1. GENERAL PROVISIONS

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts that Javorina, a production cooperative with its registered office: Továrenská 29, 059 01 Spišská Belá, entered in the Commercial Register of the Prešov District Court, Section Dr. Insert number: 224/P, IČO: 00 168 599, DIČ: 2020515552, IČ-DPH: SK2020515552 (hereinafter referred to as the "Seller") will conclude for the purpose of selling 'JAVORINA'  products published on the website www.javorina.sk, online store www .shop.javorina.eu and in the printed catalogs of the seller (hereinafter referred to as "goods").

1.2 The application of the General Terms and Conditions of the other Party or any other General terms and conditions is hereby expressly excluded, unless the Parties agree otherwise in writing. In wholesale, the Conditions of the current Business Agreement apply.

2. ORDER OF GOODS

2.1 The interested party can order the goods in the usual way - directly at the store, by e-mail or by the online store. The order becomes binding only after its official confirmation by the Seller with a set price and a preliminary delivery time.

2.2 The order is also a Draft Purchase contract (hereinafter referred to as the "Contract"), for the acceptance of which a deposit of 50% of the purchase price of the ordered goods is required for catalog products, for atypical products a deposit of 50% - 100% is required depending on how atypical they are. In wholesale, the terms of the current Business Agreement apply.

3. QUALITY OF GOODS, CONSTRUCTION AND PACKAGING

3.1 The furniture is made of solid wood with the exception of furniture parts for which solid wood is not suitable, however the materials used are declared in the product data sheet. (Other materials used are veneered MDF, or laminated solid material and solid spruce. The veneer quality of the used veneered MDF is B/C. The center of the double beds is made of spruce wood.) Construction properties and load capacities of individual products are specified in product data sheets .

3.2 The solid wood used may contain defects that occur naturally in the natural material, but must be professionally treated in visible places. External visual surfaces may contain defects of a natural character up to max. area size 4 cm², slight discoloration, color and structural differences inherent in solid wood. Longitudinal soldering of the slats is also permitted for products longer than 200 cm. On the inner parts of the furniture, white and longitudinal soldering are allowed without restriction, defects of a natural character up to the range of 10 cm². On invisible surfaces (bottom sides - bottoms, table tops, backs of backs, ...) local small-area non-planing, under-grinding and local defects of wood of natural character are allowed.

3.3 The furniture is structurally adapted so that it can withstand the usual temperature and humidity differences of interiors, but it is not intended for excessively dry or humid environments or exterior. The moisture content of wood in the production of products is 9 +/- 2%. Cracking of wood in a glued joint is inadmissible, micro-cracks on the surface caused by a change in the moisture content of the wood up to a width of 0.2 mm are permitted. The deflection a in the transverse direction caused by a change in humidity is normally in the range of +/- 0.2% in both the longitudinal and transverse directions.

3.4 In the case of an atypical design of the goods, deviations in design are permitted depending on the requirements of the Buyer.

3.5 During production, the furniture is surface-treated in two layers, but it is possible that due to the diverse structure of wood as a natural material or a change in humidity after transport and unpacking, minor changes in surface quality will occur (slight surface roughening by straightening wood fiber). These changes are usually easily removed by simple treatment of the furniture (sanding and oiling of oiled furniture) even at home.

3.6 Cabinet and chest of drawers products are delivered assembled. Beds, desks and tables unassembled. However, their assembly is very simple. Assembly instructions sheet is part of all products supplied disassembled.

3.7 Javorina products are standardly packed in several layers of protective and packaging materials in order to reduce the risk of damage during transport. The Manufacturer prefers delivery of goods within its own services alongside with assembly services.

4. PRICE AND PAYMENT TERMS

4.1 Unless otherwise agreed in writing in the Contract, the costs of the Seller for packaging the goods and their transport to the place of delivery are included in the price of the goods, but it is not possible to deliver services separately of the goods delivery, or separate delivery and other services.

4.2 After the production of the ordered goods, at the latest during its collection, the Buyer is obliged to pay the balance of the purchase price. In wholesale, the conditions of the current Business Agreement apply.

4.3 In case of a delay in the fulfillment of a monetary debt, the Seller has the right to demand interest from the Buyer in addition to the fulfillment of interest on late payments (paragraph 5.7 of the GTC).

4.4 When paying by non-cash transfer to the Seller's account, the Buyer shall state the order number as a Variable symbol. All prices include 20% VAT. Bank connection: Sberbank, a.s. Bratislava, Poprad branch. Account number, Bank code: 4310 112 209/3100 BIC: LUBA SK BX IBAN SK 72 3100 0000 0043 1011 2209

4.5 Upon receipt of the goods, the Buyer will receive a tax document and proof of payment.

4.6. Bank fees for payment from abroad are borne by the Buyer. 

4.7 The Contracting Parties shall proceed in the settlement of their tax obligations in accordance with the legislation in force in Slovakia.

 

The Contracting Parties undertake to accept any legislative changes in the legal order of the Slovakia, including changes in tax laws that affect the Agreement and will respect their application during their validity.

5. DELIVERY CONDITIONS

5.1 The Seller is obliged to deliver the goods according to the specification agreed in the Contract.

5.2 Unless the Contracting parties have agreed otherwise, the Seller is obliged to deliver the goods to the Buyer at the place of performance agreed in the Contract. The Buyer takes over the goods and confirms receipt with his signature.

5.3 Unless otherwise agreed in writing in the Contract, the Seller is obliged to deliver the ordered goods within a period not longer than 10 weeks from the confirmation of the order by the Seller. The standard time for the production of standard products in the Javorina range is 6-8 weeks.

5.4 If the Seller is in delay with the delivery of goods according to point 5.3 (does not deliver the goods within the agreed period), the Buyer has the right to demand payment of a contractual penalty of 0.05% of the total purchase price of the goods specified in the contract for each day of delay. The Seller is not obliged to pay the contractual penalty if he did not cause the breach of duty.

5.5 The Buyer is not entitled to claim compensation for damage caused by a breach of the obligation to which the contractual penalty applies.

5.6 If the Buyer does not pay the purchase price on time, the Seller is entitled to refuse delivery of the goods, in which case the Buyer has no right to demand from the Seller payment of a contractual penalty in accordance with clause 5.4 of these GTC.

5.7 The Buyer is obliged to take over the ordered goods. In the event of a breach of this obligation and failure to take over the goods within 14 days of the notified termination of the order and expiry of the Manufacturer's specified delivery period (paragraph 5.3 of the GTC), the Seller is entitled to compensation for damage, lost profits and storage (in accordance with §614 paragraph 2 CC) in the amount of 0.05% of the value of untaken goods of the relevant order for each day of storage. The Seller has the right to claim damages incurred in this way from the Client's advance payment made when confirming the order.

6. LIABILITY FOR DEFECTS OF GOODS, COMPLAINTS OF GOODS

6.1 The warranty period is 24 months in the case of a individuals, 12 months for legal persons. The Seller may provide a larger warranty to the Buyer on the basis of their Agreement, or by a unilateral statement in the warranty card and also in advertising. The warranty period, statutory, agreed or provided by the statement in the Warranty Certificate, will begin in principle from the receipt of the product by the Buyer.

6.2 RETURNS POLICY  informs the Buyer about the liability of the Seller for defects in the goods, the conditions and arrangements of the complaint, including information about where a complaint can be applied and about warranty repairs. All the amentioned information can be found on www.javorina.sk, or www.shop.javorina.eu - for online shopping .

7. FINAL PROVISIONS

7.1 The Contracting Parties agree that all disputes arising out of or in connection with the Contract shall be settled by mutual agreement. In the absence of agreement, the disputes will be finally settled by the competent court.

7.2 For the Buyer, these General terms and conditions take effect when concluding the Contract.

7.3 The Buyer by sending the order or by paying the advance payment confirms that he has read these General Terms and Conditions and the Complaints Procedure and accepts the conditions set out therein.

The Supervisory Authority is the Inspectorate of the Slovak Trade Inspection based in Prešov for the Prešov Region, Obrancov mieru 6, Prešov.

If the Consumer is not satisfied with the way in which the Seller has handled his complaint or if he believes that the Seller has violated his rights, he has the opportunity to turn to the Seller for a request for redress. If the Seller responds to the request for redress in a negative manner or does not respond to it within 30 days from the date of its dispatch, the Consumer has in accordance with §12 of Act no.391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Acts right to start alternative dispute resolution. The relevant subject for alternative dispute resolution of consumer disputes with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or another relevant authorized legal entity registered in the list of alternative dispute resolution subjects maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.en/list-of-subjects-of-alternative-resolution-of-consumer-disputes/146987s), while the Consumer has the right to choose which of the mentioned subjects of alternative-dispute resolution of consumer disputes. At the same time, the Consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative dispute resolution proposal. Information on application fees can be found by the Consumer on the website of a specific alternative dispute resolution entity.

 8. TREATMENT OF OILED SOLID FURNITURE

8.1 The surface treatment of furniture with preparations based on natural waxed oils is today the predominant surface treatment of modern solid furniture. It preserves the natural character of the product and its significant advantage is also easy maintenance and full recoverability of damaged surfaces at home. On the other hand, oiling does not provide as high protection against moisture and mechanical damage as painting (especially at the beginning of use), and therefore it is necessary to create the thickest continuous layer of oil and wax by regular treatment. After purchasing a product with a final oiling treatment, we recommend gently sanding all, but especially the upper surfaces of furniture tables and tables with abrasive cloth, oiling it and wiping off excess oil with a dry cloth (supplied by Javorina in the furniture care package).  After 1-2 minutes, we recommend to wipe color-treated surfaces gently but enough not to leave shiny continuous layer on the surface. In case of unavailability of furniture oil, it is possible to use commercial preparations containing waxes and oils such as Pronto for routine treatment, following the instructions on the product. If you repeat the treatment initially 1-2 times a month, a continuous protective layer will be created, proof against scratches and liquids. The furniture will gain an elegant shine and the surface will be very pleasant to the touch.

8.2 Solid furniture "Javorina" is not suitable for outdoor use and for its full functionality it must be placed indoors with a temperature in the range of 10 - 30°C and air humidity in the range of 35 - 70%. Spišská Belá, 01.06.2016

9. THE CONSUMER'S RIGHT TO RETURN THE GOODS WITHOUT GIVING THE REASON AND THE CONSUMER'S INSTRUCTIONS

9.1 Pursuant to Act no. 102/2014 Coll. on Consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the premises of the Seller and amending certain laws (hereinafter the "Act") under the provisions of § 7 and following the Buyer has a right to withdraw from the Contract 14 days from the date of receipt of the goods. If the subject of the purchase contract is the delivery of goods, the Consumer has the right to withdraw from the Contract before the delivery of goods.

9.2 If the Consumer wishes to exercise this right, he is obliged to deliver the written withdrawal from the Purchase Contract in person to the contact address of the Seller no later than the last day of the specified period or to submit the withdrawal by post no later than the last day of the period to the address specified in the contacts. After notifying the withdrawal from the contract, the consumer is obliged to send or deliver in person the subject of the contract from which he withdraws together with all documentation - e.g. the original invoice, instructions and other documentation for the goods, which was delivered to him together with the goods, but no later than within 14 days from the date of withdrawal (§10 paragraph 1 of the Act). We recommend buyers to make a copy of the invoice for their own needs and send the goods by registered mail and as an insured shipment. You can use the following form to withdraw from the contract: Withdrawals from the purchase contract, in which it is necessary to fill in the minimum data marked with an "*" - an asterisk. (http://www.nakupujbezpecne.sk/docs/form/odstupenie%20od%20zmluvy.pdf).

9.3 Do not send the goods to us by cash on delivery , such goods will not be accepted.

9.4 The E-shop Operator shall return the paid performance for the goods/service, including transport costs in accordance with Art. §9 par. 3) of Act no. 102/2014 Coll. as well as costs demonstrably incurred to order the goods within 14 days from the date of delivery of the withdrawal from the Contract, but does not have to return the money before the delivered goods or the Consumer does not prove the shipment, this does not apply if the Seller suggested picking the goods himself.

9.5 The cost of returning the goods shall be borne by the Consumer.

9.6 The right to withdraw from the Contract does not apply to goods and services, which are defined in §7 par. 6 letter a) to l) of Act no. 102/2014. Coll.

9.7 The Consumer shall bear any reduction in the value of the goods which has been caused by their use beyond what is necessary to ascertain the functionality and characteristics of the goods.

10. PRIVACY

10.1 Personal data is processed in accordance with Act no. 18/2018 Coll. on the Protection of personal data, as amended.

10.2 The Operator does not provide personal data of the Buyer to a third party, except for the selected transport company that ensures the delivery of goods or services, or state authorities in the case of control, or intermediary on the basis of a mutual contract concluded under Act no. 18/2018 Coll.

10.3 The Operator is obliged to secure personal data before making them available to unauthorized persons, by taking appropriate technical and organizational measures. Also, all employees of the Operator are obliged to observe confidentiality in relation to personal data.

10.4 The person concerned shall have the rights defined in § 19 as follows. Act no. 18/2018 Coll. on the protection of personal data, as amended, in particular:

a) the right to information which is fulfilled by this content and Conditions,

b) the right to request access to personal data concerning the data subject - § 21 of the Act lies in your right to request how and for what purposes your data is processed, and you can address this request to the contact e-mail.

c) the right to correct personal data - § 22 of the Act allows you to correct personal data if they are out of date,

d) the right to delete personal data - you will use § 23 of the Act if you are not interested in the Operator continuing to process personal data,

e) the right to object to the processing of personal data - § 27 of the Act,

f) the right to lodge a complaint with the Supervisory Authority in relation to the processing of personal data.

10.5. The Operator obtains the following personal data from the Buyer: title, name, surname, address, delivery address, billing address, telephone number, e-mail address, which are processed for the purpose of correct processing of your order. This personal data is stored for 10 years for archiving purposes. As part of the order processing, personal data is processed for the purpose of issuing invoices, issuing stock (delivery) letters, providing transport as well as in accounting.

Cookies

10.6. These pages record your IP address, information about how much time you spend browsing the pages and information about which pages you come to us from. Cookies are text files that are stored on your computer and are also used to measure website traffic and customize the display of the site, and thanks to these files we can offer you better quality. Therefore, we perceive these files as our legitimate interest. Some cookies are third-party files, e.g. Youtube, Google and the like.

10.7 You can delete cookies at any time or set their collection directly in the Internet browser settings. If you want to refuse the collection of cookies, set this in your internet browser.

10.8 If the Buyer has agreed to the processing of personal data in the e-shop for the purposes of e-mail marketing, he has agreed to the sending of e-mail messages to the contact e-mail address.

10.9 Personal data for e-mail marketing purposes to the extent of name and surname, e-mail address are provided for a period of five years. This personal data is not provided to third parties.

10.10 The Buyer can revoke his consent at any time by sending an appeal with the processing of personal data, which we immediately delete. We will no longer use the personal information you provide for us for email marketing purposes.

 

24.05.2018

Slavomír Alžbetkin, Sales Director of Javorina Production cooperative 

 

At Spišská Belá, 01.02.2019

Slavomír Alžbetkin, JAVORINA v.d. Sales Manager