General terms and conditions
I. General provisions
1.1 These general terms and conditions (hereinafter referred to as "GTC") govern the rights and obligations between the Contractor and the Customer and are an integral part of the Work Contract and the Product Supply Contract concluded pursuant to Act no. 40/1964 Coll. and Act no. 513/1991 Coll.
1.2 The "Contractor" or "Seller" is the company METALTRIM s.r.o., ID: 43 934 536, with registered office: Oravská Jasenica 603, 029 64 Oravská Jasenica, Registered: in business reg. Žilina District Court, department: Sro, file no.: 20043/L., Bank connection: account held at Československá obchodná banka, a.s., IBAN: SK27 7500 0000 0040 2633 2984, e-mail: email@example.com
1.3 "Customer" or "Buyer" is a natural or legal person who ordered the manufacture of the Product and/or the delivery of the Product from the Contractor based on the contractual relationship and these General Terms and Conditions.
1.4 "Product" is an object obtained through production, the Contractor's own creative activity, which is made according to the specific requirements of the Customer.
1.5 "Work contract" is a contract by which the Contractor undertakes to perform a certain work (Product) and the Customer undertakes to pay the price for its execution.
1.6 "Product delivery contract" is a contract whose subject is the delivery of the Product.
1.7 "Contract" is collectively referred to as the Purchase Agreement and the Work Agreement.
1.8 The contract is concluded between the Contractor and the Customer by electronic means at a distance. A contract according to the GTC also means a contract that is not concluded at a distance.
II. Order and conclusion of the Contract
2.1 By sending the order by the Customer in any form (by e-mail, post, in person or by telephone) and by confirming it in any form (by e-mail, by post, in person or by telephone) by the Contractor, the order becomes binding and on its basis the Contract is concluded, from which The Contractor and the Customer have mutual rights and obligations, namely the Contractor, in particular, the obligation to perform the Work or deliver the Product to the Customer in the specified form, and the Customer is obligated to pay the price for the Work and/or to pay the price for the Product.
2.2 A non-binding order or similar form of contacting the Contractor by the Customer is considered only as a request to send information about the offered Products.
2.3 In the event that all data provided by the Customer in the order were not filled in correctly and completely, the Contractor is entitled to consider completing the order.
2.4 The customer is obliged to check his data before sending the order and then, if necessary, correct or modify the data provided by him.
2.5 By placing the order, the customer confirms that he has familiarized himself with the General Terms and Conditions.
2.6 Acceptance of the price offer by the Customer results in the creation of a Work Contract and/or Product Delivery Agreement between the Customer and the Contractor.
2.7 In the event that the price offer is not accepted within 14 days, it is valid that the conclusion of the Contract for the work between the Contractor and the Customer has not taken place.
III. Method of making the product or delivering the product by the Contractor
3.1 The customer follows the instructions published on the Contractor's website and at the same time the instructions of the Contractor in any form (e-mail, mail, in person or by phone).
3.2 The Contractor will manufacture the Product on the basis of the price offer agreed by the customer, in which the technical specification of the Product will be precisely defined (in terms of quantity and type). In addition to the above, the deadline for the production of the Product will also be agreed in the price offer.
3.3 The Contractor is obliged to manufacture the Product with professional care and in accordance with the data and information provided by the Customer via the Contractor's website or otherwise (e.g. by email, telephone, etc.) within the agreed time. The Contractor is not bound by the Customer's instructions, which are in conflict with generally binding legal regulations or circumvent them or go against good morals. The Contractor is obliged to inform the Customer about all important steps in the manufacture of the Product.
3.4 If cooperation on the part of the Customer is necessary for the fulfillment of the Contractor's obligations, the Customer is obliged to provide such cooperation to the Contractor immediately upon his request, especially, but not only in cases where the Contractor asks the Customer to send more precise, correct or additional information and data to the order .
3.5 The Contractor reserves the right to extend the date of manufacture and delivery of the Product depending on the number of orders received in the given period. The Contractor is obliged to inform the Customer of this fact without delay.
3.6 The customer is obliged to take over the Product at the place agreed by the contracting parties or at the place specified in the order. The date of manufacture and delivery of the Product will always be specified in the order, which will be confirmed by the Contractor.
3.7 A shorter delivery period can be negotiated after agreement with the Contractor. The customer is always obliged to confirm receipt of the Product by signing the delivery note/acceptance protocol, thereby also confirming that he has properly inspected the delivered Product and that the Product meets the requirements specified in his order. If, for any reason, the delivery note/handover report has not been drawn up, the Customer or a person authorized by him shall confirm the acceptance of the Product by signing the invoice, which in such case will also serve as the delivery note/handover report.
3.8 In the event that the Contractor does not produce the Product for the Customer within the agreed period, the Customer is obliged to provide him with an adequate additional period for the production of the Product. If the Contractor does not deliver the Product even within the additional period provided, the Customer is entitled to withdraw from the Contract if the Customer stated in the order that delivery by a certain date or on a specific day is important to him and the Contractor confirmed this requirement.
3.9 In the event that the contracting parties do not agree otherwise, the delivery of the Product will take place according to the confirmed order by the carrier or cash on delivery, courier by mail, after payment of the advance invoice or by personal collection at the Contractor's headquarters.
IV. Price for making the Product and terms of payment
4.1 The price for the production of the Product will be paid in the amounts and in the due dates specified in the price offer.
4.2 The price for provision for the delivery of the Product is always governed by the Contractor's price list current at the time of the conclusion of the contract. However, the contracting parties can negotiate the price individually.
4.3 The contractor is a VAT payer and the price for the Product is stated including VAT.
4.4 Payment of the price for the manufacture of the Product is considered to have been paid on the day it is credited to the Contractor's account.
4.5 The customer agrees to issue and send an electronic invoice. The customer can withdraw his consent to sending the final invoice in electronic form by notifying the Contractor in writing.
4.6 If, for reasons on the part of the Customer, the specifications of the Product are changed, the changed price, as well as all costs that were incurred with such a change, will be charged from the date of the change by the Contractor.
4.7 The Contractor is entitled to charge the costs related to the transportation of the Product to the place of delivery.
V. Place of delivery of the Product
5.1 The delivery of the Product is considered to be its handover to the Customer, or to a person authorized by him, at the place of performance designated by him. All risks and danger of damage to the Product are transferred to the Customer upon delivery of the Product. If the Contractor hands over the Product to the carrier according to the Customer's instructions, the risk of damage to the Product passes to the Customer upon handing it over to the carrier. At the moment of delivery, the Customer is fully and exclusively responsible for the method of use, storage and further handling of the Product.
VI. Product complaints
6.1 The Customer is obliged to notify the Contractor in writing at the address of the company's registered office of the inconsistency of the delivered Product with what was the subject of his order immediately after discovering the inconsistency.
6.2 In the event that the Customer is not satisfied with the defective Product delivered, he may submit a complaint to the Contractor by post to the Contractor's address, stating the Product, the date of delivery and the reason for the complaint. The Contractor processes complaints within 30 days from the date of receipt of the complaint.
6.3 The customer is obliged to properly check the product when taking it over. If it is found to be incomplete or damaged, he is obliged to refuse to accept it. The Customer is obliged to carry out the inspection in such a way as to detect all defects that can be detected by exercising professional care. A late claim for these reasons will not be recognized. An exception is damage that was not apparent even during a proper inspection when the shipment was received. In such a case, the Customer is obliged to file a claim within 14 days of receiving the Product. The Contractor is entitled to reject the claim as unjustified if it is found that the Product was used contrary to its intended use or contrary to the instructions regarding recommendations regarding the maintenance of the Product.
6.4 In case of a defect that can be removed, the Customer has the right to have it removed free of charge, in a timely manner and properly. The Contractor decides on the method of removing the defect and is obliged to remove the defect without undue delay. The Contractor is entitled to exchange the Product for a new one instead of removing the defect (repairing) the Product.
6.5 In the event of an irreparable defect that prevents the proper use of the item for the given purpose, the Customer has the right either to exchange the item or to withdraw from the Contract. These same rights, i.e. the right to exchange the Product or refund the purchase price, belong to the Customer even if the same removable defect, which has already been complained about twice and removed by repair, occurs a third time during the warranty period or if three different defects occur simultaneously. The customer has the right to choose whether to exercise the right to exchange the Product or decide to return the purchase price. However, if he chooses one of these rights, he cannot unilaterally change this choice himself. In the case of other non-removable defects, i.e. those which cannot be removed, but do not prevent the proper use of the Product, the Customer has the right to an appropriate discount from the purchase price. The amount of the discount is a matter of agreement between the Contractor and the Customer.
6.6 The warranty period for the Product is 24 months. If the warranty period of the Product from the manufacturer is longer, the seller's warranty period is the same as the manufacturer's warranty period. The warranty period begins on the day the Customer receives the Product.
6.7 If the Customer asserts a defect in the Product in an unspecified manner, he is exposed to the risk of prolongation of the complaint procedure, or the invalidity or ineffectiveness of his claim of liability for defects. If the defective Product remains in the Customer's possession for the duration of the complaint procedure, the Customer is obliged to act in such a way that it does not deteriorate further. In case of violation of this obligation, the Customer is obliged to compensate the Contractor for the damage caused by such actions.
VII. Contract fines
7.1 In the event that the Customer does not take over the Product, the Contractor is entitled to 100% of the Product price. In the event that the Contract is re-concluded after the payment of the specified contractual fine.
7.2 In the event that the Customer withdraws from the contract on the day when the Customer began to make the Product, the Contractor is entitled to a contractual penalty in the amount of the total price of the Product. The contractor is entitled to payment of the contractual penalty in accordance with the previous sentence of this point of the GTC immediately after delivery. The contracting parties have agreed that the Contractor is entitled to set off his claim for the payment of the contractual penalty in accordance with this clause of the General Terms and Conditions with the Customer's monetary claim for the return of the paid price of the Product.
VIII. Duration of the contract
8.1 The contract between the Contractor and the Customer is concluded on the basis of an individual order, unless the parties agree otherwise.
8.2 In the event that the contract was concluded in written form, when interpreting the provisions relating to the content of the legal relationship, individual agreements contained in the written contract different from the content of these General Terms and Conditions take precedence.
8.3 The contract shall be terminated in the cases specified in the General Terms and Conditions, in particular by the expiration of the period for which the contract was agreed upon, by written agreement between the Customer and the Contractor, or by written withdrawal from the contract by one of the contracting parties, which can also be done without giving a reason.
IX. Contract cancellation
9.1 The Contractor is entitled to withdraw from the Contract after its conclusion, or not to confirm the order in the case of erroneously filled-in data by the Customer, missing data or other discrepancies in the order, unless, even after the Contractor's request to supplement or remove them, the Customer does not ensure immediate rectification.
X. Rights and obligations of the Customer
10.1 The Customer has the right to manufacture the Product in the quality, date and place agreed with the Contractor.
10.2 The customer undertakes to provide true, complete and accurate data when ordering the Product and to notify the Contractor in writing of any changes to his identification data. In the event of a breach of this obligation, the decisive data are given in the last registration of the Customer and the Customer is responsible for the damage caused to the Contractor.
10.3 By sending the Order, the Customer gives consent to the Contractor to process personal data.
XI. Rights and obligations of the Contractor
11.1 The Contractor is obliged to manufacture the Product at his own expense and risk within the term specified in the price offer. The contractor is entitled to perform the work also through a subcontractor, but this does not relieve him of responsibility for the production of the Product.
12.1 The customer agrees to e-mail, telephone communication, via post or electronic media (skype, google), and for this purpose provides the Contractor with his e-mail, telephone number and postal address. In the event that these data change, the Customer is obliged to notify the Contractor of them. Until the change in contact information is announced, the original information is valid for communication.
12.2 The contractor will send documents in Microsoft Word format (*.DOC or *.DOCX) or in another common format (*.rtf or *.pdf or *jpg or *XLS or *XLSX or *XML or similar).
13.1 The Contractor is not responsible for damage caused to the Customer in particular, but not exclusively, by the fact that the Customer provided false or incomplete information in the orders sent to the Contractor, if he did not immediately provide the Contractor with sufficient cooperation in the production of the Product, or if in any way he changed the content of the documents provided by the Contractor in connection with the production of the Product .
14.1 In accordance with EPaR EU regulation no. 2016/679 on the protection of natural persons in the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR") and Act No. 18/2018 Coll. on the protection of personal data, the Contractor is considered the operator (hereinafter referred to as the "operator").
14.2 Personal data is all information about an identified or identifiable natural person. An identifiable natural person is a natural person who can be directly or indirectly identified, in particular by reference to a certain identifier, for example a name, identification number, location data, network identifier or one or more special elements of physical, physiological, genetic, mental, economic, cultural or social the identity of this natural person.
14.3 The Operator processes the Customer's personal data, in the following scope: first name, last name, residential address, telephone number and email address (i.e. ordinary personal data) for the purpose of fulfilling the contract in accordance with Article 6 para. 1 letter b) GDPR. Personal data provided by the Customer to the operator for the purpose of fulfilling the contract is not provided by the operator to a third party. The operator does not provide any personal data to third countries. The Operator stores the Customer's personal data for the period necessary to fulfill the rights and obligations arising from the contractual relationship and to assert claims from this contractual relationship (for a period of 3 years from the termination of the contractual relationship). After this period, the Customer's personal data will be deleted.
14.5 Under the conditions set forth in the GDPR, the Customer has the following rights:
◦ the right to know whether his personal data is being processed by the operator,
◦ the right to correct his personal data with the operator so that they are correct, complete and up-to-date,
◦ the right to have his personal data deleted by the operator,
◦ the right to limit the processing of his personal data by the operator,
◦ the right to portability of his personal data in electronic form with the operator,
◦ the right to object that the operator processes his personal data.
14.6 In order to exercise the above-mentioned rights, the Customer may contact the Contractor as an operator in one of the following ways:
in writing to the address Oravská Jasenica 603, 029 64 Oravská Jasenica.
14.7 The operator will deal with all requests and will inform the Customers about the result of their processing in the same way as they submit the request.
14.8 The contractor as the operator declares that he has taken all appropriate technical and organizational measures to secure personal data.
As an operator, the contractor has taken technical measures to secure data storage and personal data storage in paper form, especially by securing / encrypting access to the website, performing regular system updates, and performing regular system backups.
The contractor as the operator declares that only persons authorized by him have access to personal data.
XV. Final provisions
15.1 The possible invalidity of any part of these GTC does not affect the validity and effectiveness of other agreements. In the event that any part of the General Terms and Conditions is invalid or becomes invalid later, the legal regulation that is closest in nature to the invalid provision will be used to regulate the relations of the contracting parties.
15.2 Legal relations between the Contractor and the Customer not regulated by the General Terms and Conditions are governed by the legal order of the Slovak Republic, in particular Act No. 513/1991 Coll. (Commercial Code), and in the event that the Customer is a consumer who, when concluding and fulfilling the consumer contract, does not act within the scope of his business activity, employment or profession, this contractual relationship is governed by Act no. 40/1964 Coll. (Civil Code), Act No. 250/2007 Coll. (Act on Consumer Protection and Amendment of Slovak National Council Act No. 372/1990 Coll. on Offenses as amended) and Act No. 102/2014 Coll. (Act on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments to certain laws).
15.3 These General Terms and Conditions become ineffective on the date of entry into force of newer General Terms and Conditions.
15.4 The Contractor is entitled to change these GTC at any time, while in the contractual relationship with the Customer based on the application of the order, the version of GTC that was published on the Contractor's internet portals will always apply. accessible at the location of the Contractor as the valid version at the time of placing the order, on the basis of which the contract was concluded.
Oravska Jasenica 05.10.2023