Business Terms and Conditions of 13 s.r.o.
Registered office at Brusnicova 12316/20, 831 01 Bratislava, Slovakia
BID: 44 424 213
Tax ID: 2022696786
VAT ID: SK2022696786
registered in the Business Register of Bratislava I District Court, Section: Sro, Insert No.: 54774/B for the sale of products and services online at: www.prelude.sk
email: info@prelude.sk
phone: 0907979015
1. 1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the Company 13 s.r.o., with registered office at Brusnicova 12316/20, 831 01 Bratislava, Slovakia, BID: 44 424 213, registered in the Business Register of Bratislava I District Court, Section: Sro, Insert No.: 54774/B (hereinafter referred to as the “Seller”) adjust in accordance with provisions of the § 1751 para. 1 Commercial Order of Act No. 89/2012 Sb. Coll. (hereinafter referred to as the “Civil Code”) mutual rights and obligations of contracting parties arising based on the purchase contract (hereinafter referred to as “purchase contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Purchaser”) via online store of the Seller. The online store is run by the Seller on the website www.prelude.sk (hereinafter referred to as the “website”) through the website interface (hereinafter referred to as the “store website interface”).
1. 2. These Terms and Conditions do not apply to cases when the person who intends to purchase goods from the Seller is a legal person or a person who acts within a business activity or independent profession.
1. 3. Provisions different from the Terms and Conditions can be negotiated in the purchase contract. Different agreements in the purchase contract take precedence over the provisions of the Terms and Conditions.
1. 4. The Terms and Conditions are an integral part of the purchase contract. The purchase contract and the Terms and Conditions are in the Slovak language. The purchase contract is conducted in the Slovak language.
1. 5. The wording of the Terms and Conditions can be modified by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2. 1. The Purchaser can access the user interface based on the registration of the Purchaser on the website. The Purchaser can order goods from the interface (hereinafter referred to as “user account”). If the store web interface allows, the Purchaser can order goods without registration directly from the store web interface.
2. 2. When registering on the website and ordering goods, the Purchaser is obliged to enter the correct data. The Purchaser is obliged to update the data given in the user account in case of any change. The Seller considers data provided by the Purchaser in the user account and when ordering goods correct.
2. 3. Access to the user account is secured by a username and password. The Purchaser is obliged to maintain confidentiality regarding the information necessary to access the user account.
2. 4. The Purchaser is not authorized to allow third parties the use of the user account.
2. 5. The Seller is allowed to delete the user account if the Purchaser does not use the account for more than 12 months, or violated obligations arising from the purchase contract.
2. 6. The Purchaser acknowledges that the user account may not be available continuously, primarily with regard to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of hardware and software equipment of third parties.
3. 1. The goods presented on the store web interface are informative and the Seller is not obliged to conclude the purchase contract regarding these goods. The provision of § 1732 para. 2 shall not apply.
3. 2. The store web interface contains information about the goods, including the prices and the costs for returning the goods in case that the goods cannot be returned by postal service. The prices listed include VAT and all fees. The prices remain valid for the time they are displayed on the store web interface. This provision does not limit the Seller to conclude the purchase contract under individually negotiated conditions.
3. 3. The store web interface contains information on packaging and delivery costs. The information listed on the store web interface applies exclusively in case the goods are delivered within the Slovak Republic.
3. 4. The Purchaser fills out an order form on the store web interface to order goods. The order form contains information about:
3. 4. 1. the ordered goods “added” to the electronic cart of the web interface of the store, 3. 4. 2. methods of payment, data on the required delivery method of the ordered goods and 3. 4. 3. further information on the delivery costs (hereinafter referred to as the “order”).
3. 5. Before sending the order to the Seller, the Purchaser shall check and edit the order data, as well as take into account the possibility of detecting and correcting possible errors that occurred when entering the order data. The Purchaser sends the order to the Seller by clicking the “order with obligation to pay” button. Given data are considered correct according to the Seller. Immediately after receiving the order, the Seller confirms the receipt by sending an E-mail specified in the user account or the order (hereinafter referred to as the “electronic address of the Purchaser”).
3. 6. The Seller is entitled to ask for additional confirmation of the order, depending on the nature of the order (quantity of the goods, price, and estimated delivery costs) in written form or by phone call.
3. 7. The contractual relationship between the Seller and the Purchaser is established by received order delivery which is sent to the electronic address of the Purchaser.
3. 8. The Purchaser agrees to the long-distance communication when concluding the purchase contract. The costs incurred by the Purchaser during the purchase contract conclusion (the costs of communication via the Internet or by phone call) are paid by the Purchaser, while these costs do not differ from the standard rate.
4. 1. The Purchaser can pay for the goods and delivery costs according to the purchase contract in the following ways:
– via PayPal
– via WebPay payment gateway
4. 2. The Purchaser is obliged to pay for the packaging costs and the delivery in the agreed amount. Unless stated otherwise, the purchase price includes the delivery costs.
4. 3. The Seller does not require any deposit or other payment of similar nature. This does not affect provisions of article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4. 4. In the case of the payment via PayPal and the payment gateway, the Purchaser follows the instructions of the electronic payment providers.
4. 5. In the case of non-cash payment, the Purchaser is obliged to pay the purchase price of the goods with a variable symbol, and is obliged to pay the purchase price at the moment the relevant amount is credited to the account of the Seller.
4. 6. The Seller is entitled to demand the payment of the purchase price before sending the goods to the Purchaser, especially if the Purchaser does not provide additional confirmation of the order (article 3.6). Provisions of § 2119 para. 1 shall not apply.
4. 7. Discounts provided by the Seller cannot be combined.
4. 8. The Seller shall issue an invoice regarding the payment, if usual in business dealings or stipulated by law. The Seller is a VAT payer who issues the invoice after payment of the price of the goods and sends it in the electronic form to the electronic address of the Purchaser.
4. 9. Pursuant to the Sales Registration Act, the Seller is obliged to issue a receipt. The Seller is obliged to register received sales with the tax administrator online; in case of technical failure within 48 hours at the latest.
5. 1. Pursuant to the provisions of § 1837, the Purchaser acknowledges it is not possible to withdraw from the purchase contract for the goods customized or modified according to the wishes of the Purchaser.
5. 2. The Purchaser has the right to withdraw from the purchase contract within 14 days of receiving the goods, in accordance with the provisions of § 1829 para. 1, or if it is not a case mentioned in article 5. 1. of the Terms and Conditions, or a case where it is not possible to withdraw from the purchase contract. In case that the subject of the purchase contract is several types of goods, this period starts from the moment of receiving the goods. Withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the purchase contract, the Purchaser can use the sample form provided by the Seller. Withdrawal from the purchase contract can be sent to the address of the business or E-mail address info@prelude.sk and info@doroti.sk.
5. 3. The purchase contract is canceled in case of withdrawal from the purchase contract according to article 5. 2. of the Terms and Conditions. The goods must be returned to the Seller within 14 days of the withdrawal from the purchase contract. In case the Purchaser withdraws from the purchase contract, the Purchaser shall cover all costs associated with the
return of the goods even if the goods cannot be returned due to their nature.
5. 4. In case of withdrawal from the purchase contract according to article 5. 2. of the Terms and Conditions, the Seller shall return the money received from the Purchaser within 14 days of the withdrawal from the purchase contract the same way the Seller received the money. The Seller is entitled to return the money in another way than it was when received from the Purchaser, as long as the Purchaser agrees and no additional costs are incurred for the Purchaser. If the Purchaser withdraws from the purchase contract, the Seller is not obliged to return the money before the Purchaser returns the goods or proves sending the goods back to the Seller.
5. 5. The Seller is entitled to a compensation claim for damage caused to the goods against the claim for a refund.
5. 6. In case the Purchaser has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 para. 1, the Seller is also entitled to withdraw from the purchase contract at any time up to accepting the goods by the Purchaser. In such case, the Seller shall return the purchase price to the Purchaser without any delay to the account of the Purchaser.
5. 7. In case the Purchaser receives a gift from the Seller, the gift contract loses its effectiveness and the Purchaser is obliged to return the gift to the Seller with the goods.
6. 1. Transport and delivery ensures the Seller through Slovak Post or the courier service of Slovak Post, and the prices are stated in the order form. Shipping for orders over 100€ is free.
6. 2. Delivery time for stocked goods by mail is 2-4 days and by courier 1-3 days. Delivery time applies to orders delivered within the Slovak Republic. Delivery to other countries may take longer as Purchaser will be informed about delivery time via E-mail.
6. 3. Delivery time for customized goods and goods adjusted to the requirements of the Purchaser is 10-30 days depending on the availability of all components necessary for the production of the goods. The Purchaser will be notified about delivery time via E-mail.
6. 4. In case a special transport method is requested by the Purchaser, the Purchaser is responsible for any additional costs associated with the requested transport method.
6. 5. The Purchaser is obliged to take the delivered goods over in case the Seller is obliged to deliver the goods to a location specified by the Purchaser.
6. 6. The Purchaser is obliged to pay the costs associated with the repeated delivery or costs associated with different delivery methods.
6. 7. The Purchaser is obliged to check the packaging of the goods and notify the carrier immediately when receiving the goods from the carrier in case of any defect. The Purchaser is not obliged to take the goods over after observing packaging damage indicating unauthorized intrusion into the package.
6. 8. Other rights and obligations of the parties during the transport of the goods may be regulated by the special delivery conditions of the Seller.
7. 1. Rights and obligations of the contracting parties regarding rights from defective performance comply with legal regulations (mainly the provisions of § 1914 to § 1925, § 2099 to § 2117 and § 2161 to § 2174 and Act. No. 634/1992 Sb. on Consumer Protection, as amended).
7. 2. The Seller is responsible for the goods free of defects upon receipt. The Seller is also responsible for:
7. 2. 1. the goods having the properties agreed upon by the parties and in absence of agreement, the goods having the properties described by the Seller or manufacturer, or the properties based on the advertising;
7. 2. 2. the goods being suitable to use for the purposes stated by the Seller or other purposes usual for that type of goods,
7. 2. 3. quality or design of the goods corresponding to the agreed model or sample in case the quality or design were determined,
7. 2. 4. the goods being in the corresponding quantity, weight, or measure and 7. 2. 5. the goods complying with all requirements of legal regulations.
7. 3. Provisions listed in article 7. 2. of the Terms and Conditions shall not apply to goods sold at a lower price due to defect for which the lower price was agreed on, due to wear and tear caused by ordinary use, due to defect corresponding with the degree of use or wear and tear when the Purchaser took the goods over, or if it results from the nature of the goods.
7. 4. The goods are considered defective upon acceptance if the defect becomes apparent within 6 months of its acceptance. The Purchaser is entitled to exercise the right from the defect that occurred within 24 months of the acceptance of the goods.
7. 5. Rights from defective performance are exercised by the Purchaser at the address of the business of the Seller where the complaint acceptance is possible with regard to the range of the sold goods, at the registered office, or place of business.
7. 6. Further rights and obligations of the parties related to the liability for defects may be regulated by return policy.
8. 1. The Purchaser acquires ownership of the goods by paying the total purchase price of the goods.
8. 2. The Seller is not bound by any codes of conduct in relation to the Purchaser according to § 1826 para. 1 letter e) of the Civil Code.
8. 3. Complaints are handled by the Seller via E-mail info@prelude.sk and info@doroti.sk. The Seller will send information about the processing of the complaint to the electronic address of the Purchaser.
8. 4. Slovak Trade Inspection is designated for out-of-court settlements of consumer disputes arising from the purchase contract:
∙ Slovak Trade Inspection with the seat at Prievozska 32, 827 99 Bratislava, BID: 17 331 927, which can be contacted for the stated purpose at the address Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozska 32, 827 99 Bratislava 27, or at ars@soi.sk and adr.@soi.sk. Internet address: https://www.soi.sk
8. 5. The European Consumer Centre in Slovak Republic, with registered office at Mlynske nivy 4924/44A, 827 15 Bratislava, Internet address: https://esc-sr.sk is the contact point according to Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013, on online dispute resolution for consumer disputes and the amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
8. 6. The Seller is authorized to sell goods on the basis of a trade license. Trade inspection is carried out by the relevant office within its scope.
The trade inspection is carried out within the scope of its competence by the relevant District office and trade business department. Slovak Trade Inspection supervises compliance with Act No. 250/2007 Coll. on consumer protection as amended.
8. 7. The Purchaser hereby assumes the risk of a change in circumstances in accordance with § 1765 para. 2.
You can find more about personal data protection on the GDPR page.
10. Notifications and Cookies
10. 1. The Purchaser agrees to send information related to the goods, services, or company to the electronic address of the Purchaser and further agrees to receiving business notifications to the electronic address of the Purchaser.
10. 2. The Purchaser agrees to accept and save Cookies. In case the purchase on the website is possible and the obligations of the Seller arising from the purchase contract can be fulfilled without Cookies, the Purchaser can delete Cookies.
11. 1. Newsletter can be delivered to the electronic address of the Purchaser.
12. 1. If the relationship established by the purchase contract contains foreign (international) elements, the parties agree that the relationship is governed by Slovak law.
12. 2. According to article 12. 1 of the Terms and Conditions, the Consumer is not deprived of the protection provided by the provisions of the legal regulations, from which is not possible to deviate and which would otherwise be used according to the provisions of Art. 6 para. 1 Regulation of the European Parliament and of the Council (EC) No. 593/2008 of June 17, 2008, on the law applicable to contractual obligations (Rome I).
12. 3. In case some provisions of the Terms and Conditions are invalid or ineffective (or become so), the invalid provisions shall be replaced by provisions with a meaning close to that of invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.
12. 4. The purchase contract, including the Terms and Conditions, is archived in electronic form and not accessible.
12. 5. The annex to the Terms and Conditions consists of a sample form for the purchase contract withdrawal.
12. 6 Contact details of the Seller:
email: info@prelude.sk
phone: 0907979015
In Bratislava, January 2019
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