General Terms and Conditions 2017-10-17T15:48:09+00:00

General Terms and Conditions

Of the DELTAPLAST Company, ltd., based in Dežerice 323 95703, Company ID: 46047646, registered in the Commercial Register of the County Court Trenčín, section: R, insert no.: 24103 (hereinafter referred to as the “GTC“).

 

  1. General provisions

 

  • These GTC apply to contractual relationships that are established between the seller and the buyer by closing a purchase contract, and they are a part of every purchase contract closed between the contracting parties. Buyers can be natural persons as well as legal entities.
  • By filling out the “Order“ form and acknowledging these GTC (hereinafter referred to as the “order“), the buyer agrees to these GTC of the seller, which are an integral part of each purchase contract and are always available at the seller’s webpage.
  • The seller also operates the e-commerce system operated through the webpage of the seller (hereinafter referred to as the “store“).
  • Contractual relationships (as well as other legal relationships that may arise from a contractual relationship) with natural persons, who do not act within the scope of their business activity when closing the purchase contract under these GTC, are the subject of general provisions of the Law No. 40/1964 Coll. the Civil Code as amended, as well as special regulations, especially Law No. 102/2014 Coll. on Consumer protection for sale of goods and providing services based on a contract closed on distance or a contract closed outside of the seller’s premises, and Law No. 250/2007 Coll. on Consumer protection.
  • Contractual relationships (as well as other legal relationships that may arise from a contractual relationship) with legal entities or natural persons – entrepreneurs are the subject of provisions of the Law No. 513/1991 Coll. the Civil Code as amended.
  • A buyer is each person (natural or legal) that filled out and sent an order using the webpage of the seller, received email order confirmation and paid the purchase price. A buyer is also each person, who placed his or her order by phone or by sending an email, and accepted by email the price offer of the seller and the GTC.
  • An order is an “Order“ form filled out and sent by the buyer that was processed by the store system. In case the buyer does not use the option to place the order using the order form in the sense of the previous sentence, an order is considered an order placed by phone, email or mail to the address of the seller.
  • The order contains information about the customer and about the ordered product. An invoice is automatically generated for the customer based on the order to pay the purchase price. In case the buyer does not use the option to place the order using the order form, but places the order by phone, email or mail to the address of the seller, the seller shall sent the buyer the price offer by email.
  • A product is a gift or a utility object made of wood (tree and accessories)
  1. Product order – closing the purchase contract
  • An electronic order of products placed in the form of a filled out “order“ and the subsequent payment of the purchase price based on the automatically generated invoice is the proposal to close the purchase contract on part of the buyer. The purchase price is considered paid on the day the money is credited to the seller’s account.
  • The acceptance of the order of product on part of the seller and thus the closing of the purchase contract occurs based on written confirmation (electronically) of accepting the order and confirmation that the money has been credited to the seller’s account, whereby the seller also informs the buyer that the product has been put into production/for shipment.
  • A proposal to close the purchase contract is also the sending of the price offer issued by the seller based on an order place by the buyer by phone or by email. In this case the purchase contract is closed by the written confirmation (electronically) of the price offer by the buyer.
  • In case the order was placed using the “order“ form, the buyer shall pay the purchase price to the seller always in advance, otherwise the purchase contract is not closed.
  • In case the order was closed based on clause 3 of this article of these GTC, the buyer shall pay the purchase price based on the invoice issued and delivered by the seller to the buyer. In case the buyer is late in paying the purchase price, the seller is entitled to demand the payment of the contractual penalty of 0.05% of the due amount for each begun day of delay and a one-time flat-rate compensation for administrative work in the amount of 20 Euros.
  • The purchase contract is closed for definite period and ceases to be when the seller and the buyer fulfill their respective obligations.

 

  1. Purchase price and payment terms

 

  • The price of the products ordered through the electronic store (hereinafter referred to as the “purchase price“) is always set specifically for each individual customer after filling out the order on the webpage of the seller. In case the order is placed based on article II clause 5 of these GTC, the seller shall send the buyer a price offer by email.
  • The seller does not guarantee time validity of purchase prices for the same order in any time period. To avoid any doubt, the purchase price generated for a specific order does not change after it was paid within the due period.
  • The purchase price of products does not include the transportation price or other costs associated with the delivery of the products.
  • The basic means of payment is the Euro currency.

 

  1. Delivery of products

 

  • The seller shall deliver the products to the buyer in the quantity and quality ordered, and in case of a buyer based on article I clause 5, also with a printed version of these GTC, if the buyer did not received them already together with the tax documents related to the products as well as other documents, if they exist and are typical for given product. If the buyer did not receive a printed version of these GTC together with the product based on article I clause 5, the buyer shall inform the seller of this fact in writing no later than within three days after receiving the product, otherwise it is assumed that the obligation of the seller to deliver these GTC in printed form was fulfilled.
  • The seller processes all received orders in the order in which he received them. The delivery time for an ordered product is 7 business days from the day the purchase price was credited to the seller’s account. In case of special requests (including, but not exclusively for special finishing processes and special raw materials) the delivery period extends by additional days, of which the customer will be informed by email in the price offer.
  • If the seller is unable to deliver the ordered product to the buyer, despite the fact that the purchase contract has been closed, the seller shall immediately inform the buyer of this fact and return him or her the purchase price of the product within 15 days, unless the contracting parties agree otherwise. The contractual relationship between the seller and the buyer automatically ceases by returning the paid purchased price.
  • The place of delivery of the ordered product is the address listed by the buyer in the order.
  • The seller shall carry out the delivery of the product to the buyer (or a person authorized by the buyer to receive the product) using own means or using third parties (transportation companies).
  • The delivery of the product is done by handing over the product to the buyer (or a person authorized by the buyer to receive the product) or by handing over the product to the first carrier for delivery.
  • The transported product must be suitable and safely packaged. The buyer shall confirm by his or her signature on the shipping/delivery list the delivery of the product as well as the fact that the package was not damaged and that the product was delivered in full order.
  • For personal pickup, if there is visible damage to the product, if defects are discovered, the buyer shall not receipt the product. Receipting the product means that defects were not discovered. For personal and parcel delivery, the buyer shall make a note of the product damage in the shipping/delivery list with a detailed description of the damage, immediately upon receipt, in case of defects discovered upon receipt or no later than 10 days after the receipt for hidden defects. All defect and damages reported at a later time, or the seller will not accept quantity and quality claims of the product.
  • The seller shall provide the buyer a conformation on closing the contract on a durable medium together with the product.

 

  1. Receipting the product

 

  • The buyer shall receipt the ordered product, which was delivered by the seller to the place of deliver specified in the order.
  • If the buyer does not receipt the product, the seller stores it in his facility and notifies the buyer to pick it up in writing. In case the buyer does not pick up the product within 30 days from the day of delivery of the written notice, the buyer shall pay the seller a contractual fine amounting to the purchase price of the product, including shipping. The claim to other costs incurred by the seller due to the breach of buyer’s obligation to receipt the product as well as damage claims are not affected by this. The contractual relationship establishing by the purchase contract between the seller and the buyer ceases after the expiration of the period to receipt the product.
  • The risk of product damage and responsibility for the product damage is transferred to the buyer by him or her receipting the product, regardless of whether the buyer receipts the product in person or through an authorized person. In the case referred to in clause 2 of these GTC, the risk of product damage and responsibility for the product damage is transferred to the buyer on the day the buyer did not receipt the product at the first delivery attempt.

 

  1. Shipping

 

  • Shipping costs of the seller are not included in the purchase price of the product. These will be calculated in the automatically generated invoice or in the price offer sent by email, and the buyer undertakes to pay them together with the purchase price.
  1. Withdrawal of the buyer from the purchase contract

 

  • The buyer may withdraw from the purchase contract in accordance and in the manner specified in the Civil Code. The buyer has the right to withdraw from the purchase contract without stating a reason within 14 calendar days from the day the buyer or a person authorized by him or her, with the exception of the carrier, receipts the product.
  • In exercising the right to withdraw from the contract, the buyer shall inform the seller about his or her decision to withdraw from the contract by a clear declaration in a letter sent by registered mail to the seller’s address listed in these GTV. For this purpose, the buyer can use a template form to withdraw from the contract that is available on the seller’s webpage.
  • The period to withdraw from the contract is retained, if the buyer sends the notice of exercising the right to withdraw from the contract before the period to withdraw from the contract expires, so no later than on the 14th day after the period to withdraw from the contract started.
  • After withdrawing from the contract, the seller shall return all payments paid by the buyer in connection to closing the contract, especially the purchase contract, including the delivery costs. This does not apply to additional costs if the buyer chose a delivery method other than the cheapest common method of delivery offered by the seller. Payments shall be returned to the buyer without undue delay, no later than 14 days after the notification on withdrawal from the contract has been delivered. Their payment will be done in the same manner in which the buyer has paid the purchase price and related costs, unless the buyer explicitly agreed to a different payment method, without charging any additional costs.
  • The payment for the purchased price will be paid to the buyer after the returned product has been delivered back to the address of the seller or after providing a document proving the shipment of the product back, whichever happens first.
  • In case of withdrawing from the contract, the buyer shall send the product back or bring it to the address of the seller listed in these GTC no later than within 14 days from exercising the right to withdraw from the contract. The period is considered met, if the buyer send the product back before the 14 day period expires. Direct costs of returning the product are borne by the buyer. The buyer is responsible for any decrease of value of the product due to handling the product in a way other than what is necessary to ensure the nature, features and functionality of the product.
  • Conditions set out in the Commercial Code apply to buyers – business entities that want to withdraw from the contract.
  • Without a financial penalty, the buyer may cancel only his or her order placed using the “order“ form, within 24 hours from placing the payment order to pay the purchase price, however no later than before the purchase price is credited to the seller’s account and he or she shall inform the seller of this fact by phone or in writing. The seller undertakes to return the purchase price to the buyer within 15 days if it was credited to the seller’s account, unless the contracting parties agree otherwise. In case the price offer of the seller was accepted by email, cancellation is not possible.
  • If the order was cancelled after the purchase price was credited to the seller’s account or if the buyer does not meet his or her notification obligation according to clause 3 of these GTC, the seller is not obliged to accept the cancellation of the order and it is considered that the purchase contract was duly closed.
  • The seller does not receipt the returned product using the payment on delivery method. If the legally set reasons to return the product are met, the buyer must return the product in the form of a regular postal parcel or using a transportation company.
  • Contact information of the seller for contract withdrawals or claims under the following article:
    1. address: DETLA PLAST Company, ltd., Dežerice 323 95703
    2. phone no.: 0911026718
    3. info@stromcheck.sk
  1. Responsibility for defects, warranty and claims

 

  • The seller is not responsible for product defects if poor quality source materials supplied by the buyer cause these.
  • The seller is not obliged to inform the buyer about the poor quality of source materials. The seller is not checking the quality of source materials, he does not modify or change them in any way, they are processed automatically. He is also not responsible for the content of the source materials and their compliance with generally binding legal regulations, or for the violation of the intellectual property rights of third parties.
  • The buyer is exclusively responsible for product defects caused by defective/poor quality source materials.
  • The buyer is responsible for the content of the source materials and their compliance with the generally binding legal regulations of the Slovak Republic and/or general morale and he or she is responsible for any damage that might have been caused by third parties in connection with using the products.
  • When processing the order, if the seller discovers that the delivered content of the source materials is derogatory or in contrary to the seller’s moral and ethical opinions or in breach of the generally binding legal regulations, he has the right to withdraw from the purchase contract by delivering a written notification on the cancellation of the order by email. The buyer is not entitled to any compensation except for the right to refund the purchased price already paid.
  • The seller provides a warranty for the delivered products pursuant to applicable legal regulations of the Slovak Republic. The warranty period starts on the day the product was receipted by the buyer. In case of buyers – business entities, provisions of the Commercial Code apply to the responsibility for defects and the terms for providing warranty.
  • In case the product was returned with a defect that was discovered after it was receipted, and which was not obvious and detectable under normal inspection upon receipt, the buyer is entitled to an adequate discount on the purchase price corresponding to the nature and extent of the defect or the return of the purchase price. If it is a defect that makes the product unusable, the buyer is entitled to withdraw from the contract. After an agreement of the contracting parties a new product without any defects can replace the defective product. Damaged or defective product must be complete.
  • The buyer is entitled to claim the product within warranty period and immediately after discovering the defect, by sending a written claim to the address listed in these GTC in according to the generally binding legal regulations.
  • The seller is obliged to process the claim and inform the buyer (electronically or by mail) about the result of the claim within 30 days after receiving the written claim.
  • The procedures regulated in this article reasonably apply to filing a complaint or an incentive on part of the buyer.

 

  1. Privacy Policy

 

  • When filling out the order form, the buyer acknowledges and declares he or she has been instructed pursuant to the Law No. 122/2013 Coll. on Privacy Policy.

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These GTC as available on the seller’s webpage were approved by the competent authority of the DELTA PLAST Company, ltd.

The text of these GTC is effective from 1.10.2017