These terms and conditions (hereinafter Terms and Conditions) govern the relationship between the seller – HoOpingFit s.r.o. (hereinafter the Seller) and the buyers – the clients thereof (hereinafter the Buyers) of goods.
1. Basic Provisions
These terms and conditions (hereinafter Terms and Conditions) govern the relationship between the seller of goods – HoOpingFit s.r.o. and the buyers – the clients thereof.
By submitting an order the Buyer acknowledges these Terms and Conditions, of which the Return Policy is an integral part, and confirms their agreement with these said Terms and Conditions. The Buyer is sufficiently informed and reminded about these Terms and Conditions before placing the order and they have an opportunity to familiarise with them.
1.1. The Seller
The Seller – the entrepreneur that offers or sells products or services, or an authorised representative thereof.
HoOpingFit s.r.o., Company ID : 48219622, Tax ID : 2120093305 address Lazovná 60, 97401 Banská Bystrica.
1.2. The Buyer
The buyer – the consumer – a person, who, concluding and implementing the contract, doesn’t act within his commercial activity or any other business activity. The Buyer is a physical or legal entity that buys the products or uses the services for other than business purposes concerning the said products or services.
Legal relationships of the Buyer and the Seller that are not explicitly governed by the present Terms and Conditions shall be governed by the relevant provisions of the act no. 40/1964 Coll. of the Civil Code as amended, the act no. 250/2007 Coll. on Consumer Protection and on Amendment of the Act of Slovak National Council No. 372/1990 Coll. on Offences as amended.
1.3. Purchase Contract
Placing the offered goods on the website www.hoopingfit.com is considered a proposal for the conclusion of the Purchase Contract. The Purchase Contract is created upon placing an order by the Buyer and reception of the said order by the Seller. The Seller shall confirm the reception of the order immediately via e-mail sent to the e-mail address stated by the Buyer, however, this confirmation has no effect on the origination of the contract. The contract can be amended or cancelled only upon the explicit agreement of the parties or based on legal reasons.
Relationships and any disputes arising under the contract will be settled exclusively by the governing law of Slovak Republic and they will be settled in the court of law of Slovak Republic.
The contract is concluded in Slovak language.
The concluded contract is archived by the Seller for the minimum of five years of its conclusion, maximum for the time defined by the relevant legal provisions, for the purposes of its successful implementation, and it is not available to third parties. Information on individual technical steps leading to the conclusion of the contract is apparent from the present Terms and Conditions, which describe the process in a comprehensive way. The buyer has the opportunity to review and correct his order before sending it. The present Terms and Conditions are available on the individual portals of the Seller and the Buyer can thus save and copy them.
2. Personal Data Protection
The Seller proclaims, that all the personal data are confidential and will be used solely to implement the contract concluded with the Buyer, and they will not be published in any other way, made available to a third party etc. with the exception of a situation concerning the distribution or payment for the ordered goods, i.e. forwarding the name and the delivery address. Personal data provided by the Buyer to the Seller for the purposes of the realisation of the order are collected and processed in accordance with the applicable legislation of the Slovak Republic, especially wit the act no. 428/2002 Coll. on Personal Data Protection as amended. The Buyer gives his consent to the Seller to collect and process these personal data for the purposes of realisation of the object of the concluded Purchase Contract. The Buyer has the right to access his own personal data, they have the right to correct them and other legal rights concerning these personal data.
The Buyer gives his consent to the Seller to collect and process these personal data for the purposes of realisation of the object of the concluded Purchase Contract and for marketing purposes of the Seller (mainly for sending business announcements, telemarketing, text message marketing) until the Buyer expresses his disapproval in writing and its delivery to the address of the contractual partner of the Seller HoOpingFit s.r.o., Lazovná 60, 97401 Banská Bystrica. In this case, the written statement can be in electronic form, especially via the contact form o n the websites www.hoopingfit.com. The Buyer has the right to access their own personal data and to correct them (via the said contact form, including the right to demand an explanation and the removal of the unsatisfactory condition and other legal rights concerning these personal data).
3. Opening hours
E-shop www.hoopingfit.com : Monday to Friday 8:00 AM. to 5:00 PM.
The Seller has the right to dispatch the goods ordered during the holiday of the employees after the end of the holiday. The holiday time will be announced on the website in advance www.hoopingfit.com.
The selling prices on the websites are in Euro including the VAT and the recycling fee, the delivery fee not included. The price valid for the client is the one valid at the time of the order. The Seller has the rights to change the prices of the goods on www.hoopingfit.com, the new prices are valid since the moment of their release. The price change does not apply to the goods that have already been ordered.
The seller will further on offer the goods for the new prices. In that case, the Buyer has the right to withdraw from the contract.
The condition for the order to be valid is to fill in the registration and order form completely and truthfully. Received electronic order is considered to be the proposal of the Purchase Contract and is binding.
The Purchase Contract between the Buyer and the Seller arises based on the binding confirmation of the electronic order in the system. The Seller undertakes to confirm the contents of the order on the e-mail address of the Buyer, given in the order form. The Seller is not responsible for the delivery delays and the damages resulting from the fact, that the Buyer did not fill in all the required information, or that they fill the form in incorrectly.
6. Payment Conditions
a) Payment to the bank account of the Seller
b) Payment by cash on delivery of the ordered goods (the cash is received by the transporter)
7. Delivery Conditions
The goods are delivered by the Courier service (letter, 1st class parcel) within 3 workdays at most.
Return of a parcel that has not been received gives the Seller the right to claim transportation costs connected to the dispatch and non-reception of the goods in the amount of EUR 6.50. The order can be cancelled without any additional fees via e-mail to the following address: email@example.com, but only before it is dispatched. In case of redelivering the parcel, the Seller has the right to claim the transportation fees again.
8. Warranty Conditions
The warranty conditions are governed by the Return Policy of the Seller and by the applicable legal provisions of the Slovak Republic.
9. Withdrawal from the Contract
Withdrawal from the Contract by the Buyer, Who is also the Consumer
Under the provision of Section 7 of the Act on the Consumer Protection in Door to Door and Mail Order Sales (Act no. 102/2014 Coll.) the Buyer has the right to withdraw from the contract without stating the reason within 14 days of reception of the goods or of concluding the contract on provision of services, while the Seller must receive within the said period of 14 days the letter of the Buyer’s withdrawal from the contract. The Buyer has this right applies also in the case of the goods being purchased via internet and picked up in person at the business premises of the Seller.
The Withdrawal leter and the returned goods are to be sent to the following address:
HoOpingFit s.r.o., Lazovná 60, 97401 Banská Bystrica
The goods should be returned complete, with all the documentation, undamaged and unused, clean, with the original packaging, in the same state and value that it has been received in by the Buyer. If the returned goods are incomplete or damaged, the Seller has the right to lower the returned purchase price by the amount equivalent to the value of the damage to the goods (in accordance with Section 458 Paragraph 1 of the Civil Code).
The money for the returned goods will be returned to the Buyer within the maximum of 14 days of the reception of the withdrawal by the Seller.
Except cases, in which the withdrawal is explicitly agreed to by both parties, the Consumer can not withdraw from the contracts:
a. on provision of services, if their provision started with the agreement of the Buyer more than 14 days before the reception of the provision
b. on reception of goods or services, of which the price depends on the fluctuations of financial market independently of the will of the seller
c. on delivery of goods adjusted according to the wishes of the consumer or for his person, as well as goods subject to rapid deterioration, wear and tear or obsolescence
d. on delivery of audio and video records and computer programs, if the original packaging has been damages by the Consumer
e. on delivery of newspaper, magazines and journals
f. based on games and lottery
If the Buyer decides to withdraw within the specified period, we recommend to speed up the processing of the withdrawal by delivering the goods to the address of the Seller together with an accompanying letter, possibly stating the reason for the withdrawal from the purchase contract (not a condition), stating the number of the purchase receipt and the bank account number, or stating, if the sum will be paid by cash or used for another purchase.
The Buyer acknowledges the fact, that if the goods include gifts, the donation contract between the Buyer and the Seller is concluded with the condition, that if the Buyer uses his right to withdraw from the contract, the donation contract loses its effect and the Buyer is obliged to return all gifts delivered with the returned goods. In the event that these are not returned, these values shall be perceived as unjust enrichment of the Buyer.
In case of fulfilling all the above conditions for the return of the goods, the Buyer shall be entitled to reimbursement of the paid sums of money connected with the returned goods, within the maximum of 14 days of the withdrawal from the contract. If the Buyer does not provide the bank account number, the sum equivalent to the value of the goods is automatically readied to be used for a purchase or to be handed over in cash upon the Buyers presentation of the original credit note, which is sent to the customer without further delays after the withdrawal from the contract.
Withdrawal from the Contract by the Buyer, Who Is also the Entrepreneur
If the Buyer if also an Entrepreneur, he can be offered an alternative withdrawal from the contract based on the condition of the returned goods, the guarantee and the current price of the returned goods. The state of the goods is evaluated by the Buyer. In case the conditions acceptable for both parties are not agreed on, the goods shall be returned at the expense of the Seller. The Seller is entitled to claim from the Buyer any additional costs incurred.
Upon the issue of te credit note, the Buyer may be required to present his ID card for the purposes of protection of the property rights of the Buyer. By presenting his ID, the Buyer expresses his agreement with processing of his personal data in accordance with the section 2. (under the Section 3 of the Act no. 428/2002 Coll., on Personal Data Protection).
10. Final Provisions
These General Terms and Conditions are valid as of 20 August 2014 and they supersede all the previous provisions. The Seller has the right to change these Terms and Conditions without previous notification.
Mgr. Simona Miškovičová
e-mail : firstname.lastname@example.org
phone : +421908469731
Lazovná 60, 97401 Banská Bystrica
Company ID : 48219622
Tax ID : 2120093305
Bank Account Number: 5076094974/0900
Bank Account in the IBAN Formate: SK2709000000005076094974
BIC SWIFT Code of the Bank: GIBASKBX
The Slovak Trade Inspection (SOI)
Inšpektorát SOI pre Banskobystrický kraj
Dolná 46, 974 00 Banská Bystrica 1
Odbor výkonu dozoru
phone: 048/412 49 69
048/415 18 71
fax. no: 048/4124 693