General Terms and Conditions

Hornonitrianske bane Prievidza a.s., abbreviated as HBP , with its registered office at Matice slovenskej 10, ID No.: 36005622, registered in the Commercial Register of the District Court of Trenčín, Section: Sro, Insert No.: 318/R (hereinafter referred to as the “GTC”).

 

I. General provisions

1.1 These GTC shall apply to the contractual relations arising between the Seller and the Buyer by concluding a Purchase Contract and shall form part of any Purchase Contract concluded between the Parties. The buyer may be both natural persons and legal entities.

1.2 By completing the order form “Order” and confirming his/her familiarity with these GTC (hereinafter referred to as the “Order”), the Buyer accedes to these GTC of the Seller, which form an integral part of each Purchase Contract and are permanently accessible on the Seller’s website.

1.3 The Seller is also the operator of the e-commerce system operated through the Seller’s website (hereinafter referred to as the “Shop”).

1.4 In addition to the general provisions of Act No. 40/1964 Coll., the contractual relations (as well as other legal relations that may arise from the contractual relationship) with natural persons who are not acting within the scope of their business activity when concluding a purchase contract pursuant to these GTC are subject to the general provisions of Act No. 40/1964 Coll. 102/2014 Coll. on Consumer Protection for the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Premises and Act No. 250/2007 Coll. on consumer protection.

1.5 The provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, apply to contractual relations (as well as other legal relations that may arise from the contractual relationship) with legal entities or natural persons – entrepreneurs.

1.6 The Buyer is any person (natural or legal person) who has completed and submitted an order via the Seller’s website, received an email notification of receipt of the order and paid the purchase price. The Buyer is also any person who has placed an order by telephone or by sending an email and has confirmed by email acceptance of the Seller’s quotation and the GTC.

1.7 Order means the order form “Order” completed and submitted by the Buyer and processed by the Shop’s system. In the event that the Buyer does not use the option of ordering by means of the order form as per the previous sentence, a telephone order or an order sent by email or by post to the Seller’s address shall also be deemed to be an order.

1.8 The order shall contain information about the Customer and the product ordered. On the basis of the order, an invoice is automatically generated for the Customer for payment of the purchase price. If the Buyer does not use the option of ordering via the order form, but places an order by telephone or by sending an email or post to the Seller’s address, the Seller will send the Buyer a quotation by email.

1.9 Product means a stay package at Wellness Hotel *** Repiská sold via the website. The main features of the product are accommodation, meals and services, which are specified for each package.

II. Product order – conclusion of the purchase contract

2.1 The electronic order of products made by filling in the order form “Order” and the subsequent payment of the purchase price in accordance with the automatically generated invoice is a proposal for the conclusion of a purchase contract by the buyer. The purchase price shall be deemed to be paid on the date the funds are credited to the Seller’s account.

2.2 Acceptance of the order of the Products by the Seller, and thus the conclusion of the Purchase Contract, occurs on the basis of a written confirmation (electronically) of receipt of the order and confirmation of the credit of the Purchase Price to the Seller’s account, whereby the Seller also informs the Buyer that the Product/Service has been purchased and can be used within the time limit specified by the Buyer.

2.3 A proposal for the conclusion of a purchase contract is also understood as the sending of a quotation made by the Seller on the basis of a telephone or email order from the Buyer. In this case, the conclusion of the purchase contract is effected by the written confirmation (electronically) of the quotation by the Buyer.

2.4 In the case of an order via the order form “Order”, the Buyer is obliged to pay the Seller the purchase price in advance, otherwise the purchase contract will not be concluded.

2.5 In the case of an order within the meaning of clause 3 of this article of the GTC, the Buyer is obliged to pay the purchase price on the basis of an invoice issued and delivered by the Seller to the Buyer. In the event of delay of the Buyer in payment of the purchase price, the Seller shall be entitled to demand payment of a contractual penalty of 0.05% of the amount due for each day of delay and a one-off lump sum compensation for administrative work in the amount of EUR 20.

2.6 The Purchase Contract is concluded for a definite term and shall terminate upon fulfilment of the obligations of the Seller and the Purchaser.

III. Purchase price and payment terms

3.1 The price of the products ordered through the e-commerce (hereinafter referred to as the “Purchase Price”) is always generated specifically for each individual customer after filling in the order on the Seller’s website. In the case of an order pursuant to Article II Clause 5 of these GTC, the Seller shall send the Buyer a price offer by email.

3.2 The Seller does not guarantee the temporal validity of purchase prices in the case of the same order in any period of time. For the avoidance of any doubt, the purchase price generated in the case of a particular order shall not be changed once it has been paid within the due date.

3.3 The purchase price of the Products does not include the price of shipping.

3.4 The basic currency of payment is the euro.

IV. Delivery of products

4.1 The Seller shall deliver the Services to the Buyer in the quantity and quality ordered and, in the case of the Buyer as defined in Article I, Clause 5, together with a written copy of these GTC, if not already delivered earlier, together with the tax receipts relating to the Services provided and other documents, if any, which are typical for the Product. In the event that a written copy of these GTC has not been delivered to the Buyer in accordance with Article I, paragraph 5, with the Product, the Buyer shall notify the Seller in writing within a period of no later than three days from the date of receipt of the Product, failing which the Seller’s obligation to deliver a written copy of these GTC shall be deemed to have been fulfilled.

4.2 The Seller shall process all orders received in the order in which they are delivered to it.

4.3 If the Seller is unable to deliver the ordered product to the Buyer, despite the fact that the purchase contract has been concluded, the Seller is obliged to inform the Buyer immediately and to refund the purchase price paid for the product within 15 days, unless the parties agree on an alternative performance. The contractual relationship between the Seller and the Buyer shall automatically terminate upon return of the purchase price paid.

4.4 The place of delivery of the ordered product is Wellness Hotel *** Repiská, Demänovská Dolina No. 31, 031 01 Liptovský Mikuláš.

V. Withdrawal of the Buyer from the Purchase Contract

5.1 The Buyer may withdraw from the Purchase Contract in accordance with and in the manner provided for in the Civil Code. The Buyer shall have the right to withdraw from the Purchase Contract without giving any reason within 14 calendar days from the date on which the Buyer or a third party designated by the Buyer purchases the Product.

5.2 When exercising the right of withdrawal, the Buyer is obliged to inform the Seller of its decision to withdraw from the contract by an unequivocal statement, by letter sent by post, registered mail to the Seller’s address specified in these GTC. For this purpose, the Buyer may use the model withdrawal form published on the Seller’s website.

5.3 The withdrawal period is preserved if the Buyer sends a notice of exercise of the right of withdrawal before the withdrawal period expires, i.e. at the latest on the 14th day after the withdrawal period has started to run.

5.4 Upon withdrawal from the contract, the Seller shall refund to the Buyer all payments made by the Buyer in connection with the conclusion of the contract, in particular the purchase price, including costs. The payments shall be refunded to the Buyer without undue delay, at the latest within 14 days from the date of receipt of the notice of withdrawal. They shall be refunded in the same manner in which the purchase price and related costs were paid by the Buyer, unless the Buyer has expressly agreed to a different method of payment, and without any additional charges being levied.

5.5 For the withdrawal from the contract by business buyers, the statutory conditions provided for in the Commercial Code shall apply.

5.6 The Buyer may only cancel his/her order made via the order form “Order” without any monetary penalty within 24 hours from the date of the payment order for payment of the purchase price, but no later than before the purchase price is credited to the Seller’s account, and is obliged to notify the Seller of the above fact by telephone and 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, unless the Parties agree on an alternative performance. In case of acceptance of the Seller’s quotation by sending a confirmation email, cancellation is not possible.

5.7 If the order is cancelled after the purchase price has been credited to the Seller’s account, or if the Buyer fails to fulfil its notification obligation under clause 3 of this article of the GTC, the Seller is not obliged to accept the cancellation of the order and the purchase contract is deemed to have been duly concluded.

5.8 The Seller’s contact details for cancellation of the Contract or a claim under the following article are as follows:

a. Address.

b. telephone number: 044 5567 600, 0918 777 024

c. email. repiska@repiska.sk

VI. Liability for defects, warranty and claims

6.1 The Seller shall not be liable for defects in the product if these are caused by poor quality materials supplied by the Buyer.

6.2 The Seller shall not be obliged to notify the Buyer of the poor quality of the documents. The Seller does not control the quality of the delivered documents, does not modify or change them in any way, but they are processed automatically. It is also not responsible for the content of the documents and their compliance with generally binding legal regulations, as well as for the infringement of the intellectual property rights of third parties.

6.3 The purchaser shall be solely liable for defects in the products caused by the delivery of defective/low-quality documents.

6.4 The Buyer is responsible for the content of the documents and their compliance with the generally binding legal regulations of the Slovak Republic and/or with general morality and is liable for any damage that may be caused to third parties in connection with the use of the products.

6.5 In the event that the Seller discovers during the processing of the order that the delivered content of the documents is defamatory or contrary to the moral and ethical views of the Seller or generally binding legislation, 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 shall not be entitled to any compensation, except for the refund of the purchase price already paid.

6.6 The procedures set out in this Article shall also apply mutatis mutandis to the lodging of a complaint or complaint by the Buyer.

VII. Protection of personal data and privacy

7.1 When filling in the order form, the Buyer acknowledges and declares that he/she has been instructed in accordance with Act No. 18/2018 Coll. on the protection of personal data (detailed info: www.repiska.sk/aktualita/suhlas-so-spracovanim-osobnych-udajov).

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These GTC are valid as published on the Seller’s website and have been approved by the competent authority of the company: Hornonitrianske bane Prievidza a.s. a.s., Matice slovenskej 10, 971 01 Prievidza.

The text of the GTC is effective from 25 May 2018.