GENERAL TERMS AND CONDITIONS

These General Terms and Conditions (further just “GTC”) regulate the relationships between Seller and Buyer in the area of sales of goods and services on the internet website of an electronic store canape.sk between Canapé, spol. s.r.o. company and its business partners.

1. General Terms and Conditions of Use
2. Conclusion of Contract (order)
3. Rights & Obligations of Seller
4. Rights & Obligations of Buyer
5. Purchase price
6. Payment terms
7. Delivery terms
8. Ownership and liability
9. Privacy policy
10. Withdrawal from the purchase contract (cancellation of the order) and return of goods
11. Final provisions

1. General Terms and Conditions of Use

1. The term Seller applies to the company Canapé, spol. s.r.o, registered office at Tureň 567, 903 01 Tureň, which is registered with the Companies Register of the Bratislava I District Court, section: Sro, insert No. 82705/B, IČO (CID - company identification number): 46 754 415, DIČ (TIN - tax identification number): 2023561188, phone number: +421 903 400 054, e-mail: info@canape.sk and which is the operator of the internet website of the e-shop canape.sk (further as “Seller” or “Operator”).
2. The term Buyer applies to every natural or legal person, which in any way contacts Seller with the intention of buying a product, which Seller offers on the internet website of the e-shop (further as “Buyer”).
3. These GTC regulate rights and obligations of the contracting parties under the purchase contract concluded between Seller and Buyer, the subject of which is sale and purchase of goods on the internet website of the Seller’s electronic e-shop.
4. The contracting parties have agreed that Buyer, by sending an order to Seller, confirms their agreement that these trading conditions and provisions will be applied to every purchase contract concluded on Seller’s internet website based on which Seller will supply goods presented on the abovementioned internet website to Buyer (further as “purchase contract”) and to all relations between Seller and Buyer that emerge upon the concluding of the purchase contract.
5. These GTC are an inseparable part of the purchase contract and are valid until new GTC are issued.
6. The list of goods on the internet website of the electronic store operated by Seller is a catalogue of commonly supplied goods and Seller does not provide immediate availability of all listed items. The goods availability is stated in the section “Availability” of each product and is a subject to confirmation for Buyer based on Buyer’s enquiry.
7. Seller is liable to Buyer with regard to their offer of goods presented on Seller’s internet website, including price, within 24 hours from sending notice of confirmation of the order to Buyer.

2. Conclusion of Contract (order)

1. Buyer can order goods by using shopping cart on the internet website of Seller’s electronic store.
2. The purchase contract is concluded by binding acceptance of a proposal for concluding of the purchase contract from Buyer to Seller in one of the following forms:
   1. e-mail message from Buyer sent to Seller,,
   2. a contact form on Seller’s internet website filled in and sent by Buyer,
   3. phone order from Buyer to Seller (further as “order”).
3. After previously accepted order, Seller shall issue a confirmation for Buyer marked as “Order confirmation” about accepting the order via e-mail or phone. Automatically generated notice about receipt of the order into Seller’s electronic system is not considered as confirmation of the order. All the confirmed orders are binding!
4. The order confirmation by Seller includes the following details:
   1. availability and the date of goods delivery to Buyer,
   2. title, price of a product and transport costs,
   3. address for goods delivery together with the name of a contact person,
   4. conditions and means of transport.
5. By sending the order, Buyer confirms to Seller, that Seller properly fulfilled their information obligations under § 10 law no. 108/2000 Coll. Consumer Protection.

3. Rights & Obligations of Seller

1. Seller is bound to:
   1. supply goods to Buyer based on the confirmed order in agreed amount, quality, date and pack it in an appropriate way necessary for its protection during the delivery,
   2. provide that supplied goods fulfil the conditions under existing valid legislation of the Slovak Republic,
   3. together with the ordered goods, deliver to Buyer a written user manual in Slovak language, a confirmed warranty certificate, a shipping note, and a tax document (an invoice).
2. Seller has the right to a proper and on-time payment of the purchase price from Buyer for the supplied goods.

4. Rights & Obligations of Buyer

1. Buyer is bound to:
   1. accept the purchased or ordered goods,
   2. pay the agreed purchase price to Seller by agreed due date including costs related to goods delivery,
   3. confirm in the shipping note receipt of goods by their own signature or signature of an authorized person on behalf of Buyer,
   4. not harm goodwill and business reputation of Seller.
2. Buyer has the right to goods delivery in quantity, quality, time and place agreed by the contracting parties in the order confirmation.

5. Purchase price

1. Buyer is bound to pay Seller the purchase price for goods based on the order confirmation including costs of goods delivery.
2. If Buyer pays to Seller the purchase price via direct debit to their account, the payment day is the day when the cleared payment is deposited into Seller’s account.
3. Buyer is bound to pay to Seller the purchase price for the agreed goods within the period of time stated in the order confirmation, but no later than upon the delivery of the goods.
4. Seller reserves the right to change the purchase price in the case of changes to legislation, euro exchange rate, or prices set by manufacturers or suppliers of the goods.
5. Seller is a VAT payer.

6. Payment terms

1. Based on a pro-forma invoice, Buyer can pay for the goods with the following payment methods:
   1. in cash directly upon delivery of the goods (COD, courier) or
   2. by direct debit into Seller’s account.
2. Based on the sent order, Seller issues a pro-forma invoice for Buyer which will be sent via email together with the order confirmation.
3. Buyer can make the payment in the following ways:
   1. money transfer from their account,
   2. direct money deposit into Seller’s account,
   3. PayPal merchant services
   4. card payment
4. The payment is possible only in Euros and Czech crowns.
5. Seller sends the tax document (invoice) to Buyer together with the goods.

7. Delivery terms

1. The goods are sold according to exhibited examples, catalogues, type lists and sample books of Seller placed on the internet website of the Seller’s electronic store. Weight, dimensions, and other parameters of the goods included in catalogues, prospects, and other written documents of Seller placed on the internet website of the Seller’s electronic store are non-binding evidence.
2. Seller provides delivery of the goods in the way selected by Buyer from the possibilities offered in the order, i.e.:
   1. courier services or
   2. personal collection
3. Seller is bound to process Buyer’s order and deliver the goods to Buyer within the period of 5 working days from the day it was received from the supplier or manufacturer of the goods to Seller.
4. The transit period and the delivery date will be announced by Seller to Buyer in the order confirmation via notification e-mail.
5. Buyer is bound to collect the goods at the place specified in the Buyer’s order confirmation sent by Seller.
6. Should there be a delay in the delivery of the goods from Seller’s side Seller has the right to unilaterally extend the transit period of the goods, including repeated extension, with a confirmation issued by Seller to Buyer.
7. If Buyer does not collect the ordered goods within 14 days from the day when it was available to them, Seller has the right to withdraw from the purchase contract and sell the goods to a third party. After the sale of the goods to a third party, Seller will reimburse Buyer for their eventual paid deposit.
8. If Seller delivers the goods to Buyer to the place specified in the order confirmation, Buyer is bound to take over the goods personally or appoint a person authorized for the goods takeover in the case of Buyer’s absence and for signing the delivery protocol about shipment and handing over the goods to a forwarding agent.
9. The goods shall be packed and secured in an appropriate way. Buyer is bound to check the package for wrapping damages immediately upon its delivery and takeover. If the wrapping of the goods is mechanically damaged, Buyer is bound to notify the forwarding agent thereof and in their presence check also the goods conditions under the wrapping. In case any damages of the goods are detected, the forwarding agent shall fill in a form with Buyer, the so called damage protocol. Based on such log, Seller shall offer a removal of the damage of the goods, a discount on goods or in the case of non-repairable damages of the goods Seller shall deliver to Buyer new goods.
10. Seller shall hand over to Buyer also the tax document (invoice) together with the goods, a shipping note, user manual, and warranty certificate, if required by the nature of the goods.
11. In case the goods are not delivered by Seller within the period of 5 working days from the confirmed delivery date, Buyer has the right to withdraw from the confirmed order. If Buyer paid for the goods in advance, Seller shall reimburse Buyer by direct debit into the account specified by Seller, within 3 working days from the receipt of the written notification of withdrawal from the contract.
12. The availability of the goods is stated next to each particular product. The dates are related to the information provided by the supplier or manufacturer, and are just estimated. In the case of goods over 50kg, alternative transport conditions need to be arranged.
13. “In Stock”: The goods are physically in our warehouse with us. In case the order is received by 10:00am, the goods are expedited the same working day (the delivery date depends on the selected method of delivery, but typically it is two to three business days for delivery).
14. “External warehouse”: The goods are physically present in the warehouse of our supplier. The delivery and storage of the goods typically take 2-4 weeks from the placement of the order and the payment.
15. The goods will be expedited after the confirmation of the order and after fulfilling all the storage conditions.
16. The goods are considered being delivered from the moment of their delivery to the place stated in the order confirmation and taken over from the moment of the physical takeover by Buyer or an authorized person and with a written confirmation of its takeover or refusal, which shall be marked by a forwarding agent in the delivery protocol about shipment and handing over the goods.

8. Ownership and liability

1. Buyer acquires the ownership rights to the goods after the cleared payment of the whole purchase price for the goods.
2. Seller is fully liable for the goods until their takeover by Buyer.
3. The damage liability for the goods is transferred from Buyer to Seller from the moment of their takeover. If Buyer does not take over the goods on time, the damage liability for the goods is transferred from the moment, when Seller authorized the usage of the goods.
4. Seller is not liable for delayed delivery of the ordered goods to Buyer caused by a forwarding agent.
5. A forwarding agent is fully liable for any damage of the package caused during the transit. Seller resolves such cases by delivery of new goods to Buyer after all damage costs are reimbursed by a forwarding agent.

9. Privacy policy

1. In order to provide valuable services to Buyer, Seller needs to know some personal data of Buyer. These details are protected by Seller against their misuse.
2. If Buyer is a physical entity, in order to process their identification, it is necessary to inform Seller about their personal data, such as name and surname, permanent address including post code, delivery address (if different), phone number and e-mail address.
3. If Buyer is a legal entity or self-employed, in order to process their accounting identification, it is necessary they inform Seller about their identification details, such as trading name, address of the registered office including post code, IČO (company registration number), DIČ (VAT identification number), delivery address (if different), phone number and e-mail address.
4. All personal data submitted by Buyer with regard to the order and customer registration on the internet website of the electronic store are collected, processed and stored in accordance with Law no. 122/2013 Coll. on Protection of Personal Data (further as “CPPD”).
5. By placing the order, or by concluding the purchase contract, Buyer in accordance with CPPD gives permission to Seller to process, collect, and store their personal data for the purposes of concluding the purchase contract, processing the order, and related communication with the customer, but also after a successful execution of the order for the purpose of fulfilment under the contract and maintenance of the evidence concerned (e.g. during the claim procedure, accounting services etc.) until the date of a written notice of a disagreement with this processing.
6. By signing up for a customer account on the internet website of the Seller’s electronic store Buyer agrees that Seller or a third party person (acting as an agent appointed by this company), in accordance with CPPD, under the above-mentioned law, shall process, collect and store personal data of Buyer provided with their registration. By registering as a customer and agreeing to receive a newsletter in any form when placing the order, Buyer grants an approval to Seller to process and use their personal data for promotional and marketing purposes and to give such details to Seller’s business partners for the purpose of promotion and marketing, and at the same time agrees that Seller or a third party person ,which is a subject to appropriate contracting agreement with this company, may send business notifications to the customer by electronic means, under Law No. 147/2001Coll. on Advertising and Law No. 610/2003Coll. on Electronic Communications.
7. Buyer grants this consent to Seller for indefinite duration. At any given time, Buyer can cancel this consent to the processing of personal data in a written form. The consent shall be cancelled within the period of 1 month from the receipt of its cancellation issued from Buyer to Seller. Together with the cancellation of the consent to the processing of personal data the customer registration shall be cancelled as well.
8. Buyer has the right to access their personal data, the right to their amendment including further legal rights to these data. Buyer can make changes to the personal data by sending informational e-mail to Seller or by editing these data directly in their customer account.
9. The data about Buyer’s purchases, which are required for securing goods delivery, complaints handling, and so on, are stored in a safe database.
10. Seller does not offer, publish, or gives access to the personal data of Buyer to any other person, apart from the companies that provide the delivery of the goods, which are given the personal data to a minimum extend necessary for the purposes of the goods’ delivery.
11. Under § 28 Article 1 CPPD, Buyer has the right to request acts provided by law from Seller in a written form (e.g. confirmation as to whether the personal data about them are or are not processed).

10. Withdrawal from the purchase contract (cancellation of the order) and return of goods

1. Seller has the right to withdraw from the confirmed order in case the particular product is no longer produced or supplied, or if the supplier has significantly changed its price. Seller shall immediately inform Buyer about such case and reimburse the already paid price for the goods agreed upon in the order.
2. Buyer has the right to withdraw from the confirmed order without providing reasons, at any time before the package is expedited, in the form of an e-mail, text message, or by phone, without any penalty. If Buyer paid for the goods in advance, Seller shall reimburse the paid purchase price by direct debit info Seller’s account within 3 working days from the receipt of withdrawal from the contract.
3. Seller has the right to withdraw from the contract within 7 working days from the takeover of the goods without providing reasons in accordance with § 12 Article 1 Law No. 108/2000 Coll. on Consumer Protection in Doorstep Selling and Mail-Order-Sales.
4. With regard to withdrawal from the purchase contract in accordance with the previous point it is necessary to comply with the following procedure:
   1. Buyer sends an e-mail or letter to Seller with the following wording: “I hereby want to unilaterally withdraw from the purchase contract of (day.month.year/purchase date) no.(order number) and request reimbursement of the amount paid for the goods into the account no. (the correct account number)”. He/she then states his/her name, address, and the actual date.
   2. Buyer sends the goods by means of an insured mail or delivers the goods personally to Seller’s registered office, whereby pays for the transport costs.
   3. The returned goods must be in the original and undamaged packaging, unused, undamaged, complete (including accessories, warranty certificate, user manual etc.) and with the original purchase receipt (invoice). Seller is not liable for eventual loss or damage of the goods during the transport. Seller shall not accept the goods returned by means of cash on delivery.
5. Upon the fulfilment of all above-mentioned conditions for goods returns, Seller shall reimburse Buyer with the paid purchase price by direct debit into the account or post office transfer order, within 14 days after the physical receipt of the returned goods at the latest. In the event of non-compliance with any of the above-mentioned conditions, Seller shall not be able to accept the withdrawal from the purchase contract and shall return the goods to Buyer at Buyer’s costs.

11. Final provisions

1. These GTC are processed under Law No. 40/1964 Coll. Civil Code, Law No. 250/2007 Coll. Consumer Protection Act, Law No. 102/2014 Coll. on the protection of consumers in sale of goods or provision of services under remote contracts or contracts executed outside the business premises of the seller, Law. No. 22/2004 Coll. on electronic commerce, and Law No. 122/2013 Coll. on Protection of Personal Data and on Changing and Amending of other act.
2. Legal relations of Seller and Buyer not expressly provided by these GTC are governed by relevant provisions of Law No. 40/1964 Coll. Civil Code, Law. No. 22/2004 Coll. on electronic commerce, Law No. 250/2007 Coll. Consumer Protection Act, and Law No. 108/2000 Coll. on Consumer Protection in Doorstep Selling and Mail-Order-Sales as amended, as well as other related regulations.
3. Seller has the right to change of these GTC. The duty of a written notification of any change in these GTC is fulfilled by placement on the internet website of Seller’s electronic store.
4. The contracting parties have agreed that communication between them shall be undertaken in privacy by means of e-mails.
5. These GTC shall take effect in relation to Buyer by a concluding of the purchase contract.
6. By sending the order, Buyer confirms that they have read these GTC and Returns Policy, have familiarized themselves with their content, and agree with them to their whole extent.

In Bratislava, 28.1.2016