Introduction
This document sets forth the general terms and conditions (hereinafter “GTC”) governing the use of our website www.thejerrycanbar.com and the purchase of items using this website. The GTC define the rights and obligations of the trader – MERCADER s.r.o., with its registered office at Jesenského 1668/32, 069 01 Snina, BIN: 45 525 692, TIN: 2023022342, registered in the Business Register of District Court Prešov, Section: Sro, File No. 22914/P, e-mail: info@thejerrycanbar.com, IBAN: SK73 7500 0000 0040 1114 5836, held at ČSOB Banka, a.s. (hereinafter “Trader”, “Provider”, or “We”) and the buyer (hereinafter “Client” or “Consumer”).
All contractual relations are concluded in accordance with Slovak law. If one of the contracting parties is a Consumer, relations not regulated by these GTC shall be governed by the Civil Code (Act No. 40/1964) and Act No. 102/2014 on consumer protection in distance selling. If one of the contracting parties is an entrepreneur or a legal person, relations not regulated otherwise shall be governed by the Commercial Code (Act No. 513/1991), as amended. The GTC may be amended by the Trader.
Please read these GTC carefully prior to using this website. By placing an order, you agree to be bound by these GTC. By purchasing a product from this website, you enter into a contract with us under these GTC.
Definitions
“Buyer” shall mean a visitor to this website that created an order via the e-shop.
“Consumer” shall be understood for the purposes of Act No. 102/2014, as a natural or legal person who does not purchase goods for the purpose of resale to other persons or for the purpose of conducting business activities or performing employment or occupation.
“Products” shall be understood as all goods or services on the e-shop pages.
Concluding a sales contract
To place an order, follow the online shopping procedure and click on “Confirm payment” to submit the order. Please note that your order implies an obligation to pay. You will receive an e-mail from us confirming receipt of your order (hereinafter “Order Confirmation”). You will be informed by e-mail that your order has been shipped (hereinafter “Shipping Confirmation”). A sales contract (hereinafter “Contract”) between you and us will only be concluded if you receive an Order Confirmation from us.
The Consumer shall have the right to cancel an order, i.e. withdraw their proposal to conclude a contract, without any penalty prior to the shipping of the order by the Trader. The Consumer shall be obliged to notify the Trader of this fact by e-mail. An order can be revised prior to the shipping of the goods.
Description of products and services
A detailed description and prices of services are available on the Trader’s website. The prices on the website are final and are confirmed in the Order Confirmation prior to payment.
All products sold on our website are handmade in Europe. However, they may contain parts from third countries. A bottle of alcohol and cigars are not included in a package.
Delivery terms
The place of delivery is the address the buyer specifies in the order.
Shipping costs are paid by buyer. All shipping prices are determined by actual pricelist of DHL company.
Goods are shipped by DHL, or its contract partners in country of buyer: https://www.dhl.sk.
Payment terms
All purchases may be paid using a secured payment gateway or by PayPal.
Rights and duties of the contracting parties
1. The Client shall be obliged to:
a) provide truthful and complete information when placing an order for services;
b) pay the price of the product.
2. The Client shall be entitled to receive the goods duly and timely according to the instructions given in ……;
3. The Trader shall be obliged to ensure the goods are delivered duly and timely;
4. The trader shall be entitled to receive full payment of the purchase price.
Privacy policy
The provider shall have, pursuant to the provisions of Act No. 122/2013 on Personal Data Protection and on amendments to certain acts (hereinafter “Act on Personal Data Protection”), the responsibility to legally protect the personal data of the Client and of the third persons designated by the Client in an order for the purpose of provision of the products.
Pursuant to Article 10, section 3, letter b) of Act No. 122/2013 on Personal Data Protection, when processing an order for the purpose of concluding a contract, the provider shall process the personal data of the Client without their consent as the concerned person, as the processing of the Client’s personal data is required for the performance of the contract in which the Client is one of the contracting parties. The provider shall process the following personal data: first name, surname, title, address, delivery address, phone number and e-mail address. Your personal information is confidential and will not be provided to any other entities, except DHL, the courier company which ships the product. Information about the rights of the concerned person:
The buyer shall be entitled to request an update or correction of their personal data at any time. The buyer shall also have the right to request information about personal data processing and processed personal data. The Provider hereby guarantees that they will not sell, rent, or otherwise disclose your personal details to a third party.
Liability for damages
The Provider shall not bear any liability for any indirect or subsequent damage suffered by the buyer or a loss of profit caused by the actions of third parties. The Provider shall not be liable for damage if the Client has provided incomplete or incorrect information.
Withdrawal from the contract
In accordance with the provisions of Act No. 102/2014 on consumer protection in distance selling, the Consumer shall have the right to withdraw from the contract without giving a reason for 14 days from receipt of the product (if the contract covers several types of products or the supply of several parts, the withdrawal period shall commence on the date the Consumer receives the last supply of products).
If a Consumer wishes to withdraw from the contract within 14 days, they must notify the Trader of their decision by e-mail (info@thejerrycanbar.com) or in writing to the following address: MERCADER s.r.o., Jesenského 1668/32, 069 01 Snina.
To withdraw from the contract, the Consumer may also use the model withdrawal form provided by the Trader, which constitutes an annex to these GTC.
If the Consumer withdraws from the contract, the Trader shall reimbursed all payments received from the Consumer without undue delay and in any event not later than 14 days from the day on which the Trader is informed of the Consumer’s decision to withdraw from the contract. The Trader shall carry out the reimbursement using the same means of payment as the Consumer used for the initial transaction. The Trader may withhold payment to the Consumer until the goods are returned.
The provisions of the act on withdrawal from the contract within 14 days, however, cannot be interpreted as a possibility for free rental of the goods. Should the Consumer exercise their right to withdraw from the contract within 14 days of receipt of the product, they shall be obliged to return to the Trader everything they received in relation to the contract (including accessories, warranty card, instructions for use, tax documentation, etc.) within 14 days of the withdrawal. If the goods are not returned in the original packaging, or if the goods or the packaging are damaged, the Trader shall be entitled to a payment of the costs to restore the goods to their original condition. In such a case, the trader shall be obliged to supply evidence of such damage. In such a case, the Trader shall be entitled to reduce the reimbursement by the amount of the damage.
Products subject to withdrawal shall be sent to the Trader’s address by registered post, not using the cash on delivery method. The Consumer shall bear the direct costs of returning the goods.
Information about online alternative dispute resolution
The Trader hereby also informs Consumers that under Act No. 391/2015 on alternative consumer dispute resolution and on amendments to certain acts, they may exercise all their rights and claims towards the Trader using the alternative online dispute resolution.
The Consumer may submit a proposal to resolve a dispute as specified by Article 12 of Act No. 391/2015 on alternative consumer dispute resolution and on amendments to certain acts, and electronically via the online dispute resolution platform (RSO) at: http://ec.europa.eu/consumers/odr/index_en.htm
A list of subjects for alternative dispute resolution is available here: http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s. The Consumer shall have the right to choose any of these consumer ADR subjects.
Proposals may also be submitted by e-mail to the Slovak Trade Inspection: ars@soi.sk.
Jurisdiction clause
Any dispute arising from or in relation to the use of this website or to the contract shall be subject to the exclusive jurisdiction of Slovak courts.
Supervisory authority:
The Slovak Trade Inspection, the Inspectorate of the Slovak Trade Inspection in Bratislava for the Bratislava region, Prievozská 322, P.O. Box 5, 820 07 Bratislava 27, the Technical Product Control and Consumer Protection Department and the Legal Department.
Final provisions
These GTC shall be effective as of 8 June 2017. We reserve the right to amend these GTC without prior notic