Terms and Conditions

General commercial conditions of the internet shop

(thereinafter e-shop)

for sales contracts signed up remote by the system of electronic business

and the operating rules of the seller’s website.

Article I. – General capping and definition of terms

1.1 The registration in e-shop and the purchase of products by the e-shop can be done by natural persons or corporation without restrictions providing that they will accept these General commercial conditions.

1.2 Seller and operator of the e-shop (thereinafter „seller“) www.takeonetoo.com (thereinafter „website“) GreenOak s.r.o., Agátová 6,900 31 Stupava, IČO (company registration number): 47394714, registered in Company register of County court Bratislava I, Section: Sro, insert no.: 91985/B.

1.3 A visitor of e-shop is every person that visits website of the seller (thereinafter „visitor“).

1.4 A  person registered in e-shop is every person that filled up and sent a registration form with own personal data.

1.5 Buyer is natural person or corporation, which filled up and sent the purchase by the website of the seller, received an announcement about obtaining the purchase by e-mail and paid the price of product.

1.6 In case of the buyer not being the final consumer, so it is the purchase in order to further business, then contractual relations are following the provisions of the statute no. 513/1991 of Commercial Code as amended.

1.7 The objects of the purchase (thereinafter „product“) are all the products and services posted on the websites of the e-shop.

Article II. – Price

2.1 All posted prices of the products are final. For the consumer prices include VAT.

2.2 The seller is a VAT payer. Tax applying follows The Value Added Tax Act. no. 222/2004 Coll. as amended

2.3 If the place of delivery is a third country, the Seller delivers also a tax document with prices excluding VAT. The tax and customs obligation arises for the buyer in the country of delivery of the goods and is subject to the laws of that country. The buyer is obliged to settle all obligations arising from the laws of the country.

2.4 Price of the products posted on the e-shop website is being the price at the moment of making the purchase.

2.5 Total price of purchase is the total price of products including the transport costs. The transport cost depends on the required amount of products, their size and total weight and chosen form of transport. Transport cost will be counted during the process of making the purchase.

Article III. – Purchase

3.1 The purchase is done by the buyer at the moment of choosing the product, filling up the purchase form and confirming the process of purchase in e-shop. For the correct purchase providing it is necessary to fill up asked information in the purchase and to choose the transport form and payment form for the purchased product or services. During the purchase process the buyer is obligated to mark, if he is buying the goods as a final consumer or as a business subject with own identification number. The information about the purchase being received will be sent to the buyer by e-mail from the seller.

3.2 By sending the purchase, the buyer agrees with the price of purchased product and service, and so the purchase is getting obligatory for the buyer.

3.3 By the confirming of the purchase by the seller, the sales contract is made, and it is possible to change, cancel or complement this contract only with the mutual agreement between the buyer and the seller, unless written otherwise in the enactment.

3.4 By sending the purchase, the buyer is obligated to pay the price of the purchased product.

3.5 The buyer agrees with the invoice or advance invoice being made out electronically and sent to his e-mail address written in the purchase form.

Article IV. – Payment conditions

4.1 It is possible to pay for the product purchased in e-shop by following ways:

– by a prepayment invoice by a transfer payment to the seller’s account,

– payment by a payment site, made via direct redirection to a secure page operated by the service provider for this purpose. The use of the payment gateway is governed by the terms and conditions of the payment portal operator.

Article V. – Delivery conditions

5.1 The seller is obligated to send the product to the buyer in 30 days from the contract being made out, if they did not agree otherwise, or unless there was longer delivery date written by the product. The Seller undertakes to make every effort to ensure that the goods are dispatched as soon as possible.

5.2 If there are more products and services in the purchase and part of them is not available at the moment of the purchase process, the seller is obligated to inform immediately the buyer, and the buyer can agree with the partial deliveries or with the cancelation of the purchase.

5.3 The goods are transported by the seller via the carrier. The term of delivery of the goods is governed by the conditions of the carrier. If the carrier allows tracking and movement of the shipment (via Tracking code), the buyer may use the service.

5.4 With the product also the invoice (tax document) is made out.

5.5 The point of sale is being meant as the point of delivery written as a delivery address.

5.6 The buyer has to make the visual checking of package of the product at the moment of delivery.

5.7 If the mechanical damage of the product’s package is found out, the buyer has to make a record about the damage with the presence of the transporter. The exception about the product will be written on the delivery letter, or the damage survey will be written with the transporter. According to this document, after the cas fortuit dealt with the transporter, new product without damages will be delivered to the customer or an adequate discount will be provided to the customer, if he will agree with that according to the claim conditions.

5.8 In case of the damaged product delivery, the buyer has right to the contract abandonment.

Article VI. – Duration of guarantee

6.1 Guarantee conditions are following the Law: act no. 40/1964 of Civil Code as amended. Basic guarantee time of the new product is 24 months and starts to pass from the day of the delivery of the product.

6.2 The guarantee does not involve defects that can not be gained by the seller (paragraph 1.5, 1.6 and 1.7 of the Claim conditions) or defects related to wrong instructions or low-quality templates provided to the seller for the production.

6.3 In case of buyer not being a consumer (Article 1, paragraph 1.4), the guarantee time of the product for business purpose is 12 months.

Article VII. – The ownership transfer

7.1 The ownership transfers from the seller to the buyer at the moment of the payment of the full price of the contract’s object.

7.2 In case of the claim of the product or services, of which the ownership still refers to the seller, seller has right to process the claim after the payment of whole price of the contract’s subject.

Article VIII. – Cancellation of the contract

8.1 The buyer has right to cancel the purchased product or service without any cancellation charge till the time of product expedition. The cancellation of the purchase needs to by written by e-mail to the address europe@takeonetoo.com at the same day as the seller confirms the delivery of the product to the seller by e-mail.

8.2 By the purchase cancellation, it is necessary to write the purchase number or complete contact details of the buyer.

8.3 In case that the payment for the product was made latest one day before product expedition and so the seller has no expenses with product sending, this amount will be returned to the buyer’s bank account in 14 days (name of the bank, bank account number and number of the bank need to be written), unless the buyer decides otherwise.

8.4 The buyer, which is not the consumer (Article 1, paragraph 1.6), does not have the right to the contract cancellation without cancellation charge. In this case, the buyer can return the product after the agreement with the seller. The product must not be damaged, used and has to be packed in the original package. The cancellation charge, 100% of the product’s selling price is charged to the buyer, unless he agrees with the seller otherwise.

Article IX. – The right of the consumer to return the product without giving a reason and the instruction for the consumer

9.1 The consumer, according to the Law no. 102/2014. Coll about consumer protection by the product selling or services providing according to the contract made at distance or contract made out of operating area of the seller (thereinafter “Law”) by §7 and following, has the right to the contract abandonment in 14 days from assuming the product. If the delivery is a subject of the contract, the consumer has the right of contract abandonment also before product delivery.

9.2 The consumer is obligatory, if wanting to use this right, to deliver the contract abandonment personally latest the last day of the term, to the contact address of the seller, or to send this contract abandonment latest by mail carrier last day of the term to the address written in the contact information.

The consumer is obligatory, after the contract abandonment announcement, to send or personally deliver the subject of the abandoned contract with all the documentation – f.e. original invoice, manual and other documentation of the product that has been delivered with the product, latest in 14 days after the contract abandonment (§10 part 1 of the Law). We recommend the buyers to make a invoice copy for themselves and to send the product by registered and insured mail.

9.3 The seller will return the payment for the product / service including the transport costs according to the §9 part 3) of the Law no.102/2014 Coll. and also expenses demonstrably connected to the product purchase, in 14 days of the contract abandonment delivery, but he does not have to return the payment before he gets the product or till the buyer proves the product sending. That is not valid if the seller suggested to take the product personally.

9.4 The consumer pays the expenses of product returning.

9.5 The right to the contract abandonment is not valid for the products and services mentioned in §7 part 6 a) – l) of the Law no. 102/2014 Coll., specially the product produced according to unique consumer’s demands, products made to measure or product made specially for one consumer.

9.6 The consumer pays for any product’s value decrease caused by larger using than needed for knowing the functionality and characteristics of the product.

Paragraph X. – Rights and duties of the contracting parties

10.1 The seller and the buyer are the contracting parties.

10.2 The buyer is obligatory to:

  • take over the purchased product,
  • pay the price of the product to the seller, including the delivery charges,

10.3 The seller is obligatory:

  • to delivery the product to the customer in requested quality, quantity and for agreed price,
  • by delivering the product to the buyer, to send the invoice for the product, eventually the user manual, care manual etc.

Article XI. – Protection of personal data

11.1 Personal data are processed according to the Law: act no.: 18/2018 Coll. On protection of personal data as amended and in accord with the Order of European Parliament and EU Council 2016/679 (thereinafter „GDPR“). For the purpose of General commercial conditions of the provider, according to these conditions, an aggrieved person is the person whose personal data are proceed.

11.2 The provider declares that the personal data of the User are used for the purpose of closing, fulfilling or changing the contract signed up remote between the User and Operator does not give these data to a third person, with the exception of public authorities in case of control.

11.3 The Operator declares that in relation to processing personal data of aggrieved persons, the decision based exclusively on automatized recourses of personal data processing will not be applied, nor the profiling in terms of the article 22 paragraph 1 a 4 GDPR.

11.4 The operator is obligate to secure the personal data from access by unauthorized persons. The duty of the provider is to announce every important violation or leakage of personal data to the Office of personal data protection of Slovak republic, latest in 72 hours of discovering this safety incident.

11.5. In case of suspicion of illegal personal data processing by the Operator, the aggrieved person has right to file a proposal to initiating procedures about personal data protection to the Office of personal data protection of Slovak republic. (www.dataprotection.gov.sk).

11.6 If by the registration the User agreed with personal data processing for marketing purpose (marking a special check box), he voluntarily agreed with sending the e-mails to the contact e-mail address, phone contact or sending mail to a contact address.

11.7 The aggrieved person can take back agreement of personal data processing any time by sending the Cancellation of personal data processing by mail or e-mail.

11.8 The aggrieved person can use his/her right and ask the Operator for free information about his/her personal data proceed by the application Operator, and for correction, deleting or transfer of personal data.

11.9 Personal data proceed by the Operator are:
– name and surname,
– address,
– phone number,
– e-mail.

11.10 Operator Portal uses cookies for statistical purposes only. Anonymous cookie data cannot be used to uniquely identify the person concerned. Cookie data is used primarily to simplify search, bidding, or other user use. If the user does not wish to use the data, they may refuse the use of cookies, block them, or delete existing data on their computer. It can do so in your web browser settings. Another option is http://www.networkadvertising.org/choices/.

Article XII. – Alternative dispute resolution (ADS)

12.1 According to the Law: act No. 102/2014 Coll. on the protections of consumers in door-to.door and mail order sale and Law: No. 391/2015 on alternative consumers’ dispute resolutionactive since 1.2.2016, the seller informs the buyer (consumer), that in case of not being satisfied with the claim process or in case of assumption of the buyer’s rights being broken, the buyer has right to apply for a correction, using the post address or e-mail address europe@takeonetoo.com

12.2 If the seller responds negatively the application for the correction or does not respond in 30 days, the buyer (consumer) has right to file a proposal to alternative dispute resolution (subject of ADS). According to the Law: act no.: 391/2015 Coll., the ADS subjects are organs and competent corporations as in §3 of theLaw: act no.: 391/2015 Coll. The proposal to alternative dispute resolution can be filed by consumer the way determined in § 12 of the Law: act no: 391/2015 Coll.

12.3 The buyer (consumer) can lodge a complaint also throught the platform of alternative dispute resolution ODR (ODR= online dispute resolution), which is available online on the website: http://ec.europa.eu/.

12.4 Alternative dispute resolution (ADS) can be used only by the consumer. Alternative dispute resolution is dealing only with the conflict between buyer (consumer) and seller resulting from the consumer contract or related to the consumer contract. Alternative dispute resolution is dealing on with the contracts signed up remote. Alternative dispute resolution is not dealing with the conflicts, where the value of the conflict is lower than 20 €. Subject Alternative dispute resolution can ask the consumer to pay the charge max. 5 € incl. VAT for beginning the process of alternative dispute resolution.

Article XIII. – Final provisions

13.1 The seller has the right to change or complement these General commercial conditions and Claim conditions even without former announcement to the buyer. In case of a change in General commercial conditions or Claim conditions, the whole process of purchase and sale is done according to those General commercial conditions, that were relevant at the moment of sending the purchase by the buyer and those are available on the website of the seller.

13.2 The Claim conditions are inseparable part of these General commercial conditions.

13.3 By sending the purchase, the buyer has read the General commercial conditions and Claim conditions and agrees with both of them.

13.4 These General commercial conditions and Claim conditions are available on the website of the e-shop.

13.5. For solving international relations according to the Stature of European Parliament and Council (ES) no. 593/2008 of 17th of June 2008 on governing law for contract commitments (Rome I), the contract parties are dealing with the Slovak governing law.

13.6 Otherwise not mentioned in these General commercial conditions and its inseparable parts (appendices) are following provisions, specially Law: act no. 40/1964 Coll., Law: act no. 513/1991Coll., Law: act no. 108/2000 Coll., Law: act no. 22/2004 Coll., Law: act no. 250/2007 Coll., Law: act no. 102/2014 Coll., Law: act no. 391/2015, Law: act no. 18/2018 Coll., and its novelizations according to the   European Parliament and Council Regulation 2016/679.

13.7 In case that any of the individual provisions of the contract are deemed invalid, unenforceable or incomplete, this will not affect the validity of the remaining provisions of the contract.

13.8 These general commerce conditions including their integral parts, shall become effective and effective in 2019 July 1st.

CONTROL ORGAN:
Inšpektorát SOI pre Bratislavský kraj
 
Bajkalská 21/A, P. O. BOX č. 5, 820 07  Bratislava    
Department of control
tel. č. 02/58 27 21 72, 02/58 27 21 04 
fax č. 02/58 27 21 70 


SELLER:
GreenOak s.r.o.

Agátová 6,

900 31 Stupava

Slovakia, EU

IČO (company registration number): 47394714

DIČ (VAT identification number): 2023854459

IČ DPH: SK2023854459

Company GreenOak s.r.o. is registered in the Commercial Register of Country Court Bratislava I, Section: Sro, insert no.: 91985/B.

Bank connection:

Bank: Fio banka a.s.

Bank account no.: 2100658773/8330

BIC/SWIFT: FIOZSKBAXXX

IBAN: SK5983300000002100658773

Contacts:

E-mail: info@greenoak.sk

europe@takeonetoo.com