Terms and conditions
1. General provisions
1. These general conditions govern mutual rights and obligations between the seller:
Himalaya Trade s.r.o. with registered office at B. Němcovej 1907/11, 955 01 Topoľčany, ID number: 51044684, VAT number: 2120589009, registered in the Commercial Register of the Nitra District Court, Slovakia, Department Sro, Insert number: 44073/N, phone: 00421 949 379 678, e-mail : eshop@tibetskemisky.sk (hereinafter referred to as the "seller") and customers (hereinafter referred to as the "buyer"), resulting from the sales contract, the subject of which is the sale and purchase of goods via electronic commerce on the seller's website www.tibetskemisky.sk.
2. Definition of terms:
A consumer contract is any contract, regardless of the legal form, that the supplier concludes with the consumer.
The seller (supplier) is a person who, when concluding and fulfilling a consumer contract, acts within the scope of his commercial or other business activity.
The seller according to these Terms and Conditions is a company: Himalaya Trade s.r.o. with registered office at B. Němcovej 1907/11, 955 01 Topoľčany, ID: 51044684, VAT number: 2120589009, registered in the Commercial Register of the Nitra District Court, Slovakia Department Sro, Insert number: 44073/N
Buyer - consumer is a person or a company who buys products or uses services for personal use or for the needs of members of his household.
Buyer - an entrepreneur is a person or a company who acts within the scope of his business activity or other business activity and purchases products or uses services for the purpose of his business by reselling them or trading with them.
In the event that the buyer is a person or company who is not a consumer at the same time, their business-legal relations, which are not regulated by these general terms and conditions, are governed by the relevant provisions of Act No. 513/1991 Coll. Commercial Code as amended.
3. The contracting parties have agreed that the buyer, by sending the completed order to the seller, confirms that he agrees with the general terms and conditions, which are comprehensible to him, and their provisions will apply to all sales contracts concluded between the seller and the buyer. Based on the order, the seller will deliver the goods presented on the tibetskemisky.sk website to the buyer (hereinafter referred to as the "purchase contract").
4. General terms and conditions are an integral part of every purchase contract. In the event that the seller and the buyer enter into a written sales contract in which they agree on conditions different from the general business conditions, the provisions of the sales contract will take precedence over the general business conditions.
5. The list of goods on the tibetskemisky.sk website is a list of commonly sold products and the seller is not responsible for the immediate availability of all listed goods.
6. The seller is bound to the buyer by the offer of the presented goods on the website in question, including the price, within 24 hours from the sending of the notification of acceptance of the order.
3. Ordering process
1. After the order is created by the buyer, it will be registered in the seller's system. By submitting an online order, the order of the selected goods is considered binding for the buyer. The system confirms the created order by sending a notification of order acceptance to the contact e-mail entered during registration. Confirmation of the order by the seller creates a purchase contract. From this moment on, all rights and obligations arising from the complaints procedure, civil, or of the Commercial Code. The sent order is a draft purchase contract and is binding.
2. The buyer is obliged to provide true and complete information in all order forms, otherwise the order is invalid and the seller may not take it into account.
a). Slight differences in the color of the products may result from the different degree of color and setting of the screen or monitor.
3. The order is considered binding at the moment when the buyer's correctly and completely completed order is confirmed by a confirmation e-mail from the seller. The order is valid at the moment when the seller sends the buyer a confirmation email to the email address specified during the order process.
4. The binding acceptance of the order contains data on the name and specification of the goods, the sale of which is the subject of the purchase contract, data on the price and quantity of the goods, data on the delivery period of the goods, data on the place where the goods are to be delivered (address) and data on the price, conditions, method and date of transportation of the goods to the agreed place of delivery of the goods for the buyer, data about the seller (trade name, registered office, ID number, etc.), or other data.
5. The seller is not responsible for delivery delays and damage caused as a result of the buyer not entering all the required data when ordering and/or filling out the order form incorrectly. The seller is also not responsible for damage caused to the buyer as a result of the buyer forgetting his access password and/or the buyer's access password falling into the hands of unauthorized persons without the seller's involvement.
4. Seller
1. The seller is obliged to:
a. Confirm the contents of the buyer's electronic order by e-mail immediately (within three days) after its delivery to the seller, otherwise the purchase contract between the contracting parties has not been concluded.
b. Deliver the goods based on the buyer's order confirmed by the seller in the agreed quantity, quality and date.
c. Pack and send the goods (or just pack and prepare for personal collection) within the agreed period, no later than 5 working days after payment of the purchase price by the buyer. In the case of cash on delivery, the seller is obliged to pack and send the goods within 5 working days from the confirmation of the order by the seller. The moment of receipt of payment to the seller's account is considered the start of order processing. In the case of choosing cash on delivery, confirmation of the order by the seller is considered the start of order processing.
d. Hand over to the buyer together with the goods in written or electronic form at the latest all the documents necessary for taking over and using the goods and other documents prescribed by valid legal regulations (instructions in the Slovak language, warranty card, delivery note, tax document, etc.)
2. The seller is entitled to:
a. For proper and timely payment of the purchase price from the buyer for the delivered goods.
5. Buyer
1. The buyer is obliged to:
a. Take over the goods.
b. Pay the seller the agreed purchase price within the agreed due date, including the costs of delivering the goods.
2. The buyer is entitled to:
a. For the delivery of goods in the quantity, quality, date and place agreed by the contracting parties in the binding acceptance of the proposal.
b. To be informed that the ordered goods cannot be delivered to him.
6. Purchase price
1. The buyer is obliged to pay the seller the purchase price of the goods agreed in the purchase contract and/or according to the seller's price list valid at the time of the conclusion of the purchase contract, including the costs of delivery of the goods (hereinafter referred to as the "purchase price") in the form chosen during the ordering process and which is stated in the binding acceptance of the order. Unless otherwise stated, purchase prices are inclusive of value added tax.
2. The seller reserves the right to change the purchase price in the event of a change in legal regulations and a change in prices from manufacturers or suppliers of goods. The new prices of the goods are valid for the buyer on the day of their publication on the tibetskemisky.sk website. Such price adjustment does not apply to goods already ordered by the buyer, whose order has been confirmed by the seller. In the event that an obviously incorrect price appears on the seller's website for some goods, e.g. "0 EUR", the seller has no obligation to deliver the goods at the wrong price, but can offer the buyer to deliver the goods at the correct price. If the buyer does not agree with the proper price of the goods in this case, he can withdraw from the purchase contract.
3. The buyer is obliged to pay the seller the purchase price for the agreed goods no later than 5 working days after the binding acceptance of the order by the seller. If the buyer pays the seller the purchase price by non-cash transfer, the date of payment is considered the day when the entire purchase price was credited to the seller's account.
4. In the event that the buyer pays the seller the purchase price for the goods agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand the return of the purchase price only in accordance with the applicable legal regulations of the Slovak Republic.
5. In the event that the buyer does not pay the seller the entire purchase price within 5 working days from the binding acceptance of the order by the seller, the parties have agreed that the seller is entitled to withdraw from the purchase contract.
6. Payments for goods are made in Euro or CZK, using the options listed on the website tibetskemisky.sk in the section Business conditions/Payment and shipping.
7. Delivery conditions
1. The seller is obliged to fulfill the buyer's order and pack and send the goods (or only pack and prepare for personal collection) within the agreed period, no later than 5 working days from the binding acceptance of the buyer's order by the seller and payment of the purchase price by the buyer. When paying in advance and choosing personal collection, it is possible to pick up the ordered and already paid for goods at the seller's address after prior agreement with the seller.
2. The buyer is obliged to take over the goods at the place indicated in the acceptance of the buyer's order by the seller. After 14 days have passed since the day when the buyer was obliged to take over the goods, the seller is entitled to withdraw from the purchase contract. In the event that there is a delay in the delivery of the goods by the seller, the seller is entitled to unilaterally extend the deadline for the delivery of the goods, even repeatedly, for which the seller will issue a confirmation to the buyer.
3. The place of delivery of the goods is the place specified in the binding acceptance of the order by the seller, unless the contracting parties agree otherwise.
4. In the event that the seller sends the goods to the buyer to the agreed place, the buyer is obliged to take over the goods personally or to ensure that the goods are taken over by a person whom he authorizes to take over in case of his absence. The goods are considered delivered at the moment of delivery of the goods to the address specified in the binding acceptance of the order.
5. The buyer is obliged to check the shipment, i.e. the goods as well as their packaging immediately after delivery. In the event that the buyer discovers that the goods or the packaging of the goods is mechanically damaged, he is obliged to notify the carrier of this fact and check the condition of the goods in his presence. In the event of damage to the goods, the buyer is obliged to make a record of the extent and nature of the damage to the goods, the correctness of which will be confirmed by the carrier. On the basis of the record thus prepared and delivered to the seller, the seller can subsequently provide the removal of a defect in the goods, a discount on the goods or, in the case of irreparable defects, supply the buyer with new goods.
6. In case of non-delivery of the goods by the seller within the delivery period of 15 days, the buyer is entitled to withdraw from the purchase contract, and the seller is obliged to return the already paid purchase price to the buyer within 14 days from the delivery of the withdrawal from the purchase contract by cashless transfer to the buyer's account specified by the buyer.
7. The delivery period starts from the crediting of the purchase price to the seller's account, provided that the buyer has specified the correct variable symbol when paying. If the wrong variable symbol is indicated, the delivery period begins to run only after the payment is assigned to the buyer's order. In the case of payment by the buyer on cash on delivery, the delivery period starts from the moment the binding acceptance of the order is sent by the seller.
8. Risk of Damage and Acquisition of Title
1. The goods are the seller's property until full payment of the agreed purchase price, the buyer acquires ownership of the goods by fully paying the full purchase price for the goods and taking them over.
2. The risk of damage to the goods passes to the buyer at the time when he takes over the goods from the seller, or if he does not do so in time, then at the time when the seller allows him to handle the goods and the buyer does not take over the goods.
9. Withdrawal from the contract
1. The seller is entitled to withdraw from the purchase contract in the following cases:
a. In the event that the order could not be confirmed bindingly (incorrect phone number, e-mail, or the buyer is unavailable, does not respond to e-mails, etc.)
b. The goods are no longer produced or it is temporarily not within the seller's operational capabilities to deliver the goods to the buyer within the specified time limits due to stock out or unavailability of the goods or for reasons of force majeure or if he is unable to deliver the goods to the customer even after making all the efforts that can be fairly required of him within the period determined by these terms and conditions or at the price listed in the online store.
2. The seller is obliged to inform the buyer of this fact without unnecessary delay and to return to him the already paid purchase price for the goods agreed in the purchase contract within 14 days from the notification of withdrawal from the contract by transfer to the account designated by the buyer.
3. The buyer has the right to cancel the electronic order / withdraw from the contract, without given reason, at any time until the time of taking over the goods. The buyer is obliged to indicate the name and surname (company name), e-mail, description of the ordered goods and order number in the order cancellation notice. In case of cancellation of the order, the seller does not charge the buyer any fees related to the cancellation of the order. The buyer must cancel the order in writing to the seller's contact e-mail address listed on tibetskemisky.sk, or by sending a completed contract withdrawal form to the e-mail address: eshop@tibetskemisky.sk.
4. The consumer is entitled to withdraw from the contract without giving a reason within 14 days from the day of receiving the goods. The goods are considered to have been received at the moment when the consumer (or a third party designated by him, with the exception of the carrier) takes over all parts of the ordered goods.
By withdrawing the consumer from the contract, the contract is canceled from the beginning. The buyer - the consumer is obliged to return the received goods to the seller and the seller is obliged to take back the goods or not to continue providing the service, to return to the consumer the price paid for the goods or for the service or the advance paid by the consumer no later than within 14 days from the day of returning the goods and withdrawing from the contract for the goods or for the service, including the costs incurred by the consumer in connection with ordering the goods or services (including the postage paid by the buyer for the delivery of the goods from the seller to the buyer). The consumer sends the declaration of will to withdraw from the contract to the address of the seller's registered office:
Himalaya Trade s.r.o.
B. Němcovej 1907/11, 955 01 Topoľčany, Slovak business ID (IČO): 51044684,
phone: 00421 949 379 678, e-mail: eshop@tibetskemisky.sk
Or via the following form:
Contract withdrawal form.
The deadline for withdrawing from the contract is met if, on the last day of the deadline, the filled in withdrawal form is submitted to the post office for delivery to the seller or sent scan of the form on e-mail: eshop@tibetskemisky.sk
Unless the seller and the consumer agree otherwise, the consumer cannot withdraw from the contract, the subject of which are:
-goods made to order or to order (goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer),
-goods that are subject to a rapid reduction in quality or spoilage (food, desserts, cakes),
-goods enclosed in protective packaging that are not suitable for return due to health protection or hygiene reasons and whose protective -packaging was broken after delivery (underwear, sterile packaging, food, etc.),
-unpacked CDs, DVDs, computer games (sale of audio recordings, video recordings, audio-visual recordings, books or computer
-software sold in protective packaging, if the consumer has unpacked this packaging),
-newspapers, magazines and unwrapped books (sale of periodicals with the exception of sales based on a subscription agreement and sale of ---books not delivered in protective packaging),
-the so-called digital download (for example ebooks) - provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract, the sale of goods or the provision of a service, the price of which depends on the movement of prices on the financial market, which the seller cannot influence and which may occur during the period for withdrawing from the contract,
-the sale of goods which, due to their nature, can be inseparably mixed with other goods after delivery (for example, if the customer orders fuel that you fill in his tank), transportation of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed period, performing urgent repairs or maintenance for which the consumer has expressly requested the seller (this does not apply to service contracts and contracts whose subject is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order services or goods in advance),
-the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent, he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
-the sale of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days later, and their price depends on the movement of prices on the market, which the seller cannot influence
The buyer - entrepreneur does not have the right to withdraw from the contract according to this article!
10. Additional Provisions
1. The seller reserves the right to change these general terms and conditions. The obligation of written notification of changes in these general terms and conditions is fulfilled by posting them on the website of the seller's electronic store.
2. The seller is not responsible to third parties for possible infringement of copyrights, rights arising from industrial property and other similar rights providing legal protection according to special legal regulations to the buyer.
3. If the purchase contract is concluded in writing, any change to it must be in writing.
4. The contracting parties have agreed that communication between them will be carried out electronically in the form of e-mail messages, unless otherwise stated in these general conditions.
5. The generally binding legal regulations of the Slovak Republic apply to relationships not regulated by these general terms and conditions.
6. In the event that the buyer is a foreigner with a permanent residence outside the territory of the Slovak Republic, the contracting parties have agreed that this contract will be drawn up in the Slovak and English language, while in case of doubt regarding the provisions and interpretation of the contract, the Slovak version of the contract shall apply. The contracting parties hereby expressly declare that they choose the legal order of the Slovak Republic as the governing law for the regulation of their legal obligations and property relations arising from this contract. The contracting parties hereby expressly agree that in the event of a legal dispute arising from this contract, the jurisdiction of the courts of the Slovak Republic is given.
7. These general terms and conditions become effective against the buyer upon conclusion of the purchase contract.
8. By sending the order, the buyer confirms that he has read these general terms and conditions and agrees with them in their entirety.
9. By sending the order, the buyer confirms that the seller has timely and properly fulfilled the information obligations according to § 12 of Act no. 108/2000 on consumer protection in door-to-door sales and mail order sales, as amended.
The Operator fully respects the User's privacy, thus processing the User's personal data exclusively for the purpose of issuing invoices, orders and communications with the User. The operator is responsible for the fact that the User's personal data provided will not be used for other purposes, in particular they will not be made available to third parties (except for persons carrying out the delivery of shipments and documents). The User's personal data is processed to the extent necessary, securely and professionally. The Operator reserves the right to withdraw from the guarantee of safe handling of the User's personal data in the event of an attack on the server by an unknown perpetrator. In that case, the above data handling rules do not apply.
10. Information about customers - buyers is processed in accordance with Act No. 18/2018 Coll. on the protection of personal data, as amended. By concluding the contract, the buyer agrees to the processing and collection of personal data in the seller's database until the time of his written statement of disagreement with this processing delivered to the address of the seller's registered office or to the seller's email. The Seller processes the personal data of the Buyer - User in the following scope: first name, last name, address, e-mail, telephone number. Personal data of the Buyer - User are accessible only to the Seller and Buyer - User through the administration system of the WEXBO company. Access to personal data is limited by entering an access e-mail and password known only to the User. The Seller fully respects the user's privacy and thus processes his personal data exclusively for the purpose of issuing invoices, orders and communication with the User. Personal data is processed to the extent necessary, securely and professionally. The seller does not sell the buyers' personal data to any other person or third parties.
The exceptions are:
a) external carriers such as Slovenská pošta, Zásielkovňa, Zásilkovna, DPD, GLS, Česká pošta, to which personal data are sold exclusively for the purpose of fulfilling the order, i.e. delivering the goods to the buyer.
b) Heureka Shopping s.r.o. - Only customers who place an order on the e-shop website www.tibetskemisky.sk and by ticking the box at the last step of the order agree to provide their personal data to Heureka Shopping s.r.o. for the purpose of evaluating the quality of services provided by the seller within the heureka.sk portal and providing this evaluation to other users of the heureka.sk portal. The scope of the provided data consists of the customer's e-mail address. Heureka Shopping s.r.o. undertakes to ensure the protection of the personal data provided by technical and organizational means by safeguarding against damage, loss, destruction, unauthorized access, provision or disclosure or any other impermissible method of processing. Heureka Shopping s.r.o. is not authorized to further provide personal data of customers of the e-shop www.tibetskemisky.sk to third parties.
c) Tatiana Šutovská accountant - on the basis of the Agreement on the provision of accounting services and the GDPR agreement
The concluded contract is archived by the seller and is available to the buyer.
The buyer, with the voluntary option of confirmation on the website, agrees to the operator sending him information about current offers, presentations, competitions, etc. to his e-mail. The buyer is entitled to revoke the consent according to the previous sentence at any time to the seller's e-mail.
Expression of consent is voluntary and the buyer can freely withdraw it at any time in writing at the seller's address, while the withdrawal of consent does not have retroactive effects.
11. The Slovak Trade Inspection, SOI Inspectorate for the Nitra Region, PO BOX 49A, Staničná 9, 950 50 Nitra 1, Slovakia, Department of Technical Control of Products and Consumer Protection, supervises compliance with the operator's obligations.
12. Alternative dispute resolution:
a) The buyer - consumer - has the right to contact the seller with a request for redress (by e-mail to eshop@tibetskemisky.sk) if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights . If the seller responds negatively to this request or does not respond to it within 30 days from its sending, the consumer has the right to submit a proposal to initiate alternative dispute resolution to the alternative dispute resolution entity (hereinafter referred to as the ARS entity) pursuant to Act 391/2015 Coll. ARS subjects are authorities and authorized legal entities according to §3 of Act 391/2015 Coll. The proposal can be submitted by the consumer in the manner determined according to §12 of Act 391/2015 Coll. The list of ARS entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk.
b) The consumer can also file a complaint through the alternative dispute resolution platform of the RSO, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm
c) Alternative dispute resolution can only be used by a consumer - a person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a consumer and a seller arising from a consumer contract or related to a consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed the amount of EUR 20. The ARS entity may demand payment of a fee for starting an alternative dispute resolution from the consumer up to a maximum of EUR 5 plus VAT.
These terms and conditions apply as stated on the website www.tibetskemisky.sk on the day the order is sent to the buyer, who accepts them without reservation.
The seller reserves the right to change or supplement the terms and conditions.
These terms and conditions take effect on August 15. 2016.