Official fanshop AS TRENČÍN

Business Terms and Conditions

 

Art. I

Introduction

 

1. The following General Business Terms and Conditions („General Business Terms and Conditions” or „GTC“) regulate the relationships of parties to a purchase/licence contract entered into by and between AS Trenčín, a.s. with its registered office at Mládežnícka 2313, 911 01 Trenčín, IČO: 36 329 509,, registered in the Commercial Register with the District Court in Trenčín, Section: Sa, File No. 10328/R, DIČ: SK2020180272 („Seller“) and the purchaser (“Buyer”).
2. Supervising organ:

Inšpektorát SOI for Trenčin‘s district 

Odbor výkonu dozoru
Hurbanova 59, 911 01 Trenčín 
tel. no.: 032/6400 109
fax no.: 0932/6400 108

Art. II

Definition of terms

 

1. Store: an e-shop of the seller placed on the web page http://fanshop.astrencin.sk/.
2. Product or products: the product or multiple pieces of products for sale listed in the offer of the seller in the Store.
3. Buyer: Consumer or an entrepreneur, who makes a purchase in the Store.
4. Consumer: personal entity, which when concluding and fulfilling a consumer contract, does not carry out any business or other business activity.
5. Entrepreneur: buyer – personal entity or legal entity, which concludes a contract with the seller in relation to the performance of his / her business activity, which is not a consumer under the act 250/2007 Z. z. o ochrane spotrebiteľa v znení neskorších predpisov
6. Purchase Contract: a contract, the subject of which is the purchase and sale of the Product concluded between the seller and the buyer
7. Personalized product: a product tailored to the individual requirements of the client according to his orders within the range offered by the seller.

 

Art. III

Cuncluding a purchase contract

 

1. The Seller allows the conclusion of a purchase contract by executing an online buyer‘s order via the Store, which is available continuously for 7 days a week.
2. A request for information or buyer‘s request by an e-mail or telephone is not considered to be a Product order.
3. Buyer purchases at the Store by selecting products from the offer listed on the Store's website and adding them to the shopping cart.
4. Until the moment you press the " Finish order " button, the Buyer has the opportunity to correct the entered data and change the range of selected Products.
5. After submitting all the required data, the buyer will display the order summary ("Completion"), which will include in particular:
6. Subject of an Order (name, brand, size, number of pieces, product color, etc.)
7. Unit price and total price of selected products together with VAT and any other taxes
8. Information on the cost of transport, postage, packing or other charges
9. Selected payment method
10. Delivery method and address for the delivery of the products
11. To submit an Order, you must press the "Finish order" button.
12. All orders received are considered as an offer to conclude a purchase contract.
13. The seller shall promptly confirm the buyer's Purchase Order by submitting an automatic reply to the buyer's specified email address, "Your Order has been registered". This autoresponder is exclusively of a registration nature and is not delivered to the Buyer as a purchase contract agreement.
14. If the product to which the Order relates is unavailable, the seller will send the buyer an e-mail message about the unavailability of the product, the expected delivery time of the product and the options of processing the Order (partial execution of the Order or cancellation of the order). In other cases, the seller will send the buyer a confirmation of the Order by an e-mail: "Your order has been received."
15. By receiving the "Your order has been received" e-mail message, the buyer's suggestion is made to enter into a Purchase Contract and a buyer's Purchase Agreement is concluded between the seller and the buyer.
16. The seller reserves the right to refuse to process the Order if, for objective reasons, it recognizes that an Order may be unlawful, meaning any buyer's business or action in the Trade that is not in accordance with the law.
17. If the seller is unable to deliver the product to the buyer within the time limit specified in these terms and conditions (Article IV (1) (d) of the GTC) or for an agreed purchase price due to an item is out of stock or unavailability of the product, the seller shall offer the buyer a substitute supply or the option for the buyer to cancel the Order by sending an email.
18. If the buyer has already paid the purchase price or part thereof, the seller will refund the purchase price or part thereof within 14 days from the date of receipt of the e-mail about cancellation of the Purchase Order by the buyer on the account specified, unless the parties agree otherwise.
19. In the event that the buyer does not accept the substitute performance offered by seller within the period specified by the seller, nor does the contract arise, the seller is entitled to withdraw from the Purchase Agreement and, if the buyer had already paid the purchase price or part thereof, the seller shall return the purchase price or part thereof within 14 days from the date of receipt of the e-mail about the withdrawal from the purchase contract by the buyer.

 

Art. IV

The rights and obligations of the seller and the buyer

 

1. The seller is obligated to:
2. deliver the right kind and quantity of products that were ordered at the price that was stated at the time of sending the Purchase Order
3. deliver only new products that are properly packaged to prevent damage during transportation
4. deliver the product to a place designated by the buyer and send the product along with all the product documents to the buyer (invoice, withdrawal form, manual in the codified form of the Slovak language)
5. deliver the ordered product to the buyer by the delivery date indicated on the website, but not later than 14 days after the date of concluding the purchase contract, unless agreed otherwise; when ordering Personalized Products, delivery time is 21 days from the date of payment of the purchase price to the bank account of the seller under Art. VI. 3 GTC.
6. In the case of delivery of the wrong product type, or the wrong color or size as ordered by the buyer, immediately replace this product and, if this is not possible, return the buyer the amount paid and at the same time to compensate the buyer for the packaging and postage costs he demonstrably paid for the return of the item.
7. The seller has rights to:
8. not process the Order if the buyer states incorrect or obviously false contact details and can not be contacted at the e-mail address or telephone number entered in the Order, even if adequate efforts are made
9. ask the buyer to pick up the product even before the deadline for delivery of the product.
10. The buyer is obligated to:
11. provide full and truthful information when ordering
12. pay the purchase price for the product according to the chosen payment method
13. pick up the arrived product personally or through an authorized person, sign a document certifying the delivery of the product and pay the purchase price he was familiar with when ordering
14. pick up the delivered product at the place chosen when ordering
15. check the integrity of the packaging and the product itself when it is picked up
16. If the delivery of the product is to be repeated due to the absence of the buyer or if the buyer does not take the product without a relevant reason, the seller shall be entitled to claim compensation for the damage incurred in the amount of the actual costs of the unsuccessful delivery of the product.
17. The Buyer has been informed by the Seller that part of the Order is the obligation to pay the purchase price.

 

 

Art. V

The Product prices

 

1. All product prices are contractual, current and valid. Prices are in euro and are final, i.e. including VAT at the applicable rate, or any other relevant taxes and fees. This does not apply to charges for delivery, cash on delivery and telecommunication charges by distance means.
2. The Action prices are valid until the stock has been sold out for the product or for the period specified by the seller.
3. In the case of a discount action organized by a seller in the Store, discounts are not cumulated unless the GTC for the discount action designate otherwise.

 

Art. VI

Payment conditions

 

1. Unless stated otherwise in paragraph 3, the buyer may choose the following payment methods for the products ordered:
2. Payment in advance, e.g.:
3. bank transfer
4. by cedit card
5. Payment at the time of product pick up
6. in the case of delivery of the product via the carrier (the so called "Order on Delivery"), a payment in cash or a payment by a card is paid via the terminal.
7. In the event that the buyer chooses the payment in advance method, the Order will be processed by the seller after the purchase price of the products is assigned to the seller‘s bank account.
8. Payment for Personalized Products is only possible through the payment in advance method (Article IV (1) (a) of the GTC)

 

Art. VII

Transport, postage and packing

 

1. The Buyer has the option to choose the shipping of the ordered product:
2. to the address specified in the Order
3. to the sekretariat AS TRENČÍN, Mládežnícka 2313, 911 01  Trenčín, 2nd floor, indoor swimming pool
4. The Seller sends products throughout the territory of the Slovak Republic and abroad.
5. The postage and packing costs are charged as follows: http://fanshop.astrencin.sk/en/s9-shipping-and-payment. The cost of postage and packing is quantified by the purchaser when executing the Order.

 

Art. VIII

Acquisition of ownership and passing the risk of damages to the product

 

1. By picking up the product at the place chosen by the Buyer in the Purchase Order, the ownership rights are transferred to the buyer.
2. The risk of product damage passes to the buyer at the time he takes the product from the seller or from the Slovak Post.

Art. IX

Rescission of contract (the consumer)

 

1. The consumer has a right to rescind the Purchase contract without stating a reason in 14 days
2. The period to rescind the Purchase contract starts from the day of:
3. picking up the Product,
4. in the case that the subject of purchase are several types of Products or delivery of several parts, from the date of the last delivery of the Product, or
5. in which the third person designated by the Consumer and other than the Carrier took over the Product.
6. The consumer may rescind of the Purchase Contract by a written declaration addressed to the Seller on the correspondence address found in these GTC or at the following email address: fanshop@astrencin.sk

(it is recommended to include the "Rescission of the Purchase Contract " in the object of the e-mail).

4. The consumer can not rescind of the contract, object of which is the sale of the Products made according to the specific requirements of the Consumer (Personalized Product).
5. The consumer may use the template of the rescind form, which is the Attachment no. 1 of these GTC. Usage of the template is not obligatory. In the event of the Consumer's rescission, the Seller shall confirm receipt of such rescinding without undue delay in written form to the Consumer. In order to maintain the rescission period from the Purchase Contract, it is necessary for the Consumer to send a written statement according to the previous paragraph of this Article no later than on the date of the expiration of the rescission period of the Purchase Contract.
6. In the event of rescission of the contract as described above, the Purchase Contract is cancelled from its inception.
7. The Seller shall return all payments received from the Consumer without undue delay, but no later than 14 days after the seller has learned about the rescission of the purchase contract.
8. The Seller shall return the product payment in the same way as it was received to compensate the Product, unless the Consumer agrees with other solution. The consumer shall provide the bank account number to which the seller will return the payment. The consumer does not incur any additional costs in connection with this refund. If the Consumer rescinds from the Purchase Contract, the seller is not obliged to return the received payment to the Consumer before the Consumer returns the product or proves that the product has been sent by the seller.
9. The consumer has to send to the seller, without undue delay, within 14 days of rescission of the Purchase Contract, the product he had received from the seller and the product can not be destroyed or worn. The time limit will be retained if the Consumer sends the returned product before the 14-day deadline to:

- AS TRENČÍN a.s., Mládežnícka 2313, 911 01  Trenčín

(it is recommended to include the "Rescission of the Purchase Contract " in the object of the e-mail)

10. The consumer pays the direct costs of returning the Product in the event of rescission of the purchase contract (the costs of sending the product to the seller) even if the product can not be returned for its nature by post. The seller reserves the right not to collect the shipment sent as „cash on delivery“.
11. The consumer is liable for any decreases in the value of the product resulting from the handling of this Product other than its intended purpose with regard to its nature and properties.

Art. X

Alternative dispute solutions

 

1. If the Consumer is not satisfied with the seller's handling of his claim or if he believes that the seller has breached his rights, he has the option to contact the seller for a correction (by an e-mail to fanshop@astrencin.sk).
2. If the seller answers negatively or fails to respond to a request for correction within 30 days from the date of dispatch, the Consumer has the right to make a proposal to start an alternative resolution to his dispute under § 12 zákona č. 391/2015 Z. z o alternatívnom riešení spotrebiteľských sporov a o zmene a doplnení niektorých zákonov.
3. The competent subject for the alternative resolutions of consumer disputes with AS TRENČÍN, a.s. is the „Slovenská obchodná inšpekcia“ and an authorized legal entity registered in the list of the subjects of alternative dispute resolutions maintained by the „Ministerstvo hospodárstva Slovenskej republiky“:

http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov ;  The consumer has the right to choose which of these alternative consumer dispute resolution entities he will address. The consumer may use the on-line dispute resolution platform to make a proposal for alternative dispute resolution available on the website:

http://ec.europa.eu/consumers/odr/.

4. An alternative dispute resolution may only be used by a consumer - a personal entity who does not, when concluding and fulfilling a consumer contract, engages in his business or occupation.
5. Alternative dispute resolution concerns only the dispute between the consumer and the seller resulting from the consumer contract or relevant to the consumer contract. Alternative dispute resolution applies only to contracts concluded at distance.
6. The alternative dispute subject (ARS) may reject the proposal if the quantifiable value of the dispute does not exceed 20,- Eur.
7. The ARS subject may require the Consumer to charge a fee for starting an alternative dispute resolution up to a maximum of 5 ,- Eur with VAT.

 

Art. XI

Data Protection Act

1. Details about Data Protection are available here:

http://www.zakonypreludi.sk/zz/2013-122

Art. XII

Warranty and Claims

1. Information on seller's liability for defects, warranty period, and the procedure for claiming and handling complaints are contained in the Return policy that is available at:

http://www.szk.sk/legislativa/reklamacny-poriadok-fo/

 

Art. XIII

Registration in the E-shop

1. Purchase in the Shop is not conditional upon the buyer's registration. Buyer's registration in the Shop is voluntary
2. The Buyer has the option to become a member of the "12th Player" Member Program, of which the Operator is the Store. Upon this program the Store provides its members with the benefits listed on the website www.astrencin.sk (hereinafter referred to as "the Program" ). The buyer will express his consent in membership by clicking the appropriate box.

 

Art. XIV

Using cookies

1. Cookies are files containing a small amount of data, generally sent by websites and left on the end user’s device (such as computer, smarphone, tablet, etc.)

 

2. Store uses cookies. Cookies will be used for the following purposes:
3. roper operation of the store and simplifying the buying process (e.g., keeping a post on sign-up, storing purchases made, identifying the customer);
4. advertising and marketing events;
5. creating Traffic statistics for Traffic sites, and gathering information on how to use the Store's Website to improve its structure and content.

 

3. All cookies used by the Store may be temporary or permanent. Temporary cookies of this kind are removed by closing the Store user's browser, but permanent cookies are retained even after the use of the Store pages has been closed and are used to store information that facilitates and speeds up later access to the Store (password, login) .
4. The buyer has the right at any time to block the use of cookies and to remove permanent cookies by using the appropriate settings available in the Internet browser. Detailed information about cookie options and methods is available in the Help menu in the Internet browser menu
5. Blocking or restricting the use of cookies may prevent some of the applications available on the Store site from being used properly.

Art. XV

Terms of Use of the Website of the Store

 

1. The Website of the Store, as well as its individual parts, are protected by Act No. 185/2015 Z. z. o autorskom práve a právach súvisiacich s autorským právom ( further only „Copyright Act").
2. The Buyer and User are entitled to view and download materials from the Store's Website solely for personal, non-commercial use, and provided that all copyright and ownership statements in the original materials and copies of the materials are preserved intact. Buyer and user are not permitted to modify, reproduce, publicly display, perform, distribute or otherwise use materials from this website for public or commercial purposes in any way. The use of materials published on the Website of the Store on other websites is prohibited without prior agreement of the seller. The materials on the Store's website are copyrighted. Unauthorized Use of Materials from the Store Website is a copyright infringement that results in both civil and criminal liability.

 

Art. XVI

Final provisions

 

1. The Seller reserves the right to make and cancel offers or discount stocks and to change the prices of the Products in the Store, without influencing the rights acquired by the Customer, including the terms of the Purchase Contracts concluded before the changes made.
2. For the cases not covered by these Terms and Conditions, the applicable laws, in particular the provisions of Act No. 40/1964 Zb. Občianskeho zákonníka, zákona č. 250/2007 Z. z. o ochrane spotrebiteľa and Act No. 102/2014 Z. z. o ochrane spotrebiteľa pri predaji tovaru alebo poskytovaní služieb na základe zmluvy uzatvorenej na diaľku alebo zmluvy uzatvorenej mimo prevádzkových priestorov predávajúceho a o zmene a doplnení niektorých zákonov.
3. These GTCs do not exclude or limit the buyer's rights to which he is entitled under applicable law. If the provisions of these Terms and Conditions conflict with the applicable laws securing the buyer's rights, this legislation shall prevail.
4. The seller reserves the right to modify these GTCs. For the legal relationship with the buyer, the GTC, which are in effect on the date of entry into force of this Contract and the terms of which do not provide for expiry on that date shall remain in effect unless changed under the provisions of this Contract, are binding.
5. These General Business Terms and Conditions are valid and effective from 10.2017.