General Terms and Conditions

 

General Terms and Conditions (hereinafter referred to as “GTC”) bindingly regulate the relations between the Seller and the Buyer in the sale and purchase of goods through the order of goods by the Buyer with the Seller, the delivery and acceptance of the ordered goods and payment for the ordered goods.

Relations governed by these GTC, as well as any disputes, are governed by Slovak law. The competent courts shall be the courts of the Slovak Republic. Legal relations of the Seller with the Consumer not expressly regulated shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, Act No. 250/2007 Coll., on Consumer Protection and on Amendments to Act No. 372/1990 Coll., the Slovak National Council Act No. 372/1990 Coll., on Offences, as amended, Act No. 102/2014 Coll., on Consumer Protection, as amended. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller’s business premises and on amendment and supplementation of certain acts (hereinafter referred to as the “Act on Consumer Protection in the Sale of Goods under a Distance Contract”), all as amended by later legislation. Purchases made by a business entity shall be governed by the Commercial Code No. 513/1991 Coll.

By sending or placing an order, the buyer agrees to the GTC, is familiar with these terms and conditions and the information provided in the order is true and complete. If any provision of these GTC becomes or is declared invalid, this shall not affect the validity of the remaining provisions of the GTC.

Valid for all orders placed through the supersolar.sk e-commerce centre

The General Terms and Conditions are an integral part of the purchase contract.

1. BASIC PROVISIONS

Seller:

The seller of the products and services published in the supersolar.sk e-commerce centre is the company:

SUPERSOLAR s.r.o.
Prievidzská 217/5
972 01 Bojnice

IČO: 54793327
DIČ: 2121790209
IČ DPH: SK2121790209

The company is registered in the Commercial Register of the District Court of Žilina in sec. s.r.o., v.no. 80286/L.

Telephone contact: +421 902 158 576

Electronic address: [email protected]

Bank connection:

Tatra banka: IBAN: SK04 1100 0000 0029 4713 4457, SWIFT: TATRSKBX.

Hereinafter referred to as “Seller”.

Buyer:

The Buyer is a natural or legal person who has entered into a business relationship with the Seller as a subscriber (customer) of products and/or services from the Seller through the supersolar.sk e-commerce centre. A consumer is a natural person who purchases products or uses services for the direct personal consumption of natural persons, in particular for themselves and members of their household, and these do not serve them for the exercise of their employment, profession or business. These basic terms and conditions apply to the supply of goods and/or services ordered through the supersolar.sk electronic shopping centre. Before ordering goods, it is the buyer’s basic obligation to thoroughly familiarize himself with the basic terms and conditions, which become binding on the buyer by ordering the goods or services. The terms and conditions regulate the rights and obligations of the parties arising from the contract of sale concluded between the buyer and the seller. Hereinafter referred to as “Buyer”.

2. ORDERING AND CONCLUSION OF THE CONTRACT

2.1 The purchase contract on the basis of which the sale of goods by the Seller to the Buyer is carried out shall arise on the basis of the dispatch of an order by the Buyer. The order is executed by selecting the goods through the web interface, through our shop the Customer chooses the product, its design and creates its visual appearance. You place the selected goods with their exact specification in the basket, then fill in the forms for the delivery method and payment method. Before sending the order, check the entered data, after pressing the “Order with payment obligation” button, the buyer will be redirected to the payment gateway, where he will pay the full value of the ordered goods.

2.2 We consider the information provided in the binding order to be correct and complete. Please inform us immediately by telephone or e-mail if you change them.

2.3 After submitting your order, your order will be processed and you will receive a confirmation of receipt of your order by the Seller to your email address; any further information regarding your order will be sent to your email address if necessary. The contact necessary to confirm the order is usually made by the Seller after verifying the availability and delivery date of the requested goods. An order confirmed by the Seller shall be considered binding for both parties unless there is a breach of the terms and conditions agreed at the time of confirmation. Essential conditions are considered to be mainly the content of the order (exact specification of the customized goods and their number), the price for the goods and transport, the method of delivery and the payment of the order through the payment gateway.

The purchase contract is concluded at the moment when the confirmation of receipt of the order is sent to the email address you provided in the order.

2.4 In case of malfunction or failure of the payment gateway, the order is not complete and binding. The Seller reserves the right not to enter into a contract with a Buyer who has previously materially breached its obligations under the contract, e.g. failed to pay the price for the workmanship.

2.5 All orders received by us which contain the complete details are binding.

2.6 Obligations of the Parties

The Seller undertakes to deliver:

1. The type and quantity of the goods at the purchase price and under the payment terms in force on the date of dispatch of the order, except in the case of manifest error, in the event of a significant change in the price of the goods or in the event of unavailability of the goods.
2. Goods that will be packed in such a way that they will not be damaged during transport.

The Seller is not responsible for:

1. Late delivery of goods caused by incorrect address or telephone contact of the recipient.
2. Possible non-delivery of goods due to unforeseen obstacles.

The Buyer undertakes:

1. Take delivery of the ordered goods, check the integrity of the packaging and in the event of any defects, notify immediately by phone, email or post.
2. Pay the purchase price for the goods in the amount and in accordance with the payment terms in force on the date of dispatch of the order.

3. PRICES AND PAYMENT TERMS

3.1 The Buyer undertakes to pay the purchase price for the goods in the amount and in accordance with the payment terms in force at the time of dispatch of the order.

3.2 The prices of the products listed in the supersolar.sk e-commerce centre are quoted in EUR. The prices shown for the goods are shown in amounts including value added tax. Value added tax is governed by the applicable tax legislation. The prices shown on the individual product pages do not include shipping and handling, insurance, or any other method of transporting the goods to the customer. The Seller reserves the right to update the prices of the products offered according to the current prices of the manufacturers or distributors of these goods, as well as in connection with the change of the exchange rate of the EUR currency against the USD or other relevant currencies. These shall remain valid until a new price list is issued. The price of the goods ordered through the e-commerce shall be deemed to be the price in force at the time of acceptance of the order by the Seller. The Seller guarantees the price of the order if it is paid within the due date and in case of correct functionality of the supersolar.sk system. In all other cases, the Seller reserves the right to change the prices, which will be notified to the Buyer. In the event of a change in the purchase price, the buyer has the right to withdraw from the contract.

3.3 The Buyer may pay for the Goods:

1. cashless payment through a payment gateway before delivery of the goods directly when placing the order
2. payment by bank transfer to the account kept at Tatra banka
   IBAN: SK04 1100 0000 0029 4713 4457
   BC/SWIFT: TATRSKBX

3.4 All promotional prices on products are valid while stocks last, unless otherwise stated for a specific product.

3.5 By sending the order, the Buyer has expressly confirmed that he has been informed that the obligation to pay the price is part of the order. The Buyer also confirms that the Seller has marked the button (function) associated with placing an order on its website supersolar.sk in an easily legible manner with the phrase “order with payment obligation”.

3.6 According to the Sales Register Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the sales received with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.

4. DELIVERY CONDITIONS

4.1 Deliveries of the subject of performance (ordered goods) will be made as soon as possible, usually within 14 working days from the binding confirmation of the order, in exceptional cases the delivery time may be longer, after agreement with the buyer. The Buyer has the right to withdraw from the contract in the event of an extension of the above delivery period. The place of collection is determined on the basis of the buyer’s order. Delivery of the object of performance to the specified place shall be deemed to be fulfilment of the delivery. The delivery does not include the installation of the object of performance. Delivery to the destination address shall be provided by the Seller through its contractual carrier Direct Parcel Distribution SK s.r.o. and Zásielkovňa s.r.o. The consignment of goods shall always include a tax receipt. In the case of payment in advance by bank transfer or transfer through a payment gateway, receipt of the shipment is without payment to the courier.

4.2 We provide delivery of goods to all EU countries. We differentiate the costs of transport of goods according to the chosen method.

4.3 You can choose the specific method of delivery in the Basket section, where you will also find the current offer and shipping prices. The delivery period excludes public holidays and public holidays, for which the delivery period will be extended accordingly. The agreed delivery period shall apply unless unforeseen or circumstances beyond the control of the parties occur, i.e. circumstances excluding liability, such as any cases of force majeure, which make it impossible to comply with the delivery period. These circumstances also include armed conflicts, official interference and prohibitions, delays caused during transport or customs clearance, damage caused during transport, and only in the case of extraordinary circumstances. These enumerated circumstances shall entitle the seller to extend the delivery period. The Seller is obliged to inform the Buyer of these circumstances without delay. The Seller shall be entitled to make and account for partial deliveries. In the case of successive orders, packing and postage shall only be charged for the first shipment. The Seller is obliged to inform the Buyer of this fact in advance. The Seller shall not be liable for any defects, damage to the goods that occurs after the goods have been handed over to the first carrier for transport to the Buyer. The Seller shall allow the Buyer to exercise the rights under the contract of carriage against the carrier. The cost of transport will be charged together with the goods. The Buyer is obliged to check the integrity of the package when taking delivery of the goods. In case of damage, he is obliged to draw up a report with the carrier on the defects found during transport. Acceptance of the damaged package is the responsibility of the buyer. You will only be able to claim for defects later discovered in such damaged goods if you can prove that the claimed defects were already present at the time of receipt from the carrier. If the buyer discovers damage caused by the shipment, which is manifested other than by external damage to the package, incomplete delivery or substitution of goods, he is obliged to make a claim immediately, but at the latest within three days of receipt of the shipment. Otherwise, the delivery shall be deemed to be complete and without defects. Later claims due to incompleteness of contents, substitution of goods and damage during shipment will not be accepted. Other conditions are regulated in the Complaints Procedure. Re-export of the object of delivery to a third party is subject to the written consent of the Seller. Such consent must be secured prior to entering into a contract with the third party. The Seller’s contractual partner also undertakes to transfer the obligation to agree to the re-export to the third party.

5. LIABILITY FOR DEFECTS AND WARRANTY

5.1 The warranty period is 24 months.

5.2 Notwithstanding any other provision, the Seller shall not be liable to the Buyer for loss of profit, loss of opportunity or any other indirect or consequential loss howsoever arising.

1. the seller is liable for defects that the sold item has upon receipt by the buyer.
2. if it is a defect that can be rectified, the buyer has the right to have it rectified free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay. Instead of removing the defect, the buyer may require the item to be replaced or, if the defect relates only to a part of the item, the part to be replaced if this does not incur disproportionate costs for the seller in relation to the price of the goods or the severity of the defect. The seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause the buyer serious inconvenience.
3. if there is a defect which cannot be remedied and which prevents the item from being properly used as an item without defect, the buyer has the right to have the item replaced or to withdraw from the contract. The same rights shall apply to the buyer if, although the defects are remediable, the buyer cannot properly use the object due to the reappearance of the defect after repair or due to a greater number of defects.
4. if the goods delivered do not have the characteristics in which the consumer has expressed an interest and which correspond to the description provided by the supplier, the costs of returning and delivering the goods which correspond to the contract, as well as any costs reasonably incurred by the buyer in connection therewith, shall be borne by the seller.
5. if there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item.

6. BASIC OBLIGATIONS OF THE SELLER

6.1 the obligation to provide pre-contractual information pursuant to § 10a (1) new letter k) of Act No. 250/2007 Coll. 372/1990 Coll. on offences, as amended.

6.2 the obligation to provide pre-contractual information pursuant to § 3 (1) new letter t) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller’s business premises and on amendment and supplementation of certain acts, as amended

6.3 the obligation to cooperate in alternative dispute resolution with the ADR entity pursuant to Section 15 of the ADR Act. The Buyer has the right to contact the Seller with a request for redress (by email to [email protected]) if he is not satisfied with the manner in which the Seller has handled his complaint or if he believes that the Seller has violated his rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of sending it, the consumer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity (hereinafter ADR entity) pursuant to Act 391/2015 Coll. ADR entities are authorities and authorised legal persons pursuant to §3 of Act 391/2015 Coll. The consumer may submit a proposal in the manner determined pursuant to §12 of Act 391/2015 Coll.

Consumers can also lodge a complaint via the RSO’s alternative dispute resolution platform.

Alternative dispute resolution can only be used by a consumer – a natural person who is not acting within the scope of his/her business, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution applies only to a dispute between a consumer and a seller arising out of or relating to a consumer contract. Alternative dispute resolution shall apply only 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 the initiation of ADR up to a maximum of EUR 5 including VAT.

7. SEAT OF THE COURT, APPLICABLE LAW

7.1 All disputes arising from the contractual relationship resulting from orders placed through the supersolar.sk e-shop, including disputes concerning the existence or non-existence of a purchase contract, shall be subject to the exclusive jurisdiction of the courts of the Slovak Republic, which shall have local and subject matter jurisdiction. The contractual relationship is subject to Slovak law. The supervisory authority for consumer protection is the SOI Inspectorate for Žilina Region, Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1

8. PRIVACY AND SENDING COMMERCIAL COMMUNICATIONS

8.1 The protection of the personal data of the purchaser or any other user of the website, including the terms and conditions for sending commercial communications, is governed by the Personal Data Protection Policy, the current full text of which is available at here.

9. USE OF COOKIES

9.1 Cookies are used on the website. Rules on their use, as well as how to disable them, are available at here.

10. CLAIMS WHEN ORDERING AND DELIVERY VIA ONLINE SHOP SUPERSOLAR.SK

10.1 The Buyer is obliged to inspect the packaged goods immediately upon receipt. The Buyer has the right not to take delivery of the goods if there is visible mechanical damage to it or its packaging at the time of receipt or if the goods are incomplete. However, the condition for a successful claim is that a claim report is drawn up. When taking delivery of the goods, the buyer is obliged to check the integrity of the package. In case of damage, he is obliged to draw up a report with the carrier on the defects detected during transport. Acceptance of the damaged package is the responsibility of the buyer.

10.2 The Seller shall not be liable for any claimed defects caused by the Buyer, or by natural disaster or other force majeure.

10.3 The warranty period within the meaning of Section 620(1) of the Civil Code as amended is 24 months.

10.4 The Buyer shall ensure the delivery of the claimed goods to the registered office of the Seller Supersolar s.r.o, Pekárenská 232, 028 01 Brezovica.

10.5 In the event that the Buyer withdraws from the Contract and delivers to the Seller Goods of diminished value which are used, damaged or incomplete, the Buyer shall reimburse the Seller for the costs incurred in repairing the Goods and restoring them to their original condition. The Buyer shall be liable for any diminution in the value of the Goods resulting from treatment of the Goods which goes beyond that necessary to establish the characteristics and functionality of the Goods. The buyer shall not be liable for the diminution in value of the goods if the seller has not fulfilled the information obligation on the buyer’s right to withdraw from the contract pursuant to Section 3(1)(h) of Act No. 102/2004 Coll.

10.6 Complaints can be made by post or email to [email protected]. At any time in case of any questions, also by phone. A sample form can be downloaded here: COMPLAINT FORM.

10.7 The Seller is obliged to handle a complaint filed by the Buyer – consumer within 30 days from the date of filing the complaint at the latest.

11. Withdrawal from the contract

Withdrawal from the contract for the sale of goods at a distance within the meaning of Act No. 102/2014 Coll.

11.1 If the Seller has timely and properly provided the Buyer with information about the right to withdraw from the contract pursuant to § 3 (1) (h), the Buyer is entitled to withdraw from the contract concluded at a distance or from the contract concluded outside the Seller’s premises within 14 days from the date of receipt of the goods, even without stating a reason. Within this period, the Buyer shall have the right to unpack and test the goods after receipt in a manner similar to that customary when buying in a traditional “bricks and mortar” shop, to the extent necessary to ascertain the nature, characteristics and functioning of the goods. The buyer shall only be liable for any diminution in the value of the goods resulting from such handling of the goods which goes beyond the handling necessary to ascertain the characteristics and functionality of the goods. The buyer is not liable for the reduction in the value of the goods if the seller has not fulfilled the information obligation on the buyer’s right to withdraw from the contract pursuant to §3(1)(h) of Act No. 102/2014 Coll. If the seller has provided the buyer with the information pursuant to §3(1)(h) only subsequently, but no later than within 12 months from the commencement of the withdrawal period, i.e. from the date of receipt of the goods, the withdrawal period shall expire 14 days after the date on which the seller has subsequently fulfilled the information obligation. If the seller has not provided the buyer with the information referred to in § 3 (1) (h) even within the additional period, the withdrawal period expires 12 months and 14 days after the date on which the withdrawal period starts to run, i.e. from the date of receipt of the goods. The provisions in this section expressly do not apply to legal persons and natural persons – entrepreneurs as well as natural persons – non-entrepreneurs not meeting the statutory definition.

11.2 The Consumer may exercise the right of withdrawal from the contract with the Seller in a written form or in the form of a record on another durable medium by registered mail sent to the address of the Seller’s registered office specified in the header of these Complaint Conditions, by email to [email protected] or in any other manner not raising any doubt that the withdrawal from the contract has been made. The consumer may use the withdrawal form as set out in the attachment provided by the Seller.

THE WITHDRAWAL FORM CAN BE DOWNLOADED HERE: WITHDRAWAL FROM THE CONTRACT

11.3 As the contract is cancelled from the outset in the event of withdrawal from the contract, the parties shall reimburse or compensate each other for any consideration received.

Please send the goods back:

Unused

undamaged

complete (including package leaflet, instructions for use, etc.) together with proof of purchase, preferably in the original packaging

We recommend that you insure the goods. We cannot accept COD shipments. The Seller shall refund to the Buyer all payments received from the Buyer under or in connection with the Contract, including transport, delivery and postage costs and other costs and charges, without undue delay and no later than 14 days from the date of receipt of the notice of withdrawal. The Seller shall refund to the Buyer the aforementioned payments in the same manner used by the Buyer in making its payment, unless the Seller and the Buyer agree on a different method of refund and no further charges are made to the Buyer in connection therewith. Upon withdrawal from a contract involving the sale of goods, the Seller shall not be obliged to refund the Buyer the above payments before the goods have been delivered to the Buyer or until the Buyer proves that the goods have been sent back to the Seller. The Buyer is obliged to send back the goods or hand them over to the Seller or to a person authorised by the Seller to take over the goods within 14 days of the date of withdrawal from the contract at the latest. The time limit under the first sentence shall be deemed to have been observed if the goods have been handed over for transport no later than on the last day of the time limit. In the event of withdrawal from the contract, the buyer shall bear only the costs of returning the goods to the seller or to the person authorised by the seller to take delivery of the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled his obligation pursuant to Section 3(1)(i) of Act No. 102/2014 Coll.

11.4 In the event that the Buyer withdraws from the Contract and delivers to the Seller Goods of diminished value which are used, damaged or incomplete, the Buyer shall reimburse the Seller for the costs incurred in repairing the Goods and restoring them to their original condition. The Buyer shall be liable for any diminution in the value of the Goods resulting from treatment of the Goods which goes beyond that necessary to establish the characteristics and functionality of the Goods. The buyer shall not be liable for the diminution in value of the goods if the seller has not fulfilled the information obligation on the buyer’s right to withdraw from the contract pursuant to Section 3(1)(h) of Act No. 102/2004 Coll.

12. Processing of personal data

12.1 The Seller hereby notifies the Buyer that in accordance with Section 15(1)(e)(3) and (4) of the Act on the processing of the Buyer’s personal data, it is assumed that the Buyer’s personal data will be disclosed and made available to the following third parties or recipients:Direct Parcel Distribution SK s.r.o., Technická 7, 821 04 Bratislava, ID No.: 35834498 VAT ID No.: SK 2021648739, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No. 26367/B. The Buyer has the right to object to the Seller on the basis of a free written request:

1. (a) the processing of his personal data which he believes is or will be processed for direct marketing purposes without his consent and to request its destruction,
2. (b) the use of the personal data referred to in § 10(3)(d) for direct marketing purposes in the mail, or the provision of the personal data referred to in § 10(3)(d) for direct marketing purposes. By submitting the order form to our website supersolar.sk, you agree to the processing of the above personal data for the purpose of order processing and the statutory periods for data archiving in accordance with the requirements of the Personal Data Protection Act of the National Council of the Slovak Republic No. 122 / 2013 Coll. and on amendment and supplementation of certain laws. As the controller, we do not intend to transfer your personal data to a third country (to a country outside the EU) or to an international organisation. At the same time, we undertake to delete the customer’s personal data from our database at any time at the customer’s request, even without giving reasons. If you have made personal data available to us, we only use it to answer your questions, to deliver the goods, to prepare the requested quotation as well as for the purposes of technical administration of the website. Your provided personal data may only be used by other services or for other purposes with your prior consent. You may withdraw your consent at any time. Your personal data will be deleted if you withdraw your consent to its storage.

12.2 The Seller hereby declares that it has taken the necessary technical and organizational measures in order to prevent unauthorized or accidental access to the Buyer’s personal data. The technical measures consist in the deployment of technologies preventing unauthorised access to the Buyer’s data by third parties.

12.3 Personal data transmitted over the Internet in connection with the submission of electronic forms or when filling in order forms is encrypted with SSL (Secure Socket Layer) so that no one can read it.

In Brezovice on 24.12.2022