Terms of Service
Terms & Conditions
For the sale of goods via the website www.airwheel-eu.com (hereinafter as the Internet store)
(Hereinafter only as the "Terms")
The operator of this Internet store is the company:
Biokamin EU s.r.o.
Panónska cesta 34, 851 04 Bratislava
Company registration number: 44 507 445
VAT number: SK2022730270
registered in the Commercial register of the District Court Bratislava I., section. Sro, file no. 55614/B
Tel: 00421 905 619 808
(Hereinafter as the “Seller“)
1. Introductory provisions
1.1. These terms govern the rights and obligations between the Seller and a natural or legal person who purchases goods through the Seller's Internet Store (hereinafter referred to as the "Buyer").
1.2. Rights and obligations here unadjusted are governed by the provisions of Act no. 513/1991 Coll. Commercial Code as amended
2. Method of contracting
2.1. The buyer will choose the goods through the GUI of the Online Store, which will be placed in the basket by completing the registration data and then sending it to the seller making an order. If for technical or other reasons the Buyer does not work with the graphical interface of the Online Store, the order may be sent electronically as an ordinary e-mail to firstname.lastname@example.org, with exact specification of the goods, quantity and contact details.
2.2. Buyer's Purchase Order is considered to be a Proposal for a Contract.
2.3. The buyer is entitled to cancel, modify, or add to the order within 24 hours of dispatching the order. Any change with the order is the Buyer obliged to disconnect with the seller by phone and subsequently send the protocol also electronically by e-mail to: email@example.com.
2.4. The Buyer submits an order to the Seller for the processing of personal data for the purposes of fulfilling the rights and obligations arising from the contract and for the purpose of providing information about the Seller's products and services to the Buyer.
2.5. Seller shall send the Buyer an acknowledgment of receipt of the order without undue delay upon receipt of the order from the Buyer.
2.6. The confirmation of receipt of the order may be sent electronically, by post, by fax, or may be provided by telephone, at the discretion of the Seller. Sending an acknowledgment of receipt is also a telephone connection between the Buyer and the Seller where the Buyer announces the receipt of the order.
2.7. Upon sending an acknowledgment of receipt of the order, the Purchase Agreement is deemed to be closed.
2.8. If any part of the order is erroneous or incomplete, the Seller of the Buyer will request a correction if necessary. Upon completion of the order, the Purchaser will receive an acknowledgment of receipt of the order.
2.9. If the Buyer does not remove the defects within 7 days after the Seller's order, the order will be considered as inappropriate and will not be equipped.
2.10. If the Seller is unable to deliver the ordered goods on the basis of an order, the Seller shall inform the Buyer without undue delay.
2.11. If the purchaser applies his / her ID, the relationship with the seller is governed by the Commercial Code.
3. Purchase price
3.1. The parties agree that the Buyer buys goods from the Seller at the price published in the Online Store and in the order at the time of sending his order to the Seller.
3.2. In case the Buyer does not take the goods at the Seller's headquarters, the Buyer is obliged to pay the transport price in addition to the purchase price.
3.3. The shipping options, as well as the prices of each transport, are listed on the Internet shop during the ordering of the order in the Basket section. If the transport price is not listed, the transport price will be quoted and sent to him on request.
3.4. In the event that the Buyer submits an order with the specified mode of transport: "The shipping cost will be quantified later", the Seller will send the shipping cost quote as required by the Buyer without undue delay. The buyer has a 7-day period to agree on the transport price.
3.4.1. If the Buyer does not opt for the transport price or does not comment on the shipping cost within 7 days, his order will be considered as inappropriate and will not be available.
3.5. The buyer is provided with 3 ways of transport associated with the purchase price and the transport price, namely: picking, picking, or prepayment.
3.5.1. If the Buyer chooses the possibility of personal transportation, he is obliged to pay the purchase price when the goods are taken over by the Seller.
3.5.2. If the Buyer opts for the possibility of shipping with a cash on delivery, he is obliged to pay the purchase price associated with the transport price directly to the courier at the moment of taking over the goods.
3.5.3. If the Buyer chooses a prepayment option, he is obliged to pay the purchase price together with the shipping price upon the Seller's invitation, but at the latest on the day of dispatch, otherwise the goods will not be dispatched to the Buyer and the Buyer will be delayed.
188.8.131.52. In connection with prepayment, the Buyer is allowed to pay either through Paypal or by Card through the Cardpay service.
184.108.40.206.1. The Cardpay service is provided via Tatra's virtual POS terminal and in connection with it, the VISA, VISA ELECTRON, MASTERCARD, MAESTRO or Diners Club International® cards are available to the Buyer.
220.127.116.11.2. Payment of the purchase price in advance via Cardpay Buyer executes on the Tatrabanka Virtual Terminal immediately after sending the order in the Seller's Internet shop or later through the link found in the ordering information available in the Buyer's Account Account at the Online Store but at the latest on the day of dispatch, exported to Buyer and Buyer will be delayed.
3.6. The buyer is obliged to pay the purchase price and the shipping price in a timely and proper manner. The Buyer's obligation to pay the purchase price and the shipping price is met by registering a payment with the Seller, either when the funds are credited to the bank account or in cash. In the event of a Buyer defaulting to fulfill its financial obligations under the Contract, the Seller shall be entitled to require the Buyer to pay the costs associated with his delay and a contractual penalty of 0.05% for each day of delay.
3.7. Seller applies a reservation of ownership within the meaning of §445 of the Commercial Code. with the fact that the ownership right to the subject of the contract shall be acquired by the Buyer up to the full payment of the purchase price.
3.8. The invoice, which serves as a delivery note, will be delivered to the Buyer together with the subject matter of the contract.
4. Delivery of goods
4.1. Seller commits to deliver the Goods to the Buyer within a time limit specified for each individual item of goods in the Online Store. The delivery period commences on the day following the date of confirmation of the order by the Seller.
4.2. If the delivery of the goods has been agreed as a "personal takeover", the Buyer is obliged to agree with the Seller on the date and time of the picking up of the goods.
4.3. Danger of damage to the goods passes to the buyer at the moment when the buyer or his authorized person (with the exception of the carrier) takes the goods into physical possession.
4.4. The buyer is obliged to take the goods on time and properly. When the goods are taken over, the Buyer is obliged to check the integrity of the packaging, tapes, seals and possible damage to the container immediately notify the courier. Furthermore, it is required to check whether the package contents by quantity and nature correspond to the order and whether the goods are not damaged. In case of non-conformity of the delivered goods with the order or in case of obvious defects of the goods, Buyer is obliged to write this fact in the delivery note.
4.5. In the event of non-receipt of the Goods, the Buyer is delayed and the Seller is entitled to claim from the Buyer the costs associated with his delay and a contractual penalty of 0.05% for each day of delay.
5. Warranty, defects, claim
5.1. Unless the damage or partial defect of the goods is apparent upon taking over, the Buyer is obliged to notify the damage and its appearance without undue delay no later than 7 days from the date of delivery of the goods to the Seller. The seller will then arrange to write a record of the damage with the carrier's representative. Upon receipt of the minutes, the Seller shall decide on the manner of handling the defect of the goods and shall notify the Buyer of its decision.
5.2. The seller of the goods provides a warranty of twenty-four (24) months. The warranty period begins on the date of receipt of the goods by the Buyer. From the date of receipt of the claimed goods to the Buyer until the date of the notification of the claim, the warranty period will not be fulfilled.
5.3. The warranty does not apply to defects in the goods caused by its use contrary to the purpose of use or the instructions given in the instructions for use. The warranty also does not apply to mechanical damage, exposure to dangerous thermal and electromagnetic radiation, or mechanical and other unauthorized interference with the goods.
5.4. For goods sold at a lower price due to a defect, the warranty period is twenty-four (24) months, with the exception of clause 5.3 excluding the defects for which the goods were sold at a lower price. This defect must be entered in the purchase contract.
5.5. If the repair of the wrong goods or their replacement for identical goods is not possible, the Seller is entitled to proceed to cancellation of the contract by issuing a credit note to the Purchaser at the purchase price of the goods.
5.6. In the event that Seller does not repair the claimed goods within the warranty period within 30 days, the goods claimed shall be considered irreparable and the buyer shall have the right to exchange the goods for new identical goods or a credit note within the meaning of point 5.6
5.7. If there is a replacement for a new item, the warranty period begins to run again from the date of receipt of the new goods. A new warranty card will be issued for the new goods.
5.8. If the Seller discovers that the claimed goods are not defective or does not meet the warranty claim requirements, the claim shall be deemed to be unjustified and the product claimed shall be returned to the Purchaser.
5.8.1. If a claim for goods has been rejected within the first 12 months of the purchase of the goods, the Buyer's costs will be provided by the Buyer at the Equipment Document as well as the expert opinion.
5.8.2. If a claim for goods has been rejected after 12 months from the purchase of the goods, the Seller shall provide the Buyer with the person to whom the goods may be sent for expert opinion. The seller will pay the expense for expert judgment after proof of proof by the Buyer.
If the customer (hereinafter referred to as the "customer") does not take over the product after performing service services or handling complaints (hereinafter referred to as: "service services") within 8 (in words: eight) days from the expiration of the service period specified in the complaint service protocol, or if the customer does not take over the subject of service (hereinafter referred to as "product") within 8 (in words: eight) days from the withdrawal of one of the parties from the contract, the contractor is entitled to payment of a contractual penalty of EUR 3.00 for each additional day of delay, whereas the contractual penalty represents compensation for the contractor's costs associated with storage and care of the product. Notification of the performance and termination of service will be provided to the customer in person, by phone, SMS or email. If the customer does not take over the product after performing service after the withdrawal of one of the parties from the contract or otherwise in accordance with these GTC or within 3 (in words: three) months from the date when he was obliged to take over the product, the contractor has the right to sell the product. The Contractor shall notify the Client of the intended sale of the product in advance; the provision of these GTC shall also be considered a notification. If the product is sold, the contractor will pay the customer the proceeds from the sale of the product after deducting the price of services, a contractual penalty of € 3.00 for each day of delay in receipt until the date of sale, the cost of selling the product, provided that the customer exercises the right to proceeds from the sale of the product from the contractor. If the amount for the contractual penalty accumulates and exceeds the market price of the product, the accounting of the contractual penalty is stopped and the product is forfeited in favor of the contractor.
6. Withdrawal from the contract
6.1. The buyer is entitled to withdraw from the contract prior to the delivery of the goods or within 14 days from the date of receipt of the goods. If the Purchaser has ordered goods that have been specifically made in accordance with the Buyer's specifications and instructions, he is not entitled to withdraw from the contract.
6.2. In the event that the Buyer withdraws from the contract, he is obliged to deliver the goods at his own expense to the Seller to his registered office not later than 14 days from the date of withdrawal.
6.3. After checking the goods, the Buyer will return the purchase price for the goods stated in the order, no later than 14 days from the date of delivery of the goods.
6.4. The seller is entitled not to deliver the goods and withdraw from the contract if the goods are disposed of in the meantime.
7. Final provisions
7.1. These Terms become effective on the date of publication in the Internet Store.
7.2. Seller is not liable to the Buyer for lost profits, loss of opportunity, or other indirect or consequential losses due to non-payment of the order or otherwise incurred.
7.3. The Seller reserves the right to modify these terms according to their will, modify, cancel and / or modify the whole or part of these terms and conditions without further notice, and the orders will be governed by the terms of the Purchaser's Purchase Order.
Who is the controller of your personal data? Biokamin EU s.r.o., Panónska cesta 34, 851 04 Bratislava, IČO: 44 507 445, IČDPH: SK2022730270, registered in the Commercial Register of the District Court Bratislava I., dept. Sro, vl.č. 55614 / B Why do we process your personal data? We process your personal data for the following reasons: • Purchase of goods and services: first of all, we process your personal data in order to properly process and deliver your order. If any problems arise, thanks to your personal data, we know who we can contact. • Customer care: if you contact us with a question / problem, we must process your data to answer / resolve it. In some cases, personal data may also be transferred to a third party (eg a goods carrier). • User account: thanks to the personal data you provide to us in your user profile, you will have access to a number of useful functions (eg if you provide your phone number, we can easily inform you when the order will be delivered to you). You can change the data you enter at any time, except for the e-mail address used to access your user account. • Improving our services: through the history of your orders and behavior on the web, we can offer more relevant offers of other goods, e.g. accessories for purchased products. In certain places, we display products that are directly for you and meet your needs and interests. To optimize elements on and off the web (personalized advertising on third-party websites), we can also use tools for testing various variants (so-called A / B testing), Google Analytics, Facebook Analytics, etc. • Enforcement of rights and legal claims and control of public authorities: we may also process your personal data because we need them to exercise our rights and legal claims (eg in the event that you have an outstanding claim against us). We may also process your personal data because we need it for the purposes of inspections carried out by public authorities and for other similarly serious reasons. What personal data do we process? Personal information that you provide to us • If you have e.g. if you order goods or services, we need data from you, which are marked as mandatory in the ordering process (this is mainly your name and surname,delivery address). If we did not have this information, we would not be able to deliver the goods to you correctly. Furthermore, for the purpose of selling goods or services, we need your e-mail address, to which we will send you an order confirmation, which also serves as a confirmation of the concluded purchase contract, and copies of the terms and conditions and complaint procedure. • When ordering goods or services, you can also fill in optional data. They help us to fulfill the concluded contract better and more efficiently. E.g. when filling in your telephone number, we can send you information about the delivery of goods, etc. You provide optional information to us voluntarily. • Following the delivery of the goods to you, you may receive an e-mail requesting the evaluation of the purchased goods. • If you contact our customer line or write us a message, we will also process your personal data listed in this communication. Personal data that we process automatically • When you visit our website, we may collect certain information about you, such as IP address, date and time of access to our website, information about your internet browser, operating system or language settings. We may also process information about your behavior on our website, ie. e.g. what links you visit on our website and which goods are displayed to you. However, due to your maximum privacy, the information about your behavior on the website is anonymized, and therefore we cannot even assign it to a specific user, ie. to a specific person. • Cookies: This is actually a small text file that is created by visiting each website. It is used as a standard tool to store information about how our site is used. We can distinguish (but not identify) individual users from each other and adapt the content to specific preferences. Cookies are important. Without them, browsing the web would be much more difficult. Camera recordings at our facilities • Our stone operations are monitored by camera systems with online transmission and recording. We have cameras on the premises both for the purpose of prevention and for the purpose of clarifying possible illegal activities. The operator of the camera system is us, the company Biokamin EU s.r.o., Company Identification Number: 44 507 445 On what legal bases do we process data? Performance and conclusion of the contract • We need a large part of your personal data in order to be able to conclude a purchase or other contract with you at all regarding the goods or services that you want to purchase from us. As soon as the contract is concluded, we process your personal data in order to properly deliver the purchased goods to you, or to properly provide you with the services you have purchased. Based on this legal reason, we mainly process invoicing and delivery data. Legitimate interests • We also use your personal information to provide you with relevant content, that is, content that is of interest to you. Based on a legitimate interest, we process personal data in this way, which we process automatically and cookies. • For the same legal reason, we may send you and our customers email and SMS messages. The processing of your personal data on this legal basis also takes place during the monitoring performed by cameras at our individual operations. To whom do we provide your personal data? In these cases, we pass on your personal data to third parties: • Delivery of goods: the carrier of your choice would never be able to deliver the ordered goods to you if we did not provide him with information on where and to whom he should specifically deliver the goods. We will pass this information to the carrier according to how you fill it in the order. The data transmitted in this way mainly include your name and surname, delivery address, tel. the number at which the carrier can contact you and, if the goods have not been paid for in advance, the amount to be paid when taking over the goods, if any. In relation to the personal data we provide to him, the carrier is entitled to process them only for the purpose of delivery of the goods and then delete the personal data without delay. How long do we keep your personal data? First of all, we will process your data for the entire duration of the contractual relationship between us. In the case of processing of personal data for which consent has been granted, your personal data will generally be processed for a period of 7 years, or until such consent is revoked. We further point out that the personal data that are necessary for the proper provision of services, respectively. in order to fulfill all our obligations, whether these obligations arise from a contract between us or from generally binding legal regulations, we must process regardless of your consent. for a period set by or in accordance with the relevant legal regulations (eg in the case of tax documents, this period is at least 10 years). By default, we store your camera recordings for 90 days. However, if an illegal act occurs in the monitored area, we can contact the police and pass the records in question to the competent authority (police, court, etc.). In this case, the records are not deleted after 90 days, but for evidentiary reasons we keep them until the legal conclusion of the case. What are your rights when processing personal data? In relation to your personal data, you have in particular the right to revoke your consent to the processing of personal data at any time, the right to correct or supplement your personal data, the right to request restrictions on their processing, the right to object or complain about the processing of your personal data, the right to access your personal data. , the right to request the transfer of your personal data, the right to be informed about breaches of the security of your personal data and, under certain conditions, the right to delete certain personal data that we process in connection with you (the so-called right to be "forgotten"). Modification and addition • You can contact us via: firstname.lastname@example.org Repair • If you believe that the personal data we process about you is incorrect, you can contact us via: email@example.com Access (portability) • You can ask us to send you an overview of your personal data via firstname.lastname@example.org • You also have the right to access the following information regarding your personal data: o What are the purposes of processing your personal data o What are the categories of personal data concerned o Who, apart from us, are the recipients of your personal data o Scheduled time for which your personal data will be stored o Whether you have the right to request from us to correct or delete your personal data or to restrict their processing or to object to such processing o Information about the source of personal data, if we did not obtain it from you Deletion • You may also request that we delete information about you (however, the deletion will not affect data on documents that we are required by law to retain (such as invoices or credit notes). If we need your personal information to determine, enforce or defend our legal claims, your application must be rejected (eg when we register an outstanding receivable from you or in the case of an ongoing complaint procedure). • Except as noted, you have the right to delete in the following cases: o Personal data are no longer needed for the purposes for which they were processed o You have revoked your consent on the basis of which the data were processed and there is no other legal reason for their processing o You have objected to the processing of the axes. data and you consider that the assessment of the objection will reveal that in a particular situation your interest outweighs our interest in processing. these axes. data o Personal data is processed illegally o The obligation to delete is stipulated by a special legal regulation o Ide os. data on children under 16 years of age • You can exercise your right via: email@example.com Objection raised • We process some of your personal data on the basis of our legitimate interest (see the chapter of these terms and conditions entitled "On what legal basis do we process data"). If there are specific reasons on your part, you may object to the processing of your personal data. You can raise this objection using: firstname.lastname@example.org Processing restrictions • If (a) you deny the accuracy of your personal information, (b) your personal information is being processed illegally, (c) we no longer need your personal information for processing purposes, but you need it to determine, enforce or defend your legal claims, or if you (d) have objected to the preceding paragraph, so you have the right to restrict the processing of your personal data. • In this case, we may only process your personal data with your consent (except for the storage or backup of the personal data in question). Filing a complaint • If you believe that we are processing your personal data illegally, you also have the right to lodge a complaint with the Office for Personal Data Protection. However, we will be happy if you deal with the missteps with us first. You can always easily contact us via email@example.com These Terms and Conditions of Personal Data Protection, including their components, are valid and effective from 18.12.2020
9. ALTERNATIVE SOLUTION OF CONSUMER SPORTS
On February 1, 2016, the Act no. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment of some laws. The purpose of this law is to create a new opportunity for consumers to resolve their dispute with the seller quickly, efficiently, less formally and above all free of charge, with only minimal cost. It is about reaching a mitigating solution, respectively. agreements between the consumer and the seller to resolve the dispute, which upon the agreement of both parties, with its wording, becomes a binding legal basis.
The bodies for alternative dispute resolution are the Office for Regulation of Network Industries, the Office for Regulation of Electronic Communications and Postal Services and the Slovak Trade Inspection. Moreover, the Slovak Trade Inspection is in the position of the so- of the residual subject, which means that it will also be able to resolve disputes in which the competence of other authorities, other than the disputes arising from financial service contracts, is not determined.
10. Removal of the consumer from the contract
Buyer - consumer
Name and surname, title: ............................................ .................................................. .............................
Home address:............................................... .................................................. .......................................
Telephone: ................................................ .................................................. .......................................
E-mail: .............................................. .................................................. .........................................
He resigns from a contract with
Seller: Biokamin EU s.r.o. Company ID: 44507445
Number of cash receipt: .............................................. .................................................. ..................
Order number: ............................................... .................................................. ...............................
Date of sale:............................................... .................................................. ...................................
Labeling of returned goods:
.................................................. ....................................... ........... .................................................. .........
Reason for Refund:
Goods are not working Goods I do not like Found / I found cheaper
Goods do not match the description on this point:
Purchase price to be refunded:
by bank transfer to bank account number: IBAN .......................................... ............................
in cash at seller's address ............................................ ..........................................
Date and signature of purchaser - consumer
You have the right to withdraw from this contract without giving a reason within 14 days. The withdrawal period expires 14 days after you or your designated third party, except the carrier, takes over the goods.
In exercising our right of withdrawal, please let us know your decision to withdraw from this agreement with a unambiguous statement. For this purpose, you can use this sample withdrawal form.
The withdrawal period is retained if you send notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Upon termination, we will refund all payments you have made in connection with the conclusion of the contract, in particular the purchase price, including the cost of delivering the goods to you. This does not apply to additional costs if you have chosen a different kind of delivery, such as the cheapest common delivery method we offer. Payments will be refunded to you without undue delay, no later than 14 days after we receive your notice of withdrawal from this agreement. Their payment will be made in the same way as the buyer used for his payment. This does not affect the buyer's right to agree with the seller on another method of payment if no additional charges are charged to the buyer.
The payment for purchased goods will be paid to you only upon return of the returned goods back to our address or upon presentation of a document proving the return of the goods back, whichever comes first.