Terms and conditions

 
 
 
 

General terms and conditions of the online store www.azalea.sk

1. The operator (seller) in the AZALEA online shop is AZALEA s.r.o., contact person: Ivan Krovina, Račice 37, Nitrica 972 22.

2. The principal (buyer) in the online store is any natural or legal person who sends an electronic form to order goods (product/s or service/s).

3. When ordering as a natural person - non-entrepreneur, please state your name, surname, address where the goods should be delivered, phone number and e-mail. If you are purchasing as a legal entity (a company or self-employed person), also give your business name, TAX ID/VAT ID and billing address in the order if different from the delivery address.

4. The acceptance of the order of goods by the operator and therefore the conclusion of a purchase contract shall be made upon the confirmation of this correctly and fully completed order in electronic form (e-mail) by the operator, and the operator reserves the right to additionally adjust the prices of the ordered goods (i.e. the operator does not guarantee the price of goods listed on the operator's website at the time of placing the order, since this depends on the change of supply prices for the goods). After sending the order, the confirmation of the order and later also other information about the status of your order will be sent to the e-mail entered by you (e.g. the order has been processed, the goods have been dispatched, the goods are out of stock, etc.). A registered principal can directly check the order in online mode on the website of the online store after logging in.

5. The place of fulfillment of the purchase contract means the address (domicile) or the place of business of the principal stated in the electronic form with the order. The goods will be supplied by the operator using the services of third parties (contract carrier, courier service) or the operator will deliver the goods by their own means, or by agreement with the customer, the goods will be ready for handover by the operator. Delivery of goods is done by transferring it to the principal or handing the goods over for transport to the contract carrier. The ownership rights to the goods are passed onto the principal upon delivery of goods under the suspending condition of paying the purchase amount specified in the order in full. During the transfer of ownership rights from the operator to the principal, the principal has all the duties of the keeper of the goods, and they are obliged to safely keep the products at their own expense and label them so that they are identifiable as the operator's goods at all times.

6. The operator shall deliver the goods to the principal as soon as possible after receiving the electronic order form with the delivery times listed on the website of the operator. The principal acknowledges that the mentioned delivery dates (delivery times) are indicative only. The principal agrees with the extension of the delivery deadline if the production of the ordered goods or other circumstances requires. If the operator is unable to deliver all the ordered goods to the principal at the agreed time, they shall notify the principal about this situation as soon as possible and announce the expected delivery time of ordered goods or propose to deliver the substitute goods. If the principal orders goods of non-standard dimensions or goods heavier than 30 kg, the operator will agree on the payment and delivery terms with the principal individually.

7. If the goods are delivered by a contracted carrier, the principal gives the operator the right to provide the necessary personal data to the contracted carrier for the purpose of delivery of goods (name/business name, address, phone).

8. When receiving the goods the principal receives a document on the receipt of goods, which is also proof of payment of the goods in the case of payment on delivery. Proof of the acceptance of goods is also the order of goods in written form. The principal will receive the invoice quantifying the purchase price and VAT in an e-mail within 14 calendar days from the receipt of goods.

9. If the principal does not pay for or accept the goods in a situation other than damage to the goods on delivery (the shipment is returned as undelivered without the fault of the operator, e.g. if the contracted carrier does not find the recipient, is not notified about the delivery of goods, the principal inadvertently or deliberately did not take over the shipment, etc.), the operator can seek compensation for damage caused by a breach of obligations covered by contractual penalties. In this case, the minimum contractual penalty is set at the amount of the paid postage, and a maximum at 50% of the total price of the order. A principal who does not take over the order will receive an email requesting information about what to do next with their order. The principal has 7 days from the date of sending the message to respond to this request. If the client requests the repeated sending of such a returned consignment, the operator shall charge a second postage and handling fee to the total price of shipment according to the valid price list. The resending of such a returned consignment is only possible on payment in advance. If the principal does not respond to the operator's request within the set deadline, the order will be canceled by the operator.

10. The principal as a private person (non-entrepreneur) has the option of withdrawing from the contract within 7 working days from receipt of the goods in accordance with the law. In this case, the principal contacts the operator and submits a written notice (not in electronic form) of withdrawal stating the order number, date of purchase and the account number or exact address for financial settlement. The principal shall send the purchased goods in the same condition as when accepting them (including documentation, accessories, and so on.) at their own expense, along with the original proof of purchase back to the operator's address (but not via cash on delivery). The principal does not have the right to withdraw from the contract if the goods were purchased and taken over personally by the principal. The operator undertakes to repay the principal for the price paid for the goods within 15 calendar days from the receipt of the returned goods in the same way that was used when paying for the goods, unless the principal requests otherwise. If the returned goods are damaged, used, worn or incomplete, the operator can return the purchase to the principal price reduced by the amount of damage or wear of the goods in the amount of min. 1% of the total price (in accordance with the relevant provisions of Par. 457 of the Civil Code).

11. The principal may not withdraw from the purchase contract whose subject is the provision of a service, if the service began to be performed with the principal's consent before the deadline for withdrawal from the contract was over, nor may they withdraw when selling goods made to the specific requirements of the customer, goods intended specifically for one customer, goods which cannot be returned considering their features (i.e. for sanitary reasons) or perishable goods.

12. The operator reserves the right to change prices. The price is valid same as it is given in the email confirming the receipt of order. The price does not include consulting, transportation or any other expenses, unless specified in the product description. The price of goods is determined by the current price list. Discounted (on sale) product prices are clearly marked with symbols (e.g. "special price" or "sale"). The validity of discounted prices lasts until stocks are exhausted or during the period referred to next to the discounted price.

13. If the principal is currently located or living abroad, the operator will agree on the payment and delivery terms with the principal individually. When shipping orders to the CR, the principal pays the price of goods and transport via courier service converted to CZK according to the current exchange rate of the National Bank of Slovakia (www.nbs.sk).

14. Warranty terms are governed by the complaint procedure.

15. The operator is not responsible for the late delivery of goods caused by the deliverer (post, courier) or by giving the wrong address of the principal. The principal is obliged to thoroughly inspect the goods upon their receipt from the courier and confirm the receipt of goods on the document for the receipt of goods with their signature. If the shipment is visibly damaged or destroyed, the principal shall immediately contact the operator without accepting the shipment. A claim for any non-delivery due to the carrier's fault or damage to goods caused by the carrier must in such cases be directly exercised with the carrier. Complaints regarding mechanical damage caused by the transport of goods whose acceptance was confirmed by the principal to the carrier will not be considered eligible by the operator, and the fulfillment of such a claim will not be provided to the principal.

16. All received electronic orders of goods are considered a proposal to conclude the purchase contract and are not considered binding. The principal has the right to cancel the order without giving any reason at any time before the delivery of the goods via e-mail or by phone. The operator has the right to cancel the order in case of non-delivery due to force majeure, due to the end of their production, due to the goods being sold out, or because of the impossibility of delivery in the price stated in the online shop; in all these cases, the operator shall inform the principal. The operator shall provide an opportunity for the delivery of replacement goods. The principal has the right to refuse the delivery of replacement goods and withdraw from ordering the given goods. In the case of paying the purchase price or its part, the funds will be repaid to the principal when the order is canceled within 15 calendar days in the same manner as used for the payment for goods, unless the customer requests otherwise.

17. The principal declares that in the meaning of the provision of Par. 7, Sec. 1 of Act No. 428/2002 Coll. on Personal Data Protection, as amended, they agree that the operator can keep their personal data, in particular those mentioned above, and/or which are necessary for the operator's activities, and process them in all their information systems. The principal grants this consent to the operator for an indefinite period. The principal may revoke this consent to the processing of personal data at any time in writing (e-mail, registered mail) or by telephone, on the basis of which the operator deletes their personal data from the database. The updating of personal data may be done by a registered principal directly in the online mode on the website of the online store after logging in.

18. After submitting the order or registering, the principal can receive news about product offers, promotions and services or the seller. The principal may revoke the sending at any time via the link located in the e-mail that will be delivered to them.

19. Trade relations (as well as other legal relations which may result therefrom) with natural persons not acting under these GTC as part of their business activity during the conclusion of commercial contracts are governed, in addition to the general provisions of the Civil Code, also by specific rules, in particular Act No. 108/2000 on the protection of consumers in doorstep and distance selling, and Act No. 250/2007 on the protection of consumers.

20. The principal and the operator have agreed that they fully accept electronic forms of communication, especially through electronic mail and the Internet as valid and binding on both contracting parties. The electronic form of communication is not acceptable in the event of withdrawal from the purchase contract.

21. By sending an order, the principal confirms that they have read these GTC and fully agree with them. Notwithstanding any other provisions of these GTC, the operator is not liable to the principal for lost profits, loss of opportunity or any other indirect or consequential loss due to negligence, breach of the purchase contract, or incurred in any other way. If the certain provisions of these GTC are demonstrated to be invalid or unenforceable to the competent authorities of the Slovak Republic, either in whole or in part, the validity and enforceability of the remaining provisions of the GTC and the remaining parts of the given GTC provision shall not be affected thereby.

22. The GTC apply as stated on the website of the operator on the day of sending the electronic form with the order, except if expressly agreed otherwise between the two contracting parties.

 

The operator reserves the right to change these GTC. The obligation of written notice regarding a change of these GTC is met by placing it on the store website.

These GTC are valid from 1 August 2014 and fully replace the previous GTC. The operator reserves the right to change the GTC without previous notice.

 
 
 
 
 

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