These Terms and Conditions apply to e-purchasing from www.gras.sk and its subpages. The purpose of these Terms and Conditions is to define and specify the rights and obligations of the Vendor (Supplier), on the one hand, and the Purchaser (Customer, Consumer), on the other hand.
The Vendor and Operator of www.gras.sk is Gras SK s.r.o., established at Sovietskychhrdinov 243/88, 089 01 Svidník, Comp. ID: 44764324, Tax No.: 2022829248, VAT No.: SK2022829248.
The Vendor and the Purchaser enter into all contractual relationships in accordance with the laws of the Slovak Republic. Where a party to a contract is a Consumer (B2C Sale), legal relationships not regulated by the Terms and Conditions of gras.sk are governed by Act 40/1964 Coll. The Civil Code, as amended; by Act 250/2007 Coll. on Consumer Protection, as amended; and by Act 108/2000 Coll. on Consumer Protection in Doorstep Selling and Distance Selling, as amended. Where a party to a contract is a Business (B2B Sale), legal relationships not regulated by the Terms and Conditions of gras.sk are governed by Act 513/1991 Coll. The Commercial Code, as amended.
Consumer Contract – is a contract of sale where the parties to the contract are, on one hand, a supplier, and, on the other hand, a consumer whom the supplier could not have individually influenced in advance with a proposal prepared for entering into a contract.
Vendor (Supplier) – is a person acting within the scope of his trade or other business activities when entering into and performing a consumer contract. A vendor is also an operator offering or selling products, or providing services to a consumer and likewise an operator supplying a purchaser with a product either directly or through other operators.
Consumer (Purchaser) – is a natural person or a legal entity purchasing products or using services either for his own personal use or use by members of his household and not acting within the scope of his trade or other business activities when entering into and performing a consumer contract.
Purchaser that is not a Consumer – is a person acting within the scope of his trade or other business activities when entering into and performing a consumer contract.
Terms and Conditions – contractual provisions agreed between the Vendor and the Purchaser and stipulated herein. When the order is placed, the Purchaser confirms his agreement with the terms and conditions applicable at the time of dispatch of his order and is thereby bound from the moment when he enters into a contract of sale. With the dispatch of his order, the Purchaser confirms that he has become acquainted with these terms and conditions prior to placing the order and without reservation agrees therewith.
3. Entering into a Contract of Sale
A Contract of Sale is concluded upon the Purchaser’s binding acceptance of the proposal to enter into the Contract of Sale with the Vendor, in a message to be sent in an e-mail by the Purchaser to the Vendor, and/or when the Purchaser has completed and forwarded a form to the Vendor’s website and/or the Vendor has placed an order with the Vendor over the telephone (hereinafter referred to as an “Order”).
The Vendor confirms his binding acceptance of Order dispatched by the Purchaser either over the telephone or in an e-mail sent by the Vendor to the Purchaser regarding his acceptance thereof, after having received prior acceptance of the Order by the Purchaser and having verified both the availability and the delivery date of merchandise which the Purchaser requests, indicating them as a "Confirmed Order". Automatic notification in the Vendor’s electronic system of receipt of an Order shall not be deemed binding acceptance thereof.
Binding acceptance of an Order includes information about the name and specifications of items whose sale is the subject-matter of the Contract of Sale, and furthermore information about the price of the items and/or other services; name of the Purchaser, data about him and the address where merchandise is to be supplied; pricing data; method for delivering the merchandise to the Purchaser at the agreed destination thereof and any other data.
4. Vendor’s Obligations
The Vendor undertakes to supply:
1. Types and quantities of merchandise sold at the sales price and under the payment terms applicable on the date when the Order is dispatched, unless there is an obvious error or in the case of a significant change in the price of an item.
2. Merchandise appropriately packaged so as to prevent damage thereto during transport.
The Vendor is not responsible for the following:
1. Late delivery of merchandise attributable to the post office;
2. Late delivery of merchandisecaused by the recipient’s address having been misstated;
3. Damage to the shipment attributable to the post office;
4. Possible non-delivery of merchandise caused by the Manufacturer (Supplier) having restricted or cancelled distribution rights, or by other unforeseeable obstacles;
5. Purchaser's selection of merchandise, where the Purchaser discovers after receiving the shipment that the merchandise is inconsistent with his conception thereof. Such merchandise cannot be considered cause for a legitimate complaint.
5. Purchaser’s Obligations
The Purchaser undertakes:
1. To receive the ordered merchandise, inspect the integrity of packaging and immediately notify Gras SK of any faults therein;
2. To pay the sales price for the merchandise in the amount and under the payment terms applicable on the date of dispatch of the Order.
6. Cancelling an Order and Cancellation Fees
An Order may be cancelled without penalty up to three (3) hours after it has been accepted. The Order can be cancelled by entering all details thereof in a message to be e-mailed to: email@example.com.
The Purchaser agrees to pay a cancellation fee of €6.64 (200 SKK), excluding VAT, if the merchandise has been dispatched to the Purchaser and he fails by a defined date to take it either from the delivery service or from a third party.
7. Withdrawal from a Contract
Provisions of Section 12 (1c) of Act 108/2000 Coll. on Consumer Protection in Doorstep Selling and Distance Selling, as amended, gives the Consumer the right to withdraw from a contract, without cause, up to seven (7) working days from having taken the merchandise. If the Consumer elects to exercise his right to withdraw from a contract within the period provided above, the Supplier is entitled to seek compensation for any necessary costs demonstrably incurred in connection therewith.
When a party to a contract withdraws therefrom, each party shall return any merchandise to the other party, and reimburse him for services, provided thereunder. The Consumer is obliged to return any ordered merchandise he has already taken over, in the original undamaged packaging. In the event that the Consumer returns ordered merchandise damaged, partially consumed or not in the condition in which they have been sent by the Vendor, the Consumer acknowledges the Vendor’s entitlement to be reimbursed for damage caused to the merchandise, which the Vendor is obliged to prove, from the amount paid by the Consumer for the ordered merchandise.
The Consumer is likewise obliged, when withdrawing from a contract, to provide contact details and the account number to which the Vendor will remit the amount to be refunded for the ordered goods. The Vendor undertakes promptly upon return of the ordered merchandise either to remit the paid amount or the amount less damage incurred.
8. Liability for Errors, Warranties and Complaints
The Vendor warrants merchandise for a period of twenty-four (24) months. The warranty period commences once the Purchaser has received the merchandise. The Purchaser acknowledges that he is required to inspect the merchandise immediately upon having received them. If the merchandise, upon receipt by the Purchaser is inconsistent with what is provided in the Contract of Sale, the Purchaser shall promptly notify the Vendor thereof. In respect of the cases below:
* If the error can be rectified, the Purchaser shall have the right for the error to be properly rectified in a timely manner, at no charge and without undue delay, or for the item to be exchanged. The Purchaser acknowledges that the Vendor is entitled at all times to provide faultless merchandise in exchange for any defective merchandise in lieu of correcting an error therein, unless this causes the Purchaser serious hardship;
* If the error cannot be rectified and it prevents the item from being properly used, the Purchaser shall have the right either to exchange the item or to withdraw from the contract;
* If the error cannot be rectified, but it does not prevent the item from being properly used, the Purchaser shall have the right to a reasonable discount off the price paid;
* If the error can be rectified, but the Purchaser cannot properly use the item because of a recurring error, due to an error occurring after it has been repaired or because of a greater number of errors, the Purchaser shall have the right either to exchange the item or to withdraw from the contract.
The Purchaser acknowledges that the Vendor is not liable for errors in merchandise which have been caused by casual connection to commission or omission by the Purchaser. Likewise, the Vendor is not responsible for damage caused while merchandise is being shipped.
Whenever a complaint is made under a statutory guarantee, the Purchaser is required to give evidence of having entered into a contract with the Vendor by providing proof of purchase. The Vendor undertakes to handle promptly any and all legitimate complaints exercised in accordance with these Terms and Conditions, at latest by the thirtieth (30th) day from the date of the complaint, unless the Vendor and the Purchaser agree otherwise.
9. Payment Terms
The Purchaser may pay the sales price for an item purchased from www.gras.sk by any of the methods below:
Cash on delivery – the most common method of payment. Cash is paid to the letter carrier, courier or post office for the merchandise when it is received.
Bank transfer – when an Order is received, a pro forma invoice will be sent with the account number and variable symbol to be used for the remittance. Such ordered merchandise is paid in advance to Gras SK's bank account maintained at VÚB. Upon receipt of payment, the merchandise will be shipped and information will be provided about the date when the shipment arrives. Unless a pro forma invoice is paid within seven (7) days of issue, the Vendor shall have the right to cancel the Order.
10. Delivery Terms
The delivery period commences on the date of acceptance of a binding Order containing all necessary data for the Order to be filled. Orders are accepted and shipped within two (2) working days. If the ordered merchandise is not in stock, the Vendor undertakes promptly to notify the Purchaser thereof and they shall then agree together on further steps to take. www.gras.sk supplies its products through the following services:
* Slovak Post – governed by Slovak Post’s terms and conditions in force, whereby shipments are delivered within a maximum three (3) working days of the date when they are posted, although this period is not guaranteed in the case of second class packages. Shipments of merchandise worth more than 1,000 SK are forwarded first class, where delivery shall be within two (2) working days of the date when posted. If no one claims the shipment at the shipping address, a non-delivery notice will be left in the letterbox. The shipment can be claimed at the applicable post office within fourteen (14) days.
* Courier – delivery of the shipment within two (2) working days. Customers opting for delivery by courier should remain at the address stated in the Order until the item has been delivered (this shipping method is the most convenient when a shipment is to be received at the place of employment). If there is no one to claim the shipment from the courier, the Customer will be contacted by phone and further steps will be agreed.
11. Delivery Charges
In accordance with Article 10 hereof, the Vendor will charge the following, in addition to the price of the ordered merchandise:
a) Cash on delivery – delivery by Slovak Post
€2.66 / 80 SK postage is charged for the handling of each Order sent cash on delivery for Orders worth up to €66.39 / 2,000 SK. €1.66 / 50 SK postage is charged for the handling of Orders worth more than €66.39 / 2,000 SK and less than €132.78 / 4,000 SK. No postage is charged for Orders worth more than €132.78 / 4,000 SK.
b) Bank transfer – delivery by Slovak Post
€1.99 / 60 SK postage is charged for the handling of each Order sent cash on delivery for Orders worth up to €66.39 / SK 2,000. €1.33 / 40 SK postage is charged for the handling of Orders worth more than €66.39 / 2,000 SK and less than €132.78 / 4,000 SK. No postage is charged for Orders worth more than €132.78 / 4,000 SK.
c) Cash on delivery – delivery by courier
€9.29 / 280 SK is charged for the handling of each Order sent cash on delivery for an Order worth up to €66.39 / SK 2,000. €6.64 / 200 SK is charged for the handling of Orders worth more than €66.39 / 2,000 SK and less than €132.78 / 4,000 SK. €4.98 / 150 SK is charged for the handling of Orders worth more than €132.78 / 4,000 SK and less than €331.94 / 10,000 SK. There is no charge for Orders worth more than €331.94 / 10,000 SK.
d) Bank transfer – delivery by courier
€6.64 / 200 SK is charged for the handling of each Order sent cash on delivery worth up to €66.39 / SK 2,000. €4.98 / 150 SK is charged for the handling of Orders worth more than €66.39 / 2,000 SK and less than €132.78 / 4,000 SK. €3.32 / 100 SK is charged for the handling of Orders worth more than €132.78 / 4,000 SK and less than €331.94 / 10,000 SK . There is no charge for Orders worth more than €331.94 / 10,000 SK.
e) Delivery by courier in Bratislava
€3.50 / 105 SK is charged for the handling of each Order sent cash on delivery for Orders worth up to €66.39 / SK 2,000. €2.00 / 60 SK is charged for the handling of Orders worth more than €66.39 / 2,000 SK and less than €132.78 / 4,000 SK. There is no charge for Orders worth more than €132.78 / 4,000 SK. These charges apply to merchandise delivered to addresses in Bratislava.
Customers will be contacted if there are any other changes.
There is no charge for packaging. The above charges apply to deliveries made within the Slovak Republic.
12. Protection of Personal Data
By placing an Order, the Purchaser consents to the processing of data in accordance with Act 428/2002 Coll. on Protection of Personal Data, as amended.