Termos e Condições Thestreets.pt

TERMS AND CONDITIONS

Terms and Conditions of RXD, s.r.o.

Headquartered: Miletičova 5B 821 08 Bratislava Slovakia
identification number: 36692000
registered in the Commercial Register kept at the District Court in Bratislava Slovakia, Section Sro, Insert No. 42911/B for the sale of goods
through an on-line shop located at the Internet address 
www.thestreets.eu

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as „terms and conditions") of RXD, s.r.o., with registered office at Miletičova 5B, 821 08 Bratislava Slovakia, identification number: 36692000, registered in the Commercial Register kept by the District Court in Bratislava, Section Sro, Insert 42911/B (hereinafter referred to as „Seller") regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as „purchase contract") concluded between the Seller and another natural person (hereinafter referred to as „Buyer") through the Seller's online store. The online shop is operated by the Seller on a website located at the website address www.thestreets.pt (hereinafter referred to as „website"), through a website interface (hereinafter referred to as „web shop interface").

1.2. If the purchase contract with the seller is concluded by a buyer who is not a consumer, i.e. in accordance with § 52 paragraph 4 of Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as „Civil Code“) a natural person who, when concluding and performing a consumer contract, does not act within the scope of his trade or other business activity (hereinafter referred to as "consumer"), the provisions of these terms and conditions, which designate the buyer as a consumer directly in the text of these terms and conditions, or in the annexes that are part of the terms and conditions, shall not apply to the purchase contract.

1.3 Provisions different from the terms and conditions may be negotiated in the contract of sale. Any different provisions in the contract of sale shall take precedence over the provisions of the terms and conditions.

1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Slovak language.

1.5 The Seller may change or supplement the wording of the terms and conditions. This provision shall be without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

 

 

 

2. USER ACCOUNT

2.1. Upon registration of the buyer made on the Website, the buyer can access his/her user interface. From his/her user interface, the buyer may place orders for goods (hereinafter referred to as „user account"). If the web interface of the shop allows it, the buyer can also order goods without registration directly from the web interface of the shop.

2.2. You can log in using third-party services, in particular:

         2.2.1. using Apple services,

        2.2.2. using Google,

        2.2.3. using Facebook.

 

2.3 When registering on the website and when ordering goods, the buyer is obliged to provide all the information correctly and truthfully. The buyer is obliged to update the information provided in the user account upon any change. The data provided by the buyer in the user account and when ordering goods shall be deemed correct by the seller.

2.4 Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality with regard to the information required to access his user account.

 

The buyer is obliged to maintain confidentiality with regard to the information required to access his user account.

2.5 The buyer is not entitled to allow third parties to use the user account.

2.6 The seller may terminate the User Account, in particular if the buyer has not used the User Account for more than 3 years or if the buyer breaches its obligations under the Purchase Agreement (including the Terms and Conditions).

2.6.

2.7 The buyer acknowledges that the User Account may not be available continuously, in particular with respect to necessary maintenance of the Seller's or third parties' hardware and software equipment.

3. CONCLUSION OF PURCHASE CONTRACT

3.1 An offer of goods via the web interface of the shop is not a legally binding proposal for the conclusion of a contract within the meaning of § 43a of the Civil Code. It is only an invitation to buyers to send a binding proposal for the conclusion of a purchase contract. The buyer acknowledges that the offered goods may be (temporarily) sold out and cannot be delivered. The buyer will be informed of this after the order has been placed.

3.2 The web interface of the shop contains information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by post due to their nature. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods shall remain valid for the period during which they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Slovak Republic.

3.4 To order goods, the buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about:

3.4.1. the goods ordered (the goods ordered shall be „inserted" by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price for the goods, information about the required method of delivery of the goods ordered, and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as „order").

 

3.5 Before sending the order to the seller, the buyer shall be allowed to check and change the data entered by the buyer in the order, including the buyer's ability to detect and correct errors made in entering the data in the order. The buyer shall send the order to the seller by clicking on the button „Complete order". The data provided in the order are considered correct by the seller. Immediately upon receipt of the order, the seller shall confirm such receipt to the buyer by e-mail to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as „Buyer's e-mail address"). When a request is made to change the sole or to stamp one's initials, this change may not always appear in the seller's acknowledgement of receipt of the order due to technical reasons of the website.

3.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for an additional order confirmation (e.g. in writing or by phone).

3.7. The contractual relationship between the seller and the buyer shall be established by delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.

3.8 The buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be paid by the buyer and the buyer acknowledges that the amount of such costs may depend on the conditions of the internet or telephone connection used by the buyer.

8.8.2.

3.9 In the case of the purchase of goods on which changes have been made based on the buyer's requirements (change of material, stamping of initials, configurator...), the consumer may not withdraw from the contract for the delivery of the goods in accordance with the provisions of § 1837 (d) of the Civil Code and no refund is possible in this case.

3.10.    In the event of an obvious technical error on the part of the seller in the indication of the price of the goods in the online shop or during the ordering process, the seller shall not be obliged to deliver the goods to the buyer at this obviously incorrect price. The seller shall inform the buyer of the error without undue delay and shall send the buyer an amended offer to the buyer's e-mail address. The amended offer shall be deemed to be a new proposal for a contract of sale, in which case the contract of sale shall be concluded by confirmation of receipt by the buyer to the seller's email address.

The seller shall notify the buyer of the amended offer to the buyer's email address.

 

 

4. PRODUCT PRICE AND TERMS OF PAYMENT

4.1 The price of the goods and any costs associated with the delivery of the goods under the Contract of Sale may be paid by the buyer to the seller in the following ways:

4.1.2. by bank transfer to the seller's account ("Seller's account") by using payment provider Mollie. Payments are secured through 3DS security. 

4.1.3. by bank transfer to the seller's account via a payment gateways Apple Pay, Google Pay.  Payments are secured through 3DS security.

4.1.4. by bank transfer to the seller's account via the PayPal payment gateway

 

4.2 Along with the purchase price, the buyer shall also pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods shall also be understood.

 

4.3 The seller shall not require a deposit or other similar payment from the buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

 

4.6 In the case of payment in cash or in the case of payment on delivery, the purchase price shall be payable on receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.

4.7 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable symbol of the payment. In the case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

4.8. If the price is not paid by the buyer at the time it is due, the buyer, who is a consumer, shall be deemed to have withdrawn from the Purchase Contract, unless the buyer expresses a contrary will.

4.9 The seller shall be entitled, in particular in the event that there is no additional confirmation of the order by the buyer (Article 3.6), to demand payment of the full purchase price before the goods are dispatched to the buyer.

4.10. Any discounts on the price of the goods granted by the seller to the buyer may not be combined.

4.11. If it is customary in the business or if provided for by generally binding legislation, the seller shall issue the buyer with a tax receipt – invoice relating to payments made under the Purchase Contract. The seller is subject to value added tax. The tax document – invoice shall be sent by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's e-mail address.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1 The buyer, who is a consumer, acknowledges that under the provisions of § 7 paragraph 6 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller's premises and on amendment and supplementation of certain acts, as amended (hereinafter referred to as „Act on distance contracts“), he may not, inetr alia, withdraw from a contract within fourteen (14) days of receipt of the goods, whose subject matter is the sale of (i) goods made to the consumer's special requirements, custom-made goods or goods intended specifically for a single consumer, (ii) goods subject to rapid deterioration in quality; or perishable, (iii) goods which, by their nature, may be inextricably mixed with other goods after delivery, (iv) goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been breached after delivery, or (v) the sale of sound recordings, visual recordings, phonograms or computer software sold in protective packaging if the consumer has unwrapped that packaging.

5.2 Unless it is a case referred to in Article 5.1 of the Terms and Conditions or any other case where the purchase contract cannot be withdrawn from under the Distance Contracts Act, the buyer who is a consumer shall have the right to withdraw from the purchase contract in accordance with § 7(1)(a)(1)(b) of the Act on Distance Contracts, in accordance with § 7(1)(b) of the Act on Distance Contracts. (a) of the Distance Contracts Act, the buyer shall have the right to withdraw from the purchase contract without giving any reason within fourteen (14) days from the date of (i) receipt of the goods by the buyer or a third party appointed by the buyer, other than the carrier, or (ii) receipt of the goods, which have been delivered last, if the goods ordered by the buyer in a single order are delivered separately; or (iii) receipt of the last part or the last piece, if the goods are delivered consisting of several parts or pieces. Withdrawal from the purchase contract must be sent to the seller within the period specified in the preceding sentence. To withdraw from the purchase contract, the consumer may use the model form provided by the seller, which is attached to the terms and conditions. The seller shall acknowledge receipt of the withdrawal to the consumer without undue delay after receipt. The buyer may send the withdrawal from the purchase contract to the seller's e-mail address [email protected].

5.3 In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract shall be cancelled from the outset. The goods must be returned to the seller within fourteen (14) days of the withdrawal from the contract with the seller. If the buyer withdraws from the purchase contract, the buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by post due to their nature.

5.4 In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the seller shall return the money received from the buyer without undue delay, no later than fourteen (14) days after the withdrawal from the contract. The seller shall also be entitled to return the performance provided by the buyer upon return of the goods by the buyer or otherwise, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller shall not be obliged to return the money to the buyer before the buyer returns the goods to the seller or proves that he has sent the goods to the seller.

5.5 The seller is entitled to unilaterally set off a claim against the buyer's claim for a refund of the purchase price.

5.6.In cases where the buyer has the right to withdraw from the contract of sale in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer has taken delivery of the goods. In this case, the seller shall refund the purchase price to the buyer without undue delay, in cash, to the account designated by the buyer.

5.7 If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer shall be concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract in respect of such gift shall cease to have effect and the buyer shall be obliged to return the gift to the seller together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1.   If the method of transport is agreed at the buyer's specific request, the buyer shall bear the risk and any additional costs associated with that method of transport.

6.2.   If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obligated to take delivery of the goods.

6.3.   If, for reasons on the side of the buyer, it is necessary to re-deliver the goods or to deliver them in a different manner from that specified in the order, the buyer shall pay the costs of the re-delivery or the costs of the different method of delivery.

6.4.   On receipt of the goods from the carrier, the buyer shall check the integrity of the packaging of the goods and in the event of any              defects, notify the carrier immediately. In the event of any damage to the packaging indicating tampering, the buyer may not accept the shipment from the carrier.

6.5. Other rights and obligations of the parties in the carriage of the goods may be governed by the seller's special delivery      terms and conditions, if issued by the seller.

 

7. CLAIMS FROM DEFECTIVE PERFORMANCE

7.1.   The rights and obligations of the contracting parties regarding rights arising from defective performance shall be governed by the relevant generally binding legal provisions (in particular the provisions of articles 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection, as amended).

7.2.   The seller shall be liable to the buyer that the goods are free from defects upon receipt. In particular, the seller shall be liable to the buyer if, at the time the buyer took delivery of the goods:

7.2.1.   the goods have the characteristics agreed by the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer, taking into account the nature of the goods and the advertising they carry out,

7.2.2.   the goods are fit for the purpose specified by the seller for their use or for which goods of that kind are ordinarily used,

7.2.3.   the goods conform to the quality or workmanship of the agreed sample or design if the quality or design was determined to be in accordance with the agreed sample or model,

7.2.4.   the goods are in reasonable quantity, measure or weight;

7.2.5.   the goods meet the requirements of the legislation;

7.3.   The provisions set out in article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price with a defect for which a lower price has been agreed, to wear and tear caused by normal use, to used goods for a defect corresponding to the degree of use or wear and tear which the goods had at the time of receipt by the purchaser, or where this is apparent from the nature of the goods.

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7.4.   If the defect occurs within six months of receipt, the goods shall be deemed to be defective at the time of receipt. The buyer is entitled to claim the right to a defect that occurs on consumption of the goods within twenty-four months of receipt.

7.5   The buyer shall exercise the rights of defective performance with the seller at the seller's registered office where the claim can be accepted in terms of the range of goods sold, or at the place of its registered office or place of business.

 

7.6.   Other rights and obligations of the parties relating to the seller's liability for defects may be regulated by the seller's Advertisement.

 

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1 The buyer shall acquire title to the goods on receipt of the goods.

8.2 The seller shall not be bound by any code of conduct in relation to the buyer within the meaning of provisio § 2(s) of the Consumer Protection Act.

8.4 The seller is authorised to sell the goods under a trade licence. Trade control shall be exercised within the scope of its competence by the relevant trade authority. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection of the Slovak Republic with its registered office at Hraničná 4826/12, 820 07 Bratislava. The Slovak Trade Inspection Authority supervises compliance with the Consumer Protection Act within the defined scope.

8.5 The buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 para. The provisions of article 2 of the Civil Code cannot be applied.

9. DELIVERY

9.1 Unless another method of communication is agreed between the parties, any communication under the Purchase Contract shall be made in accordance with this article of the Terms and Conditions. In addition to any other means of communication agreed between the parties, personal delivery, delivery by registered post, courier service or electronic mail shall be deemed to be effective at the seller's address for delivery and the seller's electronic mail address set out in article 14.5 of these Terms and Conditions, , and the buyer's address and/or the buyer's electronic address as set out in the User Account or in the Purchase Order, or at such other addresses as the parties may notify each other in writing.

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9.2 Notices in certificated form properly addressed shall be deemed to have been delivered:

9.2.1. on the date of physical delivery of the notice if the notice is sent by courier or postal service operator (except by registered post) or delivered by hand; or
9.2.2. the date of delivery, as confirmed on the delivery receipt, if the notice is sent by registered post and is actually received; or
9.2.3. the expiry of a period of 5 days after the notice is deposited at the relevant post office if notices sent by a postal service operator fail to be delivered or if receipt of the notice is refused.

9.2.3.

 

9.3 A message addressed by electronic mail shall be deemed to have been delivered at the time the message is sent by electronic mail, unless the addressee of the message proves that the message has not come into his possession.

10. FINAL PROVISIONS

10.1 If the relationship established by the contract of sale contains an international (foreign) element, then the parties agree that the relationship shall be governed by Slovak law. At the same time, the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. This is without prejudice to the rights of a consumer habitually resident outside the territory of the Slovak Republic, which are guaranteed to him by the mandatory rules of law of the country of his habitual residence.

10.2 If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

10.3 The Purchase Contract, including the Terms and Conditions, shall be archived by the seller in electronic form and shall not be accessible. The seller shall make the Purchase Contract available to the consumer buyer upon the consumer's written request.

10.4 The sample form for withdrawal from the purchase contract and the complaints procedure are annexed to the terms and conditions.

10.5 Contact details of the seller: address for delivery RXD, s.r.o., Miletičova 5B, 821 08 Bratislava Slovakia, e-mail address [email protected], telephone +421 910 458 772.

These terms and conditions are valid from 1.3.2021.