Company Hornonitrianske bane Prievidza a.s., in the abbreviation of HBP, with registered office at Matice slovenskej 10, ID: 36005622 registered in the Commercial Register of the District Court Trenčín, section: Sro, Insert No .: 318 / R (hereinafter referred to General terms and conditions as "GTC").
I. General provisions
1.1 These GTC apply to contractual relationships that arise between the seller and the buyer by entering into a purchase contract and form part of each purchase contract concluded between the parties. Buyers can be both natural persons and legal entities.
1.2 By completing the Order Form and confirming the knowledge of these GTC (hereinafter referred to as the "Order"), the Buyer shall access these Seller's GTCs that form an integral part of each Purchase Agreement and are still accessible on the Seller's website.
1.3 The Seller is also an operator of the e-commerce system operated through the Seller's website (hereinafter referred to as "Trade").
1.4 Contractual relations (as well as other legal relationships that may arise from a contractual relationship) with natural persons who do not act in the course of their business activity in the conclusion of a purchase contract under these GTC, are subject to the general provisions of Act no. 40/1964 Coll. The Civil Code as amended, as well as special regulations, in particular Act no. 102/2014 Z. z. On the protection of the consumer for the sale of goods or the provision of services on the basis of a distance contract or a contract concluded out of the seller's premises and Act no. 250/2007 Z.z. On consumer protection.
1.5 Contractual relationships (as well as other legal relationships that may arise from a contractual relationship) with legal entities, With natural persons - entrepreneurs, the provisions of Act no. 513/1991 Coll. Commercial Code as amended.
1.6 Buyer is any person (physical or legal) who filled in and sent an order through the seller's website, received an email order receipt and paid the purchase price. The buyer is also any person who has placed the order by phone or by email and by e-mail confirming acceptance of the seller's bid and GTC.
1.7 An Order is understood as a Purchase Order filled in and sent by an order system "Order" processed by the Trading System. In the event that the buyer does not use the possibility of ordering through the order form in the sense of the previous sentence, the order is also considered a telephone order or an order sent by e-mail, or by post to the address of the seller.
1.8 The order contains information about the customer and the ordered product. Based on an order, the customer automatically generates an invoice to cover the purchase price. If the buyer does not make use of the order via the order form, but makes the order by phone or by sending an email or by post to the seller's address, the seller will send the buyer a quotation by email.
1.9 The product means a stay package at the Wellness Hotel *** Repiská sold in the form of a website. The main features of the product are accommodation, meals and services, which are precisely specified for each package.
II. Product order - closing a purchase contract
2.1 The electronic order of products made in the form of a completed order form "Order" and subsequent payment of the purchase price in terms of automatically generated invoice is a proposal for the conclusion of a purchase contract by the buyer. The purchase price is deemed to be paid on the day the money is credited to the seller's account.
2.2 Acceptance of the order of products by the seller and therefore the conclusion of a purchase contract occurs on the basis of a written confirmation (electronically) of receipt of the order and confirmation of the purchase price attribution to the seller's account, while the seller also informs the buyer that the product / service has been purchased To borrow it on the date specified by the buyer.
2.3 The proposal for the conclusion of a purchase contract also means sending a quotation made by the seller on the basis of the buyer's telephone or email order. In this case, a purchase confirmation agreement is signed in writing (electronically) with the buyer.
2.4 In the case of an order through the order form "Purchase Order", the Purchaser is obliged to pay to the Seller the purchase price always in advance, otherwise the contract will not be concluded.
2.5 In the case of an order within the meaning of clause 3 of this Article, the Buyer is obliged to pay the purchase price on the basis of the invoice issued and delivered to the Seller by the Buyer. In the event of a buyer delaying the purchase price, the seller is entitled to claim a penalty payment of 0.05% of the due amount for each day of delay and one-off lump sum compensation for administrative work in the amount of EUR 20.
2.6 The Purchase Contract is concluded for a definite period of time and ceases to meet the obligations of the Seller and Buyer.
III. Purchase price and payment terms
3.1 The price of products ordered via e-commerce (hereinafter referred to as the "purchase price") is always generated for each individual customer once the order has been completed on the seller's website. In case of an order within the meaning of Art. II point 5 of this GTC article will send the seller to the buyer a bid by email.
3.2 The seller does not guarantee the validity of the purchase prices in the case of the same order in any period of time. For the avoidance of any doubt, the purchase price generated for a specific order will no longer change after maturity.
3.3 The purchase price of the products does not include the transport price.
3.4 The basic payment is the euro.
IV. Delivery of products
4.1 The seller is obliged to deliver the services to the buyer in the quantity and quality ordered and, in the case of the buyer, I point 5 together with a written outline of these GBCs, if they have not already provided them with the tax documents relating to the services provided and other documents, if they exist and are typical of the product. In the case where the written form of these GTC was not a buyer within the meaning of Art. Also, item 5 supplied with the product, the buyer is obliged to notify the seller in writing within three days from the date of receipt of the product in writing, otherwise the seller's obligation to deliver a written outline of these GBCs is assumed to have been fulfilled.
4.2 The Seller processes all received orders in the order they are delivered to.
4.3 If the seller can not deliver the ordered product to the buyer, despite the fact that the purchase contract has been concluded, he is obliged to inform the buyer immediately and return the paid purchase price for the product within 15 days if the parties do not agree to the substitute performance. By returning the paid purchase price, the contractual relationship between the seller and the buyer automatically expires.
4.4 The place of delivery of the ordered product is Wellness Hotel *** Repiská, Demänovská Dolina no. 31, 031 01 Liptovsky Mikulas.
V. Withdrawal of Buyer from Purchase Agreement
5.1 The Buyer may withdraw from the Purchase Agreement in accordance with and in the manner prescribed by the Civil Code. The buyer has the right to withdraw from the purchase contract without giving any reason within 14 calendar days from the date when the buyer or a third party designated by him / her purchases the product.
5.2 In exercising the right to withdraw from the contract, the buyer is obliged to inform his / her decision to withdraw from the seller's contract by a unambiguous declaration, by letter sent by post, by registered mail to the address of the seller mentioned in these GBCs. For this purpose, the buyer may use the template for withdrawal, which is posted on the seller's website.
5.3 The withdrawal period is retained if the buyer sends notice of the exercise of the right of withdrawal before the expiry of the withdrawal period, at the latest on the 14th day after the withdrawal period has started to run.
5.4 After the contract is canceled, the seller returns to the buyer all payments paid by the buyer in connection with the conclusion of the contract, in particular the purchase price, including the costs. Payments will be returned to the buyer without undue delay, no later than 14 days from the date of receipt of the notice of withdrawal. Their payment will be made in the same way that the buyer's purchase price and associated costs have been paid out if the buyer explicitly disagrees with any other payment method, without charge of any additional charges.
5.5 The withdrawal from the contract by buyers - business entities shall be subject to the legal conditions set out in the Commercial Code.
5.6 The buyer may cancel the order without a penalty payment exclusively through the order form "Order" within 24 hours from the date of the order for payment of the purchase price but at the latest before the purchase price is credited to the seller's account and at the same time is obliged to do so by phone And notify the seller in writing. The seller undertakes to return the purchase price to the buyer within 15 days if it has been credited to the seller's account if the parties do not agree to a substitute performance. If a seller's bid is accepted by a confirmation email, cancellation is not possible.
5.7 If the order is canceled after the purchase price is credited to the seller's account or if the buyer fails to comply with its notification obligation in accordance with point 3 of this Article, the seller is not obliged to accept the cancellation of the order and the purchase contract is deemed to have been properly concluded.
5.8 Contact details of the seller in the event of a resignation or claim under the following article are as follows:
a. Address: Wellness Hotel *** Repiská, Demänovská Dolina no. 31, 031 01 Liptovský Mikuláš
b. Phone number: 044 5567 600, 0918 777 024
c. e-mail. repiska@repiska.sk
VI. Liability for defects, warranty and claims
6.1 The seller is not responsible for defects in the product if these are due to poor quality delivered by the buyer.
6.2 The seller is not obliged to alert the buyer to the insufficient quality of the documents. The seller does not control the quality of the materials provided, they do not modify and change them but are processed automatically. Nor is it responsible for the content of the documents and their compliance with generally binding legal regulations, nor for the violation of the intellectual property rights of third parties.
6.3 Exclusively the buyer is responsible for product defects caused by the delivery of defective / poor quality materials.
6.4 The Buyer is responsible for the content of the materials and their compliance with the generally binding legal regulations of the Slovak Republic and / or general morality and is responsible for any damage that may be caused to third parties in connection with the use of the products.
6.5 If the seller finds in the processing of the order that the supplied content of the materials is misleading or contrary to the seller's moral and ethical opinions or generally binding legal regulations, the seller is entitled to withdraw from the purchase contract by delivering a written notice of cancellation of the order confirmation by email . The buyer is not entitled to any compensation, except for the right to refund the purchase price already paid.
6.6 The procedures provided for in this Article shall also apply mutatis mutandis to the lodging of a complaint or complaint by the Buyer.
VII. Privacy data protection and privacy
7.1 The Buyer, when filling in the Order Form, notes and declares that he has been instructed pursuant to Act no. 18/2018 Z. z. On the protection of personal data (info: www.repiska.sk/en/actuality/consent-processing-personal-data).
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These GTCs are in the form in which they are published on the Seller's website and have been approved by the competent authority: Hornonitrianske bane Prievidza a.s. In abbreviation a.s., Matice slovenskej 10, 971 01 Prievidza.
The GTC text is effective from 25. 5. 2018.