Terms and conditions

GENERAL TERMS AND CONDITIONS
of online store www.nightgearsolutions.eu

1. Introductory Provisions and Definition of Terms

1. These General Terms and Conditions (hereinafter referred to as “GTC”) govern the legal relations between the company:

Business name: PRIMANOX s. r. o.
Registered office: Kalinčiakova 6206/2, Banská Bystrica 974 05, Slovak Republic
Registered in the register of the District Court of Banská Bystrica, Section Sro, File No. 40894/S
Company ID (IČO): 53324048
Tax ID (DIČ): 2121389908
VAT ID (IČ DPH): SK2121389908
Bank account: SK09 1111 0000 0016 5003 3001
The Seller is a VAT payer /Value Added Tax/

(hereinafter referred to as the “Seller”) and any person who is a Buyer of goods or services offered by the Seller on the Seller’s Website, and who acts in the position of a consumer within the meaning of the provisions of the General Terms and Conditions published on the Seller’s Website, these General Terms and Conditions and the relevant laws defining a consumer, within the meaning of the valid legislation of the Slovak Republic, in particular laws: Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the Seller’s premises, as amended, Act No. 250/2007 Coll. on consumer protection, as amended, Act No. 22/2004 Coll. on electronic commerce, as amended, Act No. 40/1964 Coll. Civil Code, as amended.

1.1. Email contact and telephone contact for the Seller is:
Email: nightgearsolutions@gmail.com
Tel. No.: +421 950 440 012

1.1.1. Address for sending documents, complaints, withdrawal from contracts, etc. is:
PRIMANOX s. r. o., Kalinčiakova 6206/2, 974 05 Banská Bystrica, Slovak Republic

1.2. These General Terms and Conditions govern the legal relations between Buyers who are consumers and the Seller.

1.3. The term Online Store is identical to the term Electronic Store and the term Website.

2. The Buyer is any person (natural person or legal entity) who has sent an order via an electronic order form using the Seller’s website or other means of distance communication.

2.1. The Consumer is the Buyer, who is a natural person, and who, when concluding a purchase contract via the Seller’s Website, is not acting within the scope of his business activity.

2.2. Contractual relations (as well as other legal relations that may arise from the contractual relationship) with Buyers who act in the position of legal entities, resp. with natural persons-entrepreneurs acting within the scope of their business activity /Buyers who do not act in the position of a consumer/ are governed by the provisions of Act No. 513/1991 Coll. Commercial Code as amended.

2.3. A distance contract for the purposes of these General Terms and Conditions means a contract between the Seller and the consumer agreed and concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the Seller and the consumer, in particular by using the website or other means of distance communication.

2.4. The term Purchase Contract includes a purchase-sale contract, a service provision contract and a contract for the provision of electronic content not supplied on a tangible medium.

3. Products (hereinafter also “Things”) are goods, services intended for sale and published on the Seller’s Website.

3.1. The term Goods also includes electronic content not supplied on a tangible medium.

4. The Seller is also the operator of the electronic system through which it operates the website on the domain named www.nightgearsolutions.eu

5. The relevant authority supervising legality in the area of consumer protection is:
Slovak Trade Inspection Inspectorate
with its seat in Banská Bystrica for the Banská Bystrica Region
Dolná 46, 974 00 Banská Bystrica 1
Supervision Performance Department
tel. no. 048/412 49 69, 048/415 18 71, 048/415 18 73
email: bb@soi.sk
website link for filing suggestions: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

6. Complaints or suggestions may also be addressed by the Buyer directly to the Seller at the address stated in Art. I, par. 1.1.1. of these GTC. The Seller also recommends that Buyers address complaints and suggestions (in order to speed up handling) to the Seller’s email address: nightgearsolutions@gmail.com
Any complaint or suggestion will be assessed and handled by the Seller within 10 working days of its receipt. The Seller shall inform the Buyer of its handling in the same form as the Buyer delivered the complaint or suggestion to the Seller.

7. Pursuant to §3, par. 1, letter n) of Act No. 102/2014 Coll., the Seller informs the consumer that there are no special relevant codes of conduct to which the Seller has committed to comply, whereby a code of conduct means an agreement or a set of rules defining the behavior of the Seller who has committed to comply with this code of conduct in relation to one or more specific commercial practices or business sectors, if these are not established by law or other legal regulation or measure of a public administration authority, and the manner in which the consumer can familiarize themselves with them or obtain their wording.

2. Product Order – Conclusion of Purchase Contract

2.1. A proposal to conclude a purchase contract on the part of the Buyer is the submission of a product order by the Buyer realized through an electronic order form, using the Seller’s website or other distance communication means.

2.2. The purchase contract between the Buyer and the Seller is concluded at the moment of delivery of the order acceptance confirmation to the Buyer, which the Buyer created pursuant to Art. II, par. 1 of these GTC by the Seller (electronically to the Buyer’s email address chosen by the Buyer during the order creation process).

2.2.1. In the event that the Buyer chooses payment by bank transfer to the Seller’s account as the form of payment, the Purchase Contract is concluded at the moment of simultaneous fulfillment of two conditions:

2.2.2. Crediting the total order price to the Seller’s account.

2.2.3. Confirmation of the Buyer’s order by the Seller pursuant to Art. II, par. 2 of these GTC.

2.2.4. In the event that both conditions specified in paragraphs 2.1.1. and 2.1.2. of Art. II of these GTC have been met, the Purchase Contract is concluded at the moment of fulfillment of the condition that was met later.

2.3. The purchase contract is concluded for a definite period and terminates in particular by the fulfillment of all obligations of the Seller and the Buyer.

2.3.1. The purchase contract may also terminate in other cases defined by the legal order of the Slovak Republic, in particular by agreement of the contracting parties, withdrawal from the contract by the consumer, or non-payment of the order price within the maturity period.

2.4. The Seller informs the Buyer that in the event of ordering products by the Buyer, the order is associated with a payment obligation for the Buyer, in the form of payment chosen by the Buyer.

3. Purchase Price and Payment Terms

3.1. The price of goods and services ordered via the Seller’s Website (hereinafter referred to as the “purchase price”) is stated separately for each product and is valid at the moment of order creation by the Buyer.

3.2. The basic currency is Euro.

3.3. The purchase price of goods or services stated on the Seller’s Website is the total price of goods or services including value added tax and all other taxes, while being clearly stated on the Seller’s Website. The purchase price of goods or services does not include shipping costs or other costs associated with the delivery of products. The Seller is a VAT payer / Value Added Tax /.

Payment Methods

You can pay for goods and services on the Seller’s Website by the following methods:

4.1 payment by deposit or bank transfer to the Seller’s account – price 0 Eur with VAT

4.2 card payment via ComGate a.s. payment gateway
Contact details for Comgate, a.s. for potential complaints or payment inquiries:
Comgate, a.s.
Gočárova třída 1754 / 48b, Hradec Králové
E-mail: platby-podpora@comgate.cz
Tel: +420 228 224 267
https://www.comgate.cz/cz/platebni-brana

The Comgate payment gateway also provides recurring payment, pre-authorization, and card saving functions associated with card payment. Upon payment approval, both you and the customer immediately receive information about the payment execution and you can send the ordered goods immediately.

Card Payment with a Currency Not Allowed in the E-shop

If the client pays with a supported card, they pay in the currency in which the payment card account is maintained. In such a case, conversion to the given currency is performed by the client’s domestic bank within its own current exchange rate.

Example: A client with a card issued in the Czech Republic makes a purchase on an e-shop where the only currency is euro. The client pays in euros, their domestic bank mediates currency conversion according to the current exchange rate. The e-shop owner receives the transaction standardly in EUR.

More about card payment on the official Comgate website: https://help.comgate.cz/v1/docs/cs/platby-kartou

Bank Transfers

The Comgate payment gateway offers several types of bank transfers, which differ in the method of entry, confirmation speed, and execution. A detailed description of their process can be found below.

Payment in Mobile Application

On a mobile device with iOS or Android systems, it is possible to choose payment in a mobile application. This is a user-friendly and fast option of bank transfer payment. The payer logs into the mobile banking application and confirms the pre-filled payment order there. The transfer can then take place as immediate, provided the payer’s bank allows it. This payment method is available in banks that support it.

PSD2 Payment

PSD2 payment collectively refers to payments via new services for executing bank transfers introduced by the European Payment Services Directive PSD2 within open banking. Comgate uses indirect payment order services combined with instant payment confirmation. Provider of PSD2 payment is KEVIN EU, UAB, ID 304777572, Lvovo g. 25-104, Vilnius, holding payment institution license No. LB000458 issued by Bank of Lithuania.

Online Bank Transfer

Pre-filled bank transfer offers comfort for the payer and immediate confirmation of payment.

QR Payment

QR payments combined with instant bank transfer meet user comfort and low unit transaction cost requirements (available in Czechia).

Bank Transfer Without Instant Confirmation

Bank transfer with manual completion of payment details is intended for those who do not want or cannot pay by card.

All information about bank transfer payments can be found on the official Comgate website: https://help.comgate.cz/docs/bankovni-prevody

4. Delivery of Products

5.1. The Seller is obliged to fulfill the order and deliver goods or services to the Buyer within a maximum of 90 days from the conclusion of the purchase contract pursuant to Art. II, par. 2 and following of these GTC.

5.1.1. The Seller is obliged to deliver products to the Buyer in the ordered quantity and quality together with tax documents related to the order and other documents if they exist and are typical for the given products or services.

5.2. The place of delivery of the ordered product is the address specified by the Buyer in the order.

5.3. Delivery of the product shall be performed by the Seller by own means to the hands of the Buyer (or a person authorized by the Buyer to take over the product), or through third parties (shipping and delivery companies).

5.4. Delivery of the product is executed by its takeover by the Buyer (or a person authorized by the Buyer to take over the product).

5.5. The Seller may send the goods that are immediately available to the Buyer and deliver the remaining part of the order additionally within a period consistent with the delivery period according to these GTC, provided that no additional costs arise for the Buyer from this action of the Seller, and only if the Buyer agrees.

5. Takeover of Product

6.1. The risk of product damage and responsibility for damage to the product passes to the Buyer upon its proper takeover, while it does not matter whether the Buyer takes over the product personally or through an authorized / empowered third party. The Seller recommends that the Buyer check the order upon receipt.

6.2. Upon product takeover, the ownership of the purchased product passes to the Buyer. In mail-order sales, ownership passes to the Buyer upon takeover of the product by the Buyer at the delivery place designated by them.

6.2.1. The Buyer has, among other things, the right not to take over the delivered product from the carrier, especially if the delivered item is of a different type or in cases:

• a) delivery of product/products that are in contradiction with the concluded purchase contract
• b) delivery of product/products that are in a damaged packaging or,
• c) delivery of product/products that are without relevant documents.

6.2.2. If delivery of product/products to the Buyer occurs according to letter a) of paragraph 2.1 of this article, the Buyer has, among other things, the right for the Seller to deliver the item in accordance with agreed conditions in the purchase contract free of charge and without undue delay, either by exchanging the product/products or repairing them. If such procedure is not possible, the Buyer has the right to request a discount on the purchase price or withdraw from the contract.

3. The Seller has the right to proper and timely payment of the order price from the Buyer for the delivered goods.

6. Transport – Methods of Product Transport and Price for Their Transport

7.1. Transport costs of the Seller are not included in the purchase price of the product stated on the Seller’s Website.

7.2. Methods and prices of transport are informed by the Seller to the Buyer during the purchasing process in the “Shopping Cart” section before concluding the Purchase Contract.

7. Buyer’s Withdrawal from Purchase Contract Without Giving a Reason

8.1. The consumer is entitled to withdraw from the contract without giving a reason within 14 calendar days from the day of receipt of the goods, if the Seller has properly and timely fulfilled information obligations according to § 3 par. 1 let. h) of Act No. 102/2014 Coll. as amended.

8.3. Withdrawal from the purchase contract can be exercised with the Seller in writing or in the form of a record on another durable medium at the address:
PRIMANOX s. r. o., Kalinčiakova 6206/2, 974 05 Banská Bystrica, Slovak Republic

8.13. The right to withdraw from the contract does not apply to goods and services defined in §7 par. 6 let. a) to l) of Act No. 102/2014 Coll. (custom-made goods, perishable goods, unsealed hygiene goods, audio/video recordings and software in protective packaging, etc.).

8.14. In case of withdrawal from the contract, the Seller is obliged to return funds to the consumer in the same form as received from the consumer, no later than 14 days.

8. Alternative Dispute Resolution

9.1. In the event that the consumer is not satisfied with the manner in which the Seller handled their complaint or believes that the Seller has violated their rights, the Buyer has the right to contact the Seller with a request for redress. If the Seller responds negatively or fails to respond within 30 days, the consumer may submit a proposal for alternative dispute resolution under Act No. 391/2015 Coll.

The relevant entity is the Slovak Trade Inspection (SOI) (https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi) or another authorized entity listed by the Ministry of Economy of the SR (www.mhsr.sk).

Consumers may also use the online dispute resolution platform: http://ec.europa.eu/consumers/odr/

9. Final Provisions

10.1. The Seller reserves the right to change the General Terms and Conditions. Changes become valid upon placement on the Seller’s Website.

10.3. These General Terms and Conditions form an integral part of the Complaints Procedure and Principles and Instructions on Personal Data Protection of this Website.

10.4. These General Terms and Conditions enter into force and effect upon publication on the Seller’s Website on 01.07.2021.