General Terms and Conditions of the e-Shop www.northfinder.sk

I. Introductory Provisions and Definitions

1. These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the legal relationships between

Business name: NORTHFINDER a.s.
Registered office: Rastislavova 109, 951 41 Lužianky, the Slovak Republic

incorporated in the Companies Register of the Nitra District Court, Section Sa, File No. 10297/N
Company ID No.: 35 933 011

Tax ID No.: 2021994359

VAT ID No.: SK2021994359
Bank account: SK81 0200 0000 0037 4778 2251

The Seller is a VAT/Value Added Tax/payera

(hereinafter referred to as the “Seller”) and any person who is a buyer of goods or services offered by the Seller in the Seller’s e-Shop and who acts as a consumer in accordance with the other provisions of these General Terms and Conditions and applicable Slovak laws defining the consumer, in particular Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Contract made at distance or off the Seller’s Premises and Act No. 250/2007 Coll. on Consumer Protection, as amended.

1.1. Seller’s contact address is:

NORTHFINDER a.s., Levická 7, Nitra 949 01, the Slovak Republic

E-mail: info@northfinder.sk

Tel.: 00421 2 5556 5357

1.2. These General Terms and Conditions govern the legal relationships between the Buyers who are consumers and the Seller.

2. The Buyer is any person (natural person or legal entity) that has filled in and placed an order through the Seller’s e-Shop and received an e-mail notification of receipt of the order. The Buyer is also any person who has placed an order via phone or by sending an e-mail.

2.1. The consumer is a buyer who is a natural person and who does not act within the scope of their business when concluding a purchase contract through the Seller’s e-Shop.

2.2. Contractual relationships (including other legal relationships that may arise from the contractual relationship) with Buyers acting as legal entities, or with natural persons - entrepreneurs acting within the scope of their business activities (buyers who do not act as consumers) - shall be subject to the provisions of Act No. 513/1991 Coll., the Commercial Code, as amended.

2.3. For the purposes of these General Terms and Conditions, a distance contract means a contract between the Seller and a consumer which is agreed and concluded solely by one or more means of distance communication without the simultaneous physical presence of the Seller and the consumer, in particular by using a website, e-mail, telephone, fax, mailing list or offer catalogue.

3. Products are goods or services which are intended for sale and are posted on the website of the Seller’s e-Shop.

4. The Seller is the supplier of the goods and services offered in the e-Shop.

5. The Seller is also the operator of an electronic system through which they run an e-shop on the website www.northfinder.sk (hereinafter referred to as the “e-Shop”).

6. The competent authority supervising compliance with the consumer protection laws is:

Inspectorate of the Slovak Trade Inspection

for the Nitra Region, seated in Nitra

Staničná 1567/9, 949 01 Nitra

Slovak Republic

Contact:
tel.: 037/772 02 16

e-mail: nr@soi.sk

Web complaint link: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

7. Any complaints or suggestions may also be addressed by a consumer directly to the Seller; consumers are recommended to send their complaints and suggestions to the Seller’s e-mail address: info@northfinder.sk

Any complaint shall be assessed and resolved within 10 working days in accordance with the laws of the Slovak Republic. The Seller shall notify the consumer of the resolution of the complaint in the same manner as the consumer has delivered the complaint or suggestion to the Seller.

II. Ordering a Product – Concluding a Purchase Contract

1. A product order submitted by way of an electronic order form using the Seller’s website or by other means of remote communication, such as electronic mail, telephone, fax, a mailing list or an offer catalogue, shall be deemed as the Buyer’s proposal to conclude a purchase contract.

If payment for products is to be made prior to their delivery to the Buyer, the purchase price shall be deemed paid on the date the funds are credited to the Seller’s account.

2. A product order shall be deemed to have been accepted by the Seller, i.e. a purchase contract shall be deemed to have been concluded, upon written confirmation (electronically) of receipt of the order.

3. The purchase contract is concluded for a definite term and terminates upon the fulfilment of the obligations of the Seller and the Buyer.

4. The purchase contract may also be terminated by the consumer’s withdrawal from the purchase contract.


III Purchase Price and Payment Terms

1. The price for the goods and services ordered through the e-Shop (hereinafter referred to as the “Purchase Price”) is listed separately for each product and is valid at the moment the Buyer places an order.

2. The basic currency is EUR.

3. The Purchase Price for goods and services is inclusive of VAT and clearly listed in the Seller’s e-Shop. By submitting an order, the Buyer accepts the listed purchase prices. The Purchase Price of the products does not include the shipping costs or other costs associated with the delivery of the products.

The modes of shipment and shipping charges are set out in Article VII, paragraph 2 et seq. of these GTC. The methods of payment for goods and the charges for those methods of payment are set out in Article IV, paragraph 1 et seq. of these GTC; the Buyer undertakes to pay the charges for the chosen mode of shipment and for the chosen method of payment together with the Purchase Price of the goods, depending on the chosen mode of shipment and method of payment.

IV. Methods of Payment

1. You can use the following methods to pay for goods and services in Seller’s e-Shop:

1.1. cash on delivery (you pay directly to the courier, or at the post office when taking over the goods) – a charge of EUR 0

1.2. bank card payment via payment gate – a charge of EUR 0

1.3. payment by deposit or transfer into the Seller’s account – a charge of EUR 0

V. Delivery of Products

1. The Seller is obliged to fulfil the order and deliver the goods or services to the Buyer within 30 days of conclusion of the purchase contract pursuant to Article II, paragraph 2 of these GTC. However, the standard period of the delivery of goods or services is 3 working days from the date of conclusion of the purchase contract pursuant to Article II, paragraph 2 of these GTC.

1.1. The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality together with the tax documents related to the order and other documents, if any, which are typically associated with the given products or services.

3. The place of delivery of the ordered product is the address specified by the Buyer in the order.

4. The Seller shall deliver the product by own means into the Buyer’s hands (or to a person authorised by the Buyer in writing to take over the product) or through third parties (shipping and forwarding companies).

5. A product shall be deemed delivered when taken over by the Buyer (or by a person authorised by the Buyer in writing to take over the product).

6. The Seller may send the Buyer the goods which are immediately available and shall deliver the remainder of the order additionally within the statutory period, provided that no additional costs are charged to the Buyer and only if the Buyer so agrees.


VI. Taking over the Product

1. The risk of damage to the product and liability for damage to the product shall pass to the Buyer at the moment of it being duly taken over, regardless of whether the Buyer takes over the product in person or through an authorised third party.

2. The title shall be pass from the Seller to the Buyer at the moment of the goods or service being duly delivered and taken over.

2.1. The Buyer has the right, inter alia, not to take over the delivered product from the carrier provided that the delivered item is of another type or on the occurrence of any of the following:

a) delivery of a product that is contrary to the concluded purchase contract (incorrect or damaged product);

b) delivery of a product in damaged packaging; or

c) delivery of a product without the relevant documents.

2.2. If the product is delivered to the Buyer according to paragraph 2.1, letter a) hereinabove, the Buyer has the right, inter alia, to demand that the Seller deliver the product free of charge and without undue delay in accordance with the agreed terms of the purchase contract, by either replacing or repairing the product. If such procedure is not possible, the Buyer is entitled to demand a reduction in the Purchase Price or to withdraw from the purchase contract.

2.3. For goods delivered in a due and timely manner, the Buyer is obliged to pay the Seller duly and in time.


VII. Modes of Shipment of Products and the Price for their Shipment

1. The Seller’s shipping costs are not included in the Purchase Price of the product listed on the website. The modes of shipment are set out in Article VII, paragraph 2.1. et seq. of these GTC, and the prices for these modes of shipment are listed in Article VII, paragraph 2.2. et seq. of these GTC.

2. Modes of Shipment and the Price for the Shipment of Ordered Products.

2.1. Modes of Shipment:

2.1.1. Courier service

2.1.2. Shipment service

2.2. Prices for Shipment:

2.2.2. Price for delivery by courier service – EUR 4.60 inclusive of VAT

2.2.2. Price for delivery by shipment service – EUR 2.80 inclusive of VAT

VIII Buyer’s Withdrawal from the Purchase Contract without Stating the Reason

1. The consumer is entitled to withdraw from the purchase contract without stating the reason within 14 calendar days from the date of receipt of the goods provided that the Seller has fulfilled their information obligations in a due and timely manner, as stipulated by Section 3, Subsection 1, letter h) of Act No. 102/2014 Coll.

If the Seller has informed the consumer duly and in time of the right to withdraw from the contract pursuant to Section 3, Subsection 1, letter h) of Act No. 102/2014 Coll., the consumer is entitled to withdraw from a contract made at distance or off the Seller’s premises within 14 days subsequent to:

a) the takeover of goods under Article VIII, paragraph 1a of these GTC in the case of contracts whose subject matter is the sale of goods;

b) the conclusion of a service contract; or

c) the conclusion of a contract for the provision of electronic content delivered on an intangible medium.

1a. Goods shall be deemed to have been taken over by the consumer at the moment when the consumer or a third party designated by them, other than the carrier, takes delivery of all the parts of the ordered goods, or if:

a) the goods ordered by the consumer in a single order are to be supplied in separate deliveries, at the moment when the last delivery is received;

b) goods consisting of several parts or components are to be delivered, at the moment when the last part or component is received;

c) goods are to be delivered repeatedly for a limited period, at the moment of receiving the first delivery of the goods.

1.1. If the Seller provides the consumer with the information pursuant to Section 3, Subsection 1, letter h) of Act No. 102/2014 Coll., as amended, additionally, in any event not later than 12 months after the period for withdrawing from the contract under Article VIII, paragraph 1 hereof starts to run, the period for withdrawing from the contract shall expire upon the lapse of 14 days after the date on which the Seller additionally meets the information obligation.

1.2. Unless the Seller provides the consumer with the information pursuant to Section 3, Subsection 1, letter h) of Act No. 102/2014 Coll., as amended, even within the additional period pursuant to Article VIII, paragraph 1.1 hereof, the period for withdrawing from the contract shall expire upon the lapse of 12 months and 14 days after the date on which the period for withdrawing from the contract under Article VIII, paragraph 1 hereof starts to run.

1.3 The consumer may withdraw from a contract the subject matter of which is to deliver goods even before the period for withdrawing from the contract starts to run.

2. Not later than 14 days after withdrawing from the contract, the consumer is obliged to send the goods back or hand them over to the Seller or a person authorised by the Seller to take over the goods. This shall not apply if the Seller suggests picking up the goods in person or through a person authorised by them. The period pursuant to the first sentence shall be deemed to have been met provided that the goods were handed over for shipment not later than the last day of such period. (Section 10, Subsection 1 of Act No. 102/2014 Coll.).

3. If the consumer wishes to exercise this right, the consumer shall notify the Seller of the withdrawal from the contract at the latest on the last day of the determined period. The contract withdrawal period shall be deemed to have been met provided that the notice of withdrawal from the contract was sent to the Seller not later than the last day of the period to the Seller’s registered address given below:

NORTHFINDER, Aruba BC, 3rd floor, Galvaniho 7D, 821 04 Bratislava

This right may also be exercised by the consumer at any of the Seller’s establishments or at the Seller’s registered office.

4. The right to withdraw from the purchase contract may be exercised with the Seller in writing or by way of recording on another durable medium, The right to withdraw from the purchase contract may also be exercised using the Contract Withdrawal Form available on the Seller’s website. The consumer is also entitled to withdraw from the contract orally, in particular by a clearly worded statement expressing the consumer’s will to withdraw from the contract. It is recommended that the consumer’s notice of withdrawal from the contract specify the order number, date of purchase, type of goods concerned, their first name and surname, address and, if applicable, the account number to which all payments made to the Seller under the contract which he is withdrawing from shall be refunded, provided that they request that the payment for the goods be refunded to the account number specified by them. Otherwise, the Seller shall refund the consumer the payment for the goods in the same manner as the consumer used when making their payment.

5. Upon withdrawal from the contract, the parties are obliged to return to each other the performances which were mutually rendered. The consumer shall only be liable for any impairment of the goods resulting from such treatment of the goods which goes beyond what is necessary to establish the characteristics and functionality of the goods. The consumer shall not be liable for any impairment of the goods if the Seller fails to comply with the obligation to inform the consumer of their right to withdraw from the contract pursuant to Section 3, Subsection 1, letter h). Act No. 102/2014 Coll.

6. The consumer may use the Purchase Contract Withdrawal Formto withdraw from the contract without stating the reason. The form is freely available for viewing and downloading on the Seller’s website.

7. If the consumer withdraws from the contract pursuant to Act No. 102/2014 Coll, they shall bear the cost of returning the goods to the Seller under Section 10, Subsection 3 of Act No. 102/2014 Coll., and if they withdraw from a distance contract, they shall also bear the cost of returning the goods which, given their nature, cannot be returned by post. This shall not apply if the Seller agrees to bear such cost themselves or if the Seller fails to meet their obligation under Section 3, Subsection 1, letter i) of Act No. 102/2014 Coll.

8. The Seller is obliged, without undue delay, in any event not later than 14 days of receipt of the notice of withdrawal from the contract, to refund the consumer all payments which the Seller has received from the consumer under or in connection with the contract, including the costs of shipment and delivery and postage and other costs and charges; this shall be without prejudice to the provision of Section 8, Subsection 5 of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services under a Contract made at distance or off the Seller’s Premises and on Amendments and Supplements to Certain Acts.

9. Pursuant to Section 9, Subsection 3 of Act No. 102/2014 Coll. the Seller is not obliged to reimburse the consumer for any additional costs if the consumer has expressly chosen a method of delivery other than the cheapest common method of delivery offered by the Seller. Such additional costs shall be understood to mean the difference between the costs of the delivery chosen by the consumer and the costs of the cheapest common method of delivery offered by the Seller.

10. The consumer may refuse to return to the Seller the goods which they acquired under a contract concluded during or in connection with a sales campaign until the Seller refunds the consumer the price or advance payment for the goods or service.

11. Upon withdrawal from the purchase contract, shipments sent on a cash-on-delivery basis will not be accepted by us. Buyers are recommended to send shipments by registered mail or an equivalent method of delivery without stating the cash on delivery amount.

12. Upon withdrawal from the contract, the consumer shall only bear the cost of returning the goods to the Seller or a person authorised by the Seller to take over the goods. This shall not apply if the Seller agrees to bear such cost themselves or if the Seller fails to meet their obligation under Section 3, Subsection 1, letter i) of Act on Consumer Protection in the Sale of Goods or the Provision of Services under a Contract made at distance or off the Seller’s Premises and on Amendments and Supplements to Certain Acts.

13. In addition to the obligations laid down in Subsections 1, 3 to 5 and Section 9, Subsection 3 of Act No. 102/2014 Coll., the exercise of the consumer’s right of withdrawal from the contract shall not result in additional costs or other obligations for the consumer.

14. The right of withdrawal from the contract shall not be exercised with respect to the goods and services defined in Section 7, Subsection 6, letters a) to l) of Act No. 102/2014.

In particular:

a) the provision of a service, provided that the provision of such service has begun with the consumer's express consent and the consumer has declared that they have been duly informed that by expressing such consent they waive the right to withdraw from the contract after and provided that the service is fully provided;

b) the sale of goods or the provision of a service the price of which depends on price fluctuations in the financial market which the Seller may not influence and which may occur during the time that the period for withdrawing from the contract is running;

c) the sale of goods manufactured according to the consumer’s specific requirements, bespoke goods or goods intended for a particular consumer;

d) the sale of goods which are subject to rapid deterioration or highly perishable;

e) the sale of goods in protective packaging wherein it is not advisable to return them due to health protection or due to hygienic reasons and whose protective packaging was damaged after the delivery;

f) the sale of goods which may, given their nature, be inseparably mixed with other goods after the delivery;

g) the sale of alcoholic beverages the price of which was agreed at the time of conclusion of the contract and which may be delivered within no less than 30 days and whose price depends on price fluctuations in the market which the Seller cannot influence;

h) the carrying out of urgent repairs or maintenance which the consumer has expressly requested the Seller to carry out; this shall not apply to contracts for services and contracts the subject matter of which is to sell goods other than the spare parts necessary to carry out repairs or maintenance, provided they were concluded during the Seller’s visit to the consumer and the consumer did not order such services or goods beforehand;

i) the sale of sound recordings, video recordings, audio-visual recordings or computer software sold in protective packaging if the consumer has unpacked the packaging,

j) the sale of periodicals, except for sales under a subscription agreement and the sale of books which are not delivered in protective packaging,

k) the provision of accommodation services other than for the purpose of housing, transporting goods, car rentals, provision of catering services or the provision of services related to leisure time activities and under which the Seller undertakes to provide such services at the agreed time or within the agreed period;

l) the provision of electronic content other than on a tangible medium, if the provision of such content has begun with the consumer’s express consent and the consumer has declared that they have been duly informed that by expressing such consent they waive the right to withdraw from the contract. The Seller is obliged to refund the money to the consumer in the same manner as the money was received from the consumer. The manner of refunding the money to the consumer may only be changed with the consumer’s prior consent.

16. When withdrawing from a contract the subject of which is the sale of goods, the Seller is not obliged to refund payments to the consumer pursuant to Section 9, Subsection 1 of Act No. 102/2014 Coll. before the goods are delivered to the Seller or until the consumer proves that the goods have been returned to the Seller, unless the Seller suggests picking up the goods in person or through a person authorised by them.


IX Alternative Dispute Resolution

If the consumer is not satisfied with the manner in which the Seller has handled their complaint or assumes that the Seller has infringed their rights, the consumer may request the Seller to remedy the situation. If the Seller rejects the consumer’s request pursuant to the previous sentence or fails to respond to such request within 30 days after it is sent by the consumer, the consumer may file an application to commence the procedure of the alternative resolution of a dispute pursuant to Section 12 of Act No. 391/2015 Coll. on the Alternative Resolution of Consumer Disputes and on Amendments and Supplements to Certain Acts. The competent authority for the alternative resolution of consumer disputes with the Seller is the Slovak Trade Inspection or other competent legal entity entered in the list of entities for the alternative resolution of disputes kept by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/, or directly HERE; the Buyer may choose which of the mentioned alternative dispute resolution entities they will apply to. In order to file an application for the alternative resolution of their consumer dispute, the Buyer may use the online dispute resolution platform which is available at http://ec.europa.eu/consumers/odr/, or directly HERE.All other information regarding the alternative resolution of disputes between the Seller and the Buyer as the consumer under the Purchase Contract as a consumer contract or related to the Purchase Contract as a consumer contract is available on the website of the Ministry of Economy of the Slovak Republic at www.mhsr.sk and in Act No. 391/2015 Coll. on the Alternative Resolution of Consumer Disputes and on Amendments and Supplements to Certain Acts.

X. Final Provisions

1. The Seller reserves the right to change these General Terms and Conditions. The obligation to notify changes in these General Terms and Conditions in writing shall be deemed fulfilled upon the posting thereof on the website of the Seller’s e-Shop. In the event of any changes in the General Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Terms and Conditions valid and effective at the time of conclusion of the Purchase Contract until it terminates.

2. Contractual relationships (as well as other legal relationships that may arise from a contract) with natural persons who do not act within the scope of their business activities (consumers) when concluding the purchase contract under these GTC shall be subject to the general provisions of Act No. 40/1964 Coll., the Civil Code, as amended, as well as special regulations, in particular Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Contract made at distance or off the Seller’s Premises and Act No. 250/2007 Coll. on Consumer Protection.

5. These General Terms and Conditions form an integral part of the Complaints Handling Rules and the Privacy Policy of this e-Shop. The Complaints Handling Rules and the Privacy Policy of this e-Shop are posted on the website of the Seller’s e-Shop.

6. These General Terms and Conditions shall come into force and effect upon being published on the website of the Seller’s e-Shop on 10 March 2020

This document is certified http://www.pravoeshopov.sk


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