General business conditions

These general terms and conditions govern the rights and obligations of the parties arising from the purchase contract concluded between the seller, which is:

Basic data

Jozef Dubina, Kočovce 435, 916 31 Kočovce
Číslo účtu: 2948034036/1100, IBAN: SK74 1100 0000 0029 4803 4036
Contact information
tel: +421944366219
e-mail: info@holdcarp.sk

(hereinafter referred to as the "seller")

and the buyer, whose object is the purchase and sale of goods on the seller's e-commerce website.

Supervisory authority:

IInšpektorát SOI pre Trenčiansky kraj, Hurbanova 59, 911 01 Trenčín

Address for making complaints, withdrawals from the contract, suggestions and grievances:

Jozef Dubina, Kočovce 435, 916 31 Kočovce

Subject of the contract

The subject of the contract are only items of goods explicitly stated in the purchase contract - order. Quantity, dimensions, properties, prices, and other data contained on the seller's website, catalogs, brochures and other printed matter are binding data. The seller undertakes to supply the buyer:

goods without defects in accordance with the illustration and popirosm

goods complying with standards, regulations and ordinances valid in the territory of the Slovak Republic,

goods equipped with Slovak instructions for operation, use, safety warnings, warranty cards and lists of post-warranty repair shops, if this is usual for a given type of goods.

The parties agree that by sending the order to the seller, the buyer confirms that he agrees that these general terms and conditions and their terms and conditions will apply to all purchase contracts concluded on any e-commerce website operated by the seller, under which the seller delivers the goods presented on the website in question to the buyer (hereinafter referred to as the "purchase contract") and to all relations between the seller and the buyer, arising in particular from the conclusion of the purchase contract and the complaint of the goods.
Order cancellation

Cancellation of the order by the buyer: The buyer has the right to cancel the order without giving a reason at any time before its binding confirmation and the buyer has the right to withdraw from the contract, the subject of which is the delivery of goods, even before the expiration of the withdrawal period.

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), 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 of receipt of the goods.

The seller will exercise the right to compensation mainly in the case of purchase of goods "to order", which was necessary to procure at the request of the buyer or if in connection with the securing of goods has already incurred demonstrable costs. The cancellation fee can be up to the cost of the goods.

Order cancellation by the seller:

The seller reserves the right to cancel the order or part thereof in the following cases:

the order could not be confirmed in a binding manner (incorrect telephone number, unavailable buyer, buyer does not respond to e-mails, etc.),

the goods are no longer produced or delivered. In the event that this situation occurs, the seller will immediately and immediately contact the buyer to agree on further action. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address within 14 calendar days.

The General Terms and Conditions are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written purchase agreement in which they agree on conditions deviating from the general terms and conditions, the provisions of the purchase agreement will take precedence over the general terms and conditions.Spôsob uzatváralnia kúpnej zmluvy
The Purchase Agreement is concluded by the binding acceptance of the proposal for the conclusion of the Purchase Agreement of the Buyer by the Seller in the form of the Buyer's e ‐ mail message sent to the Seller or in the form of the Buyer's completed and sent form on the Seller 's website ("Order").

By binding acceptance of the buyer's order, an email confirmation or confirmation via a private message by the seller to the buyer about the acceptance of the order after the previous acceptance of the order by the buyer marked as "order confirmation".

Binding acceptance of the order includes information about the name or description of the goods, the sale of which is the subject of the purchase contract, information about the price of goods and / or other services, name and information about the place where the goods are to be delivered and information about the price, conditions, method and date transport of goods to the agreed place of delivery of goods for the buyer, or other data. Rights and obligations of the seller

The seller is obliged to:

deliver the goods to the buyer on the basis of the order confirmed by the seller in the agreed quantity, quality and time and pack it or equip it for transport in the manner necessary for its preservation and protection,

ensure that the delivered goods meet the obligations set out in the valid legal regulations of the Slovak Republic,

hand over to the buyer at the latest together with the product in written or electronic form all documents necessary for taking over and using the goods and other documents prescribed by applicable laws (data on product properties, instructions for installation, operation, use, maintenance, safety notices in Slovak, form to withdraw from the contract, warranty card / if required by the consumer, or if the seller provides a longer warranty period than the statutory warranty period / proof of purchase of the product).

The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.

Rights and obligations of the buyer

The consumer is entitled to withdraw from the contract in writing within fourteen days (Act No. 102/2014 Coll. On consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller's premises) without giving a reason from the date of receipt of the goods. or concluding a service contract. Withdrawal of the consumer from the contract terminates the contract from the beginning.

The consumer shall return the goods to the seller within fourteen days from the date of withdrawal from the contract, regardless of whether the goods have been used or are defective. The cost of returning the goods is borne by the consumer.

Consumer:

takes over the purchased or ordered goods,

pay the seller the agreed purchase price within the agreed due date, including the cost of delivery of goods,

confirm the receipt of the goods by his signature or by the signature of the person authorized by him.

The consumer has the right to deliver the goods in the quantity, quality, date and place agreed by the parties in the binding acceptance of the order.
Terms of Delivery

Ways of delivery of goods

Delivery of goods is possible in the following way:

- DHL courier

Price and payment

When ordering the product and delivery. postage + packing together

DHL courier 2 euros. The price of delivery of goods is valid within the territory of the Slovak Republic. When sending goods abroad, transport costs are calculated individually on the basis of a contract on the price of transport outside the territory of the Slovak Republic.

The buyer is obliged to pay the seller the purchase price of the goods agreed in the purchase contract at the time of concluding the purchase contract, including the cost of delivery of goods (hereinafter "purchase price") according to Act No. 18/1996 Coll. as amended in the form of:

in cash, to the courier

payment card to the delivery person

cashless transfer to the seller's account

Delivery dates vary depending on whether the goods are in stock or custom goods. In general, most goods produced to order and delivery time ranges from 7 to 30, max 60 days.
In the event that the buyer pays the seller the purchase price by non-cash transfer, the day of payment is considered to be the day when the entire purchase price was credited to the seller's account IBAN :, VS: order number.

The buyer is obliged to pay the seller the purchase price for the agreed goods within the period specified in the purchase contract, but no later than when taking over the goods.

In the event that the buyer pays the seller the purchase price for the goods agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand a refund of the purchase price only in accordance with applicable Slovak legislation.

In the event that the buyer withdraws from the purchase contract after handing over the goods to a third party for the transport of goods, the seller is entitled to reimbursement of costs from the buyer for ordering and transporting the goods.

In the event that the buyer does not pay the seller the full purchase price upon receipt of the goods, the parties agree that the seller is entitled to withdraw from the purchase contract and demand compensation from the buyer for the costs of ordering and delivery of unpaid goods.

Postage costs are not included in the purchase price of the goods and the seller is not obliged to provide these services to the buyer.

The prices of goods listed on the seller's website are valid at the time of ordering the goods. The prices listed in the seller's printed price list are valid until a new price list is issued.

The purchase price will be considered paid by crediting the full purchase price to the seller's account, in the case of payment by transfer to the seller's account, or by paying cash to the courier.

The seller reserves the right of ownership of the goods until full payment of the purchase price.

The proof of purchase issued on the basis of the purchase contract between the seller and the buyer is also a tax document.

Acceptance of the goods by the buyer is in principle only possible after full payment, unless otherwise agreed.

To the price of the goods is added the price of transport of goods and packaging, as mentioned above in point 7.2.

The goods are sold according to the issued samples, catalogs, type sheets and sample books of the seller placed on the website of the seller's e-shop.

Unless the seller and the consumer agree otherwise, the seller is obliged to fulfill the consumer's order within 60 days of its delivery.

The buyer will take over the goods at the place specified in the acceptance of the buyer's order by the seller.

The quantity, dimensions and other data on the properties of the goods contained in the catalogs, brochures and other documents of the seller placed on the website of the seller's e-shop are binding data.

The place of delivery of goods is the place specified in the acceptance of the order by the seller, unless the parties agree otherwise in the purchase contract.
If the seller transports the goods to the buyer to the place specified in the purchase contract by the buyer, the buyer takes them over in person or ensures that the goods are taken over by a person authorized in case of absence to take over the goods specified in the purchase contract and sign a protocol on delivery and handover . The third party authorized to take over the goods specified in the purchase contract is obliged to submit to the seller the original or a copy of the purchase contract and proof of payment for the goods and a written power of attorney. If it is necessary to repeat the delivery of goods due to the absence of the buyer at the place specified in the purchase contract, all costs incurred shall be borne by the buyer, in particular the repeated delivery of goods to the destination in the purchase contract. The goods are considered delivered at the time of delivery of the goods to the address specified in the binding acceptance of the order and taken over at the time of physical acceptance of the goods by the buyer, respectively. his authorized representative or by refusing to accept the goods, which the carrier shall indicate in the protocol on the delivery and handover of the goods.
The buyer checks the shipment, ie the goods as well as their packaging immediately after delivery. In the event that the buyer finds that the goods or packaging of the goods are mechanically damaged, he shall notify the carrier of this fact and check the condition of the goods in his presence. The transport of goods is provided by the seller.
In the event that damaged goods are delivered, the buyer will file a complaint with the seller or withdrawal from the contract with the buyer.
If the seller does not fulfill the contract because he cannot deliver the ordered goods or provide the service, he is obliged to immediately inform the consumer and return the price paid for the goods or advance within 14 days, unless the seller and the consumer agree on a replacement. If the seller and the consumer do not agree on a replacement performance, the seller is obliged to reimburse all proven costs incurred by the consumer to order goods or services. In the case of a substitute performance, the seller is obliged to deliver the goods or provide the consumer with the same quality and price.
Acquisition of ownership and transfer of the risk of damage to the goods

The buyer acquires ownership of the goods by paying the full purchase price for the goods.
Copyright

Copyright is governed by Act no. 121/2000 Coll. on copyright.
Personal and payment data and their protection

The contracting parties have agreed that the buyer, if he is a natural person, is obliged to notify the seller of his name and surname, address of permanent residence, including postal code, telephone number and email address.

The contracting parties have agreed that the buyer, if he is a legal entity, is obliged to notify the seller of his business name, registered office address, including postal code, ID number, VAT number, VAT number, telephone number and email address.

The Buyer declares that he agrees in accordance with Art. § 7 par. 1 of Act no. 122/2013 Coll. on the protection of personal data, as amended, that the seller process and store his personal data, in particular those listed above and / or that are necessary for the activities of the seller and process them in all its information systems.
The Seller undertakes to handle and dispose of the Buyer's personal data in accordance with the valid legal regulations of the Slovak Republic.
The buyer grants the seller this consent for an indefinite period. The buyer may revoke the consent to the processing of personal data at any time in writing.
The seller does not come into contact with information about payment cards or information about login names or passwords or codes entered by the buyer when paying for goods. Payment gateway operators are fully responsible for the protection of this data.
Withdrawal from the purchase contract

The buyer is entitled to withdraw from the purchase contract within 14 days of receipt of the goods without giving a reason in accordance with Art. § 7 par. 1 of 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 on the amendment of certain laws

The seller is obliged to take over the goods and return to the consumer no later than 14 days from the date of delivery of the withdrawal from the contract the price paid for the goods, including costs incurred by the consumer in order to order the goods or services. The cost of returning the goods is borne by the consumer.
The consumer may not withdraw from a contract which has as its object:

the provision of the service, if the provision of the service began with the express consent of the consumer and the consumer has stated that he has been duly informed that by giving his consent he loses the right to withdraw from the contract after the full provision of the service and if the full provision of the service has taken place,

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 period for withdrawal from the contract,

the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for one consumer,

the sale of goods which are subject to rapid deterioration or deterioration,

sale of goods enclosed in protective packaging, which is not suitable for return due to health protection or hygienic reasons and whose protective packaging was broken after delivery, Page 8 Collection of Laws of the Slovak Republic 102/2014 Coll.

the sale of goods which, by reason of their nature, may be inextricably mixed with other goods after delivery,

the sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, their delivery can be made after 30 days at the earliest and their price depends on the movement of prices on the market, which the seller can not influence,

carrying out urgent repairs or maintenance explicitly requested by the consumer from the seller; this does not apply to service contracts and contracts having as their 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,

the sale of sound recordings, video recordings, sound recordings, books or computer software sold in protective packaging, if the consumer has unpacked that packaging,

the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,

provision of accommodation services 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 time,

the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer has stated that he has been duly informed that by expressing that consent he loses the right to withdraw from the contract.

The buyer will withdraw from the contract in writing. Until the withdrawal from the purchase contract according to the previous point of these general terms and conditions, the buyer shall state the buyer's identification, order number and date, exact specification of goods, how the seller should return the already received performance, especially account number and / or postal address.

Simultaneously with the withdrawal from the purchase contract, he is obliged to present / send / to the seller the goods together with the accessories, including documentation, instructions, warranty card, original proof of payment.

In the event that the buyer withdraws from the contract and presents / sends / to the seller the goods could be used appropriately, the packaging is in harmless and is not damaged or incomplete, the seller will return to the buyer the purchase price already paid for the goods specified in the binding acceptance of the order or within 14 days from the date of taking over the withdrawal from the purchase contract and delivery of the goods to the seller by cashless transfer to the buyer's account designated by the buyer.

Upon valid withdrawal from the contract, the seller will return the purchase price to the buyer, including costs incurred by the buyer in connection with ordering and delivery of goods, if the buyer submits to the seller written evidence of the costs incurred by the buyer in ordering the goods.

Goods fully complying with the quality requirements are considered to be goods with the same or similar characteristics as stated in the offer of goods on the seller's website.

The costs incurred by the buyer in connection with ordering the goods are considered to be the costs of making the order, especially the price for making a phone call by which the buyer made a proposal to conclude a purchase contract or the price for connecting the buyer to the seller's website, form for ordering goods on the website or wrote and sent an e-mail with an order for goods, the cost of delivery of goods.
Confidentiality

The buyer is obliged to maintain the confidentiality of all information made available to him in connection with deliveries from the seller, which he may consider in view of the circumstances clearly a trade or company secret and which should be kept confidential, except for information known from public resources.
Final provisions

The seller reserves the right to change these general terms and conditions. The obligation to notify the change in these general terms and conditions in writing is fulfilled by placing it on the seller's e-commerce website.

If the purchase contract is concluded in writing, any change must be in writing.

The parties agree that communication between them will take the form of e ‐ mail messages.

The relevant provisions of the following laws and regulations shall apply to relations not regulated by these General Terms and Conditions:

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 on the amendment of certain laws

b. Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. (as amended),

Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses (as amended),

Act no. 40/1964 Coll. Civil Code (as amended).

These general terms and conditions take effect against the buyer by concluding a purchase contract.

If the consumer withdraws from the contract, he will bear the costs of returning the goods to the seller under § 10 para. 3, of the Act and if he withdraws from the contract concluded at a distance, also the costs of returning the goods, which due to their nature cannot be returned by post,

The consumer is possibly obliged to pay the seller the price for the actually provided performance according to § 10 par. 5 of the Act if the consumer withdraws from the contract for services after giving the seller explicit consent according to § 4 par. 6, of the Act

The seller adheres to the code of conduct and the consumer can familiarize themselves with them by e-mail request from the seller.

Duration of the contract - during the validity of the warranty period, the conditions for termination of the contract are set out above.

Possible solutions to the dispute can be resolved out of court through mutual agreement.

Instruction on the exercise of the consumer 's right of withdrawal

Right of withdrawal.

You have the right to withdraw from this contract without giving a reason within 14 days.

The period for withdrawal from the contract expires after 14 days from the date of receipt of the product.

When exercising the right to withdraw from the contract, inform us of your decision to withdraw from this contract by a clear statement (for example, by letter sent by post, fax or e-mail) at: info@holdcarp.sk

For this purpose, you can use the sample form for withdrawal from the contract, which is located at: Jozef Dubina, Kočovce 435, 916 31 Kočovce, or at: https://www.holdcarp.sk /dokumenty/odstupenieodzmluvy.pdf

The withdrawal period is maintained if you send a notice of exercise of the right of withdrawal before the withdrawal period expires..
Consequences of withdrawal.

After withdrawal from the contract, we will refund all payments you have made in connection with the conclusion of the contract, in particular the purchase price, including the cost of delivery of goods to you.

This does not apply to additional costs if you have chosen a delivery method other than the cheapest standard delivery method we offer. Payments will be refunded to you without undue delay, no later than 14 days from the date we receive your notice of withdrawal from this contract. They will be paid in the same way as you used for your payment, unless you have explicitly agreed to another method of payment, without charging any additional fees.

Payment for the purchased goods will be paid to you only after delivery of the returned goods back to our address .
If you are interested, you can fill in and send a sample form for withdrawal from the contract or any other unambiguous statement of withdrawal from the contract electronically through our website https://www.holdcarp.sk /dokumenty/odstupenieodzmluvy.pdf. If you use this option, we will immediately confirm your acceptance of the withdrawal from the contract on a durable medium (for example by e-mail).

Send the goods back to us or bring them to our address no later than 14 days from the date of exercising the right to withdraw from the contract. The period is considered to be observed if you return the goods before the expiry of the 14-day period. You are only liable for any reduction in the value of the goods as a result of handling them other than what is necessary to determine the nature, properties and functionality.
The information contained in this instruction forms an integral part of a distance or off-premises contract of the Seller and may only be changed with the express consent of both parties.

By sending the order and pressing the "order with obligation to pay" button, the consumer explicitly confirms that he has been informed that the order includes the obligation to pay the price.

Immediately after the conclusion of the contract concluded at a distance, at the latest together with the delivery of the goods, the seller shall provide the consumer with a confirmation of the conclusion of the contract on a durable medium. The confirmation shall contain:

- all information referred to in § 3 par. 1 of the Act, if the seller has not provided this information to the consumer on a durable medium before the conclusion of the contract concluded at a distance.
The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the period for withdrawal from the contract.

The consumer may exercise the right to withdraw from the contract pursuant to § 7 para. 1 of the Act at the seller in paper form or in the form of a record on another durable medium; if the contract has been concluded orally, any clearly worded statement by the consumer expressing his willingness to withdraw from the contract is sufficient to exercise the consumer's right of withdrawal. The consumer may use the withdrawal form provided to him by the seller..
The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than the last day of the period under 7 para. 1 of the Act.

The burden of proving the exercise of the right of withdrawal lies with the consumer.

Obligations of the seller in withdrawing from contracts

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 transport, delivery and postage and other costs and fees. ; this does not affect the provision of § 8 par. 5th Act.
The seller is obliged to return the payments under paragraph 1 to the consumer in the same way as the consumer used in his payment. This is without prejudice to the consumer's right to agree with the seller on another method of payment if no additional charges are charged to the consumer..
The seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a delivery method other than the cheapest standard delivery method 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..
If, on the basis of a contract concluded outside the seller's premises, the goods were delivered to the consumer's home at the time of concluding the contract and due to their nature it is not possible to send the goods back to the seller by post, the seller is obliged to pick up the goods at his own expense within.
Upon withdrawal from the contract for the sale of goods, the seller shall not be obliged to reimburse the consumer for payment under paragraph 1 before the goods have been delivered to him or until the consumer proves to return the goods to the seller, unless the seller proposes to pick up the goods in person or through him. authorized person.

Obligations and rights of the consumer in the event of withdrawal from the contract

The consumer is obliged to return the goods or hand them over to the seller or a 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.

The consumer is entitled to deny the return of the goods acquired under the contract concluded during or in connection with the sale to the seller until the seller returns to the consumer the price paid or the advance payment for the goods or services.
Upon withdrawal from the contract, the consumer bears only the cost 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 under § 3 para. 1 letter i) of the Act.
The consumer is only liable for the reduction in the value of the goods which has arisen as a result of such treatment of the goods as is beyond the scope of 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) of the Act.