The business entity Pteryx, s.r.o., residing in Nad plážou 31, Banská Bystrica, Slovakia, ZIP 974 01, Company ID: 36646121, Tax ID:. SK2022132519 (hereinafter “Seller”) is registered in the Commercial Registry of the District Court Banská Bystrica, Section: Ltd, File No 11327/S. The entity Hermann Armin Ltd operates a website and e-shop on www.pteryxknife.com (hereinafter “E-shop”). Via the e-shop the third party (hereinafter “Purchaser”) can see the goods on the goods of the web-purchasing portal. At the same time respecting the general business terms (hereinafter “GBT”) and in case of the acceptance of an order/proposal of a sale contract by the seller the purchaser has an opportunity to buy the selected product.
The address of seller’s electronic email is: firstname.lastname@example.org. Its telephone number is:. + 421 917 611 265. Call and claim center operation hours: workdays from 9am to 4 pm except state holidays. The data is regularly updated on www.pteryxknife.com.
The GBT regulate relations between the entity Hermann Armin Ltd, the seller and the purchaser who according the GBT presents his intention to purchase goods on the website www.pteryxknife.com. The legal relation between the seller and a purchaser originating in purchase, goods delivery and various claim depending on their content and purchase participants are regulated by provisions of related laws and regulations of the Slovak Republic, particularly the Civil Code of Slovakia and Commercial Code of Slovakia. The GBT define duties of a seller and a purchaser on the grounds of seller registration. Mutual relations of a seller and purchaser are regulated by the claim terms for the e-shop www.pteryxknife.com (hereinafter “Claim terms).
A sale contract is the contract between a purchaser and a seller; its subject is purchasing goods presented on www.pteryxknife.com
Provisions of GBT and the Act regulating customer rights do not relate to a purchaser who is not a consumer pursuant to the Act No 250/2007 Coll. Code and who purchases goods for business and not personal use. Such a customer does not have the rights pursuant to legal regulations in force. Provisions of the Commercial Code of the Slovak Republic regulate goods damages responsibility and mutual relation of a seller and a purchaser who is not a consumer.
The term “availability” displayed next to goods icon on the purchasing portal cannot be interpreted as the period for goods delivery by a seller. The stated availability of goods in only indication date, non-binding time estimation when stock sale off is expected. The goods cannot be pre-presented to a seller, it is not possible always to accept orders and always to deliver goods even though via the third party. The goods being sold via the e-shop is always limited by actual stock of a seller and additional orders or delivery after goods sale off is not possible even though via the third party. In some cases a seller is not capable to deliver goods or equivalent or to arrange the delivery for the same price, number and time. A purchaser shall always be informed about such a case and incapability to deliver goods and in case of entering a sale contract each party is entitled to void the contract.
PERSONAL DATA PROTECTION
The business entity Pteryx, s.r.o., residing in Nad plážou 31, Banská Bystrica, Slovakia, ZIP 974 01, Company ID: 36646121, Tax ID:. SK2022132519 (hereinafter “Seller”), processes personal data provided by a purchaser on www.pteryxknife.com. The seller operates an information system of personal data pursuant to the Act No 122/2013 Coll. Code on personal data protection (hereinafter “PDP”). A purchaser provides the seller personal data as follows: name, surname, address, email address, telephone number or also date or year of birth. The goal of personal data procession is:
- to identify a purchaser as a contract party for fulfilling contract conducted via the website, to deliver goods and documents properly, to conduct introduction of pre-contract relations
- to identify a purchaser to conduct discussion on contract changes or avoiding the contract
- to fulfill duties defined by the Act and general regulations of the Slovak Republic, particularly the VAT Act.
Legal grounds for personal data procession are the PDP, other general regulations and/or a purchaser’s approval pursuant to PDP. The data and the approval are provided voluntarily. Without providing the data no purchase can be carried out, no goods can be delivered and no bill of purchase can be delivered. A purchaser provides his agreement and the seller informs a purchaser the provided data might be:
- provided to the third parties in necessary details to prepare, fulfill and monitor the contract, fulfillment rights and duties
- made available for receivers participating in preparation, conducting an order, preparation and implementation of information messages on the grounds of provided consent of a purchaser.
A purchaser grants his consent to process data that are not of personal character.
Advice: A purchaser, the respective party, has his rights particularly pursuant to §28 and other PDP. On the grounds of written request delivered to the seller’s address a purchaser has the right to confirm if his personal data are or are not processed and to refuse personal data procession which are expected to be processed directly for marketing purposes without purchaser’s consent an he has the right to ask for its liquidation. If the seller has the duty to provide and/or to deliver a purchaser obligatory information and such a duty is not met by publishing in GBT, your registration means your agreement to provide such information to a purchaser by a text message to the provided contact number or by any other suitable way.
PURCHASE PRICE AND PAYMENT TERMS
A purchaser is obliged to pay for the goods and transport pursuant to an accepted order (signed contract). The sums for the mentioned items are published summarily (price for goods and transport). The goods price is published including VAT on the site if not stated it is the price without VAT. VAT is charged at the delivery pursuant to valid legislation.
The goods price does not include bank fees for executing payment transfer, charges for transport, delivery charges, charges for delivery of purchased goods, expenses for electronic communication. The fees and expenses shall be paid by a purchaser if not stated otherwise.
The price may change due to a visible printing or other mistake related to the goods price and found in the seller’s system or published on the site by the goods. A purchaser and a seller is entitled to cancel the order or to void the contract (until the goods is delivered), if a purchaser is informed about the price changed for some items due to an apparent printing or other mistake related to the goods price.
The way of payment for goods, transport charge (a purchaser choses on the site and it is stated in an order with sum specification:
– cash at the goods delivery (only valid for goods delivered in Slovakia) – a purchase price and delivery price and transport charges are stated in a shop tray during ordering goods.
– by card or via PayPal when ordering – the purchase price and delivery costs and transport cost are introduced in your bag when ordering
Due date of the purchase price:
a) when choosing non-cash payment, a purchaser is obliged to pay the purchase price when ordering the goods
b) in cash payment with the goods delivery, a purchaser is obliged to pay the purchase price and transport costs at the goods delivery at latest
Price for delivery is introduced in the form when ordering the goods.
Bank fees for executing the payment for the goods and transport costs by a purchaser follow the contract between a purchaser and the purchaser’s bank. A purchaser is notified the information on costs of transport is clearly introduced within ordering and depends on the selection of transport provider/delivery service/way of delivery. Costs for the use of electronic means of communication follow the contract between the purchaser and his Internet provider, or electronic communication provider.
A seller makes an invoice and delivers it to the purchaser pursuant to the valid legislation of the Slovak Republic. The purchaser expresses his agreement for the invoice to be sent together with the goods or made available for him electronically when ordering. The seller upon the purchaser’s request can approve an extra delivered guaranty document.
When voiding a contract valid legislation has to be respected. If the purchase price is settled on the contract grounds and the contract is not concluded up to 15 days from the order delivery, the purchase price shall be returned to the purchaser within 39 days from canceling the order depending which date occurs sooner. Money transfer to a bank account from which the payment was executed before or some other way upon the both parties agreement executes returning the purchase price. Before returning the purchase price a seller is entitled to prove the purchaser’s ownership of the bank account or his right to operate the financial means on it, if there are some doubts about the purchaser’s authorities. If a seller is obliged to return the purchase price to the purchaser and the goods was already delivered, the seller returns the purchase price only after returning the goods to the purchaser.
When taking over the goods the purchaser is obliged to check packaging and completeness of the delivery especially a number of transport packages. In case of any visible damages related to the transport and the goods, the purchaser is obliged immediately to inform the transport provider and the purchaser. If the package damages proves unauthorized package opening, the purchaser is obliged not to take over the delivered goods. By signing a protocol document the purchaser declares the goods was delivered without any damages. If the purchaser does not report not delivering the goods and related documents within 12 hours from the goods delivery, it is supposed the purchaser received the goods properly, if the opposite is not presented.
The goods damages are reported to the purchaser by an email or any other suitable way. Additional reports of mechanical damages notable at the delivery shall not be accepted.
The seller shall immediately inform the purchaser about incapability on goods delivery also in the cases of acts of God or in cases out of seller’s or transport service’s responsibility. If so, the seller offers the purchaser a suitable replacement and follows legislation.
DELIVERING THE GOODS, SHIPMENT TERMS AND DELIVERY COSTS
The seller delivers the goods to the purchaser within 14 days from concluding the contract pursuant to GBT. The seller delivers the goods to the purchaser to the address stated when ordering and only to the person defined as the purchases. Delivering or taking over the goods by the third party is accepted only with a written and before agreed authorization between the seller and the purchaser. Due to it is necessary the purchaser stated his identification date properly when ordering. Delivering the goods to the third party with authorization document is not possible. The deliverer is authorized to identify the person who takes over the goods. If necessary, the purchaser and the seller may agree on prolonging delivery time or a new delivery time of the same quality and price.
Price for delivery within Slovakia – delivery service – 8 €
Price for delivery within Czech republic – 10 €
Price for delivery to other countries within EU- 20€
Non-EU countries ordering via Amazon
Handing over the goods occurs only when the purchase price is paid as well as the transport costs. If not, the seller or the delivery service is entitled not to hand the goods over and the seller does not delay with the delivery. The purchaser is obliged to take over the goods from the delivery service fully pursuant to the accepted order. The purchaser becomes the goods owner only after payment for the goods purchase price, transport costs and follow-up taking over the goods.
The way of delivery is chosen in online form during ordering.
In some cases the seller is entitled to change the way of delivery chosen by the purchaser to another method before accepting an order. In those cases the purchases shall be informed in writing and a change of order is proposed, conditions of the contract and he shall be informed on changes transport costs. The change of transport costs due to the change of delivery way shall be in purchaser’s favor.
The seller, transport provider and delivery service are entitled to notify the delivery to the purchaser by email, text message or any other suitable way (by phone). The purchaser agrees the seller provides the data on the purchaser to a transport provider or a delivery service. The purchaser is obliged to be accessible in the address stated in the time of notified delivery.
If the purchaser unjustifiably refuses to take over the goods or he repeatedly does not take it over, the seller is entitled to assert all costs originating from it upon the purchaser.
The seller is entitled to unilaterally and upon his decision to set the order value when the purchaser does not pay for transport costs. The fact of payment or non-payment the price for transport is shown on www.pteryxknife.com. The seller is entitled to unilaterally and without necessity to state changes in GBT to change and adapt the order value (concluded contract) when the purchaser does not pay for transport. The change has not impact on the already concluded contracts.
ORDERING THE GOODS
The goods purchase is carried out by the form of writing and sending an order by the purchaser on the purchase site of the seller and the order has to be approved by the seller pursuant to GBT, otherwise the contract does not exist. If the order is accepted by the seller pursuant to GBT, the seller delivers the ordered goods within delivery period. Before sending an order the purchase is notified and informed on the purchase site and in GBT pursuant to §3 Act No 102/2014 Coll. Code. The purchaser presents his agreement with the terms by a click on a particular icon before sending an order on the purchase site. The purchaser confirms he was informed about the obligation to pay the purchase price of the ordered goods comes with sending an order.
For active purchasing on the purchase site or for the participation in advertising and competition activities of the seller it is necessary the purchaser get registered on www.pteryxknife.com when filling in an order form. A person filling in a registration form is obliged to fill in the data of requested section into the form. By filling in the form the purchaser grants his agreement with processing his personal and other data pursuant to valid legislation. The purchaser is obliged to update the data on the site when ordering as the data accuracy has an impact on delivering the goods. The obligatory section of the registration form is clearly marked with GBT. The purchaser is obliged to state clearly, fully and accurately requested data. Not completing the duties by the purchaser is against the favor of the purchaser. The purchaser is obliged to save the name and password in a safe place and protect it not to misuse it.
The purchaser looks at the goods and picks it up by a click on the displayed goods. He chose the data according to published information and by click on “put in a bag” he adds an item to his order. In case, the purchaser completes his selection, he clicks on the icon “Cash-desk”.
The process of creation and sending an order of the purchaser consists of four steps: a) goods selection b) selection of payment methods, transport methods and transport costs c) approving general terms d) sending an order by a click on “Send an order”.
The purchaser makes each step by navigation instructions. The purchaser is obliged to state true and accurate data for the proper delivery. The purchaser is obliged to check the data accuracy during ordering before sending them to the seller.
The use of other general conditions stated in the order, other documents, message or an email of the purchaser in opposition with GBT is strictly excluded.
The purchaser’s order is considered sent, if delivered to the seller and if contains all necessary data – the name of the goods, its quantity, price, delivery and invoicing address, email and telephone contact of the purchaser.
Before sending an order the purchaser is requested to confirm he read and agrees with the general terms of the seller by a click, and he considers the general terms a part of a business contract between the seller and the purchaser. The process of making and sending an order by the purchaser cannot be completed without confirmation of agreement. Each order refers to a certain registration number. When communicating with the seller and during payment the purchaser refers the mentioned order number.
The purchaser sends the seller an order via the purchase site. The order is the purchaser’s proposal to conclude a contract under general terms. The order is set for the seller to accept it within 15 days from its delivery to the seller. By sending an order to the seller via the site the purchaser presents his intention to be bound with his order during the stated period, to buy and to take over the chosen goods for the purchase price pursuant to general terms, if accepted by the seller. After delivering the order the seller electronically confirms the order of the purchaser, it means he informs the purchaser about receiving the order and placing it to the seller’s system. Electronic confirmation of the order is not acceptation of the order by the seller and does not start a partial business contract.
On the grounds of both sides and in harmony with general terms the business contract is concluded if the seller confirms the order and at the same time he accepts (presents his agreement with the order) by a particular email or a message for the purchaser within 15 days from order delivery. The seller accepts the order by sending a confirmation email or a message to the purchaser. The confirmation email of the seller state the order is accepted and also the date of goods expedition (by general terms only “order acceptance”). By accepting the order by both sides the business contract is concluded. The seller on the grounds of the contract and general terms is obliged to complete the contract in time. The email on acceptance of the order also contains information requested by law for a customer, or a link in an email where the information is published. By link activation the documents and information are displayed for the purchaser and he has the right to save them.
The customer has the right to void the contract whose subject is goods delivery also before the period for voiding the contract begins.
The change in the order/terms: if the seller is not able to confirm – accept an order of the purchaser completely (for example 1 out of 4 items is not available) or he proposes its change or change of delivery terms due to other reasons, the purchaser has to be inform by an email or any other way about the fact. At the same time he is asked for his agreement or disagreement with the change. The purchaser is obliged to agree/disagree within two days from the change announcement. During this period the available items from his order shall be kept for the purchaser. Only by the acceptance of the seller of the suggested change in the order and by the purchaser a business contract is concluded. If the purchaser does not agree with it within the given period, the order is considered canceled completely and the seller’s proposal for the change is considered not accepted by the purchaser.
The purchase contract between the seller and the purchaser is concluded by acceptation of the order by both parties or by change acceptation by both parties. The contract set the obligation to the seller to deliver the goods and complete the contract upon general terms. The purchaser is obliged to take over the goods, pay the agreed price and complete his duties by general terms.
In particular cases and before sending the acceptance the seller has the right to ask the purchaser for additional documents, data or to verify the accuracy of personal data, email address or telephone number of the purchaser.
If the seller before or after concluding the contract finds a printing, systemic, human, delivery or any other mistake related to the goods, its price, quantity or possibility of its delivery, as well as in case of selling off the stock, inaccessibility of the goods or if he is not able to send goods to the purchaser within delivery period or for the agreed price, he has to inform the purchaser immediately. The purchaser and the seller in any of the mentioned cases have the right to void the order (purchaser) or to refuse it (seller). If this occurs after concluding the contract the seller is entitled to void the contract till the delivery to the purchaser. The purchaser is also entitled to void the contract under general terms and legislation. If the purchaser has already paid the purchase price, the sum shall be returned to him pursuant general terms and legislation. The seller is entitles to unilaterally void the contract and/or not to deliver the goods to the purchaser if he finds out the communication includes inaccurate or false data of the purchaser, the person for taking over the goods or if there is a danger due to the person behavior the seller communicated with a damage might occur for the seller (fraud behavior)
The purchaser is entitled to unilaterally void the contract in the period from concluding the contract up to the delivery. Possibilities of voiding the contract by the purchaser after taking over the goods is stated in general terms and legislation.
Neither the purchaser nor a seller is entitled to move the subject of the order to the third party.
Before sending the order the purchaser is entitled to carry out the acts and use technical means introduced in general terms to conclude the contract, find and correct technical mistakes.
RETURNS – VOIDING THE CONTRACT
Advise on the consumer rights to void the contract/implementation of the right to void the contract.
The purchaser has the right to void the contract without stating the reason within 14 days. The period for voiding the contract begins after 14 days from the day when the purchaser or the authorized third party excluding the delivery service takes over the goods. If the goods are delivered separately the period for voiding the contract starts after 14 days from the day when the purchaser or the authorized third party excluding delivery service takes over the last goods. When using the right to void the contract by a clear declaration (for example a letter by mail) to the address Herman Armin Ltd, Nad plážou 31, 974 01 Banská Bystrica, the Slovak Republic. The period for voiding the contract is respected if the purchaser sends a notice on the right use to void the contract before the period for voiding the contract finishes. Detailed terms are defined in the Act No 102/2014 Coll. Code. After voiding the contract the seller returns the purchaser all payments he is obliged to return. This does not include additional costs, if the purchaser chose a different way of delivery from the cheapest common way the seller offers. The seller returns the purchaser payments without delay, up to 14 days at latest from the day when the notice of the purchaser to void the contract is delivered. The payments shall be carried out by the same way as the original payment was used – the purchaser to the seller. (If not agreed differently, without charging extra fees.) The payment for the charged goods shall be paid to the purchaser after returning the ordered goods to the seller’s address up to 14 days from voiding the contract. The direct costs for returning goods falls upon the purchaser, within a distant contract also the costs for returning the goods that cannot be returned via standard mail. The purchaser is responsible for any decrease of goods value due to manipulation with goods by way different from the one necessary to find out the character and functions of the goods. The purchaser cannot void the contract pursuant to §7 sec.6 Act No 102/2014 Coll. Code.
The goods have to be returned undamaged, not used, without any marks of use and in its original case. The seller checks the returned goods and tests it. If the goods was returned to the purchaser undamaged and unused, the seller returns the paid price pursuant to general terms and legislation. On the contract grounds, the purchase price is returned by money transfer to the original account of the purchaser if not agreed differently.
In case of returning damaged goods used not in harmony with the use necessary for finding out the features and functions, the seller is entitled to charge replacement for damages or any other legal claims. He is entitled to add claims to the assets for returning the purchase price (excluding the goods returned because of proven guaranty damages)
If the terms for voiding the contract or proper return of the goods is breached, the seller is entitled to claim reimbursement for damages originating pursuant to relevant legislation.
The seller is entitled to keep and archive mutual documentation and the contract in its electronic form with related general terms for 5 years. The archived contract is not available for the purchaser. To conclude the contract Slovak language is used. The purchaser is entitled to reproduce basic contract terms in its electronic version pursuant to legislation. The contract is concluded for the period till settling the duties issuing from the contract or for the period till its voiding by general terms and legislation. Minimal period of purchaser is given by the legislation of the Slovak Republic, general terms and the contract.
For delivering electronic messages addressed to the purchaser the following has to be respected: if the seller does not receive any report on impossibility to deliver the message (email or text message) to the provided email address or telephone number of the purchaser (mobile phone), the message is considered to be delivered.
The message is delivered also if the addressee refuses to take it over or by mistake he does not take it over. Messages delivered via a delivery service (DHL, IN TIME, UPS) are considered delivered in the moment when the contractual party takes it over. If this fails the moment of delivery is considered the third day after the first delivery attempt and the delivery service proves it with the declaration. It is only the seller’s right to decide what delivery service to decide what form and what cases he communicates with the purchaser (texting, email, any other suitable way).
If it is not proved some provisions of general terms and/or the contract is invalid or inefficient, it does not affect validity and effect of other provisions of the contract and general terms. In such cases the contract parties are obliged to reimburse invalid or inefficient provisions to preserve the purpose of the relevant invalid or inefficient provision in the time of its acceptance or concluding the contract.
The governing law is the law of the Slovak Republic. All disputes issuing from general terms, the contract or in relations with them including disputes from goods delivery shall be decided by the courts of the Slovak Republic and pursuant to the legislation of Slovakia.
General terms are valid and efficient as of the day of publishing them on web site of the sellers and they can be read in the residence of the seller. The seller has the right to cancel, change, adapt or replace them with new provisions in the way the already concluded contracts follow the terms valid in the time of concluding the contract. By registration as well as by sending the order and a click on the agreement with general terms on www.pteryxknife.com when completing ordering the purchaser confirms he received all the information on the rights to void the contract pursuant to §3 section 1 h) Act No 102/2014 Coll. Code and he read them and agrees with general terms, returns policy as a part of the contract.
General terms as amended are published and in force as of 1st February 2016 and used for the orders made via the web site after the mentioned date.