Terms and Conditions

Business conditions

of Gynex-Chemalex s.r.o

Gynex-Chemalex s.r.o., with registered office at Na lánoch 10, 821 01 Bratislava, Business: Lehnice-Kolónia 645, 930 37 Lehnice

 

Tel./fax.: 00421 31 558 658 0, 00421 31 553 0298-9, e-mail: gynex(@)gynex.sk ID: 53 456 432, VAT ID: SK 21 2139 7949, Registered: Okr.súd Bratislava I, no.: 7051/B,

Article I.

Introductory provisions

The General Terms and Conditions (hereinafter referred to as the "GTC") regulate the relationship between the buyer and the seller in accordance with the generally binding legal regulations in force in the territory of the Slovak Republic. These GTC are an indivisible part of purchase contracts concluded between the seller and third parties. In the event of a conflict between the provisions of these GTC and arrangements specified in the purchase contract, of which they are a part, the provisions specified in the purchase contract take precedence.

 

Buyers can be natural persons as well as legal entities.

 

The seller is the operator of the website www.gynexchemalex.com as an electronic trading system through Internet communication (hereinafter referred to as the "online store").

 

In addition to the general provisions of the Civil Code, special legal regulations also apply to business relations (as well as other legal relations that may result from it) with natural persons who do not act when concluding business contracts in accordance with these General Terms and Conditions within the scope of their business activity, in particular the Act no. 102/2014 Coll. on consumer protection when selling goods at a distance or providing services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments to certain laws and Act no. 250/2007 Coll. on consumer protection.

 

Business relations (as well as other legal relations that may result from it) with legal entities or natural persons - entrepreneurs are subject to the provisions of the Commercial Code as amended.

 

The buyer is any person (natural or legal) who sent an electronic order through the online store.

 

 Electronic order means an electronic form filled in and sent by the buyer, processed by the store's system (or an email sent to the seller's email address with the details of the form in question.

The order form contains information about the buyer, a list of ordered goods (from the seller's current offer published on the website - in the online store) and the price of these goods.

 

Goods are products / products found in the current offer of the online store

 

 

 

 

Article II.

Ordering goods and concluding a purchase contract, Custom order

 

 With his order sent to the seller, the buyer expresses an interest in buying certain goods, provided that the buyer has correctly and completely filled in all the necessary data specified in the order through the online store.

The buyer's order must always include:

 

• invoicing data of the buyer (name, registered office/place of business, ID number, VAT number, or VAT number, entry in the relevant register),
• e-mail address of the buyer,
• who filled out the order on behalf of the buyer, stating the name and contact details,
• required type of goods and required quantity of goods.

 

The acceptance of the goods order by the seller, and thus the conclusion of the purchase contract, takes place on the basis of written confirmation of a correctly and completely completed electronic order in electronic form, i.e. by e-mail sent by the seller (hereinafter referred to as "acceptance").

 

A custom order is a special order of the buyer through the online store, by which the buyer orders selected goods made according to the buyer's special requirements, or goods made to measure or goods intended or modified specifically for a specific person according to the buyer's specifications stated in the order of goods. After acceptance by the seller, the custom order cannot be subsequently changed. The seller reserves the right to implement a custom order only after payment of the purchase price in full to the seller's account. In the case of a Custom order, the deadline for the delivery of the goods begins after the Custom order has been accepted by the seller and at the same time the purchase price of the Custom order has been paid in full to the seller's account.

 

 Article III.

 

The purchase price of the goods is listed in the online store. All prices are contractual.

 

The buyer acknowledges that the seller sells goods in the online store for a fee, and in the case of an order, the buyer undertakes to pay the agreed purchase price of the goods.

Current and valid prices are listed in the online store. The prices are final, i.e. including VAT, or all other taxes and fees that the consumer must pay to obtain the goods, this does not apply to possible fees for transport etc. .

 

Promotional prices are valid until stock is sold out when specifying the number of promotional items or for a specified period of time.

 

All prices of goods in the online store are listed in Euros.

 

The purchase price is payable by cashless transfer to the seller's bank account before the delivery of the goods using the payment options listed in the online store or cash on delivery.

 

The ownership right to the goods passes to the buyer only at the moment of full payment of the purchase price for the delivered goods and the risk of damage to the goods passes to the buyer at the moment of delivery of the goods to the buyer.

 

 In the case of payments from abroad, the buyer bears all bank fees outside the Slovak Republic.

 

Article IV.

Terms of Delivery

 

The usual availability of goods with the date of their dispatch is indicated for each item on the website of the electronic store. The goods that are in stock will usually be shipped by the seller on working days within 24 hours of accepting the order. For goods that the seller does not have in stock at the time of acceptance of the order, the delivery time will usually be within 7 working days. In the case of a longer delivery time, the seller will inform the buyer about the expected delivery time by phone or email the next working day after accepting the buyer's order.

 

The seller undertakes to deliver to the buyer the goods determined according to the type, quality and quantity, as stated in the purchase contract concluded between the buyer and the seller, under the conditions agreed in the purchase contract and in accordance with these General Terms and Conditions, together with a written copy of these General Terms and Conditions and with all documents necessary for operation and use of the goods in the state language, as well as tax documents relating to the goods.

 

In the event that the goods delivered to the buyer are not delivered with a written copy of these General Terms and Conditions, the buyer is obliged to notify the seller of this fact in writing within three days from the date of receipt of the goods at the latest, otherwise it is assumed that the seller's obligation to deliver a written copy of these General Terms and Conditions has been fulfilled .

 

 The seller processes all received online store orders in the order in which they are delivered to him. The basic delivery time for ordered goods is 10 days from

on the date of acceptance of the electronic order by the seller. The seller reserves the right to inform the buyer about the extended delivery period in the case of selected goods at the latest before accepting the order via e-mail.

 

The seller reserves the right to change the terms of delivery of the goods in case of additional requirements of the buyer, if these are accepted by the seller.

 

If the seller cannot deliver the ordered goods to the buyer, he is obliged to inform the buyer about this without delay and return to the buyer the purchase price paid for the goods or the advance payment within 14 days at the latest, unless the contracting parties agree otherwise.

 

The place of delivery of the goods is the address indicated by the buyer in the online order as the place of delivery of the goods.

 

The delivery of the goods is made by handing over the goods to the buyer (or the buyer's authorized person to take over the goods) or by handing over the goods to the first carrier for transport.

 

Transported goods must be suitably and securely packed. By signing the consignment note, the buyer confirms at the same time that the packaging has not been tampered with and that the received goods are complete and intact.

 

In the case of visible damage to the goods and their packaging, the buyer is entitled not to accept the goods and to mark a note about the damage to the goods in the consignment note with a description of the damage. All defects and damages reported later, or complaints about the delivered quantity and quality of the goods will not be accepted by the seller.

 

In the case of impossibility or difficulty in the delivery of goods due to the fault of third parties (strikes by transporters, interventions by customs authorities, etc.) or in the event of circumstances of an objective nature making delivery impossible ("force majeure" - natural disasters, martial law, political and economic decisions, etc.) the delivery period is automatically extended by the period of such impossibility or difficulty; the buyer's claims for damages due to the seller's delay in fulfilling the obligations under the purchase contract and these GTC are excluded.

 

The seller is entitled to refuse or suspend the delivery of the goods, if the buyer is in arrears with the payment of the due obligation towards the seller; applies if the buyer has not withdrawn from the contract before the delivery of the goods. If the buyer does not pay his obligations within 5 days from the refusal or suspension of the delivery of the goods, the seller is entitled to immediately withdraw from the purchase contract. The buyer is responsible for damages incurred by the seller in such a case and undertakes to pay them in full.

 

Article V.

Withdrawal from the contract by the buyer

 

Withdrawal from the contract by the buyer who is a consumer:

1. a) Pursuant to the provisions of § 7 of the Act on consumer protection in door-to-door sales and mail-order sales no. 102/2014 Coll. the buyer has the right to withdraw from the contract concluded in this way without giving a reason within 14 calendar days from the day of taking over the goods, while it is necessary for the buyer to deliver a written withdrawal from the contract to the seller's address within the specified period. The buyer has this right even if he picked up the goods ordered through the online store in person at the seller's outlet. The withdrawal period is considered to have been observed if the buyer sends the seller that he is withdrawing from the contract during it.

 

1. b) In case of withdrawal from the contract according to letter a) within 14 days of withdrawal, the buyer is obliged to send the goods back to the seller, hand over the goods to the seller or hand over the goods to a person authorized by the seller to take over the goods, while the costs of returning the goods to the seller are borne by the buyer. This does not apply if the contracting parties agree that the seller will pick up the goods personally or through a person authorized by the seller. The deadline is preserved if the goods were handed over for transport no later than the last day of the deadline. The buyer has the right to have the seller refund the price for the transport, but only in the amount corresponding to the cheapest method of delivery of the goods that he offered for the delivery of the goods.

 

1. c) In case of withdrawal, the buyer is obliged to return the goods complete, with full documentation, clean, undamaged, if possible including the original packaging, in the condition and value in which he received the goods. If the goods are returned incomplete or damaged, the seller can reduce the returned purchase price by the corresponding amount.

 

1. d) After withdrawing from the contract, the seller will return to the buyer all payments made by the buyer in connection with the conclusion of the contract, especially the purchase price, including the costs of delivery of the goods. This does not apply to additional costs if the buyer has chosen a different type of delivery than the cheapest common delivery method offered by the seller. Payments will be returned to the buyer without undue delay, at the latest within 14 days from the day the seller receives the buyer's written notice of withdrawal from the contract. The payment will be made in the same way that the buyer used for his payment, unless the buyer has expressly agreed to a different payment method, without charging any additional fees.

 

1. e) Payments according to letter d) however, they will not be returned to the buyer before the buyer returns the goods to the seller or proves that they have been sent back to the seller.

 

Sample withdrawal form

 

Withdrawal from the contract by the buyer who is an entrepreneur:

1. a) If the buyer is an entrepreneur, he may withdraw from the contract in the cases specified in the Commercial Code as amended.

 

1. b) In the event that the buyer - entrepreneur withdraws from the contract, the buyer - entrepreneur bears the entire cost of returning the goods to the seller.

 

Withdrawal from the contract by the buyer (consumer or entrepreneur) in the case of a custom order:

 

Due to the fact that on the basis of a Custom order, it involves the sale of goods made according to the special requirements of the buyer, or goods made to measure or goods intended or modified specifically for a specific person, the buyer cannot withdraw from the purchase contract after the seller has accepted the Custom order in writing. Sending an e-mail to the buyer is considered written acceptance of the Custom order by the seller.

 

Withdrawal from the contract by the seller

 

The seller is entitled to withdraw from the contract due to sold-out stocks, unavailability of goods, or if the manufacturer, importer or supplier of the goods agreed in the contract interrupted production or made serious changes that made it impossible to fulfill the seller's obligations under the contract or for reasons of force majeure, or if even when exerting all the efforts that can be fairly required of the seller, is not able to deliver the goods within the period determined by these conditions. In these cases, the seller is obliged to inform the buyer about this fact without unnecessary delay and to return to the buyer the total price already paid for the goods, within 14 days from the date of notification of withdrawal from the contract. The total price paid for the goods will be returned by the seller in the same way as the total price was paid by the buyer, while this does not affect the right to agree with the buyer on another method of refund, if no additional fees are charged to the buyer in connection with this.

 

The seller is entitled to withdraw from the contract even if the buyer has not taken over the goods within 5 working days from the day on which he was obliged to take over the goods.

 

Article VI.

Liability for defects, warranty and complaints

 

If it is a product defect that can be removed, the buyer has the right to have it removed free of charge, in a timely manner and properly. The seller is obliged to remove the defect without undue delay.

 

Instead of removing the defect, the buyer can demand the replacement of the goods, or if the defect concerns only a part of the goods, the replacement of the part, if this does not incur disproportionate costs for the seller in view of the price of the goods or the severity of the defect.

 

Instead of removing the defect, the seller can always replace the defective product with a defect-free one, if this does not cause serious difficulties for the buyer.

 

If there is a defect in the goods that cannot be removed and which prevents the goods from being properly used as a defect-free item, the buyer has the right to exchange the goods or withdraw from the purchase contract. The same rights belong to the buyer if the defects can be removed, but if the buyer cannot properly use the goods due to the reappearance of the defect after repair or due to a larger number of defects.

 

If there are other non-removable defects, the buyer has the right to a reasonable discount from the price of the goods.

 

The seller informed the buyer about his rights, which follow from paragraph § 622 of the Civil Code (items 1 to 3 of this article) and the rights that arise from section § 623 of the Civil Code (points 4 and 5 of this article) by placing these GTC on the seller's website and the buyer had the opportunity to read them before sending the order. The seller is only responsible for those defects in the goods that the goods have at the time of their delivery to the buyer and for defects that occur after the goods have been received by the buyer during the warranty period. The seller is not responsible for product defects if these were caused by the buyer and/or third parties.

 

The buyer is obliged to notify the seller in writing of defects in the delivered goods without undue delay.

 

The seller provides a 24-month warranty on the delivered goods. The warranty for the goods begins on the day of receipt of the goods by the buyer. The buyer has the right to claim a warranty from the seller only for goods that show defects, are within the warranty period and were purchased from the seller.

 

 

 

The warranty for the goods expires:

 

• if the goods have been tampered with, modified or repairs without the participation of the seller, or contrary to his instructions,
• if the goods were used for purposes that do not meet their technical parameters or for which they are not intended,
• if the goods were damaged due to incorrect or unprofessional assembly by non-compliance with generally applicable principles and procedures for the given type of work,
• if the goods were damaged due to incorrect handling or storage at the buyer's place,
• if the defects occurred as a result of other circumstances beyond the seller's control (especially cases of "force majeure", the effect of corrosion, aggressive water, improper treatment and others).

 

The warranty conditions for the goods are governed by the Seller's Complaints Procedure and the valid legal regulations of the Slovak Republic. The purchase receipt serves as a warranty card.

 

Article VII.

Privacy

The contracting parties have agreed that if the buyer is a natural person, he is obliged to notify the seller of his name and surname, address of permanent residence including zip code, telephone number and email address.

 

The contracting parties have agreed that the buyer, if he is a legal entity or an individual entrepreneur, is obliged to notify the seller of his business name, registered office address, including zip code, social security number, tax identification number, telephone number and email address.

 

The buyer can check and change the provided personal data at any time, as well as cancel his registration after logging in to the e-commerce website in the My Profile section.

 

The seller hereby informs the buyer that pursuant to para. § 10 par. 3 letters b) Act no. 122/2013 Coll. on the Protection of Personal Data and on Amendments and Supplements to Certain Acts as amended (hereinafter referred to as "ZnOOÚ") the seller as an operator will process the buyer's personal data in the process of concluding a purchase contract without his consent as the person concerned, since the processing of the buyer's personal data will be carried out by the seller in pre-contractual relations with the buyer and the processing of the buyer's personal data is necessary for the performance of the purchase contract, in which the buyer is one of the contractual parties.

 

By checking the relevant box before sending the order, the buyer can express his consent in accordance with para. § 11 par. 1 of the Act, for the seller to process and store his personal data, especially those listed above and/or which are necessary for the seller's activities related to sending information about new products, discounts and promotions on the offered goods, and to process them in all of his information systems , regarding the sending of information about new products, discounts and promotions on the offered goods.

 

The seller declares that in accordance with section § 6 par. 2 letters c) ZnOOÚ will collect personal data exclusively for the purpose stated in these GTC.

 

The seller declares that in accordance with section § 6 par. 2 letters e) ZnOOÚ will acquire personal data for purposes other than those specified in these business and complaint conditions separately and will ensure that personal data is processed and used exclusively in a manner that corresponds to the purpose for which it was collected and that it will not be combined with personal data. which were acquired for other purposes.

 

The seller undertakes to handle and dispose of the buyer's personal data in accordance with the applicable legal regulations of the Slovak Republic. After fulfilling the purpose of processing, the seller shall immediately dispose of the buyer's personal data in accordance with § 17 par. 1 of the Act.

 

The buyer can withdraw consent to data processing at any time in writing. The consent expires within 1 month from the delivery of the written withdrawal of consent by the buyer to the seller.

 

The seller undertakes not to provide the obtained personal data to a third party, with the exception of providing absolutely necessary data to an external carrier for the purpose of transporting the goods to the buyer.

 

Before sending the order, the buyer will be asked to confirm by checking the box before sending the order that the seller has notified him in a sufficient, understandable and unmistakable way:

 

1. a) your identification data, which are listed in Art. 1. of these GTC,

 

1. b) identification data of the third party, which is the company that will deliver the ordered goods to the buyer in such a way that these data are indicated in the acceptance,

 

1. c) the purpose of processing personal data, which is the conclusion of a purchase contract between the seller and the buyer,

 

1. d) that it will process the buyer's personal data in the scope of first and last name, address of permanent residence including zip code, telephone number and e-mail address, if the buyer is a natural person and in the scope of business name, registered office address including zip code, social security number, telephone number and e-mail address if legal entity buyer,

 

1. e) that the buyer is obliged to provide the requested personal data,

 

The seller declares that he will process personal data in accordance with good morals and will act in a way that does not contradict ZnOOÚ or other generally binding legal regulations and will not circumvent them. The seller declares that the consent of the person concerned will not be forced or conditioned by the threat of rejection of the contractual relationship, service, goods or obligation established for the seller.

 

The buyer has the right to demand from the seller based on a written request

 

1. a) confirmation of whether or not personal data about his person are being processed,

 

1. b) purpose of personal data processing,

 

1. c) in a generally comprehensible form, information about the processing of your personal data in the information system and its status to the extent:

 

1. i) identification data of the seller and the seller's representative, if appointed,

 

1. ii) identification data of the intermediary; this does not apply if the seller does not proceed in accordance with § 8 ZnOOÚ when obtaining personal data,

 

1. d) in a generally comprehensible form, precise information about the source from which he obtained his personal data for processing,

 

1. e) in a generally comprehensible form, a copy of his personal data, which are the subject of processing,

 

1. f) additional information which, with regard to all the circumstances and conditions of personal data processing, is necessary for the buyer to guarantee its rights and interests protected by law, in particular

 

1. i) instruction on the voluntariness or obligation to provide the requested personal data; if the seller obtains the buyer's personal data on the basis of the buyer's consent according to § 11 ZnOOÚ, he will also notify the buyer of the validity period of the consent, and if the buyer's obligation to provide personal data results from a directly enforceable legally binding act of the European Union, an international treaty to which the Slovak Republic is bound, or a law , the seller informs the buyer of the legal basis that imposes this obligation on the buyer, and informs the buyer of the consequences of refusing to provide personal data,

 

1. ii) information about third parties, if it is assumed or obvious that personal data will be provided to them,

 

iii) range of recipients, if it is assumed or obvious that personal data will be made available to them,

 

1. iv) form of publication, if personal data are to be published,

 

1. v) third countries, if it is assumed or obvious that personal data will be transferred to these countries,

 

1. g) correction of his incorrect, incomplete or out-of-date personal data, which are the subject of processing,

 

1. h) liquidation of his personal data, if the purpose of their processing has been fulfilled; if the subject of processing is official documents containing personal data, he can request their return,

 

1. i) liquidation of his personal data, which are the subject of processing, if there has been a violation of ZnOOÚ or other valid legislation of the Slovak Republic.

Based on a free written request, the buyer has the right to object to the seller:

 

1. a) the processing of his personal data, which he assumes are or will be processed for direct marketing purposes without his consent and to request their liquidation,

 

1. b) use of personal data referred to in § 10 par. 3 letters d) for the purposes of direct marketing in postal communication, or

 

1. c) provision of personal data referred to in § 10 par. 3 letters d) for direct marketing purposes.

 

Based on a free written request, the buyer has the right to object to the processing of personal data by the seller in cases according to § 10 par. 3 letters a), e), f) or g) ZnOOÚ by stating legitimate reasons or presenting evidence of unauthorized interference with its rights and interests protected by law, which are or may be damaged in a specific case by such processing of personal data; if this is not prevented by legal reasons and it is proven that the buyer's objection is justified, the seller is obliged to block and dispose of the personal data, the processing of which the buyer objected to, without undue delay and immediately, as circumstances allow.

 

The buyer, on the basis of a written request or in person, if the matter cannot be postponed, has the right to object to the seller at any time and not to submit to the seller's decision, which would have legal effects or a significant impact for him, if such a decision is issued solely on the basis of automated processing of his personal data data. The buyer has the right to ask the seller to review the issued decision by a method different from the automated form of processing, while the seller is obliged to comply with the buyer's request, so that the decisive role in the review of the decision will be played by an authorized person; the seller informs the buyer about the method of examination and the result of the finding within the deadline according to the seller's complaint conditions and these GTC. The buyer does not have this right only if it is established by a special law in which measures to ensure the legitimate interests of the buyer are regulated, or if within the framework of pre-contractual relations or during the existence of contractual relations, the seller issued a decision by which he complied with the buyer's request, or if the seller based on of the contract took other reasonable measures to ensure the legitimate interests of the buyer.

 

If the buyer asserts his right in writing and the content of his request indicates that he is asserting his right, the request is considered to have been submitted in accordance with this law; the request submitted by e-mail or fax will be delivered by the buyer in writing no later than three days from the day it was sent.

 

If the buyer suspects that his personal data is being processed without authorization, he can report this to the Office for the Protection of Personal Data. If the buyer does not have full legal capacity, his rights can be exercised by a legal representative.

 

The seller is obliged to handle the buyer's request in writing according to this article. of these GTC and complaint conditions, or comply with the buyer's requirements according to ZnOOÚ and inform him in writing no later than 30 days after receiving the request or request.

 

Limitation of the buyer's rights according to § 28 par. 2 ZnOOÚ, the seller shall immediately notify the affected person and the Office of Personal Data Protection in writing.

 

 

 

Article VIII.

Other guarantees

 

As part of its activity, the seller undertakes to provide the following guarantees to the buyer:

 

If the goods are complete, including the original packaging, undamaged and do not show any signs of use, the seller extends the deadline for withdrawing from the contract and returning the goods to thirty calendar days from the date of receipt of the goods. The buyer is not entitled to return such goods to the seller on cash on delivery, the seller will not accept such goods.

 

The buyer has the right to exchange the purchased goods within 30 days of receiving the goods. In such a case, the buyer pays the costs of transporting the exchanged goods to the seller. The buyer has this right only if he exchanges the purchased goods unused, unused, unmodified, clean and in the original undamaged packaging with tags. At the same time, the buyer is obliged to send the seller information in writing about what other goods or size, color, design, he wants to exchange the goods for.

 

The seller undertakes to pay the buyer the difference in price from the seller of the purchased goods in the event that within 15 days after receiving the purchased goods, the purchase price of the purchased goods from the seller decreases. The buyer is obliged to exercise this right in writing with the seller within the specified period. The seller undertakes to pay the difference in the purchase price to the buyer within 5 working days after receiving a written request from the buyer that meets all the above conditions, i.e. within 15 days after receiving the purchased goods by transfer to the buyer's account.

 

Article IX.

Special provisions

 Legal relationships not expressly regulated by the purchase contract or these GTC are governed by the provisions of the relevant general legal regulations valid in the territory of the Slovak Republic, while the contracting parties expressly exclude the application of the UN Vienna Convention on Contracts for the International Sale of Goods. In accordance with § 37e of Act no. 97/1963 Coll. on international private and procedural law

agreed that all disputes and claims arising from this contract will be decided by Slovak courts.

 

Documents and messages delivered via e-mail are considered delivered at the moment of successful sending of the e-mail message from the sender's e-mail box to the recipient's e-mail address, except in the case where the sender's server delivers a message to the sender about the impossibility of delivering the e-mail message to the recipient.

 

Article X.

Final provisions

 

If some provisions of the purchase contract and/or GTC become invalid as a result of a change in legislation, this does not result in the invalidity of the entire purchase contract and/or GTC, and the seller undertakes to invalidate or replace invalid provisions with new ones within 10 working days, unless otherwise agreed.

 

GTC published on the seller's website and in the online store and are an integral part of the seller's purchase contract. Before sending the order, the buyer will be asked to check the box to confirm that he has familiarized himself with these terms and conditions, read them, understood their content and agrees with them in their entirety.

 

The seller reserves the right to change these GTC. The obligation of written notification of changes to these GTC is fulfilled by placing them on the seller's website. Changes to the General Terms and Conditions apply only to new orders made after the date of publication of the changed General Terms and Conditions on the seller's website and do not apply to orders that were accepted before the date of the changed General Terms and Conditions.

 

These GTC are valid as they are published on the seller's website www.gynexchemalex.com