General Terms and Conditions of HEROKI s.r.o.
I. Basic provisions
These GTC regulate the relationship between the parties of the purchase contract, one party being HEROKI s.r.o., Company ID: 52298027, with registered office at Veterna 8760/43, 917 01 Trnava, Slovak Republic, registered in the Commercial Register of the District Court Trnava, Section: Sro, Insert number 44202/T as the Seller (hereinafter referred to as the "Seller") and, another party being the Buyer, who may also be a consumer (hereinafter referred to as the "Buyer"). Further information about the Seller is available at www.heroki.eu in the "Contact" section.
- an individual registered in the Commercial Register,
- an individual who does business on the on the basis of a trade license,
- an individual who does business on the basis other than a trade license under special regulations,
- an individual who performs agricultural activities and is registered in a special regulation.
II. Purchase contract
2. Delivery of the subject of purchase
III. Information Security and Data Protection
The Seller hereby notifies the Buyer that, according to § 10 par. Article 3 b) of Act no. 122/2013 Z.z. about the personal data protection process, he shall process the Buyer's personal data without his consent as the data subject in the process of concluding the purchase contract, since the processing of the Buyer's personal data shall be performed by the Seller in pre-contractual relations with the Buyer and processing of the Buyer's personal data is necessary for performance of the purchase contract in which Buyer is one of the parties.
The Buyer can tick off the box before submitting the order to present his/her consent in accordance with § 11 par. 1 of Act 122/2013 Coll., in order for the Seller to process and retain his/ her personal data, especially those mentioned above and/or necessary for the Seller's activities concerning the sending of information about new products, discounts and promotions on the products offered and processing the personal data in all of its information systems, regarding sending information about new products, discounts and promotions on the products offered.
The Buyer allows the Seller this time-limited consent to fulfil the purpose of processing the Buyer's personal data. After fulfilling the processing purpose, the Seller shall immediately secure the disposal of the Buyer's personal data. The Buyer may withdraw from consent of the processing of personal data in writing at any time. The consent expires within 1 month of receipt of the withdrawal of consent by the Buyer to the Seller.
The Seller declares that all personal data is confidential and shall not be disclosed to third parties, etc. except the distribution or payment situations related to the ordered products (statement of name, account number and delivery address). The Seller proceeds in such a way that the data subject shall not be harmed in his/her rights, in particular in right preserving of human dignity, and also to protect information against unauthorised interference with the private and personal life of the data subject. Personal data are collected, processed and retained in accordance with applicable laws of the Slovak Republic, in particular Law No. 122/2013 Zz, on the protection of personal data, as amended. The Buyer has the right to access his/her personal data and the right to rectification (via the contact form, including the right to request explanation and to remove the non-conforming status and other legal rights regarding this data).
The Buyer, on the basis of free written request, has the right to object to the processing of personal data in cases under Section 10 Article 3 (a), (e), (f) or (g) of Act 122/2013 Zz by stating reasons or giving evidence of unauthorised interference with his/her rights and the rights of the protected interest which are or may be harmed, unless any legal reasons prevent it and if case the Buyer's objection is justified, the Seller is obliged to stop using and dispose the Buyer's personal data processing of which has been objected, without undue delay.
The Seller hereby notifies the Seller that, in accordance with § 15 par. (1) e) points 3 and 4 of Act 122/2013 Zz in the processing of personal data of the Buyer, it is expected that the personal data of the Buyer shall be provided and made available to the following third parties, of the beneficiaries:
Slovenská pošta, a.s., with registered office at Partizánska cesta 9, 975 99 Banská Bystrica, Slovak Republic, Company ID No.: 36631124, registered in the Commercial Register of the District Court of Banská Bystrica, Section Sa, Insert No. 803 /S
IV. Operating Hours
Internet orders or order via the sales person:
automatic order confirmation: Monday - Sunday: 00-24h
e-mail, phone: Monday - Friday: 9:00-17:00
In case of a failure of an information system or a higher power, the Seller is not liable for failure to fulfil operating hours.
The customer shall be informed at www.heroki.eu about the opening hours during public holidays.
V. Purchase price
• on e-shop www.heroki.eu
The Buyer takes due note of the fact that there may be cases in which a contract shall not be concluded between the Seller and the Buyer, especially when the Buyer orders products at a price wrongly specified due to an error of the Seller's internal information system. In this case, the Seller informs the Buyer of the fact and has the right to withdraw from the contract.
The Seller reserves the right to declare the purchase contract invalidated in case of improper use of personal data, payment by credit card, etc., or due to interference by an administrative or judicial body, the Buyer shall be informed of this procedure.
The Buyer takes due note that in these cases the purchase contract cannot be concluded.
The Buyer shall receive payment at the price valid at the time of the order.
VII. Withdrawal from the Contract
917 01 Trnava
The Buyer has the right within this period of time to unpack and test the products in a manner similar to buying in a classic shop to the extent necessary to evaluate the nature, characteristics and functionality of the products. The products should be returned by the Buyer in full, complete documentation, undamaged, clean, if possible including original packaging, in good condition and in the same value. The consumer is only responsible for the diminished value of the products that come into existence as a result of the treatment of the products, which is beyond necessary treatment to evaluate the characteristics and functionality of the products. The consumer is not responsible for the diminished value of the products if the Seller has not fulfilled his obligation to provide information about the right of the consumer to withdraw from the contract in accordance with § 3 par. 1h) of the Act on the Protection of Consumers in the sale via remote communication.
If the products are complete, including the original packaging, undamaged and do not bear any signs of use, the Seller shall extend the above 14-day period for return of the products for 30 calendar days from the date of receipt of the products.
In accordance with the above mentioned law, and in regard of the nature of the range of products sold, the products sold in the Dental care section, it is not possible to return this type of products if the products have been unpacked, used or bear any signs of use.
a) about the provision of a service in which the provision of the service has begun with the express consent of the consumer and the consumer has stated that he has been properly instructed that, by declaring such consent, he/she loses the right to withdraw from the contract after the full service has been provided and,
b) the sale of products or the provision of services, the price of which depends on the change of prices on the stock market which the Seller cannot influence and
c) the sale of products manufactured according the specific requirements of the consumer or products specifically intended for an individual consumer, which may occur during the expiry of the withdrawal period,
d) the sale of products that are subject to a rapid quality deterioration or destruction,
e) the sale of products contained in a protective packaging which is not suitable for return for health or hygiene reasons and the protective packaging of which has been damaged after delivery,
f) the sale of products which, by reason of their nature, may be mixed with other products after delivery,
g) the sale of alcoholic beverages at a price agreed at the time of conclusion of the contract, the delivery of which may be realised after 30 days at the earliest, and their price depends on the change of prices on the market which the Seller cannot influence,
h) performance of urgent repairs or maintenance, which the consumer has explicitly requested from the Seller; this does not apply to service contracts and contracts for the sale of other products as parts necessary for repair or maintenance, in case they were concluded during the Seller's visit to the consumer and the consumer did not order these services or products in advance,
i) the sale of recordings, images, sound and image recordings, books or computer software sold in the protective packaging, if the consumer unpacked the packaging,
j) the sale of periodic press, exception for sales under a subscription agreement, and the sale of books not provided in the protective packaging,
k) the provision of accommodation services for other than accommodation purposes, the transportation of products, the rental of cars, the provision of catering services or the provision of services related to leisure activities under which the Seller undertakes to provide these services at the agreed time or within the agreed period of time,
l) to provide electronic content other than on a physical device, in case its provision has been initiated with the express consent of the consumer and the consumer has stated that he has been properly instructed with loss of the right to withdraw from the contract by declaring such consent.
If the Buyer decides to withdraw within the specified period of time, it is recommended to deliver the products to the Seller's address along with the enclosed letter, with the reason for the withdrawal of the purchase contract (it is not a condition), the purchase receipt number and the bank account number, whether the amount shall be paid in cash or whether it shall be used for the next purchase.
VIII. Payment Terms
The Seller accepts the following payment terms:
- advance payment via bank transfer,
- by cash on delivery (the carries receives cash from the customer); - only possible within the Slovak Republic,
- payment via the bank payment interface - (online payment by PayPal).
The products remain Seller's possession before full payment and receipt, but the risk of damage to the product passes to the Buyer with the receipt of the products.
The Buyer's invoice information cannot be changed after the submission of the order.
We deliver the invoice electronically within 14 days of receipt of the payment. The invoice is in an e-mail attachment that informs you about the receipt of a payment for the products.
X. Delivery Terms
Only the Buyer can take over the products. This individual must sufficiently identify oneself and prove one's identity by valid ID card or by valid passport.
Shipment - SR:
Products can be sent to the Buyer via a shipping service. The different forms of delivery are offered according to the actual availability of individual services and in terms of capacity and transportation options. In case of interference by higher authorities or failure of the information system, HEROKI s.r.o. is not responsible for the late delivery of the products. The shipping price is based on the current price list on the day of the order.
The warranty terms and conditions for the products are governed by the Seller's Complaint Procedure and the valid legal regulations of the Slovak Republic. As a warranty certificate, the purchase document is used.
XII. Final Provisions
These General Business Terms and Conditions are valid and effective from December 13, 2017 and replace all the previously issued GTC. The Seller reserves the right to change the GTC without prior notice. The change of the GTC does not apply to the purchase contracts concluded before the GTC change, regardless of the fact that the products have not yet been delivered.
Refund and Return Policies
RIGHT TO MAKE A WARRANTY CLAIM
If the buyer purchases a defective product, he/she has right to make a warranty claim. In order to provide proper evaluation, it is necessary that the returned product is clean, complete and in compliance with hygiene regulations or general hygienic requirements. In addition to generally known rules, the Buyer is obliged to observe the conditions stipulated for the use of the product in the warranty certificate or in the instructions for use, to use and treat the goods in accordance with their durability.
PLACE AND METHOD OF WARRANTY CLAIM PROCEDURE
Warranty Claim can be made in writing by e-mail, by mail to HEROKI s.r.o., Veterna 8760/43, 917 01 Trnava, Slovak Republic or by phone: +421908924260 . The returned products can be sent by Slovak Post to the address given above. We recommend to insure the product. We do not accept products send by cash on delivery service. The warranty claim must include a written description of the defects that are the subject of a claim and proof of purchase, warranty certificate or advice of delivery. One of the above documents is enough to exercise the rights of liability for defects (warranty claim). The warranty period shall start on the day the following conditions are fulfilled:
a) the delivery of the Notice of Warranty Claim to the Seller,
b) the delivery of the product to the seller by the buyer;
PRODUCT RETURN POLICY PROCEDURE
If the product does not satisfy you and you need to replace it with another one, you can use the exchange service. In this way, only the product that was purchased can be exchanged, not the product that was send as a gift. It is needed to send the order number, the unsatisfactory product and the product you want to get in an exchange by email, facebook, or phone. Our customer care colleagues will prepare a package for a forwarding company who will deliver the right product to you the next day and they will also require a well packed product you want to exchange.
WARRANTY CLAIM PROCEDURE
To return the product, it is possible to send it undamaged within 30 days. Send it to us: HEROKI s.r.o., Veterna 8760/43, 917 01 Trnava, Slovak Republic.
LIABILITIES OF THE SELLER
The seller is responsible that the sold product has the quality and utility properties generally requested by the seller or described by the manufacturer or expected to comply with the requirements of the law is in the specified quantity and corresponds to the purpose which the seller indicates or for which the product is usually used. The seller is responsible for defects that occur after the purchase of the product during the warranty period.
- the buyer has caused the defect himself,
- the buyer was aware of the product's defects before the receipt, and he/she was provided with a discount on the product,
- the warranty claim is contrary to the nature of the goods, in particular, the expiry of the durability of the product for which the discount was provided,
- the defects arose during the warranty period due to the wear and tear of the goods, their incorrect or excessive use, or which arose after the expiry of the durability of the product,
- caused by the intervention of the buyer or other person on the product or its part.
The seller is responsible for defects of the products during 24 months from receipt of the product by the buyer, in case the warranty period is not stated on the product, it's packaging or on the warranty certificate. If the product under warranty is repaired, the warranty period extends from the warranty claim time until the consumer is obliged to take over the product after the repair, even if he did not do so. If the product is exchanged for new one, a new warranty period starts from the date the product was received, or sent to the buyer. If the warranty claim of the defective product is not performed during the warranty period, the right of liability for the defect shall expire. The buyer will be informed about the settlement of the warranty claim, personally, by phone or by email.
RIGHTS OF THE CONSUMER
In the case of defects of products which the consumer claimed to repair during the warranty period, he has the right that to have the product repaired free of charge, properly and in due time. In case the defects cannot be repaired and which prevent the proper use of product, the consumer has the right to exchange the product or right to withdraw from purchase and request a refund of the purchase price. If the defect can be repaired, but due to recurring defects after repair the consumer cannot properly use the product, he/she has the right to exchange the product or to receive the refund of purchase price of the product. The buyer has the same rights as with defects that cannot be repaired, during the repair of faulty products within 30 days of claiming. In the case of defects which cannot be repaired and prevent the proper use of the product, the consumer has the right to receive an appropriate discount on the price of the product.
PRIVACY AND DATA PROTECTION POLICY
In accordance with Act No. 428/2002 Coll.Z.z. on the protection of personal data. The owner of www.heroki.eu e-shop undertakes that any personal data that is entrusted to it shall not be, without the consent of the owner of the data, provided to any third party; and he shall not use the entrusted personal data to a commercial offer unrelated to the promotion of the www.heroki.eu. At the same time, he undertakes to delete the personal data from its database at the customer's request without being provided with any reasons.