Business conditions

GENERAL TERMS AND CONDITIONS OF THE INTERNET STORE OBUVLAMBERT.SK

establishing the terms and conditions of business between the seller and the buyer (hereinafter referred to as "GTC")

              

  1. These GTC apply to purchases made on the web portal of the online store www.homeyou.sk of the seller operated at the internet address www.homeyou.sk, and they further define and specify the rights and obligations of the seller and the buyer.

 

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

 

  1. The buyer on the web portal of the online store www. homeyou.sk is any natural or legal person who sends an electronic form with an order for goods (product(s). The consumer is a natural person who, when concluding and performing a consumer contract, is not acting within the scope of his business activity, employment or profession.

 

  1. The purchase of goods is carried out by issuing and sending an order by the buyer on the web portal of the online store www. homeyou.sk, with the proviso that the buyer's order must be approved (accepted) by the seller in accordance with the GTC, otherwise the contractual relationship will not arise. Before sending the order to the buyer , the buyer is notified and provided with information on the web portal of the online store www. homeyou.sk and in the GTC according to special regulations, in particular according to the provisions of Section 3 of Act No. 102/2014 Coll. By sending the order, the buyer confirms that he has been familiarized with the GTC before sending the order on the web portal of the online store www. homeyou.sk, with the proviso that the obligation to pay the price of the ordered goods is included with the order and with the order.

 

  1. On the web portal of the online store www. homeyou.sk, the buyer follows 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 their final shipment to the seller.

 

  1. The buyer's order is considered to have been 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, billing address, e-mail and telephone contact for the buyer. When ordering goods as a natural person - non-entrepreneur, the following data must be provided: 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 data must be provided in the order: business name, IČO, DIČ / IČ DPH and billing address, if it is different from the delivery address.

 

  1. The Buyer's order is the Buyer's proposal to conclude a purchase contract under the contractual terms and conditions in accordance with these GTC. The order is intended for the Seller to accept 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, the Buyer expresses his will to be bound by his order during the specified period, to purchase and take over the goods selected by him for the purchase price.

 

  1. The acceptance of the order of goods by the seller, and thus the conclusion of the purchase contract, occurs based on the confirmation of this correctly and completely completed order in electronic form (e-mail) by the seller. After delivery of the order, the seller immediately confirms the buyer's order electronically, i.e. informs the buyer about the receipt and inclusion of the buyer's order in the seller's system.

 

  1. 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 Withdrawal form (PDF)

 

  1. 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, via e-mail. The seller has the right to cancel the order in the event of non-delivery of the goods due to force majeure, due to the termination of its production, due to its sale or due to the impossibility of delivery at the price stated 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 withdraw from the order for the said goods. In the event of payment of the purchase price or part thereof, 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 release the goods to the buyer even if he discovers that incorrect, incomplete or false information was provided or provided in the communication regarding the buyer, the person receiving the goods, or if there is a risk that the behavior of the person with whom the seller communicated may result in damage to the seller (e.g. fraudulent conduct).

 

  1. The buyer is obliged to pay the seller the purchase price and the shipping cost for the goods according to the order accepted by the seller (closed purchase contract). When creating an order, these items are also listed in summary as the sum of the price of the goods and shipping. The price of the goods on the portal is listed with VAT, unless it is stated that it is a price excluding VAT. VAT is applied to the delivery of goods and services in accordance with legal regulations. The purchase price of the goods does not include bank fees for making the payment of the purchase price, costs of transporting the goods, costs of cash on delivery, costs of delivering the purchased goods according to, costs of using electronic means of communication, consulting activities. These fees and costs are payable by the buyer, 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, in particular those of correspondent banks and the recipient's bank.

 

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

 

  1. The price of the goods may change, especially but not only due to an obvious printing or other error regarding the price of the goods detected 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 until the moment of receipt of the goods if the buyer is notified of a change in the purchase price of an item due to an obvious printing or other error regarding the price of the goods.


 

  1. The method of payment of the purchase price will be agreed in the purchase contract itself, in connection with the buyer's choice made in his order, where the buyer has the choice of several options for paying the purchase price.

The payment gateway is a simple and secure way to pay online. When paying by card, you need to enter your payment card details. Your payment will be credited within a few minutes. This way you pay by credit card via the Internet or by fast online bank transfer. This payment method is free of charge.

 

  1. The Seller shall issue and deliver an 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 warranty certificate, unless a separate warranty certificate is delivered.

 

  1. The place of performance of the purchase contract is the registered office (residence) or place of business of the buyer specified in the electronic order form. The goods will be delivered by the seller using the services of third parties (contractual carrier, courier service) or the seller will deliver the goods by its own means or, based on an agreement with the buyer, the goods will be ready for delivery at the seller's premises. Delivery of the goods is carried out by handing them over to the buyer or by handing over the goods for transport to the contractual carrier.

 

  1. The Seller shall deliver the goods to the Buyer as soon as possible after receiving the electronic order form within the delivery periods stated on the web portal of the online store www.homeyou.sk . The Buyer acknowledges that the stated delivery dates (delivery periods) are only indicative.

 

  1. The buyer is advised that the seller is entitled to deliver the goods in several separate deliveries, provided that the shipping price also applies to such separate deliveries of goods as when the order was accepted (i.e. multiple shipments are charged only at the price of one shipment).

 

  1. If the goods are delivered by a contracted 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 number) to the contracted carrier.

 

  1. When accepting the goods, the buyer will receive a receipt of the goods, which is also a document of payment for the goods in the case of payment on delivery. The receipt of the goods is also a written order for the goods. A tax document with a 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.

 

  1. If the buyer does not pay and does not accept the ordered goods outside the situation of damage to the goods upon delivery (the shipment is returned as undelivered through no fault of the seller, e.g. if the contractual carrier did not find the addressee, did not notify about the storage of the shipment, the buyer did not accept the shipment by mistake or intentionally, etc.), the seller is entitled to claim all costs incurred in this regard from the buyer. The buyer who did not accept the order will be sent an e-mail message requesting 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 that the returned shipment be resent, the seller will charge a second handling fee and postage in addition to the total price of the shipment according to the valid price list. Resentment of a returned shipment in this way is only possible based on advance payment. If the buyer does not respond to the seller's request within the specified time, the order will be canceled by the seller.

 

  1. The ownership of the goods is transferred to the buyer upon receipt of the goods after payment of the purchase price stated in the order in full. Until the transfer of ownership rights from the seller to the buyer, the buyer has all the obligations of a custodian of things 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.

 

  1. In accordance with the law and these GTC, the consumer buyer has the option to withdraw from the contract within 14 calendar days from the date of receipt of the goods without giving a reason. In such a case, the buyer shall fill 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 may use the sample withdrawal form that was sent to the buyer or that is made available on the web portal of the online store www. homeyou.sk . The withdrawal period is maintained if the consumer buyer sends a notification of the 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 withdrawal from the contract, the seller shall return to the consumer buyer all payments that the seller is obliged to return according to legal regulations. The seller will return the payments to the consumer buyer without undue delay, no later than 14 days from the date of delivery of the returned goods back to the seller's registered office address. 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 consumer buyer. The goods must be sent back in an unused and re-saleable condition and also in the original packaging. The consumer buyer is responsible for any reduction in the value of the goods as a result of handling them in a way other than that necessary to determine the nature, properties and functionality of the goods. The consumer buyer cannot withdraw from the contract in cases pursuant to the provisions of Section 7, paragraph 6 of Act No. 102/2014 Coll.

If the buyer chooses to collect 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, this will only be considered a reservation of the goods for a period of 5 days at the store chosen by the buyer. The buyer is obliged to properly inspect, try on and check the selected goods when collecting them in person, as the buyer is not entitled to withdraw from the purchase contract for goods purchased in this way, unless the seller and the buyer agree otherwise in a specific case.

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

 

  1. The seller is not responsible for delayed delivery of goods caused by the delivery person (post office, courier) or by the buyer providing an incorrect address.

 

  1. The buyer is obliged to thoroughly check the goods upon receipt from the delivery person and confirm 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 contact the seller immediately without taking delivery of the shipment. A complaint for any non-delivery of goods due to the delivery person's fault or damage to the goods caused by the delivery person must be made directly to the delivery person in such cases. Complaints about mechanical damage to the goods caused by transport, the receipt of which without defects has been confirmed by the buyer to the delivery person, will not be recognized by the seller as justified and the buyer will not be provided with payment for such a complaint.

 

  1. The Buyer declares that he agrees, pursuant to the provisions of Section 7, Paragraph 1 of Act No. 428/2002 Coll. on the Protection of Personal Data, as amended, that the Seller processes and stores his personal data, in particular those listed above and/or which are necessary for the Seller's activities and processes them in all of its information systems. The Buyer grants the Seller this consent for an indefinite period. The Buyer may 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 may update his personal data directly online on the website of the online store after logging in.

 

  1. The legal basis for processing personal data is Act No. 122/2013 Coll. on the Protection of Personal Data and on Amendments to Certain Acts, other generally binding legal regulation and/or the consent of the buyer pursuant to the above-mentioned Act. The buyer provides this data and consent voluntarily. Without providing this data, it is not possible to make a purchase, deliver the goods and it is not possible to issue or deliver a proof of purchase. By sending an order, the buyer provides consent and the seller informs the buyer that the personal data provided may be:
  2. a) provided to third parties to the extent necessary for the purpose of preparing, fulfilling and checking the contract, fulfilling rights and obligations,
  3. b) made available to recipients who participate in the preparation and execution of the purchase order, in the preparation and execution of information reports based on the consent provided by the buyer.

 

Lesson learned:

As a data subject, the buyer has rights, in particular, pursuant to Act No. 122/2013 Coll. on the Protection of Personal Data and on Amendments to Certain Acts. Based on a written request delivered to the seller's address, the buyer has the right, in particular, to request confirmation as to whether or not personal data about the buyer is 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 destruction. If the seller is obliged to provide and/or deliver mandatory information to the buyer and this obligation is not fulfilled by publication in the GTC, by registering you express your consent to the buyer being provided with this information in the form of an e-mail or SMS message to the contact details provided, or in another appropriate manner.

 

  1. After sending an order or registering on the web portal of the online store www.homeyou.sk, the buyer may receive messages about offers of goods, promotions and services of the seller. The buyer may cancel the sending at any time via the link found in the e-mails that will be delivered to him.

 

  1. Business relationships (as well as other legal relationships that may arise from them) with natural persons who do not act when concluding business contracts under these GTC within the scope of their business activity are subject, in addition to the general provisions of the Civil Code, to special regulations, 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 business premises and on amendments to certain acts, as amended, Act No. 250/2007 on consumer protection and on amendments to Act of the Slovak National Council No. 372/1990 Coll. on misdemeanors, as amended, Act No. 391/2015 on alternative resolution of consumer disputes and on amendments to certain acts, as amended.

 

  1. 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 the provisions of Section 262 of the Commercial Code, even if their relationship does not fall under the relationships specified in the provisions of Section 261 of the Commercial Code. If any of the provisions of these Terms and Conditions is invalid or loses its validity, the validity of the remaining provisions of these Terms and Conditions shall not be affected.

 

  1. The Buyer and the Seller have agreed that they fully recognize the electronic form of communication, in particular via electronic mail and the Internet, as valid and binding for both parties. The electronic form of communication is not acceptable in the event of withdrawal from the purchase contract.

 

  1. By sending the order, the Buyer confirms that he has read these GTC and agrees to them in their entirety. Regardless of the other provisions of these GTC, the Seller shall not be liable to the Buyer for lost profits, loss of opportunity or any other indirect or consequential losses due to negligence, breach of the purchase contract or arising in any other way. In the event that any provisions of these GTC are proven to be invalid or unenforceable by the competent authorities of the Slovak Republic, in whole or in part, the validity and enforceability of the other provisions of the GTC and the remaining parts of the relevant provision of the GTC shall remain unaffected.

 

  1. The applicable substantive and procedural law is the law of the Slovak Republic. All disputes arising from the GTC, the contract or in connection with them, including disputes arising from the supply of goods, will be heard and decided exclusively by the courts of the Slovak Republic under the law of the Slovak Republic or will be resolved alternatively pursuant to Act No. 391/2015 on alternative dispute resolution for consumer disputes and on amendments and supplements to certain acts, as amended.

 

  1. The GTC apply in the wording stated on the web portal of the online store www.homeyou.sk of the seller on the day of sending the electronic order form, unless expressly agreed otherwise between both parties.

 

  1. The Seller reserves the right to change these GTC. The obligation to provide written notice of changes to the GTC is fulfilled by posting them on the store's website.