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GENERAL TERMS AND CONDITIONS


I.


Basic provisions


1. These terms and conditions govern the reciprocal rights and obligations of the seller and the natural person who enters into a purchase agreement outside his business as a consumer or in the course of his business ("buyer") through a web interface located on a website available on the Internet. at https://www.poging.net (hereinafter referred to as the "online store").


2. The provisions of the terms and conditions are an integral part of the purchase contract. The deviating arrangement in the purchase contract takes precedence over the provisions of these terms and conditions.


3. These terms and conditions and the purchase contract are concluded in Slovak or English.


II.


Information about goods and prices


1. Information about the goods, including the price of the individual goods and their main characteristics, is given for the individual goods in the online store catalog. The prices of the goods are listed including value added tax, all related fees. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.


2. All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.


3. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.


III.


Ordering and concluding a purchase contract


1. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself. These costs do not differ from the basic rate.


2. The buyer orders the goods in the following ways:


through his customer account, if he has made a previous registration in the online store,

by filling in the order form without registration.

3. When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.


4. Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and confirmation from the buyer that he has read these terms and conditions.


5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. The current business conditions of the seller are attached to the confirmation. The purchase contract is concluded only after the order is accepted by the seller. Notification of receipt of the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address entered by the buyer when ordering. This confirmation is considered as the conclusion of the contract. The current business conditions of the seller are attached to the confirmation. The purchase contract is concluded by confirming the order by the seller to the email address of the buyer.


6. In the event that any of the requirements specified in the order cannot be met by the seller, he will send the amended offer to the buyer's e-mail address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by the buyer's confirmation of acceptance of this offer to the seller to his email address specified in these terms and conditions.


7. All orders received by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer can cancel the order by e-mail to the seller's email.


8. In the event of an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the order, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation on receiving an order in accordance with these terms and conditions. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in this case the purchase contract is concluded by a confirmation of acceptance by the buyer to the email address of the seller.


IV.


Customer account


1. Based on the buyer's registration made in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.





2. When registering in the customer's account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The information provided in the user account is the buyer's at any time obliged to update them. The data provided by the buyer in the customer's account and when ordering the goods are considered correct by the seller.


3. Access to the customer's account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.


4. The buyer is not entitled to allow the use of the customer account to third parties.


5. The seller may cancel the user account, especially if the buyer does not use his user account for a long time, or if the buyer violates its obligations under the purchase agreement and these terms and conditions.


6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.


IN.


Payment terms and delivery of goods


1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:


    cashless transfer to the seller's account via the PayPal payment gateway,


2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of goods in the contractual amount. Unless expressly stated otherwise below, the purchase price also includes the cost associated with the delivery of goods.


3. In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.


4. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.


5. According to the Act on the Registration of Sales, the seller is obliged to issue a cash receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, in the event of a technical failure then within 48 hours at the latest.


6. The goods are delivered to the buyer:


    to the e-mail address specified by the buyer in the order
    in the customer zone after logging in to your profile


7. The choice of delivery method is made during the ordering of goods.


8. The costs of delivery of goods depending on the method of dispatch and receipt of goods are specified in the buyer's order and in the order confirmation by the seller. If the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.


9. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.


10. The seller will issue a tax document - invoice to the buyer. The tax document is sent to the buyer's email address.


11. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.


VI.


Withdrawal from the contract


1. The buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract without giving a reason.


2. The period for withdrawal from the contract is 14 days


from the date of receipt of the goods,

from the date of taking over the last delivery of the goods, if the subject of the contract is several types of goods or the delivery of several parts

from the day of taking over the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

3. The buyer may not, inter alia, withdraw from the purchase contract:


on the provision of services, if they were fulfilled with his prior express consent before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract and if the service was provided in full,

on the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract,

on the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, which can be delivered only after thirty days and whose price depends on market fluctuations independent of the will of the seller,

on the delivery of goods which have been modified according to the wishes of the buyer, custom-made goods or goods intended specifically for one buyer,





on the supply of perishable goods as well as goods which, by reason of their nature, have been irretrievably mixed with other goods,

on the delivery of goods in a sealed package, which is not suitable to return from for health or hygienic reasons and whose protective packaging has been broken after delivery,

on the delivery of sound recordings, video recordings, sound recordings, books or computer software, if they are sold in protective packaging and the buyer has unpacked this packaging,

on the supply of newspapers, periodicals or magazines, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,

on the delivery of electronic content other than on a tangible medium, if its provision began with the express consent of the buyer and the buyer has declared that he has been duly informed that by expressing this consent he loses the right to withdraw from the contract,

in other cases specified in § 7 par. 6 of Act no. 102/2014 Coll. 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, as amended.

4. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.


5. To withdraw from the purchase contract, the buyer can use the standard withdrawal form provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the email or delivery address of the seller specified in these terms and conditions. The seller will confirm the receipt of the form to the buyer immediately.


6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods can not be returned due to their nature by regular mail.


7. If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than within 14 days of the withdrawal from the contract, all funds, including delivery costs, which he has received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if he does not incur additional costs.


8. If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.


9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.


10. The goods must be returned by the buyer to the seller undamaged, worn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.


11. The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller shall immediately inform the buyer via the email address specified in the order and return within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.


VII.


Delivery


1. The Contracting Parties may communicate all written correspondence to each other by electronic mail.


2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.


VIII.





Out - of - court dispute resolution


1. The consumer shall have the right to seek redress from the seller if he is not satisfied with the way in which the seller has dealt with his complaint or if he considers that the seller has infringed his rights. The consumer has the right to apply for the initiation of alternative (out-of-court) dispute resolution to the ADR entity if the seller has responded to the request pursuant to the previous sentence or has not replied within 30 days from the date of its dispatch. This is without prejudice to the consumer's ability to go to court.


2. The Slovak Trade Inspection Authority, with its registered office at: Prievozská 32, 827 99 Bratislava, Company Identification Number: 17 331 927, which can be contacted for the above purpose at the address of the Slovak Trade Inspection Authority, Central Inspectorate, Department of International relations and alternative dispute resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at [email protected] or adr. @ soi.sk. Internet address: https://www.soi.sk/. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.


3. European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44 / a, 827 15 Bratislava, internet address: http://esc-sr.sk/ is a contact point pursuant to Regulation (EU) No 182/2011 of the European Parliament and of the Council 524/2013 of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).


4. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant District Office of the Trade Licensing Department. To a limited extent, the Slovak Trade Inspection Authority supervises compliance with Act no. 250/2007 Coll. on consumer protection, as amended.


IX.


Final provisions


1. All arrangements between the seller and the buyer are governed by the laws of the Slovak Republic. If the relationship established by the purchase agreement contains an international element, the parties have agreed that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer's rights under generally binding legislation.


2. The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of Act no. 250/2007 Coll. on consumer protection, as amended.


3. All rights to the seller's website, in particular the copyright to the content, including the layout of the site, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.


4. The seller is not responsible for errors caused by third party intervention in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.


5. The purchase contract, including the business conditions, is archived by the seller in electronic form and is not publicly available.


6. The wording of the terms and conditions may be amended by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.


7. A model withdrawal form is attached to the terms and conditions.


These terms and conditions take effect on 2.12.2021