Global Terms and Conditions
- General Terms
- These Global Terms and Conditions of Sale („Terms“) are applicable between the parties of Agreement/ Contract - between Hana&Hana company established at I. Svätopluková 12, Bratislava 821 008, Business ID: 52070832, registered in Comercial Register of the District Court Bratislava (Hereinafter also as the „Seller“) and the „Buyer“.
- Buyer is a subject who has signed a Contract with the Seller or who has purchased goods from the Seller within its sales network or through online shop - Seller´s website www.hanahana-factory.com and who has the right assert liability for defects in the products (Hereinafter also as the „Buyer“)
- In case that the Buyer is an individual who does not act within the scope of his business or profession when concluding this contract, he is considered as a Consumer (hereinafter also as the „Consumer“). Legal relatios between the Seller and the Consumer that are not explicitly regulated by these GTC are governed by the relevant provisions of Act no. 40/1964 Coll., The Civil Code, as well as related regulations, in particular Act no. 250/2007 Coll. on Consumer Protectio (hereinafter also reffered to as the „Consumer Protection Act“) and Act no. 102/ 2014 Coll. on the protection of consumers in respect of the sale of goods or the provision of services under a distance or off – premises contract (the Act).
- Entrepreneur means a person registered in the Commercial Register, a person who leads business based on trade license, a person who conducts business on the basis of a non – trade license under special regulations, a person who carries out agricultural production and is registered under a special regulation. For the purpouse of the GTC, an entrepreneur is also understood to be a person who acts in accordance with the previous sentence within the scope of his business activity. If the Buyer states his identification number (Business ID) in the order, then he acknowledges that the rules stated in the GTC for entrepreneurs apply to him. Legal relations between the Seller and the Buyer, which 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.
- Further information about the Seller you can find on the website www.hanahana-factory.com in section „About us“.
- The Buyer by sending the order confirms that he agress with these GTC. The Complaints Procedure form is an inseparable part of these Terms and Conditions.
- Information security and protection
- The Buyer provides the following information when purchaising: Name and Surname, Business Name, Permanent Residence/ Registered Office. In case of the Consumer also Bussines ID, Tax ID, VAT number, e-mail address and telefone number. The data is necessary for the identification of the Buyer and for further communication in order to goods delivery.
- The conditions for the processing of personal data and specification of concrete personal data, with whose processing the Buyer hereby consents, are contained in the document „Security and Protection of personal data“.
- As a part of the Complaint Procedure, the following information is required from customers: Name, Surname, Address, Telephone number, E-mail and Signature (Signature is required only for personal complaints). All personal data obtained in this way are processed exclusively for the purpouse necessary to handle the complaint and in accordance with Act no. 18/ 2018 Coll. on the protection of personal data, as amended and effective. The buyer has the right to access and correct their personal data, including the right to request and explanation and removal of the erroneous condition and other legal rights to this data
- Conclusion of the purchase contract
- The Purchase Contract can be concluded by written or by electronic way (by email). Writing contract is possible in case of the Buyer's personal presence directly at one of the Seller's stores. The Contract will be concluded after the agreement of all the conditions - the subject of the purchase, the price and the method of payment of the purchase price.
- The contract concluded by electronic way (by e-mail) - the distance contract - is based on the Buyer's electronic order (by sending the order, the Buyer sends a proposal for the conclusion of the Purchase Contract), which is confirmed by the Seller (proposal acceptance).
- The Purchase Contract is created by sending the order to the Buyer and by the acceptance of his order by the Seller. The Seller will immediately confirm this acceptance to the Buyer by en informative e-mail to the specified e-mail address. By the Purchase Contract, the Seller commits the Buyer to submit the product. The Seller reserves the ownership to the goods to a Buyer who becomes its owner only after full payment of the purchase price. The Seller fulfill the obligation to hand over the thing to the Buyer if it allows him to dispose of the thing at the place of performance and notifies him in time. If the Seller is sending the goods, he hands them to the Buyer – to the entrepreneur by handing the first transport. The Seller will hand over the object of purchase to the Buyer in the agreed quantity, quality and design. If it is not agreed how the item should be packed, the Seller will pack the item according to the custom; if they are not customs, then in the way necessary to preserve the thing and protect it. In the same way, the seller procures the item for transport
- Prices and payment Terms
- The Buyer will receive the goods at the price that is valid at the time of ordering. The purchasing consumer has the opportunity to get acquainted with the total price, including VAT and all other fees (PHE, etc.) before placing the order. This price will be stated in the order and in the message confirming the receipt of the order of goods. The buyer consumer has the opportunity to become acquainted with the fact, as long as the offer or price remains valid, before placing the order.
- The seller accepts the following payment terms:
- paymant in cash upon receipt of the good at the Seller´s or collection point
- payment in advance by a Bank transfer
- online payment
- payment by credit or debet card
- The goods remain to the property of the Seller until the Seller does not accept the full payment. The risk of damage of the goods passes through the acceptance to the Buyer. Buyer´s billing information cannot be changed retroactively after the order has been sent.
- Terms of delivery
The conditions for the delivery of goods within the contractually agreeement´s deadlines are:
- order verification
- free stocks of ordered goods in quantities according to the electronic order
- ordering goods from a supplier who is not in stock and delivering them according to the information on www.hanahana-factory.com online shop
- transferring the agreed method of payment to the Seller's account
Possible ways of goods delivery:
- Delivery of goods to the address with cash on delivery. The goods are sent by the carrier on delivery. The carrier delivers shipments on working days, usually within 48 hours of dispatch of the goods.
- Delivery of goods to the address without cash on delivery. The goods are delivered under the same conditions as cash on delivery, with the Buyer agreeing with the Seller on an individual method of payment. The Buyer is obliged to take over the goods from a third party (logistics partner of the Seller), who will deliver the goods through the carrier. The Seller, as the debtor, agrees to this way of fulfilling the obligation to deliver the ordered goods.
- Other way of delivery according to the agreement with the Seller.
In case that the weight of one or more pieces of goods from the order exceeds 10 kilograms, it is possible only a personal pick – up of the goods at the Seller's address.
Place of sell
The Seller's obligation to deliver the ordered goods is fulfilled by handing it over to the Buyer at the agreed place of performance or at the time of handing over for transport to the carrier (transport service) to the destination. The risk of all damage to the goods (accidental destruction or accidental deterioration) at this moment passes to the Buyer.
Costs of delivery of goods, transport
The Seller with charge to the price of the good also a price of the transport. The transport amount is specified in the order. The Seller does not charge for transport of the products if the Buyer buying it at the Seller's collection point. Along with the goods, there is also delivered a tax document (invoice) and instructions for use of the products to the Buyer. All listed prices of the goods include 20% VAT.
- Withdrawal from the Contract
- Withdrawal from the Contract by a Buyer who is a Consumer
Buyer has a right to resign from the Contract without giving a reason according to the Section 7 of Act 102/2014 Coll. He has a right to resign the contract within 14 days from the conclusion of the contract for the provision of services and it is necessary to send a letter of withrawal to the Seller within the specified period. The Buyer has a right even if he has picked up the goods ordered via the Internet in person at the Seller´s collection point.
If the Consumer wants to apply this right, he is obliged to deliver a written Withrawal from the Purchase contract no later than on the last day of the specified period to the contact address of the Seller. After notifying the Withdrawal from the Contract, the Consumer is obliged to deliver the intact subject of the Contract From which he withdraws, together with all documentation - e.g. the original invoice, instructions and other documentation for the goods, which was delivered to him together with the goods, but no later than within 14 days from the date of withdrawal (§10 paragraph 1 of Act 102/2014 Coll.). The cost of returning the goods is borne by the Consumer. The money for the returned goods will be returned to the Buyer Consumer no later than 14 days from the delivery of the notice of withdrawal from the purchase contract.
- Withdrawal from the contract by the Buyer who is an entrepreneur
In case that the the Buyer is an entrepreneur, the Buyer may be offered a replacement withdrawal from the purchase contract depending on the condition of the returned goods, the lost warranty and the current price of the returned goods. The condition of the goods is evaluated by the Seller. In case of disagreement of the Terms which are acceptable for the both parties, will be the goods returned at the expense of the Seller. The seller is entitled to charge the Buyer any additional costs incurred.
- Liability for defects in goods and warranty
The Warranty Conditions for the goods are governed by the Seller´s Complaints Procedure and valid legal regulations of the Slovak Republic. The purchase document serves as a Guarantee Certificate. Záručné podmienky na tovar sa riadia Reklamačným poriadkom
- Final provisions
- The Buyer acknowledges and agrees that the rights and obligations between the Seller and the Buyer are governed by these GTC, the Seller's complaint procedure and the relevant legal provisions.
- By sending the order, the Buyer confirms that he has read these GTC and the Seller's complaint procedure, acquainted himself with their content and fully agrees with them.
These Terms and Conditions of Hana & Hana Factory for online shop and website www.hanahana-factory.com are valid from 17.6.2020