1. The seller according to these Business Conditions is LEMINX, s.r.o. with its registered office at Staničná 2011/21, Humenné, 06601, Slovak Republic, IČO: 53 148 541, DIČ: 2121281217 entered in the Commercial Register of the Prešov District Court, section: Sro, file no. : 40532 / P, postal address: Staničná 2011/21, 06601, Humenné (hereinafter referred to as the “Seller”).
2. Buyer on the basis of these Business Terms and Conditions means a natural or legal person who is a customer of the Goods from the Seller through the Online Store at www.leminxart.com (hereinafter “Store”), and who electronically sent a completed electronic Order to order the Goods ( hereinafter referred to as the “Buyer”).
3. The operator of the Trade’s website is LEMINX, s.r.o. with its registered office at Staničná 2011/21, Humenné, 06601, Slovak Republic, IČO: 53 148 541, DIČ: 2121281217 entered in the Commercial Register of the Prešov District Court, section: Sro, file no. : 40532 / P, postal address: Staničná 2011/21, 06601, Humenné (hereinafter referred to as the “Operator”).
4. A consumer is a natural or legal person who does not purchase goods for the purpose of selling them to other persons, for the purpose of business or the performance of employment or profession (hereinafter referred to as the “Consumer”).
5. Goods on the basis of these Terms and Conditions means all goods and services offered by the Seller, which are published on the website of the Store (hereinafter referred to as the “Goods”).
6. The order is created by confirming the ordering process in the Store by selecting the Goods by the Buyer, including the complete completion of the order form according to point 5 of the Business Conditions (hereinafter referred to as the “Order”).
Order and creation of the Contract
7. The condition for the creation of the Contract is the complete and true indication of the data by the Buyer, which are required by the system during the ordering process in the Store and the completion of the order form published on the website of the Store.
8. Delivered and complete Orders are considered as proposals for the conclusion of the Contract.
9. The contract between the Seller and the Buyer arises only upon delivery of a binding confirmation of the electronic Order by the Seller to the Buyer’s e-mail box, which he shall state when completing the Order.
10. To confirm the Order, which will be paid by the Buyer by non-cash payment transfer, the Seller will also attach an invoice in electronic form.
11. By completing and delivering the Order in accordance with § 75 par. 6 of Act no. 222/2004 Coll. on value added tax, authorizes the Seller to charge the Seller the price for the provided Products in electronic form (hereinafter referred to as the “Electronic Invoice”).
12. The Seller and the Buyer acknowledge that the electronic invoice is a full-fledged replacement of the paper invoice, and that by issuing the electronic invoice, the Seller is no longer obliged to send paper invoices to the Buyer.
13. The seller has the exclusive right to choose between sending an electronic invoice or a paper invoice.
14. In the event that the Buyer pays the price of the Goods on delivery, the Seller shall attach an invoice in writing to the Goods.
15. For the avoidance of any doubt, the Electronic Invoice shall be deemed delivered on the third day after its sending to the e-mail box specified by the Buyer in the Order.
16. The Seller reserves the right to cancel the Order or part thereof if the Seller does not have a guarantee from the Buyer that it will comply with the Contract, especially given that the Buyer is / was a debtor of the Seller and it is reasonable to assume that the Buyer will not perform in time. its obligations under the Contract or the Buyer is / was a debtor of another seller of similar Goods or one of these sellers has previously withdrawn from the contract with him or terminated the contract with him.
17. The Buyer has the right to cancel the ordered Goods within 24 hours of the purchase contract without, without cancellation fee.
Price of Goods and Payment Terms
8. Prices of the Goods, fees or other payments associated with the purchase of the Goods are published on the website of the Store, for individual Goods.
19. All discounts on the prices of the Goods or other price advantages apply until the stock is sold out, unless the Seller stipulates otherwise for a particular Goods, or until the expiration of the period for which they were declared.
20. The price of the Goods is considered to be the price that was assigned to the ordered Goods on the website of the Store at the time of sending the Order to the Buyer.
21. The price of the Goods does not include postage paid by the Buyer. The cost of packaging is borne by the Seller.
23. The price of postage is: according to EU countries and the world.
a) Ordering and delivery of goods on delivery is not possible.
24. The Buyer is entitled to pay the price for the Products in the following ways:
a) by payment with a Visa, Visa Electron, MasterCard and Maestro payment card
b) through the STRIPE certified service.
25. In the event that the Buyer pays the price of the Goods according to point 21 letter a) and b), the price of the Goods is considered paid at the moment of crediting the funds to the bank account of the Seller published on the website of the Store.
Conditions and dates of delivery and acceptance of the Goods
26. The Seller supplies the Goods throughout the territory of the Slovak Republic, the EU, the USA and the world.
27. The Seller shall deliver the Goods to the Buyer through Slovenská pošta, a.s. to the address of residence / registered office of the Buyer or to another address specified by him in the Order, no later than 2 days from the binding confirmation of the Order.
28. The Seller, the price of which will be paid directly upon its receipt by cash on delivery, is shipped by the Seller to the Buyer within 24 hours of its binding confirmation of the Order.
29. In the case of payment of the Buyer for the Goods according to point 24 letter a) and c), the Goods shipped by the Seller will be ordered after 24 hours from full payment of the price of the Goods and all costs.
30. The goods are considered delivered by delivery to the Buyer.
31. Ownership of the ordered Goods passes to the Buyer at the moment of taking over the Goods by the Buyer.
32. The risk of damage to the Goods passes to the Buyer by taking over the ordered Goods.
33. The Buyer is obliged to inspect the Goods immediately after taking over whether they are defective or otherwise.
34. Upon receipt of the shipment, the Buyer confirms with his signature that the shipment was delivered without damage.
35. The Buyer is obliged to immediately complain to the person who provided the transport of the consignment that was delivered damaged.
36. The seller is not liable for damages caused by the delivery person.
37. The Seller shall deliver to the Buyer together with the Goods an invoice – a tax document (if it was not delivered electronically) and a delivery / warranty card.
Rights and obligations of the contracting parties
38. The seller is obliged in particular:
a) enter into an Agreement with each Buyer who accepts the Seller’s Business Terms and Conditions and there is no reason to reject it under these Business Terms and Conditions,
b) provide the Buyer with the ordered Goods according to the Contract, resp. of these Business Conditions in the maximum possible quality.
39. The buyer is obliged in particular:
a) pay for the ordered Goods,
b) take over the ordered Goods during the collection period set by Slovenská pošta, a.s.
The consumer’s right to return the goods without giving a reason and to instruct the consumer
40. Pursuant to Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and amending certain laws as amended (hereinafter “ZoOS”) The consumer has the right to § 7 et seq. withdrawal from the purchase contract, within 14 calendar days from the date of receipt of the Goods by the Consumer. At the same time, the consumer acknowledges that according to the provisions of § 7 par. 5 ZoOS has the right to withdraw from the purchase contract even before the delivery of the Goods.
41. In the event that the Consumer is interested in exercising the right to withdraw from the contract, he is obliged to deliver the written withdrawal from the purchase contract in person no later than the last day of the specified period to the Seller’s address specified in the header of the Terms and Conditions. deadlines to the address indicated in the contacts.
42. The consumer is obliged, after notification of withdrawal from the purchase contract, to send or deliver the Goods which are the subject of the contract, from which he withdraws together with the accompanying documentation, in particular the invoice and other documentation for the Goods delivered to him together with the Goods no later than however, within 14 days from the date of withdrawal from the purchase contract. To withdraw from the contract, the Consumer is entitled to use the Withdrawal form from the purchase contract, which is available. The Consumer undertakes not to send the Goods to the Seller on delivery in the event of exercising the right to withdraw from the purchase contract. In the event that the Consumer breaches this obligation, the Seller is not obliged to take over the Goods delivered on delivery.
43. The Seller shall return to the Consumer the price paid for the Goods, including transport costs in accordance with the provisions of §9 par. 3) ZoOS as well as costs demonstrably incurred for ordering goods within 14 days from the date of delivery of withdrawal from the contract. However, the Seller is not obliged to return the money to the Consumer before the Goods are delivered to him or the Consumer does not prove the shipment of the Goods, this does not apply if the Seller has proposed to pick up the goods himself.
44. The consumer shall bear the costs of returning the Goods.
45. For Goods and services, which are defined in §7 par. 6 letter a) to l) ZoOS, the right of withdrawal does not apply.
46. Any reduction in the value of the Goods caused by its use beyond what is necessary to determine the functionality and properties of the Goods shall be borne by the Consumer.
47. The Seller is entitled to a contractual penalty against the Buyer in the amount of € 10, in the event that after the creation of the purchase contract, which the Buyer did not cancel or withdraw from, the delivered Goods within the meaning of point 39 letter. b) did not accept the Terms and Conditions, and these Goods were returned to the Seller.
48. The Seller is entitled to issue and deliver an invoice to the Buyer with a maturity of 14 days from the date of its delivery to the Buyer after the right to a contractual penalty arises pursuant to clause 47 of the Business Conditions.
49. Personal data are processed in accordance with Act no. 122/2013 Coll. on the protection of personal data, as amended.
50. The Operator undertakes not to provide the Buyer’s personal data to a third party, except for the transport company for the delivery of the Goods, or to state authorities in the case of inspection.
51. The Operator obtains the following personal data from the Buyer: name and surname, street and descriptive number, postal code, city – delivery post, e-mail, telephone number.
52. The personal data provided by the Buyer are processed for the purpose of concluding a purchase contract and subsequent delivery of the ordered Goods.
53. The controller is obliged to secure personal data before they are made available to unauthorized persons who have been processed in the security directive.
54. In the event that the Buyer, upon registration in the Store, has also consented to the processing of personal data for marketing purposes, he has thus consented to sending, in particular, e-mail messages to the contact e-mail address, telephone contact or e-mail address.
55. The Buyer is entitled to revoke the consent granted to the Operator in accordance with point 54 of the Business Conditions at any time by sending the revocation of the consent to the processing of personal data. In the event of revocation of the Buyer’s consent, the Operator is obliged to immediately stop using the personal data concerned for marketing purposes and at the same time to destroy such personal data.
56. Business relations that arise between the Seller and the Buyer are subject in their entirety to the regulation of these Business Conditions, the law of the Slovak Republic, especially the provisions of the Commercial Code and ZoOS, even if the Buyer is a citizen of a country other than the Slovak Republic.
57. All documents that will be delivered by the Seller and the Buyer on the basis of the Contract or the Business Conditions, the said contracting parties are obliged to deliver in person or by post to the address of the other contracting party specified in the Contract, unless the Contract or these Business Conditions provide otherwise.
58. If any provision of the Agreement is invalid, ineffective or unenforceable, the other provisions of the Agreement shall remain in full force and effect. The Contracting Parties undertake to replace an invalid, ineffective or unenforceable provision with a new contractual provision within the meaning of the Treaty which is valid, effective and enforceable so that it could be presumed that the Contracting Parties would have applied it if they had known of the invalidity or ineffectiveness. provisions of the superseded.
59. The Business Terms and Conditions become effective and binding for the Buyer at the moment of ordering the Goods through the Order by the Buyer.
60. By sending the Order, the Buyer confirms that he has read the Business Terms and Conditions of the Seller, which are available on the website of the Seller’s Store, understands these Business Terms and Conditions, agrees with them and undertakes to comply with them.
61. The Business Conditions of the Seller are usually attached to the Contract.
62. Deviating provisions in the Contract shall take precedence over these Business Conditions.
63. The Seller has the right to unilaterally change or amend these Terms and Conditions at any time. The amended Business Terms and Conditions shall take effect on the day of their publication on the Trade’s website.
64. The business conditions were prepared by the Seller and are valid and effective from 1.1.2021
Alternatívne riešenie sporov pomocou RSO
65. The buyer – the consumer – has the right to contact the seller with a request for redress (by e-mail to email@example.com), 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 to this request in the negative or does not respond to it within 30 days of its dispatch, the consumer has the right to file a motion to initiate alternative dispute resolution to the subject of alternative dispute resolution (ADR entity) under Act 391/2015 Coll. ARS subjects are bodies and authorized legal entities according to §3 of Act 391/2015 Coll. The consumer may submit the proposal in the manner specified pursuant to §12 of Act 391/2015 Coll.
66. The consumer can also lodge a complaint through the RSO alternative dispute resolution platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
67. Alternative dispute resolution can only be used by a consumer – a natural person who, in concluding and performing a consumer contract, does not act within the scope of his business, employment or profession. 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. Alternative dispute resolution is valid from March 1, 2016
68. Cookies are small text files stored in the Customer’s terminal equipment, which are stored in this device and accessed by the Provider through the operation of the Internet portal. Through cookies, the Internet portal stores information about the preferences and settings of the Customer. The storage of cookies streamlines and speeds up the work and use of the Internet portal.
69. Cookies do not contain malicious computer programs, maleware or spyware.
70. The Internet portal uses temporary cookies, which are stored in the terminal only during one visit to a specific website. These files are automatically deleted from the terminal after closing the selected Internet browser.
71. The Internet portal also uses persistent cookies, which are stored in the terminal device in order to:
• memorization of specific phrases that were entered into the search engine of the Internet portal,
• memorizing the places visited on the Provider’s website and finding out which pages and functions users use most often,
• memorizing the ratings and comments that users enter into the Internet portal,
• provision of information necessary for web analysis and statistics (which pages were visited, how long time was spent on them, the date of individual visits to the portal, the number of visits to the Internet portal, the time interval of use, etc.),
• securing and simplifying the use of Customer Settings.
72. The Provider does not pass on information obtained from cookies to third parties and at the same time the Provider is not responsible for third party cookies at the same time.
74. Cookies can be rejected using an Internet browser, set to use only certain cookies or completely removed from the terminal device.
Supervision over compliance with the Operator’s obligations is the Slovak Trade Inspection, SOI Inspectorate for the Prešov Region, Konštantínova 6, 080 01 Prešov 1 Department of Technical Product Control and Consumer Protection and Legal Department, tel. No .: 051/7721 597, fax. no .: 051/7721 596, firstname.lastname@example.org.
In Humenné, 1.1.2020
Translated using GOOGLE TRANSLATOR.