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III. PURCHASE CONTRACT CONCLUSION.. 3
V. INFORMATION ABOUT GOODS, PRICE AND PAYMENT CONDITIONS. 5
VI. CONDITIONS OF GOODS DELIVERY. 6
VII. ACQUISITION OF TITLE AND TRANSFER OF THE RISK OF DAMAGE TO GOODS. 8
VIII. WITHDRAWAL FROM THE CONTRACT. 8
IX. COMPLAINT HANDLING POLICY (Liability for Defects, Warranty, Complaints) 11
X. ALTERNATIVE RESOLUTION OF DISPUTES. 11
XI. PERSONAL DATA PROTECTION. 12
1. The General Business Terms and Conditions lay down the details of the rights and obligations of the contracting parties arising in connection with or upon the purchase contract concluded at a distance (hereinafter referred to only as the “Purchase Contract”), concluded by and between the Seller and the Buyer through the website of the e-shop www.pressburgmint.com (hereinafter referred to only as the “E-shop“) operated by the Seller, the subject of which is the sale and purchase of goods.
2. The Seller publishes a list of goods offered for sale to the Buyer and enables the Buyer to order goods through the website of the e-shop. These Business Terms and Conditions apply exclusively to purchases in the Seller´s e-shop.
3. The contracting parties agree that the Business Terms and Conditions and the Complaint Handling Policy are an integral part of any purchase contract concluded by and between the Buyer and the Seller through the Seller´s e-shop, unless otherwise provided herein. In the case the Seller and the Buyer conclude a purchase contract in which they agree the terms and conditions differing from the Business Terms and Conditions, special provisions of the purchase contract always have preference over the Business Terms and Conditions. The Buyer confirms by means of the so-called ticking box in the process of concluding a purchase contract through the e-shop and by sending an order “Send the order with the payment obligation“ that fully understands their content and any and all terms and conditions and agrees with them and is aware of the fact that the Business Terms and Conditions constitute an integral part of the purchase contract concluded by and between the Buyer and the Seller.
4. Contractual relationships (as well as other legal relations that may arise from a contractual relationship) with individuals who during the conclusion of a contract pursuant to these Business Terms and Conditions do not act within their line of business (hereinafter referred to also as the Consumer“), are applied the following regulations:
The Seller is the operator of an e-shop www.pressburgmint.com:
Company name: Pressburg Mint – Bratislavská mincovňa s. r. o.
Registered office: Galvaniho 16407/7D, Bratislava – Ružinov district, 821 04
Company Reg. No. (IČO): 35 755 598
Tax Reg. No. (DIČ): 2021401690
VAT Reg. No. (IČ DPH): SK2021401690
registered with the Company Register maintained by the District Court of Bratislava I., Section: 18124/B, File No.: Sro represented by Ladislav Behul.
Seller´s contact details:
Customer line: Tel.: +421 902 362 688
E-mail: shop@pressburgmint.com
Correspondence address: Galvaniho 16407/7D, Bratislava – Ružinov district, 821 04
Account number for noncash payments:
Bank: Československá obchodná banka, a.s.
Account number: 4003872742
IBAN: SK2175000000004003872742
BIC(SWIFT): CEKOSKBX
Buyer is an individual or a legal entity that purchases goods or uses services, either as a consumer or a business.
Consumer shall be understood, for the purposes of these General Business Terms and Conditions, as an individual who during the conclusion and fulfilment of the purchase contract does not act within his/her line of business, employment, or profession.
Buyer – business entity
– is an entity registered with the Company Register, entity that performs business activities based on a sole trade licence or other then sole trade licence pursuant to special regulations or an entity that carries out agricultural production and is registered in records pursuant to a special regulation.
– if it states its company registration number (IČO), then it takes note that the rules of the General Business Terms and Conditions for Businesses apply to it. Operator´s legal relations with the Buyer that is a business entity explicitly ungoverned by these General Business Terms and Conditions or a contract shall be regulated by applicable provisions of the Act No. 513/1991 Coll., the Commercial Code, as well as by applicable legal regulations.
Force majeure is a circumstance lying in an extraordinary, unforeseeable, unavoidable, and unintentional event.
Supervision over the sale of goods and provision of the transport services by the Seller, including the sale through the e-shop is performed by:
Supervisory body:
1. An order shall be carried out through a completed and sent form featured in the Seller´s e-shop and shall be considered to a binding proposal for the purchase contract conclusion by the Buyer. The Buyer sends an order to the Seller by clicking the button “Send the order with the payment obligation“. The Buyer is acquainted with the fact that the order includes the obligation to pay the purchase price. Details in such order shall be considered correct by the Seller.
The Buyer´s order must contain the following information:
– name and surname,
– delivery address (street, number, town, postal code),
– e-mail and telephone,
– unambiguous identification of ordered goods and their quantity,
– payment method with respect to the goods,
– method of transport and goods takeover,
In the Buyer´s – business entity´s case, the following details as well:
– company name,
– company reg. number, tax reg. number, VAT reg. number,
– invoicing address (if different from the delivery one),
– contact person.
The Buyer´s order that fails to contain all required details shall not represent a binding proposal for the purchase contract conclusion by the Buyer and the Seller will not have the obligation to accept such Buyer’s incomplete order. The Seller may but is not obliged to request the Buyer to supplement missing details in such order. The Buyer´s e-mail address stated in the order will be used to deliver all information to the Buyer and considered to be a durable medium.
The Consumer explicitly confirms that he/she has been acquainted with the fact that the order includes the obligation to pay the purchase price.
2. The Buyer has the right to cancel the order within 24 (twenty-four) hours, without specifying a reason therefor, prior to its binding confirmation by the Seller. The order cancellation may be sent to the e-mail address shop@pressburgmint.com
3. Following the delivery of the order to the Seller, the Buyer will be sent an e-mail as a “order confirmation” to the electronic address (e-mail) provided by the Buyer.
4. The Purchase Contract shall be deemed concluded upon the binding acceptance of the proposal for conclusion of the purchase contract by the Seller.
5. The binding acceptance of the order contains information about name and specification of goods, information about purchase price of the goods, delivery term, place of goods delivery, information about goods transport, including the price of transport, information about payment method, information about the Seller and information about the Buyer or other required details.
6. The Consumer confirms by sending the order that the Seller has fulfilled its information duties duly and in time pursuant to provisions of Section 3 (1) Act No. 102/2014 Coll. on the Consumer Protection in the case of sale of goods or provision of services under a distance contract or contract concluded outside Seller´s operating premises and on amending and supplementing some acts.
1. Seller´s rights and obligations
1.1. Seller´s obligations:
– to provide any and all information within the meaning of legal regulations in force,
– to deliver to the Buyer, upon the order confirmed by the Seller, the goods in the agreed amount, of the agreed quality, within the agreed time limit, to pack and prepare for the transport in the manner as confirmed in the order,
– the goods must meet legal regulations in force,
– to hand all documents over to the Buyer, specially at the latest together with the goods in writing or electronically that are required for their takeover and use within the meaning of legislation in force (tax document, instructions in the Slovak language for assembly, attendance use, maintenance, form for withdrawal from the contract, warranty card in the case a warranty period has been agreed for a longer time than is the statutory period).
1.2. Seller´s rights:
– due and timely payment by the Buyer of the purchase price for the goods delivered,
– verification of identity of the Buyer or the person authorized to collect goods in the case of collection in person, i.e., in the cases the Buyer paid for the goods by card in advance, a bank transfer or by means of an invoice with a maturity term.
2. Buyer´s rights and obligations
2.1 Buyer´s obligations:
– to accept the purchased goods or ordered goods,
– to pay the Buyer the purchase price agreed in the purchase contract and/or according to the Seller´s pricelist valid at the time of the purchase contract conclusion within the agreed time limit, including the cost of the goods delivery,
– to confirm the takeover of the goods by own signature or the signature of the person authorized by the Buyer in the delivery note
2.2. Buyer´s rights:
– the Consumer´s withdrawal from the purchase contract, without specifying a reason therefor, within 14 (fourteen) calendar days. The time limit for the withdrawal from the contract in the case of a contract whose subject is the sale of goods shall expiry after 14 (fourteen) days from the day on which the Buyer or a third party authorized by the Buyer, with the exception for the transport, accepts the goods or concludes a service agreement. The contract shall be terminated from its beginning by the Consumer´s withdrawal from the purchase contract,
– to deliver goods in the agreed amount, of the agreed quality, within the agreed time limit and in the manner and at the place as agreed by the contracting parties in the binding order acceptance.
1. The e-shop specialized in the sale of investment gold and silver coins and bars (hereinafter referred to only as the “Goods”). The amount, the purchase price, properties, and other data are provided on the Seller´s e-shop. The purchase price depends on the selected type of goods. The price of goods is stated in the description and specification of the goods when viewing the particular goods, after putting the goods in the basket, this sum is added the price of transport and packing. The Buyer is informed about the sum of fees in individual steps in dependency on the selection in individual steps of making an order. All prices provided on the Seller´s e-shop are final. Prices are continuously updated 2 (twice) a day, considering and in dependency on the movement of prices on international gold and silver markets. Prices of goods are exempt from the value added tax within the meaning of Section 67 Act No. 222/2004 Coll. on the Value Added Tax.
2. The purchase price for the goods and transport (hereinafter referred to only as the “Total Price“) must be paid by the Buyer by one of the methods as stated below.
– by noncash transfer to the Seller´s account (payment based on a payment call – in advance),
The purchase price is payable within 10 (ten) days from the order confirmation. In the case the Buyer fails to pay for the ordered goods, the Seller has the right to cancel the Buyer´s reservation of goods, to mark the order as invalid and the Purchase Contract shall be thereby terminated. The Buyer is obliged to pay the purchase price of the goods together with the specification of the payment variable symbol. The Buyer´s obligation to pay the purchase price has been fulfilled at the moment of crediting the particular sum to the Seller´s account. The goods will be dispatched after the acceptance of money to the Seller´s account.
– by online payment by card through payment gate (GP WebPay),
3.The Buyer is obliged to pay the purchase price to the Seller for the goods agreed in the purchase contract, the Buyer is authorized to withdraw from the purchase contract and to request the refunding of the purchase price only in accordance with legislation of the Slovak Republic.
4. The Seller shall issue to the Buyer, with respect to the payments made on the basis of the purchase contract, an invoice (tax document) serving also as a warranty card. An invoice (tax document) is sent exclusively electronically, within the meaning of legislation in force, in the PDF format, specifically within 3 (three) days from the acceptance of the payment for the order. If the Buyer requests an invoice in paper form as well, such invoice shall be sent additionally by post.
1. In the case the Seller is obliged to deliver, pursuant to the purchase contract, goods to a place designated by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
2. The takeover of goods by the Buyer is in principle possible only after they have been paid for in full, unless provided otherwise. In the case the Buyer fails to pay the full purchase price to the Seller upon the takeover of the goods, the contracting parties agree that the Seller is authorized to withdraw from the purchase contract and to request from the Buyer compensation for the costs incurred in connection with the ordering and delivering of unpaid goods.
3. The goods shall be sold according to the Seller´s displayed models, sample folders and/or catalogues, situated in the Seller´s e-shop.
4. If it is not agreed how the goods are to be packed, the Seller shall pack the goods as it is customary; if there are no established procedures, then the goods shall be packed in the manner required for keeping the goods protected. The Seller shall prepare the goods for transport in the same way.
5. Information about orientational availability of the goods shall be provided in the e-shop for each item. If the goods is in stock, they are dispatched according to capacity within the shortest time, at the latest though within 30 (thirty) days from the order acceptance. If there are several items and services in the order and part of them is not in stock, we inform the Buyer of the possibility of partial deliveries. In the case it is not possible to meet the given time limits for technical reasons, the Buyer will be informed of such circumstance without undue delay. If the Seller failed to meet its obligation to deliver the goods within the agreed time limit, the Buyer shall call upon the Seller to deliver the goods in an additional reasonable time limit. If the Seller fails to deliver the goods in such additional reasonable time limit, the Buyer shall be authorized to withdraw from the contract.
The place of performance shall be the place to which the goods are delivered. The Seller carries out transport to the Buyer through:
6. The Buyer may choose from the following methods of the goods delivery:
a) delivery of the goods through a courier company
b) delivery of the goods through Slovenská pošta, 1st class
7. When sending the goods in the territory of the Slovakia as well as abroad, the cost of transport is calculated individually pursuant to the particular transporter´s transport price agreement. The Price List of Transport Services constitutes the Annex No. 3 XXX DOPLNÍME
8. The Buyer is obliged to accept the goods at the place that is stated in the Seller´s acceptance of the Buyer´s order. If the Buyer refuses to accept the goods delivered through a transporter with the collection term for no reason, after the expiry of such term stated in the purchase contract, the Seller is entitled to the compensation of the incurred loss (e.g., the entitlement to the compensation of actually incurred expenditure connected with the delivery of the goods, expenditure connected with the packing, order administration and also has the right to charge the lost profit). After the expiry of such collection term within which the Buyer was obliged to accept the goods, the Seller is authorized to withdraw from the purchase contract and to sell the goods to a third party.
9. In the case it is necessary to deliver the goods repeatedly or in other manner than the one stated in the order for reasons on the Buyer´s side, the Buyer is obliged to pay the cost connected with such repeated delivery of the goods or the cost connected with other method of delivery.
10. In the case the Seller delivers the goods to the Buyer to the place designated by the Buyer in the purchase contract, the Buyer is obliged to accept the goods in person or to ensure that the goods are accepted by a person authorized by the Buyer for the case of the Buyer´s absence to take over the goods stated in the purchase contract. A third party authorized by the Buyer to take over the goods stated in the purchase contract is obliged to submit the original or copy of the purchase contract and the document proving the payment of the goods and written authorization.
11. When accepting the goods from the transporter, the Buyer is recommended to check the integrity of the goods packaging and in the case of any defects, to inform the transporter of such fact without undue delay. If noticing a damaged packaging testified to an unauthorized opening of the consignment, the Buyer does not have to accept such consignment from the transporter and shall proceed within the meaning of the clause 13 of this Article. By the Buyer´s signature in the waybill, the Buyer confirms, at the takeover, the integrity, completeness and wholeness of the packaging.
12. The Seller is authorized to deliver the goods prior to the agreed date of delivery of the goods only with the Buyer´s consent.
13. The Buyer is authorized not to accept the goods/to refuse the goods if the Buyer finds out that:
a) the packaging of the goods has been seriously damaged and it may be presumed that the contents inside have been damaged as well, or,
b) the goods is not complete, or,
c) the goods, although packed, obviously do not correspond to the object of the purchase contract,
d) and under the condition that it states grounds for such refusal in the takeover protocol. The Buyer is also obliged to inform the Seller, without undue delay and by means of e-mail to the address for handling orders. The grounds for refusal must be stated by the Buyer (in the case it does not concern withdrawal from the contract in accordance with law) in the takeover protocol (in the case of collection in person or delivery by a courier service).
14. The Seller shall not be held liable for a delayed delivery of the goods caused by a transport company or by providing an incorrect address by the Buyer. Late delivery of the consignment does not authorize the customer to refuse the consignment or to request a discount for the failure to observe the delivery term.
15. The goods is deemed delivered upon delivery of the goods to the address as stated in the order acceptance and taken over upon the physical takeover of the goods by the Buyer or by the Buyer´s authorized representative or upon the refusal to take over the goods which the transporter shall indicate in the protocol on the delivery and handover of the goods.
16. The Seller shall deliver to the Buyer, together with the goods, the document proving the takeover of the goods that is, at the same time, the document proving the payment of the goods in the case of payment on delivery. The invoice shall be sent to the Buyer electronically by e-mail within 3 (three) days from the payment acceptance.
1. The Buyer shall acquire the ownership right to the goods only upon the payment of the purchase price for the goods in full.
2. The risk of damage to the goods shall be transferred to the Consumer when the Buyer or a third party authorized by the Buyer accepts the goods from the Seller or the Seller´s representative in charge of the delivery of the goods or it fails to do so in time, in such case when the Seller enables the Buyer to use the goods and the Buyer does not accept the goods.
3. The risk of damage to the goods shall be transferred to the Buyer – business entity when it accepts the goods from the Seller or it fails to do so in time, in such case when the Seller enables the Buyer to use the goods and the Buyer does not accept the goods.
1. The Consumer takes note that with respect to the nature of the sold goods it is not entitled to the withdrawal from the contract, specifically in accordance with Section 7 (6) of the Act No. 102/2014 Coll. on the Consumer Protection in the case of sale of goods or provision of services under a distance contract or contract concluded outside Seller´s operating premises and on amending and supplementing some acts:
The Consumer cannot withdraw from the contract whose subject is as follows:
– the sale of the goods or the provision of a service whose price depends on the movement of prices on the financial market which cannot be influenced by the Seller and that may take place during the period for withdrawal from the contract.
2. The Seller is authorized to withdraw from the contract if it is not able to deliver the goods duly and in time for the reason of the exhaustion of stocks, unavailability of the goods, technical reasons, operating and technical errors (published incorrect price on the Seller´s website differing from a standard price and the principles of morality) or in the cases when the manufacturer, importer or supplier of the goods postponed production or other serious change occurred or for force majeure grounds. The Seller is obliged to inform the Buyer immediately of such circumstance and to refund the Buyer the already paid purchase price for the goods agreed in the purchase contract within the time limit of 7 (seven) days from the notice of withdrawal from the purchase contract, specifically by transfer to the account as designated by the Buyer, unless the Seller and the Buyer agree on alternative benefits or otherwise.
1. The Complaint Handling Policy is governed by the following applicable provisions of the Act No. 40/1964 Coll., the Civil Code as amended (hereinafter referred to only as the “Civil Code“) as well as the Act No. 250/2007 Coll. on the Consumer Protection and on amendments to the Act of the National Council of the Slovak Republic No. 372/1990 Coll. on the Offences as later amended (hereinafter referred to only as the “Consumer Protection Act“).
2. The Consumer may enforce his/her claims arising from defects of the goods under the terms and conditions as laid down in the Complaint Handling Policy. The Complaint Handling Policy has been adopted and published by the operator on the website www.pressburgmint.com
3. The enforcement of claims arising from defects of the goods by the Buyer – business entity is governed by the applicable provisions of the Commercial Code.
1. Should the Consumer be unsatisfied with the manner in which the Seller handled his/her complaint or assumes that the Seller breached his/her rights, the Consumer may turn to the Seller with a request for rectification.
2. If the Seller replies to the request for rectification negatively or fails to reply to it within 30 (thirty) days from its sending, the Consumer has the right to file, within the meaning of Section 12 Act No. 391/2015 Coll. on Alternative Resolution of the Consumer Disputes and on amending and supplementing some acts, a petition for the commencement of alternative resolution of his/her dispute.
3. The competent entity for alternative resolution of the consumer disputes with the e-shop operator within the meaning of Section 3 of the Act No. 391/2015 Coll. on Alternative Resolution of the Consumer Disputes, specifically e.g., Slovak Trade Inspection (Slovenská obchodná inšpekcia www.soi.sk) or other competent authorized legal entity on the list of entities of alternative resolution of disputes maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskychsporov/146987s), while the Consumer has the right to choose to which of the listed entities of alternative resolution of the consumer disputes he/she shall turn to.
4. At the same time, the Consumer may use, for filing a petition for alternative resolution of his/her dispute, the on-line platform for the resolution of disputes that is available at http://ec.europa.eu/consumers/odr/. Information about fees for such petition may be found by the Consumer on websites of the specific entity for alternative resolution of disputes.
5. The value of the dispute that is to be settled by the alternative resolution of disputes must exceed the sum of 20 (twenty) EUR. The entity for the alternative resolution of disputes may request from the Consumer a fee for the commencement of the alternative resolution of a dispute no more than the sum of 5 (five) EUR, including the value-added tax, i.e., at the earliest together with the sending of the notice of the commencement of the alternative resolution of a dispute.
6. Only the Consumer may demand the resolution of disputes by some of the entities of alternative resolution of the disputes.
1. The Seller as the data controller shall process personal data to an inevitable extent. The Seller processes personal data within the meaning of legal regulations in force and within the meaning of the Act No. 18/2018 Coll. on Personal Data Protection and on amending and supplementing some acts and THE REGULATION 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The method of the Seller´s personal data processing may be found in the section [„GDPR; Personal Data Protection Conditions; Personal Data Protection“].
2. The Seller declares that it has adopted adequate technical, organizational and personnel measures corresponding to the method of personal data processing, while it has namely taken into account the useable technical means, confidentiality and significance of the processed personal data.
1. The Seller reserves the right to amend these Business Terms and Conditions. The obligation to inform about amendments to the Business Terms and Conditions shall be deemed fulfilled by its publication on the Seller´s e-shop.
2. The contracting parties agree that communication between them will take the form of e-mails or letters.
3. The Purchase Contract shall be concluded for a fixed term, i.e., until the fulfilment of obligations of both contracting parties arising from the Purchase Contract and these General Business Terms and Conditions.
4. All binding legal relations established under the contract concluded by and between the Seller and the Buyer in conjunction with these General Business Terms and Conditions shall be governed by the Code of Administrative Procedure of the Slovak Republic.
5. The relations not governed by these General Business Terms and Conditions shall be regulated by applicable provisions, in particular of the Act No. 40/1964 Coll. the Civil Code, the Act No. 22/2004 Coll. on Electronic Business and on amending and supplementing the Act No. 128/2002 Coll. on the State Supervision of Internal Market in the Consumer Protection Matters and on amending and supplementing some acts, the Act No. 250/2007 Coll. on the Consumer Protection and on amendments to the Act of the National Council of the Slovak Republic No.372/1990 Coll. on the Offences as later amended and the Act No. 102/2014 Coll. on the Consumer Protection in the case of sale of goods or provision of services under a distance contract or contract concluded outside Seller´s operating premises and on amending and supplementing some acts and other generally binding legal regulations of the Slovak Republic, the Act No. 513/1991 Coll., the Commercial Code as well as related legal regulations.
6. Annexes hereto constitute an integral part of these General Business Terms and Conditions.
7. These General Business Terms and Conditions are protected by the Act No. 185/2015, Coll. the Copyright Act, in the wording of later legal regulations.
9. These Business Terms and Conditions enter into force and effect on …………………
ANNEX:
1) Complaint Handling Policy
2) Complaint Form
3) Price List of Transport Services
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