GENERAL COMMERCIAL TERMS AND CONDITIONS
Article I
General provisions and definitions
1.      The General Commercial Terms and Conditions (GCTCs) regulate the rights and duties of the company EVEREST ONE, s.r.l., which has its offices at 080 01 Zupcany 176, identification no. 46 842 951, recorded in the Commercial Register of the District Courts of Presov  with no. 26744/P, (hereafter referred to as the “Vendor”) and the purchaser (hereafter referred to as the “Purchaser”), in relation to the buying and selling of goods offered by the Vendor through the electronic sales point at the Vendor’s web site www.victorest.com (hereafter referred to only as “victorest”) and are an inseparable part of the sales contract stipulated between the Vendor and Purchaser online (later referred to only as “the Contract”) through the web site’s electronic sales point. (The Vendor and Purchaser are later referred to as “the Contracting Parties”).
2.      These GCTCs are valid in the Slovak Republic for the buying and selling of goods ordered through the electronic sales point (later referred to only as the “E-shop”) at the web site  www.victorest.com.
3.      The GCTCs will come into force on the date of their publication at the site www.victorest.com.
4.      All relations between the Vendor and Purchaser not covered by these general commercial terms and conditions will be regulated by the provisions of Law no. 513/1991 of the Commercial Code and subsequent amendments. If the Purchaser is also the final user, in accordance with section 52, article 3 of Law no. 40/1964 of the Civil Code in force, and hence if during the stipulation or implementation of this contract the Purchaser is not acting on behalf of a commercial activity, these relations are regulated by Law no. 40/1964 of the Civil Code and subsequent amendments, in the event that they are not mentioned in these general commercial terms and provisions.
5.      The Purchaser’s rights in relation to the Vendor, guaranteed by Law no. 250/2007 of the code on the safeguarding of consumers and by the amendments to Parliamentary Law no. 372/1990 regarding the code on infringements and subsequent amendments, and Law no. 108/2000 of the code on the safeguarding of consumer rights in the case of door-to-door and online sales, in line with subsequent amendments, shall remain intact  in relation to the GCTCs.
6.      The Purchaser is intended as an individual or company, registered with the system, who orders goods electronically through the E-shop at the web site www.victorest.com. The electronic order is intended as the electronic form sent by the Purchaser, containing information on the Purchaser, the list of goods ordered from those available at the E-shop at www.victorest.com and the total amount of the goods handled by the E-shop system.
7.      Goods are intended to mean all the products listed in the Vendor’s price lists in force at the web site www.victorest.com.
8.      The contact data with which Purchasers can contact the Vendor are as follows:
8.1  EVEREST ONE, s.r.l., with its offices at 080 01 Zupcany 176, identification no.: 46 842 951, recorded in the Commercial Register of the District Courts of Presov , section: Srl, file no. 26744/P, IBAN: SK98 7500 0000 0040 1946 8277, SWIFT: CEKOSKBX, BANK: CSOB Presov
8.2  Tel.: +39 348 4422524
8.3  E-mail: info@victorest.com
ARTICLE II
Orders
1.    Completion of all the registration forms fully and correctly is required for the electronic order to be valid.
2.    The Vendor shall not respond for delays in delivery and damage caused by the fact that the Purchaser has not fully and/or correctly completed all the data during registration. The Vendor shall also not be responsible for damage caused to the Purchaser as a consequence of the fact that the Purchaser has forgotten his password and/or if the password comes into the possession of unauthorised persons, through no fault of the Vendor.
3.    The electronic order shall be considered to be a proposal for the stipulation of a Contract and is binding.
4.    The Contract between the Vendor and Purchaser shall be stipulated on the basis of binding confirmation of the electronic order in the system. The Vendor must confirm the content of the Purchaser’s electronic order with an e-mail message (to the e-mail address of the Purchaser stated in the electronic order), as soon as it is received, otherwise the contract between the contracting parties shall be deemed not to have been stipulated. The Purchaser must check the content of the electronic order stated in the e-mail from the Vendor. In the event of discrepancies regarding the content of the electronic order confirmed by the Vendor, the Purchaser must inform the Vendor  with un e-mail addressed to the following e-mail address : info@victorest.com.
5.    The most important requirements of the electronic order are considered to be the following:
5.1.1                 Identification of the Purchaser, hence the commercial name or first name and surname, offices/residency, contact details (telephone number or e-mail address), and in the case of companies: identification no. and VAT no.;
5.1.2                 The code of the goods ordered according to the catalogue, or alternatively the description;
5.2                       The quantity of goods ordered;
5.2.1                 The delivery address for the goods (if this information is not provided, the goods will be delivered to the address of the offices/residency of the Purchaser);
5.3                       The first name and surname of the person authorised to receive the goods delivered (if this information is not provided, the Purchaser or any of his employees shall be considered to be the authorised person).
6.    In the event that the order does not contain all the requirements stated above, it will be considered incomplete. In this case, the Vendor will attempt to contact the Purchaser and will ask him to correct the electronic order. From the moment that the necessary data to correct and/or complete the electronic order is provided to the Vendor, the order shall be considered to be complete.
 
Article III
Consumer contracts and provisions on the right to withdraw from the contract
1.      In accordance with the provisions of section 12, article 1 of Code no. 108/2000 and subsequent amendments on the rights of consumers in the case of door-to-door and online sales, the Purchaser is entitled to withdraw from the contract stipulated, without stating a reason, within 10 working days from the date of delivery of the goods, whereas it is indispensable that this cancellation is notified to the Vendor within the term mentioned above.
2.      The Purchaser must bear the costs of returning the goods, either personally to the offices of the company, located at Zupcany 176, Presov, or by delivering the goods to the Vendor’s address (in the event of COD shipment, the Vendor will refuse to accept the package, which will be returned to the Purchaser at his expense). More detailed information will be provided to the Purchaser at the telephone number: +39 348 4422524. If the Purchaser avails himself of the right to return the goods, these must not be damaged or used and must be in the original packaging.
3.      The Vendor will check the goods. If the goods returned have not been damaged or used, the Vendor will refund the Purchaser the price paid for the goods within 15 days of cancellation of the contract, sending the amount via a postal order to the Purchaser’s address or by bank transfer to the Purchaser’s current account. If the goods returned are in any way damaged or used, the Vendor shall be entitled to claim for the damage, discounting this from the price of the goods. This rule shall not apply in the event of return of the goods due to defects in the goods covered by the warranty.
 
ARTICLE IV
Price conditions
1.      The sales price of the goods offered by the Vendor through the web site www.victorest.com shall always be displayed alongside the goods selected. The sales price shall always include VAT, unless otherwise indicated.
2.      The Vendor may change the prices of goods (increase/reduction) at www.victorest.com. These prices will come into force on the day of their publication at www.victorest.com. The price changes will not concern goods already ordered by the Purchaser. If a clearly mistaken price should appear at the web site www.victorest.com alongside goods, for example in the case of normally accessible and generally known goods and the price is different from that normally displayed, or if due to errors in the system the price “0 Euro” or “1 Euro” should appear, the Vendor may offer to deliver the goods to the Purchaser for the correct price. If the Purchaser does not agree to this price, he may cancel the Contract.
Article V
Charge for logistical services
1.      The Vendor will invoice for shipment using the UPS express courier service. The service charge shall not be applied to orders over 140.00 Euro including VAT or in the case of personal collection of the goods.
Article VI
Conditions of payment
1.      Payment must be made in euro, the Vendor requiring use of one of the payment methods listed at the E-shop web site at www.victorest.com.
 
Article VII
Delivery conditions
1.         Delivery of goods ordered electronically shall take place according to the availability of the goods and as soon as possible by the Vendor, usually within 10 working days from the date of confirmation of the electronic order by the Vendor, to the address stated in the electronic order. However, the delivery times may vary according to the availability of some articles.
2.         The Purchaser will be informed of shipment of the goods via e-mail. The status of the electronic order may be checked after registering with the system. The Purchaser will also be informed of the status of the electronic order via e-mail.
3.         The goods will be delivered by courier service to the delivery address (and street number) stated by the Purchaser in the electronic order. The Purchaser shall answer for any damage caused to the Vendor and/or the courier service caused by unsuccessful delivery of the goods. The costs of redelivery to the Purchaser will be debited to the Purchaser.
4.         The property rights for the goods shall be transferred to the Purchaser at the moment of their delivery and payment of the sales price.
5.         The goods delivered are always accompanied by the Tax Office document. On delivery, the Purchaser must check whether the packaging is intact and without damage and sign the delivery document. In the event of damage, it is necessary to complete the form on defects caused by transport on the spot with the courier service. The Vendor will not accept any subsequent claims on these grounds.
6.         The goods can only be considered to have been delivered undamaged, unopened and in the original state if covered with the Vendor’s protective tape. The carrier must deliver the goods to the Purchaser one item at a time and complete a report. The carrier is responsible for damage in this context.
7.         The goods shall be delivered by the Vendor exclusively to the areas stated to be available at the E-shop web site at www.victorest.com
8.         Delivery of the goods to European Community member states, and eventually other countries, shall take place on the basis of a previous and mutual agreement in writing with the Purchaser as regards the price of postage and packaging and any other delivery conditions.
Article VIII
Warranty conditions, warranty duration and regulation of disputes
1.      The warranty on goods delivered to the Purchaser has a maximum duration of 72 months for mattresses and 36 months for accessories. The warranty period starts on the day of delivery of the goods to the Purchaser. Goods with an expiry date or minimum duration, duly indicated on the product, have a warranty established by this date. If the expiry date is indicated on the goods sold, the packaging or the enclosed manual, the warranty shall not expire before this date. If the goods are exchanged, the warranty period shall become effective again from the day of delivery of the new goods to the Purchaser.
2.      When delivered to the Purchaser, all goods sold by the Vendor are accompanied by a Tax Office document (the document proving the purchase of the goods), which also serves as a warranty certificate.
3.      It is only possible to make a claim regarding goods bought from the Vendor and fully paid for.
4.      When making the claim, the Purchaser must deliver the disputed goods to the Vendor’s address. The goods must be clean, without mechanical damage and with the necessary documents enclosed, without which the claim is not possible.
5.      As regards repairable defects, the Purchaser is entitled to:
-          free repair of the defect: the Vendor must repair the defect free of charge, rapidly and correctly;
-          exchange the defective goods, receiving goods without defects, or, if the defect regards only a part of the goods, the exchange of this part, on condition that:
- the exchange is possible;
- the Vendor will not have additional excessive costs, as compared to the price of the goods or the seriousness of the defect.
      6.       As far as irreparable defects are concerned, the Purchaser is entitled to:
              - exchange the defective goods in return for goods without defects;
              - cancel the Contract, if the Purchaser does not agree to exchange the goods;
- have a suitable discount on the price, if the goods have irreparable defects that do not effectively prevent the goods from being used.
 
 7.        The defects shall be considered irreparable, if:
-      it is not possible  to repair  the defective goods from a technical point of view or it is possible to demonstrate damage to the qualitative  characteristics of the goods;
-      the defect is repairable, but the Purchaser is unable to use the goods in the usual way for the following reasons:  after repair, the same defect continues to return, hence in the case that the same defect is repaired twice during the warranty period and returns again;
or
-      if there are a large number of defects, namely at least three repairable                     defects in the product, each of which prevents ordinary use;
-      if the complaint procedure is not resolved within 30 days.
8.         On the basis of the Purchaser’s decision, regarding the application of rights in accordance with sections 622 and 623 of the Civil Code and subsequent amendments, the Vendor is obliged  to establish how to respond to the claim immediately, in complicated cases within 3 working days of the complaint and in special cases, above all those requiring a complicated technical assessment of the state of the product or service, at maximum within 30 days of the claim. After having established how to resolve the claim, this shall take place immediately. In particular cases it may also be resolved later, but within 30 days. Once this period has passed, the Purchaser is entitled to cancel the Contract or to change the defective product for a new product.
9.         If the Purchaser makes a claim in relation to the product within the first 12 months after purchase, the Vendor may only refuse this on the basis of specialist evaluation; regardless of the results of this, it is not possible to ask the Purchaser for payment or the costs of specialist evaluation or other costs related to this evaluation.
10.       If the Purchaser files a claim more than 12 months after the purchase, and the Vendor refuses this, the person responsible for the procedure must state in the claim form who the Purchaser may send the product to for specialist evaluation. If the product is sent to the person indicated for specialist evaluation, all the costs for specialist evaluation and related costs, shall be paid for by the Vendor, independently of the results of the evaluation. If the Purchaser can demonstrate the responsibility of the Vendor for the defect with the result of the specialist evaluation, he can present the claim again; the warranty period shall not run during the period of specialist evaluation. The Vendor must pay the Purchaser all costs relating to the specialist evaluation, within 14 days of filing of the second claim procedure. It is not possible to refuse the second claim.
11.       The Vendor shall give the Purchaser a certificate showing that a claim has been made and a certificate regarding the result of the claim within 30 days of filing the claim.
 
Article IX
Protection of personal data
1.      The Vendor shall conserve the personal details provided by the Purchaser,  along with information related to subsequent conformation, processing of the order, fulfilment of the order, administration of payment and indispensable communications between the Contracting Parties, exclusively for the purpose of fulfilling the Contract, for a period of ten years.
2.      The Vendor will not release the Purchaser’s data to third parties, except sub-contractors and agents of the Vendor, but only data indispensable for fulfilling the order. The Vendor shall handle the personal data of the Purchaser according to the provisions of Law no. 428/2002 on the protection of personal data and subsequent amendments. The Purchaser shall confirm through his E-shop order at www.victorest.com, that he has provided his personal data to the  Vendor voluntarily and agrees for this data to be handled in the Vendor’s database, in a way that it is in accordance with the laws in force, also agreeing to allow access and supply his data to third parties and state institutions, on the terms and for the purposes established by the law.
3.      The Purchaser agrees to the handling, access and use of his personal data for the purposes of direct marketing by the Vendor for a period of ten years. The Purchaser may decide to not authorise the handling of his personal data which it is presumed are or will be handled for the purpose of direct marketing without his consent, by sending a free written request, asking for their cancellation.
4.      The Purchaser shall allow the Vendor to delegate an agent to handle his personal data.
5.      The Purchaser shall declare that all the data provided is accurate. The Purchaser shall declare that he is aware of the consequences of providing false information, above all of the fact that such behaviour may be classified as a criminal offence.
6.      The Purchaser authorises the Vendor to check the credit card information provided at the call centre of the corresponding bank or company which has issued the credit card.
Article X
Circumstances excluding liability due to the impossibility of fulfilment
1.    Neither of the Contracting Parties shall be liable for the impossibility of fulfilment, in the event of circumstances of force majeure.
2.    Circumstances caused by force majeure are considered to be events not predictable by the Contracting Parties, impossible to avoid despite the  every possible care and commitment and outside their control, such as war, uprisings, strikes, natural disasters etc.
3.    Should such circumstances occur, the Contracting Parties are obliged to inform each other without wasting time.
4.    The occurrence of unexpected breakdowns of a technical or logistical nature shall release the Vendor from the commitments agreed.
Article XI
Final provisions
1.      During the purchasing of goods at www.victorest.com, it is presumed that the Purchaser is aware of Internet technology, and accepts the possibility of problems resulting from the use of such technology.
2.      The Vendor shall not be liable for damage caused by faulty connections with www.victorest.com. Protection of the computer and of any data contained in the computer, is the responsibility of the Purchaser.
3.      The Vendor advises users that the information present at www.victorest.com may be updated without previous notice.
4.      The Vendor shall not be liable for direct, indirect or exceptional damage to third parties, caused by the use of information coming from www.victorest.com.
5.      The body responsible for supervision of the Vendor’s activities is the Slovakian Commercial Inspectorate.
6.      At any time, the Vendor may change the goods present at www.victorest.com, without previous notice.
7.      The Vendor reserves the right to change and/or update the general commercial terms and conditions. The changes or updates to the general commercial terms and conditions shall come into force on the date they are published at www.victorest.com.
8.      The Contracting Parties agree that all disputes that may arise between them regarding legal issues based on the Contract or relative contracts, including disputes regarding validity, interpretation and cancellation of this Contract, will preferably be resolved by mutual agreement.
9.      The Purchaser expresses his consent for the Vendor’s general commercial terms and conditions, without objections, when he sends in the electronic order.
 
 
Everest One s.r.o
08001 Zupcany (Presov)
Slovakia
Ico: 46842951

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