The risk of damage to the product and liability for damage to the product passes to the Buyer by its proper acceptance, regardless of whether the Buyer takes over the product in person or through an authorized third party. 2. Ownership passes from the Seller to the Buyer at the time of delivery and proper acceptance of the goods or services.
2.1. The buyer has, among other things, the right not to take over the delivered product from the carrier, especially if the delivered item is of a different type or in cases of: a) delivery of a thing that is in conflict with the concluded purchase contract (another or damaged thing), b) delivery of the item in damaged packaging or, c) delivery of the item without relevant documents.
2.2. If the item is delivered to the Buyer according to letter a) point
2.1 of this article, the buyer has, among other things, the right to the Seller to deliver the item to him free of charge and without undue delay in accordance with the agreed conditions in the purchase contract, either by exchanging the item or by repairing it. If such a procedure is not possible, the buyer has the right to request a discount on the purchase price or to withdraw from the contract.
2.3. The Buyer is obliged to pay the Seller for the goods delivered or the service properly and on time.
VII. Shipping - methods of transporting products and the price for their transport
1. The seller's shipping costs are not included in the purchase price of the product listed on the website. Forms of transport are listed in Art. VII point 2.1. et seq., of these GTC, while the prices for the above forms of transport are specified in Art. VII point 2.2. et seq., these GTC.
2. Methods of transport and price for transport of ordered products.
2.1. Forms of transport:
2.1.1. Slovak POST OFFICE
2.1.2. Courier service
2.1.3. Personal collection
2.2. Shipping prices:
2.2.1. Price for transport via Slovak Post: 3,00 € (including VAT)
2.2.2. Price for delivery by courier service: 3,00 € (incl. VAT)
2.2.3. Price in case of personal collection at the Seller's premises: 0 € (including VAT)
VIII. Withdrawal of the buyer from the purchase contract without giving a reason
1. The consumer is entitled to withdraw from the contract without giving a reason within 14 calendar days from the date of receipt of the goods, if the seller has duly and timely fulfilled the information obligations under § 3 para. 1 letter h). law no. 102/2014 Coll. in pl wording. If the seller has provided the consumer in a timely and proper manner with information on the right to withdraw from the contract pursuant to § 3 para. 1 letter h) of Act no. 102/2014 Coll.)., The consumer is entitled to withdraw from the contract concluded at a distance, or from the contract concluded outside the premises of the seller within 14 days from the date:
a) taking over of goods according to Art. VIII, point 1a. these GTC in the case of contracts the subject of which is the sale of goods,
b) the conclusion of a service contract; or
c) concluding a contract for the provision of electronic content not delivered on a tangible medium.
1a. The goods shall be deemed to have been taken over by the consumer at the moment when the consumer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods or if
a) the goods ordered by the consumer in one order are delivered separately, at the moment of taking over the goods that were delivered last,
b) delivers goods consisting of several parts or pieces, at the moment of taking over the last part or the last piece,
c) delivers the goods repeatedly during a specified period, at the time of taking over the first goods delivered.
1.1. If the seller has provided the consumer with information according to § 3 par. 1 letter h), Act no. 102/2014 Coll. as amended only subsequently, but no later than within 12 months from the beginning of the period for withdrawal from the contract pursuant to Art. VIII point 1 of these GTC, the period for withdrawal from the contract expires after 14 days from the date when the seller subsequently fulfilled the information obligation.
1.2. If the seller has not provided the consumer with information according to § 3 par. 1 letter h) Act. no. 102/2014 Coll. as amended or in the additional period pursuant to Art. VIII point 1.1 of these GTC, the period for withdrawal from the contract expires after 12 months and 14 days from the date of commencement of the period for withdrawal from the contract under the paragraph under Art. VIII point 1 of these GTC
1.3. The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the withdrawal period.
2. The consumer is obliged to return the goods or hand them over to the seller or the person authorized by the seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This does not apply if the seller proposes to pick up the goods in person or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to have been observed if the goods have been handed over for carriage not later than the last day of the time limit. (§10 paragraph 1 of Act No. 102/2014 Coll.).
3. If the consumer wants to exercise this right, he is obliged to notify the Seller of the withdrawal from the purchase contract no later than on the last day of the specified period. The withdrawal period is considered to be maintained if the notice of withdrawal was sent to the seller no later than the last day of the period to the address of the seller's registered office, which is: LIBOM s.r.o., Piešťanská 31 / A, Nové Mesto nad Váhom 915 01, Slovakia The consumer may also exercise this right at any of the seller's establishments.
4. Withdrawal from the purchase contract can be applied to the seller in paper form or in the form of a record on another durable medium. Withdrawal from the contract can also be made through the Withdrawal Form, which is available on the seller's website. The consumer is also entitled to withdraw from the contract orally, in particular by a clearly formulated statement by the consumer expressing his willingness to withdraw from the contract. We recommend the consumer to state the order number, the date of purchase, the type of goods from which he withdraws, name and address, and, if applicable, the account number to which all payments he has made to the seller from the withdrawing contract will be refunded if he decides. that he requests to send payment for the goods to the account number indicated on it. Otherwise, the seller will refund the consumer for the goods in the same way as the consumer used in his payment. 5. By withdrawing from the contract, the contracting parties are obliged to return the services provided to each other. The consumer is only liable for the reduction in the value of the goods which has arisen as a result of the handling of the goods which goes beyond the treatment necessary to ascertain the characteristics and functionality of the goods. The consumer is not responsible for the reduction in the value of the goods if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract under § 3 para. 1 letter h). Act no. 102/2014 Coll.
6. The consumer can use the withdrawal form from the purchase contract without giving a reason without giving a reason: https://www.modularneploty.sk/img/cms/dokumenty/formular-na-odstupenie-od-zmluvy.pdf. The form is freely accessible for viewing and downloading on the seller's website.
7. If the consumer withdraws from the contract in accordance with Act No. 102/2014 Coll., He shall bear the costs of returning the goods to the seller pursuant to § 10 para. 3 of Act no. 102/2014 Coll., And if he withdraws from the contract concluded at a distance, the cost of returning goods, which due to their nature can not be returned by mail, This does not apply if the seller has agreed to bear them himself or if he has not fulfilled the obligation according to § 3 par. 1 letter i). Act no. 102/2014 Coll.
8. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the consumer to return to the consumer all payments received from him under or in connection with the contract, including shipping, delivery, postage and other costs. and fees; this does not affect the provision of § 8 par. 5. Act no. 102/2014 Coll. Act on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws
9. Pursuant to § 9 par. 3 of Act no. 102/2014 Coll., The Seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a different method of delivery than the cheapest standard method of delivery offered by the Seller. Additional costs are the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard delivery method offered by the seller.
10. The consumer shall be entitled to refuse to return the goods which he has acquired under the contract concluded during or in connection with the sale to the seller until the seller has returned to the consumer the price paid or the advance payment for the goods or services.
11. Shipments sent in case of withdrawal from the purchase contract as a cash on delivery will not be accepted by us. We recommend buyers to send shipments by registered mail or similar form without stating the amount of cash on delivery.
12. Upon withdrawal from the contract, the consumer shall bear only the cost of returning the goods to the seller or to the person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear them himself, or if he has not fulfilled the obligation under § 3 para. 1 letter i). Act on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws
13. In addition to the obligations set out in paragraphs 1, 3 to 5 and § 9 para. 3 of Act no. 102/2014 Coll. the exercise of the consumer's right of withdrawal must not result in additional costs or other obligations for the consumer.
14. The right to withdraw from the contract does not apply to goods and services, which are defined in §7 par. 6 letter a) to l) of Act no. 102/2014. Z.z.
Specifically:
a) the provision of the service, if it has been provided with the consumer's express consent and the consumer has been duly informed that, by giving his consent, he loses the right to withdraw from the contract after the service has been provided in full, and if the service has been provided in full;
b) the sale of goods or the provision of services, the price of which depends on price movements on the financial market which the seller cannot influence and which may occur during the withdrawal period,
c) the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for a single consumer,
d) the sale of goods which are subject to rapid deterioration or deterioration,
e) the sale of goods enclosed in protective packaging which cannot be returned for health or hygienic reasons and whose protective packaging has been broken after delivery,
f) sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
g) the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, their delivery being possible after 30 days at the earliest and their price depending on market price movements over which the seller cannot influence,
h) performing urgent repairs or maintenance explicitly requested by the consumer from the seller; this does not apply to service contracts and contracts having as its object the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not pre-order these services or goods,
i) the sale of sound recordings, video recordings, audio-visual recordings or computer software sold in protective packaging, if the consumer has unpacked that packaging,
j) the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
k) provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed time,
l) the supply of electronic content other than on a tangible medium, provided that the supply has begun with the consumer's express consent and that the consumer has indicated that he has been duly informed that, by giving his consent, he loses the right of withdrawal.
15. In the event of withdrawal from the contract, the Seller is obliged to return the funds to the Consumer in the same form as he received them from the Consumer.
It is only possible to change the form of returning funds to the Consumer with the consent of the consumer.
16. Upon withdrawal from the contract, the subject of which is the sale of goods, the seller is not obliged to return payments to the consumer under § 9 paragraph 1 of Act no. 102/2014. Z.z. before the goods are delivered to him or until the consumer proves that the goods have been returned to the seller, unless the seller proposes to pick up the goods in person or through a person authorized by him.
IX. Alternative dispute resolution
1. If the consumer is not satisfied with the way in which the seller has handled his complaint or considers that the seller has infringed his rights, the customer has the right to seek redress from the seller. If the seller responds to the customer's request according to the previous sentence or does not respond to such a request within 30 days from the date of its sending to the customer, the customer has the right to file a motion to initiate alternative dispute resolution under § 12 of Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Laws. The Competent Entity for Alternative Dispute Resolution with the Seller is the Slovak Trade Inspection Authority or another relevant authorized legal entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at https://www.mhsr.sk/, or directly the customer has the right to choose which of these ADR entities to turn to. The customer can use the online dispute resolution platform available at https://ec.europa.eu/consumers/odr/ or directly at this link to submit an alternative dispute resolution to their consumer dispute. All other information regarding alternative dispute resolution between the Seller and the Buyer - consumer arising from the Purchase Agreement as a consumer contract or related to the Purchase Agreement as a consumer contract is listed on the website of the Ministry of Economy of the Slovak Republic https://www.mhsr.sk/ and in Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Laws.
X. Final provisions
1. The seller reserves the right to change the General Terms and Conditions. The obligation to notify the change of the General Terms and Conditions in writing is fulfilled by placing it in the Seller's Online Store. In the event of a change in the General Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Terms and Conditions valid and effective at the conclusion of the Purchase and Sales Agreement, up to the moment of its termination.
2. In addition to the general provisions of Act no. 40/1964 Coll. Civil Code as amended, as well as special regulations, especially Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and Act no. 250/2007 Coll. on consumer protection.
3. These General Terms and Conditions form an integral part of the Complaints Procedure and the Principles and Instructions on Personal Data Protection of this online store. The documents - Complaints Procedure and the Principles and Instructions on the protection of personal data of this online store are published on the domain of the Seller's online store.
4. These general terms and conditions become valid and effective upon their publication in the seller's online store 01.07.2020.
Attachments - Formulár pre odstúpenie od zmluvy (PDF)