for the sale of products and services through an on-line shop located at the internet address www.infokiosk.store
1. Preliminary provisions
1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company AVsystems s.r.o., with registered office at Račianska 66, Bratislava 83102, identification number: 44155778, registered in the Commercial Register of the District District Court Bratislava I, Section: Sro, Insert number: 52285/B (hereinafter referred to as "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Coll, of the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is maintained by the Seller on a website located at www.infokiosk.store (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
1.2 The Terms and Conditions do not apply where the person intending to purchase the Goods from the Seller is a legal person or a person acting in the course of his or her business or in the course of his or her independent practice of a profession when ordering the Goods.
1.3 Provisions different from the terms and conditions may be negotiated in the contract of sale. Different agreements in the contract of sale take precedence over the provisions of the terms and conditions.
1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in the Slovak language. The Purchase Contract may be concluded in the Slovak language.
1.5 The Seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the terms and conditions.
2. User account
2.1 Upon registration of the Buyer on the Website, the Buyer can access his/her user interface. From his user interface, the Buyer can order goods (hereinafter referred to as "user account"). If the web interface of the shop allows it, the Buyer can also order goods without registration directly from the web interface of the shop.
2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account whenever it is changed. The data provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4 The Buyer is not entitled to allow third parties to use the user account.
2.5 The Seller may terminate the User Account, in particular if the Buyer does not use his User Account for more than [time period] or if the Buyer breaches his obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software equipment, or with regard to the necessary maintenance of third party hardware and software equipment.
3. Conclusion of the Purchase Contract
3.1 The entire presentation of the goods placed on the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a contract of sale with respect to these goods. The provisions of § 1732 paragraph 2 of the Civil Code shall not apply.
3.2 The web interface of the shop contains information about the goods, including the prices of each type of goods and the costs for returning the goods, if these goods by their nature cannot be returned by the usual postal method. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually negotiated terms.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Slovak Republic.
3.4 To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:
3.4.1 the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
3.4.2 the methods of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.4.3 information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5 Before sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors made when entering the data in the Order. The Buyer shall send the order to the Seller by clicking on the "Order with payment due" button. The data provided in the order are considered correct by the Seller. Immediately upon receipt of the order, the Seller shall confirm such receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6 The Seller is always entitled, depending on the nature of the order (quantity of the goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional order confirmation (e.g. in writing or by telephone).
3.7 The contractual relationship between the Seller and the Buyer is established by the delivery of the accepted order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
3.8 The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
4. Price of goods and payment terms
4.1.The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
- cashless transfer to the Seller's account No. SK97110000000000002622180164, kept with Tatrabanka (hereinafter referred to as the "Seller's account");
- by cashless payment card
- by means of a credit granted by a third party.
4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also be understood to include the costs associated with the delivery of the goods.
4.3 In the case of payment in cash or in the case of payment on delivery, the purchase price shall be payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.
4.4 In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
4.5 The Seller shall be entitled, in particular in the absence of additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the Buyer. The provisions of § 2119 paragraph 1 of the Civil Code shall not apply.
4.6 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
4.7 If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer in respect of payments made on the basis of the Purchase Contract. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
4.8 According to the Sales Register Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.
5. Withdrawal from the contract of sale
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, among other things, it is not possible to withdraw from a contract of sale for the supply of goods that have been modified according to the wishes of the Buyer or for his person, from a contract of sale for the supply of perishable goods, as well as for goods, which has been irretrievably mixed with other goods after delivery, from a sales contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a sales contract for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
5.2 Unless the case referred to in Article 5.1 of the Terms and Conditions or any other case where it is not possible to withdraw from the contract of sale, the Purchaser shall have the right to withdraw from the contract of sale within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject matter of the contract of sale is several types of goods or the supply of several parts, this period shall run from the date of receipt of the last delivery of the goods. Withdrawal from the contract of sale must be sent to the Seller within the period referred to in the preceding sentence. To withdraw from the contract of sale, the Buyer may use the model form provided by the Seller, which is attached to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's electronic mail address firstname.lastname@example.org
Formulár na stiahnutie: Odstupenie od zmluvy
5.3 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days of the Seller's receipt of the withdrawal from the Purchase Contract. In the event of withdrawal from the contract of sale by the Buyer, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.4 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the monies received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract, in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the funds already provided by the Buyer upon return of the goods by the Buyer or otherwise, provided that the Buyer agrees to this and no further costs are incurred by the Buyer. If the Buyer withdraws from the contract of sale, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller.
5.5 The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
5.6 In cases where the Buyer has the right to withdraw from the contract of sale in accordance with the provisions of Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the contract of sale at any time up to the time of acceptance of the goods by the Buyer. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.
5.7 In the event that a gift is provided to the Buyer together with the Goods, the gift contract between the Seller and the Buyer shall be concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift provided together with the Goods to the Seller.
6. Transport and delivery of goods
6.1 In the event that the method of transport is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with this method of transport.
6.2 If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer shall be obliged to take delivery of the Goods upon delivery.
6.3 In the event that, for reasons on the Buyer's side, it is necessary to deliver the Goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the Goods or the costs associated with a different method of delivery.
6.4 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event that the Buyer observes damaged packaging indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.
6.5 Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's Special Conditions of Delivery, if issued by the Seller.
7. Rights from defective performance
7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2 The Seller shall be liable to the Buyer for the fact that the Goods are free from defects upon acceptance. In particular, the Seller shall be liable to the Buyer for the fact that at the time the Buyer took over the goods:
7.2.1 the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer having regard to the nature of the goods and on the basis of the advertising carried out by them,
7.2.2 the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
7.2.3 the goods correspond in quality or workmanship to the agreed sample or specimen where the quality or workmanship was determined by the agreed sample or specimen
7.2.4 the goods are in the corresponding quantity, measure or weight; and
7.2.5 the goods comply with the requirements of the law.
7.3 The provisions set out in clause 7.2 of the terms and conditions shall not apply in the case of goods sold at a lower price to a defect for which the lower price has been agreed, to wear and tear caused by normal use, in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer or if this is apparent from the nature of the goods.
7.4 The buyer is entitled to exercise the right of defect that occurs in consumer goods within a period of twenty-four months from the date of acceptance. The proof of purchase, i.e. the invoice, must be attached in order to make a claim.
7.5 The Buyer shall claim the rights from defective performance at the Seller's address of his/her establishment, where the acceptance of the claim is possible with regard to the range of goods sold, or also at the registered office or place of business.
7.6 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
8. Other rights and obligations of the Parties
8.1 The Buyer shall acquire ownership of the Goods by payment of the full purchase price of the Goods.
8.2 The Seller shall not be bound by any code of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3 The Seller shall handle consumer complaints via the following electronic address email@example.com. The Seller shall send information about the handling of the Buyer's complaint to the Buyer's electronic address.
8.4 The competent Slovak Trade Inspection Authority, based at Pekárska 23, 917 07 Trnava, is designated for out-of-court settlement of consumer disputes arising from the Purchase Contract.
8.5 The European Consumer Centre in the Slovak Republic, located at Mlynské nivy 4924/44A, 82715 Bratislava, internet address: https://esc-sr.sk/ is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulations (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
8.6 The Seller is authorised to sell goods under a trade licence. Trade control is carried out within the scope of its competence by the competent trade licensing authority. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection.
8.7 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
9.1 The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
9.2 The Buyer consents to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and e-mail address (hereinafter collectively referred to as "personal data").
9.3 The Buyer consents to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining a user account. Unless the Buyer chooses otherwise, the Buyer also consents to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety pursuant to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
9.4 The Buyer acknowledges that he is obliged to provide his personal data (at registration, in his user account, in the order created from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
9.5 The Seller may entrust a third party as a processor to process the Buyer's personal data. Except for the persons transporting the goods, personal data shall not be sold by the Seller to third parties without the Buyer's prior consent.
9.6 Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.
9.7 The Buyer confirms that the personal data provided is accurate and that it has been advised that this is a voluntary provision of personal data.
9.8 In the event that the Buyer believes that the Seller or the Processor (Article 9.5) is carrying out processing of the Buyer's personal data which is contrary to the protection of the Buyer's private and personal life or contrary to law, in particular if the personal data is inaccurate with regard to the purpose of its processing, the Buyer may:
9.8.1 request an explanation from the seller or processor,
9.8.2 require the seller or processor to remedy the situation.
9.9 If the Buyer requests information about the processing of his personal data, the Seller shall be obliged to provide the Buyer with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary for the provision of the information.
10. Sending commercial notifications and storing cookies
10.1 The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of business notices by the Seller to the Buyer's electronic address.
10.2 The Buyer agrees to the storage of cookies on the Buyer's computer. If the purchase can be made on the website and the Seller's obligations under the Purchase Agreement can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may withdraw his/her consent under the preceding sentence at any time.
11.1 An invoice may be delivered to the Buyer at the Buyer's electronic address.
12. Final provisions
12.1 If the relationship established by the Purchase Contract contains international (foreign) elements, the parties agree that the relationship is governed by Slovak law.
12.2 By making a choice of law pursuant to Article 12.1 of the Terms and Conditions, the consumer is not deprived of the protection afforded by the provisions of a legal order which cannot be derogated from and which, in the absence of a choice of law, would otherwise apply pursuant to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.3 If any provisions of the terms and conditions are or become invalid or ineffective, the invalid provisions shall be replaced by provisions whose meaning is as close as possible to the invalid provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.4 The Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.
12.5 The sample form for withdrawal from the Purchase Contract is an annex to the Terms and Conditions.
12.6. Seller's contact details: delivery address AVsystems s.r.o., Račianska 66, 83102 Bratislava, e-mail address firstname.lastname@example.org, phone +421 2 53636250.
In Bratislava, on 1st of November 2022