General terms and conditions of Garage Sport s.r.o. (Ltd.) Company – proprietor of the internet shop www.blackhilloutdoor.com
I. THE BASIC PROVISIONS
- General terms and conditions (hereinafter referred to as “T&C”) regulate the rights and the obligations of both parties under the contract of sale concluded remotely between the seller and the customer, the subject of which is the product sale through the internet shop at the internet website blackhilloutdoor.com (hereinafter referred to as “e-shop”).
Garage Sport s.r.o. (Ltd.)
977 01 Brezno
Company ID (IČO): 47 357 380
Tax ID (DIČ): 2023839488
Phone: +421 948 465 876
Banska Bystrica District Court Commercial register entry, department: s.r.o. (Ltd.), insert number 24752/S
(hereinafter referred to as “seller”)
Customer is every person (consumer) or corporate body (business entity) who buys products by phone, e-mail order, or through the e-shop.
(hereinafter referred to as “customer”)
- Customer – Consumer
In accordance with § 2, letter a) Act no. 250/2007, of the Consumer protection collection as amended in thereafter legal regulations (hereinafter referred to as “Consumer protection”), the Customer – Consumer is a person who does not act on behalf of their business, work or job during realization and closing of the sales contract.
- Customer – Business entity
In accordance with § 2, section 2, Act no. 513/1991 of the Commercial code collection as amended in thereafter legal regulations (hereinafter referred to as “Commercial code”), the Customer – Business entity is:
– A person registered in the Commercial register
– A person who does business under a Trade license
– A person who does business under other than Trade license according to the special regulations
– A person who does business in agricultural sector and who is registered and filed according to a special regulation
The e-shop is the seller’s internet shop on the website www.blackhilloutdoor.sk and www.blackhilloutdoor.com (hereinafter referred to as „eshop“).
The products are all goods published for sale through the e-shop at www.blackhilloutdoor.sk and www.blackhilloutdoor.com.
When customer orders products from the seller through the e-shop, it means the order is customer’s proposal for realization of sales contract. By confirming the order by the seller, it becomes the sale contract.
- Customeragrees to use the e-shop website and email to communicate between both parties under the sales contract.
- Supervisory Authority
Slovak Commercial Inspection (Slovenská obchodná inšpekcia – SOI)
SOI Inspectorate for Banska Bystrica region
Department of Supervision
Dolna 46, 974 00 Banska Bystrica 1, Slovakia
Phone: +421 48 412 4969, +421 48 415 1871, Fax: +421 48 412 4693
II. CLOSING THE SALES CONTRACT
- The product list on the seller’s e-shop website is a catalogue of normally available products although the seller does not assure instant availability of all of them. Product availability will be confirmed to the customer upon his/her enquiry.
Besides normally available products, customer can individually propose realization of the sales contract by requesting to have a product made on his/her individual demand. That means the seller makes particularly specified product for one customer (hereinafter referred to as “custom-made product”). The custom-made product nature results in the specified terms of sale quoted in the relevant legal commercial regulations and these terms and conditions.
The customer interested in a custom-made product can send enquiries and price query to the seller through email at firstname.lastname@example.org
- The products offered by the seller can be ordered through e-shop's order form, by email (at email@example.com) or by phone at +421 948 469 636.
- The order made by email or by phone must include:
– Customer’s first name and surname
– Shipping address
– Customer’s phone number or email
– Product order code or exact product name
– The size and amount of each item required
– Date of order
– Payment method
– Type of transport for order delivery
In the case customer is a Business entity:
– Company ID and Tax ID
– Contact name and phone number
– Invoice address (if different than shipping address)
When shopping through e-shop, customer selects chosen product and adds it into the basket by clicking “add to basket”. At the end of shopping, customer fills in shipping information and checks the basket of ordered products by clicking “continue in order”. After signing into registered user’s online account, customer sends the order by clicking “order with the obligation to pay”. Before the order is shipped, the customer is able to revise, correct and adjust the order accordingly.
- The order made through whichever form of distant communication is binding. By confirming and sending the order, customer acknowledges the obligation to pay for products.
- The seller confirms receiving customer’s order. by email. The sale contract is finalized when seller’s order confirmation is received by the customer. Closing the sale contract is binding, any changes or cancellation is possible only by agreement of both contracting parties (seller and customer), by these T&C or on the legal grounds.
- The customer has the right to cancel the order free of charge by email or by phone within 24 hours from submitting the order.
III. CONTRACTING PARTIES' RIGHTS AND OBLIGATIONS
Contracting parties are the seller and the customer.
- The seller is obliged
– To supply the customer with products in required quality, quantity, price and within the agreed time in accordance with the order confirmed by the seller.
- To pack and ship the order in a way the product is protected and safely delivered to the customer.
- To supply the customer with all the necessary documents (either in printed or in electronic form) in order to receive the product and use it properly, as well as any other documents specified by the legal regulations. The documents need to be delivered at latest together with the product delivery.
- The seller has the right
– From the customer for proper, full and on-time payment for supplied products.
– To cancel the order either if the stock is sold out, or if the product is not available and the seller is not able to deliver the product to customer in the time agreed by these T&C, or for the price quoted on e-shop's website, unless both seller and customer agree on any alteration to the order
The customer will be informed about order cancellation by email or phone. When payment is already received by the seller, this payment will be returned to the customer’s bank account within 15 days, unless otherwise agreed.
- The Customer is obliged
– To accept ordered and purchased product
– To pay the seller agreed price in the agreed time including shipping costs, unless both contracting parties agree otherwise.
– Not to slander seller’s business.
- The Customer has the right
– to receive the product in required quantity, quality, at the agreed shipping address and in the agreed delivery time after the order was confirmed and accepted by both sides
IV. PRODUCT PRICE CONDITIONS
- Each product price as listed on the e-shop website is up to date and valid, in Euro currency including VAT.
- The custom-made product price is individually calculated upon customer’s request and his/her requirements of the product.
- The product price listed at the time of order is valid during the whole ordering process, regardless of later price change.
- Total cost is inclusive of the tax and all charges, including packaging and shipping costs.
- The seller sends the original invoice (tax document) and maintenance manual to the customer together with the product. The original invoice serves as a delivery document and the warranty certificate at the same time.
V. TRANSPORT CHOICE
- Customer can choose from the following delivery methods:
– By GLS courier
– By Slovak Postal service
– Collecting the order in person at seller’s premises
- Further delivery details can be found on e-shop website within the transport section.
VI. TERMS OF PAYMENT
- As per sale contract, customer is obliged to pay the seller agreed price includingshipping costs within the agreed time or at latest when accepting the product.
- The Customer can pay by any of the following methods:
– In cash when collecting the order in person at the seller's premises,
– Cash on delivery (COD),
– With the bank transfer of invoice payment in advance, or by the bank lodgement to the seller’s bank account.
- The customer selects the preferred payment method in eshop's order
- By submitting the order, the customer agrees with the payment obligation, product price, delivery costs and with the selected payment method.
VII. DELIVERY TERMS
- The seller is obliged to deliver order within 30 days from closing the sales contract. In the case of bank transfer, the day of closing the contract is the day when the bank transfer is finalized in the seller’s bank account.
- The custom-made product will be delivered to customer within the time period agreed between both contracting parties.
- The order will be delivered as per customer’s delivery choice at the time of order realization. The customer will receive an email when the order is dispatched.
- If it is not possible to deliver order within the specified time, both contracting parties can agree to allow additional time for delivery.
- The customer is obliged to accept the product personally at the shipping address as stated within the order, or make sure that it is accepted by the person authorized by the customer.
- The seller is not responsible for delivery delay and parcel damage if:
– The customer did not provide all necessary information with the order subsmission
– The customer provided incorrect information.
- From the time when parcel is given to the freight agent for delivery, they are responsible for any damage caused while the parcel is in transportation. Due to this fact, the customer or person authorized by the customer needs to check the parcel for any possible damage caused during transportation when accepting the parcel from the freight agent.
In the case when parcel is damaged, customer can refuse parcel delivery, or accept parcel and with the freight agent they immediately make a record of damage caused during transportation into the report.
- In the case customer finds that product is damaged or notices any other fault only after accepting the parcel, customer must immediately notify the seller about the problem by email at firstname.lastname@example.org
- If the customer does not collect the order within the agreed time, the seller is entitled to charge the customer a storage fee.
VIII. OWNERSHIP ACQUISITION AND TRANSITION OF PRODUCT DAMAGE RISK ONTO THE CUSTOMER.
- The customer acquires product ownership after the full payment is received, and the order is accepted at the selected delivery address.
- The product damage risk passes onto the customer after the order is accepted.
IX. THE SALE CONTRACT WITHDRAWAL
- The sale contract withdrawal by Customer – Consumer is in accordance with relevant legal regulations of the Act. no. 102/204 of the Collection.
- The consumer is entitled to withdraw from the distant sale contract without giving any reason within 14 days. The time period starts with the date of delivery.
- The consumer can withdraw from the contract the subject of which is the order yet to be delivered even before the time period specified in point 2 starts (before the order is delivered).
- In accordance with § 7 section 6 letter c) Act no. 102/2014 of Coll., consumer can not withdraw from the contract if the subject of contract is sale of product made on his/her individual demand, the custom-made product, or specified product made particularly for the customer. In accordance with these T&C and above mentioned Act it is not possible to withdraw from the contract when subject of it is a custom-made product.
- The consumer can exercise the right to withdraw from the contract with the seller in writing, sending a letter or by e-mail. Consumer can also use the contract withdrawal formwhich is published on the e-shop website.
- Written instrument of legal action to withdraw from the contract (a letter or e-mail) can be sent by post to the following address: Garage Sport s.r.o. (Ltd.), Razusova 15, 977 01 Brezno, Slovakiaor by e-mail at email@example.com
- If the contract withdrawal notice is sent within the given period of 14 days, this shall be regarded as the consumer adhered to the time period.
- The consumer is obliged to send the product or bring it personally to the seller, or to person authorized by the seller, within 14 days from the day of contract withdrawal, this is “product return” time period.
If the product is sent within 14 days, then it shall be regarded as the consumer adhered to the product return time period. Consumer sends or brings the order back to the seller at this address: Garage Sport s.r.o. (Ltd.), Razusova 15, 977 01 Brezno, Slovakia.
The consumer must contact the seller in advance to arrange the date and time if he/she brings the order back in person.
- The consumer is obliged to return the complete order including all the documents, undamaged, clean, in the original value and condition, and if possible with the original packaging as accepted at the time of delivery. Otherwise consumer is responsible for reduced product value as a consequence of incorrect product handling which is beyond normal initial product handling and checking for its quality, use and function.
- The seller is required to return all payments received from consumer on the basis of the sale contract without any delay within 14 days from the day when the withdrawal written notice is received by the seller. The contracting parties can agree that instead of payment return the seller will exchange returning product for another one selected by consumer from the available product list and to the value equivalent to the value of exchanging product.
- In the case of contract withdrawal the subject of which is product sale, the seller is not required to return all payment before receiving the product back or consumer does not prove that he/she sent the order back to seller. However , this does not apply if the seller suggests that he/she or the authorized person collects the order personally.
- The seller is not obliged to pay any additional shipping cost to consumer, if he/she selects delivery method different from the cheapest delivery method offered by the seller. The difference between these two methods is the additional shipping cost.
- In the case of contract withdrawal the consumer bears the shipping cost when sending back and returning the order to the seller or to the person authorized by the seller to receive the product returns.
- In the case of contract withdrawal the consumer is responsible for reduced product value as a consequence of incorrect product handling which is beyond normal initial product handling and checking for its quality, use and function.
- The seller recommends to customer to insure the products which he/she is returning, due to the fact that he/she bears the product damage risk until the returns are received and accepted by the seller.
- The seller reserves the right to reject returns delivery if it is sent by cash on delivery (COD) method.
- The sale contract withdrawal by the customer – business entity is regulated by relevant legal regulations of Commercial code collection.
X. ALTERNATIVE DISPUTE RESOLUTIONS
- The legal relations emerging between the seller and customer using the e-shop and sale contract realization are regulated by the legal order of the Slovak republic.
- Legal relation participants – both contracting parties agreed that in the event of a dispute, jurisdiction is given to the courts of the Slovak republic.
- In the case of a dispute between the seller and consumer, the consumer is entitled to request a rectification from the seller if consumer is not satisfied with his complaint resolution or if he/she believes the seller breached his/her rights. The request for rectification can be sent by e-mail at firstname.lastname@example.org by post to the seller’s contact address.
If the seller’s answer to this rectification request is negative or he did not answer within 30 days from receiving the request, the consumer has the right to submit a proposal for alternative dispute resolution to one of the offices – subjects of alternative dispute resolutions.
- The alternative dispute resolution conditions are in accordance with relevant legal regulations of the Act. no. 391/2015 of Alternative dispute resolutions collection.
- The consumer can submit proposal for alternative dispute resolution to relevant alternative dispute resolution office that is a legal entity registered at the Department of Home Affairs of the Slovak republic. One of the said offices is Slovak Commercial Inspection (Slovenská obchodná inšpekcia – SOI), which you can contact with any consumer dispute at this link:
- The proposal for resolution can be registered in a letter form, e-mail or verbally reported into a record book. The consumer may submit the proposal by electronic form that can be found on seller’s e-shop website: blackhilloutdoor.skor on the website of Department of Economy of the Slovak republic
and at every relevant alternative dispute resolution office.
- The consumer can also submit a complaint for alternative dispute resolution through the online form on EU RSO Office's website:
The consumer may choose how and at which office he/she will seek the alternative dispute resolution.
- Only consumer can request dispute resolution at some of the relevant alternative dispute resolution offices.
- Together with the proposal, customer encloses all the necessary documents to support the facts presented in his/her proposal for alternative dispute resolution.
- The alternative dispute resolution office can reject the proposal as it is specified and provided by the law, for example:
– If total dispute value is lower than 20€,
– If a consumer submits proposal for resolution later than within one year from the day of accepting seller’s negative answer or after 30 days expired without the seller’s answer to the dispute rectification request.
- The alternative dispute resolution is free of charge in principle. Alternative dispute resolution office can request and charge the consumer a fee for beginning the alternative dispute resolution process up to 5€.
- The alternative dispute resolution office proceeds with the alternative dispute resolution by solving the dispute as fast as possible, prevents unnecessary delays, acts economically, and without any additional and unreasonable straining of both contracting parties and other people. If possible, communication is mainly carried out by email or phone contact.
- The alternative dispute resolution office will complete solving the alternative dispute resolution within 90 days from the day when this process started.
In the particularly complicated cases, the alternative dispute resolution office can extend the period specified in the first sentence by additional 30 days and even repeatedly if necessary.
The alternative dispute resolution office is obliged without any delay to inform both contracting parties about every dispute resolution extension and also it has to state reason for the extension of solving the dispute.
- If both contracting parties of the dispute do not reach agreement, and the alternative dispute resolution office (on the basis of the facts determined throughout solving the dispute) reaches valid conclusion that the seller breached consumer’s rights, as per legal regulations of Consumer protection collection, it will close alternative dispute resolution by releasing the justified decision.
XI. WARRANTY AND COMPLAINT TERMS
- The seller provides customer with warranty on sold products. The warranty is provided as per conditions specified by legal regulations of the Slovak republic.
- If not stated otherwise, warranty period of all products for customer is 24 months. The warranty period starts with the day of accepting products by customer. The warranty and warranty period for customer – business entity who purchases products on behalf of their business or other commercial activity are in accordance with amended legal regulations of the Commercial code.
- Further warranty, defects and complaint terms are in accordance with relevant regulations of the seller’s complaint procedure, which is listed in the Complaint procedure section at seller's eshop website (www.blackhilloutdoor.sk).
XII. PERSONAL DATA PROTECTION
Personal data protection statement
- The seller treats customer’s personal data in accordance with the Act no. 122/2013 of the Personal data protection collection as amended in thereafter legal regulations.
- By closing the sale contract and sending his/her personal data, the customer agrees with personal data processing (these data include name, surname, postal address, delivery address, phone no., email). This refers to data customer provides by online registering and filling in the order form.
The seller is obliged not to divulge customer personal data without customer’s consent, and guarantees that this data will not be used by the third parties or for any commercial offer use other than promotion of this e-shop, with the exception of a transport company, such as GLS courier or Slovak Postal service, that is provided with minimum of customer’s personal data required for the purpose of product delivery.
- These customer personal data are necessary for the sale contract and payment realization, for order delivery or eventually to provide other related services (such as promotion and other obligations which are in accordance with legal regulations that amend consumer’s protection).
- The seller electronically archives each closed and finished sale contract and only the seller has access to this information. The personal data is protected against any misuse.
- With customer’s consent the seller may use customer’s personal data for his/her marketing purpose, brand promotion and loyalty program for the customer. In this case the customer is referred to as the person concerned.
- The customer can anytime request in written form to delete his/her personal data from seller’s database, upon this request the seller promptly deletes customer’s personal data.
- The rights of the person concerned
The Personal data protection Act provides the person concerned (“person concerned” is each person whose personal data are used) with control how his/her personal data are processed, which is regulated within the rights of the person concerned.
Each person concerned, on the basis of his/her written request, has the right:
– To verify if his/her personal data are or are not processed by the seller,
– To request information in generally understandable form how his/her personal data are used within the information system in accordance with § 15, section 1, from letter a) to e) second to sixth point of the Personal data protection Act.
– To request exact information in generally understandable form about the source from which his/her personal data were obtained and used,
– In generally understandable form to request the list of his/her personal data which are processed,
– To request correction or deletion of his/her incorrect, incomplete or old personal data which are processed,
– To request deletion of his/her personal data when data processing purpose is finished,
– To request deletion of his/her personal data which are processed, if data were used incorrectly and infringement of the law occurred.
– To block the use of his/her personal data on the ground of his/her consent withdrawal even prior expiring of the consent validity time period if the seller processes personal data of the person concerned with his/her consent.
XIII. FINAL PROVISIONS
- These T&C are effective and valid as stated on the e-shop website blackhilloutdoor.skfrom the day the product order is submitted by customer.
- The seller reserves the right to change these T&C anytime when it is required by a change in commercial policy or valid legislation.
- The legal relations between consumer and the seller which are not listed in these T&C are regulated in accordance with the Act no. 40/1964 of the Civil code collection as amended in thereafter legal regulations (hereinafter referred to as “Civil code”), also in accordance with the Act no. 102/2014 of the Consumer protection collection when it is in regards to the product sale or rendition of services on the basis of the sale contract concluded remotely or outside seller’s premises, and about any changes and additions of the legislation as amended in thereafter legal regulation, and also any further related regulations.
- The legal relations between the customer – business entity and the seller which are not listed in these T&C are regulated in accordance of Commercial code legal regulations.
- These T&C are effective and valid since the 1st of June 2017 (01/06/2017).