1.1 These General Terms and Conditions govern the rights and obligations of the parties arising out of a service contract concluded between the seller, AQUAPARK Poprad, sro, registered office: Športová 1397/1, 058 01 Poprad, IČO: 36 482 609, registered in the Commercial Register of the District Court Prešov, sek. sro, No. 13805, VAT No.: SK 2020020486 (hereinafter referred to as the “Seller”) and the buyer who is the end user of the ordering service through the Seller’s e-shop (hereinafter referred to as the “Buyer”). Contact details of the seller:
E-mail: firstname.lastname@example.org Tel: +421 52 7851 111 Address: Športová 1397/1, 058 01 Poprad
1.2 The address and contact details of Seller mentioned in the previous paragraph are contact details of Seller for the purpose of filing complaints as well as other communication with Seller.
1.3 Seller’s activity is subject to the supervision of the Slovak Trade Inspection Authority – SOI Inspectorate for the Prešov Region, Konštantínova 6, 080 01 Prešov 1.
1.4 Every consumer (Buyer) has the right to apply in order to protect their consumer rights under a service contract concluded under these General Terms and Conditions for the ADR entity, the possibility of appealing to the court is not affected. If the Buyer is not satisfied with Seller’s handling of their claim or believes that Seller has breached their rights, they have the right to contact Seller to request corrective action. If Seller replies to the Buyer’s request in a negative answer or fails to respond within 30 (thirty) days of the date of dispatch, the Buyer has the right to file an alternative dispute solution to the alternative dispute resolution entity under Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes. The relevant subjects for alternative dispute resolution of consumer disputes with Seller are: the Slovak Trade Inspection or other relevant legal entities registered in the list of alternative dispute resolution entities maintained by the Ministry of Economic Affairs of the Slovak Republic. The Buyer has the right to choose which one of these alternative dispute resolution entities to address.
1.5 The Buyer can also submit a proposal to launch an alternative dispute resolution through the Alternative Dispute Resolution Platform, available online at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2 .Show & lng = EN
1.6 The Buyer by submitting an electronic order to Seller confirms that they agrees that these General Terms and Conditions and their provisions will apply to any service contract concluded on the e-shop website operated by Seller under which the Seller delivers the services presented on the Website to the Buyer (the “Purchase Agreement”) and to all relations between Seller and the Buyer resulting from a concluded service contract and service claims.
1.7 The General Terms and Conditions are an integral part of the Service Contract.
1.8 The offer of services on the e-shop website operated by Seller is a catalogue of commonly supplied services and Seller does not guarantee the immediate availability of all the services mentioned. The availability of the goods will be confirmed to the Buyer by e-mail message confirming receipt of the Buyer’s order.
1.9 Seller is bound to the Buyer by his / her service offer presented on Seller’s website, including the price, for a minimum of 24 hours after sending notice of receipt of the order to the Buyer.
- Way of concluding the purchase agreement
2.1 The Buyer undertakes to order the services in the form of the Buyer’s filled-in and sent form on Seller’s website and / or in the form of the Buyer’s telephone order to Seller (the “order”)
2.2 The service contract is concluded by the binding acceptance of the order by Seller in the form of an e-mail message confirming receipt of the Buyer’s order (hereinafter referred to as “order confirmation”). An automatic notification of receipt of an order to Seller’s electronic system is not considered to be a binding acceptance of the order.
2.3 On the basis of a concluded service contract, Seller shall give the Buyer a voucher entitling the Buyer to use the ordered services (hereinafter referred to as the “voucher”) through Slovak Post, a.s. or courier service at the Buyer’s choice in the order.
- Terms of Delivery
3.1 Seller is obliged to provide the Buyer with the service in the agreed quantity, quality and time and deliver a voucher for that purpose.
3.2 The Buyer is obligated to accept the voucher for the ordered services, to pay Seller the negotiated purchase price within the agreed due date, including the delivery costs of the goods, not to damage Seller’s good business name, to confirm receipt of the voucher by their signature or by the signature of the person authorised to do so.
3.3 The Buyer is not obliged to use the services, but in the event of their non-use, they are not entitled to a refund of the purchase price or the provision of substitute services or the same services on another date.
3.4 Seller is obliged to deliver the voucher within 10 days of payment of the purchase price for the services ordered.
3.5 The Buyer is obliged to accept the goods at the location that is specified in the order.
3.6 With each order will be attached upon request a tax document confirming legal requirements.
- Purchase price
4.1 The purchase price of services is always mentioned on the e-shop website including VAT. Seller reserves the right to change service prices at any time. This does not affect the price of services according to the already confirmed orders.
4.2 The Buyer is obliged to pay Seller the purchase price of the services specified in the order, including delivery costs (hereinafter referred to as “the purchase price”), by means of a non-cash transfer to Seller’s bank account through the payment portal which is part of the internet shop.
4.3 The day of payment is considered the day when the entire purchase price was credited to Seller’s account.
- Complaint procedure (liability for defects, warranty, complaints)
5.1 Seller is responsible for defects in the services and the Buyer is obliged to apply the claim immediately to Seller under these general terms and conditions.
5.2 If the services were not properly delivered or show defects, the Buyer has the right to file a claim at the vendor’s office by filling out the claim form and delivering it to Seller. The Buyer is obligated to indicate on the form exactly the type and extent of the defects of the goods.
5.3 The Buyer is obliged to claim the defects of services from Seller without undue delay after they have been given and if not provided at all, from the date when it should have provided.
5.4 The commencement of the claim is also the date of the claim.
5.5 Seller shall issue proof of receipt of the claim in the appropriate form chosen by Seller on the date of receipt of the claim.
5.6 Due to the nature of the services provided by Seller, complains of defective services will be removed by providing replacement services or a discount on the purchase price. In cases where removal of a service defect cannot be eliminated by providing replacement services or a discount on the purchase price, the Buyer is entitled to a refund of the purchase price
5.7 Seller is obliged to issue a written complaint document to the Buyer within 30 days from the date of the claim.
5.8 The complaint applies only to defects listed on the form for complaints.
- Personal data protection
6.1 Seller processes the freely given personal data of the Buyer, namely their name, surname, address, email, phone number, because the processing of such personal data is necessary for the performance of the purchase contract between the Buyer and Seller and / or for the purchase of the Buyer’s request before closing purchase contracts relating to Seller’s goods and services, and to fulfil the obligations of Seller imposed by generally binding legislation. The processing of personal data by Seller is performed for the time necessary to exercise the rights and obligations arising from the contract and from generally binding legal regulations.
6.2 By checking the box before submitting an order, the Buyer can show his / her agreement to send newsletters and special offers to Seller (newsletter). By ticking this box, the Buyer as the person concerned freely and voluntarily grants to Seller, in accordance with the Privacy Act and the relevant EU legislation, their explicit consent to the processing of the e-mail address provided for marketing purposes – sending the newsletter via e-mail. This consent to the processing of personal data is granted by the Buyer for a period of 5 years.
6.3 The Buyer is responsible for the completeness, veracity and accuracy of the personal data provided. In the event of a change in the personal data provided, the Buyer shall promptly notify Seller of the change or update them directly in their user account.
6.4 The Buyer may revoke this consent to the processing of personal data for marketing purposes at any time by clicking on the link located directly in each marketing email from Seller, by sending an email to Seller, or personally at the registered office of Seller.
6.5 In the case of out-of-date personal data provided the revocation of consent to the processing of personal data, the fulfilment of the purpose or the period for which consent has been granted for the processing of personal data or if storing for any legitimate reasons is inadmissible, personal data stored will be deleted.
6.6 Personal data protection is governed by the regulations of the Personal Data Protection Act and the relevant EU legislation where the rights of the person concerned as the data subject are also regulated. The person concerned has the right to request information regarding the processing of the stored data. Subject to compliance with the requirements of generally binding legal regulations, the person concerned shall at the same time (i) have the right to access his or her personal data, (ii) the right to correct incorrect personal data, (iii) the right to restrict (block), the right to object to the processing of their personal data for the purposes of direct marketing, (v) the right to deletion of personal data, in particular where they are no longer necessary for the purposes of which they were obtained or otherwise processed, or revoked their consent to processing, or if no other legal basis for processing, or if personal data were processed unlawfully. Also, if the specified conditions are met, the person concerned also has the right to data portability, i.e. has the right to obtain his / her personal data voluntarily provided to the company in electronic form, in a structured, commonly used, and readable format, and may use his / her right to transfer such data to another operator if such transmission is technically possible on data portability).
6.7 If the Buyer claims from Seller some of the rights of the data subject under the personal data protection laws and from the application of the Buyer cannot verify the identity of the applicant or if Seller has reasonable doubts as to the identity of the person making the request, Seller reserves the right to request the person to provide additional information needed to certify the identity of the person applying for the application.
6.8 As a person concerned, you have the right to file a complaint with the Supervisory Authority, the Office for the Protection of Personal Data of the Slovak Republic, with registered office at Hraničná 12, 820 07 Bratislava, suspecting that his / her personal data is being processed in violation with valid legislation.
6.9 Seller declares that personal data is only processed for the above purposes and in accordance with the Personal Data Protection Act and relevant EU legislation, using appropriate technical, organisational and security measures.
6.10 The Buyer’s personal information may also be provided to another third party (s) if it is necessary to fulfil the purchase contract. In order to process an order and fulfil a purchase contract, the Buyer’s data is, to the extent necessary, provided by Seller for example to contractual service provider, logistics service provider, carrier, bank, etc. The data may be used by these service providers solely for the purpose of fulfilling the purchase contract.
6.11 When processing the Buyer’s personal data for marketing purposes, the Buyer’s data is, to the extent necessary, provided by Seller’s contractual service provider, in particular to the marketing service provider. The Buyer’s personal data may be used by these vendor’s services solely for the purpose for which the buyer has given the seller consent.
- Withdrawal from the contract (Cancellation of Purchase Order)
7.1 The provisions of this Article on the right of withdrawal do not apply to the following services: the provision of accommodation services for purposes other than housing, provision of catering services or provision of services related to leisure activities provided these services are to be provided at an agreed time; or within the agreed timeframe. The consumer in these cases (when Seller has confirmed the order of accommodation, meals and other specified services for a specific date) can not withdraw from the contract. Cancellations of service orders in these cases are only possible under the conditions specified by Seller.
7.2 In the case of the provision of services other than those referred to in the preceding paragraph, the Buyer is entitled to withdraw from the contract within 14 (fourteen) days from the date of conclusion of the Service Agreement (i.e. from the date of confirmation of the order by Seller), unless Seller has done so in a timely and proper manner their information duties.
7.3 If Seller have fulfilled their information obligations only afterwards, the Buyer has the right to withdraw from the contract within 14 (fourteen) days of the date when Seller additionally fulfilled the information obligations and if Seller has not fulfilled their information obligations, the withdrawal period expires after 12 months and 14 days from the date of conclusion of the service contract (i.e. from the date of confirmation of the order by Seller).
7.4 By the Buyers withdrawing from the contract, the contract is cancelled from the beginning. Seller is obliged not to continue the service and return the price paid for the service to the Buyer no later than 15 days from the date of withdrawal.
7.5 The Buyer can not withdraw from a contract for the provision of a service if the service has begun to be performed with the consent of the Buyer prior to the expiration of the withdrawal period under paragraphs 7.2. to 7.3. and full service has already taken place.
7.6 The Buyer acknowledges that, if they agrees to commence the performance of the service before the expiry of the withdrawal period under paragraphs 7.2. to 7.3, expressing such consent loses the right to withdraw from the contract after full service.
7.7 The Buyer must withdraw from the contract in writing and deliver it to Seller.
7.8 Together with the withdrawal, the Buyer is obliged to return the voucher to Seller. If the Buyer withdraws from the Service Agreement and has given explicit consent prior to the commencement of service provision in accordance with paragraph 7.6, the Buyer shall only reimburse Seller for the actual performance provided by the date of delivery of the notice of withdrawal.
7.9 Details of the method and form of withdrawal includes consumer advice and example of withdrawal, shall be provided with every purchase.
- Final provisions
8.1 These General Terms and Conditions become effective on the day 1.3.2019
8.2 Seller reserves the right to change these general terms and conditions. The obligation to notify in writing changes to these General Terms and Conditions is met by placing on Seller’s e-shop website.
8.3 Relationships not governed by these general terms and conditions are governed by the relevant provisions of the Civil Code, 22/2004 C.L. on electronic commerce, as amended, Act No. 250/2007 C.L. about Consumer Protection as amended and Act No. 102/2014 C.L. on the protection of the consumer in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the premises of Seller as amended.
8.4 These General Terms and Conditions become effective towards the Buyer at the moment of the order confirmation.
8.5 By confirming the order, the Buyer confirms that they have read and agrees to these General Terms and Conditions.