General terms and conditions
- These general terms and conditions (hereinafter referred to as ” terms and conditions “) are issued:
Company name: HAPPI VAPE sro .
VAT number: CZ11784385
with registered office: K Pasekám 2984/45, 760 01 Zlín
(hereinafter referred to as ” seller “)
- These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside of his business activity as a consumer, or within the framework of his business activity (hereinafter referred to as the ” buyer “) through the web interface located on the website available at www.happivape. eu hereafter is ” online store “).
- The terms and conditions are an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
- These terms and conditions and the purchase contract are concluded in the Slovak language.
Information about goods and prices
- Information about the goods, including the price of the individual goods and their main features, is provided for the individual goods in the online store catalog. The prices of the goods are listed including value added tax, all related fees and costs for returning the goods, if the goods by their nature cannot be returned by the usual postal route. The prices of the goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
- All the presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
- Information about costs associated with packaging and delivery of goods is published in the online store. The information on the costs associated with the packaging and delivery of the goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Slovak Republic.
- Possible discounts from the purchase price of goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
Order and conclusion of purchase contract
- The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
- The buyer orders the goods in the following ways:
- through your customer account, if you have previously registered in the online store,
- by filling out the order form without registration.
- When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
- Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking send. The data given in the order are considered correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions.
- Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when placing the order. This confirmation is automatic and does not constitute a contract. The seller’s current terms and conditions are attached to the confirmation. The purchase contract is concluded only after the seller accepts the order. Notification of order acceptance is delivered to the buyer’s email address.
- If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer’s confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.
- All orders accepted by the seller are binding. The buyer can cancel the order until the buyer is notified of the acceptance of the order by the seller. The buyer can cancel the order by phone on the seller’s phone number or by electronic message to the seller’s email, both of which are listed in these terms and conditions.
- In the event that there was an obvious technical error on the part of the seller when specifying the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price.
- Based on the buyer’s registration 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.
- When registering for a customer account and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data in the user account in case of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
- Access to the customer account is secured by a 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.
- The buyer is not entitled to allow third parties to use the customer account.
- The seller can cancel the user account, especially if the buyer does not use his user account for a longer period of time, or if the buyer violates his obligations under the purchase contract and these terms and conditions.
- The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller’s hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
Payment conditions and delivery of goods
- The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:
- by cashless transfer to the seller’s account via the payment gateway
- Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the contractual amount. Unless explicitly stated otherwise, the purchase price also includes the cost associated with the delivery of the goods.
- In the case of payment through a payment gateway, the buyer follows the instructions of the relevant provider of electronic payments.
- In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s bank account.
- The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not a deposit.
- According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure, within 48 hours at the latest.
- The goods are delivered to the buyer by a courier company and are set at a fixed amount of 5 Euros, which is added to the amount for the goods.
The goods are delivered to the buyer at the address specified by the buyer in the order.
- The choice of delivery method is made during the ordering of goods.
- The costs for the delivery of the goods, depending on the method of sending and receiving the goods, are indicated in the buyer’s order and in the confirmation of the order by the seller. If the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this method of transport.
- If, according to the purchase contract, the seller is obliged 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. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
- When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier immediately. In the event of detection of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
- The seller issues a tax document – invoice to the buyer. The tax document is attached to the delivered goods.
- The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but first by receiving the goods. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the moment of acceptance of the goods or at the moment when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.
Withdrawal from the contract
- The buyer, who concluded the purchase contract outside of his business activity as a consumer, has the right to withdraw from the purchase contract even without giving a reason.
- The deadline for withdrawal from the contract is 14 days
- from the day of receipt of the goods,
- from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts
- from the date of acceptance of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.
- The buyer cannot, among other things, withdraw from the purchase contract:
- on the provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract and if the service has been fully provided,
- on the delivery 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 withdrawing from the contract,
- on the delivery of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, which can only be delivered after thirty days and whose price depends on market fluctuations independent of the will of the seller,
- about the delivery of goods that have been modified according to the wishes of the buyer, goods made to measure or goods intended specifically for one buyer,
- on the delivery of perishable goods, as well as goods that, due to their nature, were irreversibly mixed with other goods after delivery,
- about the delivery of goods in closed packaging, which is not suitable to return for reasons of health protection or for hygienic reasons and whose protective packaging was broken after delivery,
- on the delivery of audio recordings, video recordings, audio-visual 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 based on a subscription agreement and the sale of books not supplied in protective packaging,
- on the supply of electronic content other than on a physical medium, if its provision began with the express consent of the buyer and the buyer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract,
- in other cases mentioned in § 7 par. 6 of 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, as amended.
- In order to comply with the deadline for withdrawal from the contract, the buyer must send a declaration of withdrawal within the deadline for withdrawal from the contract.
- To withdraw from the purchase contract, the buyer can use the model withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller’s email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
- The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
- If the buyer withdraws from the contract, the seller will return to him immediately, but no later than 14 days from the withdrawal from the contract, all funds, including delivery costs, that he 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 it does not incur additional costs.
- If the buyer has chosen a method other than the cheapest method of delivery of the goods offered by the seller, the seller will refund the cost of delivery of the goods to the buyer in an amount corresponding to the cheapest method of delivery of the goods offered.
- 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 to him or proves that he has sent the goods to the seller.
- The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer’s claim for a refund of the purchase price.
- The seller is entitled to withdraw from the purchase contract due to sold-out stocks, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped production or importation of the goods. The seller immediately informs the buyer via the email address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, which he received from him under the contract, in the same way, or in a way specified by the buyer.
Rights from defective performance
- The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
- the goods have the properties that the parties agreed upon, and if there is no agreement, they have the properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and based on the advertisement made by the seller,
- the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
- the goods correspond to the quality or design of the agreed sample or design, if the quality or design was determined according to the agreed sample or design,
- is the goods in the corresponding quantity or weight and
- the goods comply with the requirements of legal regulations.
- If the defect becomes apparent within six months of the buyer receiving the goods, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise rights from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price due to a defect for which a lower price was agreed upon, to wear and tear of the goods caused by their usual use, to used goods due to a defect corresponding to the degree of use or wear and tear the goods had when they were taken over by the buyer, or if it follows from the nature of the goods.
- In the event of a defect, the buyer can submit a complaint to the seller and demand:
- if it is a defect that can be removed:
- free removal of a defect in the goods,
- exchange of goods for new goods,
- if it is a defect that cannot be removed:
- a reasonable discount from the purchase price,
- withdraw from the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a defect that cannot be removed and which prevents the item from being properly used as a defect-free item,
- if he cannot use the goods properly due to the repeated occurrence of a defect or defects after repair,
- if he cannot properly use the goods due to a large number of defects in the goods.
- The seller is obliged to accept the complaint in any establishment where receiving the complaint is possible, or even at the seat or place of business. The consumer can also file a complaint with the person designated by the seller. If the consumer’s complaint is handled by a person appointed by the seller, the latter can only handle the complaint by handing over the repaired goods, otherwise the complaint will be forwarded to the seller for processing. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right, what is the content of the claim and what method of settlement of the claim the buyer requires, as well as a confirmation of the date and method of settlement of the claim, including a confirmation of the repair and its duration, or a written justification rejection of the claim.
- If the consumer files a complaint, the seller or an employee authorized by him or a designated person is obliged to inform the consumer about his rights resulting from defective performance. Based on the consumer’s decision, which he exercises from the rights arising from the defective performance, the Seller or an employee authorized by him or a designated person is obliged to determine the method of processing the complaint immediately, in complex cases no later than three working days from the date of application of the complaint, in justified cases, in particular if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the date of application of the complaint. . After determining the method of processing the claim, the claim, including the removal of the defect, must be processed immediately, while in justified cases the claim can be processed later. However, handling of the complaint, including the removal of the defect, may not take longer than 30 days from the date of application of the complaint. The futile expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of application of the complaint is considered to be the moment when the buyer’s will is manifested (exercise of the right from defective performance) to the seller.
- The seller informs the buyer in writing about the result of the complaint, no later than 30 days from the date of application of the complaint.
- The right from defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.
- In the case of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint. The buyer can exercise this right at the seller within a period of one month after the expiry of the warranty period.
- The buyer has the choice of the method of complaint and its handling, if there are several options.
- The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 499 to 510, Sections 596 to 600 and Sections 619 to 627 of Act No. 40/1964 Coll. of the Civil Code as amended and Act No. 250/2007 Coll., on consumer protection, as amended.
- Further rights and obligations of the parties related to the seller’s responsibility for defects are governed by the seller’s complaint procedure.
- The contracting parties may deliver all written correspondence to each other via electronic mail.
- 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.
Out-of-court settlement of disputes
- The consumer has the right to contact the seller with a request for redress if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. The consumer has the right to submit a proposal to start an alternative (out-of-court) dispute resolution with the entity of alternative dispute resolution, if the seller responded negatively to the request according to the previous sentence or did not respond to it within 30 days from the day it was sent. This does not affect the possibility of the consumer to turn to the court.
- The Slovak Trade Inspection is responsible for out-of-court settlement of consumer disputes arising from sales contracts, with registered office: Prievozská 32, 827 99 Bratislava, ID: 17 331 927, which can be contacted for the stated purpose at the address Slovak Trade Inspection, Central Inspectorate, Department of International Relations and of Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at firstname.lastname@example.org or addr.@soi.sk. Internet address: https://www.soi.sk/ . The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
- The European Consumer Center of the Slovak Republic, with registered office Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk/ is the contact point according to Regulation of the European Parliament and the Council (EU) no. 524/2013 of 21 May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) no. 2006/2004 and directive 2009/22/EC (regulation on the resolution of consumer disputes online).
- The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out within the scope of its competence by the relevant District Office, trade business department. The Slovak Trade Inspection supervises, among other things, compliance with Act No. 250/2007 Coll . on consumer protection as amended.
- All arrangements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract 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 arising from generally binding legal regulations.
- In relation to the buyer, the seller is not bound by any codes of conduct in accordance with the provisions of Act no. 250/2007 Coll . on consumer protection as amended.
- All rights to the seller’s website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
- The seller is not responsible for errors arising as a result of the intervention of third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative impact on 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 equipment in such a way that would be contrary to its purpose or purpose.
- The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.
- The wording of the terms and conditions can be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
- A sample form for withdrawing from the contract is attached to the terms and conditions.
These terms and conditions take effect on May 1, 2022