The purpose of these terms and conditions is to define and specify the rights and obligations of the seller (supplier) on the one hand and the buyer (customer, consumer) on the other. All contractual relationships between the seller and the buyer are governed by the Slovak law. If 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. on consumer protection as amended, Act no. 108/2000 Coll. on consumer protection in domestic sales and mail order sales, as amended. If 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.
1 Definitions in these Terms and Conditions
1.1 "E-shop" means a computer program - an Internet application that is available on the Internet through the Internet address www.brubi.eu , the main functionality of which is the display, selection and order placement of goods by the User;
1.2 "Consumer contract" means a sales contract where the parties to the contract are the supplier and the consumer;
1.3 "Seller" (supplier) is a person who, in concluding and performing the consumer contract, acts within the scope of his business or other entrepreneurial activity. This is an entrepreneur who offers or sells products or provides services to the consumer, and also an entrepreneur who supplies the product to the buyer, directly or through other traders;
1.4 'Consumer (buyer) is a person who purchases products or uses services for their personal use or for members of their household and who does not act within the scope of their business or other entrepreneurial activity when concluding and performing the consumer contract;
1.5 A non-consumer buyer is a person who, in concluding and performing a sales contract, acts within the scope of their business or other entrepreneurial activity;
1.6 Concluding the sales contract - buyer's order is a proposal to conclude the sales contract. The actual sales contract is concluded in the moment of delivery of the seller's binding consent with the sales contract proposal to the buyer, i.e. upon the receipt of a binding order confirmation from the seller. From this moment, mutual rights and obligations which are defined by the purchase contract and by these terms and conditions, arise between the seller and the buyer. The trading conditions are an integral part of the sales contract;
1.7 "Shopping Cart" means the part of the E-shop, which is automatically generated by the relevant functions activation done by the User as part of his actions in the user environment of the E-shop, in particular by adding or removing Goods, or changing the quantity of selected Goods;
1.8 "Civil Code" refers to Act No. 40/1964 Coll., The Civil Code, as amended;
1.9 "Operator" refers to brubi s.r.o. Company registration number: 52579221, place of business: M.M.Hodžu 4, 974 01 Banská Bystrica, Slovakia, represented by a member of an executive body Mgr. Marína Klemaničová.
1.10 "Access data" means a unique login name and associated password entered by the User into the E-shop database during Registration;
1.11 "Registration" means the electronic registration of the User in the E-shop database, by disabling at least the mandatory registration data in the user interface of the E-shop and the Access Data and their subsequent storage in the E-shop database;
1.12 "User" means any legal or natural person who uses the E-shop;
1.13 "User Account" means the part of the E-shop, which is established for each user by their Registration (i.e. it is unique for each User) and available after entering the access data;
1.14 "Goods" means an item offered by the Operator for sale to the User through the E-shop and, if a license is offered for the Goods, then it also includes the license;
2 The process of concluding the Contract
2.1 Through the E-shop, the Operator offers Users a conclusion of the Sales contract. The Operator's offer for concluding the Sales contract is done by the display of the button labeled ORDER WITH OBLIGATION TO PAY in the user interface of the E-shop.
2.2 Clicking the button with the label "ORDER WITH OBLIGATION TO PAY" on the part of the User is considered to be the unconditional acceptance of the Operator's offer for the conclusion of the Sales contract under paragraph 2.1 of these Business Terms and Conditions.
2.3 Sales contract is concluded by the unconditional acceptance of the offer under paragraph 2.2 of these Business Conditions.
2.4 The contract is concluded in the moment when the electronic information about the User's click on the "ORDER WITH OBLIGATION TO PAY" button, reaches via the Internet the server where the E-shop is installed.
2.5 The user undertakes to fill in the true and complete data in the appropriate text fields in the user environment of the E-shop, in particular to fill in his email address, identification data and as the case may be the delivery address truthfully. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and effective and is not obliged nor authorized to check the entered data.
2.6 The Operator will send the User an e-mail message about the conclusion of the Sales contract, it will be send to the e-mail address entered by the User in the appropriate field in the user environment of the E-shop. In the e-mail, the buyer will also find a link to the current wording of the GTC and the seller's warranty terms.
3 Purchase Contract
The following provisions become relevant by concluding of the Sales Contract:
3.1 User purchases Goods from the Operator, the Goods were chosen by the User in the user's environment of the E-shop by placing it into the Shopping Cart, in the quantity chosen by the User and/or quantity set for such Goods in the E-shop environment and the User undertakes to pay the Operator for the given Goods the price stated for such Goods in the User's E-shop environment.
3.2 The price of the Goods stated in the user environment of the E-shop/website is always valid only until the moment of its change. For orders sent after making a change, the applicable price is always the new one.
3.3 The operator, for any reason or without giving any reason, has the right to withdraw from the Sales Contract until the moment of dispatch of the Goods to the User. Tle legal proceedings of the Operator, meaning notifying the User, that the Goods ordered by him/her cannot be delivered is also considered to be Withdrawal from the Sales Contract.
3.4 The Operator is entitled to ask the User for an additional order confirmation anytime and is entitled to delay the dispatch of the Goods to the User until he/she receives the order confirmation from the User.
3.5 The method of packaging of the Goods is determined solely by the Operator.
3.6 User is obliged to pay the Operator for the costs associated with the packaging and delivery of the goods to the User in the amount specified for the given order in the E-shop user environment.
3.7 The User has the right to choose from the possibilities shown to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and possible other other payments to the Operator:
a) by transfer to the account of the operator. The Operator will reserve the Goods for the User for a maximum of 5 calendar days from the request for payment. If payment is not made within 5 calendar days, the operating service has the right, without prior notice Bye, to cancel the order.
b) through PayPal payment gateway
c) using card via CardPay service
The User makes the payment in EUR in advance before the goods are delivered.
3.8 In case of non-cash payment by bank transfer, the User is obliged to enter the variable symbol specified by the Operator.
3.9 In case of non-cash payment, the user's duty of the purchase price payment is fulfilled by the moment of crediting the relevant amount to the bank account determined by the Operator.
3.10 The operator has the right to provide the User a discount from the price of the Goods. The discounts from the price of the Goods may be combined, unless explicitly stated otherwise for a particular one of the Goods.
3.11 Any payments, fees or other rewards that the User must spend on services provided to third parties in connection with the payment of the purchase price for the Goods, are not part of the purchase price for the Goods and these costs are solely the costs of the User.
3.12 The Operator reserves ownership of the Goods which are the subject of the Sales Contract until the purchase price for the Goods has been fully paid.
3.13 The Operator undertakes to deliver the Goods to the User within a reasonable period of time from the conclusion of the Sales contract or from the crediting of the corresponding amount to the Operator's account, if the User has chosen the method of payment by transfer. All deadlines for Goods delivery are listed in the user interface of the E-shop and are only approximate.
3.14 Upon request, the Operator will send a tax document to the User - invoice in electronic form, to the User's email address entered with the order into the User Environment of the E-shop.
3.15 If the Operator, together with the Goods, provides a gift to the User, the gift contract between the User and the Operator is concluded with the untying condition that if there is withdrawal from the Sales contract, the gift contract is canceled as well from the beginning together with the Sales contract and the User is obliged to return the provided gift to the Operator together with the purchased Goods.
3.16 The Operator provides the User with a guarantee for the purchased Goods for the period of the warranty period specified for the given Goods in the user environment of the E-shop, the stated guarantee applies to all users.
3.17 The User is entitled to exercise the rights arising from defective performance with the Operator at the address of its registered office or the one of operation. The moment of filing a complaint is considered to be the moment when the Operator receives the claimed Goods from the User.
3.18 The risk of loss, damage and / or destruction of the Goods that are the subject of the Sales contract passes onto the Consumer, who is the User, by handing over the goods to the first carrier.
3.19 The risk of loss, damage and / or destruction of the Goods that are the subject of the contract passes onto the Consumer , who is not the User by handing over the goods to the first carrier.
3.20 The buyer is obliged to check the condition of the shipment together with the carrier immediately upon delivery (number of packages, conditions of the tape, or damage to the package). The buyer has the right to refuse to accept an incomplete or damaged shipment. If the package is visibly damaged or the original tape is damaged, do not accept the Goods from the carrier, write a damage report with the carrier and inform the seller immediately via e-mail.
3.21 In the event of non-acceptance of the Goods, which is the subject of a sales contract based on the Buyer's order from www.brubi.eu , the Seller is entitled to demand compensation from the buyer in the amount of costs necessarily incurred and related the performance of the valid in law effective sales contract.
4 User account
4.1 The User has the right to establish a User Account by Registration.
4.2 The User is obliged to enter Access Data before entering the User Account.
4.3 The identification data of the User entered during the Registration are considered to be the data entered during the order of each Goods, which the User makes after logging in to his User Account.
4.4 The User must not provide Access Data or any other access to the User Account to third parties. The User is obliged to take all reasonable measures to keep them confidential. The User is fully responsible for the unauthorized use of these access data or the User Account and for the damage thus caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User is obliged to notify the Operator of this fact without undue delay. The Operator will provide the User with new access data within a reasonable period of time.
4.5 The Operator is entitled to unilaterally change these Business Terms and Conditions; the Operator will notify the User of the change via the E-shop or by sending an e-mail message to the User's e-mail address entered in the E-shop database. The User has the right to refuse the change of the Business Conditions within 7 days from the first login to the User Account after the notification about the change of the Business Conditions (in case of delivery via E-shop) or from the delivery of the email message to the User's email box (in case of delivery by email) and terminate the obligation for this reason within a notice period of 14 days, which the contracting parties unanimously state as sufficient to procure similar services from another supplier.
5 Consumer Information
5.1 The Consumer has the right to withdraw from the Sales contract within fourteen (14) days of receipt of Goods. In case the subject of the Sales contract are several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Sales contract must be sent to the Operator (as the seller) by letter, sent by post to the address brubi s.r.o., Jilemnického 26, 974 04 Banská Bystrica, Slovakia or by e-mail to firstname.lastname@example.org within the period specified in this paragraph.
5.2 The buyer has the right to unpack the goods and within this period after receipt test it in a manner similar to the usual purchase in a typical brick-and-mortar shop, to the extent necessary to determine the defects, properties and functionality of the goods.
5.3 The Consumer is liable to the Operator for the reduction of the value of the Goods as a result of handling these goods in a manner other than that necessary to become acquainted with the nature and properties of the Goods, including their functionality.
5.4 If the Consumer has already accepted the ordered goods, he is obliged to return it in the original undamaged packaging. If the Buyer returns the ordered goods damaged, with partial wear or in a condition which does not comply with the condition in which it was sent by the Seller, the buyer acknowledges that the Seller is entitled to cover the cost of the damage thus incurred, from the amount paid by the Buyer for the ordered goods. The Seller is obliged to prove the damage.
5.5 At the same time, in the withdrawal from the contract, the Buyer is obliged to state his contact details and the bank account number for the return of the purchase price for the Goods, which may be reduced if legal reasons are met.
5.6 The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the buyer all payments received from him under the contract or in connection with it. The Seller is not obliged to return these payments to the Buyer before the goods are delivered back to the seller.
5.7 If the Consumer withdraws from the Sales contract with respect to the Goods which he returns to the Operator without providing reasons, he shall bear the costs of returning the goods to the Seller or to a person authorized by the Seller to take delivery of the goods. The returned purchase price for the Goods will be reduced by the transportation costs for the returned Goods if the Consumer uses the option of returning the Goods using the transport service offered by the Operator.
5.8 In accordance with prov. § 7 par. 6 of the Act on Consumer Protection in Distance Selling The Buyer cannot withdraw from a contract, the subject of which is:
- the sale of goods made according to the consumer's specific requirements, custom-made goods or goods intended specifically for a single consumer,
- the sale of goods which was, at the time after the conclusion of the contract and the receipt of the ordered goods from the seller assembled for the buyer, put together or used in such a way that returning it to its original condition by the seller is not possible without increased efforts and increased costs, e.g. put together or assembled furniture, etc.
5.9 The form for withdrawal from the Sales contract is Annex no. 1 of these Terms and Conditions.
5.10 The Operator uses the possibility of an out-of-court settlement of consumers disputes. In the event of a complaint, Consumers can, free of charge, contact the relevant Operator's employee via the email address email@example.com.
5.11 If the Consumer withdraws from the Sales contract, this is canceled from the outset, as well as any other additional contract related to the Sales contract from which the Consumer has withdrawn. It is not possible to demand any costs or other payments from the Buyer in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in prov. § 9 par. 3, par. § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and price for a service, if the subject of the contract is the provision of a service and the full provision of the service has taken place.
6 Warranty terms
6.1 The Operator guarantees to the Consumer that the Goods are free of defects upon receipt. This does not apply if the subject of the Sales Contract is goods with defects, which the Operator is obliged to notify the Consumer about, if they are known to him, or taking all circumstances into account, should have been known to him.
6.2 If the Goods have defects, the Consumer has the right to request the delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect, or if the subject of Sales Contract was the Goods with defects that the Operator, if known to him, or, taking all circumstances into account, should have been known to him, informed the Consumer of. If the defect only appertains to a part of the Goods, the Consumer may request only the replacement of the given part of the goods; if this is not possible, he has the right to withdraw from the Sales contract.
6.3 The Consumer has the right to receive new Goods or right for replacement of a part of the goods even in the case of a repairable defect, if he cannot use the given Goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Consumer has the right to withdraw from the Sales contract.
6.4 Complaints are submitted in person, by e-mail to firstname.lastname@example.org , or by mail to the address of the shop: brubi s.r.o., Jilemnického 26, 974 04 Banská Bystrica, Slovak Republic, together with the proof of acquisition of the goods (invoice) and accompanying complaint form with a description of the goods defect, which you will find on this link. Do not send the goods you want to return via cash on delivery service- it will not be accepted!
6.5 If the Consumer does not withdraw from the Sales contract or does not exercise the right to receive new Goods without defects, or to replace its components or to repair the Goods, he may demand a reasonable discount from the price of the Goods. The Consumer is entitled to a reasonable discount from the price of the Goods even if the Operator cannot deliver new Goods without defects, replace its part or repair the Goods, as well as if the Operator is not able to seek redress within a reasonable time, or if seeking redress would cause the Consumer considerable difficulties.
6.6 The rights related to defective performance of the contract does not belong to the Consumer, if the Consumer knew before receipt of ordered Goods that the Goods were defective, or if the Consumer himself caused the defect.
6.7 If guarantee applies to the Goods, the Consumer has the right to claim liability for defective performance during the warranty period.
6.8 At the Buyer's request, the Operator is obliged to provide the Buyer with a guarantee certificate. If the nature of the Goods allows it, it is sufficient to issue a proof of purchase of the Goods to the Consumer, instead of a guarantee certificate, - an Invoice containing the information which a guarantee certificate must include.
6.9 Warranty claims, including the Goods defects elimination, must be settled without an undue delay, no later than 30 days from the date of the complaint registration, unless the Operator and the Consumer agree on a longer time period. After this period, the Consumer has the same rights as if there was a serious breach of the Contract.
6.10 If the Operator has not received all the documents necessary for settling of the given complaint from the Consumer, the period of time for processing the complaint does not start and will not start unless the required documents are submitted.
6.11 After proper handling of the complaint, the Operator or the entity designated by him, shall invite the Consumer to pick up the repaired Goods, or it will be sent to him via the shipping company at the Operator's expense.
6.12 The right to exercise rights from defects of the Goods expires in case of unprofessional installation or putting Goods into operation unprofessionally, as well as with unprofessional handling of it, i.e. especially when using the Goods in conditions that do not correspond to the parameters specified in the documentation referring to the Goods.
7 Alternative Dispute Resolutions
7.1 If the customer is not satisfied with the manner in which the seller has handled his complaint or believes that the seller has violated his rights, the customer has the right to turn to the seller with a request for redress. If the seller or designated person authorized to assess defects responds, along with the previous sentence, to the customer's request negatively or does not respond to such a request within 30 days from the day the customer sent it, the customer has the right to file an alternative dispute resolution under § 12 of Act no.391/2015 Coll. On Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts, as amended. The relevant subject for alternative resolution of consumer disputes with the seller is the Slovak Trade Inspection or another relevant authorized legal entity entered in the list of subjects for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/); the customer has the right to choose which of the listed subjects of alternative dispute resolution to turn to.
7.2 The consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative dispute resolution proposal.
7.3 Alternative dispute resolution can only be used by the Consumer - a natural person who does not act within the scope of their business activity, employment or profession when concluding and fulfilling a consumer contract. Alternative dispute resolution refers only to a dispute between the Consumer and the Seller, arising from a consumer contract or relating to a consumer contract. Alternative dispute resolution appertains only to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed the amount of EUR 20. The Alternative dispute resolution entity may require the Consumer to pay a fee for initiating an alternative dispute resolution up to a maximum of EUR 5 including VAT.
8 Personal Data Protection
8.1 When processing personal data, the Operator shall proceed in accordance with Regulation 2016/679 of the European Parliament and of the EU Council from April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC. ) and Act no. 18/2018 Coll. on Personal Data Protection and on amending and supplementing certain acts.
8.2 The Operator undertakes that the data provided by the buyer are used exclusively for the needs of the Seller relating to the fulfillment of obligations arising from the sales contract. This data will not be provided further to third parties nor used otherwise commercially. An exception is made in commercial carriers to whom personal data are provided for the purpose of fulfilling the order, meaning delivery of goods to the buyer.
8.3 Pursuant to § 62 (3) of Act no. 351/2011 Coll. On electronic communications the prior consent of the recipient of electronic mail is not required in the case of direct marketing of own similar goods and services of a person whose contact information for delivery of electronic mail the same person obtained in connection with the sale of goods or services and in accordance with this Act or with a special regulation. The recipient of the e-mail must be given the opportunity, to simply and free of charge, at any time refuse such use of the contact information at the time of obtaining it and with each received message, if he has previously not refused such use.
8.4 At the request and upon the written or telephone request of the Buyer, without giving reasons, the Operator undertakes to anytime delete the buyer's personal data from his database.
8.5 The concluded contract is archived by the seller and is available to the buyer after logging in to the e-shop www.brubi.eu in the "My orders" section.
9.1 The Operator hereby informs the User that he processes the User's cookies, including persistent cookies, and the User agrees to this.
9.2 Consent under the previous paragraph is granted for an indefinite period.
9.3 The Operator processes the User's cookies to personalize content and advertisements, to use social media functions and for traffic analytics. The Operator shares the information on how he uses the User's E-shop with his partners operating in the field of social media, advertising and analytics.
10 Using the E-shop
10.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner anticipated in these Business Conditions.
10.2 The Operator has the right to change the E-shop, that is its technical solution and user interface.
10.3 The Operator has the right to limit or interrupt the functionality of the E-shop or the access to it for the time necessary due to maintenance or repairs of the E-shop.
10.4 The user is obliged to comply with the valid and effective legal regulations of the Slovak Republic and the European Community when using the E-shop. The User is obliged to fully compensate for any damage that would occur to the Operator or third parties by User's breach of this obligation.
10.5 In the event of a breach of these Business Terms and Conditions or the Sales contract or of the valid and effective legal regulations, the Operator has the right to cancel the User Account or withdraw from the Sales contract.
11 Operator Declarations
11.1 The Operator declares that the records of the data in the E-shop, as an electronic system, are reliable and are carried out systematically and are protected against changes.
11.2 Due to a technical error in the E-shop, the purchase price of the Goods may be displayed in an amount that does not correspond to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods for the displayed purchase price, he will contact the User and notify him of the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods for the actual purchase price and if he does not accept, the Sales contract shall be canceled from the outset.
11.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may have a distorting impression due to their conversion into the User's technical means and its display there, therefore the User is obliged to always get acquainted with the full description of the Goods and in case of ambiguity contact the Operator.
11.4 Operator's Contact details for communication with User are listed in the User interface of the E-shop in the section
12 Final provisions
12.1 Relationships not regulated by these Business and Complaint Conditions are subject to the relevant provisions of the Civil Code, Act no. 22/2004 Coll. on electronic commerce and on the amendment of Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain acts as amended by Act no. 284/2002 Coll., as amended, and Act no. 102/2014 Coll. on the protection of consumers in respect of distance selling.
12.2 The supervisory authority is SOI Inspectorate (Slovak Trade Inspection) for the Banská Bystrica Region, Dolná 46, 974 00 Banská Bystrica 1, Slovak Republic.
12.3 The Consumer has the option to contact the consumer disputes alternative resolution body, which is (albeit only non-binding) authorized to assess possible disputes between the Consumer as an E-shop customer and the E-shop Operator.
12.4 These business and complaint conditions become effective upon their publication.
13 Governing Law
13.1 These Business Terms and Conditions, as well as the Sales contract, are governed by the law of the Slovak Republic.
14.1 These Terms and Conditions are effective from 1.1.2020