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GENERAL TERMS AND CONDITIONS

Valid from 01. 09. 2020

These terms and conditions govern the rights and obligations of the parties arising from the purchase agreement concluded through the online store located on the website www.wowoowo.com between Ing. Ján Semivan (hereinafter referred to as the "supplier" or "seller") and its business partners (hereinafter referred to as the "buyer" or "customer").

Supplier
Ing. Ján Semivan
Koliskova 4
841 05 Bratislava

Mobile: 0917/233 546
E-mail:
soulofthewood@gmail.com
IČO: 47657707
Steuernummer: 1079414314


Bank connection: CSOB, as Account number: 4004147577/7500
IBAN: SK73 7500 0000 0040 0414 7577


The buyer is the consumer or the entrepreneur.

A consumer is a natural person who, in concluding and performing a contract, does not act within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession. When starting a business relationship, the consumer only provides the seller with his contact details, which are necessary for the smooth processing of the order, or the data that he wants to have stated on the purchase documents. Legal relations between the seller and the consumer not explicitly regulated by these GTC are governed by the relevant provisions of Act. no. 40/1964 Coll., Civil Code, Act no. 634/1992 Coll., On consumer protection, as well as related regulations, all as amended.

Entrepreneur means a person registered in the Commercial Register, a person who conducts business on the basis of a trade license, a person who conducts business on the basis of a license other than a trade license under specific regulations, a person who operates agricultural production and is registered under a specific regulation. Legal relations between the seller and the buyer, who is an entrepreneur, not explicitly regulated by these GTC or the contract between the seller and the buyer are governed by the relevant provisions of Act no. 513/1991 Coll., Commercial Code, as amended, as well as related regulations.

The buyer is aware that the purchase of products that are in the seller's business offer does not give him any rights to use registered trademarks, trade names, company logos or patents of the seller or other companies, unless otherwise agreed in a specific case by a separate contract.

I. General provisions

1.1 By sending the order, the Buyer confirms that he has read these terms and conditions, of which the valid Warranty Conditions and the Complaints Procedure form an integral part, and that he agrees with them. The buyer is sufficiently informed of these terms and conditions before the actual execution of the order and has the opportunity to become acquainted with them.

1.2 The General Terms and Conditions are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written purchase agreement in which they agree on terms deviating from the general terms and conditions, the provisions of the purchase contract in question will take precedence over the general terms and conditions.

1.3 The Seller reserves the right to change these general terms and conditions. Changes and / or amendments to these terms and conditions come into force on the day of their publication on www.wowoowo.com. The obligation to notify the change in these general terms and conditions in writing is fulfilled by placing it on the seller's e-commerce website.

II. Subject of the contract

2.1 The subject of the contract are only the items listed in the purchase contract - order (hereinafter only products or products).

2.2 The Seller undertakes to deliver to the Buyer only the goods in a faultless condition and in accordance with the specifications or properties usual for the given type of goods complying with the given standards, regulations and ordinances valid in the territory of the Slovak Republic.

2.3 All pictures and colors are for information only and may differ from the actual appearance of the product.

III. Ordering goods, concluding a contract

3.1 The buyer orders the goods from the seller by filling in the electronic order form listed on the seller's website www.wowoowo.com.

3.2 The list of goods on any e-commerce website operated by the seller is a catalog of commonly supplied goods and the seller does not guarantee the immediate availability of all listed goods. The availability of goods will be confirmed for the buyer based on the question of the buyer, respectively. delivery of a binding order confirmation. The buyer can verify the prices of the goods for individual items of goods. Prices for transport and other fees are listed in the Transport section.

3.3 The Supplier reserves the right to demand partial payment of the purchase price of the goods in the form of an advance invoice before delivery of the goods if the ordered goods are:

3.3.1 Custom nature

3.3.2 Availability of goods is "to order"

3.3.3 It is a larger quantity of one product

3.4 The condition for the validity of the electronic order is the true and complete completion of the required data and requisites in the form. If the order does not contain all the required details, it is considered incomplete. In the case of an incomplete order, the seller will try to contact the buyer (if possible with regard to the information provided) and ask him to eliminate the deficiencies of the order and to complete it. The order is considered complete when the additional data is delivered to the seller.

3.5 The sent order of goods is a proposal for concluding a purchase contract. The supplier will confirm its acceptance to the buyer by an automatically generated informative email to the entered email address, but this confirmation does not affect the creation of the contract.

3.6 The contractual relationship between the seller and the buyer arises only on the basis of a binding confirmation by the seller to the buyer of acceptance of the order after prior receipt of the order and verification of availability and delivery date marked as "Order Confirmation".

3.7 By confirming the order, the supplier will also notify the buyer within what period it will be possible to deliver the goods. If the goods ordered by the buyer are not currently in stock, the buyer will be informed via SMS, telephone or e-mail, where he will be notified of the possible delivery date of the goods.

3.8 The Buyer acknowledges that the Seller is not obliged to enter into a purchase agreement, especially with persons who have seriously breached the contractual relationship in the past (including the Terms and Conditions).

3.9 If a long-term framework written purchase contract has been concluded between the participants, the electronic order shall specify and specify the concluded contract in more detail and shall be an integral part thereof.

IV. Withdrawal of the consumer from the purchase contract

A buyer who does not purchase goods within the scope of his business activity is entitled to withdraw from the purchase contract without giving a reason within 14 working days of taking over the goods in accordance with Art. § 7 par. 1 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 and on the amendment of certain laws

4.1 (hereinafter referred to as the "Consumer Protection Act in Mail Order"). Withdrawal of the consumer from the contract terminates the contract from the beginning.

4.2 The buyer may not withdraw from the purchase contract in particular in the following cases:

4.2.1 in the case of a contract which includes the provision of a service, if the provision of the service began with the express consent of the consumer and the consumer has stated that he has been duly informed that by giving his consent he loses the right to withdraw from the contract after full provision of the service, and if the full provision of the service has taken place,

4.2.2 in the case of a contract involving the provision of a service, provided that the provision of the service began with the express consent of the consumer and the consumer has stated that he has been duly informed that by giving his consent he loses the right to withdraw from the contract after full provision of the service; and if the full provision of the service has taken place,

4.2.3 in the case of a contract having as its object the sale of a product made to the consumer's specific requirements or of a product intended specifically for a single consumer, or of a product which, because of its characteristics, cannot be returned.

4.3 After the expiry of the statutory period of 14 days (Act No. 102/2014 Coll.), The Seller is not obliged to accept uncleaned or otherwise contaminated goods that do not comply with hygienic standards.

4.4 Withdrawal from the purchase contract according to the previous point of these terms and conditions must include the identification of the buyer, number and date of the order, exact specification of the goods, the way the seller is to return the already received performance, especially account number and / or postal address. Simultaneously with the withdrawal from the purchase contract, he is obliged to deliver the goods to the seller together with accessories, including documentation, instructions, warranty card, proof of payment, etc. and in the original packaging in person, by courier or in the form of an insured shipment to the address specified in the Contacts section within 30 days from the date on which the buyer sent the seller notice of withdrawal from the purchase contract. The product is not returned on delivery. The product sent in this way is not accepted and is returned. We recommend the buyer to insure the package against breakage! The supplier is not responsible for broken returned goods due to transport from the buyer. The supplier insures all goods sent to the buyer. In the event of mechanical damage to the returned goods, the buyer claims compensation from the carrier. The supplier will not take over the mechanically damaged goods, in which case the right to a refund expires.

4.5 The buyer acknowledges the fact that if gifts are provided with the goods, the gift contract between the seller and the buyer is concluded on the condition that if the consumer's right to withdraw from the contract under § 7 of Act no. 102/2014 Coll., The gift contract loses its effect and the buyer is obliged to return the gifts provided in connection with the returned goods.

4.6 In the event that the buyer withdraws from the contract and delivers to the seller goods that are not used, are in the original sealed original packaging and are not damaged or incomplete, the seller will return to the buyer the purchase price already paid for the goods specified in the binding acceptance of the order. within 30 working days from the delivery of the withdrawal from the purchase contract and at the same time the physical delivery of the goods to the seller by non-cash transfer to the buyer's account designated by the buyer.

4.7 In the event that the buyer withdraws from the contract and delivers to the seller goods that are used and damaged or incomplete, the seller will return to the buyer the purchase price already paid for the goods specified in the binding acceptance of the order or the part is reduced in accordance with par. § 457 of the Civil Code on the value of its wear in the amount of 1% of the total price of goods for each day of use of goods and the value of repair and restoration of goods, and these costs will be quantified only after performing the acts, within 15 working days of delivery from the purchase contract and delivery of the goods to the seller by cashless transfer to the buyer's account designated by the buyer.

4.8 The Seller will return the purchase price to the Buyer upon valid withdrawal from the contract. The cost of returning the goods is not borne by the buyer only if the goods did not fully meet the quality requirements and were also defective. Goods fully complying with the quality requirements are considered to be goods with the same or similar characteristics as stated in the offer of goods on the seller's website.

4.9 In the event that the buyer fails to fulfill any of the obligations set out in point 4.4. and 4.5. of these terms and conditions, withdrawal from the purchase contract is not valid and effective and the seller is not obliged to return the purchase price to the buyer and is also entitled to reimbursement of costs associated with sending the goods back to the buyer.

4.10 If the buyer is an entrepreneur, the buyer may be offered a replacement withdrawal from the purchase contract depending on the condition of the returned goods, lost warranty and the current price of the returned goods. The condition of the goods is evaluated by the seller. In the event of disagreement on terms acceptable to both parties, the goods will be returned at the expense of the seller. The seller is entitled to charge the buyer any additional costs incurred.

V. Prices and payment terms

5.1 The prices of the products are set by the price list of the seller and are stated in EUR, including VAT in accordance with the relevant legal regulations. The share prices and any other discounts are valid for the period during which the event lasts and provided that the conditions specified for each event or discount are met separately. Different promotions and discounts cannot be combined unless expressly stated otherwise.

5.2 The Seller reserves the right to unilaterally adjust (increase / decrease) the prices of goods, provided that the new prices of goods are valid for the buyer on the day of their publication on www.wowoowo.com. Such price adjustment does not apply to confirmed orders. In the event that a price is obviously incorrect for a product on www.wowoowo.com, the seller is not obliged to deliver the goods at the wrong price, but will offer the buyer the delivery of the goods at the proper price. If the buyer in this case does not agree with the proper price of the goods, he can withdraw from the purchase contract.

5.3 The Buyer is obliged to pay the Seller the purchase price of the goods agreed in the purchase contract and / or according to the Seller's price list valid at the time of concluding the purchase contract, including the cost of delivery of the goods (hereinafter "purchase price"). The price of the products does not include the costs of delivery of the goods to the buyer (postage) and packaging, nor the costs associated with the assembly of the purchased goods.

5.4 The buyer has the option to choose from the following methods of payment:

5.4.1 Payment by transfer to the seller's account is made on the basis of an advance invoice. Payment means the moment of crediting the amount specified by the invoice to the supplier's account. When paying, it is necessary to state the buyer's order number as a variable symbol. The variable symbol incorrectly stated by the buyer during payment results in incorrect settlement of the purchase price and the buyer bears all the risks associated with it and the buyer is in arrears with the fulfillment of the obligation to pay.

5.4.2 Payment through an intermediary - Paypall.

5.4.3 Payment in cash on delivery at the place specified by the buyer in the order.

5.5 The buyer is obliged to pay the seller the purchase price for the agreed goods within the period specified in the purchase contract. The seller reserves the right of ownership of the goods until full payment of the purchase price.

VI. Delivery time and delivery conditions

6.1 Deliveries of the subject of performance (ordered goods) are processed in the shortest possible time depending on the availability of products and operational capabilities of the seller. Delivery times are stated in the order confirmation, while the delivery time of the goods with the longest delivery time applies to the entire order, unless otherwise agreed. The delivery period begins to run from the date of conclusion of the contract, but not before the customer fulfills his obligations under the contract.

6.2 The standard delivery time is within 14 working days from the date of the binding confirmation of the order by the seller to the buyer. If the ordered goods are not available in stock, the delivery time is extended according to the type of product to 3-8 weeks, from the date of conclusion of the purchase contract. The delivery times stated for each product are for guidance only. Their length is given in working days or calendar weeks. When the product is ready for shipment, the buyer will receive the information by phone, SMS or e-mail.

6.3 The order can also be delivered in parts. The buyer can request the division of the order mainly due to the accelerated delivery of individual titles. In this case, the buyer pays the increased postage costs. The seller can divide the order mainly for reasons of better delivery, prevention of unnecessary waiting for goods with a longer delivery time, etc. In such cases, the seller bears the increased costs of postage and the buyer pays them only in the original amount, which was determined when ordering.

6.4 If the non-compliance with the delivery deadline was caused by force majeure or circumstances under which the seller or. its supplier does not respond (eg by war, terrorist attacks, import or export restrictions, labor disputes, etc.), the delivery time is extended accordingly. In case of non-compliance with the delivery deadline for reasons other than those mentioned, the customer is entitled to withdraw from the contract.

6.5 If delivery or transport is delayed at the request of the buyer or for reasons on the part of the buyer, the seller is entitled to demand from the buyer payment of storage fees or payment of 1% of the invoiced amount for each month of delay. The seller is also entitled to withdraw from the contract after a reasonable period. In such a case, the seller is entitled to invoice the buyer for the costs incurred.

6.6 Personal collection is possible only after agreement between the seller and the buyer.

6.7 At the same time, the Buyer has the opportunity to use the Supplier's transport services or the courier service authorized by him. The specific method of transport is chosen by the supplier according to the type of ordered goods. The goods will be delivered to the buyer to the address specified in the order form. Shipping address may be different from billing address.

6.7.1 By taking over the goods from the entrepreneurs, the moment of their delivery by the seller to the buyer resp. to the first carrier.
If the buyer is a consumer, the moment of taking over the goods by the consumer from the seller or. takeover from the carrier.

6.7.2 The goods will be delivered to the customer on working days - Monday to Friday, during the delivery time of the authorized delivery service. The buyer is obliged to take over the goods in person or ensure that the goods are taken over by a person who is authorized in case of his absence to take over the goods specified in the purchase contract and sign a protocol on delivery and delivery of goods. The third party authorized to take over the goods specified in the purchase contract is obliged to submit to the carrier the original or a copy of the purchase contract and proof of payment for the goods and a written power of attorney.

6.7.4 The goods will be delivered to the customer for the first lockable door of the object, which was specified as the delivery address in the order. Unless otherwise agreed, the driver is not obliged to provide other services to the customer after delivery of the goods - ie. for example, to assist in the transfer of goods to the final place where the goods will be installed, carrying on stairs, etc.

6.7.5 When accepting the shipment - before signing the receipt of the goods - the customer is obliged to check the product packaging in the presence of the carrier. If this shipment is not mechanically damaged, accept the shipment by confirming your signature on the delivery note. If the customer finds any damage due to transport, the customer is obliged to write a report with the courier on the damage to the shipment! Any subsequent claims for obvious defects or mechanical damage to the product caused during transport will not be taken into account after signing the shipping / delivery note - with regard to the conditions of the carrier - and will be rejected (claims will be rejected as unfounded).

6.7.6 If damage to the package of the consignment is obvious during acceptance, the customer will not accept the consignment, describe the damage in the handover protocol of the carrier and immediately inform the supplier. All packages are delivered as fragile goods and are insured against damage during transport. Additional detection of possible damage to the goods during transport will not be accepted.

6.7.7 In the event that the customer does not receive the goods upon the first delivery, and requests re-delivery of the goods, he is obliged to pay the costs of the first as well as re-delivery of the goods.

6.8 The order can also be delivered in parts. The buyer can request the division of the order mainly due to the accelerated delivery of individual titles. In this case, the buyer pays the increased postage costs. The seller can divide the order mainly for reasons of better delivery, prevention of unnecessary waiting for goods with a longer delivery time, etc. In such cases, the seller bears the increased costs of postage and the buyer pays them only in the original amount, which was determined when ordering.

VII. Warranty conditions and complaints

7.1 The warranty conditions for the goods are governed by the valid warranty conditions and the complaint procedure of the seller and generally binding legal regulations. Nothing in these terms and conditions may be construed, interpreted or applied as a restriction or denial of the consumer's rights under generally binding legal regulations, or as a limitation or exclusion of the seller's liability for defects of the goods towards the consumer.

7.2 When concluding a contract between the seller and the buyer as a consumer, the relations of the contracting parties are governed by the provisions of Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. On consumer protection and Act no. 397/2008 Coll., Which amends Act no. 250/2007 on consumer protection.

7.3 If the contract is concluded between a seller and a buyer who is not a consumer, ie it is the purchase of goods for business purposes, then the contractual relations are governed by the provisions of Act no. 513/1991 Coll. Commercial Code.

7.4 Specific warranty and service conditions are stated in the relevant warranty sheets of selected products. In general, unless otherwise stated in the warranty certificates, the warranty period for the performance of consumer contracts is set at a minimum of 24 months * and begins on the day the consumer takes over the product. In any case, the warranty period ends with the expiration of the provided warranty period from the date of sale stated on the sales document or on the warranty card.

* An exception may be made for goods sold at a discount (goods damaged, used, incomplete, etc. - such characteristics are always given with the goods - if not, they are considered to be new, undamaged and complete goods). If the buyer is a consumer and if the goods are used, the seller is not liable for errors corresponding to the degree of use or wear that the goods had when taken over by the buyer, and the rights from liability for defects of the goods expire if not exercised within 12 months from the date of takeover. In the case of goods sold at a lower price due to an error or incompleteness, the warranty does not cover errors for which a lower price has been agreed.

7.5 The warranty does not cover defects or damage after the warranty period of the goods or caused by mechanical or chemical influences (eg incorrect treatment of the product), normal wear and tear of the product and its parts, damage to the goods by unavoidable and / or unforeseeable events or resulting from non-compliance. listed in the warranty cards, assembly instructions, general principles, technical standards valid in the Slovak Republic, which are an integral part of the warranty conditions of each product.

7.6 In the event that the customer discovered a defect in the purchased product during the warranty period, which was not caused by improper use or incorrect maintenance, but by a defect of the product itself, he has the right to complain about the product during the warranty period.

7.7 Complaints about goods purchased through the online store www.wowoowo.com can be made in accordance with Art. § 18 of Act no. 250/2007 Coll., On consumer protection, as amended, for the entire warranty period, in person at the address of the seller, by sending the Complaint Form listed on www.wowoowo.com, or in writing to soulofthewood@gmail.com or by mail at the address of the supplier specified in Contacts.

7.7.1 The complaint is valid only with a duly completed, confirmed warranty card and / or proof of purchase. The complaint cannot be considered justified and will not be accepted if all the conditions stated in the valid Warranty Conditions and the seller's complaint procedure have not been met.

7.7.2 Complaints of goods are handled by the seller without undue delay, but no later than 30 days from the day following the valid application of the complaint by the buyer. This period is not binding on the buyer, who applied the ID number during the purchase and thus his relationship with the seller is regulated by the Commercial Code.

7.7.3 The buyer is informed about the handling of the complaint either by telephone, SMS or e-mail.

VIII. Other rights and obligations of the contracting parties

9.1 The Buyer acknowledges that all textual and multimedia content and any data and information published on the website www.wowoowo.com are the property of the creators and other persons who participate in their creation and are protected by copyright in accordance with Act no. 383/1997 Coll. This protection includes, in particular, any reproduction, modification, translation, storage and processing in other media, including storage and processing on electronic media. Viewing and downloading of any materials and documents from this site for personal and non-commercial purposes is permitted. Any use of the protected content for non-commercial purposes, whether in whole or in part, is only possible with prior written consent. The consent of other entities can always be obtained exclusively from the owner Ing. Ján Semivan. The content and structure of the site are protected by the same rights.

9.2 The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the web interface of the store, nor to use mechanisms, software or other procedures that could have a negative impact. impact on the operation of the store's web interface. The web interface of the store can be used only to the extent that is not to the detriment of the rights of other buyers of the seller and which is in accordance with its purpose.

9.3 The logos of www.wowoowo.com, as well as all product and file names used on this site, are registered trademarks. Unauthorized use or misuse of these trademarks is expressly prohibited and confers rights arising from infringement of the Trademark Act, the Copyright Act, as well as rights arising from infringement of other intellectual property rights. The consequence of such an action may be, inter alia, an obligation to compensate for damage or a criminal sanction.

9.4 The Buyer acknowledges that the Supplier is not liable for service errors caused by third party intervention in the Supplier's web interface or as a result of using the Supplier's web interface contrary to its purpose.

9.5 All data and information published on the website www.wowoowo.com have been compiled with the utmost care. Nevertheless, it is not possible to guarantee the completeness and accuracy of all data. Therefore, the seller does not accept responsibility for any errors in the content of this site.

X. Protection of personal data

10.1 The protection of personal data is implemented in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and the Instruction of Data Subjects (GDPR).

XI. Final provisions

12.1 Unless otherwise agreed in writing, these terms and conditions are valid for all purchase contracts concluded between the supplier and the customer through an online store located on the website www.wowoowo.com. Contractual relations between the seller and the buyer are assessed according to the Business Conditions valid at the time of the contractual relationship (conclusion of the purchase contract).

12.2 Legal relations and conditions not expressly regulated here, as well as any disputes arising from non-compliance with these conditions, are governed by the relevant provisions of the Slovak Republic, even if the buyer is a national of another country.

12.3 If any provision of the Terms and Conditions is invalid, ineffective or unenforceable, the other provisions shall remain in force and effect. The parties undertake to replace the invalid, ineffective or unenforceable provision with a new contractual provision in accordance with the Terms and Conditions, which will be valid, effective and enforceable, so that it could be assumed that the parties would have used it if they had known of the invalidity or ineffectiveness of the provision being replaced.

12.4 The prices, designs and technical parameters of the products listed on the website www.wowoowo.com, catalogs, brochures and other publications are non-binding, unless they have been contractually agreed to be binding, and may differ from those declared within the relevant standards. All images used are for illustration only. The manufacturer reserves the right to change technical parameters without prior notice.

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