General terms and conditions
General terms and conditions
I. Basic provisions
1. These General Terms and Conditions ("Terms and Conditions") are issued by:
Visions Entertainment, s.r.o.
Company ID: 45872333
VAT ID: SK2023121056
address: Štefánikova 5, 917 01 Trnava, Slovak Republic
registered in OR OS Trnava, section Sro, insert no. 26267 / T
phone +421 910 748 747
www.fenixgames.eu / www.fenixgames.sk
(hereinafter referred to as "Seller")
2. These Terms and Conditions govern the reciprocal rights and obligations of the Seller and natural person entering into a Purchase Contract outside their business as a consumer or in the course of their business (hereinafter referred to as "Buyer") through a web interface located on a website accessible on the Internet address www.fenixgames.eu, resp. www.fenixgames.sk (hereinafter referred to as "Internet Shop").
3. The Terms and Conditions of Business are an integral part of the Purchase Agreement. A deviation arrangement in the purchase contract takes precedence over the terms of these business terms.
4. These Terms and Conditions and the Purchase Contract are concluded in the Slovak language.
II. Product and pricing information
1. Information about the goods, including the indication of the price of the individual goods and their main characteristics, is given for the individual goods in the online store catalog. The prices of the goods are stated, including value added tax, all related fees and the cost of returning the goods, if by their nature they cannot be returned by the usual postal service. Prices of goods remain valid for as long as they are displayed in the online store. This provision does not exclude the negotiation of a purchase agreement under individually agreed conditions.
2. All goods presentation placed in the internet shop catalog is informative and the seller is not obliged to conclude a purchase contract regarding this goods.
3. The online store publishes information on the costs of packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods listed in the online store is determined and applies specifically to goods delivered within the territory of the Slovak Republic, specifically for goods delivered within the territory of the Czech Republic and specifically for goods delivered to other territories.
4. Any discounts on the purchase price of the goods cannot be combined with each other unless the Seller and the Buyer agree otherwise.
III. Order and purchase contract
1. Costs incurred by the Purchaser when using means of distance communication in connection with the conclusion of the Purchase Contract (costs of Internet connection, cost of telephone calls) shall be borne by the Buyer himself. These costs do not differ from the base rate.
2. The buyer orders the goods in the following ways:
• through your customer account, if you have previously registered with the online store,
• completing the order form without registration.
3. When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and modify the data he has entered into the order. The buyer sends the order to the seller by clicking on the "Confirm Order" button. The information given in the order is considered correct by the seller. The condition of the order validity is to fill in all mandatory data in the order form and to confirm the buyer that he has become familiar with these terms and conditions.
5. Immediately after receiving the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address entered by the Buyer upon ordering. This confirmation is automatic and is not considered a contract conclusion. Attached to the confirmation are the current business conditions of the seller. The purchase contract is only concluded upon receipt of the order by the seller. The order receipt is delivered to the buyer's email address. / Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address that the Buyer entered when ordering. This confirmation is considered to be the conclusion of the contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded by the order confirmation by the seller to the buyer's email address.
6. In the event that any of the requirements specified in the order cannot be met by the Seller, the Seller will send the modified offer to the Buyer at his email address. The modified offer is deemed to be a new draft of the purchase contract and the purchase contract is in this case concluded by the buyer's confirmation of acceptance of this offer by the seller to its email address specified in these Terms and Conditions.
7. All orders received by the Seller are binding. The buyer may cancel the order until the buyer receives a notice of receipt of the order by the seller. The Buyer may cancel the order by telephone at the Seller's telephone number or by e-mail to the Seller's e-mail, both specified in these Terms and Conditions.
8. In the event that there is an obvious technical error on the part of the Seller when placing the price of the goods in the online shop or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price even if an automatic confirmation was sent to the Buyer to receive an order under these Terms and Conditions. The Seller informs the Buyer of the error without undue delay and sends the Buyer to his email address a modified offer. The modified offer is considered to be a new draft of the purchase contract and the purchase contract is in this case concluded by the receipt of the buyer to the seller's email address.
IV. Customer Account
1. Upon registration by the buyer made in the online store, the buyer may access their customer account. From your customer account, the buyer can order goods. The buyer can also order goods without registration.
2. When registering for a customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information stated in the User Account at any change. The information given by the buyer in the customer account and when ordering the goods is considered to be correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not entitled to allow the use of the customer account by third parties.
5. The Seller may cancel the User Account, especially if the Buyer does not use his User Account longer, or if the Buyer breaches his obligations under the Purchase Agreement and these Terms and Conditions.
6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, respectively. necessary maintenance of hardware and software equipment of third parties.
V. Payment Terms and Delivery
1. The price of the goods and any costs associated with the delivery of the goods under the purchase agreement may be paid by the buyer in the following ways:
• by bank transfer to the bank account of the seller no. SK7711000000002928846897, maintained at Tatra banka, a.s.
• by credit card via PayPal,
• by wire transfer to the seller's account via PayPal
• in cash or by credit card for personal collection,
• in cash on delivery by shipping service.
2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the contractual amount. Except as expressly stated hereinbelow, the purchase price also includes the cost of delivering the goods.
3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 5 days of the conclusion of the purchase contract.
4. In the case of payment through the payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
5. In the case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.
6. The Seller does not require any advance payment or other similar payment from the Buyer in advance. Payment of the purchase price before shipment is not a deposit.
7. According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he / she is obliged to register the receipted receipts with the tax administrator online, in the event of a technical failure within 48 hours at the latest.
8. Goods are delivered to the buyer:
• to the address specified by the buyer in the order
• personal collection at the seller's premises.
9. The choice of delivery method is done during the ordering process.
10. The cost of delivery of the goods, depending on the method of dispatch and receipt of the goods, is stated in the order of the buyer and in the order confirmation by the seller. In the event that the mode of transport is agreed upon by the buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
11. If the Seller is obliged by the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In the event that for reasons on the side of the buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with another delivery method.
12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and to notify the carrier immediately in case of any defects. In the event of a breach of the package indicating the unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier.
13. The Seller shall issue the Buyer a tax document - invoice. The tax document is attached to the delivered goods.
14. The buyer acquires the title to the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the moment of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so contrary to the purchase contract.
VI. Withdrawal from the contract
1. A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the contract without stating a reason.
2. The withdrawal period shall be 14 days
• from the date of receipt of the goods,
• from the date of receipt of the last delivery of the goods, if several types of goods or delivery of several parts are subject to the contract
• from the date of receipt of the first delivery of the goods, if the periodic repeated delivery of the goods is the subject of the contract.
3. The Purchaser may not, inter alia, withdraw from the Purchase Contract:
• on the provision of services, if they were met with its prior express consent before the expiry of the withdrawal period, and the seller, prior to the conclusion of the contract, informed the buyer that he was not entitled to withdraw from the contract and if the service was fully provided,
• the supply of goods or services, the price of which depends on fluctuations in the financial market, regardless of the seller's will, and which may occur during the withdrawal period;
• the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, which can only be delivered after 30 days and whose price depends on market fluctuations independent of the seller's will,
• on the delivery of goods that have been modified according to the wishes of the buyer, custom made goods or goods specifically designed for one buyer,
• the supply of perishable goods as well as goods which, upon delivery, were irrevocably mixed with other goods,
• on the delivery of goods in a sealed package which is not suitable to be returned for reasons of health protection or hygiene reasons and whose protective packaging has been broken after delivery;
• the supply of sound recordings, video recordings, sound recordings, books or computer software if they are sold in protective packaging and the buyer has unpacked the cover,
• about the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement and the sale of non-protective books
• on the delivery of electronic content other than on a tangible medium, if its provision was initiated with the express consent of the buyer and the buyer declared that he / she was duly informed that, by expressing this consent, he / she loses the right of withdrawal;
• in other cases referred to in § 7 para. 6 of Act no. 102/2014 Z.z. on consumer protection in the sale of goods or services on the basis of a distance contract or a contract concluded outside the premises of the seller as amended.
4. To comply with the withdrawal period, the Buyer must send a withdrawal declaration within the withdrawal period.
5. In order to withdraw from the Purchase Agreement, the Buyer may use the model withdrawal form provided by the Seller. Withdrawal from the Purchase Contract shall be sent by the Buyer to the Seller's email or delivery address specified in these Terms and Conditions. The Seller shall confirm to the Buyer without delay the receipt of the form.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by their usual postage due to their nature.
7. If the Buyer withdraws from the Contract, the Seller shall return to the Seller without delay, but no later than within 14 days of withdrawal, all funds, including the delivery costs, received from him in the same manner. The Seller shall return the received funds to the Buyer in a different way only if the Buyer agrees with this and does not incur additional costs.
8. If the Buyer has chosen a method other than the cheapest way of delivering the goods offered by the Seller, the Seller shall return to the Buyer the cost of delivering the goods corresponding to the cheapest offered method of delivery.
9. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer submits the goods to the Purchaser or proves that the goods have been sent to the Seller.
10. The goods must be returned by the buyer to the seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for damages incurred on the goods against the Buyer's claim for refund of the purchase price.
11. The Seller shall be entitled to withdraw from the Purchase Contract for the sake of the sale of the goods, the unavailability of the goods or when the manufacturer, importer or supplier of goods has interrupted the production or import of the goods. The Seller shall promptly inform the Buyer by e-mail address specified in the order and return within 14 days of the notice of withdrawal all funds, including delivery costs, received from him under the contract, in the same manner or in the manner determined by the Buyer.
VII. Defective performance rights
1. The Seller shall be liable to the Buyer for not having defects in the Goods. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
• the goods have properties that the parties have negotiated, and if the arrangement is lacking, it has qualities that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertising done by the seller,
• the goods are fit for the purpose stated for their use by the seller or for which goods of this kind are usually used,
• the goods correspond to the quality or execution of the agreed sample or template, if the quality or design is determined by the agreed sample or pattern,
• the goods are in adequate quantity or weight;
• goods comply with legal requirements.
2. If the defect manifests itself within six months of receipt of the goods by the buyer, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to exercise the rights of the defect that occurs in consumer goods for twenty-four months from receipt. This provision shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, for the wear and tear of the goods due to its normal use, for used goods for a defect corresponding to the degree of use or wear the goods had on receipt by the purchaser, or the nature of the goods.
3. In the event of a defect occurring, the Buyer may submit a complaint to the Seller and request:
• if it is a defect that can be removed:
• free removal of defects
• Exchange of goods for new goods
• if it is a defect that cannot be removed:
• a reasonable discount on the purchase price
• withdraw from the contract.
4. The buyer has the right to withdraw from the contract
• if the product has a defect that cannot be removed and prevents the thing from being properly used as a non-defective thing
• if the goods cannot be properly used for repeated occurrence of defect or defects after repair,
• if it cannot use the goods properly for a greater number of defects in goods.
5. The Seller is obliged to accept a complaint in any establishment where the acceptance of the complaint is possible, or in the registered office or place of business. The consumer can also apply the claim to the person designated by the seller. If the consumer's complaint is handled by a person designated by the seller, the complaint can be handled only by handing over the repaired goods, otherwise the complaint will be forwarded to the seller's equipment. The Seller is obliged to issue to the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what manner of handling the complaint the Buyer requires, as well as confirmation of the date and manner of handling the complaint, including confirmation of the repair and its duration, or written justification rejection of the claim.
6. If the consumer makes a claim, the seller or an employee authorized by him or the designated person shall instruct the consumer about his rights arising from the defective performance. On the basis of the consumer's decision as to which of the rights resulting from the defective performance is exercised, the Seller or the employee authorized by him or the designated person shall be obliged to determine the manner of handling the claim immediately, in complex cases no later than three working days from the date of the advertising, in justified cases, in particular if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of the claim. . After determining the way of handling the complaint, the complaint, including the removal of the defect, must be handled immediately, and in justified cases the complaint may be settled later. However, the claim, including the removal of the defect, may not last longer than 30 days from the date of the claim. The expiry of this period in vain is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract or has the right to exchange goods for new goods. The moment of claim is considered to be the moment when the will of the buyer (manifestation of the right of defective performance) occurs to the seller.
7. The Seller shall inform the Buyer in writing of the result of the complaint within 30 days from the date of the claim.
8. The right of defective performance does not belong to the buyer if the buyer knew before the takeover that the thing has a defect or if the buyer himself caused the defect.
9. In the case of a justified claim, the Buyer has the right to compensation of the costs incurred in connection with the claim. The buyer may exercise this right within one month after the expiry of the warranty period.
10. The buyer has the choice of the method of complaint and its equipment, if there are several options.
11. The rights and obligations of the contracting parties regarding the rights of defective performance are governed by Sections 499 to 510, Sections 596 to 600 and Sections 619 to 627 of Act no. 40/1964 Coll. Of the Civil Code, as amended, and Act no. On Consumer Protection, as amended.
12. Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's Complaints Procedure.
1. The Contracting Parties may deliver all written correspondence by electronic mail.
2. The Buyer delivers the Seller's correspondence to the email address specified in these Terms and Conditions. The seller delivers correspondence to the buyer at the email address specified in his customer account or order.
IX. Out-of-court dispute resolution
1. The consumer shall have the right to apply to the seller for redress if he is not satisfied with the manner in which the seller has handled his claim or if he considers that the seller has infringed his rights. The consumer has the right to initiate an alternative (out-of-court) dispute resolution in an ADR entity if the seller responded to the request under the previous sentence or refused to reply to it within 30 days of its dispatch. This is without prejudice to the possibility for the consumer to go to court.
2. The Slovak Trade Inspection, with its registered office at Prievozská 32, 827 99 Bratislava, IČO: 17 331 927, which can be contacted at the following address: Slovak Trade Inspection, Central Inspectorate, Department of International relations and alternative dispute resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at firstname.lastname@example.org or email@example.com. Internet address: https://www.soi.sk/. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to settle disputes between the seller and the buyer from the sales contract.
3. European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44 / a, 827 15 Bratislava, web address: http://esc-sr.sk/ is the contact point of the European Parliament and Council Regulation (EU) no. Regulation (EC) No 524/2013 of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 1782/2003 And Directive 2009/22 / EC (Regulation on consumer dispute resolution online).
4. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant District Office of the Trade Licensing Department. The Slovak Trade Inspection performs, to a limited extent, supervision of compliance with Act no. 250/2007 Z.z. on Consumer Protection, as amended.
X. Final provisions
1. All arrangements between the Seller and the Buyer shall be governed by the laws of the Slovak Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights under generally binding legal regulations.
2. In relation to the Buyer, the Seller is not bound by any codes of conduct pursuant to the provisions of Act no. 250/2007 Z.z. on Consumer Protection, as amended.
3. All rights to the Seller's website, in particular content copyright, including page layout, photos, movies, graphics, trademarks, logos, and other content and features, belong to the Seller. It is prohibited to copy, modify or otherwise use the Website or any part thereof without the Seller's consent.
4. The Seller shall not be liable for errors arising as a result of third party interference with the online store or as a result of its use contrary to its intended use. Buyer may not use any practices that could adversely affect its operation when using the online store, and may not engage in any activity that might allow it or third parties to tamper with or use the software or other components of the online store; its parts or software in a way that would be contrary to its purpose or purpose.
5. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly available.
6. The Seller may amend or amend the wording of the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
7. Annex to the Business Terms and Conditions is a model form for withdrawal. A sample form can be obtained electronically here: https://www.fenixgames.eu/index.php?route=information/information&information_id=7.
These Terms and Conditions come into effect on March 8, 2019