General terms and conditions of the MAYAMI-STRINGS.EU online store
Establishing business conditions between the seller and the buyer (hereinafter referred to as "GTC")
- These GTC apply to purchases on the seller’s mayami-strings.eu web portal operated at www.mayami-strings.eu (hereinafter also referred to as the “mayami-strings.eu web shop web portal”), while defining and specifying the rights and obligations of the seller and the buyer.
- The operator (seller) on the web portal of the mayami-strings.eu online store is GREEN FOX s.r.o., Jégého 10, 821 08, Bratislava, Slovakia, Company number: 54 046 351 (hereinafter referred to as the “seller”).
- The customer (buyer) on the web portal of the mayami-strings.eu online store is any natural or legal person who sends an electronic form with an order for goods (product(s)).
- The purchase of goods is realized in the form of issuing and sending the order to the buyer on the web portal of the mayami-strings.eu online store, provided that the buyer’s order must be approved (accepted) by the seller in accordance with the GTC, otherwise a contractual relationship will not arise. Prior to sending the order to the buyer, the buyer is notified and provided with information on the web portal of the mayami-strings.eu online store and in the GTC in accordance with special regulations, in particular in accordance with Art. 3 of Act no. 102/2014 Coll. By sending the order, the buyer confirms that he was acquainted with the GTC before sending the order on the web portal of the mayami-strings.eu online store, stating that with the submission of the order and part of the order is the obligation to pay the price of the ordered goods.
- The buyer follows the navigation instructions on the mayami-strings.eu online store web portal. The buyer is obliged to provide complete, true and correct information necessary for the correct delivery of the goods. The buyer is obliged to check the accuracy of the selected data and data in the process of ordering goods before their final sending to the seller.
- The buyer’s order is considered sent if it is delivered to the seller and if it contains all the required information – the name of the ordered goods, its quantity, price, delivery, billing address, e-mail and telephone contact to the buyer. When ordering goods as a natural person – non-entrepreneur, it is necessary to provide the following information: name, surname, address where the goods are to be delivered, telephone number and e-mail. If you are shopping as a legal person (for a company or trade), it is necessary to state the following data in the order: business name, company ID number, VAT number / VAT number and invoicing address, if different from the delivery address.
- The buyer’s order is the buyer’s proposal to conclude a purchase contract under contractual conditions in accordance with these GTC. The order is intended for the seller to be accepted by the seller within 5 days of its delivery to the seller. By sending the order to the seller on the web portal of the mayami-strings.eu online store, the buyer expresses the will to be bound by their order during the specified period, to buy and take over the selected goods at the purchase price, in accordance with the terms of these GTC, subject to acceptance by the seller.
- Acceptance of the order of goods by the seller, and thus the conclusion of the purchase contract is based on the confirmation of this correctly and fully completed order in electronic form (e-mail) by the seller. After delivery of the order, the seller electronically immediately confirms the buyer’s order, i.e. informs the buyer about the receipt and inclusion of the buyer’s order in the seller’s system.
- All received electronic orders of goods are considered binding. The seller has the right to cancel the order in case of non-delivery of goods due to force majeure, due to discontinuation of its production, due to its sale or due to inability to deliver at the price listed on the web portal mayami-strings.eu. In all these cases, the seller informs the buyer. The buyer has the right to refuse the possibility of delivery of replacement goods and to withdraw from the order of the said goods. In case of payment of the purchase price or its part, upon cancellation of the order, the funds will be returned to the buyer within 14 days in the same way as was used for payment for the goods, unless the buyer requests otherwise. The seller is entitled to unilaterally withdraw from the contract and / or not hand over the goods to the buyer even if they find that the communication was provided with incorrect, incomplete or false information about the buyer, the person taking over the goods or if there is a risk that in consequence of the behaviour of the person, with whom the seller communicated may cause damage on the part of the seller (e.g. fraudulent proceedings).
- The buyer is obliged to pay the seller for the goods the purchase price and the price of transport according to the order (concluded purchase contract). When creating an order, these items are also summarized as the sum of the price of the goods and shipping. The purchase price of goods does not include bank fees for payment of the purchase price, costs of transport of goods, costs of cash on delivery, costs of delivery of purchased goods, costs of using electronic means of communication, consulting. The buyer is obliged to pay these fees and costs, unless stated otherwise. When paying from abroad, the buyer, as the payer, is obliged to bear the fees of their bank and other fees, especially of the correspondent banks and the beneficiary’s bank.
- The price of the goods is determined according to the valid price list. Discounted (special) prices of goods are clearly marked with symbols (such as “special” or “sale”). The validity of the preferential prices lasts until the stocks are sold out or for the duration of the period stated at the preferential price.
- The price of the goods may change, especially not only due to an obvious typographical or other error concerning the price of the goods found in the seller’s system or published with the goods on the mayami-strings.eu web store web portal. The buyer as well as the seller are entitled to cancel the order until the moment of taking over the goods, or withdraw from the purchase contract if the buyer is notified of a change in the purchase price of an item due to an obvious typographical or other error concerning the price of the goods.
- The method of payment of the purchase price will be agreed in the purchase contract itself, following the choice of the buyer made in their order, where the buyer has a choice of several options for payment of the purchase price.
- The seller will issue and deliver an invoice to the buyer in accordance with applicable law. By sending the order, the buyer agrees that the invoice should be sent together with the goods or made available to the buyer electronically. The invoice is at the same time a delivery note and a guarantee certificate, unless a separate guarantee certificate is delivered.
- The place of performance of the purchase contract means the registered office (residence) or place of business of the buyer specified in the electronic order form. The goods will be delivered by the seller using the services of third parties (contractual carrier, courier service) or the seller will deliver the goods by their own means or, based on an agreement with the buyer, the goods will be ready for delivery by the seller. Delivery of goods is made by handing it over to the buyer or handing over the goods for transport to the contractual carrier.
- The seller will deliver the goods to the buyer as soon as possible after receiving the electronic form with the order within the delivery times listed on the web portal of the mayami-strings.eu online store. The buyer acknowledges that the stated delivery dates (delivery times) are for guidance only.
- The buyer is informed that the seller is entitled to deliver the goods by several separate deliveries, provided that for such separate deliveries of goods the price of transport applies as when accepting the order (i.e. more shipments are charged only for the price of one shipment).
- If the goods are delivered by a contractual carrier, the buyer gives the seller explicit consent to provide the necessary personal data for the purpose of delivery of goods (name / business name, address, telephone) to the contractual carrier.
- Upon receipt of the goods, the buyer will receive a receipt of the goods, which is also proof of payment for the goods in the case of cash on delivery. The proof of receipt of the goods is also an order for the goods in writing. Tax document with quantification of the purchase price – the buyer will receive the invoice together with the goods or it will be made available to the buyer electronically.
- In the event that the buyer does not pay and does not take over the ordered goods outside the situation of damage to the goods upon delivery (the consignment will be returned as undelivered without the fault of the seller, e.g. if the contractual carrier did not find the addressee, did not notify the deposit, the buyer inadvertently or intentionally did not take over the consignment, etc.), the seller is entitled to claim against the buyer all costs incurred in this connection. A buyer who has not accepted the order will be sent an email with a request for information on what to do with his order. The buyer has 7 days from the date of sending the message to respond to this call. If the buyer requests the re-dispatch of such returned shipment, the seller will add to the total price of the shipment a second handling fee and postage according to the valid price list. Re-dispatch of such a returned shipment is possible only upon payment in advance. If the buyer does not respond to the seller’s request within the specified period, the order will be canceled by the seller.
- Ownership of the goods passes to the buyer by taking over the goods after paying the purchase price specified in the order in full. Until the transfer of ownership rights from the seller to the buyer, the buyer has all the obligations of the custodian and is obliged to safely store the goods at his own expense and mark them so that they are identifiable as the seller’s goods in all circumstances.
- In accordance with the law and these GTC, the purchasing consumer has the opportunity to withdraw from the contract within 14 calendar days from the date of receipt of the goods without giving a reason. In this case, the buyer fills in the form for withdrawal from the contract with the order number, product number, date of purchase and IBAN account number for financial settlement. For this purpose, the buyer consumer may use the sample withdrawal form sent to the buyer or made available on the mayami-strings.eu web shop web portal. The withdrawal period is maintained if the purchasing consumer sends a notice of the exercise of the right of withdrawal before the withdrawal period expires. More detailed conditions are regulated in Act no. 102/2014 Coll. Upon withdrawal from the contract, the seller will return to the buyer consumer all payments that the seller is obliged to return under the law. Payments will be returned by the seller to the buyer without undue delay, no later than 14 days from the date of delivery of the returned goods back to the address of the seller’s warehouse: isklad 211694/09, GREEN FOX s.r.o., Diaľničná cesta 5, Hala D, gate 35, 90301 Senec, Slovakia. Their payment will be made by bank transfer to the account selected by the buyer. The direct cost of returning the goods is borne by the consumer buyer. The goods must be sent back in unused and resold condition and also in the original packaging. The purchasing consumer is responsible for any reduction in the value of the goods as a result of handling them in a manner other than that necessary to determine the nature, properties and functionality of the goods. The purchasing consumer may not withdraw from the contract in cases under Provision Article 7 section 6 of Act no. 102/2014 Coll.
If the buyer chooses to personally pick up the goods in the seller’s warehouse, the buyer is obliged to properly inspect and check the selected goods during personal collection, as the buyer is not entitled to withdraw from the purchase contract for goods purchased in this way.
- The warranty conditions are separately regulated in the part of the complaint of the goods. The buyer was sufficiently informed of the information about the complaint before concluding the purchase contract and had the opportunity to get acquainted with it in full before concluding the purchase contract.
- The seller is not responsible for delayed delivery of goods caused by the courier or the incorrect address of the buyer.
- The buyer is obliged to thoroughly check the goods upon receipt from the delivery person and confirm the receipt of the goods with their signature on the receipt of the goods. If the shipment is visibly damaged or destroyed, the buyer is obliged to contact the seller immediately without taking over the shipment. Complaints for possible non-delivery of goods due to the delivery person or damage to the goods caused by the delivery person must be made directly to the delivery person in such cases. Complaints of mechanical damage to the goods caused by transport, the receipt of which has been confirmed without defects by the buyer to the delivery person, will not be recognized by the seller as justified and performance from such a complaint will not be provided by the buyer.
- The Buyer declares that they agreee in accordance with Art. 7 par. 1 of Act no. 428/2002 Coll. on the protection of personal data, as amended, for the seller to process and store their personal data, in particular those listed above and / or which are necessary for the activities of the seller and process them in all its information systems. The buyer grants the seller this consent for an indefinite period. The buyer may revoke the consent to the processing of personal data at any time in writing (by e-mail, letter) or by telephone, on the basis of which the seller deletes his personal data from his database.
- The legal basis for the processing of personal data is Act no. 122/2013 Coll. on the protection of personal data and on the amendment of certain laws, other generally binding legal regulations and / or the consent of the buyer pursuant to the above-mentioned law. This information and consent is provided by the buyer voluntarily. Without the provision of this information, it is not possible to make a purchase, deliver the goods and it is not possible to issue or deliver a proof of purchase. By sending the order, the buyer provides consent and the seller informs the buyer that the personal data provided may be:
- provided to third parties to the extent necessary for the preparation, performance and control of the contract, the performance of rights and obligations,
- made available to recipients who participate in the preparation, implementation of the purchase order, in the preparation and implementation of information messages on the basis of the consent provided by the buyer.
As the affected person, the buyer has rights especially according to Act no. 122/2013 Coll. on the protection of personal data and on the amendment of certain laws. On the basis of a written request delivered to the seller’s address, the buyer has the right in particular to request confirmation of whether or not personal data about the buyer are processed and to object to the processing of personal data of the buyer, which they assume are or will be processed for direct marketing purposes without the consent of the buyer, and request their liquidation. If the seller is obliged to provide and / or deliver mandatory information to the buyer and this obligation is not fulfilled in the form of publication in the GTC, by order you agree to provide the buyer with this information by e-mail or SMS message to the provided contact information, or in another suitable way.
- In addition to the general provisions of the Civil Code, special regulations apply to business relations (as well as other legal relations that may result from it) with natural persons who do not act in concluding business contracts according to these GTC within the scope of their business activities, in particular Act no. 102/2014 on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws as amended, Act no. 250/2007 on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, Act no. 391/2015 on the alternative resolution of consumer disputes and on the amendment of certain laws as amended.
- The provisions of the Commercial Code shall apply to business relations with natural persons – entrepreneurs and legal entities not regulated by these business conditions, in accordance with the provisions of Art. 262 of the Commercial Code, even in such a case, if their relationship does not fall under the relationships specified in Art. 261 Commercial Code. In the event that any provision of these terms and conditions is invalid or loses its validity, this does not affect the validity of the other provisions of these terms and conditions.
- Buyers and sellers have agreed to fully recognize the electronic form of communication, in particular via electronic mail and the Internet, as valid and binding on both parties. Electronic form of communication is not acceptable in case of withdrawal from the purchase contract.
- By sending the order, the buyer confirms that he has read these GTC and agrees with them in full. Notwithstanding the other provisions of these GTC, the seller is not liable to the buyer for lost profits, loss of opportunity or any other indirect or consequential losses due to negligence, breach of contract or otherwise. In the event that the competent authorities of the Slovak Republic prove certain provisions of these GTC as invalid or unenforceable, in whole or in part, the validity and enforceability of other provisions of the GTC and the remaining parts of the relevant provision of the GTC remain unaffected.
- The applicable substantive and procedural law is the law of the Slovak Republic. All disputes arising from the GTC, the contract or in connection with them, including disputes over the supply of goods will be heard and decided exclusively by the courts in the Slovak Republic under the law of the Slovak Republic or will be solved alternatively in accordance with Act no. 391/2015 on the alternative resolution of consumer disputes and on the amendment of certain laws as amended.
- The GTC are valid as stated on the web portal of the seller’s mayami-strings.eu online store on the day of sending the electronic order form, unless otherwise expressly agreed between the two parties.
- The seller reserves the right to change these GTC. The obligation to notify the change of the GTC in writing is fulfilled by placing it on the store’s website.
- These GTC are published and valid from 01.10.2020 and fully replace the previous GTC. The seller reserves the right to change the GTC without prior notice.