General terms and conditions applicable to orders placed through the clubluc.sk e-shop for end customers (full text)

 

1/ General provisions

 

Supplier

The supplier of the products and services published in the clubluc.sk e-shop is the entity Kolomaž (association for contemporary art), o. z. with registered office:

Kolomaž (association for contemporary art), o. z.
M. Turkova 30
91101 Trenčín
ID No.: 36127884
VAT No.: 2021629181

(hereinafter referred to as “Seller”)

Operation and contact:
Club Lúč
Mierové námestie 17
91101 Trenčín

Tel: +421 903 027 910
E-mail: info(æt)klubluc.sk

Account number for non-cash payments:
Tatra Banka
IBAN: SK20 1100 0000 0026 2778 6210

The entity is not a registered VAT payer.

Buyer

The Buyer is a natural or legal person who has entered into a business relationship with the Seller as a subscriber (customer) of products and/or services from the Seller via the klubluc.sk e-shop. Buyer – consumer – a consumer is a natural person who purchases products or uses services for the direct personal consumption of natural persons, in particular for themselves and members of their household, and these do not serve them for the exercise of their employment, profession or business.
These General Terms and Conditions are the only valid and supersede all other terms and conditions except for prior express and written agreement. The Supplier may temporarily change some of the provisions in the General Terms and Conditions. For this reason, you must read the set general terms and conditions each time you visit the klubluc.sk shop (hereinafter referred to as the “shop”). These terms and conditions are valid from the moment they are posted on the site and do not apply to contracts concluded before that moment. Every purchase in our shop is subject to the general terms and conditions in force at the time. Please note that by confirming your order you unconditionally accept the general terms and conditions with which you have previously familiarised yourself. By accessing our site, you agree to abide by our general terms and conditions of sale and use.

2/ Order

To place an order, the buyer launches the klubluc.sk website.
As soon as the seller receives the order, the buyer will be informed by email. The purchase contract on the basis of which the sale of the goods by the Seller to the Buyer is carried out shall arise on the basis of a binding order confirmation. The order becomes binding after e-mail or telephone confirmation, after the buyer has previously sent an electronic order, and after receipt of payment to our account in the case of payment by bank transfer (confirmation of receipt of the order in the system is not considered a binding confirmation of the order). The contact necessary to confirm the order is generally made by the Seller after verification of the availability and delivery date of the requested goods. An order (or part thereof) confirmed by the Seller shall be deemed binding on both parties unless there is a breach of the terms and conditions agreed at the time of confirmation. The essential terms and conditions are mainly the content of the order (exact specification of the goods and their number), the price for the goods and transport, the method and date of delivery. The standard order processing time is 7 days, unless otherwise stated.

3/ Order cancellation

Cancellation of the order by the buyer

The Buyer has the right to cancel the order without giving any reason at any time before its binding confirmation. After the binding confirmation of the order only if the Seller fails to meet the agreed delivery conditions. In the event of cancellation of a confirmed order, the Buyer is obliged to pay the Seller for the damage caused by this action. The Seller shall be entitled to claim damages mainly in the case of the purchase of goods “to order”, which had to be procured at the customer’s request or in the event that demonstrable costs have already been incurred in connection with the securing of the goods. The cancellation fee may be up to 80% of the total price of the goods.

The buyer is entitled to withdraw from the contract without giving any reason within 7 working days from the date of receipt of the goods. The provisions in this section expressly do not apply to legal entities and natural persons – entrepreneurs as well as natural persons. In order to exercise this right, the consumer purchaser must return the goods in an absolutely intact condition, visibly undamaged and without signs of any unprofessional handling, in the original completely intact packaging and with all the supplied details, such as instructions, warranty card and complete accessories.

This right cannot be exercised in the case of goods such as books, newspapers, magazines and other periodicals, goods containing sound or video recordings (e.g. CDs, DVDs, audio and video cassettes ) or computer software (e.g. software), which the buyer has broken the so-called quality seal by inspecting these goods and it is therefore obvious at first sight that the goods in their original packaging have already been tampered with, goods made according to special requirements of the consumer or goods intended specifically for a single consumer or goods which, due to their characteristics, cannot be returned, as well as other goods (services) referred to in Section 8(5) of Act No. 108/2000 Coll. on Consumer Protection in Doorstep and Mail Order Sales, as amended. At the same time, the buyer must send the relevant goods within 7 working days from the date of receipt of the shipment. The shipment must contain a copy of the tax receipt, proof of payment and receipt of the goods. The refund applies only to the value of the goods in question, the costs associated with the return of the goods (e.g. transport and packaging of the goods) are borne by the buyer. The buyer – consumer shall exercise his right to withdraw from the contract in writing to the address of the Seller’s registered office specified in the header of these basic terms and conditions, by e-mail to info@klubluc.sk or in any other manner not giving rise to any doubt that the contract has been withdrawn from the contract.

Cancellation of the order by the seller

The Seller reserves the right to cancel the order or part of the order in the following cases:
● the order could not be confirmed (wrong phone number, unavailable, not responding to emails, etc.)
● the goods are no longer produced or delivered or the price of the supplier of the goods has changed significantly. If this situation occurs, the seller will contact the buyer immediately in order to agree on the next course of action. If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to the Buyer’s account or address within 15 calendar days.

4/ Prices and payment terms

Selling prices on the site are in EURO currency without VAT (the seller is not a VAT payer), excluding shipping charges. Shipping costs are automatically calculated for the buyer when the order is sent. By submitting an order to our system, the buyer confirms that he agrees to the shipping cost. We reserve the right to change our prices at any time, but we undertake to apply the prices shown on the site at the time of ordering.
The ordered goods can be paid for in the following ways:
● by bank transfer to the account (invoice) – you will receive an invoice to the e-mail address you entered during registration, which contains all the necessary data for payment of the order by bank transfer (variable symbol, account number, amount). The goods will be dispatched after the amount in question has been credited to the account.

5/ Availability of goods

The order is processed within the availability of the goods in stock. Goods that are not available in stock cannot be placed in the basket and their availability can be notified by e-mail on request. In the event that the information about the unavailability of any goods is for some reason not updated and therefore the goods can be placed in the basket and ordered, the Seller undertakes to inform by e-mail within 2 working days from the date of the order to notify the time in which the goods can be delivered or offer a replacement for the ordered goods.

6/ Delivery terms

Deliveries of the subject of performance (ordered goods) will be made according to the availability of products and operational possibilities of the Seller in the shortest possible time, usually within 1-21 working days from the binding confirmation of the order, in exceptional cases the delivery time may be longer, after agreement with the Buyer. The place of collection is determined on the basis of the Buyer’s order. Delivery of the object of performance to the specified place shall be deemed to be fulfilment of the delivery. The Seller shall arrange for delivery to the destination address. The shipment of the goods shall include a tax receipt, instructions for the use of the product and a warranty card, if applicable. In the case of non-personal collection of the goods (post), the date of sale is not included in the warranty card, as it is not obvious that the customer will take delivery of the goods. If the goods are received in order, please fill in the date of sale, corresponding to the sales receipt. In the event of a discrepancy between the date on the warranty card and the date on the bill of sale, any claim will not be accepted.

The delivery of goods is carried out in the Slovak Republic. The cost of transport of goods is differentiated according to the chosen method of delivery. The delivery period excludes public holidays and public holidays, for the duration of which the delivery period is extended accordingly. The agreed delivery period shall apply, unless unforeseen circumstances occur which are beyond the control of the parties, i.e. circumstances which exclude liability, such as any cases of force majeure, which make it impossible to comply with the delivery period. These circumstances also include armed conflicts, official interference and prohibitions, delays caused during transport or customs clearance, damage caused during transport, and only in the case of extraordinary circumstances. These enumerated circumstances shall entitle the seller to extend the delivery period. The Seller is obliged to inform the Buyer of these circumstances without delay.

The Seller shall be entitled to make and account for partial deliveries. In the case of successive orders, packing and postage shall only be charged on the first shipment. The Seller shall not be liable for any defects, damage to the goods that occurs after the goods have been handed over to the first carrier for transport to the Buyer. The Seller shall allow the Buyer to enforce the rights under the contract of carriage against the carrier. The cost of transport will be invoiced together with the goods. On receipt of the goods, the Buyer is obliged to check the integrity of the package. In case of damage, he is obliged to draw up a report with the carrier on the defects detected during transport. Acceptance of the damaged package is the responsibility of the buyer, claims on this account will not be recognized at a later date. If the buyer discovers damage caused by transport, which is manifested by other than external damage to the package, incompleteness of the delivery, or substitution of goods, he is obliged to make a claim immediately, but no later than three days after receipt of the shipment. Otherwise, the delivery shall be deemed to be complete and free from defects. Later claims due to incompleteness of contents, substitution of goods and damage during shipment will not be accepted. Other conditions are regulated in the Complaints Procedure.

Re-export of the object of delivery to a third party is subject to the written consent of the Seller. Such consent must be secured prior to entering into a contract with the third party. The Seller’s contractual partner also undertakes to transfer the obligation to agree to the re-export to the third party. In the event of non-receipt of the consignment within the specified period, an investigation is initiated on the part of the carrier, which may take several days. During this period, no refund can be made or the shipment cannot be reshipped.

7/ Liability for defects and claims

See. Complaints Policy.

8/ Privacy Policy

Read here the full text of the privacy policy in the clubluc.sk e-shop.

9/ Intellectual property

The entire content of klubluc.sk (illustrations, texts, titles, signs, photos, videos) are the property of Kolomaž (association for contemporary art), o. z. and its contractual partners. Any partial or total reproduction of this content in any way and on any medium requires prior and express permission. All information, recordings, files and programs offered by us are protected by international intellectual property and copyright law. Kolomaž (Association for Contemporary Art), Ltd. does not give the right to copy, display or distribute any content for which you do not have intellectual property rights. Any unauthorized use that damages the rights of content belonging to another person is considered a crime of counterfeiting, severely punished by the Intellectual Property Code.

These conditions enter into force on 13.02.2024.