General terms and conditions

I.

Basic provision

 

1. These general terms and conditions (hereinafter referred to as "terms and conditions") are in accordance with the provisions of Act no. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the "Civil Code"), Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter only the “Consumer Protection Act”), Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller's premises and on the amendment of certain laws (hereinafter referred to as the "Distance Consumer Protection Act")

 

Roman Březovják - bremay

ID – 52997405

TAX ID – 1125137970

VAT ID – SK1125137970 (§ 7a)

with registered office – Jarná 12658/15, 080 06 Prešov, Slovakia

email – hello@bremay.com

www.bremay.com

entered in the trade register no. 750-54852 at the District Office in Prešov (hereinafter referred to as the "seller").

2. These terms and conditions govern the mutual rights and obligations between the seller and the natural person who enters into the contract of sale (hereinafter "buyer") through a web interface located on the website available at www.bremay.com (hereinafter "online store").

3. The provisions of the terms and conditions are an integral part of the contract of sale. Different arrangements in the contract of sale take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the contract of sale are concluded in English.

II.

Information about goods and prices

 

1. Information about the goods, including the prices of individual goods and their main characteristics, are given for individual goods in the online store catalog. bremay does not collect the VAT, duties or taxes and cannot predict what your estimated charge may be, if there are some additional charges, must be paid to clear customs. The prices of the goods remain valid as long as they are displayed in the online store.

2. All presentations of goods placed in the online store catalog are of an informative nature and the seller is not obliged to conclude a contract of sale regarding these goods.

3. Information on the costs associated with the packaging and delivery of goods is published in the online store.

4. Any discounts from the purchase price of the goods may not be combined with each other, unless the seller agrees otherwise with the buyer.

 

III.

Order and conclusion of the contract of sale

 

1.  The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the contract of sale (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself. These costs do not differ from the basic rate.

2. The buyer realizes the order of goods by filling out the order form without registration.

3. When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.

4. Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the button to confirm the order. The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation from the buyer that he has read these terms and conditions.

5. Immediately after receiving the order, the seller will send the buyer a confirmation of the order to the email address that the buyer entered when ordering. This confirmation is automatic and it is not considered a contract. The contract of sale is concluded only after the order is accepted by the seller. Notice of receipt of the order is delivered to the buyer's email address. The buyer can always view the terms and conditions at www.bremay.com/general-terms-and-conditions. When filling out the order, the customer always sees the current version of the terms and conditions, which is marked as version: X.X.

6. In the event that any of the requirements specified in the order cannot be met by the seller, he will send the new offer to the buyer's email address. The new offer is considered a new draft of the contract of sale and in this case the contract of sale is concluded by the buyer's confirmation of acceptance of this offer to the seller to his email address specified in these terms and conditions.

7. All orders received by the seller are binding. The buyer can cancel the order until the buyer receives a notification of acceptance of the order by the seller. The buyer can cancel the order by email to the seller’s email address specified in these terms and conditions.

8. In the event that there is an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the order, the seller is not obliged to deliver the goods to the buyer for this completely incorrect price. The seller informs the buyer of the error without undue delay and sends the changed offer to the buyer’s email address. The changed offer is considered a new draft of the contract of sale and in this case the contract of sale is concluded by a confirmation of acceptance by the buyer to the email address of the seller.

 

IV.

Payment terms and delivery of goods

 

1.  The price of the goods and any costs associated with the delivery of goods under the contract of sale may be paid by the buyer in the following ways:

  • cashless payment card,

  • cashless using Apple Pay

2. Together with the purchase price, the buyer is obliged to reimburse the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods.

3. In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.

4. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.

5. According to the Act on the Registration of Sales, the seller is obliged to issue an invoice to the buyer.

6. The goods are delivered to the buyer to the address specified by the buyer in the order

7. The choice of delivery method is made during the ordering of goods.

8. The costs of delivery of goods depending on the method of sending and taking over the goods are specified in the buyer's order and in the order confirmation by the seller.

9. If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.

10. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.

11. The seller issues an invoice to the buyer. The invoice is sent to the buyer's email address.

12. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the contract of sale.

 

V.

Withdrawal from the contract

 

1.  A buyer who has concluded a contract of sale as a consumer has the right to withdraw from the contract of sale.

2. If the contract of sale is concluded at a distance (via an online store) and at the same time if the seller has provided the buyer in a timely and proper manner with information on the right to withdraw from the contract of sale, conditions, deadline and procedure for application the right to withdraw from the contract of sale. Contract (in accordance with the provisions of § 3 paragraph 1 letter h) of the Act on Consumer Protection in Distance Selling) and while fulfilling the requirements required by law, the buyer has the right under the Act on Consumer Protection in Distance Selling without giving a reason and without any sanctions to withdraw from the contract of sale.

3. The period for withdrawal from the contract is 14 days

  • the moment of taking over the goods that were delivered last, if the subject of the contract of sale is the ordered goods that are delivered separately

  • the moment of taking over the last part or the last piece, if the subject of the contract of sale is several types of goods or the delivery of several parts,

  • the moment of taking over the first delivered goods, if the subject of the contract of sale is goods that are delivered during a defined period.

4. The Buyer acknowledges that in accordance with the provisions of § 7 par. 6 of the Act on Consumer Protection in Distance Selling may not, inter alia, withdraw from the contract of sale:

  • 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 has been duly informed that by giving his consent he loses the right to withdraw from the contract after full provision of the service,

  • the sale of goods made according to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,

  • the sale of goods which are subject to rapid deterioration,

  • the sale of goods enclosed in a protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,

  • the sale of goods which, due to their nature, may be inextricably mixed with other goods after delivery,

  • the sale of sound recordings, video recordings, sound recordings, books or computer software sold in protective packaging, if the consumer has unpacked that packaging,

  • the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,

  • 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 has been duly informed that by expressing this consent he loses the right to withdraw from the contract.

5. In order to comply with the deadline for withdrawal from the contract of sale, the buyer must send any unambiguous statement expressing his willingness to withdraw from the contract of sale within the period specified in paragraph 3 of Article V of these terms and conditions.

6. Withdrawal from the contract of sale will be sent by the buyer to the email address specified in these terms and conditions. The seller will confirm to the buyer the acceptance of the form without delay.

7. The buyer who withdrew from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract of sale to the seller. The buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by post due to their nature.

8. If the buyer withdraws from the contract of sale, the seller shall return to him without delay, but no later than within 14 days of withdrawal from the purchase contract, all funds, including delivery costs, which he has received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if he does not incur additional costs.

9. If the buyer has chosen a method other than the cheapest method of delivery of goods offered by the seller, the seller shall reimburse the buyer for the cost of delivery of goods in the amount corresponding to the cheapest method of delivery of goods offered.

10. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.

11. The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.

12. The seller is entitled to withdraw from the contract of sale due to the sale of stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller immediately informs the buyer via the email address specified in the order and returns within 14 days of notification of withdrawal from the contract of sale all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.

 

VI.

Defective performance rights

 

1.  The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:

  • the goods have the characteristics agreed by the parties, they have the characteristics described by the seller or the manufacturer or which the buyer expected due to the nature of the goods,

  • the goods are fit for the purpose stated by the seller for their use or for which goods of the same type are commonly used,

  • the goods correspond in quality or design to the agreed model, if the quality or design was determined according to the agreed model,

  • the goods are in the appropriate quantity, measure or weight,

  • the goods comply with the requirements of legal regulations.

2. The buyer is otherwise entitled to enforce the right for defects that occur in the consumer goods within twenty-four months since the takeover.

3. Where the goods sold, their packaging, instructions accompanying the goods or advertising in accordance with other legislation indicate the period during which the goods may be used, the provisions of the quality guarantee shall apply. As a guarantee of quality, the seller undertakes that the goods will be fit for normal use for a certain period of time or that they will retain their usual properties.

4. In the event of a defect, the buyer may submit a complaint to the seller and request:

  • exchange for new goods,

  • repair of goods,

  • reasonable discount from the purchase price,

  • withdraw from the contract.

5. The buyer has the right to withdraw from the contract,

  • if the goods have a significant defect,

  • if he/she cannot use the thing properly due to the recurrence of the defect or defects after repair,

  • with a larger number of defects in the goods.

6. A breach of the contract of sale is substantial of which the party in breach of the contract already knew or should have known at the time of the conclusion of the contract that the other party would not have entered into the contract if it had foreseen such breach.

7. In the event of a defect that constitutes a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to the removal of the defect or a reasonable discount on the purchase price.

8. If the case of a remediable defect has occurred repeatedly after repair (usually a third claim for the same defect or a fourth for different defects) or the goods have a large number of errors (usually at least three errors simultaneously), the buyer has the right to claim a discount on the purchase price, exchange goods or withdraw from the contract.

9. When making a complaint, the buyer is obliged to inform the seller which right he has chosen. A change of choice without the consent of the seller is possible only if the buyer has requested a correction of the defect, which proves to be irreparable. If the buyer obtains his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.

10. If it is not possible to repair or replace the goods, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full.

11. If the seller proves that the buyer knew about the error of the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.

12. The buyer cannot claim discounted goods for the reason for which the goods are discounted.

13. The seller is obliged to issue a confirmation to the buyer when the buyer applied the right to make a complaint, what is the content of the complaint and what method of handling the complaint requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration written justification for rejecting the complaint.

14. Complaints, including the elimination of defects, must be resolved immediately, no later than 30 days from the date of the complaint and recieved of the goods by the seller, unless the seller and the buyer agree on a longer period. After this period, it is considered a material breach of contract and the buyer has the right to withdraw from the contract of sale.

15. The seller informs the buyer by electronic communication about the result of the complaint.

16. The right of incorrect performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.

 

VII.

Communication

 

1.  The Contracting Parties may communicate all written correspondence to each other by electronic mail.

2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his order.

 

VIII.

Personal information

 

1. All information you provide in our cooperation is confidential and we will treat it as such. If you do not give us written consent, we will not use your data other than for the purpose of performance under the contract, except for the email address to which you may be sent business notices, as this procedure is permitted by law. Your personal informations will be kept for a period of 3 years from the conclusion of the last contract between the contracting parties. We will never share your personal information with any third party.

 

IX.

Out of court settlement of disputes

 

1. The Slovak Trade Inspection, with its registered office at P. O. BOX 29, Bajkalská 21 / A, 827 99 Bratislava, Internet address: https://www.soi.sk/sk, is responsible for the out-of-court settlement of consumer disputes arising from the contract of sale. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.

2. European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44 / A 827 15, Bratislava 212 Slovak Republic, Internet address: http://www.evropskyspotrebitel.sk is a contact point pursuant to Regulation (EU) No 182/2011 of the European Parliament and of the Council. 524/2013 of 21st May 2013 on online consumer dispute resolution and complements Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).

3. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. To a limited extent, the Slovak Trade Inspection Authority supervises compliance with the Consumer Protection Act and the Consumer Protection Act when selling at a distance.

X.

Final provision

 

1.  All agreements between the seller and the buyer are governed by the law of the Slovak Republic. If the relationship established by the contract of sale contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer's rights under generally binding legislation.

2. The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of § 3 par. 1 letter n) of the Act on Consumer Protection in Distance Selling.

3. All rights to the seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.

4. The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way as to be contrary to its purpose.

5. The contract of sale, including the business conditions, is archived by the seller in electronic form and is not accessible.

6. The wording of the terms and conditions may be amended or supplemented by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.

 

These terms and conditions shall enter into force on 1st October 2020

 

version: 1.0