Terms and Conditions
1. General provisions
1.1. These terms and conditions govern the rights and obligations of the Parties entering into a service contract between the seller, Aquapark Poprad Ltd, of Športová 1397/1, 058 01 Poprad. ID: 36482609, registered in the Commercial Register of District Court Prešov, Div. Ltd., property no. 13805. VAT: SK 2020020486 (the “Seller”) and the purchaser who will be the final consumer of services ordered through the electronic shop of the seller (the “Purchaser”).
Contact details of the seller:
tel: +421/ 52/ 78 51 111
fax: +421/ 52/ 78 51 508
address: Športová 1397/1, 058 01 Poprad
1.2. The address and contact details of the seller stated above are the contact details for submission of any claims or complaints and other communications.
1.3. The Seller’s activities are monitored by the Slovak Trade Inspection – Inspectors SOI for Prešov, Konštantínova 6, 080 01 Prešov 1.
1.4. The Purchaser, by sending an electronic order to the seller, confirms that he/she accepts that these general business terms and conditions will apply to all contracts for services entered into via the e-shop website operated by the seller under which the seller supplies services to the purchaser (the “purchase agreement”) and to all relations between seller and purchaser arising from service and or complaints.
1.5. These General Terms and Conditions are an integral part of service contracts.
1.6. The information provided on the e-shop website operated by the seller is usually comprised of a catalogue of services but does not guarantee immediate availability. Availability of goods to the purchaser will be confirmed by e-mail on receipt of the purchaser’s order.
1.7. The seller is bound to the purchaser by any offer of services presented on the seller’s website, including prices, for a period of at least 24 hours from dispatch of an order confirmation notice.
2. The method of concluding a sales contract
2.1. The purchaser is bound by his order when an order form is completed and sent to the seller‘s website or, by way of a telephone order from purchaser to the seller (the “Order”).
2.2. The requested service(s) only become a binding contract on receipt by the seller of an email confirming the customer’s order (“order confirmation”). Any automated electronic response from the seller is only a receipt of the buyers request and is not a binding contract to supply goods or services.
2.3. On the basis of the service contract the seller will deliver a voucher entitling the purchaser to use the ordered services (“voucher”), by Slovak Post or by courier depending on the purchaser’s choice specified in the order.
3. Delivery conditions
3.1. The seller is obliged to provide services to the purchaser of the agreed quantity and quality at the specified time and deliver him a voucher for this purpose.
3.2. The Purchaser must accept the voucher for the services ordered and pay the agreed purchase price to the seller upon confirmation, including costs for the delivery of goods. He must also acknowledge receipt of the voucher by way of a personal signature or by the signature of an other authorized person. The purchaser will undertake not to harm the good business name of the seller in any way.
3.3. The purchaser is not obliged to make use of any of the services paid for and in case any are unused the purchaser is not entitled to a refund of the purchase price or replacement services or to receive same services at different time.
3.4. The seller must deliver the voucher to the purchaser within 10 days of receipt of payment of the purchase price for the ordered services.
3.5. The purchaser must accept delivery at the location specified in the order.
3.6. Each delivery will include an invoice complying with the requirement provided by law if requested.
4. Price of purchase
4.1. The purchase price of services will always be included in the e-shop website inculding VAT. The seller reserves the right to change the price of services at anytime. This does not affect the price of services for confirmed orders.
4.2. All payments from the purchaser to the seller shall be by way of bank transfer to the seller’s bank account through a payment portal which is part of an online store.
4.3. The payment date is the date when the full purchase price is credited to the seller.
5. Complaints procedures (liability for defects, warranty, claims)
5.1. The seller is liable for any defects in services and the purchaser is obliged to immediately inform and submit a claim to the seller under these General Terms and Conditions.
5.2. If any services or goods are not provided properly or are defective, the purchaser has the right to claim by completing a claim form and delivering it to the seller. The purchaser is also obliged to highlight the type and extent of the defects of the goods in the form.
5.3. The purchaser is also obliged to submit any such claim as in 5.2 above without delay and immediately after the services have been provided. In a case where the services have not been provided at all, then from the date when they should have been provided.
5.4. The commencement of the complaint procedure is the date of submission of the claim. On the date of receipt of the complaint from the purchaser, the seller shall issue proof of its receipt in an appropriate form.
5.5. Due to the nature of the services provided, the seller may either replace, offer alternative services, or discounts on the original purchase price. In cases where the problem cannot be solved in this way, then the purchaser is entitled to a full refund of the purchase price.
5.6. The seller is obliged to provide a written reply to the claim for defective services to the purchaser within 30 days from the date of submission.
5.7. The complaint refers only to defects stated in the original claim form.
6.1. The Seller processes the freely provided personal data of the buyer, namely the name, surname, address, email, phone number, since the processing of such personal data is necessary to fulfil the purchase contract between the buyer and the seller, and / or to handle the buyer’s request prior to the conclusion of the purchase contract relating to the seller’s goods and services and to fulfil the obligations of the seller imposed by the generally binding legal regulations. Processing of personal data by the seller shall be performed for the time as necessary to exercise the rights and obligations under the contract and the laws of generally binding legislation.
6.2.By ticking the box before submitting the order, the buyer can express his / her approval to send the information and special offers from the seller (newsletter). By ticking this box, the buyer, as the person concerned, grants freely and voluntarily to the seller, in accordance with the Personal Data Protection Act and the relevant EU legislation, their explicit consent to the processing of the email address provided for marketing purposes – sending a 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 is obliged to immediately notify the seller or update them directly in their user account.
6.4. Consent to the processing of personal data for marketing purposes (for sending newsletters) can be revoked by the buyer at any time by clicking on the link placed directly in each marketing email from the seller, by sending an email to the seller or personally at the seller’s headquarters.
6.5. In the event of outdated 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 buyer as the data subject are also regulated. The buyer 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 Buyer 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 buyer also has the right to data portability, i.e. has the right to obtain his / her personal data voluntarily provided to the seller in electronic form, in a structured, commonly used and readable format, and may use his / her right to transfer such data to the other operator if such transmission is technically possible on data portability).
6.6. If the buyer claims from the seller some of the rights of the data subject under personal data protection laws and the buyer’s request cannot verify the identity of the applicant or if the seller has reasonable doubts as to the identity of the person making the request, the seller reserves the right to request the person to provide additional information needed to certify the identity of the person applying the application.
6.7. As a person concerned, the buyer has the right to file a complaint with the Supervisory Authority, the Office for the Protection of Personal Data of the Slovak Republic, with the registered office at Hraničná 12, 820 07 Bratislava, suspecting that his / her personal data is being processed in violation with valid legislation.
6.8. The 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.
6.9. Buyer’s personal data may also be provided to another third party (receivers) if it is necessary to fulfil the purchase contract. As part of the processing of the order and the performance of the purchase contract, the purchaser’s data are, to the necessary extent, provided to the seller’s contractual service provider, for example logistics service provider, carrier, bank, etc. The data can be used by these service providers solely for the performance of the purchase agreement.
6.10. In the process of processing the buyer’s personal data for marketing purposes, the buyer’s data is to a necessary extent provided to the seller’s contractual services, and in particular to the marketing service provider. A 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.
7. Termination of contract (Order cancelation)
7.1. The purchaser may without cause terminate the contract within seven working days of the completion of the service contract (that is from the date of confirmation of the order by the seller) provided the seller has timely and properly complyed with his notification obligations.
7.2. If the seller has not fulfilled his notification obligations until after the event, then the purchaser is entitled to cancel the contract within seven working days after the seller has finally complied with the notification requirement, but not later than three months after the conclusion of service (from the date of confirmation of order by the seller).
7.3. If the seller completely fails to fulfill his notification obligations, then additionally, the buyer is entitled to cancel the contract within three months after the conclusion of service (from the date of confirmation of order by the seller).
7.4. On termination of the contract by the purchaser, the contract is cancelled. The seller is then obliged to discontinue providing services to the purchaser and no later than 15 days after the termination, the seller must return the full contract price paid for the service to the purchaser.
7.5. The purchaser may cancel the contract for the provision of services, even when the service meets with the approval of the buyer before the deadline for termnation. under paragraph 7.1. to 7.3.
7.6. The termination of the contract must be made in writing by the purchaser and delivered to the seller.
7.7. On termination of the contract the purchaser must return the appropriate voucher to the seller.
8. Final regulations
8.1. These terms and conditions come into force on 25.4.2016
8.2. The seller reserves the right to change these general business conditions subject to a written notice to that effect being placed on the his e-shop website.
8.3. In the case of regulations not governed by these general terms and conditions the relevant provisions of the Civil Code, Act no. 22/2004 Z.z. electronic commerce, Act no. 250/2007 Z.z. Consumer Protection and Act.108/2000 Z.z. Consumer Protection in Doorstep Selling and Distance Selling shall apply.
8.4. These terms and conditions shall take effect immediately the buyer receives an order confirmation.
8.5. On receipt of his order confirmation the purchaser confirms that he has read the following general terms and conditions and fully agrees with them.