General Business Terms and Conditions
Establishing business conditions between the operator / seller and the customer / buyer (hereinafter referred to as “GTC”)
- The operator (seller) in the online store OVINATOR.sk (including its language localizations on the domains OVINATOR.cz, OVINATOR.com, OVINATOR.de, OVINATOR.ru, OVINATOR.pl, OVINATOR.hu, OVINATOR.it, OVINATOR.fr) is company W rent, s.r.o., Precin 277, 018 15 Precin, Slovak Republic, operation: Priemyselny areal Povazskych strojarni, 017 01 Povazska Bystrica, Slovak republic.
- The customer (buyer) in the online store is any natural (business) or legal person who sends an electronic form with an order for goods (product (s) or service / goods).
- If you are shopping as a legal entity or a natural person (entrepreneur), state your name, surname, delivery address of the ordered goods, telephone number, e-mail, business name, ID number-VAT (if you are a VAT payer), billing address if different from the delivery address. In the note in the order, please state the additional identification data of the business entity (ID). Purchases for private individuals (non-entrepreneurs) are not possible.
- The acceptance of the order of goods by the operator and thus the conclusion of the purchase contract occurs on the basis of confirmation of this correctly and completely completed order in electronic form (e-mail) by the operator, while the operator reserves the right to additional adjustment of the ordered goods (the operator does not guarantee the price goods, which is listed on the website of the operator at the time of the order, as it depends on the change in the supplier prices of the goods in question). After sending the order to the e-mail you entered, a confirmation of receipt of the order will be sent and later also other information about the status of your order (eg the order has been processed, the goods have been shipped, the goods are currently sold out, etc.). The order can be checked by the registered customer directly in the online mode on the website of the online store after logging in.
- The place of performance of the purchase contract means the registered office (residence) or place of business of the customer specified in the electronic order form. The goods will be delivered to the operator using the services of third parties (contractual carrier, courier service) or the operator will deliver the goods by its own means or, based on an agreement with the customer, the goods will be ready for delivery to the operator. Delivery of goods is made by handing it over to the customer or by handing over the goods for transport to the contractual carrier. Ownership of the goods passes to the customer by delivery of the goods under the condition of payment of the purchase amount specified in the order in full. Until the transfer of ownership from the operator to the customer, the customer has all the obligations of the custodian and is obliged to safely store the products and services at his own expense and mark them so that they are identifiable as the operator’s goods in all circumstances.
- The operator will deliver the goods to the customer as soon as possible after receiving the electronic form with the order within the delivery times listed on the operator’s website. The customer acknowledges that the stated delivery dates (delivery times) are for guidance only. The customer agrees to extend the delivery period if the production of the ordered goods or other circumstances so require. In the event that the operator is not able to deliver all the ordered goods to the customer within the agreed time, it will notify the customer as soon as possible and notify him of the expected delivery date of the ordered goods or propose the delivery of replacement goods.
- In the event that the goods are delivered by a contractual carrier, the customer gives the operator the right to provide the contractual carrier with the necessary personal data for the purpose of delivery of the goods (name / business name, address, telephone).
- Upon receipt of the goods, the customer will receive proof of receipt of the goods, which is also proof of payment for the goods in the case of cash on delivery. The proof of receipt of the goods is also an order for the goods in writing. The customer will receive a tax document with quantification of the purchase price and VAT by e-mail no later than 14 calendar days from the delivery of the goods.
- If the customer does not pay and does not take over the ordered goods outside the situation of damage to the goods on delivery (returns the shipment as undelivered through no fault of the operator, eg if the contract carrier did not find the addressee, did not notify the shipment, the customer inadvertently or intentionally did not accept, etc.), the operator may claim compensation for damage caused by a breach of the obligation to which the contractual penalty applies. In such a case, the contractual penalty is set at a minimum of the amount of postage paid and a maximum of 50% of the total price of the order. The customer who did not accept the order will be sent an e-mail with a request for information on what to do with his order. The customer has 7 days from the date of sending the message to respond to this call. If the customer requests the re-sending of such a returned shipment, the operator will add a second handling fee and postage to the total price of the shipment according to the valid price list. Re-dispatch of such a returned shipment is possible only upon payment in advance. If the customer does not respond to the operator’s request within the specified period, the order will be canceled by the operator.
- In accordance with the law, the customer as a private person (non-entrepreneur) has the opportunity to withdraw from the contract within 7 working days of receiving the goods. In this case, the customer contacts the operator and sends him a written statement (not by electronic means of communication) on withdrawal from the contract stating the order number, date of purchase and account number or exact address for financial settlement. The purchased goods in the original condition as when taken over (including documentation, accessories, etc.) the customer sends at his own expense together with the original proof of purchase back to the address of the operator (but not by cash on delivery). The customer does not have the right to withdraw from the contract if the goods were purchased and taken over in person from the operator. The Operator undertakes to return to the Customer the price paid for the relevant goods within 15 calendar days from the date of receipt of the returned goods in the same manner as used for payment for the goods, unless the Customer requests otherwise. In the event that the returned goods are damaged, used, worn or incomplete, the operator may return the purchase price to the customer reduced by the value of damage or wear of the goods in the amount of min. 1% of the total price of the goods (in accordance with the relevant provisions of § 457 of the Civil Code).
- The customer may not withdraw from the purchase contract, the subject of which is the provision of the service, if the service began with the customer’s consent before the expiration of the withdrawal period, nor may withdraw from the sale of goods made according to special requirements of the customer, for goods specifically for one customer, for goods which, due to their properties, cannot be returned (eg for hygienic reasons) or for goods which are perishable.
- The operator reserves the right to change prices. The price is valid as stated in the e-mail confirming receipt of the order. The price does not include consulting, transport or any other costs, unless stated in the product description. The price of the goods is determined according to the valid price list. Preferential (action) prices of goods are clearly marked with symbols (such as “action” or “sale”). The validity of the preferential prices lasts until the stocks are sold out or for the duration of the period stated at the preferential price.
- If the customer is currently located or living abroad, the operator will agree on payment and delivery terms with the customer individually. Upon delivery of the order to the Czech Republic with cash on delivery, the customer pays the price of the goods and transport by courier service in CZK according to the current exchange rate of the National Bank of Slovakia (www.nbs.sk).
- The warranty conditions are adjusted according to the type of goods.
- The operator is not responsible for delayed delivery of goods caused by the courier (post office, courier) or by providing an incorrect address of the customer. The customer is obliged to thoroughly check the goods upon receipt from the delivery person and confirm the receipt of the goods with his signature on the receipt of the goods. If the shipment is visibly damaged or destroyed, the customer is obliged to contact the operator immediately without taking over the shipment. Complaints for possible non-delivery of goods due to the delivery person or damage to the goods caused by the delivery person must be made directly to the delivery person in such cases. Complaints of mechanical damage to the goods caused by transport, the acceptance of which has been confirmed without defects by the customer to the delivery person, will not be recognized by the operator as justified and performance from such a complaint will not be provided to the customer.
- All received electronic orders of goods are considered a proposal to conclude a purchase contract and are not considered binding. The customer has the right to cancel the order without giving a reason at any time before the shipment of goods by e-mail or telephone. The operator has the right to cancel the order in case of non-delivery of goods due to force majeure, due to termination of production, due to sale or impossibility of delivery at the price listed in the online store, in all these cases the operator informs the customer. The operator is obliged to provide the possibility of delivery of replacement goods. The customer has the right to refuse the possibility of delivery of replacement goods and to withdraw from the order of the said goods. In case of payment of the purchase price or its part, upon cancellation of the order, the funds will be returned to the customer within 15 calendar days in the same way as was used for payment for the goods, unless the customer requests otherwise.
- The Client declares that he agrees in accordance with Art. § 7 par. 1 of Act no. 428/2002 Coll. On the protection of personal data, as amended, that the operator processes and stores his personal data, especially those listed above and / or which are necessary for the activities of the operator and processes them in all its information systems. The customer grants the operator this consent for an indefinite period. The customer may revoke the consent to the processing of personal data at any time in writing (by e-mail, letter) or by telephone, on the basis of which the operator deletes his personal data from its database. The registered customer can update the personal data directly in the online mode on the website of the online store after logging in.
- After sending the order or registration, the customer can receive reports on offers of goods, promotions and services of the seller. The customer can cancel the sending at any time via the line, which is located in the e-mails that will be delivered to him.
- In addition to the general provisions of the Civil Code, special regulations apply to business relations (as well as other legal relations that may result from it) with natural persons who do not act in concluding business contracts under these GBTC within the scope of their business activities, in particular Act no. . 108/2000 on consumer protection in doorstep and mail order sales, Act no. 250/2007 on consumer protection.
- The Client and the Operator agree that they fully recognize the electronic form of communication, in particular via electronic mail and the Internet, as valid and binding for both parties. Electronic form of communication is not acceptable in case of withdrawal from the purchase contract.
- By sending the order, the customer confirms that he has read these GBTC and agrees with them in full. Notwithstanding the other provisions of these GBTC, the operator is not liable to the customer for lost profits, loss of opportunity or any other indirect or consequential losses due to negligence, breach of the purchase contract or otherwise arising. In the event that the competent authorities of the Slovak Republic prove certain provisions of these GBTC as invalid or unenforceable, in whole or in part, the validity and enforceability of other provisions of the GBTC and the remaining parts of the relevant provision of the GBTC remain unaffected.
- The GBTC are valid in the wording stated on the operator’s website on the day of sending the electronic form with the order, unless otherwise expressly agreed between the two parties.
The Operator reserves the right to change these GBTC. The obligation to notify the change of the GBTC in writing is fulfilled by placing it on the store’s website.
These GBTC are valid from 01.06.2021 and fully replace the previous GBTC.
The operator reserves the right to change the GBTC without prior notice.