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Terms and conditions
Seller information:
Bc. Samuel Furiel
ID number: 53 048 237
VAT number: 11 264 267 63
with registered office: Dlhá nad Oravou 399, 027 55 Dlhá nad Oravou
Registered in the trade register No. 530-12914 at the District Office in Dolný Kubín.
contact details:
- email: psfuriel@gmail.com
- phone: +421 917 398 447
1. Basic provision
1. These general terms and conditions (hereinafter referred to as the "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 Amendments to the Act of the Slovak National Council
No. 372/1990 Coll. on misdemeanors, as amended (hereinafter referred to as
hereinafter referred to as the "Consumer Protection Act"), 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 premises and on amendments to certain acts (hereinafter referred to as the "Consumer Protection Act in Distance Selling")
Bc. Samuel Furiel
ID number: 53 048 237
VAT number: 11 264 267 63
with registered office: Dlhá nad Oravou 399, 027 55 Dlhá nad Oravou
Registered in the trade register No. 530-12914 at the District Office in Dolný Kubín.
contact details:
- email: psfuriel@gmail.com
- phone: +421 917 398 447
-Address for claims, withdrawals from contracts, suggestions and complaints:
Bc. Samuel Furiel
Dlha nad Oravou 399
027 55 Dlha nad Oravou
ID number 53 048 237
email: psfuriel@gmail.com
(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 concludes a purchase contract (hereinafter referred to as the "buyer") via the web interface located on the website available at the internet address www.ps-tile.com, www.psfuriel.sk / (hereinafter referred to as the "online store").
3. The provisions of the Terms and Conditions are an integral part of the purchase contract. Any different arrangements in the purchase contract take precedence over the provisions of these Terms and Conditions.
4. These terms and conditions and the purchase contract are concluded in the Slovak language.
2. Information about goods and prices
1. Information about the goods, including the prices of individual goods and their main features, are listed for individual goods in the online store catalog. The prices of the goods are listed including value added tax, all related fees and costs for returning the goods, if the goods cannot be returned by post due to their nature. The prices of the goods remain valid for the period for which 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 purchase contract regarding these goods.
3. Information about the costs associated with packaging and delivery of goods is published in the online store. Information about the costs associated with packaging and delivery of goods provided in the online store is valid only if the goods are delivered within the territory of the Slovak Republic and the EU (delivery +5€).
4. Any discounts on the purchase price of the goods cannot be combined with each other unless the seller and the buyer agree otherwise.
3. Order and conclusion of a purchase contract
1. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are borne by the buyer himself. These costs do not differ from the basic rate.
2. The buyer places an order for goods in the following ways:
- through your customer account, after prior registration in the online store,
- by filling out the order form without registration.
3. When placing an order, the buyer selects 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 entered in the order. The buyer sends the order to the seller by clicking on the "Order with payment obligation" button. 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 the buyer's confirmation that he has become familiar with these terms and conditions.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered to be the conclusion of the contract. The confirmation is accompanied by the seller's current terms and conditions. The purchase contract is concluded only after the seller has accepted the order. Notification of receipt of the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered to be the conclusion of the contract. The confirmation is accompanied by the seller's current terms and conditions. The purchase contract is concluded by the seller's confirmation of the order to the buyer's email address.
6. In the event that the seller cannot meet any of the requirements specified in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.
7. All orders accepted by the seller are binding. The buyer may cancel the order until the buyer receives notification of acceptance of the order by the seller. The buyer may cancel the order by calling the seller's phone number or 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 ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price, even if the buyer has been sent an automatic confirmation of receipt of the order in accordance with these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his email address. The amended offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.
4. Customer account
1. Based on the buyer's registration in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any possible misuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use the customer account.
5. The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account, or if the Buyer breaches his/her obligations under the purchase contract or these Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
5. Payment terms and delivery of goods
The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
- by bank transfer to the seller's bank account IBAN:SK96 0900 0000 0051 3643 9760, maintained in the payment gateway.
- cashless payment card,
- by bank transfer to the seller's account via the payment gateway IBAN: SK96 0900 0000 0051 3643 9760
- cash on delivery upon delivery of the goods,
- by credit card when collecting in person
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated below, the purchase price also includes the costs associated with delivery of the goods.
3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.
4. In the case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.
6. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before shipping the goods is not a deposit.
7. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure, then no later than within 48 hours.
8. The goods are delivered to the buyer:
- to the address specified by the buyer in the order
- via the delivery office to the delivery office address specified by the buyer,
- by personal collection at the seller's premises
9. The choice of delivery method is made when ordering goods.
10. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's order confirmation. In the event that the method of transport is agreed upon based on the buyer's special request, the buyer bears the risk and any additional costs associated with this method of transport.
11. If the seller is obliged under the purchase contract 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 buyer's part, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
12. When receiving 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. If the packaging is damaged indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
13. The seller issues a tax document - invoice to the buyer. The tax document is attached to the delivered goods.
14. 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. Responsibility for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
6. Withdrawal from the contract
1. A buyer who has concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
2. If the purchase contract is concluded remotely (through an online store) or outside the seller's premises, and at the same time if the seller has timely and properly provided the buyer with information about the right to withdraw from the purchase contract, the conditions, deadline and procedure for exercising the right to withdraw from the purchase contract, including the form for withdrawing from the purchase contract (in accordance with the provisions of Section 3, paragraph 1, letter h) of the Act on Consumer Protection in Distance Selling) and while fulfilling the facts required by law, the buyer has the right, under the Act on Consumer Protection in Distance Selling, to withdraw from the purchase contract without giving a reason and without any penalty.
3. The withdrawal period is 14 days.
- at the moment of receipt of the goods that were delivered last, if the subject of the purchase contract is ordered goods that are delivered separately
- at the moment of taking over the last part or last piece, if the subject of the purchase contract is several types of goods or the delivery of several parts,
- at the moment of receipt of the first delivered goods, if the subject of the purchase contract is goods that are delivered during a defined period.
4. The Buyer acknowledges that, in accordance with the provisions of Section 7(6) of the Act on Consumer Protection in Distance Selling, he cannot, among other things, withdraw from the purchase contract:
- provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was duly informed that by expressing this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
- the sale of goods or the provision of services, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the withdrawal period,
- 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, due to their nature, may be inseparably mixed with other goods after delivery,
- carrying out urgent repairs or maintenance that the consumer has expressly requested from the seller; this does not apply to service contracts and contracts whose subject matter is the sale of goods other than spare parts necessary for carrying out repairs 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,
- sale of sound recordings, video recordings, audiovisual recordings, books or computer software sold in protective packaging, if the consumer has opened this packaging,
- sale of periodicals, with the exception of sales based on subscription agreements and sales of books not supplied in protective packaging,
- provision of accommodation services for purposes other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and under which the seller undertakes to provide these services at the agreed time or within the agreed period,
- provision of electronic content other than on a tangible medium, if its provision began with the consumer's express consent and the consumer declared that he was duly informed that by expressing this consent he loses the right to withdraw from the contract.
5. To comply with the withdrawal period from the purchase contract, the buyer must send any unambiguous statement expressing his will to withdraw from the purchase contract within the period specified in paragraph 3 of Article VI of these Terms and Conditions.
6. To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The buyer shall send the withdrawal form to the seller's email or delivery address specified in these terms and conditions. The seller shall immediately confirm receipt of the form to the buyer.
7. The buyer who has withdrawn from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawal from the purchase contract to the seller. The buyer bears the costs 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 purchase contract, the seller shall return to the buyer immediately, but no later than within 14 days of withdrawal from the purchase contract, all funds, including delivery costs, received from the buyer, in the same manner. The seller shall return to the buyer the funds received in another manner only if the buyer agrees to this and if this does not incur additional costs.
9. If the buyer has chosen a method of delivery other than the cheapest method offered by the seller, the seller will refund the buyer the costs of delivery of the goods in an amount corresponding to the cheapest method of delivery offered.
10If 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 has sent the goods to the seller.
11The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
12. The Seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has discontinued the production or import of goods. The Seller shall immediately inform the Buyer via the email address specified in the order and shall return all funds, including delivery costs, received from the Buyer under the contract within 14 days of the notification of withdrawal from the purchase contract, in the same manner or in a manner specified by the Buyer.
7. Rights arising from defective performance
1. The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer receives the goods:
• the goods have the properties agreed upon by the parties, and in the absence of such an agreement, they have the properties that the seller or manufacturer described or that the buyer expected given the nature of the goods and based on the advertising carried out by them,
• the goods are suitable 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 sample or design, if the quality or design was determined according to the agreed sample or design,
• the goods are in the appropriate quantity, measure or weight and
• the goods comply with the requirements of legal regulations.
2. The seller has obligations for defective performance at least to the extent that the manufacturer's obligations for defective performance last. The buyer is otherwise entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
3. If the period for which the goods can be used is stated on the goods sold, on their packaging, on the instructions attached to the goods or in the advertisement in accordance with other legal regulations, the provisions on the quality guarantee shall apply. By the quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has rightfully complained to the seller about a defect in the goods, the period for exercising rights from defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
4. The provisions set out in the previous paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when they were taken over by the buyer, or if this results from the nature of the goods. The buyer shall not be entitled to a right from defective performance if he knew before taking over the goods that the goods had a defect, or if the buyer himself caused the defect.
5. In the event of a defect, the buyer may submit a complaint to the seller and request:
• exchange for new goods,
• repair of goods,
• a reasonable discount on the purchase price,
• withdraw from the contract.
6. The buyer has the right to withdraw from the contract,
• if the goods have a significant defect,
• if he cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
• in the event of a large number of defects in the goods.
• Size doesn't fit.
7. A material breach of a purchase contract is one that the party breaching the contract knew or should have known at the time of concluding the contract, and that the other party would not have concluded the contract if it had foreseen the breach.
8. In the event of a defect that constitutes a non-material breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.
9. If a case of a removable defect occurs repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to request a discount on the purchase price, exchange of goods or withdraw from the contract.
10. When making a complaint, the buyer is obliged to notify the seller of the right he has chosen. Changing the choice without the seller's consent is possible only if the buyer has requested the repair of a defect that proves to be irreparable. If the buyer does not exercise his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
11. If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price upon withdrawal from the contract.
12. If the seller proves that the buyer knew about the defect in the goods before taking over or caused it himself, the seller is not obliged to satisfy the buyer's claim.
13. The buyer cannot complain about discounted goods for the reason for which the goods are discounted.
14. The Seller is obliged to accept the complaint in any establishment where the complaint can be accepted, or at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what the content of the complaint is and what method of handling the complaint the Buyer requests, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
15. The seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be resolved without delay, no later than 30 days from the date of filing the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of filing a complaint is considered the moment when the buyer's will is expressed (the exercise of the right from defective performance) to the seller.
16. The seller informs the buyer in writing about the outcome of the complaint.
17. The buyer does not have the right to claim defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.
18. In the event of a justified complaint, the buyer has the right to compensation for the costs incurred in connection with the complaint. The buyer may exercise this right against the seller within one month after the expiration of the warranty period, otherwise the court may not grant it.
19. The buyer has the choice of the method of complaint.
8. Delivery
1. The Parties may deliver all written correspondence to each other via electronic mail.
2. The Buyer shall deliver correspondence to the Seller to the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer to the email address specified in his customer account or in the order.
9. Personal data
1. All information you provide during our cooperation is confidential and we will treat it as such. Unless you give us your written consent, we will not use your data in any way other than for the purpose of fulfilling the contract, except for the email address to which commercial communications may be sent, as this is permitted by law unless you refuse it. These communications may only concern similar or related goods and can be unsubscribed from at any time in a simple way (by sending a letter, email or clicking on the link in the commercial communication). The email address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.
2. For more detailed information on personal data protection, please see the privacy policy HERE.
10. Out-of-court dispute resolution
1. The Slovak Trade Inspection Authority, with its registered office at PO BOX 29, Bajkalská 21/A, 827 99 Bratislava, internet address: https://www.soi.sk/sk, is responsible for the out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from a purchase contract.
2. The European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, internet address: http://www.evropskyspotrebitel.sk is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
3. The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. The Slovak Trade Inspection carries out, among other things, supervision of compliance with the Consumer Protection Act and the Consumer Protection Act in Distance Selling, to a defined extent.
11. 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 purchase contract 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 rights of the consumer arising from generally binding legal regulations.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 3, Paragraph 1, Letter n) of the Act on Consumer Protection in Distance Selling.
3. All rights to the Seller's website, in particular copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or part thereof without the Seller's consent.
4. The Seller is not liable for errors resulting from third party interference with the online store or from its use contrary to its intended purpose. The Buyer may not use procedures when using the online store that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components constituting the online store without authorization and to use the online store or its parts or software in a manner that would be contrary to its intended purpose or purpose.
5. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
6. The seller may change or supplement the text of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous text of the terms and conditions.
7. The appendix to the Terms and Conditions is a sample withdrawal form.
These terms and conditions come into effect on 22.6 2024