General Terms and Conditions
I. General provisions and definitions
Terms and conditions apply to business relations between the buyer and the operator concluded through the online store buffalowingsmartin.sk
Operator: MO Wings, s. r. o., 1. československej brigády 3256/37, 038 61 Vrútky, Establishment: Buffalo Wings & Pub Martin, Na Bystričku 37, 036 01 Martin
Buyer: a natural or legal person who has sent an electronic order processed by the online store buffalowingsmartin.sk
Electronic order: submitted electronic form containing information about the buyer, the goods ordered from the online store buffalowingsmartin.sk and the total price of the order.
Terms and conditions: they regulate the rights and obligations of the operator and the buyer, they form an integral part of the purchase contract.
II. Obligations of the operator
- The Operator undertakes to deliver to the Buyer the goods specified by the Buyer in the electronic order under the payment and delivery terms in force on the date of sending the electronic order.
- Together with the goods, the operator shall deliver to the buyer all relevant documents: a tax document.
- The operator shall secure the goods against damage in transit. This includes packaging.
- The Operator undertakes to inform the Buyer without delay of extraordinary events that may jeopardize the processing of his order.
III. Obligations of the buyer
The Buyer undertakes to provide truthful information when completing the electronic order. He further undertakes to accept the ordered goods properly and to check the integrity and completeness of the delivery. In the event of any defects, it must report these to the carrier and the operator.
The Buyer undertakes to pay the purchase price for the goods in full in accordance with the payment terms in force on the date of sending the electronic order.
IV. Conclusion of the contract and withdrawal from the contract
All received electronic orders, which have been filled in truthfully and completely, are considered as a draft sales contract and are considered binding for both parties.
Acceptance of the electronic order by the operator is confirmed by e-mail to the address given by the buyer in the order.
By placing an order, the Buyer agrees to these Terms and Conditions as in force on the date of placing the order.
The operator accepts the contract proposal from the buyer by delivering the goods to the buyer.
The conclusion of the contract of sale takes place upon receipt of the goods by the buyer.
The operator is entitled to withdraw from the contract if there is reason to suspect that there is an attempt by the buyer to mislead the seller by providing false, misleading or incorrect data.
V. Delivery and payment terms
1. The place of performance of the contract shall be understood as the correspondence address of the recipient specified by the purchaser in the electronic order.
2. Title to the goods shall pass to the buyer subject to payment of the purchase price in full.
3. The prices of goods in the online store buffalowingsmartin.sk are quoted in euros including value added tax.
4. The Operator reserves the right to change prices in the event of printing errors, changes in exchange rates, significant increases in inflation or significant changes in the terms and conditions of supply from manufacturers and other suppliers of goods. The operator is obliged to inform the buyer of these circumstances without delay. In these cases, the buyer is entitled to withdraw from the contract.
5. The purchase price is payable at the latest upon receipt of the goods or personal collection.
6. The buyer can pay for the goods in the following ways:
- by credit card: the buyer shall pay the price for the ordered goods in cash upon personal receipt of the goods from the operator.
- in cash: the buyer shall pay the price for the ordered goods in cash upon personal receipt of the goods from the operator.
8. The Operator shall determine the postage and packing costs to be included in the order
shall be added to the value of the goods and shall be payable by the Buyer together with the price of the goods as stated on the order. The operator informs about the amount of postage and packing on buffalowingsmartin.sk
9. Instruction on the seller’s liability for defects in goods according to the general regulation §622:
- If it is a defect that can be rectified, the buyer has the right to have it rectified free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay.
- The buyer may, instead of removing the defect, demand the replacement of the item or, if the defect relates only to a part of the item, the replacement of the part of the item, the replacement of the part of the item, if this does not incur disproportionate costs for the seller in relation to the price of the goods or the severity of the defect.
- The seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious inconvenience to the buyer.
If there is a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defect, the buyer has the right to exchange the thing or has the right to withdraw from the contract. The same rights belong to the buyer if there are repairable defects, but if the buyer cannot properly use the item due to the reoccurrence of the defect after repair or due to a greater number of defects.
If there are irremediable defects, the buyer is entitled to a reasonable discount on the price of the item.
VI. Warranty and claims
The operator does not provide a guarantee for the delivered goods, as they are ready-made food and beverages.
1. When placing an electronic order, the buyer agrees to the use of his/her personal data by the operator for the purpose of sending the ordered goods to his/her address.
2. Customer data is not disclosed to third parties within the meaning of Act 58/1998.
We fully respect the privacy of our customers, however, in order to process the order we need some personal data, which will be used exclusively for the dispatch of the ordered goods and for communication with the customer. If you do not want your personal data to be stored in our database, you can order the goods by phone, or indicate in the “Order note” a request for their deletion immediately after the order has been processed.
The operator of the online store buffalowingsmartin.sk hereby declares that it handles the personal data of its customers, obtained by registration when creating a customer account, in accordance with Act No. 122/201 and Act no. 84/2014 Coll. on the protection of personal data.
The aforementioned law also implies an obligation not to provide the personal data obtained to a third party. An exception is, when choosing the method of delivery of goods by a transport service, the provision of the necessary data to an external carrier for the purpose of delivery of the consignment.
At the same time, the operator of the buffalowingsmartin.sk online shop undertakes to immediately delete the customer’s personal data from the database of the online shop at the customer’s request.
The operator of the online store reserves the right to withdraw from the guarantee of safe handling of customers’ personal data in the event of an attack on the server by an unknown perpetrator – a hacker. In this case, the above data manipulation rules do not apply.
VIII. Transitional and final provisions
These Terms and Conditions shall apply as set out on the Operator’s website on the date the electronic order is placed, unless otherwise agreed between both parties.
By submitting an electronic order, the Buyer accepts without reservation all provisions of the Terms and Conditions and the Complaints Procedure as in force on the date of sending this order.
Relations between both parties that are not regulated by these Terms and Conditions shall be governed by the relevant provisions of the Commercial Code and other related legislation.
IX. Alternative dispute resolution
The buyer – consumer – has the right to contact the seller with a request for redress (by e-mail to email@example.com) if he 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. If the Seller responds to this request in a negative manner or fails to respond within 30 days of its dispatch, the consumer has the right to submit a proposal for the initiation of alternative dispute resolution to the alternative dispute resolution entity (hereinafter referred to as ADR entity) under Act 391/2015 Coll. ADR entities are authorities and authorised legal persons pursuant to §3 of Act 391/2015 Coll. The consumer may submit a proposal in the manner determined pursuant to §12 of Act 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk. Translated with www.DeepL.com/Translator (free version)
Consumers can also lodge a complaint via the RSO’s alternative dispute resolution platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
Alternative dispute resolution can only be used by a consumer – a natural person who is not acting within the scope of his/her business, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution applies only to a dispute between a consumer and a seller arising out of or relating to a consumer contract. Alternative dispute resolution applies only to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of alternative dispute resolution up to a maximum of EUR 5 incl. VAT.
SUPERVISION AUTHORITY: Inspectorate of the Slovak Trade Inspection based in Žilina for Žilina Region, Predmestská 71, P.O.Box 89, 011 79 Žilina
In Martin 1. 12. 2020