General Terms and Conditions

Terms and conditions of C.CH.VZDUCHOTECHNIKA SKALICA, s.r.o.

1. Introductory provisions

  1. These general terms and conditions (hereinafter referred to as “GTC” or “terms and conditions”) of the company C.CH.VZDUCHOTECHNIKA SKALICA, s.r.o, with registered office: Nádražná 2950/33m, 909 01 Skalica, ID No.: 50 983 296, registered in the Commercial Register of the District Court of Trnava, Section: Sro, Insert No. 40320/T, (hereinafter referred to as the “Seller”) regulate the mutual rights and obligations of the parties arising from the purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) through the Seller’s online shop, as well as all rights and obligations of the parties related to the concluded Purchase Contract, as well as to any contract, the subject matter of which is the sale of goods and the provision of a service (hereinafter referred to as the “Service Contract”).
  2. The online shop is operated by the Seller on the internet address www.cch.sk through a web interface (hereinafter referred to as the “web interface of the shop”).
  3. These GTC also regulate the rights and obligations of the contracting parties when using the Seller’s website located at www.cch.sk (hereinafter referred to as the “Website”).
  4. For the purposes of these GTC, the buyer is considered to be a consumer, which is a natural person who does not act within the scope of his/her business, employment or profession when concluding and performing a consumer contract, and an entrepreneur, which is (i) a person registered in the Commercial Register, (ii) a person who operates a business on the basis of a trade license, (iii) a person who operates a business on the basis of a license other than a trade license pursuant to special regulations, and (iv) a natural person who is registered pursuant to a special provision of the Law on Businesses.
  5. A service is an activity or performance that is offered to the consumer by the seller for a fee in the form of installation of goods purchased on the seller’s website, in particular the installation of air conditioners, heat pumps and filtration equipment.
  6. Legal relations of the Seller with the Buyer, who is an entrepreneur, not expressly regulated by these GTC or by the contract between the Seller and the Buyer shall be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code as amended, as well as related regulations. In the event of any differences between the GTC and the individual contract, the provisions of the contract shall prevail.

2. Registration and user account

  1. The buyer can order goods without registration directly from the web interface of the store. If the Buyer registers on the website, he will be assigned a username and password and after logging in he can enter his user interface (hereinafter referred to as the “user account”), through which he can order goods and perform other related actions.
  2. When ordering goods and registering on the website, the buyer is obliged to provide correct and truthful all necessary data. The buyer is obliged to update the data provided in the user account without undue delay in case of any change. The Buyer is responsible for the truthfulness and correctness of the data provided by him.
  3. Access to the user account is secured by a username and password (hereinafter referred to as “access data”). The Buyer shall keep the Access Data confidential and protect it from disclosure to third parties. The Seller shall not be liable for any breach of this obligation by the Buyer. The Buyer is not entitled to allow third parties to use the user account.
  4. The Seller may cancel the user account of the Buyer, especially if the Buyer does not use his/her user account for more than two years, or if the Buyer violates his/her obligations under the Purchase Contract, including the Terms and Conditions.
  5. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment.

3. Order of goods and conclusion of the contract of sale and service contract

  1. The web interface of the shop contains a list of goods offered by the seller, services and including their purchase price. The purchase price of the goods and services offered includes value added tax and all related charges, with the exception of the cost of transporting the goods to the buyer, which is stated separately (Article 3.2). The purchase price of the goods and services offered remains valid for as long as it is displayed on the web interface of the shop.
  2. The web interface of the shop also contains information about the costs associated with the delivery of the goods to the buyer. The information related to the costs associated with the delivery of the goods listed on the web interface of the shop is valid only in the case when the goods are delivered within the Slovak Republic. In the case of delivery of goods outside the Slovak Republic, the Buyer shall bear all costs incurred by the Seller for such delivery.
  3. In the case of ordering goods, the buyer fills in the order form on the web interface of the store, which contains information about (i) the goods and services ordered – the selected goods and/or services are “inserted” by the buyer into the electronic shopping cart of the web interface of the store, (ii) the method of payment of the purchase price – the buyer selects the desired method of payment, (iii) the method of delivery – the buyer selects the desired method of delivery (hereinafter collectively referred to as the “order”).
  4. The buyer is obliged to fill in the order form completely, correctly and truthfully with his personal data and the data necessary for the delivery of goods or the provision of services. The Buyer shall send the order to the Seller by clicking on the “Complete Order” button. The Buyer is responsible for the accuracy and truthfulness of all the data provided and the data so provided is considered correct by the Seller. Immediately upon receipt of the order, the Seller shall confirm its delivery to the Buyer by e-mail to the Buyer’s e-mail address specified in the order or in the Buyer’s user account (hereinafter referred to as the “Buyer’s e-mail address”). Such notification shall be deemed to be acceptance of the order pursuant to clause 3.6 of the Terms and Conditions.
  5. The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order.
  6. We are not responsible for inappropriate client selection
  7. The purchase contract or the contract for the provision of services is concluded at the moment of delivery of the confirmation of receipt of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.
  8. The Buyer expressly agrees to the use of remote means of communication for the conclusion of a contract of sale or a contract for the provision of services.

4. Purchase price, price for services rendered and payment terms

  1. The Buyer is obliged to pay the Seller the purchase price of the goods/services agreed in the contract according to the Seller’s price list valid at the time of conclusion of the contract, including the cost of delivery of the goods (hereinafter referred to as the “Purchase Price”). The Buyer shall pay the Purchase Price to the Seller in one of the following ways: (i) by cash payment at the Seller’s designated establishment, (ii) by payment through a consumer credit company, (iii) by wire transfer to the Seller’s account specified in the binding acceptance of the order, (iv) by payment to the Seller’s account specified in the binding acceptance of the order.
  2. If the Buyer pays the Seller the purchase price by wire transfer, the date of payment shall be deemed to be the date on which the full purchase price is credited to the Seller’s account. The Buyer is obliged to pay the Seller the purchase price for the agreed goods within the time limit according to the purchase contract, but at the latest upon receipt of the goods.
  3. If the Buyer pays the Seller the purchase price for the goods agreed in the contract, the Buyer is entitled to withdraw from the contract and demand a refund of the purchase price only in accordance with the applicable laws of the Slovak Republic.
  4. All prices quoted on the Seller’s e-commerce website, unless otherwise stated, are inclusive of VAT.
  5. The weight, dimensions and other data on the goods contained in the Seller’s catalogues, brochures and other documents placed on the Seller’s e-commerce website are non-binding data.
  6. The Buyer acknowledges that there may be cases when the contract between the Seller and the Buyer is not concluded, especially in the case when (i) the Buyer orders goods at a price published in error due to an error in the Seller’s internal information system, (ii) the goods are unavailable, are not produced or have been discontinued, (iii) the price of the supplier of the goods or materials has changed. In such case, the Seller shall inform the Buyer of such fact.
  7. Costs associated with assembly and removal are not included in the purchase price of the goods and the seller is not obliged to provide these services to the buyer.
  8. If the Buyer has the goods made according to special requirements, the Seller reserves the right to require payment of the goods in advance.
  9. In the event that the buyer does not take delivery of or does not pay for the ordered goods within the agreed period of time, the seller is entitled to withdraw from the purchase contract and/or to demand from the buyer the payment of a contractual penalty of 20% of the agreed purchase price, unless otherwise agreed in the purchase contract. The contractual penalty is payable within 7 calendar days of receipt of the Seller’s demand for its payment.

5. Withdrawal of the consumer from the contract of sale and service contract

  1. The Seller shall be entitled to withdraw from the Purchase Contract on the grounds that it is unable to deliver the Goods to the Buyer within the period specified in these Terms and Conditions, and that even after making all efforts that may be fairly required of it, it is unable to deliver the Goods to the Buyer. The reasons for the impossibility to deliver the goods to the buyer are caused by or caused in particular by the sale of stocks, unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the contract of sale has interrupted production or made such significant changes that have made it impossible to perform the seller’s obligations under the contract of sale. The Seller is obliged to inform the Buyer of this fact and to refund the purchase price already paid for the goods agreed in the purchase contract within 15 days of the notice of withdrawal from the contract by transfer to the account designated by the Buyer.
  2. The buyer – consumer is entitled to withdraw from the purchase contract without stating a reason under the conditions regulated by Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a contract concluded at a distance or a contract concluded outside the seller’s premises and on amendments and supplements to certain laws (hereinafter referred to as the “Act on Consumer Protection in the Sale of Goods at a Distance”) within 14 days from the date of receipt of the goods. Within this period, the buyer – consumer has the right to unpack and test the goods in a reasonable manner, as is, for example, customary when buying in person in a shop. However, for the purposes of these GTC, to test does not mean to start using the goods and then return them to the Seller.
  3. The buyer – consumer is entitled to withdraw from the contract for the provision of services without stating a reason under the terms of the Act on Consumer Protection in the Distance Selling of Goods within 14 days from the date of conclusion of the contract for the provision of services.
  4. If, pursuant to a contract for the provision of a service, the provision of the service commences before the expiry of the withdrawal period, or if the consumer requests the provision of the service before the expiry of the withdrawal period, the seller hereby instructs the consumer that, by agreeing to the commencement of the provision of the service before the expiry of the withdrawal period, the consumer loses the right to withdraw from the contract once the service has been fully provided. In this respect, the seller may request the consumer’s express consent to the commencement of the provision of the service before the expiry of the withdrawal period and a declaration that the consumer has been duly instructed in accordance with the preceding sentence.
  5. The buyer – consumer may exercise the right to withdraw from the contract with the seller in paper form or in the form of a record on another durable medium or by means of a withdrawal form sent by email or to the postal address of the seller. The withdrawal form is available on the Seller’s website.
  6. Withdrawal from the contract of sale, contract for the provision of services by means of the withdrawal form according to the preceding paragraph of these general terms and conditions must contain the data required therein, in particular the exact specification of the goods / services date of ordering, the name and surname of the consumer, the address of the consumer, the signature of the consumer, the manner in which the seller is to return the performance already received, in particular the account number and/or postal address, date. By withdrawing from the purchase contract, the Buyer is obliged to deliver to the Seller the goods together with the accessories, including documentation, instructions, warranty card, proof of payment, etc. and in the original packaging by sending or bringing them to the address of the registered office of C.CH.VZDUCHOTECHNIKA SKALICA, s.r.o., with the registered office at: Nádražná 2950/33m, 909 01 Skalica.
  7. If the buyer-consumer withdraws from the purchase contract, any supplementary contract related to the contract from which the buyer-consumer withdrew is also cancelled from the outset. If a gift was given together with the goods and if the contract is withdrawn, the gift contract shall cease to have effect and the buyer shall be obliged to return the gift to the seller together with the goods.
  8. The buyer – consumer may withdraw from the purchase contract, the subject of which is the delivery of goods, even before the withdrawal period has started. The withdrawal period shall be deemed to have been observed if the notice of withdrawal is sent by the buyer-consumer to the seller no later than on the last day of the withdrawal period.
  9. Upon withdrawal from the contract, the Seller shall return to the Buyer-Consumer all payments that the Buyer-Consumer has demonstrably paid in connection with the conclusion of the contract, in particular the purchase price, including the cost of delivery of the goods. However, the Seller shall not be obliged to reimburse the Buyer-Consumer for additional costs if the Buyer has chosen a delivery method other than the cheapest normal delivery method offered by the Seller. Additional costs means the difference between the cost of delivery chosen by the buyer and the cost of the cheapest normal method of delivery offered by the seller. Payments will be refunded to the Buyer-Consumer within 14 days of the date on which the Seller receives the Buyer’s notice of withdrawal from the Contract of Sale. The refund will be made by the same method used by the Buyer to pay the Seller, unless the Buyer has specified a different method of payment on the withdrawal form, and without any additional charges.
  10. The buyer-consumer cannot withdraw from the purchase contract, the subject of which is the goods made according to his specific requirements. At the same time, we are not responsible for the buyer’s specific choice (colour, type of connection, size, etc.), which could lead to his unwillingness to accept the ordered goods.
  11. The Seller shall not be obliged to refund to the Buyer – Consumer any payments under clause 5.9 of these Terms and Conditions before the goods are delivered to the Seller from the Buyer or until the Buyer proves the return of the goods to the Seller. Payment for the purchased goods will therefore be paid by the Seller to the Buyer only after the returned goods have been delivered back to the address specified in clause 5.6 of these Terms and Conditions or upon presentation of a document proving that the goods have been sent back, whichever is earlier.
  12. The buyer – consumer is obliged to send back or hand over to the seller the goods together with the accessories, including documentation, instructions, warranty card, proof of payment, etc., in the original packaging within 14 days from the date of withdrawal from the contract at the latest.
  13. When withdrawing from the contract, the buyer – consumer bears the direct costs of returning the goods to the seller or the person authorized by the seller to receive the goods. Upon withdrawal from the contract, the buyer-consumer shall also bear the direct costs of returning the goods which, due to their nature, cannot be returned by post.
  14. If the Buyer-Consumer withdraws from the contract for the provision of services after having given the Seller explicit consent pursuant to clause 5.4 (last sentence), the Buyer-Consumer shall be obliged to pay the Seller the price for the performance actually provided. If the service has been provided by the Seller to the Buyer-Consumer and the Consumer withdraws from the service contract within the time limit pursuant to Section 7(b) of the Act on Consumer Protection in Distance Selling of Goods, the Buyer-Consumer shall be obliged to pay the Seller the price for the actual performance, including any costs incurred by the Seller (e.g. dismantling costs).
  15. In the event that the Buyer fails to comply with any of the obligations set out in clauses 5.5 and 5.6 of these Terms and Conditions, the withdrawal from the Purchase Contract shall not be valid and effective and the Seller shall not be obliged to reimburse any demonstrable payments under clause 5.9 of these Terms and Conditions to the Buyer.
  16. By sending an order to the Seller, the Buyer – consumer confirms that the Seller has timely and properly fulfilled its information obligations under § 3 (1) of the Consumer Protection in the Sale of Goods Act.

6. Transport and delivery of goods

  1. The method of delivery of the goods shall be chosen by the Buyer from the methods offered by the Seller, unless the Seller and the Buyer agree on a different delivery of the goods. The Seller undertakes to deliver the ordered goods to the Buyer no later than 30 working days from the acceptance of the Buyer’s order by the Seller; this delivery period is accepted by the Buyer without reservation. If the Seller does not have the goods physically in its warehouses and orders the goods from the Supplier only on the basis of the Customer’s order, this period may be extended by a further fourteen days, or if the goods are made to the Buyer’s specific requirements, this period may be extended depending on the manufacturer’s production capacities.
  2. We are not liable for delivery dates from suppliers in the case of goods made to the buyer’s specific requirements, these dates neither affect the price of the goods nor are they a reason for withdrawal from the contract.
  3. In the event that the Buyer does not take delivery of the goods within the period agreed in the Purchase Contract, binding acceptance of the order or unilaterally extended by the Seller, the Seller is entitled to withdraw from the Purchase Contract and sell the goods to a third party. Upon withdrawal from the contract, the Seller shall be entitled to unilaterally offset the contractual penalty pursuant to clause 4.9 of these conditions against the deposit paid by the Buyer for the ordered goods. If the advance payment exceeds the amount of the contractual penalty, the Seller is obliged to return the difference to the Buyer by wire transfer within 14 days of receipt of the notice of set-off to the Buyer.
  4. If the Seller delivers the goods to the Buyer at the place designated in the Purchase Contract by the Buyer, the Buyer is obliged to take delivery of the goods in person or to arrange for the goods to be taken over by a person authorised by the Buyer in his/her absence to take delivery of the goods specified in the Purchase Contract and to sign the delivery and handover report. The third party authorised to take delivery of the goods referred to in the contract of sale shall be obliged to submit to the Seller the original or a copy of the contract of sale and the proof of payment for the goods and a written authorisation. If the delivery of the goods has to be repeated due to the absence of the Buyer at the place specified in the Purchase Contract, the Buyer shall bear all costs incurred in this respect, in particular the repeated delivery of the goods to the place specified in the Purchase Contract, the contractual penalty pursuant to clause 4.9 of these Conditions, or any further damage incurred by the Seller in excess of the agreed contractual penalty. The goods shall be deemed to have been delivered at the moment of delivery of the goods to the address specified in the binding acceptance of the order and accepted at the moment of physical receipt of the goods by the Buyer or his authorised representative or refusal to accept the goods, which shall be indicated by the carrier in the delivery and handover report.
  5. The buyer is obliged to inspect the consignment, i.e. the goods as well as their packaging, immediately upon delivery. If the Buyer discovers that the goods or the packaging of the goods are mechanically damaged, he is obliged to notify the carrier and check the condition of the goods in his presence. If the Buyer discovers damage to the goods upon receipt, the Buyer shall immediately upon receipt of the goods make a record of the extent and nature of the damage to the goods (damage record), the accuracy of which shall be confirmed by the carrier. On the basis of the record thus made and delivered to the Seller within a period of no later than 2 working days, the Seller may, after concluding the damage event with the carrier, provide remedy for the defect in the goods, a discount on the goods and, in the event of irreparable defects in the goods, deliver new goods to the Buyer.

7. Privacy Policy

  1. The handling and protection of the buyer’s personal data is governed by Act No. 122/2013 Coll. on the protection of personal data, as amended (hereinafter referred to as the “Personal Data Protection Act”).
  2. By sending an order to the Seller, the Buyer declares that he gives his consent in accordance with Section 11(1) of the Personal Data Protection Act for the Seller to process and store his personal data necessary for the Seller’s activities and to process them in all of its information systems. The Buyer also solemnly declares that he gives his consent to the Seller to process his personal data, in particular for the purposes of exercising his rights and obligations under the Purchase Agreement, for the purposes of maintaining a user account and for the purposes of sending information and commercial notifications.
  3. The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when ordering goods and services on the web interface of the shop) correctly and truthfully, and that he/she is obliged to inform the Seller without undue delay of any changes to his/her personal data.
  4. The Buyer has the right to request information about the processing of personal data in writing from the Seller and the Seller is obliged to provide this information to the Buyer.
  5. The Buyer agrees to receive information related to the Seller’s goods, services or company and to receive business information at the Buyer’s e-mail address.

8. Warranty, Claims

  1. The Seller is liable for defects in the goods and the Buyer is obliged to immediately file a claim with the Seller in accordance with the applicable Complaints Procedure.
  2. Complaint handling is subject to the applicable Complaint Procedure published on the Seller’s website. By sending an order to the Seller, the Buyer confirms that he has read the Complaints Procedure and agrees with it in its entirety and also confirms that he has been duly informed about the conditions and method of claiming goods.
  3. The Complaints Procedure applies to goods purchased by the Buyer from the Seller in the form of e-commerce on the Seller’s e-commerce website.

9. Alternative Dispute Resolution

  1. Dear Consumer. If you believe that we have violated your rights or you are not satisfied with the way we have handled your complaint, please send your request for redress to our email address: info@cch.sk
  2. If we reply to this request in the negative, or if we do not reply to it within 30 days of sending it to the above email address, or if you are not satisfied with our solution, then on the basis of the amended Act No. 102/2014 and Act No. 391/2015 on Alternative Dispute Resolution of Consumer Disputes, you have the right to an alternative (out-of-court) method of dispute resolution.
  3. You can submit the application in the manner specified in § 12 of Act 391/2015 Coll. You can use the form for filing the petition, a model of which is also available on the website of the relevant ministry and of each alternative dispute resolution entity.
  4. The list of alternative dispute resolution entities as of 10.4.2016 is here: http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s. The consumer has the right to choose to which of the listed ADR entities to turn to.
  5. The address for electronic submissions to the Slovak Trade Inspection is ars@soi.sk.
  6. The ADR entity may reject the consumer’s proposal, e.g.:
  7. if the quantifiable value of the dispute does not exceed EUR 20;
  8. where it is clear that, having regard to all the circumstances, alternative dispute resolution would only be possible with disproportionate effort, and so on.
  9. Consumers can also lodge a complaint via the RSO’s Alternative Dispute Resolution platform, which is available online at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SK. A complaint can be lodged here by a consumer living in the EU against a trader established in the EU.
  10. The costs of alternative dispute resolution shall be borne by each of the parties to the dispute separately without any possibility of reimbursement.

10. Final Provisions

  1. The Seller reserves the right to change these terms and conditions. The obligation to notify in writing of a change in these terms and conditions is fulfilled by placing it on the web interface of the Seller’s shop.
  2. In case of doubt, the Parties agree that the period of use of the goods shall be deemed to be the period from the delivery of the goods to the Buyer (including the date of delivery) to the date of return of the goods to the Seller, or the handing over of the goods to the courier for the purpose of transporting them to the Seller.
  3. Relationships not regulated by these terms and conditions are subject to the relevant provisions of the Civil Code, Act No. 22/2004 Coll. on electronic commerce and on amendment and supplementation of Act No. 128/2002 Coll. No. 284/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments and Additions to Certain Acts, as amended by Act No. 284/2002 Coll. on Consumer Protection Matters and on Amendments and Additions to Certain Acts. as amended, Act No. 250/2007 Coll. No. 372/1990 Coll. on offences, as amended, and Act No. 102/2014 Coll. on consumer protection and on amendments to Act No. 372/1990 Coll. on offences, as amended, and Act No. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller’s business premises and on amendment and supplementation of certain acts.
  4. The relevant provisions of the Commercial Code shall apply to the relations not regulated by these Terms and Conditions which have arisen between the Seller and the Buyer, who is an entrepreneur.
  5. These general terms and conditions are valid from 13.06.2014 and come into force against the buyer by sending an electronic order by the buyer.
  6. By sending the order, the Buyer confirms that he/she has read these General Terms and Conditions and agrees to them in their entirety.