General Terms and Conditions of the Online Store
Definition of terms
1. The operator of thewww.abiesland.com online store is Michal Šulek, Lúčna 1765/18, 96205 Hriňová, ID: 44 956 355 .
2. The Seller is Michal Šulek, Lúčna 1765/18, 96205 Hriňová, ID: 44 956 355.
3. The Buyer is every visitor of the online store, who created an order through the online store. For the purposes of the Law No. 102/2014 Coll. a consumer is a natural person or a legal entity, which does not purchase goods for the purpose of its further selling to other persons, for business reasons, or as part of their employment or occupation.
4. The online store is a computer system located on a public Internet network, which facilitates the ordering of goods and services.
5. Goods or services are all products available in the online store.
6. An order is created by confirming the ordering process in the online store by selecting goods or services by the Buyer, including completely filling out the order for and submitting it.
7. The Buyer fully acknowledges electronic communication, especially through the online store, email, as well as through phone.
1. All listed prices of products are final. The Seller is not a VAT payer.
2. The Seller is bound by the prices listed in the online store at the time of the purchase.
1. An order is created by confirming the ordering process in the online store by selecting goods or services by the Buyer, including completely filling out the order. For correct processing of the order it is necessary to provide all the necessary data in the order form and select the shipping and the method.
2. By submitting the order the Buyer agrees to the General Terms and Conditions, the Terms of Claim as well as the price of the ordered goods and services and therefore the order becomes binding for the consumer.
3. Confirmation of the order by the Seller establishes the purchase contract, which can be changed, cancelled or amended only based on mutual agreement between the Buyer and the Seller, unless the law or other legal regulation establishes otherwise. Confirmation of the order by the Seller is the shipment of the goods.
4. After creating an order in the online store, the Buyer receives an automatically generated email confirming the receipt of the order by the online store. This email is not confirmation of the goods pursuant to Section 3 of this article.
5. By shipping the order, the Buyer is bound to pay the purchase price of ordered goods. If the Seller is not able to fulfill the order or part of it, under maximum effort, within the time set for its processing, due to e.g. the product is not manufactured, it is not available from the manufacturer, it is stored in an external warehouse of the vendor, the manufacturer made severe changes, due to which the order cannot be fulfilled, or due to higher power, the Seller has the right to cancel the order, after notifying the Buyer by email. The Seller also has the right to cancel the order if the Buyer provided false or misleading data, which cannot be verified, e.g. incorrect email or phone number. If the Buyer made an advance payment, the Seller shall return it to the Buyer within 14 days.
6. By submitting the order, the Buyer confirms her or she is at least 16 years old.
Terms of payment
1. The customer can purchase the goods and services in the online store in the following ways:
The following payment methods are available:
- Payment in advance to a bank account (without fees)
IBAN: SK 0402 0000 0000 3714 137 053. Please use your order number as the variable number.
- Payment through PAYPAL (without fees)
- Cash on delivery using the GLS Transportation Company – (1€ fee), is available only in Slovakia and the Czech Republic.
- Cash on delivery using the UPS Transportation Company – the cash on delivery fee varies from country to country and it is available only in selected countries.
2. Additional fees for specific payment methods can be found in Article VI of these General Terms and Conditions.
3. The Seller can offer the following discounts to the Buyer:
a) discount from the fee for registration in the online store,
b) discount for repeated purchase,
c) discount based on a one-time discount coupon,
4. Offered discounts cannot be combined.
Terms of delivery
1. The Seller shall send the Buyer the ordered goods within 30 days after creating the order, unless they agreed otherwise, or unless a longer delivery period is specified for given product.
2. If the product is in stock, it is expedited in the shortest possible time based on capacity.
3. If there are several goods and services in the order and some of them are not in stock, the Seller shall inform the Buyer about the possibility of partial shipments.
4. The customer is sent invoice (tax document) instructions, as well as other vendor documents for the goods and services together with the products.
5. The place of fulfillment is the place where the products are delivered.
Shipping and Handling Costs and Payment Options
1. We ship our goods to Slovakia, Czech Republic, Austria and Germany using the GLS Transportation Company. Costs in the table include VAT.
2. We use the UPS Company to ship goods to Slovakia, Czech Republic, Hungary, Austria, Germany, Slovenia, Croatia, Poland, Romania, Bulgaria, Belgium, Holland, Luxembourg, France and Italy. Shipping costs in the table include VAT.
Christmas trees taller than 1.8 m will be shipped using the SDS Company. The shipping costs are 6€/tree.
Applies only to Slovakia.
When buying several live trees, shipping costs are calculated for each tree separately.
If you order a decoration with your tree, the system will split your order and it will create 2 orders. An order for the decoration and an order for the tree. Your goods will be shipped in two packages. If you order branches and a Christmas tree stand together with the tree, your goods will be shipped in one package.
The following payment methods are available:
1. Payment in advance to a bank account (without fees)
IBAN: SK 0402 0000 0000 3714 137 053. Please use your order number as the variable number.
2. Payment through PAYPAL (without fees)
3. Cash on delivery using the GLS Transportation Company – (1€ fee), is available only in Slovakia and the Czech Republic.
4. Cash on delivery using the UPS Transportation Company – the cash on delivery fee varies from country to country and it is available only in selected countries (see the UPS table)
Transfer of ownership
1. The ownership right is transferred from the Seller to the Buyer when the subject of the purchase contract is paid for in full.
2. The Seller reserves the right to process the claim for goods and services still in the ownership of the Seller only after the subject of the purchase contract has been paid for in full.
Cancellation of the purchase contract
1. The Buyer has the right to cancel the ordered goods or services within 24 hours after the purchase contract was created without the cancellation fee for custom made goods, based on specific requirements of the consumer or specially for one consumer.
The right of the consumer to return the goods without stating a reason and instructions for the consumer
1. Pursuant to the Law No. 102/2014 Coll. on the Consumer protection in relation to sales of goods or provision of services based on distance and off-premises contracts and amending certain laws (hereinafter referred to as the Law), pursuant to § 7 et seq., the consumer has the right to withdraw from the purchase contract within 14 days after receipting the goods. If the subject of the purchase contract is the delivery of the goods, the consumer has the right to withdraw from the contract before the goods are delivered.
2. If the consumer wishes to exercise this right, he or she must deliver a written withdrawal from the purchase contract to the contact address of the Seller no later than on the last day of the specified deadline, or to send this withdrawal by the postal service to the address listed in the contacts no later than on the last day of the specified deadline. After the consumer notifies the Seller on his or her withdrawal from the contract, the consumer is required to send or deliver in person the subject o the contract from which he or she withdraws together with all of the documentation - e.g. the original invoice, instruction and other documentation for the product, which was sent to him or her together with the product, no later than 14 days after withdrawing from the contract (§10 Section 1 of the Law). We recommend the Buyer to make a copy of the invoice and ship the goods as registered mail or as an insured package. You can use the following form to withdraw from the contract: Withdrawal from the Purchase Contract, where you need to fill out all the data marked with an asterisk (*). (http://www.nakupujbezpecne.sk/docs/form/odstupenie%20od%20zmluvy.pdf).
3. Please do not send us goods using cash on delivery; such packages will not be receipted.
4. The operator of the online store shall return all the funds paid for the goods / services, including the shipping costs pursuant to §9 Section 3) of the Law No. 102/2014 Coll., as well as all other costs demonstrably incurred to order the goods within 14 days from the day the withdrawal from the contract was delivered, however, the Seller does not have to return the funds before the goods are received or the consumer proves he or she shipped the goods. This does not apply in case the Seller proposed he will pick up the goods himself.
5. The cost of sending the goods back shall be borne by the consumer.
6. The right to withdraw from the contract does not apply to goods and services defined in §7 Section 6 Letter a) through l) of the Law No. 102/2014. Coll.
7. The consumer shall bear any depreciation in the value of the goods caused by its use beyond what is necessary to establish its functionality and features of the goods.
Rights and obligations of the contractual parties
1. The Seller and the Buyer and considered to be parties to the contract.
2 The Buyer is required to:
a) receipt the ordered goods,
b) pay the agreed price for the goods to the Seller,
c) check any damage of the package and of the product upon its receipt.
3. The Seller is required to:
a) deliver to the customer the product in the desired quality, quantity and for the agreed price,
b) send the customer all the documentation for the product together with the product or at a later time, such as the invoice, the claim sheet and instruction in the codified form of the Slovak language.
I. BASIC PROVISIONS
1 Pursuant to the Article 4, Section 7 of the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the GDPR) the personal data administrator is Michal Šulek ID 44 956 355 residing at Lúčna 1765/18, 96205 Hriňová (hereinafter referred to as the administrator).
2 Contact information of the administrator:
Address: Lúčna 1765/18, 96205 Hriňová
Phone: 0917 240 117
3. Personal data is all information about the identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
4. The administrator did not appoint a representative for the protection of personal data.
II. SOURCES AND CATEGORIES OF THE PROCESSED PERSONAL DATA
1 The administrator processes personal data you have provided to him or personal data the administrator acquired in the process of fulfilling your order.
2 The administrator processes your identification and contact data and data necessary to fulfill the contract.
III. LEGAL REASON AND THE PURPOSE OF PROCESSING PERSONAL DATA
1 The legal reasons for the processing of personal data are:
2 The purposes of processing personal data are:
◦ fulfilling your order and the execution of rights and obligations based on the contractual relationship between you and the administrator; personal data are needed for the order, which are necessary for the successful processing of the order (name, address, contact); providing personal data is a necessary requirement to conclude and fulfill the contract; it is not possible to conclude the contract or to fulfill it on part of the administrator without providing personal data,
◦ sending business notifications and other marketing activities.
3 There is no automatic / individual decision making pursuant to the Article No. 22 of the GDPR on part of the administrator. You have given your explicit content with such processing.
IV. PERIOD OF STORING DATA
1 The administrator stores the personal data:
The administrator shall delete the personal data after the personal data storage period expires.
V. RECIPIENTS OF PERSONAL DATA (SUBCONTRACTORS OF THE ADMINISTRATOR)
1 Recipients of the personal data are persons:
The administrator does not intend to hand over personal data to a third country (a country outside of the EU) or to an international organization.
Services used for marketing and support services:
VI. YOUR RIGHTS
1 Based on the GDPR, you have the right to:
◦ access your personal data pursuant to Article 15 of the GDPR,
◦ correct your personal data pursuant to Article 16 of the GDPR, or to limit the processing pursuant to Article 18 of the GDPR.
◦ delete your personal data pursuant to Article 17 of the GDPR.
◦ object to the processing pursuant to Article 21 of the GDPR.
◦ transfer your data pursuant to Article 20 of the GDPR.
◦ revoke your consent to process your data in written form or electronically to the address or email of the administrator listed in Article III of these General Terms and Conditions. You can revoke your consent at any time in our account settings.
2 Further you have the right to file a complaint to the Personal Data Protection Office in case you believe your privacy was infringed.
VII. CONDITIONS OF SECURING PERSONAL DATA
1 The administrator declares that he has taken all reasonable technical and organizational measures to secure the personal data.
2 The administrator has taken technical measures to secure data storage and storage of personal data in written form, especially secure and encrypted access to the webpage, encrypting the users’ passwords in the database, regular updates of the system and regular backups of the system.
3 The administrator declares that only authorized persons have access to personal data.
VIII. FINAL PROVISIONS
These conditions entered force on 25.5.2018.
Compensation of damages if the goods are not receipted
1. The Seller has the right to compensation of damages (pursuant to § 420 et seq. of the Civil Code), if the Buyer ordered goods, which he or she did not cancel or did not withdraw from the contract and also did not receipt the goods from the courier, or in case of personal pickup, if the Buyer did not pick up the goods after being notified by the Seller within the designated pickup time. In doing so, the Buyer breached his or her obligation under the Article X, Section 2, Letter a), under which the Buyer is obliged to take over the ordered goods.
2. In determining the amount of compensation, the Seller takes into account especially the shipping costs and related costs in case the goods were shipped, packing and handling costs, administrative costs, as well as all other costs incurred during the fulfillment of given order and he also has the right to charge lost profit.
3. The Seller has the right not to execute his right to compensation of damages or to partially execute this right.
1. The Seller reserves the right to change and amend these General Terms and Conditions and the Terms of Claim without notifying the Buyer in advance. If the General Terms and Conditions and the Terms of Claim change, the shopping process is governed by the General Terms and Conditions that were in force at the moment the order was submitted by the Buyer and these are available on the webpage of the Seller.
2. The Terms of Claim are an integral part of these General Terms and Conditions.
3. By submitting an order the Buyer acknowledges that he or she read the General Terms and Conditions and the Terms of Claim.
4. These General Terms and Conditions and the Terms of Claim are available to the Buyers at the registered office of the company and they are also published on the webpage of the online store.
5. If the consumer is not satisfied with the way in which the Seller processed his or her claim, or if he or she believes the Seller breached his or her rights, he or she has the option to contact the Seller with a request for a remedy. Should the Seller reject the request or should he not answer within 30 days after the request was submitted, pursuant to § 12 of the Law No. 391/2015 Coll. on Alternative solutions of consumer disputes and on the amendment of certain laws, the consumer has the right to file a proposal to initiate an alternative solution of the dispute. The competent entity to alternatively solve consumer disputes with online stores is the Slovak Commercial Inspection (www.soi.sk) or another authorized legal entity registered in the registry of entities of alternative dispute solution listed by the Ministry of Justice of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s), whereby the consumer has the right to chose, which entity of alternative solution of consumer disputes he or she will contact. The consumer can also submit his or her request for alternative solution of the consumer dispute online, available at http://ec.europa.eu/consumers/odr/. Information on fees for submitting the request can be found at the webpages of specific subjects of alternative dispute solution.
6. Relationships not governed by these General Terms and Conditions and their integral parts (amendments) are govern by the relevant regulations, especially by the Law No. 40/1964 Coll., Law No. 250/2007 Coll., Law No. 102/2014 Coll., Law No. 122/2013 Coll., Law No. 22/2004 Coll., as well as the Law No. 513/1991 Coll.
7. These General Terms and Conditions including their integral parts enter force and effect on 26.10.2016.
In Hriňová, on 26.10.2016