General terms and conditions
General terms and conditions
1. Data about the operator of www.profibond.sk, hereinafter referred to as the "seller".
1.1 The seller is the company PROFIBOND SLOVAKIA, s.r.o., Mlynská 694/2 STROPKOV 091 01, which is registered in the Commercial Register of the Prešov District Court, reg. no. 32742/p, ID: 50242903, Tax ID: 2120265730 VAT ID: SK2120265730, tel. +421 948 784 464, e-mail: mstochmal@profibond.sk (hereinafter referred to as the "seller").
1.2 Address for personal collection, complaints and returns of goods and others: Pri Rybníku 9. STROPKOV 091 01
1.3 A buyer is any natural or legal person who contacts the seller in any way with the intention of purchasing the goods offered by the seller.
1.4 By using the website of the seller's online store and confirming the order, the buyer agrees to these Terms and Conditions.
1.5 These Terms and Conditions are valid until new Terms and Conditions are issued.
2. Price of goods
3.1 The seller is a VAT payer.
3.2 All prices for goods and services and all fees in the online store are listed with the applicable VAT rate (we are VAT payers).
3.3 The price for the delivery of the goods is added to the basic price of the order, depending on which delivery method the buyer chooses. Packaging is included in the shipping price.
3. Ordering goods
3.1 The buyer can order the goods as follows:
a) via the shopping cart at www.respiratorslovensko.sk
b) by sending an e-mail indicating the desired goods to mstochmal@profibond.sk
c) by ordering via phone. number: 0948 784 464
3.2 After sending the order, your order will be processed and a confirmation of receipt of the order will be sent to your e-mail immediately. By sending the order to the seller, the buyer confirms that the seller has fulfilled his information obligations in a timely and proper manner according to section § 3 par. 1 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws (hereinafter referred to as the "Act on Consumer Protection in the Sale of Goods"). If necessary, all additional information regarding your order will be sent to the e-mail address you provided.
3.3 By sending the order, the buyer undertakes to take over the ordered goods and pay the agreed price for the goods.
3.4 The seller undertakes to deliver the correct type and quantity of goods at the agreed price according to the order.
3.5 Cancellation of the order is possible by the buyer within 24 hours of ordering the goods without giving a reason. The buyer can cancel the order in the Customer section on the seller's website, by phone or by e-mail. After verifying that the order cancellation conditions have been met, the seller will confirm the cancellation of the order to the buyer by e-mail or by phone. In the event that the amount for the ordered goods has already been paid, the seller will send the money back to the buyer's bank account or deliver it in another way that they agree on.
3.6 The seller has the right to cancel the order if it is not possible to secure the ordered goods. In such a case, the buyer will immediately return the amount paid in full, or offer replacement goods or another solution, if the buyer agrees. The seller has the right to cancel the order also if he cannot contact the buyer (incorrect or missing contact information, unavailability, ...).
3.7 By sending the order to the seller, the buyer confirms that the seller has fulfilled his information obligations in a timely and proper manner according to § 3 paragraph 1 of the Consumer Protection Act for the sale of goods or the provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment and addition of some laws.
4. Payment and delivery conditions
4.1 The buyer can pay for the goods by cash on delivery or by transfer to the seller's account based on the order created in the e-shop. Based on the sent order, the seller will issue a proforma (advance) invoice, which will be sent together with the order confirmation by e-mail. The buyer can make this payment as follows:
a) by transfer order from your account,
b) by direct cash deposit to the seller's account,
c) payment system GoPay, GPwebpay,
4.2 Payment is possible in EUR,
4.3 By default, we deliver goods only within the Slovak Republic. The seller will send the goods to other EU countries only after agreement with the buyer. The price for shipping outside the Slovak Republic will be notified to the buyer by e-mail before the ordered goods are shipped.
4.3 The seller sends the tax document (invoice) to the buyer only electronically by email.
4.4 The delivery time for the goods offered by the seller is in most cases within 3 working days from the confirmation of the order, the maximum delivery time is 14 days or it can be extended by agreement with the buyer. The seller will inform the buyer about the extended delivery time and delivery date when confirming the order by phone/email. If the buyer is not satisfied with the announced extended delivery period, he has the option to cancel the order in accordance with point 3.5 of these Terms and Conditions.
4.5 The seller will inform the buyer by e-mail about the dispatch/dispatch of the goods.
4.6 The seller ensures the transport of goods within the Slovak Republic in a way that the buyer chooses from the options offered in the order:
a) courier service,
b) Slovak post.
c) personal collection - upon agreement with the seller
4.7 The price for transporting the goods to the specified location is as follows:
a) delivery by DPD courier service when ordering goods up to €50 is €6.50
b) delivery by courier service for orders over €50 is free within Slovakia.
c) personal collection at the seller's personal collection point is free of charge
4.8 The place of collection is determined based on the buyer's order. The delivery of the goods to the specified place is considered to be the fulfillment of the delivery.
4.9 The goods are adequately packed and secured. The buyer is obliged to check the intactness of the shipment when taking over the goods and, in case of damage, not to accept the shipment from the delivery person. In this way, both buyers and sellers avoid unnecessary costs for any product claims.
4.10 Together with the goods, the seller will deliver an invoice (tax document) to the buyer. The invoice also serves as a delivery note. The seller will also deliver an operating manual and a warranty card together with the goods if the nature of the goods requires it.
4.11 The seller is responsible for the goods until they are taken over by the buyer. The goods are considered to be 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 last piece,
c) supplies the goods repeatedly during the defined period, at the moment of acceptance of the first delivered goods.
4.12 In the case of greater interest, it may happen that the seller will have a shortage of goods in stock, so he can deliver the ordered goods to the buyer in several packages, with the buyer paying the postage and packaging as for one package.
5. Withdrawal from the contract. Goods reclaim
5.1 The buyer is in accordance with Act 102/2014 § 7 par. 1, entitled to withdraw from the completed order without giving a reason (according to the law "from the purchase contract", if the buyer has already taken over the goods) within 14 days from the day of taking over the goods.
5.2 The buyer can exercise the right to withdraw from the contract according to § 7 par. 1 with the seller in documentary form or in the form of an entry on another durable medium; if the contract was concluded orally, any clearly worded statement by the consumer expressing his will to withdraw from the contract (hereinafter referred to as "notice of withdrawal from the contract") is sufficient to exercise the consumer's right to withdraw from the contract. The buyer can use the Withdrawal from a remote contract form.
5.3 The buyer is obliged to send the goods back to the seller or hand them over to the seller or a person authorized by the seller to take over the goods within 14 days from the date of withdrawal from the contract at the latest.
5.4 The seller shall, without undue delay, and no later than 14 days from the date of delivery of the notice of withdrawal from the contract, return to the buyer all payments received from him on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees; this does not affect the provisions of § 8 par. 5. mentioned in paragraphs 5.5 and 5.6 and prices for the service, if the subject of the contract is the provision of the service and if the service has been fully provided.
5.5 The seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a different delivery method than the cheapest common delivery method offered by the seller. Additional costs mean the difference between the delivery costs chosen by the buyer and the costs of the cheapest common delivery method offered by the seller.
5.6 When withdrawing from the contract, the buyer bears only the costs of returning the goods to the seller or 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 according to § 3 par. 1 letter i).
5.5 The seller is not obliged to return the payments to the consumer according to paragraph 5.4 before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller.
5.6 When withdrawing from the contract, the buyer bears only the costs of returning the goods to the seller.
(here you can also add point 5.7 according to the needs of your e-shop)
5.7 The buyer cannot withdraw from the contract to which it is subject
a) the provision of a service, if its provision began with the express consent of the buyer and the buyer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
b) the sale of goods or the provision of a service, the price of which depends on the movement of prices on the financial market, which the seller cannot influence and which may occur during the period for withdrawing from the contract,
c) sale of goods made according to the special requirements of the buyer, goods made to measure or goods intended specifically for one consumer,
d) sale of goods that are subject to rapid deterioration or deterioration,
e) sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
f) sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
g) sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days later, and their price depends on the movement of prices on the market, which the seller cannot influence,
h) performing urgent repairs or maintenance that the buyer has expressly requested from the seller; this does not apply to service contracts and contracts, the subject of which is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the seller's visit to the buyer and the buyer did not order these services or goods in advance,
i) sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the buyer has unpacked this packaging,
j) sale of periodicals, with the exception of sales based on a subscription agreement and sale of books not supplied in protective packaging,
k) provision of accommodation services for a purpose other than accommodation, 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 deadline,
l) provision of electronic content other than on a physical medium, if its provision began with the express consent of the buyer and the buyer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.
6. Complaints and warranty conditions
6.1 The processing of complaints is governed by the warranty conditions of specific goods, the Commercial Code and the relevant provisions of the Civil Code and special regulations.
6.2 The warranty period for all goods offered in the seller's online store is 24 months with exceptions provided by law. Proof of purchase (attached invoice) is always sufficient to exercise rights from liability for errors (complaint). The presentation of the proof of purchase for the purpose of the claim is sufficient even if the warranty certificate was issued, but the customer lost it.
6.3 The warranty does not apply to normal wear and tear of the item (or its parts) caused by use, mechanical damage to the product caused by the buyer, improper handling of the product, in a way other than that specified in the instructions for use, neglect of care and maintenance of the product, damage to the product due to excessive loading, use goods in violation of the conditions stated in the documentation, general principles, technical standards or safety regulations or other violation of warranty conditions. Errors or damage to the product caused by a natural disaster are also excluded from liability.
6.4 The buyer has the right to complain about a product purchased on sale or at a reduced price, but the fault must not be related to the reason why the product was sold at a reduced price! 6.5 The buyer is obliged to deliver the claimed goods to the claim clean, mechanically undamaged, with a copy of the invoice, or the delivery or warranty note. The buyer is obliged to send a description of the defect together with the goods through the Complaints section (registered user) or in the Complaints protocol form.
6.6 In the event of a complaint, the seller is not responsible for the loss of data, or for damage caused by the loss of data stored in the device. The buyer is obliged to back up the data himself before making a claim.
6.7 The seller processes the goods complaint without undue delay, but no later than 30 days from the date of receipt of the complaint by the buyer or transport company. After the expiration of this period, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product. By filing a valid complaint, the warranty period is extended by the duration of the complaint. If the claim was resolved within the statutory warranty period by replacing the goods with a new one, then the warranty period will begin to run again from the date the claim was resolved.
6.8 PROCEDURE OF THE BUYER FOR COMPLAINTS:
6.8.1 As soon as possible after discovering a product defect, the buyer sends the product by registered mail to the seller's address indicated in point 1 together with a copy of the proof of purchase and a complaint protocol with a description of the product defect.
6.8.2 In a situation where the goods need to be sent to the seller or service center, the buyer acts in such a way that the goods are packed in a suitable package that will sufficiently protect the goods, meets the requirements for the transport of fragile goods and marks the shipment with the appropriate symbols.
Address for sending complaints:
PROFIBOND SLOVAKIA, s.r.o.
Pri Rybník 9. STROPKOV 091 01
6.9 In the event that the claimed goods were sent by post or by a transport company, the transport costs associated with sending the claim to the seller's address are paid by the buyer. The return of the claimed goods is ensured by the seller by post at his own expense. Any other way of transporting the claimed goods back is paid by the buyer at the express request of the buyer.
6.10 Handling of the complaint is considered to be the delivery of the product to the buyer after repair, replacement or rejection of the complaint, or refund in case of withdrawal from the contract.
Alternative dispute resolution - ARS
6.11 If the buyer is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights, he has the opportunity to contact the seller with a request for correction. If the seller responds negatively to the request for correction or does not respond to it within 30 days from the date of its dispatch, the buyer has the right to submit a proposal to start an alternative solution to his dispute according to the provisions of § 12 of Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws.
The relevant entity for alternative resolution of consumer disputes with the seller is, for example, the Slovak Trade Inspection Prievozská 32, 827 99 Bratislava 27, https://www.soi.sk or another relevant authorized legal entity registered in the list of entities for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic ( the list is available at https://www.mhsr.sk); the buyer has the right to choose which of the listed entities of alternative resolution of consumer disputes to turn to.
Buyers are entitled to use the online dispute resolution platform ("RSO") to resolve their disputes in the language of their choice. The buyer can use the RSO platform for an alternative resolution of their dispute, which is available on the website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. When submitting a submission in the RSO platform, the buyer fills out an electronic complaint form. The information he submits must be sufficient to determine the relevant online alternative dispute resolution entity. The buyer can attach documents to support his complaint.
7. Protection of personal data
In connection with the introduction of new legislation in the field of personal data protection - Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Regulation on data protection) (hereinafter referred to as "GDPR") and implementing measures to ensure compliance of Profibond Slovakia, s.r.o. with the GDPR as well as with related relevant legal regulations governing the protection of personal data (e.g. Act No. 18/2018 Coll. on the Protection of Personal Data and on amendments to certain laws, decrees of the Personal Data Protection Office of the Slovak Republic).
8. Final Provisions
8.1 Supervision of the provision of services is carried out by Defenders of Peace 4675/6, 080 01 Prešov.
8.2 The relevant provisions of the Civil Code, Act no. 22/2004 Coll. on electronic commerce and on amendments to Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended and Act no. 102/2014 Coll. on consumer protection in distance selling
8.3 By checking the box before sending the order, the buyer expresses that he has familiarized himself with these general terms and conditions, fully understood their content and that he agrees with them.
8.4 These terms and conditions are valid from March 1, 2021
