Terms and Conditions

Article I.

Definitions

1. The operator of the website (e-shop) www.pean.sk is Peter Hafera - PEAN, with its registered office at Nábrežie slobody 535/27, 020 01 Púchov.
2. The seller on www.pean.sk is Peter Hafera - PEAN, with its registered office at Nábrežie slobody 535/27, 020 01 Púchov.
3. The supplier of goods and services offered in the e-shop www.pean.sk is Peter Hafera - PEAN, with its registered office at Nábrežie slobody 535/27, 020 01 Púchov.
4. The buyer is any visitor to the e-shop who has placed a binding order via the e-shop. For the purposes of the law—specifically Act No. 102/2014 Coll.—a consumer is defined as a natural person who, when concluding and performing a consumer contract, is not acting within the scope of their business activity, employment, or profession.
5. The e-shop is a publicly accessible computer system hosted on the Internet that enables the remote ordering of goods and services via an electronic device.
6. Goods or services refer to all products listed on the e-shop website that are available for order (i.e., those with a non-zero price displayed).
7. The buyer fully acknowledges electronic communication—specifically via the e-shop, email, and telephone—provided there is no dispute that the seller is communicating with the buyer or a person authorized by the buyer.
8. For a relationship between a seller and a buyer that was established otherwise than through electronic remote communication devices—and which does not constitute a relationship between an information society service provider and a recipient of information society services—these General Terms and Conditions shall apply only to the extent necessary and consistent with applicable legal regulations and the logical nature of the matter, unless otherwise agreed between the parties.

Article II.

Price

1. All prices listed for goods and services are final, including 23% VAT.
2. The Seller is bound by the price stated on the e-shop website at the time the purchase is made.

Article III.

Order

1. An order is created when the buyer completes the ordering process in the e-shop—selecting goods or services, fully filling out the order form, and submitting it to the seller. To ensure the order is processed correctly and properly, the buyer must provide the required information and select shipping and payment options for the ordered goods or services.
2. By submitting the order, the buyer agrees to the price of the ordered goods and services. Upon submission, the order becomes binding on the buyer; it constitutes an offer to conclude a purchase contract with the seller.
3. After the order is submitted in the e-shop, an automated information email is generated and sent to the buyer, notifying them that the seller has received the order for processing. This email does not constitute confirmation of the goods within the meaning of Paragraph 4 of this Article.
4. A purchase contract is formed upon the seller's confirmation of the order; this contract may only be amended or supplemented by mutual agreement between the buyer and the seller, unless otherwise provided by law or other legal regulations. Confirmation of the order by the seller constitutes an electronic message sent to the buyer's email address or a text message sent to the mobile phone number provided by the buyer in the order, specifying the extent to which the buyer's order is accepted. An electronic message from the seller that does not confirm the buyer's order—or that rejects, refuses, or otherwise clearly fails to accept it—constitutes a rejection of the buyer's order.
5. If the seller is unable to fulfill the order (or a part thereof) within the designated processing time despite making every reasonable effort—for reasons such as the goods no longer being manufactured, unavailability from the manufacturer or the supplier's external warehouse, significant changes made by the manufacturer rendering fulfillment impossible, or force majeure—the seller may cancel the order and shall notify the buyer of this via email. The seller also reserves the right to cancel the order if the buyer has provided false or misleading information that cannot be verified, such as an incorrect email address, phone number, or an incorrect or non-existent address. If the buyer has paid an advance payment, the seller is obliged to refund it within 14 days.

Article IV.

Payment Terms

1. Payment for goods and services in the e-shop may be made via online payment via the Shoptet Pay payment gateway.

Article V.

Delivery Terms

1. The Seller is obliged to dispatch the goods to the Buyer within 30 days of the order being placed, unless otherwise agreed or unless a longer delivery period was specified for the goods.
2. If the goods are in stock, they are dispatched as soon as possible, subject to capacity constraints.
3. If an order contains multiple items and services and some are not in stock, the Buyer will be informed and offered the option of partial deliveries.
4. An invoice (tax document), instructions, and other manufacturer documentation related to the goods or services are sent to the customer along with the goods.
5. The place of performance is deemed to be the location to which the goods are delivered.
6. The Seller arranges transport to the Buyer via DPD.
7. The buyer is obliged to inspect the shipment of goods—specifically the packaging—immediately upon delivery. If the buyer discovers mechanical damage to the goods or their packaging, they must notify the carrier and inspect the condition of the goods in the carrier's presence. Upon discovering damage during receipt, the buyer is required to immediately draw up a damage report detailing the extent and nature of the damage, the accuracy of which must be confirmed by the carrier. Based on this report, and following the resolution of the damage claim with the carrier, the seller may arrange for the defect to be remedied, offer a discount on the goods, or—in the event of irreparable defects—supply the buyer with replacement goods.

Article VI.

Shipping and packaging charges and payment options

1. There is a €0 fee for online payments.
2. there is a €5 fee for delivery.
3. The seller may ship the immediately available goods to the buyer and deliver the remainder of the order subsequently within the statutory time limit, provided that the buyer is not charged any additional shipping costs beyond those included in the order.

Article VII.

Transfer of Ownership

1. Ownership passes from the seller to the buyer at the moment the item is taken over from the seller or the carrier.

Article VIII.

Cancellation of the Purchase Contract

1. The buyer has the right to cancel ordered goods or services within 24 hours of the conclusion of the purchase contract without incurring a cancellation fee, in the case of goods manufactured to order, made according to the consumer's specific requirements, or produced specifically for a particular consumer.

Article IX.

Consumer’s Right to Return Goods Without Stating a Reason and Consumer Information

1. Pursuant to Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Away from the Seller’s Business Premises and on Amendments to Certain Acts (hereinafter referred to as the "Act"), and in accordance with the provisions of Section 7 et seq., the consumer has the right to withdraw from the purchase contract within 14 calendar days from the date of receipt of the goods. If the subject matter of the purchase contract is the delivery of goods, the consumer also has the right to withdraw from the contract prior to the delivery of the goods.
2. To exercise this right, the consumer must either personally deliver a written notice of withdrawal from the purchase contract to the seller’s contact address no later than the last day of the specified period, or hand over the notice of withdrawal for postal delivery to the address listed in the contact details no later than the last day of said period. Immediately after notifying the seller of the withdrawal, the consumer is required to send or personally deliver the subject matter of the contract—along with all documentation (e.g., the original invoice, user manual, and other documentation delivered with the goods)—no later than 14 days from the date of withdrawal (Section 10, Paragraph 1 of the Act). We recommend that buyers make a copy of the invoice for their own records and send the goods via registered and insured mail. To withdraw from the contract, you may use the form included with the delivery; you must fill in at least the fields marked with an asterisk (*). You can find the contract withdrawal form here.
3. Do not send goods via cash-on-delivery; such shipments will not be accepted.
4. The e-shop operator shall refund the payment made for the goods or service—including shipping costs, in accordance with Section 9, Paragraph 3 of Act No. 102/2014 Coll., as well as costs demonstrably incurred in ordering the goods—within 14 days of the date the notice of withdrawal from the contract is received; however, the operator is not required to issue the refund before the goods are received or the consumer provides proof of shipment (this exception does not apply if the seller has offered to collect the goods personally).
5. The consumer bears the costs of returning the goods.
6. The right of withdrawal does not apply to goods and services defined in Section 7, Paragraph 6, points (a) through (l) of Act No. 102/2014 Coll.
7. The consumer is liable for any diminution in the value of the goods resulting from handling them in a manner beyond what is necessary to establish their nature, characteristics, and functioning.
8. If you purchase goods in connection with your business activities (indicated by the inclusion of a Company ID Number/IČO on the purchase document), the right to withdraw from the purchase contract does not apply, as the Commercial Code does not provide for this option.

Article X.

Rights and Obligations of the Contracting Parties

1. The contracting parties are the Seller and the Buyer.
2. The Buyer is obliged to:

• take delivery of the ordered goods
• pay the Seller the agreed price for the goods received
• inspect the integrity of the packaging and/or the goods themselves upon receipt

The Seller is obliged to:

• deliver the goods to the customer in the required quality and quantity and at the agreed price
• send the customer—either together with the goods or subsequently—all documentation related to the goods, such as the invoice, the claim form, and the operating instructions in the standardized Slovak language

Article XI.

Personal Data Protection

1. Personal data is processed in accordance with Act No. 18/2018 Coll. on Personal Data Protection, as amended.
2. The Controller does not disclose the Buyer's personal data to third parties, except to the selected shipping company responsible for delivering goods or services, to state authorities in the event of an inspection, or to a processor on the basis of a mutual agreement concluded pursuant to Act No. 18/2018 Coll.
3. The Controller is obliged to safeguard personal data against access by unauthorized persons by implementing appropriate technical and organizational measures. Furthermore, all employees of the Controller are required to maintain confidentiality regarding personal data.
4. The data subject has the rights defined in Section 19 et seq. of Act No. 18/2018 Coll. on Personal Data Protection, as amended, specifically:

• the right to information, fulfilled by this content and the terms and conditions
• the right to request access to personal data concerning the data subject (Section 21 of the Act): this entails the right to inquire about the manner and purposes of the processing of your data; you may submit such a request to the designated contact email address
• the right to rectification of personal data (Section 22 of the Act): allows you to correct personal data if it is outdated
• the right to erasure of personal data (Section 23 of the Act): applicable if you no longer wish for the controller to process your personal data
• the right to restriction of processing (Section 24 of the Act): applicable if you believe that personal data has been processed unlawfully
• the right to object to the processing of personal data (Section 27 of the Act)
• the right to data portability
• the right to lodge a complaint with the supervisory authority regarding the processing of personal data

The Controller collects the following personal data from the buyer: title, first name, surname, address, delivery address, billing address, telephone number, and e-mail address; these data are processed for the purpose of properly fulfilling your order. This personal data is retained for a period of 10 years for archiving purposes. As part of order fulfillment, personal data is processed for the purposes of issuing invoices and delivery notes, arranging transport, and accounting.
The Controller has engaged a processor—Heureka Shopping, s.r.o. (registered office: Karolínska 650/1, 186 00 Prague; ID No.: 02387727), which operates the heureka.sk web portal and the "Verified by Customers" service—to process personal data on the e-shop operator's behalf on a one-time basis. This processing covers the buyer's first name, surname, e-mail address, and details of the ordered goods, for the purpose of evaluating the quality of the purchase. For this evaluation, the processor will send a one-time e-mail to the buyer providing the option to submit a review.

This website records your IP address, the time spent browsing the site, and the referral sources (the sites from which you arrived). Cookies are text files stored on your computer; they are used to measure site traffic and customize the display of pages, enabling us to offer you a better experience. We therefore consider the use of these files to be a legitimate interest. Some cookies are third-party cookies (e.g., from YouTube, Google, etc.).
You can delete cookies or configure cookie collection settings directly within your web browser at any time. If you wish to refuse cookie collection, please adjust your web browser settings accordingly.
If a buyer has consented to the processing of personal data in the e-shop for email marketing purposes, they have agreed to receive email messages at their contact email address.
Personal data for email marketing purposes—specifically first name, surname, and email address—is retained for a period of five years. This personal data is not shared with third parties.
The buyer may withdraw their consent at any time by submitting a request to withdraw consent for personal data processing, upon which we will immediately delete the data. Unsubscribing is also possible by unchecking the relevant box in the user account (if the buyer has created one). We will cease using the personal data you provided for email marketing purposes. If the buyer has consented to the processing of personal data in the e-shop for SMS marketing purposes, they have agreed to receive SMS messages at their contact telephone number.
Personal data provided for SMS marketing purposes—specifically name, surname, and telephone number—are retained for a period of five years.
The buyer may withdraw their consent at any time by submitting a withdrawal of consent for personal data processing, upon which we will immediately delete the data. Unsubscribing is also possible by unchecking the relevant box in the user account (if the buyer has requested the creation of a user account). We will no longer use the personal data you provided for email marketing purposes.

Article XII.

Compensation for Damages upon Failure to Accept Goods

1. The Seller is entitled to compensation for damages (pursuant to the provisions of § 420 et seq. of the Civil Code) in the event that the Buyer ordered goods—without cancelling the order or withdrawing from the contract—but failed to accept delivery from the carrier or, having selected personal pickup, failed to collect the goods within the designated timeframe following a request from the Seller. By such conduct, the Buyer has breached the obligation set forth in Article X, Point 2, Letter a), which requires the Buyer to accept the ordered goods.
2. When determining the amount of compensation, the Seller takes into account, in particular, shipping costs and associated fees (where goods were dispatched), costs related to packaging, dispatch, and order administration, as well as all other costs incurred in connection with the execution of the order in question; the Seller also reserves the right to claim compensation for lost profit.
3. The Seller also reserves the right to refrain from claiming compensation for damages or to claim such compensation only in part.

Article XIII.

Final Provisions

1. The Seller reserves the right to amend and supplement these General Terms and Conditions and the terms and conditions regarding claims without prior notice to the Buyer. In the event of an amendment to the General Terms and Conditions or the terms and conditions regarding claims, the entire purchasing process shall be governed by the General Terms and Conditions that were in effect at the time the Buyer submitted the order; these are available on the Seller's website.
2. The terms and conditions regarding claims form an integral part of these General Terms and Conditions.
3. By submitting an order, the buyer acknowledges having read both the General Terms and Conditions and the terms and conditions regarding claims.
4. These terms and conditions were drafted as part of the *nakupujbezpecne.sk* e-shop certification project.
5. These General Terms and Conditions and the terms and conditions regarding claims are available for inspection by the buyer at the company's registered office and are also published on the e-shop's website.
6. If a consumer is dissatisfied with the way the seller has handled their complaint, or believes that the seller has violated their rights, they may contact the seller with a request for redress. If the seller rejects the request for redress or fails to respond within 30 days of the date it was sent, the consumer has the right—pursuant to Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments to Certain Acts—to submit a proposal to initiate alternative dispute resolution proceedings. The competent body for alternative dispute resolution regarding disputes with the e-shop operator is the Slovak Trade Inspection (http://www.soi.sk/) or another authorized legal entity listed in the register of alternative dispute resolution bodies maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s); the consumer is free to choose which of these bodies to approach. The consumer may also use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution. Information regarding fees for submitting such a proposal can be found on the website of the specific alternative dispute resolution body.
7. Matters not otherwise regulated in these General Terms and Conditions or their integral parts (annexes) shall be governed by the relevant provisions of, in particular, Act No. 40/1964 Coll., Act No. 250/2007 Coll., Act No. 102/2014 Coll., Act No. 122/2013 Coll., Act No. 22/2004 Coll., and Act No. 513/1991 Coll.
8. In the event that a separate contract containing different terms is concluded with the buyer, the terms set forth in said contract shall take precedence over these General Terms and Conditions.
9. These General Terms and Conditions, including their integral parts, shall enter into force and effect on May 23, 2018.

PEAN - Peter Hafera

Nábrežie slobody 535/27

020 ​​01 Púchov

Slovak Republic

Company ID (IČO): 30183626

Tax ID (DIČ): 1020519599

VAT ID (IČ DPH): SK1020519599

File No.: ŽO-2000/01850/002 Bá; Trade Register No.: 98/2000; Issued by: District Office in Púchov, Trade Licensing and Consumer Protection Department, Štefánikova 820, Púchov

IBAN: SK52 0900 0000 0000 6369 4505

Tel.: +421 903 419 256

Email: info@pean.sk

www.pean.sk

E-shop order acceptance: 24/7

Operating hours:

Mon – Fri: 09:00 – 17:00

Physical store opening hours: Mon – Fri: 09:00 – 17:00

Responsible manager: Peter Hafera

Supervisory authority:

Slovak Trade Inspection (SOI) Inspectorate for the Trenčín Region (based in Trenčín)

Hurbanova 59

911 01 Trenčín

Tel.: 00421326400 109

E-mail: tn@soi.sk