Terms and conditions

1. GENERAL PROVISIONS

These General Terms and Conditions govern the rights and obligations of the

Lysac s.r.o.

ID: 46390715

with registered office Čeľadice 281, Čeľadice 951 03

tel +421 911 441 211

e-mail: lysacbiz@gmail.com (hereinafter referred to as the ‘seller’) and the buyer.

The seller is the operator of the online store www.zuzik.eu

The buyer is a natural or legal person who registers through the seller’s online store or orders goods through it (hereinafter referred to as “the buyer”).

By using the seller’s online store and confirming the order, the buyer agrees to these terms and conditions.

1. ORDER

2.1. The buyer orders the goods through the seller’s online store, by phone or e-mail.

An order thus executed is considered binding and is understood as a distance contract in accordance with the Consumer Protection Act for door-to-door sales and mail order sales, as amended.

2.2. For each order, the buyer must provide first and last name, delivery and billing address, telephone number, e-mail; natural and legal person entrepreneur and ID, VAT ID, VAT number, name of goods, number of pieces, (order through the seller’s online store meets these conditions automatically).

This data will only be used in the context of the business relationship between the seller and the buyer and will not be passed on to a third party (with the exception of the person providing the transport of goods).

2.3. After delivery of the order, this order will be registered in the seller’s system and at the same time the business relationship between the seller and the buyer arises. Within 24 hours at the latest (on weekdays), the seller verifies the order, the mode of transport and announces the possible delivery time or delivery date, the final price and the method of payment. From this date, the order is binding on the buyer.

2.4. The Buyer has the right to cancel the order free of charge within 24 hours of ordering the goods without giving any reason. Confirmation of cancellation will be notified by the seller to the buyer in writing.

2.5. If the seller is unable to deliver the ordered goods, he has the right to cancel such an order. If the amount for the ordered goods has already been paid, the seller will send it back to the buyer by bank transfer.

The condition for the validity of the electronic order is its true and complete completion. The submitted order is a draft purchase contract. The purchase contract is created by the confirmation of the order by the seller via e-mail.

By sending an electronic order, the buyer confirms that he has become acquainted with these terms and conditions and that he agrees with them. By sending an electronic order, the Buyer accepts all provisions of the Terms and Conditions in the version valid on the day of sending this order, as well as the valid price of the ordered goods stated on the website.
The right of ownership of the goods passes to the buyer by taking over and paying the purchase price.

1. DELIVERY CONDITIONS3.1. Delivery times vary for different types of goods. The delivery or collection date of the goods will always be notified to the buyer when verifying the order.

3.2. In general, the delivery or collection date of the goods is from 3 into 14 days from the date of order verification.

3.3. In exceptional cases where certain types of goods are not in stock and are not available to producers and importers, the delivery time may be longer.

1. PRICE, PAYMENT TERMS AND SHIPPING

4.1. The price of the goods is stated on the seller’s website. Prices may be subject to change. The Seller reserves the right to change prices following changes in the prices of manufacturers and importers. The valid price of the goods will always be announced when verifying the order.

4.2. The buyer shall make the payment (cash, cash on delivery, transfer to the seller’s account, electronic payment).

4.3. When handing over the goods, the buyer pays the price for the goods + transport and, where applicable, the price of cash on delivery.

4.4. The mode of transport is chosen by the buyer himself when creating an order in the seller’s online store or in another means of communication.

4.5. The amount of shipping costs will always be notified to the buyer when verifying the order.

1. TAKING OVER GOODS

5.1. The buyer undertakes to take over the goods within the agreed date at the address indicated on the order.

5.2. When receiving the goods, the buyer is obliged to check the physical integrity and completeness of the shipment. If the shipment is visibly damaged and destroyed, the buyer is obliged to immediately contact the seller without receiving the shipment and write a Note of damage on the shipment with the shipping company. Any later complaints about quantity and physical violation of the goods will not be accepted.

5.3. The buyer acquires ownership rights to the goods only by paying the full price and other cash amounts agreed in the distance purchase contract on behalf of the seller. Until the transfer of ownership rights from the seller to the buyer who holds the goods, the buyer has all the obligations of the storer of the item and is obliged to safely store the goods at his own expense and mark them in such a way that they are identifiable as the seller’s goods in all circumstances.

5.4. The seller is entitled to demand the fulfilment of obligations, in particular the payment of the price for the goods, regardless of the fact that ownership of the goods has not yet passed to the buyer.

5.5. The risk of damage to the goods passes to the buyer at the moment of receipt by the buyer or his proxy.

1. WITHDRAWAL FROM THE CONTRACT

6.1. The buyer is entitled to withdraw from the contract without giving any reason within 14 working days from the date of receipt of the goods. Withdrawal from the contract must be made in writing, it must contain all the data used to identify the goods must be delivered within the above-mentioned period together with the goods to the seller’s address or another one specified by the seller.

6.2. The goods must not be damaged, used, must be in the original packaging and together with the goods the buyer must hand over all documents related to the goods in question (operating instructions, warranty card, proof of acquisition, etc.) received at the time of purchase. The Buyer agrees and acknowledges that the written form in this case means the instrument of withdrawal from the purchase contract signed by the Buyer.

The goods are not returned to cash on delivery. Goods sent in this way are not accepted and returned.

6.3. Subject to the above obligations of the buyer, the seller takes back the goods and within 15 days from the date of withdrawal of the contract the price paid for the goods or the advance paid by the buyer for the goods is returned to the buyer in a pre-agreed manner.

6.4. The Buyer may not withdraw from the purchase contract concluded at a distance, especially in the following cases:

1. (a) in the case of a contract involving the provision of a service, if the service has begun to be performed with the consent of the buyer before the expiry of the withdrawal period
2. (b) in the case of a contract the object of which is the sale of goods or services the price of which depends on the movement of prices on the financial market, which the seller cannot influence
3. (c) in the case of a contract the object of which is the sale of goods made according to the specific requirements of the buyer or goods intended specifically for one buyer, or goods which, by virtue of their characteristics, cannot be returned

6.5. The Seller reserves the right to cancel the order (withdraw from the contract) or part of it if:

1. (a) the goods are not produced or ceased to be produced
2. (b) the price of the supplier of the goods has changed
3. (c) the exposed price of the goods is defective
4. WARRANTY AND SERVICE

7.1. The specific warranty and service conditions are stated in the respective warranty sheets of selected goods that the buyer receives when purchasing the goods.

7.2. In general, unless otherwise specified in the warranty certificates, the warranty period for the performance of consumer contracts is set at a minimum of 24 months or above the use-by date of the goods. The buyer in this case is a person who does not act within the scope of his business or other business activity. It is possible to claim only goods purchased and paid for by the seller. When making a complaint, the buyer is obliged to deliver (if the nature of the goods allows – built-up goods) the claimed goods clean, mechanically undamaged, in the original packaging, including manuals, warranty card, invoice or other proof of payment of the goods to the seller. When making a complaint, the buyer follows the instructions specified in the warranty card.

7.3. The warranty authorization expires if the defect occurred by mechanical damage to the product, operation of the product in unsuitable conditions, improper assembly, non-compliance with the relevant standards by the buyer or the person who carried out the assembly by the buyer, or if the intervention in the product was carried out by a person other than the authorized person. Errors caused by natural disasters and mishandliering are also excluded from the warranty.

7.4. In the event of a complaint, it is recommended to notify the buyer by phone that the goods in question show an defect and how they have manifested themselves. Based on this information, the buyer will be advised to proceed with the complaint.

1. FINAL PROVISIONS

8.1. The Seller reserves the right to change the price. When changing the price, the seller contacts the buyer. The buyer has the right to cancel the order at such adjusted prices.

8.3. The Buyer declares that he has become acquainted with these General Terms and Conditions before completing or notifying the order and that he agrees with them.

8.4. Notwithstanding the other provisions of the contract, the Seller shall not be liable to the Buyer for lost profits, loss of opportunities or any other indirect or consequential losses due to negligence, breach of contract or otherwise incurred.

8.5. These General Terms and Conditions have been formulated and established in good faith in order to comply with legal conditions and to modify the correct business relations between the seller and the buyer. In the event that certain provisions of these Terms are proved invalid or unforceable by the competent authorities of the Slovak Republic, in whole or in part, the validity and enforceability of the other provisions and the remaining parts of the relevant provision remain unaffected.

8.6. The rights of the buyer (consumer) in relation to the seller under the Consumer Protection Act No. 634/1992 Coll., as amended and the Act on Consumer Protection in Door-to-Door Sales and Mail Order Sales No. 108/2000 Coll., as amended, remain unaffected by these terms and conditions.

Legal relationships and conditions not expressly regulated here, as well as any disputes arising from non-compliance with these terms, are governed by the relevant provisions of the Commercial or Civil Code.

8.7. The Seller and the Buyer agree to fully recognize distance communication – telephone, fax (including handwritten order), electronic form of communication, in particular via e-mail and internet network as valid and binding on both parties.

8.8. All personal data provided by the buyer in the context of the order of goods or registration through the online store are collected, processed and stored in accordance with Act No. 122/2013 Coll. on the Protection of Personal Data.

By sending the order or concluding the purchase contract, the buyer, in accordance with Act No. 122/2013 Coll., gives consent to the seller processing, collecting and storing his personal data for the purposes of concluding the purchase contract, processing orders and related communication with the buyer.

The buyer has the right to access his personal data, the right to rectify it, including other legal rights to this data.

8.9. The Seller does not provide, disclose and disclose the personal data of the Buyer to any other person, except: companies providing the transport of goods to which the buyer’s personal data are transmitted to the minimum extent necessary for the purpose of delivery of the goods.

8.10. Consent to the processing of personal data and the transmission of business information is granted for an indefinite period and can be revoked free of charge at any time by express and certain speech in writing addressed to the seller, by post, telephone or electronically by e-mail At the same time, the withdrawal of consent to the processing of personal data will result in the cancellation of the registration.

8.11. The buyer has the right to contact the seller with a request 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.

If the seller responds negatively to the buyer’s request or does not reply to it at all within 30 days from the date of its dispatch, the buyer has the right to file a motion to initiate an alternative dispute resolution (hereinafter referred to as “ADR”).

In the form of ADR, only disputes arising from the contract between the seller and the buyer (consumer) and disputes related to this contract may be resolved, with the exception of disputes pursuant to Section 1(4) of Act No. 391/2015 Coll. and disputes the value of which does not exceed EUR 20. An application to initiate ADR is submitted to an ADR entity pursuant to Section 3 of the Act cited above, using a platform or form, a specimen of which forms Annex 1 to the act cited.

The ADR entity may require the buyer to pay a fee for the commencement of ADR, up to a maximum of EUR 5 in vat. If several entities are competent for ADR, the buyer has the right to choose to which of them will submit a proposal. In addition to ADR, the consumer has the right to apply to the substantive and locally competent general or arbitration court. The ADR platform is available on: ec.europa.eu/consumers/odr/index_en.htm#sthash.t4FXTlGF.dpuf