General terms and conditions
1. The following general terms and conditions (hereinafter referred to as “terms and conditions”) are issued by:
Karpatika, s.r.o., with its registered office at Smolenícka 3, 851 05 Bratislava, Company registration number 52 595 978, VAT number 2121082194, registered in Business register, County court Bratislava I, file number 140032 / B, VAT number SK 2121082194 according to §7a of the VAT Act. The subject is not a VAT payer.
Contact details of the subject, intended for client contact:
Office: Majerníkova 1 / B, 841 05 Bratislava, email: info@karpatika.sk, 0915 622 133
(hereinafter referred to as the “seller”)
2. These terms and conditions govern the mutual rights and obligations of the seller and the natural or legal person who enters into a contract of sale outside his business activities as a consumer by phone, email or via website order.
3. The provisions of the terms and conditions are an integral part of the contract of sale. A different arrangement in the contract of sale takes precedence over the provisions in these terms and conditions.
II. Information on services and prices
1. Information on services, including the price of individual services and their components, is final and stated before the conclusion of the contract. The listed prices include the VAT of suppliers, all related fees and costs for order cancellation, if this service cannot, by its nature, be canceled the usual way.
2. All prices are final after confirmation of the order and then they are binding under unchanged conditions.
3. Any discounts on the purchase price cannot be combined with each other, unless the seller and the buyer agree otherwise.
III. Order and conclusion of the purchase contract
1. Costs incurred by the buyer in the use of distance communication in connection with concluding the contract of sale(eg. costs of internet connection or telephone calls), pays the buyer himself.
2. The buyer performs the order of services by filling in the reservation email of the seller, contacting the customer by phone, email or in writing.
3. The condition for the validity of the reservation is the completion of all mandatory data and confirmation from the buyer that he has read these terms and conditions.
4. The seller will send the buyer a confirmation of delivery to the email address that the buyer entered when ordering. The contract of sale is concluded only after the order is accepted by the seller.
5. In the event that any of the requirements specified in the order cannot be met by the seller, he shall send an amended offer to the buyer to his email address. The amended offer is considered new draft of contract of sale and the contract of sale is in such a case concluded by the buyer’s confirmation of acceptance of this offer to the seller to his email address specified in these terms and conditions.
6. All orders received by the seller are binding. The buyer can cancel the order before receiving a notification of acceptance of the order by the seller. The buyer can cancel order by e-mail to the seller’s email, specified in these terms and conditions.
IV. Payment terms and delivery of services
1. The price of the service and any costs associated with the delivery of the service under the contract of sale may be paid by the buyer in the following ways: cashless transfer to the bank account of the seller defined in the booking confirmation, in cash during personal pickup at the place of business.
2. The purchase price is payable within 72 hours from the conclusion of the contract of sale or within the period confirmed by the seller.
3. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled on time crediting the relevant amount to the bank account of the seller.
4. The seller issues and sends a tax document to the buyer by email.
5. In case of cash payment, the buyer will receive a confirmation from the virtual cash register.
V. Withdrawal from the contract
1. A buyer who has concluded a purchase contract outside his business activities as a consumer has the right to withdraw from the contract of sale without giving a reason.
The confirmed order / agreement / contract is binding for the customer. In the event that the customer withdraws from binding order / agreement / contract or cancel the order / agreement / contract before its execution, the provider is entitled to charge the following cancellation fees:
– in the case of the sale of products of another business subject according to the cancellation conditions of this subject
– in the case of own products:
– one-day trip less than 72 hours – 50%, less than 24 hours 100% of the price
– tours for locals – no cancellation fee
2. The buyer may not, inter alia, withdraw from the contract of sale:
– on provision of services, if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract and if the service has been provided in full,
– the supply of digital content other than on a tangible medium, if its provision began with the express consent of the buyer and the buyer has declared that he has been duly informed that by expressing his consent he loses the right to withdraw from the contract,
– in other cases specified in § 7 par. 6 of Act no. 102/2014 Coll. 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 premises of the seller, as amended.
3. In order to comply with the deadline for withdrawal from the contract, the buyer must send a statement of withdrawal in the withdrawal period.
4. To withdraw from the contract of sale the buyer will send the withdrawal to the e – mail or delivery address of the seller stated in these terms and conditions.
5. If the buyer withdraws from the contract, the seller will immediately, but no later than 14 days from withdrawal from the contract, return all funds, including delivery costs, received from the buyer in the same manner as sent. The seller will return the received funds to the buyer in another way only if the buyer agrees and if he does not incur additional costs.
6. The seller is entitled to withdraw from the contract of sale due to supplier’s failure to provide the service or for non-payment of the order within the due date. Seller immediately informs the buyer via the email address specified in the order and returns within 14 days from the notice of withdrawal from the contract of sale all funds, including the cost of the delivery which he received from him under the contract, in the same way as received or in manner designated by the buyer.
VI. Terms of Delivery
1. According to the concluded contract or accepted order, the Seller shall deliver the services to the customer under the conditions specified in the following provisions of this article of the GTC.
2. The seller will deliver the services at the place and time specified in the contract or in the order. A tax document will be issued for the delivery of services.
3. In the event that the seller will not be able to provide services within the period specified in the contract because of force majeure, the time of delivery of services shall be extended by the duration of force majeure, or there may be other change in the services provided. Considered as force majeure are unpredictable or predictable but uncontrollable situations, affecting the delivery of services such as: strikes, measures taken by public authorities, natural disasters and catastrophes, technical barriers. The seller is obliged, if possible, to notify the customer of these facts together with a statement of at least the approximate possible time of delivery of services. If, as a result of force majeure, the performance of the provider becomes impossible, his obligation to deliver services to the customer expires.
4. In the event that the seller would not be able to provide the customer with the ordered services within the agreed period, in agreement with the customer, the date of the ordered services will change.
5. In the event that the seller is unable to provide for reasons other than those listed above services ordered by the customer, after agreement with the customer a replacement program will be prepared. In case, that the buyer for this reason withdraws from the order and paid the provider a deposit or the amount for trip, this amount will be refunded in full.
VII. Delivery
1. The Contracting Parties may communicate to each other all written correspondence by means of
e-mail.
2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
VIII. Alternative dispute resolution
1. The consumer shall have the right to ask the seller for redress if he is not satisfied with the situation the manner in which the seller has handled his complaint or if he believes that the seller has infringed his rights. The consumer has the right to file a motion to initiate ADR with the ADR entity if the seller has responded to the request under the previous sentence in the negative or has not responded within 30 days from the date of dispatch. This is without prejudice to the consumer’s ability to go to court.
2. The Slovak Trade Inspection, with its registered office at: Prievozská 32, 827 99 Bratislava, Company Identification Number: 17 331 927, is responsible for the out-of-court settlement of consumer disputes arising from contract of sale, which can be contacted at the Slovak Trade Inspection, Central Inspectorate, Department of International relations and alternative dispute resolution, Prievozská 32, 827 99 Bratislava 27.
3. The seller is entitled to sell services on the basis of a Trade Certificate. Trade Certificate control is performed within the scope of its competence by the relevant District Office of the Trade Licensing Department.
IX. Final provisions
1. All agreements between the seller and the buyer are governed by the law of the Slovak Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that
the relationship is governed by law of the Slovak Republic. This is without infringing on consumer ‘s rights under generally binding legislation.
2. The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of Act no. 250/2007 Coll. on consumer protection as amended.
3. All rights to the seller’s website, in particular copyright to the content, including page layouts, photos, movies, graphics, trademarks, logos, and other content and features belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without consent of the seller.
4. The seller is not responsible for errors caused by the intervention of third parties in internet space.
5. The contract of sale, including the business conditions, is archived by the seller in electronic form and is not publicly available.
6. The wording of the terms and conditions may be amended or supplemented by the seller. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
7. A model form for withdrawal from the contract is attached to the terms and conditions.
These terms and conditions take effect on 1.9.2020.