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HRUŠKA GLASS - original glass design shop

sales conditions

Terms and Conditions

Part I. Terms and conditions for Consumers

  1. General Provisions

1.1.

Following general terms and conditions (hereinafter referred to as the “general terms and conditions”) set the rights and obligations of the contracting parties when a contract is awarded or entered into between the seller HAPPY-SK, s.r.o, based Brezová 1146/65A,Viničné, Company registration number: 50189298, registered in the Commercial Register District court Bratislava I, Section: Sro, File No: 109531/B Tax Identification Number: 2120213777 and Company Registration Number  VAT SK 2120213777 (hereinafter referred to as thes “seller”) and buyer – consumers which subject is the purchase and sale of goods on the website of online store of the seller.

Seller’s contact information:

E-mail: sales@hruskaglass.com Phone No.: +421 948 88 67 88

Postal address:

HAPPY-SK, s.r.o

Brezová 1146/65A

Viničné, 90023

Bank transfer payments:

Tatrabanka: 2948019215/1100

IBAN: SK19 1100 0000 0029 4801 9215

BIC (SWIFT): TATRSKBX

Supervisor:

The Slovak Trade Inspection (SOI)

Inspectorate SOI for the Bratislava region

Prievozská 32, P.O. Box 5, 820 07 Bratislava 27

Department of technical control products and consumer protection

Phone No.: +421 (0)2/ 58272 172-3 Fax No.: +421 (0)2/ 58272 170

1.2 The buyer within the meaning of this section of terms and conditions means the consumer.

1.3 Consumers, for the purposes of this section of terms and conditions means the natural person who, in concluding and performing the purchase contract, does not act within the scope of its business, employment or occupation.

1.4. The buyer as a consumer, when placing the order shall state the name, address, telephone number, e-mail contact, delivery address, country.

1.5. The Parties agree that the buyer by sending the order to the seller confirms that he agrees to these general terms and conditions and that the terms and conditions will apply to all sales contracts concluded on the website of electronic commerce, which is operated by the seller and under which the seller delivers the goods presented on the websites to the purchaser (the “purchase contract”) and is applied to all relations between the seller and the buyer arising in particular when concluding the contract and the complaint of the goods.

1.6. Terms and conditions are an integral part of the purchase contract. If the seller and the buyer enter into a written purchase contract in which they agree on terms and conditions which are different from these general terms and conditions, the provisions of the purchase contract gives precedence over the general business conditions.

1.7. The list of goods on Ecommerce websites, operated by the seller, is a catalogue of commonly delivered goods and the seller does not guarantee the immediate availability of all the goods. Product availability will be confirmed by the seller upon the buyer’s questions.

  1. The Process of Concluding the Purchase Contract

2.1. The purchase contract is concluded by binding acceptance of the seller´s proposal to conclude the purchase contract by the buyer, sent to the buyer by e-mail and / or by a buyer with completing and submitting the form on the seller’s website and / or a telephone order by buyer to the seller (the “Order “).

2.2. Binding acceptance of the byer´s order by the seller is the  e-mail confirmation sent by the seller to the buyer after the prior receipt of the order by the buyer, and after verifying the availability of goods, current prices and delivery date required by the buyer labeled as the “confirmation of order”. In the event of a higher price the seller has the obligation to request from the customer’s consent to the change prices according to the current price list before confirming the order. Just after the granting consent by the customer to the price change and subsequent confirmation (acceptance) order by the seller, the contractual relationship is not closed. All prices for goods and services and any charges in the ecommerce are quoted inclusive of VAT. (Except of third countries for which prices are automatically set without VAT under the current legislation of the Slovak Republic). Automatically executed notice of the order to the electronic system of the seller, which the buyer will receive on his e-mail address immediately after sending the order shall not be deemed as a binding acceptance of the order; this serve only for information purposes – as a notification to the buyer on receipt of the order. All further information regarding the order, if necessary, will be sent to the e-mail address of the buyer.

2.3. Binding acceptance of the order shall contain especially information about the name and specification of goods whose sale is subject to the purchase agreement, further details of the price of goods and / or other services, an indication of the delivery time of goods, the name and address of the place where the goods should be delivered and data price, conditions, methods and terms of goods transport to the agreed place of delivery of the goods to the buyer and  details of the seller (trade name, registered office, identification number, trade register, etc.)., or other data.

2.4. Buyers can deliver to the seller via e-mail or phone call within 24 hours of receipt of order to the seller notification that the order was cancelled. The buyer is obliged to notice the name, e-mail and a description of the ordered goods if he wants to cancel the order. In case of cancellation of order by the seller to the buyer does not charge any fees associated with the cancellation. If the buyer has paid the purchase price or part of it in time of the order cancellation, the seller has to reimburse the purchase price or part of it within 14 days from the cancellation of orders transfer to the bank account of the buyer, unless the parties agree a different way of returning the purchase prices.

2.5. According to the amendment of Act No. 222/2004 Coll, on Value Added Tax it is since 1.1 2013 not possible to change the data on already issued tax document (invoice). The data in the tax document (Invoice) can be changed only in cases where the customer has not yet accepted the goods and didn´t pay yet.

2.6. In the case of special offers is the sale of goods on the seller’s websites, except of these general terms and conditions, ruled by the binding terms and conditions of the relevant special offer. If the buyer orders in contradiction of the terms of the relevant special offer, the seller is entitled to cancel the order of the buyer. The customer will be informed about the cancellation of the order by e-mail and in case of payment of the purchase price or part of it, money will be returned within 14 days to the designated account, unless the seller agrees otherwise.

  1. Rights and Obligations of the Seller

3.1. The Seller is Obligated to:

– To deliver the goods under the order confirmed by the seller to the buyer in the agreed quantity, quality and time and pack the goods or arrange it for the transport in the way for its to preservation and protection

– Ensure that the delivered goods meet the applicable regulations of the Slovak Republic, hand over to the buyer in written or electronic form all documents necessary for the acceptance and use of goods and other documents prescribed by applicable legislation (instructions in Slovak language, invoice) latest with the goods delivery.

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

3.3 The seller has the right to cancel the order in case of sell-out or unavailability of goods, if he is unable to deliver the goods to the buyer within the time limit set by these Terms and Conditions or under the price, which is quoted in the ecommerce, until the customer agrees to the compensation. The customer will be informed about the cancellation of the order by telephone or e-mail and in case of payment of the purchase price or part of it, money will be returned within 14 days to the designated account, unless the seller agrees otherwise.

3.4. In cases where the delivery of goods to buyers are pre-paid by card, bank transfer or by invoice with special due date, the  company HAPPY-SK, Ltd. reserves the right to verify the identity of the buyer, or persons authorized to receive the goods at the address of the company.

  1. Rights and Obligations of the Buyer

4.1. The Buyer is Obligated to:

– Accept the delivery of purchased or ordered goods

– Pay to the seller the agreed purchase price within the agreed due date, including costs of delivery of goods

– Not to harm the good business name of the seller,

– Confirm the delivery note receipt of the goods by the signature, or the signature of a authorized person

4.2 The buyer has the right to delivery of the goods in the quantity, quality, time and place agreed by the parties in binding acceptance of the order.

  1. Terms of Delivery and Payment

5.1 The product is sold according to the exposed designs, catalogues, standard sheets and samples placed on the website of the ecommerce of the seller.

5.2 The seller is obliged to meet the buyer’s order and deliver the goods to the buyer within 30 days of acceptance of the order by the seller; this delivery date should be accepted by the buyer without reservation.

5.3 The buyer is obliged to accept the goods at the place indicated on the confirmation of the order by the seller. If the buyer doesn´t collect the goods within five working days after the period stated in the contract without the prior written withdrawal from the contract, seller is entitled to claim compensation for the damages in the amount of actual costs of the unsuccessful delivery attempt of the order. After a period of five working days from the date when the buyer was obliged to take over the goods, the seller is entitled to withdraw from the contract and sell the goods to third parties.

5.4 The seller is entitled to ask the buyer to take over the goods before the deadline agreed in the contract.

5.5 Weight, size and other particulars of the goods contained in catalogues, brochures and other documents of the seller indicated by the manufacturer may differ from the real measures of ± 1% of that value.

5.6 Unless the parties agree otherwise in the contract, the place of delivery is the place indicated on the acceptance of the order by the seller.

5.7. If the seller delivers goods to the buyer at the place specified in the purchase contract, the buyer has to take over the delivery in person or to ensure that in case of his absence are the goods taken over by the authorized person stated in the purchase contract and he has to sign the protocol of delivery and handover of goods. Third person empowered to take over of goods specified in the contract is obligated to submit original or copy of the purchase contract and proof of payment of goods and written authorization to the seller. If it becomes necessary to repeat the supply of goods due to the absence of the buyer at the delivery place designated in the contract, all costs thus incurred shall be borne by the buyer, especially repeated delivery of goods to the destination stated in the contract. Goods are deemed to be taken within the meaning of an article 10.2 of these General Terms and Conditions.

 

5.8. The buyer is obliged to check the shipment that means the goods and their packaging immediately upon delivery. If the buyer finds that the goods or packaging of a product is mechanically damaged, he has to notify that to the carrier and check the state of goods in his presence. In the event of damage of the goods at the buyer’s receipt, he has to upon receipt of the goods to make a record of the extent and nature of damage to the goods (claims record entry) immediately, correctness of which is confirmed by the carrier. Based on this record delivered to the seller may the seller, after the conclusion of the damage event with the carrier, provide the shortage of goods, discounts on goods and in case of unrecoverable damages of the goods, to deliver to the buyer new goods.

5.9. When the goods are shipped by the Slovak Post and if the packaging is unpacked, damaged or there are less goods in the package, we recommend to not accept the consignment, or deal directly with the shipping company worker, or a worker at the counter of the post in place of the damage report. In case that the packaging is unpacked, damaged or there are less goods in the package we ask to report the event within 24 hours from take-over of the goods at any branch of the Slovak Post. To draw up the record of the damage it is necessary to have the damaged product, packaging and shipment proof of receipt of the shipment, acquisition costs – invoice. One can find the nearest branch of the Slovak Post on: otvaraciehodiny.posta.sk. You can inform us about the drawing up the record of the damage on our e-mail: sales@hruskaglass.com

5.10. Complaints about the mechanical damage of the goods that were not apparent at the receipt of the goods must be applied immediately after the receipt of the shipment, at the latest within 24 hours of receipt of goods. It is the customer’s responsibility to prove that mechanical failure was not possible to prove/discover even after careful sightings of the shipment and its packaging in accordance with paragraph 5.8. Claims of defects of the goods discovered later will be accepted only if the customer proves that the claimed goods had defects at the time of receipt by the carrier. Before the first use, the buyer is obliged to study the warranty conditions including Slovak / Czech (for foreign English) instructions for use and follow up these instructions.

5.11. Customer is obligated to check the completeness of the package by the takeover of the goods (personal and impersonal). When the buyer courier must draw up a claims record enrolment in place of incomplete package. At personal collection, the buyer is obliged to check the contents of the package immediately, additional claims will not be accepted.

5.12. The buyer is entitled to withdraw from the contract in the event of non-delivery by the seller within the period specified in the terms 5.3. of these Terms and Conditions and the seller is obliged to refund to the buyer full amount or a part of the purchase price that he has paid within the meaning of section 10.08 of these General terms and Conditions.

5.13. The buyer will receive for each shipment the Invoice by e-mail or in the package. The delivery of warranty card, if necessary, will be delivered with the shipment (in the package).

5.14. Payment methods: Cash on receipt of the goods at the company headquarters, by credit card over the Internet, payment on delivery (charged 1.2 EUR), payment on account, payment through the payment gateway Paypal. When using the payment gateway PayPal’s buyer is obliged to meet the general terms and conditions of PayPal and set up an account at www.paypal.com. Seller is not responsible for this service, nor for any claims.

5.15. Prepayment by the bank transfer: If you choose the traditional payment by the bank transfer, we will send you instructions to remit the payment within 24 hours by e-mail. After the payment is credited to our account, you will receive on the same e-mail the Invoice. This operation is performed manually on the following working day. When paying in advance by the bank transfer, the delivery date may be affected by the date of the payment. It is necessary that the amount is credited to our account within five working days after the order confirmation, otherwise it will be regarded as cancelled order. In case of personal collection of the goods, it is necessary to show the document of identity (ID card, passport).

5.16. Payment by the credit card via the internet: By payment of the order by credit card through the Internet, the payment is done through the gateway of Tatra banka a.s. after completion of the transaction. After the payment is credited to our account, you will receive on the same e-mail the Invoice. This operation is performed manually on the following working day.

  1. Purchase Price

6.1. The buyer is obligated to pay to the seller the purchase price of goods agreed in the contract and / or the price list r applicable at the time of conclusion of the purchase agreement, including the costs of delivery of goods (the “purchase price”) by cash payment at the headquarters of the seller, cash on delivery at the place of delivery ( charged 1.2 EUR), by cash on delivery through the company providing  postal or courier service (charged 1.2 EUR) or by the bank transfer to the seller’s account, given in a binding acceptance of the order.

6.2. If the buyer pays the purchase price by the wire transfer, payment date is the date when the full purchase price is credited to the seller´s account.

6.3 The buyer must pay to the seller the agreed purchase price for the goods within the period under the purchase agreement, but not later than on receipt of goods.

6.4 If the buyer pays the purchase price for the goods agreed in the purchase agreement, the buyer is entitled to withdraw from the contract and demand the return of the purchase price only in accordance with applicable laws of the Slovak Republic.

6.5. All special offers are valid while supplies last, unless otherwise indicated for the special product.

6.6. In the case that the purchase price for the returned or defective goods and goods for which there was made the withdrawal from the contract, was paid by the buyer in the form of gift certificates, or in combination with payment, the seller refunds the purchase price to the buyer in the same form as it was paid by the buyer. The value of gift certificates returned to the buyer must not be higher than the value of the gift certificates paid by the buyer when buying goods. If it was not possible to return the gift certificates for objective reasons, mainly because the seller does not have the gift certificates in the required amount, the seller provides the buyer with financial compensation.

  1. The Acquisition of Goods and Transfer of Risk of Damage to Goods

7.1. The buyer acquires title to the goods after the full payment of the full purchase price for the goods.

7.2. Risk of damage to the goods passes to the buyer when he takes over the goods from the seller or when he didn´t do so on time, than  at a time when the seller enable the buyer to handle the goods and the buyer doesn´t take over the goods.

 

  1. Complaints Procedure (Liability for Errors, Warranty, Complaints)

8.1. The seller is responsible for defects of the goods and the buyer is obliged to immediately apply the claims to the seller under the applicable complaints procedure. Further information will be provided to the buyer on request by phone or e-mail, if necessary.

8.2. Handling of complaints is accomplished according to the valid Complaints procedure published on the website of the seller www.hruskaglass.com. Before sending the order to the seller, buyer confirms that he read the Complaints Procedure and fully agree with it and also confirms that he has been duly informed about the conditions and how to claim the goods, including information about where a complaint can be applied and carrying out warranty repairs in accordance with provisions. § 18. 1 of Act no. 250/2007 Call. on the Consumer Protection and the amendment of the Slovak National Council. 372/1990 Coll. on Misdemeanours, as amended (the “Act”), by clicking on the corresponding box.

8.3. Complaints procedure is applied to goods purchased by the buyer from the seller in the form of e-commerce websites of the e-commerce of the seller.

8.4. Complaints procedure is valid for all business cases in this form, unless is contractually agreed other warranty.

8.5. The buyer has the right to claim from the seller guarantee only to goods which are subject to error caused by the manufacturer, supplier or seller, which is covered by warranty and was purchased from the seller.

8.6. The buyer is obliged to examine the goods on receipt of goods. If he doesn´t do so, he can claim the defects found during the inspection, but only if he prove that these goods had defects at the time of delivery.

8.7. During the warranty period the customer has the right to request the removal of defects after presenting the goods to the seller or his authorized representative, including accessories, documentation, the warranty certificate and proof of payment.

8.8. If the product has some defects, the customer is entitled to claim it on the headquarter of the seller in accordance with sec. § 18. 2 of the Act so that he delivers the goods to the address HAPPY-SK, s.r.o .Brezová 1146 / 65A, 90023 Viničné and fill out a form for complaints and deliver it to the seller. The form of the claim report is determined by the seller and the pattern is placed on the website of the seller. The buyer is obliged to form a precise description of the nature and extent of the defects of the goods. Complaint procedure of the goods that can be objectively delivered to the seller begins on the day when all the following conditions are met:

– delivery of the completed form to the claim from the buyer to the seller,

– delivery of the claimed goods from the buyer to the seller,

The seller advises to the buyer to insure the shipment of goods. The seller doesn´t accept the goods sent by the service “cash on delivery”. Complaint Procedure of goods that cannot be objectively delivered to the seller and which is firmly embedded begins on the day when all the following conditions are met:

– delivery of the completed form to the claim from the buyer to the seller,

– execution of  the inspection of the claimed goods by a third party designated by the seller, which will deliver to the seller written confirmation about the inspection

Beginning of the complaint procedure is also the date of the application of the claim. Complained goods must be delivered to the seat of the seller unless the seller or designee determines otherwise (eg. To deliver the goods directly to a designated person). For any questions please contact the company HAPPY-SK, s.r.o, phone number +421 948 88 67 88 or e-mail sales@hruskaglass.com

8.9. The seller is obliged to accept a complaint in his seat, ie at his headquarters or at the designated person in accordance with § 18 sec.2 of the Act.

8.10 In the place determined in the section 8.9 of these General Terms and Conditions for the receipt of complaints, the seller is obliged to ensure the presence of the person authorized to settle the complaint in accordance with § 18 sec. 3 of the Act.

8.11. The buyer is obliged to claim defects of the goods at the seller without delay, otherwise the buyer loses the right to the seller to remedy the error free of charge.

8.12. Seller or his designated person shall issue a certificate of submission of a complaint of the goods to the buyer in an appropriate form chosen by the seller, for example. in the form of email or in writing, which is required to pinpoint mistakes of the goods in accordance with § 18 sec. 5 of the Act and instruct the consumer about its rights derived from those provisions according to the § 622 and mouth. § 623 of the Civil Code. If the claim is put into effect by means of distance communication, the seller is required to confirm the submission of a complaint delivered to the buyer immediately; If you can not deliver the certificate immediately, it must be delivered without undue delay, at the latest, together with proof of settlement of the claim; confirmation of submission of a complaint may not be delivered if the buyer has the opportunity to demonstrate a complaint in another way.

8.13. Based on the decision of the buyer, which he applies under the rights of provision. § 622 and mouth. § 623 of the Civil Code, the seller or designee shall determine the method of complaint under sec. § 2. m) of the Act immediately, in complicated cases within 3 days from the start of the complaint procedure, in justified cases, in particular where a complex technical assessment of the condition of the goods, within 30 days from the date of the complaint procedure. After determining the method of complaint, buyer or designee shall settle the claim immediately, in appropriate cases, a complaint can be solved later. Settlement of the claim shall not take longer than 30 days from the date of the claim application. Once the deadline for settlement of the claim is stated, the consumer has the right to cancel the contract or the right to exchange the goods for new one. The buyer is informed about the seller about the result of the complaint procedure in form agreed between both parties (e-mail and by recorded delivery), at the same time the buyer will receive with the goods the complaint protocol. If the buyer claim the goods within the first 12 months of the conclusion of the purchase contract, the seller may settle the complaint rejected solely on the basis of the experts’ opinion or the opinion issued by authorized, notified or accredited person or opinion of the designated person (hereinafter “the expert assessment of goods”). The seller can not require from the buyer payment of the costs of expert reports on goods, or other costs related to expert reports on goods regardless outcome of the expert assessment of goods.

If the buyer complaint products after 12 months of the conclusion of purchase contract and the seller rejected it, the person who has equipped complaint is mandatory proof of a complaint to indicate who the buyer may send the product to the expert assessment of goods. If the buyer sends the goods to the expert assessment of goods to the person designated by buyer in the settlement of the claim, the cost of expert assessment of goods, as well as all other related expenses reasonably incurred shall be borne by the seller regardless of the outcome of expert judgment. If the buyer shows by the expert assessment of goods the seller’s liability for the claimed failure of goods, he can renew the complaint; the warranty period doesn´t pass during the execution of expert assessment of goods. The seller is obliged to reimburse to the buyer all costs of expert assessment of goods as well as all related costs reasonably incurred within 14 days from the date of lodging the complaint again. Re-filed complaint can not be dismissed.

8.14. The buyer has no right to warranty for defects of which the seller at the time of concluding the contract notice or which in the light of the circumstances under which the purchase contract is concluded, must have known.

8.15 The seller may always replace the defective thing for a faultless instead of removing defects, if it does not cause serious problems to the buyer.

8.16. The claim by the seller to the buyer lapses:

– failure to report evident errors/damages on the goods by reception of the goods

– if the mechanical damage of goods is caused by the buyer

– damage to the goods by unavoidable and / or unforeseeable events

– damage to the goods by accidental destruction and accidental deterioration

8.17. The warranty does not cover damage caused by normal wear and tear (or its parts) caused by its use. Shorter product life can not therefore be considered as a fault and so can not issue of complain.

8.18. If the goods on receipt by the buyer is not in conformity with the contract (ie. Conflict with the contract), the buyer has the right to the seller to bring the goods to the state corresponding with the purchase contract, according to the buyer’s requirements either exchange goods or repair it free of charge and without undue delay. If such a procedure is not possible to apply, the buyer may request a reasonable discount on the price of goods or cancel the contract and do so:

– to bring the goods to the state corresponding with the purchase contract by repairs free of charge

– proportionate reduction of the purchase price

– alternate supply of goods

– withdraw from the contract

8.19. The seller is obliged to settle the complaint and terminated the complaint procedure in the following ways:

– handing over the repaired goods,

– exchange of goods,

– refund the purchase price,

– payment of an appropriate discount from the price of goods,

– written notice about the acceptance of a particular performance by the seller,

– reasons for refusal to claim the goods.

8.20. The seller is obliged to hand over to the buyer the written document about the method of determination and settlement of the complaint made through the postal or courier or delivery service or via e-mail within 30 days from the date of the claim.

8.21. The warranty last for 24 months (unless is other warranty period determined for specific cases) and shall run from the date of reception of the goods by the buyer.

8.22. The warranty period shall be extended by a period during which the buyer couldn´t use the goods due to the warranty repair of the goods.

8.23. In the case of exchange of goods for new, the buyer receives a document stating the type of traded goods, and any other complaints shall apply to the original delivery note of the goods and this complaint document. In the case of exchange of goods for new, the warranty period shall begin to run again from the receipt of new products, but only to new goods.

8.24. First, the buyer may require from the seller the free repair or free replacement and supply of buyers goods. The buyer has the right to exchange goods only in cases if it is in proportion with the nature of the defects. The authorized service centre decides in the form of a written assessment of the defect whether the defect is proportional. Based on this decision will be the claim further proceed according to law.

8.25. All warranty repairs are free of charge, if the right to claim didn´t expire in accordance with paragraph 16.8 of these general terms and conditions.

8.26. If the fault on the goods is removable, the complaint is equipped according to the decision of the buyer under 8.13. of these Complaints Procedure and Terms and Conditions as follows:

– the seller guarantees to remove the defects

– the seller will replace defective goods.

8.27. If it is not possible to remove the defects, or it is about the one several times repeated removable error or a larger number of different removable defects, and which prevent the goods to be properly used as without mistakes, the seller respond depending on the decision of the buyer under 8.13 . of these Complaints Procedure and Terms and Conditions of the claim as follows:

– exchange for other goods with the same or better specifications, or

– if the seller can not perform the exchange of goods for other, respond to complaints issue with a credit note for the defective goods.

8.28. Handling of the complaint relates only to the errors mentioned in the form for complaints.

8.29. For the purposes of claims is under the several times repeated removable defect considered occurrence of one correctable error which occurs more than twice.

8.30. For the purpose of claims is under the greater number of different removable defects considered occurrence of more than three different removable defects simultaneously.

8.31. For the purpose of the claim is for the period, during which after the purchase contract the buyer may not use the goods because of its defects, considered the time constituting more than 180 days in total.

8.32. Authorization of the buyer to complain the defects on the goods is after he exercised his right and asked the seller to remove the defects of the goods in accordance with paragraph 8.8 of these Complaints Procedure and Terms and Conditions, used up, and regardless to the outcome of the complaint has has no right entitled to apply a claim repeatedly to the same unique defect (not a mistake of the same kind).

8.33. If the seller terminates the complaint procedure as justified rejection of the claim, but the fault of the product objectively exists and has not been removed, the buyer can exercise his right to eliminate defects of goods through the court.

8.34. Warnings in Relation to the Claims:

If the taken over goods are returned by the buyer without the original packaging or replacement packaging, the company HAPPY-SK, s.r.o. is not liable for any damage occurred during the transport to the service centre.

8.35. In case that the buyer – the consumer is not satisfied with the warranty claim by the seller or where the buyer – consumer contacts the seller to request corrective action and was not satisfied with the way the seller respond to the complaint or if it considers that the seller violated his rights, the buyer – consumer has a right to contact the seller to request corrective action. If the seller reject such a request or it does not respond within 30 days from the date of dispatch, the buyer – consumer is entitled to initiate an alternative dispute resolution by the subject of alternative dispute resolution entity. Alternative dispute resolution entity is “Slovak Trade Inspection, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27 “respectively other relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk). The buyer – the consumer is entitled to choose the subject of consumer alternative dispute resolution entity to which to turn.

  1. Personal Data and their Protection

9.1. The Parties agree that the buyer if he is a natural person shall notify the seller the name and surname, permanent address including zip code, birth certificate number, telephone number, email address, account number. In case that the seller processes also other personal information of buyers, he processes them to the extent necessary to fulfil the obligations of the purchase contract. Buyer provides the personal data to the seller voluntarily in order to meet its obligations under the contract and further communication with him. Without them provided by the buyer, the seller can not properly perform the contract with the buyer and therefore it can not be concluded. The purpose of the processing of such personal data is issuing tax documents, pre-contractual relations, identifying the buyer confirm the order by telephone or by e-mail, delivery of goods, management of loyalty programs for customers, conducting marketing activities, information about events, news and discounts.

9.2. The seller processes personal data of subjected persons for the purpose of loyalty programs and marketing purposes with the consent of the person concerned in accordance with § 11 of the Act No. 122/2013 Coll. on Protection of Personal Data as amended. The subjected person gives his agreement to the processing of personal data when ordering goods through the online store www.hruskaglass.com or by other means or when requested to issue the customer’s card.

9.3. The seller hereby notifies to the buyer that under provision. § 10  art. 3 point. b) of Act No. 122/2013 Call. About the Personal Data Protection, as amended, the seller as an operator in the process of concluding the purchase contract will process the personal data of the buyer without his consent as the person concerned, since the processing of personal data by the purchaser will be carried out by the seller in pre-contractual relations with buyers and processing of personal data of the buyer is necessary for the performance of the purchase contract in which the buyer acts as one of the parties.

Buyer can before sending orders to seller, by checking off the relevant box, express his agreement to the buyer to process and keep his personal data, in particular those mentioned above and/or which are necessary for the seller regarding the transmission of information about new products, discounts and promotions to the goods and process them in all of their information systems relating to the transmission of information about new products, discounts and promotions to the goods under provision. of § 11 sec. 1 of the Law on Personal Data Protection (hereinafter ZnOOU). The buyer gives to the seller the agreement for a specified period necessary to fulfil the purpose of processing the personal data of the buyer. After the fulfilment of the purpose of processing of personal data shall the seller immediately ensure destruction of personal data of the buyer. The buyer can withdraw in writing from the consent to the processing of personal data at any time. The consent shall expire within one month from receipt of the delivery of the consent of the buyer to the seller.

9.4. The buyer has the right and opportunity to update personal information directly in the online mode on the website of an ecommerce, in the customer section, immediately after login.

9.5. The seller declares that, in accordance with § 6 sec. 2 type c) ZnOOU will obtain personal information is solely for the purpose set out in points 9.1, 9.2 and 9.3. of these conditions.

9.6. The seller declares that, in accordance with § 6 sec. 2 type e) ZnOOU ensure that thepersonal data are processed and used only in a manner that corresponds to the purpose for which they were collected

9.7. The seller declares that, in accordance with the provisions of § 6 sec. 2  type i) ZnOOU will process the  personal data in compliance with good morals and will act in a manner that does not contradict with ZnOUU or other generally binding legal regulations and he will also not circumvent them.

9.8. The buyer has the right, upon written request of the seller to demand:

  1. confirmation whether are or not his personal data processed,
  2. in generally intelligible form information on the processing of personal data in information systems within:
  3. a) identification information of the seller and the seller representative, if appointed
  4. b) identification data of the intermediary; This does not apply if the seller in obtaining personal data does not proceed under § 8 ZnOOU,
  5. c) purpose of processing the personal data,
  6. a) list or range of the personal data acoording to the § 10 sec. 4 of the first sentence ZnOOU
  7. b) Additional information which is taking into account all the circumstances and conditions of the processing of personal data necessary for the buyer to guarantee the rights and legitimate interests in the particular range, particularly:

instruction on voluntary basis or obligation to provide the requested personal data; if the seller obtains the personal data of the buyer with the consent of the buyer according to § 11 ZnOOU he will inform him as well about the time of the consent, and if the buyer’s obligation to provide personal data results from the directly enforceable legally binding act of the European Union, an international treaty binding the Slovak Republic, or the law , the seller shall notify the buyer about the legal basis that it imposes this duty and shall notify him about the consequences of refusing to provide personal information,

third parties if it is expected or clear that the personal data will be provided to them,

range of beneficiaries, if it is expected or it is clear that the personal data will be made available to them;

form of publishing if personal data should be published,

third countries, if it is expected or it is obvious that the transfer of personal data will be transferred to these countries

When issuing the decision according to the paragraph 9.12 of these Terms and Conditions, the buyer is entitled to learn the process of processing and evaluating operations

  1. the accurate information in a generally intelligible form about the source from which it got its personal data to processing,
  2. list of the personal data that are subject to processing in a generally intelligible form
  3. correction or removal of the incorrect, incomplete or outdated personal data which are subject to processing,
  4. removal of the personal data which the purpose of the processing is finished; if the subject of processing are the official documents containing personal data, he may request its returning,
  5. the destruction of the personal data which are subject to processing in case of violation of the law,
  6. blocking the personal data due to withdrawal of consent before the expiry of the period of validity, if the seller processes the personal data with the consent of the buyer.

9.9. The buyer’s right under item 9.8 points 5 and 6 of these Terms and Conditions may only be restricted if such restriction results from a special law or its application would undermine the protection of the buyer, or would violate the rights and freedoms of others.

9.10. The buyer shall be entitled to oppose the seller on the basis of a free of charge written request:

processing of his personal data, which implies that they are or will be processed for direct marketing purposes without his consent, and call for their destruction,

use of the title, name, surname and address of the buyer for the purposes of direct marketing by mail correspondence, or

providing the title, name, surname and address of the buyer for direct marketing purposes.

9.11. Buyer upon written request or in person , if the matter is urgent, has the right at any time to object to the processing of personal data at the seller in cases pursuant to § 10 number 3 point. a), e), f) or g) ZnOOU by saying legitimate reasons or by submitting evidence of infringement of his rights and legitimate interests that are or may be in a particular case of processing of personal data harmed; Unless prevented by legal reasons and it is proved that the objection of the buyer is legitimate, the seller is obliged to block and destroy the personal data which processing was claimed by the buyer claimed, without undue delay.

9.12. The buyer has the right to the seller upon a written request or in person if the matter is urgent, at any time to object and refuse to submit to the decision of the seller, which could have legal effects or significant impact on him if a decision is made solely on the basis of automatic processing of his personal data. The buyer has the right to ask the seller for a review of a decision issued by a method other than the automatic processing, whereas the seller is obliged to meet the buyer’s request, so that the decisive role in reviewing a decision will have an authorized person; on how to investigate and results of investigation will the seller inform the buyer within the time limit specified under paragraph. 9.19. of these General Terms and Conditions. The buyer does not have this right only if so provided by a special law, which are governed by measures to ensure the legitimate interests of the buyer, or if within the pre-contractual relations or if the seller during the existence of the contractual relationship issued a decision which meets the requirements of the buyer, or if the seller under the contract adopted other appropriate measures to ensure that the legitimate interests of the buyer are met.

9.13. If the buyer exercises his right

in a written form and the content of the application shows that he exercises his rights, the application shall be deemed to be filed under this Act; an application submitted by e-mail or fax should be delivered to the buyer in writing within three days from the date of dispatch,

personally, verbally, noted in the minutes, of which it must be clear who has exercised the right, what he wants and when, and who shall keep minutes of its signature and the signature of the purchaser; copy of the minutes has to be given by the seller to the buyer,

at the intermediator in accordance with paragraph 1 or 2 of the paragraph of these Terms and Conditions, is he obliged to submit the request or the minutes to the seller without delay.

9.14. The buyer by suspecting that his personal data are processed without authorization can make the preliminary ruling on the protection of personal data by the Office for Personal Data Protection of the Slovak Republic for

9.15. If the buyer has not the legal capacity in full, his rights may be exercised by his legal representative.

9.16. If the buyer died, his rights arising under this Act may be applied by close relatives.

9.17. Buyer’s request under paragraph. 9.8 points 1-3, 5-8 of these Terms and Conditions and paragraph. 9.10 – 9.12 of these Terms and Conditions is handled by the seller free of charge.

9.18. Buyer’s request under paragraph. 9.8 point 4 of these Terms and Conditions will be handled by the seller free of charge except of payment in the amount that can not exceed the amount reasonably spent on material costs associated with making copies, providing data carriers and sending the information to the buyer, unless a special law provides otherwise.

9.19. The seller is obliged to handle the request in writing to the buyer in accordance with paragraphs 9.17. and 9.18. of these Terms and Conditions within 30 days of receipt of the request.

9.20. The buyer and and the Office for Personal Data Protection of the Slovak Republic has to be promptly informed about limiting the rights of the buyer under paragraph. 9.9 of these Terms and.

9.21. The seller declares that, in accordance with § 15 sec. 1 point. b) ZnOOU processes the personal data of the buyer for the purposes set out in paragraph 9.3 of these Terms and Conditions through the following intermediaries:

Slovenská pošta, a.s.

Seat: Partizánska cesta 9,975 99 Banská Bystrica

Company Registration Number: 36631124 registered at the Commercial Register of the Slovak Republic at the District Court Banská Bystrica, Section Sa, inset No. 803 / S

Inspekta Slovakia ,a.s (FedEX)

Company Registration Number: 31340911 registered at the Commercial Register of the Slovak Republic at the District Court Bratislava 1, Section Sa, inset No. 502/B

ReMax CourierService , spol.s.r.o

Company Registration Number: 35825456  registered at the Commercial Register of the Slovak Republic at the District Court Bratislava 1, Section Sa, inset No. 25438/B

Direct Parcel Distribution SK s.r.o

Company Registration Number: 35 834 498 registered at the Commercial Register of the Slovak Republic at the District Court Bratislava 1, Section Sro, inset No.26367/B

As a buyer, I am aware of the fact that the agreements mentioned above may be taken back in writing at any time.

As a buyer, I declare that I have been informed about the conditions for processing the personal data by operators in accordance with § 15 sec. 1, which are published on the website www.hruskaglass.com

Consent to the processing of personal data – customers

Hereby as buyer I give my consent to the processing of my personal data under § 11 of Act no. 122/2013 Coll. on Protection of Personal Data as amended the legislation in the range defined under paragraph 9.1 of these Terms and Conditions by the company Happy-SK.s.r.o, based Brezová 1146 / 65A, Viničné, Company Registration Number: 50189298.

As a buyer, I am aware of the fact that the agreements mentioned above may be taken back in writing at any time.

As a buyer, I declare that I have been informed about the conditions for processing the personal data by operators in accordance with § 15 sec. 1, which are published on the website www.hruskaglass.com

Consent to the processing of personal data – loyalty programs

If the buyer asks for registration, respectively expresses its consent to be included in a loyalty program, together with that he grants the consent according to the § 11 of Act no. 122/2013 Coll. on Protection of Personal Data as amended in the legislation, to processing of his personal data contained in the applications respectively in applications in loyalty programs for maintaining the loyalty programs by HAPPY-SK.s.r.o, based Brezová 1146 / 65A, Viničné, Company Registration Number: 50189298.

I declare that I have been informed about the conditions for processing the personal data by operators in accordance with § 15 sec. 1, which are published on the website www.hruskaglass.com

Consent to the processing of personal data – marketing

Hereby I give my consent to the processing of my personal data within the extent of e-mail address under § 11 of Act No. 122/2013 Coll. on Protection of Personal Data as amended in the legislation, by HAPPY-SK.s.r.o, based Brezová 1146 / 65A, Viničné, Company Registration Number: 50189298

I declare that I have been informed about the conditions for processing the personal data by operators in accordance with § 15 sec. 1, which are published on the website www.hruskaglass.com.

  1. Withdrawal from the contract

10.1. The seller is entitled to withdraw from the contract because of sellout, unavailability of goods or the manufacturer, importer or supplier of the goods agreed in the contract cut production or undertake such major changes that prevented the implementation of all obligations of the seller arising from the purchase contract or for reasons of force majeure or if even with all effort that may be required of him fairly, is unable to deliver the goods to the customer within the period set in these Terms and Conditions or under the price, which is stated in the online shop. The seller is obliged to immediately inform the buyer and return to him already paid a deposit for the goods as agreed in the contract of sale within 14 days of the notification of withdrawal and transfer to it to the account designated by the buyer. The seller is entitled to withdraw from the contract also in the case that the buyer didn´t take over the goods within five working days from the date when he was is obliged to do so.

10.2. The buyer is entitled to withdraw from the contract without giving any reason under the conditions laid down by law No. 102/2014 Collection of Laws on Consumer protection in the sale of goods or services under a contract concluded at a distance contract or an off-premises of the seller and of changes and amendment of certain acts. (the “Consumer Protection Act on the sale of goods’) within 14 days from the date of delivery. The buyer has the right to unwrap and test the goods within that period in a similar way as usual when buying in a classic “brick and mortar” store. Testing doesn´t mean to begin to use the goods and return it to the seller after. Goods are deemed to be taken over by the buyer at the moment when the buyer or a third person other than the carrier takes over all of the goods ordered, or if:

– goods ordered by the buyer in one order and supplied separately, on receipt of goods that came as the last, or if

– supplies of goods consisting of multiple lots or pieces, the time of receipt of the last lot or piece, or if

– goods are delivered repeatedly for a settled period, on receipt of the goods delivered first.

10.3. The buyer confirms by sending the order to the seller, that the seller in due time and properly fulfilled its information obligations under § 3 sec. 1 of the Law on Consumer Protection Act on the sale of goods.

10.4. Buyer may exercise the right of withdrawal from the contract to the seller in paper form or in the form of minutes on another durable medium sent to the mailing address of the seller: Happy-SK.s.r.o, based Brezová 1146 / 65A, Viničné, :, Company Registration Number: 50189298

10.5. Withdrawal from the contract through a form of withdrawal according to the previous point of these General Terms and Conditions has to contain the information requested therein and particularly the precise specification of ordered goods, name and surname of the consumer/consumers, address of the consumer/ consumers, signature of the consumer/consumers the way in which the seller has to reimburse the consideration received particular account number and / or mailing address, date. The buyer is obligated by withdrawal from the contract to deliver to the seller the goods along with accessories, including documentation, manuals, warranty card, proof of payment and so on. and preferably in the original packaging and sending it to: Happy-SK s.r.o., based Brezová 1146 / 65A, Viničné, :, Company Registration Number: 50189298. If the buyer is sending back the goods to the buyer along with accessories, including documentation, manuals, warranty card, proof of payment and so on. (Hereinafter referred to as “goods”) by withdrawal from the contract, he can do so only through a service called “package to address” („Balík na adresu“). Goods sent to buyers through a service called “package in the mail” („Balík na poštu“) and shipments on delivery seller  does not accept. We recommend to insure the goods.

10.6. If the buyer withdraws from the contract, it shall be deleted from the beginning including any ancillary contract linked to the contract, from which the buyer has withdrew.

10.7. The buyer may withdraw from the contract, the subject of which is the delivery of goods, even before the commencement of the period of withdrawal. The period of withdrawal is maintained, if the buyer shall give notice of exercise of the right of withdrawal before the deadline for the withdrawal.

10.8. The seller returns back to the buyer after withdrawal from the contract all payments demonstrably paid in connection with the conclusion of the contract, in particular the purchase price including the cost of delivering the goods or he will proceed in accordance with section 6.7. of these General Terms and Conditions by sending a gift certificate to the buyer’s address. The seller is not obliged to pay the additional cost to the buyer if the buyer chose a different delivery method than the least expensive conventional method of service offered by the seller. Additional costs means the difference between the cost of delivery chosen by the buyer, and the cost of the cheapest current method of delivery offered by the seller. Payments will be refunded to the buyer within 14 days from the date when the buyer delivers to the seller a notification of withdrawal from the contract. Payment will be made in the same manner used for the payment of the buyer to the seller, if the buyer did not leave any other method of payment in the form of withdrawal, and without charging any additional fees.

10.9. The seller is not obliged to return all payments to the buyer in accordance with paragraph 10.8. of these General Terms and Conditions before the goods are delivered from the buyer or before the buyer proves the sending of the goods back to the seller. Payment for purchased goods will be in this case paid by the seller to the buyer only after receiving the returned goods back to the address specified in section 10.5. of these General Terms and Conditions or on submission of documentary proof of sending the goods back, whichever comes first.

10.10. If the buyer withdraws from the contract within the meaning of the section 10.2 of these General Terms and Conditions and the seller delivers goods which are used and damaged or incomplete or value of the goods is reduced as a result of such treatment of goods that are beyond treatment necessary to ascertain the characteristics and functioning of the goods, is the seller  entitled to receive from the buyer the compensation of damage to the value of goods in the cost of repair of the goods and bringing the goods to the original state, respectively, the seller has the right to require the reimbursement of diminished value of the goods from the consumer.

10.11. The buyer is obliged to sent back to the seller goods along with accessories, including documentation, manuals, warranty card, proof of payment and so on and preferably in the original packaging, within 14 days from the date of withdrawal from the contract.

10.12. With withdrawal from the contract, the buyer is also bearing the direct cost of returning goods to the seller or a person designated by the seller for delivery. The direct cost of returning the goods can not reasonably be calculated in advance. According to the available information, the projected estimated price of these costs, depending on the size, weight of the goods, the distance from where the return is carried out and the prices at which the buyer of the shipping company provides its services in the amount of 2, – EUR 300, – EUR.

10.13. With withdrawal from the contract, the buyer is also bearing the direct cost of returning goods, which by their nature can not be returned by post. The direct cost of returning the goods can not reasonably be calculated in advance. According to the available information, the projected estimated price of these costs, depending on the size, weight of the goods, the distance from where the return is carried out and the prices at which the buyer of the shipping company provides its services in the amount of 2, – EUR 300, – EUR.

10.14. In case that the buyer fails to fulfil any of the obligations set out in paragraphs 10.04 and 10.5. of these General Terms and Conditions, withdrawal from the contract is not valid and effective, and the seller is not obliged to return all payments to the buyer proven in accordance with paragraph 10.8 of these General Terms and Conditions and also the seller has the right for reimbursement of the costs associated with sending the goods back to the buyer.

10.15. The buyer has not right to withdraw from the contract which subject is sale of the goods made to the specific requirements of the consumer, custom orders or goods intended for one particular consumer.

10.16. When issuing a credit note by the buyer valid ID may be required for inspection in order to protect the property rights of the buyer. The buyer agrees to the processing of personal data within the meaning of the Act. No. 122/2013 Coll. on Protection of Personal Data as amended legislation by presenting the identification card for inspection to the seller.

  1. Online Dispute Resolution Platform

11.1. Buyer – Consumers are entitled to use an online dispute resolution platform (hereinafter referred to as “ODR”) to resolve their disputes in the language of their choice. Buyer – consumer can use for the alternative solution of their dispute the ODR platform, which is available on the website http://ec.europa.eu/consumers/odr/. Buyer – consumer will complete electronic complaint form while submitting the dispute to the ODR platform. Information submitted shall be sufficient to determine the appropriate alternative dispute resolution in online process. Buyer – Consumer can attach documents in order to support his complaint.

  1. Review of Products

12.1. The seller reserves the right to not publish reviews on products containing inappropriate language, are false information, not connected with the product, links to external sites or information which in any way harm the reputation of his company.

  1. Gift Vouchers (certificates)

13.1. Gift vouchers (certificates) issued by the seller may be applied to the purchase of goods on the website of e-commerce of the seller. Unless stated otherwise, gift vouchers can be used only to purchase goods, apply to services, postage costs and other charges.

13.2. The value of a gift voucher is given to each voucher as a sum including VAT, and voucher works like a discount on the total amount of ordered goods with VAT. Gift vouchers can be used only in the entire value in a single purchase, it is not possible to apply it in parts. Unpaid balance for the purchase of goods must be paid in the financial form, overpayment will not be refunded.

13.3. Gift voucher can not be exchanged for cash. In case that the buyer has the right to withdraw from the purchase contract for the purchase of goods which was paid to the buyer by the gift voucher, the buyer is entitled to refund the purchase price in the form of a gift voucher (by sending a gift voucher to the address specified by the buyer).

14-Final provisions

14.1. The seller reserves the right to change these General Terms and conditions. Obligation of written notice about changes in these General Terms and Conditions are met by placing it on the website of e-commerce of the seller.

14.2. If is the purchase contract concluded in writing, any changes of it must be done also in written form.

14.3. In case of doubt, the Parties agreed that for the period of use is considered to be the time from receipt of goods by the buyer (including the day of delivery) according to the section 5.7 of these General Terms and Conditions until the day of returning the goods to the seller, respectively upon delivery to the courier for the purposes of transport to the seller.

14.4. The Parties agree that communications between them will be carried out mainly in the form of e-mail messages, respectively through postal letters.

14.5. Relations which are not regulated by these General Terms and Conditions are subject to the relevant provisions of the Civil Code, Law No. 22/2004 Coll. on Electronic Commerce and on the amendment of Act no. 128/2002 Coll. on State Control of Internal Market in Consumer Protection Issues and on amendments to certain laws as amended by Act No. 284/2002 Coll. as amended, Act No. 250/2007 Coll. on Consumer Protection and the amendment of the Slovak National Council No. 372/1990 Coll. on Misdemeanours, as amended, and Act No. 102/20154 Coll. on Consumer Protection in the Sale of Goods or Services Under a Contract Concluded at a Distance Contract or an Off-premises Vendor and on amendments to certain laws.

14.6. These Terms and Conditions shall take effect on the buyer by sending the electronic order to the seller.

14.7. The buyer by sending the order to the seller agrees, that he read these General Terms and Conditions and fully agrees with them.

Part II. Terms and Conditions for Buyers who are not Consumers

  1. General Provisions

1.1. Following General Terms and Conditions (hereinafter referred to as the “general terms and conditions”) set the rights and obligations of the contracting parties when a contract is awarded or entered into between the seller HAPPY-SK, s.r.o, based Brezova 1146/65A,Vinicne, Company registration number: 50189298, registered in the Commercial Register District court Bratislava I, Section: Sro, File No: 109531/B Tax Identification Number: 2120213777 and Company Registration Number  VAT SK 2120213777 (hereinafter referred to as thes “seller”) and buyer – consumers which subject is the purchase and sale of goods on the website of online store of the seller.

Seller’s contact information:

E-mail: sales@hruskaglass.com Phone No.: +421 948 88 67 88

Postal address:

HAPPY-SK, s.r.o

Brezova 1146/65A

Vinicne, 90023

Bank transfer payments:

Tatrabanka: 2948019215/1100

IBAN: SK19 1100 0000 0029 4801 9215

BIC (SWIFT): TATRSKBX

Supervisor:

The Slovak Trade Inspection (SOI)

Inspectorate SOI for the Bratislava region

Prievozska 32, P.O. Box 5, 820 07 Bratislava 27

Department of technical control products and consumer protection

Phone No.: +421 (0)2/ 58272 172-3 Fax No.: +421 (0)2/ 58272 170

1.2 The buyer within the meaning of this section of Terms and Conditions means entrepreneur or persons who are not consumers (hereinafter referred to as “entrepreneur”).

1.3. Entrepreneurs for the purpose of these Terms and Conditions means a person registered in the Commercial Register; a person who does business under the trade license; a person who operates on the basis of other than trade license pursuant to special regulations; natural person engaged in agricultural production and which is registered  in the register under a special regulation..

1.4. The buyer as an entrepreneur while placing an order, has to state the business name, registered office (place of business), company registration number, Tax Identification Number (VAT), phone number and e-mail contact to a person acting on behalf of the entrepreneur.

1.5. Buyer – entrepreneur acknowledges that the terms of the guarantee as well as the procedure of the complaint stated in these Terms and Conditions Part II may be different than in Part I. Terms and Conditions for Consumers.

1.6. The Parties agree that the buyer by sending the order to the seller confirms that he agrees to these general terms and conditions and that the terms and conditions will apply to all sales contracts concluded on the website of electronic commerce, which is operated by the seller and under which the seller delivers the goods presented on the websites to the purchaser (the “purchase contract”) and is applied to all relations between the seller and the buyer arising in particular when concluding the contract and the complaint of the goods.

1.7. Terms and conditions are an integral part of the purchase contract. If the seller and the buyer enter into a written purchase contract in which they agree on terms and conditions which are different from these general terms and conditions, the provisions of the purchase contract gives precedence over the general business conditions.

1.8. Legal relations between the seller and the buyer, who is a entrepreneur, not expressly regulated by these General Terms and Conditions or a framework agreement between the seller and buyer are subject to the relevant provisions of the Commercial Code.

1.9. The list of goods on Ecommerce websites, operated by the seller, is a catalogue of commonly delivered goods and the seller does not guarantee the immediate availability of all the goods. Product availability will be confirmed by the seller upon the buyer’s request.

  1. The Process of Concluding the Purchase Contract

2.1. The purchase contract is concluded by binding acceptance of the seller´s proposal to conclude the purchase contract by the buyer, sent to the buyer by e-mail and / or by a buyer with completing and submitting the form on the seller’s website and / or a telephone order by buyer to the seller (the “Order “).

2.2. Binding acceptance of the byer´s order by the seller is the  e-mail confirmation sent by the seller to the buyer after the prior receipt of the order by the buyer, and after verifying the availability of goods, current prices and delivery date required by the buyer labelled as the “confirmation of order”. In the event of a higher price the seller has the obligation to request from the customer’s consent to the change prices according to the current price list before confirming the order. Just after the granting consent by the customer to the price change and subsequent confirmation (acceptance) order by the seller, the contractual relationship is not closed. All prices for goods and services and any charges in the ecommerce are quoted inclusive of VAT. Automatically executed notice of the order to the electronic system of the seller, which the buyer will receive on his e-mail address immediately after sending the order shall not be deemed as a binding acceptance of the order; this serve only for information purposes – as a notification to the buyer on receipt of the order. All further information regarding the order, if necessary, will be sent to the e-mail address of the buyer.

2.3. Binding acceptance of the order shall contain especially information about the name and specification of goods whose sale is subject to the purchase agreement, further details of the price of goods and / or other services, an indication of the delivery time of goods, the name and address of the place where the goods should be delivered and data price, conditions, methods and terms of goods transport to the agreed place of delivery of the goods to the buyer and  details of the seller (trade name, registered office, identification number, trade register, etc.)., or other data.

2.4. Buyers can deliver to the seller via e-mail or phone call within 24 hours of receipt of order to the seller notification that the order was cancelled. The buyer is obliged to notice the name, e-mail and a description of the ordered goods if he wants to cancel the order. In case of cancellation of order by the seller to the buyer does not charge any fees associated with the cancellation. If the buyer has paid the purchase price or part of it in time of the order cancellation, the seller has to reimburse the purchase price or part of it within 14 days from the cancellation of orders transfer to the bank account of the buyer, unless the parties agree a different way of returning the purchase prices.

2.5. According to the amendment of Act No. 222/2004 Coll, on Value Added Tax it is since 1.1 2013 not possible to change the data on already issued tax document (invoice). The data in the tax document (Invoice) can be changed only in cases where the customer has not yet accepted the goods and didn´t pay yet.

2.6. In the case of special offers is the sale of goods on the seller’s websites, except of these general terms and conditions, ruled by the binding terms and conditions of the relevant special offer. If the buyer orders in contradiction of the terms of the relevant special offer, the seller is entitled to cancel the order of the buyer. The customer will be informed about the cancellation of the order by e-mail and in case of payment of the purchase price or part of it, money will be returned within 14 days to the designated account, unless the seller agrees otherwise.

  1. Rights and Obligations of the Seller

3.1. The Seller is Obligated to:

– To deliver the goods under the order confirmed by the seller to the buyer in the agreed quantity, quality and time and pack the goods or arrange it for the transport in the way for its to preservation and protection

– Ensure that the delivered goods meet the applicable regulations of the Slovak Republic,

– To hand over to the buyer in written or electronic form all documents necessary for the acceptance and use of goods and other documents prescribed by applicable legislation (instructions in Slovak language, invoice) latest with the goods delivery.

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

3.3 The seller has the right to cancel the order in case of sell-out or unavailability of goods, if he is unable to deliver the goods to the buyer within the time limit set by these Terms and Conditions or under the price, which is quoted in the ecommerce, until the customer agrees to the compensation. The customer will be informed about the cancellation of the order by telephone or e-mail and in case of payment of the purchase price or part of it, money will be returned within 14 days to the designated account, unless the seller agrees otherwise.

3.4. In cases where the delivery of goods to buyers are pre-paid by card, bank transfer or by invoice with special due date, the  company HAPPY-SK, Ltd. reserves the right to verify the identity of the buyer, or persons authorized to receive the goods at the address of the company.

  1. Rights and Obligations of the Buyer

4.1. The Buyer is Obligated to:

– Accept the delivery of purchased or ordered goods

– Pay to the seller the agreed purchase price within the agreed due date, including costs of delivery of goods

– Not to harm the good business name of the seller,

– Confirm the delivery note receipt of the goods by the signature, or the signature of a authorized person

4.2 The buyer has the right to delivery of the goods in the quantity, quality, time and place agreed by the parties in binding acceptance of the order.

  1. Terms of Delivery and Payment

5.1 The product is sold according to the exposed designs, catalogues, standard sheets and samples placed on the website of the ecommerce of the seller.

5.2 The seller is obliged to meet the buyer’s order and deliver the goods to the buyer within 30 days of acceptance of the order by the seller; this delivery date should be accepted by the buyer without reservation.

5.3 The buyer is obliged to accept the goods at the place indicated on the confirmation of the order by the seller. If the buyer doesn´t collect the goods within five working days after the period stated in the contract without the prior written withdrawal from the contract, seller is entitled to claim compensation for the damages in the amount of actual costs of the unsuccessful delivery attempt of the order. After a period of five working days from the date when the buyer was obliged to take over the goods, the seller is entitled to withdraw from the contract and sell the goods to third parties.

5.4 The seller is entitled to ask the buyer to take over the goods before the deadline agreed in the contract.

5.5 Weight, size and other particulars of the goods contained in catalogues, brochures and other documents of the seller indicated by the manufacturer may differ from the real measures of ± 1% of that value.

5.6 Unless the parties agree otherwise in the contract, the place of delivery is the place indicated on the acceptance of the order by the seller.

5.7. If the seller delivers goods to the buyer at the place specified in the purchase contract, the buyer has to take over the delivery in person or to ensure that in case of his absence are the goods taken over by the authorized person stated in the purchase contract and he has to sign the protocol of delivery and handover of goods. Third person empowered to take over of goods specified in the contract is obligated to submit original or copy of the purchase contract and proof of payment of goods and written authorization to the seller. If it becomes necessary to repeat the supply of goods due to the absence of the buyer at the delivery place designated in the contract, all costs thus incurred shall be borne by the buyer, especially repeated delivery of goods to the destination stated in the contract. Goods are deemed to be taken within the meaning of an article 10.2 of  these general business conditions.

 

5.8. The buyer is obliged to check the shipment that means the goods and their packaging immediately upon delivery. If the buyer finds that the goods or packaging of a product is mechanically damaged, he has to notify that to the carrier and check the state of goods in his presence. In the event of damage of the goods at the buyer’s receipt, he has to upon receipt of the goods to make a record of the extent and nature of damage to the goods (claims record entry) immediately, correctness of which is confirmed by the carrier. Based on this record delivered to the seller may the seller, after the conclusion of the damage event with the carrier, provide the shortage of goods, discounts on goods and in case of unrecoverable damages of the goods, to deliver to the buyer new goods.

5.9. When the goods are shipped by the Slovak Post and if the packaging is unpacked, damaged or there are less goods in the package, we recommend to not accept the consignment, or deal directly with the shipping company worker, or a worker at the counter of the post in place of the damage report. In case that the packaging is unpacked, damaged or there are less goods in the package we ask to report the event within 24 hours from take-over of the goods at any branch of the Slovak Post. To draw up the record of the damage it is necessary to have the damaged product, packaging and shipment proof of receipt of the shipment, acquisition costs – invoice. One can find the nearest branch of the Slovak Post on: otvaraciehodiny.posta.sk. You can inform us about the drawing up the record of the damage on our e-mail: sales@hruskaglass.com

5.10. Complaints about the mechanical damage of the goods that were not apparent at the receipt of the goods must be applied immediately after the receipt of the shipment, at the latest within 24 hours of receipt of goods. It is the customer’s responsibility to prove that mechanical failure was not possible to prove/discover even after careful sightings of the shipment and its packaging in accordance with paragraph 5.8. Claims of defects of the goods discovered later will be accepted only if the customer proves that the claimed goods had defects at the time of receipt by the carrier. Before the first use, the buyer is obliged to study the warranty conditions including Slovak / Czech (for foreign English) instructions for use and follow up these instructions.

5.11. Customer is obligated to check the completeness of the package by the takeover of the goods (personal and impersonal). When the buyer courier must draw up a claims record enrolment in place of incomplete package. At personal collection, the buyer is obliged to check the contents of the package immediately, additional claims will not be accepted.

5.12. The buyer is entitled to withdraw from the contract in the event of non-delivery by the seller within the period specified in the terms 5.3. of the Terms and Conditions and the seller is obliged to refund to the buyer full amount or a part of the purchase price that he has paid within the meaning of section 9.8 of these General terms and Conditions.

5.13. The buyer will receive for each shipment the Invoice by e-mail or in the package. The delivery of warranty card, if necessary, will be delivered with the shipment (in the package).

5.14. Payment methods: Cash on receipt of the goods at the company headquarters, by credit card over the Internet, payment on delivery (charged 1.2 EUR), payment on account, payment through the payment gateway Paypal.

5.15. Prepayment by the bank transfer: If you choose the traditional payment by the bank transfer, we will send you instructions to remit the payment within 24 hours by e-mail. After the payment is credited to our account, you will receive on the same e-mail the Invoice. This operation is performed manually on the following working day. When paying in advance by the bank transfer, the delivery date may be affected by the date of  the payment. It is necessary that the amount is credited to our account within five working days after the order confirmation, otherwise it will be regarded as cancelled order. In case of personal collection  of the goods, it is necessary to show the document of identity (ID card, passport).

5.16. Payment by the credit card via the internet: By payment of the order by credit card through the Internet, the payment is done through the  gateway of Tatra banka a.s. after completion of the transaction. After the payment is credited to our account, you will receive on the same e-mail the Invoice. This operation is performed manually on the following working day.

  1. Purchase Price

6.1. The buyer is obligated to pay to the seller the purchase price of goods agreed in the contract and / or the price list r applicable at the time of conclusion of the purchase agreement, including the costs of delivery of goods (the “purchase price”) by cash payment at the headquarters of the seller, cash on delivery at the place of delivery ( charged 1.2 EUR), by cash on delivery through the company providing  postal or courier service (charged 1.2 EUR) or by the bank transfer to the seller’s account, given in a binding acceptance of the order.

6.2. If the buyer pays the purchase price by the wire transfer, payment date is the date when the full purchase price is credited to the seller´s account.

6.3 The buyer must pay to the seller the agreed purchase price for the goods within the period under the purchase agreement, but not later than on receipt of goods.

6.4 If the buyer pays the purchase price for the goods agreed in the purchase agreement, the buyer is entitled to withdraw from the contract and demand the return of the purchase price only in accordance with applicable laws of the Slovak Republic.

6.5. All special offers are valid while supplies last, unless otherwise indicated for the special product.

6.6. In the case that the purchase price for the returned or defective goods and goods for which there was made the withdrawal from the contract, was paid by the buyer in the form of gift certificates, or in combination with payment, the seller refunds the purchase price to the buyer in the same form as it was paid by the buyer. The value of gift certificates returned to the buyer must not be higher than the value of the gift certificates paid by the buyer when buying goods. If it was not possible to return the gift certificates for objective reasons, mainly because the seller does not have the gift certificates in the required amount, the seller provides the buyer with financial compensation.

  1. The Acquisition of Goods and Transfer of Risk of Damage to Goods

7.1. The buyer acquires title to the goods after the full payment of the full purchase price for the goods.

7.2 Risk of damage to the goods passes to the buyer when he takes over the goods from the seller or when he didn´t do so on time, than  at a time when the seller enable the buyer to handle the goods and the buyer doesn´t take over the goods.

 

  1. Complaints Procedure (Liability for Errors, Warranty, Complaints)

8.1. The seller is responsible for defects of the goods. A buyer who is an entrepreneur is obliged to immediately apply the claim – primarily directly to a service centre. The current list of service centres is provided by the staff of complaints department. Where it is not possible to provide the repair this way, the repair will be arranged by the seller.

8.2 The handling of complaints is covered by a valid Complaints Procedure, in those parts concerning entrepreneurs, published on the website of the seller: www.hruskaglass.com. Should be the provisions of the Complaints Procedure, published on the website of the seller www.hruskaglass.com contrary to the provisions of the Complaints Procedure in accordance with these Terms and Conditions for entrepreneur, the provisions under these Terms and Conditions for entrepreneurs will be applied during the Complaints Procedure. Before sending the order to the seller, buyer confirms that he read the Complaints Procedure and fully agree with it and also confirms that he has been duly informed about the conditions and how to claim the goods, including information about where a complaint can be applied and carrying out warranty repairs, by clicking on the corresponding box.

8.3. Complaints procedure is applied to goods purchased by the buyer from the seller in the form of e-commerce websites of the e-commerce of the seller.

8.4. Complaints procedure is valid for all business cases in this form, unless is contractually agreed other warranty.

8.5. The buyer has the right to claim from the seller guarantee only to goods which are subject to error caused by the manufacturer, supplier or seller, which is covered by warranty and was purchased from the seller.

8.6. The buyer is obliged to examine the goods on receipt of goods. If he doesn´t do so, he can claim the defects found during the inspection, but only if he prove that these goods had defects at the time of delivery.

8.7. During the warranty period the customer has the right to request the removal of defects after presenting the goods to the seller or his authorized representative, including accessories, documentation, the warranty certificate and, if supplied by the producer also with proof of the payment.

8.8. If the product has defects, the customer is entitled to claim it in the first instance directly to a service centre. The current list of service centres will be provides by staff of complaints department. Where it is not possible to provide the correction in this way, the repair will be arranged by the seller. In this case, the customer applies the complaint at the premises of the seller and will do so by delivering the goods to the seller at the address of the seat and by completing the application form for complaints and deliver it to the seller. The form of the claim report is determined by the seller and the pattern is placed on the website of the seller. The buyer is obliged to form a precise description of the nature and extent of the defects of the goods. Complaint procedure of the goods that can be objectively delivered to the seller begins on the day when all the following conditions are met:

– delivery of the completed form to the claim from the buyer to the seller,

– delivery of the claimed goods from the buyer to the seller,

– delivery of the service access codes, passwords and so one to the goods from the buyer to the seller.

The seller advises to the buyer to insure the shipment of goods. The seller doesn´t accept the goods sent by the service “cash on delivery”.

Beginning of the complaint procedure is also the date of the application of the claim. Complained goods must be delivered to the seat of the seller unless the seller or designee determines otherwise (eg. To deliver the goods directly to a designated person). For any questions please contact the company HAPPY-SK, s.r.o, phone number +421 948 88 67 88 or e-mail sales@hruskaglass.com.

8.9. The buyer is obliged to claim defects of the goods at the seller without delay, otherwise the buyer loses the right to the seller to remedy the error free of charge.

8.10. Handling of the complaint of the buyer who is an entrepreneur is not covered by the 30-day period within the meaning of the Consumer Protection Act. The period for handling of the claim for entrepreneurs is not regulated by the law, however, our company undertake to handle complaints of entrepreneurs within the meaning of these Terms and Conditions within 60 days.

8.11. The buyer has no right to warranty for defects of which the seller at the time of concluding the contract notice or which in the light of the circumstances under which the purchase contract is concluded, must have known.

8.12. The seller may always replace the defective thing for a faultless instead of removing defects, if it does not cause serious problems to the buyer.

8.13. The claim by the seller to the buyer lapses:

– failure to report evident errors/damages on the goods by reception of the goods

–  if the warranty period of the goods is expired,

– if the mechanical damage of goods is caused by the buyer

– improper/inexpert handling, operating or failure to care for goods,

– damage to the goods because of excessive loading or use contrary to the conditions specified in the documentation, the general principles, technical standards and safety regulations valid in the Slovak Republic

– damage to the goods by unavoidable and / or unforeseeable events

– damage to the goods by accidental destruction and accidental deterioration

8.14. The warranty does not cover damage caused by normal wear and tear (or its parts) caused by its use. Shorter product life can not therefore be considered as a fault and so can not issue of complain.

8.15. If the goods on receipt by the buyer is not in conformity with the contract (ie. Conflict with the contract), the buyer has the right to the seller to bring the goods to the state corresponding with the purchase contract, according to the buyer’s requirements either exchange goods or repair it free of charge and without undue delay. If such a procedure is not possible to apply, the buyer may request a reasonable discount on the price of goods or cancel the contract and do so:

– to bring the goods to the state corresponding with the purchase contract by repairs free of charge

– proportionate reduction of the purchase price

– alternate supply of goods

– withdraw from the contract

8.16. The seller is obliged to settle the complaint and terminated the complaint procedure in the following ways:

– handing over the repaired goods,

– exchange of goods,

– refund the purchase price,

– payment of an appropriate discount from the price of goods,

– written notice about the acceptance of a particular performance by the seller,

– reasons for refusal to claim the goods.

8.17. The warranty period is 12 months (unless determined for specific cases other warranty period) and shall run from the date of receipt of the goods by the buyer. The warranty period is governed by the manufacturer’s warranty terms in accordance with the relevant conditions under the Commercial Code (§429 et seq.). For selected products is the manufacturer warranty for buyers limited.

8.18. The warranty period stated in the catalogue of products published on the website www.hruskaglass.com is published in accordance with the Civil Code and is not affiliated to entrepreneurs and is not applicable on these general terms and conditions.

8.19. The warranty period shall be extended by a period during which the buyer couldn´t use the goods due to the warranty repair of the goods.

8.20. In the case of exchange of goods for new, the buyer receives a document stating the type of traded goods, and any other complaints shall apply to the original delivery note of the goods and this complaint document. In the case of exchange of goods for new, the warranty period shall begin to run again from the receipt of new products, but only to new goods.

8.21. First, the buyer may require from the seller the free repair or free replacement and supply of buyers goods. The buyer has the right to exchange goods only in cases if it is in proportion with the nature of the defects. The authorized service centre decides in the form of a written assessment of the defect whether the defect is proportional. Based on this decision will be the claim further proceed according to law.

8.22. All warranty repairs are free of charge, if the right to claim didn´t expire in accordance with paragraph 8.13 of these general terms and conditions

8.23. If the defect could be removed, the goods will be repaired. If it is not possible to repair the goods and nature of the defect does not hinder the normal use, the seller and the buyer can agree to a reasonable discount on the price of the goods. In the case of a discount, the defect can not be claimed later.

8.24. If it is not possible to remove the defects and which prevent the goods to be properly used as without mistakes, the seller is entitled to exchange the defective goods for goods with the same or similar performance or issue a credit note.

8.25. If the contract is substantially violated by the delivery of defective goods, the buyer can:

  1. a) require the removal of defects by replacement goods for the defective goods, delivery of missing goods and to require the removal of legal defects,
  2. b ) required to repair the defective goods if the defects are repairable,
  3. c) to require a reasonable discount from the purchase price or cancel the contract.

8.26. The choice between the rights referred in point 8.25 include the buyer only if it is notified to the seller in a timely manner by sending notice of defects or without undue delay after notification. Applying the above mentioned right by the buyer may not be changed without the consent of the seller. If, however, it indicates that defects in the goods are not repairable, or that their repair would involve unreasonable costs, the buyer may require delivery of substitute goods, if he requests so to the seller without delay, after the seller informed him about the situation. If the seller does not remove the defects of the goods within a reasonable additional period of time or if announced before the deadline expires, that he does not remove the defects, the buyer may cancel the contract or request a reasonable discount from the purchase price.

8.27. If the buyer fails to notify the choice of his claim within the period specified in paragraph 8.26. his rights in the case of defective goods are considered the same as by violation the contract.

8.28. If the delivery of defective goods breached the contract insignificant way, the buyer may require either delivery of missing goods and the removal of other defects of goods or discount on the purchase price.

8.29. As long as the buyer does not claim any discount on the purchase price or withdraws from the contract, the seller is obliged to deliver the missing goods and to eliminate legal defects of the goods. Other defects must be removed by his choice by repairing the goods or by supplying of equivalent goods; the chosen method to remove the defects may not cause undue expense to the buyer.

8.30. If the buyer requests removal of defects of goods, he can not do so before the expiry of an additional reasonable period which is required to provide it by the seller, to exercise other claims of defective goods, in addition to a claim for damages and contractual penalty, unless the seller notifies the buyer that he fails to fulfil its obligations during this period. This period shall be determined in accordance with paragraph 8.10. of these Terms and Conditions for Entrepreneurs.

8.31. As long as the buyer does not specify a time limit in accordance with paragraph 8.26. or apply a deduction from the purchase price, the seller will inform the buyer that he will remove the defects within a certain period. If the buyer after he receives these information from the seller doesn´t notifies him immediately about his disagreement, that notification has the effect of determining the period mentioned in paragraph 8.26.

8.32. If the seller does not remove the defects of the goods within the period resulting from points 8.26. or 8.27., the buyer can claim a discount on the purchase price or withdraw from the contract, if he informs the seller about the intention to withdraw from the contract at a specified time limit under section 8.26 or within a reasonable time before withdrawal. Selected eligible right may not be changed by the buyer without the consent of the seller.

8.33. For the purposes of these Terms and Conditions is a breach of the contract essential if the party in breach knew, at the time when the contract is concluded or at the time it was reasonable to anticipate with regard to the contract, which resulted from its content or the circumstances in which the contract was concluded that the other party will not be interested to perform its obligations under the breach of contract. When in doubt, it is assumed that a breach of contract is not essential.

8.34. The complaint could be applied only to the defects mentioned in the form for complaints.

8.35. Authorization of the buyer to complain the defects on the goods is after he exercised his right and asked the seller to remove the defects of the goods in accordance with these Complaints Procedure and Terms and Conditions, used up, and regardless to the outcome of the complaint has has no right entitled to apply a claim repeatedly to the same unique defect (not a mistake of the same kind).

8.36. If the seller terminates the complaint procedure as justified rejection of the claim, but the fault of the product objectively exists and has not been removed, the buyer can exercise his right to eliminate defects of goods through the court.

8.37. Documents necessary for receipt of the claim of goods on a branch in the case if the goods were purchased by the entrepreneur, the VAT registered company:

Products ordered for the personal collection can be only assumed by the executive of the company or a person authorized by him.

If the company employee arrives to take over the goods, he would need the authorization of the executive of the company with mention of the ID card of the employee.

 

To verify the executive of the company or a person authorized by him, they need to prove the identity by a valid ID card and statement from the Business Register, respectively form the Trade Register in order to prevent a case of mistaken identity by taking over the goods.

  1. Withdrawal from the Contract

9.1. The seller is entitled to withdraw from the contract because of sellout, unavailability of goods or the manufacturer, importer or supplier of the goods agreed in the contract cut production or undertake such major changes that prevented the implementation of all obligations of the seller arising from the purchase contract or for reasons of force majeure or if even with all effort that may be required of him fairly, is unable to deliver the goods to the customer within the period set in these Terms and Conditions or under the price, which is stated in the online shop. The seller is obliged to immediately inform the buyer and return to him already paid a deposit for the goods as agreed in the contract of sale within 14 days of the notification of withdrawal and transfer to it to the account designated by the buyer. The seller is entitled to withdraw from the contract also in the case that the buyer didn´t take over the goods within five working days from the date when he was is obliged to do so.

9.2. A buyer who is an entrepreneur has the opportunity to withdraw from the contract within 14 day period without giving a reason if the goods are unpacked and undamaged. Declared state “wrapped and undamaged” will be assessed by the seller and according to these assessment the buyer decides about the withdrawal from the contract.

9.3. To the buyer who is an entrepreneur could be offered alternative withdrawal from the contract, depending on the condition of returned goods, guarantee for lost and the price of the returned goods. State of the goods will be assessed by the seller. In case of disagreement in terms acceptable by both parties the goods will be returned at the expense of the seller back. The seller is entitled to charge the buyer any additional costs incurred. Seller reserves the right to not allowing the withdrawal, due to the nature of the product and its condition at the time of returning.

9.4. The buyer exercises his right of withdrawal by the seller in writing.

9.5. The buyer is obligated by withdrawal from the contract to deliver to the seller the goods along with accessories, including documentation, manuals, warranty card, proof of payment and so on. and preferably in the original packaging and sending it to: Happy-SK s.r.o., based Brezová 1146 / 65A, Viničné. If the buyer is sending back the goods to the buyer along with accessories, including documentation, manuals, warranty card, proof of payment and so on. (Hereinafter referred to as “goods”) by withdrawal from the contract, he can do so only through a service called “package to address” („Balík na adresu“). Goods sent to buyers through a service called “package in the mail” („Balík na poštu“) and shipments on delivery seller  does not accept. We recommend to insure the goods.

9.6. If the buyer withdraws from the contract, it shall be deleted from the beginning including any ancillary contract linked to the contract, from which the buyer has withdrew.

9.7. The buyer may withdraw from the contract, the subject of which is the delivery of goods, even before the commencement of the period of withdrawal. The period of withdrawal is maintained, if the buyer shall give notice of exercise of the right of withdrawal before the deadline for the withdrawal.

9.8. After withdrawal from the contract the seller will give back to the buyer the purchase price or part it, which the buyer demonstrably paid in connection with the contract, or it will be proceed in accordance with section 6.7. of these General Terms and Conditions by sending a gift certificate to the buyer’s address. The purchase price will be refunded to the buyer upon receipt of the goods from the buyer. Refund of the purchase price or its part by the seller will be made by a payment to the purchaser’s bank account or postal order to the address of the buyer.

9.9. The seller is not obliged to refund the buyer the purchase price or any part it, in accordance with paragraph 9.8 of these General Terms and Conditions before the goods are delivered to him from the buyer. Payment for purchased goods will therefore be paid by the seller to the buyer only after receiving the returned goods back to the address stated in point 9.5. of these General Terms and Conditions.

9.10. The buyer is in case of withdrawal from the contract obliged to deliver goods back to the seller along with accessories, including documentation, manuals, warranty card, proof of payment and so one and in the original packaging, within 14 days from concluding the purchase contract. For valid withdrawal must therefore be the goods received by the seller within the 14 day period from concluding the purchase contract, not merely sent on transport, otherwise the withdrawal is considered invalid.

9.11. In case that the buyer fails to fulfil any of the obligations set out in paragraphs 9.4 and 9.5 of these General Terms and Conditions, withdrawal from the contract is not valid and effective, and the seller is not obliged to return all payments to the buyer proven in accordance with paragraph 9.8 of these General Terms and Conditions and also the seller has the right for reimbursement of the costs associated with sending the goods back to the buyer.

9.12. The buyer has not right to withdraw from the contract which subject is sale of the goods made to the specific requirements of the consumer, custom orders or goods intended for one particular consumer.

9.13. When issuing a credit note by the buyer valid ID may be required for inspection in order to protect the property rights of the buyer.

  1. Review of Products

12.1. The seller reserves the right to not publish reviews on products containing inappropriate language, are false information, not connected with the product, links to external sites or information which in any way harm the reputation of his company.

  1. Gift Vouchers (Certificates)

11.1. Gift vouchers (certificates) issued by the seller may be applied to the purchase of goods on the website of e-commerce of the seller. Unless stated otherwise, gift vouchers can be used only to purchase goods, apply to services, postage costs and other charges.

11.2. The value of a gift voucher is given to each voucher as a sum including VAT, and voucher works like a discount on the total amount of ordered goods with VAT. Gift vouchers can be used only in the entire value in a single purchase, it is not possible to apply it in parts. Unpaid balance for the purchase of goods must be paid in the financial form, overpayment will not be refunded.

11.3. Gift voucher can not be exchanged for cash. In case that the buyer has the right to withdraw from the purchase contract for the purchase of goods which was paid to the buyer by the gift voucher, the buyer is entitled to refund the purchase price in the form of a gift voucher (by sending a gift voucher to the address specified by the buyer).

  1. Final Provisions

13.1. The seller reserves the right to change these General Terms and conditions. Obligation of written notice about changes in these General Terms and Conditions are met by placing it on the website of e-commerce of the seller.

13.2. If is the purchase contract concluded in writing, any changes of it must be done also in written form.

13.3. In case of doubt, the Parties agreed that for the period of use is considered to be the time from receipt of goods by the buyer (including the day of delivery) according to the section 5.7 of these General Terms and Conditions until the day of returning the goods to the seller, respectively upon delivery to the courier for the purposes of transport to the seller.

13.4. The Parties agree that communications between them will be carried out mainly in the form of e-mail messages, respectively through postal letters.

13.5. Relations which are not regulated by these General Terms and Conditions are subject to the relevant provisions of the Commercial Code.

13.6. These Terms and Conditions shall take effect on the buyer by sending the electronic order to the seller.

13.7. The buyer by sending the order to the seller agrees, that he read these General Terms and Conditions and fully agrees with them.

In Viničné,  11. 05. 2016.