Business Terms and Conditions
These general business terms and conditions have been formulated and laid down in good faith to comply with legal conditions and legislation for fair business relations between the Seller and the Consumer.
I. Introductory provisions and definitions of terms
1.1. These Business Terms and Conditions (hereinafter the “BTC”) regulate any legal relations between the trading company Spinergo s.r.o. with its registered office at Plzenská 2, 080 01 Prešov, ID no.: 44 933 151 (hereinafter the “Seller“), and the Buyer (hereinafter the “Consumer“), as well as any legal relations arising out of and in relation to actions leading to the conclusion of a distance contract between the Seller and the Buyer.
1.2. The distance contract is a contract concluded between the Seller and the Consumer for a retail sale by mail order, exclusively via communication means, such as an addressed letter, addressed printed matter, non-addressed printed matter, mail-order catalogue, advertisements in the press via an order form, telephone, electronic mail or an electronic form specified at www.spinergo.sk. These means of communication as specified in this clause are a proposal made by the Seller to the Buyer for conclusion of the contract.
1.3. The Seller shall contact by telephone each Buyer who has expressed an interest in accepting the proposal. For each acceptance of the proposal the Consumer must give their name and surname, postal and invoicing address, telephone number, e-mail; natural and legal persons shall also give their organization identification number and tax numbers (IČO, DIČ, IČ DPH), the name of the goods (hereinafter also the “Product”), a description of the goods, the number of pieces, and the issuance date of acceptance. These details shall only be used under Act no. 122/2013 Coll. on Personal Data Protection within the framework of the trade relation between the Seller and the Consumer and shall not be revealed to a third party (except a person providing the transport of goods).
1.4. The contract between the Seller and the Buyer shall be concluded by effective acceptance of the proposal, subject to clause 1.3.in the process the Seller shall verify the order (hereinafter the “Acceptance”) and a mode of transport and shall notify regarding the possible delivery period or delivery date, the final price and payment method.
II. Price and payment terms.
2.1. The total price consists of the price of goods and transport cost.
2.2. The price of goods is specified in the price list of the Seller, which is included in the proposal for concluding the contract. The prices listed in the price list may be subject to changes in relation to changes in the prices of manufacturers, importers, etc. The valid price of goods shall always be announced when contacting the Buyer by telephone.
2.3. The Consumer shall pay the price of goods in cash, by COD, bank transfer or by depositing the amount into the bank account of the Seller.
2.4. Upon receipt of goods the Consumer shall pay the transport cost or the cost of mail the COD.
III. Mode of transport and delivery periods
3.1. The Consumer may choose the mode of transport of goods, particularly by his own means, the Seller’s transport (EUR/km) or by courier (forwarding service).
3.2. The transport cost is set according to the price list of the forwarding company. The Consumer will always be notified of the amount of transport costs when verifying the order, or the Seller will recommend a cheaper variant for transport to the Consumer.
3.3. Delivery periods are different for different kinds of goods. The Consumer shall always be notified of the delivery date of goods when confirming acceptance by telephone. In general, the date of delivery or receipt of goods is from 7 to 30 days from the date of verifying acceptance.
3.4. In exceptional circumstances, when some kinds of goods are not in stock, the delivery period may be longer. The Seller will always notify the Consumer of the extension of time by telephone.
IV. Takeover of goods by the Consumer
4.1. The Consumer undertakes to take over goods within the agreed date at the address specified in the order (in the acceptance letter).
4.2. When taking over the goods the Consumer is obliged to check the physical integrity and completeness of the package. If the package is visibly damaged or destroyed, the Consumer is obliged, without taking over the package, to contact the Seller immediately and together with the forwarding company write a “Damaged Package Report”. Any later complaints about the amount and physical damage to the product will not be accepted.
4.3. The Consumer shall acquire title to Products after paying the full price and other financial amounts agreed in the sales distance contract to the Seller’s account. Until the transfer of the title from the Seller to the Consumer who holds the Product, the Consumer shall have all the obligations of the holder and is obliged to safely store the goods at his own expense and label them in such a way that in any circumstances they are identified as goods of the Seller.
4.4. The Seller is authorised to require the fulfilment of the buyer’s obligations, especially to pay the price for the Product and service, notwithstanding the fact that title to the Product and service has not been transferred to the Consumer.
4.5. The risk of damaging Products shall pass to the Consumer at the moment the Consumer or their authorised representative takes them over.
V. Termination of the contract
5.1. The Consumer is authorised to terminate the contract without giving any reason within 7 work days from the takeover date of goods. The termination of the contract must be carried out in writing, must include any details necessary for identification of goods, of the Consumer and of the Seller and must be delivered within the aforementioned period together with the Product to the registered office of the Seller at the expense of and under the responsibility of the Consumer. Any costs of returning the Product are borne by the Consumer.
5.2. The Product must be undamaged and together with goods the Consumer must also return any documents relating to the goods (operation manual, guarantee statement, document of acquisition, etc.) that he received upon its purchase. The Consumer agrees and takes note that in this case “in writing” means a letter of termination of the sales contract signed by the Consumer. The Product shall not be returned COD. If the Product is sent COD it shall not be taken accepted and shall be returned.
5.3. When the aforementioned obligations of the Consumer are met, the Seller shall take over the goods and within 15 days from the date of termination shall refund the price paid for goods or the advance payment that the Consumer paid for the goods to the Consumer by the method agreed on in advance.
5.4. The Seller is entitled to terminate the contract or its part if:
1. a) the product is not produced or has been discontinued,
2. b) the supplier’s price of the Product has changed,
3. c) the listed price of the Product was wrong.
5.5. The Seller shall notify the Buyer regarding termination of the contract by telephone.
VI. Warranty and service
6.1. Specific warranty and service terms are specified in the relevant guarantee statements of selected goods that the Consumer shall receive when purchasing them.
6.2. In general, unless it is specified otherwise in the guarantee statements, the warranty period is at least 24 months. Complaints may only be filed about a Product bought from and paid to the Seller. When filing a complaint the Consumer is obliged to return the subject Product clean, mechanically undamaged, in the original packaging and including manuals, the guarantee statement, invoice or another document on payment for the Product to the Seller. When filing a complaint the Consumer shall follow the instructions specified in the guarantee statement.
6.3. There is no cause for complaint if a defect has been caused by mechanical damage to the product, operation under unsuitable conditions, unprofessional installation or non-compliance with relevant standards on the side of the Consumer or a person who carried out installation on behalf of the Consumer, or if there was an interference with the Product by unauthorised person. The warranty does not include any defects caused by natural disasters or incorrect operation/handling.
6.4. When filing a complaint it is recommended that the Consumer notify the Seller by telephone that the relevant Product has a defect and in what way the defect appeared. Based on this information the Consumer will be advised regarding the further procedure to handle the complaint.
VII. Final provisions.
7.1. The Consumer declares that before accepting the proposal he has become familiar with these business terms and complaint procedures and that he agrees with them. The business terms form an integral part of the distance contract between the Seller and the Buyer.
7.2. Notwithstanding any other provisions of this contract, the Seller shall not be liable to the Consumer for loss of profit, loss of opportunities or any other indirect or subsequent losses as a result of negligence, breach of contract or those caused in any other way.
7.3. If any provisions of these terms become wholly or partly invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected, and the remaining parts of the relevant provision shall not be affected.
7.4. The Seller and the Consumer have agreed that they fully recognize distance communication – telephone, fax (including an order manually completed), electronic form of communication, especially via e-mail and the internet – as effective and binding for both parties.
7.5. The rights of the Consumer in relation to the Seller arising from Act no. 634/1992 Coll. on Consumer Protection, as amended and Act no. 108/2000 Coll. on Consumer Protection in Doorstep Selling and Distance Selling, as amended, shall remain unaffected by these terms. Any legal relations and conditions not expressly governed herein or any disputes arising out of non-compliance with these terms are governed by relevant provisions of Act no. 40/1964 Coll. Civil Code.
7.6. These business terms shall come into full force and effect as of the date when they are published on the website www.spinergo.sk and they fully replace any previous business terms.