Of the online store www.hotelacko.sk
1.These General Terms and Conditions (hereinafter also referred to as “GTC”) govern the legal relationships between the company Business name: ÁČKO a.s.
Registered office: Textilná 19
034 01 Ružomberok
Slovensko
Registered in the register of the District Office Ružomberok,
Company ID (IČO): 31577148
Tax ID (DIČ): 2020430489
VAT ID (IČ DPH):
SK2020430489
Bank account: SK51 0200 0000 0015 3823 0558 – VÚB Banka
Acting through the person: Peter Filipp The Seller is a VAT payer /Value Added Tax/
(hereinafter also referred to as the “Seller”) and every person who is a buyer of goods or services offered by the Seller in the Seller’s Online Store, and who acts in the position of a consumer within the meaning of the further provisions of these General Terms and Conditions. 1.1.The contact details of the Seller are: ÁČKO a.s.
Textilná 19
034 01 Ružomberok
Slovensko
Email: vedenie@hotelacko.sk tel. no.: +421 911 531 426
2.The Seller is at the same time the operator of the electronic system through which it operates the online store on the domain named www.hotelacko.sk (hereinafter also referred to as the “Online Store”).
3.The supplier of the goods and services offered in the Online Store is the Seller.
4.The Buyer is every person (natural person or legal entity) who has completed and submitted an order through the Seller’s Online Store and who has received an email notification of the acceptance of the order. The Buyer is also every person who has placed an order by telephone or by sending an email.
4.1.The Consumer is a Buyer who, when concluding a purchase contract through the Seller’s Online Store, does not act within the scope of their business activity.
5.Products are goods or services that are intended for sale and are at the same time published in the Seller’s Online Store.
6.The competent authority supervising legality in the area of consumer protection is:
Inšpektorát SOI pre Žilinský kraj so sídlom v Žiline
Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1. Supervision Department tel. no. 041/763 21 30, 041/724 58 68.
email: za@soi.sk
7.In the case of any complaints or suggestions, the Consumer may also address them directly to the Seller, and we recommend that Buyers use the Seller’s email address for sending complaints and suggestions to the Seller: vedenie@hotelacko.sk
Any complaint will be assessed and resolved within 10 working days in accordance with the legal order of the Slovak Republic. We will inform the consumer about its resolution in the same form in which the consumer delivered the complaint or suggestion to the Seller.
1.The proposal to conclude a purchase contract on the part of the Buyer is an order of products placed through the electronic order form in the Seller’s Online Store, or by other means of distance communication /e.g. e-mail, telephone, fax, etc./. In the case of payment for products before their delivery to the Buyer, the purchase price is considered paid on the day the funds are credited to the Seller’s account.
2.The acceptance of the product order by the Seller, and thus the conclusion of the purchase contract, occurs on the basis of a written confirmation (electronic) of the receipt of the order, whereby the Seller informs the Buyer that the product order has been accepted, and subsequently the Seller informs the Buyer that the order has been submitted for dispatch.
3.The purchase contract is concluded for a definite period and expires upon the fulfilment of the obligations of the Seller and the Buyer.
4.The purchase contract may also be terminated by agreement of the contracting parties, by withdrawal or by its termination.
5.The Seller hereby also informs the Buyer that it does not condition the placing of an order on the requirement of consent to the terms and conditions, with regard to the decision of the SOI issued under file number SK/0677/99/2015.
III. Purchase price and payment terms
1.The price of goods and services ordered through the Online Store (hereinafter referred to as the “purchase price“) is stated separately for each product and is valid at the moment the order is created by the Buyer.
2.The basic currency is the euro.
3.The price of goods and services is stated including VAT and is clearly indicated in the Online Store. By submitting the order, the Buyer accepts the stated purchase prices. The price of the products does not include transport costs or other costs related to the delivery of the products.
1.1.payment by card via the Global Payments payment gateway
1.2.payment by transfer to the Seller’s account
1.The Seller dispatches the product within one working day from the day of conclusion of the purchase contract. If the Buyer has chosen payment in advance to the Seller’s account as the method of payment, the Seller dispatches the product within one working day from the day the purchase price is credited to the Seller’s account. If the product is not in the Seller’s stock, or other objective circumstances have arisen preventing the delivery of the product, the Seller undertakes to deliver the product no later than within two working days from the day of confirmation of the order by the Seller. If the chosen method of payment is payment in advance to the Seller’s bank account or via the payment gateway, the Seller will deliver the product within two working days from the day the purchase price is credited to the Seller’s account.
1.1.The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality together with the tax documents relating to the order and other documents, if they exist and are typical for the given products or services.
2.If the Seller cannot deliver the ordered product to the Buyer for objective reasons, despite the fact that the purchase contract has been concluded, the Seller is obliged to inform the Buyer thereof without delay and to refund the paid purchase price for the product within 15 days, unless the contracting parties agree on substitute performance. By refunding the paid purchase price, the contractual relationship between the Seller and the Buyer automatically terminates.
2.1.The Seller, pursuant to Art. V, point 2., shall refund the paid purchase price to the Buyer in the same form in which the Buyer paid. A change in the form of refunding the purchase price is possible only with the consent of the Buyer.
3.The place of delivery of the ordered product is the address stated by the Buyer in the order.
4.The Seller shall carry out the delivery of the product by its own means into the hands of the Buyer (or a person authorised in writing by the Buyer to take over the product), or through third parties (transport and courier companies).
5.The delivery of the product is carried out by handing it over to the Buyer (or a person authorised in writing by the Buyer to take over the product).
6.The Seller may send the goods that are immediately available to the Buyer and deliver the remaining part of the order additionally within the statutory period, provided, however, that the Buyer will not be charged any additional postage other than that which was included in the order, and only if the Buyer agrees to this.
1.The risk of damage to the product and liability for damage to the product passes to the Buyer upon its takeover, regardless of whether the Buyer takes over the product in person or through an authorised/empowered third party.
2.The ownership right passes from the Seller to the Buyer at the moment of delivery and proper takeover of the goods or service.
2.1.The Buyer has, among other things, the right not to take over the delivered product from the carrier, in particular if the delivered item is of a different type, or in the following cases:
2.2.If an item is delivered to the Buyer pursuant to letter a) of point 2.1 of this article, the Buyer has the right to have the Seller deliver an item in accordance with the conditions agreed in the purchase contract, free of charge and without undue delay, either by exchanging the item or by repairing it. If such a procedure is not possible, the Buyer has the right to demand a discount on the purchase price or to withdraw from the contract.
2.3.The Buyer is obliged to pay the Seller for the duly delivered goods or service properly and on time.
VII. Transport – methods of transport of products and the price for their transport
1.The Seller’s transport costs are not included in the purchase price of the product. These will be quantified in the automatically generated invoice or in the price quotation sent by email, or will be stated when filling in the order form on the Seller’s Website, and the Buyer undertakes to pay them together with the purchase price.
2.1. The Seller delivers goods and services within the territory designated as the Slovak Republic.
2.3. Forms of Transport:
2.3.1. Electronically
2.4. Transport Prices:
Free of charge VIII. Withdrawal of the Buyer from the purchase contract without stating a reason
1.The Consumer is entitled to withdraw from the contract without stating a reason within 14 calendar days from the day of taking over the goods, if the Seller has duly and timely fulfilled its information obligations pursuant to § 12 of Act No. 102/2014 Coll. If the Seller fulfilled these information obligations additionally, the Consumer is entitled to withdraw from the contract within 14 calendar days from the day on which the Seller additionally fulfilled the information obligations, but no later than within 12 months from the start of the withdrawal period; the period for withdrawal from the contract expires after 14 days from the day on which the Seller fulfilled the information obligation.
If the Seller has not provided the Consumer with instructions on the right to withdraw from the contract even within the additional period pursuant to the preceding sentence, the period for withdrawal from the contract expires after 12 months and 14 days from the day on which the statutory withdrawal period began to run.
2.The Consumer is obliged, if they wish to exercise this right, to notify the Seller of the withdrawal from the purchase contract no later than on the last day of the specified period, or to hand over this withdrawal for postal transport no later than on the last day of the period to the address of the Seller, which is: ÁČKO a.s., Sídlo: Textilná 19, 034 01 Ružomberok, Slovensko. The Consumer is obliged to send the goods back or hand them over to the Seller or a person authorised by the Seller to take over the goods no later than within 14 days from the day of withdrawal from the contract. This does not apply if the Seller proposes to collect the goods in person or through a person authorised by them. The period referred to in the first sentence is deemed to have been observed if the goods were handed over for transport no later than on the last day of the period. (§10 par. 1 of Act No. 102/2014 Coll.).
3.Withdrawal from the purchase contract may be exercised with the Seller in paper form or in the form of a record on another durable medium (e.g. e-mail). The withdrawal from the contract may also be exercised by means of the Withdrawal Form, which is available on the Seller’s website. The Consumer is also entitled to withdraw from the contract orally, in particular by means of an unambiguously formulated statement of the Consumer expressing their will to withdraw from the contract. We recommend that the Consumer state in the withdrawal from the contract the order number, date of purchase, type of goods from which they are withdrawing, name and surname, address and, where applicable, also the account number to which all payments provided to the Seller under the withdrawn contract are to be refunded, if they decide to request that the payment for the goods be sent to the account number stated by them. Otherwise, the Seller will refund the payment for the goods to the Consumer in the same way as the Consumer used for their payment.
4.By withdrawing from the contract, the contracting parties are obliged to return to each other the performances provided. The Consumer is liable only for the decrease in the value of the goods that arose as a result of such handling of the goods that is beyond the scope of the handling necessary to ascertain the properties and functionality of the goods. The Consumer is not liable for the decrease in the value of the goods if the Seller did not inform them of the possibility of withdrawing from the contract, the conditions, the period and the procedure for exercising the right of withdrawal. If the value of the goods has been reduced as a result of handling the goods beyond the scope of the handling necessary to ascertain the properties and functionality of the goods (e.g. the goods are damaged), the Consumer is liable to the Seller for the damage thus incurred. Handling of the goods beyond the scope of ascertaining the properties and functionality of the goods shall be considered, in particular, the use of the goods to a greater extent than is necessary to ascertain the nature, characteristics and functionality of the goods. The decrease in the value of the goods shall also include, in particular, justified expenses for restoring the product to its previous condition.
5.If the Consumer withdraws from the contract within the meaning of Act No. 102/2014 Coll., they bear the costs of returning the goods to the Seller pursuant to § 10 par. 3 of Act No. 102/2014 Coll., and if they withdraw from a distance contract, also the costs of returning goods which, due to their nature, cannot be returned by post. This does not apply if the Seller has agreed to bear them itself, or if the Seller has not fulfilled its obligation pursuant to § 3 par. 1 letter i) of Act No. 102/2014 Coll.
6.The operator of the Online Store shall refund the payment made for the goods / service, including transport costs within the meaning of the provision of §9 par. 3) of Act No. 102/2014 Coll., as well as the costs demonstrably incurred for ordering the goods, within 14 days from the day of delivery of the withdrawal from the contract.
7.The Seller is not obliged to reimburse the Consumer for additional costs if the Consumer has expressly chosen a method of delivery other than the cheapest standard method of delivery offered by the Seller. Additional costs mean the difference between the delivery costs chosen by the Consumer and the costs of the cheapest standard method of delivery offered by the Seller.
8.Shipments sent as cash on delivery in the case of withdrawal from the purchase contract will not be accepted by us. We recommend that Buyers send shipments by registered mail.
9.The right of withdrawal from the contract does not apply to goods and services that are defined in §7 par. 6 letters a) to l) of Act No. 102/2014 Coll.
Specifically:
-goods made to order or custom-made (goods made according to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer),
-goods subject to rapid deterioration in quality or perishability (foodstuffs, desserts, cakes),
-goods enclosed in protective packaging which is not suitable for return for health protection or hygiene reasons and whose protective packaging has been broken after delivery (underwear, sterile packaging, etc.),
-unwrapped CDs, DVDs, computer games (sale of sound recordings, video recordings, audiovisual recordings, books or computer software sold in protective packaging, if the consumer has unwrapped this packaging),
-newspapers, magazines and unpackaged books (sale of periodicals with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging),
-so-called digital download – the provision of electronic content other than on a tangible medium, if its provision has begun with the express consent of the consumer and the consumer has declared that they have been duly informed that by expressing this consent they lose the right to withdraw from the contract,
-the sale of goods or the provision of a service whose price depends on price movements on the financial market which the Seller cannot influence and which may occur during the withdrawal period,
-the sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
-the transport of goods, car rental, the provision of catering services or the provision of services related to leisure activities, under which the Seller undertakes to provide these services at the agreed time or within the agreed period,
-the performance of urgent repairs or maintenance expressly requested by the consumer from the Seller (this does not apply to service contracts and contracts whose subject is the sale of goods other than spare parts necessary for carrying out the repair or maintenance, if they were concluded during the Seller’s visit to the consumer and the consumer did not order these services or goods in advance),
-the provision of a service, if its provision has begun with the express consent of the consumer and the consumer has declared that they have been duly informed that by expressing this consent they lose the right to withdraw from the contract after the full provision of the service, and if the service has been fully provided,
-the sale of alcoholic beverages whose price was agreed at the time of conclusion of the contract, whereby their delivery can be carried out no earlier than after 30 days and their price depends on market price movements which the Seller cannot influence.
12.In the case of withdrawal from the contract, the Seller is obliged to refund the funds to the Consumer in the same form in which it received them from the Consumer. Changing the form of refunding the funds to the Consumer is possible only on the basis of the Consumer’s consent.
Alternative dispute resolution
The Buyer – consumer – has the right to contact the Seller with a request for redress by e-mail at vedenie@hotelacko.sk if they are not satisfied with the way in which the Seller handled their complaint or if they believe that the Seller has violated their rights. If the Seller responds to this request negatively or does not respond to it within 30 days of its sending, the consumer has the right to submit a proposal for the initiation of alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as an ADR entity) pursuant to Act No. 391/2015 Coll. ADR entities are bodies and authorised legal entities pursuant to § 3 of Act No. 391/2015 Coll. The consumer may submit the proposal in the manner specified pursuant to §12 of Act No. 391/2015 Coll. The consumer may also file a complaint through the alternative dispute resolution platform ODR, which is available at https://ec.europa.eu/info/policies/consumers_en. Alternative dispute resolution may be used only by a consumer who is a natural person who, when concluding and performing a consumer contract, does not act within the scope of their business activity, employment or profession. Alternative dispute resolution concerns only a dispute between a consumer and a seller arising from a consumer contract or related to a consumer contract. Alternative dispute resolution concerns only contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed the amount of EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of alternative dispute resolution up to a maximum of EUR 5 including VAT.
2.Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with natural persons who, when concluding a purchase contract pursuant to these GTC, do not act within the scope of their business activity, are governed, in addition to the general provisions of Act No. 40/1964 Coll. the Civil Code as amended, also by special regulations, in particular Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller’s business premises, and Act No. 250/2007 Coll. on consumer protection.
3.Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with legal entities, or with natural persons – entrepreneurs who act within the scope of their business activity, are governed by the provisions of Act No. 513/1991 Coll. the Commercial Code as amended.
4.These General Terms and Conditions form an integral part of the Complaints Procedure and the Privacy Policy and Information on Personal Data Protection of this online store. The documents – the Complaints Procedure and the Privacy Policy and Information on Personal Data Protection of this online store are published on the domain of the Seller’s Online Store.
