Terms and Conditions – AirProtect, s. r. o.

effective from 03/28/2023

I.

INTRODUCTORY PROVISIONS

 

1. These general terms and conditions govern the general terms and conditions, the method of providing electronic services and sales carried out via the online store www.airprotect.eu (hereinafter referred to as the “e-shop”), where on the one hand the store operator is AirProtect, s. r. o., registered office: Lichardova 2801 /10, 010 01 Žilina, Company Identification Number: 53 846 133, Tax Identification Number: 2121508851, VAT Number: SK2121508851, a company registered in the Commercial Register of the District Court of Žilina, section Sro, file no. 77454/L as the seller (hereinafter referred to as the “seller”) and on the other side is the buyer, who can also be a consumer.

 

2. The seller can be contacted as follows:

 By e-mail: air.protect.official@gmail.com

 phone number: +421 910 987 555

 through the contact form

 

3. These terms and conditions are available on the website www.airprotect.eu so that they can be searched, reproduced and recorded at any time by printing or saving on a medium.

 

4. The seller points out that the use of services provided electronically may pose a risk for every Internet user, consisting of the possibility of introducing malicious software into the customer’s information system and the acquisition and modification of the customer’s data by unauthorized persons. In order to prevent the risk of such threats, the Customer should use appropriate technical measures to minimize their occurrence, especially antivirus programs and firewalls.

 

 

II.

DEFINITION OF TERMS

 

Terms used in these Terms have the following meanings:

 

1. Working days – means days from Monday to Friday excluding public holidays;

 

2. Customer – a natural person who has full legal capacity, a natural person doing business, a legal entity or an organizational component that is not a legal entity, whose special regulation grants legal capacity, who places an Order in the e-shop or uses other services available in the e-shop;

 

3. Civil Code – Act No. 40/1964 Coll. Civil Code as amended;

 

4. Customer account – part of the e-shop assigned to the relevant Customer, through which the Customer can perform specific actions in the e-shop;

 

5. Consumer – A customer who is a consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity or other business activity.;

 

6. Entrepreneur – A customer who is an entrepreneur or a legal entity registered in the relevant register. For the purposes of the General Terms and Conditions, if the buyer states his identification number in the order, then he is governed by the provisions of these General Terms and Conditions intended for entrepreneurs. Legal relationships not regulated by these GTC or the purchase contract are governed by the provisions of Act No. 513/1991 Coll. Commercial Code as amended and related regulations. If there is a difference between the GTC and the contract, the text of the contract takes precedence over the GTC.

 

7. Terms and Conditions – this document;

 

8. Product – the product displayed in the e-shop, the description of which is given for each displayed product;

 

9. Purchase contract – a contract for the sale of Goods within the meaning of the Civil Code concluded between the Seller and the Customer as a consumer or within the meaning of the Commercial Code concluded between the Seller and the Customer as an entrepreneur;

 

10. Consumer Protection Act – Act No. 250/2007 Coll. on Consumer Protection as amended;

– Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller’s premises and on the amendment and supplementation of certain laws

 

11. Order – an expression of the Customer’s will leading directly to the conclusion of the Purchase Agreement, in which the type and number of Goods are specified.

 

III.

RULES OF USE OF THE E-SHOP

 

1. The use of the e-shop is possible provided that the IT equipment used by the Customer meets the following minimum technical requirements:

 a computer or mobile device has access to the Internet,

 computer or mobile device has access to electronic mail,

 the computer or mobile device has the Internet browser Microsoft Edge version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x or later,

 the computer or mobile device has cookies and Javascript enabled in the web browser.

 

2. Using the e-shop means any activity of the customer that leads to familiarization with the content of the e-shop.

 

3. The customer is obliged in particular to:

 not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, is defamatory or violates the personal and other rights of third parties,

 

 use the e-shop in a way that does not disrupt its operation, especially by using specific software or equipment,

 

 not to carry out activities in the e-shop such as: sending or publishing unsolicited business information (spam),

 

 use the e-shop in a way that does not burden other Customers and the Seller,

 

 use any content located in the e-shop only for personal use,

 

 use the e-shop in a manner that is in accordance with the provisions of the applicable legislation of the Slovak Republic, the provisions of the Business Terms and General Principles of Internet Use.

 

IV.

SERVICES

 

1. The seller makes it possible to use free services through the e-shop, which are provided during working days from 09:00 a.m. to 06:00 p.m.

 

2. The customer account management service in the e-shop is available after registration. Registration is done by filling in and accepting the registration form, which is available on one of the e-shop pages. The contract for the provision of the customer account management service in the e-shop is concluded for an indefinite period of time and expires based on the customer’s request to cancel the account.

 

3. The customer has the opportunity to receive business information from the seller in the form of messages sent to the e-mail address provided by the customer (newsletter service). For this purpose, it is necessary to provide the correct e-mail address or agree to the relevant field in the registration form or in the order form. The customer can withdraw his consent to the sending of business information at any time. The contract for the provision of the newsletter service is concluded for an indefinite period and expires upon the Customer’s request to remove his e-mail address from the newsletter service or to unsubscribe via the link provided in the message sent as part of the newsletter service.

 

4. The customer can send messages to the seller via the contact form. The contract for the provision of a service consisting of making available an interactive form enabling the Customer to contact the Seller is concluded for a fixed period of time and expires upon sending the administration to the Customer.

 

5. The customer has the opportunity to publish individual and subjective evaluations in the e-shop regarding, among other things, the Goods or the course of the business. By posting a review, the Customer declares that it owns all rights to this content, in particular copyright, copyright-related rights and industrial property rights. The contract for the provision of services consisting in the publication of reviews of the Goods in the e-shop is concluded for a certain period of time and expires when the review is added.

 

6. Reviews should be written clearly and comprehensibly and must not violate applicable legal regulations, including the rights of third parties – in particular, they must not be defamatory, violate personal rights, and must not represent an act of unfair competition. Published reviews are published on the e-shop website.

 

7. By publishing the evaluations, the customer agrees to the free use of these evaluations and their publication by the seller, as well as to the creation of a work in accordance with Act No. 185/2015 Coll. on Copyright (Copyright Act), rights related to copyright and on amendments and additions some laws.

 

8. The seller allows the customer to be redirected to the websites of entities providing banking services for the purpose of calculating the installment. The contract for the provision of the service consisting of redirection to the website enabling the calculation of the installment is concluded for a certain period of time and expires the moment the Customer uses the button specified for it.

 

9. The seller has the right to organize occasional competitions and promotions, the terms and conditions of which will always be listed on the e-shop. Promotions (discounts) in the e-shop are not cumulative, unless otherwise stated in the terms of the promotion.

 

10. If the customer violates the provisions of these terms and conditions, the seller may terminate the contract for the provision of services within a 14-day notice period after an ineffective notice to terminate or eliminate the violation and setting a reasonable period.

 

V.

PROCEDURE WHEN CONCLUDING A PURCHASE CONTRACT

 

1. Information about the Goods listed on the e-shop, in particular its description, technical and utility parameters and prices, do not constitute an offer but are of an informative nature only.

 

2. All goods available in the e-shop are brand new and have been legally launched.

 

3. The condition for sending the Order is to have an active e-mail address.

 

4. If the Order is sent via the Order form available on the e-shop website, the Order is sent by the Customer to the Seller in electronic form and represents a proposal to conclude a purchase contract for the Goods that are the subject of the Order. An offer submitted in electronic form is binding for the Customer if the Seller sends a confirmation of receipt of the Order to the e-mail address specified by the Customer, by which the Seller declares that it has accepted the Customer’s offer. The Purchase Agreement is concluded upon delivery of the confirmation of acceptance of the Order to the Customer.

 

5. Orders can be placed by phone, by sending an e-mail message or by sending a message via the contact form during the working days and hours indicated on the e-shop website. For this purpose, the Customer should:

 

 mention during the telephone call, in the content of the e-mail or in the content of the administration sent via the contact form the name of the Product from the Product offer on the e-shop website and its quantity,

 

 choose the method of delivery and payment from the delivery and payment options listed in the e-shop,

 

 provide the information necessary to process the order, in particular: first and last name, place of residence and e-mail address.

 

6. The Seller shall inform the Customer of the total value of the Order verbally after the completion of the entire Order or by e-mail notification together with the information that by concluding the Purchase Agreement, the Customer undertakes to pay the agreed price for the ordered Goods, whereby the Purchase Agreement is concluded at the moment of notification of the above.

 

7. In the case of a Customer who is a Consumer, the Seller will always send the Customer, after sending the Order, a confirmation of the information about the Order by phone, e-mail or via the contact form.

 

8. The contract is concluded when the Customer, who is a Consumer, sends an e-mail (in response to the confirmation of the Order data sent by the Seller) to the Seller’s e-mail address, in which the Customer: accepts the content of the sent Order and agrees to its execution and accepts the content of the Terms and Conditions and confirms reading the withdrawal instructions.

 

9. After concluding the Purchase Agreement, the Seller will confirm the information to the Customer by sending an e-mail to the Customer’s e-mail address or in writing to the address specified by the Customer.

 

10. The purchase contract is concluded in the Slovak or English language or another language based on the agreement of both contracting parties, individually negotiated, and its content must be in accordance with the Terms and Conditions.

 

VI.

SHIPPING

 

1. The goods will be delivered to the address specified by the Customer when placing the Order.

 

2. The customer can choose the following forms of delivery of the ordered Goods:

 

 through a courier company;

 

3. The Seller informs the Customer in the e-shop in the description of the Goods about the number of Working Days required to process the Order, as well as the price for the delivery of the Goods.

 

4. The Seller will provide the Customer with proof of purchase.

 

5. If different delivery times are specified for the Goods that are the subject of the Order, the longest of the specified times applies to the entire Order.

 

6. If the Customer does not accept the Goods, the Seller is entitled to charge the Customer a storage fee of EUR 5 including VAT. VAT for each day of storage. If the Customer does not take delivery of the Goods within 30 days of their storage at the Seller’s, the Seller is entitled to sell the Goods and offset the proceeds from the sale against the claim for payment of the storage fee.

 

7. In order to minimize the occurrence of damage, the seller reserves the right to deliver goods to the buyer, the amount of which in one order exceeds the amount of EUR 3,500 excluding VAT, only after full payment of the entire purchase price. After receiving the entire purchase price, the seller will ship the Goods in accordance with the order or purchase contract.

 

VII.

PRICES AND METHODS OF PAYMENT

 

1. Product prices are listed in euros and include VAT. The costs associated with the delivery of the Goods are not included in the price of the Goods and vary according to the method of delivery and payment of the Goods, unless otherwise stated for the specific Goods.

 

2. The costs of long-distance communication means do not differ from the basic rate. The costs incurred by the Customer when using the means of remote communication in connection with the conclusion of the Purchase Agreement (i.e. costs of internet connection, costs of telephone calls, etc.) are borne by the Customer.

 

3. The customer can choose the following payment methods:

 

 by bank transfer to the Seller’s bank account (in this case, the processing of the Order will begin after the Seller sends the Customer a confirmation of the receipt of the Order, and the shipment of the Goods will take place immediately after the funds have been credited to the Seller’s bank account and the Order has been completed);

 

 cash on delivery – payment to the carrier upon delivery (in this case, the processing of the Order and its dispatch will begin after the Seller sends the Customer confirmation of receipt of the Order and the Order is completed);

 

 electronic (online) payment (in this case, the processing of the Order will begin after the Seller sends the Customer confirmation of receipt of the Order and after the Seller receives information from the payment intermediary system that the Customer has made the payment, and the Goods are dispatched immediately after completing the Order);

 

4. If the seller lists special prices on the e-shop, then these are valid until the stock is sold out or, in the case of a limited number of pieces of stock goods, the stock price is valid until the number of pieces of this product is sold out or until the end of the stock, whichever occurs first.

 

5. The original price (on the website it is usually displayed as crossed out as part of the information about the discount) means the lowest price for the last 30 days before the discount of the goods, for which the goods or services in question (hereinafter referred to as the “Goods”) were offered by the seller on the e-shop. In the calculation of the original price, individual price discounts and price discounts that are not included directly in the current selling price of a particular Product are not taken into account, that is, they are not provided automatically and across the board, such as discount codes. The original price calculated and indicated in this way remains valid even if the Product is discounted several times, but for a maximum period of 90 days.

 

6. The Seller informs the Customer in the e-shop about the deadline in which the Customer is obliged to pay the Order. In the event that the Customer does not pay within the period specified in the previous sentence, the Seller may withdraw from the Agreement due to a material breach of the Purchase Agreement after an ineffective call for payment with the determination of a reasonable period.

 

7. When the shipment of goods is ready for dispatch, the seller will send the final invoice to the customer to the e-mail address provided by the customer. The Buyer agrees that the final invoice will be sent to him electronically and will be considered delivered on the day it is sent to the e-mail address provided by the Buyer

 

8. The seller informs the buyer and the buyer acknowledges that it may happen that the purchase contract is not concluded, and in the event that the buyer orders goods, he will hire services at a price that was published by mistake due to an error in the internal information system the seller, or the error of the seller’s staff. These are especially cases when the price of the goods is clearly disproportionate to the regular price published on the e-shop (e.g. error in the decimal point, the goods are cheaper by more than 50% without being in the promotional offer). In such a case, the seller can withdraw from the purchase contract, even if the buyer has received a confirmation e-mail about the receipt of the order.

 

VIII.

RIGHT OF WITHDRAWAL FROM CONTRACT

 

1. A customer who is a consumer may withdraw from the contract without giving a reason by written statement within 14 days. To comply with this deadline, it is sufficient to send a statement before it expires.

 

2. For the purposes of withdrawing from the contract, the customer can use the declaration template made available by the seller in the e-shop.
3. The period of 14 days begins to run from the day of receipt of the Goods or, in the case of the Contract for the provision of services, from the day of its conclusion.

 

4. After receiving the Consumer’s declaration of withdrawal from the contract, the Seller will send a confirmation of receipt of the declaration of withdrawal to the Consumer’s e-mail address.

 

5. The consumer’s right to withdraw from the contract is excluded in the event of:

 

 the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,

 

 the sale of goods or the provision of services, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the withdrawal period,

 

 sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,

 

 sale of goods that are subject to a rapid reduction in quality or spoilage,

 

 sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,

 

 sale of goods which, due to their nature, can be inseparably mixed with other goods after delivery,

 

 performing urgent repairs or maintenance that the consumer has expressly requested from the seller; this does not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the seller’s visit to the consumer and the consumer did not order these services or goods in advance,

 

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

 

 provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed period,

 

 provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.

 

6. In case of withdrawal from a contract concluded at a distance, the contract is considered not concluded. What the contracting parties have provided will be returned in an unchanged form, unless the change is necessary to determine the nature, properties and functionality of the Goods. The return should be made without delay, within 14 days at the latest. The purchased Goods would be returned to the Seller’s address, unless otherwise agreed by the parties.

 

7. The customer is obliged to return the Goods complete and complete (including all accessories and documentation), undamaged, clean, in the condition and value in which he received them and, if possible, in the original packaging.

 

8. The Seller is obliged to return to the Consumer all payments made by the Consumer, including the costs of delivery of the Goods, without delay, but no later than 14 days from the date of delivery of the Consumer’s notice of withdrawal from the Contract. The Seller will return the payment using the same payment method used by the Consumer, unless the Consumer agrees to another method of payment return that does not cause any additional costs to the Consumer. The Seller may withhold the refund of the payment received from the Consumer until he receives the Goods back or until the Consumer presents proof of return, whichever occurs first, unless the Seller offers the Consumer to collect the Goods from him himself.

 

9. The Customer bears only the costs directly related to the return of the Goods, unless he has agreed with the Seller that these costs are borne by the Seller.

 

IX

COMPLAINTS OF GOODS UNDER WARRANTY

 

1. The seller undertakes to deliver the Goods without defects.

 

2. The seller is obliged to deliver the goods without legal and factual defects. The goods purchased by the consumer have a two-year warranty, i.e. 24 months, which begins to run from the receipt of the goods. The goods purchased by the entrepreneur have a one-year warranty, i.e. 12 months, which starts from the time the goods are taken over.

 

3. The Seller is liable to the Customer, who is a consumer, for defects in accordance with the provisions of the Civil Code.

 

4. Complaints arising from a violation of the Customer’s rights guaranteed by law or arising from these Terms and Conditions must be addressed to the seller in writing:

– to the address: Lichardova 2801/10, 010 01 Žilina

– by e-mail: air.protect.official@gmail.com

 

5. In order to assess the complaint, the customer should send a notice of complaint, which will contain:

 

 the order number to which the complaint relates,

 

 the reason for which the Customer wants to claim or return the Goods (damage, defect, missing parts, etc.),

 

 photographic documentation showing the entire product and its damage.

 

6. The seller undertakes to deal with each complaint within 30 days of receiving it.

 

7. In case of deficiencies in the complaint, the seller will invite the customer to complete the complaint without undue delay, but no later than 7 days from the date of delivery of the invitation to complete the complaint to the customer.

 

X.

COMPLAINTS IN CONNECTION WITH THE PROVISION OF SERVICES BY ELECTRONIC MEANS

 

1. The customer may submit complaints to the seller regarding the functioning of the electronic store and the use of its services. Complaints can be submitted in writing to the above address of the seller in writing (by post, electronically by email).

 

2. In the complaint, the customer states his name, surname, delivery address, type and description of the problem.

 

3. The seller undertakes to assess each complaint within 30 days; if this is not possible, the Customer will be informed of the date of the assessment of the claim. In case of deficiencies in the complaint, the Seller will invite the Customer to supplement it to the extent necessary within 7 days from the date of delivery of the invitation to the Customer.

 

 

XI.

METHODS OF OUT OF COURT RESOLUTION OF DISPUTES AND COMPLAINTS

 

1. A customer who is a consumer has the opportunity to use the following means of out-of-court resolution of consumer disputes and complaints:

– Slovak Trade Inspection, with registered office: Bajkalská 21/A, 827 99 Bratislava 27, IČO: 17331927. All information on out-of-court dispute resolution is available on the website of the Slovak Trade Inspection www.soi.sk – https://www.soi. sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi

– The possibility of filing complaints through the EU ODR online platform, which is available at: http://ec.europa.eu/consumers/odr/.

 

 

XII.

PROTECTION OF PERSONAL DATA

 

1. The Seller collects and processes personal data provided by Customers in accordance with applicable legal regulations and in accordance with the principles of personal data protection that are available and published on the e-shop.

 

 

XIII.

FINAL PROVISIONS

 

1. For the resolution of any disputes arising between the Seller and the Customer, who is a Consumer, the competent courts are in accordance with the relevant provisions of the Slovak Code of Civil Disputes.

 

2. Disputes arising between the Seller and the Customer, who is an entrepreneur, are heard by the court having local jurisdiction according to the Seller’s registered office, whereby Slovak substantive and procedural law is used.

 

3. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Consumer Protection Act and other relevant provisions of the Slovak legal order shall apply.

 

4. Each customer will be informed of all changes to these terms and conditions through information on the main page of the electronic store, which will contain a summary of the changes and their effective date. The effective date of the changes must not be shorter than 14 days from the date of their notification. If the Customer, who has an established Customer Account, does not agree with the new content of the Terms and Conditions, he is obliged to inform the Seller of this fact within 14 days from the day on which he was informed of the change in the Terms and Conditions. Notification of disagreement with the new content of the Terms and Conditions to the Seller results in the termination of the contract.