General Terms and Conditions
Business name: AVALAN s.r.o.
Registered office: Mlynské nivy 54, 821 09 Bratislava, Slovensko
Place of business: Mlynské nivy 54, 821 09 Bratislava, Slovensko
Company Reg. No.: 51748045
Company Reg. No. for VAT: SK 2120770630
I. Introductory clause
1. AVALAN s.r.o. company with its registered office at Mlynské nivy 54, 821 09 Bratislava, Slovakia, Company Reg. No.: 51748045, payer of VAT, registered in the Commercial register of the District Court in Banská Bystrica, Section: Sro, Entry No.: 34438/S (hereinafter referred to as the „Supplier, Constructor or Website operator") publishes these General Terms and Conditions of Business (hereinafter referred to as „GTC"), is the supplier and provider of services stated on the website www.avalan.eu (hereinafter referred to as „Website").
2. Supplier publishes these General Terms and Conditions of Business (hereinafter referred to as „GTC") that govern rights and obligations of Supplier and Clients during the Goods Delivery and Supplier's services providing and utilization. GTC are an integral part of any contract between Client and Supplier and are binding for each Service user and buyer. GTC are non-binding in case a separate formal agreement signed by both Supplier and Client is in place. In case a discrepancy between Supplier's GTC and Client's GTC exists, Client acknowledges that Supplier's GTC are superior.
3. These GTC are applied also in case an order is placed directly at the address of the Supplier's place of business. Any exception refers to specific provisions valid for remote signed agreements.
4. Terms of GTC usage and formation, modification and dissolution of legal relationship between Supplier and Client are defined as follows:
Buyer/ Client is any natural person or a legal person that benefits from using Supplier's services or plans to do so, or buys Supplier's goods. Buyer and Client is the same person but in a different timeframe. Buyer is a person who ordered the services or goods from the Supplier. From the moment of the Agreement creation between Buyer and Supplier, the Buyer becomes a Client.
Client – non-entrepreneur/ Consumer is a person that takes advantage of using services and goods that are bought from supplier from the position of consumer.
Client – entrepreneur is a person or a legal person that benefits from using services and goods this person is buying from the supplier for the purpose of business. A legal person whose primary objective is not its business, is for the purpose of this GTC considered as Client - entrepreneur.
Services are considered to be products offered/provided by the Supplier.
Goods are considered to be tangible products that the Supplier is capable to deliver effectively to Client.
Price of goods and service means a binding payoff which Client is mandatory to pay to the Supplier for the certain goods or service.
Website is an internet site/e-shop operated by the Supplier and provides information about goods photographs, prices, description and any additional attributes essential for conclusion of the contract of purchase.
Good's delivery means its delivery handover.
The Slovak commercial inspection (Slovenská obchodná inšpekcia) is the supervisor/watchdog with registered office on P. O. BOX 29, Prievozská 32, 827 99 Bratislava.
II. Personal data protection
1. Supplier obliges himself to personal data usage under conditions agreed with Client.
2. Clients' personal data may be used for invoice or similar accounting documents processing, for archiving purposes, for statistics related to clients' business needs, and for the purpose of claims collection.
3. Supplier reserves the right to keep Client's personal data in case of claim formation and forward it to a third party for the purpose of claims collection.
4. Client confirms the consent to the processing of personal data in advance.
5. Consent to the processing of personal data for marketing purposes is a matter of separate document.
6. Consent to the processing of personal data may be withdrawn anytime by a written notice mailed to the address of the company.
III. Conclusion, modification and termination of contract
1. A binding order may be placed without registration or with registration. Registration happens in the registration form. Successfully registered Client has an own on-line account protected by a unique login and password. Client is obliged to protect the login and password from being misused and not to disclose them to a third party. Client is responsible for his login and password being lost or misused.
2. Client makes an order of Supplier's Goods via website, in a written form (e-mail), personally or via phone call with Client.
3. Order consists of at least:
-Name, Surname or Business name of Buyer/Client and the legal form,
-Billing address or address where Client receives mail (if different from the billing address),
-Client's Company Reg. No., VAT Identification No. and/or Company Reg. No. for VAT,
-Client's contact data (phone number, e-mail),
-Sort and quantity of ordered Goods,
-Method of payment and delivery
4. Contractual relationship is established if the order has been confirmed by Supplier (via Website or article of mail or fax or e-mail or during a phone or personal interview). Service providing to the Client is also considered as an order confirmation. From the moment of order confirmation by the Supplier, the 10-day period for goods delivery has been launched (if the Good is available at the warehouse). If the good is not available, Supplier has 30 days for the good's delivery to the Client. If the goods is not available, Supplier reserves the right to back out the contract in case he is not planning to stock the ordered goods in the near future. In such case Supplier informs Client.
5. Order confirmed by supplier is binding and may be modified only upon contracting parties' mutual consent.
IV. Separate provisions for services providing
1. Contract is agreed for definite period of time in duration of ordered Service as of the day of order confirmation by the Service provider.
2. Unless stated otherwise, Contract may be terminated before the natural end of the anticipated term of the contract:
2.1 In written manner of contracting parties.
2.2 Terminating the Contract by Supplier happens if the second contracting party caused a serious break of its obligations implicating from the contract or these GTC.
3. The Contract's letter of cancellation is delivered to the second party by post or by email on the address stated in the registration form or on the delivery address. Supplier reserves the right to set the compensation if Client prematurely terminates the contract in a different manner than agreed. Compensation is set to 300€ for Clients - non-entrepreneurs. For Clients - entrepreneurs, the compensation is set as 1/5 from the price of service.
V. Price of Goods and Services and terms of payment
1. Price of Goods or Services is based on the Pricelist published on the Website at the day of Goods or Services ordering. Client is informed by the Supplier about a contingent change of the Goods' or Services' price prior to the delivery. In case of price increase, such has to be agreed with the Client.
2. Supplier reserves the right to make the Pricelist of certain Goods and Services accessible solely to registered Clients.
3. Client pays for Goods via cardpay*. If Goods are posted with a cash on delivery payment, Client pays the amount of ordered Goods to the courier at the take-over. If Goods are posted by a regular mail, Client is obliged to pay the invoice for Goods together with charge of postage in advance to the Supplier's bank account.
4. Invoice (tax document) is delivered to Client either through e-mail or is attached to the package with Goods.
5. Supplier is authorized to require the price of Goods' or Services' payment with each form of delivery (except of cash on delivery).
6. Charge of postage is paid by Client.
7. Objections against invoices that could limit the right of Supplier's claim against Client, is Client obliged to raise to Supplier in writing latest 7 days as from the date of invoice delivery.
VI. Provisions related to Goods selling
1. From the Seller's point of view, the Supplier is obliged to deliver the ordered Goods to Client (Buyer) properly and in time. The standard delivery time of Goods is 10 days if Goods are available in stock. If unavailable, Goods will be ordered based on Client's request and the delivery time will be prolonged by the time necessary for additional stock supply on the Supplier's side. Client will be informed about this.
2. From the Buyer's point of view, the Client is obliged to Goods' take-over and payment in a manner not causing additional costs to the Supplier (e.g. fail to take cash on delivery).
3. Means of delivery take-over and payment for Goods is selected by the Client on the Supplier's Website during the Goods ordering.
4. If Client is dissatisfied with Goods' attributes, the Client is obliged to follow the complaints-handling rules.
5. Client takes cognizance of the fact that from the moment the Goods' are devolved for delivery to the shipper, the responsibility for goods is taken by the shipper. By taking the Goods from courier, Client confirms that the package was taken-over in a given condition and any possible damages will be matter of the right of giving complaint against the shipper.
6. Warranty period is 24 months if Client is a Consumer. If Client is an Entrepreneur, warranty period is 12 months or upon agreement. Warranty period starts on the day of Goods' delivery to Client.
7. Client-entrepreneur can return Goods without stating a reason solely in case it was pre-agreed with Supplier in a written form during Goods Ordering. Goods can be returned within 3 months from day of Goods delivery. In such case, Supplier reserves the right to claim a compensation in amount of 20% of Goods' price. The returned Goods has to be originally packed, unused and without breaking.
8. Consumer can return Goods within 14 days without stating a reason to Supplier's business address (Mlynské nivy 54, 821 09 Bratislava).
VII. Liability for damages
1. Client commits to fulfil the Supplier's obligations and commits to them entirely, if the third party rights' violation (stated in this article) will lead to raising a claim against the Supplier.
2. Supplier is not responsible for damage incurred to users or third parties by Websites usage, including loss of profit or data loss caused by the Client or third party.
3. Supplier is not responsible for login and password misuse by an unauthorized person nor for third parties' consecutive damage or potential claims caused by such a misuse.
4. Supplier is not responsible for Goods usage differently from the usage that is in accordance with law.
VIII. Common and final provisions
1. Supplier reserves the right to modify and amend GTC and is obliged to inform Clients immediately by publishing the updated GTC on Websites together with stating the date the modifications are effective from. By the new GTC coming into effect, their former version expires.
2. Relations that are not defined in GTC are defined in a separate contract between Supplier and Client. If not done so, they are regulated by the valid legal regulations of SR, namely:
-Civil Code's act no. 40/1964 subsequently amended,
-act no. 250/2007 dealing with consumer protection
-act no. 372/1990 dealing with contravention subsequently amended,
-act no. 102/2014 dealing with consumer protection referring to Goods' selling or Services providing based on remote signed agreement or agreement signed outside of seller's premises
-Civil Code's act no. 513/1991 subsequently amended (valid for Clients – entrepreneurs)
-act no. 18/2018 dealing with personal data protection
-act no. 391/2015 dealing with alternative resolution of consumer disputes and on amendments to certain laws
-EP and EU Council Regulation 2016/679 (General Data Protection Regulation)
3. Derogation from the Contract's provisions shall prevail the GTC. Scope of GTC or its any part can be excluded only by a written Agreement signed by both Parties.
4. Consumer shall also have recourse to alternative dispute resolution in cases laid down by certain provision (act no. 391/2015 dealing with alternative resolution of consumer disputes and on amendments to certain laws).
5. If an outside element occurs in the contractual relation between Supplier and Client, it shall be deemed that contractual parties apply the law of Slovak Republic and the court of the Slovak Republic acts as an authority competent for disputes resolution.
6. These GTC shall be taken effective as of 31.5.2018. These GTC are intellectual property of AVALAN, s.r.o. and are protected by copyright.