Business conditions

GENERAL TERMS AND CONDITIONS OF THE OBUVLAMBERT.SK INTERNET STORE

establishing the terms and conditions between the seller and the buyer (hereinafter referred to as "T&C")

              

1. These GTC apply to purchases on the web portal of the online store www. homeyou.sk of the seller operating at the internet address www.homeyou.sk , while defining and specifying the rights and obligations of the seller and the buyer.

 

2. To sellers on the web portal of the online store www. homeyou.sk is Lambert, sro A.Rudnaya 21, 010 01 Žilina ID: 36 392 570 (hereinafter referred to as the "seller").

 

3. Buyers on the web portal of the online store www. homeyou.sk is any natural or legal person who submits an electronic form with an order for goods (product/s). A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession.

 

4. The purchase of goods is carried out by issuing and sending an order to the buyer on the web portal of the online store www. homeyou.sk with the fact that the buyer's order must be approved (accepted) by the seller in accordance with the GTC, otherwise the contractual relationship will not be established. Before sending the order to the buyer, on the web portal of the online store www. homeyou.sk and the information notified and provided to the buyer in the General Terms and Conditions according to special regulations, especially according to art. § 3 of Act no. 102/2014 Coll. By sending the order, the buyer confirms that he was familiar with the GTC before sending the order on the web portal of the online store www. homeyou.sk with the fact that with the submission of the order and as part of the order there is an obligation to pay the price of the ordered goods.

 

5. On the web portal of the online store www. homeyou.sk, the buyer proceeds according to the navigation instructions. The buyer is obliged to provide complete, true and correct data necessary for the correct delivery of the goods. The buyer is obliged to check the correctness of the selected data and data in the process of ordering the goods before they are definitively sent to the seller.

 

6. The buyer's order is considered sent if it is delivered to the seller and if it contains all the required data - the name of the ordered goods, its quantity, price, delivery and billing address, e-mail and telephone contact for the buyer. When ordering goods as a natural person - non-entrepreneur, it is necessary to provide the following information: name, surname, address where the goods are to be delivered, telephone number and e-mail. If you are purchasing as a legal entity (for a company or trade), the following information must be provided in the order: business name, ID number, VAT ID number and invoicing address, if it is different from the delivery address.

 

7. The buyer's order is the buyer's proposal to conclude a purchase contract under the terms and conditions in accordance with these GTC. The order is intended for the seller to be accepted by the seller within 3 days of its delivery to the seller. By sending the order to the seller on the web portal of the online store www. homeyou.sk shows the buyer's will to be bound by his order during the stated period, to buy and take over the goods selected by him at the purchase price.

 

8. The acceptance of the goods order by the seller, and thus the conclusion of the purchase contract, takes place on the basis of confirmation of this correctly and completely completed order in electronic form (e-mail) by the seller. After delivery of the order, the seller electronically confirms the buyer's order without delay, ie informs the buyer about the receipt and inclusion of the buyer's order in the seller's system.

 

9. In the e-mail acceptance of the order, the buyer as a consumer is also informed about the exercise of the right to withdraw from the contract, by sending the Contract Withdrawal form (PDF)

 

10. All received electronic orders for goods are considered a proposal to conclude a purchase contract and are not considered binding. The buyer has the right to cancel the order without giving a reason at any time before the goods are shipped, by e-mail. The seller has the right to cancel the order in case of non-delivery of the goods due to force majeure, due to the end of its production, due to its being sold out or due to the impossibility of delivery at the price listed on the web portal of the online store www. homeyou.sk _ In all these cases, the seller informs the buyer. The buyer has the right to refuse the possibility of delivery of replacement goods and to withdraw from the order of said goods. In the case of payment of the purchase price or part of it, upon cancellation of the order, the funds will be returned to the buyer within 14 days in the same way as was used to pay for the goods, unless the buyer requests otherwise. The seller is entitled to unilaterally withdraw from the contract and/or not deliver the goods to the buyer even if he discovers that incorrect, incomplete or untrue information about the buyer, the person receiving the goods was given or provided in the communication, or if there is a risk that as a result of the behavior of the person with whom the seller communicated, damage may occur on the part of the seller (e.g. fraud).

 

11. The buyer is obliged to pay the seller for the goods the purchase price and the cost of transportation according to the order accepted by the seller (concluded purchase contract). When creating an order, these items are also listed as the sum of the price of goods and shipping. The price of goods on the portal is listed with VAT, unless it is stated that it is a price without VAT. VAT is applied to the supply of goods and services in accordance with legal regulations. The purchase price of the goods does not include bank fees for the payment of the purchase price, costs of transporting goods, costs of cash on delivery, costs of delivery of purchased goods according to, costs of using electronic means of communication, consultancy activities. The buyer is obliged to pay these fees and costs, unless otherwise stated below. When paying from abroad, the buyer as the payer is obliged to bear the fees of his bank and other fees, especially those of correspondent banks and the recipient's bank.

 

12. The price of the goods is determined according to the valid price list. Discounted (sale) prices of goods are clearly marked with symbols (such as "sale" or "sale"). Discounted prices are valid until stocks are sold out or for the duration of the time specified for the discounted price.

 

13. The price of the goods may change, especially but not only due to obvious typographical or other errors regarding the price of the goods found in the seller's system or published with the goods on the web portal of the online store www . homeyou .sk . The buyer, as well as the seller, is entitled to cancel the order or withdraw from the purchase contract if the buyer is notified of a change in the purchase price of an item due to an obvious typographical or other error regarding the price of the goods.

 

14. The method of payment of the purchase price will be negotiated in the purchase contract itself, following the buyer's choice made in his order, where the buyer has a choice of several options for payment of the purchase price.

The payment gateway is a simple and secure online payment method. When paying by card, it is necessary to enter the data from the payment card. Your payment will be credited within a few minutes. In this way, you pay with a payment card via the Internet or by a quick online bank transfer. There is no charge for this payment method.

 

15. The seller shall issue and deliver the invoice to the buyer in accordance with applicable legal regulations. By sending the order, the buyer agrees that the invoice will be sent together with the goods or made available to the buyer electronically. The invoice is sent together with the goods, and the invoice is also a delivery note and a guarantee note, if a separate guarantee note is not delivered.

 

16. The place of performance of the purchase contract is understood as the seat (residence) or place of business of the buyer indicated in the electronic form with the order. The goods will be delivered by the seller using the services of third parties (contract carrier, courier service) or the seller will deliver the goods with his own means or, based on an agreement with the buyer, the goods will be prepared for delivery at the seller's place. The delivery of the goods is carried out by handing them over to the buyer or by handing over the goods for transport to the contracted carrier.

 

17. The seller will deliver the goods to the buyer as soon as possible after receiving the electronic order form within the delivery times specified on the web portal of the online store www. homeyou.sk _ The buyer acknowledges that the stated delivery dates (delivery times) are indicative only.

 

18. The buyer is warned that the seller is entitled to deliver the goods in several separate deliveries, with the fact that even for such separate deliveries of the goods, the transport price applies as when accepting the order (ie, multiple transports are charged only for the price of one transport).

 

19. In the event that the goods are delivered by a contractual carrier, the buyer gives the seller explicit consent to provide the necessary personal data for the purpose of delivering the goods (name / business name, address, telephone) to the contractual carrier.

 

20. When taking over the goods, the buyer will receive a proof of receipt of the goods, which is also a proof of payment for the goods in the case of cash on delivery payment. The proof of acceptance of the goods is also a written order for the goods. Tax document with calculation of the purchase price and VAT - the invoice will be received by the buyer together with the goods or will be made available to the buyer electronically.

 

21. In the event that the buyer does not pay and does not take over the ordered goods except in the case of damage to the goods during delivery (the shipment is returned as undelivered without fault of the seller, e.g. if the contracted carrier did not find the addressee, did not understand about the storage of the shipment, the buyer inadvertently or intentionally did not take over the shipment, etc.), the seller is entitled to claim against the buyer all costs incurred in this connection. A message will be sent to the buyer who did not receive the order by e-mail with a request for information on what to do next with his order. The buyer has 7 days from the date of sending the message to respond to this request. If the buyer requests the resending of the returned shipment, the seller will add a second handling fee and postage according to the valid price list to the total price of the shipment. Re-shipment of such a returned shipment is possible only on the basis of payment in advance. If the buyer does not respond to the seller's call within the specified time, the order will be canceled by the seller.

 

22. Ownership of the goods is transferred to the buyer upon receipt of the goods after full payment of the purchase price specified in the order. Until the transfer of ownership rights from the seller to the buyer, the buyer has all the responsibilities of a custodian and is obliged to store the goods safely at his own expense and mark them so that they are identifiable as the seller's goods under all circumstances.

 

23. In accordance with the law and these GTC, the consumer buyer has the opportunity to withdraw from the contract within 14 calendar days from the day of receipt of the goods without giving a reason. In such a case, the buyer fills out a written declaration of withdrawal from the contract stating the order number, date of purchase and account number or exact address for financial settlement. For this purpose, the consumer buyer can use the sample form for withdrawing from the contract, which was sent to the buyer or which is made available on the web portal of the online store www. homeyou.sk _ The withdrawal period is preserved if the buyer-consumer sends a notice of exercise of the right to withdraw from the contract before the withdrawal period expires. More detailed conditions are regulated in Act No. 102/2014 Coll. After withdrawing from the contract, the seller shall return to the buyer all payments that the seller is obliged to return according to legal regulations. The seller will return the payments to the buyer without undue delay, no later than 14 days from the date of delivery of the returned goods back to the address of the seller's registered office. Their payment will be made by bank transfer to the account chosen by the buyer. The direct costs of returning the goods are borne by the purchasing consumer. The goods must be sent back in unused and resaleable condition and also in the original packaging. The purchasing consumer is responsible for any reduction in the value of the goods as a result of handling them in a way other than what is necessary to determine the nature, properties and functionality of the goods. The consumer buyer cannot withdraw from the contract in cases according to section § 7 par. 6 of Act no. 102/2014 Coll

In the event that the buyer chooses to pick up the goods in person at a specific store of the seller, where he makes a payment in cash or by card at a specific store of the seller, the aforementioned will be considered only as a reservation of the goods for a period of 5 days in the store chosen by the buyer. The buyer is obliged to properly inspect, test and check the selected goods during personal collection, since the buyer is not entitled to withdraw from the purchase contract for goods purchased in this way, unless the seller and buyer agree otherwise in a specific case.

24. The warranty conditions are separately regulated by the complaints procedure. The buyer was sufficiently informed of this complaint procedure before concluding the purchase contract and had the opportunity to familiarize himself with it in full before concluding the purchase contract.

 

25. The seller is not responsible for late delivery of goods caused by the delivery person (post office, courier) or by giving the wrong address of the buyer.

 

26. The buyer is obliged to thoroughly check the goods when taking them over from the delivery person and to confirm the receipt of the goods with his signature on the receipt of the goods. If the shipment is visibly damaged or destroyed, the buyer is obliged to immediately contact the seller without accepting the shipment. Complaints for possible non-delivery of the goods due to the fault of the delivery person or damage to the goods caused by the delivery person must be made directly to the delivery person in such cases. Claims of mechanical damage to the goods caused by transport, the receipt of which has been confirmed by the buyer to the delivery person without defects, will not be recognized as justified by the seller, and payment from such a claim will not be provided to the buyer.

 

27. The buyer declares that he agrees in accordance with paragraph § 7 par. 1 of Act no. 428/2002 Coll. on the protection of personal data, as amended, for the seller to process and store his personal data, especially those listed above and/or which are necessary for the seller's activities, and to process them in all of his information systems. The buyer grants the seller this consent for an indefinite period. The buyer can withdraw his consent to the processing of personal data at any time in writing (by e-mail, letter) or by telephone, on the basis of which the seller will delete his personal data from its database. The registered buyer can update personal data directly in online mode on the website of the online store after logging in.

 

28. The legal basis for the processing of personal data is Act No. 122/2013 Coll. on the protection of personal data and the amendment of certain laws, other generally binding legal regulations and/or the consent of the buyer according to the aforementioned law. This data and consent is provided by the buyer voluntarily. Without providing this data, it is not possible to make a purchase, to deliver the goods, and it is not possible to issue or deliver a purchase receipt. By sending the order, the buyer gives consent and the seller informs the buyer that the provided personal data can be:
29. a) provided to third parties to the necessary extent for the purpose of preparation, fulfillment and control of the contract, fulfillment of rights and obligations,
30. b) made available to recipients who participate in the preparation and implementation of the purchase order, in the preparation and implementation of information reports based on the consent provided by the buyer.

 

Lesson learned:

As a data subject, the buyer has rights in particular according to Act no. 122/2013 Coll. on the protection of personal data and the amendment of some laws. On the basis of a written request delivered to the seller's address, the buyer has the right, in particular, to demand confirmation of whether or not personal data about the buyer are being processed and to object to the processing of the buyer's personal data, which he assumes are or will be processed for direct marketing purposes without the buyer's consent, and to request their disposal. If the seller has an obligation to provide and/or deliver mandatory information to the buyer and this obligation is not fulfilled in the form of publication in the General Terms and Conditions, by registering, you express your consent for this information to be provided to the buyer in the form of an e-mail or SMS message to the provided contact information, or in another suitable way.

 

29. The buyer after sending the order or registration on the web portal of the online store www.homeyou.sk can receive news about the seller's product offers, promotions and services. The buyer can revoke the shipment at any time via the link found in the e-mails that will be delivered to him.

 

30. In addition to the general provisions of the Civil Code, special regulations also apply to business relationships (as well as other legal relationships that may result from them) with natural persons who do not act when concluding business contracts in accordance with these General Terms and Conditions within the scope of their business activity, in particular Act No. 102/2014 on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws as amended, Act no. 250/2007 on consumer protection and the amendment of Slovak National Council Act no. 372/1990 Coll. on offenses as amended, Act no. 391/2015 on the alternative resolution of consumer disputes and on the amendment and supplementation of certain laws, as amended.

 

31. The provisions of the Commercial Code shall apply to business relations with natural persons - entrepreneurs and legal entities not regulated by these terms and conditions, in accordance with section §262 of the Commercial Code, even if their relationship does not fall under the relationships specified in section § 261 of the Commercial Code. In the event that any of the provisions of these terms and conditions is invalid or loses its validity, this does not affect the validity of the other provisions of these terms and conditions.

 

32. The buyer and the seller agree that they fully recognize the electronic form of communication, especially through electronic mail and the Internet, as valid and binding for both contracting parties. Electronic form of communication is not acceptable in case of withdrawal from the purchase contract.

 

33. By sending the order, the buyer confirms that he has read these GTC and agrees with them in their entirety. Regardless of the other provisions of these GTC, the seller is not liable to the buyer for lost profit, loss of opportunity or any other indirect or consequential losses due to negligence, breach of the purchase contract or incurred in any other way. In the event that the competent authorities of the Slovak Republic prove that some provisions of these General Terms and Conditions are invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions of the General Terms and Conditions and the remaining parts of the relevant provisions of the General Terms and Conditions remain unaffected.

 

34. The decisive substantive and procedural law is the law of the Slovak Republic. All disputes that arise from the GTC, the contract or in connection with them, including disputes from the supply of goods, will be heard and decided exclusively by the courts of the Slovak Republic according to the law of the Slovak Republic or will be dealt with alternatively in accordance with Act no. 391/2015 on the alternative resolution of consumer disputes and on the amendment of certain laws, as amended

 

35. The General Terms and Conditions are valid as stated on the web portal of the online store www. homeyou.sk of the seller on the day of sending the electronic form with the order, unless otherwise expressly agreed between the two parties.

 

36. The seller reserves the right to change these GTC. The obligation of written notification of changes to the General Terms and Conditions is fulfilled by placing them on the store's website.