General Terms and Conditions
GENERAL TERMS AND CONDITIONS
1. General provisions
• These general business conditions (hereinafter referred to as "GTC") regulate the rights and obligations of the contracting parties, which result from the purchase contract concluded between the seller: LEGINITY, sro with its registered office at Diaková 54, 038 02 Diaková, ID: 53104650 (hereinafter referred to as "seller") and the Buyer (hereinafter referred to as the "Buyer") when purchasing goods offered by the Seller through the e-shop on the Seller's website www.leginity.com (hereinafter referred to as "www.leginity.com"), are an integral part of the purchase contract concluded between the Buyer and the distance seller via e-commerce on the Internet (hereinafter referred to as the "purchase contract") and may be changed only with the express consent of both parties.
Contact details of the seller:
LEGINITY, s.r.o. with registered office at Diaková 54, 036 02 Diaková
IČO: 53 104650, DIČ: 2121265905, entered in the Commercial Register of the District Court of Žilina, section: Sro, file no .: 74944 / L
Tel: +421 915 047 868, +421 915 633 779
Account number: 2949085919/1100 | Tatra banka, a. with.
IBAN: SK57 1100 0000 0029 4908 5919 | SWIFT: TATRSKBX
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Žilina Region
Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1
tel. no. 041/763 21 30, 041/724 58 68
fax no. 041/763 21 39
• All contractual relations between the seller and the buyer are governed by the laws of the Slovak Republic.
• In the event that the contracting party is a consumer, the legal relations not regulated by these terms and conditions are governed by Act no. 40/1964 Coll. Civil Code, as amended, Act no. 250/2007 Coll. Consumer Protection Act, as amended, and Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws.
• In the event that the contracting party is an entrepreneur, the legal relations not regulated by these business conditions are governed by Act no. 513/1991 Coll. Commercial Code, as amended.
Seller (supplier) - a person who, when concluding and fulfilling a consumer contract, acts within the scope of his business or other entrepreneurial activity. It is an entrepreneur who offers or sells products or provides services to the consumer and also an entrepreneur who directly or through other entrepreneurs supplies the product to the buyer.
Consumer (buyer) - a natural or legal person who purchases products or uses services for personal use or for members of his household and who does not act within the scope of his business or other entrepreneurial activity when concluding and fulfilling a consumer contract.
A buyer who is not a consumer - is a person who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling a purchase contract.
Consumer contract - is a purchase contract if the contracting parties are, on the one hand, the supplier and, on the other hand, the consumer, who could not individually influence the content of the proposal prepared in advance by the supplier for concluding the contract.
Conclusion of the purchase contract - the buyer's order represents a proposal for concluding the purchase contract. The purchase contract itself is concluded at the moment of delivery of the binding consent of the seller with the draft purchase contract to the buyer, i. binding confirmation of the order by the seller. From this moment, mutual rights and obligations arise between the buyer and the seller, which are defined by the purchase contract and these business conditions, which are an integral part of the purchase contract.
General Terms and Conditions - contractual provisions agreed between the seller and the buyer in this document. At the time of sending your order, the buyer confirms that he agrees with these terms and conditions valid at the time of sending his order and is bound by them from the moment of concluding the purchase contract. By sending your order, the buyer confirms that before placing his order, he has read these terms and conditions and agrees with the terms and conditions without reservations.
3. Method of concluding a purchase contract - Ordering goods
3.1. The presentation of the goods on the website in the online store www.leginity.com does not constitute a legally binding proposal for the conclusion of a purchase contract.
3.2. The buyer can place an order from the seller through the online store on the website www.leginity.com.
3.3. By sending an order for goods, the buyer agrees to these General Terms and Conditions.
3.4. The condition for the validity of the order is the completion of all mandatory data in the order form. An order that does not contain all the required data may not be accepted by the seller.
3.5. Received electronic order with all mandatory information
4. Rights and obligations of the seller and the buyer
4.1. Obligations of the seller
a) in the case of confirmation of the order by e-mail, the seller is obliged to deliver the goods to the buyer in the agreed quantity, quality, production, time, packing and ensure transport in the usual way for such goods and necessary for protection of goods.
b) at the latest together with the goods to hand over to the buyer in electronic or written form all necessary documents for taking over and using the purchased goods as well as other documents prescribed by valid legal regulations of the Slovak Republic such as delivery note, tax document, warranty card.
c) ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic.
4.2. Rights of the seller
a) for the proper and timely payment of the purchase price by the buyer
b) the seller reserves the right to cancel the order or part thereof in the following cases:
• In case of incomplete or incorrect completion of the order form by the buyer.
• If, due to the sale of stock or non-delivery of goods to the supplier, the seller is unable to deliver it to the buyer within the period specified in these terms and conditions. In the event that this situation occurs, the seller will immediately contact the buyer to agree on further action and offer a replacement. If the proposal for a substitute performance by the buyer, offered by the seller is not accepted and the buyer does not withdraw from the purchase contract, the seller is entitled to withdraw from the purchase contract. Withdrawal from the purchase contract can be done by sending an email. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account within 14 days from the date of sending the withdrawal from the purchase contract to the buyer.
4.3. Buyer's rights
(a) for the delivery of goods in the agreed quantity, quality, production, time, packaged and secured for transport in the manner customary for such goods and necessary for the protection of the goods.
b) for receipt in electronic or written form, all necessary documents for taking over and using the purchased goods and also for other documents that are prescribed by applicable legislation of the Slovak Republic, such as delivery note, tax document, warranty card, at the latest together with the delivered goods.
4.4. Obligations of the buyer
a) pay the agreed purchase price to the seller within the agreed due date, including the costs of delivery of the ordered goods,
b) take over the goods which have been ordered and delivered.
5. Delivery of goods
5.1. Delivery of the goods is considered to be its acceptance by the buyer.
5.2. Depending on the buyer's choice, the seller ships the goods:
• within the territory of the Slovak Republic through the company Slovak Parcel Service s.r.o.
• outside the territory of the Slovak Republic through the company IN TIME s.r.o.
5.3. The seller is obliged to deliver the item to the buyer immediately, no later than 30 days from the date of conclusion of the purchase contract, unless otherwise specified in the order confirmation.
5.4. Otherwise, the specified delivery time in the order confirmation can only be if the buyer is notified of the longer delivery time directly on the online store on the website www.leginity.com for a specific product.
5.5. The buyer's obligation is to take over the goods instead of the one specified in the order. In the event that the buyer does not take over the goods without prior withdrawal from the purchase contract, the seller is entitled to damages in the amount of actual costs incurred for an attempt to unsuccessfully deliver the goods to the place specified by the buyer.
5.6. In the event that the buyer insists on delivery of the goods even after unsuccessful delivery of the ordered goods, the buyer is obliged to resend the order via the website www.leginity.com, which will be considered a proposal to conclude a new purchase contract.
5.7. The buyer's obligation is to check the received shipment, the packaging of the goods and also the goods, immediately after delivery in the presence of a representative of the carrier, such as a courier. If a defect in the goods is found, it is the duty of the carrier's representative to allow the buyer to make a record of the nature and extent of the defect in the goods, the correctness will be confirmed by the carrier's representative. With the record prepared in this way, delivered to the seller, the buyer may refuse to take over the delivered goods with a defect or confirm delivery of the goods with a defect and subsequently file a claim for defects in the goods with the seller in accordance with the business and complaint conditions. If the buyer refuses to take over the delivered goods with defects, all purposefully incurred costs of returning the goods to the seller shall be borne by the seller.
5.8. Defects of the goods for which the buyer has the right to refuse to take over the delivered goods are differences in quantity, quality and design, packaging and documents compared to the arrangements in the purchase contract. Defects of goods are also considered to be the delivery of goods other than those specified in the purchase contract.
5.9. In case of non-delivery of the goods by the seller within the period according to point 5.3. of these General Terms and Conditions, the buyer is entitled to withdraw from the purchase contract within 14 days of the expiration of the delivery period and the seller is obliged to return the purchase price or part thereof already paid to the buyer within 14 days from delivery of withdrawal. The funds will be transferred to a bank account designated by the buyer.
6.1. The amount of postage is managed by the Price List.
7. Prices, payment terms and method of payment
7.1. The purchase prices for the goods displayed on the e-shop website www.leginity.com, which is operated by the seller, are valid at the time of ordering the goods. The purchase prices shown are given in euros without VAT and do not include the price for the transport of goods or other optional services. All trade and other promotions published on the website www.leginity.com are valid until stocks are exhausted, unless otherwise stated for the goods.
7.2. It is the seller's right at any time to adjust the selling price of the goods, which is listed on the e-commerce website. Such a change does not apply to purchase contracts concluded before the price change, regardless of the fact that the goods have not yet been delivered. The validity and effectiveness of the new price list begins on the day of its publication on the website www.leginity.com.
7.3. After the order is accepted by the seller, an order confirmation will be sent to the buyer's e-mail together with the necessary payment details. Tax document - the invoice will be sent together with the ordered goods, or electronically to the buyer's e-mail address.
The buyer can make the payment in the following ways:
PAYMENT IN ADVANCE TO THE ACCOUNT: With this method of payment, after the order has been made, the data for the payment to be made to the seller's bank account are sent to the buyer's e-mail address. The goods are sent after payment and crediting the entire amount of goods specified in the electronic order to the seller's account.
PAYMENT THROUGH THE PAYMENT GATE: via the payment buttons of a specific bank, the buyer logs in to the internet banking of his bank, where he pays for the order in a secure manner. In this case, the order is paid immediately.
PAYMENT BY PAYPAL: With this method of payment, the buyer will be redirected to the PayPal service in order to approve the price of the order. When sending the order, the price of the goods will be paid from the buyer's PayPal account.
8. Withdrawal from the contract
8.1. The buyer is entitled to withdraw from the contract without giving a reason no later than 14 days from its receipt.
8.2. The buyer can apply for withdrawal from the contract using the withdrawal form, which is available on the seller's website. Withdrawal from the purchase contract cancels the purchase contract from the beginning. Withdrawal from the contract gives the seller the right to return the goods and the buyer becomes entitled to a refund of the purchase price paid.
8.3. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than the 14th day from the date of receipt of the goods by the buyer.
8.4. The buyer is obliged to send the goods to the seller's address within 14 days from the date of notification of withdrawal from the contract.
8.5. The cost of transporting the goods from the buyer to the seller is paid by the buyer.
8.6. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the consumer to return to the consumer all payments for the goods, including postage costs, in the manner used by the consumer in his payment. Payment is refunded only after delivery of the returned goods to the seller, or after delivery of a document proving the shipment of goods.
8.7. In the event of non-compliance with any of the above conditions, the seller will not accept withdrawal from the purchase contract and the goods will be returned at the expense of the buyer.
8.8. The buyer may not, inter alia, withdraw from the purchase contract:
• on the provision of services, if they were fulfilled with his prior express consent before the expiry of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract and
• the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract,
• on the delivery of goods that have been modified according to the wishes of the buyer, custom-made goods or goods intended specifically for one buyer,
• on the delivery of goods in a closed package which cannot be returned for reasons of health protection or hygienic reasons (eg underwear or protective drapes),
• in other cases specified in § 7 par. 6 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller, as amended.
9. Warranty conditions and warranty period
9.1. The warranty conditions are governed by the provisions of the Civil Code no. 40/1964 Coll. as amended.
9.2. The buyer is provided with a warranty period of 24 months for the delivered goods. The warranty period begins on the day the goods are handed over to the Buyer. At the end of the warranty period, the right to file a complaint expires.
9.3. Each goods purchased from the seller is accompanied by an invoice (proof of purchase) when delivered to the buyer, which also serves as a delivery note and warranty document.
9.4. Details and procedure for claiming goods are regulated by the Complaints Procedure published on the seller's website.
10. Protection of personal data
By sending the order, the buyer agrees to the rules of personal data protection.
11. Alternative dispute resolution for the non-consumer buyer
11.1. According to these GTC, the buyer and the seller have agreed that in the case of commercial relations, except for those disputes in which Act no. 244/2002 Coll. The Act on Arbitration (hereinafter referred to as ZoRK) expressly excludes, will resolve mutual disputes that have arisen or will arise between them in connection with this contract or other relations in the past or in future arbitration under the provisions of ZoRK and substantive law of the Slovak Republic before arbitrator JUDr . Milan Vojtek, LL.M., with its registered office at Jilemnického 30, 036 01 Martin, Slovak Republic, or before another arbitrator or arbitration court in the territory of a Member State of the European Union designated by JUDr. Milan Vojtek, LL.M., in accordance with the procedure regulated in § 8 par. 1 ZoRK (agreed method of appointing an arbitrator). The proceedings will be in writing according to Slovak law, according to the Rules of Procedure of the Arbitration Court ARBITRÁŽ (in case of arbitration) or Rules of Procedure (in case of arbitration) published on the website www.arbitraz.sk and in commercial disputes according to the principles of justice (§ 31 (4) ZoRK). In cases regulated by the provisions of § 22a ZoRK, the submission of the proposal is not delivered to the counterparty.
12. Alternative dispute resolution for the consumer buyer
12.1. In accordance with § 11 of Act no. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws, the consumer has the right to:
• turn to the seller for redress if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights, and
• apply for the initiation of ADR of the ADR entity if the seller has responded to the request under paragraph 1 in the negative or has not replied within 30 days from the date of dispatch.
List of subjects of alternative dispute resolution: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1
13. Final provisions
13.1. These general terms and conditions enter into force and effect on the day of their publication on www.leginity.com
13.2. The Seller reserves the right to change these General Terms and Conditions.