1. IDENTIFICATION AND CONTACT INFORMATION
1.1 Seller:
Company: Ing. Martin Danko
Head Office: Adyho 2935/6, 98401 Lucenec, Slovakia
ICO: 37242431
VAT NUMBER: SK1043324238
(hereinafter "Seller")
Address (STORE):
Sport-Outdoor.sk
L. Podjavorinskej 21
SK-984 01, Lucenec
Slovakia
Tel. +421 905 167 640
Contact person: Ing. Martin Danko
E-mail: outland@outland.sk
1.2 RETURN ADDRESS - Please send your return to the following address:
Sport-Outdoor.sk
L. Podjavorinskej 21
SK-98401 Lucenec
Slovakia
1.3 Supervisory authority:
SOI for Banskobystricky kraj
Street Dolna 46, 974 01 Banska Bystrica
bb@soi.sk
tel. +421484124969
2. GENERAL APPLICATION
2.1 General Terms and Conditions of the company Ing. Martin Danko, Adyho 2935/6, SK-98401 Lucenec, Slovakia, hereinafter referred to as „Seller“.
2.2 Following Terms and Conditions apply to every business relation between the Seller and the Customer in its current version at the time of order.
2.3 Consumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside its trade, business or profession. An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession. Customers in terms of these terms and conditions are Consumers as well as Entrepreneurs.
2.4 Individual contract agreements have priority ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed.
3. CONCLUSION OF THE CONTRACT
3.1 The presentation of the goods on the website of the Seller does not constitute an offer in the legal sense, but only an invitation to the Customer to place an offer in the legal sense. The ordered goods can, due to different technical factors, slightly diverge from the goods shown on the Site, in particular this may lead to colour variations, as far as reasonable.
3.2 The Customer can order on the Sellers website, by email or in writing. The Customer’s order is a binding offer of the ordered product.
3.3 The Seller will immediately confirm the entrance of the Customer’s order by email.
3.3.1 The conclusion of the contract in case of payment in advance pre cash / bank transfer, upon invoice or cash on delivery does not take place with the sole receipt confirmation, but only with the delivery of a separate email with the order confirmation or the delivery of the goods. The Seller is entitled to accept the contractual offer contained in the assignment within 5 working days. With products ordered on electronic way, the Seller is entitled to accept the order within 2 working days upon receipt. The acceptance takes place when the Seller delivers the ordered goods within this period.
3.3.2 Furthermore, depending on the selected payment method, the contract is established when the customer issues the payment order.
3.4 The Seller has the right to cancel the Customer’s entire order in the event of price indications that are obviously erroneous. This particularly applies in the event of missing prices due to shop errors, items priced at zero euros or incorrect set prices. This also applies if products can no longer be delivered due to unforeseeable supply bottlenecks. Any previously received payments must be reimbursed promptly by the Seller (within seven days of cancellation) via the payment method selected by the Customer. In the event of cancellation by the Seller, the Customer will not incur any costs.
3.5 The complete, or partially, conclusion of the contract is subject to correct and punctual supply to the Seller. This is valid only for the case that the non-delivery is not the fault of the Seller, who has accurately negotiated a hedging transaction with the supplier. The Seller will undertake all reasonable strains to purchase the products. Any received form of payment will be otherwise immediately refunded. In case of non-availability or just partial availability of the goods the Customer is immediately informed.
3.6 When the Customer orders on electronic way, the Seller stores the contract text and sends it to the Customer by email with the legally effective terms and conditions.
4. RETENTION OF TITLE AND RESCISSION
4.1 With Consumers the Seller reserves himself the property of the product up to the entire payment of the purchase price. With Entrepreneurs the Seller reserves himself the property of the product up to the entire settlement of debt from a current business relation.
4.2 With behaviour contrary to the contract of the buyer, in particular with default, misstatements of the Customer about his credit rating or if insolvency proceedings are opened regarding the assets of the buyer, the Seller is entitled to withdraw from the contract and to demand the products back in case that the consideration has not been entirely or completely fulfilled.
4.3 The Entrepreneur is entitled to resell the products in the regular course of the business. He transfers to the Seller all demands by the complete amount invoiced, which arise to the Entrepreneur by the resell to third parties. The Seller accepts the assignment. After the assignment the Entrepreneur is authorised for the collection of the demand. The Seller reserves himself to draw the demand independently, as soon as the Entrepreneur does not properly fulfil his payment obligation.
4.4 The Seller commits himself to flout the entitled securities when required by the Customer when the realizable value of the securities of the Seller exceeds the demand to be protected about more than 10%. The choice of the securities to be flouted is incumbent upon the Seller.
5. PRICES
5.1 The quoted price is binding. Prices include statutory Value Added Tax. Packaging costs are already included in this delivery costs.
5.2 The Customer undertakes to pay the whole price within fourteen days after receipt of the order confirmation or the invoice by e-mail. The Customer comes to default after expiration of the deadline.
Should the Customer require "Purchase against invoice" as payment type, then the Customer shall, other than stated in stipulation 1, undertake to pay the invoice total in full within 10 days following receipt of the invoice. The Customer comes to default after expiration of the deadline.
5.3 The Customer shall only be entitled to set off in case that his counterclaims are legally established, accepted or are not denied by the Seller. The right of the Customer to set off with contractual and other claims arose from the creation or execution of this contractual relationship shall remain hereby unaffected. The Customer can carry out a right of retention only if his counterclaim is based on the same contract relation.
5.4 The customer agrees that the invoice will be transmitted to his email address provided when ordering or made available for download online; as an exception, the customer can request transmission in paper form.
6. PAYMENT TERMS
6.1 The customer can choose between different payment methods for payment, whereby a common and free payment method is always offered. The seller reserves the right to exclude individual payment methods. The specific payment methods available are solely based on the selection options provided on our website during the order process; the following outline does not establish any entitlement to a specific payment method if this is not shown to you during the order process.
6.2 In case of payment via PayPal, the Customer has to register under www.paypal.com. The terms and conditions of paypal.com [www.paypal.com] shall apply.
6.3 In case of payment by cash on delivery, the Customer shall pay to the shipping company directly.
6.4 In case of buying upon invoice, the Customer will be informed during the ordering process about the particular terms and conditions applicable, which must be expressly agreed.
7. DELIVERY
7.1 Shipping of the goods will be by post to the delivery address stated by the Customer. When processing the transaction, the delivery address provided within the scope of the Seller’s ordering process will be definitive. The Seller will bear the shipping risks if the Customer is a consumer.
7.2 The delivery time for deliveries shall be indicated on the respective offer site.
7.3 In case of payment in advance pre cash / bank transfer or PayPal, the delivery period begins one day after placing the order. The payment period for all other payment types commences one day after placing the order.
7.4 In case that the period begins or ends on a Saturday, Sunday or public holidays, that period shall then be postponed to the next working day.
7.5 In the event the Customer exercises his right of withdrawal, then he must bear the direct costs for returning the goods.
7.6 Where the Customer collects the goods himself, the Seller will first inform him by email that the goods ordered are ready for collection. Following receipt of this email the Customer can collect the goods after consultation with the Seller. No shipment costs will be charged in such cases.
8. LIABILITY FOR DEFECTS
8.1 All goods supplied from the online shop are subject to statutory warranty rights. The warranty period on items supplied by the Seller to traders is 12 months.
8.2 There is no additional guarantee on items supplied by the Seller unless such a guarantee was specifically granted in the order confirmation for the corresponding order.
9. LIABILITY
9.1 Claims for damages by the Customer are excluded. Exceptions to this are claims for damages by the Customer resulting from damage to life, body or health or from the breaching of material contractual obligations (cardinal obligations) as well as liability for other damages resulting from intentional or grossly negligent breaches of obligation by the Seller. Material contractual obligations are those which are required to achieve the contract’s objective.
9.2 The Seller will, in cases of breach of material contractual obligations, only be liable for damages which are foreseeable and typical for the contract and if they are due to ordinary negligence, unless the Customer’s claims for damages arise from damage to life, body or health.
9.3 The limitations stated in Sections 8.1 and 8.2 above also apply in favour of the Seller’s legal representatives and vicarious agents, should claims be made directly against them.
10. WARRANTY
10.1 The Customer has a statutory right of warranty, which is modified according to art. 9,10 from these General Terms and Conditions.
10.2 The delivered products can slightly diverse from the products shown on the internet.
10.3 In case of non-conformity of the goods the Customer is entitled to supplementary performance in the form of remedy of the defect or delivery of conforming goods. The Seller is entitled to disagree with the elected form of supplementary performance when this leads to excessive costs and remains other supplementary performance which does not considerate significant disadvantages for the Consumer. In case of agreements with the Entrepreneur, the Seller is entitled to choose by himself the form of remedy of supplementary performance or delivery.
10.4 If the supplementary performance misses, the Customer is entitled to demand a reduction of the purchase price or to withdraw from the contract as well as to demand compensation. A withdraw from the contract is excluded – taking into consideration the interest of both parties – if the defect is irrelevant. Instead of demanding damages in lieu of performance, the Customer may demand reimbursement of the expenses, which he has incurred in reasonable reliance on the receipt of performance, save where the purpose of the expenses would not have been achieved.
10.5 Entrepreneurs shall inform the Seller about defects at the latest within two weeks after receiving the service; otherwise the enforcement of the warranty claim is excluded.
10.6 If the Customer is an Entrepreneur, only the product description of the manufacturer is valid as a description of the product. Public statements, targeting or advertising of the manufacturer show no stipulated description of the product.
10.7 The warranty period for Consumers amounts two years from delivery of the product. Deviations of the warranty period for Entrepreneurs: A year from delivery of the product. The warranty period also amounts a year from delivery of the product in case of used goods.
