GENERAL BUSINESS TERMS AND CONDITIONS

Dear customers, don´t forget to read the related document: Conditions for
Processing Personal Data.
1. General Provisions
1.1. Seller is the company Adventure Venture s.r.o., with its registered office
at Cabanova 20, 84102 Bratislava, Slovak republic registered in the
Commercial Register maintained by the Municipal Court in Žilina,
Section Sro, Insert No 82612/L, Company ID No.: 55607713, VAT ID
No.: 2122029701, phone No.: +421 948 275 009,
e-mail: info@svahy.com (hereinafter referred to as the “Seller”).
1.2. Buyer is any natural or legal person who in any way contacts the Seller
with the intention to buy goods offered by the Seller. Buyer is also any
natural or legal person who in any way contacts the Seller with a
request to have goods, which are not included in the Seller’s offer,
procured by the Seller with the intention to buy the goods.
2. Conclusion of Purchase Contract
2.1. The web interface of the shop contains information about goods,
including prices of individual goods and costs of returning the goods if
the goods, due to their nature, usually cannot be returned by post. The
prices of goods are indicated including VAT and all related fees. The
prices of goods remain valid for the period they are displayed on the
web interface of the shop.
2.2. The shop's web interface also contains information on the costs
associated with packing and delivery of goods.
2.3. The Buyer can order goods by means of the basket on the Seller’s
websites.
2.4. After the Buyer puts goods into the basket, the Buyer will complete the
order form provided on the web interface of the shop. The order form
contains the following information, in particular:
2.4.1. Information about the ordered goods;
2.4.2. Information about the method of payment of the purchase price
of goods, information about the requested method of goods
delivery; and
2.4.3. Information about the costs connected with goods delivery
(hereinafter jointly referred to as the “order”).
2.5. The Buyer will send the order to the Seller by clicking the button “Order
with obligation to pay”. By sending the order, the Buyer undertakes to
take over the ordered goods and pay the price agreed for the goods.
The Seller considers the data provided in the order to be correct. The
Seller will confirm the sent order to the Buyer by e-mail without undue
delay.
2.6. Depending on the nature of the order (quantity of goods, purchase
price, expected transport costs), the Seller is entitled to ask the Buyer
to additionally confirm the order (for instance, in writing or by phone).
2.7. The contractual relationship between the Seller and the Buyer arises
upon delivery of the order receipt (acceptance) sent by the Seller to the
Buyer by electronic mail to the Buyer’s e-mail address.
2.8. The Seller undertakes to deliver the correct type and quantity of goods
for the price agreed according to the order.
2.9. The Seller reserves the right to cancel the order if the ordered goods
cannot be procured. In such a case, the Seller will immediately fully
refund to the Buyer any amount paid if the Buyer has already paid the
price of the order, or offer the Buyer alternative goods or any other
solution if the Buyer agrees with it.
2.10. The Seller is also entitled to cancel the order if it cannot contact the
Buyer (incorrect or missing contact details in the order, unavailability of
the Buyer, etc.).
3. Price of Goods and Payment Conditions
3.1. The Seller is not a VAT payer.
3.2. The transport costs of goods are added to the basic price of the order.
The transport costs are derived from the total value of the ordered
goods. The costs of transporting goods are indicated in the order.
Packaging costs are included in the transport costs.
3.3. The Buyer can pay for the goods in cashless form by payment card.
3.4. The payment for goods is in the currency of the Buyer, namely, in EUR
3.5. The Seller will send a tax document (invoice) to the Buyer in .PDF
format in electronic form to the address provided in the order form.
3.6. Discounts on the price of goods provided by the Seller to the Buyer
cannot be combined.
4. Transport and Delivery of Goods
4.1. The Seller secures the transport of goods by courier or postal services.
The place from where goods are taken is determined based on the
Buyer’s order. Delivery of the goods to the place determined by the
Buyer in the order is deemed execution of the delivery and the Buyer is
obliged to take over the goods upon delivery.
4.2. Goods will be adequately packed and secured. Upon takeover of the
goods from the carrier, the Buyer is obliged to check whether the
packaging of the goods is intact and report any defects to the carrier
without undue delay. If it is detected that the packaging has been
tampered with, what is an indication of unauthorized interference with
the consignment, the Buyer is not obliged to take the consignment over
from the carrier. Any later complaints will be disregarded.
4.3. The delivery period of goods depends on the place of destination and
availability of goods. In most cases, the delivery period is 2 – 3 working
days after order confirmation. The maximum delivery period is 7 – 14
days or might be extended following an agreement with the Buyer. The
Seller will inform the Buyer of the delivery period and delivery date by
e-mail upon confirmation of the order. If the Buyer does not agree with
the notified extended delivery period, the Buyer can cancel the order
according to Article 2 hereof.
4.4. The Seller is liable for goods until the moment of the takeover of the
goods by the Buyer. Goods are deemed to have been received by the
Buyer since the moment the Buyer confirmed the receipt of goods in
writing. The Seller is not liable for any delayed delivery of ordered
goods to the Buyer if the delay is caused by the carrier. The carrier is
fully liable for any damage of the consignment caused by the carrier. In
such a case, the Seller will deliver to the Buyer new goods following
the settlement of all damage by the carrier.
5. Withdrawal from the Purchase Contract
5.1. The Buyer acknowledges that according to the provisions of Article
1837 of the Civil Code, the Buyer cannot, inter alia, withdraw from a
purchase contract on delivery of goods customized according to the
Buyer’s requirements or for the Buyer, from a purchase contract on
delivery of perishable goods, as well as goods which were, after the
delivery, irreversibly mixed with other goods, from a purchase contract
on delivery of goods in sealed packaging if the customer has removed
the goods from the packaging and the goods cannot be returned for
hygiene reasons, and from a purchase contract on delivery of audio or
video recording or computer program if the customer has tampered
with their original packaging.
5.2. In cases other than those referred to in Section 5.1 hereof or in any
other cases when it is not possible to withdraw from a purchase
contract, the Buyer shall have the right, according to the provisions of
Article 1829(1) of the Civil Code, to withdraw from the purchase
contract within thirty (30) days after the takeover of the goods; if
several types of goods or delivery of several parts is the subject-matter
of the purchase contract, the deadline starts to pass since the date of
takeover of the last delivery of the goods. The withdrawal from the
purchase contract must be sent to the Seller within the deadline
referred to in the previous sentence. To withdraw from the purchase
contract, the Buyer may use the sample form which can be
downloaded from page https://svahy.com/policies/refund-policy.
5.3. The returned goods must be:
5.3.1. undamaged;
5.3.2. complete (including original packaging, labels or
documentation);
5.3.3. inclusive of the attached proof of purchase.
5.4. In the case of withdrawal from the purchase contract according to
Section 5.2 hereof, the purchase contract shall become void and null.
The goods must be returned to the Seller within thirty (30) days after
the withdrawal from the purchase contract by the Seller. If the Buyer
withdraws from the purchase contract, the Buyer bears the costs on the
return of the goods to the Seller, including the case when the goods
cannot be returned by post due to their nature.
5.5. In the case of withdrawal from the contract according to Section 5.2
hereof, the Seller will refund the funds received from the Buyer within
fourteen (14) days after the withdrawal from the purchase contract by
the Buyer. If the Buyer has paid for the goods in cash upon delivery,
the funds will be refunded to bank account and in other cases, the
funds will be returned in the same way as they were received by the
Seller from the Buyer. The Seller is also entitled to return any
performance provided by the Buyer upon the return of the goods by the
Buyer or in any other way if the Buyer agrees with that and does not
sustain any further costs. If the Buyer withdraws from the purchase
contract, the Seller is not obliged to refund the received funds to the
Buyer before the Buyer returns the goods or demonstrates that he/she
has sent the goods to the Seller.
5.6. The Seller is entitled to unilaterally set off its entitlement to be
compensated for damage to the goods with the Buyer’s entitlement to
be refunded the purchase price.
5.7. If a gift is provided to the Buyer together with the goods, the deed of
gift between the Seller and the Buyer is concluded with a resolutory
condition that if the Buyer withdraws from the purchase contract, the
deed of gift shall expire in relation to such a gift and the Buyer is
obliged to return the provided gift to the Seller together with the goods.
5.8. The Seller reserves the right to cancel any order for goods for which
more than one discount coupon was used or if another discount is
applied on already discounted goods.
6. Rights from Defective Performance
6.1. The rights and obligations of the Parties in relation to the rights ensuing
from defective performance are governed by the relevant generally
binding legal regulations (in particular, by the provisions of Articles
1914 through 1925, Articles 2099 through 2117, and Articles 2161
through 2174 of the Civil Code and by Act No. 634/1992 Coll. on
Consumer Protection, as amended).
6.2. The Seller is responsible towards the Buyer for ensuring that the goods
are free from defects as at their takeover. The Seller is especially
responsible towards the Buyer for ensuring that in the moment of the
takeover of the goods by the Buyer:
6.2.1. the goods have the features agreed between the Parties, and if
there is no such agreement, have features described by the
Seller or manufacturer or expected by the Buyer considering the
nature of the goods and the advertisement thereof;
6.2.2. the goods are fit for the purpose of use indicated by the Seller or
for which goods of the same kind are commonly used;
6.2.3. the quality or execution of the goods corresponds with the
agreed sample or model if the quality or execution is determined
according to the agreed sample or model;
6.2.4. the goods have corresponding quantity, size and weight; and
6.2.5. the goods comply with the requirements of legal regulations.
6.2.6. The provisions provided in Section 7.2 hereof shall not apply to
goods sold for lower price due to defect for which the lower price
was agreed or due to wear and tear of the goods caused by
their usual use, to used goods due to defect corresponding with
the use or wear and tear of the goods in the time of their
takeover by the Buyer, or if it follows from the nature of the
goods.
6.2.7. The Buyer is entitled to claim defects of consumer goods
occurring in a twenty-fourth-month period after the takeover of
the goods.
6.2.8. The Buyer shall exercise towards the Seller the rights resulting
from defective performance at the address of the Seller’s
establishment where the complaint can be received considering
the assortment of goods being sold by the establishment or also
in the Seller’s registered office or place of business.
6.2.9. Further rights and obligations of the Parties related to the
Seller’s liability for defects may be regulated in the Seller’s
Rules of Complaint Procedure.
7. Warranty and Complaints
7.1. The handling of complaints is governed by the conditions of warranty,
the Commercial Code and the relevant provisions of the Civil Code,
and special regulations. The warranty period for any goods offered in
the Seller’s on-line shop is 24 months. A proof of purchase (attached
invoice, cash receipt) shall always suffice for claiming rights from
liability for defects (complaint).
7.2. A complaint shall be made without undue delay, namely immediately
after the occurrence of the defect. Possible continuing use of the goods
could lead to deterioration of the defect and subsequent impairment of
the goods which could be a reason to reject the complaint.
7.3. The warranty period for goods is 24 months and starts to pass on the
date of takeover of the goods.
7.4. Warranty period cannot be confused with the lifetime of goods, i.e. the
period during which the goods should last if they are used and treated
correctly, including maintenance, taking into account the features, the
purpose and different intensity of use of the goods.
7.5. If, following the takeover of the goods, the Buyer detects that the goods
do not correspond with the ordered goods or show any defects, the
Buyer must immediately inform the Seller thereof by e-mail or phone,
however, not later than within 5 days after the takeover of the goods.
7.6. If defect of purchased goods occurs, the customer is entitled to claim
the defect.
7.7. Defect shall mean any change in the features of the goods caused by
use of unsuitable or poor-quality material, failure to comply with the
production technology or unsuitable construction solution.
7.8. Any change of (feature of) the goods occurring during the warranty
period due to wear and tear of the goods, incorrect use, insufficient or
unsuitable maintenance, due to natural change of material the goods
are produced from, due to any damage caused by the user or third
party, or any other incorrect interference with the goods shall not be
deemed to constitute a defect.
7.9. A complaint is deemed to have been made properly if the goods under
the complaint are complete and general hygiene principles do not
prevent the complaint. The customer is obliged to submit the goods
under complaint clean, free of any dirt and hygienically safe. The
company Adventure Venture s.r.o. which is the operator of the e-shop
www.svahy.com is entitled to refuse to receive any goods for the
purposes of complaint procedure if the goods do not meet the
above-mentioned general hygiene principles (Decree No. 91/1984 Coll.
on Measures Against Communicable Diseases).
7.10. Any complaint, including removal of defect, will be handled without
undue delay, however, not later than within 30 days after it was made.
In justified cases, an authorised employee may agree with the
customer on a longer period.
7.11. The operator hereby informs users (consumers) that they can also
exercise any of their rights and entitlements towards the operator by
means of an alternative online dispute resolution. Online dispute
resolution is provided for by the European Commission and the Slovak
contact point for online dispute resolutions (RSO). Also claims of the
operator towards users (consumers) may be invoked by means of the
European platform. A complaint may be filed by means of the online
dispute resolution (RSO) platform available at the
website http://ec.europa.eu/consumers/odr/index_en.htm. The
alternative online dispute resolution saves money and time, because
the complaint will be handled within 90 days and without any significant
expenses. Should there arise any problems, the user may also contact
the operator by e-mail.
8. Personal Data Protection
8.1. Any personal data provided by customers in orders for goods or
customer registrations made by means of the internet shop
www.svahy.com are being collected, processed and stored in
compliance with Act No. 122/2013 Coll. on Personal Data Protection
(hereinafter referred to as the “Personal Data Protection Act” or
“PDPA”). Personal data are provided when the order is sent or when a
customer account is registered, namely in the extent of the data
indicated in the order form or in the registration form.
8.2. By sending an order or by conclusion of a purchase contract, the
customer gives, in compliance with Act No. 122/2013 Coll., consent to
the Seller to the processing, collection and storage of his/her personal
data for the purpose of conclusion of the purchase contract, handling of
orders and related communication with the customer, but, also after
successful handling of the order, for the purposes of performance
under the contract and keeping the relevant records (for instance, in
relation to the handling of complaints, bookkeeping, and the like),
namely until written withdrawal of his/her consent to such processing.
Personal data are being processed in the following extent: first name,
surname, address, phone number, e-mail address. The customer shall
have the right to have access to his/her personal data, the right to have
them corrected, including other statutory rights associated with such
data. The Seller does not disclose, publish or make available personal
data of customers to any other person, except for the companies which
secure transport of goods to whom the personal data of customers are
provided in the minimum extent necessary for the purposes of delivery
of the goods.
8.3. According to Act No. 122/2013 Coll., a customer shall have the
following rights in connection with personal data processing, in
particular:
8.4. A customer shall have the right to request from the Seller based on a
written request:
8.4.1. a confirmation as to whether personal data concerning him/her
are being processed or not;
8.4.2. in a generally intelligible form, information on the processing of
personal data in the information system in the extent according
to the second through sixth points in Article 15(1)(a) through (e);
if a decision according to Article 5 has been issued, the data
subject is entitled to acquaint himself/herself with the procedure
of processing and evaluation of operations;
8.4.3. in a generally intelligible form, precise information on the source
from which the Seller has received his/her personal data for
processing;
8.4.4. in a generally intelligible form, a list of his/her personal data that
are subject to the processing;
8.4.5. rectification or destruction of his/her incorrect, incomplete or not
up-to-date personal data, which are subject to the processing;
8.4.6. destruction of his/her personal data where the purpose of
processing of such personal data no longer exists; if official
documents that contain personal data are subject to the
processing, the customer may request their return;
8.4.7. destruction of his/her personal data which are subject to the
processing if law has been breached;
8.4.8. blocking of his/her personal data for the reason of withdrawal of
his/her consent before its expiry if the controller processes the
personal data based on the consent of the data subject.
8.5. A customer shall have the right to exercise towards the Seller the right
to object based on a written request to:
8.5.1. the processing of his/her personal data in which case the
customer expects that they are or will be processed for the
purposes of direct marketing without his/her consent, and
request their destruction;
8.5.2. the use of personal data referred to in Article 10(3)(d) for the
purposes of direct marketing by mail; or
8.5.3. the provision of personal data referred to in Article 10(3)(d) for
the purposes of direct marketing.
9. Final Provisions
9.1. Supervision over the provision of services is performed by the Slovak
Trade Inspection, P.O. Box 29, Prievozská 32, 827 99 Bratislava.
9.2. These General Business Terms and Conditions and all purchase
contracts concluded on the basis of these General Business Terms and
Conditions shall be governed by the legal regulations valid in the
Slovak Republic.