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The present General Terms and Conditions (hereinafter: „GTC”) regulates the rights and obligations of the buyer and the seller – the following company:
DORIMWEB s.r.o.
located: K. Thalyho 18, Komárno 945 01
Company registration number: 54 556 074
Tax number: SK2121714771
registered in the Commercial Register of the District Court of Nitra, Section: Sro,
Insert No.: 57184/N
phone number: 0911859997
e-mail: vapezone.sk@gmail.com
(Hereinafter: „company”) in case of concluding sales contracts on the Internet, through the online store on the website of www.vapezone.sk.
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Supervisory authority of the company:
Slovak Trade Inspection
The Inspectorate of the Slovak Trade Inspection for the region of Nitra
Staničná 9, P. O. BOX 49A, 950 50 Nitra 1
Surveillance Authority
nr@soi.sk
phone number: 037/772 02 16, fax number: 037/772 00 24
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CONCLUSION OF SALES CONTRACTS
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The conclusion of the sales contract, on the basis of which the company delivers the ordered goods to the customer (hereinafter: "sales contract") is based on the draft sales contact and the acceptance of the draft sales contract by the company.
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The draft sales contract is the order (hereinafter: "order") addressed to the company by the ordering party. The order can be made through the user account created or without registration by filling out the order form/invoicing data on the www.vapezone.sk website and sending it back through the website.
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On the electronic cigarette website of www.vapezone.sk purchase can be made only by people over the age of 18 who provide valid data about themselves during the placement of an order, accept the business regulations, the general terms and conditions and consider them binding. By placing an order, the customer declares that he/she understands and accepts the following: Our electronic cigarette products cannot be used by minors under the age of eighteen, pregnant women, those allergic to Propylene Glycol (PG) and patients with cardiovascular disease or diabetes.
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In addition, the order includes the following items:
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a statement declaring that the buyer is familiar with the present GTC (including the conditions for withdrawal from the contract, alternative dispute resolution and complaints policy), which are indispensable parts of the sales contract, and fully agrees with this,
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a statement declaring that the buyer is familiar with the principles of personal data protection.
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Confirmation of the order means the acceptance of the draft sales contract. Confirmation of the order is a timely written statement sent to the buyer by the company via email, in which the company confirms the acceptance of the buyer’s order. Confirmation of the order comes into effect at the moment when it is delivered to the customer’s email address, indicated in the order form.
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The sales contract is concluded at the moment when the order confirmation comes into effect, i.e. the order confirmation is delivered to the buyer’s e-mail address, indicated in the order form. The sales contract concluded is subject to the company's obligation to deliver the ordered goods to the buyer to a specified destination, and the buyer's obligation is to take over the goods at an agreed time and place and to pay the purchase price and delivery charges.
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Any modification of the order after the conclusion of the sales contract is a draft modification of the content of the sales contract, and is possible only after a mutual agreement between the company and the buyer.
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PURCHASE PRICE
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The purchase price of the product is indicated in the current offer, the order and the confirmation of the order. The company is not paying VAT, the price is indicated in EUR.
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The purchase price of the product does not include delivery charges from the company’s warehouse to the place of destination; this charge will be invoiced separately to the buyer according to the method of delivery to the place of destination chosen by the buyer.
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After the conclusion of the sales contact, the buyer undertakes to pay the purchase price to the company in one of the following ways, from which the buyer can choose during the placement of an order:
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in cash at personal takeover
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payment upon delivery (to the courier)
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by bank transfer to account
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The buyer’s obligation to pay the purchase price is fulfilled at the moment when the buyer:
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hands over the purchase price in case of personal takeover,
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hands over the purchase price to the courier,
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the funds (purchase price) are credited to the company’s bank account.
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The buyer acquires ownership of the goods upon full payment of the purchase price.
- All discounts are subject to availability, unless otherwise stated for a specific product.
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TIME OF DELIVERY
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The delivery time within which the company is obligated to deliver the goods to the buyer depends on the availability of the goods in the company’s or the supplier’s warehouse.
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Delivery times can vary according to the method of delivery to the given place of destination.
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If the company acknowledges that the goods on the order are unavailable, even though the supplier has provided other information, the company will immediately notify the buyer and offer the possibility of distributing or cancelling the order. If the buyer has already conducted a payment, the company will refund the amount paid for the goods already sold out.
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PLACE OF DESTINATION
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The place of destination is the address that the buyer has specified in the order as the address and/or place of delivery, and the company has acknowledged as the place of destination in the order confirmation.
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METHOD OF DELIVERY OF GOODS TO THE PLACE OF DESTINATION
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The methods of delivery of the goods to the place of destination are the following:
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Delivery by courier
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Personal takeover
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Information on the price and the usual time of delivery to the given address always depends on the actual method of delivery of goods.
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DELIVERY OF GOODS
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The company’s obligation to deliver the goods is fulfilled when it hands over the ordered goods to the buyer or the person entitled to receive them at the place of destination. The buyer must confirm the delivery and handover of the goods in a manner determined by the courier service. According to clause 3.3 of the given GTC, in case of choosing payment upon delivery, the buyer pays the purchase price directly to the carrier/courier service. The service in question may be subject to a certain fee, which the buyer gets informed about together with the exact amount of the fee before acknowledging the order binding. After the delivery of the goods, the buyer gets an accounting document, an invoice, which also serves as a document of guarantee.
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The moment the buyer or a third person authorised by the buyer takes delivery of goods from the seller or the seller’s agent appointed to deliver the goods, or, if the buyer fails to do so in time, the moment the seller allows the buyer to handle the goods and the buyer does not take over the goods, the risk of damage to the goods passes to the buyer.
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The obligation of the company to deliver the goods shall be considered as fulfilled at the moment when the company was ready to hand over the goods to the buyer at the agreed place and time, and if it enabled the buyer to take delivery of goods but the buyer did not take delivery for reasons beyond the company’s control.
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If the buyer does not take delivery of goods and the goods are returned to the company, the company is entitled to withdraw from the sales contract and request from the buyer the reimbursement of the transport and packaging costs related to the failed delivery of the goods.
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WITHDRAWAL FROM THE CONTRACT
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Until the order has not been issued to the customer, the customer may cancel the order by email. In case of order cancellation, the company will not charge any fines or other fees.
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The Tt. 102/2014 Act on the protection of consumers in the sale of goods under distance contracts or under contracts concluded away from the seller's business premises and amending and supplementing certain Acts (hereinafter referred to as the "Act on the protection of consumers in distance sales"), the buyer as a consumer has the right to withdraw from the sales contract without giving any reason within 14 days of the date of taking the delivery of the goods by the buyer or the person acting on his/her behalf.
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The cancellation of the order and the withdrawal from the contract must include the buyer’s first name and last name, the email address, order number, description of the goods and the bank account number for refunding the payment. For maintaining legal certainty and justifying the cancellation of the order and the withdrawal from the contract, the company recommends for the buyer to send the cancellation of the order or withdrawal from the contract in writing to the following address: vapezone.sk@gmail.com
Withdrawal form: Download
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n case of withdrawal from the contract via email, the company must send an email to the buyer confirming the acceptance of withdrawal.
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The deadline of withdrawal from the contract shall be considered to be complied with if the notice of withdrawal from the contract has been sent to the company no later than the last day of the period for withdrawal from the contract. The buyer’s withdrawal from the contract terminates the contract from the beginning.
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After withdrawal from the contract, the company is obligated to:
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It is recommended to send the goods by registered post. Do not send the goods with collect on delivery (COD) as the company will not accept a package sent with COD. The return package should also include a copy of the tax document sent together with the goods and a copy of the receipt from the courier.
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Return to the buyer without undue delay, but not later than 14 working days from the date of delivery of the notice of withdrawal from the contract, all payments received from the buyer under or in connection with the contract.
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The company reserves the right to withhold the return of the purchase price until the goods have been returned by the buyer, or until proof of dispatch of the goods to the company has been provided. In case of returning damaged goods and/or goods the value of which has been reduced as a result of treatment unnecessary for identifying the characteristics or functionality of the product, the company will return a purchase price reduced as a compensation for the damage caused. The company's claim for compensation ceases when it is set off against the buyer's claim for repayment of the purchase price. The purchase price or the remaining part thereof, after deduction of compensation, shall be refunded by the company to the buyer in the same manner as paid by the buyer, unless the company agrees with the buyer on another method of refunding the payment, without any additional charges being invoiced to the buyer.
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The buyer must return the goods or hand them over to the company within 14 days of the date of withdrawal from the contract at the latest. The deadline in the first sentence shall be deemed to be complied with if the goods have been handed over for delivery on the last day of the time limit at the latest.
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Pursuant to Article 7.§ (6) of the Act on the protection of consumers in distance sales, the buyer may not withdraw from a contract which is subject to:
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the sale of goods made for the special request of a customer, made-to-measure goods or goods ordered specifically for a customer,
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the sale of goods sealed in protective packaging which cannot be returned for health or hygiene reasons, and the protective packaging of which has been damaged after delivery,
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the sale of goods which, after the conclusion of the contract and the buyer’s takeover of goods from the seller, have been assembled, put together or used in such a way that their restoration to their original condition is not possible without increased effort and expense.
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pay particular attention to the proper use of the goods as the customer is liable for paying compensation in case of damages resulting from improper use. For hygiene reasons, we are not able to take back products that have been opened and used, or are presumed to have been used.
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when taking over returned products, we make a video in order to assure that we receive the packages unopened.
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The company may witdraw from the sales contract mainly because of the following reasons:
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if the buyer does not collect the ordered goods from the courier service at the agreed time for reasons beyond the company's control,
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if the buyer does not collect the goods in case of personal takeover,
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if the company is unable to deliver the goods, despite all reasonable efforts, mainly because the goods are out of stock, no longer manufactured or no longer supplied and the company is unable to obtain them by other means,
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if the price at which the company buys the goods has changed significantly.
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The company’s withdrawal from the contract shall take effect on the day when the withdrawal is delievered to the buyer, for which the delivery via email is sufficient.
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However, the company's withdrawal from the contract does not affect the company's claim for damages, which is mainly related to the company's futile attempt to deliver the goods to the buyer.
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FINAL PROVISIONS
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The present terms and conditions and the complaints policy shall enter into force vis-à-vis the buyer upon conclusion of the sales contract.
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Indispensable parts of the present GTC are the following:
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Protection of personal data
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Complaints policy
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Information about alternative dispute resolution
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Sample form for withdrawal from the contract
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Any modification of the present GTC shall enter into force on the day of its publication on the following website: www.vapezone.sk
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The legal relations established by the sales contract will be governed by the provisions of the sales contract (i.e. the content of the order and the order confirmation), the provisions of the present GTC, the relevant provisions of the Civil Code, the provisions of Act No. 250/2007 Coll. on consumer protection, the provisions of the Act on electronic commerce and the provisions of Act No. 128/2002 on the state control of the internal market concerning consumer protection, the provisions of Act No. 22/2004 Coll. on the amendment and supplementation of the Act on the amendment and supplementation of certain Acts, which is in force in the same structure as Act No. 284/2002 Coll. and subsequent provisions, and Act No. 102/2014, as well as the dispositive provisions of generally binding legislation, and the provisions of the present GTC shall prevail over the dispositive provisions of generally binding legislation.
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If any provision of the present GTC is or becomes invalid, ineffective and/or unenforceable, this shall not affect the validity, effectiveness and/or enforceability of the remaining provisions of the GTC, unless the nature of such provision precludes this under the relevant legislation.
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The parties undertake to replace, without undue delay, after having established that a provision of the sales contract or of these GCSF is invalid, ineffective and/or unenforceable, the provision concerned by a new provision the content of which corresponds to the purpose of the original provision as closely as possible.
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If the buyer is not a consumer, but e.g. an entrepreneur or a commercial company, the relevant provisions of the Commercial Code will apply to this legal relationship and the provisions ensuring consumer protection will not apply.
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date of issue: 06 July 2022
DORIMWEB s.r.o.