General terms and conditions of KVANT spol. s r.o.
(hereinafter referred to as “GTC”)
1. General terms
These terms of business are valid for contractual relations between KVANT spol. s r.o., CRN: 31 398 294, and its clients, including sale via internet portal WWW.FORSCHOOL.SK. The purpose of these terms of business is providing for rights and obligations of the seller (supplier) on the one hand and the buyer (orderer) on the other hand.
Apart from the general provisions of Civil Code also separate regulations, especially Act No 102/2014 Coll. on consumer protection during selling of goods and provision of services on the basis of an agreement concluded remotely or an agreement concluded away from the seller’s operation premises, Act No 250/2007 Coll. on consumer protection provide for business relations (as well as other legal relations that may arise from them) with natural persons not acting in accordance with these GTC during conclusion of business agreements in terms of their line of business.
Especially the provisions of Civil Code provide for the business relations (as well as other legal relations that may arise from them) with legal persons, or with natural persons – entrepreneurs.
2. Definition of terms
The seller as well as the operator of the internet shop WWW.FORSCHOOL.SK is KVANT spol. s r.o., CRN: 31 398 294, registered office at The Faculty of Mathematics, Physics and Informatics of Comenius University, Mlynská Dolina, Bratislava 842 48. The company is registered in the Commercial Register of Bratislava I District Court, section Sro, insert no. 9220/B. Tax ID No: 2020330565 VAT No: SK2020330565.
The buyer is any person (natural or legal) registered in the shop who sent an order, including an electronic order, following own authorization processed by the shop system.
The electronic order is understood to mean a sent electronic form that contains information about the buyer, a list of ordered goods offered by the shop and the price of these goods processed by the shop system or also an order sent as an email to the seller’s address.
GTC determine and specify in more detail the operator’s and the buyer’s rights and obligations and the current version thereof forms an inseparable part of the purchase agreement.
The goods – products offered by the operator for purchase from the shop.
The consumer – with respect to door-to-door selling and mail-order selling it is understood to mean a natural person who buys the goods or provided service in-kind payment and performance, while they don’t serve him or her for employment, occupation or business purposes.
3. Order, conclusion of agreement, withdrawing from agreement
3.1. When making a purchase of goods, the buyer will send an order specifying the ordered goods to the seller. When making a purchase in the internet shop, the buyer will click with the mouse on the “Purchase” button to place the goods into the shopping basket. Then the buyer can decide whether to complete the purchase (will fill in the prepared form) or continue in making the purchase. In case of accepting the order, the buyer will receive a confirmation of the order being accepted to the email address stated by the buyer. All other order-related information will be sent to the stated email address if required.
3.2. When making the purchase the following payments are possible:
3.3. The buyer is entitled to unilaterally cancel the purchase agreement even after receiving an order confirmation from the seller, within a period for paying the purchase price or even just a part of the purchase price.
3.4. In the event the buyer after paying even just a part of the purchase price won’t pay the rest of the purchase price or won’t accept the purchased goods, the seller is entitled to demand a compensation for the damage caused by the breach of the obligation that the contractual penalty relates to. The contractual penalty is determined at 20% of the price of the purchased goods.
3.5. The consumer is entitled to withdraw from the agreement within 14 days of the goods being accepted without giving a reason for doing so. The cost of returning the goods are borne by the buyer alone including the cost of returning the goods that due to their nature cannot be returned via post. The buyer is obliged to return the goods undamaged and complete, in a condition appropriate to the time of use. If the consumer returns the goods to the seller without original security features, e.g. with the security code removed or damaged, this kind of damage to the goods is considered by the contracting parties a serious damage to the goods, and the buyer won’t be entitled to having the price of the goods refunded.
3.6. The buyer cannot withdraw from the agreement due to reasons stated in article 7, section 6 of Act No 102/2014 Coll. on consumer protection during door-to-door and mail-order selling for these reasons:
3.7. The withdrawal from the agreement must be performed by the delivery of a written notice on the withdrawal from the agreement stated in Appendix 1 of GTC together with the delivery of all provided documents and goods that were supplied on the basis of the agreement that the withdrawal applies to. The withdrawal from the agreement is required to be in writing so that there are no doubts whether it is a withdrawal from the agreement, complaint (as to the quality of goods) or buyer’s other demand.
3.8. Following the order confirmation the seller has a right to withdraw from the purchase agreement if the ordered goods cannot be delivered within the stated period or the period determined by these GTC and the seller has not agreed with the buyer on an alternative performance or the buyer has not fulfilled obligations connected with making the order.
3.9. The buyer is obliged to pay the seller the price of the actually provided performance if he or she has withdrawn from the agreement on services after giving the seller a consent to commence the provision of a service prior to the expiry of the period for the withdrawal from the agreement.
4. Terms of delivery
4.1. The place of the performance of the agreement is understood to be the buyer’s registered office (residential address) or the place of business stated in the order unless the contracting parties have agreed otherwise (e.g. personal collection at the seller’s place). The goods will be delivered by the seller in the way stated in the order.
4.2. The delivery of goods is carried out by handover thereof to the buyer or handover of the goods for transport to the first shipper.
4.3. The proprietary right is passed to the buyer by the delivery of goods and after the payment of the purchase amount in full (agreement on reservation of proprietary rights).
4.4. The seller will deliver the goods to the buyer in the shortest possible time after receiving an electronic order; the goods will be shipped:
4.5. If the seller’s web page states on the day of placing the order other periods for different types of goods, they take precedence over the periods stated in point 4, letter a) or b).
4.6. The buyer agrees with the extension of the delivery period if the production of the ordered goods or other circumstances demand it. In the event the seller is unable to deliver all of the ordered goods to the buyer within the agreed period, the seller will notify the buyer of this fact as soon as possible and will inform him or her of the expected date of delivery of the ordered goods or will suggest a delivery of alternative goods to him or her.
4.7. When accepting the delivery of goods the buyer is obliged to check that the shipment is not physically damaged nor incomplete and to confirm this on the shipping note. If the shipment is visibly damaged or ruined, the buyer is obliged to contact the seller immediately without accepting the shipment. The shipping charges are not included in the price of the goods. The price of transport is charged according to the current price list stated on the page. If the goods are in stock, the orders are processed immediately. In the event the goods have not been distributed due to stock shortages, they will be distributed immediately after the stocks have been replenished.
4.8. The risk of damage to the products is passed on the buyer the moment the goods are accepted by the buyer or his or her authorized person, or the first shipper.
4.9. Together with the goods the seller will deliver to the buyer in written or electronic form all documents necessary for the acceptance and use of the goods and other documents prescribed by the valid legal regulations (instructions for use in the state language, warranty card, tax document).
5. Purchase price, payments, product illustration
5.1. The prices stated on the shop pages are valid only for a purchase via the shop system. The price does not include consulting services, shipping charges nor any other costs, unless it is stated in the product description. The price of the goods is determined according to the current price list. The seller undertakes to deliver the goods to the buyer for the price valid at the time of ordering the goods. All prices of the goods and services and all payments in the internet shop are stated excluding VAT.
5.2. Discount (special offer) prices and goods offers are clearly marked with a “special offer” or “sales” symbol. The discounted prices are valid while the stocks last or during the time stated next to the discounted price.
5.3. The photos are only illustrative and may differ from the actual product, since the producers reserve the right for product innovation. A product design that differs from the photo illustration does not constitute a reason for a complaint due to product defects.
6. Warranty, complaints
6.1. The seller is responsible for the defects of goods and services at the time of delivering the goods or provision of services or within the warranty period. The warrantee period for the performance of consumer agreements (Act No 40/1964 Coll. – Civil Code as subsequently amended) is determined to be at least 24 months from the day of concluding purchase agreement or limited by the use by date of the goods and begins on the day of accepting the goods and confirming the necessary documents connected with the goods by an authorized person with the exception of machine parts that have naturally limited lifespan (laser diodes and scanner parts).
6.2. Complaints are possible only with respect to goods purchased (after payment) from the seller. To file a complaint the buyer is obliged to fill in a complaint form and wait for the seller’s instructions, and subsequently to deliver the goods in question clean, mechanically undamaged, including manuals and warranty card or an invoice to the seller. The goods the complaint relates to are not to be sent via recorded delivery as the seller does not accept recorded deliveries. Information about service centers for warranty and postwarranty service is stated on the back page of the warranty card or the seller will inform the buyer of them by phone or email. After the successful filling in and sending off of the complaint form the buyer will receive an automatic confirmation of the complaint being received by an email. After filing a complaint the buyer will follow the instructions stated in the warranty card or he or she will contact the seller for clarification as to the filing of a complaint.
6.3. The seller will process the complaint immediately, in more complicated cases within 30 days of the complaint proceedings beginning.
6.4. The buyer is not entitled to use the warranty for defects he or she was notified of at the time of concluding the agreement or of which he or she must have known considering the circumstances at the time of concluding the agreement. The entitlement to use the warranty expires also by not informing of the obvious defects when accepting the goods, inexpert or harsh use or neglecting care of the goods, mechanical damage to the goods done by the buyer or the use thereof in conditions that do not correspond to natural environment.
6.5. The complaint may result in:
6.6. The buyer will be notified of the result of the complaint immediately after the end of the complaint proceedings by phone or email and at the same time a complaint protocol will be delivered to him or her by email or post together with the goods.
7. Discount coupons, gift coupons and service coupons
7.1. In the event a discount coupon is made use of contrary to the rules of the given discount or discount coupon, the seller is entitled to reject such use of the discount or discount coupon.
7.2. The conditions for the use of a discount are stated directly with the discount or there is a link with the discount to a web page where the rules are written out.
7.3. Every discount may be used only once unless it has been stated otherwise.
7.4. If the value of the gift coupon or discount coupon is higher than the value of the purchased goods, the difference will not be carried forward and the unused sum will not be refunded.
7.5. Discount coupon may be used only till the date marked on it, after this date the right arising from them expires.
7.6. The buyer is obliged to file a complaint in writing (an email will suffice) as to the defects of the provided service without undue delay, within 7 days of the service being provided at the latest. The seller will process the complaint with respect to the quality of the provided services within 7 days at the latest, in more complicated cases within 30 days, in writing (an email to the buyer’s email address will suffice).
8. Privacy protection
8.1. The buyer and the seller have agreed that the buyer, in case of being a natural person, is obliged to inform the seller of his or her first name and surname, permanent address including postal code, telephone number and email address.
8.2. The buyer and the seller have agreed that the buyer, in case of being a legal person or a selfemployed person, is obliged to inform the seller of their trade name, registered address including postal code, company registration no., tax ID no., telephone number and email address.
8.3. The buyer declares that he or she agrees, in terms of Act No 122/2013 on privacy protection and on amendment and supplementation of certain acts, that the seller may process and store his or her personal data, especially those that are stated above and/or are necessary for the seller’s activities, and process them in all of their information systems. The buyer grants this consent to the seller for an indefinite period. The consent for the personal data to be processed may be withdrawn by the buyer at any time in writing. The consent will expire 1 month after the delivery of the consent withdrawal by the buyer and the data will be subsequently deleted.
8.4 The seller pledges that the provided data will be used only for the purposes of concluding and performing the agreement on the basis of the terms of business determined by the seller. The processed data will not be made public, disclosed nor provided to a third party.
9. Final and interim provisions
9.1. These general terms and conditions are valid as stated on the operator’s internet page on the day of making the electronic order, with the exception that it has been expressly agreed otherwise between the contracting parties.
9.2. By sending an electronic order the buyer accepts all provisions of the version of general terms and conditions valid on the day of sending this order.
9.3. The buyer declares that prior to filling in the order he or she has familiarized himself or herself with these general terms and conditions and agrees with them.
9.4. The seller and the buyer have agreed that they fully recognize the electronic form of communication, especially via electronic mail and internet, as valid and binding for both contracting parties. The electronic form of communication is not acceptable in the event of withdrawing from the agreement. The electronic communication does not require a signature of the document with an advanced electronic signature.
SAMPLE FORM FOR AGREEMENT WITHDRAWAL
(fill in and send this form only if you wish to withdraw from the agreement)
– To: KVANT spol. s r.o., CRN: 31 398 294, registered office: The Faculty of Mathematics, Physics and Informatics of Comenius University, Mlynská Dolina, Bratislava, 842 48, Slovakia
– Hereby I announce that I withdraw from the agreement (name of the agreement) dated ...............................
– Agreement number: ...............
– Buyer’s identification data ................................................
– Buyer’s signature (only if he or she submits this form in paper form) .............................
– Date ..............