Trading Terms and Conditions

Article I.

Term definitions

  1. The operator of the website (e-shop) is B.M. Kávoviny, s.r.o. based in Bratislavská cesta 807/10, 926 01 Sereď.
  2. The seller is B.M. Kávoviny, s.r.o. based in Bratislavská cesta 807/10, 926 01 Sereď.
  3. The supplier of goods and services offered on the e-shop www.kavoviny.sk is B.M. Kávoviny, s.r.o. based in Bratislavská cesta 807/10, 926 01 Sereď.
  4. Buyer is every e-shop visitor who has made an order via the e-shop. For the purposes of Act No. 102/2014 Coll. as consumer is considered a natural person who by making and fulfilling a consumer contract, does not act within the object of his business activities, employment or profession.
  5. E-shop is a computer system located in the Internet with public access that allows ordering of goods or services.
  6. Under goods or services we understand all products published on the e-shop website.
  7. An order is created by confirming the ordering process on the e-shop by selecting goods or services by the buyer, including a complete fulfilment of the order form.
  8. The buyer fully acknowledges the electronic communication mainly through e-shop, e-mail as well as a telephone communication.

Article II.

Price

  1. All prices of goods are final including 20% VAT.
  2. The seller is bound by the price that is stated on the e-shop page at the moment of making the purchase.

Article III.

Order

  1. The order is created when the ordering process in e-shop is confirmed by the choice of the goods or of the services and by complete fulfilment of the order form. It is needed to fulfil required data and to choose the transport options and payment options for the ordered goods or services so that the order would be settled correctly.
  2. By placing the order, the customer agree with the price of the ordered goods and services and the order becomes binding for the consumer.
  3. When the order is confirmed by the seller, the sale contract is created and it is possible to change, to cancel or to refill this contract only on the basis of the mutual agreement between the customer and the seller, unless otherwise provided in another law or legal regulation. The order is confirmed by the seller, when the goods is sent.
  4. After making the order, the customer automatically receives a generated e-mail with the confirmation of receiving the order by e-shop. This e-mail is not a confirmation in terms of the paragraph 3 of this article.
  5. By placing the order, the customer is bound to pay the sale price of the ordered goods.
  6. If the seller is not able to meet the order or its part within the period for settlement of the order despite doing the utmost, for example because the goods is not being manufactured,  is not available at manufacturer or at the external store of the supplier, the manufacturer made such significant changes because of which it is not possible to settle the order or by reasons of force majeure, he may cancel the order and he informs the customer about it via e-mail. The seller has also the right to cancel the order if the customer stated untrue or confusing data which cannot be verified, for example wrong e-mail address or telephone contact. If the customer payed the deposit, the seller is obligated to reimburse it within the period of 14 days.
  7. In the case that it is not possible to make the order online, it is possible to make it by sending an e-mail to: expedicia.kavoviny@gmail.com

 

Article IV.

Payment terms and conditions

  1. The payment options for the goods or services in e-shop are:
    1. paymant based on pro forma invoice – in advance, goods will be shipped after receiving the payment on our account
    2. cash on Delivery
    3. cash payment by taking over of the goods in person

2. Supplementary charges for each paymant options are listed in Art. VI. of these General   
    Trading Terms and Conditions.

 

Article V

Terms of delivery

  1. The seller shall send the goods to the customer within the period of 2 days from making an order, unless otherwise agreed between them or unless longer delivery period of the goods is stated.
  2. If the goods is available, it is shipped in the shortest possible period according to the capacity.
  3. If the order includes more articles and services and part of them is not available, the seller informs the customer about the possibility of partial deliveries.
  4. The bill (tax document), the manual and other documents belonging to the goods or to the service from the manufacturer are sent together with the goods.
  5. The place of performance is the place where the goods is delivered to.
  6. The seller carries out the transport to the customer via Slovenská pošta based in Slovenská pošta a. s., Partizánska cesta 9, 975 99 Banská Bystrica 1 or the customer takes over of the goods in person at the address: B.M. Kávoviny, s. r. o. based in Bratislavká cesta 807/10 926 01 Sereď at the department “Expedition” between 8.00 a.m. to 14.00 p.m.

Article VI

Fees for transport, packing and payment options

  1. When the payment is made in advance and based on the pro forma invoice or via payment gateways, we charge for the transport:
    1. Transport via Slovenská pošta with 2-days delivery period after shipping from our store on a specific address with the weight up to 4.3 kg – 3.90€
    2. Transport via Slovenská pošta with 2-days delivery period after shipping from our store to the post office with the weight up to 4.3 kg – 2.70€
    3. Transport via Slovenská pošta with 2-days delivery period after shipping from our store on a specific address with the weight up to 8.6 kg – 4.90€
    4. Transport via Slovenská pošta with 2-days delivery period after shipping from our store to the post office with the weight up to 8.6 kg – 3.70€
    5. Transport via courier of Slovenská pošta with the delivery on the following workday after shipping from our store on a specific address and with the weight up to 4.3 kg – 6,30€
    6. Transport via courier of Slovenská pošta with the delivery on the following workday after shipping from our store on the a address and with the weight up to 8.6 kg – 6.60€
    7. Transport via courier of Slovenská pošta with the delivery on the following workday after shipping from our store on a specific address and with the weight up to 17 kg – 7.50€
    8. Supplementary charge for the cash on delivery is 0.60€
  2. The abovementioned prices apply to delivery on the territory of Slovak Republic. For the delivery of products in other states, the price is defined individually according to the price list of Slovenská pošta.
  3. It is possible to make an agreement between the seller and the customer about other than standard (abovementioned) process of sending the goods or services and also about the prices for these services.
  4. The seller may send to the customer the goods which is immediately available and to deliver the rest of the order subsequently in the statutory period, but provided that the customer will not pay any additional postal charges except the one included in the order.

Article VII

Transfer of the proprietary right

  1. The proprietary right passes from the seller on the customer in the moment of the payment of the full price for the subject of the sale contract.
  2. If the customer makes a complaint, the seller reserves the right to settle the goods or services to which the proprietary right of the seller applies only when the subject of the sale contract is paid completely.

 

Article VIII

Cancellation of the sale contract

  1. The customer has the right to cancel the ordered goods or service within 24 hours from the inception of the contract without the cancellation fee for the goods which is custom made, according to the specific requirements of the consumer or manufactured specially for one consumer.

 

 

 

Article IX

The consumer’s right to return the goods without justification and the awareness of the consumer

  1. Based on the Act No. 102/2014 Coll. on the consumer protection in selling the goods or providing services on the basis of the distance or off-premises contract and on amending and supplementing certain acts (hereinafter “Law”) under the provisions of §7 and following, the consumer has the right to withdraw from the sale contract within the period of 14 days from taking over the goods. If the delivery of the goods is the subject of the sale contract, the consumer has the right to withdraw from the contract even before the delivery of the goods.
  2. If the consumer wants to enjoy this right, he shall deliver in person the written withdrawal from the sale contract at the contact address of the seller no later than the last day of the given period or to deliver the withdrawal at the postal traffic no later than the last day of the given period at the address stated in the contacts. After the notification of the withdrawal from the contract, the consumer shall send or deliver in person the subject of the contract which he is withdrawing from along with all the documents – e.g. the original bill, the manual and other documents belonging to the goods, which he received along with the goods, no later than 14 days from the day of withdrawal (§10 paragraph 1 of the Act). We recommend the customers to make a copy of the bill for their personal need and to send the goods by recorded delivery and as insured item. For the withdrawal from the contract, you may use the following form: Odstúpenia od kúpnej zmluvy in which it is needed to provide at least data marked with “ * ” – the asterisk. (http://www.nakupujbezpecne.sk/docs/form/odstupenie%20od%20zmluvy.pdf).
  3. Do not send us the goods as cash on delivery, such goods will not be taken over.
  4. The e-shop operator reimburses the paid transactions for the goods/services including the costs for the transport (in terms of the provision of §9 paragraph 3) of the Act No. 102/2014 Coll. and also the costs demonstrably incurred for ordering the goods within 14 days from the day of delivery of the withdrawal from the contract. However, he does not have to reimburse if the goods is delivered to him or if the consumer does not prove  the sending of the goods, this does not apply in case that the seller proposed that he would take over the goods on his own.
  5. The consumer bears the costs incurred for returning the goods.
  6. The right for withdrawal from the contract does not apply to the goods or services which are defined in §7 paragraph 6 point a) to l) of the Act No. 102/2014. Coll.
  7. The consumer bears any decrease of the quality of the goods, which was caused by using it beyond what is necessary to determine the functionality and properties of the goods.
  8.  

Given the character of the products, we ask the customers to return the goods unpacked if they want to enjoy the right for the withdrawal from the contract.

 

Article X

Rights and obligations of the parties

  1. The seller and the customer are considered as the parties.
  2. The customer shall:
    1. take over the ordered goods,
    2. pay the agreed amount of money to the seller for the goods,
    3. recheck the integrity of the packaging or rather the goods itself when taking over the goods.
  3. The seller shall:
    1. deliver to the customer the goods in desired quality, quantity and for the agreed price,
    2. send the customer all documents belonging to the goods, for example the bill, the complaint form, operating instructions in codified form of Slovak language, together with the goods or subsequently.

 

Article XI

  •  
  • Personal data are processed in accordance with the Act No. 18/2018 Coll. on data protection as amended.
  • The operator does not provide the personal data of the customer to the third party except to the chosen shipping company which arranges the delivery of the goods or services or to the state authority in case of the inspection or to the intermediary on the basis of the mutual agreement made according to the Act No. 18/2018 Coll.
  • The operator is obliged to secure the personal data from making available for unauthorised persons by taking suitable technical and organizational measures. Also, the employees of the operator are obliged to guarantee the secrecy with regard to the personal data.
  • The data subject has the rights defined in terms of provisions of § 19 and following of the Act No. 18/2018 Coll. on data protection as amended by the amendment to the act, specifically:
    1. The right to information, which is performed by this content and commercial terms,
    2. The right to request the access to the personal data concerning the data subject – § 21 of the Act consists in the right to request in which way and for what purposes your data are processed, in which case you may address this request to the contact e-mail,
    3. The right to rectification of the personal data - § 22 of the Act enables you to rectify your outdated personal data,
    4. The right to erasure of personal data - § 23 of the Act you may enjoy in the case that you do not wish the operator to process your personal data no more,
    5. The right to restriction of processing personal data - § 24 of the Act you may exercise in the case that you assume that the personal data were processed unlawfully,
    6. The right to object the processing of the personal data - § 27 of the Act,
    7. The right to data portability,
    8. The right to lodge a complaint to the supervisory authority related to the processed personal data
  • The operator receives from the customer the following data: title, name, surname, address, address of delivery, billing address, phone number, e-mail address, which are processed for the purpose of a correct settlement of your order. These personal data are preserved for 10 years for archiving purposes. The personal data are processed with the settlement of the order with the purpose of the issuance of the invoice, of the issuance of the stock list (delivery note), of providing the transport as well as of the accounting treatments in the accounts.
  • These pages record your IP address, information about how long you are browsing these pages and information about from what pages did you get to this one. Cookies are text files which are stored in your computer and are also used for measuring the attendance of the webpage and for customizing the page view and thanks to these files we are able to offer you the more quality one. For this reason, we consider these files as our legitimate interest. Some of the cookies files are files of the third parties, e.g. YouTube, Google and et cetera.
  • You may delete the cookies files at any time or you may set the collection of cookies in the setting of the browser. If you want to refuse collecting the cookies files, set it in your browser.

Article XII

Compensation in the case of not taking over the goods

  1. The seller has the right for the compensation (in terms of the provision of § 420 and following of the Civil Code), in the case that the customer ordered the goods which he did not cancel or he did not withdraw from the contract and simultaneously he did not take over this goods from the shipper or in the case that the customer chose the collection of the goods in person and after the seller’s appeal he did not take over it in the collection time-limit. When acting like this, the customer violates his obligation stated in the article X, point 2 a), according to which the customer is obliged to take over the ordered goods.
  2. In determining the amount of the compensation, the seller takes into consideration primarily the costs for the transport and the associated fees in case of sending the goods, plus he takes into consideration the fees associated with the packaging, dispatching and administration of the order as well as other costs which incurred by   the realization of the given order and he may charge also lost profits.
  3. The seller has also the right not to enjoy the right for the compensation or to enjoy this right only to a certain extent.
  4. In the case that the customer made in the past the order which he did not take over, the seller reserves the right to settle the next orders only under the condition that the customer pays for the ordered goods in advance by transfer on account.

 

Article XIII

Final provisions

  1. The seller reserves the right to alter and amend these general trading terms and the claim conditions even without prior warning of the customer. In the case of changes in general trading terms or of claim conditions, the whole purchase process is regulated by those general trading terms which were valid in the moment of sending the order to customers and these are available on the webpage of the seller.
  2. Claim conditions are inseparable part of these general commercial terms.
  3. When sending the order, the customer has read the general trading terms as well as claim conditions.
  4. These terms were developed within the project of e-shop certification nakupujbezpecne.sk
  5. These general trading terms and claim conditions are available for the inspection by the customer in the seat of the company and are also published on the webpage of the e-shop.
  6. If the consumer is not satisfied with the way the seller settled his complaint or if he assumes that the seller violated his rights, he has the possibility to contact the seller and require the remedy. If the seller rejects the request for the remedy or if he does not answer within 30 days from the day of sending the request, the consumer has the right, in terms of § 12 of the Act No. 391/2015 Coll. about the alternative consumer dispute resolution and on amending and supplementing certain acts, to submit a proposal to initiate the alternative dispute resolution. The competent body for the alternative consumer dispute resolutions with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or another competent authorised legal entity registered in the list of bodies for alternative dispute resolution by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s). The consumer has the right to choose which body for the alternative consumer dispute resolution he will contact. When submitting the proposal for the alternative resolution of his dispute, the consumer may use the on-line platform for dispute resolution, which is available on http://ec.europa.eu/consumers/odr/. Information about the fees for the proposal can be found on the webpages of the given body for alternative dispute resolution.
  7. Relationships otherwise not provided for in these general trading terms as well as in inseparable parts (annexes) are governed by the relevant provisions, particularly by the provisions of the Act No. 40/1964 Coll., Act No. 250/2007 Coll., Act No. 102/2014 Coll., Act No. 122/2013 Coll, Act No. 22/2004 Coll. as well as of the Act No. 513/1991 Coll.
  8. These general trading terms with their inseparable parts come into force on May 1, 2017.