GENERAL TERMS AND CONDITIONS OF BERNDORF SANDRIK s.r.o.
I. Introductory provisions
1.1 The Seller is Berndorf Sandrik s.r.o., with registered office at Bystrická 1571, 966 81 Žarnovica, ID No.: 36 639 893, registered in the Commercial Register of the District Court of Banská Bystrica, Section: Sro, Insert No.: 10654/S (hereinafter referred to as the "Seller").
1.2. The Buyer is every visitor of the Seller's e-shop at www.berndorf.sk who has placed an order through the e-shop (hereinafter referred to as the "Buyer").
1.3. The e-shop is a computer system located on the Internet network with public access, which allows ordering goods or services.
1.4. Purchase contract means a contract between the Seller and the Buyer, the subject of which is the purchase of products offered by the Seller on the Seller's website www.berndorf.sk (hereinafter referred to as the "Goods"), concluded in the manner provided for in Article II. General Terms and Conditions.
1.5. These General Terms and Conditions shall govern the legal relations between the Seller and the Buyer arising from the purchase of the aforementioned goods.
1.6. For the purposes of Act No. 102/2014 Coll., a consumer shall be understood as a natural or legal person who does not purchase goods for the purpose of selling them to other persons, for the purpose of business or employment or profession. The Buyer, who is a person purchasing goods for the purpose of business and not for the purpose of personal consumption of natural persons, shall not be subject to the provisions of Article VI. "Warranty and Service" and Article VII. "Return of Goods - Withdrawal from the Contract" of the General Terms and Conditions and the provisions of the Complaints Procedure. Liability for defects in the goods in this case is governed by the provisions of Art. 422 et seq. Of the Commercial Code.
1.7. The Buyer fully acknowledges electronic communication, in particular via e-shop, e-mail communication as well as telephone communication.
II. Method of ordering goods and conclusion of the purchase contract
2.1 The Buyer shall order the goods by means of a completed electronic order form provided on the Seller's website (hereinafter referred to as the "order") in the manner specified in the following provisions of this Article of the General Terms and Conditions.
2.2. The Buyer shall fill in all the required data specified in the Order Form. Before the final dispatch of the order, the Buyer has the opportunity to check the order and the data entered. Changing the completed data is possible using the "Back" button, which returns the Buyer to the previous steps. The Buyer confirms the order with the "Order" button. The order shall be deemed to have been sent if it is received by the Seller and contains all the required data, i.e. the delivery and billing address with all the data required in the order form, e-mail and telephone contact details of the Customer, the name of the goods ordered, the quantity and also the time and method of delivery. The sent order constitutes a proposal for the conclusion of a purchase contract by the Buyer.
2.3. The Buyer is bound by the order sent and may only revoke it if such revocation reaches the Seller before the Seller sends the order acceptance e-mail to the Buyer.
2.4. The Seller shall send an e-mail to the Buyer's e-mail address specified in the order with the Buyer's order acceptance (hereinafter referred to as "acceptance").
2.5. The Purchase Contract is concluded upon delivery of the Seller's Acceptance to the Buyer.
2.6. The Seller is always entitled, depending on the nature of the Buyer's order- the quantity of the goods, the amount of the purchase price, the cost of transportation, the distance, etc., to require the Buyer to authorize (further confirm) the order in an appropriate manner, such as in writing or by telephone. In the event that the Buyer fails to make such authorisation (further confirmation) in the required manner within the period specified by the Seller, the Purchase Contract shall be cancelled from the outset upon the expiry of this period. The contracting parties are obliged to deliver to each other everything that they have performed up to the moment of cancellation of the contract.
2.7. The Seller reserves the right not to send an acceptance to the Buyer in the event of an obvious typographical error concerning the price, description or image of the goods in the catalogue of goods listed on the Seller's website. The Seller also reserves the right to cancel an order in the event of an obvious typographical error relating to the price or description of the product in the catalogue of goods. The Buyer will be informed about the cancellation of the order due to an obvious printing error by phone or email, which the Seller has indicated when filling in the electronic order form.
iII. Price and payment terms
3.1. The Buyer is obliged to pay the purchase price for the goods whose order has been accepted by the Seller in due and timely manner according to point 3.2. of the General Terms and Conditions valid at the time of sending the order to the Seller.
3.2. The purchase price for the Goods shall be the price indicated on the Seller's website www.berndorf.sk, at the time of sending the Buyer's order to the Seller. The purchase price is inclusive of VAT.
3.3. The Purchase Price shall be paid by the Buyer according to the chosen method of payment specified in the order.
Overview of possible payment methods and their prices:
a) on delivery - in cash or by credit card if the conditions of the forwarding company allow it upon receipt of the goods in - €.
b) by bank transfer on the basis of the confirmation issued by the Seller - "acceptance" of the Buyer's order, received by the Buyer to the email specified in the order, or the issued advance invoice in case the Buyer requests this advance invoice in - €.
c) payment by credit card, -€
3.4. The invoice for the purchase price issued by the Seller, will be sent to the Buyer exclusively to the email specified in the order on the day of dispatch of the goods. This Invoice serves both as a tax document with the quantified value of the purchase price and VAT, but also as a delivery note. The Seller reserves the right to be obliged to send the Invoice to the Buyer's email on a day other than the day of dispatch of the goods, if the circumstances of preparation and dispatch of the goods generally so require, for example, a day off work.
3.5. The purchase price pursuant to clause 3.2 of the General Terms and Conditions does not include the cost of transport of the purchased goods. Information on the price conditions for the transport of the goods is provided in Article V - Terms of delivery of the goods of the General Terms and Conditions.
3.6. In the event that the Buyer makes payment of the purchase price in advance and the Seller is unable to arrange delivery of the goods, the Seller shall refund the purchase price paid to the Buyer within 15 days of notification of the Buyer's decision, to the Buyer's account, which shall be sent by email to berndorf@berndorf.sk.
IV. Delivery period
4.1. The Goods shall be delivered to the Buyer within 3 days of receipt of the order. Only working days shall be included in this period.
4.2. The delivery period shall begin on the day of conclusion of the purchase contract pursuant to Article II for goods the purchase price of which shall be paid by the Buyer upon receipt of the goods, i.e. on delivery. General Terms and Conditions, i.e. upon delivery of the Seller's acceptance to the Buyer. If the Buyer has chosen a payment method other than payment of the goods upon receipt, i.e. e.g. transfer of payment from account to account, the delivery period shall commence only from the full payment of the purchase price, i.e. from the crediting of the full amount of the purchase price to the Seller's account.
4.3. In the event that the ordered goods cannot be delivered within the stated deadline, the Seller shall immediately inform the Buyer of this fact, together with information on an alternative delivery date, or offer another product comparable to the original one (alternative performance). In this case, however, the Seller must obtain the Buyer's consent.
4.4. If the Seller cannot deliver the ordered goods and the Buyer and the Seller have not agreed on a substitute performance, the Seller is obliged to refund the purchase price already paid to the Buyer within 15 days from the expiry of the delivery period.
V. Terms of delivery
5.1. The Seller shall deliver the goods to the Buyer only after full payment of the purchase price, unless otherwise agreed.
5.2. Delivery options and charges for these services (applicable for the whole of the Slovak Republic):
a) Delivery to the address specified by the Buyer by courier service when collecting goods up to EUR 100,- is EUR 4,50 including VAT,
b) Delivery to the address specified by the Buyer by courier service when collecting goods over EUR 100,- is EUR 4,50 including VAT, the amount of 100,- EUR is 0 EUR including VAT,
c) Personal collection of small goods at the registered office is 0 EUR,
d) Delivery to the address designated by the Buyer by courier service to the Czech Republic is 10 EUR including VAT,
e) The price of transport to other EU countries on request.
5.3. Obligations of the Buyer upon receipt of the goods: the Buyer is obliged to accept the goods from the courier company, check the integrity of the packaging, the number of packages and in case of any defects, notify the carrier immediately, no later than within 24 hours. By signing the acceptance report, the Buyer confirms that the shipment has been received intact. The invoice, which also serves as the delivery note, is always enclosed in the consignment with the goods being transported.
VI. Warranty and service
6.1. The Seller guarantees the goods in accordance with generally binding legal regulations or for the period specified in the warranty certificate, which is however not shorter than the statutory warranty period. Unless otherwise stated in the catalogue of goods on the Seller's website www.berndorf.sk or in the enclosed warranty certificate, the warranty period for all goods shall be 24 months. The warranty period shall commence from the date of receipt of the goods by the Buyer.
6.2. The warranty shall cover manufacturing defects of the goods or other defects that have not been caused by unprofessional or careless handling, use of the goods contrary to their purpose or instructions, mechanical damage or wear and tear, natural disasters such as lightning or other atmospheric discharges, fire or water, or the action of other non-standard phenomena.
6.3:
- in person at the company's registered office
- by sending the claimed goods together with other required documents by post to the following address
seller:
Berndorf Sandrik s.r.o., ul. Bystrická no.1571, 966 81 Žarnovica
6.4. In the case of a legitimate claim, when the Buyer claims directly with the Seller, the Seller shall deliver the repaired goods to the Buyer at its own expense.
6.5. The Buyer shall enclose a legible original or a copy of the goods purchase document - invoice and a detailed description of the defect with the claimed goods. Unless the defect is permanent, the conditions under which it is manifested must be clearly stated. We recommend that the goods complained of are handed over in their original packaging (not a requirement) and must be complete, i.e. including accessories.
6.6. The complaint procedure and the method of removing defects in the goods are dealt with in the Complaints Procedure, which is an integral part of the General Terms and Conditions.
6.7. The buyer - consumer - has the right to contact the seller with a request for remedy (by e-mail toberndorf@berndorf.sk), if he is not satisfied with the manner in which the Seller has handled his complaint or if he believes that the Seller has violated his rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of sending it, the consumer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity (hereinafter ADR entity) pursuant to Act 391/2015 Coll. ADR entities are authorities and authorised legal persons pursuant to §3 of Act 391/2015 Coll. The consumer may submit a proposal in the manner determined pursuant to §12 of Act 391/2015 Coll.
6.8. The consumer may also file a complaint through the alternative dispute resolution platform RSO, which is available online athttp://ec.europa.eu/consumers/odr/index_en.htm.
6.9. Alternative dispute resolution may be used only by a consumer - a natural person who does not act within the scope of his/her business, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution applies only to a dispute between a consumer and a seller arising out of or relating to a consumer contract. Alternative dispute resolution shall apply only to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT.
VII. Return of goods - withdrawal from the contract
7.1. In accordance with the provisions of § 7 of the Act on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises (Act No. 102/2014 Coll.), the Buyer has the right to withdraw from the concluded contract without giving any reason within 14 days from the date of:
(a) receipt of the goods pursuant to Section 7(4) of Act No. 102/2014 Coll. in the case of contracts the subject matter of which is the sale of goods,
(b) conclusion of a contract for the provision of a service or
(c) conclusion of a contract for the provision of electronic content not delivered on a tangible medium,
it is necessary that the Buyer's notice of withdrawal from the contract and the purchased goods are sent to the Seller within the aforementioned period.
7.2. The Buyer is obliged, if he wishes to exercise this right, to deliver the written withdrawal from the purchase contract in person on the last day of the specified period at the latest to the contact address of the Seller: Berndorf Sandrik, s.r.o. ul. Bystrická no. 1571 , 966 81 Žarnovica during its business hours or submit this withdrawal by mail no later than on the last day of the deadline to the above-mentioned address, or such exercise of the right may also be exercised in the form of a notation on another durable medium. The Buyer is obliged to send or deliver personally to the Seller the subject of the contract from which he withdraws (goods sent on delivery will not be accepted by the Seller, but on the contrary will be returned to the Buyer at his expense), however, no later than 14 days from the date of withdrawal. If the Buyer exercises the right to return the goods, the goods must be undamaged, without signs of wear and tear and in the original packaging.
7.3. The Seller shall inspect and test the goods. If the goods have been returned undamaged and unworn, the Seller shall refund to the Buyer the purchase price paid for the goods within 14 days of the Buyer's withdrawal from the Contract, either by sending the amount paid by postal order to the Buyer's address or by bank transfer to the Buyer's account. Should the returned goods be damaged or worn in any way, the Seller reserves the right to claim compensation for damages, which it is entitled to set off against the purchase price. This does not apply if the goods have been returned because they had defects covered by the warranty.
7.4:
- The sale of goods made to the Buyer's special requirements, custom-made goods or goods intended specifically for one Buyer as well as goods pursuant to § 7 (6) (a) to (l) of Act No. 102/2014. Z.z..
7.5. In case of violation of the conditions for withdrawal from the contract or proper return of the goods, the Seller is entitled to claim compensation from the Buyer for damages incurred by the Buyer under the relevant legislation.
VIII. Final provisions
8.1. the General Terms and Conditions shall be binding from the date of their publication on the Seller's website.
8.2. the General Terms and Conditions shall be valid to the extent and in the wording in which they appear on the Seller's website on the date of the Buyer's order dispatch.
8.3 By submitting an order, the Buyer confirms to the Seller that he/she accepts the price for the ordered goods including any shipping and transport costs, the General Terms and Conditions and the Seller's Complaints Policy as in force at the moment of submitting the order.
8.4. By sending the order, the Buyer grants the Seller, in accordance with Act No. 18/2018 Coll. on the protection of personal data consent to the processing of his/her personal data specified in the order in the Seller's information system for the purpose of performance of the purchase contract concluded pursuant to the General Terms and Conditions and for the purpose of offering the Seller's services and products, sending information about the Seller's activities, including by electronic means (in particular e-mail, SMS messages, telemarketing).
8.5. We determine your satisfaction with your purchase by means of e-mail questionnaires within the framework of the Verified Customers programme, in which our e-shop is involved. These are sent to you every time you make a purchase with us, unless, pursuant to Section 62 of the Act No. 351/2011 Coll. on electronic communications, as amended, you do not refuse the sending of e-mails for direct marketing purposes. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified Customers programme is carried out on the basis of our legitimate interest, which consists in ascertaining your satisfaction with your purchase with us. For sending questionnaires, evaluating your feedback and analysing our market position, we use a processing agent, which is the operator of the Heureka.sk portal, to which we may pass information about the goods you have purchased and your e-mail address for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of e-mail questionnaires within the framework of the Verified Customers program at any time by refusing further questionnaires using the link in the e-mail with the questionnaire. If you object, we will no longer send you the questionnaire."
8.6. Buyers who purchase at least 1 Berndorf Sandrik stainless steel pot with lid between 01.07.2023 and 31.07.2023 via the www.berndorf.sk e-shop automatically become participants in the "Win a pot" competition.
