I. General provisions
1.1. These general terms and conditions govern rights and obligations of the seller - the company BETULÍN PHARMA LTD. and the buyer at deliveries of goods BETULÍN PHARMA LTD. ordered through electronic order form at www.brezovysvet.eu
1.2 All relations between BETULÍN PHARMA LTD. and buyers who are not governed by these General Terms and Conditions, shall be governed by the relevant provisions of the Commercial Code.
1.3 Business relationship between BETULÍN PHARMA LTD. and customers is carried out on a voluntary basis and with a free choice of contracting parties, the execution of the transaction, the customer agrees to the following general terms and conditions.
Definition of terms
2.1. Product means goods that are intended for a specific target group and is offered through electronic ordering form, marked with at least a name.
2.2. Customer is a person (also non-entrepreneur) / organization / company, which, in accordance with these GTC, orders Products from the Supplier.
2.3. Order is a unilateral legal act of the Customer by which the Customer orders from the Supplier Products and which is issued in accordance with Commercial Code.
2.4. Delivery point is the address designated by the Customer as the point at handing over and taking over the Products, which is on the territory of the Slovak Republic.
2.5. Delivery note is a document on the basis of which it is duly confirmed delivery and acceptance of ordered Products between the Supplier and the Customer.
2.6. The order form contains the prices of products (Price list) and is the currently valid overview of the prices of the Products, which stipulates binding agreements prices between the Supplier and the Customer for the performance of the Supplier.2.7. Complaint means a written legal act of the Customer directed to the exercise of rights arising from liability for defects or from the quality guarantee Products, made in accordance with the complaint conditions specified in the Complaints Procedure of BETULÍN PHARMA LTD. for thismethod of ordering (electronic order forms).
III. How to order goods
3.1. The basic way of ordering goods provided by BETULIN PHARMA LTD. the buyer's order is sent to the contact addresses of BETULÍN PHARMA LTD. mentioned in advertising materials or on the Internet website www.brezovysvet.eu in the form of filling in the electronic order form, by post, by phone or by e-mail.
3.2. The details of the buyer's order are usually: identification data on the buyer, agreed nomenclature of goods items, ordered quantities, place of delivery of goods, mode of transport, instructions for application the consumer's right to withdraw from the contract, the buyer's representative responsible for taking delivery.
IV. Prices for goods, price lists and their validity
4.1. Price for Products provided by the Supplier on the basis of the Order The customer is determined in the amount according to the Price List agreed between the parties (Electronic order form always contains current prices).
4.2. By placing an Order, the Customer undertakes to pay the price for ordered Products in the amount according to the Price List valid at the time of issue of this Order.
4.3. The customer by his signature on these GTC or on any other in the document forming the Order / Contract it confirms that it agrees with the prices for Products according to the draft of the valid Price List submitted by the Supplier, if there is no other agreed price in writing between them.
4.4. The Supplier undertakes to inform the Customer about changes in the Price List in advance. The new Price List replaces the previous one on the day of its validity and at the moment of its delivery to the Customer, it becomes part of the Contract.
4.5. The price will be paid for the delivered Products on the basis of the Supplier's invoice issued on the day of delivery of the Products to the Customer and delivered to the Delivery places together with the delivery of the Products, unless expressly stated in the Contract the specified billing address is different. The invoice issued by the Supplier is payment and a tax document that contains all the details set out for such document by the relevant legislation.
4.6. In the event of the Customer's delay in paying the receivable due the Supplier billed to the Customer in accordance with the Contract the Customer is obliged to pay the Supplier contractual interest on arrears in the amount of 0.1% of amount due for each day of delay.
V. Terms of delivery
5.1. Delivery conditions (quantities of goods taken, packaging of goods, prices goods, delivery dates, discounts on goods prices, methods of transport to places of delivery, method of taking over deliveries) are agreed with the customer according to the requirements of the buyer and operating options BETULÍN PHARMA LTD.
5.2. BETULÍN PHARMA LTD. undertakes to deliver the goods in agreement with the buyer.
5.3. Accompanying delivery documents are part of the delivery of goods.
5.4. Dispatch of goods is usually within 10 working days and depends on the fact whether the Supplier has the ordered goods in stock or they are goods for order.
Type of transport
(1) Parcel to address sent via Slovak Post - cash on delivery – 5,00 €
All Orders with a total value of over € 50.00 are within Slovak Republic postage and packing free.
5.5. BETULÍN PHARMA LTD. reserves the right to adjust transport prices, postage and packing, especially if on the courier side the company will adjust its prices. About changes in the Price List with the Supplier undertakes to inform the Customer in advance.
VI. Terms of payment
6.1. The buyer is obliged to pay the price for the delivered goods or services the method of payment you have chosen in the order, either cashless on account of BETULÍN PHARMA LTD. stated in the tax document or in cash upon receipt of the goods.
6.2. Price for goods supplied by BETULÍN PHARMA LTD. based on the buyer's order is due by the date on the tax document, which BETULÍN PHARMA LTD. stated to the buyer.
6.3. BETULÍN PHARMA s.r.o. reserves the ownership right to the sold goods until full payment of the purchase price stated on the tax document. The day of the transfer of ownership of the goods or services to the buyer is considered the day when the invoiced purchase price is credited to the BETULÍN PHARMA LTD., which is stated on the tax document, or the purchase price for sold goods paid in cash.
VII. Withdrawal from the purchase contract
7.1. The supplier is entitled to withdraw from the purchase contract due to the sale of stocks, the unavailability of goods or, if the manufacturer, importer or the supplier of the goods agreed in the purchase contract has ceased production or made such significant changes that made it impossible to carry out compliance obligations of the supplier arising from the purchase contract or for reasons force majeure, or if even with all possible efforts from it is unable to deliver the goods to the customer within the period specified in these terms and conditions or at a price which is listed in the electronic order form.
7.2. The customer has the right to withdraw from the purchase contract for conditions regulated by Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded distance or off-premises contract seller and on the amendment of certain laws by 14 calendar days from the date of receipt of the goods. The customer has the right during this period unpack the goods and test them in a similar way as usual when shopping in a classic "stone" store. Try in any case does not mean starting to use the goods (the primary packaging must not be damaged goods - open box) and then return it to the supplier.
7.3. By sending the order to the supplier, the customer confirms that the supplier timely and duly fulfilled its information obligations pursuant to Art. § 3 of the Act no. 102/2014 Coll.
7.4. Withdrawal from the contract must be made by the customer in writing in the sense applicable legislation.
7.5. Withdrawal from the purchase contract according to the previous point of these of the General Terms and Conditions must contain an identification buyer, order number and date of sale, exact specification goods, the manner in which the supplier is to return the performance already received, in particular the number account and / or postal address and reason for withdrawal from the contract. At the same time with by withdrawing from the purchase contract, he is obliged to deliver to the supplier undamaged goods together with accessories, including package leaflet, document on payment, etc. and in the original packaging in the form of an insured consignment to address BETULÍN PHARMA LTD., Hurbanova 651/64, 920 01 Hlohovec Slovak Republic.
7.6. In the event that the customer withdraws from the contract and delivers to the supplier undamaged goods within the meaning of point 7.2. these general business conditions, the supplier shall return to the customer the purchase price already paid for the goods, specified in the binding acceptance of the order or part thereof within 14 days from the delivery of the withdrawal from the purchase contract and the delivery of the goods, to the Supplier by non-cash transfer to the Customer's account designated by the Buyer.
7.7. In the event that the customer fails to fulfill any of the obligations set out in point 7.4. and 7.5. these General Terms and Conditions, withdrawal from purchase contract is not valid and effective and the supplier is not obliged to return the customer the purchase price and at the same time is entitled to reimbursement of costs associated with sending the goods back to the customer.
VIII. Defect liability rights and quality guarantees
8.1. The Customer's claims and obligations of the Supplier in connection with defects of products and quality guarantee are limited to those that are express referred to in this Article.
8.2. The Supplier is responsible for the quantity and quality of the Products provided, therefore, that the Products are identical in quantity and quality to the Order.
8.3. Customer exercises the rights from the liability for defects and from the quality guarantee to the Supplier, and customer must make in time, e. g. without postponement after finding the defect, if from these GTC or another document forming the Contract does not imply anything else.
8.4. Defects obvious on receipt means:
- a defect in the quantity of Products, which is a discrepancy between the quantity of pieces or the quantity of packages indicated on the Delivery Document and the quantity actually taken over, including exchanges of items, or
- a defect in the quality of the Products that the Customer has discovered or incurred appropriate care under paragraph 7.8 of this article could find out immediately upon downloading the Products.
Conflict between the quantity of Products delivered and ordered shall not be considered as a defect unless there is a discrepancy in quantity within the meaning of paragraph 4) of this Article. In this case, the performance of the Supplier is considered to be partial.
8.6 Hidden defects are defects other than obvious defects, i.e. defects in the time of taking over the Products, they undoubtedly existed, but the Customer did not find out at the time of taking over even by making every effort.
8.7 The Customer is obliged to carry out an inspection when taking over the Products leading to the detection of its obvious defects. If it is for the Customer delivered such a large number of Products that it is disproportionately difficult to perform control of the entire performance, he is obliged to perform a statistical control delivered Products. Statistical control means a review of 10% of received Products (statistical sample). By performing a statistical inspection, the entire quantity of delivered Products is inspected. If the statistical sample contains more than 50% of Products with obvious defects, the Customer is entitled to treat the delivery as if it were defective in its entirety scope. Otherwise, a later complaint exceeding 50% does not accept the quantity of delivered Products. Complaints are also not accepted Products in quantities over 10% of the delivered volume of Products, if the Customer did not state any defects in the Products when taking over and performing the statistical takeover in an amount exceeding this value.
8.8 The Customer is obliged to exercise the rights arising from liability for defects deliver the complaint to the Supplier no later than 7 (seven) days from delivery and acceptance of the Products, either in writing (by post, courier, electronically) or by telephone to the relevant contact points of Supplier. The complaint must meet all the requirements of the Complaint order of this order by electronic means order form at www.brezovysvet.eu
8.9 Complaints that the Supplier deems justified will be handled by the next one possible term within 30 working days of proper application complaints. The provision is also acknowledged by the Supplier by new performance. The Supplier will not accept a complaint that was not a Customer applied on time.
8.10 Pursuant to para. § 11 of Act no. 391/2015 Coll. on an alternative solution consumer disputes, the consumer has the right to turn to the seller with a request for redress if he is not satisfied with the way in which the seller has settled his complaint or if he considers that the seller violated his rights. In the event that the seller makes such a request refuses or does not reply to the consumer within 30 days of the consumer dispatch, then the consumer has the right to apply for initiation alternative dispute resolution of the entity, which is within the meaning of Art. § 3 par. 2 letter c) of Act no. 391/2015 Coll. Slovak Trade Inspection or subject in terms of § 3 par. 1 cit. of the law entered in the list kept Ministry of Economy of the Slovak Republic. At the same time, the buyer has the right to use online Consumer Dispute Resolution Platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SK.
IX. Final provisions
9.1. These general terms and conditions apply only to relationships related to the purchase of goods from www.brezovysvet.eu. Published sales, stock and other prices of all goods and services apply exclusively to customers who purchase through electronic ordering form at www.brezovysvet.eu. Like this published prices are not intended for customers or other persons with whom BETULÍN PHARMA LTD. is in a separate contractual relationship and with whom there is an agreement on prices, conditions, resp. other essentials contractual relationship. These general terms and conditions will never apply in case of existence of a written contract between BETULÍN PHARMA LTD. and Customers.
9.2. By written agreement between BETULÍN PHARMA LTD. and the buyer can be the application of these general terms and conditions or parts thereof is excluded.
9.3. These general terms and conditions enter into force on 15 October. 2019. BETULÍN PHARMA LTD. reserves the right to do so in general conditions at any time.
X. Supervisory authorityCentral Inspectorate of the Slovak Trade Inspection
827 99 Bratislava 215, Slovak Republic
Tel .: +421 2 58 272 130 - 3