General Terms and Conditions of the online store (e-shop www.pohodafestival.sk)

Business name (as registered): POHODA FESTIVAL, s.r.o.
Street, number: Zochova 6-8
ZIP and city: 811 03 Bratislava
Identification number: 45639043
Tax identification number: 2023064758
VAT number: SK2023064758

The company is registered in the Commercial Register of the District Court Bratislava I, section Sro, insert 66168/B.

Bank details:  Slovenská Sporiteľňa, a. s., IBAN: SK6709000000005043180796
Telephone/Cellular: 02/207 08 251
E-mail: shop@pohodafestival.sk
Orders can be placed via e-shop: 24/7
Work hours: n/a
Manager: Mgr. Michal Kaščák
Business name: POHODA FESTIVAL, s.r.o.
Street, number: Prostredná 46
ZIP and city: 900 21 Svätý Jur
Supervision authority:
The Slovak Trade Inspection Office in Bratislava governing the Bratislava region
Prievozská 32, P.O.BOX 5
820 07 Bratislava 27
tel.: 02/58272 172
E-mail: ba@soi.sk

 

Article I.

Definitions

  1. The Operator of the website (e-shop) is POHODA FESTIVAL, s.r.o., with registered seat: Zochova 6-8, 811 03 Bratislava.
  2. The Seller is POHODA FESTIVAL, s.r.o., with registered seat: Zochova 6-8, 811 03 Bratislava.
  3. The Supplier of the goods and services offered in the e-shop www.pohodafestival.sk is POHODA FESTIVAL, s.r.o., with registered seat: Zochova 6-8, 811 03 Bratislava.
  4. A Buyer is every visitor to the e-shop that created an order via e-shop. For the purposes of Act no. 102/2014 Coll., a Consumer means a natural person who does not act in the course of their business, employment or occupation when they conclude and perform a consumer contract.
  5. An e-shop is a computer system located on the Internet that is accessible to public and that allows the ordering of goods or services.
  6. Goods or services are all the products published on the e-shop website.
  7. An order is created by confirming the ordering process in the e-shop that takes place when the Buyer selects goods or services. It includes the complete filling in of the order form.
  8. A Buyer fully recognises electronic communications primarily through e-shop, e-mail communications, and telephone communications.

 

Article II.

Price

  1. All the listed prices for goods are final and include 20% VAT.
  2. The Seller is bound by the price quoted on the website of the e-shop at the time of making the purchase.

 

Article III.

Order

  1. An order is created by confirming the ordering process in the e-shop that takes place when the Buyer selects goods or services. It includes the complete filling in of the order form. For a correct execution of the order, it is necessary to fill in the information required in the order and to choose a shipping and payment method for the goods or services ordered.
  2. By placing the order, the Buyer agrees with the price of the ordered goods and services and, therefore, the order becomes binding for the Consumer. 
  3. Placed order remains valid for 14 days. If the goods are not paid for in full, by the Buyer, within specified time limit, the order will be considered as cancelled, after expiration of this time limit.
  4. A contract of purchase is established upon confirmation of the order by the Seller. The contract may be changed, cancelled or supplemented only by mutual agreement between the Buyer and the Seller, unless a law or other legal regulation stipulates otherwise. The Seller confirms the order by shipping the goods.
  5. Following the placement of the order in the e-shop, the Buyer is sent an automatically generated e-mail confirming the receipt of the order by the e-shop. This e-mail is not a confirmation of goods within the meaning of paragraph 3 of this Article.
  6. By submitting an order, the Buyer is bound to the payment of the purchase price of the goods ordered.
  7. If, with their maximum effort, the Seller is unable to complete an order or part of it within the established processing time because, for example, the goods are not manufactured, the goods are not available at the manufacturer or at the supplier's external warehouse, the manufacturer has made major changes that prevent an order from being executed, or for reasons of force majeure, the Seller may cancel the order, in which case they inform the Buyer via e-mail. The Seller may also cancel the order if the Buyer has provided false or misleading information in the order that cannot be verified, such as an incorrect e-mail address or telephone number. If the Buyer has paid an advance, it must be returned within 14 days.

 

Article IV.

Payment Terms

  1. Goods and services in the e-shop can be paid for in the following ways:
    1. payment via the GP WebPay payment gateway
    2. payment by direct transfer to the bank account.
  2. A gift voucher is a prepaid amount of money that the Buyer can use to buy goods, within the amount of prepaid funds. The validity date is shown on the voucher. The nominal value of a gift voucher can be agreed with the Buyer.
  3. Supplements for individual payment options are listed in Art. VI of these General Terms and Conditions.
  4. The Seller may offer these discounts to the Buyer:
    1. discount for registration in the e-shop,
    2. discount for returning customers,
    3. discount based on a one-time discount coupon.
  5. Discounts cannot be accumulated.

 

Article V.

Terms of delivery

  1. The Seller is obliged to ship the goods to the Buyer within 30 days after the placement of the order, unless otherwise agreed, or unless a longer delivery period was specified for the goods.
  2. If the goods are in stock, they are shipped under full capacity in the shortest possible time.
  3. If your order contains more goods and services, and some of them are not in stock, we inform the Buyer of the possibility of partial deliveries.
  4. An invoice (tax document), instructions, and other manufacturer documents for the goods or services are sent to the Customer along with the goods.
  5. The place of performance shall be the place in which the goods are delivered.
  6. The Seller ships the goods to the Buyer via:
    1. DHL courier company
    2. personal collection at Prostredná 46, 900 21 Svätý Jur

 

Article VI.

Fees for transportation and handling; payment options

  1. Upon advance invoice and advance payment to the bank account or upon payment using payment gateways, the shipment costs are as follows:
    1. DHL courier company shipment with delivery within the Slovak Republic, shipment within 5 working days from our warehouse: €3.50
    2. DHL courier company shipment with delivery in other European countries or outside of Europe, shipment within 5 working days from our warehouse: the price is calculated according to the following table:

 

country

DHL shipment

Belgium

€12.50

Bulgaria

€17.50

Czech Republic

€4.50

Denmark

€12.50

Estonia

€12.50

Finland

€16.00

France

€12.50

Greece

€17.50

Netherlands

€12.50

Croatia

€17.50

Ireland

€17.50

Lithuania

€12.50

Latvia

€12.50

Luxembourg

€12.50

Hungary

€7.00

Germany

€12.50

Poland

€12.50

Portugal

€17.50

Austria

€7.00

Romania

€17.50

Slovakia

€3.50

Slovenia

€17.50

Spain

€17.50

Sweden

€16.00

Italy

€12.50

United Kingdom

€12.50

Other EUROPEAN countries

€19.00

Other countries than listed

€23.00

 

                                                               Annex: Table 1
 

  1. The Seller and Buyer may agree on a different procedure for the transfer of goods or services than what is listed hereinabove as well as the prices for these services.
  2. The Seller can send the Buyer the immediately available goods and the remainder of the order will be delivered later on within the statutory period, provided, however, that the Buyer will not be charged any additional shipping cost except for the cost included in the order.

 

Article VII.

Transfer of ownership

  1. The right of ownership passes from the Seller to the Buyer at the moment of payment of the full price for the subject of the contract of purchase.
  2. In case of a claim submitted by the Buyer, the Seller is entitled to process the claim of the goods or services covered by the ownership of the Seller only upon the full payment of the subject of the contract of purchase.

 

Article VIII.

Cancellation of the contract of purchase

  1. The Buyer is entitled to a free cancellation of the ordered goods or service within 24 hours of the creation of the contract of purchase in case of custom-made goods, goods according to specific customer requirements or special goods for one consumer.

 

Article IX.

The consumer's right to return the goods without stating a reason and consumer disclaimer

  1. The consumer has, under Act 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or contract stipulated outside the Seller’s premises and amendment of certain laws (hereinafter referred to as the “Act”) pursuant to the provisions of Section 7 and subsequent, the right to withdraw from the contract within 14 calendar days of the date of receipt of goods. Where the supply of goods is the subject of the contract of purchase, the Consumer has the right to withdraw from the contract even before the goods are delivered.
  2. If the consumer wants to use this right, they are required to deliver a written withdrawal from the contract personally at the contact address of the Seller no later than on the last day of the specified period, or submit the withdrawal for posting to the address that is listed in the contacts no later than on the last day of the period. Following the notice of withdrawal, the consumer is obliged to send or personally deliver the subject of the contract from which they withdraw, along with all the documentation: e.g. original invoice, instructions, and other documentation for the goods which was delivered with the goods. The handover must take place no later than 14 days from the date of withdrawal (section 10 paragraph 1 of the Act). We recommend Buyers to get a copy of the invoice for personal use and send good as registered and insured items. The following form can be used for withdrawal: Withdrawal from the contract of purchase , where the information marked with an asterisk (*) must be filled in. (http://www.nakupujbezpecne.sk/docs/form/odstupenie%20od%20zmluvy.pdf).
  3. Do not send goods by mail order, such goods will not be accepted.
  4. The e-shop Operator shall return the amount paid for the goods/service including transport costs in accordance with the art 9 para. 3 of the Act no. 102/2014 Coll. as well as costs  demonstrably incurred in connection with ordering the goods. The return shall take place within 14 days of receipt of the withdrawal; the Operator is not required to return the money before the goods are returned or the consumer demonstrates the dispatch of goods, except in the case where the Seller proposed to collect the goods themselves.
  5. The cost of returning the goods is paid by the consumer. 
  6. The right of withdrawal does not apply to goods and services as defined in art 7 para. 6 points a) to l) of Act no. 102/2014. Coll.
  7. The consumer shall bear any diminished value of the goods that was caused by its use beyond what is necessary to determine the functionality and characteristics of the goods.

Notice to consumers:

Since the Seller also offers the purchase of tickets on this site, tickets cannot be returned within 14 days of delivery, in accordance with the aforementioned Act. In particular, according to Art. 7 para. 6 of Act no. 102/2014 Coll., it is not possible to withdraw from the contract if the subject of the delivery is the provision of services that include free time activities where the Seller undertakes to provide these services at or within the agreed time.

 

Article X.

The rights and obligations of the Parties

  1. The Parties are the Seller and the Buyer.
  2. The Buyer is obliged to:
    1. take over the merchandise,
    2. pay the agreed remuneration for the goods to the Seller,
    3. check the integrity of the container or the product itself on takeover.
  3. The Seller is obliged to:
    1. deliver the goods to the customer in the required quality, quantity, and for the agreed price,
    2. send the customer together with the goods or additionally all the documents related to the goods, such as an invoice for the goods, letter of dispute, and operating instructions in a codified form of the Slovak language.

 

Article XI.

Privacy Policy

  1. Personal data is processed in accordance with the requirements of the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data repealing Directive 95/46/EC (hereinafter referred to as “GDPR”) and Act No. 18/2018 Coll. with the purpose of meeting these general requirements while processing your order correctly.
  2. Further information on the processing of personal data as well as the information in the sense of Art. 13 of GDPR is contained in the Privacy Policy.

 

Article XII.

Final provisions

  1. The Seller reserves the right to amend these General Terms and Conditions and Return Policy even without prior notification to the Buyer. In the event of a change of the General Terms and Conditions or Return Policy, the purchase process is governed by the General Terms and Conditions applicable at the time when the Buyer placed the order. The General Terms and Conditions are available on the Sellerʼs website.
  2. The Return Policy is an integral part of these General Terms and Conditions.
  3. By placing the order, the Buyer has read the General Terms and Conditions as well as the Return Policy.
  4. These terms were developed as part of the project of the nakupujbezpecne.sk e-shop certification.
  5. These General Terms and Conditions and the Return Policy are available for inspection by the Buyer at the registered office of the company and they are also available on the e-shop website.
  6. If the Consumer is not satisfied with the way the Seller has handled their claim or if they believe that the Seller has breached their rights, they may contact the Seller and ask for a remedy. If the Seller rejects the request for correction or fails to reply such a request within 30 days from the submit date, the Consumer has, pursuant to art. 12 of Act no. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplement of some acts, the right to file a petition for starting an alternative solution of the dispute. The relevant entity for an alternative resolution of a dispute with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or other relevant legal entity registered in the List of Alternative Dispute Resolution Bodies maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s). The Consumer chooses which of these alternative dispute resolution bodies to address. At the same time, the Consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution. Information on draft charges can be found on the website of a specific alternative dispute resolution body.
  7. The terms not covered in these General Terms and Conditions and in their integral parts (annexes) are governed. in particular, by the relevant provisions of Act no. 40/1964 Coll., Act no. 250/2007 Coll., Act no. 102/2014 Coll., Act no. 122/2013 Coll., Act no. 22/2004 Coll., and Act no. 513/1991 Coll.
  8. These General Terms and Conditions and their integral parts come into force and are effective on 1 February 2017.

 

Return Policy of the online store (e-shop)

an integral part of the General Terms and Conditions

 

  1. Only goods purchased from the Seller and owned by the Buyer can be claimed.
  2. In case the ownership right has not yet passed from the Seller to the Buyer, in accordance with valid legislation, the Seller exercises the right to process the claim only after full compensation under art. 151a et seq. of the Civil Code.
  3. If the Buyer is a Consumer (a natural person who does not act in the course of their business, occupation or profession), a 24-month guarantee is provided for all goods, unless stated otherwise. Returns are governed by the Consumer Protection Act, the Civil Code and this Return Policy. If the Buyer is not a Consumer, returns are governed by the provisions of the Commercial Code and the warranty period is 1 year. The warranty period begins on the date of receipt of the goods from the shipping company or on the day of its takeover directly from the Seller, if the goods are picked up by the Buyer.
  4. The Buyer is obliged to apply the claim immediately after the defect is discovered.
  5. Liability for defects is not attributable to defects caused by the following use:
    1. the defect occurred due to mechanical damage to the product caused by the buyer,
    2. misuse of the product in a manner other than what is stated in the instructions for use,
    3. the use of the goods under conditions where humidity and chemical and mechanical effects do not correspond to the natural environment of the goods,
    4. neglect of the care and maintenance of the goods,
    5. damage to the goods due to excessive use,
    6. the use of the goods not satisfying the conditions stated in the documentation, general principles, technical standards or safety regulations or any other breach of warranty conditions.
  6. Defects resulting from natural disasters are excluded from the liability for defects.
  7. Liability for defects does not apply to the normal wear and tear of the goods (or parts thereof) caused by the use of the goods. Therefore, a shorter product life cannot be considered a defect and cannot be claimed.
  8. Returned goods must be dispatched to our address below (do not use cash on delivery option) or delivered in person to our contact address. The goods must be packed appropriately so that the goods are not damaged during transport. We recommend sending the goods by registered mail or as an insured mail item. A copy of purchase receipt (invoice) and a description of the defect must be attached to the goods; we recommend that you attach the completed Claim Form and a purchase receipt. (http://www.nakupujbezpecne.sk/docs/form/reklamacia.pdf). Claims must be sent only in writing (by mail) or delivered personally (e-mail form is not acceptable).
  9. The Seller shall confirm the receipt of the claim and provide the Buyer with an appropriate confirmation of receipt of claim. The day of submission of the claim is the date of its delivery to the Seller. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, at the latest with the confirmation of processed claim. The confirmation of processed claim shall be sent in writing.
  10. The Seller is obliged to determine the method of processing of the claim immediately; complex cases may require up to 3 days from the date of the claim. In justified cases, especially if a complex technical evaluation of the goods is required, such period may extend to 30 days from the day of claim. The Seller shall process the claim immediately after determining the method of processing the claim; in justified cases, claims may be processed later. The claim processing time must not exceed 30 days from the date of the claim. After the 30-day deadline for claim processing has passed, the Buyer has the right to withdraw from the contract of purchase and they shall be reimbursed the full amount for the goods or shall require replacing the goods with a new piece.
  11. Buyer's rights at filing a claim:
    1. in the case of a removable defect, such a defect shall be removed free of charge and in a timely manner. The Seller decides on the method of defect removal. The Buyer may request replacement of the defective item instead of having the defective item repaired if the Seller does not incur disproportionate costs in relation to the price of the goods or the seriousness of the error,
    2. in the event of an unrecoverable defect that prevents the proper use of the item for the given purpose, the Buyer has the right to replacement of the goods or to withdrawal from a contract of purchase (refund) or to a discount on the price.
    3. A claim is deemed processed if the complaint is terminated by the delivery of the claimed goods, replacement of the goods or refunding the purchase price of the goods, a written request to receive settlement or a reasoned refusal of the claim.
  12. The perfect condition of the goods or integrity of the packaging (according to the instructions for receiving the goods) should be checked at receiving the goods. As the goods may be damaged during transport, we recommend the Buyer to unpack the goods and inspect it in the presence of the carrier. By signing the courier documents, you declare that the packaging is undamaged.
  13. This Return Policy is an integral part of the General Terms and Conditions and the Seller reserves the right to change them at any time without prior notice to the Buyer.
  14. Contact details: POHODA FESTIVAL, s.r.o. Zochova 6-8, 811 03 Bratislava, shop@pohodafestival.sk