Commercial Terms and Conditions of Ardaco, a.s. company

 for remotely concluded purchasing contracts via Ardaco Store system

 

Article 1

General Provisions

Purchasing agreements concluded via Ardaco Store electronic shop are governed by relevant provisions of the Act no. 22/2004 Col., on Electronic Commerce, the Act no. 250/2007 Col., on Protection of Consumers, the Act no. 108/2000 Col. on Consumer Protection at Doorstep Selling and Distance Selling, and the Act No. 40/1964 Col., the Civil Code, and by these Terms and Conditions governing details at their conclusion and implementation.

The provider of goods and services is Ardaco, a.s., a company with a registered seat at Polianky 5, 84101 Bratislava, Company no.: 35829036, VAT Registration no.: SK2020225581, Section Sa, File No: 2903 / B.

The provider publishes a list of goods offered to a customer and allows a customer to order the goods via Internet portal http://store.ardaco.com (hereinafter only referred to as e-shop). These commercial terms and conditions relate to purchase in an electronic shop. By sending his order through e-shop a customer expresses he has fully read the general terms and conditions, understand their content and all the conditions and agrees with them. He also acknowledges according to Section 7 (4) (b) of the Act no. 428/2002

Any natural or legal persons may purchase the goods via Ardaco Store e-shop without restrictions, provided that the buyers will follow these Terms and Conditions.
 
The provider and buyer agree to fully accept an electronic form of communication, especially through electronic mail (e-mail) and Internet network (www) as a valid and binding form for both parties. In accordance with the Section 75 (6) of the Act no. 222/2004 Col., on Value Added Tax, as amended, a customer hereby agrees he will receive invoices from the provider solely in an electronic form.
 
Article 2

Registration of Customers

A customer may purchase via Ardaco Store system only after registration. Based on registration he will also obtain information on state of handling the orders and overview of all previously purchased goods. When registering, a customer is obliged to enter personal information required by the system. These data will be used for internal needs of Ardaco Store system and Ardaco, a.s. guarantees they will not be misused for other purposes.

After registration, each customer is assigned a personal account, which he will use for loging into the Ardaco Store system at his purchases. Orders for each customer will be generated within the account. We advise our customers to record login data (including personal code assigned by the Ardaco Store system) and keep them for future purchases. On each subsequent purchase, a customer can simply log in using his login data.

Article 3

Ordering of Goods and Services

Customers can use the Ardaco Store system to order any goods or services, at which order button is located. Once an order is created, it is registered in the Ardaco Store system. The system confirms registration of the order with a notice of receipt of order. An order is deemed delivered on display of the notice of receipt of order and a purchasing agreement between the customer and Ardaco, Inc. hereby enters into existence in the very same moment. Both parties have rights and obligations under existing legal regulations and the conditions for submission of complaints by customers of Ardaco a.s.

Ardaco Store system enables to customers to obtain information on the status of their orders (registration, receipt, payment, delivery ...) after authorization by their login data.

By submitting an order a buyer undertakes to take the ordered goods and pay at agreed price for them. A buyer acknowledges that sending an order to the seller is qualified as a proposal for concluding a purchasing agreement under the Section 409 et seq. of the Commercial Code. These Terms and Conditions form a binding part of a purchasing agreement.

During working days, the provider shall confirm sent order by an e-mail within 24 hours and, and the same time, he will also inform a buyer on availability and date of delivery of the goods. All confirmed orders are binding for both parties.

Article 4

Payment Terms

All prices for goods and services are specified with VAT. After receipt of an order, the provider shall send to a customer a confirmation of the order containing information on the goods, price and account of Ardaco, a.s., which shall be credited with price for the goods and services. The payment maturity will be 7 days. A customer can also pay for the order using any of direct payments, which are accessible from his created order.

All payments must be made in euros.

The provider reserves a right to change prices without prior notice. However, it can not be applied to the orders that have been already confirmed.

Article 5

Delivery Conditions

Delivery of goods in the Ardaco Store system is solely performed by electronic means. After payment for order has been made, activation data and address of location of the goods are delivered to the customer, who can download them by electronic means.

Article 6

Warranty and Conditions of Complaining

Software is delivered in "as-is" condition. To the maximum extent permitted by an applicable law, the provider, his employees or his licensors shall not be never held responsible for any loss of profit, income or sales, for any loss of data, or for costs incurred for acquisition of replacement goods or services, for property damages, personal injury, interruption of a business, loss of business information, or for any extraordinary, direct, indirect, incidental, economic, covering, punitive, special or consequential damages of any origin, whether arising from agreement, wilful misconduct, negligence or from any other event constituting liability, resulting from use of or inability to use the software, even if the Provider or its licensors have been advised of possibility of such damages. Because some states and some legal systems do not allow exclusion of liability, but may permit limitation of liability, liability of the Provider, his employees or licensors will be reduced to the amount of remuneration paid for the license.

A warranty period for installation media starts on the day of transfer of the license to an end- user. A warranty for installation media relates to defects of data media, except for the errors occurred due to reasons other than the provider's fault. The provider undertakes that within 24 months from payment of price for the Software he will either replace defective installation media delivered to an end-user or return the payment for the software, at his own discretion. If a period for which an end-user is licensed for use of the Software expires before the warranty period for replacement of defective installation media, an end-user will not be entitled to refund of the price paid for the software.

If deficiencies are found in the scope and quality of the Software, which arose before its handover or which were found at the time of the handover, the provider undertakes to remedy the deficiencies for free, no later than 30 (in words: thirty) working days from submission of written warranty claim. If the deficiencies in the scope and quality of the Software can not be removed, the provider shall return remuneration paid for the software.

The provider undertakes to remove defects of the software, if repairable, within 30 (thirty words) days from receipt of a written complaint. If the defects are unrepairable, the provider undertakes to either replace the defective software with other software with consent of an end user or return an amount paid for the Software, at his own discretion.

The provider is not responsible for inoperability of the Software due to improper use or combination of effects of hardware, software and / or malicious programs.

Article 7

Personal Data Protection

The Contracting Parties agree that the buyer who is a natural person shall notify the provider of his name and surname, his address of residence, including zip code, telephone number and e-mail address, especially for the purpose of issue of an invoice.

The Contracting Parties agree that the buyer which is a legal person or self-employed person shall notify the provider of its trade name, registered office, including zip code, Company number, VAT number, telephone number and e-mail address, especially for the purpose of issue of an invoice.

The buyer declares that he agrees under Section 7 (4) (b) of the Act no. 428/2002 Col., on Personal Data Protection, as amended, that the provider will process and keep the buyer's personal data, in particular those listed above and / or those that are necessary for the seller's activity, and process the data in all its information systems. The buyer provides the provider with the approval for an indefinite period.

Article 8

Withdrawal from Agreement

In accordance with the Section 12 of Act on Protection of Consumers in Doorstep Selling and Distance Selling (Act no. 108/2000 Col.), a buyer has right to withdraw from an agreement concluded in above way without giving any reason within 7 working days from date of delivery of goods or from conclusion of an agreement on provision of services.

Unless the provider and the buyer agree otherwise, the buyer can not withdraw from an agreement having any of below subjects without giving a reason for withdrawal:

• Provision of services, where a service has started to be performed before expiration of a period of 7 working days
• Sale of goods, which can not be returned due to their properties

A buyer is aware that an order relates to sale of the goods, which can not be returned due to their properties, and, therefore, provisions of the Section 12, subparagraphs 1 to 4 of the Act no. 108/2000 Col, can not be applied, which means the goods can not be unreasonably returned. An ordering party's right to raise claims is not hereby affected.

A customer has right to withdraw from the agreement by sending an e-mail to , provided the price of order has not been yet paid.

The provider reserves a right to unilateral withdrawal from the agreement if the price indicated in confirmation of the order is not paid in full within 7 days from the confirmation.

If a buyer decides to withdraw from the agreement in accordance with this agreement, following conditions must be fulfilled:

• The buyer shall return the goods to the provider within seven working days from the date of withdrawal from agreement, regardless of whether the goods have been used or contain defects that have not been caused by the buyer. Appropriate care of the goods must be maintained.
• The buyer shall contact the provider with a request for withdrawal from agreement with reference to the order number, purchase date and account number or address for a refund.
• When all above-mentioned conditions for return of the goods are met, the provider shall return money for goods using a money order or bank transfer to the buyer's account no later than within 15 days in accordance with the relevant provisions of the act.