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GENERAL BUSINESS TERMS AND CONDITIONS
Košice, CRN: 00397768, Taxpayer ID No.: 2021157050, VAT ID No.:SK2021157050, registered in the Register of the Statistical Office of the Slovak Republic (hereinafter referred to as "the Seller") and the Buyer, when concluding distance contracts through the use of means of distance communication without the simultaneous physical presence of the parties, in particular by using the website, electronic mail, telephone, fax, or providing a service through the Seller's website at www.unibook.upjs.sk.
Article I
Introductory Provisions
1. The legal relations between the Seller and Buyer who are consumers which are not covered by these General Terms and Conditions of Sale and the Complaint Procedure of the Seller shall be governed by the provisions of the relevant legislation, in particular the provisions of the Civil Code, Law Act No. 108/2024 Coll. on Consumer Protection. Legal relations between the Seller and a non-consumer Buyer not covered by these general commercial terms and conditions shall be governed by the provisions of the relevant legislation, in particular by the provisions of the Commercial Code. These legal relationships are not covered by the provisions of the Complaint Procedure, the Consumer Protection Law Act, and the Consumer Protection Law Act on Distance Contracts.
2. These General Business Terms and Conditions shall be binding on all the buyers - natural and legal persons who, by sending an order, are interested in the goods offered by the Seller.
3. By sending the order to the Seller, the Buyer confirms that s/he has become acquainted with and agrees to the terms of these General Terms and Conditions and Seller's Complaint Procedure.
4. The Business Terms and Conditions shall further govern the rights and obligations of the parties to use the Seller's website.
5. Individual Business terms and conditions may be negotiated in a separate business agreement by mutual agreement between the Buyer and the Seller and shall take precedence over the provisions of the General Terms and Conditions.
6. The provisions of the General Terms and Conditions are an integral part of the purchase contract. The General Business Terms and Conditions and the Purchase Agreement are drawn up in the Slovak language.
7. The wording of the General Business Terms and Conditions may be altered or supplemented by the Seller.
8. An e-publication is a book in electronic form which is delivered electronically to the Buyer via the Internet.
9. E-publications are available in standard formats (pdf).
10. An E-publication can only be read by the Buyer via supported devices (such as a computer, a laptop, a tablet, a smartphone, and an electronic book reader).
11. E-publications are protected against unauthorized reproduction, propagation and interference with the text.
Article II
Definitions of Terms
1. The Seller shall mean the public institution - Pavol Jozef Šafárik University in Košice, with its registered office at Šrobárova 2, 041 80 Košice, CRN: 00397768, Taxpayer Identification Number: 2021157050, VAT ID No.: SK2021157050, registered in the Register of the Statistical Office of the Slovak Republic (hereinafter referred to as the "Seller" in accordance with its scope of business represented by the statutory body - the Rector of the University, prof. MUDr. Daniel Pella, PhD. represented by the Director of the University Library, PhDr. Eva Medviďová, on the basis of the power of attorney dated 1 July 2024.
2. The Buyer shall mean a natural or legal person who has ordered the goods from the Seller via e-commerce on the Seller's e-commerce website - www.unibook.upjs.sk.
3. Consumer shall mean a natural person who, when concluding and performing a consumer contract, does not carry out any business or any other business activity.
4. The Goods shall mean products that are in the Seller's current offer for purchase through the Seller's e-shop at www.unibook.upjs.sk.
5. Order shall mean a unilateral legal act addressed to the Seller by the Buyer in order to obtain the goods offered to him.
6. Contract of sale shall mean a contract made by and between the Seller and the Buyer, the subject matter of which is the purchase of the goods offered by the Seller on the Seller's internet site www.unibook.upjs.sk, made in the manner as specified in Article IV of these General Business Terms and Conditions.
Article III
User Account
1. Upon registration, the Buyer may access his user interface (hereinafter user account) through which s/he may order the goods.
2. Registration is not mandatory. The Buyer may order the goods even without registration, i.e. without creating their user account.
3. When registering on a website and when ordering the goods, the Buyer shall be obligated to provide all the information correctly and truthfully. Upon any change, the Buyer shall be required to update the data.
4. Access to the user account is secured by user name and password.
5. In case the Buyer wishes to buy an e-publication from the Seller, the registration (creation of a user account) shall be obligatory for the Buyer.
6. If the Buyer ordering an e-publication, the same will be made available to him/her in his/her user account upon payment of the e-publication fee that the Buyer has chosen from the Seller's offer.
7. Upon verification of incoming payments, the Seller shall make the e-publication available to the Buyer for reading within 48 hours (upon receipt and verification of the payment on the Seller's account).
8. Payment for an e-publication is possible only by wire transfer via payment to the Seller's account or via Internet banking. After receiving and verifying the payment to the Seller's e-book account, the Buyer will receive an e-mail address on the availability of an e-publication for downloading in his user account.
9. Making available shall mean the technical means of downloading an e-publication via the Internet solely through supported devices (any device capable of reading these formats) and software.
10. The Buyer will take over the e-publication after it has been made available. From the moment the Buyer receives the e-publication, the Seller's obligations are deemed to be fulfilled.
11. The Seller shall provide the Buyer with the right to retain the necessary and reasonable number of e-copies of the e-publication, view, use and display the e-publication for an unlimited number of times, solely for their own personal and non-commercial use.
12. After the registration, the Buyer shall have access to his/her user account with a library of purchased e-publications.
13. The Buyer shall not be authorized to allow third parties to use the account.
14. The Seller may cancel the account, if the Buyer:
(a) does not use his/her account for longer than 1 year;
(b) violates the obligations arising from the contract or business terms and conditions.
15. The Buyer notes that the user account may not be available continuously, specifically with regard to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of hardware and software equipment of third parties.
Article IV
Making of a Distance Purchase Contract
1. The store's web interface includes a list of merchandise (including prices) offered by the Seller. The prices of the goods are stated including the VAT and all the related fees. The offer and the price of this merchandise are valid during their display in the store's web interface. This provision does not limit the Seller's ability to make a contract on individually agreed terms. The offer of the goods placed in the web interface of the store is non-binding and the Seller is not obliged to make a contract for these goods.
2. The store's web interface also includes information on the costs associated with the packaging and delivery of the goods. These costs shall be valid for the goods delivered in the territory of the Slovak Republic.
3. The Buyer will order the goods with the Seller by filling in the electronic order form on the Seller's website www.unibook.upjs.sk. In the order, the Buyer will provide all the required details: name, shipping and billing address with all the data required on the form, e-mail and/or telephone contact, name of the order, quantity and the method of delivery.
4. Before the order is sent, the Buyer will be informed of the General Business Terms and Conditions and will give his/her approval by ticking the box "Acceptance of the Terms of Business".
5. The contractual relationship between the Seller and the Buyer arises from the confirmation of the order (acceptance) which the Seller sends by e-mail.
6. The Buyer agrees to use remote means of communication when entering into a purchase contract.
7. The submitted order is a proposal of the Buyer to make a sales contract with the Seller. The order is deemed to have been delivered to the Seller if it contains all the required data.
8. Upon receipt of the order, the Seller will send the Buyer an acknowledgment of receipt of the order (acceptance). By sending the Seller's acceptance to the Buyer, a purchase contract is made, which becomes binding on both parties (both the Seller and the Buyer).
9. By signing the purchase contract, the Seller commits to deliver the goods ordered to the Buyer in the required quality, quantity and agreed price. The Buyer undertakes to take delivery of the delivered goods and pay the agreed purchase price and the delivery cost of the goods (Article IV, paragraph 4 of these General Business Terms and Conditions).
10. The Buyer notes that the Seller is not obliged to enter into a contract with persons who in the past substantially violated the purchase contract (including business terms).
Article V
Price and Payment Terms and Conditions
1. The Buyer shall be obliged to pay the Seller the purchase price for the delivery of the ordered goods, properly and in a timely manner according to paragraph 2 of this Article, valid at the time of sending the order to the Seller.
2. The purchase price for the ordered goods is stated in the current offer of the goods being on the sale, in the order, as well as in the acknowledgment of acceptance of the order by the Seller. The confirmation of receipt of the order may also be in form of acceptance of the proposal for making the purchase contract by the Seller. The purchase price shall always include the % VAT rate and shall be set in EURO.
3. The purchase price according to paragraph 2 of this Article shall not include the cost of delivery of the goods to the Buyer (postage) and of the purchased goods.
4. At the same time as the price for the goods, the Buyer shall be obliged to pay the Seller also the costs associated with the delivery, packaging and delivery of the goods.
5. In the case of orders (shipments) delivered by Slovak Post within the Slovak Republic, postage and packing costs of 5.50 kg shall be charged to the price of the order of 10 kg. The Buyer shall note by e-mail or by phone on increased shipping cost when selling the goods. In the case of the goods sent to the Czech Republic, the price for carriage of 10 kg in the weight of goods is 13 €. In the case of goods shipped to other Member States of the European Union and outside the European Union Member States, the shipping cost will be charged in accordance with the shipping company's pricing. The cost of transporting the goods above standard weight and size will be charged in accordance with the shipping company's pricing.
6. Within the scope of personal collection, unless the Buyer and the Seller agree otherwise, the ordered goods may be picked up within 3 working days at the address of the service. After this time, the Seller shall have the right to sell the ordered goods to another Buyer.
7. By submitting an order, the Buyer confirms that he/she agrees with the amount of the price for the ordered goods, including the possible delivery costs.
8. The Buyer shall pay the Seller the purchase price in the way he/she chooses in the order.
9. Payment methods for ordered goods:
- in cash (for personal collection),
- through electronic banking (when purchasing electronic publications),
- on delivery (upon the receipt of the goods from the Slovak Post).
10. In the case of non-cash transfer, the purchase price is deemed to have been paid when the funds are credited to the Seller's account on the tax document (the "invoice").
11. The Seller shall issue a tax document (invoice) to the Buyer on the basis of the purchase contract. The Seller is a VAT payer.
12. The invoice for payment of the purchase price, which will be delivered to the Buyer together with the goods, shall serve as both the tax document and the delivery note.
13. In the case of personal collection, unless otherwise agreed by the parties, the tax document is a cash receipt serving as a warranty card.
14. If the invoice is issued in error (if some of the details are missing or are incorrect or if the purchase price is incorrect), the Buyer shall be entitled to return the invoice by the due date. The wrong invoice will be returned by the Buyer to the Seller, together with the written specification of the errors, which the invoice shows. If the invoice is actually issued incorrectly, the Seller will issue a new invoice to the Buyer. The purchase price maturity date indicated in the incorrect invoice shall only be affected if the erroneous indication is to indicate an incorrect purchase price. In this case, the maturity period shall begin to run until the corrected invoice has been delivered to the Buyer.
15. If the Buyer pays the purchase price for the delivery of the goods in advance (before the delivery of the goods) and the Seller cannot secure the delivery of the goods, the contract under Article VI will be cancelled under paragraph 4 of these General Business Terms and Conditions, the Seller shall be obliged to repay the purchase price paid to the Buyer, either to the Buyer's bank account or by postal order to the Buyer's address. The Seller shall repay the purchase price paid to the Buyer within 14 days from the date of the delivery of the confirmation e-mail on the cancellation of the order to the Buyer, which the Buyer shall send by the contact form published on the Seller's website at www.unibook.upjs.sk).
16. If the Buyer has paid the purchase price and the delivered goods are returned, the Seller shall be obliged to repay the purchase price paid to the Buyer within 14 days from the date of delivery of the withdrawal from the contract, but not before the goods are delivered back, or as the Buyer shows the goods having been sent back.
Article VI
Delivery Terms and Conditions
1. Deliveries of the subject matter of the (ordered) goods are handled within the shortest possible time depending on the availability of the products and the operations of the Seller. The Buyer shall be entitled to cancel their order at any time before sending the order to the Seller. Cancellation of the order shall be notified by the Buyer to the Seller through a contact pre-printform published at the Seller's website www.unibook.upjs.sk, by e-mail or by phone. The Seller will send a confirmation e-mail to the Buyer that their order has been cancelled.
2. The order status information shall be displayed to the registered subscriber(s) (buyers) after logging in and clicking on the order icon. The "Working" status shall mean that the order has been received and is currently being processed. "Sent" shall mean the order has been submitted for delivery.
3. Delivery takes 3 to 7 business days depending on the type of shipment. These shipping times are based on the usual delivery times that are common in the business of the Seller and its suppliers. Given that their fulfilment also depends on the third parties' behaviour, the Seller cannot guarantee their compliance in all cases.
4. The Buyer hereby agrees to extend the delivery time if it is not possible to deliver all the ordered goods at the agreed date at one time. The Buyer will be notified of this within the shortest possible time and will be informed of the expected delivery date. If the Seller fails to provide the goods within an additional period, the Buyer shall be entitled to withdraw from the contract
5. The Seller shall not be accountable for the delayed delivery of the goods caused by the carrier or for the incorrect address of the Buyer.
6. If the ordered goods cannot be delivered to the Buyer (if the order contains a goods title which has been sold out or is temporarily unavailable), the Seller will immediately inform the Buyer by sending an e-mail or by telephone. If the Buyer is not interested in partial fulfilment of the order (delivery of the available goods) and if the Seller/Buyer does not agree to a substitute performance agreement for inaccessible goods, the purchase agreement will be cancelled. Cancellation of the order shall be notified by the Buyer to the Seller through a contact pre-print form published on the web site of the Seller www.unibook.upjs.sk., by e-mail or by phone. The Seller will send a confirmation e-mail to the Buyer that his/her order has been cancelled.
7. If, for reasons of the Buyer's part, it is necessary that the goods are to be delivered repeatedly or otherwise, as stated in the order, the Buyer shall be obliged to pay the costs of the re-delivery, or the costs associated with another delivery method.
8. If the Buyer does not accept the goods and the goods are returned to the Seller, the Seller shall have the right to withdraw from the purchase contract and to require the Buyer to reimburse the costs associated with the carriage and return of the goods. Re-delivery of the order is possible only by mutual agreement
9. The delivery of the goods to the Buyer shall take place in the manner as chosen by the Buyer in their order.
10. The delivery of the goods may be effected by means of a delivery service - Slovenská pošta, a.s. The Buyer can also collect the ordered goods personally in the seller's shop at the University Bookshop, Trieda SNP 1, 040 11 Košice.
11. When the goods are taken over by the carrier, the Buyer shall be obliged to check the integrity of the package and, in the event of any defects, to immediately notify the carrier. In the event of a damage of the package indicating unauthorized intrusion, the buyer need not take over the consignment. By signing the delivery note of the carrier, the Buyer confirms that the consignment of the goods complies with all the conditions and requirements. A later complaint on the shipment may not be considered. The invoice shall be considered an inseparable part of the shipment, which also serves as a delivery note.
12. The risk of damage to the goods shall pass onto the Buyer at the moment of their receipt of the ordered goods.
13. Ownership rights to the subject matter of purchase are transferred to the Buyer only upon receipt of the goods and by the full payment of the purchase price of the goods.
Article VII
Withdrawal From the Purchase Contract, Returning the Goods,
Complaints of the Goods
1. The Buyer shall have the right to withdraw from the contract within 14 (four) days of the receipt of the goods. Withdrawal from the contract shall be delivered to the Seller within 14 (fourteen) days of the receipt of the goods to the Seller's address or to the Seller's e-mail address unibook@upjs.sk. The Buyer will also deliver to the Seller a contact pre-print form for the withdrawal from the contract.
2. Pursuant to Section 7 paragraph 6 j) Law Act on Consumer Protection for Distance Contracts, the consumer - the Buyer shall not be entitled to withdraw from the contract whose subject is:
- the sale of phonograms, image recordings, sound recordings, books or computer software sold in the protective packaging, if the consumer has unrolled the packaging,
- the sale of periodicals, with the exception of sales under a subscription agreement, and the sale of books not supplied in a protective package,
- the provision of electronic content other than on a physical medium if its provision has been initiated with the express consent of the consumer and the consumer has stated that s/he has been duly instructed to lose the right to withdraw from the contract by expressing such consent.
3. In the case of books delivered in a protective package, the consumer-buyer shall be entitled to withdraw from the contract without giving any reason, unless the book has been unwrapped (Article 7 (6) (i) of Law Act No. 102/2014 on Consumer Protection in Distance Contracts), within 14 days from the date of receipt of the goods. The Buyer will send a letter of withdrawal from the contract to the address of the University Bookshop, Trieda SNP 1, 040 11 Košice, or by e-mail to unibook@upjs.sk. For this purpose, the Buyer will use a contact pre-print form for the withdrawal from the contract published at www.unibook.upjs.sk. The withdrawal period shall be retained if the Buyer sends a notice of the exercise of the right of withdrawal before the expiry of the withdrawal period. The Buyer shall be obliged to send the goods to the Seller at the University Book Store, Trieda SNP 1, 040 11 Košice no later than 14 days from the date of the exercise of the right of withdrawal. It is advisable to send the goods as a package by registered mail. Together with the goods, a copy of the tax document sent with the goods and a copy of the shipment from the shipper shall also be sent. The Buyer shall send the purchased goods back at his own expense and at the same time:
- the goods shall be in the original undamaged packaging
- the goods shall be complete (including accessories)
- the goods shall be delivered sufficiently secure against damage (preferably in the same packaging as delivered), as the Seller shall not be liable for any loss/damage during the delivery.
The Seller shall return to the purchaser all the payments received from the consumer by transfer to the account or otherwise in an agreed manner, not later than 14 days from the date of delivery of the notice of withdrawal, but not until the Seller has returned the goods or until the Buyer proves sending the goods to the Seller.
4. The warranty period for the goods purchased in the Unibook UPJŠ e-shop is standard 24 months. The warranty period shall begin on the date of receipt of the goods by the Buyer. Warranty service shall be provided by the Seller.
5. The warranty shall not cover, in particular, ordinary wear and tear, mechanical damage, product defects for which a discount has been granted.
6. The procedure for claiming the goods sold by the Seller through its online store is regulated by the Complaint Procedure, which forms an annex to these General Business Terms and Conditions.
Article VIII
Personal Data Protection
1. All the data required for registration shall only serve to implementing the Buyer's order performance (order processing, delivery) and for the Seller's own marketing as well as for later communication with the Buyer (complaint, cancellation of order, return of the ordered goods). The data shall not be provided to any third parties, except for products expressly stated to the contrary. All the personal data are protected in accordance with the valid legal order of the Slovak Republic, in particular Law Act No. 122/2013 Coll. on the Protection of Personal Data as amended (hereinafter referred to as the "Personal Data Protection Law Act").
2. The Buyer shall grant the Seller, in accordance with the Personal Data Protection Act, the consent to process his or her personal data listed in the order in the Seller's information system in order to arrange the Purchase Agreement made and for the purpose of offering the Seller's services and goods, sending information on the Seller's products, by electronic means (e-mail, SMS, telemarketing). The Buyer shall grant the Seller the consent on a voluntary basis for the period until its withdrawal. The Buyer shall have the right to withdraw their consent at any time.
Article IX
Other Rights and Obligations of the Parties
1. The Buyer acknowledges that the software and other components of the web-based web interface (including photos of the offered merchandise) are copyrighted. The Buyer undertakes that s/he will not perform any activity that could allow him or third parties to use the software or other components that make up the web-based web interface.
2. The Buyer acknowledges that the Seller shall not be held liable for any errors resulting from third party intervention in the website of the Internet trade or the use of the website contrary to its purpose.
Article X
Service of Writs
1. Unless otherwise agreed, all the correspondence relating to the purchase contract shall be delivered to the other Party in writing, by e-mail, in person or via the postal operator (at the option of the sender). The Buyer shall be delivered to the e-mail address listed in his/her user account.
2. The message shall be delivered in case of delivery:
(a) by electronic mail when it is received at the incoming mail server; the integrity of messages sent by electronic mail can be secured by a certificate,
(b) in person or via the postal service operator, by receiving the consignment to the addressee,
(c) in person or through the postal service operator, also by refusing to accept the consignment by the addressee or the person authorized to take over the consignment,
(d) by the postal service operator, within ten (10) days of the posting of the consignment to the postal operator, even if the addressee has not been informed of the deposit.
Article XI
Final Stipulations
1. These General Business Terms and Conditions shall enter into force and effect on 1 July 2024. By the written agreement between the Buyer and the Seller, the use of these General Business Terms and Conditions or their respective provisions may be ruled out.
2. The contractual relationship between the Seller and the Buyer shall be assessed in accordance with the General Business Terms and Conditions applicable at the time of the establishment of the contractual relationship (making the purchase contract).
3. In the event that any provision of these General Terms and Conditions becomes invalid, ineffective and/or unenforceable, the validity, effectiveness and/or enforceability of the other provisions of the General Terms and Conditions shall not be affected, except to the exclusion, under applicable legislation, of the nature of such provisions. The Seller hereby undertakes without undue delay after finding that any of the provisions of the General Terms and Conditions are invalid, ineffective and/or unenforceable, to replace the provision in question with a new one, the content of which will be in accordance with the new applicable law, and will to the utmost purpose perform the purpose of the original provision.
4. The Seller hereby reserves the right to change these General Business Terms and Conditions at any time without prior notice.
5. The Slovak Trade Inspection STI), the SOI Inspectorate with headquarters in Košice for the Region of Košice, Vrátna 3, PO BOX A-35, 040 65 Košice 1 and the relevant court and the dispute settlement body shall be responsible for the oversight of the Seller's compliance with the obligations under the applicable law.
Košice 1.7.2024 PhDr. Eva Medviďová,
poverená riaditeľka Univerzitnej knižnice UPJŠ v Košiciach