General terms and conditions
I. GENERAL PROVISIONS
- These general terms and conditions apply to purchases in the online store www.vzdusnaakrobacia.sk, operated by Vzdušná akrobacia s.r.o., with its registered office in Húščavova 3, 84101 Bratislava, IČO: 53755545, DIČ: 2121502042, registered at the District Court Bratislava I, file number: 152521 / B, email: email@example.com, contact person: Monika Bočová, phone no.: +421 915 149 411
- The business conditions are part of the concluded the sales contract between the seller and the buyer.
- All contractual relations are concluded in accordance with valid legal regulations in the Slovak Republic.
- In case that the contracting party is a consumer, the relations are not regulated by the following terms and conditions will be followed by the Acts of the Slovak Republic:
- 40/1964 Coll. Civil Code as amended;
- 250/2007 Coll. on Consumer Protection as amended;
- 102/2014 Coll. on Consumer Protection when selling goods or provided services are on the basis of a contract concluded at a distance or a contract concluded outside of commercial premises of the seller and on the amendment of certain Acts, as amended;
- 22/2004 Coll. on the electronic goods trade and amendment no. 128/2002 Coll. on state control of the domestic market in the matter of consumer protection and and the future amendments and addendums as per the Act no. 284/2002
- In case that the contracting party is an entrepreneur, the relations are not regulated by the following terms and conditions will be followed by the Act no. 513/1991 Coll. Commercial Code as amended.
- Consumer contract is any contract regardless of legal form, it´s an agreement between supplier and the consumer.
- The seller is the company Vzdušná akrobacia, s.r.o, which operates an online store. Its subject is the sale of goods through an online store which is located on the website www.vzdusnaakrobacia.sk/e-shop/ (hereinafter the “online store”).
- The buyer is the customer who, on the basis of the sales contract, enters into a contractual relationship with the seller.
- The customer of our online store can be any natural person capable of legal acts or a legal person who has expressed an interest in purchasing products on the online store. According to these terms and conditions, the customer in certain circumstances is also a third party whom the ordered products are given (hereinafter an “authorized person”). The indication of the name of the authorized person in the binding order is considered to be his authority to take over the ordered goods.
III. ORDER AND CONCLUSION OF THE SALES CONTRACT
- The buyer chooses the product on the basis of the current offer published in the online store, confirms this selection by clicking on the “Buy” button, fills in the order form (e-mail, in case the purchased goods, specifies delivery address), chooses the number of products (or specifies product parameters ) and selects the method of payment (cash on delivery, cash on personal pick-up). Orders made through the online store are binding.
- The proposal for concluding the contract is the placement of the offered products in the online store, the contract is created by sending the order to the buyer and acceptance of the order by the seller. Without undue delay after processing your order, we will send you a confirmation of receipt of the order (order acceptance), which contains the order number, name and specification of the products, information about the price of the order and delivery costs, method of payment, expected delivery time of the order, information about the place where the order would be delivered, the seller information, or other information. Delivery of the confirmation e-mail about the receipt and confirmation of your order concludes the sales contract.
- The Contracting Parties agree that communication between them will be in the form of e-mail messages.
- The buyer is obliged to pay the seller the price of the order agreed in the order confirmation, including the cost of delivery (hereinafter “purchase price”) cash on personal pick-up, via Paypal or cashless transfer to the seller’s account specified in the order confirmation.
- The buyer is obligated to pay the seller the purchase price for the agreed order within the period specified in the order confirmation, but no later than upon receipt of the order.
- Information about the individual steps leading to the conclusion of the contract follows from these terms and conditions, and the buyer always has the opportunity to check or correct the order before sending the order. The contract is concluded in the Slovak language, if the circumstances on the part of the seller or the buyer do not prevent it, it is possible to conclude the contract in another language understandable for both parties.
- The operator will supply the order with relevant documents relating to the order: invoice (tax document), or warranty card (if provided by the manufacturer).
- The buyer can cancel the order by e-mail or telephone if it has not yet been processed. To cancel your order, contact us via e-mail at firstname.lastname@example.org.
- All prices of products and services are stated as final, including the corresponding VAT, specified by the applicable legislation of the Slovak Republic (usually 20% – you will always find the exact rate on the invoice), but doesn’t include the price of delivery.
- All shares are valid until stock sold out, unless otherwise stated for a specific product.
- Any additional discounts that are provided in addition to the discounts listed for individual products on our website, individual discounts for the customer or discounts provided on the basis of cooperation of our online store with third parties are not mutually combinable.
- Final price is stated in the order form just before sending the order, including VAT, or all other taxes and fees (packaging, postage), which the consumer must pay to obtain the product or service. This price cannot be changed unilaterally by the seller.
V. SHIPPING CONDITIONS
- Product that is in stock is usually shipped within 3 days after receiving payment.
- Product that is not in the stock, is always identify „Out of stock“.
- Unless the seller and the buyer have agreed otherwise in the sales contract, we are obliged to fulfill your order and deliver the product within 30 days after receiving the order. If the order or part of the order cannot be delivered within the above-mentioned period, we will inform you about this situation as soon as possible and notify you about the date of delivery or suggest delivery of replaced product. If we are unable to provide the product within the additional period, you have the right to withdraw from the contract. Payment of the purchase price will be returned to your bank account within 14 days.
- We process orders continuously every working day.
VI. PLACE AND METHOD OF DELIVERY
- The obligation to deliver the products is fulfilled by giving the products to the customer or to the authorized person specified in the order. We send the order by Slovak Post in the form of a letter / package or a letter/package cash on delivery, or by courier for an additional fee. Delivery within 1-3 business days by Slovak Post, or 1 working day for delivery by courier service, must be added to the delivery time.
- You can pick up the order after contacting us, at the address Plynárenská 3 in Bratislava – personal pick-up.
- We will inform you by e-mail that your order has been given to the carrier. If the order wasn’t delivered within 7 days after our e-mail, please contact your delivery post and us. We’ll provide you with more detailed information about your package and possible reasons for non-delivery after verification.
- The customer is obliged to pick up an order at the agreed place and time in person. After paying the amount for the order, the customer will receive an accounting document (invoice) to the email address, which also serves as a guarantee certificate. The customer will receive also a summary of the order, which is for information only and does not serve as a tax document.
- The obligation to deliver the products is considered fulfilled even if the customer does not pick up an order at the agreed time and place. If the customer does not pick up the order and the order returned to us, we have the right to withdraw from sales contract and demand compensation from the customer for costs associated with returning the products (seller has the right to compensation (according to § 420 the Civil Code) in the amount of the unsuccesfull delivery – postage related to the return of the products. Re-delivery is possible only after mutual agreement. The seller has also right not to asked for compensation or asked only for some amount of price.
- We are not responsible for delayed delivery of the order due to incorrectly given address of the recipient. The customer acquires ownership of the order by picking up the order at the agreed time and place. The owner of the order is responsible for accidental destruction.
- The customer is responsible to check the order, check eventual damages on the package (mechanical damage caused by transport). In case of visible damage, the customer is entitled not to accept the order. If the product is broken, the buyer will not accept the order and fill the protocol of the delivered company.
1. The buyer pays the purchase price to the seller by:
- The buyer pays the purchase price to the seller by:
- Bank transfer to the account: IBAN SK39 1100 0000 0029 4011 0639
- The buyer can use the discount coupon and the relevant discount will be provided to him. The discount coupon can only be used once. The discount coupon can’t be exchanged for cash.
- To the stated prices of goods will be added postage according to the address of delivery.
- We do not charge other fees or packaging.
- The gift voucher can be used once for the purchase of goods in the online store www.vzdusnaakrobacia.sk/e-shop/ until the date specified as valid (valid until).
- The code stated on the voucher is required when you are creating an order. In the “Discount coupon / Gift voucher” section, enter the voucher number in the column.
- The price on the voucher is including VAT.
- If the total amount of the order / purchase is:
- higher than the value of the voucher, the customer pays only the rest of the amount,
- lower than the value of the voucher, the rest of the value without compensation is forfeited (the voucher can only be used in one order).
- The discount coupon can only be used in one order.
- The discount coupon can’t be exchanged for cash.
- The gift voucher is valid only in the country of purchase.
- In case of return of goods paid for by a gift voucher, the amount of these goods is returned by a new voucher.
- To the stated prices of goods will be added postage according to the address of delivery.
- If the delivered products are defective, you are entitled to the statutory warranty claims, 24 months in case of used products and 12 months for bazaar products. It’s valid from takeover date of the product by a buyer.
- If the period of use is marked on the sold product, its packaging or the instructions attached to it, the warranty period doesn’t end before the expiry of this period.
- At the request of the buyer, the seller is obliged to provide a written warranty (warranty certificate). If the nature of the matter allows it, it is enough the proof of purchase instead of a warranty certificate.
- The warranty certificate contains the name of the seller (name and surname, business name or name of the seller, his registered office or place of business), the content of the warranty, its scope and conditions and the length of the warranty period. If the warranty certificate doesn’t contain all the requirements, this doesn’t invalidate the warranty.
- By a statement in the warranty certificate issued to the buyer or in advertising, the seller may provide a warranty exceeding the scope of the statutory warranty, the conditions and scope of this warranty shall be determined by the seller in the warranty certificate.
- The warranty does not cover ordinary wear and tear.
- The warranty does not cover gifts you receive for free or prizes from competitions.
- The right to free warranty repair also expires:
- by failure to present the complete order (also facilities),
- by failure to report defects in taking order,
- by expiration of the warranty period of the product,
- by unprofessional and careless handling or neglect of care,
- mechanical damage caused by the buyer.
- A change of the product, which arose during the warranty period as a result of its wear or tear, misuse or tampering cannot be considered as defect, in particular
- defect arose during the warranty period as a result of its wear or tear, misuse or tampering,
- the defect arose as a result of natural changes in the materials from which the product is made,
- the defect arose as a result of any damage by the buyer or a third party or other incorrect intervention.
IX. ORDER CANCELLATION
- If you wish to cancel your order, which has not yet been processed, please contact us as soon as possible and state your order number. If your order has already been paid, we will return the money to the account from which you paid within 14 days at the latest.
- At the same time, we reserve the right to cancel your order for goods if we are unable to deliver it to you due to unavailability (out of stock or withdrawal from the offer) or if even with all efforts we are unable to deliver the order within the agreed time or price, and / or securing the product would cause us disproportionate difficulties and disproportionate expenses in relation to the value of the order, unless we agree with you on a replacement. We will inform you about the cancellation of the order by phone or e-mail. The payment of purchase price or part thereof will be returned to you within 14 days to the account from which you paid, unless we agree otherwise.
- The seller reserves the right to cancel the order even if the buyer repeatedly uses the discount coupon.
- If the buyer doesn’t pay the amount for the order within 14 days, the seller cancels the unpaid order.
X. ADMINISTRATIVE CLAIM
- The Seller shall be liable for defects in the order upon receipt by the Buyer.
- If it is a defect that can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner. The seller is obliged to remove the defect without undue delay. Instead of removing the defect, the buyer may require replacement of the product or, if the defect relates only to a part of the item, replacement of the part if this does not incur disproportionate costs for the seller in relation to the price of the goods or the severity of the defect. The seller may always replace the defective product with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the buyer.
- If there is a defect that cannot be remedied and that prevents the product from being properly used as an item without defect, the buyer has the right to have the product replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable, but if the buyer cannot properly use the product due to the reoccurrence of the defect after repair or due to a greater number of defects. If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the order.
- The Seller is obliged to determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the date of the complaint. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may be handled later; however, the handling of the complaint shall not take longer than 30 days from the date on which the complaint was lodged. After the expiry of the period for processing the complaint, the consumer shall have the right to withdraw from the contract or have the right to have the product replaced by a new product.
- The Seller shall acknowledge receipt of the claim immediately and issue it to the consumer. However, at the latest, it shall issue it together with the proof of settlement of the complaint.
- The period from the exercise of the right of liability for defects until the end of the claim procedure (handing over of the repaired product, written invitation to take over the performance or its reasoned refusal) is not included in the warranty period. In the case of replacement of the product with a new one, the new warranty period starts from the date of receipt of the product.
- When a consumer makes a claim within the first 12 months of purchase, the seller may only reject the claim on the basis of a written professional assessment; irrespective of the outcome of the professional assessment, the consumer may not be required to pay the costs of the professional assessment, or any other costs associated with the professional assessment.
- When a consumer makes a complaint after 12 months from the purchase, when the seller has rejected it, the seller is obliged to indicate in the complaint handling document to whom the consumer can send the product for professional assessment. If the product is sent to a designated person for expert assessment, the costs of the expert assessment, as well as any other costs reasonably incurred in connection therewith, shall be borne by the seller, irrespective of the outcome of the expert assessment. If the expert assessment proves that the seller is liable for the defect, the consumer may reassert the claim. The warranty period shall not expire while the professional assessment is being carried out. The seller shall reimburse the consumer within 14 days from the date of the reasserted claim for all costs incurred for the professional assessment as well as all related costs reasonably incurred. The reasserted claim cannot be rejected.
- The buyer will be informed of the result of the complaint immediately after the end of the complaint procedure by e-mail and will also receive a complaint report (proof of complaint handling) by e-mail or by registered mail. The proof of complaint does not have to be delivered if the consumer is able to prove the claim in another way.
- In the case of a claim, the consumer informs the Seller of the claim by means of a claim letter via email (in order to achieve the fastest possible handling of the claim) and sends the order packed in packaging suitable for transport together with a description of the defect and a copy of the proof of purchase (or warranty card, if issued) to the Seller’s address:
Vzdušná akrobacia s.r.o.
821 08 Bratislava
- The buyer is entitled to reimbursement of the necessary costs incurred in connection with the exercise of rights from liability for defects. If the consumer is not satisfied with the way in which the seller has handled his complaint or if he considers that the seller has infringed his rights, he has the opportunity to turn to the seller for redress. If the seller responds to the request for redress in a negative manner or does not respond to it within 30 days from the date of its dispatch, the consumer has the right to file a motion to initiate an alternative solution to his dispute under § 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Laws.
- Alternative dispute resolution can only be used by the consumer (natural person) who does not act within the scope of his / her business activity, employment or profession when concluding and fulfilling the consumer contract. Alternative dispute resolution only concerns a dispute between a consumer and a seller, the value of which exceeds 20 euros, arising from a consumer contract concluded at a distance.
- Subject of alternative dispute resolution according to §3 of Act no. 391/2015 Coll. may charge you a fee 5 euros including VAT for initiating a dispute. You can submit the proposal in the manner specified pursuant to §12 of Act no. 391/2015 Coll. or by clicking on this website https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov/formular-pre-podanie-navrhu-na-zacatie-ars.soi.
- The consumer may use the online platform to propose an alternative solution to his dispute, available https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
- Competent entity for alternative resolution of consumer disputes with the seller Vzdušná akrobacia s.r.o. is the relevant Slovak Trade Inspection or other relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk).
XI. WITHDRAWAL FROM CONTRACT
- The customer is entitled to withdraw from the contract without giving a reason in accordance with § 7 of Act no. 102/2014 Coll. on Consumer Protection when selling goods or provided services are on the basis of a contract concluded at a distance or a contract concluded outside of commercial premises of the seller and on the amendment of certain Acts, as amended; within 14 days of receipt of the order. In the case that the goods were delivered separately, the period for withdrawal shall run from the moment of delivered last item.
- If the subject of the sales contract is delivery of order, the consumer has the right to withdraw from the contract before the delivery. If the customer withdraws from the contract, any possible additional contract related to it is also canceled.
- In accordance with §517 paragraph 1 of the Civil Code, the customer may apply for withdrawal only in relation to part of the subject of the contract (if the subject of the contract or binding order was the delivery of several pieces) and in this case the contract is canceled only in that part.
- If the consumer wishes to use his right, he is obliged to deliver the written withdrawal from the sales contract in person to the contact address of the seller no later than the last day of the specified period or to submit this withdrawal by post no later than the last day of the period to the address specified in the contacts. The consumer is obliged to send or deliver in person the subject of the contract from which he withdraws together with all documentation – e.g. a copy of the invoice, instructions and other documentation for the goods, which was delivered to him together with the products, but no later than within 14 days from the date of withdrawal.
- We recommend buyers to send the order by registered mail and as an insured shipment.
- Withdrawal from the contract must be made by the buyer in writing in a manner that doesn’t raise doubts that the withdrawal has taken place, or in the form of a record on another durable medium or using a form published on: https://www.vzdusnaakrobacia.sk/obchodnépodmienky-eshop.
- Withdrawal from the sales contract according to the previous point of these terms and conditions and complaint must contain the information required in the form, which is published on https://www.vzdusnaakrobacia.sk/obchodnépodmienky-eshop, in particular the identification of the buyer, the number and date of the order, the exact specification of the product, the manner in which the seller is to return the performance already received, the account number and / or postal address of the buyer.
- Do not send us the order back by cash on delivery, such an order will not be accepted.
- The e-shop operator will return the payment for the goods / service, including transport costs in accordance with Art. §9 par. 3) of Act no. 102/2014 Coll. as well as costs incurred to order within 14 days from the date of delivery of the withdrawal from the contract, but doesn’t have to return the money before the delivered order or the consumer doesn’t prove the shipment, this doesn’t apply if the seller suggested picking the goods himself. The consumer is entitled to a refund of the cost of the cheapest standard delivery method offered by the seller.
- In accordance with § 7 paragraph 6 of Act no. 102/2014 Coll. the customer cannot withdraw from the contract, the subject of which is:
– the sale of product made to the consumer’s special requirements, custom-made products or order intended specifically for one consumer,
1. The consumer bears any reduction in the value of the products caused by its use beyond what is necessary to determine the functionality and properties.
- More information and exact conditions on personal data, their processing and protection can be found : https://www.vzdusnaakrobacia.sk/ochranaosobnýchúdajov.
XIII. FINAL PROVISIONS
- All agreements between the seller and the buyer are governed by the laws of the Slovak Republic. If the relationship established by the sales contract contains an international element, the parties have agreed that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer’s rights under generally binding legislation.
- In relation to the buyer, the seller is not bound by any codes of conduct in accordance with the provisions of Act No. 250/2007 Coll. on Consumer Protection as amended;
- All rights to the seller’s website, in particular the copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the premission of the seller.
- The seller is not responsible for mistakes caused by third party intervention in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose.
- The sales contract, including the business conditions, is archived by the seller in electronic form and is not publicly available.
- The wording of the terms and conditions may be amended or supplemented by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
- The Slovak Trade Inspection is in charge of compliance with the seller’s obligations to the consumer.
- These business conditions are valid in the wording stated on the website www.vzdusnaakrobacia.sk/e-shop on the day of sending the order to the buyer, who unconditionally accepts them, which is also confirmed by an active click when confirming the order. The operator reserves the right to change or supplement the business conditions. However, for closed orders, the wording valid at the time of order execution applies.
These terms and conditions are valid from 14th July 2021 and cancel the previous wording of the general terms and conditions.