General Terms and Conditions
General Terms and Conditions
Business name and registered office: TWINYX, s.r.o. , 811 08 Bratislava, Cukrová 2376/6 , Slovak Republic
Identification: ID No.: 52 720 144 , Tax ID No.: 2121112686 , VAT ID No.: SK2121112686
Registration: District Court in Bratislava, Section: Sro, Insert No.: 142848/B
Preamble
1. TWINYX, s.r.o. guarantees in relation to consumer contracts all the rights given by the law of the Slovak Republic, in particular:
40/1964 Coll., the Civil Code, as amended,
b/ 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 business premises, as amended
c/ Act No.: 250/2007 Coll. on Consumer Protection
as amended.
d/ Act No.: 18/2018 Coll. on the Protection of Personal Data, as amended.
e/ Act No.: 294/1999 Coll. on liability for damage caused by defective products, as amended.
f/ Act No.: 391/2015 Coll. on alternative dispute resolution of consumer disputes, as amended.
g/ any other consumer rights legislation in force at the time of the conclusion of the transaction.
2. TWINYX, s.r.o. informs consumers about the following options for purchasing goods:
A/ TWINYX, s.r.o. is a Slovak manufacturer and seller from whom the consumer can order and purchase goods directly in its workshop or through its e-shop : www.twinyx.sk. The consumer enters into a legal relationship with the company on the basis of consumer contracts:
a/ Purchase contract, in the case of direct purchase of goods already manufactured, or
b/ Work contract, in the case of ordering goods to be manufactured according to the customer's requirements.
B/ Contractual partners of TWINYX, s.r.o. If the consumer purchases goods from contractual partners, he enters into a legal relationship with legally independent entities and all related rights, obligations and liabilities are realized between him and such entities. TWINYX, s.r.o. shall not be liable or assume any liability or other form of obligation in transactions entered into between the consumer and its contractual partners.
Basic concepts
A consumer is a natural person who purchases goods or services and does not act within the scope of his/her business, occupation or profession when concluding and performing a consumer contract.
Seller means a natural person - entrepreneur or a legal person who, when concluding and performing a consumer contract, is acting within the scope of his business or profession, or a person acting on his behalf or on his behalf.
Supplier means a natural person entrepreneur or a legal person who, directly or through other entrepreneurs, has supplied the seller with goods and whose actions do not affect the characteristics of the goods.
Shop means an online shop operated by the Seller and represented by a set of websites and e-commerce applications on a particular internet domain.
4. In the interest of legal certainty, TWINYX, s.r.o. issues General Terms and Conditions ( hereinafter referred to as "GTC" ) for contracts concluded between it and consumers, which are part of the documentation of each concluded consumer contract.
Part I. Rules for purchases in brick-and-mortar shops
Article 1.
Basic provisions.
1. The subject of the consumer contract is the goods specified in the order /advance invoice/, invoice issued by the Seller (hereinafter referred to as the "consumer contract") from its production programme or commercial offer (hereinafter referred to as the "goods").
2. TWINYX, s.r.o. undertakes to manufacture and deliver the Goods and to transfer the title to the Goods to the Consumer. The Consumer undertakes to pay the purchase price and to accept the Goods in accordance with the contents of these GTC.
Article 2.
Payment terms
1. The purchase price including VAT is agreed in the consumer contract according to the currently valid price list of TWINYX, s.r.o.
2. The payment terms are set out for each type of sale as follows:
a/ Payment terms for the collection of immediately available goods in the workshop:
The buyer is obliged to pay the purchase price in full at the latest upon delivery of the goods, with the option of payment in cash, by credit card or by transfer to the seller's account (the variable symbol is the number of the advance or regular invoice).
b/ Payment terms upon collection of goods that cannot be delivered immediately:
The buyer is obliged to pay a deposit in the amount agreed when placing the order, but at least: 35% of the purchase price no later than 3 days after the conclusion of the contract. Failure to pay the deposit shall be deemed to be withdrawal from the contract without further delay.
In the case of an order in which the buyer requests a later than standard delivery date, but within a maximum of 6 months, he is obliged to pay a deposit of at least 50% of the price of these goods, always no later than 3 days after the conclusion of the purchase contract. Failure to pay the deposit shall be deemed to be withdrawal from the contract without further delay.
The Buyer shall pay the balance of the price not covered by the deposit paid up to 100% of the price stated in the Purchase Contract within 3 days after the Seller notifies the Buyer that the goods are ready for delivery. Non-payment of the balance of the purchase price shall be deemed to be a breach of contract by the Buyer without further delay and shall entitle the Seller to refuse delivery of the goods to the Buyer without any penalty until the purchase price has been demonstrably paid. The Seller shall not be in default in the delivery of the Goods until the Purchaser has paid the Purchase Price in full.
c/ Payment terms for collection of goods and non-standard goods:
Atypical goods (i.e. in particular goods which have non-standard dimensions, technical design and/or surface or colour finish at the Buyer's request) and which cannot be delivered immediately, the Buyer shall be obliged to pay a deposit of 100% of the purchase price always within 3 days at the latest after the conclusion of the purchase contract. Failure to pay the deposit shall be deemed to be a withdrawal from the contract by the buyer without further delay.
d/ Payment terms for delivery of the goods before the agreed delivery date
The buyer shall pay the balance of the price not covered by the deposit paid up to 100% of the price stated in the purchase contract within 3 days after the seller has notified the buyer that the goods are ready for delivery. Non-payment of the balance of the purchase price shall be deemed without further delay to be a breach of contract by the Buyer and shall entitle the Seller to refuse delivery of the goods to the Buyer without any penalty until the purchase price has been demonstrably paid.
3. Payment of the purchase price in the case of cash payment shall be the date on which such payment is received at the cash desk and in the case of non-cash payment shall be the date on which the payment is credited to the Seller's account.
4. The Consumer acknowledges that TWINYX, spol. s.r.o. carries out invoicing relations mainly, but not exclusively, in electronic form and by signing this deed confirms that, in accordance with Act No.: 222/2004 Coll. on Value Added Tax, as amended, he/she agrees to the sending of electronic invoices to the e mail address he/she has provided in the order or other documentation for the Seller's information system.
Article 3.
Terms of Delivery.
1. Unless otherwise specified in the Consumer Contract, the place of delivery of the goods to the Buyer is the workshop of Twinyx, s.r.o. where the contract was concluded. For contracts concluded in the shop of Twinyx, s.r.o. Prievidza, the place of delivery, unless otherwise specified in the contract, shall be: the shop of TWINYX, s.r.o. at the address: Inžinierska 3, 971 01 Prievidza.
2. The obligation of TWINYX, s.r.o. to deliver the goods is fulfilled by:
a/ properly packing and allowing the buyer to dispose of the goods at the place of delivery. (If the buyer has not concluded a contract for the transport of furniture with an external supplier of such a service, the loading of the goods and the removal of the goods from the place of delivery shall be arranged by the buyer at his own expense and risk), or
b/ hand over the goods for transport to an external supplier of such a service, if the buyer has concluded a contract for the performance of such a service related to the goods sold with such an entity.
3. If the subject of the contract is goods that cannot be delivered immediately, TWINYX, s.r.o. is obliged to notify the consumer of the readiness for delivery of the goods as follows:
- in the case of any other product range, no later than 10 weeks from the date of payment of the deposit pursuant to Article 2 of the GTC.
TWINYX, s.r.o. is obliged to deliver the goods only after the consumer has paid the price in full.
4. TWINYX, s.r.o. shall deliver to the consumer together with the goods the related documents, in particular:
a/ the invoice (which is also the delivery note),
b/ the cash receipt, if the buyer has paid the purchase price in cash,
c/ the documentation relating to the goods required by applicable law
5. The consumer is obliged to take delivery of the goods at the place of delivery as follows:
a/ goods ready for immediate collection - immediately after payment of the purchase price
b/ goods that cannot be delivered immediately - after payment of the purchase price according to Article 2.2 b/ of the GTC
c/ atypical goods - no later than: 5 days from the date TWINYX, s.r.o. notifies the customer of the readiness to deliver the manufactured goods.
6. The consumer cannot refuse to accept the goods ordered by him/her due to dimensional disproportions of the entrance openings (e.g. doors) to the space in which the goods are to be unloaded, assembled and placed in relation to the dimensions of the goods ordered and manufactured according to the consumer's requirements.
7. The ownership right to the goods and the risk of damage to the goods shall pass to the consumer at the moment of acceptance of the goods or, if the consumer does not take possession of the goods, at the moment when TWINYX, s.r.o. allows him to dispose of the goods.
8. TWINYX, s.r.o. is entitled, if the consumer agrees, to deliver the goods even before the date specified in the consumer contract, if the date of early delivery is notified to the buyer at least 3 days before the early delivery of the goods.
Article 4.
Delay of the Buyer
1. If the consumer does not take delivery of the goods within 5 days after the date of delivery of the goods according to the consumer contract and the GTC (agreed additional period), of which TWINYX, s.r.o. informs the consumer by phone or in writing, the seller has the right to demand from the consumer a storage fee in the amount of EUR 10 for each day of delay in taking delivery of the goods, with the receipt of the goods up to a maximum of 50% of the price of the goods. The day of delivery in this case is the day on which the consumer did not take delivery of the goods, although he had the opportunity to do so.
2. If the consumer is in delay with the receipt of the goods for at least 10 days and despite a written invitation TWINYX, s.r.o. - does not take over the goods, the seller has the right to withdraw from the contract of sale. The effects of the seller's withdrawal from the contract of sale shall take effect on the day of delivery of a written copy of the withdrawal to the consumer.
3. TWINYX, s.r.o. has the right and the consumer by concluding the consumer contract assumes the obligation to pay the contractual penalty due to the breach of the buyer's obligation to pay and / or accept the delivered goods, namely:
35 % of the purchase price of the ordered goods,
b/ in the amount of: 100% of the purchase price of the ordered atypical goods.
4. The contractual penalty is payable on the day following the breach of the consumer's obligation to pay for or accept the goods under the consumer contract. Payment of the contractual penalty shall not affect the right to compensation for damages.
5. The consumer shall have the right to withdraw from the contract in all cases where this is expressly provided for in the applicable legislation. Withdrawal from the contract must be in writing, reasoned and delivered to the seller. The grounds for withdrawal may not be subsequently amended or supplemented. The consumer may use the withdrawal form published at: www.twinyx.sk or, in the case of e-sales, the form delivered to the consumer in the notification e-mail confirming his order.
6. In the event of withdrawal from the contract by the Consumer, TWINYX, s.r.o. is entitled to unilaterally set off its claim for payment of the contractual penalty agreed in Article 4.3 of the GTC against the Consumer's claim for refund of the deposit / purchase price. For the purposes of set-off, the consumer's claim for reimbursement of the advance payment/purchase price shall be deemed to be due on the day following the date of withdrawal from the contract.
Article 5.
Optional services for retail sales.
1. TWINYX, s.r.o., on the basis of concluded consumer contracts, supplies and sells goods from its production output, selected related goods from other manufacturers and related activities within the scope of the scope of activity registered in the Commercial Register.
2. TWINYX, s.r.o. does not provide consumers with any other services related to the sale or production of goods.
3. TWINYX, s.r.o. may, in case of interest, arrange for the consumer to have the possibility to conclude a consumer credit agreement or other similar agreement for financing the purchase of goods with a company providing financial services. The conclusion of such a contract is a separate legal relationship between the consumer and the financial service provider.
4. In the interest of TWINYX, s.r.o. to provide the highest possible convenience to the consumers, the current List of Authorized Service Partners is available in the company's stores and e-shop and an optional possibility (but not obligation) to order the services listed below for a fee from these entities is provided.
5. Authorized Service Partners are independent natural and legal persons who have been issued a Certificate by TWINYX, s.r.o. valid for the relevant calendar year and have:
a/ provided training and training of personnel for the proper performance of activities related to the sale of goods
b/ a contractual relationship that obliges them to perform services for customers that they order and that are related to the sale of goods.
6. External Authorized Service Partners provide independently on their own behalf and on their own responsibility for the customers of TWINYX, s.r.o. the implementation of activities related to the sale of goods, which are:
a/ transport, removal and carrying away of the purchased goods,
b/ assembly and disassembly of the purchased goods.
7. The order, price, method, time and conditions of provision of optional services and are governed by the concluded consumer contracts and general terms and conditions of the Authorised Service Partners. If the consumer orders optional services, he enters into a legal relationship with external service providers as legally and financially independent entities, and all related rights, obligations and liabilities are implemented directly between the customer and these entities.
8. TWINYX, s.r.o. does not bear any legal responsibility or assume any liability or other form of obligation in transactions concluded between consumers and external providers of optional services.
Article 6.
Notice of conditions required for the assembly of goods by Twinyx, Ltd.
1. Assembly is exclusively the assembly of furniture. The connection of electrical appliances and/or light fittings to the mains and/or gas appliances to the gas pipe, water to the water pipe and taps and/or sinks to the waste is never part of the assembly process, as such work can only be carried out by those authorised to do so.
2. In all cases of installation, the consumer is obliged to ensure, in his own interest, that the technical conditions for installation are met at the place where the furniture is installed, in particular that:
a/ there are no obstacles behind the built-in electrical appliances that prevent their installation, especially gas, water, waste pipes, electrical sockets, building irregularities,
b/ the air temperature in the room was at least 18°C,
c/ the mains outlets (e.g. gas pipe with valve, electrical network with electrical socket) have been professionally terminated,
d/ the mains outlets corresponded to the approved installation project,
e/ the floor covering has been completed
f/ and there were no unsuitable walls for furniture installation (e.g. uneven walls, damp masonry or fresh plaster),
g/ if wall fixing is planned for the furniture installation, so that the wall has sufficient load-bearing capacity.
3. It is the consumer's responsibility to ensure that the recommended technical conditions for installation are met. The consumer shall arrange for the installation to be carried out in a manner satisfactory to him. TWINYX, s.r.o. only sells the goods and in any case recommends that the installation of the goods is carried out by its Authorised Service Partners, to whom it has provided the training and training of personnel necessary for the proper performance of the activities related to the sale of the goods.
Part II.
E-Commerce Purchase Policy.
Article 7.
Basic Provisions.
1. The specifics of TWINYX, Ltd. e-commerce are reflected in the extended text of Part II. GTC, which are accessible to consumers through the e-commerce application: www.twinyx.sk.
2. These GTC apply to consumer contracts concluded through the TWINYX, s.r.o. e-shop only if not otherwise stated in the extended text part II. www.twinyx.sk
3. TWINYX, s.r.o. on the basis of concluded consumer contracts supplies and sells exclusively goods (furniture) from its own production, selected related goods from other manufacturers and related activities within the scope of the subject of activity registered in the commercial register.
4. TWINYX, s.r.o. does not provide consumers with any other services related to the sale of goods. Optional services in relation to the goods purchased in the e-shop, consumers have the possibility (not obligation) to order from external suppliers - Authorized Service Partners of TWINYX, s.r.o. in the manner and under the terms and conditions specified in Article 5 of these GTC.
5. The Supplier publishes a list of goods it offers for sale to the Buyer and allows the Buyer to order the goods via an application on the Internet address: www.twinyx.sk (hereinafter referred to as the "e-shop").
6. By means of the e-commerce application (the so-called checkbox), the Buyer expresses that he has read these GTC, fully understands their content and all their terms and conditions and that he agrees to them.
7. Purchase of goods via e-commerce can be made by natural persons and legal entities regardless of legal form. The contact and operational details for the e-commerce are as follows:
Internet domain of the e-shop: www.twinyx.sk
Electronic address for order processing: eshop@twinyx.sk
Electronic address for complaints: eshop@twinyx.sk,
Working hours at TWINYX, s.r.o. headquarters: 07:00 - 15:30
Bank connection: Tatra banka, a.s., account number: 42080234/1100
IBAN : SK60 1100 0000 0029 4208 0234
Telephone number for orders: +421 910 454 044
Telephone number for complaints: +421 910 454 044
8. Supervision of the sale of goods by TWINYX, s.r.o., including sales via e-shop is carried out by:
a/ Slovak Trade Inspection Authority with registered office: PO BOX 29, Bajkalská 21/A , 827 99 Bratislava 215, www.soi.sk
b/ SOI Inspectorate for the Trenčín Region, located at Hurbanova 59, 911 01 Trenčín
Article 8.
Information on goods and price.
1. The information about the goods listed in the e-shop offer is drawn from the supplier's information database and publicly available sources of the producers of the goods. The Supplier reserves the right to possible technical modifications that do not affect the normal use and declared dimensional and utility characteristics of the displayed goods. The colour shades of the goods displayed on the monitor may not be perceived in the same way as in reality. The display of colours depends, among other things, on the quality and calibration of the display equipment used.
2. All possible promotional prices of goods published on www.twinyx.sk are valid only until the specified time or while stocks last, unless otherwise stated for a specific product.
3. TWINYX, s.r.o. reserves the right to adjust the price of goods listed in the e-shop offer at any time. The change in the price of the goods does not apply to consumer contracts concluded prior to the price change, regardless of the fact that the goods have not yet been delivered. The purchase price of the goods as stated in the order confirmation is decisive. If this purchase price is higher than the price stated in the e-shop offer at the time of ordering the goods by the buyer, the electronic message with the subject line "Order Confirmation" shall be deemed to be the suppliers' proposal for a new purchase contract with a higher price, which must be explicitly confirmed by the buyer (e-mail, fax) in order for the purchase contract to be validly concluded.
5. If the Seller is obliged under the applicable legislation to indicate separately the Recycling Fee for electrical equipment or other sales-related fees when selling, such fees are indicated separately for each of the goods concerned and, where applicable, on the sales documents in the manner specified in the law.
Article 9.
Ordering of Goods.
1. An order for goods will only be accepted if it is placed via the e-shop's electronic order form and at the same time contains at least the information listed below:
a/ name and surname or business name b/ address of permanent residence in the territory of the Slovak Republic, c/ delivery address in the territory of the Slovak Republic,
d/ information whether the consumer will also order optional services and which Authorised Service Partner or whether he/she will require personal collection of the goods,
d/ telephone contact and electronic address (e-mail),
e/ in the case of an order from a legal entity, the business name, VAT number and VAT registration number, if any, must also be provided.
f/ the type, quantity and price of the goods,
2. Goods from the e-shop catalogue are ordered by the consumer according to the procedure indicated in the navigation menu of the e-shop. Submission of the order is conditional on the completion of the identification and contact details of the buyer, the request for the place of delivery in the Slovak Republic - if the consumer independently orders an optional service from an external entity, the consent of the buyer to the processing of his/her personal data within the scope of the applicable legislation and these GTC, confirmation of the buyer's consent to these GTC and agreement on the delivery time for the goods.
3. Upon delivery, the order will be processed and the Supplier will send the Buyer an informative electronic message on receipt of the order to the electronic address ( e-mail ) provided by the Buyer, by which the Supplier will confirm the inclusion of the order for processing. This does not confirm the execution of the order, nor does it constitute a contract of sale or a contract for optional services / services between the consumer and the external entity. Any further information regarding the consumer's order will be sent to the email address provided.
Article 10.
Conclusion of the consumer contract via the e-shop.
1. Before confirming the order to the consumer, TWINYX, s.r.o. shall verify the availability of the goods and the actuality of their price.
2. TWINYX, s.r.o. is obliged to electronically confirm the order immediately after its delivery by sending an electronic message to the consumer with the subject "Order Confirmation", except if even with all the efforts that can be fairly required of him he is unable to deliver the goods to the buyer:
a/ within the time limit specified in these GTC or b/ at the price stated in the e-commerce offer at the time of placing the order or c/ due to the goods being out of stock or unavailable.
3. The order confirmation contains information on the total price for the goods and the delivery time, which may be extended by the necessary time in the event of the occurrence of circumstances not caused by the Seller and resulting in the objective impossibility of delivery of the goods at the time specified in the confirmed order.
4. In the aforementioned cases, TWINYX, s.r.o. shall immediately send the Buyer an alternative offer of alternative performance (different delivery time, different purchase price, similar goods, etc.) electronically, which must be explicitly confirmed by the Buyer (e-mail, fax) in order for the purchase contract to be validly concluded.
5. The delivery of an electronic message with the subject line "Order Confirmation" is deemed to be the conclusion of the consumer contract if the consumer has ordered the goods. The parties are bound by the concluded contract.
Article 11.
Payment terms.
1. The purchase price for the goods, if concluded via e-commerce (hereinafter referred to as the "total price"), the buyer (customer) is obliged to pay by one of the methods listed below, from which he chooses:
a/ in cash or by credit card when collecting the goods in person
b/ by wire transfer or by deposit into the supplier's bank account before delivery of the goods
c/ by credit card when purchasing via the internet before delivery of the goods,
d/ by concluding a consumer credit agreement or other similar agreement with a consumer financial services company in accordance with the applicable legislation.
9. TWINYX, s.r.o. may, if requested by the consumer in the electronic order of goods, arrange for the consumer to have the opportunity to conclude a consumer credit agreement or other similar agreement to finance the purchase of goods with a financial services company. However, the conclusion of such a contract is a separate legal relationship between the consumer and the service provider, which is governed by the general terms and conditions of the financing entity.
10. Payment of the price for the goods by means of a credit agreement or other similar agreement is made according to the agreement concluded by the consumer, the implementation of which is provided by TWINYX, s.r.o. The consumer is obliged to respect the technical method of execution of the conclusion of the contract and the subsequent payment set by the financial service provider, which is indicated in the e-shop on the website: www.twinyx.sk.
11. In the event that the Consumer withdraws from the credit agreement or other similar agreement concluded by him/her before the financing company pays the purchase price on his/her behalf, he/she is obliged to pay TWINYX, s.r.o. the price of the goods by cash payment or non-cash payment no later than fourteen (14) days after the delivery of the goods as a buyer.
12. TWINYX, s.r.o. shall not be obliged to deliver the goods to the consumer until the consumer has paid the purchase price and by doing so, TWINYX, s.r.o. as the supplier shall not be in default of delivery of the goods.
Article 12.
Delivery terms
1. Unless otherwise specified in the consumer contract, the place of delivery of the goods shall be the place specified in the confirmed electronic order. The place of delivery must be in the territory of the Slovak Republic. The obligation to deliver the goods is fulfilled by the fact that TWINYX, s.r.o:
a/ properly pack and allow the buyer to dispose of the goods at the place of delivery. (If the buyer has not concluded a contract for transport with an external supplier of such a service, the loading of the goods and the removal of the goods from the place of delivery shall be arranged by the buyer at his own expense and risk), or
b/ hand over the goods for transport to an external supplier of such a service, if the buyer has concluded a contract for the performance of such a service related to the goods sold with such an entity.
2. TWINYX, s.r.o. is obliged to deliver the goods only after the consumer has paid the price in full.
3. TWINYX, s.r.o. shall deliver to the consumer together with the goods the related documents, in particular:
a/ the invoice (which is also the delivery note),
b/ the cash receipt, if the buyer has paid the purchase price in cash,
c/ the documentation relating to the goods required by applicable law
d/ written information within the meaning of Section 6(1) 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 away from the seller's premises and on amendment and supplementation of certain acts
e/ a contract from a financial services company if the buyer has applied for a consumer loan.
4. The consumer is entitled and obliged to take delivery of the goods at the place of delivery only after full payment of the purchase price.
5. The ownership right to the goods and the risk of damage to the goods shall pass to the consumer at the moment of acceptance of the goods or, if he does not take possession of the goods, at the moment when TWINYX, s.r.o. allows him to dispose of the goods.
6. TWINYX, s.r.o. is entitled, if the consumer agrees, to deliver the goods even before the date specified in the consumer contract, if the date of early delivery is notified to the buyer at least 3 days before the early delivery of the goods.
Article 13.
Optional services when selling via e-shop.
1. TWINYX, s.r.o. delivers and sells exclusively goods (furniture) from its own production and selected related goods of other manufacturers on the basis of concluded consumer contracts.
2. TWINYX, s.r.o. does not provide any services related to the sale or financing services for the purchase of goods. In relation to optional services, the provisions of Article 5 shall apply. 5.
3. For the assembly of goods purchased in the e-shop, the warnings in Article 6 shall apply in full. GTC.
Article 14.
Withdrawal from consumer contracts concluded via e-shop
1. Withdrawal from a consumer contract (as well as from an optional service contract concluded between the consumer and an external supplier of such services) and all matters related thereto shall be governed by the provisions of Act No.: 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Contract Concluded at a Distance or a Contract Concluded Outside the Seller's Premises, as amended from time to time.
2. If the seller has provided the consumer with timely and proper information about the right to withdraw from the contract, the consumer is entitled to withdraw from the distance contract or the contract concluded outside the seller's business premises within 14 days from the date of:
(a) receipt of the goods pursuant to paragraph 4 in the case of contracts the subject matter of which is the sale of goods,
(b) the conclusion of a contract for the provision of a service; or
(c) the conclusion of a contract for the provision of electronic content not supplied on a tangible medium.
sale of goods made according to the specific requirements of the consumer, custom-made goods or goods intended specifically for a single consumer,
the sale of goods enclosed in protective packaging which are not suitable for return for health reasons, or
for hygiene reasons and whose protective packaging has been broken after delivery,
the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery,
4. The exercise of the right of withdrawal shall be fully governed by 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 Amendments and Additions to Certain Acts. The consumer bears the burden of proof of exercising the right to withdraw from the contract.
5. The consumer shall exercise his right to withdraw from the contract by giving notice of withdrawal:
a/ sent by registered mail to the address of the Supplier's registered office, or b/ sent by electronic message (e-mail) to the electronic address for order processing, or c/ delivered in person during working hours to the Supplier's registered office.
7. If the Consumer chooses to withdraw from the contract, he/she may do so via the form available in the e-shop at www.twinyx.sk. or the template delivered to the Consumer in the notification email confirming his/her order.
6. If the Seller allows the consumer to withdraw from the contract on its website by using a special function or withdrawal form, the Seller shall provide the consumer with a confirmation of this on a durable medium as soon as the withdrawal is received.
7. The obligations of the Seller and the Consumer in the event of withdrawal from the contract shall be governed by 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 Amendments and Additions to Certain Acts. If the buyer withdraws from the purchase contract, any supplementary contract related to the purchase contract from which the buyer withdrew is also cancelled from the outset.
8. When withdrawing from a contract the subject of which is the sale of goods, the seller is not obliged to refund payments to the consumer before the goods are delivered to the consumer or until the consumer proves that the goods have been sent back to the seller.
9. As the contract is cancelled from the outset in the event of cancellation, the Supplier and the Consumer shall return or refund all payments received between them. The Consumer must present proof of purchase together with the returned goods. The Consumer must return the goods from which he withdraws to the Seller unused, undamaged, complete in the condition in which they were delivered to him (including the package leaflet, etc.) and in the original packaging (if possible, otherwise packaged in the usual and necessary manner to preserve the quality and quantity of the goods). In the event of use or damage to the goods, the consumer shall be liable for any diminution in the value of the goods resulting from handling which goes beyond that necessary to ascertain the characteristics and functionality of the goods.
10. The consumer who has withdrawn from the contract is obliged to return the goods to the supplier, having the possibility to do so at any TWINYX, s.r.o. outlet.
11. A consumer who has withdrawn from the contract and is unable to return the goods in person may (but is not obliged to) order an optional service from external entities and request the dismantling and removal of the goods under conditions agreed between them.
12. Optional services are separately provided services that are not provided by TWINYX, s.r.o. and the Consumer may or may not order them from external entities. Therefore, the costs related to optional services in cases of withdrawal from the contract are not considered as costs incurred by the Buyer in connection with the ordering of the goods.
13. In the event that the Consumer withdraws from the Purchase Contract and delivers to the Supplier goods of reduced value that are used, damaged or incomplete, the Purchaser shall reimburse the Supplier for the costs incurred in repairing the goods or restoring them to their original condition.
14. TWINYX, s.r.o. recommends that consumers insure the goods in connection with their return. The Supplier does not accept COD shipments. The Supplier shall refund the purchase price for the goods to the Consumer by transfer to a bank account designated by the Consumer or by postal order (unless otherwise agreed), no later than within 14 days in accordance with the relevant provisions of the law.
16. The Supplier is entitled to withdraw from the contract if the Consumer fails to pay the purchase price properly and on time, or fails to take delivery of the delivered goods properly and on time, by written notice of withdrawal sent to the Consumer:
a/ by registered mail to the Buyer's permanent address or b/ by electronic message (e-mail) to the Buyer's electronic address.
Part III.
Warranty period and defect claims.
Article 15.
Warranty period and claims procedure.
1. Liability for defects in the goods and the guarantee of quality are subject to the applicable legislation. TWINYX, s.r.o. provides a standard warranty period for goods manufactured and delivered by it within the statutory period of 24 months during which they will be fit for their usual purpose and retain their usual characteristics. The warranty period begins on the date of receipt of the goods. The invoice for the goods also serves as the warranty certificate.
2. TWINYX, s.r.o. may provide the consumer with an extended warranty period in the case of goods specified by it, but only if all of the following conditions are met cumulatively:
a/ it is explicitly stated in the concluded consumer contract/order,
b/ the transport and assembly of the goods shall be carried out by an Authorised Service Partner of the Seller,
c/ the assembly of the goods will include the installation of built-in appliances and sink purchased from TWINYX, s.r.o., as well as the cutting of the worktop for the sink and the hob.
3. The warranty does not cover, in particular, defects in the goods resulting from improper transport, handling, improper assembly or improper use of the goods by the consumer.
4. Claims by which the consumer claims liability for product defects, the rights and obligations of consumers and the specific procedure for ensuring the effective handling of any claims, defects of goods purchased from TWINYX, s.r.o., is governed by the COMPLAINT PROCEDURE, which is publicly available at the company's registered office and on the website: www.twinyx.sk and the consumer is familiarized with it individually for each business case.
5. Information on service points for warranty and post-warranty service is available at the factory workshop and on the website: www.twinyx.sk. If necessary, they will be provided to consumers by telephone or e-mail.
Part IV. Special and final provisions.
Article 16: Processing and protection of personal data.
1. TWINYX, s.r.o. collects personal data of the buyer solely for the purpose of:
a/ fulfilment of obligations arising from concluded consumer contracts, and/or
b/ fulfilment of obligations arising from the content of concluded contracts for optional service/services between the consumer and the external provider of such service and/or
c/ for the purpose of the performance of contracts concluded between the consumer and financial service providers.
2. TWINYX, s.r.o. is responsible for the fact that the personal data voluntarily provided by the consumer in the following scope: name, surname, electronic mail address (e-mail), permanent address, delivery address, billing address, telephone number will not be used for purposes other than those mentioned above.
3. In the event that the consumer requests information about the offer of goods, this will be provided by sending it to the electronic mail address (e-mail) provided by the consumer. The consumer may request cancellation of this service at any time by using the form available at: www.twinyx.sk.
4. The Buyer acknowledges that his/her signature on the consumer contract / order / other documents related to the goods purchased by him/her confirms that he/she has read the said documents, understands their content and agrees with them. In the case of a consumer under 16 years of age, the signature / consent of his/her legal representative is required.
5. The consumer declares that he/she has been instructed by the seller and has been duly informed of the substance of the contents:
- Act No: 40/1964 Coll. of the Civil Code as amended
- Act No: 18/2018 Coll. on the Protection of Personal Data, as amended
- Regulation (EU) 2016/679 of the European Parliament and of the Council - General Data Protection Regulation
- Code of Conduct for the processing of personal data and being aware of its meaning and purpose, TWINYX, s.r.o., as the controller, consents to the processing of all personal data, for all cases in which personal data are not processed on the basis of another legal title, (e.g. GDPR, special laws and implementing regulations or individual consents) which it has provided and will provide in the framework of the implementation of the rights and obligations of the consumer contract concluded with it, in particular for the purposes of:
- drawing up the consumer contract/order and all necessary accompanying documentation.
- the provision of consumer data to selected cooperating entities, in particular external Authorised Service Partners and financial services companies
- Invoicing of goods and services supplied and accounting processing of the necessary documentation.
- implementation of the loyalty program, consumer information and advertising and marketing purposes of the Seller.
- for any necessary purposes related to the concluded consumer contract
- in the Seller's information system, files, electronic devices and correspondence; and
- in any necessary form to necessary recipients, in any place and state and for an indefinite period of time.
6. The Seller hereby gives notice to the Buyer that pursuant to Article 6(1) (b) of 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 and repealing Directive 95/46/EC (General Data Protection Regulation), (hereinafter referred to as the "Regulation"), the Seller, as the operator of the information system, will process the Buyer's personal data in the process of concluding the Purchase Contract without the Buyer's consent as a data subject, since the processing of the Buyer's personal data will be carried out by the Seller within the framework of pre-contractual relations with the Buyer and the processing of the Buyer's personal data is necessary for the performance of the Purchase Contract in which the Buyer acts as one of the contracting parties.
7. The Seller declares that it will process personal data in accordance with good morals and will act in a manner that does not contravene or circumvent the Regulation or other generally applicable laws. The Seller declares that it will not coerce or condition the data subject's consent by threatening to refuse a contractual relationship, service, good or obligation imposed on the Seller. Pursuant to Article 6(1)(f) of the Regulation, the Seller may, after delivery of the ordered goods or services to the Buyer, on the basis of legitimate interest, also process the Buyer's personal data for direct marketing purposes and send information about new products, discounts and promotions on the offered goods or services to the Buyer's e-mail address.
8. The Seller shall ensure adequate protection of personal data and shall process it in accordance with applicable law throughout the period of storage and disposal of the data in accordance with its internal and archiving rules.
9. The Consumer has the right to withdraw consent in writing at any time, to request access to, rectification, erasure or restriction of processing of his/her personal data, to object to processing, to data portability and may exercise the rights himself/herself, through the responsible person or a supervisory authority of the State within the meaning of the applicable law.
Article 17.
Final provisions.
1. Relations between TWINYX, s.r.o. and consumers not governed by the GTC shall be governed by the law of the Slovak Republic. Special agreements in the consumer contract shall prevail over the provisions of the GTC insofar as they are not in conflict with the applicable law. The GTC are valid for all consumer contracts concluded by TWINYX, s.r.o. regardless of the form and place of conclusion of the contract and are publicly available at the company's headquarters and stores, on the website : www.twinyx.sk.
2. The Buyer by signing on the consumer contract / order / other documents related to the goods purchased by him, or through the e-commerce application (the so-called check box) on the website www.twinyx. sk confirms that he/she has been acquainted with the GTC and the ADVERTISING PROCEDURE, agrees with their content, they are understandable and certain, is bound by them and agrees that they will be applied to the business case initiated by him/her and concluded through the shops or e-shop and the respective consumer contract for the delivery of goods.
3. TWINYX, s.r.o. reserves the right to modify the GTC and the Complaints Procedure. In the event that, at the time of the execution of the transaction, the legal regulation provides the consumer with more rights than the GTC, the applicable legal regulation shall apply without further delay.
4. The GTC are valid from the date of their issue and are effective in relation to the consumer on the date of conclusion of the consumer contract.
In Prievidza, 20 June 2022