General provisions 1. These terms and conditions apply to the sale and purchase of goods via the www.chacrys.com online store or other available means of distance communication.
2. These Business Terms and Conditions govern the rights and obligations of the parties resulting from the conclusion of a distance purchase agreement between the seller and the buyer, the subject of which is the sale and purchase of goods through the internet store www.chacrys.com.
3. These Business Terms and Conditions are an integral part of the purchase contract specified in Art. I ods. 1 of these Terms and Conditions. In the event that the seller and the buyer enter into a written purchase agreement in which they agree terms different from the general business terms, the provisions of the purchase agreement will be prior to these general terms and conditions.
4. The subject of these Business Terms and Conditions is to define the rights and obligations of the parties resulting from the purchase contract and to provide information in accordance with § 3 par. 1 of Act no. 102/2014 Z. z. on the protection of the consumer in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller, and the amendment of certain laws as amended and other relevant legislation.
5. These business conditions shall be drawn up in accordance with:
• Act no. 40/1964 Coll. The Civil Code, as amended,
• Act no. 250/2007 Coll. on consumer protection as amended by later legislation,
• Act no. 102/2014 Z. z. on the protection of the consumer in respect of the sale of goods or the provision of services on the basis of a distance or off-premises contract
of the Seller and on the amendment and supplementation of certain laws, as amended,
• Act no. 22/2004 Coll. on electronic commerce and amending Act no. 128/2002 Coll.
on state control of the internal market in consumer protection matters and on the amendment of some
laws, as amended by Act No. 284/2002 Coll. as amended by later legislation and other relevant legislation.
6. These business terms are displayed on the www.chacrys.com web site and are thus enabled to be archived and reproduced by buyers.
7. By sending the order, the Buyer confirms that he has been thoroughly acquainted with the business conditions,
their content and understood without any reservations.
8. The parties may agree to change these before concluding the purchase agreement
trade conditions, thereby guaranteeing the equality of the parties. Article II.
Definitions 1. The seller is the Operator of the Internet shop www.chacrys.com:
Business name: Chacrys s. r.o.
reg .: Business register of the Nitra, Sro, vl. č.40893 / N
Registered office: Svätojánska 3060/14 Komárno 945 01
Company reg.no.: 50337254
Tax ID: 2120290315
Phone .: +421 0908 480 728
2. Buyer is a natural or legal person who buys products or uses services, either as a consumer or entrepreneur.
3. The buyer of a consumer is, within the meaning of Article 2 a) Act. no. 250/2007 Coll. on Consumer Protection, as amended (hereinafter referred to as the Consumer Protection Act), a natural person who, when concluding and fulfilling a consumer contract, does not carry out his business, employment or occupation.
4. A consumer contract is any contract, irrespective of the legal form concluded by the supplier with the consumer.
5. A distance contract is a contract between the seller and the consumer agreed and concluded exclusively by one or more means of remote communication without the simultaneous physical presence of the seller and the consumer, in particular through the use of a web site, electronic mail, telephone, fax, address book or tender catalog.
6. Legal relationships between seller and buyer of consumers not expressly regulated by these terms and conditions are governed by the relevant provisions of Act. no. 40/1964 Coll. The Civil Code as amended (hereinafter referred to as “Civil Law”), the Consumer Protection Act, Act no. 102/2014 Z. z. on the protection of the consumer in the sale of goods or the provision of services on the basis of a distance contract or contract concluded outside the premises of the seller and on the amendment and supplement of certain laws as amended by later legislation and other related regulations.
7. Under the terms of Article 2 2 Zák. no. 513/1991 Coll. Commercial Code as amended (hereinafter referred to as “Civil Law”):
a) the person registered in the Commercial Register,
(b) a person who, on the basis of a trade license,
c) a person who does business on a basis other than a trade license under special regulations,
d) a natural person who performs agricultural production and is registered in a special regulation.
7. The supervisory authority shall be:
SOI Inspectorate for the Nitriansky Region
PO BOX 49A, Staničná 9, 950 50 Nitra 1
Department of Supervision
tel. No .: 037/7720 001
fax no .: 037/7720 024 Article III.
Closing a purchase contract 1. The list of merchandise at www.chacrys.com is a catalog of commonly supplied goods, and the seller does not guarantee their immediate availability. The availability of the goods will be confirmed to the buyer based on the buyer’s question.
2. The goods offered by the seller can be ordered through one of the following means of distance communication:
2.1 Order via e-shop
When buying through an online store, the buyer selects the goods based on the current offer and confirms it by clicking on the “In Cart” icon. Once the goods have been removed, the buyer will go to the list of selected goods by clicking on the “Shopping Cart”. To order the goods, you need to complete shipping and billing information and agree to these terms and conditions. After completing shipping and billing information, the buyer completes the delivery and payment method and sends a binding order.
The buyer has the option to check the order before submitting it, and possibly repair or cancel it.
2.2 Order via email
You must send an order to email@example.com when ordering by email, with the exact name and code of the goods, the number of orders, the name, the name, the exact delivery address, the phone number, the email, the payment method and the delivery method. The condition for the validity of the order is to fill in all the above data.
2.3 Telephone Order
When you buy by phone order announced on tel. no. +421 908 480 728 it is necessary to give the exact name and code of the goods, the number of ordered items, name, surname, exact address, telephone number, method of payment and method of delivery. The phone order must be confirmed by mail under the same conditions as when ordering by mail.
Information on the individual technical steps necessary to conclude a purchase contract results from these terms and conditions.
3. An order made by any means of distance communication shall be binding.
4. By sending an order, the consumer confirms that he was aware that part of the order is the obligation to pay the purchase price.
5. Immediately upon receipt of a binding order, the seller shall acknowledge the conclusion of the purchase contract on a durable medium. Delivering the receipt is deemed to be a contract of sale closed, excluding the case, and the seller cancels the order or part of it if it is not possible for the technical reasons to deliver the goods within the required time or under the terms of the order. In the event that this occurs, the seller will contact the buyer at the latest within two business days to agree on the next proceeding. If the buyer already pays the price of the order or part of it and there is no agreement between the seller and the buyer to provide other goods of the same quality and price or other substitute performance, the seller commits to return the customer to the customer within 5 days on his account or address the price paid for goods.
6. The confirmation of the conclusion of the purchase contract shall contain, in particular, the information on the name and specification of the goods the sale of which is the subject of the purchase contract, the details of the goods, the date of delivery, the name and the location of the goods to be supplied and the price , the conditions, the method and the time of delivery of the goods to the agreed place of delivery of the goods to the buyer, the details of the seller.
7. The Buyer has the right to cancel (cancel) the order without giving a reason within 24 hours of its sending. You can cancel your order by mail or by phone. Cancellation of the order will be confirmed by the seller by telephone or mail without undue delay. If the buyer already paid the price from the order or part of it, the seller commits to return the customer the price paid for the goods within 5 days to his account or address
8. The purchase contract concluded between the seller and the buyer is kept by the seller for at least five years for the purpose of its successful fulfillment and fulfillment of the seller’s obligations under the specific legislation. The purchase contract is not open to third parties. Article IV.
Rights and Obligations of the Parties 1. The subject of the contract of sale is the rights and obligations of the parties.
2. The seller shall in particular:
a) provide the consumer with information according to the relevant provisions of the Consumer Protection Act and the Consumer Protection Act in the sale of goods or services on the basis of a distance contract or a contract concluded outside the premises of the seller and amending certain laws as amended by later legislation and other relevant legislation,
(b) pack the goods for carriage so as not to cause damage,
(c) deliver the goods ordered to the consumer to the place of destination in good time and in good time,
(d) deliver to the purchaser at the latest, together with the goods, all the documents necessary for the proper taking over and use of the goods in accordance with the relevant legislation.
3. The seller has the right to pay the purchase price in a timely manner.
4. The buyer shall in particular:
(a) take the goods at the place of destination in good time,
(b) pay the seller the agreed purchase price within the due date, including the cost of delivery of the goods, unless the parties have agreed that the costs of delivering the goods are borne by the seller,
c) confirm in the delivery note the taking over of the goods with their signature or signature by the person authorized to do so.
5. The Buyer notes that in the event of a breach of contractual obligations arising out of the Purchase Agreement, he is liable under Section 420 of the Civil Code. Act. for the damage caused by the breach to the seller.
6. The buyer has the right to deliver the goods properly and in good time to the seller.
7. Any disputes arising out of the purchase contract, to which these Business Terms and Conditions are attached, shall be exclusively dealt with under the applicable laws of the Slovak Republic. Article V.
The price of goods or services 1. The prices of each product are current and valid on the website www.chacrys.com. They are listed in the currency of the euro and excluding VAT.
2. A sales note, including the price of the goods, is an invoice attached to the consignment, serving at the same time as delivery and warranty.
3. The seller reserves the right to repair the price of the goods before the goods are dispatched if they find that the goods were offered at the wrong price. In this case, the buyer must inform the buyer of the correct price and he must agree to the price adjustment. If the buyer does not agree with the price adjustment, the seller will proceed in accordance with the second sentence of the second sentence. V, Art. III. Article VI.
Postage and packing 1. Delivery of goods with Slovak Post
1.1 Supply of goods by a courier company
1.2 Personal Subscription
Personal collection of goods is possible at Svätojánska 3060/14 Komárno 945 01 by telephone agreement. In this case postage is not charged.
2. The seller shall not charge postage and packing unless otherwise stated for the goods. Article VII.
Terms of payment 1. Buyer is obliged to pay the seller the purchase price agreed in the purchase contract, including delivery costs.
2. The buyer is obliged to pay the seller the purchase price agreed in the purchase agreement within the due date, but at the latest when the goods are taken over.
3. The buyer can pay the purchase price in the following way:
3.1 Pay with a credit card or Pay-Pal
The buyer pays the price for the ordered goods immediately after ordering the merchandise with the credit card or Pay-Pal’s payment gateway
3.2 bank transfer to the bank account of the seller. Article VIII.
Terms of Delivery 1. The seller undertakes to deliver the goods ordered to the buyer within 30 days from the day of order confirmation, respectively. payment of the invoice if the buyer chose to pay the purchase price by wire transfer. Usually, however, the seller will deliver goods to the buyer within 14 business days. If the goods can not be delivered within the specified period, the parties will agree to provide an additional delivery period. If the buyer does not agree with an additional delivery period, he may withdraw from the purchase contract and, if he has already paid the purchase price, he will be returned.
2. The delivery cost depends on the delivery method you choose, and the exact cost of delivery is displayed in the order when choosing the delivery method.
3. The buyer is obliged to take over the goods at the place specified in the order, in person or to arrange for the goods to be taken over by the authorized person.
4. From the time of handing over the goods to the carrier, the carrier shall be liable for any damage. For this reason, it is necessary for the buyer or the person authorized to check the goods to check that the packaging in which the goods are packed is not damaged. In case of damage, it is necessary to refuse to take over the goods and to write with the carrier or to take over the goods and to record with the carrier (Slovak Post, Courier) on the spot a record of detected defects during transportation. We will replace the returned goods immediately by sending a new one.
5. If the buyer finds damage to the goods, incompleteness of the consignment, or other defect after the takeover, this fact must be reported without undue delay. Incomplete or damaged mail is required without undue delay by mail at firstname.lastname@example.org.
6. In the event that the buyer takes over the goods despite obvious damage to the packaging, the seller may not recognize any later complaints for this reason.
7. When taking over the goods, the buyer or the person authorized to do so must sign the delivery note.
8. The Buyer notes that in the event of a breach of the obligation to take over the goods properly and in time, the Seller shall be entitled to compensation for damages incurred in connection with this breach in accordance with § 420 Obč. Act. Upon expiry of 14 days from the date when the buyer was required to take over the goods, the seller authorized to withdraw from the purchase contract and sell the goods to a third party.
9. If the purchaser’s absence at the place specified in the purchase contract is necessary to repeat the delivery of the goods or if the seller suspects that this is a speculative order, the seller reserves the right to re-deliver the goods to the buyer only after payment of the full purchase price and delivery costs.
10. In the event of non-delivery of the goods, VIII ods. 1 of these Business Terms and Conditions authorized to withdraw from the purchase contract.
11. If the seller fails to comply with the contract because the ordered goods can not deliver or the service can not provide, he is obliged to inform the buyer of the consumer without delay and return the price paid for the goods or advance within 14 days if the seller and the buyer do not agree to a substitute performance. Article IX.
Acquisition of ownership and passing of danger of damage to goods 1. Buyer – the entrepreneur acquires ownership of the goods until full payment of the entire purchase price for the goods and the buyer – the consumer acquires ownership of the goods at the time of its receipt from the seller.
2. The risk of damage to the goods passes to the buyer at the time when the goods are handed over by the seller or when he does so in a timely manner, at the time when the seller allows him to dispose of the goods and the buyer will not take the goods. Article X.
Withdrawal from the contract 1. The seller has the right to withdraw from the contract,
(a) if he is unable to deliver the goods to the buyer in a timely and proper manner, in particular because of the sale of the goods or the unavailability of the goods,
b) if he is unable to deliver goods to the buyer for technical reasons, the goods are no longer manufactured, not delivered, the price has changed significantly by the supplier or for other objective reasons,
(c) if he has reasonable doubts as to the accuracy of the data provided by the buyer,
d) if he has reasonable suspicion of a “hacker” attack or other attack on e-commerce
2. The customer will be informed of the withdrawal of the contract by telephone or by e-mail, and if the purchase price or part of it has already been reimbursed, the funds will be returned to him within 15 days of the designated account unless the seller agrees otherwise.
3. Withdrawal from the buyer’s contract, which is the consumer, is governed by the relevant provisions of Act no. 102/2014 Z. z. on the protection of the consumer in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller and on the amendment and supplementation of certain laws as amended by later legislation.
4. The consumer is entitled to withdraw from a distance contract or from a contract concluded outside the seller’s premises within 14 days of the day:
(a) taking over the goods
(b) the conclusion of a service contract
(c) the conclusion of a contract for the provision of electronic content not supplied on a physical medium.
5. Goods shall be deemed to have been taken over by the consumer at a time when the consumer or a third party designated by him other than the carrier takes over all parts of the ordered goods or
(a) the goods ordered by the consumer in a single order are delivered separately, at the time of receipt of the goods which have been delivered as the last,
(b) supplies goods consisting of several pieces or pieces, when the last part or last piece is taken over,
(c) supplies the goods repeatedly for a specified period, at the time of receipt of the first delivered goods.
6. The consumer may withdraw from the contract for the supply of goods even before the start of the withdrawal period.
7. The consumer can not withdraw from the contract, the subject of which is:
(a) the provision of a service where the provision of the service has begun with the express consent of the consumer and the consumer has declared that he has been duly informed that, by expressing such consent, he / she loses the right to withdraw from the contract after full service and full service,
(b) the sale of goods or the provision of services the price of which depends on the movement of prices on the financial market which the seller can not influence and which may occur during the expiry of the withdrawal period,
(c) the sale of goods made in accordance with the specific requirements of the consumer, custom-made goods or goods specifically intended for a single consumer,
(d) the sale of goods contained in a protective packaging which is unsuitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery,
(e) the sale of goods which, by reason of their nature, may, after delivery, be indissociably mixed with other goods,
(f) carrying out urgent repairs or maintenance, which the consumer has explicitly requested from the seller; this does not apply to service contracts and contracts involving the sale of other goods as spare parts necessary for repairs or maintenance if they were concluded during the seller’s visit to the consumer and the consumer did not order such services or goods in advance,
(g) the sale of phonograms, video recordings, sound recordings, books or computer software marketed in the protective packaging, if the consumer has unpacked it,
(h) the provision of electronic content other than on a physical carrier if its provision has been initiated with the express consent of the consumer and the consumer has declared that he has been duly instructed to lose the right of withdrawal by expressing such consent.
8. In accordance with Art. X par. 7, par. h) of these terms and conditions, the consumer is not entitled to withdraw from the contract, the subject of which is the purchase of goods – electronic equipment the integral part of which is the computer software provided by the seller, provided the provision has been initiated with the express consent of the consumer and the consumer declared that he was duly instructed that by expressing this consent loses the right to withdraw from the contract.
9. The consumer by means of a binding order for goods – an electronic device that is an integral part of the computer software provided by the seller, expressly agrees to start providing computer software and declares that he has been duly instructed to lose the right to withdraw from the agreement.
10. The consumer may exercise the right to withdraw from the contract via email at email@example.com, in paper form or in the form of another durable medium. The consumer can use the withdrawal form.
11. A legal act to withdraw from the contract may be sent in paper form to:
945 01 Komárno
or mail to firstname.lastname@example.org
12. The withdrawal period shall be deemed to be maintained if the notice of withdrawal has been sent to the seller at the latest on the last day of the said period.
13. The consumer is obliged to send the goods back or hand it over to the seller or the person authorized by the seller to take over the goods within 14 days from the day of withdrawal. This does not apply if the seller proposes to pick up the goods personally or through a person authorized to do so. The time limit referred to in the first sentence shall be deemed to be preserved if the goods were handed over for shipment not later than the last day of the period.
The consumer sends the goods to the seller to the following address:
Chacrys s. r.o.
945 01 Komárno
14. The seller shall return to the consumer, without undue delay, within 14 days of the date of delivery of the notice of withdrawal, all payments received by him or her under the contract, including the cost of transport, delivery and postage and other costs and fees. The seller is obliged to return the same to the consumer in the same way as the consumer has used for his payment. This is without prejudice to the consumer’s right to agree with the seller on another method of payment if no additional charges are charged in relation to the consumer.
15. The parties may agree that the place of return of the purchase price to the seller will replace the returned goods for other goods from the offer at the corresponding value.
16. Upon withdrawal of the contract the sale of which is the sale of the goods, the seller shall not be obliged to return the payment to the consumer before the goods are delivered to him / her or until the consumer returns the goods back to the seller unless the seller suggests that the goods be picked up personally or through him / people.
17. The seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a different means of delivery, such as the cheapest normal delivery method offered by the seller. Additional costs are the difference between the delivery costs chosen by the consumer and the cost of the cheapest normal delivery method offered by the seller.
18. In the event of termination, the consumer shall bear the cost of returning the goods to the seller or person authorized by the seller to take over the goods and, in the event of withdrawal from the distance contract, also the cost of returning the goods, which by virtue of its nature can not be returned by post.
19. In the event of termination, the consumer is liable for the diminished value of the goods resulting from such goods being treated in excess of the treatment necessary to ascertain the property and the functionality of the goods.
20. The seller recommends the buyer to insure the goods that are the subject of the return. The risk of damage to the goods being returned is borne by the buyer until the moment of receipt of the goods by the seller.
21. If the buyer does not deliver a notification of withdrawal at the latest with the goods, he will ask the seller by telephone, or by e-mail, to fill in the missing data or to attach missing required documents. If the consumer fails to submit a notice of withdrawal or add missing data within an additional period, the seller reserves the right not to proceed with the return and the goods will be returned to the buyer at the address given in the order.
22. If gifts are provided with the merchandise, the buyer acknowledges that the gift agreement concluded between the parties is bound by this purchase agreement. If the buyer makes use of the right to withdraw from the purchase contract, the gift agreement will become ineffective and the buyer will be obliged to return the related gifts provided with the returned goods.
24. Withdrawal from the Buyer’s Agreement is governed by the relevant provisions of the Commercial Code. Act. Article XI.
Liability of the seller for defects 1. The legal regulation of the seller’s liability for defects in relation to the buyer who is the consumer is governed by § 620 et seq. Civil Code. Act.
2. The seller is responsible for the defects that the item sold has been taken over by the buyer. For used items, it is not responsible for defects caused by use or wear. For items sold at a lower price, it is not responsible for a defect for which a lower price has been negotiated.
3. If it is not a matter that is quickly damaged or used, the seller is responsible for defects that occur after the warranty period has been taken over in the warranty period.
4. The warranty period is 24 months. If the term of use for the case being sold, its packaging or the instructions attached to it, the warranty period does not expire before the expiry of this period.
5. If the buyer is an entrepreneur, the contracting parties shall, in accordance with § 429 par. 2 Obch. Act. have agreed on a warranty period of 12 months.
6. At the buyer’s request, the seller is required to provide the guarantee in writing (warranty card). If the nature of the matter allows, it is sufficient to issue a proof of purchase instead of the warranty card.
7. The warranty certificate includes the seller’s name (name and surname, business name or seller’s name, place of business or place of business), the contents of the warranty, its scope and terms, the warranty period and the data required to apply the warranty. If the warranty card does not contain all the details, this does not invalidate the warranty.
8. The warranty card is a proof of purchase – invoice, which also serves as a delivery note.
9. The warranty period begins to run from the buyer’s takeover.
10. Warranty does not apply to common wear, mechanical damage, Article XII.
Terms of Claim The terms of claim are governed by the relevant provisions of the Claims Rules accepted by the Operator and published on www.chacrys.com Article XIII.
Contract validity The purchase contract is concluded for a limited period of time, in full compliance with the obligations of both parties resulting from the purchase contract and these business conditions, which are an integral part thereof. Article XIV.
Privacy 1. Information on the affected persons (purchasers) is processed by the operator in accordance with Act. no. 122/2013 Z. z. on the Protection of Personal Data as amended.
2. The seller provides information within the meaning of § 15 par. 1 of Act no. 122/2013 Z. z. on the protection of personal data, as amended by later legislation, to the person concerned through the “Privacy” section of the website: Article XV.
Final provisions 1. These Business Terms and Conditions apply as stated on the website www.chacrys.com on the date the Purchaser sends the Purchase Order, unless otherwise agreed by the parties.
2. The Operator reserves the right to change these Terms of Business at any time, as long as this is required by a change in business policy or applicable legislation.
3. These Business Terms and Conditions shall enter into force and effect on 01.06.2016.Terms and Conditions