General Terms and Conditions
General Provisions
1. These General Terms and Conditions (hereinafter referred to as "GTC") regulate the rights and obligations of the Seller : ADUS Technologies s.r.o., with registered office at Fraňa Kráľa 2049, 058 01 Poprad, KINKA STORE, Nám. Sv. Egídia 2950, 05 801 Poprad (hereinafter referred to as the "Seller") and the Buyer (hereinafter referred to as the "Buyer") in the purchase of goods offered by the Seller through the Seller's e-shop and are an integral part of the Purchase Contract concluded between the Buyer and the Seller remotely through an electronic business relationship established on the website and confirmed by mail order (hereinafter referred to as the "Purchase Contract"). (The Seller and the Buyer together hereinafter referred to as the "Parties").
2. These GTC apply to the purchase of goods on the Seller's website and made by means of an electronic order .
3. All relations between the Buyer and the Seller, which are not regulated by these General Terms and Conditions, shall be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended. If the Buyer is a consumer within the meaning of Section 52(3) of Act No. 40/1964 Coll., the Civil Code, as amended, i.e. if it is a Buyer who is not acting in the course of his/her trade or other business activity when concluding and performing the contract, the relations governed by these General Terms and Conditions and the relevant provisions of Act No. 40/1964 Coll., the Civil Code, as amended.
4. The Buyer's rights in relation to the Seller arising from Act No. 250/2007 Coll. 372/1990 Coll. on offences, as amended, and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Off the Seller's Premises and on Amendments and Additions to Certain Acts remain unaffected by these GTC.
5. Buyer means a natural or legal person who electronically selects goods on the Seller's e-shop website and makes a purchase through an online order
1. Identification of the Seller
ADUS Technologies s.r.o.
Fraňa Kráľa 2049, 05 801 Poprad , tel : 0951 021 891
Operation: KINKA STORE, Nám. St. Egidia 2950, 05 801 Poprad,
ID: 50403869, VAT: 2120318288
VAT: SK 2120318288
E-mail: objednavky@kinka.sk
NOTICE: the address of the company's registered office is not used for the return of goods
2. Method of concluding the purchase contract
The Seller's proposal to deliver the goods presented in the e-shop is not a proposal to conclude a purchase contract (offer) within the meaning of § 43a of the Civil Code and the Seller is not obliged to conclude a purchase contract with the Buyer regarding this product. The presentation of the product in the e-shop is for informational purposes only. The Buyer sends the Seller a proposal for the conclusion of a purchase contract in the form of a completed and submitted form located on the Seller's website, by which the Buyer sends a proposal for the conclusion of a purchase contract, the subject of which is the transfer of ownership of the goods specified by the Buyer for consideration for the purchase price and under the terms and conditions set out in this order (hereinafter referred to as the "Order").
Before the order is executed, the Buyer has the possibility to return to the order form, where he can check and change the data already filled in. Subsequently, after the order has been submitted, the Buyer will receive an automatically executed notification of the acceptance of the order in the Seller's electronic system (hereinafter referred to as "Order Acceptance") to his e-mail address. Any further information regarding the Buyer's order may be sent to the Buyer's e-mail address if necessary.
By submitting an order via the Seller's electronic shop, the Buyer agrees to the sending of an invoice electronically. The Buyer is responsible for the correctness and full functionality of the e-mail address provided in the order. At the Buyer's request, the invoice can also be sent in paper form.
Acceptance of the order constitutes acceptance of the Buyer's proposal to enter into a contract of sale by the Seller. Acceptance of the order contains information about the name and specification of the goods, the sale of which is the subject of the purchase contract, further information about the price of the goods and/or other services, information about the expected delivery time of the goods, the name and details of the place where the goods are to be delivered and information about the possible price, conditions, method and date of transport of the goods to the agreed place of delivery of the goods to the Buyer, information about the Seller (business name, registered office, registration number, number of registration in the commercial register, etc.), and possibly other necessary information.
The Seller shall then send to the Buyer's e-mail address information that the Buyer's order has been dispatched/shipped.
The Purchase Contract is concluded upon delivery of the acceptance of the order in electronic form to the Buyer. The Purchase Contract will be stored electronically by the Seller for the necessary time and will be accessible to the Buyer upon request. The Seller shall fulfil the obligation to issue a single copy of the Purchase Contract to the Buyer immediately after the conclusion of the Purchase Contract by delivering to the Buyer by e-mail the Buyer's acceptance of the Purchase Order together with the enclosed General Terms and Conditions, the contents of which the Buyer has already agreed to when placing the order in the e-shop. The Purchase Agreement and the General Terms and Conditions are drawn up in the Slovak language and the Purchase Agreement may be concluded in the Slovak language.
The Seller has informed the Buyer in a clear, unambiguous, comprehensible and unmistakable manner about pre-contractual information concerning claims, payment, commercial, transport and other conditions before sending the order by:
(a) the main characteristics of the goods or the nature of the service, to the extent appropriate to the means of communication used and the goods or service, on the relevant catalogue page of the Seller's e-commerce website,
(b) inform about the Seller's business name and registered office in these General Terms and Conditions, which are placed on the relevant sub-page of the Seller's e-shop,
c) the Seller's telephone number and other information relevant to the Buyer's contact with the Seller, in particular the Seller's electronic mail address
d) the address of the Seller at which the Buyer may lodge a claim for goods or services, lodge a complaint or any other complaint, as informed in these General Terms and Conditions and the Complaints Procedure, which are located on the relevant subpage of the Seller's e-shop,
(e) the total price of the goods or services, including value added tax and all other taxes, or, if due to the nature of the goods or services the price cannot be reasonably determined in advance, the manner in which it is calculated, as well as the costs of transport, delivery, postage and other costs and charges or, if such costs and charges cannot be determined in advance, the fact that the Buyer will be obliged to pay them, informed on the relevant catalogue page of the Seller's e-shop,
f) the payment terms, delivery terms, the period within which the Seller undertakes to deliver the goods or provide the service, information on the procedures for the application and handling of claims, complaints and complaints of the Buyer informed in the relevant articles of these Terms and Conditions and the Complaints Procedure, which are located on the relevant sub-page of the Seller's e-shop,
g) the information on the Buyer's right to withdraw from the Purchase Contract, on the conditions, time limit and procedure for exercising the right to withdraw from the Contract in these General Terms and Conditions, which are located on the relevant sub-page of the Seller's e-shop,
h) the information that if the buyer withdraws from the purchase contract, he/she shall bear the costs associated with the return of the goods to the seller pursuant to Section 10(3) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller's premises and on amendment and supplementation of certain acts (hereinafter referred to as the "Act on Consumer Protection in Distance Selling"), and if he withdraws from the purchase contract also the costs of returning the goods, which due to their nature cannot be returned by post, informed in point 6 of these general terms and conditions, which are located on the relevant subpage of the seller's e-shop,
j) the circumstances under which the Buyer loses the right to withdraw from the contract, as set out in point 6 of these General Terms and Conditions, which are located on the relevant sub-page of the Seller's e-shop,
k) the instruction on the Seller's liability for defects in goods or services under Sections 622 and 623 of the Civil Code is informed in the Complaints Procedure, which is located on the relevant subpage of the Seller's e-shop,
l) the existence and details of the guarantee provided by the manufacturer or seller according to stricter principles than those provided for in Section 502 of the Civil Code, if the manufacturer or seller provides it, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of the goods or provision of the service, if such assistance is provided, informed in the Complaints Procedure, which is located on the relevant subpage of the seller's e-shop,
(m) the compatibility of the electronic content with hardware and software of which the seller is aware or can reasonably be expected to be aware, where applicable, informed on the relevant catalogue page of the seller's e-commerce website
n) that the contract of sale shall be stored in electronic form with the Seller and shall be available to the Buyer upon the Buyer's written request, as informed in these General Terms and Conditions, which are located on the relevant sub-page of the Seller's e-shop, o) that the language offered for the conclusion of the contract is Slovak, as informed in these General Terms and Conditions, which are located on the relevant sub-page of the Seller's e-shop,
(p) information on the possibility and conditions for resolving the dispute through an alternative dispute resolution system; the Seller has also provided on the relevant sub-page of the e-shop a link to the alternative dispute resolution platform through which the consumer may submit a proposal for the initiation of an alternative dispute resolution.
If the Seller has not complied with the information obligation to pay additional charges or other costs pursuant to point (e) or the costs of returning the goods pursuant to point (i) of these General Terms and Conditions, the Buyer shall not be obliged to pay those additional charges or fees or the costs of returning the goods.
The General Terms and Conditions shall apply only to a contract of sale concluded between the Seller and the Buyer who is a consumer within the meaning of Section 2(a) of Act No. 250/2007 Coll. 372/1990 Coll. on offences, as amended. The General Terms and Conditions shall not apply in cases where a person who is not a consumer intends to conclude a purchase contract with the Seller. For the purposes of the Act, a consumer is only a natural person who, when concluding and performing a consumer contract, is not acting within the scope of his or her business activity of employment or profession.
3. Rights and obligations of the seller
The seller is obliged to:
(a) deliver the goods to the Buyer in the agreed quantity, quality and time period on the basis of an order confirmed by acceptance and pack or equip them for transport in a manner necessary for their preservation and protection,
b) ensure that the goods delivered comply with the applicable legislation of the Slovak Republic,
c) immediately after the conclusion of the contract of sale, but at the latest together with the delivery of the goods, provide the buyer with a confirmation of the conclusion of the contract of sale on a durable medium, for example by email,
d) to hand over to the buyer, at the latest together with the goods in written or electronic form, all documents necessary for the acceptance and use (manuals in Slovak language, warranty card, tax document).
The Seller shall be entitled to the due and timely payment of the purchase price by the Buyer for the delivered goods.
If, due to stock outage or unavailability of goods, the Seller is unable to deliver the goods to the Buyer within the period agreed in the Purchase Contract or specified in these General Terms and Conditions or at the agreed purchase price, the Seller shall be obliged to offer the Buyer an alternative performance or an opportunity for the Buyer to withdraw from the Purchase Contract (cancel the order). The Buyer may withdraw from the purchase contract or cancel the order by sending an e-mail to the Seller. If the Buyer has already paid the purchase price or part thereof, the Seller shall refund the purchase price or part thereof already paid within a period of no later than 14 days from the date of delivery of the e-mail about withdrawal from the purchase contract or cancellation of the order to the Buyer. If the Buyer does not accept the alternative performance offered by the Seller within a reasonable period of time or does not withdraw from the Purchase Contract, the Seller is entitled to withdraw from the Purchase Contract by delivering an e-mail to the Buyer.
4. Rights and obligations of the Buyer
The Buyer has been informed by the Seller that the Purchase Order includes the obligation to pay the Purchase Price.
The Buyer is obliged to:
(a) take delivery of the ordered and delivered goods properly and on time,
b) pay the Seller the agreed purchase price within the agreed due date, including the cost of delivery of the goods,
c) confirm the courier's receipt of the goods with his signature or the signature of a person authorised by him.
The Buyer shall be entitled to delivery of the goods in the quantity, quality, date and place agreed by the Parties.
5. Delivery terms
The usual availability of the goods with the expected date of their delivery to the Buyer is indicated for each good on the e-commerce website. The Seller displays in the e-shop information on the usual availability of the goods (in stock, in stock in selected stores, etc.). However, this information is subject to change and the Seller does not guarantee the immediate availability of the goods and services offered in all or some subscription points or by certain modes of transport. Unless otherwise agreed between the Seller and the Buyer in the Purchase Contract, the Seller is obliged to deliver the item to the Buyer without delay, at the latest within 30 days from the date of conclusion of the Purchase Contract. If the seller has not fulfilled his obligation to deliver the item within the time limit according to the first sentence, the buyer shall invite him to deliver the item within an additional reasonable time limit provided by him. If the seller fails to deliver even within this additional reasonable period, the buyer shall be entitled to withdraw from the contract of sale.
The seller is entitled to invite the buyer to take delivery of the goods even before the expiry of the delivery period agreed in the contract of sale.
The Buyer is obliged to take delivery of the Goods at the place agreed in the Purchase Contract or otherwise agreed between the Seller or its agent authorised to deliver the Goods and the Buyer in advance of the delivery of the Goods.
If the Seller delivers the Goods to the Buyer at the place and within the time, the Buyer shall take delivery of the Goods in person or arrange for the Goods to be taken over by a person authorised by the Buyer in his absence to take delivery of the Goods and sign the delivery and handover report. The Goods shall be deemed to have been delivered and accepted upon delivery of the Goods to the Buyer. Delivery of the goods to the buyer means the delivery of the goods to the place, their acceptance by the buyer or a third person authorised by the buyer and the signing of the delivery and handover report by the buyer or a third person authorised by the buyer.
The Buyer is obliged to inspect the consignment, i.e. the goods and their packaging immediately after delivery in the presence of a representative of the Seller. In the event of discovering the existence of a defect in the goods, the Seller's representative is obliged to allow the Buyer to make a record of the extent and nature of the defect in the goods, the accuracy of which shall be confirmed by the Seller's representative. On the basis of the record thus made and delivered to the Seller, the Buyer may subsequently refuse to accept the defective goods delivered or confirm the delivery of the defective goods and subsequently, in accordance with the Complaints Procedure, make a claim for defects in the goods. If the Buyer refuses to take delivery of the defective goods, all costs reasonably incurred in returning the goods to the Seller shall be borne by the Seller.
In the event of non-delivery of the goods by the Seller no later than within the period specified in these General Terms and Conditions, the Buyer shall be entitled to withdraw from the Purchase Contract and the Seller shall be obliged to refund to the Buyer the Purchase Price or part of the Purchase Price already paid within 14 days of receipt of the withdrawal from the Purchase Contract.
The Buyer chooses the method of delivery when placing an order in the e-shop. The following delivery methods are available:
(a) personal collection at a dispensing point - the Buyer shall collect the goods in person at one of the available dispensing points - the Seller's stores during opening hours. Not all dispensing points are available for all types of goods and services. When placing an order, the Buyer is offered a choice of only available dispensing points for the type of goods or services.
b) Courier - the Seller shall deliver the shipment to the Buyer by courier to the selected delivery location. Goods are delivered by courier only during working days.
The Buyer acknowledges and agrees to provide personal data in the scope of name and surname, correspondence address in the territory of the Slovak Republic, telephone number, e-mail address to the delivery company providing transport and delivery of the consignment to the Buyer, to the extent necessary for delivery or easier delivery of the consignment to the Seller.
6. The right to withdraw from the contract of sale without giving any reason.
If the Seller is unable to fulfil its obligations under the Purchase Contract due to stock out, unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the Purchase Contract has discontinued production or made such significant changes as to make it impossible to fulfil the Seller's obligations under the Purchase Contract, or for reasons of force majeure, or if, even with all due diligence, the Seller, which can be fairly demanded of him is unable to deliver the goods to the customer within the period specified in these general terms and conditions or at the price specified in the order, the seller is obliged to immediately inform the buyer of this fact and at the same time is obliged to offer the buyer an alternative performance or an opportunity for the buyer to withdraw from the purchase contract (cancel the order). In the event that the Buyer withdraws from the purchase contract for the reasons set out in this clause of these General Terms and Conditions, the Seller is obliged to return to the Buyer the deposit already paid for the goods agreed in the purchase contract within 14 days of receipt of the Buyer's notice of withdrawal from the contract.
According to the legal regulation, you have the possibility to withdraw from the contract of sale by first informing the buyer in writing or by e-mail of your decision to withdraw from this contract in the form of an unequivocally worded statement in a manner that does not give rise to doubt (e.g. by e-mail or letter sent by post), within 14 days from the day following the day on which the goods were delivered to you.
The withdrawal period is deemed to be observed if the notice of withdrawal is sent to the seller no later than on the last day of the period. You shall then return the goods immediately and in any case not later than 14 days from the day on which you notify us that you withdraw from this contract to the following address: KINKA STORE , Nám. Sv. Egídia 2950, 05801 Poprad, E-mail: objednavky@kinka.sk
The deadline is deemed to have been met if the goods have been handed over for transport on the last day of the deadline at the latest. It is recommended to insure the goods. Cash on delivery is not accepted by the seller. The Seller is obliged to return to the Buyer without undue delay, at the latest within 14 days from the date of receipt of the notice of withdrawal, all payments received from the Buyer on the basis of or in connection with the contract of sale, including the costs of transport, delivery and postage and other costs and charges. The Seller shall not be obliged to refund payments to the Buyer under this clause of these General Terms and Conditions before the Goods have been delivered to the Buyer or until the Buyer proves that the Goods have been sent back to the Seller, unless the Seller proposes to collect the Goods in person or through a person authorised by the Seller.
Within this period, the Buyer shall have the right to unpack and test the goods after receipt in a manner similar to that customary for a purchase in a traditional bricks-and-mortar shop, to the extent necessary to ascertain the nature, characteristics and functionality of the goods. The buyer shall only be liable for any diminution in the value of the goods resulting from such handling of the goods which goes beyond the handling necessary to ascertain the characteristics and functionality of the goods. The Seller shall be entitled to unilaterally set off the claim for compensation for damage against the Buyer's claim for reimbursement of the monies received by the Seller from the Buyer. The consumer shall not be liable for any reduction in the value of the goods if the seller has not fulfilled the information obligation on the consumer's right to withdraw from the contract pursuant to Section 3(1)(h) of the Act on Consumer Protection in Distance Selling.
The period for withdrawal from the contract of sale shall begin to run from the day on which the buyer or a third party designated by the buyer, with the exception of the carrier, takes delivery of all parts of the ordered goods, or if:
(a) the goods ordered by the buyer in a single order are delivered separately, from the date of receipt of the goods which were delivered last,
(b) goods consisting of several parts or pieces are delivered, from the date of receipt of the last part or piece,
(c) he supplies goods repeatedly under contract over a specified period, from the date of receipt of the first goods supplied.
The buyer may also withdraw from the contract of sale, the subject of which is the purchase of the goods, before the withdrawal period has started.
The buyer shall bear the costs of returning the goods to the seller or to the person authorised by the seller to take delivery of the goods and, if he withdraws from a distance contract, also the costs of returning the goods which, due to their nature, cannot be returned by post. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled his obligation under Section 3(1)(i) of the Distance Selling Consumer Protection Act.
The Seller is obliged to refund to the Buyer without undue delay, at the latest within 14 days from the date of receipt of the notice of withdrawal, all payments received from the Buyer under or in connection with the Purchase Contract, including transport, delivery and postage costs and other costs and charges for the Goods, in the same manner as the Buyer used in making his payment, unless the Seller agrees with the Buyer on a different method of refunding the payments, without the Buyer being charged any additional fees in connection with such refunding.
NOTICE:
Registered office address:
ADUS Technologies s.r.o., Fraňa Kráľa 2049, 05 801 Poprad,
does not serve for the return of goods.
7. Reservation of delivery
Delivery of the goods shall only take place within the Slovak Republic.
8. Transport costs
The price for shipping costs in the KINKA e-shop, which the buyer is obliged to pay at the same time as the payment of the purchase price, is 4.95 €. Payment for cash on delivery is charged at € 4.95. The actual costs of cash on delivery and shipping are only partially covered by this amount, the rest is assumed by KINKA .
If, for technical or logistical reasons, the shipment is made in several stages, we charge the postage and packing only once, of course.
9. Acquisition of ownership and transfer of risk of damage to the goods
Until the purchase price is paid in full, the goods remain the property of the company and the buyer acquires ownership of the goods only upon full payment of the purchase price.
The risk of damage to the goods shall pass to the buyer at the time when the buyer or a third party authorised by the buyer takes possession of the goods from the seller or his agent authorised to deliver the goods or, if he fails to do so in time, at the time when the seller allows the buyer to dispose of the goods and the buyer fails to take possession of the goods.
10. Payment terms
The purchase price for the Goods agreed in the contract of sale between the Seller and the Buyer is set out in the Order Acceptance. Our prices are quoted in euros and are inclusive of the statutory amount of VAT.
The Buyer is obliged to pay the Seller the purchase price for the agreed goods within the time limit according to the purchase contract, but at the latest upon receipt of the goods.
If the Buyer fails to pay the Seller the full purchase price by the time the goods are delivered to the place of delivery, the Seller shall be entitled to refuse delivery of the goods to the Buyer. All announced price promotions are always valid only until stocks are sold out or until the expiry of their duration. The Buyer shall obligatorily choose the payment method when placing the order, as not all payment methods are available for all shipping methods or groups of goods - the e-shop will automatically allow to select only the payment method that is possible in the given configuration when placing the order. KINKA reserves the right to exclude certain payment methods in individual cases.
Payment options:
1.Payment in advance by bank transfer - Payment by bank transfer is a method of payment in advance i.e. the goods are delivered after the funds are credited to the company's account. All information regarding payment by bank transfer will be sent to you by email after you place your order. Please note that the goods will be reserved for one week.
2.Cash on delivery for goods delivered by courier.
You will pay for the goods on collection either by cash or credit card.
3. In cash
You will pay for the goods when you collect them in person from one of our stores. You can pay in cash when collecting the goods in person.
11. Final provisions
These general terms and conditions come into force and effect on 20.11.2023.
These general terms and conditions as valid and effective on the date of conclusion of the purchase contract are an integral part of the purchase contract.
The Parties agree that communication between them shall be in the form of email messages.
If the Buyer is not satisfied with the manner in which the Seller has dealt with his complaint or if he believes that the Seller has violated his rights, he has the possibility to contact the Seller with a request for redress. If the Seller responds to the request for redress in a negative manner or fails to respond within 30 days from the date of its dispatch, the Buyer has the right to submit a proposal for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments and Additions to Certain Acts. The competent entity for alternative dispute resolution of consumer disputes with the Provider is the Slovak Trade Inspection, Prievozská 32, 827 99 Bratislava 27, http://www.soi.sk or another competent authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk). The Customer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution.
Relationships not regulated by these general terms and conditions are subject to the relevant provisions of the Civil Code, Act No. 250/2007 Coll. 372/1990 Coll. on offences, as amended, Act No. 22/2004 Coll. on electronic commerce and on amendment and supplementation of Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendment and supplementation of certain acts, as amended by Act No. 284/2002 Coll. as amended and Act No. 102/2014 Coll. on consumer protection in distance selling.
Before sending the order, the buyer will be asked to confirm that he/she has read these general terms and conditions, has read them, understands their content and agrees with them in their entirety. The terms and conditions for the processing of personal data and the specification of specific personal data with their processing are contained in .
Supervisory authority:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Bratislava Region
Prievozská 32, P.O. Box 5,820 07 Bratislava 27
Department of Technical Product Inspection and Consumer Protection and Legal Department
tel. no.: 02/ 58272 172, 02/58272 104 fax no.: 02/ 58272 170
http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi