1.1
The subject of these general terms and conditions (hereinafter referred to as 'GTC') of the company PET & SON Group sro, with its registered office at Nad Ostrovom 15, Bratislava - Karlova Ves 841 04, ID number: 53 479 068, registration: Commercial Register of the District Court Bratislava I, section: Ltd., file no .: 150851 / B (hereinafter referred to as the 'Seller'), is the regulation of mutual rights and obligations related to the Customer and the Seller, modification of the order process and purchase of Goods, its delivery, the provision of the Services and other facts relevant to the use of the Services and the purchase of the Seller's Goods.
1.2
The Customer agrees to these GTC, an integral part of which is the Privacy Policy published on the Website and the Terms of Use of the application, valid at the time of conclusion of the Agreement, in the form of confirmation of its will to be bound by their provisions by sending an order form ( Order) within the Website.
1.3
Legal relations that are not regulated in these GTC are governed by the relevant legal regulations of the Slovak Republic.
2.1
Order means a proposal for concluding the Contract submitted by the Customer to the Seller via a binding electronic order form listed on the Website, through which the Contract is subsequently concluded in accordance with Article 3 of these GTC. The Order is also a proposal for the conclusion of the Contract, which meets all the essential requirements and which is delivered to the Seller's Customer via e-mail communication, in particular, but not exclusively, in relation to the Seller's Services.
2.2
Seller means the company as specified in clause 1.1 of the GTC. The Seller is the owner and operator of the Website, through which it offers the Goods that are the subject of the Agreement between the Customer and the Seller. The Seller is a Contracting Party.
2.3
Goods means all products placed by the Seller on the Website, which may be the subject of a Contract between the Seller and the Customer, in particular, but not exclusively, the Attachtap product.
2.4
Attachtap means a product that the Customer has the opportunity to place on any device, especially a mobile phone, using its self-adhesive function and then use it through the Application to share selected personal, business or other data and information.
2.5
Application means an information society service provided through a comprehensive software solution for mobile phones, called Attachtap.
2.6
Service means the Service of the design and subsequent construction of Attachtap in a visual design according to the Customer's preferences.
2.7
Website means the website https://attachtap.sk/.
2.8
Customer means a consumer - a natural person who, in concluding and performing the Contract, does not act within the scope of his business, employment or profession, also referred to in the text as the Consumer. The Customer is a Contracting Party.
2.9
The Contract means the Contract in electronic form, which usually takes the form of accession to these GTC, and which also includes the Privacy Policy and all related legal documents, information and instructions related to the conclusion of the Contract and the mutual obligations of the Seller and Customer, valid at the time of the conclusion of the Contract.
2.10
Contracting Party means the Seller and the Customer who have concluded the Contract with each other.
3.1
The Customer enters into a Purchase Agreement with the Seller primarily through the Website. The conclusion of the Purchase Agreement is preceded by acts performed by the Customer on the Website to the extent of:
3.2
The Customer selects the Goods to be the subject of the Purchase Agreement by pressing the "Add to Cart" button. The Goods will be assigned to the list of Goods thus selected, which is available for inspection by the Customer at any time.
3.3
After selecting the required quantity and types of Goods, the Customer will proceed to fill in the electronic order form by filling in personal data, contact details, data required for delivery of the Goods and choose the method of payment and delivery of the Goods.
3.4
By sending the Order, the Customer confirms that he has become acquainted with and / or has been informed by the Seller about the main characteristics of the Goods, its total price and other costs, which are, but not limited to, shipping, delivery, postage, and / or the fact that such costs or fees may subsequently be included in the total price if they cannot be determined in advance.
In accordance with the currently valid delivery rules for the Goods, the Seller provides delivery options and payment methods for which fees are charged as follows:
Fees will be added to the total price of the Goods.
3.5
The Customer also had the opportunity to learn about the method and possibilities of using Attachtap, in addition to the information contained on the Website, in the document Terms of use of the application, which provides comprehensive information on the possibilities of using the Goods by connecting it to the Seller's Application.
3.6
The Customer also confirms that he has informed and / or was informed by the Seller that he is obliged to pay a specific purchase price for the goods and the costs and fees specified by the Seller, as well as the payment conditions, delivery conditions, deadline, to which the Seller undertakes to supply the Goods and information on the procedure for making and handling complaints.
3.7
If the Order is executed by the Consumer via the electronic order form on the Website, at the moment of sending the binding Order as a proposal for concluding the Purchase Agreement means the moment of pressing the button marked "ORDER WITH OBLIGATION OF PAYMENT", which is also a function for sending the Order .
3.8
After sending the binding Order, it will be registered with the Seller, of which the Customer will be informed via e-mail.
3.9
The Contract is concluded only after checking the binding Order sent by the Customer and subsequently sending a confirmation of receipt of the Order by the Seller. The Customer has the right to cancel the Order until the moment of receipt of the Order's receipt by the Seller. The confirmation of receipt of the Order also includes the following GTC of the Seller, the invoice, which contains the basic data of the Contract, as well as the form for withdrawal from the Contract.
3.10
In the event that the Goods become unavailable between the sending of the binding Order by the Customer and the acceptance of the Order by the Seller, the Seller shall immediately inform the Customer via the contact details contained in the order form. In such a case, the Seller has the right to cancel the Customer's Order.
3.11
The Seller also provides the possibility of using the Design Design Service and the subsequent construction of the Attachtap according to the Customer's individual preferences within the Website. For the purpose of purchasing Attachtap in a visual design according to the Customer's instructions, the latter is obliged to fill in the electronic form available on the Website for the purpose of contacting the Seller.
3.12
After filling in the electronic form, the Customer will be contacted by the Seller via the e-mail address provided in the electronic form. The Seller and the Buyer shall mutually agree on the essentials of the Contract, agreeing in particular, but not exclusively, on:
3.13
The Seller shall also deliver to the Customer within the e-mail communication these GTC, the Privacy Policy, or other relevant documents and invoices issued for the provided Service, which the Customer is obliged to pay within its due date.
3.14
The Seller shall prepare an Attachtap design for the Customer within 8 (in words: eight) weeks from the date of payment of the invoice by the Customer. The day of payment means the day on which the funds are credited to the Seller's account.
3.15
The provisions on the purchase of the Goods contained in this article of the GTC shall apply mutatis mutandis to the contractual relationship, the subject of which is the provision of the Service and the subsequent delivery of Attachtap.
3.16
The subject of the Contract is the sale of the Goods and their accessories in the quantity and quality chosen by the Customer and / or the provision of the Service.
3.17
The subject matter of the Agreement is also the rights and obligations of both Contracting Parties and other relevant facts stipulated by the Agreement.
4.1
The Purchase Price represents the amount expressed in Euro, which is charged for the Goods and / or Services selected by the Customer within the Order. The Customer has the opportunity to get acquainted with the price before the binding sending of the Order, resp. before the contractual relationship is established in the case of the provision of the Service.
4.2
The price charged for the Goods and / or Service which is the subject of the Contract must be paid in the form of a non-cash transfer to the Seller's bank account, with the Seller providing the following options for payment of the Purchase Price:
4.3
Fees for the transfer of funds are borne by the Customer, and any fees are not charged by the Seller, but by the entity that arranges the transfer of funds.
4.4
All prices include value added tax (hereinafter referred to as "VAT").
5.1
The Seller undertakes to deliver the Goods which are the subject of the Purchase Agreement no later than 14 (in words: fourteen) working days from the payment of the Purchase Price by the Customer.
5.2
In the event that the Seller does not have the Goods selected by the Customer available in warehouses, it undertakes to deliver the Goods no later than 8 (in words: eight) weeks from the payment of the Purchase Price by the Customer. The Seller is obliged to inform the Customer about this fact upon confirmation of receipt of the Order. As part of securing the Goods by the Customer, unexpected events may occur (caused, for example, due to force majeure), which the Seller is unable to influence and therefore is not liable for damage caused in case of exceeding the specified period.
5.3
Payment of the Purchase Price means the moment the Purchase Price is credited to the Seller's account.
5.4
In the event that the Seller is unable to meet the above delivery time for technical reasons, it undertakes to inform the Customer immediately. The Customer will be provided with the option of an agreement on the delivery of goods within the replacement period, on the provision of other Goods in the same quality and price, or on another replacement performance. If the Customer does not enter into the agreement between him and the Seller, the Seller is obliged to return the price paid for the Goods to the Customer no later than 14 (fourteen) days from the notification of the non-fulfillment of the delivery time, in the same way as used to pay the Purchase Price. The Seller and the Customer do not agree otherwise.
5.5
The costs of delivery of the Goods shall be borne by the Customer and shall be informed of their amount in good time before sending the binding Order, and if it is not possible to unambiguously determine their amount at this time, the Customer shall be informed that these costs will be part of the final Purchase Price for the Goods.
5.6
Due to the fact that the provision of Services (especially in the part of creating Attachtap design proposals) takes place immediately after the conclusion of the Agreement, the Customer is obliged to express explicit consent to the provision of Services before the expiration of the withdrawal period. that he was duly informed of these consequences in accordance with § 4 para. 8 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance or off-premises contract and on the amendment of certain laws.
5.7
The Seller will use all visual and other documents obtained from the Buyer within the order of the Service and their subsequent communication, while delivering the Attachtap design proposal to the Buyer. If the Buyer approves this design, the Seller will start the process of production of the Goods and its subsequent delivery. After the binding approval of the Attachtap design, the Customer is not entitled to change this design or request changes to the Seller, unless the Contracting Parties agree otherwise.
5.8
The delivery time of the Attachtap made in this way is 8 (in words: eight) weeks from the date of payment of the invoice issued by the Seller. In the event that, for any reason on the part of the Seller, the deadline is extended according to this point of the GTC, he is obliged to inform the Buyer immediately, while the deadline for deliveries of the individually made Attachtap may be extended to a maximum of 10 (in words: ten) weeks.
5.9
By concluding the Agreement, the Customer undertakes that the Service, its content and any materials, such as design proposals, visuals, and other objects that may be subject to the protection of intellectual property rights, provided in the performance of the Services, will be used solely for their own use. Own need means the use of the Services in order to obtain an individualized appearance of Attachtap, in the quantity and quality resulting from the Order. Therefore, the Customer is not entitled to use the Service and the materials provided within it, for example, for their further provision to third parties or for commercial use, to use them for direct marketing purposes or to collect them for the purposes of this point and the like.
5.10
Customer is prohibited from damaging the operation and structure of the Website by circumventing or violating security measures, uploading files containing beliefs or malicious programs, or engaging in any other unfair or illegal conduct that violates Seller's laws or rights.
6.1
The contract can be canceled in the following ways:
6.2
If there is a withdrawal from the Contract in accordance with point 6.1. a. of these GTC, the Customer has the right to a refund of the Purchase Price for the undelivered Service and / or Goods, which is the subject of the Purchase Agreement from which it withdraws, within 14 (in words: fourteen) days from the delivery of the withdrawal. This shall not apply if the Contracting Parties have agreed on a substitute performance. Withdrawal Form
7.1
If the Contract has been concluded by means of distance communication, ie in the form of an electronic order form, telephone or e-mail communication or other means of remote communication, the Consumer has the right to withdraw from the Purchase Agreement without giving a reason within 14 : fourteen) days from the date of receipt of the Goods, this period shall be deemed to have been observed if the notice of withdrawal from the Contract was sent to the Seller no later than on the last day of the period. The Goods shall be deemed to have been taken over by the Consumer at the moment the Consumer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered Goods or if the Goods ordered by the Consumer are delivered separately in one Order.
7.2
The Consumer exercises his right to withdraw from the Contract in writing at the address of the Seller's registered office, by e-mail at info@attachtap.sk or in another way that does not raise doubts that the withdrawal from the Contract has taken place.
7.3
The Consumer will use the form delivered to him as part of the confirmation of receipt of the Order by the Seller to withdraw from the Contract. If this form is not available to the Consumer, he has access to it on the Seller's Website.
7.4
The consumer is obliged to bear the burden of proof of withdrawal from the Contract, so we recommend that he keep any document or other proof of the exercise of his right.
7.5
Goods must be sent or delivered to the Company with proof of purchase, complete accessories, documentation and packaging. The Consumer has the right to unpack and test the Goods in a manner suitable to determine the properties and functionality of the Goods as if he had performed the test in the store. The Customer is obliged to send the goods to the address Nad Ostrovom 15, 841 04 Bratislava - mestská časť Karlova Ves.
7.6
The consumer is not entitled to treat the Goods in such a way as to reduce its value. If the Seller finds that the Consumer has treated the Goods in a way that goes beyond what is necessary to determine the characteristics and functionality of the Goods, the Consumer will be liable for the reduction of the value of the Goods.
7.7
Upon withdrawal from the Contract, the Consumer shall bear the costs of returning the Goods. This provision does not apply if the Consumer withdraws from the Contract due to the fact that the delivered Goods did not comply with the content of the Consumer's Order or do not have features that the Consumer has expressed interest in and which match the description provided by the Seller.
7.8
The Seller undertakes, without undue delay, no later than 14 (in words: fourteen) days from the date of delivery of the notice of withdrawal, to return to the Consumer all payments received from him under or in connection with the Contract, including costs of transport, delivery and postage and other costs and fees, in the same manner as used by the Consumer in payment for the goods, unless the Customer and the Seller agree otherwise. At the same time, however, the Seller is not obliged to return all payments to the Consumer under this clause if the returned Goods have still not been delivered to him.
7.9
The Company undertakes to pay for transport, delivery and postage only to the extent of the cheapest and most common method of delivery for a particular type of Goods.
7.10
Upon receipt of the Goods by the Seller, the Seller will perform its inspection and will inform the Customer by e-mail about the cancellation process of the sent items.
8.1
The Customer who acquires ownership of the Goods under the Contract does not acquire the right to the intellectual property items that are part of the Goods, for example in the form of a trademark, trade name or patent, unless the Contract provides otherwise.
8.2
The Customer is also obliged to comply with all conditions of use of the Website, which the Seller has published on a separate subpage of the Website, while the Customer does not acquire any right to intellectual property by using it.
8.3
If the subject of the contractual relationship between the Customer and the Company is the provision of a Service that constitutes the design of the Attachtap according to the Customer's instructions, the Customer acknowledges that the specific version of the Attachtap as well as its visual template may contain protected information and materials that are always owned or held by the Seller and that are protected by applicable intellectual property laws and other laws, including, but not limited to, industrial property laws. The Customer undertakes to use such protected information or materials exclusively for the purposes of using the Service in accordance with the provisions of these GTC. Customer agrees not to copy, reproduce, modify, lend, rent, lease, sell, distribute, download or create derivative works in any way and will not use the Service in any unauthorized manner, including, but not limited to, using the Attachtap design template. for the purpose of its sale or provision to third parties. Any use of the protected information and materials, other than the actual use of the Service in accordance with these GTC, requires the prior written consent of the Company.
8.4
When using the Seller's Service, the customer provides a visual template of the desired appearance of Attachtap. The customer is obliged to ensure that the delivery of materials or any instructions for the construction of Attachtap does not interfere with the rights of third parties, in particular, but not exclusively, intellectual and / or industrial property rights. In the event that the delivery of materials and instructions of the Customer violates the rights of third parties under this point of the GTC, he will be obliged to pay a contractual penalty of 500 € (in words: five hundred euros) for each such violation. The Company retains the right to compensation for damage caused by a breach of the rules of use of the Service pursuant to these GTC, even in the case of payment of a contractual penalty.
8.5
If the Services are used in violation of the provisions, in particular but not exclusively of this article of the GTC, or other contractual documents, including any form of abuse of the Services or breach of contractual obligations by the Customer, the Company shall have the right to suspend the provision of Services. Customer will, by its actions, waive any financial compensation, in kind, or any other compensation for Services not so consumed during the said interruption.
9.1
The Seller is liable for defects in the Goods during the warranty period, which is 24 (in words: twenty-four) months from the date of receipt of the Goods by the Customer. However, the Seller shall not be liable for defects that originate in the use of the Goods in a manner that is not in accordance with the GTC or is illegal, or for defects that have not been claimed immediately.
9.2
The Seller is liable for defects in the Goods during the warranty period, which is 24 (in words: twenty-four) months from the date of receipt of the Goods by the Customer. However, the Seller shall not be liable for defects that originate in the use of the Goods in a manner that is not in accordance with the GTC or is illegal, or for defects that have not been claimed immediately.
9.3
The customer can file a Complaint via electronic communication, especially at the e-mail address info@attachtap.sk and in writing at the address Nad Ostrovom 15, 841 04 Bratislava - Karlova Ves district, where he also sends the claimed Goods with a warranty card and proof of purchase of the Goods.
9.4
In the Complaint, the Customer shall state in particular information about:
9.5
The Company has the right to ask the person making the Complaint to prove that it is a Contracting Party or a person authorized to use the Services by a Contracting Party.
9.6
9.7
The customer shall state which of the rights pursuant to clause 9.8 of these GTC he is interested in implementing.
9.8
The Company will issue to the Customer 1 (in words: one) a copy of the Complaint Protocol, which represents a confirmation of the Complaint's application. The Company will indicate the date of the Complaint on the Complaint Protocol. If it is not possible to issue the Complaint Report immediately, it must be delivered without undue delay, but no later than together with the Complaint Settlement Protocol. In the event that the Customer files a Complaint in the form of electronic communication, the Company will deliver the Complaint Protocol as well as the Protocol on the handling of the Complaint in the form of electronic communication via e-mail.
9.9
The complaint report is a form that the Company delivers to the Customer and represents a confirmation of the claim. The complaint report must contain:
9.10
Attachments to the complaint report include, for example, photo documentation of the detected defect.
9.11
The Complaint Settlement Protocol is issued by the Company as proof of termination and settlement of the Complaint in one of the ways according to the provisions of this article of these GTC. The report on the handling of the complaint must contain:
9.12
We strive to handle complaints as soon as possible. However, in the case of technically complex cases, we reserve the right to settle the complaint within 30 (in thirty) days from the filing of the complaint.
9.13
If we do not process the Complaint within 30 (in thirty) days, you have the right to withdraw from the Agreement or to exchange the Service and / or the Goods for a new Service and / or the Goods.
10.1
The Seller strives to constantly secure the offered Goods, the continuous availability of their order through the Website and trouble-free delivery to the Customer. However, in cases of objective and unavoidable technical obstacles or other facts causing the impossibility of performance for such defects, which the Seller is unable to influence is not responsible. However, it shall make every effort to resolve the obstacles which have arisen without delay.
10.2
The Seller has the right to terminate its business, the provision of Goods and related services and the operation of the Website or part thereof at any time and not to enter into new Contracts with other Customers.
10.3
Within the Website, the Seller attempts a detailed specification of the Goods and Services so that the Customer is sufficiently informed about the nature, character and essentials of the Goods and Services at the time of concluding the Contract. In this connection, however, it is not responsible for the impossibility of using the Goods due to insufficient information of the Customer caused by failure to become acquainted with the information provided on the Website, especially but not exclusively in relation to the compatibility of the Goods with the Customer's equipment.
11.1
The Seller and the Customer have agreed that in the case of delivery of mutual correspondence, delivery in accordance with these GTC means delivery of written content to the electronic address info@attachtap.sk or by registered mail or courier to the address Nad Ostrovom 15, 841 04 Bratislava - city district Karlova Ves. The day of delivery is also considered to be the day on which the Seller or Buyer refuses to accept the delivered document, or on the day of return of the shipment marked "addressee did not accept within the collection period", "addressee moved out", "addressee is unknown" or other similar note. meaning. When documents are delivered electronically by e-mail, the document is considered delivered on the day following the day of its sending. For the needs of delivery by post, the addresses specified in the Purchase Agreement (Order), resp. in the electronic order form, only the addressee of the documents has notified the sending Contracting Party of the new address or a new electronic address for the delivery of documents.
12.1
By concluding the Contract, the Seller and the Customer agree that all possible disputes arising in connection with the fulfillment of obligations under the Contract will be preferentially resolved out of court, by negotiation or mutual agreement. In the event that the Seller and the Customer do not resolve mutual disputes out of court, they are entitled to resolve these disputes in court in accordance with the applicable legislation of the Slovak Republic. The local jurisdiction of the court is given in accordance with Act no. 160/2015 Coll. Code of Civil Procedure, as amended.
12.2
If the Consumer is not satisfied with the manner in which the Company has handled his complaint, or if he feels that his rights have been violated by the Company, he has the right to seek redress from the Company. In the event that the Company does not respond to the request within 30 (in words: thirty) days of its dispatch, or rejects it, the Customer, who is the consumer, has the right to turn to one of the ADR entities, which is also the Slovak Trade Inspection, Bajkalská 21 / A, PO Box no. 5, 820 07 Bratislava. The list of ADR entities is available on the website of the Ministry of Economy of the Slovak Republic under the following link: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia -consumer-disputes-1.
12.3
The consumer customer can also use the European Commission's platform available at the following link for alternative dispute resolution: http://ec.europa.eu/consumers/odr/.
12.4
The Seller accepts suggestions or complaints from Customers at the correspondence address given in the header of these GTC and at the e-mail address info@attachtap.sk.
13.1
In this way, the Company reserves the right to change these GTC. The rules relating to the established commercial or civil relationship between the Company and the Customer result from the wording of the GTC at the time when the Agreement was concluded.
13.2
If any provision of the GTC becomes invalid, ineffective, resp. unenforceable, the other provisions not affected by this remain in full force and effect. In such a case, the Company will replace such provision with a valid, effective and enforceable provision that differs as little as possible from the principles agreed in these GTC, while maintaining the economic and legal purpose and meaning of the replaced provision.
13.3
For the purposes of processing your personal data, the Company is in the position of an independent personal data controller.
The supervisory authority of the Operator is:
SOI Inspectorate for the Bratislava Region
Odbor výkonu dozoru
Prievozská 32, P.O. Box 5
820 07 Bratislava 27
Slovenská republika
Place: Bratislava
Date: 18.06.2021