Section 1: Basic provisions
- These general business conditions (further just „GBC“) regulate rights and obligations of company ENERGYflex s.r.o., address: Karpatské square 10/A, 831 06 Bratislava, Slovak republic, Company registration number: 52 070 255 registered in Business register of District court of Bratislava I, section: Sro, inset number: 134112/B, address for deliveries: Karpatské square 10/A, 831 06 Bratislava (further just „the seller“) and the buyer (further just „the buyer“) during the purchase of product via seller’s e-shop energyflexcollagen.eu (further just „energyflex collagen“).
- These general business conditions form an integral part of a sale contract closed between the seller and the buyer longitudinally through electronic shop on the internet. (further just „sale contract“). (The seller and the consumer further just „contracting parties“). In case that the seller and the buyer close a written sale contract, in which they agree on different terms than general business conditions, they will prefer the clauses of sale contract to general business conditions.
- These GBC are valid in the territory of Slovak republic and other countries of EU for the purchase of product via internet shop (further just „e-shop“) on www.energyflexcollagen.eu. GBC apply on the day of their publication on www.energyflecollagen.eu
- By placing an order the buyer affirms that they were thoroughly advised about general business conditions, understood its content and accept them in this form without reservation.
- The seller does not guarantee instant availability of the product in stock
Section 2: Definition of terms
- The seller is understood as the e-shop operator on www.energyflexcollagen.eu (ENERGYflex s.r.o., Company registration number: 52 070 255, VAT identification number: 2120909538 TAX number: SK2120909538)
- The buyer is understood as a natural person or a corporate entity, who purchases products or uses services, and that is either as a consumer or a businessman.
- The buying consumer is in terms of 2 a) Act nb. 250/2007 of Collection of laws about consumer protection in the form of latter regulations (further just a law about consumer protection) natural person, who while closing and fulfilling the consumer contract does not act within the subject of their business activities, employment or job.
- The consumer contract is every contract regardless of its legal form, which is closed between the provider and the consumer.
- The contract closed longitudinally is a contract between the seller and the buyer that was agreed on and closed solely through one or multiple means of distant communication without current physical presence of the seller and the buyer, in particular by using web page, electronic mail, telephone, fax, address sheet or catalogue.
- The electronic order is understood as a sent electronic form, containing information about the buyer, the list of purchased products from e-shop’s offer on energyflexcollagen.eu and the final price of this product that was managed by e-shop’s system.
- The product is understood as all products presented in seller’s valid catalogue on energyflexcollagen.eu. The process of buyer’s registration, electronic order of the product and payment realization for product ordered electronically as well as buyer’s personal data management is protected and secured via SSL certificate. „Lets encrypt ssl“ certificate offers complete verification of processes mentioned above. It also secures safe storing of personal and confidential information during transmission from buyer’s browser to energyflexcollagen.eu.
- Authority’s supervision is provided by
Inspectorate SOI for Bratislava’s region, address: Prievozská 32, P.O.BOX 5. 820 07 Bratislava 27, department of technical supervision of products and consumer protection, tel. number 02/58272 172, 02/58272 104
Section 3: Product prices
- The buying price of products that are being offered by the seller via energyflexcollagen.eu is always presented in the window of selected product and is current and valid. The buying price is always presented without the Value Added Tax, if it’s not presented otherwise. The final price is the summary price presented in order form right before sending the order. The final price is presented without VAT, but includes other taxes and charges (e.g. Postal charges), which needs to be covered by the buyer in order to receive the product. This price can be changed only based on mutual agreement of both contracting parties.
- The seller reserves the right to unilaterally adjust (raise/lower) product prices presented on www.energyflexcollagen.eu with that the new product prices apply for the buyer on the day of their publication on www.energyflexcollagen.eu. This price adjustment is not related to products that had already been purchased by the buyer.
- In case that there is an appearance of evidently incorrect price next to any product on www.energyflexcollagen.eu, if it’s a product commonly available on www.energyflexcollagen.eu and its price is visibly different from the usual price, or because of system’s error and inaccurate display of information the price next to the product is evidently incorrect, it is suspiciously low or if it’s an evident typographical error, during a strong rise of inflation, or during definite changes of the provider, the seller is not obligated to deliver the product for incorrect price, but they can offer to deliver the product for a proper price.
- The sale document including the product price is a bill, which is sent to the email listed in the order after its finalization and payment of the product. During personal pickup at the store the sale document is a bill from the cash register.
Section 4: Closing a sale contract
- Sale contract’s closing occurs between the seller and the buyer while sending the order form on checkout page after selecting the product and the product amount, filling a form and confirming it with the „complete order“ button. (further just an order).
- The buyer has an option to check the order and potentially edit it before sending it.
- Condition for validity of the electronic order is truthful and complete fulfillment of all registration forms.
- The seller is not responsible for delay of the delivery and for damage that had been caused as a result of the buyer not presenting all required information and/or filling registration form incorrectly.
- The received electronic order is considered as a proposal of sale contract and it is binding.
- The sale contract between the seller and the buyer results based on binding confirmation of electronic order in the system. Binding confirmation is understood as an order confirmed by email from the seller (sent to buyer’s email address presented in buyer’s electronic order), otherwise it stands that closing of the sale contract between contracting parties did not happen. The buyer is obligated to check the content of electronic order presented in the email from the seller. In case of finding some irregularities related to content of the electronic order confirmed by the seller, the buyer is obligated to notify the seller via email sent to email address email@example.com.
- This information is regarded as essential requirements for electronic order: Buyer’s identification, that is business name or name and surname, address, company registration number, VAT identification number, contact (telephone number and email address); product in accordance to the catalogue or its description; amount of ordered product; address of product delivery if it’s different than buyer’s address (if this information will not be presented, it’s considered that the product should be delivered to buyer’s address), time of product’s delivery (day, hour), if the buyer makes an arrangement with the seller that differs from GBC; name and surname of a person authorized for accepting the delivered product (if this information will not be presented, it’s considered that the buyer is authorized for accepting the delivered product, potentially any other employee of theirs). If the order does not include essential requirements mentioned in the previous section, it is considered as incomplete.
Section 5: The abandonment of contract
- The buyer – consumer in accordance with act of consumer protection during product sale or while providing services based on contract closed longitudinally or contract closed beyond seller’s business area number 102/2014 of Collection of laws has a right to abandon the contract closed in this manner without giving a reason within 14 calendar days since the day of obtaining the product, meanwhile it’s inevitable to send a letter of the abandonment to the seller in the appointed time. The buyer has this right also in case if they picked up the product ordered via internet in person at seller’s dispensing point on the address Račianska 96, OPTIMUM, Bratislava 83102.
- The product should be returned by the buying consumer within 14 days at latest since the day of abandonment of contract and it should be mainly but not exclusively: complete, packed, with intact protective packaging, defectless, clean, preferably including the original packaging, in condition and for value, which the product was received in. In case of abandoning of the contract within 14 days the buying consumer has to send a letter of abandonment to email address firstname.lastname@example.org, they can potentially use the form for abandonment of contract on web page www.energyflexcollagen.eu. The product should be sent by registered mail and insured, because we do not answer for product’s potential loss on its way to us. Cash on deliveries will not be accepted.
- Money for the returned product will be refunded to the buying consumer within 14 days at latest since the day of receiving a notification about abandonment of the contract.
- Except for the cases, where the abandonment of the contract is specifically negotiated, the consumer cannot abandon the contracts: during the sale of a product enclosed in protective packaging, which is not suitable for return because of health protection or because of hygienic reasons and whose protective packaging has been violated after being delivered.
Section 6: Delivery time
- If it’s presented that the product is in stock, it means that we have it in the amount of minimally 1 piece and we can ship it within 3 (three) work days at latest after accepting the order and its complete payment. The buyer has the right to abandon the contract in case of prolonging the delivery time.
- While obtaining the product the buyer is obligated to check if the package, which the product is packed in is not damaged. In case of damage it’s inevitable to write a protocol about discovered defects caused during the transport with the transporter – authorized person/courier service at a place of delivery.
- Product delivery to the territories of all the other members of European union, in some cases other countries is being executed based on previous agreement and mutual written consent to the price for postal charge and packaging and eventually other delivery terms between the buyer and the seller. The seller reserves the right to refuse to deliver the product outside the territory.
Section 7: Transport and postal charges
- The product is sent by the seller according to buyer’s choice, and that is either via personal pickup after the agreement with the seller and that is on the address Energy Flex Bratislava Račianska 96, OPTIMUM, Bratislava 83102, Hall D, door number: 304 or at the address Energy Flex Košice, Zvonárska 15, 04001, Košice
- by authorized person or courier service, whom the seller cooperates with since the moment of product send off. Delivery time presented while placing an order means the number of days till particular titles arrive to buyer’s address.
- We add postal charges depending on selected form of product delivery to product price.
- We do not charge for any other fees or packaging. Presented charges apply to delivering packages in the territory of Slovakia. In case of splitting the order into multiple packages based on your wish, postal charges can be charged for every package separately.
Section 8: Forms of payment
- Payments are being realized in Euros and the seller requires one of the following forms of payment:
- direct payment to bank account: Payment details will be sent to you via email, after the order finalization. After sending the order, send your payment directly to our bank account. Use the number of your order for payment identification (variable symbol).
- electronic banking (payment in advance through bank transfer) : During this form of payment the product is sent to the buyer after the payment and after the whole product sum presented in the electronic order had been put down to account ENERGYflex.r.o. , variable symbol: use the number of your electronic order. For Slovak customers: IBAN: SK35 0900 0000 0050 5840 5425, Bank transfer: Slovenská sporiteľňa, a.s.. For foreign payments SWIFT (BIC)code: GIBASKBX
- Gateway Global payments through payment with credit card
Section 9: Ownership and warranty
- The consumer acquires ownership of the product only by complete payment of product’s full buying price.
- The risk of product damage passes onto the buyer in the moment when they obtain the product from the seller, or if they do not do so in time, in the moment when the seller allows the buyer to deal with the product and the buyer does not take the product.
Section 10: Rights and obligations of contracting parties
- The seller is mainly obligated to:
- to provide information to the buyer according to relevant clauses of act of costumer protection and act of costumer protection during product sale or while providing services based on contract closed longitudinally or contract closed beyond seller’s business area and clauses about changes and completion of some acts in form of latter legal enactments and other relevant legal enactments,
- to pack the product for transport so no damage of the product occurs,
- to properly deliver ordered product to the buyer at a place of destination and on time,
- to at the very least deliver all the documents needed for proper acceptance and usage of the product in accord with relevant legal enactments together with the product.
- The seller has a right to abandon the contract, if they are not able to properly deliver the product to the buyer on time, mainly because of sellout of supplies or unavailability of the product. The costumer will be informed about the order cancellation through telephone or email and in case of payment of buying price or a part of it, the financial means will be refunded within a period of 15 days to the account assigned by the costumer, unless they agree on something else with the seller.
- The buyer is mainly obligated to:
- to obtain the product on time and at a place of destination,
- to pay given buying prize to the seller in the payback period, including the charges for product delivery, unless the contracting parties agreed on the fact that the seller covers the charges for product delivery,
- The consumer is aware that in case of infringement of contract obligations accrued from the sale contract they answer for damage, which ensued by this infringement in terms of § 420 of Civil code.
- The buyer has a right to a proper and on time delivery of the product from the seller
- Any conflicts ensued in relation to the sale contract, with these general conditions as an enclosure, will be handled only according to relevant legal enactments of Slovak republic’s Law system.
Section 11: Personal data protection
- The complete version of personal data protection and its management can be found in personal data protection document (GDPR) by clicking on this reference
Section 12: Unexpected occurrences
- Both contracting parties are not responsible for the impossibility of the fulfillment in case there is an occurrence influenced by „vis maior,“ that is inevitable accident. The occurrence influenced by vis maior is considered as an occurrence that cannot be foreseen by contracting parties and that cannot be prevented even while exerting the highest possible professional care.
Section 13: Ending clauses
- While purchasing a product on energyflexcollagen.eu we assume that the buyer has a knowledge in internet’s technical possibilities and accepts possible problems conditioned by the technology.
- The seller is not responsible for any damages caused by faulty connection on www.energyflexcollagen.eu . Computer protection or potential protection of data stored in the computer is on the buyer.
- The seller advises of the fact that the information presented on www.energyflexcollagen.eu can be updated without previous warnings.
- The seller is not accountable for direct, indirect or exceptional damages caused by using information from energyflexcollagen.eu against other party.
- The seller can change products presented on www.energyflexcollagen.eu. at any time without previous warnings.
- The seller reserves the right to change and/or amend these GBC at any time. Changes and/or complements of these GBC apply on the day of their publication on www.energyflexcollagen.eu
- Contracting parties agreed on the fact that all the conflicts, which can ensue between them from legal relations based on the contract or related contracts, including conflicts about the validity, display and ending of this contract will be preferably handled in the form of compromise.
- By sending an electronic offer to the seller, the buyer also affirms their implicit agreement with seller’s GBC.