General Terms and Conditions

I. Introductory Provisions and Definitions

These General Terms and Conditions (hereinafter also “GTC”) govern the legal relationships between the company

Business name: Ing. Peter Hanák - Nízka Cena
Place of business: 92401 Galanta, Štvrť SNP 1001/31, Slovak Republic
Registered in the register of the District Office Galanta, Trade Register Number: 220-29664
Company ID (IČO): 47633468
Tax ID (DIČ): 1086372859

Bank account:
Fio Bank for payments in EUR: IBAN: SK23 8330 0000 0022 0203 2472
For the Czech Republic, payments in CZK: 2202032472/2010, SWIFT/BIC: FIOZSKBAXXX

The Seller is not a VAT payer /Value Added Tax/.

(hereinafter also the “Seller”) and every person who is a Buyer of goods or services offered by the Seller on the Seller’s Website, and who acts in the position of a consumer within the meaning of the further provisions of these General Terms and Conditions and the relevant laws defining the consumer, within the valid legislation of the Slovak Republic, in particular the laws: Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a contract concluded at a distance or a contract concluded outside the Seller’s business premises as amended, Act No. 250/2007 Coll. on consumer protection as amended, Act No. 22/2004 Coll. on electronic commerce as amended, Act No. 40/1964 Coll. the Civil Code as amended, Act No. 250/2007 Coll. on consumer protection as amended.

1.1. The email contact and telephone contact for the Seller is:

Email: info@coolarts.sk
Tel. No.: +421907232627

1.1.1. The address for sending documents, complaints, withdrawals from contracts, etc. is:

Ing. Peter Hanák - Nízka Cena, SNP 1001/31, 924 01 Galanta, Slovak Republic

1.2. These General Terms and Conditions regulate the legal relationships between Buyers who are consumers and the Seller.

1.3. The term Online store is identical with the terms E-shop and Website.

2. A Buyer is any person (natural person or legal entity) who has sent an order via the electronic order form using the Seller’s website, or by other means of distance communication.

2.1. A Consumer is a Buyer who is a natural person and who, when concluding a purchase contract via the Seller’s Website, does not act within the scope of their business activity.

2.2. Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with Buyers who act in the position of legal entities, or with sole traders who act within the scope of their business activity /Buyers who are not in the position of a consumer/ are governed by Act No. 513/1991 Coll. the Commercial Code as amended.

2.3. For the purposes of these General Terms and Conditions, a contract concluded at a distance means a contract between the Seller and the consumer agreed and concluded exclusively by means of one or more means of distance communication without the simultaneous physical presence of the Seller and the consumer, in particular using the website or by other means of distance communication.

2.4. The term Purchase Contract includes a purchase contract, a contract for the provision of a service, and a contract for the provision of electronic content not supplied on a tangible medium.

3. Products (hereinafter also the “Items”) are goods, services, which are intended for sale and at the same time are published on the Seller’s Website.

3.1. The term Goods also includes electronic content not supplied on a tangible medium.

4. The Seller is also the operator of the electronic system through which it operates the website at the domain named www.coolarts.sk

5. The competent authority exercising supervision over legality in the field of consumer protection is:

Inspectorate of the Slovak Trade Inspection
with its registered office in Trnava for the Trnava Region
Trhová 243/2, 917 01 Trnava
Slovak Republic

Contact:
tel. no.: 033/551 26 56
e-mail: tt@soi.sk
web link for submitting suggestions: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

6. The Buyer may also address complaints or suggestions directly to the Seller at the address stated in Art. I, point 1.1.1. of these GTC. The Seller also recommends that Buyers address complaints and suggestions (for the purpose of speeding up handling) to the Seller’s email address: info@coolarts.sk

Any complaint or suggestion will be assessed and handled by the Seller within 10 working days from its receipt. The Seller shall inform the Buyer about its handling in the same manner in which the Buyer delivered the complaint or suggestion to the Seller.

7. Pursuant to §3, para. 1, letter n) of Act No. 102/2014 Coll., the Seller informs the consumer that there are no special applicable codes of conduct to which the Seller has committed to adhere; a code of conduct means an agreement or a set of rules that define the Seller’s behavior, which the Seller has committed to observe in relation to one or more specific commercial practices or business sectors, if these are not established by law or other legal regulation or measure of a public authority, which the Seller has committed to adhere to, and the manner in which the consumer can become acquainted with them, or obtain their wording.

II. Ordering a Product – Conclusion of the Purchase Contract

1. A proposal for the conclusion of a purchase contract by the Buyer is the sending of a product order by the Buyer carried out via the electronic order form, using the Seller’s website, or by other means of distance communication.

2. The purchase contract between the Buyer and the Seller is concluded at the moment of delivery of the order acceptance confirmation to the Buyer, which the Buyer created pursuant to Art. II, point 1 of these GTC by the Seller (electronically to the Buyer’s email address chosen by the Buyer during the order creation process).

2.1. If the Buyer chooses as a form of payment an online card payment, a payment by transfer to the Seller’s account, the Purchase Contract is concluded at the moment of the simultaneous fulfillment of two conditions, namely:

2.1.1. Crediting the total order price to the Seller’s account.

2.1.2. Confirmation of the Buyer’s order by the Seller pursuant to Art. II, point 2 of these GTC.

2.1.3. If both conditions specified in points 2.1.1. and 2.1.2. of Art. II of these GTC have been fulfilled, the Purchase Contract is concluded at the moment of fulfillment of the condition that was fulfilled later.

3. The Purchase Contract is concluded for a definite period and terminates in particular by the fulfillment of all obligations of the Seller and the Buyer.

3.1. The Purchase Contract may also terminate in other cases defined by the legal order of the Slovak Republic, in particular by agreement of the contracting parties, withdrawal from the contract by the consumer, or non-payment of the order price within the due date.

4. The Seller informs the Buyer that in the case of ordering products by the Buyer, the ordering is associated with the Buyer’s obligation to pay, in the form of payment chosen by the Buyer.

III. Purchase Price and Payment Terms

1. The price of goods and services ordered via the Seller’s Website (hereinafter the “purchase price”) is listed separately for each product and is valid at the moment the order is created by the Buyer.

2. The basic currency is the euro.

3. The purchase price of goods or services listed on the Seller’s Website is the total price of the goods or services including all other taxes, and is clearly indicated on the Seller’s Website. The purchase price of goods or services does not include transport costs, nor other costs related to the delivery of products. The Seller is not a VAT payer /value added tax/.

IV. Methods of Payment

1. You can pay for goods and services on the Seller’s Website by the following methods:

1.1. cash on delivery for Zásielkovňa (pickup points) – price €0.50
1.2. cash on delivery for Zásielkovňa (courier to address) – price €1.00
1.3. cash on delivery for Slovenská pošta – price €1.00
1.4. personal transfer to the Seller’s bank account – price €0
1.5. payment by bank card via the GOPAY payment gateway – price €0
1.6. online bank transfer via the GOPAY payment gateway – price €0
1.7. instant payment via GOPAY Wallet – price €0
1.8. instant payment with the virtual currency BitCoin – price €0
1.9. instant payment via the electronic wallet Google Pay – price €0

V. Delivery of Products

1. The Seller is obliged to fulfill the order and deliver the goods or services to the Buyer within a period of no later than 30 days from the date of conclusion of the purchase contract pursuant to Art. II, point 2 et seq. of these GTC. However, the usual period in which the Seller dispatches the goods or the service is 1 working day from the date of conclusion of the purchase contract pursuant to Art. II, point 2 et seq. of these GTC.

1.1. The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality together with the tax documents related to the order, and other documents, if they exist and are typical for the given products or services.

2. The place of delivery of the ordered product is the address stated by the Buyer in the order.

3. The Seller shall carry out delivery of the product by its own means into the hands of the Buyer (or a person authorized by the Buyer to receive the product), or via third parties (transport and parcel companies).

4. Delivery of the product is effected by its acceptance by the Buyer (or a person authorized by the Buyer to receive the product).

5. The Seller may send the goods that are immediately available to the Buyer and deliver the remaining part of the order additionally within a period that is in accordance with the delivery period under these GTC, but only provided that the Buyer does not incur any additional costs by this action of the Seller, and only if the Buyer agrees.

VI. Acceptance of the Product

1. The risk of damage to the product and liability for damage to the product passes to the Buyer only upon its proper acceptance, regardless of whether the Buyer accepts the product personally or through an authorized / empowered third person. The Seller recommends that the Buyer check the order received upon acceptance.

2. Upon acceptance of the product, ownership of the purchased product passes to the Buyer. In the case of mail order sales, ownership passes to the Buyer upon acceptance of the product by the Buyer at the place of delivery designated by the Buyer.

2.1. Among other things, the Buyer has the right not to accept the delivered product from the carrier, especially if the delivered item is of a different type or in cases /the list given is only demonstrative and does not affect other rights of the Buyer not to accept the delivered product/:

a) delivery of the product/products that are in conflict with the concluded purchase contract
b) delivery of the product/products that are in damaged packaging, or
c) delivery of the product/products that are without the relevant documents.

2.2. If the delivery of the product/products to the Buyer occurs under letter a) of point 2.1 of this article, among other things, the Buyer has the right for the Seller to deliver the item in accordance with the agreed conditions in the purchase contract free of charge and without undue delay, either by replacing the product/products or by repairing them. If such a procedure is not possible, the Buyer has the right to request a discount on the purchase price or to withdraw from the contract.

3. The Seller has the right to proper and timely payment of the order price by the Buyer for the delivered goods.

VII. Shipping – Methods of Product Delivery and the Price for Their Delivery

1. The Seller’s shipping costs are not included in the purchase price of the product listed on the Seller’s Website.

Methods of delivery and the price for delivery of ordered products:
2.1. Forms of Delivery:

2.1.1. Slovenská pošta “Parcel to post office”
2.1.2. DPD courier service
2.1.3. Zásielkovňa service Z-POINT
2.1.4. Zásielkovňa service HOME DELIVERY

2.2. Prices for Delivery:

DPD Home SR Courier to address = €5.49

Slovenská pošta:

Class - Parcel to post office without cash on delivery = €2.99
(The relevant post office will, in exceptional cases, attempt to deliver the parcel to the address. However, it is mostly held at the relevant post office.)

Zásielkovňa:

Zásielkovňa SR Home (Courier to address) = €5.49
Zásielkovňa SR Z-Point (Pickup point Z-Point in SR) = €3.25
Zásielkovňa CZ Z-Point (Pickup point Z-Point in CZ) = €4.49
Zásielkovňa HU Z-Point (Pickup point Z-Point in HU) = €4.49

2.3. If the total purchase price of products in a single Buyer’s order is higher than the amount of €55, the price for any chosen form of delivery is €0.

VIII. Buyer’s Withdrawal from the Purchase Contract Without Giving a Reason

1. The consumer is entitled to withdraw from the contract without giving a reason within 14 calendar days from the day of acceptance of the goods, if the Seller has duly and timely fulfilled the information obligations under § 3 para. 1 letter h). of Act No. 102/2014 Coll. as amended.

If the Seller has duly and timely provided the consumer with information on the right to withdraw from the contract pursuant to § 3 para. 1 letter h) of Act No. 102/2014 Coll., the consumer is entitled, even without giving a reason, to withdraw from a contract concluded at a distance, or from a contract concluded outside the Seller’s business premises within 14 days from the day of:

a) acceptance of the goods according to Art. VIII, point 1.1. of these GTC in the case of contracts the subject of which is the sale of goods,
b) conclusion of a contract for the provision of a service, or
c) conclusion of a contract for the provision of electronic content not supplied on a tangible medium.

1.1. Goods are considered accepted by the consumer at the moment when the consumer or a third person designated by them, with the exception of the carrier, accepts all parts of the ordered goods, or if

a) goods ordered by the consumer in one order are delivered separately, at the moment of acceptance of the goods that were delivered last,
b) goods consisting of several parts or pieces are delivered, at the moment of acceptance of the last part or the last piece,
c) goods are delivered repeatedly during a defined period, at the moment of acceptance of the first delivered goods.

1.1.1. If the Seller provided the consumer with the information according to § 3 para. 1 letter h) of Act No. 102/2014 Coll. as amended only additionally, but no later than within 12 months from the commencement of the period for withdrawal from the contract under Art. VIII point 1. of these GTC, the period for withdrawal from the contract shall expire 14 days from the day the Seller additionally fulfilled the information obligation.

1.2. If the Seller did not provide the consumer with the information according to § 3 para. 1 letter h) of Act No. 102/2014 Coll. as amended even within the additional period under Art. VIII point 1.1.1. of these GTC, the period for withdrawal from the contract shall expire 12 months and 14 days from the day the period for withdrawal from the contract began to run under Art. VIII point 1. of these GTC.

1.3. The consumer may withdraw from a contract the subject of which is the delivery of goods even before the start of the period for withdrawal from the contract.

2. The consumer is obliged, no later than 14 days from the date of withdrawal from the contract, to send the goods back or hand them over to the Seller or to a person authorized by the Seller to take over the goods. This does not apply if the Seller proposes to pick up the goods in person or through a person authorized by him. The period according to the first sentence is considered observed if the goods were handed over for transport no later than on the last day of the period. (§10 para. 1 of Act No. 102/2014 Coll.).

3. If the consumer wishes to exercise this right, they must notify the Seller of withdrawal from the purchase contract no later than on the last day of the specified period. The period for withdrawal from the contract is considered observed if the notice of withdrawal from the contract was sent to the Seller no later than on the last day of the period to the Seller’s address, which is:

Ing. Peter Hanák - Nízka Cena, SNP 1001/31, 924 01 Galanta, Slovak Republic

This right may also be exercised by the consumer at any of the Seller’s establishments.

4. Withdrawal from the purchase contract may be exercised with the Seller in paper form or in the form of a record on another durable medium. Withdrawal from the contract may also be exercised via the Withdrawal from Contract Form, which is made available on the Seller’s website. The consumer is entitled to withdraw from the contract orally as well, in particular by an unambiguously worded statement of the consumer expressing their will to withdraw from the contract.

5. By withdrawing from the contract, the contracting parties are obliged to return to each other the performances provided. The consumer is liable only for the reduction in the value of the goods that occurred as a result of handling the goods beyond what is necessary to ascertain the characteristics and functionality of the goods. The consumer is not liable for the reduction in the value of the goods if the Seller did not fulfill the information obligation on the consumer’s right to withdraw from the contract pursuant to § 3 para. 1 letter h) of Act No. 102/2014 Coll.

6. For withdrawal from the contract without giving a reason, the consumer may use the purchase contract withdrawal form. The said form is freely available on the Seller’s Website.

7. If the consumer withdraws from the contract under Act No. 102/2014 Coll., they shall bear the costs of returning the goods to the Seller pursuant to § 10 para. 3 of Act No. 102/2014 Coll., and if they withdraw from a contract concluded at a distance, also the costs of returning the goods which, due to their nature, cannot be returned by post. This does not apply if the Seller has agreed to bear them himself, or if he has not fulfilled the obligation under § 3 para. 1 letter i) of Act No. 102/2014 Coll.

8. The Seller is obliged, without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the consumer all payments received from them under the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees; this is without prejudice to § 8 para. 5 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a contract concluded at a distance or a contract concluded outside the Seller’s business premises and on amendments to certain laws.

9. Pursuant to § 9 para. 3 of Act No. 102/2014 Coll. as amended, the Seller is not obliged to reimburse the consumer for additional costs if the consumer has expressly chosen a method of delivery other than the cheapest common method of delivery offered by the Seller. Additional costs mean the difference between the delivery costs chosen by the consumer and the costs of the cheapest common method of delivery offered by the Seller.

10. Parcels sent in the event of withdrawal from the purchase contract as cash on delivery will not be accepted by the Seller. We recommend that Buyers send parcels by registered mail or a similar form without indicating a cash-on-delivery amount.

11. In the event of withdrawal from the contract, the consumer bears only the costs of returning the goods to the Seller or to a person authorized by the Seller to take over the goods. This does not apply if the Seller has agreed to bear them himself, or if he has not fulfilled the obligation under § 3 para. 1 letter i). Act on consumer protection in the sale of goods or provision of services under a contract concluded at a distance or a contract concluded outside the Seller’s business premises and on amendments to certain laws.

12. In addition to the obligations referred to in paragraphs 1, 3 to 5 and § 9 para. 3 of Act No. 102/2014 Coll., the exercise of the consumer’s right to withdraw from the contract must not result in additional costs or other obligations for the consumer.

13. The right of withdrawal does not apply to goods and services defined in §7 para. 6 letters a) to l) of Act No. 102/2014 Coll.

Specifically:

a) provision of a service, if its provision began with the consumer’s explicit consent and the consumer declared that they were duly informed that by expressing this consent they lose the right to withdraw from the contract after the full provision of the service, and if the service has been fully provided,

b) sale of goods or provision of a service the price of which depends on movements in the financial market that the Seller cannot influence and which may occur during the period for withdrawal from the contract,

c) sale of goods made according to the consumer’s specific requirements, goods made to measure or goods intended specifically for one consumer,

d) sale of goods which are subject to rapid deterioration or perishability,

e) sale of goods sealed in protective packaging which is not suitable for return for health protection or hygiene reasons and whose protective packaging was broken after delivery,

f) sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

g) sale of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, while their delivery can be carried out at the earliest after 30 days and their price depends on movements in the market which the Seller cannot influence,

h) carrying out urgent repairs or maintenance, which the consumer expressly requested from the Seller; this does not apply to contracts for services and contracts whose subject is the sale of goods other than spare parts necessary to carry out the repair or maintenance, if they were concluded during the Seller’s visit to the consumer and the consumer did not order these services or goods in advance,

i) sale of audio recordings, video recordings, audiovisual recordings or computer software sold in protective packaging, if the consumer has unsealed this packaging,

j) sale of periodical press with the exception of sales under a subscription agreement and sale of books not supplied in protective packaging,

k) provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the Seller undertakes to provide these services at an agreed time or within an agreed period,

l) provision of electronic content other than on a tangible medium, if its provision began with the consumer’s explicit consent and the consumer declared that they were duly informed that by expressing this consent they lose the right to withdraw from the contract.

14. In the event of withdrawal from the contract, the Seller is obliged to return the funds to the consumer in the same form in which he received them from the consumer. Changing the form of returning funds to the consumer is possible only on the basis of the consumer’s consent.

15. In the case of withdrawal from a contract, the subject of which is the sale of goods, the Seller is not obliged to return payments to the consumer under § 9 para. 1 of Act No. 102/2014 Coll. before the goods are delivered to him or until the consumer proves sending the goods back to the Seller, unless the Seller proposes to pick up the goods in person or through a person authorized by him.

16. If the consumer withdraws from a contract for services and prior to the beginning of the provision of services granted explicit consent under § 4 para. 6 of Act No. 102/2014 Coll. as amended, the consumer is obliged to pay the Seller only the price for the actually provided performance until the day of delivery of the notice of withdrawal from the contract. The price for the actually provided performance is calculated proportionally based on the total price agreed in the contract. If the total price agreed in the contract is overestimated, the price for the actually provided performance is calculated on the basis of the market price of the performance provided.

17. The consumer is not obliged to pay for:

17.1. Services provided during the period for withdrawal from the contract regardless of the extent of the performance provided, if:

17.1.1. The Seller did not provide the consumer with information under § 3 para. 1 letter h) or letter j) of Act No. 102/2014 Coll. as amended

17.1.2. The consumer did not grant the Seller explicit consent to start providing the service under § 4 para. 6 of Act No. 102/2014 Coll. as amended

17.2. Fully or partially provided electronic content not supplied on a tangible medium, if:

17.2.1. The consumer did not grant the Seller explicit consent to start providing electronic content under § 4 para. 8 of Act No. 102/2014 Coll. as amended

17.2.2. The consumer did not declare that they were duly informed that by expressing consent under the first point they lose the right to withdraw from the contract, or

17.2.3. The Seller did not provide the consumer with confirmation in accordance with § 6 para. 1 or para. 2 letter b) of Act No. 102/2014 Coll. as amended

IX. Alternative Dispute Resolution

1. If the consumer is not satisfied with the manner in which the Seller handled their complaint or believes that the Seller has violated their rights, the Buyer has the right to contact the Seller with a request for remedy. If the Seller responds to the consumer’s request under the previous sentence negatively or does not respond to such a request within 30 days from the day it was sent by the consumer, the consumer has the right to file a proposal to initiate alternative dispute resolution pursuant to § 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Laws as amended. The competent entity for alternative resolution of consumer disputes with the Seller is the Slovak Trade Inspection (contact can be found at https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another competent authorized legal person registered in the list of entities for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/, or directly at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

The Buyer has the right to choose which of the stated entities for alternative dispute resolution they will contact. The Buyer may use the online dispute resolution platform to submit a proposal for alternative resolution of their consumer dispute, which is available at http://ec.europa.eu/consumers/odr/, or directly at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Alternative dispute resolution may be used only by a Buyer who, when concluding and fulfilling the contract, acts in the position of a consumer. Alternative dispute resolution concerns only a dispute between the consumer and the Seller arising from a consumer contract or related to a consumer contract. Alternative dispute resolution concerns only contracts concluded at a distance. The entity for alternative dispute resolution may reject the proposal if the quantifiable value of the dispute does not exceed the amount of 20 euros. The ADR entity may request from the consumer payment of a fee for initiating alternative dispute resolution up to a maximum of EUR 5 including VAT.

All further information regarding the alternative resolution of disputes between the Seller and the Buyer – consumer arising from the Purchase Contract as a consumer contract or related to the Purchase Contract as a consumer contract is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Laws as amended.

X. Final Provisions

1. The Seller reserves the right to change the General Terms and Conditions. The obligation to give written notice of a change to the General Terms and Conditions is fulfilled by placing it on the Seller’s Website. In the event of a change to the General Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Terms and Conditions valid and effective at the time of conclusion of the Purchase Agreement, until the moment of its termination.

2. Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with natural persons who, when concluding the purchase contract under these GTC, do not act within the scope of their business activity /consumers/, are governed, in addition to the general provisions of Act No. 40/1964 Coll. the Civil Code as amended, also by special regulations, in particular Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a contract concluded at a distance or a contract concluded outside the Seller’s business premises and Act No. 250/2007 Coll. on consumer protection.

3. These General Terms and Conditions form an integral part of the Complaints Procedure and the Principles and Information on Personal Data Protection of this Website. The documents – Complaints Procedure and the Principles and Information on Personal Data Protection of this Website are published on the domain of the Seller’s Website.

4. These General Terms and Conditions become valid and effective upon their publication on the Seller’s Website on 25.08.2021

Annex No. 1 – Sample form for withdrawal from the contract (download by clicking)

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