General Terms and Conditions
company BOKSi s.r.o., Hlaváčikova 20, 841 05 Bratislava,
IČO: 51 474 999, DIČ: 2120725640
Definitions of basic terms
1.1 For the purposes of these General Terms and Conditions and the Agreement to which they form part, the following definitions shall apply:
- „GTC“ means these general terms and conditions
- „Provider“ means BOKSi s. r. o., with its registered office at Hlaváčikova 20, 841 05 Bratislava, Slovak Republic, IČO: 51 474 999, entered in the Commercial Register of the District Court Bratislava I, Dept .: Sro, File No .: 127083 / B
- „Customer“ means a natural or legal person who has entered into an Agreement with the Provider,
- „Consumer“ means the Customer who is a natural person and who does not act within the scope of his business or other entrepreneurial activity when concluding and fulfilling the Contract,
- „Entrepreneur“ means a Customer who is not a Consumer
- „Agreement“ means the Purchase Agreement or Lease Agreement
- „Purchase Agreement“ means the purchase agreement concluded between the Customer and the Provider
- „Lease Agreement“ means the lease agreement concluded between the Customer and the Provider
- „ Lessee“ means the Customer who has entered into a Lease Agreement with the Provider
- „Buyer“ means the Customer who has entered into a Purchase Agreement with the Provider
- „Website“ means the website www.boksi.sk
- „Price of Goods“ means the total purchase price under the Purchase Agreement or the total rent under the Lease Agreement, which may include various components (eg the price of additional services ordered by the Customer)
Scope of application of the GTC
2.1 These GTC govern the relations under the Agreement between the Provider and the Customer concluded through the Website. These GTC shall also apply mutatis mutandis to relations under the Contract concluded with the Customer in another way.
2.2 These GTC are considered to be an inseparable part of the Agreement, with which the Customer expressly agrees by concluding the Agreement.
2.3 The relations between the Provider and the Consumer established by the Contract and these GTC as a part thereof are governed by the legal order of the Slovak Republic, in particular by the provisions of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller, as amended, as well as Act no. 250/2007 Coll. on consumer protection, as amended, as well as the provisions of Act no. 40/1964 Coll. Civil Code as amended.
2.4 The relations between the Provider and the Entrepreneur established by the Contract and these GTC as a part thereof are governed by the legal order of the Slovak Republic, in particular by the provisions of Act no. 513/1991 Coll. Commercial Code as amended.
2.5 The Provider reserves the right to change the GTC, the new version of which takes effect on the day of publication of this updated version on the Website. The GTC, as amended, remain valid and effective at the time of submission of the proposal for the conclusion of the Contract by the Customer and are part of the Contract and even after the eventual later publication of updated GTC.
Closing of the contract
3.1 The Customer submits to the Provider a binding proposal for the conclusion of the Agreement by sending the order via the order form published on the Website (hereinafter referred to as the “Order”) under a unique automatically assigned number.
3.2 By sending the Order, the Customer confirms that he has read, resp. the Provider was acquainted with the main properties of the goods and in the case of the Lease Agreement also with the nature of the service – lease, its (their) total price and other costs associated with the performance of the Agreement by the Provider, as well as with the to pay a specific amount of the price, further that he has chosen a suitable method of payment of the price from the options offered by the Provider, as well as that he has become acquainted, resp. was acquainted by the Provider with the delivery conditions and the period within which the Provider undertakes to deliver the goods resp. provide service. By sending the Order, the Customer further confirms that before sending it, he has duly acquainted himself with the wording of these GTC, fully understands their content, agrees with them and is interested in concluding the Contract of which they are a part.
3.3 The Contract is concluded upon acceptance of the Order by the Provider in the form of a confirmation e-mail stating the number of the Order sent to the Customer to the e-mail address specified in the Order.
3.4 The Order may only order goods that are at the time of sending the Order in the Provider’s offer listed on the Website.
3.5 The Provider is not obliged to accept the Order. The Provider is not obliged to accept the Consumer’s order unless the Order contains all the data specified in the order form, if these data are quite incorrect, if the Consumer has not paid the price of the goods properly and on time according to clause 5.5 of these GTC or due to unavailability of goods or other technical reasons.
3.6 The identifier of the Customer’s position as an Entrepreneur or as a Consumer, which the Provider itself is usually unable to distinguish from itself when concluding the Contract, is the ID number specified in the order. In the event that the Customer fills in the data on his / her ID number by entering the number, he / she confirms that he / she acts within the scope of his / her business or other entrepreneurial activity when concluding the Contract, otherwise the Customer, who is a natural person, acts as a Consumer.
3.7 The Customer may withdraw from the Contract as a whole in writing (by e-mail) within 24 hours of receipt of the Order by the Provider, in which case the Provider has the right to claim transaction costs from the Entrepreneur in the amount of 3%. set off against the Entrepreneur’s claim for a refund of the Price of the goods.
Terms of Delivery
4.1 The Provider is obliged to deliver the goods (also within the service – lease) to the Customer within the term according to the Contract, which is the date (day) specified in the Order, unless the Provider and the Customer agree otherwise in writing (by e-mail). The Customer will be informed by the Provider by telephone, or in the form of an SMS, of the approximate time of delivery of the goods in advance to the telephone number specified in the Order.
4.2 Acceptance of the leased / purchased goods delivered on the basis of the Contract will take place in the form of personal acceptance by the Customer at the address in the Slovak Republic specified in the Order. The Provider will ensure the delivery of goods after the first lockable door of the building (but always only on the ground floor of the building, even if the first lockable door is located on the first floor), or after the entrance barrier of the premises, at the address which is the place of delivery. The Provider is not obliged to ensure the delivery and delivery of the goods at an address located in a place with an unpaved road surface or in a place where easy access by motor vehicle is not possible. The inclusion of such an address in the Order is considered a frustrating delivery (or refusal to take over the goods) by the Customer.
4.3 The Customer is obliged to take over the goods at the agreed place on the agreed day and at the time specified by the Provider. The Customer, or the person who acts on his behalf when taking over the goods (eg authorized person, statutory body, authorized person), is obliged to present his identity card or passport (and if it does not follow from them) to the person delivering the goods on behalf of the Provider. address of residence in the Slovak Republic, as well as proof of this address) and enable it to extract from it data on name and surname, date of birth, permanent, temporary or other type of stay and number, date of issue and period (date) of validity of the submitted document. If such a document is not submitted, the Provider has the right not to hand over the delivered goods due to frustrated delivery (or refusal to take over the goods) by the Customer.
4.4 Rather, the Provider, Customer, Order number, goods taken over, place and date (time) of receipt, data on the person taking over the goods on behalf of the Customer (within the scope of data according to point 4.3) shall be stated on the handover and acceptance of goods upon delivery of goods. of these GTC), the relationship of this person to the Customer, the identification of the person delivering the goods on behalf of the Provider and a description of the condition of the received goods with any defects of the received goods or other objections / comments of the Customer or the Provider. Customer, resp. the person acting on his behalf is obliged to sign the acceptance protocol, if he refuses to do so, the Provider is entitled to refuse to hand over the delivered goods due to failure of delivery (or refusal to take over the goods) by the Customer. The protocol remains with the Provider, at the request of the Customer, a copy of the protocol is prepared upon receipt of the goods, which is signed by both the Customer and the Provider (or persons acting on their behalf) and which is retained by the Customer.
4.5 Upon receipt of the goods, the Customer is obliged to check the condition of the delivered goods and to state any defects in the protocol according to point 4.4 of these GTC.
4.6 If the Customer fails to deliver the goods at the agreed place, the Provider may attempt to re-deliver the goods at the Customer’s expense or may store the goods for at least 7 days from the failure of the delivery. The Provider shall immediately notify the Customer of this choice by e-mail sent to the e-mail address. In the case of re-delivery, the Provider will announce the date and time of re-tutoring the goods, in case of storage the place of storage, storage time and time when the Customer can pick up the goods at the place of storage (when picking up the protocol according to point 4.4 of these GTC).
4.7 In the event that the Customer refuses to take over the ordered goods or otherwise frustrates the tutoring of these goods, the carrier shall mark this fact in the protocol according to point 4.4 of these GTC.
4.8 By taking over, unauthorized refusal or thwarting the takeover of the goods, the risk of damage to the goods passes to the Customer and, in the case of a Lease Agreement, to the commencement of the lease.
4.9 If the agreed delivery date of the goods is unsatisfactory for technical reasons, the Provider will immediately notify the Customer by e-mail sent to the e-mail address specified in the Order. If the Provider and the Customer do not agree on the delivery of goods within the replacement period, on the provision of other goods of the same quality and price, or on another alternative performance, or if the Customer does not withdraw from the Contract by then, within 24 hours before the originally agreed delivery date. the right to withdraw from the Agreement.
Price of goods and payment terms
5.1 The price of the goods is charged in accordance with the prices for individual types of goods according to the valid price list listed on the Website in Euro (€). The Provider reserves the right to unilaterally change the price list, the new version of which takes effect on the day of publication of this updated version on the Website. The price of the goods is and even after a possible later change of the price list remains determined in accordance with the price list valid and effective at the time of submission of the proposal for concluding the Contract by the Customer.
5.2 Prices for individual types of goods listed on the Website are set in accordance with Act. No. 18/1996 Coll. on prices as amended.
5.3 Unless otherwise stated on the Website, the prices for individual types of goods listed on the Website include shipping and packaging. This does not affect the Customer’s obligation to pay the costs of re-delivery of goods in accordance with clause 4.6 of these GTC.
5.4 The Customer is obliged to pay the Price of the goods in advance when sending the Order to the Provider, unless the Provider and the Customer agree otherwise in writing (by e-mail).
Obligations of the provider
6.1 The Provider is obliged to:
- deliver the correct type and quantity of goods at the set price, according to the Contract,
deliver the goods on time, according to the Contract,
- ensure that the delivered goods comply with the valid generally binding legal regulations of the Slovak Republic,
- hand over to the Customer at the latest together with the goods in written or electronic form all documents necessary for taking over and using the goods and other documents prescribed by valid generally binding legal regulations issue and enclose an invoice as a tax document with the shipment.
Obligations of the Customer
7.1 The customer is obliged to:
- take over the ordered goods,
- pay the set price of the goods for the ordered goods,
- confirm in the protocol according to point 4.4 of these GTC the receipt of the goods with your signature, resp. by the signature of the person taking over the goods on behalf of the Customer,
- check the integrity of the goods upon receipt and state the detected defects in the report according to point 4.4 of these GTC.
7.2 The Lessee is obliged to:
- use the leased goods in accordance with the purpose for which it is intended, either personally or in the case of the Lessee, which is the Entrepreneur, also through its authorized and technically and professionally competent employees,
- use the leased goods in accordance with the instructions for operation and maintenance, technical conditions and applicable standards of operation, when using the leased goods, comply with the relevant regulations on safety and health at work, hygienic regulations, regulations on environmental protection, regulations on fire protection and other generally binding legal regulations,
- not to use the subject of the lease outside the territory of the Slovak Republic without the prior written consent of the Provider,
- ensure that the leased goods and accessories are not damaged, destroyed or stolen and to this end take all effective measures, until the goods are physically handed over to the Provider,
- ensure that without the prior written consent of the Provider, the leased goods are not handed over to a third party or that the leased goods are not used otherwise than in accordance with the agreed conditions of the Lease Agreement,
- immediately notify the Provider in writing or by e-mail of theft, loss or damage (incurred on the leased goods or in connection with or as a result of the use of the leased goods), in case of theft notify the Provider of the Slovak Police immediately and deliver the written confirmation on filing a notice of theft of goods,
- return the leased goods on the spot and at the date (date) specified in the Contract (unless the Lessee and the Provider have agreed otherwise) at the time specified by the Provider in a clean and undamaged condition, or with reasonable wear,
- refrain from carrying out any changes or technical modifications to the leased goods without the prior written consent of the Lessor, while the Lessee may demand payment of the costs associated therewith only if the Provider has committed to such payment in writing,
- allow the Provider access to the leased goods at any time upon request for the purpose of carrying out inspections without undue delay,
- refrain from any action that would lead to a legal disposition of the leased goods,
- if it is the Entrepreneur, in case of loss or destruction of the leased goods to pay rent and late fee until the loss or destruction of the thing to the Provider in accordance with the Contract or until the Provider has otherwise become aware of it,
- if he is an Entrepreneur, to pay the Price of the goods in full even if the leased goods could not be used for rent due to defects or damage for which the Provider is not responsible or if such defects or damage occurred in a manner and for reasons for which the Lessee could or should have averted them or prevent their occurrence.
7.3 The term goods (or leased goods) in this article of the GTC also means a part of the goods, if it consists of several separate items.
Limitation of liability
8.1 Unless otherwise stated in the Contract, the Provider is liable in the scope of generally binding legal regulations, but is never liable for:
- for delayed delivery of the ordered goods caused by the influence of facts falling within the area of force majeure,
- any damage to persons and property resulting from the use of the rented or purchased goods.
8.2 The Provider is liable for damage caused by a breach of obligations under the Contract concluded with the Entrepreneur only up to the amount of the Price of goods under such Contract.
9.1 The Customer is obliged to pay the Provider a contractual penalty in the amount of the agreed Price of the Goods in the event that the Customer unjustifiably refuses to take over the ordered goods or otherwise frustrates the tutoring of these goods and an attempt at replacement delivery remains unsuccessful, or the storage period according to clause 4.6 of these GTC expires.
9.2 The Lessee is obliged to pay the Provider a contractual penalty
- in the amount of 3 times the total daily rent as part of the Price of goods for each and every day of breach of duty under point 7.2. d. of these GTC
- in the amount of 2 times the total daily rent as part of the price of goods for each and every day of breach of duty under point 7.2. f. of these GTC
- in the amount of the total daily rent as a part of the Price of goods for each and every day of the breach of duty according to point 7.2. i. of these GTC
- in the amount of 10% of the purchase price of the goods listed in the Provider’s price list on the day of concluding the Contract, if the Lessee violates the obligations under point 7.2. h. of these GTC and return in time undamaged but not clean goods and in the amount of 1.5 times the purchase price of goods listed in the Provider’s price list on the day of conclusion of the Contract, if the Lessee violates the obligations under point 7.2. h. of these GTC and will return the damaged goods in time or will not return the goods properly and in time at all (in case the breach concerns only one item or some items of the leased goods, the contractual penalty is calculated from the purchase price of this item or these items)
- in the amount of 10% of the purchase price of the goods listed in the Provider’s price list on the day of concluding the Contract for each and every day of breach of duty pursuant to point 7.2. g. of these GTC if it does not report damage to the goods and in the amount of 1.5 times the purchase price of goods listed in the Provider’s price list on the day of conclusion of the Contract, if the Lessee violates the obligations under point 7.2. g. these GTC and does not properly and timely report the loss or theft of goods or do not deliver a written confirmation of filing a notice of theft of goods (if the breach concerns only one item or some items of leased goods, the contractual penalty is calculated from the purchase price of this item, or these items)
- in the amount of 1.5 times the purchase price of the goods specified in the Provider’s price list on the day of concluding the Contract, if the Lessee violates the obligations under point 7.2. ch. or j. of these GTC (in the event that the breach of duty concerns only one item or some items of the leased goods, the contractual penalty is calculated from the purchase price of this item or these items)
9.3 The occurrence of the Provider’s right to a contractual penalty or the payment of a contractual penalty by the Lessee does not affect the Provider’s right to claim full compensation for damage caused by a breach of the Lessee’s obligation to which the contractual penalty applies.
Withdrawal from the Contract
10.1 The Customer and the Provider may withdraw from the Agreement if it is stated in the Agreement or if it is permitted by a generally binding legal regulation.
10.2 The Provider is entitled to withdraw from the Contract if the Customer refuses to take over the ordered goods or otherwise frustrates the tutoring of these goods and
- an attempt at replacement delivery remains unsuccessful, or
- the storage period according to clause 4.6 of these GTC expires.
10.3 The Provider is entitled to withdraw from the Lease Agreement if the Lessee violates the obligations under point 7.2. a. or b. of these GTC, even if only in relation to the part of the leased goods, if it consists of several items.
10.4 The Customer has the right to withdraw from the Contract if the Provider does not fulfill the order and does not deliver the goods within the agreed period.
10.5 The Consumer is entitled to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Lease Agreement or from the date of taking over the goods under the Purchase Agreement (if the goods ordered by the Consumer are delivered separately in one order as the last, or in the case of goods consisting of several parts or pieces, from the date of receipt of the last part or piece).
10.6 Withdrawal from the Contract must be made in writing or by e-mail. The Provider’s e-mail is considered to be e-mail: firstname.lastname@example.org, the Customer’s e-mail is considered to be the e-mail specified in the Order. For effective withdrawal from the Agreement, it is necessary to use both the e-mail address of the sender and the e-mail address of the recipient. In the case of a written withdrawal from the Contract in paper form, it is possible to send the withdrawal from the Contract to the address of the Provider: BOKSi s.r.o., with its registered office at Hlaváčikova 20, 841 05 Bratislava. To withdraw from the Contract, the Customer may, but is not obliged to, use the sample form for withdrawal from the Contract, which he will receive by e-mail, resp. download from the Website.
10.7 The period for withdrawal from the Contract by the Consumer is maintained if the Consumer sends a notice of the exercise of the right to withdraw from the Contract before the period for withdrawal from the Contract expires.
10.8 The Consumer may not withdraw from the Lease Agreement if the lease was started with the express consent of the Consumer and the Consumer stated that he was duly informed that by expressing this consent he loses the right to withdraw from the Lease Agreement and the period expired. rent. In the event of the Consumer’s withdrawal from the Lease Agreement during the lease period, the Consumer is not entitled to a refund of a reasonable part of the Goods Price for the lease period that elapsed before the withdrawal from the Lease Agreement.
10.9 Upon withdrawal from the Contract by the Consumer, the Provider will return all payments made by the Consumer in connection with the conclusion of the Contract, especially the Price of goods, including the cost of delivery of goods to the Consumer. as the cheapest common method of delivery offered by the Provider or re-delivery of goods according to clause 4.6 of these GTC). The Provider will return the payments without undue delay, no later than within 14 days from the date of delivery of the withdrawal from the Contract, resp. in case of withdrawal after delivery of the goods not before the goods are returned to the Provider or before the Provider is presented with a document proving the return of the goods (unless the Provider proposes to pick up the goods in person or through a person authorized by him), in the same way as used by the Consumer upon its payment (unless the Consumer has expressly agreed to another method of payment, without charging any additional fees).
10.10 Unless the Provider notifies the Customer that it will pick up the goods in respect of which the withdrawal from the Contract has taken place, or unless the Provider and the Customer agree otherwise, the Customer shall bear the costs of returning the goods to the Provider after withdrawing from the Contract.
11.1 The Customer may file a complaint in the protocol pursuant to clause 4.4 of these GTC, by e-mail to the Provider’s e-mail address email@example.com or in writing to BOKSi s.r.o., with its registered office at Hlaváčikova 20, 841 05 Bratislava.
11.2 The time limit for the application of defects is governed by generally binding legal regulations.
11.3 Within the complaint procedure, each complaint will be settled within 30 days from the receipt of the complaint at the latest.
11.4 In the case of a defect that can be rectified, the Consumer has the right to have it rectified free of charge, in a timely and proper manner, and the Provider is obliged to rectify the defect claimed by the Consumer without undue delay. The Consumer may, instead of remedying the defect, request a replacement of the goods or, if the defect concerns only some item from the goods or part of this item (thing), the replacement of the item or its part if the Provider does not incur disproportionate costs due to the price of the goods or the severity of the defect.
11.5 Instead of eliminating the defect, the Provider may always exchange the defective goods (item, part) for faultless ones, if the Customer is a Consumer, the Provider may do so only if this does not cause serious difficulties for the Customer.
11.6 In the case of a defect which cannot be remedied and which prevents the thing from being properly used as a thing without a defect, the Consumer has the right to exchange the thing or has the right to withdraw from the Contract. The same rights belong to the Consumer in the case of remediable defects, but if the Consumer is not able to use the thing properly due to the recurrence of the defect after repair or due to a larger number of defects. In the case of other irreparable defects, the Consumer is entitled to a reasonable discount on the price of the item.
Alternative dispute resolution
12.1 If the Customer, especially the Consumer, is not satisfied with the processing of his order or the Provider’s services, or with the handling of his complaint or if he believes that his rights have been violated, he may raise his objections and requests by e-mail. address firstname.lastname@example.org.
12.2 If the Provider responds to the Consumer’s request pursuant to clause 12.1 of these GTC or does not respond to it within 30 days from the date of its dispatch, the Consumer may submit a proposal to initiate alternative dispute resolution to the relevant ADR entity, i. Slovak Trade Inspection or an authorized legal entity pursuant to § 3 of Act no. 391/2015 Coll. on alternative dispute resolution for consumer disputes, as amended.
12.3 The Consumer may submit a proposal pursuant to clause 12.2 of these GTC in the manner specified pursuant to § 12 of Act no. 391/2015 Coll. An authorized legal entity as an ADR entity may require the Consumer to pay a fee for initiating an ADR of a maximum of € 5.00 (including VAT). The Consumer can also lodge a complaint through the Alternative Dispute Resolution Platform, at: http://ec.europa.eu/consumers/odr/.
13.1 These GTC come into force and effect on 01.06.2018.
13.2 These GTC take effect against the Customer on the day of concluding the Contract.
13.3 Unless expressly stated otherwise in the Contract, the Contract may be amended only on the basis of an agreement between the Customer and the Provider.