Business conditions

I. Basic provisions

These General Terms and Conditions (hereinafter referred to as "T&C") govern the relations between the parties to the purchase contract, when on one side is the company Valsesia, s.r.o., Stromová 463/10, 962 33 Budča Slovak Republic, ID: 36 626 031, Tax ID: 2021822990, VAT number: SK2021822990, registered in the Commercial Register of the District Court of Banská Bystrica, Department:  Sro, insert no. 9202/S as the seller (hereinafter referred to as the "seller" or "Valsesia, s.r.o., or " www.PawsitiveTrainingMarket.com ") and on the other hand is the buyer, who may also be a consumer (hereinafter referred to as the "buyer"). Additional information about the seller is provided on the website www.PawsitiveTrainingMarket.com   in the " Contacts " section. 

When goods are sold remotely through the online store www.PawsitiveTrainingMarket.com, where the company Valsesia, s.r.o., Stromová 463/10, 962 33 Budča Slovak Republic, ID: 36 626 031, VAT ID: 2021822990, VAT ID: SK2021822990, entered in the Commercial Register of the District Court of Banská Bystrica, Section:  Sro, insert no. 9202/S , as the seller (hereinafter referred to as the "seller" or "Valsesia, s.r.o., or "www.PawsitiveTrainingMarket.com") and on the other hand is the buyer, who may also be a consumer (hereinafter referred to as the "buyer"), these GTC will also be used appropriately in this case, with the exception of the following provisions: 

    Art. II, letter g) point xi;

    Art. III, point 10.;

    Art. III, point 11.;

    Art. IN;

    Art. VIII, point. 5.

 

The buyer according to these GTC is a natural person in the position of a consumer or a natural person or legal entity doing business. 

A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity or other business activity. 

Legal relations between the seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act. No. 40/1964 Coll., Civil Code, as well as related regulations. 

Entrepreneurs are understood as: 

• a person registered in the commercial register,
• a person who does business on the basis of a trade license,
• a person who does business on the basis of a license other than a trade license according to special regulations,
• a person who carries out agricultural production and is registered in accordance with a special regulation.

 

For the purposes of the General Terms and Conditions, an entrepreneur is also defined as a person who acts in accordance with the previous sentence within the framework of his business activity. If the Buyer states his identification number (IČO) in the order, he acknowledges that the rules specified in the GTC for entrepreneurs apply to him. 

Legal relations between the seller and the buyer, who is an entrepreneur, not expressly regulated by these GTC or the contract between the seller and the buyer, are governed by the relevant provisions of Act. No. 513/1991 Coll., Commercial Code as amended, as well as related regulations. In case of any differences between the GTC and the individual contract, the text of the contract takes precedence. 

By creating an order, the Buyer confirms that he has familiarized himself with these GTC before concluding the contract, an integral part of which is the Notice before concluding the purchase contract for the Buyer-Consumer contained in Art. II General Terms and Conditions, Complaints Procedure , Personal Data Protection Conditions and the " Transport and Payment " document, and that he agrees with them, in the wording valid and effective at the time the order is created. 

 The buyer is aware that by purchasing products that are in the seller's business offer, he does not have any rights to use registered brands, trade names, company logos or patents of the seller or other contractual partners of the seller, unless otherwise agreed in a specific contract. 

The documents Consumer instruction on the exercise of the right to withdraw from the purchase contract  and the Form for withdrawal from the purchase contract  will be sent to the Buyer as an attachment to the order confirmation to the specified email address. The Buyer receives the invoice containing the basic data of the contract in the form of an e-mail attachment with information about the dispatch of the shipment in electronic form, with which the Buyer agrees. The listed documents in electronic form, most often in pdf format, are sent to the Buyer at the email address that the Buyer specifies when placing the order. If you are interested in sending an invoice in paper form, you can use our contact form. 

 

II. Notice before concluding the contract for the Buyer-Consumer

 

The Seller informs the Buyer that: 

The prices of goods and services are listed on the Seller's website with VAT, including all fees established by law, but the costs of delivering goods or services vary according to the chosen method and transport providers and the method of payment for the order; 

The consumer buyer has the right to withdraw from the contract (unless otherwise stated below), within a period of 14 days, which expires if

• purchase contract from the day of receipt of the goods,
• the contract, the subject of which is several types of goods or the delivery of several parts, from the date of acceptance of the last delivery of goods, or
• the contract, the subject of which is the regular repeated supply of goods, from the date of acceptance of the first supply of goods

    while this withdrawal must be sent to the seller's address, to the seller's e-mail address, or notified in person, demonstrably at the seller's point of sale. The notice of withdrawal is valid and effective if it is made on the seller's form intended for withdrawal from the contract, is legible and contains all the details and information required in the said form.

    The purchasing consumer cannot withdraw from the contract:

        for the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent, he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,

        the sale of goods or the provision of a service, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the withdrawal period,

        sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,

        sale of goods that are subject to rapid deterioration or deterioration,

        sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,

        sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

        the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days later, and their price depends on the movement of prices on the market, which the seller cannot influence,

        performing urgent repairs or maintenance that the consumer has expressly requested from the seller; this does not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order these services or goods in advance,

        the sale of sound recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging,

        the sale of periodicals, with the exception of sales based on a subscription agreement and the sale of books not supplied in protective packaging,

        o provision of accommodation services for purposes other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed deadline,

        o the provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.

        in the event that the subject of the purchase contract is a gift voucher that was taken out by the consumer from the protective packaging (i.e. e.g. from the envelope), in such a case the secret code is published, which is thereby invalidated and used up.

    In case of withdrawal from the contract, the Buyer-consumer bears the costs of returning the goods to the seller, and if he withdraws from the contract concluded at a distance, also the costs of returning the goods, which, due to their nature, cannot be returned via regular mail;

    The buyer has the obligation to pay a proportional part of the price in case of withdrawal from the contract, the subject of which is the provision of services and its performance has already begun;

    the consumer can file a complaint via the contact form, or by email, or can file a complaint with a supervisory or state supervisory authority;

    In case of pre-ordering of goods by the Buyer, the price of such goods is only preliminary. The resulting price of the goods may therefore vary. The seller will inform the Buyer about the price change. The purchase price of the goods will be determined only after the goods have been stored by the Seller. Any difference between the paid preliminary price and the purchase price will be returned to the Seller or paid to the Buyer before the goods are delivered, unless the Buyer decides to cancel the pre-order. For goods that can be pre-ordered, the seller reserves the right to change the delivery date, even repeatedly. In the event of a substantial change in the delivery date (i.e. 14 days), the Buyer has the right to withdraw from the contract. If the circumstances on which the seller was based at the moment the goods were pre-ordered by the Buyer change to such an extent that it will not be possible to reasonably demand that the seller be bound by the pre-order, the seller has the right to cancel the pre-order without further ado and subsequently inform the Buyer about it.

    The contact email address is info@PawsitiveTrainingMarket.com

    The Seller hereby informs the Buyer that it provides free take-back of some electrical equipment, batteries and accumulators under the conditions set out here.

 

III. Contract of sale

 

1. Conclusion of the purchase contract 

An order is created remotely at the moment when the Buyer places the selected goods, services or electronic content in the basket and submits the order. Until the Buyer confirms the order bindingly, he can change both the required content in the basket, as well as the method of transport and the method of payment. The buyer is responsible for the correctness of all data that he entered/selected when creating the order. The purchase contract is concluded by confirmation of the order created by the Buyer on the part of the seller, while the seller is not responsible for any data transmission errors. The seller will immediately confirm the conclusion of the contract to the Buyer by sending an informative email to the email entered by the Buyer. Attached to the confirmation is the current version of the GTC and the Seller's Complaint Procedure . The resulting contract (including the agreed price) can be changed or canceled only based on the agreement of the parties or on the basis of legal reasons, if these GTC do not stipulate otherwise. When concluding the contract, the Seller's employee can assist the buyer in a way other than distance, either directly at the point of sale, or by phone, or as part of an email order from Valsesia, s.r.o. 

The buyer acknowledges that the seller has the right to cancel his order without further notice at any time without compensation. If any gift is provided with the goods that the Buyer does not use, the Buyer is obliged to contact the seller in advance and inform him that he is not interested in the gift. In this case, the goods will be sold to the Buyer without this gift. If this does not happen and the Buyer accepts this gift, the Buyer is obliged to this gift in the event of withdrawal from the contract according to Art. VIII VOP to return. 

The concluded contract is archived by the seller for a period of at least five years from its conclusion, but for the longest period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to non-participating third parties. Information on the individual technical steps leading to the conclusion of the contract can be found in these General Terms and Conditions, where this process is clearly described.

 

2. Delivery of the item of purchase

 

With the purchase contract, the seller undertakes to hand over the goods to the Buyer, provide the digital content/license that is the subject of the purchase, and enable him to acquire the ownership right/license to it, and the Buyer undertakes to take over the item/digital content and pay the seller. 

The seller reserves the right of ownership to the item, and therefore the buyer becomes the owner only after full payment of the purchase price. This rule also applies in the case of purchasing a license or service. 

The Seller will hand over the goods to the Buyer, as well as the documents relating to the goods, and will allow the Buyer to acquire ownership rights to the goods/license in accordance with the contract. 

The Seller fulfills the obligation to hand over the goods to the Buyer if he allows him to handle the goods at the place of fulfillment and notifies him in time. 

If the seller is to send the goods, he will hand over the goods to the buyer entrepreneur by handing them over to the first carrier for transport for the buyer and allow the buyer to exercise the rights from the transport contract against the carrier, the seller will hand over the goods to the buyer - the consumer at the moment when the goods are handed over to him by the carrier. 

If the subject of the purchase is digital content, the subject of the purchase is considered to have been delivered at the moment when the seller delivers an email message to the buyer with a link to its download or when the download link is made available to him in his user profile. The seller warns that the link to download the digital content is only valid for 10 days. The buyer is therefore obliged to download the digital content at this time. 

If the seller delivers a larger amount of items than was agreed upon, the purchase contract is also concluded for the excess amount, unless the buyer has refused it without undue delay. 

The seller will hand over the goods to the buyer in the agreed quantity, quality and design. If it is not agreed how the goods should be packed, the seller will pack the goods according to customs; if there are no customs, then in a manner necessary for the preservation of the goods and their protection. In the same way, the seller procures the goods for transport. 

With regard to the minimization of damages and ensuring trouble-free supply, the seller reserves the right to send the goods only after full payment of the total purchase price. As soon as the buyer pays the total purchase price of the purchased goods, the seller will make the shipment, at the same time he may or may not take into account the buyer's requirements specified in the order.

 

3. Passing of the risk of damage

 

A thing has a defect if it does not have the agreed properties. The performance of another item and defects in the documents necessary for the use of the item are also considered a defect. The Buyer's right from defective performance is based on a defect that the item has when the risk of damage passes to the Buyer, even if it becomes apparent only later. The Buyer's right is also based on a defect that arose later, which the seller caused by breaching his obligation. If possible, the buyer inspects the item as soon as possible after the danger of damage to the item has passed and makes sure of its properties and quantity. The seller is obliged to inform the seller of any detected defects and deficiencies without undue delay. The risk of damage passes to the Buyer upon receipt of the item. The same consequence applies if the Buyer does not accept the item, although the seller has allowed him to dispose of it. Damage to property, incurred after the risk of damage to property has passed to the Buyer, does not affect his obligation to pay the purchase price, unless the seller caused the damage by breaching his obligation. If the Buyer is late in taking over the item, the seller has the right to sell the item in a suitable manner after prior notification to the Buyer, after providing the Buyer with an additional reasonable period for taking over. This also applies if the Buyer is in arrears with the payment, which is conditional upon the delivery of the item. 

 

4. Responsibilities of the seller

 

The Seller is responsible to the Buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that, at the time the buyer took over the item, the item has the properties agreed upon by the parties, and if this agreement is missing, that it has the properties that the seller or manufacturer described, or that the buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them;

    the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used;

    is a thing in a corresponding quantity, measure or weight; a

    the matter complies with the requirements of the legislation.

    if a defect becomes apparent within six months of receipt, it is considered that the item was defective upon receipt.

    The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt, unless otherwise stated, but this does not apply to: 

    an item sold at a lower price due to a defect for which a lower price was negotiated;

    for the wear and tear of the thing caused by its usual use;

    in the case of a used item, for a defect corresponding to the degree of use or wear and tear the item had when the Buyer took it over; or

    if it follows from the nature of the matter.

    in the case of consumer goods, the Buyer is entitled to exercise the right against a defect within twenty-four (24) months, but if the goods do not have a use-by date, in which case the period is reduced only to the date indicated on the goods' packaging. The consumer acknowledges the fact that if a gift is also provided together with the goods, it is possible to exercise the right against defects within 24 months only for the goods sold, but not for a gift provided together with the goods. In the case of these gifts, the consumer may exercise rights due to defective performance only within 14 days from the day of receipt of the goods. The entrepreneur is not entitled to exercise rights from defective performance in the case of a gift. Individual deadlines are regulated in more detail in the Complaints Procedure. For the Buyer entrepreneur, the deadline for exercising rights from defective performance may be adjusted differently, if this is explicitly stated for the given type of goods, the deadline thus stated takes precedence. In that case, the goods are marked as follows. The Buyer does not have the right from defective performance, if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect himself. If the item has a defect, the seller is bound by it, and if it is an item sold at a lower price or a used item, the Buyer has the right to an appropriate discount instead of the right to exchange the item.

 

5. Material breach of contract

 

If the defect occurs within the specified period and if the defective performance is a material breach of the contract, the buyer has the right to: 

    to eliminate the defect by delivering a new item without a defect or by supplying a missing item, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the Buyer may only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without unnecessary delay, the Buyer has the right to remove the defect free of charge;

    to eliminate the defect by repairing the item,

    for a reasonable discount from the purchase price, or

    withdraw from the contract.

 The buyer shall notify the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The Buyer cannot change the choice made without the Seller's consent; this does not apply if the Buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time or if he informs the Buyer that he will not remove the defects, the Buyer may demand an appropriate discount from the purchase price instead of removing the defect, or may withdraw from the contract. 

If the Buyer does not choose his right in time, he has the same rights as in the case of an insignificant breach of contract - see below. The buyer-consumer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, exchange a part of it or repair the item, as well as if the seller does not make repairs in a reasonable time, or if ensuring the repair would cause significant difficulties for the consumer .

 

6. Minor breach of contract

 If defective performance is a minor breach of contract, the Buyer has the right to eliminate the defect or to receive an appropriate discount from the purchase price. If the Buyer does not exercise the right to a discount from the purchase price or withdraw from the contract, the seller can deliver what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or delivering a new item. If the seller does not remove the item's defect in time or refuses to remove the item's defect, the Buyer may request a discount from the purchase price or withdraw from the contract. The Buyer cannot change the choice made without the Seller's consent.

 

7. Breach of contract in general 

The Buyer has the right to deliver a new item or replace a part even in the case of a removable defect, if he cannot properly use the item due to the repeated occurrence of the defect after repair (third complaint of the same defect) or due to a larger number of defects (at least 3 defects at the same time). In such a case, the Buyer - consumer also has the right to withdraw from the contract. Upon delivery of a new item, the Buyer returns the originally delivered item (including all supplied accessories) to the Seller at his expense. If the Buyer did not report the defect without unnecessary delay after he could have discovered it during a timely inspection and due diligence, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the Buyer could have discovered it with sufficient care, but no later than two years after handing over the item.

 

8. Quality guarantee 

With a quality guarantee, the seller undertakes that the item will be suitable for normal use for a certain period of time or that it will retain its normal properties. The indication of the warranty period or the period of use of the item on the packaging or in advertising also has these effects. A guarantee can also be provided for an individual part of the item. The warranty period runs from the handover of the item to the Buyer; if the item has been sent according to the contract, it starts from the delivery of the item to the destination. If the purchased item is to be put into operation by someone other than the seller, the warranty period starts from the day the item is put into operation, if the Buyer ordered the putting into operation from the seller together with the item or at the latest within three weeks of taking over the item and properly and timely provided for the performance of the service necessary cooperation. The Buyer has no right from the warranty, if the defect was caused by an external event after the risk of damage to things passed to the Buyer.

 

9. Use of electronic content, software, etc. 

When using all electronic content purchased from the seller, the buyer is obliged to comply with the obligations established by these GTC (for the purposes of the GTC, it is understood to include software, video instructions, video seminars, software programs, etc.) and legal regulations governing copyright works and the specific license conditions of the given product (e.g. EULA). If the buyer violates the obligations set out in this way, then he is obliged to pay any damages, while such actions may also have criminal consequences. The buyer is entitled to use all electronic works exclusively for his personal use, unless otherwise stated in the license conditions, and the purpose of this use is not to achieve direct or indirect economic or commercial benefit. The buyer is also not entitled to copy the purchased electronic content, nor to reproduce it in any other way, to make descriptions, clippings from it, or to deal with it in any other way in violation of copyright, other legal regulations or the license conditions of the given product. Access to the electronic content may be prohibited or the license may be deactivated if the electronic content was obtained as a result of illegal activity. This provision of the GTC also applies to electronic content that the seller provided to the buyer as a gift.

 

10. Subsequent sale of the purchased item 

If the Buyer sells, donates or otherwise transfers the item purchased from the seller to another person, he is obliged to inform the seller about this. If the Buyer does not inform the Seller about this, the Seller still considers this Buyer to be the owner of the item in question and the person to whom the rights from defective performance belong.

  

11. Special pre-order rules 

In case of pre-ordering of goods by the Buyer, the price of such goods is only provisional. The resulting price of the goods may vary. The seller will inform the Buyer about the price change. The purchase price of the goods will be determined only after the seller has stocked the goods. Any difference between the paid estimated price and the purchase price will be returned by the seller or paid by the Buyer before the delivery of the goods, unless the Buyer decides to cancel the pre-order. The seller reserves the right to change the delivery date for goods that can be pre-ordered. In the event of a substantial change in the delivery date (ie 14 days), the Buyer has the right to withdraw from the purchase contract. If the circumstances on which the seller was based at the moment of pre-ordering the goods by the Buyer have changed to such an extent that it will not be possible to reasonably demand that the seller be bound by the pre-order, the seller has the right to cancel the pre-order and at the same time inform the Buyer about it.

Information security and protection

 Regarding the protection and processing of the buyer's personal data by the seller, these personal data protection conditions apply.

 

 IV.  Operating time 

Online orders - 24 hours a day / 7 days a week

 Opening Hours:

Delivery point (Stromová 463/10, 962 33 Budča) - Mon - Fri: 9:00 a.m. - 5:00 p.m.

 In the event of an information system failure or force majeure, the seller is not responsible for non-compliance with the operating hours of the e-shop. 

The point of sale is closed on public holidays.

  

V. Prices

 

All prices are contractual. The online e-shop always has up-to-date and valid prices. The prices are final, i.e. including VAT, or all other taxes and fees that the consumer must pay in order to obtain the goods, this does not apply to possible fees for transport, customs or other fees levied on the buyer by customs and tax and other authorities in the country of delivery and costs that are stated only within the so-called of the shopping basket and their amount depends on the choice of the Buyer. 

The prices indicated for individual products are final, ie including VAT, or all other taxes and fees that the Buyer must pay in order to obtain the goods, but this does not apply to possible fees for transport, cash on delivery and costs for long-distance means of communication, which are only mentioned in the so-called of the shopping cart and their amount depends on the choice of the Buyer. 

The buyer acknowledges that there may be cases when the contract between the seller and the buyer is not concluded, especially when the buyer orders the goods at a price published by mistake due to an error in the seller's internal information system or the error of the seller's staff. In such a case, the Seller is entitled to withdraw from the purchase contract, even after the Buyer has received an e-mail confirming his order, of which the Seller informs the Buyer. Examples of when an erroneously published price may occur are mainly, but not exclusively, the following cases: 

•     the price of the goods is incorrect at first glance (e.g. it does not take into account the purchase price or the usual price of the goods);
•     the price of the goods is missing or has one or more extra digits;
•   the discount on the goods exceeds more than 10%, without the goods being part of a special marketing campaign or sale marked with a special symbol and advertising the corresponding amount of the discount.

 

If the seller, on the basis of specific conditions, has purchased used goods from a non-VAT payer and offers them in the category Used, New or unpacked, the price of the goods is calculated without VAT in accordance with the provisions of § 66 of Act no. 222/2004 Coll. on value added tax. The buyer acknowledges that this fact can only be taken into account in the invoice for the order in question. Promotional prices are valid until the seller's stock is sold out or, when specifying the number of pieces of promotional goods, until the set number of promotional goods is sold out or until the end of the promotion, whichever occurs first. 

The original price (on the website it is usually displayed as crossed out as part of the information about the discount) means the lowest price in the last 30 days before the discount, for which the goods/service/license in question (hereinafter referred to as "Goods") was offered by the seller in his e-shop. The calculation of the original price does not take into account individual price discounts and price discounts that are not included directly in the current selling price of the given Goods (that is, they are not provided automatically and across the board like e.g. discount codes). The original price calculated in this way remains valid even if the Goods are discounted several times in a shorter period of time, but for a maximum period of 90 days. 

The seller reserves the right to declare the purchase contract invalid if there has been misuse of personal data, misuse of a payment card, etc., or due to the intervention of an administrative or judicial authority. The Buyer will be informed about such a procedure. 

Furthermore, the seller reserves the right to declare the purchase contract invalid if there is an unauthorized use of a discount or similar voucher in violation of its terms. As a rule, these are cases when: 

•     the discount voucher is used for other goods for which it was intended;
•   the discount voucher is used in conjunction with another discount, despite the fact that the addition of these discounts was not expressly prohibited;
•     the discount voucher is used for a purchase that does not reach the minimum specified price;
•     the seller discovers that the discount voucher has already been used.

 

The buyer acknowledges that in the above cases the purchase contract cannot be validly entered into, and at the same time the buyer acknowledges that the seller is entitled to demand unjust enrichment in addition to other reasons. 

The seller can offer selected products to business buyers at discounted prices. After the Buyer-Entrepreneur logs into his user account, he will be shown the discounted prices. Selected products for which the seller provides a discounted price are specially marked in the offer on the e-shop. 

 

VI. Ordering

 

You can order in the following ways: 

• through the seller's electronic store (hereinafter referred to as "e-shop");
• by email at info@ PawsitiveTrainingMarket.com

 

All telephone consultations and inquiries can be carried out through the Seller's call center during the operating hours of the delivery point. 

The Seller recommends the Buyer to place orders via the e-shop through the Buyer's registered profile at https://PawsitiveTrainingMarket.com/ . In the case of public access to the Internet, the Buyer is further advised to log out of his profile after placing the order. 

The buyer will be informed about the expected delivery time of the ordered goods via e-mail. The length of delivery of the ordered goods and the shipping price depends on the shipping method that the Buyer chooses in the second step of the order in his basket. The Buyer acknowledges that the estimated delivery time may change depending on the logistics options of the Seller and/or its carriers, about which the Seller may or may not inform the Buyer.

 

VII. Withdrawal from the contract

 

1. Withdrawal from the contract by the buyer who is a consumer

 

The consumer has the right to withdraw from the contract within 14 days. The period according to the first sentence runs from the date of conclusion of the contract if it concerns: 

• purchase contract, from the day of receipt of the goods;
• the contract, the subject of which is several types of goods or the delivery of several parts, from the date of acceptance of the last delivery of goods; or
• the contract, the subject of which is the regular repeated supply of goods, from the date of acceptance of the first supply of goods.

 

The Seller allows the consumer to withdraw through the completed and sent sample form for withdrawing from the contract on the website here , and to the consumer so that the Seller confirms its acceptance in text form without undue delay. 

Send the withdrawal and the goods to the address: 

Valsesia, sro, Stromová 463/10, 962 33 Budča Slovak Republic

 

The stated address of the company Valsesia, s.r.o. is used to ensure the process of exercising the consumer's right to withdraw from the purchase contract as well as for easy access to the consumer complaint process (receipt and issue of goods for the purpose of processing a complaint). 

The goods should be returned by the buyer to the consumer no later than 14 days from the date of withdrawal from the contract complete, with complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which the goods were received. 

In the case of consumer goods, it is possible to withdraw from the contract only if the buyer delivers the goods undamaged and unused in intact original packaging. If the Buyer decides to withdraw within the specified period, we recommend that the goods be delivered to the seller's address together with the attached cover letter with the possible reason for withdrawing from the purchase contract (it is not a condition), with the tax document number and the Buyer's bank account number, in order to speed up the processing of the withdrawal. 

The buyer consumer is responsible to the seller only for the decrease in the value of the goods, which occurred as a result of handling the goods differently than it is necessary to handle them with regard to their nature and characteristics. 

In case of payment of the credit note in cash, the seller may require the presentation of an identification card (ID card or passport), in order to prevent damages and prevent the legalization of income from criminal activity. Without presenting any of these documents, the seller can refuse to pay out the funds. If the Buyer-consumer withdraws from the contract, the seller will return to him without undue delay, no later than 14 days from the withdrawal from the contract, all funds received from him on the basis of the contract, in the same way. If the seller is entitled to compensation for the decrease in the value of the goods, this will be included in the Buyer's claim for the refund of the purchase price. 

If the Buyer-consumer withdraws from the contract, the seller is not obliged to return the received funds to the consumer before the Buyer-consumer hands over the goods to him. The consumer buyer is obliged to return the goods to the seller without undue delay after withdrawing from the contract, but within 14 days at the latest. 

The buyer acknowledges the fact that if gifts are provided with the goods, the gift contract is concluded between the seller and the buyer with the condition that if the right to withdraw from the purchase contract is exercised within 14 days, the gift contract loses its effectiveness and the consumer is obliged together with with the returned goods, return the related gifts, including everything with which he was enriched. In the event that these gifts are not returned, these values ​​will be understood as unjustified enrichment of the Buyer-Consumer. If the issue of the subject of unjust enrichment is not possible, the seller has the right to monetary compensation in the amount of the usual price. In case of withdrawal from the gift contract, the purchase contract does not expire and the contracts are considered separately from this point of view. 

The consumer acknowledges that if he withdraws from the contract, he will bear the costs of returning the goods to the seller, and if he withdraws from the contract concluded at a distance, also the costs of returning the goods, which, due to their nature, cannot be returned via post or courier ) of the company.

 

2. Withdrawal from the contract by entrepreneurs and in other cases 

The buyer entrepreneur may be allowed by the seller to withdraw from the purchase contract within 14 days. If the value of the purchased goods is higher than EUR 1860 including VAT, such withdrawal from the contract is not possible at all. 

If the Buyer entrepreneur is allowed to withdraw from the purchase contract, then he acknowledges that the returned purchase price may be reduced by the amount by which the value of the goods has been reduced. 

If the Buyer entrepreneur is allowed to withdraw from the purchase contract within 14 days and the return of the goods is not in the original packaging, including all its parts and accessories, the Buyer acknowledges that the seller reserves the right to charge for such return, with an amount that compensates the seller costs that must be incurred to re-introduce the goods for sale. 

Compensation for the reduction in the value of the goods or compensation for the costs of re-introducing the goods for sale will be included in the returned purchase price to the Buyer entrepreneur. The purchasing entrepreneur cannot withdraw from the contract due to the occurrence of a defect, or demand the delivery of a new item if he cannot return the item in the condition in which he received it. that doesn't apply 

    if there was a change in condition as a result of the inspection for the purpose of detecting a defect in the item;

    if the Buyer used the item before the defect was discovered;

    if the Buyer caused the impossibility of returning the item in an unchanged state by his actions or omissions, or

    if the Buyer sold the thing before the discovery of the defect, if he used it, or if he changed the thing during normal use, if this happened only partially and the Buyer allows the Buyer entrepreneur to withdraw from the contract, the Buyer will return to the Seller what he can still return, and will give compensation in the amount, how he benefited from the use of the thing.

    if the Buyer entrepreneur has not notified the defect of the item in time, he loses the right to withdraw from the contract.

 

In order to protect the buyer's rights, if the buyer is a legal entity and the seller is Valsesia, s.r.o., and this buyer is not entitled to request a refund through the payment of a credit note directly at the point of sale of Valsesia, s.r.o. 

 

3. Withdrawal from the contract by the seller in the event of an error in the price of the goods 

Apart from the cases established by law, the seller is entitled to withdraw from the contract in the event of an obvious error in the price of the goods. It is possible to withdraw from the contract according to this point within 14 days from the day following the day of the conclusion of the purchase contract between the Buyer and the seller, so that the seller cancels the order to the Buyer or notifies him in another way that he is withdrawing from the contract. 

If the Buyer has paid at least part of the purchase price of the goods, we will transfer this amount back to his bank account no later than 14 days from the day following the day of withdrawal from the contract by the seller.

 

VIII. Terms of payment

 

The seller accepts the following payment methods: All offered payment methods, their current conditions and prices can be found HERE : 

The goods remain in the seller's possession until full payment of the purchase price, but the risk of damage to the goods passes when the goods are taken over by the buyer. The Seller reserves the right to offer the Buyer only selected payment methods at its own discretion. 

According to Act 289/2008 Coll. on the use of electronic cash registers, in case of payment in cash, the Seller is obliged to issue a cashier's receipt to the Buyer and at the same time is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 96 hours at the latest. 

The buyer's billing information cannot be changed after the order has been sent. 

 

Refund 

In the event that the Buyer withdraws from the concluded contract with the Seller or if funds are returned to the Buyer for another reason, the Seller shall return to the Buyer the funds received from him on the basis of the contract in the same manner. The buyer is responsible for the correctness of the data for the return of funds, which he provides to the seller in the event that it is not possible to return the funds in the same way as the payment for the order was made (e.g. the customer paid in cash at the store or to the courier, or the expiration date occurred of the customer's payment card and the seller does not have other payment data of the Buyer available), or in the case when the seller, based on its own discretion, complies with the Buyer's request to change the method of refund.

 

IX. Terms of Delivery

 

1. Methods of delivery

 

The seller ensures or mediates various methods of delivery/transport according to the current availability of individual services and with regard to capacity and access. In case of force majeure or failure of the information system, the seller is not responsible for delayed delivery of goods. All the offered modes of transport, their current conditions and prices can be found HERE . 

2. Other conditions 

In the case of picking up an order that has been paid in advance via the Internet, the Buyer must prove himself with some transporters with an identification PIN code, which the transporter will send to the telephone number or e-mail indicated by the Buyer in the order. The buyer is obliged to ensure that this identification PIN code is not made available to another person and that it is not misused in any other way. 

In the case of picking up an order that has been paid for in advance via the Internet, the seller or its contractual partner may require the presentation of an identification card (OP or passport), in order to prevent damages and prevent the legalization of proceeds from criminal activity. Without submitting some of these documents, the seller or its contractual partner may refuse to issue the goods. This authorization results from sec. § 415 of the Civil Code, which stipulates the obligation of prevention and prudence. 

The usual availability of goods with the date of their dispatch is indicated for each item on the website of the electronic store. There is no minimum order value. Personal collection is possible for orders over EUR 58. 

If the seller and the buyer have not agreed otherwise in the purchase contract, the seller is obliged to deliver the item to the buyer without delay, no later than 30 days from the date of conclusion of the purchase contract. If the seller has not fulfilled his obligation to deliver the thing within the period according to the first sentence, the buyer will ask him to deliver the thing within the additional reasonable period provided by him. If the seller does not deliver the item even within this additional reasonable period, the buyer is entitled to withdraw from the contract. 

The seller is entitled to invite the buyer to take over the goods even before the expiry of the deadline for the delivery of the goods agreed in the purchase contract. 

The color display of the goods on the monitor may not exactly correspond to the real color shades as the buyer will perceive them in reality. The display of color shades depends, among other things, on the quality of the monitor used, or other device you use. The data about the goods contained in the catalogs, prospectuses and other documents of the seller located on the website of the electronic store of the seller are provided by the manufacturer or the importer. 

The buyer is obliged to take over the goods at the place that is the seller or his representative, authorized to deliver the goods and the buyer agreed in the purchase contract or in another way at the time before the delivery of the goods (hereinafter referred to as the "Place"). The buyer is obliged to take over the goods within the time period agreed by the seller or his representative, authorized to deliver the goods and the buyer in the purchase contract or in another way announced at the time before the delivery of the goods (hereinafter referred to as the "Time Range"). 

In the event that the seller delivers the goods to the buyer at the Place and in the Time frame, the buyer is obliged to take over the goods personally or to ensure that the goods are taken over by a person whom he authorizes in case of his absence to take over the goods and to sign the protocol on the delivery and handover of the goods. The third party authorized to take over the goods is obliged to submit a copy of the order acceptance to the seller. The seller, or his representative, authorized to deliver the goods is entitled to request an identity document from the person who takes over the goods for inspection. The goods are considered delivered and accepted at the moment of delivery of the goods to the buyer. Delivery of the goods to the buyer means the delivery of the goods to the Location, their acceptance by the buyer or a third party authorized by the buyer.

If the delivery of the goods is impossible, e.g. due to the addressee's absence at the Place and in the Time Range without prior written withdrawal from the purchase contract, the seller is entitled to compensation for the incurred damage in the amount of the actual costs of the attempted unsuccessful delivery of the goods to the Place and the right to a contractual fine in the amount of EUR 100. In the event that the customer does not take over the ordered goods outside of the situation of damage to the goods during delivery (the shipment is returned as undelivered through no fault of the operator, e.g. if the contractual carrier did not find the addressee, the customer inadvertently or intentionally did not take over the shipment, etc.), the operator can demand compensation for the damage caused breach of duty. The customer who did not receive the order will be sent a message by e-mail with a request for information on what to do next with his order. The customer has 7 days from the date of sending the message to respond to this request. If the customer requests resending of the returned shipment, the operator will add a second handling fee and postage according to the valid price list to the total price of the shipment. Re-shipment of such a returned shipment is possible only on the basis of payment in advance. 

The purchase contract is concluded with a severance clause, with the stipulation that if the buyer does not pay the seller the agreed purchase price within 5 days of concluding the purchase contract, the contract is canceled from the beginning, the contracting parties return or replace all received payments and the seller acquires the right to freely dispose of the ordered goods . 

The buyer is entitled to check the shipment, i.e. the goods as well as their packaging, immediately after delivery in the presence of the seller's representative. In the event of the existence of a defect in the goods and/or in the event that the shipment is not complete (a lower number of goods, or the ordered goods are missing), the seller's representative is obliged to allow the buyer to make a record of the extent and nature of the defect in the goods, the correctness of which will be confirmed by the seller's representative. On the basis of the record thus prepared and delivered to the seller, the buyer can subsequently refuse to accept the delivered goods with a defect or confirm the delivery of the goods with a defect, and subsequently in accordance with Art. 8 of these terms and conditions of business and claims, to apply for a claim for product defects with the seller or a designated person. In the event that the buyer refuses to take delivery of the delivered goods with a defect, the seller shall bear all costs incurred for returning the goods to the seller. 

The buyer is entitled to withdraw from the purchase contract if the seller does not deliver the goods within the period specified in these terms and conditions, and the seller is obliged to return the already paid part of the purchase price to the buyer within 14 days of delivery of the withdrawal from the purchase contract by cashless transfer to the buyer's bank account specified by the buyer. 

The seller is not responsible for delayed delivery of goods caused by the provision of incomplete or incorrect data by the customer. The customer is obliged to thoroughly check the shipment when receiving it from the delivery person and to confirm its receipt with his signature. If the shipment is visibly damaged or destroyed, the customer is obliged to immediately contact the operator without accepting the shipment. Complaints for possible non-delivery of goods due to the fault of the delivery person or damage to the goods caused by the delivery person must be made directly to the delivery person or the operator in such cases. If the shipment is not complete, or if it is an obvious defect that the buyer could have detected by inspecting the shipment upon delivery of the goods and which he did not immediately notify the seller's representative in accordance with the valid complaint and business conditions, later complaints of this type will only be accepted if the buyer proves that the goods already had the claimed defects at the time of his acceptance by the buyer.

 

The buyer undertakes to ensure: 

If the buyer is a legal entity, the delivery of the goods will be allowed only to the statutory body of the given legal entity or to a person who presents a verified power of attorney and proves it with an identity card. Goods purchased by the Buyer as a natural person doing business - will be handed over only after presenting a valid identification card (ID or passport). 

The buyer is obliged to check the condition of the shipment (number of packages, integrity of the tape, damage to the box) with the carrier immediately upon receiving the goods. The buyer is entitled to refuse to accept a shipment that is not in accordance with the purchase contract by the fact that the shipment is e.g. incomplete or damaged. If the buyer takes over the damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover report. An incomplete or damaged shipment must be reported immediately by e-mail to the address info@ PawsitiveTrainingMarket.com , a damage report must be drawn up with the carrier and sent to the seller by e-mail, fax or post without undue delay. Additional complaints of incompleteness or external damage to the shipment do not deprive the buyer of the right to complain about the item, but they give the seller the opportunity to demonstrate that this is not a violation of the purchase contract.

 

X. Warranty conditions 

The warranty conditions for the goods are governed by the Seller's Complaints Procedure and the valid legal regulations of the Slovak Republic. The purchase receipt serves as a warranty certificate (see details in the Complaints Procedure). 

 

XI. Final provisions 

Relationships and potential disputes that arise on the basis of the contract will be resolved exclusively according to the law of the Slovak Republic and will be resolved by the competent courts of the Slovak Republic. The UN Convention on Contracts for the International Sale of Goods (CISG) in accordance with Art. 6 of this convention shall not apply. 

Possible disputes between the seller and the buyer can also be resolved out of court. In such a case, the buyer-consumer can contact the subject of out-of-court dispute resolution, which is, for example, the Slovak Trade Inspection or resolve the dispute through the designated ODR platform . The seller recommends that the buyer first use the contact with the seller to resolve the situation before proceeding to an out-of-court settlement of the dispute. 

The seller's contact e-mail address is info@PawsitiveTrainingMarket.com . The contract is concluded in the Slovak language. If a translation of the text of the contract is required by the Buyer, it applies that in the event of a dispute about the interpretation of terms, the interpretation of the contract in the Slovak language applies. 

These General Terms and Conditions, including its parts, are valid and effective from 16.10.2022 and cancel the previous version of the GTC, including its parts, while they are available at the Seller's headquarters and electronically at www.awsitiveTrainingMarket.com. The seller reserves the right to unilaterally change the GTC without prior notice. 

 

 

 

In Budča 16.10.2022