Definitions:
1. These General Terms and Conditions regulate the relations between the contractual parties of the purchase contract. On the one hand, the company with the trade name Rostislav Pavlík – PAVLÍK RECORDS (abbreviated PAVLÍK RECORDS) is registered in the Trade Register of the Municipal Office in Námestovo under the number 510-1188. 10848339, Tax ID: 1020467547, VAT ID: SK1020467547 as Seller (hereinafter referred to as “Seller” or “PAVLÍK RECORDS”) and on the other hand there is a Buyer who may also be a Consumer (hereinafter referred to as “Buyer”).
2. The operator of the website (e-shop) is PAVLÍK RECORDS, Hríbiky 232, 027 44 Tvrdošín Slovakia.
3. The seller is PAVLÍK RECORDS, Hríbiky 232, 027 44 Tvrdošín Slovakia.
4. The supplier of goods and services offered in the e-shop is PAVLÍK RECORDS, Hríbiky 232, 027 44 Tvrdošín Slovakia.
5. The buyer is any visitor to the e-shop who has placed an order through the e-shop. For the purposes of Act No. 102/2014 Z.z. of the Slovak Republic is understood to be a natural or legal person who does not purchase goods for the purpose of sale to other persons for the purpose of business or employment or occupation.
6. E-shop is a computer system located in the Internet with public access, which allows ordering goods or services.
7. Goods or services are all products published on the e-shop website.
8. An order is made by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including completing the order form completely.
9. The Buyer fully acknowledges electronic communication mainly through e-shop, e-mail communication as well as telephone communication.
The price:
1. All prices for goods are final including 20% VAT, event. all other taxes and fees that the consumer has to pay to obtain the goods, this does not apply to any charges for transport, etc., which are listed only in the so-called. shopping cart and their amount depends on the buyer’s choice.
2. The seller is bound by the price stated on the e-shop website at the moment of purchase.
Order:
1. An order is made by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including completing the order form completely. For correct order processing it is necessary to fill in the required data in the order and choose the shipping options and payment for the ordered goods or services.
2. The purchaser of the consumer has the opportunity to familiarize himself with the total price including VAT and all other charges before placing the order. This price will be stated in the order and in the message confirming receipt of the order.
3. By sending the order, the buyer agrees with the price of the ordered goods and services and thus the order becomes binding for the consumer.
4. Confirmation of the order by the Seller creates a contract of sale, which can be changed, canceled or amended only by mutual agreement between the buyer and the seller, unless otherwise provided by law or regulation. Confirmation of the order by the seller is the dispatch of goods.
5. After the order is placed in the e-shop, the buyer is automatically generated an e-mail confirming receipt of the order by e-shop. This e-mail is not a confirmation of the goods within the meaning of par. 3. of this Article.
6. By sending the order, the buyer is bound to pay the purchase price of the ordered goods.
7. The Buyer acknowledges that there may be instances where a contract is not concluded between the Seller and the Buyer, especially if the Buyer orders the goods for a price published in error due to a failure of the Seller’s internal information system. In such a case, the Seller shall inform the Buyer of such fact.
8. The Seller reserves the right to declare the purchase contract invalid if it has been misused personal data, misuse of a payment card, etc., or due to the intervention of an administrative or judicial authority, the Buyer will be informed of such procedure.
9. The buyer acknowledges that in the above cases the purchase contract cannot be validly entered into.
Terms of payment:
1. The goods and services in the e-shop may be paid in the following ways:
– cash on delivery (you pay directly to the delivery person when receiving the goods),
– PayPal payment
– payment on the basis of the advance invoice – in advance, the goods will be booked and dispatched after receipt of funds to our account.
2. Supplements for each payment option are listed in Art. VI of these General Terms and Conditions.
3. The seller may provide the buyer with discounts:
– re-purchase discount
– discount based on a one-time discount coupon
4. The goods remain the property of the seller until full payment and takeover, but the risk of damage to the goods passes through the takeover of the goods by the buyer.
5. The buyer’s billing information cannot be changed retroactively after the order has been placed.
Terms of Delivery:
1. The seller is obliged to send the goods to the buyer within 30 days from the date of the purchase contract, unless otherwise agreed or if the goods have not been given a longer delivery time.
2. If the goods in stock is dispatched according to capacity, in the shortest possible time.
3. If the order contains several goods and services and part of them is not in stock, we inform the buyer with the possibility of partial delivery.
4. The invoice (tax document) for the goods is available to the customer in electronic form.
5. The place of delivery shall be the place to which the goods are delivered.
6. The Seller shall provide transport to the Buyer through:
• Slovak Post
The buyer is advised to immediately check the condition of the shipment together with the carrier (number of packages for possible damage).
Shipping, packaging and payment options applicable to:
Slovak Republic: if the total value of the order does not exceed € 49, we charge a flat fee of € 2.9 for each order in addition to the prices quoted for delivery in Slovakia. (cash on delivery, bank deposit, PayPal)
Czech Republic: If the total value of the order does not exceed 99 €, we charge a flat fee of 3.9 € for each order. (prepay only – bank deposit, PayPal)
Europe: if the total value of the order does not exceed 99 €, we charge a flat fee of 5.9 € for each order in addition to the stated delivery prices in Slovakia. (prepay only – bank deposit, PayPal)
World: if the total value of the order does not exceed 99 €, we charge a flat fee of 9.9 € for each order. (prepay only – bank deposit, PayPal)
The Seller may agree with the Buyer other than the standard (above) procedure for sending goods or services as well as prices for these services.
The Seller may ship the goods immediately available to the Buyer and deliver the remainder of the order additionally within the statutory period, but provided that the Buyer will not be charged for any additional postage other than that included in the Order.
Transfer of ownership:
1. The ownership right shall pass from the seller to the buyer only at the moment of payment of the full price for the subject of the purchase contract.
2. The goods or services which are still subject to the seller’s ownership right, the seller reserves the right in the event of a claim by the buyer, to handle only at the moment of full payment of the subject of the purchase contract.
Cancellation of purchase contract:
1. The buyer has the right to cancel the ordered goods or services within 24 hours from the date of the purchase contract without cancellation fee for goods manufactured to order according to the specific requirements of the consumer or specifically for one consumer.
The right of the consumer to return the goods without giving any reason and to inform the consumer:
1. 102/2014 Coll. on the protection of consumers in the sale of goods or provision of services on the basis of a distance or off-premises contract of the seller and amending and supplementing certain laws (hereinafter referred to as the “Act”) pursuant to Section 7 et seq. days from the date of receipt of the goods. If the subject of the purchase contract is the delivery of the goods, the consumer has the right to withdraw from the contract even before the delivery of the goods.
2. The consumer shall, if he wishes to exercise this right, deliver the withdrawal in writing to the seller’s contact address at the latest on the last day of the specified period or hand over the withdrawal for postal transport by the last day of the period to the address indicated in the contacts. After the notice of withdrawal, the consumer is obliged to send or deliver the subject of the contract in person and withdraw from it together with all documentation – eg. the original invoice, instructions and other documentation for the goods delivered to it together with the goods, but no later than 14 days from the date of withdrawal (Section 10 (1) of the Act). We encourage buyers to make a copy of the invoice for their own use and to send the goods by registered mail and as an insured item.
3. Do not send goods to us cash on delivery, such goods will not be taken over.
4. The operator of the e-shop shall return the paid performance for the goods / service, including transport costs within the meaning of the provision of Art. §9 sec. 3) of Act no. 102/2014 Z.z. as well as the costs demonstrably incurred to order the goods within 14 days of the date of delivery of the withdrawal, but do not have to return the goods before the goods are delivered or the consumer can not prove the shipment of the goods, this does not apply if the seller suggested that he pick up the goods himself.
5. The cost of returning the goods shall be borne by the consumer.
6. The right of withdrawal shall not apply to goods and services as defined in §7 para. 6 písm. a) to l) of Act no. 102/2014. Z.z. This mainly applies to digital music sales via download. Selling digital music via download also under European Directive 2011/83 / EU on Consumer Rights, can not claim withdrawal within 14 days. An exception is granted for the sale of digital content.
7. The consumer shall bear any diminution in value of the goods resulting from their use beyond what is necessary to establish the functionality and characteristics of the goods.
Rights and Obligations of the Parties:
1. The seller and the buyer shall be deemed to be contracting parties.
2. The Buyer shall:
• take over the ordered goods,
• pay the agreed remuneration for the goods to the seller,
• check the integrity of the packaging or the packaging. and the goods themselves when picking up.
3. The Seller shall:
• deliver the goods to the customer in the required quality, quantity and agreed price,
• together with the goods or additionally send to the customer all documents related to the goods, such as an invoice for the goods, a complaint letter, operating instructions in a codified version of the Slovak language, if received.
Privacy:
1. Personal data shall be processed in accordance with Law No. 122/2013 Z.z. on the protection of personal data, as amended.
2. The controller shall not disclose the buyer’s personal data to a third party other than the transport company for the delivery of goods or services, or to the public authorities in case of inspection.
3. The operator obtains the following personal data from the buyer: title, name, surname, address, delivery address, telephone number, e-mail address.
4. The personal data you provide is processed for the proper processing of your order.
5. The controller shall be obliged to secure personal data before it is disclosed to unauthorized persons that have been processed in security measures.
6. If the Buyer has consented to the processing of personal data when registering in the e-shop for marketing purposes, he has agreed to send mainly e-mail messages to the contact e-mail address, telephone contact or mail address to the contact address.
7. Personal information for marketing purposes to the extent of name and surname, telephone number, address and e-mail address is provided until your written statement of disagreement with this processing sent to the address of the seller.
8. The Buyer may revoke his consent at any time in writing by sending a Personal Data Processing Appeal, which we immediately block or destroy and we will not use the personal data provided by us for marketing purposes. In this case, the written form is also considered to be an electronic form, especially through the contact form on the website www.pavlikrecords.sk.
9. If the buyer has consented to the processing of personal data when registering in the e-shop with registration in the loyalty program agreed to collect the personal data obtained, including information on orders for the purpose of providing discounts.
10. Personal data for the loyalty program in the extent of name and surname, telephone number, address and e-mail address are provided until your written statement of disagreement with this processing sent to the address of the seller.
11. The Buyer may revoke his consent at any time in writing by sending a Personal Data Processing Appeal, which we immediately block or destroy and we will no longer use the personal data provided by us in the loyalty program. In this case, the written form is also considered to be an electronic form, especially through the contact form on the website www.pavlikrecords.sk.
12. The Buyer has the right to access and correct his / her personal data (via the contact form cited), including the right to request explanation and removal of the non-compliant status and other legal rights to such data.
13. The Seller may further incorporate the so-called. “cookies” so as to facilitate the provision of information society services, in accordance with the provisions of Directive 95/46 / EC on the purpose of “cookies” or similar tools, and ensure that users are aware of the information that is stored in the terminal equipment they use; for this purpose, the seller sets separate conditions for the use of cookies.
14. Users may refuse to place “cookies” or similar tools on their terminal devices, eg. by launching private browsing functionality in your browser.
Damage compensation in case of non-acceptance of goods:
1. The seller has the right to compensation (according to the provisions of § 420 et seq. Of the Civil Code), if the buyer ordered goods that did not cancel or. did not withdraw from the contract and at the same time did not take over the goods from the carrier or, at the request of the seller, in the case of personal collection, did not take over the goods within the stipulated collection time. In doing so, the buyer breached its obligation under Art. X point 2. letter, according to which the buyer is obliged to take over the ordered goods.
2. In determining the amount of damages, the Seller shall take into account, in particular, transport costs and associated charges in the case of goods shipment, costs associated with packaging, shipping and administration of the order as well as any other costs incurred by him in carrying out the order in question and charge for lost profits.
3. The seller has the right not to exercise the right to compensation or to exercise this right only in part.
Warranty conditions:
1. The warranty conditions for the goods are governed by the Complaints Procedure – every e-shop must have it. Complaints procedure can be found here. The purchase document serves as a warranty card.
Final provisions:
1. The Seller reserves the right to amend these General Terms and Conditions and Complaint Conditions without prior notice to the Buyer. In the event of a change in the General Terms and Conditions or Complaints Terms, the entire purchase process is governed by those General Terms and Conditions that were in effect at the time the order was sent by the Buyer and these are available on the Seller’s website.
2. Complaint terms form an integral part of these General Terms and Conditions.
3. By placing an order, the buyer has read the general terms and conditions as well as the terms and conditions of the complaint and read their wording.
4. These General Terms and Conditions and Complaint Conditions are available on the website of the e-shop, and each buyer can download them to their computer or print them directly on their own printer.
5. If the consumer is not satisfied with the way in which the seller has settled his claim, or if he considers that the seller has infringed his rights, he has the option of contacting the seller for redress. If the seller responds negatively to the request for remedy or fails to respond within 30 days of the date of dispatch, the consumer shall, in accordance with § 12 of Act no. 391/2015 Z.z. on alternative dispute resolution of consumer disputes and on amendment of certain laws the right to file a proposal to initiate alternative dispute resolution. The competent body for alternative dispute resolution with the operator of the e-shop is the Slovak Trade Inspection (www.soi.sk) or another competent legal entity registered in the list of subjects of alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s), whereby the consumer has the right to choose which of these ADR entities to turn to. At the same time, the consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative solution to his dispute. Information on design fees can be found on the website of a specific ADR entity.
6. Relations not otherwise regulated in these General Terms and Conditions as inseparable parts (appendices) shall be governed by the relevant provisions of Act no. 40/1964 Z.z., Act no. 250/2007 Z.z., Act no. 102/2014 Z.z., Act no. 122/2013 Z.z., Act no. 22/2004 Z.z. as well as Act no. 513/1991 Z.z.
7. These General Terms and Conditions, including their inseparable parts, shall enter into force and effect on 1.9.2019.
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