General terms and conditions for the supply of goods and services

Annex no. 1

General terms and conditions

for the SUPPLY OF GOODS AND SERVICES

No. 1/2020

The company EKOMA – design, a.s., with its registered office at Dlhé diely I 3454/6, 841 04 Bratislava – city section Karlova Ves, IČO: 47 131 705, DIČ: 2023773554, IČ DPH: SK2023773554, registered in the Commercial Register of the District Court Bratislava I, section Ltd., insert no. 5756 / B

Article I.

Introductory provisions

 1.1.   These General Terms and Conditions for the Supply of Goods and Services (hereinafter referred to as the “GTC”) set out the general rules for the supply of goods or services or goods and services for EKOMA – design, a.s., with its registered office at Dlhé diely I 3454/6, 841 04 Bratislava – city section Karlova Ves, IČO: 47 131 705, DIČ: 2023773554, IČ DPH: SK2023773554, registered in the Commercial Register of the District Court Bratislava I, section Sa, insert no. 5756 / B, on the basis of a purchase or otherwise designated contract to which these GTC apply.

1.2.   For the purposes of these GTC and the contractual relations to which these GTC apply, the term “Supplier” means the business company EKOMA – design, a.s., with its registered office at Dlhé diely I 3454/6, 841 04 Bratislava – city section Karlova Ves, IČO: 47 131 705, VAT No .: 2023773554, VAT No .: SK2023773554, entered in the Commercial Register of the District Court Bratislava I, Section Sro, File no. 5756 / B.

1.3.   For the purposes of these GTC and the obligations to which these GTC apply, the term “Customer” means an entity that has concluded a contract with the Supplier, the subject of which is the delivery of goods or services by the Supplier to the Customer, and which contains a clause according to which the relations are established by the rules specified in these GTC.

1.4.   If the Customer is a natural person who does not act within the scope of his/her business, employment, or profession when concluding this contract, he/she is considered a consumer (hereinafter also referred to as “Consumer”). Legal relations between the Supplier and Consumers not expressly regulated by these GTC are governed by the relevant provisions of Act no. 40/1964 Coll., Civil Code (hereinafter also referred to as the “Civil Code”), as well as related regulations, in particular Act No. 250/2007 Coll. on Consumer Protection (hereinafter also referred to as the “Consumer Protection Act”) and Act no. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services under a distance or off-premises contract with the seller (hereinafter referred to as “Consumer protection in the sale of goods or the provision of services under a distance or off-premises contract with the seller”).

1.5.   An entrepreneur is defined as – a person registered in the Commercial Register, a person who conducts business on the basis of a trade license, a person who conducts business on the basis of a license other than a trade license, a person who carries out agricultural production and is registered in accordance with a special regulation. For the purposes of the GTC, an entrepreneur is also understood to be a person who acts in accordance with the previous sentence within the scope of his/her business activity. If a Customer states his/her identification number (IČO) on the order, then he/she acknowledges that the rules set out in these GTC apply to entrepreneurs. The legal relations of the Supplier with a Customer that is an entrepreneur that are not expressly regulated by these GTC or the contract between the Supplier and the Customer are governed by the relevant provisions of Act no. 513/1991 Coll., the Commercial Code as amended (hereinafter also referred to as the “Commercial Code”), as well as related legislation. In case of any differences between the GTC and the individual contract, the text of the contract takes precedence.

1.6.   For the purposes of these GTC and the obligations to which these GTC apply, the term “Contract” means a special purchase contract or otherwise designated contract concluded between the Supplier and the Customer, the subject of which is, in particular, the Supplier’s obligation to deliver goods or services or goods and services to the Customer as specified in this contract and the Customer’s obligation to pay the Supplier for these goods or services, or goods and services, the agreed purchase price, containing a clause according to which the relations established by it are governed by the rules specified in these GTC, including all annexes. Such a contract may or may not be concluded at a distance.

For the avoidance of doubt, it is stated that the price offer that is accepted by the Customer in accordance with the relevant provisions of these GTC is considered to be a Contract, the content of which is determined by the content of the accepted price offer and these GTC.

1.7.   For the purposes of these GTC and the obligations to which these GTC apply, the term “Contracting Parties” means the Supplier and the Customer, and the term “Contracting Party” can mean any of the contracting parties.

1.8.   For the purposes of these GTC and the obligations to which these GTC apply, the term “Third Party” means any third party other than the Contracting Parties.

1.9.   For the avoidance of doubt, the Contracting Parties state that under the phrase stating that the subject of the Contracting Parties’ obligations under the Contract and these GTC is the supply of “goods or services”, they mean that the subject of performance under the Contract, depending on the specification of the subject, regular or irregular continuous or one-off delivery of either goods or services, or goods and services at the same time, which are, but are not limited to, services connected with the delivery and assembly of the delivered goods.

1.10.   For the purposes of these GTC and the obligations to which these GTC apply, the performance provided by the Supplier to the Customer will also be referred to as “Goods”, regardless of its nature, i.e., regardless of whether it is the delivery of goods, services, or goods and services at the same time.

1.11. The specifics of the relationship between the Supplier and the Customer are mainly, but not limited to, the specification of the goods, the place of delivery of the goods, the delivery time, and the amount of the Supplier’s remuneration, and they are specified in the Contract and its annexes and otherwise marked parts. These GTC contain rules of delivery which are common to all contractual partners of the Supplier, in the situations in which these GTC apply.

 

Article II.

Information security and protection

 2.1.   When purchasing products and services, the Customer provides the following information: name and surname / business name, permanent residence / registered office, in the case of a Customer who is not a Consumer there is also ID number, VAT number, VAT number, email address, and telephone number. The data are necessary for the identification of the Customer and further communication in order to deliver the goods.

2.2.   The conditions of personal data processing and the specifications of specific personal data, with the processing of which the Customer hereby consents, are contained on the website of the Supplier at ekoma.sk in the Personal Data Protection section.

2.3.   The following information is required from the Customer within the claims procedure: name, surname, address, telephone number, email, and signature or biometric signature. All personal data obtained in this way are processed exclusively for the purposes necessary to handle the claim and in accordance with Act no. 122/2013 Coll. on the protection of personal data, as amended and effective. The customer has the right to access and correct their personal data, including the right to request an explanation and removal of erroneous data and other legal rights to this data.

 

Article III.

Conclusion of the Contract

 3.1.   The Supplier as the seller concludes the Contract with the Customer as the buyer, usually via email communication, which is preceded by the Customer’s email or telephone request or the offer from the Supplier.

3.2.   Based on the Customer’s demand or the Supplier’s offer, in which the Customer has expressed interest, in addition to the data provided by the Customer, the Supplier shall prepare a price offer for the Customer (hereinafter also referred to as the “Price Offer”), containing in particular:

  • 3.2.1.   identification of the Supplier (at least: business name and registered office) and contact details of the Supplier (at least: telephone number, email address, identification of the responsible person); and
  • 3.2.2.   identification of the Customer – Consumer (at least: name and surname) and the contact details of the Consumer (at least: telephone number and email address and identification of the Customer – entrepreneur (at least: business name and registered office) and the contact details of the Buyer (at least: telephone number, email address, identification of the responsible person); and
  • 3.2.3.   the specification of the types of goods and services, the quantity, the main features and, where appropriate, the serial number (s) or other personalization elements of the goods and services; and
  • 3.2.4.   the unit price of goods and services, the total price of goods and services, including value added tax and all other taxes; and
  • 3.2.5.   the terms of payment; and
  • 3.2.6.   the place of delivery and delivery conditions, the delivery price and other costs associated with the delivery of the goods; and
  • 3.2.7.   the period within which the Supplier undertakes to deliver the goods and services; and
  • 3.2.8.   other facts, obligations, and information relating to the sale and purchase of goods and services; and
  • 3.2.9.   the Supplier shall send the price offer to the Customer to the email address specified by the Customer in previous telephone or other communication.

3.3.   The Contract is concluded by the Customer providing confirmation to the Supplier by sending an email or by post to the Supplier’s address that he/she accepts the Price Offer sent by the Supplier. The Customer confirms the Price Offer by printing, signing, and sending it by post to the address EKOMA design, a.s., New Living Center, Rožňavská 5303/4, 821 01 Bratislava, or by printing, signing, scanning, and sending it by email to ekoma@ekoma.sk . Sending a confirmation of the Price Offer with an amendment to the Price Offer or with a deviation from the Price Offer is not considered a confirmation of the Price Offer. By sending such a confirmation, the Contract is not concluded between the Supplier and the Customer.

3.4.   The Contract will not be concluded if, due to an information system failure, other technological defect or error, due to an error or otherwise, an incorrect purchase price of goods and services is published or a Price Offer is sent with an incorrect purchase price of goods and services, i.e., an extremely low or high purchase price for goods and services or otherwise an incorrect purchase price of goods and services or other conditions of sale of goods and services incorrect for other reasons that do not correspond to the actual intention of the Supplier. In such a case, an information system failure, other technological defects or errors, due to an error or another reason resulting in an error in stating the purchase price of goods and services or other errors in the conditions of sale of goods and services, the agreement will not be concluded and the Supplier is entitled to correct the error specified in its information system or in the Price Offer and notify the Customer of an error by stating the correct value in its information system or in the Price Offer and to send the Customer a new Price Offer. The Contract will then be concluded upon the re-acceptance of the new Price Offer, which will contain the correct data on the purchase price of goods and services or on other conditions for the sale of goods and services by the Supplier. The acceptance of unsolicited fulfillment by the Customer does not in itself mean the conclusion of the Contract.

3.5.   By accepting the Price Offer, the Customer also declares that he/she agrees that the binding legal relationship of the Contracting Parties established by the Contract and related to the Contract will be governed by these GTC, while the Customer also declares that before sending the Price Offer, i.e., before concluding the Contract, he/she has read them in detail, fully understanding their content and all the conditions, and that he/she agrees with their content and the conditions contained therein.

3.6.   The resulting Contract (including the agreed price) may be changed or canceled only on the basis of the agreement of the Contracting Parties or on the basis of legal reasons or in accordance with these GTC in the event of an error by the Supplier.

 

Article IV.

Rights and obligations of the Customer

 4.1.   The Customer has the right to the proper and timely delivery of Goods and Services to the Supplier in accordance with the conditions specified in the Contract, the annexes to the Contract, and all other parts of the Contract.

4.2.   The customer undertakes:

  • 4.2.1.   to take over the purchased and ordered goods and services at the request of the Supplier; and
  • 4.2.2.   pay the Supplier the agreed purchase price in the agreed manner, including the costs of delivery of goods and services and other possible costs associated with the delivery of goods and services, which were agreed upon in the Contract; and
  • 4.2.3.   confirm the receipt of the goods and services in the delivery note with a signature or the signature of the person authorized by him/her.

4.3.   In the event of a breach of the obligations specified in the provisions of para. 4.2.1. and 4.2.2. of this article of these GTC by the Customer, the Supplier has the right to claim against the Customer a contractual penalty in the amount of 20% of the agreed purchase price. This does not affect the Supplier’s right to compensation for damages and the right to assert other claims against the Supplier arising from the law due to a breach of the Customer’s contractual obligations.

 

Article V.

Rights and obligations of the Supplier

 5.1.   The Supplier has the right to a proper and timely payment of the purchase price agreed in the Contract from the Customer for the goods, in the manner specified in these GTC, unless another method of payment of the purchase price has been agreed upon in the Contract.

5.2.   The supplier undertakes:

  • 5.2.1.   to deliver the Goods to the Customer in accordance with the conditions specified in the Contract, the annexes to the Contract, and all other parts of the Contract; and
  • 5.2.2.   to proceed with the delivery of the goods with professional care and to deliver the goods properly and on time, in accordance with the applicable legal regulations; and
  • 5.2.3.   to hand over to the Customer at the latest along with the Goods in written or electronic form all the documents necessary for taking over and using the goods and other documents as prescribed by relevant valid legal regulations or as agreed by the Contracting Parties (e.g., instructions, warranty card, delivery note, tax documents).

5.3.   The Supplier has the right to cancel the Price Offer before concluding the Contract or withdraw from the already concluded Contract due to a sale of stocks, unavailability of the goods, finding that the goods do not comply with relevant applicable legislation, or other conditions specified in the Contract and otherwise exchanged by the Customer or for other reasons related to the goods and their delivery to the Customer not being able to take place within the period specified in the Contract or under the fulfillment of other conditions specified in the Contract, unless otherwise agreed with the Customer. The Customer will be informed by telephone or email about the cancellation of the Price Offer or withdrawal from the Contract according to this provision of these GTC, and in case of payment of the Purchase Price or part of it, the funds will be returned to him/her within 5 working days of the cancellation of the Price Offer or the withdrawal from the Contract according to of this provision of these GTC, unless otherwise agreed upon with the Buyer and the Seller.

 

Article VI.

Purchase price and payment terms

 6.1.   The Customer is obliged to pay the Supplier the purchase price of the Goods agreed in the Contract, including the costs of delivery of the goods specified in the Contract.

6.2.   The Customer will receive the goods at the price valid at the time of concluding the Contract. A Customer that is a Consumer has the opportunity to get acquainted with the total price, including VAT and all other fees (PHE, etc.) before confirming the Price Offer. This price will be stated in the Price Offer. A Customer that is a consumer has the opportunity to become acquainted with the facts as long as the offer or price remains valid before accepting the Price Offer.

6.3.   The preferred method of payment of the purchase price, including the cost of delivery of the goods, is payment in advance to the Supplier’s bank account, based on an advance invoice issued by the Supplier that is sent to the Customer’s email address. After confirming the Price Offer, the Supplier shall issue an advance invoice to the Customer in the amount of 70% of the purchase price, which it shall send to the Customer’s email address. Before delivering the goods, the Supplier shall issue an advance invoice to the Customer for the remaining 30% of the purchase price and send it to the Customer’s email address. After full payment of the purchase price and receipt of the goods, the Supplier shall issue a final invoice to the Customer. In the event that the Customer and the Supplier do not agree otherwise, this method of payment of the purchase price, including the costs of delivery of the goods, shall apply.

6.4.   The Customer shall pay the purchase price for the goods, including the costs of delivery of the goods, to the Supplier’s bank account specified in the advance invoice. In order to speed up the identification of the Customer’s payment, the Customer shall mark his/her payment with the variable symbol indicated on the advance invoice.

6.5.   The Customer undertakes to pay the purchase price on the basis of the advance invoice, including the costs of delivery of the goods within the period specified on the advance invoice.

6.6.   All delivery times agreed by the Contracting Parties do not come into effect until the advance invoice of 70% of the purchase price has been paid. In the event that the Buyer is late in paying the purchase price, the delivery times will be extended accordingly.

6.7.   In the event that the Customer’s delay in paying the purchase price, including the cost of delivery of the goods, lasts longer than 7 days, the Supplier is entitled to withdraw from the Contract.

6.8.   The goods remain the property of the Supplier until full payment of the purchase price and the takeover of the goods, but the risk of damage to the goods passes through the takeover of the goods to the Customer.

 

Article VII.

The Supply of Goods

 7.1.   The Supplier shall deliver the goods to the Customer complete, within the period agreed in the Contract. The deadline for delivery of the goods is extended by the time that elapses from the sending of the Price Offer until its approval by the Buyer and the payment of a deposit of 70% of the purchase price. The deadline for the delivery of the goods is also extended by the duration of any obstacles for the Customer.

7.2.   The Supplier shall deliver the goods to the Customer at the place agreed in the Contract.

7.3.   The Customer is obliged to arrive at the place of delivery of the goods and take over the goods at the agreed time, or at the request of the Supplier.

 

Article VIII.

Withdrawal from the contract by a Customer that is a Consumer

 8.1.   Pursuant to the provisions of Section 7 of the Consumer Protection Act when selling goods or providing services on the basis of a distance contract or a contract concluded outside the seller’s premises, a Customer that is a Consumer has the right to withdraw from such a contract without giving a reason within 14 calendar days from taking over the goods or from the conclusion of the contract for the provision of services, while it is necessary that a letter of withdrawal from the contract be sent to the Supplier within the specified period. The Customer has this right even if he/she has picked up the ordered goods in person at the Supplier’s place of issue. The instructions on the exercise of the consumer’s right of withdrawal, together with the withdrawal form, can be viewed here. The above does not apply to the conclusion of the contract by the Consumer at the Supplier’s premises.

8.2.   Withdrawal from the contract means the goods are to be sent to this address: EKOMA design, a.s., New Living Center, Rožňavská 5303/4, 821 01 Bratislava. If the Customer wants to exercise this right, he/she is obliged to deliver the written withdrawal from the contract in person to the contact address of the Supplier no later than the last day of the specified period or to deliver this withdrawal by post no later than the last day of the period to the address specified in the contacts. After notifying of the withdrawal from the contract, the Customer is obliged to send or deliver the subject of the contract from which he withdraws together with all documentation – e.g., the original invoice, instructions, and other documentation for the goods that was delivered along with the goods, but no later than within 14 days of the date of withdrawal (§10 paragraph 1 of the Act). The cost of returning the goods is borne by the Customer. The money for the returned goods will be returned to the Customer – Consumer no later than 14 days from the delivery of the notice of withdrawal from the purchase contract.

8.3.   Except where withdrawal is expressly agreed, the consumer may not withdraw from the contracts:

  • 8.3.1.   on the provision of the service, if the provision of the service has begun with the express consent of the consumer and the consumer has stated that he/she has been duly informed that by giving his/her consent he/she loses the right to withdraw from the contract after the full provision of the service and if the full provision of the service has taken place,
  • 8.3.2.  on the sale of goods or the provision of services, 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 withdrawal from the contract,
  • 8.3.3. on the sale of goods made according to the consumer’s specific requirements, custom-made goods, or goods intended specifically for one consumer,
  • 8.3.4.   on the sale of goods which are subject to rapid deterioration or deterioration,
  • 8.3.5.   on the sale of goods enclosed in protective packaging which cannot be returned for health or hygienic reasons and whose protective packaging has been broken after delivery,
  • 8.3.6.   on the sale of goods which, by their nature, may be inextricably mixed with other goods after delivery,
  • 8.3.7.   on the sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, while their delivery can take place after 30 days at the earliest and their price depends on market price movements which the seller cannot influence,
  • 8.3.8.   to perform urgent repairs or maintenance as explicitly requested by the Customer for the seller; this does not apply to service contracts and contracts having as its object the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the seller’s visit to the consumer and the consumer did not pre-order these services or goods,
  • 8.3.9.   on the sale of phonograms, video recordings, phonograms, books, or computer software sold in protective packaging, if the consumer has removed the packaging,
  • 8.3.10.  on the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
  • 8.3.11.  on the provision of accommodation services other than accommodation, the transport of goods, car rental, the provision of catering services, or the 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 time,
  • 8.3.12.  on the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer has stated that he/she has been duly informed that by expressing this consent he loses the right to withdraw from the contract.

 

Article IX.

Liability for defects of the Goods and warranty

 9.1.   The warranty conditions for goods are governed by the Supplier’s Claims Procedure and the valid legal regulations of the Slovak Republic. The proof of purchase serves as a guarantee. 

 

Article X.

Alternative dispute resolution

10.1.   A Customer that is a Consumer has the right to contact the Supplier with a request for redress (by email to the Supplier’s address specified in the Contract), if he/she is not satisfied with the way in which the Supplier handled his/her claim or if he/she believes that the Supplier has violated his/her rights. If the Supplier responds to this request in a negative manner or does not respond to it within 30 days of its dispatch, the Customer as a Consumer has the right to submit a proposal for the initiation of alternative dispute resolution to the ADR entity (hereinafter referred to as “ADR entity”), in accordance with Act No. 391/2015 Coll on Alternative Dispute Resolution and on Amendments to Certain Acts (hereinafter also referred to as the “Act on Alternative Dispute Resolution”). ADR entities are bodies and authorized legal entities pursuant to the provisions of Section 3 of the Act on Alternative Dispute Resolution. The Customer may submit the proposal as a Consumer in the manner determined in accordance with the provisions of Section 12 of the Act on Alternative Dispute Resolution. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic at www.mhsr.sk. Consumers can also file a claim through the RSO alternative dispute resolution platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm. Alternative dispute resolution can only be used by a Consumer – a natural person who does not act within the scope of his business, employment, or profession when concluding and fulfilling the consumer contract. Alternative dispute resolution only concerns a dispute between a Consumer and a seller arising out of or in connection with a consumer contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the Consumer to pay a fee for initiating ADR up to a maximum of EUR 5 including VAT.

 

Article XI.

Final provisions

11.1.   The Customer acknowledges and agrees that the rights and obligations between the Supplier and the Customer are governed by these GTC, the Supplier’s Claims Procedure, and the relevant legal provisions.

11.2.   These GTC take effect on the day of their issuance.

11.3.   By confirming the Price Offer, the Customer confirms that he/she has read these GTC and the Supplier’s Claims Procedure, acquainted himself/herself with their content, and fully agrees with them.

11.4.   The Supplier is entitled to change the content of these GTC and issue them in a revised version at any time.

 

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