Obchodné podmienky

OBCHODNÉ PODMIENKY

Seller Martin Ringoš
Registered address: Svätoplukova 206/8, 052 01 Spišská Nová Ves
Company ID (IČO): 44785968
Tax ID (DIČ): 1081416369
VAT ID (IČ DPH): The seller is not a VAT payer.
Registered in the trade register of the District Office in Spišská Nová Ves, trade license number 860-17735.
For the sale of products and services through the online store located at www.ringos.sk.

1. Introductory Provisions

1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of Martin Ringoš, with registered address at Svätoplukova 206/8, Spišská Nová Ves, Company ID: 44785968, Tax ID: 1081416369, registered in the trade register of the District Office in Spišská Nová Ves, trade license number 860-17735 (hereinafter referred to as the "Seller"), govern in accordance with Section 1751, Paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or based on a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") via the Seller's online store. The online store is operated by the Seller on the website located at www.ringos.sk (hereinafter referred to as the "Website"), through the web interface of the website (hereinafter referred to as the "Web Store Interface").

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of their business activities or in the course of their independent professional performance when ordering goods.

1.3. Provisions deviating from the Terms and Conditions can be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Slovak language. The Purchase Contract can be concluded in the Slovak language.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect rights and obligations arising during the effective period of the previous version of the Terms and Conditions.

2. User Account

2.1. Based on the Buyer's registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter referred to as the "User Account"). If the Web Store Interface allows it, the Buyer can also place orders without registration directly from the Web Store Interface.

2.2. When registering on the Website and when ordering goods, the Buyer is obligated to provide accurate and truthful information. The Buyer must update the information in their User Account in case of any changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is required to maintain the confidentiality of the information necessary to access their User Account.

2.4. The Buyer is not entitled to allow third parties to use their User Account.

2.5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for an extended period [specify the time period] or if the Buyer violates obligations arising from the Purchase Contract (including these Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly due to necessary maintenance of the hardware and software of the Seller, or necessary maintenance of third-party hardware and software.

3. Conclusion of the Purchase Contract

3.1. The entire presentation of goods placed in the Web Store Interface is for informational purposes only, and the Seller is not obligated to conclude a Purchase Contract for such goods. The provisions of Section 1732, Paragraph 2 of the Civil Code do not apply.

3.2. The Web Store Interface contains information about the goods, including the prices of individual items and the costs of returning the goods, in cases where these goods cannot be returned by regular postal service due to their nature. The prices of the goods are listed, including VAT and all related fees. The prices of the goods remain valid as long as they are displayed in the Web Store Interface. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually agreed terms.

3.3. The Web Store Interface also contains information about costs associated with packaging and delivering goods. The information on costs related to packaging and delivery of goods displayed in the Web Store Interface is valid only in cases where the goods are delivered within the territory of the Slovak Republic.

3.4. To order goods, the Buyer must fill out the order form in the Web Store Interface. The order form contains mainly the following information:

3.4.1. Information about the ordered goods (the ordered goods are "added" by the Buyer into the electronic shopping cart of the Web Store Interface);

3.4.2. Information about the method of payment of the purchase price for the goods, details on the required delivery method of the ordered goods, and

3.4.3. Information about costs associated with the delivery of the goods (collectively referred to as the "Order").

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and modify the information entered in the Order, including the option to identify and correct errors made while entering the information in the Order. The Buyer sends the Order to the Seller by clicking on the "Order with obligation to pay" button. The information provided in the Order is considered correct by the Seller. The Seller will immediately confirm receipt of the Order to the Buyer by email, to the Buyer's email address provided in the User Account or in the Order (hereinafter referred to as the "Buyer's Email Address").

3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, total price, estimated shipping costs), to request additional confirmation of the Order from the Buyer (for example, in writing or by phone).

3.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the Order (confirmation), which is sent by the Seller to the Buyer via email, to the Buyer's Email Address.

3.8. The Buyer agrees to use remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer when using remote communication means in connection with concluding the Purchase Contract (costs of internet connection, costs of telephone calls) are borne by the Buyer, and these costs do not differ from the basic rates.

4. Price of Goods and Payment Conditions

4.1. The price of the goods and any costs associated with the delivery of goods under the Purchase Contract can be paid by the Buyer to the Seller using the following methods:

• Cashless transfer to the Seller's bank account
• Payment via the payment gateway

4.2. Along with the purchase price, the Buyer is also obligated to pay the Seller the costs associated with packaging and delivery of goods, at the agreed rate. Unless expressly stated otherwise, the purchase price also includes costs associated with the delivery of goods.

4.3. In the case of payment by bank transfer, the purchase price is payable within 5 days from the conclusion of the Purchase Contract.

4.4. In the case of cashless payment, the Buyer is obligated to pay the purchase price of the goods together with the variable symbol of the payment. 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 account.

4.5. The Seller is entitled to require payment of the full purchase price before the goods are sent to the Buyer, especially if the Buyer does not provide additional confirmation of the Order (Article 3.6). The provisions of Section 2119, Paragraph 1 of the Civil Code do not apply.

4.6. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

4.7. If it is customary in business relations or if so stipulated by generally binding legal regulations, the Seller will issue a tax document – an invoice – to the Buyer regarding payments made under the Purchase Contract. The Seller is a non-VAT payer. The tax document – the invoice – will be issued by the Seller to the Buyer after the price of the goods is paid and sent to the Buyer's email address.

5. Withdrawal from the Purchase Contract

5.1. The Buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract for the delivery of goods that have been customized according to the Buyer's wishes or for their person, from the Purchase Contract for the delivery of goods subject to rapid deterioration, or from the Purchase Contract for the delivery of goods that have been irreversibly mixed with other goods after delivery.

5.2. In cases where it is not a case referred to in Article 5.1 or another case where withdrawal from the Purchase Contract is not possible, the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829, Paragraph 1 of the Civil Code, within fourteen (14) days from the date of receipt of the goods. The withdrawal from the Purchase Contract must be sent to the Seller within the aforementioned period. For the withdrawal from the Purchase Contract, the Buyer can use the standard withdrawal form provided by the Seller, which is attached to the Terms and Conditions. The Buyer can send the withdrawal from the Purchase Contract to the address of the Seller's premises or to the Seller's email address.

5.3. In the event of withdrawal from the Purchase Contract under Article 5.2 of the Terms and Conditions, the Purchase Contract is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal from the Purchase Contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Seller, even in cases where the goods cannot be returned by regular postal service due to their nature.

5.4. In the event of withdrawal from the Purchase Contract under Article 5.2 of the Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Contract in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or in another way, if the Buyer agrees and if no additional costs arise for the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obligated to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been sent back to the Seller.

5.5. The Seller is entitled to unilaterally set off a claim for compensation for damage caused to the goods against the Buyer's claim for the refund of the purchase price.

5.6. In cases where the Buyer is entitled to withdraw from the Purchase Contract in accordance with Section 1829, Paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time, until the Buyer takes over the goods. In such a case, the Seller will return the purchase price to the Buyer without undue delay, in a cashless manner, to the account specified by the Buyer.

5.7. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract for such a gift ceases to be effective and the Buyer is obligated to return the provided gift together with the goods to the Seller.

6. Transportation and Delivery of Goods

6.1. In cases where the method of transportation is agreed upon based on the Buyer's special request, the Buyer bears the risk and any additional costs associated with this mode of transportation.

6.2. If, under the Purchase Contract, the Seller is obligated to deliver the goods to a location specified by the Buyer in the Order, the Buyer is obligated to take over the goods upon delivery.

6.3. In the event that, for reasons on the part of the Buyer, the goods need to be delivered repeatedly or in a manner different from that specified in the Order, the Buyer is obligated to pay the costs associated with the repeated delivery or with the different delivery method.

6.4. Upon receiving the goods from the carrier, the Buyer is obligated to check the integrity of the packaging of the goods, and in the event of any defects, to immediately notify the carrier. In the event of damage to the packaging indicating unauthorized entry into the shipment, the Buyer may not take over the shipment from the carrier.

6.5. Other rights and obligations of the parties concerning the transportation of goods may be governed by the Seller's special delivery terms, if issued by the Seller.

7. Rights from Defective Performance

7.1. The rights and obligations of the parties regarding rights from defective performance are governed by applicable generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).

7.2. The Seller is responsible to the Buyer for ensuring that the goods have no defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer took over the goods:
7.2.1. The goods have the properties agreed upon between the parties, and in the absence of such an agreement, they have the properties described by the Seller or expected by the Buyer given the nature of the goods and based on the advertisement.
7.2.2. The goods are suitable for the purpose stated by the Seller or for the purpose for which goods of this type are usually used.
7.2.3. The goods correspond to the quality or design of the agreed-upon sample or model, if the quality or design was determined based on the agreed-upon sample or model.
7.2.4. The goods are in the appropriate quantity, measurement, or weight.
7.2.5. The goods comply with the requirements of legal regulations.

7.3. The provisions outlined in Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed upon, or to wear and tear caused by their normal use, or in the case of second-hand goods to a defect corresponding to the degree of use or wear the goods had when taken over by the Buyer, or if it follows from the nature of the goods.

7.4. If a defect appears within six months of the Buyer's receipt of the goods, it is assumed that the goods were defective at the time of receipt. The Buyer is entitled to exercise rights from defects that occur with consumer goods within twenty-four months of receipt.

7.5. Rights from defective performance are exercised by the Buyer with the Seller at the Seller's premises where the claim can be accepted considering the nature of the sold goods, or at the registered office or place of business. For the purpose of claiming, the moment when the Seller receives the claimed goods from the Buyer is considered the moment of claim.

7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's claim rules.

8. Other Rights and Obligations of the Contracting Parties

8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826, Paragraph 1, Letter e) of the Civil Code.

8.3. Out-of-court complaint handling is provided by the Seller via the email address provided in these Terms and Conditions. The Seller will send information about the resolution of the Buyer's complaint to the Buyer's email address.

8.4. The Seller is entitled to sell goods based on a trade license. Trade licensing is carried out within the relevant trade office, under its authority. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765, Paragraph 2 of the Civil Code.

9. Protection of Personal Data

9.1. The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

9.2. The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "Personal Data").

9.3. The Buyer agrees to the processing of Personal Data by the Seller for the purposes of fulfilling the rights and obligations under the Purchase Contract and for the purposes of maintaining the user account. Unless the Buyer selects another option, the Buyer agrees to the processing of Personal Data by the Seller also for the purposes of sending information and commercial communications to the Buyer. The consent to the processing of Personal Data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the Purchase Contract.

9.4. The Buyer acknowledges that they are obligated to provide their Personal Data (during registration, in their user account, when placing an order on the online store) correctly and truthfully and that they are obligated to inform the Seller without undue delay about any changes to their Personal Data.

9.5. The Seller may delegate the processing of the Buyer's Personal Data to a third party, as a processor. Apart from persons transporting goods, Personal Data will not be provided to third parties by the Seller without the Buyer's prior consent.

9.6. Personal Data will be processed for an indefinite period. Personal Data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The Buyer confirms that the provided Personal Data is accurate and that they were informed that this is a voluntary provision of Personal Data.

9.8. In the event that the Buyer believes that the Seller or the processor (Article 9.5) is processing their Personal Data in violation of the protection of the Buyer's private and personal life or in violation of the law, especially if the Personal Data is inaccurate with regard to the purpose of their processing, they may:

• Request an explanation from the Seller or processor.
• Demand that the Seller or processor rectify the situation.

9.9. If the Buyer requests information regarding the processing of their Personal Data, the Seller is obligated to provide this information. The Seller is entitled to request a reasonable fee for providing the information, not exceeding the costs necessary to provide the information.

10. Sending Commercial Communications and Storing Cookies

10.1. The Buyer agrees to the sending of information related to the Seller's goods, services, or business to the Buyer's email address and further agrees to the sending of commercial communications by the Seller to the Buyer's email address.

10.2. The Buyer agrees to the storage of cookies on their computer. If the purchase on the website can be made and the Seller's obligations under the Purchase Contract can be fulfilled without the storage of cookies on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.

11. Final Provisions

11.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

11.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

11.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

11.4. The Seller's contact details: address for delivery of written communications, email address, and telephone number.

12. Governing Law and Jurisdiction

12.1. These Terms and Conditions, as well as the Purchase Contract, are governed by the law of the Czech Republic. Any disputes arising from the relationship between the Buyer and Seller will be resolved by the courts of the Czech Republic, with the local jurisdiction being determined by the Seller's registered office.

12.2. In the event that the Purchase Contract contains a cross-border element, the parties agree that the law applicable to the Purchase Contract will be Czech law, and any disputes will be resolved by the competent courts of the Czech Republic. This provision does not affect the consumer's rights to pursue legal claims before the competent courts of the consumer's home country if such rights are conferred by applicable international treaties or EU regulations.

12.3. In case of a consumer dispute arising from the Purchase Contract that cannot be resolved by mutual agreement, the consumer has the right to seek out-of-court dispute resolution. The entity authorized for out-of-court consumer dispute resolution is the Czech Trade Inspection Authority, which can be contacted via their website or at their offices. Consumers may also use the European Commission's online dispute resolution platform.

12.4. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.5. An appendix to the terms and conditions includes a sample form for withdrawing from the purchase agreement.

12.6. Contact details of the seller: delivery address Svätoplukova 206/8, 052 01, Spišská Nová Ves, email address info@ringos.sk, telephone +421 910 613 451.

In Spišská Nová Ves on 1.10.2022