General terms and conditions

Štefánia Hostinová – HOSTIN with seat at SNP 129, 91904 Smolenice is registered at Trnava District Office in Trade Register with No.: 207-883, IČO: 33550719, DIČ: 1020343786, IČ DPH: SK1020343786 is issuing these General Commercial Conditions valid from 25.5.2018.

1. Introduction

1.1. These General Commercial Conditions govern the legal relationships between the Štefánia Hostinová – HOSTIN (later „the vendor“) and person buying the goods from the vendor, ordered personally, via phone, e-mail, fax or via e-shop, either by picking up the goods personally or by the delivering the goods by delivery service (later „the buyer“) and that with the assumption that between the vendor and the buyer will be not concluded an individual contract.

1.2. Legal relationships between the vendor and the buyer are regulated by these General Commercial Conditions and by regulations of the particular legal regulations of the Civil Code, Code of Commerce, law 634/1992 Collection of laws about Consumer protection, law 108/2000 Collection of laws about the Consumer protection at door to door selling and law 22/2004 Collection of laws about electronic business.

2. The Way of ordering goods

2.1. The buyer can choose the way of ordering the goods: In person, by phone, by e-mail, by fax, per mail or via e-shop (https://www.hostin-kovo.com). In order to make order processing quick and precise we recommend to use written form of ordering. Sending the order is a proposal for conclusion of purchase contract from the side of the buyer:

2.2. Requirements of the order:

– total and precise name of the buyer with invoicing address and delivery address

– contact details of the buyer – telephone, fax, e-mail

– clear specification of the goods and the amount of requested units

– the way of picking up the goods

– in case of the legal entities also company ID number, VAT number, at the first order also abstract from the business register, eventually business license.

2.3. Cancellation of the order is possible only in case, when the order was not accepted yet by the vendor. Cancellation of the order has to be sent in written form on e-mail address: hostin@hostin-kovo.com and the validity of the cancellation must be approved by sales representative of the vendor.

2.4. By sending the order the buyer accepts the General Commercial Conditions of the vendor and Return Policy rules of the vendor in the form valid at the time of sending an order.

2.5. After receiving the order the vendor will send to buyer´s e-mail address an order acceptation notice, whereby the purchase contract is concluded between these two parties. The vendor retains the right to request further confirmation depending on the character of the order or not to send order acceptation in case of evident misprint related to the price, description or image of the goods. The vendor also retains the right not to confirm the order in case that the goods is not produced or supplied anymore, delivery date is longer than the buyer requests or the price of the goods or services was significantly changed.

3. The Price and payment conditions

3.1. The buyer is obliged to settle the purchase price in the full amount shown in the invoice for ordered goods and within the due date. The price is including the VAT. In purchase price are not included transport costs of the purchased goods, these costs are separate item of the order.

3.2. Purchase price settles the buyer by the way chosen in the order: payment in cash or by card when picking up the goods personally in the vendor´s shop, by cash on delivery by vendor´s forwarding service or by post, by bank transfer based on proforma invoice issued by the vendor, or with on-line payment via TatraPay directly from the e-shop of the vendor.

3.3. Proforma invoice in total or partial and its payment in cash is required at the first picking up of the goods, for special custom orders, or if the buyer at the time of possible picking up the goods has a post due invoices issued by the vendor.

3.4. The Invoice and the Delivery Note are sent together with the goods, where the Invoice is a tax document issued in accordance with applicable Slovak legislation.

3.5. In case the vendor is not able to supply the goods in accordance with set conditions and the payment of the proforma invoice has already been performed, the vendor immediately returns back the whole purchase price to the buyer, in the way agreed by the parties.

3.6. If the buyer will not settle the proforma invoice within the due date, order will be cancelled and at the same time the business relationship between vendor and buyer will be terminated.

3.7. In case that the buyer will not settle the agreed purchase price on time and properly, the vendor has right to request interest on late payment worth 0,05% per day from the owed amount until the day of paying the purchase price in full.

3.8. Retention of title – in all business transactions, where the price of the goods has not been paid, whereas the buyer has received the delivery of the goods, will buyer receive a right of ownership just after full payment of the goods. This is valid also for the goods which the buyer has sold or purloin before paying it. The buyer is obliged to properly store, secure the goods and mark it as property of the vendor. Moreover, he is obliged to support the vendor on his call at applying all measurements that are necessary for protection the rights of ownership of the vendor. Danger of accidental damage and accidental degradation of the subject of the purchase comes to the buyer by transfer the subject of the purchase. The vendor retains the right of the ownership for the supplied goods until the purchase price is fully paid and all agreed conditions are fulfilled. The buyer will acquire the right of the ownership for the supplied goods just after the whole purchase price is paid.

4. Delivery term

4.1. The goods, that is at the time of accepting the order on stock of the vendor, will be send to the buyer within 2 working days. Delivery of the goods that is not on stock confirms the vendor after acquiring the delivery terms from his suppliers.

4.2. Delivery time starts with the entering of purchase contract, if the purchase price for the contract is paid in cash, with the invoice or cash on delivery. If a proforma invoice is issued on the goods, then the time of delivery starts, when the purchase price is fully paid and when the money is credited to the account of vendor.

4.3. In case, that the vendor is not able to supply the goods in the requested term, the vendor offers to the buyer an alternative delivery term or eventually the product comparable with the ordered product. In such case the vendor has to request buyer´s confirmation for a change in the order. If the vendor with the buyer find not an agreement on it and the buyer withdraw from the contract and the proforma invoice for the order was already paid, then the vendor is obliged to return paid amount to the buyer within 15 days from the withdrawal of the contract.

4.4. In case of buyer´s request to pick up the goods personally in the shop of the vendor (mentioned in the order) the vendor is obliged to reserve these goods for the buyer for 5 days from the order acceptance. In case the goods will not be picked up within this period, the purchase contract is cancelled.

5. The way of the goods supply

5.1. The vendor will supply the goods on the place determined by the buyer after full payment of the purchase price, unless agreed differently.

5.2. Delivery options: Personal pick up at SNP 129, 919 04 Smolenice, sending by delivery service UPS (even possible with Cash on Delivery) to the agreed place and other form agreed with the sales department of the vendor.

5.3. Transport costs are invoiced according valid transportation price list of the relevant courier service according to the dimensions and weights of the goods. These costs, unless agreed differently, bears the buyer.

5.4. As a delivery fulfilling is considered the delivering of the goods to agreed place or passing the goods to the forwarder.

5.5. The buyer is obliged to check the shipment at its receiving and in case of mechanical damage of the package, or in case of damage of the original tape of the vendor, should still at the presence of the forwarder check the condition of the goods and write a report of shipment damage. For the damage of the delivery during the transport is responsible the forwarder. Based on the written damage report will be provided to the buyer an adequate discount or a replacement of goods once the damage is cleared with the forwarder. When the shipment is delivered properly the buyer confirms by his signature onto acceptance protocol to the forwarder, that he received the shipment full and undamaged.

5.6. In case, that the goods at the receiving by the buyer is in conflict with the buying contract, the buyer has the right, that the vendor will put the goods in the condition corresponding to the buying contract free of charge and as soon as possible.

5.7. Claims for goods damage which was not evident at the receiving of the goods must the buyer claim within 5 working days from receiving the shipment. Defects should be firstly discussed with technical department of the vendor by phone on +421 902 971 161 or by e-mail on the address hostin@hostin-kovo.com, whereas just after agreement the buyer will bring the defective goods personally or will send at vendor cost to the vendor´s address at SNP 129, 919 04 Smolenice. The buyer is obliged to deliver claimed goods in original packaging and with all documents (invoice, delivery note, warranty card, manual …) that were given to him when purchasing the goods. In case of eligible claim, the goods will be repaired or replaced by a new one and sent back with the shipping costs remaining on vendor´s side. In case of unqualified claim the costs that have arisen to vendor related to such claim will be re-invoiced to the buyer. After 5 working days period, that is valid for the claim of the goods damage during transport, the vendor will not bear the transport costs and will proceed according valid Return policy rules. Later claims of the mechanical damage of the goods will not be accepted.

5.8. Before the first use of the goods the vendor is obliged to carefully read the User manual and to follow its instructions.

6. Warranty and service

6.1. Warranty conditions and Return policy rules for the buyer – the end consumer, that is purchasing products as a „final consumer“ for his own needs are regulated by the Law 40/1964 Collection of laws of Civil Code. In case of legal entities that are purchasing the goods with the purpose of further business activity or anyhow related to that, are the Warranty conditions and return Policy rules regulated by the Law 513/1991 Collection of laws of Commercial Code.

6.2. Warranty provided by the vendor is related only to manufacturing defects that were not caused by inexpert or rough treatment, usage of the goods in conflict with its purpose of usage or by not following the instructions in the manual, by mechanical damage, damaging by natural disasters or by influence of non-standard phenomenon, e.g. overvoltage in distribution network etc. Standard wear-out of the goods related to its usage is not a reason for Warranty claim.

6.3. The buyer can claim the warranty directly at the vendor at the address: SNP 129, 919 04 Smolenice or after the agreement to send claimed goods with insured registered shipment on vendor´s address together with all requested documents, warranty card and accessories of the claimed product.

6.4. With claimed goods must be shown: original or copy of product purchasing document (document has to be issued on the name of the person who is claiming the product), warranty claim protocol, where is described exact description of the deficiency. In case of random occurrence of the problem, this must be clearly mentioned with the conditions under which does this deficiency occur. We recommend delivering claimed goods in the original packaging material and complete with all accessories.

6.5. Description of the claim procedure and the way how the defects are fixed is described in Return Policy rules which are the integral part of these General Commercial Conditions.

7. Warranty conditions related to legal entities

7.1. Warranty period for the goods delivered by vendor is 12 months.

7.2. Warranty period for used goods and for used spare parts is 6 months.

7.3. Warranty conditions:

1. The vendor provides quality warranty i.e. that the goods shall keep its agreed or usual properties and functional capacity.
2. Standard (casual) wearing-out and damage of the goods as a consequence of incorrect usage or excessive stress caused by the buyer are not covered by the warranty.
3. The vendor does not approve the warranty to the buyer in cases, where malfunctions were caused by some of following reasons:

• Deficiency was caused during the installation or re-installation whereas such installation or re-installation design was not carried out professionally in accordance with the vendor’s regulations.
• Delivered goods was despite written instructions given in user’s manual not handled correctly or the goods was extremely strained.
• Delivered goods was modified without prior written permission of the manufacturer.
• Warranty is not further provided in case, that the defects were caused by incorrect installation of goods, not adapting the installation the goods to the constructional singularities of the particular installation or installation was realized in conflict with the instructions of the vendor.

7.4. Warranty period starts with receiving the goods by the buyer.

7.5. After successful repair or delivery of replacement product the warranty period is not extended or renewed.

7.6. In case of the goods purchase directly in the shop of the vendor the buyer is obliged to verify completeness and functionality of purchased goods directly on spot and to claim found defects immediately to the vendor; otherwise the goods are considered without defects and approved by the buyer.

7.7. In case of non-functionality of the goods the buyer is obliged to ask some of authorized service workshops of the vendor to inspect the reason of claimed non-functionality or without any delay to inform the vendor in written form about claimed defect of the goods. In such case the buyer is obliged to attach the document that proves proper installation by the authorized centre or copy of the invoice for the installation.

7.8. The buyer is obliged in case of any defects of the goods contact the vendor directly with his claim and to agree directly with the vendor all terms of the claim.

7.9. In case of deficiency on the supplied goods within the warranty period is the vendor obliged to fix claimed goods at his costs. In case, that it is not possible to fix claimed deficiency, then the vendor is obliged to deliver to buyer a replacement goods for claimed goods or after mutual agreement to provide an adequate discount to the buyer.

7.10. The buyer in order to remove defects of the delivered goods is obliged without any unnecessary delay to deliver or return the defective goods to the vendor.

7.11. The existence of any defects on delivered goods does not relieve the buyer from the obligation to pay the vendor for the goods agreed purchase price, i.e. right of the vendor to get payment of the agreed purchase price remains unchanged.

7.12. The Rights of the buyer for fixing defects on the goods by the vendor shall cease if not applied within the warranty period.

8. Warranty conditions related to individuals (personal entity)

8.1. Warranty period for the supplied goods by vendor is 24 months.

8.2. Warranty period for used goods and for used spare parts is 12 months.

8.3. Warranty conditions:

1. Vendor provides quality warranty i.e. that the goods shall keep their agreed or usual properties and functional capacity.
2. Standard (casual) wearing-out and damage of goods as consequence of incorrect usage or excessive stress are not covered by the warranty.
3. Vendor does not approve the warranty to the buyer in cases, where malfunctions were caused by some of following reasons:

• Deficiency was caused during the installation or re-installation whereas such installation or re-installation design was not carried out professionally in accordance with the vendor’s regulations.
• Delivered goods was despite written instructions given in user’s manual not handled correctly or the goods was extremely strained.
• Delivered goods was modified without prior written permission of the manufacturer.
• Warranty is not further provided in case, that the defects were caused by incorrect installation of goods, not adapting the installation the goods to the constructional singularities of the particular installation or installation was realized in conflict with the instructions of the vendor.

8.4. Warranty period starts with receiving the goods by the buyer.

8.5. If the purchased goods should be put into operation by third party – not the vendor, the warranty period will start from the day of putting the goods into the operation, but only if the buyer has ordered putting into operation at the latest three weeks after receipt of the goods and he has properly and on time provided cooperation for carrying out the service.

8.6. Into warranty period shall not be included the period since applying the right of the liability for the defects of the delivered goods i.e. since the day of the warranty claim to the date, when the buyer is obliged to pick up the repaired goods from the vendor.

8.7. The vendor is obliged to provide the confirmation statement showing the date when the buyer claimed the goods, when the vendor fixed the goods and how long took fixing claimed defect.

8.8. In case of free replacement of claimed goods or its component by the vendor new warranty period starts for replaced goods or its components with starting date when the buyer received this new product or component.

8.9. In case of the goods purchase directly in the shop of the vendor the buyer is obliged to verify the completeness and functionality of purchased goods directly on spot and to claim found defects immediately to the vendor; otherwise the goods are considered without defects and approved by the buyer.

8.10. In case of non-functionality of the goods the buyer is obliged to ask vendor to inspect the reason of claimed non-functionality or without any delay to inform the vendor in written form about claimed defect of the goods. In such case the buyer is obliged to attach the document that proves proper installation by the authorized centre or copy of the invoice for the installation.

8.11. The buyer is obliged in case of any defects of the goods contact the vendor directly with his claim to conclude the conditions of the warranty claim.

8.12. In case of defect, that can be repaired, the vendor commits to the buyer to repair this defect properly and free of charge without any reasonless delay. The buyer can instead of repair of the defective goods request replacement of the goods or replacement of the component, but only in case this will not make excessive expenses to the vendor in consideration of the product price or severity of claimed defect. The vendor can always instead of repairing the defect replace the defective product by the same one, new, without any deficiencies, if it does not cause serious troubles to the buyer.

8.13. In case of correctly claimed defect of the goods under warranty which cannot be repaired and which hinder proper usage of the goods by the buyer, then the buyer has right for free replacement of claimed goods for the same goods without any defects or he has the right to withdraw from the contract. In case of other unfixable defects, the buyer has the right for adequate price discount.

8.14. The buyer is obliged to provide to the vendor claimed goods without reasonless delay for the purpose of its repair or replacement.

8.15. The existence of any defects on delivered goods does not relieve the buyer from the obligation to pay the vendor for the goods agreed purchase price, i.e. right of the vendor to get payment of the agreed purchase price remains unchanged.

8.16. The Rights of the buyer for fixing defects on the goods by the vendor shall cease if not applied within the warranty period.

9. Operation and installation manual of the goods

9.1 The goods installation and its verification can be performed only by the vendor authorized entities.

9.2 Installation of the goods has to be always carried out in accordance with the supplied Installation manual or Operational manual for the goods, and also in accordance with type approval of the goods if it is available for such goods.

9.3 In case the vendor has supplied the goods to the buyer together with the relevant Operation manual, this manual is binding for the buyer. The buyer is therefore entitled to initiate the operation and use the supplied goods only according the Operation manual.

9.4 In case, that the buyer acted in conflict with the Installation instructions and/or Operational manual of the goods there is a real risk of harming people or damaging property as a result of such inexpert usage or operation of the goods. In such case the vendor is not responsible for any kind of damages on the property of the buyer and/or the third party, damage to health or any consequential damages. Exclusively the buyer will bear full compensation for any resulting damage.

9.5 The vendor is not liable for any damage caused by wear-out of individual parts of delivered goods when they are so-called consumer.

10. Withdrawal from the contract and return of the goods

10.1. The buyer in e-shop has the right to withdraw from the contract which has been made this way with the vendor without any reason within 7 working days from receiving the goods. The buyer must duly inform the vendor about his withdrawal in written form within the mentioned period. Subsequently the goods in its original packaging, complete and in undamaged condition and with all the documents received from the vendor when purchasing the goods, will be returned personally or by registered mail to the vendor, on his own expense (i.e. not Cash on delivery) to the vendor address: SNP 129, 919 04 Smolenice. Obligation of the vendor, after receipt of complete and not damaged returned goods, is to return the purchase price to the buyer, on the buyer’s account, unless the parties agreed otherwise. The costs that incurred in connection with sending the goods to the buyer shall be borne by the vendor.

10.2. The buyer may return purchased and received goods directly in the shop of the vendor, that he had inspected or even tried when making the purchase only with the consent of the sales representative of the vendor. In case that the sales representative of the vendor agrees with the such return of the goods and with returning of the payment, the vendor is entitled to charge the buyer a refund handling fee of 5% of the purchase price, however, the minimum fee is 3,32 Eur.

10.3. In case of returning purchased goods for which the vendor had extra costs – special order, express delivery, etc. requested by the buyer – the vendor has the right to ask the buyer for full refund of such costs. The buyer is obliged to reimburse such extra costs to the vendor in their entire height.

10.4. In case of not fulfilling any of conditions mentioned in this article by the buyer then the withdrawal from the contract by the buyer will not be valid and the vendor will not accept the contract withdrawal and the goods handed over or returned by the buyer to the vendor, shall be returned back to the buyer on the costs of the buyer.

10.5. By violation of the conditions for contract withdrawal or proper return of the goods pursuant to this article of General Commercial Conditions the vendor is entitled to ask the buyer for compensation of losses, which were caused by this, according to relevant legislation.

10.6. Alternative dispute resolution

If the buyer is not satisfied with the way how the vendor managed his claim or considers that the vendor has breached his rights, the buyer has the right to contact the vendor for a remedy. If the vendor responds negatively to the customer’s request according to the previous sentence or fails to respond to such a request within 30 days of the date the dispatch to the customer, the buyer has the right to apply a petition for alternative dispute resolution pursuant to §12 of Act no. 391/2015 Collection of laws about Alternative dispute resolution of consumer disputes and on amendments to certain laws.

The relevant entity for alternative dispute resolution of consumer disputes with the vendor is the Slovak Trade Inspection or other competent legal person registered in the list of alternative dispute resolution entities registered by the ministry of Economic Affairs of the Slovak republic (list is available on web page http://www.mhsr.sk ), the buyer has the right to choose which of those alternative dispute resolution entities to address.

11. General provisions

11.1. All drawings, layouts, descriptions and other technical documentation, which refers to vendor´s goods belong to Štefánia Hostinová – HOSTIN and without vendor´s consent, the buyer cannot use these documents for any reason, except of installation of the goods, its usage or maintenance. Especially it is forbidden to copy, distribute or make these documents available to the third party without vendor´s prior consent.

11.2. When the vendor provides samples of the goods to the buyer, these samples remain the exclusive property of the vendor and therefore the buyer is not entitled to make them available to the third party without the prior consent of the vendor.

11.3. If the vendor produces any new tools and jigs, in order to manufacture the goods of non-standard construction, these remain the sole property of the vendor also in case, that the buyer contributed on costs for their production.

12. Final provisions

12.1. These General Commercial Conditions of the vendor are obligatory for the buyer since the date of its publishing in the vendor’s company seat and on his website: www.hostin-kovo.com. These General commercial conditions are binding for the buyer as applicable at the date of purchase of goods or sending the order via e-shop.

12.2. By placing the order the buyer confirms, that he accepts the height of the price of ordered goods, including freight and handling costs, General Commercial Conditions and Return Policy rules valid in version, which is actual at the time of purchasing of the goods or when sending the order via e-shop. By placing the order the buyer also confirms that he read the General Commercial Conditions and understood them in full, agrees with them and that his will be bound by these General Commercial Conditions for purchasing the goods is free and serious and expression of his will towards closing a contract for purchasing the goods is clear and certain and that these General Commercial Conditions were accepted without reservation, not under pressure, neither by clearly unfavourable conditions.

12.3. Personal data and their protection. The parties agreed that the buyer, if he is a natural person, is obliged to provide to the vendor his name and surname, address of permanent residence, including postcode, telephone number and e-mail address. The parties have agreed that the buyer, if a legal person, is obliged to provide to the vendor his business name, address of the registered office including the postcode, company ID, Tax ID number, phone number and e-mail address. The buyer declares that he is aware that the vendor, in accordance with Act 18/2018 Collection of laws about Personal Data Protection, as amended, processes and stores his personal data, in particular those mentioned above, and/or which are necessary for the vendor’s activities, and he will process them for the purpose of providing the agreed service or the sale of goods, as well as on the basis of special regulations. The buyer is also aware that the vendor in his activity uses/ may use other suppliers or business partners who have access to the buyer’s personal data. However, these are bound by the mediation agreement and personal data of the buyer are protected in accordance with the legislation on the protection of personal data. The vendor undertakes to treat and store the buyer’s personal data in accordance with applicable Slovak legislation. The buyer is aware that the vendor may within the scope of the operator’s authorized activities send him messages on his offers and promotions and other promotional or advertising materials. The buyer may anytime in the future refuse the sending of such materials and revoke his consent at any of the contacts listed on the vendor’s website. At the same time, the buyer acknowledges that he is aware that further information on the methods and purposes of processing can be found on the vendor’s website in the Protection of Personal Data section.

12.4. The vendor commits to archive the sales contract in electronic form together with General Commercial Conditions within next 5 year. The archived contract is not available to the buyer and it serves only for administrative and archive purposes of the vendor.

12.5. Purchase contract between the vendor and the buyer in the terms of these General Commercial Conditions must be concluded in Slovak language, unless contracting parties agree otherwise.

12.6. In case that any part of these General Commercial Conditions becomes invalid and/or ineffective, this shall not affect the validity and effectiveness of the remaining parts of these General Commercial Conditions, e.g. boundary for the buyer. The vendor reserves the right to change these General Commercial Conditions, if necessary to bring them into line with new, binding legislation on the Slovak Republic or due to his own needs for the future updates. In such cases, the vendor is therefore entitled to change the wording of these General Comercial Conditions, while at the same time he is obliged to publish the changed current wording without delay on his website: www.hostin-kovo.com.

12.7. These General Commercial Conditions are valid and effective since 25.5.2018. Acceptation of these General Commercial Conditions cancels the validity of all previous General Commercial Conditions of Štefánia Hostinová – HOSTIN valid and effective before 24.5.2018.

In Smolenice, 25.5.2018