Terms and Conditions

TERMS AND CONDITIONS

  1. These General Terms and Conditions (the "Terms and Conditions") govern the rights and obligations of the undertaking JAPITEX Ltd., located Podháj 14 974 05 Banská Bystrica ID: 36034827, VAT: SK2020087564 registered in the District Court BB Section: Sro, Insert No : 5801 / S, (hereinafter referred to as the “Seller”) and the Buyer (hereinafter referred to as the “Buyer”) when purchasing goods offered by the Seller through the online store on the Seller's website www.japitex.com (hereinafter referred to as "japitex.com") and are inseparable part of the purchase contract concluded between the Buyer and the Seller at a distance through electronic commerce on the Internet (hereinafter referred to as the "Purchase Agreement"). (Seller and Buyer together hereinafter referred to as the "Parties").
  2. These Terms and Conditions apply to the purchase of goods ordered through electronic commerce (hereinafter "E-commerce") on japitex.com
  3. The Terms and Conditions come into force on the day of their publication on japitex.com
  4. All relations between the Buyer and the Seller, which are not regulated by Terms and Conditions, are governed by the relevant provisions of the Civil Code, the Act, Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended and the Act on Consumer Protection in Mail Order.
  5. The rights of the Buyer in relation to the Seller arising from Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offences as amended and Act no. and Act No. 102/2014 for the protection of consumers in the sale of goods and provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises remain unaffected by these Terms and Conditions.
  6. Buyer refers to the customer, which enters into a contractual relation with the seller on the basis of the purchase contract via japitex.com
  7. Electronic order means a sent electronic form containing information about the Buyer, a list of ordered goods from the offer of the E-shop on japitex.com and the total price of these goods, processed by the E-shop system.
  8. Goods are all products listed in the valid pricelist of the Seller on japitex.com
  9. The entire content of the Site is protected by copyright. Users may not modify, copy, distribute, transmit, display, publish, sell, grant permission, create derivative works or use any content of the Site for commercial or public purposes without the consent of the CEO of Japitex s.r.o.
  10. Contact details of the Seller for Buyers:

Ing. Peter Hudec
Tel.: +421 908 815 654
E-mail: eshop@japitex.sk

THE ORDER

  1. The condition for the validity of the electronic order is the true and complete completion of all registration forms.
  2. The Seller is not responsible for delays in delivery and for damage caused by the fact that the Buyer did not enter all the required data during registration and / or filled in the registration form incorrectly. The Seller is also not liable for damage caused to the Buyer as a result of the Buyer's forgotten access password and / or the Buyer's access password falling into the hands of unauthorized persons without the Seller's fault.
  3. The received electronic order is considered a draft of the Purchase Agreement and is binding.
  4. The Seller is obliged to confirm the content of the Buyer's electronic order by e-mail message (to the Buyer's e-mail address specified in the electronic order) or by telephone immediately after its delivery to the Seller, otherwise the Purchase Agreement between the Contracting Parties has not been concluded. The Buyer is obliged to check the content of the electronic order specified in the e-mail message by the Seller. In the event of any discrepancies regarding the content of the electronic order confirmed by the Seller, the Buyer is obliged to notify the Seller via e-mail sent to the e-mail address eshop@japitex.sk
  5. The following are considered essentials of an electronic order:

Buyer identification, business name or name and surname, registered office/residence, contact (telephone and e-mail address) and, in the case of legal entities or contractors, ID number, VAT number;
Description and name of the ordered goods according to the catalogue;
Quantity of ordered goods;
Address of the place of delivery of the goods (if this information is not provided, it is considered that the goods are to be delivered to the address of the Buyer's registered office/residence);

  1. If the order does not contain the requisites according to the previous article, it is considered incomplete. In such a case, the Seller will try to contact the Buyer and invite him to eliminate the shortcomings of the electronic order and its possible specification and/or supplementation. Upon delivery of data specifying and/or supplementing the electronic order to the Seller, the electronic order is considered complete.
  2. After sending the order, your order will be processed and a confirmation of receipt of the order by the seller will be delivered to your e-mail immediately. If necessary, all further information regarding your order will be sent to the given e-mail address.

ORDER CANCELLATION

  1. The seller has the right to cancel the order if due to the sale of stock or unavailability of goods is unable to deliver the goods to the buyer within the period specified in these terms and conditions, or at the price specified in the online store unless agreed with the buyer to replace. The buyer will be informed about the cancellation of the order by phone or e-mail.
  2. If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to his account within 14 calendar days.

CONSUMER AGREEMENTS AND WITHDRAWAL FROM THE PURCHASE AGREEMENT

Contract withdrawal form

  1. If the seller is unable to fulfill his obligations under the purchase contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer or supplier of goods agreed in the purchase contract has discontinued production or made major changes that prevented the seller from fulfilling obligations for reasons of force majeure or if, even with all efforts that can be reasonably required of him, is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price specified in the order, the seller is obliged to immediately inform the buyer and at the same time he is obliged to offer the buyer a substitute offering or the possibility for the buyer to withdraw from the purchase contract (cancel the order). In the event that the buyer withdraws from the purchase contract for the reasons stated in this point of these complaint and business conditions, the seller is obliged to return to the buyer the advance payment for the goods agreed in the purchase contract within 14 days of notification of withdrawal by transfer to the account designated by the buyer.
  2. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with Art. § 7 et seq. Act No. 102/2014 Coll. on consumer protection in distance selling (hereinafter referred to as the “Act on consumer protection in distance selling”) within 14 days of receipt of the goods - from the date of concluding a contract for the provision of a service or a contract for the provision of electronic content not delivered on a tangible medium, if the seller has fulfilled the information obligations pursuant to Art. § 3 of the Act on Consumer Protection in Distance Selling.
  3. Within this period, the buyer has the right to unpack and test the goods in a manner similar to the usual purchase in a classic "brick and mortar" shop, to the extent necessary to determine the nature, properties and functionality of the goods.
  4. The period for withdrawal from the contract begins on the day when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if:
    a) the goods ordered by the buyer in one order are delivered separately, from the day of taking over the goods that were delivered last,
    b) delivers goods consisting of several parts or pieces, from the day of taking over the last part or the last piece,
    c) under contract, delivers the goods repeatedly for a specified period, from the date of taking over of the first goods delivered.
  5. The buyer may withdraw from the purchase contract, the subject of which is the purchase of goods even before the start of the period for withdrawal from the contract.
  6. Withdrawal from the contract must be made by the buyer in writing in a clear manner that does not raise doubts about withdrawal from the contract, or in the form of a record on another durable medium or using the form in the Annex no. 1 of these business and complaint conditions. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than the last day of the period under Art. § 7 par. 1 of the Act on Consumer Protection in Distance Selling.
  7. Withdrawal from the purchase contract according to the last point of these business and return conditions must include the date of withdrawal from the contract, the name and address of the buyer, the date of the order and the exact specification of the goods. In addition, we recommend that you specify how the seller should return the already received payment with the bank account number and / or the buyer's preferred mailing address.
  8. If the buyer withdraws from the purchase contract, any additional contract related to the purchase contract from which the buyer withdrew is also cancelled from the beginning. It is not possible to demand from the buyer any costs or other payments in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in Art. § 9 par. 3, par. § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Prices for a Service, if the subject of the contract is the provision of a service and the full provision of the service has taken place.
  9. The buyer is obliged without undue delay, but no later than within 14 days from the date of withdrawal from the purchase contract to send the goods back to the address of the operator's registered office or hand it over to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller has proposed to pick up the goods in person or through a person authorized by him. The time limit according to the first sentence of this point of these terms and conditions is considered to be kept if the goods were handed over for transport no later than on the last day of the time limit.
  10. The buyer is obliged to deliver to the seller the complete goods, including complete documentation, undamaged, preferably in the original packaging and unused.
  11. It is recommended to insure the goods. The seller does not accept cash on delivery. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the buyer to return to the buyer all payments received from him under the purchase contract or in connection with it, including transport, delivery and postage and other costs and fees. The seller is not obliged to return the payments to the buyer under this point of these terms and conditions before delivery of the goods or until the buyer proves the return of the goods to the seller, unless the seller suggests that he pick up the goods in person or through a person authorized by him.
  12. The buyer bears the cost of returning the goods to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled the obligation under § 3 para. 1 letter i) of the Act on Consumer Protection in Distance Selling.
  13. The buyer is only responsible for the reduction in the value of the goods, which arose as a result of such treatment of the goods, which is beyond the treatment necessary to determine the properties and functionality of the goods. The consumer is not responsible for the reduction in the value of the goods if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract under § 3 para. 1 letter h) of the Act on Consumer Protection in Distance Selling.
  14. The seller is obliged to return the purchase price for the goods to the buyer in the same way as used by the buyer in his payment, unless the buyer agrees on another method of refund without additional payment to the buyer in this regard.
  15. $ 9 Obligations of the seller in withdrawing from the contract

(a) The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal, to return to the consumer all payments received from him under or in connection with the contract, including transport, delivery and postage and other costs. costs and fees, this does not affect the provision of § 8 paragraph 5.

(b) The seller shall repay the payment to the consumer in accordance with paragraph 1 in the same manner as the consumer used in making his payment. This is without prejudice to the consumer's right to agree with the seller on another method of payment, provided that no additional fees are charged to the consumer.

  1. In accordance with para. § 7 par. 6 of the Act on Consumer Protection in Distance Selling, the buyer may not withdraw from the contract, the subject of which are:
    the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for one consumer,
    the sale of goods enclosed in a protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,
    the sale of sound recordings, video recordings, sound recordings, books or computer software sold in protective packaging, if the consumer has unpacked that packaging,
    the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer has stated that he has been duly informed that by expressing this consent he loses the right to withdraw from the contract.
    the sale of goods which, at the time after the conclusion of the contract and the taking over of the goods from the seller to the buyer, are assembled, assembled or used in such a way that their restoration by the seller is not possible without increased effort and increased costs, e.g. folded or assembled furniture, etc.
  2. The buyer is obliged without undue delay, but no later than within 14 days from the date of withdrawal from the purchase contract to send the goods back to the address of the seller's registered office or hand it over to the seller or a person authorized by the seller to take over the goods. The cost of returning the goods to the seller is borne by the buyer. This does not apply if the seller has proposed to pick up the goods in person or through a person authorized by him. The period under the first sentence of this point of these terms and conditions of business and complaint shall be deemed to have been observed if the goods were handed over for transport no later than on the last day of the period.
  3. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the buyer to return to the buyer all payments received from him under the purchase contract or in connection with it, including shipping, delivery and postage and other costs and fees. . This does not apply to additional costs if the buyer has chosen a different type of delivery than the cheapest normal method of delivery offered by the seller, nor to the costs of additional services, if they were the subject of the contract and if they have been fully provided.
  4. The seller is not obliged to return the payments to the buyer under this point of these terms and conditions before delivery of the goods or until the buyer proves the return of the goods to the seller, unless the seller suggests that he pick up the goods in person or through a person authorized by him.
  5. If the buyer withdraws from the purchase contract, any additional contract related to the purchase contract from which the buyer withdrew is also cancelled from the beginning.
  6. The provisions of this article of the business and complaint conditions do not explicitly apply to entities that do not meet the definition of a consumer set out in para. § 2 letter a) of the Act. If you are not a consumer, ie you buy goods as part of your business or entrepreneurial activity (which is decided by the ID number on the purchase document), you do not have the right to withdraw, because the law does not provide for this possibility.
  7. Unless the seller and the buyer have agreed otherwise in the purchase contract, the seller is obliged to deliver the item to the buyer without delay, no later than 30 days from the date of conclusion of the purchase contract. If the seller has not fulfilled his obligation to deliver the item within the period under the first sentence, the buyer shall invite him to deliver the item within the additional reasonable period provided by him. If the seller does not deliver the item even within this additional reasonable period, the buyer is entitled to withdraw from the contract.

INSTRUCTIONS ON THE APPLICATION OF THE BUYER'S RIGHT TO WITHDRAW FROM THE PURCHASE AGREEMENT

  1. Right to withdraw from the purchase contract

You have the right to withdraw from this purchase agreement without giving a reason within 14 days. The period for withdrawal from the contract expires 14 days from the day when you or a third party designated by you, with the exception of the carrier, takes over the goods. When exercising the right to withdraw from the purchase agreement, inform us of your decision to withdraw from this purchase agreement by making a clear statement (for example, by letter sent by post, fax or e-mail) at Japitex s.r.o. Povstalecká 61 Banská Bystrica 97409 Slovakia email: eshop@japitex.sk, phone no. +421 944 353 654. For this purpose, you can use the sample form for withdrawal from the purchase contract, which is located as Annex no. 1 business and complaint conditions.  If you use this option, we will immediately confirm the receipt of the withdrawal from the purchase contract by e-mail, resp. on another durable carrier. The period for withdrawal from the purchase contract is maintained if you send a notice of the exercise of the right to withdraw from the purchase contract before the period for withdrawal from the purchase contract expires.

  1. Consequences of withdrawal from the contract

In the event of withdrawal from the purchase contract, we will refund all payments you have made in connection with the conclusion of the purchase contract, in particular the purchase price, including the cost of delivery of goods to you. This does not apply to additional costs if you have chosen a different type of delivery than the cheapest standard delivery method we offer, nor to the costs of additional services, if they have been the subject of a contract and if they have been fully provided. Payments will be returned to you without undue delay and in any case no later than 14 days from the date on which we receive your notice of withdrawal from this purchase agreement. They will be paid in the same way as you used for your payment, unless you have explicitly agreed to another method of payment, without charging any additional fees. Payment for the purchased goods will be paid to you only after delivery of the returned goods back to our address or upon presentation of a document proving the return of the goods, whichever comes first. Send the goods back to us or bring them to the address of the company's registered office without undue delay and in any case no later than 14 days from the date of exercising the right to withdraw from the contract. The period is considered to be observed if you return the goods before the expiry of the 14-day period. The direct costs of returning the goods are borne by you. Please note that in the event of withdrawal from the purchase contract, you are responsible for any reduction in the value of the goods due to handling in the period from delivery to the moment of return in a manner other than necessary to determine the nature, properties and functionality of the goods.

Age limit

Only persons older than 16 years can order on our e-shop www.japitex.com. If the customer is under 16 years of age, the goods must be ordered for him-her by his legal representative or another person over 16 years of age.


Price conditions

  1. The purchase price of goods offered by the Seller through Japitex.com is always listed next to the selected goods. All prices for goods and services and all fees in the japitex.com online store are final, including VAT. All shares are valid until stocks are exhausted unless otherwise stated for a specific product.
  2. The Seller reserves the right to unilaterally adjust (increase / decrease) the prices of goods listed on japitex.com, provided that the new prices of goods are valid for the Buyer on the day of their publication on Japitex.com. Such price adjustment does not apply to goods already ordered by the Buyer. In the event that the price on japitex.com appears to be obviously incorrect for some goods, e.g. if the goods are commonly available and generally known and their price differs from the usual price, or due to a system error, the price of the goods will appear "0 EUR" or "1 EUR". offer delivery of goods at a proper price. If the Buyer in this case does not agree with the proper price of the goods, he/she may withdraw from the Purchase Agreement.
  3. In the case of larger orders, it is possible to agree on an individual discount, depending on the volume of the ordered goods.

PAYMENT TERMS


You can find payment terms here

DELIVERY TERMS

  1. You can find the price of individual types of delivery here
  2. Ownership of the goods passes to the Buyer by taking it over and paying the purchase price.
  3. The consignment with the goods always contains an invoice. Upon receipt of the goods, the Buyer is obliged to check whether the packaging in which the goods are packed is not damaged and to sign a proof of receipt of the shipment. In case of its damage, it is necessary to write a report with the carrier on the detected defects caused during transport at the place of delivery of the goods. If the Buyer takes over the goods despite the obvious damage to the packaging, the Seller will not accept any subsequent complaints for this reason.
  4. Only the one that does not show these signs is considered to be an undamaged, unopened, original shipment. The carrier Slovenská pošta or GLS courier company is obliged to sell the goods to the Buyer item by item and to write the write-up on the spot. The carrier is responsible for such damage. If the shipment was not damaged during acceptance, and nevertheless the goods are damaged after unpacking, report it to the Seller immediately (within three working days at the latest). If you do not do so, you can claim from the defects found during the inspection only if you prove that the goods already had these defects at the time of receipt.
  5. Prices and conditions of delivery of goods to the territory of the Member States of the European Union can be found here

WARRANTY AND RETURNS

  1. The Buyer is provided with a warranty period of 24 months for the delivered goods. The warranty period begins on the day the goods are handed over to the Buyer.
  2. Each product purchased from the Seller is accompanied by an invoice (proof of purchase of goods) upon delivery to the Buyer, which also serves as a warranty document.
  3. Only goods purchased from the Seller and fully paid can be claimed. Defective situation liability rights apply at the seller's registered office or at the operation of another entity designated to carry out repairs (warranty service). Addresses and telephone numbers can be found by the buyer in the Contact section on the website www.japitex.com
  4. When making a complaint, the Buyer is obliged to deliver the claimed goods to the address of the Seller's registered office. Please deliver the goods clean, mechanically undamaged, including the required documents (invoice). We do not accept goods sent on delivery. We recommend insuring the shipped goods.
  5. The seller will decide on the complaint immediately in complex cases within 3 working days. In justified cases, especially if a complex technical assessment of the condition of the product is required, no later than 30 days from the date of the complaint. After this period, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new product.
  6. All legally applied warranty repairs are free of charge, including the cost of delivery of the repaired goods to the Buyer.
  7. The warranty does not cover errors, defects, defects and damage caused by use, wear, misuse or improper handling of the goods by the customer.
  8. The buyer will be informed about the result of the complaint immediately after the end of the complaint procedure by telephone and at the same time it will be delivered to him via e-mail or registered mail complaint protocol.

You can find the return form here

PERSONAL DATA PROTECTION

  1. The contracting parties have agreed that the buyer, if he is a natural person, is obliged to notify the seller in the order of his name and surname, address of permanent residence, including postal code, telephone number and e-mail address.
  2. The contracting parties have agreed that the buyer, if he is a legal entity, is obliged to notify the seller in the order of his business name, registered office address, including postal code, ID number, telephone number and e-mail address.
  3. The buyer can check and change the provided personal data at any time, as well as cancel his registration after logging in to the e-commerce website in the My Account section.
  4. The seller hereby notifies the buyer that the meaning of Art. § 10 par. 3 letter b) of Act no. 122/2013 Coll. on Personal Data Protection and on Amendments to Certain Acts as Amended (hereinafter referred to as “APDP”) the seller as an operator will process the buyer's personal data in the process of concluding the purchase contract without his consent as the data subject, as the buyer's personal data will be pre-contractual relations with the buyer and the processing of personal data of the buyer is necessary for the performance of the purchase contract, in which the buyer acts as one of the parties.
  5. The buyer can, by checking the appropriate box before sending the order, express his consent in accordance with Art. § 11 par. 1 of the Act, that the seller processes and stores his personal data, in particular those listed above and / or that are necessary in the activities of the seller to send information about new products, discounts and promotions on the offered goods and process them in all its information systems , concerning the sending of information about new products, discounts and promotions on the offered goods.
  6. The Seller undertakes to handle and dispose of the Buyer's personal data in accordance with the valid legal regulations of the Slovak Republic.
  7. The Seller declares that in accordance with Art. § 6 par. 2 letter c) APDP will collect personal data exclusively for the purpose stated in these business and complaint conditions.
  8. The Seller declares that in accordance with Art. § 6 par. 2 letter e) APDP will collect personal data for purposes other than those specified in these terms and conditions and ensure that personal data are processed and used exclusively in a manner that corresponds to the purpose for which they were collected and that it will not combine them with personal data, which have been obtained for other purposes.
  9. The Buyer grants the Seller consent in accordance with point 9.5 of these complaint and business conditions for a definite period until the purpose of processing the Buyer's personal data is fulfilled. The seller will immediately ensure the liquidation of the buyer's personal data on the fulfillment of the purpose of processing. The buyer may revoke the consent to the processing of personal data at any time in writing. The consent expires within 1 month from the delivery of the revocation of consent by the buyer to the seller.
  10. Before sending the order, the buyer will be asked to confirm by checking the box before sending the order that the seller has notified him in a sufficient, comprehensible and irreplaceable way:
    (a) their identification data, which are referred to in Article 1. these business and complaint conditions,
    b) identification data of a third party, which is a company that delivers the ordered goods to the buyer so that these data are stated in the acceptance,
    c) the purpose of processing personal data, which is the conclusion of a purchase contract between the seller and the buyer,
    d) that it will process the personal data of the buyer in the range of name and surname, address of permanent residence including postal code, telephone number and e-mail address if the buyer is a natural person and in the range of business name, registered office address including postal code, ID number, telephone number and e-mail address if the buyer is a legal entity,
    e) that the buyer is obliged to provide the required personal data,
  11. The Seller declares that it will process personal data in accordance with good morals and will act in a manner that does not contradict APDP or other generally binding legal regulations, nor will it circumvent them. The Seller declares that it will not enforce or condition the consent of the person concerned by threatening to reject the contractual relationship, service, goods or obligation imposed on the Seller.
  12. Upon written request, the buyer has the right to request from the seller:
    a) confirmation of whether or not personal data about his person are processed,
    b) the purpose of the processing of personal data,
    (c) in a generally comprehensible form, information on the processing of his personal data in the information system and on its status to the extent of:
    (i) the identification of the seller and the seller's representative, if appointed,
    (ii) the identity of the intermediary; this does not apply if the seller does not proceed in accordance with § 8 APDP when obtaining personal data,
    d) in a generally comprehensible form, precise information on the source from which he obtained his personal data for processing,
    e) a copy of his personal data which are the subject of processing in a generally comprehensible form,
    f) additional information which, taking into account all the circumstances and conditions of the processing of personal data, is necessary for the buyer to guarantee his rights and legally protected interests to the extent, in particular:
    (i) instructions on voluntariness or the obligation to provide the personal data requested; if the seller obtains the buyer's personal data on the basis of the buyer's consent pursuant to § 11 APDP, he shall also notify the time of validity of the consent, and if the buyer's obligation to provide personal data arises from a directly enforceable legally binding act of the European Union, an international agreement by which the Slovak Republic is bound or , the seller notifies the buyer of the legal basis which
    imposes this obligation on it and notifies it of the consequences of refusing to provide personal data,
    (ii) information about third parties, if personal data are expected or obviously provided to them,
    (iii) the range of recipients, if it is anticipated or obvious that personal data will be made available to them,
    (iv) the form of disclosure, if personal data are to be disclosed,
    (v) third countries, where the transfer of personal data to those countries is envisaged or is likely to take place,
    g) correction of his incorrect, incomplete or out-of-date personal data which are the subject of processing,
    (h) the destruction of his personal data if the purpose of their processing has been fulfilled; if official documents containing personal data are processed, it may request their return,
    i) liquidation of his personal data, which are the subject of processing, if there has been a violation of the APDP or another valid legal regulation of the Slovak Republic.
  13. On the basis of a free written request, the buyer has the right to object to the seller against:
    a) the processing of his personal data, which he assumes are or will be processed for the purposes of direct marketing, without his consent and request their destruction,
    b) the use of personal data specified in § 10 par. 3 letter (d) for the purposes of direct marketing by post; or
    c) the provision of personal data referred to in § 10 par. 3 letter (d) for direct marketing purposes.
  14. On the basis of a free written request, the buyer has the right to object to the processing of personal data by the seller in cases pursuant to § 10 para. 3 letter a), e), f) or g) APDP by expressing legitimate reasons or by providing evidence of unauthorized interference with its rights and legally protected interests, which are or may in a specific case be harmed by such processing of personal data; if this is not prevented by legal reasons and it is proven that the buyer's objection is justified, the seller is obliged to block and destroy the personal data, the processing of which the buyer objected to, without undue delay as soon as circumstances allow.
  15. Upon written request or in person, if the matter cannot be postponed, the buyer has the right to object to the seller at any time and not to submit to the seller's decision, which would have legal effects or significant impact, if such a decision is issued solely on the basis of automated processing of his personal data. The buyer has the right to request the seller to review the issued decision by a method different from the automated form of processing, while the seller is obliged to comply with the buyer's request, so that the decisive role in reviewing the decision will play an authorized person; the seller informs the buyer about the method of examination and the result of the finding within the period according to par. 9.18. of these Business Conditions. The buyer does not have this right only if provided by a special law, which provides for measures to safeguard the legitimate interests of the buyer, or if within the pre-contractual relationship or during the existence of contractual relationships the seller issued a decision to comply with the buyer's request, or if the seller the contract has taken other appropriate measures to safeguard the legitimate interests of the buyer.
  16. If the buyer exercises his right in writing and it follows from the content of his application that he exercises his right, the application shall be deemed to have been filed pursuant to this Act; the request submitted by e-mail or fax shall be delivered by the buyer in writing no later than three days from the date of its dispatch.
  17. If the buyer suspects that his personal data is being processed illegally, he may submit a notification to the Office for Personal Data Protection. If the buyer does not have full legal capacity, his rights can be exercised by a legal representative.
  18. The seller is obliged to process the buyer's request in accordance with this Art. of these business and complaint conditions, resp. comply with the requirements of the buyer according to APDP and inform him in writing no later than 30 days from the receipt of the request or request.
  19. Restriction of the buyer's rights according to § 28 par. 2 ADPDThe Seller shall immediately notify the person concerned in writing and the Office of the protection of personal data to the Office.
  20. The seller notifies the buyer that in accordance with Art. § 15 par. 1 letter e) point 3 and point 4 of the ADPD during the processing of the buyer's personal data, it is assumed that the buyer's personal data will be provided and made available to the following third parties, resp. circle of recipients: Slovenská pošta, a. s., with its registered office at Partizánska cesta č. 9, 975 99 Banská Bystrica, ID: 36631124, GLS General Logistics Systems Slovakia s.r.o., Lieskovská cesta 13, 962 21 Lieskovec, ID 36624942
  21. Persons under the age of 16 are strictly prohibited from providing their personal information on our e-shop.

Circumstances precluding liability for inability to perform
Neither of the Contracting Parties shall be liable for the impossibility of performance in the event that the facts occur due to force majeure.
Force majeure is considered to be an event which the Contracting Parties could not have foreseen and which they could not have prevented even with the highest possible professional care independent of their will, in particular war, uprising, strike, natural disasters, changes in legislation and others.
In the event of an event under point 2, the Contracting Parties are obliged to notify each other without undue delay.

SUPERVISORY AUTHORITY

Slovak Trade Inspection, STI Inspectorate for the Banská Bystrica Region, Dolna 46, 974 00 Banska Bystrica 1,

phone: 048/412 49 69, email: bb@soi.sk

ALTERNATIVE RESOLUTION OF CONSUMER DISPUTES

  1. If the consumer is not satisfied with the way in which the seller has handled his complaint or if he believes that the seller has violated his rights, he has the opportunity to turn to the seller for a request for redress. If the seller responds to the request for redress in a negative manner or does not respond to it within 30 days from the date of its dispatch, the consumer has in accordance with § 12 of Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts The right to file a motion to initiate an alternative resolution of one's dispute. The relevant subject for alternative dispute resolution of consumer disputes with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or another relevant authorized legal entity registered in the list of alternative dispute resolution subjects maintained by the Ministry of Justice of the Slovak Republic (http: //www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s), while the consumer has the right to choose which of the mentioned subjects of alternative-dispute resolution of consumer disputes. At the same time, the consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative dispute resolution proposal. Information on application fees can be found by the consumer on the website of a specific ADR entity



FINAL PROVISIONS

  1. When purchasing goods on japitex.com, the Buyer assumes knowledge of the technical possibilities of the Internet and the acceptance of possible problems caused by technology.
  2. The Seller is not liable for damages caused by incorrect connection to japitex.com. The protection of the computer, or the data contained in the computer, burdens the Buyer.
  3. The seller warns that the information provided on japitex.com may be updated without prior notice.
  4. The seller is not liable to another party for direct, indirect or extraordinary damages caused by the use of information from japitex.com
  5. The seller may at any time, without prior notice, change the goods listed on japitex.com
  6. The Seller reserves the right to change and / or supplement these Terms and Conditions at any time. Changes and / or additions to these Terms and Conditions come into force on the day of their publication on japitex.com
  7. The parties agree that any disputes arising between them arising from legal relations under the contract or related contracts, including disputes concerning the validity, interpretation and termination of this contract, shall be settled amicably.
  8. Before sending the order, the buyer will be asked to confirm by checking the box that he has read these general terms and conditions, fully understand their content and that he agrees with them.
  9. Buyers and sellers have agreed to fully recognize the electronic form of communication, in particular via electronic mail and the Internet, as valid and binding on both parties. An electronic form of communication is not acceptable in case of withdrawal from the purchase contract.
  10. By sending the order, the buyer confirms that he has read these general terms and conditions and agrees with them in full. Notwithstanding the other provisions of these terms and conditions, the seller, the buyer and the lost profit, no loss of opportunity or any other indirect or consequential losses due to negligence, breach of contract or otherwise. In the event that the competent authorities of the Slovak Republic prove certain provisions of these Terms and Conditions as invalid or unenforceable, in whole or in part, the validity and enforceability of other provisions of the Terms and Conditions and the remaining parts of the relevant provision of the Terms and Conditions remain unaffected.
  11. The Terms and Conditions are valid as stated on the Seller's website on the day of sending the electronic order form, unless otherwise expressly agreed between the two parties.

The business conditions come into force and effect on March 1, 2018. The seller reserves the right to change the general terms and conditions without prior notice.









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