General terms

I. INTRODUCTORY PROVISIONS

• 1. These General Business Terms and Conditions govern the rights and obligations of the parties arising out of a purchase contract concluded between a seller such as Wolfert, sro, with registered office at Andrej Mráza 7, 821 03 Bratislava , IČO: 44 744 935, registered in the Commercial Register kept by the District Court Bratislava I, Section: Sro, Insert No .: 58125 / B (hereinafter referred to as the "Seller") and Buyer ("Buyer"), the subject of which is the purchase and sale of goods through the Seller's website (www.wolfert.sk) ( hereinafter referred to as the "Website") (the "Purchase Agreement").

 

II. CLOSING THE PURCHASE AGREEMENT

 

• 1. The Purchase Agreement is concluded by the delivery of an e-mail message to the Buyer, marked as "Order Confirmation", in which the Seller accepts the Buyer's proposal to conclude a Purchase Agreement. The Purchaser will deliver to Seller, in the form of a duly completed and dispatched form Website (hereinafter referred to as the "Form") (hereinafter referred to as the "Order").
• 2. For the correct completion of the Buyer's Form, it is necessary to follow the instructions of the Seller published on the Website, in particular to fill in all the information requested by the Seller for the conclusion of the Purchase Contract.

 

III. TERMS OF DELIVERY

 

RECIPIENT

PLACE OF DELIVERY

TRANSPORTATION OF ORDERED GOODS

DELIVERY OF ORDERED GOODS

BREACH OF SELLER'S OBLIGATION TO DELIVER ON TIME

PACKAGING OF ORDERED GOODS

BREACH OF BUYER'S OBLIGATIONS

SELLER'S INABILITY TO DELIVER ORDERED GOODS

• 1. The goods are sold according to the Buyer's requirements on the basis of telephone and / e-mail order through the contacts listed on the Website.
• 2. In the Order, the Purchaser shall indicate the person entitled to take over and use the ordered goods (hereinafter referred to as the "Recipient") For the purposes of these General Terms and Conditions, any natural or legal person, including the Buyer, may be the Recipient. the taking of goods shall be any natural person entitled to act for the Beneficiary under the relevant generally binding legal regulations.
• 3. The Seller is obliged to deliver the ordered goods to the Recipient at the place of delivery located in the territory of the Slovak Republic and indicated in the acceptance of the Order by the Seller (Article II.1) (hereinafter referred to as "Place of Delivery").
• 4. Carriage of the ordered goods will take place in accordance with the shipping and shipping conditions of ReMax Courier Service, Ltd. (for information on shipping and shipping terms, please visit www.remax.sk) (hereinafter referred to as "Carrier").
• 5. In the event that the Place of Delivery is any place in the territory of the Slovak Republic (excluding the territory of the districts of Bratislava I - V and the surrounding area) and the ordered goods are flowers / bouquets (hereinafter referred to as "Flowers"), the Seller undertakes to deliver to the Recipient Flowers on the day, which the Buyer states in the Order and the Seller confirms in accepting the Order (Article II.1) (hereinafter referred to as the "Delivery Date").
• 6. If the Place of Delivery is within the territory of the districts of Bratislava I-V and the surrounding area and the ordered goods are Flowers, the Seller undertakes to deliver to the Recipient the Flowers at the time specified by the Buyer in the Order and the Seller confirms the acceptance of the Order (Article II. paragraph 1.). Seller does not accept Buyer's Order if it has not passed more than 180 minutes from the moment of sending the Order Acceptance Sale to the required delivery time for the Flowers. In the event that the Purchaser does not indicate in the Order the delivery time of the Flowers, the Seller undertakes to deliver to the Recipient the Flowers on the day stated on the Purchase Order from 9:00 am to 4:00 pm. For the purposes of this point 6, III. of the General Terms and Conditions of Sale for violation of the Buyer's Purchase Agreement does not consider delivery of Flowers 60 minutes before or after the agreed delivery time of Flowers.
• 7. In the event that the ordered goods are not Flowers, the Seller undertakes to deliver to the Recipient such ordered goods on the date stated in the Purchase Order by the Buyer and the Seller shall acknowledge receipt of the Order (Article II, point 1) (hereinafter "Delivery Date" The Buyer hereby agrees that the delivery of the ordered goods (according to the first sentence of this point) 24 hours before or after the agreed Delivery Date of another item does not constitute a breach of the Purchase Contract by the Seller.
• 8. In the event of a breach of Seller's obligation to deliver the Goods on the Delivery Day (Article III.5), the Delivery Day of Other Goods (Article III.7) or at the time of delivery under Art. III.point 6, the Buyer is entitled to withdraw from the Purchase Agreement and demand the refund of the Purchased Price (Article IV, point 1). Withdrawal from the Purchase Agreement under the preceding sentence of this point becomes valid and effective at the time of delivery of the Notice (Article X, point 3) to the Seller in which the Buyer claims his withdrawal from the Purchase Agreement, provided that such Notice before receiving the ordered goods to the Recipient. In the event that the ordered goods are to be taken over by the Recipient prior to the delivery of the Notification to the Seller under the preceding sentence, the Buyer loses the right to withdraw from the Purchase Agreement under this Item 8. Art. III.
• 9. The seller is required to pack the ordered goods in a way that prevents their damage during transportation to the Delivery point.
• 10. If it is not possible to deliver the ordered goods for any reason, except for reasons on the part of the Seller, the Seller is obliged to inform the Buyer by sending the Notice and agree on the next procedure. However, the Seller reserves the right to (i) withdraw from the Purchase Agreement with immediate effect (at the time of delivery of the Notice to the Purchaser); or (ii) temporarily store such ordered goods at Buyer's expense, provided that the nature of the ordered goods permits and is not contrary to the Buyer's explicit request. In the event that the ordered goods are Flowers or other goods subject to rapid misdemeanor and the Seller has validly withdrawn from the Purchase Agreement under the second sentence of this point 10. Art. III., The Buyer is obliged to pay the Seller a contractual fine equal to the Purchase Price, within 15 days from the date of withdrawal from the Buyer's Purchase Agreement. The buyer hereby notes that the amount of the contractual fine is calculated in this case with regard to the nature of the Flowers as a commodity subject to a rapid misdemeanor. In the event that the goods ordered are not goods subject to a rapid misdemeanor and the Seller has validly withdrawn from the Purchase Contract under the second sentence of this Item 10 of Article III, the Buyer is obliged to pay the Seller a contractual fine equal to 10% of the Purchase Price, within 15 days from the date of withdrawal from the Buyer's Purchase Agreement.
• 11. If it is not possible to deliver the ordered goods for any reason on the Buyer's side, the Buyer is obliged to inform the Buyer without delay and within 15 days return the Buyer a portion of the Purchase Price paid and reimburse all incurred costs incurred by the Purchaser for ordering the Goods. Seller and Buyer may agree that instead of returning the paid portion of the Purchase Price and reimbursing the proven cost of ordering the Goods, the Seller will be required to supply the Buyer with a substitute performance.

 

IV. PURCHASE PRICE

 

PAYMENT TERMS FOR PAYMENT BY CARD OR NON-CASH TRANSFER TO SELLER'S ACCOUNT VIA INTERNET BANKING

• 1. The Buyer is obliged to pay the Buyer the Purchase Price of the ordered Goods at the amount stated in the Order sent and confirmed in the acceptance of the Order by the Seller (Article II.1) or the Confirmation of the Order (Article IV.5) (hereinafter referred to as "Purchase price ") The seller is obliged to pay the Purchase Price in the manner and according to the instructions of the Seller mentioned on the website The payment methods include payment by card, cashless transfer to the Seller's account and cash payment upon delivery of the goods The purchase price is final and includes any and all costs incurred by the Seller for fulfilling his obligation to deliver the ordered goods to the Recipient in accordance with the relevant provisions of these General Terms and Conditions.
• 2. If the payment has been agreed as a payment method by card or wire transfer to the Seller's account, the Seller is entitled to send the Purchaser's acceptance of the Purchase Order only after it has been acknowledged to the relevant non-cash payment service provider that the entire Purchase Price bank account of the Seller Tatra Bank: 2928832305/1100, mBank: 4200117887/8360. In the event that the Seller receives from the relevant non-cash payment service provider information that for any reason there was no money being deposited on the Seller's bank account, the Seller is not obliged to send the Purchaser an acceptance of the Order. If the technical circumstances permit and the Seller considers it appropriate and expedient, the Seller may inform the Buyer of an unsuccessful attempt to make a payment by card, and the Buyer may also call for a repeat of the order.
• Payment Terms for PayPal Payment
• 3. If agreed as a form of payment through PayPal, the total agreed price will be increased by PayPal processing fee of 3.9% of the agreed price + EUR 0.35 per payment. Buyer pledges Seller to authorize the Buyer to accept the Purchase Order only after PayPal has confirmed that the full amount of Buyer's Purchase Price has been paid to Seller's PayPal account: info@wolfert.sk. In the event that the Seller receives from the relevant non-cash payment service provider information that for any reason there was no money being deposited on the Seller's bank account, the Seller is not obliged to send the Purchaser an acceptance of the Order. If the technical circumstances permit and the Seller considers it appropriate and expedient, the Seller may inform the Buyer of an unsuccessful attempt to make a payment by card, and the Buyer may also call for a repeat of the order.
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V. CANCELLATION OF THE ORDER

CANCELLATION OF THE ORDER WITHIN 24 HOURS PRIOR TO DELIVERY OF FLOWERS

 

CANCELLATION OF THE ORDER 25 OR MORE HOURS BEFORE DELIVERY OF FLOWERS

COMMON PROVISIONS TO CANCEL AN ORDER

• 1. If they are the subject of a Flower Orders, such Order may be canceled (at the time of delivery of the Notice to the Seller) at least 24 hours prior to the required Delivery Date, Delivery Date of Other Goods or delivery time, III. paragraph 6. In such a case, the amount of the cancellation fee is equal to the full amount of the Purchase Price.
• 2. In the event of cancellation of the Purchase Order, the subject of which is Flower, 25 or more hours before the required Delivery Date, the Date of Delivery of Other Goods or the Delivery Time, III. item 6, the Seller is obliged to return to the Buyer the part of the Purchase Price reduced by a cancellation fee of 5, - EUR.
• 3. The order in respect of which Flowers is subject can not be canceled without the Seller's consent if, between the moment of delivery of the notice to the Seller of the cancellation of the Order and the required delivery date, the date of delivery of the other goods or the time of delivery, III, item 6 has not elapsed for at least 24 hours.
• 4. An order not subject to Flowers may be canceled only by mutual agreement between the Seller and the Buyer.

 

VI. WITHDRAWAL FROM THE PURCHASE CONTRACT BY CONSUMERS UNDER THE CONSUMER PROTECTION ACT IN CASE OF SALE AND MAIL ORDER SALE

 

PURCHASE AGREEMENT FOR FLOWERS

OTHER PURCHASE AGREEMENT

• 1. If the Goods are ordered to be Flowers, the Buyer has no right to withdraw from the Purchase Agreement under Act no. 108/2000 Coll., On consumer protection in the case of door-to-door sales and mail order sales, as amended (hereinafter referred to as the "Mail Sale Act"), since Flowers are rapidly subject to perpetration (Section 12 (5) (c) sales).
• 2. In the event that the Goods and the Buyer are not the Goods and the Buyer is a consumer within the meaning of the Sales Rule Act, the Purchaser is entitled to withdraw from the Purchase Agreement within 7 business days from the date of receipt of the Goods ordered by the Recipient or from the moment the Seller allowed the Recipient to dispose of the Order and the Recipient has not taken such goods.

 

VII. ACQUISITION OF OWNERSHIP AND PASSING OF DANGER OF DAMAGE TO ORDERED GOODS

 

OWNERSHIP TRANSITION

DANGER OF DAMAGE

• 1. The Purchaser becomes the owner of the ordered goods, regardless of whether the Recipient and the Buyer are the same person. Ownership right on the Buyer goes through the full payment of the full Purchase Price.
• 2. The risk of damage to ordered goods passes to the Buyer at the time of receipt of the goods ordered by the Recipient. If the Recipient has not received the ordered goods in time (ie in accordance with the Purchase Agreement and generally binding legal regulations), the Buyer is liable for damage to the ordered goods at a time when the Seller has allowed the Recipient to dispose of the ordered goods and the Recipient has not taken such goods.

 

VIII. WARRANTY AND CLAIM OF DEFECTS

 

GUARANTEE FOR FLOWERS

GUARANTEE FOR OTHER ORDERED GOODS

FLOWER COMPLAINT

COMPLAINT OF OTHER ORDERED GOODS

COMMON PROVISIONS ON COMPLAINT

• 1. If the subject matter of the Order is Flowers or other goods subject to rapid misdemeanor, the Seller shall be liable in accordance with Section 619 2 of Act no. 40/1964 Coll., The Civil Code, as amended (hereinafter the "Civil Code") only for defects of such goods which existed at the time of its receipt by the Recipient or at a time when the Seller allowed the Recipient to dispose of such goods and the Recipient the goods did not take over.
• 2. If the subject matter of the Order is other goods than Flowers or Goods subject to rapid misdemeanor, the Seller shall be liable for defects of such goods under the relevant provisions of generally binding legal regulations, in particular the Civil Code. The warranty for other ordered goods such as Flowers or Goods subject to Rapid Awakening is 24 months unless otherwise provided by the applicable generally binding legal regulations or the Seller's and Buyer's agreement. The purchaser hereby acknowledges that such a change in the characteristics / qualities / quality / quantity of the ordered goods is not considered to be a defect if the nature of such goods implies that its life is shorter than the warranty period and when the normal use of such goods results in its total wear before the expiration of the warranty period.
• 3. If the Subject of the Order is Flowers or other goods subject to a rapid misdemeanor, Buyer shall be obliged, in accordance with § 626 par. 2 of the Civil Code to assert the rights of liability for defects of such goods (warranty rights) no later than the next business day following the date on which it was received by the Recipient or after the date when the Seller allowed the Recipient to dispose of such goods and the Recipient did not accept the goods.
• 4. If the subject of the Order is other goods than Flowers or goods subject to rapid misdemeanor, the Buyer is obliged to assert the rights of liability for defects of such goods (warranty rights) at the latest on the last day of the warranty period.
• 5. If the liability for defects in the ordered goods is not claimed by the Purchaser within the time limits set out in points 3 and 4 above of this Article. VIII. ("Complaints") will expire.
• 6. The Buyer will assert the rights of liability for the defects of the ordered goods by delivering the Notice to the Seller in the Claim Terms. In such a Notice, the Buyer is required to accurately mark the type and extent of the ordered goods. The Buyer hereby acknowledges that the claim is considered to be correct and timely only if (in addition to the other conditions set forth in these General Terms and Conditions and in the applicable generally binding legal regulations), the Buyer delivers the Goods in the Complaints to the address of the Seller's address. If the goods claimed can not be delivered to the address of the Seller's premises, for objective reasons arising from the nature of such goods, the Buyer undertakes to allow the Seller (or the person authorized to do so) to allow such goods to be inspected (unless this is excluded by the nature of the matter).
• 7. The rights arising from the liability for defects of the ordered goods are authorized to be performed by both the Buyer and the Recipient. In the event that the Recipient claims, surrenders or otherwise treats any liability for defects in the ordered goods, his actions have the same legal effects as if he had been made by the Buyer.

 

IX. PRIVACY

 

• 1. The Buyer declares that he agrees in accordance with § 7 par. 1 of Act no. 428/2002 Coll., On the Protection of Personal Data, as amended (hereinafter the "Personal Data Protection Act"), in order for the Seller to process and store his personal data in all of his information systems. personal data that the Buyer has stated in the Form and which are necessary for the Seller's business.The Buyer also grants the Seller the right to provide personal information to another person (in particular to the Carrier) and to the cross-border transfer of personal data.The Buyer grants the Seller such approval for an indefinite period. the Buyer may revoke the processing of personal data at any time in writing, and the consent expires after 30 days have elapsed from the date of delivery of the revocation of consent to the Seller.
• 2. The Purchaser, by sending the Order, agrees that the Seller shall send the Buyer's activity, offer and actions reports to the Seller without any prior request from the Purchaser to send such messages.
• 3. Buyer and Seller hereby acknowledge that due to the nature of the services offered (mail order sales), it is not possible to obtain prior consent of the Recipient with the processing and storage of his or her personal data. The Seller hereby undertakes that personal data obtained on the Recipient without its explicit consent will be processed and stored only to the extent permitted by generally binding legal regulations valid in the territory of the Slovak Republic, in particular the Personal Data Protection Act.

 

X. NOTIFICATIONS AND DELIVERY

 

NOTICES FOR SELLER

NOTICES TO THE BUYER

COMMON PROVISIONS

• 1. If these General Terms and Conditions (or the relevant provisions of the Purchase Agreement) provide for an obligation or authorization by Buyer / Recipient or other person to inform the Seller of a certain fact or to deliver / submit a notice with certain content, the Buyer / Recipient or other authorized person may do so (unless otherwise expressly provided for in these General Terms and Conditions):
  • (i) by phone on business days from 9:30 to 18:00. on tel. 02/4569 3051,
  • (ii) by electronic mail at: wolfert@wolfert.sk or
  • (iii) in the event of a claim being made (Article VIII) by e-mail at: wolfert@wolfert.sk,
  • (iv) by post to the address of the Seller's address.
• 2. If these General Terms and Conditions (or the relevant provisions of the Purchase Agreement) provide for an obligation or authorization for the Buyer / Recipient to inform the Buyer / Recipient of a particular fact or to deliver / notify it with certain content, the Seller or the person authorized to do so may do the following unless expressly provided otherwise in these general terms and conditions):
  • (i) by telephone at the telephone number specified in the Order or later provided to Buyer / Recipient,
  • (ii) by electronic mail at the address specified in the Order or later provided to Buyer / Recipient,
  • (iii) by post to the address specified in the Order or later provided to Buyer / Recipient.
• 3. Any information, notice or message delivered in connection with a Buyer's, Buyer and / or Beneficiary's Purchase Agreement is also called "Notices" for the purposes of these General Business Terms.
• 4. The Seller and the Buyer jointly declare that they are aware that any false or incorrect contact information referred to in points 1 and 2 above of this Art. X. may make it difficult or totally impossible to enforce the rights resulting from the Purchase Agreement and undertake to compensate the other party for the damage caused if such misstatement / untruthfulness of the relevant contact information has occurred.
• 5. The Seller and the Buyer jointly declare that if the other party has relied in good faith on communicating to the contact details listed in points 1 and 2 above of this Article, X., also has any non-delivery / incorrect delivery of the Notification Effects of Proper and Timely Delivery.

 

XI. COMMON AND FINAL PROVISIONS

 

• 1. The application of a contractual penalty under these General Terms and Conditions is without prejudice to any claim for damages or other claims (eg default interest) resulting from generally binding legal regulations.
• 2. Legal relationships resulting from the Purchase Agreement are governed by Slovak law. The use of the UN Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
• 3. The seller is bound by his offer, including the price until the order is sent to the Purchaser (Section 10 (1) (h) of the Mail Sale Act).
• 4. In the event that the Seller has incurred the obligation to repay the Purchase Price (or part thereof) to the Buyer in accordance with these General Business Terms or in accordance with generally binding legal regulations, it is obliged to do so within 7 working days from the date of the Purchaser's claim for return of the Purchase prices (or parts thereof).
• 5. These General Terms and Conditions shall enter into force and effect on 20.01. 2010