Business terms

Tesyl online store

Article I
General provisions

1. These terms and conditions (hereinafter referred to as "terms and conditions") govern the rights and obligations of the contracting parties that arose in connection with the conclusion of a sales contract between the merchant and the buyer, the subject of which is the sale of goods through the merchant's online store operated on the website www.tesyl.sk, www.tesyl.com, www.tesyl.it, www.tesyl.de, www.tesyl.es (hereinafter referred to as "online store" or "Tesyl").
2. These terms and conditions are an integral part of the purchase contract specified in Art. 1 paragraph 1 of these terms and conditions (hereinafter referred to as "purchase agreement"). In the event that the merchant and the buyer enter into a written sales contract in which they agree on terms different from the general business terms and conditions, the provisions of the purchase contract will take precedence over the general business terms and conditions.
3. These terms and conditions are drawn up in accordance with:
   • by law no. 40/1964 Coll. Civil Code, as amended,
   • by law no. 513/1991 Coll. Commercial Code as amended by later legislation,
   • by law no. ..... Z. z. on consumer protection as amended by later legislation,
   • by law no. 22/2004 Coll. on electronic commerce and on amendments to Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended by later legislation,
   • 452/2021 Coll. on electronic communications as amended by later legal regulations,
   • by law no. 391/2015 Coll. on alternative resolution of consumer disputes as amended by later legislation and other relevant legislation.
4. Legal relations between the merchant and the buyer not expressly regulated by these terms and conditions are governed by the relevant provisions of the above-mentioned legal regulations, while the legal relations between the merchant and the consumer buyer are governed by the Civil Code and the Consumer Protection Act, and the legal relations between the merchant and the purchasing entrepreneur are governed by the Commercial Code.
5. These terms and conditions are drawn up in the Slovak language. The purchase contract can be concluded in the Slovak language.
6. By sending the order, the buyer confirms that he has thoroughly familiarized himself with the terms and conditions and understands their content.

Article II
Definitions

1. A merchant is a person who, in connection with a consumer contract, an obligation arising from it or in business practice, acts within the scope of his business activity or profession, including through another person who acts on his behalf or on his account.
2. The merchant is the owner of the online store operated on the Tesyl website: Trade name: Tesyl s.r.o. reg.: Company Tesyl s.r.o. is registered in the Commercial Register of the District Court of Nitra, Department: Sro, File number: 34773/N Registered office/place of business: Nový Perješ 174/16, 946 32 Marcelová, Slovak Republic ID number: 47345292 VAT number: 2023824418 VAT number: SK2023824418 email: sales@ tesyl.com tel. no: +421940863983
3. A buyer is a person who buys products or uses services, either as a consumer or an entrepreneur.
4. A consumer is a natural person who, in connection with the consumer contract, the obligations arising from it or in business practice, does not act within the scope of his business activity or profession.
5. He is an entrepreneur
   • a person registered in the commercial register,
   • a person who does business on the basis of a trade license,
   • a person who does business on the basis of a license other than a trade license according to special regulations,
   • a natural person who carries out agricultural production and is registered in accordance with a special regulation.
6. Goods are any tangible movable thing; the goods also include electricity, water or gas, which are for sale in a limited volume or in a specified quantity, and a material carrier that serves exclusively as a carrier of digital content, in particular CD, DVD, USB stick and memory card.
7. A service is any activity or performance that is offered or provided to a consumer, including a digital service and activities regulated by special regulations that are supervised or supervised by professional chambers or other public administration bodies, such as supervisory bodies in the field of consumer protection.
8. A product is a good, service, digital content, real estate, electricity, water or gas that is not for sale in a limited or specified quantity, heat, rights and obligations.
9. The purchase contract is the contract concluded between the trader and the buyer through this online store or in another suitable way according to the conditions agreed in these terms and conditions.
10. A consumer purchase contract is a purchase contract concluded between a trader as a seller and a consumer as a buyer, if the subject of the purchase is any movable item, including an item with digital elements, even if the item is still to be manufactured or made to, among other things, according to the buyer's specifications.
11. An online store is a website located at the addresses of Tesyl, through which the contracting parties can conclude a purchase contract.
12. The supervisory body is: Slovak Trade Inspection (SOI), SOI Inspectorate for the Nitra region, Staničná 9 P. O. BOX 49A 950 50 Nitra 1, Department of Supervision Tel. no. 037/772 02 16

Article III
User account

1. By registering on the website, the buyer can create a user account through which he makes and monitors the current status of orders, records order data, or uses various benefits provided by the merchant for registered buyers.
2. Creating a user account is free.
3. The buyer is obliged to provide true data in the registration form to the extent specified by the merchant. The buyer is obliged to update the data in the user account when they change.
4. Access to the user account is protected by a username and password. The buyer is obliged to protect the login data in order to prevent third parties from accessing his user account. The buyer is not authorized to make the user account available to third parties.
5. The buyer can cancel the user account at any time.
6. The merchant reserves the right to cancel the buyer's user account in the event that he has violated these terms and conditions or if he is inactive, i.e. j. if he has not logged into his user account for more than 3 years.
7. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the merchant's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
8. The buyer can order products and conclude a purchase contract with the merchant even without registration.

Article IV
Conclusion of the purchase contract

1. The list of products on the website of the online store is a catalog of normally delivered goods, and the merchant does not guarantee the immediate availability of all listed products. The availability of products is indicated for each of them separately, or will be confirmed by the merchant based on the buyer's request.
2. The goods offered by the merchant can be ordered through one of the following means of remote communication:
   • online store
   • by email,
   • by phone.
3. Order through the online store
   where, after summarizing the selected goods, you will fill in the billing and delivery information, choose the method of delivery and payment. He will confirm the order bindingly and send it by clicking on "Order with payment obligation". Before sending the order, the buyer has the opportunity to check and change the data specified in the order.
4. Order by e-mail
   When sending an order via email, the buyer will include the following information in the email sent to sales@tesyl.com:
   • Name and surname of the buyer,
   • Billing information,
   • The address for the delivery of the goods, if it is different from the billing address, by telephone.
   • Phone number and email,
   • Product code or exact name,
   • Number of pieces of each item,
   • Selected payment method,
   • Selected mode of transport, and in the case of a legal entity:
   • Company ID and VAT nr. and of the trading company,
   • The contact person, her tel. no. and email,
   • Billing information
   • The delivery address, if it is different from the billing address.
5. Telephone order
   When placing a telephone order, the buyer informs the merchant by telephone of the data according to par. 4 of this article. The merchant summarizes the order and sends it to the buyer by email for confirmation. The order created by the merchant must be confirmed by email by the buyer within 7 days, otherwise the merchant will not consider it.
6. An order that does not contain the above information may not be valid.
7. An order made through any means of remote communication is binding.
8. Depending on the nature of the goods (e.g. quantity of goods, delivery costs, etc.), the trader is entitled to ask the buyer for additional confirmation of the order, e.g. by phone or email.
   
9. The data provided in the order are considered correct by the trader, and the trader is not responsible for any damage caused by the buyer entering incorrect or incomplete information.
10. After receiving the binding order, the merchant will confirm the conclusion of the purchase contract by e-mail to the email entered in the order, with the business conditions in pdf format in the valid wording attached. Upon delivery of the confirmation, the purchase contract is considered concluded. The contract concluded in this way is binding, it can only be changed or canceled based on the agreement of both contracting parties or for the reasons stated in these terms and conditions or in the law.
    
11. The buyer agrees to use the means of remote communication without the physical presence of the merchant and the consumer, especially using the internet store, e-mail, telephone, etc. when concluding a purchase contract. The costs for the use of means of long-distance communication, which arise in connection with the conclusion of the contract with the buyer, are paid by the buyer himself, while these do not differ from the basic rate.

Article V
Rights and obligations of the contracting parties

1. The subject of the purchase contract is the rights and obligations of the contracting parties.
2. In particular, the trader is obliged to:
   • provide the consumer with information in accordance with the relevant provisions of the Act on Consumer Protection and other relevant legal regulations,
   • pack the goods for transport so that they are not damaged,
   • deliver the ordered goods to the consumer properly and on time,
   • deliver to the buyer together with the goods at the latest all the documents necessary for proper acceptance and use of the product in accordance with the relevant legal regulations.
3. The merchant has the right to pay the purchase price properly and on time.
4. In particular, the buyer is obliged to:
   • take over the goods at the destination,
   • to pay the merchant's agreed purchase price within the due date, including the cost of delivery of the goods, unless the contracting parties have agreed that the cost of delivering the goods shall be borne by the merchant.
5. The buyer has the right to have the product delivered by the merchant properly and on time.

Article VI
Product price and payment terms

1. The selling prices of individual goods are current and valid on the website of the online store. They are listed without value added tax (VAT) as our offer is mainly intended for foreign business entities (B2B) and all other taxes per unit of goods. Prices are valid for the period of publication on the website.
2. Prices are not adjusted to the buyer based on automated decision making.
3. The purchase price is stated in the order form just before the binding order is sent, and consists of the selling price of all selected goods, including all taxes and fees and delivery costs, which the buyer must pay to obtain the goods. Before sending the order, the buyer has the opportunity to check and correct it.
4. If the merchant provides a discount on the goods, he will also state the previous price of the goods, for which they were sold in a period of no less than 30 days.
5. The buyer is obliged to pay the purchase price agreed in the purchase contract, including the costs of packaging and delivery of the goods, within the due date, but no later than upon receipt of the goods. It can only be changed based on the agreement of the contracting parties.
6. The buyer can pay the purchase price in the following ways:
   • PAYMENT IN ADVANCE BY BANK TRANSFER
     The buyer pays the purchase price by bank transfer according to the data specified in the order confirmation or advance invoice.
   • ONLINE THROUGH THE PAYMENT SYSTEM
     The buyer pays the purchase price online via Paypal,
   • ONLINE BY PAYMENT CARD
     The buyer pays the purchase price online using a payment card.
   • PAYMENT BY BANK TRANSFER
     On invoice after individual discussion with the buyer
7. If the buyer chooses one of the methods of paying the purchase price in advance, before the delivery of the goods, the purchase price is valid within 7 days. If the buyer does not pay the purchase price within the specified period, the merchant has the right to withdraw from the contract, thereby canceling the order.
8. The merchant does not require a deposit or other similar payment from the buyer. This does not affect the provision on the payment of the purchase price in advance
9. The proof of sale, including the price of the goods, is the invoice (tax document), which is attached to the shipment or sent by email, while also serving as a delivery and warranty certificate.
10. If the buyer is an entrepreneur, in the event of his delay with any payment or part thereof, the merchant has the right to demand from the buyer the payment of a contractual penalty in the amount of 0.1% of the amount due for each day of delay until payment. The contractual penalty is due within 15 days of receiving the call for payment. Payment of the contractual penalty does not affect the claim for damages.

Article VII
Terms of Delivery

1. The cost of delivering the goods is borne by the buyer, unless otherwise agreed between the contracting parties. Delivery costs will be precisely calculated in the order form after choosing the desired delivery method
2. The buyer can choose one of the following delivery methods:
   • By UPS courier
   • Couriers offered via Packeta
   • By post
3. If it is not possible to determine the price for delivery in advance in the order form (e.g. for delivery abroad or oversized shipment), it will be determined individually based on the carrier's current conditions.
4. The trader undertakes to deliver the ordered goods to the buyer without undue delay, no later than 30 days from the date of confirmation of the order, unless the parties have agreed otherwise. The merchant usually ships the shipment within 2 days. The buyer will be informed about the dispatch of the goods by email.
5. The buyer is obliged to take over the goods at the place specified in the order, personally or to ensure that the person designated by him takes over the goods. The goods are delivered at the moment when they are taken over by the buyer or a person designated by him or when the seller hands them over to a carrier appointed by the buyer outside of the transportation options offered to the buyer by the seller.
6. If the merchant does not deliver the ordered goods on time, the buyer may withdraw from the contract even without providing an additional deadline for performance, if
   • the merchant refused to deliver the goods,
   • timely delivery was extremely important considering all the circumstances of the conclusion of the contract, or
   • the buyer informed the trader before concluding the contract that timely delivery is extremely important.
7. After withdrawing from the contract according to par. 6 of this article, the merchant shall return to the buyer without undue delay everything he received from him under the contract.
8. From the moment the goods are handed over to the carrier for transport, the carrier is responsible for any damage. For this reason, the buyer, who is an entrepreneur, is obliged to check the integrity of the packaging of the shipment when taking over the goods from the carrier and, in the event of any defects, to notify the carrier immediately. The merchant strongly recommends this to the buyer who is a consumer. In the event of an obvious violation of the packaging, which indicates unauthorized intervention in the shipment, the buyer does not have to take over the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods was intact.
9. If the buyer, who is an entrepreneur, receives damaged goods, he is obliged to keep them in their original condition and in their original packaging as they received them. The goods are not authorized to be repackaged in another package and to be manipulated in any way. The merchant recommends doing so to the buyer who is a consumer.
10. After taking over the goods, the buyer inspects the goods and without undue delay informs the trader about the detected defects. In the event that the buyer discovers damage to the goods or another defect only after taking them over, he shall notify the merchant of this fact without undue delay to the email sales@tesyl.com

Article VIII
Acquisition of ownership and passing of the risk of damage to the goods/h4>

1. Ownership of the item sold and the risk of accidental damage, accidental deterioration and loss shall pass to the buyer at the time of delivery.

Article IX
Customer reviews

1. The merchant publishes on the online store and possibly in other convenient places customer reviews. Reviews are not verified.

Article X
Withdrawal from the contract

1. Withdrawal from the contract by the buyer who is a consumer is governed by the relevant provisions of the Consumer Protection Act. The withdrawal from the contract by the buyer who is an entrepreneur is governed by the relevant provisions of the Commercial Code, while the provisions of this article do not apply to him.
2. The consumer has the right to withdraw from a contract concluded at a distance or from a contract concluded outside the business premises even without giving a reason within 14 days from
   • acceptance of the goods by the consumer according to par. 5 of this article,
3. The trader can extend the deadline for withdrawing from the contract. It informs the consumer about a possible decision to extend this period in a demonstrable way.
4. If the trader provided information about the right to withdraw from the contract to the consumer only subsequently, but no later than within 12 months from the start of the withdrawal period, the consumer can withdraw from the contract within 14 days from the day when the trader additionally fulfilled the information obligation. If the trader has not provided the information even within 12 months, the consumer may withdraw from the contract within 12 months of the expiry of the period according to par. 2 of this article.
5. The goods are considered to be taken over by the consumer at the moment when the consumer or a third party designated by him takes over all parts of the ordered goods, or if
   • the goods ordered by the consumer in one order are delivered separately, at the moment of taking over the goods that were delivered last,
   • delivers goods consisting of several parts or pieces, at the moment of taking over the last part or last piece,
   • supplies the goods repeatedly during a certain period of time, at the moment of taking over the first goods
6. The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the withdrawal period.
   When the consumer does not have the right to withdraw from the contract
7. The consumer acknowledges that in the cases established in § 19 par. 1 of the Consumer Protection Act does not have the right to withdraw from the contract without giving a reason within 14 days. This is particularly the case when it is the subject of a contract
   • delivery of goods manufactured according to the consumer's specifications or goods made to measure,
   • goods purchased at a public auction.
   
   How can the consumer exercise the right to withdraw from the contract
8. The consumer can exercise the right to withdraw from a contract concluded at a distance or from a contract concluded outside the merchant's premises in any of the following ways:
   • by sending a notice in writing to the merchant's registered office
   • by e-mail by sending a notice to sales@tesyl.com,
   • electronically by filling out the form on the merchant's website,
   • orally, if the contract was also concluded orally.
9. He can use the model form for withdrawing from the contract.
10. For early withdrawal from the contract, the consumer must send a notice of withdrawal no later than the last day of the deadline. Failure to accept the shipment itself is not considered a withdrawal from the contract.
11. If the consumer has withdrawn from the contract through the website, the trader will confirm its delivery immediately after the notification has been delivered.
12. In case of withdrawal from the contract, every supplementary contract is also cancelled, this does not apply if the contracting parties expressly agree on the duration of the supplementary contract. In this case, the consumer bears the costs of returning the goods that were the subject of the supplementary contract.
13. The consumer is obliged within 14 days from the date of withdrawal from the contract to send the goods back or hand them over to the merchant, or to a person authorized by him. This does not apply if the trader proposes to pick up the goods in person or through a person authorized by him. The deadline is considered to have been met if the consumer sends the goods no later than the last day of the deadline.
14. The costs of returning the goods to the trader are borne by the consumer. This does not apply if the merchant has agreed that the costs of returning the goods will be borne by him.
15. The consumer is responsible for the decrease in the value of the goods, which occurred as a result of handling the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods.
16. The merchant recommends that the buyer insure the goods that are subject to return. The buyer bears the risk of damage to the goods, which are the subject of return, until the moment the goods are taken over by the merchant.

Article XI
Obligations of the merchant upon withdrawal from the contract

1. The trader is obliged to return to the consumer all payments received from him on the basis of or in connection with the contract, including costs of transport, delivery, postage and other costs and fees, or part of it if the consumer has not withdrawn from the entire contract. The merchant cannot charge the consumer additional costs for shipping, delivery, postage and other costs and fees.
2. The trader is not obliged to return the payments to the consumer before the goods are delivered to him or until the consumer proves that the goods have been sent back to the trader, unless the trader proposes to pick up the goods in person or through a person designated by him.
3. If the consumer has chosen a different method of transport than the cheapest one offered by the trader, the trader will refund him the cost of delivering the goods only in the amount of this cheapest transport.
4. The merchant will return the payments to the consumer in the same way that the consumer used to pay them, unless otherwise agreed.
5. The merchant reserves the right not to accept the goods sent by the buyer on cash on delivery.
   

Article XII
Non-acceptance of ordered goods

1. The buyer is obliged to take over the ordered goods at the local destination.
2. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
3. If the buyer does not accept the ordered goods without withdrawing from the purchase contract in accordance with Art. X of these terms and conditions, it is considered a breach of the purchase contract for reasons on the part of the buyer, as a result of which the merchant is legally entitled to withdraw from the purchase contract and demand compensation from the buyer according to § 420 of the Civil Code.
4. When determining the amount of damage, the merchant is primarily based on the costs involved in delivering the goods to the destination.
5. The merchant has the right not to claim compensation for damages or to claim it only in part.

Article XIII
Withdrawal from the contract by the merchant

1. The merchant has the right to withdraw from the contract if he is not able to deliver the goods to the buyer properly and on time, especially due to the stock being sold out or the goods not being available. The buyer will be informed of the withdrawal from the contract by e-mail, and in case of payment of the purchase price or part of it, the funds will be returned to him within 14 days to the account specified by him, unless otherwise agreed with the merchant.

Article XIV
Dispute resolution

• Legal relations that arise between the merchant and the buyer in connection with the use of the online store and the conclusion of the contractual relationship are governed by the legal order of the Slovak Republic.
• The participants in this legal relationship have agreed that in the event of a dispute, jurisdiction is given to the courts of the Slovak Republic.
• Consumer complaints are dealt with by the trader via a contact e-mail address. It sends information about handling complaints to the buyer's e-mail address.
• In the event of a dispute between the merchant and the consumer, the consumer is entitled to contact the merchant with a request for redress if the consumer is not satisfied with the way the complaint was handled or if he believes that the merchant has violated his rights. A request for correction can be sent by e-mail to sales@tesyl.com or by mail to the merchant's address. If the merchant answered the request in the negative or did not respond to it within 30 days from the day it was sent, the consumer has the right to submit a proposal to start an alternative dispute resolution to one of the alternative dispute resolution entities.
• The consumer can submit a proposal for the initiation of alternative dispute resolution to the relevant entity of alternative dispute resolution, which is the Slovak Trade Inspection (www.soi.sk).
• The consumer can also file a complaint through the alternative dispute resolution platform RSO, operated by the EU. A complaint can be filed by filling out the online form at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK The consumer has the right to choose among the subjects of alternative dispute resolution.
• The resolution of disputes by some of the subjects of alternative dispute resolution can only be requested by the consumer, and it only concerns disputes arising from consumer contracts concluded at a distance.

Article XV

The merchant's responsibility for defects and complaint conditions

1. The merchant's responsibility for defects and the conditions for the application and handling of the complaint are governed by the relevant provisions of the complaint procedure adopted by the operator and published on the Tesyl website.

Article XVI
Validity of the contract

1. The purchase contract is concluded for a certain period of time, until the obligations of both contracting parties arising from the purchase contract and these terms and conditions, which are an integral part of it, have been properly fulfilled.

Article XVII
Privacy

1. Personal data of buyers is processed by the merchant in accordance with the Regulation of the European Parliament and the Council no. 2016/679 on the protection of natural persons in the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR") and Act No. 18/2018 Coll. on the protection of personal data (hereinafter referred to as the "Act on Personal Data Protection").
2. The conditions for processing personal data by the merchant are specified on the Tesyl website in the Personal Data Protection section.

Article XVIII
Final provisions

1. These terms and conditions apply as stated on the Tesyl online store pages on the day the order is sent to the buyer, unless the parties agree otherwise.
2. The merchant reserves the right to change these terms and conditions at any time, if this is required by a change in business policy or applicable legislation.
3. When using the website, the buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on its operation. The website can only be used to the extent that it does not harm the rights of other visitors and is in accordance with its purpose.
4. The buyer acknowledges that the merchant is not responsible for errors arising as a result of the intervention of third parties in the website or as a result of the use of the website contrary to its purpose.
5. These terms and conditions are drawn up by the law firm Lanikova Group, s.r.o. for the operator of the online store, while they are protected in accordance with Act 185/2015 Coll. Copyright Act as amended by later legislation. Without the consent of the author, it is forbidden to use this author's work in any way, in particular, but not exclusively, to copy, publish, change, modify, expand and otherwise abuse.
6. These terms and conditions become valid and effective on March 14, 2024