Terms & conditions

Terms & conditions
Chacrys Company Ltd.

Article I.
General provisions

1. These terms and conditions apply to the sale and purchase of goods through an online store www.chacrys.com or other available means of distance communication.
2. These terms and conditions govern the rights and obligations of the parties under the agree-ments of purchase of a distance between the seller and the buyer, the subject of which is the sale and purchase of goods through an online store www.chacrys.com.
3. These terms and conditions are an integral part of the contract of sale specified in Art. I ods. 1 hereof. If the seller and the buyer enter into a written purchase contract in which they agree on conditions different from general business conditions, the provisions of the purchase agreement takes precedence over these general business conditions.
4. The subject of these terms and conditions is defining the rights and obligations of the parties under the contract and provide information in accordance with § 3 ods. 1 of Act no. 102/2014 Coll. Consumer Protection in the sale of goods or services under a distance contract or contracts negotiated away from business premises of the seller and on amendments to certain laws, as amended, and other relevant legislation.
5. These terms and conditions have been prepared in accordance with:
• Act. 40/1964 Coll. Civil Code, as amended,
• Act. 250/2007 Coll. on Consumer Protection as amended by subsequent legislation
• Act. 102/2014 Coll. Consumer Protection in the sale of goods or services under a distance contract or contracts negotiated away from business premises
Seller and on amendments to certain laws, as amended,
• Act. 22/2004 Coll. electronic commerce and on the amendment of Act no. 128/2002 Coll.
on State Control of Internal Market in Consumer Protection Issues and on amendments to cer-tain
Acts as amended by Act no. 284/2002 Coll. as amended by subsequent legislation and other relevant legislation.
6. These terms and conditions are listed in our online store www.chacrys.com and this allows for archiving and reproduction of the buyer.
7. Buyer by sending an order confirming that the Terms and Conditions thoroughly acquainted.
their content and understand the following wording with them unreservedly agrees.
8. The Parties may, before conclusion of the sales contract to agree to change these
business conditions, which ensures equality between the contracting parties.

Article II.
Definitions

1. The seller’s marketplace operator www.chacrys.com:
Business name: Chacrys s.r.o.
reg .: Commercial Register in Nitra, Sec. Ltd., vl. no.
Head: Svätojánska 3060/14 Komárno 945 01
Identification number: 50337254
Tax number: 2120290315
email: hello@chacrys.com
Tel .: +421 0908 480 728
2. The buyer is a natural or legal person who buys products or uses services, either as a con-sumer or entrepreneur.
3. The buyer is a consumer within the meaning of § 2. a) Act. no. 250/2007 Coll. on consumer protection, as amended ( ‘the Law on consumer protection) a natural person who, in concluding and performing the contract does not act within the scope of his business, employment or occu-pation.
4. Consumer contracts, each contract regardless of legal form, concluded between a supplier and a consumer.
5. distance contract is a contract between the seller and the consumer agreed and concluded solely by means of one or more means of distance communication without the simultaneous physical presence of the seller and the consumer in particular the use of the web site, e-mail, phone, fax, address bar, or order catalog.
6. The legal relationship between the seller and the buyer expressly regulated consumers these Terms and Conditions shall be governed by the relevant provisions of the Act. no. 40/1964 Coll. Civil Code, as amended (the “Obč. Act.”), Consumer Protection Act, Act no. 102/2014 Coll. Consumer Protection in the sale of goods or services under a contract concluded at a distance contract or an off-premises vendor and on amendments to certain acts, as subsequently amended, and other related regulations.
7. Buyer is an entrepreneur within the meaning of § 2 paragraph. 2 of the Act. no. 513/1991 Coll. Commercial Code, as amended (the “Commercial Code. Act.”)
a) a person registered in the Commercial Register,
b) a person who does business under the trade license,
c) a person who operates on the basis of other than trade license pursuant to special regulations,
d) a natural person engaged in agricultural production and is registered pursuant to a special regulation.

Article III.
Purchase contract

1. List of goods shopping website www.chacrys.com is a catalog of commonly delivered goods, the seller does not guarantee the immediate availability. Product availability will be confirmed by the buyer under the buyer’s questions.
2. goods offered by the seller can be ordered through any of the following means of distance communication:
web site,
e-mail,
by phone

2.1 An order via e-shop
When buying through an online store buyers select products based on the current menu and confirm it by clicking on the “Add to Cart”. After completing the collection of the goods the buyer receive the list of selected goods by clicking on the “Shopping Cart”. Order goods can only reg-istered users. Guests are required to fill in personal information and billing information, and ex-press acceptance of these terms and conditions. After logging buyer fills method of delivery and payment and sends a binding order, click on the “order with obligation to pay”.
The buyer has the option before its dispatch order to check and possibly fix it.

2.2 Orders by e-mail
When buying through an order by sending an email to be sent to hello@chacrys.com order stat-ing the exact name and code of goods, number of copies, name, last name, exact delivery ad-dress, phone number, email, payment method and delivery method. The condition for the validity of the order is to fill all of the above data.

2.3 Telephone reservations
When purchasing orders by telephone reported to phone. no. +421908480728 Need to give the name and code of goods, number of pieces, first name, last name, street address, telephone number, payment method and delivery method. Telephone orders should be confirmed mail un-der the same conditions as when ordering mail.
Information about individual technical steps necessary to conclude the purchase agreement arising from these terms and conditions.

3. The order placed by any means of distance communication is mandatory.

4. The consumer sending the order confirms that he understood that the order implies an obliga-tion to pay the price.

5. Immediately upon receipt of a binding order Seller confirms purchase contract on a durable medium. Delivery confirmation is considered a purchase contract concluded vyjímajúc case if the seller cancels the order, or part thereof if it is not possible for technical reasons to deliver the goods within the required time and under the terms of the order. In the event that this happens, the seller no later than two working days to contact the buyer to agree on how to proceed. If the buyer has already paid the order or a part thereof, and no agreement of the seller and the buyer for the provision of other goods of the same quality and price or on alternative performance, the seller undertakes to return to the customer within 15 days the account or address the price paid for the goods.

6. Confirmation of the contract of sale shall indicate in particular the name and specification of goods whose sale is subject to the purchase agreement, further details of the price of goods, an indication of the delivery time of goods, the name and address of the place where the goods are to be delivered and price data , conditions, method and deadline transport of goods to the agreed place of delivery of the goods to the buyer details of the seller.

7. The buyer has the right to cancel a firm order (cancellation) without giving any reason within 24 hours of its submission. Order cancellation is possible by mail or by phone. Cancel orders confirm the seller by phone or e-mail without delay.

8. The sales contract concluded between the seller and the buyer the seller is archived for at least five years for the purpose of its successful performance and fulfillment of the obligations of the seller arising from his specific legislation. The purchase contract is not available to non-participating third parties.

Article IV.
The rights and obligations of the parties

1. The subject of the purchase agreement, the rights and obligations of the parties.
2. The seller shall in particular:

a) provide consumers with information in accordance with the relevant provisions of the Law on Consumer Protection and Consumer Protection Act when selling goods or services on the basis of the distance contract or contracts negotiated away from business premises seller and amend-ing certain acts, as subsequently amended, and other relevant legislation,
b) pack the goods for transport to avoid its damage.
c) to supply consumers ordered goods to the destination properly and timely,
d) deliver to the purchaser at the latest with the goods all documents necessary for the proper acceptance and use of the goods in accordance with the relevant legislation.

3. The seller shall be entitled to payment of the purchase price duly and timely.

4. The buyer is obliged in particular:
a) timely receive the goods at destination.
b) to pay the seller the agreed purchase price when due, including the cost of delivery of goods, unless the parties have agreed that the cost of delivery of the goods shall be borne by the seller.
c) confirm the delivery note receipt of the goods or their signature signature of an authorized person.

5. Buyer acknowledges that in case of breach of contractual obligations arising from his pur-chase contract shall, in accordance with § 420 Obč. Act. for damage to the seller the breach occurred.

6. The buyer has the right to the seller to deliver the goods properly and on time.

7. Any disputes arising in connection with the contract, attached with these terms and conditions shall be resolved exclusively by law Slovak law.

Article V.
The price of goods or services

1. Prices of individual products to a shopping website www.chacrys.com current and valid. Are presented in euros and excluding VAT.

2. Evidence of the sales price of the goods, including the invoice accompanying the consign-ment, and also serves as delivery and warranty.

3. The seller reserves the right to fix the price of goods before dispatch of the goods, in case if it finds that the goods are offered at incorrect prices. In this case, the buyer must notify the correct price and the price adjustment has to agree. In case the buyer does not agree with the price ad-justment will proceed in accordance with the vendor sentence of the second paragraph. In Art. III.

Article VI.
Shipping and handling

1. Delivery of goods in Slovak Republic:

1.1 Delivery of goods by courier:

1.2 Personal collection

Personal collection of goods is possible at Svätojánska 3060/14 Komárno 945 01 depending on the telephone dohody.V this case, postage charge.

2. The seller does not charge postage and packing, unless a given product indicated otherwise.

Article VII.
Terms of payment

1. The buyer must pay the purchase price agreed in the contract including the cost of delivering the goods.

2. The buyer must pay the purchase price agreed in the contract on the due date, but not later than on receipt of goods.

3. The buyer may pay the purchase price in the following ways:

3.3 Payment Gateway Pay Pal
Price for the ordered goods buyer pays in online mode immediately after the reservation goods through the payment gateway of Pay-Pal

Article VIII.
Terms of Delivery

1. The seller undertakes to deliver the ordered goods to the buyer within 30 days from the date of order confirmation, respectively. payment of the invoice if the buyer chose to pay the price by bank transfer. Usually, however, the seller delivers the goods to the buyer within 14 working days. Unless it is possible to deliver the goods within the specified period, the Parties agreed to provide additional period of time. If the buyer does not agree to the additional period for delivery of goods can withdraw from the contract and if the purchase price already paid, this will be re-turned to him.

2. The cost of goods depends on the shipping method selected, the exact calculation of the cost of delivery will be displayed in the order in choosing the method of delivery.

3. The buyer is obliged to accept the goods in a place that is specified in the order, or in person to ensure the goods are taken over by their authorized representative.

4. From the moment of delivery to the transport carrier is liable for any damage to the carrier. It is therefore necessary that the purchaser or a person authorized for goods at the check if con-tainer in which goods are packaged, is not damaged. In case of damage, it is necessary to refuse acceptance of goods and writings record with the carrier or accept the goods and on the spot rather to the carrier (Slovak mail, courier) a record of identified defects caused during transport. Returned goods immediately replaced with a new dispatch.

5. If the buyer finds damaged goods, incompleteness shipment or other defect after acceptance, it must disclose that fact without undue delay. Incomplete or damaged shipment is required without undue delay to a hello@chacrys.com.

6. In the event that the buyer takes over the goods Despite the obvious damage to the packag-ing, the seller may not recognize any subsequent claim for this reason.

7. Upon receipt of the goods the buyer or his representative, shall sign the delivery note.

8. Buyer acknowledges that in case of breach of the obligation to accept the goods properly and in time the Seller is entitled to compensation for damage suffered by it in connection with this violation constituted in accordance with § 420 Obč. Act. After 14 days from the date when the buyer is obliged to accept the goods, the seller is entitled to withdraw from the contract and sell the goods to third parties.

9. If it is due to the absence of the buyer at the place designated in the contract of supply of goods need to be repeated, or the seller suspects that this is a speculative stock Seller reserves the right to re-deliver the goods to the buyer only after payment of the full purchase price and delivery costs.

10. The buyer is in case of non-delivery within the term under Art. VIII paragraph. 1 hereof may withdraw from the contract.

11. If the seller fails to meet contract for goods ordered can not be supplied or the services can not be provided, it shall immediately inform the buyer and the consumer within 14 days of his return paid price or advance, if the seller and buyer agree on compensation.

Article IX.

Acquisition and transfer of risk of damage to goods

1. The purchaser – the entrepreneur acquires title to the goods until full payment of the full pur-chase price for the goods and the buyer – the consumer acquires title to the goods at the time of its receipt from the seller.

2. Risk of damage to the goods passes to the buyer when he takes over the goods from the sel-ler or when to do so in a timely manner and at a time when the seller to dispose of the goods and the goods are not buyers.

Article X.

Withdrawal

1. The seller shall be entitled to cancel the contract,

a) if it is able to deliver the goods to the buyer properly and in time, mainly due to the unavaila-bility or while supplies goods

b) if it is able to deliver the goods to the buyer, for technical reasons, the goods are no longer produced does not provide, significantly changing the price by the supplier or from other objec-tive reasons,

c) if it has reasonable doubts about the correctness of the data provided by the buyer,

d) if he has reasonable grounds to suspect that this attack “hacker” or other attack on e-commerce

2. The withdrawal by the seller, the customer will be informed by telephone or e-mail, and if they have a purchase price or a part of the payment, the funds it will be returned within 15 days to the designated account, unless the seller agrees otherwise.

3. Termination by the buyer, the consumer shall be governed by the relevant provisions of Law no. 102/2014 Coll. Consumer Protection in the sale of goods or services under a contract con-cluded at a distance contract or an off-premises vendor and on amendments to certain acts, as subsequently amended.

4. The consumer shall be entitled without giving a reason to withdraw from the distance contract or of contracts negotiated away from business premises Seller within 14 days from the day:

a) receipt of goods

b) contract for providing services

c) conclusion of a contract for the provision of electronic content which is not supplied on a tang-ible medium.

5. Goods shall be considered by the consumer the moment the consumer or a third person other than the carrier takes over all of the goods ordered, or if

a) the goods ordered by the consumer in one order and supplied separately, on receipt of goods that came as the last,

b) supplies of goods consisting of multiple lots or pieces, the time of receipt of the last lot or piece.

c) goods are delivered repeatedly for a limited period, on receipt of the goods delivered first.

6. The consumer can withdraw from the contract, the subject of which is the delivery of goods, even before the commencement of the period of withdrawal.

7. The consumer can withdraw from the contract, the subject of which is:

a) provision of services if performance has begun, with the express consent of the consumer and the consumer said that he was well informed about the expression of consent loses his right of withdrawal after full disclosure of service, and there is a full service provided,

b) the sale of goods or services whose price depends on fluctuations in the financial market that the seller can not influence and that may take place during the period for withdrawal,

c) the sale of goods made to the specific requirements of the consumer, custom orders or goods intended for one particular consumer

d) sale of goods enclosed in a protective cover that is not suitable for return due to health pro-tection or hygiene reasons and protective packaging has been broken after delivery.

e) the sale of goods which may be due to its nature after delivery inseparably mixed with other goods,

f) carrying out urgent repairs or maintenance for which the consumer has expressly requested the seller; It does not apply to service contracts and contracts involving the sale of goods other than replacement parts necessary to perform repairs or maintenance, if concluded during a visit by the seller to the consumer and the consumer has ordered those goods or services not ordered in advance.

g) sale of audio recordings, video recordings, audio recordings, books and computer software sold in a protective case if the consumer packaging unwrapped,

h) provision of electronic content other than on a tangible medium if the performance has be-gun with the express consent of the consumer and the consumer said that he was well informed about the expression of consent loses his right of withdrawal.

8. In accordance with Art. X ods. 7 letter. h) hereof, the consumer is not entitled to terminate the contract, the subject of which is the purchase of goods – electronic equipment that forms an integral part of the software provided by the seller, unless the performance has begun with the express consent of the consumer and the consumer said that he was well informed about the expression of consent loses his right of withdrawal.

9. The consumer goods firm order – an electronic device that is an integral part of the software provided by the seller gives express consent to the commencement of the provision of computer software and declares that he has been duly informed that the expression of consent loses his right of withdrawal.

10. The consumer may exercise the right of withdrawal by email on hello@chacrys.com, in pa-per form or in the form of minutes on another durable medium. The consumer may use the form of withdrawal.

11. The legal action for withdrawal from the contract may be given by the person in any of the stores or the seller sent in paper form to the following address:

Chacrys. s.r.o.

Midsummer 3060/14

945 01 Komárno

or mail to hello@chacrys.com

12. The period for withdrawal shall be deemed observed if the notice of withdrawal has been sent to the seller no later than the last day of that period.

13. The consumer is obliged, within 14 days from the date of withdrawal send back the goods or hand them over to the seller or a person authorized by the seller for delivery. This does not apply if the seller suggests to collect the goods personally or through its authorized persons. The period in the first sentence shall be deemed observed if the goods are handed over for carriage by the last day of the period.

Consumer goods to the seller will send to the following address:

Chacrys s.r.o.

Midsummer 3060/14

945 01 Komárno

14. The seller is obliged, without undue delay, no later than 14 days from the date of the notifi-cation of withdrawal reimburse all payments received from him under contract or in connection therewith, including the cost of shipping, delivery and postage and other costs and charges. The seller is obliged to reimburse these payments in the same manner used by the consumer in their payment. This does not affect the consumer’s right to negotiate with the seller on another payment method if in the context of those consumers will not be charged any additional fee.

15. The parties may agree that instead of returning the purchase price the seller will replace the returned goods for other goods from the offer of equivalent value.
16. If the contract is, the subject of which is the sale of goods, the seller is not obliged to reim-burse payments before the goods are delivered to him or the consumer has supplied evidence to send the goods back to the seller, unless the seller suggests to collect the goods personally or through its authorized person.

17. The seller is not obliged to pay additional costs to the consumer if the consumer has ex-pressly opted for another method of service than the least expensive conventional method of service offered by the seller. Additional costs means the difference between the cost of delivery chosen by the consumer, and the cost of the cheapest current method of delivery offered by the seller.

18. In case of withdrawal the consumer shall bear the cost of returning the goods to the seller or a person designated by the seller and the receipt of goods in case of withdrawal from the dis-tance contract and the cost of returning goods which by their nature can not be returned by post.

19. In case of withdrawal the consumer is responsible for the diminished value created as a consequence of such treatment of goods that are beyond treatment necessary to determine the characteristics and functioning of the goods.

20. The seller advised the buyer to insure the goods which are subject to recovery. The risk of damage to the goods which are to be repaid shall be borne by the buyer until the moment of receipt of the goods by the seller.

21. If the buyer fails to deliver the goods at the latest, together with the notice of withdrawal, it prompts the seller by phone or e-mail to complete the missing information or attach the missing required documents. If the consumer or within the additional period no notification of withdrawal, or fails to complete the missing data, the seller reserves the right to discontinue the handling of the return and the goods will be returned to the purchaser at the address specified in the order.

22. If the goods provided with gifts, Buyer acknowledges that the donation contract concluded between the parties is bound to the purchase agreement. If the purchaser exercises the right to withdraw from the contract, donation contract expires and the buyer is required along with the returned goods to return the related gifts given.

24. Withdrawal buyer entrepreneurs are governed by the relevant provisions of the Commercial Code. Act.

Article XI.

Seller’s liability for defects

1. Legislation liability of the seller for defects in relation to a purchaser who is a consumer shall be governed by § 620 et seq. Civil Code. Act.

2. The seller is responsible for defects of the sold thing on receipt by the buyer. When used items is not liable for defects caused by their use or wear. When things sold for a lower price shall not be liable for defects for which was negotiated a lower price.

3. If it is not a matter which spoil quickly, or used items, the seller is liable for defects that occur after taking the matter under warranty (warranty).

4. The warranty period is 24 months. If the transmission of the case, its packaging or instructions attached to it indicated period of use, the warranty period ends before the deadline.

5. In the event that the buyer is a businessman, the parties in accordance with § 429 paragraph. 2 Commercial. Act. agree on a guarantee period of 12 months.

6. At the request of the buyer, the seller must provide a guarantee in writing (warranty). Where the nature of things allows suffice in lieu of guarantee bonds issued proof of purchase.

7. Warranty document provides indication of seller (name, business name or the name of the seller, his residence or place of business), content security, the scope and terms, the length of the warranty period and the data necessary for the application of safeguards. If the warranty card does not contain all the elements, it does not void the warranty.

8. The guarantee certificate is your proof of purchase – invoice, which serves as a delivery note.

9. The warranty period starts from takeover of the buyer.

10. The warranty does not cover normal wear and tear, mechanical damage, etc.

Article XII.

Reclamation conditions

Terms of the claim shall be governed by the relevant provisions of the complaints procedure adopted by operators and published on the site www.chacrys.com

Article XIII.

The contract

The purchase contract is concluded for a definite period, until the proper fulfillment of the obliga-tions of both parties under the contract and these terms and conditions, which are an integral part thereof.

Article XIV.

Privacy

1. Information about data subjects (buyers) operator is processed in accordance with the Act. no. 122/2013 Coll. Personal Data Protection, as amended.

2. The seller provides information pursuant to § 15. 1 of Act no. 122/2013 Coll. on Protection of Personal Data as amended legislation the person concerned through the website in the “Priva-cy”:

Article XV.

Final provisions

1. These terms and conditions apply as stated on the website online store www.chacrys.com the date of dispatch of order by the buyer, unless the parties agree otherwise.

2. The operator reserves the right to change these terms and conditions as it will require a change in business policy or legislation.

3. These terms and conditions shall come into force and effect on 1.6.2016.