General Business Conditions (GBC)
online store wpgce.sk, wpgce.com, wpgce.cz, wpgce.net, wpgce.org, wpgce.info and wpgce.eu
I. Introductory provisions and definitions
1. These General Business Conditions (hereinafter referred to as "GBC") are governed by legal relations between
Business name: Roman Moravec - WPG CENTRAL EUROPE
Place of business: 91441 Nemšová, Kukučínova 2098/1A, Slovenská republika
Registered in: Okresný úrad Trenčín, Small-business register No: 350-30961
IČO (Identification number of company): 46041214
DIČ (TIN): 1076331575
VAT registration number for
services, only: SK1076331575
Email: firstname.lastname@example.org; Tel. No.: +421 907 673 369.
2. The seller is simultaneously an
electronic system operator through which it operates an online store on domains
called wpgce.sk, wpgce.com, wpgce.cz, wpgce.net, wpgce.org, wpgce.info, wpgce.eu(hereinafter
referred to as "online store").
3. The supplier of merchandise and services offered in the online store is the seller.
4. A buyer is any person (natural person or legal person) who has completed and sent an order through the seller's online store and who has received an email notification of receipt of the order. The buyer is also any person who has entered the order by telephone or by sending an email.
4.1. A consumer is a buyer who, when concluding a purchase contract through the online store of the seller, does not act in the course of his business.
5. Products are merchandise or services that are intended to be sold and are also published in the seller's online store.
6. The competent authority exercising supervision of the Consumer Protection Code shall be:
Inšpektorát SOI pre Trenčiansky kraj
(SOI Inspectorate for Trenčín´s County)
Hurbanova 59, 911 01 Trenčín
Odbor výkonu dozoru
tel. no.: 032/640 01 09
fax no.: 032/640 01 08
7. In cases of any complaints or suggestions, the consumer may also address these ones directly to the seller, and we encourage buyers to use the seller's email address to send complaints and suggestions to the seller: email@example.com
Any complaint will be assessed and equipped within 10 working days in accordance with the legislation of the Slovak Republic and about it processing we inform the consumer in the same form as the consumer's complaint or he/she submitted the complaint to the seller.
II. Product order-conclusion of the purchase contract
1. A proposal to conclude a purchase contract by the buyer is the order of the products made through an electronic order form in the seller's online store, or other remote means (e.g. e-mail, telephone, fax, etc.). In the case of payment for products before delivery to the buyer, the purchase price shall be deemed to have been paid on the date of the payment of the funds to the seller's account.
2. The acceptance of the product order by the seller and thus to the conclusion of the purchase contract occurs on the basis of written confirmation (electronically) acceptance of the order, whereby the seller informs the buyer that the product order has been accepted and then the seller informs the buyer of the award of the order for dispatch.
3. The purchase contract is concluded for a fixed period and ceases to be the subject of the seller's and buyer's obligations.
4. The purchase contract may also be extinguished by agreement of the contracting parties, by the resignation or termination thereof.
5. It shall at the same time inform the buyer that it does not make the order conditional upon acceptance of the terms and conditions, in respect of the SOI decision issued under the written file no. SK/0677/99/2015.
III. Purchase price and payment terms
1. The price of merchandise and services ordered through the online store (hereinafter referred to as the "purchase price") is given separately for each product and is valid at the time when the order is created by the buyer.
2. The basic means of payment is EURO currency.
3. The purchase price of merchandise and services is clearly stated in the online store. By sending the order the buyer will accept the purchase price. The purchase price of the products does not include transport costs or other costs related to the delivery of the products.
IV. Payment Methods
1. You can pay for merchandise and services in the online store of the seller in the following methods:
1.1. Payment via GP Webpay payment gateway (MasterCard, Visa, GooglePay or Masterpass) - Fee: 5.70,- Eur,
1.2. Payment via PAYPAL
payment gateway - Surcharge (fee): 7.70,- Eur,
1.3. Payment to the seller's bank account - In case of payment to the account, the buyer is required to pay all the costs of the transfer, i.e. the payment code "OUR" and not "SHA". Payments within the EU are paid through SEPA payments, i.e. the transfer is essentially free of charge.
V. Delivery of products
1. The product is dispatched to the seller within 7 working days of the date of conclusion of the purchase contract. If the buyer has chosen as a means of payment, the advance payment to the seller's account, the product is dispatched by the seller within 7 working days from the date when the purchase price was wired to the seller's account. In the case where the product is not in the seller's warehouse or other objective has occurred which exclude the delivery of the product, the seller undertakes to deliver the product no later than 90 working days from the date on which the order is confirmed by the seller. In the case where the method of payment is chosen in advance to the seller's bank account, or through GP Webpay or PAYPAL payment gateways, the seller will deliver the product within 90 working days from the date when the purchase price was wired to the seller's account.
1.1. The seller must supply the products to the buyer in the quantity and quality ordered together with the tax documents (invoice or invoices) relating to the order and other documents, if any, and are typical of the products or services in question.
2. If the seller cannot deliver the ordered product to the buyer for objective reasons, despite the fact that the purchase contract has been concluded, he shall forthwith inform the buyer and, within 15 days, return the purchase price paid for the product, if contracting parties shall not agree on a replacement transaction. By returning the purchase price paid, the contractual relationship between the seller and the buyer automatically terminated.
2.1. The seller in accordance with Article V, paragraph 2. of these GBS will return the purchase price paid by the buyer in the same form as it was paid by the buyer. The change of the form of a refund of the purchase price is only possible with the buyer's approval.
3. The place of delivery of the ordered product is the address indicated by the buyer in the order.
4. The supply of the product by the seller shall be carried out by its own means to the buyer's hands (or to the authorized person to take over the product that was authorized for such an action by the buyer on basis of written authorization) or through third parties (shipping and delivery companies).
5. The delivery of the product is completed by its physical passing to the buyer (or to the authorized person to take over the product that was authorized for such an action by the buyer on basis of written authorization).
6. The seller may send merchandise which is immediately available to the buyer and the remainder of the order shall be delivered in addition to the statutory period, but provided that no additional postage (shipping) fee is charged to the buyer, except that which has been counted in the time of order, but only in cases if the buyer agrees.
VI. Receipt (acceptance) of the product
1. The risk of damage to the product and liability for damage to the product passes to the buyer by its receipt (acceptance), and it does not matter whether the buyer takes over the product in person or through a designated/an authorized third party (person).
2. The right of ownership passes from the seller to the buyer in the time of delivery and proper acceptance of the merchandise or services.
2.1. The buyer shall, inter alia, have the right not to take over (receipt or accept) the delivered product from the carrier, when another type of an object is supplied or in cases:
a) the supply of an object which is contrary to a closed purchase contract (other or damaged matter);
b) the supply of an object in the damaged package;
c) the supply of an object without the relevant documents.
2.2. If the object is delivered to the buyer in accordance with paragraph 2.1 of this Article, the buyer shall have the right to provide with free and without undue delay the object by the seller in accordance with the agreed terms in the purchase contract, either by exchanging the object of delivery or its repairing. If such a procedure is not possible, the buyer has the right to request a discount from the purchase price or to dispose of the purchase contract.
2.3. The buyer shall be obliged to pay the duly delivered merchandise or service properly and in time.
VII. Delivery - means of shipping of products and price for their transport
1. The delivery costs of the seller are not included in the purchase price of the product. These will be quantified in the automatically generated invoice or in the quote sent by email or will be listed when filling out the order form on the seller's website and the buyer undertakes to pay them together with the purchase price. An integral part of transport costs is the price of the packing material (envelope, box, adhesive tape, rope, fixation material, etc.), hereinafter referred to as "wrapping".
2. Methods of delivery and the cost of shipping of the products ordered:
2.1. Forms of shipping:
2.1.1. Slovak Postal Service (express deliveries) - just for the territory of Slovakia,
2.1.2. Slovak Postal Service - just for the territory of the Czechia,
2.1.3. Slovak Postal service - just for regions outside of countries referred to in subparagraph 2.1.1. and 2.1.2.
2.2. Prices of delivery:
2.2.1. Delivery price within Slovakia:
Package (delivery and wrapping) up to 1 Kg - 7,- Eur,
Package (delivery and wrapping) up to 5 Kg - 8,- Eur,
Package (delivery and wrapping) up to 10 Kg - 9,- Eur,
Package (delivery and wrapping) up to 15 Kg - 10,- Eur.
2.2.2. Delivery price to Czechia:
Package (delivery and wrapping) up to 1 Kg - 10,- Eur,
Package (delivery and wrapping) up to 5 Kg - 13,- Eur,
Package (delivery and wrapping) up to 10 Kg - 16,- Eur.
2.2.3. Delivery price to Poland, France, Belgium, The Netherlands, Germany, Finland, Sweden, Norway and Switzerland:
Package (delivery and wrapping) up to 1 Kg - 18,- Eur,
Package (delivery and wrapping) up to 5 Kg - 28,- Eur,
Package (delivery and wrapping) up to 10 Kg - 40,- Eur.
2.2.4. Delivery price to United Kingdom (temporary postponed till 1/1/20021-Brexit!):
Package (delivery and wrapping) up to 1 Kg - 18,- Eur,
Package (delivery and wrapping) up to 5 Kg - 28,- Eur,
Package (delivery and
wrapping) up to 10 Kg - 40,- Eur.
2.2.5. Delivery price to USA, Canada, Japan, New Zealand, Australia (temporary postponed because of CIVID-19 measures!) and Hong Kong:
Package (delivery and wrapping) up to 1 Kg - 20,- Eur,
Package (delivery and wrapping) up to 5 Kg - 47,- Eur,
Package (delivery and wrapping) up to 10 Kg - 80,- Eur.
2.2.6. Deliveries to other countries outside Slovakia, Czechia, Poland, France, Belgium, Netherlands, Germany, Finland, Sweden, Denmark, Norway, Switzerland, United Kingdom, USA, Canada, Japan, New Zealand, Australia and Hong Kong are calculated individually according to the place of dispatch and their quote are notified to the buyer upon receipt of the order, before the physical dispatch of the ordered object to the buyer.
VIII. Withdrawal of the buyer from the purchase contract without giving a reason
1. The consumer shall be entitled, without giving a reason to withdraw from the purchase contract within 14 calendar days of receipt of the merchandise, if the seller duly and in good time fulfilled the information obligations in accordance with § 12 of the Act No. 102/2014 Coll. If the seller has fulfilled such information obligations in addition, the consumer is entitled to withdraw from the contract within 14 calendar days of the date on which the seller has additionally fulfilled the information obligation, but no later than 12 months after the start of the withdrawal period, the withdrawal period expires after 14 days from the date on which the seller fulfilled the information obligation.
If the seller has not provided the consumer with an instruction on the right to withdraw from the purchase contract or within the additional time limit of the foregoing, the withdrawal period expires after 12 months and 14 days from the date of commencement of the statutory withdrawal period.
2. The consumer shall, if he wishes to use this right, withdraw from the purchase contract to report to the seller at the latest on the last day of the specified time limit, or to pass the withdrawal to the postal service no later than the last day of the time limit at the address of the seller, which is: Roman Moravec - WPG CENTRAL EUROPE, 91441 Nemšová, Kukučínova 2098/1A, Slovenská republika. The consumer is obliged to send the merchandise back to the seller or to the person authorized by the seller to take over the merchandise no later than 14 days from the date of withdrawal. This does not apply if the seller suggests that the merchandise will be picked up personally or by the person authorized by the seller. The period referred to in the first sentence shall be deemed to have been retained if the merchandise has been handed over to shipping no later than the last day of the period. (§ 10 subparagraph 1 of the Act No. 102/2014 Coll.).
3. Withdrawal from the purchase contract may be made to the seller in a written form or in the form of a registration on another durable medium (e.g. email message). The withdrawal of the contract may also be affected through the form about an abandonment of the purchase contract that is available on the seller's website. The consumer is also entitled to withdraw from the purchase contract orally, by a clearly formulated statement of the consumer expressing his will to withdraw from the purchase contract. We encourage the consumer to indicate in the withdrawal from the purchase order the number of the order, the date of purchase, the type of the abandoned merchandise, the first name and surname, the address and eventually the number of the account to which it will be returned (rewired) all payments sent by the seller from the abandoned purchase order if it decides that it asks to send the payment for the merchandise on the account number indicated thereon. Otherwise, the seller returns (rewire) the payment for the merchandise to the consumer in the same manner as the consumer used in his payment.
4. After the abandonment of the purchase contract, the contracting parties shall be obliged to return the transactions granted to each other. The consumer is only responsible for reducing the value of merchandise resulting from such treatment of merchandise, which is beyond the treatment necessary to determine the characteristics and functionality of the merchandise. The consumer is not responsible for reducing the value of the merchandise in cases that the seller has not been informed of the possibility to withdraw from the purchase contract, conditions, time limit and procedure for exercising the right of withdrawal. If the value of the merchandise has been reduced due to the handling of the merchandise, which is beyond the treatment necessary to determine the characteristics and functionality of the merchandise (e.g. the merchandise will be damaged). The consumer shall be liable to the seller for the damage thus occurred. In particular, the use of merchandise shall be regarded more than necessary to determine the nature, characteristics and functionality of the merchandise in relation to the determination of the characteristics and functionality of the merchandise. In particular, the costs of placing the product in the previous state will be considered as a reduction in the value of the merchandise.
5. You can use the sample of a form about an abandonment of the purchase contract, which is for free to download and to inspection, respectively for a potential usage. The form provided is freely accessible for an inspection and the download on the seller's website.
6. If the consumer will make the abandonment of the purchase contract in accordance with the Act No. 102/2014 Coll, he shall bear the costs of returning the merchandise to the seller in accordance with § 10 subparagraph 3 of the Act No. 102/2014 Coll., and if it abandoned from a purchase contract made on the distance, the costs of returning merchandise which, owing to its nature, cannot be returned via postal service. This does not apply if the seller has agreed to bear it alone or if he has not fulfilled the obligation in accordance with § 3 subparagraph 1 (i) of the Act No. 102/2014 Coll.
7. The online store operator shall reimburse the performance paid for the merchandise/service, including the cost of shipping of the meaning of provisions of § 9 subparagraph 3 of the Act No. 102/2014 Coll., as well as the costs proven to be incurred for ordering the merchandise within 14 days of the date of receipt of the abandonment of the purchase contract.
8. The seller is not obliged to pay additional costs to the consumer if the consumer has expressly chosen a different method of service than the cheapest usual method of service offered by the seller. Additional costs mean the difference between the cost of service chosen by the consumer and the cost of the cheapest usual method of service offered by the seller.
9. Shipments sent in the event of the abandonment of the purchase contract as the cash in delivery shipments will not be taken by us. We recommend to our customers to send the returning products via a registered mail.
10. The right of the abandonment of the purchase contract shall not apply to merchandise and services as defined in provisions of § 7 subparagraph 6 (a) to 6 (l) of the Act No. 102/2014 Coll.
- merchandise made to order or to contract (merchandise made according to specific consumer requirements, merchandise made on a customized basis or merchandise intended separately for one consumer),
- merchandise that is rapidly reduce of quality or perishable foodstuff (food, cakes),
- merchandise enclosed in a protective package which is not appropriate to return for reasons of health or for hygienic reasons and whose protective packaging has been infringed after delivery (underwear, sterile packaging, etc.),
- unpacked CD, DVD, computer games (sale of phonograms, figurative recordings, phonographic recordings, books or computer software sold in the protection package, if the consumer has unpacked the packaging),
- newspapers, journals and unwrapped books (sale of periodic printing, excluding sales under the subscription agreement and sale of books not supplied in the protection package),
- so called digital download - provision of electronic content other than on a tangible medium, if its provision is initiated with the express consent of the consumer and the consumer has declared that it has been properly instructed that the expression of such consent loses the right of the abandonment of the purchase contract,
- the sale of merchandise or the provision of a service the price of which depends on the movement of the prices on the financial market which the seller cannot influence and which may occur during the period of the abandonment of the purchase contract,
- the sale of merchandise which may be inextricably mixed with other merchandise in respect of their nature after delivery,
- the shipment of merchandise, the renting of cars, the provision of catering services or the provision of services relating to free-time activities and under which the seller undertakes to provide such services at the agreed time or within the agreed period,
- the execution of urgent repairs or maintenance specifically requested by the consumer by the seller (this does not apply to service contracts and contracts which are subject to the sale of merchandise other than spare parts necessary for the repair or maintenance operation, if concluded during the seller's visit to the consumer and the consumer did not order those services or merchandise),
- the provision of the service where its provision has been initiated with the express consent of the consumer and the consumer has declared that it has been duly instructed that the expression of such consent loses the right of withdrawal after the full provision of the service, and if the total provision of services,
- the sale of alcoholic beverages the price of which has been agreed at the time of conclusion of the contract, the delivery of which may be made at the earliest after 30 days and the price depends on the movement of prices on the market which the seller cannot influence.
12. In cases of the abandonment of the purchase contract, the seller is obliged to return the funds to the consumer in the same form as it has received from the consumer. Changing the form of repayment of funds to the consumer is only possible by consumer consent.
IX. Alternative Dispute Resolution
1. Where the consumer is not satisfied with the manner the seller has handled his claim or considers that the seller has infringed his rights, the customer shall have the right to apply to the seller with a request for redress. If the seller, at the request of the customer under the previous sentence, answers the rejection or does not reply to such request within 30 days of the date of dispatch to the customer, the customer shall have the right to bring an alternative dispute settlement under the provisions of provision § 12 of the Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendments to certain laws. The competent entity for alternative dispute resolution with the seller is the Slovak Trade Inspection (SOI) or other relevant authorized legal person registered in the list of Alternative Solutions Entities (ASE) held by the Ministry of Economy of the Slovak Republic (the list is available on the https://www.mhsr.sk/ site or directly here; the customer has the right to choose which of these alternative dispute resolution entities. The customer may use the online dispute resolution platform, which is available on the https://ec.europa.eu/consumers/odr/, website or directly here. Any further information concerning alternative dispute resolution between the seller and the buyer-consumer arising from the purchase contract as a consumer contract or related to a purchase contract as a consumer contract is provided on the website of the Ministry of Economy of the Slovak republic www.mhsr.sk and in the Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and amending certain laws.
X. Final Provisions
1. The seller reserves the right to change GBS. The obligation to notify the modification of GBS is fulfilled by its location in the seller's online store. In the event of a change in GBS, the relationship between the buyer and seller shall be governed by GBS applicable and effective at the conclusion of the purchase contract, until the moment of its demise.
2. Contractual relations (as well as other legal relationships which may arise from a contractual relationship) with natural persons, which, when concluding a purchase contract under GBS, do not act within the scope of their business, are subject, in addition to the general provisions of the Act No. 40/1964 Coll. the civil code as amended, also special regulations, in particular the Act No. 102/2014 Coll. on consumer Protection for the sale of goods or services under a purchase contract on distance or contract concluded outside the seller's premises and the Act No. 250/2007 Coll. on consumer protection.
3. Contractual relations (as well as other legal relationships which may arise from a contractual relationship) with legal persons or natural persons - small business companies acting within the course of their business are subject to the provisions of the Act No. 513/1991 Coll. commercial code as amended.
4. These GBS form an integral part of the complaint's procedure and the principles and privacy practices of this online store. Documents - Return Policy and GDPR are published on the seller's Internet store domain.
5. These GBS shall enter into force and the effectiveness of their publication in the online shop of the seller on 19th of September 2020.