Terms and Conditions of Sale for e-commerce s-kontrakt, s.r.o.
valid from September 2019
I. GENERAL PROVISIONS AND DEFINITIONS
1.The present Terms and Conditions of Sale (hereinafter referred to as the "Terms and Conditions") apply to all purchases made from the e-commerce www.flexitylife.com, operated by s-kontrakt, s.r.o, having its registered office at Luda Zúbka 2, 84101 Bratislava, Slovakia, Company Registration Number (ICO): 46706305, registered with the District Court Bratislava I, Insert No.: 81976/B, a private limited liability company incorporated under the law of Slovak Republic, email: email@example.com, contact person: Tomáš Sokol, telephone number: +421 902 549 264
2. Terms and Conditions form an integral part of the concluded sales contract between the buyer, on one hand, and the seller, on the other hand (hereinafter referred to as the “Contracting Parties”). All contractual relations are concluded in conformity with the system of law of Slovak Republic. In the case of the Buyer acting as a contracting party, the contractual relations, not regulated by these Terms and Conditions, shall be governed by the Act no. 40/1964 Coll., Civil Code as amended, Act no. 250/2007 Coll., Consumer Protection Act as amended, Act no. 102/2014 Coll. on Consumer Protection related to selling or providing of services based on a distance contract, or a contract concluded outside operational premises of the seller as amended, Act no. 22/2004 Coll. on E-Commerce as amended, in the present statutory texts. In case of the Seller acting as a contracting party, the contractual relations not regulated by these Terms and Conditions shall be governed by the Act no. 513/1991 Coll., Commercial Code.
3. Consumer´s Contract is every contract, irrespective of its legal form, which is concluded between the Supplier and the Consumer.
4. The Supplier – the Seller, is a person, who during the closure and fulfilment of Consumer´s Contract acts within the scope of his or hers commercial activities or other business activities (hereinafter referred to as the “Seller”).
5. The Buyer - the Consumer, is every natural or legal person who buys products or uses services for his or hers personal need or his or hers household member’s needs (hereinafter referred to as the “Buyer”).
6. The Buyer – the Entrepreneur, is every natural or legal person, who acts within the scope of his or hers commercial activities or other business activities and buys products or uses services for the purpose of his or hers entrepreneurship by its further resale or trade (hereinafter referred to as the “Buyer”).
7. The Deliverer is the Direct Parcel Distribution SK s.r.o (DPD) – a courier company whose subject of business activities is to provide courier services, transport services, storage services and complementary services (hereinafter referred to as the “Deliverer”).
II. ORDER AND CONCLUSION OF SALES CONTRATCT
1. The Buyer chooses a product based on the actual offer published at the internet website www.flexitylife.com, must confirm his or hers selection by clicking on the button “Buy”, fills in the order form (e-mail, in case of product purchase also the delivery address), chooses the quantity of products (eventually particularize the products parameters) and chooses the method of payment (collection on delivery, cash on personal receiving).
2. The orders placed on the website, www.flexitylife.com, of the e-commerce are binding. By the consignment of order the Buyer confirms, through an active click, that he acquainted himself or herself and agrees with these Terms and Conditions.
3. The placement of offered products at the website www.flexitylife.com constitutes the motion to conclude a contract, contract is concluded by sending the order on the Buyer´s side and by the acceptance of this order on the Seller´s side. The Seller shall confirm receiving of the order, without a delay, by an e-mail send to the e-mail address entered by the Buyer, however this confirmation does not have any influence on the conclusion of contract. It is not possible to one-sidedly make changes to a contract concluded this way.
4. Information regarding the particular steps leading to the conclusion of contract emerge from these Terms and Conditions. The Buyer shall always have the possibility to change or eventually correct the contract before sending the order.
5. The contract is concluded in the Slovak language, if no circumstances obstructing the conclusion of contract exist on both sides, it is possible to conclude the contract in different, for both sides comprehensible, languages.
6. The Seller shall deliver to the Buyer, included with the goods, all proper documents related to goods: invoice (tax document), eventually also warranty certificate (if provided by the producer).
7. The Buyer has a right to cancel the order, by e-mail or telephone, within 24 hours, the latest, from the time of order´s confirmation. In order to cancel the order, it is necessary to write a request and send it to the e-mail address firstname.lastname@example.org, or to call on the following phone number +421902549264.
1. The prices of respective products are set forth in Euros (or Hungarian Forint, Croatian Kuna) including the value added tax (VAT) in the amount of 20% and all other taxes. The Buyer has the possibility to acquaint himself or herself with the time period during which the Seller is bound by his offer including the prices.
2. Final price is stated in the order form right before sending the order, it includes the value added tax, eventually all other taxes and fees (packaging, postage, etc…), which the Buyer must pay in order to obtain the product or service. It is not possible to one-sidedly change this price by the Seller.
IV. DELIVERY CONDITIONS
1. The items (goods) which are available in stock are dispatched within 24 hours, the latest. Items, which are not available in stock are always marked as “OUT OF STOCK” and it´s availability can be verified by sending the status inquiry at the following e-mail address: email@example.com. The delivery period for an item which is out of stock, but is available, is 30 days maximum, in isolated cases, a longer delivery period may be agreed upon.
2. The goods are shipped via the courier company GLS
3. We ship to: Czech Republic, Slovakia, Poland, Germany, Austria, Denmark, Sweden, Finland, Netherlands, Estonia, France, Belgium, Hungary, Italy, Luxembourg, Portugal, Spain, United Kingdom, Ireland, Slovenia, Romania, Croatia, Bulgaria, Lithuania, Latvia, Greece
- AUSTRIA: € 4.95 GLS
- BELGIUM: € 7.95 GLS
- BULGARIA: € 9.45 GLS
- CROATIA: € 4.95 GLS
- CYPRUS: € 13.95 GLS
- CZECH REPUBLIC: 85-110.- Česká pošta AND 80.- or 100.- GLS
- DENMARK: € 7.95 GLS
- ESTONIA: € 7.95 GLS
- FINLAND: € 13.95 GLS
- FRANCE: € 9.45 GLS
- GERMANY: € 4.95 GLS
- GREECE: € 13.95 GLS
- HUNGARY: € 4.95 GLS
- ITALY: € 9.45 GLS
- IRELAND: € 9.45 GLS
- LATVIA: € 7.95 GLS
- LITHUANIA: € 7.95 GLS
- LUXEMBOURG: € 7.95 GLS
- MALTA: € 13.95 GLS
- NETHERLANDS: € 7.95 GLS
- POLAND: € 4.95 GLS
- PORTUGAL: € 13.95 GLS
- REPUBLIC OF IRELAND: € 10.00 GLS
- ROMANIA: € 4.95 GLS
- SLOVAKIA: € 3.80 GLS
- SLOVENIA: € 4.95 GLS
- SPAIN: € 9.45 GLS
- SWEDEN: € 13.95 GLS
- UNITED KINGDOM (UK): € 9.45 GLS
Delivery costs may change due to Couriers changing their pricing policies. Always check in your cart for the updated delivery price ord delivery methods.
FREE SHIPPING applies according to weight and price - see the details on this page - FREE SHIPPING POLICY
Personal pickup of the order is not possible.
If the goods must be delivered repeatedly, or other way than originally agreed due any reasons on the consumer’s side, additional delivery costs may be charged to consumer.
Consumer’s duty is to check goods’ state and completeness of the packaging when receiving it. In case of damage, destroying the packaging, incompleteness or suspected substandard treatment of goods, the consumer has the right not to accept the goods.
V. PAYMENT METHODS
1. The Buyer shall pay for the ordered goods to the Seller either by:
- Bank Wire Transfer to the Seller´s bank account:
SWIFT: FIOZSKBAXXX (0 €)
2. The Buyer may make use of a discount voucher, he or she will be allowed the due discount with the voucher usage.
VI. WARRANTY AND WARRANTY CERTIFICATE
1. The warranty period is 24 months and starts flowing from the day of collection of goods by the Buyer. In a case, that the expiration period is marked at the sold product, at its packing or at the attached user manual for this product, the warranty period shall not be over until the expiration period lapses.
2. Pursuant to the Buyer´s request, the Seller is obliged to provide a warranty in written form (a warranty certificate). If the nature of goods allows for it, issuance of proof of purchase shall suffice instead of a warranty certificate.
3. The warranty certificate shall include the Seller´s identification (his or hers first name and last name, the business´ name, address of the Seller´s registered office), warranty´s content, its extent and conditions, the warranty period and information necessary for the application of warranty. If warranty certificate does not include the prescribed essentials, this fact shall not constitute the invalidity of such warranty.
4. By means of a declaration, listed in the warranty certificate, to the Buyer, or by means of advertisement, it is possible for the Seller to provide a warranty which exceeds the extent of warranty prescribed by law, the conditions and extent of such a warranty shall be specified by the Seller in the warranty certificate.
5. The warranty does not cover the cases of ordinary wear-out, mechanical damage and such like things.
VII. CONFORMITY WITH SALES CONTRACT
1. The sold goods must have the required, eventually established by law, quality, amount, measure or weight and must be without defects, and predominantly must satisfy the obligatory technical standards. If it is required to abide by certain rules when using the goods, especially if the usage of goods necessitates following of the user´s manual or is established by a technical standard, the Seller is obliged to inform the Buyer about these rules, unless the rules in question are rules commonly known. If the Seller does not fulfil this obligation, he or she is liable for all damages which arose from it.
VIII. COLLECTION OF ORDER
1. The Seller has a right to compensation for damages (according to Act no. 40/1964 Coll., §420 Civil Code) if the Buyer ordered goods, and he or she did not cancel the order nor did he or she withdraw from the contract, and at the same time he or she did not collect the goods from the deliverer or within the prescribed time period after the Seller´s notice to collect the order, in the case that the Buyer chose the personal pickup as a delivery option. By this behaviour, the Buyer violated his or hers obligation to collect the ordered goods.
2. When determining the amount of compensation for damages, the Seller takes into account first of all the delivery costs and fees associated with it in the case of shipment of goods, costs connected to packaging, expedition and administration of order as well as all other costs which arose during the realisation of order in question. Seller shall have, at the same time, the right to charge for the lost profit.
3. The Seller shall also have a right to not enforce his or hers right to compensation for damages or to enforce this right partly.
4. The Buyer has an obligation to verify the intactness of good´s packaging and whether the delivery shows signs of defects or not. In the case of defective goods it is necessary to draw up the protocol about defects with deliverer´s agent. On the basis of such protocol, delivered to the Seller, the Buyer has a right to refuse the collection of defective goods and consequently file a complaint for defective goods to the Seller. If the Buyer detects defects or other irregularities after the collection of goods, he or she is obliged to inform the Seller about these facts without a delay. Unless the Buyer does not do so, entitlements from complaints for liability for defects shall be granted only if he or she demonstrates that these goods have been defective in the time of its collection.
5. In a case that the order is damaged, the Buyer shall not collect the goods and shall draw up a protocol with the company which is in charge of delivering the goods.
IX. HANDLING OF COMPLAINTS
1. The Seller is responsible for defects which the sold goods have in the time of its collection by the Buyer. If the defects can be removed, the Buyer has a right to get it removed properly, free of charge and in a due time. The Seller is obliged to remove the defects without a delay. The Buyer may demand, instead of removal of defects, to exchange the goods, or if the defects involve only a part of an object, exchange of this part, if it won´t give rise to unproportioned costs for the Seller with respect to the price of goods and severity of the defect. The Seller may, at all times, instead of defect removal, exchange the defective goods for goods without defects, if it won´t cause significant difficulties for the Buyer.
2. In case that the defect cannot be removed, and it interferes with the proper usage of goods, the Buyer shall have a right to exchange the goods or a right to withdraw from the contract. Same rights shall belong to the Buyer, regarding the defects which can be removed, who because of a repeated occurrence of defects after the maintenance or because of a larger number of defects cannot use the goods properly. If the defects cannot be remover, the Buyer shall have a right for an adequate discount from the price of goods.
3. The Seller is obliged to indicate the information necessary for the submission of a complaint immediately, in complex cases within 3 working days the latest, since the day of claim´s submission, in justified cases, especially when a complicated technical evaluation of goods or services condition requires it, within 30 days the latest, since the day of claim´s submission. After the indication of complaint´s handling the Buyer shall handle the complaint immediately; in justified cases the complaint shall be handled later, however, the handling of a complaint may not take longer than 30 days since the day of complaint´s submission. After the expiration of period for complaint´s handling, the Buyer shall have a right to withdraw from the contract or the right for exchange of the goods for new goods. The Seller is obliged to confirm the acceptance of Buyer´s complaint immediately, and shall provide the Buyer with a receipt. The receipt shall be issued together with a document confirming the handling of complaint ( the complaint settlement certificate) at the latest.
4. The time period from the application of right to liability for defects until the completition of complaints handling (delivery of repaired goods, written invitation to take over the settlement or its justified rejection) shall not be included in to the warranty period. In a case of exchange of goods for new goods, the warranty period for new goods starts flowing by the day of its take-over.
5. The Seller may handle the Buyer´s complaint, submitted within the first 12 months since the day of the purchase of goods, by refusal, on the basis of an expert opinion regarding the defect. Regardless of the expert opinion´s result, it is not possible to require from the Buyer compensation of costs necessary for the expert´s opinion nor other costs related to expert´s opinion.
6. If a complaint is submitted by the Buyer more than 12 months after the purchase, and is rejected, the Seller is obliged to inform the Buyer of his right to send the item for expert´s opinion in the complaint settlement certificate and, if the customer elects to do so, must bear the cost of any such appraisal regardless of the outcome. If the Buyer proves, by an expert´s opinion, the responsibility of Seller for the defect, he or she may recommence the complaint for liability for defect again. The warranty period does not flow during the time of expert´s opinion. The Seller is obliged to compensate the Buyer within 14 days, since the day of recommencing of complaint, for all costs invested for the expert´s opinion as well as for all efficiently spent costs. Such a complaint shall not be rejected.
7. The Seller shall immediately deliver the confirmation of complaint´s acceptance to the Buyer, if the immediate delivery is not possible, the confirmation has to be delivered without a delay together with the complaint settlement certificate at the latest. The confirmation of complaint´s acceptance does not have to be delivered if the Buyer can prove the submission of complaint in a different way.
8. In a case of complaints submission, the Buyer shall inform the Seller about the complaint´s submission via e-mail (in order to achieve the quickest handling of complaint) and shall send the goods, packaged in a proper way for shipment together with a description of defect and a copy of purchase document (eventually also with a warranty certificate if issued) on the Sellers address.
In the unlikely event that an item is returned to us in an unsuitable condition, we reserve the right not to refund the item and arrange to send the item back to you at your expense.
Ship the Return to:
phone n.: +421 902 549 264
It is always necessary to use wrapping paper or cardboard, so during transportation the original packaging can not be covered by tape, marked or damaged any other way. In case of sending at the expense of consumer, insurance of the parcel is recommended.
In case of sending at the expense of consumer, the goods send as „Cash on Delivery“ can not be accepted.
Lost or Missing Products
If you have any lost or missing products from your order then please email us at firstname.lastname@example.org or give us a call.
Lost goods must be reported within 30 days of the dispatch date – we will not be liable for any loss should you fail to do this.
9. The Buyer is entitled to a compensation of inevitable costs which originated from the enforcement of right to liability for defects.
10. If the Buyer is not satisfied with the way in which his complaint has been handled by the Seller, or if he or she is of an opinion that the Seller has violated his or hers rights, the Buyer may approach the Seller with a claim for remedy. If the Seller rejects such a claim, or does not address it at all within 30 days of its submission, the Seller has a right to file a claim for an alternative resolution of disputes according to Act no. 391/2015 Coll., Alternative Dispute Resolution Act, §12. The competent body for alternative dispute resolution with the Seller s-kontrakt, .r.o. is the Slovak Trade Inspection (Office for regulation of network sectors/ Office for regulation of electronic communication and postal services) or other competent legal person registered in the alternative dispute resolution´s subjects ‘registry.
11. The Inspectorate for Bratislava Region of Slovak Republic, residing in the city of Bratislava, address: Prievozská 32, P. O. BOX 5, 820 07 Bratislava 27., phone number: 02/58272 159, e-mail: email@example.com, administered by the Ministry of Economy of Slovak Republic (http://www.mhsr.sk); the Buyer has a right to choose to which of the competent subjects of the alternative dispute resolution will he or she turn to. The Buyer may also use an online platform for the alternative dispute resolution available at http://ec.europa.eu/consumers/odr/.
X. RIGHT OF WITHDRAWAL
1. If the Seller is unable to meet his or hers liabilities under the Sales Contract due to the unavailability of goods, sell-out of stock, or if the producer, supplier or importer of goods interrupted it´s production or made significant alternations to the extent that hinders the proper delivery under the Sales Contract, or under the circumstance of force majeure, or even if all efforts that can be fairly required from the Seller are not enough to deliver the goods to the Buyer within the period specified by these Terms and Conditions or in the price agreed upon in the order, the Seller shall inform the Buyer of this fact and offer a substitute performance or possibility for the Buyer to withdraw from the Contract. If the Buyer terminates the Contract for the above stipulated reasons, the Seller shall refund the Buyer with the already paid purchase or any part thereof, within 14 days of the notification of termination by a wire transfer to an account designated by the Buyer.
2. The Buyer has a right, according to §7 of Act no. 102/2014 Coll. on Consumer Protection related to selling or providing of services based on a distance contract, or a contract concluded outside operational premises of the seller (further referred to as the “Law”), a right to withdraw from the Sales Contract within 14 days since the day of collection of order. If the delivery of goods constitutes a subject of Contract, the Buyer has a right to withdraw from the Contract before the delivery of goods.
3. The Buyer is obliged to, if he or she wants to exercise this right, personally deliver a written notice of withdrawal from the contract (notice of contract termination), the latest on the last day of specified time period, to the contact address of the Seller or he or she shall deliver this notice for postal transfer, on the last day of the specified time period the latest, to be transferred to the Seller´s contact address. After the communication of notice of contract termination, the Buyer is obliged to send or personally deliver the subject of terminated contract together with all documents – for example the original invoice, user´s manual, or other documents related to the goods which has been delivered with the goods, within 14 days at the latest, since the day of withdrawal from contract (§10(1) of Law). It is recommended for the Buyers to create, for personal needs, a copy of invoice and to send the goods by registered post as an insured delivery. The withdrawal of contract shall be made in written form, and in the way which will not raise any suspicion that the contract was terminated, or by means of an inscription on a long lasting data carrier, or by means of the form for contract withdrawal in accordance with Annex 1 of these Terms and Conditions.
4. Pursuant to the previous section, a withdrawal from the contract concluded in the above specified manner according to these Terms and Conditions, has to include all the information required in the form for contract withdrawal, constituting Annex 1 of these Terms and Conditions, especially the identification of Buyer, date and number of the order in question, specification of goods, clarification of preferred method by which the Seller shall return the already accepted performance, and above all the Buyer´s bank account number or his postal address.
5. Do not send the goods by collection on delivery method, the goods delivered in such a manner will not be accepted.
6. The Seller shall without a delay, within 14 days from the acceptance of the contract termination notice refund the accepted performance to the Buyer, including the transportation costs (according to §9(3) of Law), as well as costs provably used to order the goods, however the Seller is not obliged to refund the money to the Buyer before the goods are returned or until the Buyer proves that the goods were returned back to the Seller. This does not apply in a case that the Seller offered to pick up the goods by himself or herself. The Buyer is entitled to, during the exercise of his right of withdrawal from the contract, reimbursement of costs for the cheapest delivery method offered by the Seller.
7. The right of withdrawal from the contract shall not apply to goods and services stipulated in §7 (6 a - l) of the Law, such as sale of goods made according to the Buyers demands, hand tailored goods or goods particularly crafted for one Buyer.
8. The Buyer shall bear any deduction of the value of the goods which was caused by its usage beyond what is necessary to ascertain the characteristics and functioning of the goods in the amount of the purchase price.
XI. PROTECTION OF PERSONAL DATA
1. The contracting parties agreed, that the Buyer, who is a natural person, is obliged to provide, in the order, for the Seller the following personal information: name and surname, address of permanent residence including the postal code, phone number and e-mail address.
2. The contracting parties agreed that the Buyer, who is a legal person, is obliged to provide, in the order, for the seller the following personal information: business name, address of registered office including the postal code, Company Registration Number (ICO), phone number and e-mail address.
3. The Buyer may at any time check on and change the provided personal information.
4. The Seller hereby announces to the Buyer that, according to the §10(3b) of Act no. 122/2013 Coll. On Protection of Personal Data (further referred to as the “Act”), the Seller as the Operator shall process personal data without the data subject´s (Buyer´s) consent in the process of conclusion of sales contract seeing that it is necessary for the performance of a contract to which the data subject is a party or in order to establish relations prior to entering a contract with the data subject or at the negotiation of alternation of a contract which are held on the request of the data subject.
5. The Buyer may, by checking the appropriate square, express his or hers consent, according to §11(1) of the Act, to processing and storing of his personal information by the Seller, especially those previously mentioned or those necessary for the purposes of marketing communications and sales support, especially for sending information regarding the new goods (products), discounts, promotions and other activities of the Seller.
6. The Seller commits himself or herself to handle and treat the Buyer´s personal data in accordance with valid legal enactments of Slovak Republic.
7. The Seller announces that, according to §6(2c) of the Act, he or she will obtain the personal information explicitly for the purposes stipulated in these Terms and Conditions.
8. The Seller claims that, in accordance with §6(2e) of the Act, he or she will obtain the personal information for different purposes than stipulated in these Terms and Conditions separately and shall ensure that personal data are processed and used solely in the manner adequate to the purpose for which they were collected and that he or she will not combine these data with personal data obtained for various purposes.
9. The Buyer grants his consent to the Seller for a limited period of time, until the purpose of processing of personal data of the Buyer is fulfilled. After the fulfilment of this purpose, the Seller shall without a delay secure the liquidation of Buyer´s personal information. The Buyer may in a written form, at any time, revoke his or hers consent with the processing of personal information. This consent shall cease to exist within the time period of 1 month, starting from the day of delivery of Buyer´s recall of consent.
10. The Buyer shall be called upon, before sending of the order, to confirm by checking the appropriate square, that he or she was informed in sufficient, comprehensible and irredeemable manner by the Seller about:
a) Seller´s Company Registration Number (ICO), which is stipulated in the section I.(1) of these Terms and Conditions,
b) the identification data of a third party, which is represented by the company which shall deliver the ordered goods to the Buyer, by stating these information in the acceptance,
c) the purpose of processing of Buyer´s personal data, which is the performance of sales contract between the Buyer and Seller,
d) that the Seller shall process the Buyer´s personal information in the extent of name and surname, address of permanent residence including the postal code, phone number and e-mail address in the case of natural person, and in the extent of business name, address of registered office including the postal code, Company Registration Number (ICO), phone number and e-mail address in a case of legal person,
e) the fact that the Buyer is obliged to provide these personal information.
11. The Seller announces that the personal information will be processed in accordance with good manners and by means, which do not oppose the Act or other legally binding enactments and that he or she will not evade them. The Seller claims that he or she will not force the consent of particular person and will not underlie it by threats of refusal of contract relation, services, goods or Seller´s obligations.
12. The Buyer shall have a right, based on a written request, to demand from the Seller:
a) confirmation whether his personal data are or are not being processed,
b) purpose for which his personal data are processed,
c) information in a generally intelligible form about the state of processing of his personal data in the filing system and in the extent:
i) identification data of the Seller and his representative, if appointed,
ii) identification data of the intermediary, this does not apply if the Seller does not follow the rules stipulated in §8 of the Act,
d) exact information, in a generally intelligible form, about the source from which the Seller obtained his personal data for their processing,
e) list of his personal data, in a generally intelligible form, which constitute the subject of the processing,
f) complementary information, which are in relation to all circumstances and conditions of processing of personal data necessary for the Buyer to ensure his or her by law protected interests in the following extent:
i) instructions about voluntariness or obligation to provide required personal information, if the Seller obtains the personal information based on the Buyers consent in accordance with §11 of the Act, he or she shall inform the Buyer about the starting point of the validity of Buyers consent, and if the Buyer´s obligation to provide personal information emerges directly from the legally binding Act of European Union, international treaty by which Slovak Republic is bound or law, the Seller shall inform the Buyer about the legal base constituting this obligation and about the consequences of refusal to provide personal information,
ii) information about third parties, if it may be presumed or it is clear that personal information will be given to them,
iii) circle of recipients, if it may be presumed or it is clear that personal information will be accessible for them,
iv) form of publication, if personal data shall be publicised,
v) third countries, if it may be presumed or it is clear that the transfer of personal data will be made to these countries,
g) rectification of Buyer´s inaccurate, incomplete or not updated personal data, which constitute the subject of the processing,
h) erasure of Buyer´s personal data, if the purpose of their processing was fulfilled; if any official documents containing personal data constitute the subject of the processing, the Buyer may request their returning,
i) erasure of personal data which constitute the subject of processing if there was a violation in the Act or other law.
13. The buyer is entitled to object, based on a written request free of charge, against Seller´s:
a) processing of his or hers personal data, about which he or she presumes that they will be processed for the purposes of direct marketing without his or hers consent and shall request liquidation (erasure) of such data,
b) usage of personal information stipulated in §10(3d) of the Act for the purposes of direct marketing in the postal communication, or
c) supply of personal information stipulated in §10(3d) of the Act for the purposes of direct marketing.
14. The Buyer, based on a written request free of charge, shall have a right to object to the Seller against processing of personal data, in accordance with §10(3a,e,f,g) of the Act by pronouncement of the legitimate reasons or production of the evidence of infringement into his or hers rights and legally protected interest, which are or might be, in this concrete case, violated by this processing. The Seller is obliged to block and erase, without a delay, such personal information immediately if possible, if it is proven that the Buyer´s request was legitimate and if no legal reasons interfere.
15. The Buyer shall be further entitled anytime upon a written request or in person, provided that the matter cannot be postponed, to object to the controller and refuse to submit to the controller’s decision, which would have legal effects or an eminent impact on him or her, in a case that such a decision was issued exclusively on the basis of automatic processing of personal information. The data subject shall be entitled to request the Seller for examination of the issued decision by a method other than the automatic processing, whereas the Seller shall be obliged to satisfy the request of the data subject in such manner that the entitled person shall have a decisive role in the examination of the decision; the Seller shall inform the Buyer about the manner of examination and the outcome of his finding. The Buyer shall be deprived of the above right only if so stipulated by a special Act in which are regulated the measures for securing the legitimate rights of the Buyer or if the Seller issued a decision satisfying the request of the Buyer during the pre-contractual relationship or in the course of existence of contractual relationship or if the Seller adopted other adequate measures to ensure Buyer’s legitimate interests based on the contract.
16. If the Buyer exercises his or hers right in a written form and it emerges from its content that the Buyer is exercising his or her right, this request shall be deemed as submitted in accordance with this Act. The request submitted in an electronic form or via the fax machine shall be delivered by the Buyer in a written form within 3 days of its submission the latest.
17. In the course of suspicion of unlawful processing of Buyers personal data, the Buyer is entitled to file a complaint to the Office for protection of personal information (further as the “Office”). If the Buyer does not enjoy a full legal capacity, his rights may be exercised by his legal representative.
18. The Seller shall be obliged to satisfy the Buyer’s request under the present Terms and Conditions, in other words to satisfy the Buyer´s demands according to the Act and inform the Buyer in written form, ,not later than in 30 days’ from the date of delivery of the request.
19. The Seller shall be obliged to notify the Buyer and the Office, without undue delay, about the restrictions of Buyer’s rights under §28(2) of the Act.
20. Hereby, the Seller notifies the Buyer, in accordance with §15(1.e)3-4) of the Act, that during the processing of Buyer´s personal information these will be provided and made available for the following third parties (circle of recipients):
Business name: Direct Parcel Distribution s.r.o., Registered Office: Technická 7, Bratislava 821 04, Company Registration Number (ICO): 35 834 498, VAT Registration Number: 2021648739, VAT Number: SK2021648739.
21. Information systems of Seller´s e-commerce are registered in compliance with Act no. 122/2013 Coll. On Protection of Personal Data.
Acceptable use and protection of our website and data
- NOT use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.
- NOT use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- NOT use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- NOT conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
- NOT access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing.
- NOT use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- NOT use data collected from our website to contact individuals, companies or other persons or entities.
- Ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
Breaches of these Terms and Conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to our website;
- permanently prohibit you from accessing our website;
- block computers using your IP address from accessing our website;
- contact any or all of your internet service providers and request that they block your access to our website; 6. commence legal action against you, whether for breach of contract or otherwise; and/or
- suspend or delete your account on our website at any time.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking also creating and/or using a different account.
XII. SUPERVISORY BODY
1. The supervision over the compliance with the Seller´s obligations towards the Buyer is executed by the Slovak Trade Inspection (STI):
The Inspectorate for Bratislava Region of Slovak Republic
address: Prievozská 32, P. O. BOX 5, 820 07 Bratislava 27
phone number: 02/58272
XIII. FINAL PROVISIONS
1. The present Terms and Conditions shall hold in the wording, set forth at the websites www.flexitylife.com, on the day of send out of order by the Buyer, who accepts them without any reservations, what shall be also confirmed by the Buyer´s active click during the order´s confirmation.
2. The Seller reserves a right for potential changes or supplementation of Terms and Conditions. The formation of an order shall be governed by the Terms and Conditions valid and effective during the formation of this order.
3. These Terms and Conditions shall come into force by September 2019.
4. The present Terms and Conditions have been consulted with the civic association:
- SOS – Consumers Protection (www.ochrana-spotrebitela.sk), which is also an operator of website www.obchodne-podmienky.sk. The awarded certificate and logo SOS shall verify these established facts.
5. In case of any uncertainty, with regards to these Terms and Conditions, please contact SOS on their e-mail address: firstname.lastname@example.org.
In the case of foreign orders, the purchasing relationship is governed by Slovak Law.
FORM FOR CONTRACT WITHDRAWAL
(Please fill in this form and send it only in case that you wish to withdraw from the contract)
To whom it may concern:
having its registered office at: Luda Zúbka 2, 84101, Bratislava, Slovakia, Company Registration Number (ICO): 35731389, registered with the District Court Bratislava I, Insert No.: 81976/B.
VAT Registration Number (IC DPH): SK2021344160
VAT Number (DIC): SK2021344160
Phone Number: +421 902 549 264
Hereby I declare/ we declare (*), that I withdraw/ we withdraw (*) from the sales contract for the purchase of these goods/ the contract to provide a service (*): ..............
Date of order/date of intake (*) ..............
Name of the Buyer/ Buyers (*) ...............
Adress of the Buyer/ Buyers (*) ..............
Buyer´s signature/Signature of Buyers (*) (only if this form is submitted in the list form) ..........................
(*) Cross out the unfit statements.