Terms and conditions

Terms and Conditions valid as of: 13 August 2024

I. GENERAL PROVISIONS

These General Terms and Conditions (hereinafter the “Terms and Conditions”) are issued by:

Maxspan s.r.o.
Company ID (IČO): 51649764
Tax ID (DIČ): 2120750511
VAT ID: SK2120750511
Registered office: Prievozská 1307/9, 821 09 Bratislava – Ružinov borough, Slovak Republic
Registered in the Commercial Register of the District Court Bratislava, Section: Sro, File No.: 127882/B

IBAN: SK98 1100 0000 0029 4210 0696

Contact details:
E-mail: info@plantnest.eu
Website: www.plantnest.eu
(hereinafter the “Seller”)

These Terms and Conditions govern the mutual rights and obligations of the Seller and (i) a natural person who concludes a purchase contract outside their business activity as a consumer, (ii) a legal entity that concludes a purchase contract outside its business activity, or a natural/legal person who concludes a purchase contract within the scope of their business activity (hereinafter the “Buyer”) through the web interface located at www.plantnest.eu (hereinafter the “Online Store”). The provisions of these Terms and Conditions form an integral part of the purchase contract. Any other voluntary arrangement in the purchase contract shall take precedence over the provisions of these Terms and Conditions. These Terms and Conditions and the purchase contract are concluded in the Slovak language.

All contractual relationships between the Seller and the Buyer are concluded in accordance with the legal order of the Slovak Republic.

If the consumer is a party to the contract, legal relationships not regulated by the Terms and Conditions of the Online Store shall be governed by Act No. 40/1964 Coll., the Civil Code, Act No. 22/2004 Coll. on Electronic Commerce, Act No. 250/2007 Coll. on Consumer Protection, and Act No. 102/2014 Coll. on Consumer Protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the Seller’s business premises, as amended.

If an entrepreneur is a party to the contract, legal relationships not regulated by the Terms and Conditions of the Online Store shall be governed by Act No. 513/1991 Coll., the Commercial Code, and Act No. 22/2004 Coll. on Electronic Commerce, as amended.

II. INFORMATION ABOUT GOODS AND PRICES

Information about goods, including the price of individual goods and their main characteristics, is provided for each product in the Online Store catalogue. Prices are stated including value added tax (VAT). Prices remain valid for the period during which they are displayed in the Online Store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.

Information about packaging and delivery costs is published in the Online Store. Information about packaging and delivery costs applies only where goods are delivered within the Slovak Republic, the Czech Republic, and other EU countries. Packaging and delivery costs will be charged at the end of the order.

Discounts from the purchase price cannot be combined unless otherwise agreed by the Seller and the Buyer.

III. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

Any costs incurred by the Buyer when using means of distance communication in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer. These costs do not differ from the basic rate charged by the relevant communications service provider.

The Buyer places an order in the following ways:

  • through their customer account, if they have previously registered in the Online Store;
  • by completing the order form without registration.

When placing an order, the Buyer selects the goods, the number of items, the payment method, and the delivery method.

Before submitting the order, the Buyer is enabled to check and modify the data entered. The Buyer submits the order to the Seller by clicking “Order with obligation to pay”. The data stated in the order is considered correct by the Seller. A condition for the validity of the order is completion of all mandatory fields in the order form and the Buyer’s confirmation that they have familiarised themselves with these Terms and Conditions. The current Terms and Conditions are available on the Online Store website.

Immediately after receiving the order, the Seller sends the Buyer an order receipt confirmation to the email address provided. This confirmation is automatic and does not constitute the conclusion of the contract. The purchase contract is concluded upon delivery of the Seller’s confirmation of acceptance of the order to the Buyer’s email address, after verifying product availability, valid prices, and the delivery time requested by the Buyer.

If the Seller cannot meet any requirement stated in the order or identifies a higher price or longer delivery time, the Seller will send the Buyer an amended offer by email. The amended offer is considered a new proposal of the purchase contract, and the purchase contract is concluded when the Buyer confirms acceptance of this offer to the Seller’s email address stated in these Terms and Conditions.

The Seller has the right to cancel an order if, due to sold-out stock or unavailability of goods, it is unable to deliver within the period set by these Terms and Conditions or at the price stated in the Online Store, unless an alternative performance is agreed with the customer.

The Buyer may change or cancel an order until the Buyer receives notice that the Seller has processed the order. The Buyer may cancel the order by email sent to the Seller’s email address stated in these Terms and Conditions.

If an obvious technical error occurs on the Seller’s side when stating the price of goods in the Online Store or during ordering, the Seller is not obliged to deliver the goods at that clearly erroneous price, even if the Buyer received an automatic order receipt confirmation. The Seller will inform the Buyer without undue delay and send an amended offer by email. The amended offer is considered a new proposal, and the purchase contract is concluded upon the Buyer’s acceptance sent to the Seller’s email address.

IV. CUSTOMER ACCOUNT

Based on the Buyer’s registration in the Online Store, the Buyer may access their customer account. Through their customer account, the Buyer may place orders. The Buyer may also place orders without registration.

When registering and ordering, the Buyer must provide correct and truthful information. The Buyer must update the information in their account whenever it changes. The Seller considers the information provided by the Buyer in the account and during ordering to be correct.

Access to the customer account is secured by a username and password. The Buyer must keep confidential the information necessary to access their account. The Seller is not liable for misuse of the customer account by third parties.

The Buyer is not authorised to allow third parties to use the customer account.

The Seller may cancel the user account, in particular if the Buyer does not use the account for a prolonged period or if the Buyer breaches obligations under the purchase contract and these Terms and Conditions.

The Buyer acknowledges that the user account may not be available continuously, especially due to necessary maintenance of the Seller’s hardware and software, or maintenance of third parties’ hardware and software.

V. PAYMENT TERMS AND DELIVERY OF GOODS

The Buyer may pay the purchase price and any packaging and delivery costs under the purchase contract in the following way:

  • by non-cash payment (bank transfer) via the Seller’s payment gateway.

Together with the purchase price, the Buyer is obliged to pay packaging and delivery costs in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes packaging and delivery costs.

When paying via a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.

In the case of non-cash payment, the Buyer’s obligation is fulfilled when the relevant amount is credited to the Seller’s bank account, usually on the next business day after the order is created.

The Seller issues the Buyer an invoice which serves as proof of payment. The invoice is attached to the order acceptance email and is also available through the customer account.

If needed, the Buyer may contact the Seller via info@plantnest.eu and the invoice will be resent to the email address stated in the order.

Goods are delivered to the Buyer:

  • to the address specified by the Buyer in the order
  • via a parcel pick-up point to the pick-up point address chosen by the Buyer

The delivery method is chosen during ordering.

Delivery costs depending on the dispatch and receipt method are stated in the Buyer’s order and in the Seller’s order confirmation. If the transport method is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method.

If the Seller is obliged to deliver goods to the place specified by the Buyer, the Buyer must accept the goods upon delivery. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the Buyer must pay the costs associated with repeated delivery or the different delivery method.

Upon receipt of the goods from the carrier, the Buyer must check the integrity of the packaging and, in case of any defects, notify the carrier without undue delay. If the packaging is damaged indicating unauthorised access to the shipment, the Buyer may refuse to accept the shipment. Upon the Buyer’s request, the carrier must draw up a damage report in the presence of the Buyer. Based on such report delivered to the Seller, the Seller may, after closing the claim with the carrier, remedy the defect, provide a discount, or in case of irreparable defects, deliver replacement goods. Later claims for transport damage must be proven.

The Buyer acquires ownership of the goods by paying the full purchase price including packaging and delivery costs, but no earlier than by taking delivery of the goods. Liability for accidental loss, damage, or destruction passes to the Buyer upon taking delivery of the goods, or at the moment the Seller enables the Buyer to dispose of the goods and the Buyer fails to take delivery.

VI. WITHDRAWAL FROM THE CONTRACT

A Buyer who concludes a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract without giving any reason. Products subject to spoilage, such as plants, are excluded from this right.

The withdrawal period is 30 days:

  • from the date of receipt of the goods
  • from the date of receipt of the last delivery of goods, if the contract concerns several types of goods or delivery of several parts
  • from the date of receipt of the first delivery, if the contract concerns regular repeated delivery of goods

The Buyer cannot withdraw from a contract the subject of which is:

  • provision of a service, if performance began with the consumer’s express consent and the consumer declared they were duly informed that by giving such consent they lose the right of withdrawal after full performance, and the service was fully provided
  • sale of goods or provision of a service whose price depends on movements of financial market prices which the Seller cannot influence and which may occur during the withdrawal period
  • sale of goods made to the consumer’s special requirements, made-to-measure, or designated specifically for one consumer
  • sale of goods subject to rapid deterioration or expiry: plants are live goods subject to rapid deterioration or expiry
  • sale of goods sealed in protective packaging not suitable for return for health protection or hygiene reasons, if the protective packaging was broken after delivery
  • sale of goods which, by their nature, become inseparably mixed with other goods after delivery
  • sale of alcoholic beverages whose price was agreed at the time of concluding the contract, the delivery of which can be made no earlier than after 30 days, and whose price depends on market movements the Seller cannot influence
  • urgent repairs or maintenance expressly requested by the consumer; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary to carry out repairs or maintenance, if concluded during a visit by the Seller to the consumer and the consumer did not order these services or goods in advance
  • sale of audio recordings, video recordings, audio-visual recordings, or computer software sold in protective packaging, if the consumer unsealed the packaging
  • sale of periodicals, except for subscriptions, and sale of books not delivered in protective packaging
  • provision of accommodation services for purposes other than housing, transport of goods, car rental, catering services, or services related to leisure activities, where the Seller undertakes to provide these services at an agreed time or within an agreed period
  • supply of digital content not supplied on a tangible medium, if performance began with the consumer’s express consent and the consumer declared they were duly informed that by giving such consent they lose the right of withdrawal

To meet the withdrawal period, the Buyer must send the withdrawal notice within the withdrawal period. The Buyer may withdraw from the contract for the supply of goods even before the withdrawal period begins. The withdrawal period is observed if the Buyer sends the notice before the expiry of the withdrawal period.

The Buyer shall send the withdrawal notice to the Seller’s email or delivery address stated in these Terms and Conditions. The Seller will confirm receipt without undue delay.

A Buyer who withdraws from the contract must return the goods to the Seller within 14 days of withdrawal. The Buyer bears the costs of returning the goods, including where the goods cannot be returned by ordinary postal means due to their nature.

If the Buyer withdraws from the contract, the Seller will refund without undue delay, no later than 14 days from withdrawal, all payments received including delivery costs, in the same manner. The Seller will refund by another method only if the Buyer agrees and no additional costs arise.

If the Buyer chose a delivery method other than the cheapest one offered by the Seller, the Seller will refund delivery costs only up to the amount corresponding to the cheapest offered delivery method.

If the Buyer withdraws from the purchase contract, the Seller is not obliged to refund the payments before the Buyer hands over the goods or proves that the goods were sent back.

The goods must be returned undamaged, unused, and clean, and if possible in the original packaging. The Seller is entitled to set off any claim for damage to the goods against the Buyer’s claim for refund of the purchase price.

The Seller is entitled to withdraw from the purchase contract due to sold-out stock, unavailability, or when the manufacturer/importer/supplier has discontinued production or import. The Seller will inform the Buyer without undue delay via the email stated in the order and refund within 14 days from notice of withdrawal all payments received including delivery costs, in the same manner, or in the manner designated by the Buyer.

VII. LIABILITY FOR DEFECTS

The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the Seller is liable that at the time the Buyer took delivery, the goods:

  • have the characteristics agreed by the parties, and if no agreement exists, have such characteristics as described by the Seller or manufacturer or as the Buyer could reasonably expect with regard to the nature of the goods;
  • are suitable for the purpose stated by the Seller or for which goods of this kind are normally used;
  • correspond in quality or design to the agreed sample or model, if quality or design was determined by an agreed sample or model;
  • are in the appropriate quantity or weight;
  • comply with legal requirements.

A consumer Buyer is entitled to assert rights from a defect that occurs in consumer goods within 24 months of receipt. This does not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, in the case of used goods to a defect corresponding to the degree of use or wear at the time of receipt, or where this results from the nature of the goods.

In the event of a defect, the consumer Buyer may submit a complaint and request:

If the defect can be remedied:

  • free removal of the defect;
  • replacement of the goods with new goods.

If the defect cannot be remedied:

  • a reasonable discount from the purchase price;
  • replacement of the goods with new goods;
  • withdrawal from the contract.

The consumer Buyer has the right to withdraw from the contract:

  • if the goods have an irreparable defect preventing proper use as goods without defects;
  • if the goods cannot be properly used due to repeated occurrence of a defect or defects after repair;
  • if the goods cannot be properly used due to a larger number of defects.

The Seller is obliged to accept a complaint at any establishment where acceptance is possible, or at the registered office or place of business. The consumer may also submit a complaint to a person designated by the Seller. If a designated person handles the complaint, they may handle it only by handing over repaired goods; otherwise they must forward the complaint to the Seller. The Seller must issue the Buyer written confirmation of when the right was asserted, what the complaint concerns, what handling method the Buyer requests, and confirmation of the date and method of handling, including confirmation of repair and its duration, or written justification of rejection.

If the consumer Buyer submits a complaint, handling the complaint including removal of the defect or refund must not take longer than 30 days from submission. The moment of submission is deemed to be when the Buyer’s declaration of will (assertion of rights from defective performance) reaches the Seller.

The Seller will inform the Buyer in writing of the result of the complaint no later than 30 days from submission.

The Buyer is not entitled to rights arising from defects if the Buyer knew of the defect before taking delivery, or if the Buyer caused the defect themselves.

The rights and obligations of the parties regarding rights arising from defective performance are governed by Sections 499–510, 596–600 and 619–627 of Act No. 40/1964 Coll., the Civil Code, as amended, and Act No. 250/2007 Coll. on Consumer Protection, as amended.

Further rights and obligations related to the Seller’s liability for defects are regulated by the Seller’s complaints procedure.

VIII. DELIVERY OF NOTICES

The parties deliver all written correspondence to each other by email.

The Buyer sends correspondence to the Seller to the email address stated in these Terms and Conditions. The Seller sends correspondence to the Buyer to the email address stated in the customer account or in the order.

IX. OUT-OF-COURT DISPUTE RESOLUTION

A consumer has the right to contact the Seller with a request for remedy if they are not satisfied with how the Seller handled a complaint or believe the Seller violated their rights. The consumer has the right to submit a proposal to initiate alternative (out-of-court) dispute resolution with an alternative dispute resolution entity if the Seller responded negatively or did not respond within 30 days from sending the request. This does not affect the consumer’s right to go to court.

Entities for alternative dispute resolution are authorities and authorised legal persons under Section 3 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes, e.g. the Slovak Trade Inspection, registered office: Bajkalská 21/A, 827 99 Bratislava, Company ID: 17 331 927, which can be contacted at: Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Bajkalská 21/A, 827 99 Bratislava, or electronically at ars@soi.sk. Website: https://www.soi.sk/. The consumer Buyer is entitled to choose the ADR entity. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.

X. SUPERVISORY AUTHORITY

SOI Inspectorate for the Bratislava Region
Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava
Supervision Department
ba@soi.sk
Tel.: 02/58 27 21 72, 02/58 27 21 04
Fax: 02/58 27 21 70

XI. PROTECTION OF THE BUYER’S PERSONAL DATA

The full wording of the information on what personal data we collect and how we process it can be found on the Personal Data Protection page.

XII. FINAL PROVISIONS

All arrangements between the Seller and the Buyer are governed by the laws of the Slovak Republic. If a relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by Slovak law. This does not affect consumers’ rights under generally binding legal regulations.

The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Act No. 250/2007 Coll. on Consumer Protection, as amended.

All rights to the Seller’s website, in particular copyright to the content, including the layout, photos, videos, graphics, trademarks, logo and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part of it without the Seller’s consent.

The Seller is not liable for errors resulting from third-party interference with the Online Store or from its use contrary to its purpose. The Buyer must not use procedures that could negatively affect the operation of the Online Store and must not perform any activity that could enable the Buyer or third parties to unauthorisedly interfere with or unauthorisedly use the software or other components of the Online Store, or to use the Online Store or its parts in a manner contrary to its purpose.

The purchase contract including these Terms and Conditions is archived by the Seller in electronic form and is not publicly accessible.

The Seller may change or supplement these Terms and Conditions. This does not affect rights and obligations arising during the validity of the previous version of the Terms and Conditions.

An annex to these Terms and Conditions is the model withdrawal form.

These Terms and Conditions enter into force on 13 August 2024.

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