SOMstore General Business Terms and Conditions

These General BusinessTerms and Conditions (hereinafter referred to as the “GBTC“) govern the rights and obligations of the Clients and the seller, which arise from or are related to distance selling carried out by Smart City s. r. o. (Ltd.), with its registered office at Mlynské Nivy 16, 821 09 Bratislava, Slovak Republic, Reg. No. (IČO): 47 243 091, legal form: limited liability company registered in the Commercial Register of the District Court in Bratislava I, Section: Sro, File no.: 85105/B (hereinafter referred to as “SOMstore” or the “Company“), e-mail: som@somstore.sk; tel. no.: +421 903 982 448 (hereinafter referred to as the “Company“) via the website www.somstore.sk .

Definition of terms:

Membership
A set of rights and obligations of the Client, which the Client obtains by registering on the Website.

Form
Form for withdrawal from the contract concluded in accordance with Act No. 102/2014 Coll. on Consumer Protection on the Sale of Goods or Provision of Services based on Distance Contracts and Off-Premises Contract, as amended. The wording of the Form constitutes Annex No. 2 to the GBTC.

Client
The Consumer or Entrepreneur using the Website (including using the Website without registration).

Unforeseeable Event
An event the occurrence, course and end of which cannot be objectively influenced by the Client or the Company and is unavoidable. Such events include, in particular, strikes, lockouts, labour disputes, force majeure, terrorist acts, riots, intentional damage, abuse on the basis of an order (regulations, directives) of law or government, destruction of business, fire, flood, storm and other circumstances affecting the Contractual Relationship.

Commercial Code
Act No. 513/1991 Coll. – Commercial Code, as amended.

Civil Code
Act No. 40/1964 Coll. – CivilCode, as amended.

Entrepreneur
A person who uses the Website and is not the Consumer or the Company and who acts within the scope of his business activities when concluding and performing the purchase contract according to these GBTC.

Complaints Procedure
The Complaints Procedure issued by the Company for the Contractual Relationship. The wording of the Complaints Procedure constitutes Annex No. 1 to the GBTC.

Consumer
A natural person who uses the Website and does not act within the subject of his business activity when concluding and performing the purchase contract according to these GBTC.

Goods
A material thing offered by the Company to the Client for sale through the Website.

Website
Website of the Company www.somstore.sk.

Contractual Relationship
A contractual relationship between the Client and the Company, which was established through the Website as a means of remote communication by purchasing the Goods by the Client on the basis of the Purchase Contract (as defined in par. 2.1 of the GBTC).

1. General Terms of Use of the Website

1.1 Registration

1.1.1 Registration is not required in order to use the Website. If the Client decides to register on the Website, Client’s Membership will be created by registration.

1.1.2 The Client is obliged to provide the following information during registration:

a) E-mail address;
b) First name and surname of the Client; (in the case of the Client who is an Entrepreneur, business name, identification number of the organization, tax identification number and identification number for value added tax, if the Client is registered for value added tax);
c) Any password containing at least 6 characters;
d) The address of Client‘s permanent residence; (in the case of a Client who is an Entrepreneur, registered office or place of business); and
e) Telephone number.

1.1.3 The Client is obliged to provide correct and complete data during registration. If the Client does not provide correct or complete data, the Company is entitled to cancel his or her Membership. The Client is responsible for the accuracy and completeness of the data for the entire duration of his or her Membership. In the event of any change in the data, the Client is always obliged to inform the Company of this fact without undue delay or to update the data in his or her account.

1.1.4 All registrations are subject to inspection by the Company, which is entitled to inspect and assess whether the registered Client meets the conditions of use of the Website defined in these GBTC.

1.2. Membership

1.2.1 After creating a user account, the Client will receive an activation e-mail to the e-mail address provided by the Client when creating the user account. After creating a user account and meeting the conditions in accordance with these GBTC, the Client is entitled to use the services associated with Membership (“Services”). The Client who does not meet the conditions set out in these GBTC, regardless of whether he or she does not meet them at the time of creating a user account or afterwards, is not entitled to use the Services.

1.2.2 Membership is linked exclusively to a specific Client and the Client is not entitled to transfer or assign it to other persons.

1.2.3 The Client undertakes not to provide access data to his or her account to other persons. The Client undertakes to take all necessary steps to protect such data.

1.2.4 If a registered Client violates any obligation arising from the present GBTC, the Company is entitled to cancel his or her Membership and prohibit the Client from using the Website. The Client and the Company are entitled (each of them separately) to cancel the Membership without giving any reason whatsoever, with immediate effect.

1.2.5 Access to and use of the client section on the Website is secured through a combination of username and password and is accessible only to the Client and the Company. The Client is solely responsible for his or her username and password and is obliged to inform the Company without undue delay of any suspected breach of security (e.g., through unauthorized use of the username and password).

1.2.6 The Client acknowledges that during the provision of the Services, there may be outages, temporary restrictions, interruptions or reductions in the quality of the Services.

1.2.7 Membership shall terminate upon:

a) Voluntary cancellation of the Membership by the Client,
b) Cancellation of the Membership by the Company (the Company shall inform the Client of this fact without undue delay),
c) Death of the Client (or termination of the Client without a legal representative, if the Client is a legal entity) or termination of the Company without a legal successor,
d) The moment when the Website is cancelled by the Company.

1.2.8 In the event of voluntary cancellation of the Membership by the Client, it is effective upon delivery of the relevant written application of the Client to the Company. If the Client applies for the cancellation of the Membership through the Website, the cancellation of the Membership is effective at the moment of processing the relevant application by the Website.

1.2.9 The Client may not engage in activities aimed at disabling or restricting the operation of the Website or perform other attacks on this server, nor may he or she assist a third party in such activities. The Client may not burden the Website by automated requests. The Client is not entitled to use mechanisms, software or other procedures when using the Website that have or could have an adverse impact on the operation of the Website.

1.2.10 The Client acknowledges that without the prior written consent of the Company the Client is not entitled to use texts, graphic works or other objects protected by copyright or other intellectual property rights contained on the Website.

1.2.11 Any contributions (including reviews of the Goods) express the views of the Client and do not express the views of the Company. The Company is not responsible for the veracity of the information contained in the contributions and is entitled to remove any contribution of the Client, also without giving any reasons whatsoever.

2. General Terms and Conditions For Sale of Goods via the Website

2.1 If the Client orders certain Goods via the Website, at the moment of creating the order the Client will conclude a purchase contract with the Company according to the provisions of Article 588 et seq. of the Civil Code (this applies in the case of the Consumer), or according to the provisions of Article 409 et seq. of the Civil Code (this applies only in the case of the Entrepreneur). The subject of the contract shall be in particular the obligation of the Company to hand over the Goods specified in the order to the Client and the Client‘s obligation to pay the Company the agreed purchase price for the Goods as well as other rights and obligations of the Client and the Company as specified in the order and the GBTC effective at the time when the Order is sent (hereinafter referred to as the “Purchase Contract”).

2.2 Each order of Goods placed by the Client includes the Client‘s obligation to pay the purchase price of the Goods stated on the Website at the time of creating the order. The obligation to pay the price of the Goods arises at the moment of creating the order by the Client. The order is deemed to have been created at the time of confirmation of the “Order with payment obligation” button on the Website.

2.3 The Purchase Contract concluded between the Client and the Company is binding only on the parties to the Purchase Contract and does not create any rights or obligations of any third party, including suppliers of the Company or other persons cooperating with the Company.

2.4 Change of the type, quantity and/or price of the Goods specified in the Purchase Contract is possible only on the basis of a written agreement (including e-mail communication) of the parties to the Purchase Contract.

2.5 The sale of the Goods takes place only through the Website. Due to this fact, it is not possible for the Client to personally take over the Goods directly from the Company. Based on each Purchase Contract, the Goods are delivered to the Client through a third party, to the place specified by the Client in the Purchase Contract (the place of delivery specified by the Client in the order).

2.6 Any information concerning the time of delivery of the Goods stated on the Website is only indicative. The Company undertakes to ensure the delivery of the Goods to the Client no later than 30 days from the date of creation of the order, while the delivery of the Goods may take place at any time during such a delivery period. The Company or a third party authorized by the Company to deliver the goods, shall inform the Client in advance of the specific delivery date, using the Client’s contact details specified in the Client‘s order. The Client is obliged to take over the Goods on the day of delivery announced according to the previous sentence. The Client shall acquire ownership rights to the Goods only by paying the purchase price in full.

2.7 All prices and fees specified on the Website are inclusive of VAT and in euros (EUR), unless otherwise specified.

2.8 In addition to the Purchase Price of the Goods, the Company is entitled to demand payment of all expedient costs associated with the sale or costs associated with the transfer of the Goods to the Client to the place of delivery (“Postal Expenses”). The Client shall be informed on the amount and type of costs incurred in this way before concluding the Purchase Contract.

2.9 The Company shall issue an invoice to the Client for payment of the purchase price of the Goods and the Postal Expenses. The invoice shall be delivered to the Client at the latest at the same time as the Goods. The Client hereby expressly agrees that electronic invoices (including any attachments thereof) are to be effected on him or her in accordance with Article 71 par. 1 b) of Act No. 222/2004 Coll. on value added tax, as amended, to the Client‘s e-mail specified in the Purchase Contract. The day of delivery of an electronic invoice is considered to be the day of sending an electronic invoice to the Client‘s e-mail specified in the Purchase Contract.

2.10 The Client is obliged to pay the price of the Goods in one of the following ways, while the Client is free to choose the method of payment, which shall be marked by the Client when making an order (such a method thus marked is considered binding):

a) The payment gateway provided on the Website,
b) Payment card upon receipt of the Goods (i.e. cash on delivery); in the event of withdrawal from the Purchase Contract pursuant to par. 4 of these GBTC, the payment will be returned by bank transfer. For this purpose, the Company shall request from the Client information about Client‘s bank account (IBAN and SWIFT), which the Client is obliged to provide without undue delay (for the purpose of refunding money), or
c) In any other manner permitted by applicable law.

2.11 The Company is entitled to cancel the Client‘s order (i.e. withdraw from the Purchase Contract) if the Company is for any reason unable to deliver the Goods to the Client. The Company is obliged to inform the Client on the cancellation of the order without undue delay after the cancellation of the order. If the Client has paid the price of the ordered Goods, the Company is obliged to refund all received funds to the Client to the bank account specified by the Client within 5 business days from the Client‘s specification of the bank account, unless the Company agrees otherwise with the Client.

3. Protection of Personal Data and Use of Cookies

3.1 The Company processes personal data of the Client and other natural persons. The Company processes cookies. More information on personal data protection and cookie processing is available at somstore.sk/sk/gdpr.

4. Withdrawal from the Purchase Contract and Complaints

4.1 Defects of Goods and Claims

4.1.1 All rights and obligations of the Client and the Company with respect to defects of the Goods are regulated by the relevant legal regulations of the Slovak Republic and the Complaints Procedure.

4.2 Right to Withdraw from the Purchase Contract

4.2.1 Except as provided in paragraph 4.2.6, all provisions stated in this Article 4.2 of the GBTC shall apply only to the Purchase Contract concluded between the Company and the Consumer.

4.2.2 The Client has the right to withdraw from the Contract concluded with the Company, the subject of which is the purchase of the Goods through the Website, within 14 days of the takeover of the Goods by the Client, even without giving any reason whatsoever. The Client may withdraw from the Purchase Contract even before the lapse of the period for withdrawal from the Purchase Contract according to the previous sentence of this paragraph of the GBTC.

4.2.3 If the Client exercises the right to withdraw from the Purchase Contract, the Client is obliged to do so by an unambiguous written statement sent to the Company to the Company‘s registered office or another clear expression of will addressed to the Company in the form of a record on another durable medium (e.g., e-mail). If the Contract was concluded orally, any clearly formulated statement by the Consumer expressing his or her willingness to withdraw from the Contract is sufficient to exercise the consumer right to withdraw from the Contract. The Client may use the Form for this purpose or may choose any other appropriate and demonstrable form.

4.2.4 The Client shall comply with the period for withdrawal from the Purchase Contract if the Client sends his or her express statement on the exercise of the right to withdraw before the period for withdrawal from the Contract expires.

4.2.5 The Client acknowledges, in particular, that according to Article 7 par. 6 of Act No. 102/2014 Coll. on Consumer Protection on the Sale of Goods or Provision of Services based on Distance Contracts and Off-Premises Contract, as amended, the Client may not withdraw from the Purchase Contract, the subject-matter of which is the sale of Goods made in accordance with the Client‘s requirements, Goods made to measure, Goods intended specifically for one Client, and Goods sealed in protective packaging which are not suitable for return due to health protection or hygiene reasons, and the protective packaging of which has been broken after supply.

4.2.6 The right of the Client who is an Entrepreneur, to withdraw from the Purchase Contract is governed by the relevant provisions of the Commercial Code, to the exclusion of the application of Articles 345 – 350 and Article 351 par. 2 the first sentence, the text after the semicolon and the second sentence of the Commercial Code, unless the Company and the Client who is an Entrepreneur, agree otherwise.

4.3 Consequences of Withdrawal from the Purchase Contract

4.3.1 After withdrawing from the Purchase Contract, the Company shall refund to the Client all payments made in connection with the conclusion of the Purchase Contract subject to the conditions specified in the GBTC.

4.3.2 Payments shall be refunded in the same way as they were made, unless the Client has expressly agreed to another method of payment, without charging any additional fees. The Company is not obliged to refund a payment to the Client before the relevant Goods are returned to the Company.

4.3.3 The Client shall bear all costs incurred by the Client in connection with the obligation to return the Goods to the Company after withdrawal from the Purchase Contract by the Client. The Client is not entitled to demand from the Company the reimbursement of costs or compensation for damage incurred by the Client in connection with the return of Goods to the Company according to the previous sentence of this paragraph of the GBTC.

5. Alternative Dispute Resolution

5.1 All provisions stated in this Article 5 of the GBTC shall apply only to the Purchase Contract concluded between the Company and the Consumer.

5.2 The Client has the right to file a motion to initiate an alternative dispute resolution in accordance with Act No. 391/2015 Coll. on alternative consumer dispute resolution and on amendments to certain acts, as amended.

5.3 The Client has the right to contact the Company to seek redress, if the Client is not satisfied with the way in which the Company handled any Client‘s complaint or if the Client believes that the Company has violated his or her rights.

5.4 The Client has the right to file a motion to initiate an alternative dispute resolution of an ADR entity if the Company rejected Client‘s request according to the previous paragraph or failed to respond to it within 30 days from the date of sending the request.

5.5 The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

5.6 The Client may also lodge a complaint electronically via the website of the European Commission https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

6. Unforeseeable Events

6.1 The Company shall have no liability to the Client or third parties if the sale or delivery of the Goods is delayed or refused due to Unforeseeable Events. In such a case, the Company shall inform the Client of the occurrence of an Unforeseeable Event and proceed with the sale and delivery of the Goods immediately after it is reasonably possible.

7. Communication

7.1 Delivery of the Goods shall be carried out only through third parties, which are courier companies providing services in the Slovak Republic and Slovenská pošta, a.s (JSC). The Company shall not be held liable for any damage caused by a third party when delivering the Goods to the Client.

7.2 Communication between the Client and the Company shall be in writing and all documents shall be delivered:

a) In person,
b) By registered post, or
c) Electronically to the e-mail address of:
(i) the Client specified during registration or ordering,
(ii) the Company: som@somstore.sk .

7.3 When sending documents by post, they shall be delivered to the addresses of the Client or the Company‘s postal contact.

7.4 The address of the postal contact and the e-mail address of the Client may be changed by a written notice delivered to the Company or by a change in the account. The address of the postal contact and the e-mail address of the Company may be changed by a written notice delivered to the Client or by a notice on the Website.

7.5 Any communication shall be deemed to have been delivered on the day of:

a) Personal service of a document,
b) Its acceptance or the date of refusal to accept in the case of a postal item or the last day of the storage period with the postal service provider (Slovenská pošta, a.s. (JSC),
c) On the next business day after the day when an e-mail was sent.

7.6 If the Client or the Company fails to pick up a document stored with the postal service provider or another authority that is obliged to store the document within a storage period or in case of any doubts about delivery, such a document shall be deemed to have been delivered on the last day of the storage period with the postal service provider or another authority.

7.7 In the case of storage of a document with a postal service provider, a legally binding presumption shall apply, according to which such a document is deemed to have been delivered to a party on the third day after the document was stored with the postal service provider if it cannot be delivered due to the fact that the addressee does not exist.

7.8 The Company is not liable for any damage or incompleteness of data caused by a failure during delivery via the Internet, for any damage caused due to poor Internet connection or for any damage caused by any inability of the Client to connect to the Internet.

8. Liability

8.1 Spoločnosť nepreberá žiadnu zodpovednosť za straty vzniknuté v súvislosti s nedostupnosťou Webstránky, telefónneho čísla alebo emailu, za neúspešné zrealizovanie platby vykonanej prostredníctvom platobnej brány na Webstránke alebo akékoľvek iné straty, vzniku ktorých nemohla objektívne zabrániť.

8.2 Spoločnosť vynaloží všetko primerané úsilie, aby webové stránky so škodlivým kódom alebo nevyžiadaným obsahom neboli aktívne na Webstránke. Spoločnosť však nezodpovedá za akékoľvek vady alebo škody spôsobené škodlivým kódom alebo nevyžiadaným obsahom vyskytujúcim sa na Webstránke.

9. Final Provisions

9.1 The Client is obliged to get acquainted with the GBTC before using the Website.

9.2 The Client gives his or her express consent to the GBTC, including all attachments, at the moment of his or her registration on the Website or at the moment of creating a binding order through the Website and undertakes to comply with the GBTC. The GBTC form an integral part of every Purchase Contract.

9.3 Any communication between the Client and the Company shall take place in Slovak language unless the Client and the Company agree otherwise.

9.4 The Company reserves the right to change the GBTC, each time in writing, and is obliged to publish any change on the Website and inform the Client of the change via e-mail communication. Changes to the GBTC shall take effect at the earliest on the first day of the calendar month following the month in which the changes were published and notified, unless otherwise specified in the amended GBTC or notification. The GBTC shall be valid and effective with respect to each Purchase Contract at the time of concluding the relevant Purchase Contract.

9.5 Membership and the GBTC are governed by the applicable law of the Slovak Republic. Any disputes arising out of them fall within the exclusive jurisdiction of the courts of the Slovak Republic.

9.6 The Client is not entitled to assign or otherwise transfer any liabilities, receivables, claims, rights or obligations related to the Goods to a third party without the prior written consent of the Company.

9.7 The Client grants the Company consent to assign or transfer any liabilities, receivables, claims, rights or obligations related to the Goods to a third party.

9.8 The Purchase Contract between the Company and the Client is concluded for a definite period of time, which lapses on the day of the expiration of the warranty period for the Goods.

9.9 No provision defined in the GBTC excludes or restricts any right of the Client who is a Consumer, arising out of the Civil Code, Act No. 250/2007 Coll. on Consumer Protection and amendments to Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended, Act No. 102/2014 Coll. on Consumer Protection on the Sale of Goods or Provision of Services based on Distance Contracts and Off-Premises Contract, as amended, and other provisions of applicable Slovak legislation concerning consumer protection.

9.10 The supervisory authority for consumer matters (in case the Client is a Consumer) is the Slovak Trade Inspection, STI Inspectorate for the Bratislava Region, with its registered office at Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava.

9.11 The GBTC come into force on 1 September 2020.

Attachments
Complaints Procedure, (Annex No. 1)
Model Form for Withdrawal from the Purchase Contract (Form), (Annex No. 2)
Complaint Confirmation, (Annex No. 3)