1. Basic concepts and general provisions
1. 1. These Terms and Conditions are undertaken to adjust the relationship between the Buyer and the Seller – subsidized organization of the Ministry of Culture Music Centre, located at Michalská 10, 815 36 Bratislava, Slovak Republic, ID: 164836, VAT: 2020829987 (herein referred to as “The Seller”) for the sale of goods, particularly books, sheet music, compact discs (CDs) and digital video discs (DVDs) (herein referred to as “goods”).
The supervisory authority is carried out by:
The Slovak Trade Inspection (SOI)
SOI Inspectorate for the Bratislava region
Prievozská 32, PO Box 5, 820 07 Bratislava 27
Department of technical control products and consumer protection
1.2 The online store (herein referred to as “e-shop”) operated by the Seller on the website www.hc.sk offers goods to buy to an unlimited number of Buyers.
1.3 By placing an order The Buyer confirms that he is aware of these Terms and unreservedly agrees with the Complaint procedure, which is the integral part of Terms and Conditions. The Buyer is adequately advised of these Terms and has the opportunity to become familiar with them carefully before placing an order.
1.4 The Seller is the organization:
Located at: Michalská 10
1.5 The Buyer
The Buyer is a consumer or entrepreneur.
1.6 The Consumer
A Consumer is a person who, in concluding and performing the contract does not act within his business of profession.
1.7 In starting business relationship The Consumer passes to The Buyer his contact information necessary to process orders, possibly appropriate information that he wants to be listed on purchase documents.
1.8 Legal relations between The Seller and The Consumer not expressly regulated by these Terms and Conditions should be governed by the relevant provisions of Law no. 40/1964 Coll., The Civil Code and on Act no. 634/1992 Coll., on consumer protection and related regulations, all as amended.
1.9 Entrepreneur means:
a) a person registered in the Commercial Register,
b) a person who does business under a trade license,
c) a person who operates on the basis other than a trade license pursuant to special regulations,
d) a sole proprietor engaged in agricultural production and is registered pursuant to a special regulation.
1.10 Legal relations between The Seller and The Buyer, who is an entrepreneur, not expressly regulated by these Terms and Conditions or contract between The Seller and The Buyer, are governed by the provisions of Law no. 513/1991 Coll., The Commercial Code, as amended, and related regulations.
1.11 Contract of sale
The Seller offers his items for sale by their location on the e-shop. The relations between The Buyer and The Seller are governed by a contract of sale. Contract of sale concluded at a distance arises as provided below.
1.12 Conclusion of the Contract of Sale
The contract of sale at a distance occurs via The Buyer's order, which is an offer to conclude a sales contract and the receipt of the order by The Seller. Conclusion of the sales contract occurs based on notification about accepting of the order (offer to conclude a purchase agreement).
1.13 Order / Offer to conclusion of a purchase contract.
The Buyer sends his order to the Seller by filling in and sending the order form within the e-shop. The Buyer is obliged to complete at least the information in the order form that are marked as required; otherwise it is not possible to send the order and there can be no contract of sale. Buyer can check and repair the order as necessary before sending the order.
1.14 Order Cancellation
The Buyer may cancel the order no later than the date of dispatch of the goods from the warehouse, by dialing the telephone number +4212 20470460 or by email to firstname.lastname@example.org.
1.15 Accepting the order
Seller will confirm receipt of the order and thus conclude a purchase contract by electronic mail (e-mail) to the email address specified by the Buyer in his order. The contract of sale there have received confirmation of the order to the Buyer specified email address. The purchase contract is concluded by sending confirmation of the order to the email address specified by Buyer.
1.16 The resulting purchase contract (including the agreed price) can be amended or repealed only by the agreement of the both parties or on the basis of legal reasons.
1.17 The law
Relations and any disputes arising under the contract of sale shall be resolved exclusively in accordance with the applicable law of the Slovak Republic and will be resolved by the courts of the Slovak Republic.
1.18 The language of the contract
The purchase contract is concluded in the Slovak language. If there is made a translation of the text there for Buyer's needs, it applies that in the case of a dispute concerning the interpretation of the terms of contract interpretation is valid in the Slovak language.
Concluded purchase contract is archived by the Seller for the purpose of its successful performance and is not accessible to third parties.
1.20. Information about individual technical steps leading to the conclusion of the purchase contract are evident from these Terms and Conditions, where this process is described.
1.21 These Terms and Conditions are displayed on the website of e-shop www.hc.sk, this allows their archiving and reproduction to the Buyer.
1.22 The cost of purchase contract by the Buyer – the cost of communication (internet fees) – are paid by the Buyer and depend on fees for his internet services.
2. Price Terms
2.1 The Buyer buys goods for prices listed on the e-shop. By sending the order, the Buyer accepts the purchase price of goods offered by the Seller in e-shop.
2.2 All prices for goods and services and any charges in the e-shop are listed inclusive of VAT. All actions are valid while supplies last, unless in a particular product indicates otherwise. The purchase price of the goods listed in the e-shop include VAT and they are final.
2.3 The purchase price of the goods is always valid in the moment of transferring the Buyer's order, regardless of its later amendments.
2.4 The Seller reserves the right to unilaterally modify (increase / decrease) the price of goods on the e-shop www.hc.sk. The new prices of goods are valid by the date of their publication on the e-shop www.hc.sk. The decisive price is the price listed by the goods at the time of sending the order to the Seller. Any increase or decrease in prices of goods by the Seller at the time of the sending the order by the Buyer, until the delivery of the goods ordered or during the reclamation or other proceedings concerning the return or exchange of goods, does not affect the price of already ordered goods. The Buyer is aware that in case of reducing the price of goods at the time of sending the order until the completion of any reclamation or other proceedings concerning the return or exchange of goods, he has no right to a refund of the purchase price of the goods amounting to the difference between the price of goods at the time and after the time of sending the order by the Seller.
2.5 If prices on the website e-shop are listed obviously erroneous, for example if goods are widely available and known, and their price differs from the normal price, or because of system errors when goods appear prize “EUR 0” or “1 EUR”, the Seller is not obliged to deliver the goods in incorrect price, but he can offer goods for the proper price. If the Buyer does not agree on the proper price of the goods, he can withdraw from the contract.
2.6 Possible additional costs of Buyer:
a) Transportation fees listed in the e-shop according to a Buyer's choice
b) making the payment of the purchase price, the cost for payment depends of the provider of payment services.
3. Payment Terms
3.1 When ordering goods, the Buyer can choose one of the available methods of payment for the goods.
3.2 Seller assumes and enables these methods of payment price of goods:
a) cash on delivery (cash from a customer taken by the carrier).
3.3 Goods are property of the Seller until receiving full payment.
3.4 By confirming the order you agree with the obligation to pay.
4. Delivery Terms
4.1. The goods will be delivered to the Buyer by a way that the Buyer chose in his order.
4.2 Seller assumes and enables these methods of delivery:
a) sending goods by transport service – the price of the transport is governed by the price list current at the date of the order.
4.3 If the goods are delivered by the contracting carrier, the Seller can give to the carrier the necessary minimum of Buyer's personal data for the smooth delivery of goods (name, address, phone number).
4.4 Seller is not responsible for late delivery of goods caused by courier or by giving the wrong Buyer's address. Buyer is obliged to thoroughly check the goods during receipt from the carrier and to confirm the receipt of the goods by his signature.
4.5 A Buyer is obliged to immediately check the status of consignment with the carrier (number of packages, integrity of the tape with company logo, damaged box) according to the enclosed packing slip. The Buyer is entitled to refuse acceptance of the consignment which is not in conformity with the contract, for example, if the package is incomplete. The exception is when the order is provided with more supplies (then separate deliveries are not considered incomplete). If the Buyer takes the damaged shipment from the carrier, it is necessary to write down and describe damages in the protocol of the carrier. If the Buyer finds out later that the consignment is damaged, he should send a record of the damage within 24 hours by email to email address email@example.com with the subject of a complaint.
4.6 Additional incompleteness or external damage of the consignment does not relieve the Buyer of the right for complaint, but it gives the opportunity to the Seller to prove it is not a contradiction with the contract.
4.7 The goods will be delivered within the time-dependent on Buyer's chosen method of delivery, as the result of the Buyer's order and the corresponding delivery date specified during goods within e-shop.
4.8 The goods property right passes to the Buyer by the acceptance of the consignment and by the payment of the purchase price.
4.9 The Seller delivers goods exclusively in the territory of Slovakia and Czech Republic.
4.9a A delivery to the Member States of the European Union or other countries takes place on the basis of mutual consent and prior written approval of costs of postage and packaging and, if necessary, further delivery terms between Buyer and Seller.
5. Undeliverable consignments
5.1 In case that the Buyer orders goods from an online store (www.hc.sk) but does not accept the consignment, respectively it will be returned to the sender due the Buyer refuses to accept consignment, or the shipment is not delivered due to the wrong address, Buyer will be obliged to pay together all the shipping costs of € 5, which covers shipping and handling and postage costs incurred in returning the consignment to the address of the Seller, up to three work days to the account SK6281800000007000069149 (State Treasury).
6. Contractual Penalty
6.1 Contractual penalty in the amount of € 10,00 can be served by the Seller if the Buyer does not accept the consignment from the shipping company, where he selected payment on delivery.
6.2 For breach of Terms and Conditions from paragraph 9.1 the Seller will issue an invoice with 5-day maturity for € 10,00 fine, which will be sent by registered mail to the Buyer at his address indicated in the order.
6.3 In case of failure to pay contractual penalty, the Seller will shift his claim to a third party that will enforce the claim out of court.
4.6 By submitting the order with payment on delivery Buyer agrees to our terms and conditions and contractual fine of 10,00 in case he will not accept the consignment.
7. Final Clauses
7.1 These Terms and Conditions are valid from 2016, January 1st.
7.2 The Seller reserves the right to change these Terms and Conditions without prior notice by placing their new version on the on-line store.
7.3 By selecting the check box before sending the order, the Buyer indicates that he is aware of these Terms and Conditions, and that he fully understands their content and he agrees with them.
7.4 The Seller reserves the use of these Terms and Conditions in the conclusion of sales contracts and he does not accept any general terms and conditions of Buyers.
7.5 The Seller and The Buyer agree that all disputes arising between them out of legal relationships under a contract or related contracts, including disputes concerning the validity, interpretation and termination of the purchase agreement, these will be preferentially solved by conciliation.