General terms and conditions
I. Basic provisions
These General Terms and Conditions (hereinafter referred to as the "GTC") govern the relations between the parties to the purchase contract where, on the one hand, fofos.sk sro, company ID 50215167, is domiciled in Dukl. Hrdinov 874/14, 911 05 Trenčín, registered in the Commercial Register of the District Court in Trenčín, insert number 32767 / R as the seller (hereinafter "the seller") and, on the other hand, the buyer who may also be a consumer ).
The buyer is a consumer or an entrepreneur.
A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business or other business activity.
The legal relations of the seller with the consumer not expressly regulated by these GTC are governed by the relevant provisions of the Act. No. 40/1964 Coll., the Civil Code, as well as related regulations.
Entrepreneurs are understood to mean:
- a person registered in the Commercial Register,
- a person who carries on business under a trade license,
- a person who does business on a basis other than a trade license under special regulations,
- a person who performs agricultural production and is registered in a special regulation.
The legal relations of the seller with the buyer who is an entrepreneur not expressly regulated by these GTC or the agreement between the seller and the buyer are governed by the relevant provisions of the Act. no. 513/1991 Coll., The Commercial Code, as amended, as well as related regulations. In the event of any discrepancy between the GTC and the individual contract, the text of the contract shall prevail.
By placing the order, the Buyer confirms that he has become acquainted with these GTC and agrees with them, in a valid and effective manner at the time of sending the order.
Buyers are aware that by purchasing products that are in the seller's business, they do not create any rights to use the registered trademarks, trade names, business papers or patents of the seller or other companies unless otherwise agreed in a particular case by a specific agreement.
The Purchaser will receive an invoice containing the basic contract details by email. Details of the order together with the invoice will be found by the buyer in his customer account by clicking on "Order history". The buyer agrees with this. If you are interested in submitting invoices in paper form, you can use our contact form. "
II. Contract of sale
1. Conclusion of the purchase contract
The proposal for the conclusion of the purchase contract is the placement of the offered goods by the seller on the site, the purchase contract is created by sending the order to the buyer and accepting the order to the seller. This acceptance by the seller immediately confirms the buyer with an informative email on the specified email, but the confirmation does not affect the confirmation. The contract (including the agreed price) may be amended or canceled only by agreement between the parties or for legitimate reasons. For an exception to this procedure, see section IV. Ordering.
The concluded contract is retained by the seller for at least five years from its conclusion, but for the longest period of time according to the relevant legislation, for its successful fulfillment and is not accessible to third parties. Information on the individual technical steps leading to the conclusion of the contract is evident from these business conditions where the process is clearly described. The buyer has the option to check and, if necessary, correct the order before submitting the order.
2. Delivery of the subject of purchase
By purchasing a contract, the vendor undertakes to hand over the thing to the buyer, to provide the digital content / license that is being purchased and to allow him / her to acquire ownership / license to the buyer, and the buyer undertakes to take the thing / digital content and pay the seller the purchase price.
The seller reserves ownership of the property and therefore the buyer becomes the owner only after the full purchase price has been paid. Similarly, this rule applies to the purchase of a license or service.
The seller will hand over to the buyer the case, including the documents relating to the case, and will allow the buyer to acquire ownership of the thing / license in accordance with the contract.
The seller will comply with the obligation to hand over the case to the Buyer if he / she allows him / her to dispose of the matter at the place of performance and informs him / her in good time.
The seller will give the buyer the object of purchase in the quantity, quality and execution.
The Buyer hereby agrees that the instructions for its use in Slovak language need not be supplied to the purchased goods.
Buyer is obliged to comply with the obligations set out in these GBCs (for the purposes of GTC, including SW, etc.) when using all electronic content purchased in the e-shop and the laws governing the copyright works and the specific licensing terms of the product (eg EULA). If the buyer violates such obligations, then he is liable to pay any damages, which may also have criminal consequences.
The buyer is entitled to use all electronic works solely for his own personal use unless the licensing conditions set forth otherwise, the purpose of which is not to achieve direct or indirect economic or commercial advantage.
The buyer is also not authorized to copy the purchased electronic content or copy it in any other way, make copies of it, cut it out, or otherwise dispose of it in violation of the copyright, other legal or licensing terms of the product. Access to electronic content may be prohibited or the license may be deactivated if electronic content was obtained as a result of illegal activity.
All prices are negotiable. On-line e-shops are always up-to-date and valid. Prices are final, ie. VAT incl. any other taxes and fees that the consumer has to pay to get the goods.
Share prices are paid until the stock is sold out when the number of pieces of stock is stated or for a fixed period of time.
The buyer will receive the goods at the price valid at the time of the order. The buyer has the opportunity to learn about the total price, including VAT and all other charges (PHE, etc.) before ordering. This price will be stated in your order and in the confirmation receipt of your order.
The Buyer notes that there may be occasions when a contract is not concluded between the seller and the buyer, especially when the buyer orders the goods at a price published in error due to a fault in the seller's internal information system.
In this case, the seller informs the buyer of such fact. The seller reserves the right to declare the purchase contract invalidated if personal data, misuse of a payment card, etc., or due to interference by an administrative or judicial body has been committed, will inform the buyer of such a procedure.
The Buyer notes that in such cases the purchase contract can not be validly generated.
V. Withdrawal from the contract
Withdrawal from the contract by the buyer
Pursuant to the provisions of Section 7 of the Consumer Protection Act, when selling goods or rendering services on the basis of a distance contract or a contract concluded outside the seller's premises and amending certain laws (Act No. 102/2014 Coll.), The buyer has the right to the contract so terminated without giving any reason within 14 calendar days from the date of receipt of the goods or from the conclusion of the service contract, and it is necessary that the withdrawal form is sent within the specified time limit to the seller to be found by TU .
Send your removal and goods to:
- fofos.sk, sro, Dukl. Hrdinov 874/14, 911 05 Trenčín
- or by email: firstname.lastname@example.org
Goods should be returned by the buyer within 14 days of the date of withdrawal, full documentation, complete with the completed withdrawal form.
The money for the returned goods will be returned to the buyer to the consumer within 14 days of receipt of the notice of withdrawal from the purchase contract.
Except where the withdrawal is expressly agreed, the consumer can not withdraw from the contracts:
- the provision of the service where the provision of the service has begun with the express consent of the consumer and the consumer has declared that he has been duly instructed to have the right to withdraw from the contract after the complete service has been provided and,
- to provide electronic content other than on a physical carrier if its provision has begun with the express consent of the consumer and the consumer has declared that he has been duly instructed to lose the right to withdraw from the contract by expressing such consent.
If the buyer decides to withdraw within the specified timeframe, we recommend that you deliver the goods to your reseller email address or email along with the enclosed and completed withdrawal form. Upon fulfillment of all the above conditions for the return of the goods, the buyer will be entitled to the refund of the paid sums connected with the returned goods, which will be returned to the buyer within 14 days of withdrawal.
VI. Terms of payment
Seller accepts the following payment terms:
- prepay by bank transfer,
- PayPal (by credit card online).
The goods remain to the full payment and take over of the seller's property, but the risk of damage to the goods passes through the takeover of the goods to the buyer. Buyer billing information can not be redeemed after the order has been submitted.
VII. Terms of Delivery
1. Delivery methods
The seller secures or mediates the following delivery methods:
- sending by email.
In case of force majeure or failure of the information system, the Seller is not responsible for the delayed delivery of the goods.
VIII. Warranty Terms and Claim Rules
All software products are subject to a 24-month warranty.
Before you decide to claim malfunctioning secondary software, please refer to the "Installation Guide" section for instructions on how to activate the purchased software.
If the software product does not really work (the software can not be activated), fill out the Complaint Protocol. Complaint protocol can be sent either by e-mail to email@example.com or by post to: fofos.sk, sro Dukl. Hrdinov 874/14, 911 05 Trenčín.
When submitting a claim, you must submit the following documents:
- TU withdrawal claim form ,
- a copy of the purchase receipt (invoice, tax document or warranty card).
How long will I wait for my complaint to be repaired?
We will resolve complaints in the shortest possible time, but no later than within 30 days of the date of the claim, as required by law. If we agree on a period longer than 30 days, this will be recorded in the Complaint Protocols. The prompt for filling out your complaint is a properly filled out complaint log.
Once the claim is completed and equipped, we inform our customers by e-mail.
IX. Dispute resolution
In the event of an interference with the Buyer's rights, the person to whom the rights in relation to the e-shop are in any way affected or who claims to have infringed the rights of the Buyer is obliged to resolve the dispute with the seller prioritizing out-of-court negotiations through the Contact Form , or by e-mail to firstname.lastname@example.org.
In the event that there is no out-of-court settlement of the dispute within two months, that person is entitled to bring proceedings before the competent court.
The Buyer is obligated to notify the Seller immediately that his rights have been interfered with and who, in what manner and when the intervention should take place, and in the case of a lawsuit related to the e-shop, he must immediately notify the Seller in writing that such a dispute is taking place.
Buyer is entitled to contact the Seller for a remedy if the Seller violated his rights. If the Seller responds or fails to respond to such a request within 30 days of the date of dispatch, the Buyer has the right to make a proposal to launch an alternative dispute resolution dispute resolution entity. Alternative dispute resolution entities are bodies and authorized legal entities within the meaning of Article 3 of Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes, Slovak Trade Inspection, whereby the User is entitled to choose an alternative consumer dispute resolution entity to address. The e-mail contact is email@example.com. When submitting a proposal, the user proceeds in accordance with § 12 of Act no. 391/2015 Coll. on alternative dispute resolution for consumer disputes. An alternative dispute resolution may settle a dispute between the Buyer and the Seller. The value of a dispute to be settled by an alternative dispute resolution must exceed € 20. Alternative Dispute Resolution may require a sum of five euros, including value added tax, from the Buyer's Fee to begin an alternative dispute resolution, at the same time as the notification of an alternative dispute resolution is sent.
Buyers are authorized to use the online dispute resolution platform ("RSO") to resolve their disputes in the language of their choice. Alternatively, the user can use the RSO platform, which is available at http://ec.europa.eu/consumers/odr/ . The buyer will fill in the electronic complaints form when submitting RSO submissions. The information it provides must be sufficient to identify the relevant alternative dispute resolution entity online. Buyers can attach documents to support their complaint.
XI. Final provisions
These GBTCs and the relationship between the Buyer and the Seller based on them are governed by Slovak law, without applying any conflict of law provisions.
In the event that any provision of these GBCs becomes invalid, ineffective or unenforceable, this will not affect the other GBTC provisions and these other GBC provisions remain valid and effective.
These General Terms and Conditions are valid and effective as of 19.11.2018 The Seller reserves the right to change the GTC without prior notice.