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General terms and conditions

General Terms and Conditions

of the online store www.tibormodel.com

 I. Identification of the Seller

1.1. These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the legal relationships between the company:

Business name: Mgr. Tibor Pogány - ENIPO
Place of business: 94701 Hurbanovo, Malá 1405/19, Slovak Republic
Registered in the Trade Register of the District Office of Komárno, Trade Register Number 410-33964
Company ID No.: 52466922
Tax ID No.: 1082076039
VAT ID No.: SK1082076039
Bank account: SK77 8360 5207 0042 0682 5153
The Seller is a VAT payer

(hereinafter referred to as the “Seller” or the “Trader”) and any person who is a Buyer of products offered by the Seller on the Seller’s Website, acting in the capacity of a consumer pursuant to the provisions of these General Terms and Conditions and the relevant legislation of the Slovak Republic, in particular Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended, and Act No. 40/1964 Coll. Civil Code, as amended.

1.2. The Seller’s email and telephone contact details are:

Email: info@tibormodel.com
Tel. No.: + 421902103183

1.3. The address for sending written correspondence, complaints, and notices of withdrawal from the contract is:

Mgr. Tibor Pogány – ENIPO, Malá 1405/19, 94701 Hurbanovo, Slovak Republic

 II. Definition of Terms

2.1. For the purposes of these General Terms and Conditions, the Trader, in accordance with Act No. 108/2024 Coll., as amended, defines the following terms:

2.2. A distance contract is a contract concluded between the Trader and the Consumer exclusively through one or more means of distance communication, without the simultaneous physical presence of the Trader and the Consumer, in particular via an online interface, email, telephone, fax, addressed letter, or product catalogue.

2.3. The Trader (also referred to as the “Seller”) is a person who, in connection with a consumer contract, an obligation arising therefrom, or in the course of business practice, acts within the scope of their business activity or profession, including through another person acting on their behalf or account.

2.4. A Consumer is a natural person who, in connection with a consumer contract, an obligation arising therefrom, or in the course of business practice, does not act within the scope of their business activity or profession.

2.5. A consumer contract is any contract, regardless of its legal form, concluded between the Trader and the Consumer.

2.6. The term “Online Store” is synonymous with “Electronic Store” and “Website.”

2.7. A Buyer is any person (natural or legal) who has submitted an order, primarily via the Seller’s Website or other means of distance communication.

2.8. A durable medium is a means that enables the Consumer or the Trader to store information addressed to them for a period appropriate to the purpose of the information and in a manner that allows its unchanged reproduction and future use, including but not limited to paper documents, email, USB drives, CDs, DVDs, memory cards, and computer hard drives.

 III. Basic Provisions

3.1. These General Terms and Conditions govern the legal relationships between Buyers who are Consumers and the Trader.

3.2. Contractual relationships (as well as other legal relationships arising from the contractual relationship) with Buyers who do not act in the capacity of a Consumer are governed by the provisions of Act No. 513/1991 Coll. Commercial Code, as amended.

 IV. Product Order – Conclusion of Purchase Contract

4.1. A proposal to conclude a purchase contract by the Buyer is the submission of a product order, primarily via the Trader’s Website or other means of distance communication.

4.2. The purchase contract between the Buyer and the Trader is concluded at the moment the Buyer receives confirmation of the order placed in accordance with Clause 4.1 of these GTC, sent electronically to the Buyer’s email address provided during the ordering process.

 V. Duration of the Purchase Contract

5.1. The purchase contract is concluded for a fixed term and terminates upon the fulfilment of all obligations of the Seller and the Buyer, in particular the delivery and payment of products under the concluded purchase contract. This provision does not affect the Buyer’s rights under statutory liability for product defects on the part of the Trader.

 VI. Purchase Price – Information on Price

6.1. The price of goods and services ordered via the Seller’s Website (hereinafter referred to as the “purchase price”) is specified separately for each product and is valid at the time the Buyer places the order.

6.2. The purchase price of goods or services listed on the Seller’s Website is the total price including all applicable taxes, clearly indicated on the Website.

 VII. Product Delivery

7.1. If the Buyer selects cash on delivery as the payment method, the Seller is obliged to fulfil the order and deliver the products to the Buyer no later than 30 days from the date of conclusion of the purchase contract pursuant to Clause 4.2 and following of these GTC.

7.1.1. If the Buyer selects a payment method other than cash on delivery, the Seller is obliged to fulfil the order and deliver the products to the Buyer no later than 30 days from the date of conclusion of the purchase contract pursuant to Clause 4.2 and following of these GTC and payment of the total order price to the Seller. If both conditions under Clause 7.1.1 of these GTC are met (i.e., the purchase contract is concluded and the total order price is paid to the Seller), the Seller is obliged to deliver the products to the Buyer no later than 30 days from the date both conditions are fulfilled.

The usual dispatch time for products is 1 business day from the date of conclusion of the purchase contract or 1 business day from the date of payment of the total order price to the Seller.

 VIII. Transfer of Ownership

8.1. Ownership of the sold item and the risk of accidental destruction, deterioration, or loss of the item passes to the Buyer at the moment of delivery.

 IX. Payment Methods

9.1. Payment for goods and services available on the Seller’s Website may be made using the following methods:

9.1.1. The Seller shall inform the Buyer of the available payment methods for placing an order on the Seller’s Website at: https://www.tibormodel.com/en/shipment

 X. Shipping – Methods of Delivery and Delivery Charges

10.1. The purchase price of goods or services does not include shipping costs or any other expenses related to the delivery of products.

10.2. Methods of delivery and applicable delivery charges for ordered products:

10.2.1. Delivery Methods:

10.2.1.1. The Seller shall inform the Buyer of the available delivery methods that the Buyer may choose on the Seller’s Website at: https://www.tibormodel.com/en/shipment

10.2.2. Delivery Charges:

10.2.2.1. The Seller shall inform the Buyer of the delivery charges applicable to each delivery method on the Seller’s Website at: https://www.tibormodel.com/en/shipment

 XI. Withdrawal of the Buyer from the Purchase Contract Without Stating a Reason

11.1. The Consumer has the right to withdraw from a distance contract or a contract concluded outside the Seller’s business premises without stating a reason, within the period specified in Article XII, Clauses 12.1 to 12.3 of these GTC, except for contracts whose subject matter is:

11.2. Provision of services, if the service has been fully provided and its provision began before the expiry of the withdrawal period with the Consumer’s express consent, and the Consumer declared that they had been duly informed that by giving consent, they lose the right to withdraw from the contract after full provision of the service, provided the Consumer is obliged to pay the price under the contract.

11.3. Delivery or provision of a product whose price depends on fluctuations in the financial market that the Seller cannot influence and which may occur during the withdrawal period.

11.4. Delivery of goods made to the Consumer’s specifications or clearly personalized goods.

11.5. Delivery of goods that are subject to rapid deterioration or spoilage.

11.6. Delivery of goods sealed in protective packaging that are not suitable for return for health protection or hygiene reasons, if the protective packaging was broken after delivery.

11.7. Delivery of goods which, by their nature, are inseparably mixed with other goods after delivery.

11.8. Delivery of alcoholic beverages whose price was agreed at the time of contract conclusion, where delivery can only take place after 30 days and the price depends on market fluctuations that the Seller cannot influence.

11.9. Urgent repairs or maintenance carried out during a visit to the Consumer, requested explicitly by the Consumer; this does not apply to contracts for services other than repair or maintenance, or for goods other than replacement parts necessary for repair or maintenance, if such contracts were concluded during the Seller’s visit and the Consumer did not order such goods or services in advance.

11.10. Delivery of audio recordings, video recordings, audiovisual content, or software in sealed packaging, if the packaging was broken after delivery.

11.11. Delivery of periodicals, except where delivered under a subscription agreement.

11.12. Goods purchased at a public auction.

11.13. Provision of accommodation services for purposes other than housing, transport of goods, car rental, catering services, or leisure-related services, where the contract specifies a particular time or period for provision.

11.14. Delivery of digital content not supplied on a tangible medium, if delivery began with the Consumer’s express consent before the expiry of the withdrawal period, and the Consumer declared they had been duly informed that by giving consent they lose the right to withdraw from the contract upon commencement of delivery, and the Seller provided confirmation pursuant to § 17(12)(b) or § 17(13)(b) of Act No. 108/2024 Coll. on Consumer Protection and Amendments to Certain Acts, as amended, provided the Consumer is obliged to pay the price under the contract.

 XII. Exercise of the Right to Withdraw from a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises

12.1. The Consumer may withdraw from a distance contract or a contract concluded outside the Seller’s business premises:

a) Within 14 days from:

  • receipt of goods by the Consumer pursuant to Clause 12.4,
  • conclusion of a contract for the provision of services,
  • conclusion of a contract for the supply of water not sold in limited volume or quantity, and contracts for the supply and consumption of heat,
  • conclusion of a contract for the supply of digital content not supplied on a tangible medium;

b) Within 30 days from the conclusion of the contract in the case of unsolicited visits or promotional events, or in connection therewith.

12.2. If the Seller provided the Consumer with specific information regarding the right of withdrawal only subsequently, but no later than 12 months from the start of the withdrawal period under Clause 12.1, the Consumer may withdraw:

a) Within 14 days from the date the Seller fulfilled the information obligation, if Clause 12.1(a) applies;

b) Within 30 days from the date the Seller fulfilled the information obligation, if Clause 12.1(b) applies.

12.3. If the Seller failed to provide the Consumer with specific information regarding the right of withdrawal under Clause 12.2, the Consumer may withdraw from the contract within 12 months after the expiry of the period under Clause 12.1.

12.4. Goods are considered received by the Consumer at the moment the Consumer or a third party designated by the Consumer (excluding the carrier) takes possession of all parts of the ordered goods, or:

a) If goods ordered in one order are delivered separately, at the moment the last item is received;

b) If goods consist of multiple parts or pieces, at the moment the last part or piece is received;

c) If goods are delivered repeatedly over a period, at the moment the first item is received.

12.5. The Consumer may withdraw from a distance or off-premises contract for the delivery of goods even before the withdrawal period begins.

12.6. The Consumer may exercise the right of withdrawal in writing or via another durable medium. If the contract was concluded orally, any clearly worded statement expressing the Consumer’s intention to withdraw (hereinafter referred to as the “notice of withdrawal”) shall suffice. The Consumer may use a model withdrawal form.

12.7. The withdrawal period under Clauses 12.1 to 12.3 is deemed to be observed if the Consumer sends the notice of withdrawal to the Seller no later than the last day of the period.

12.8. The Consumer may withdraw only in relation to specific products, if the Seller delivered or provided multiple products under the contract.

12.9. The burden of proof regarding the exercise of the right of withdrawal lies with the Consumer.

 XIII. Rights and Obligations of the Consumer After Withdrawal from a Distance Contract
or a Contract Concluded Outside the Seller’s Business Premises

13.1. The Consumer is obliged to return the goods or hand them over to the Seller or a person designated by the Seller within 14 days from the date of withdrawal under Clause 12.1; this does not apply if the Seller offers to collect the goods personally or via a designated person. The deadline is considered met if the goods are sent to the Seller no later than the last day of the period.

13.2. Upon withdrawal under Clause 12.1, the Consumer bears only the cost of returning the goods to the Seller or the designated person, unless the Seller agreed to bear the costs or failed to fulfil the information obligation regarding the right of withdrawal.

13.3. The Consumer is liable for any diminished value of the goods resulting from handling beyond what is necessary to determine the nature and functionality of the goods; this does not apply if the Seller failed to fulfil the information obligation under § 15(1)(f) of Act No. 108/2024 Coll.

13.4. The Consumer is obliged to pay the Seller for any services actually provided up to the date of delivery of the notice of withdrawal, if the Consumer withdraws from a distance or off-premises contract for services, water supply (not sold in limited volume or quantity), or heat supply, and gave express consent before commencement under § 17(10)(c) of Act No. 108/2024 Coll. The price shall be calculated proportionally based on the total agreed price. If the agreed price is excessive, the market price shall apply.

13.5. The Consumer shall not incur any obligations or costs from exercising the right of withdrawal under Clause 11.1, except those specified in Clauses 13.1, 13.3 to 13.5, and the obligation to pay additional costs under Clause 14.3.

 XIV. Rights and Obligations of the Seller Following the Consumer’s Withdrawal from a Distance Contract
or a Contract Concluded Outside the Seller’s Business Premises

14.1. The Seller is obliged to refund the Consumer all payments received under or in connection with a distance contract, a contract concluded outside the Seller’s business premises, or a supplementary contract, including costs of transport, delivery, postage, and other charges, within 14 days from the date of receipt of the notice of withdrawal.

14.2. The Seller must refund the Consumer all payments under Clause 14.1 proportionally, if the Consumer has not withdrawn from the entire contract. The Seller may not charge the Consumer any additional costs for transport, delivery, postage, or other fees.

14.3. The Seller is not obliged to reimburse additional costs if the Consumer expressly chose a delivery method other than the least expensive standard delivery offered by the Seller. Additional costs refer to the difference between the chosen delivery method and the least expensive standard delivery offered.

14.4. The Seller may not require the Consumer to pay for:

a) the provision of services, supply of water not sold in limited volume or quantity, or supply of heat during the withdrawal period under Clauses 12.1 to 12.3, regardless of the extent of performance, if:

  • the Seller did not provide the Consumer with information under § 15(1)(f) or (h) of Act No. 108/2024 Coll., or
  • the Consumer did not give express consent to commence the service or supply under § 17(10)(c) of Act No. 108/2024 Coll.

b) full or partial delivery of digital content not supplied on a tangible medium, if:

  • the Consumer did not give express consent to commence delivery under § 17(10)(c) of Act No. 108/2024 Coll.,
  • the Consumer did not declare that they were duly informed of the loss of the right to withdraw, or
  • the Seller did not provide confirmation under § 17(12)(b) or § 17(13)(b) of Act No. 108/2024 Coll.

14.5. The Seller is not obliged to refund payments under Clause 14.1 before the goods are returned or the Consumer proves they have sent the goods back, unless the Seller offers to collect the goods personally or via a designated person.

14.6. The Seller must refund payments using the same method used by the Consumer, unless otherwise agreed and provided no fees are charged to the Consumer.

14.7. If goods were delivered to the Consumer’s home under a contract concluded outside the Seller’s business premises and cannot be returned by post due to their nature, the Seller must arrange collection at their own expense within the period under Clause 14.1.

14.8. Unilateral set-off of claims between the Seller and the Consumer arising from withdrawal under Clause 11.1 is prohibited.

 XV. Supervisory Authority

15.1. The competent authority overseeing legality in the field of consumer protection is:

Inspectorate of the Slovak Trade Inspection
based in Nitra for the Nitra Region
Staničná 9,
P. O. BOX 49A,
950 50 Nitra 1
Department of Supervision
Tel.: +421 37 772 02 16
Fax: +421 37 772 00 24
Email: nr@soi.sk
Online complaint submission: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

 XVI. Alternative Dispute Resolution

16.1. If the Consumer is dissatisfied with how the Seller handled their complaint or believes their rights have been violated, the Buyer may request remedy from the Seller. If the Seller rejects the request or fails to respond within 30 days, the Consumer may initiate alternative dispute resolution under § 12 of Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution.

The competent entity for alternative dispute resolution with the Seller is the Slovak Trade Inspection (contact https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi)or another authorized legal entity listed in the register maintained by the Ministry of Economy of the Slovak Republic (list available on www.mhsr.sk or: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1).

The Consumer may choose which entity to contact. They may also use the online dispute resolution platform available at: http://ec.europa.eu/consumers/odr/ or https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Alternative dispute resolution is available only to Buyers acting as Consumers. It applies solely to disputes arising from or related to consumer contracts concluded at a distance. The ADR entity may reject the proposal if the value of the dispute does not exceed €20. A fee of up to €5 including VAT may be charged for initiating the procedure.

Further information is available on the Ministry of Economy’s website: www.mhsr.sk  and in Act No. 391/2015 Coll.

 XVII. Supplementary Provisions

17.1. The Seller shall not conclude a purchase contract or sell, mediate, or deliver alcoholic beverages, tobacco products, or other goods prohibited for persons under 18 years of age. The Seller shall verify the Buyer’s age by checking their ID (identity card or passport) upon delivery. This verification shall be performed by the authorized delivery person. If the Buyer is under 18 or refuses to prove their age, the Seller shall not deliver the order and the contract shall be terminated.

 XVIII. Information on Adopted Codes of Conduct

18.1. The Seller informs Consumers that no specific codes of conduct have been adopted. A code of conduct refers to an agreement or set of rules defining the Seller’s behavior in relation to specific commercial practices or sectors, provided such rules are not established by law or public authority, and the Seller has committed to comply with them.

 XIX. Consumer Product Reviews

19.1. The Seller does not restrict product reviews solely to persons who have purchased the product from the Seller.

 XX. Final Provisions

20.1. The Seller reserves the right to amend these General Terms and Conditions. Written notice of changes is deemed fulfilled by publishing them on the Seller’s Website. In case of changes, the relationship between the Buyer and the Seller shall be governed by the version of the Terms valid at the time of contract conclusion.

20.2. These General Terms and Conditions form an integral part of the Complaints Procedure and the Privacy Policy published on the Seller’s Website.

20.3. These General Terms and Conditions become valid and effective upon publication on the Seller’s Website on 04.07.2024.

 

This English version of the General Terms and Conditions is a translation of the official Slovak version, which was drafted by legal professionals.

In the event of any discrepancy between the Slovak and English versions, the Slovak language version shall prevail and be deemed legally binding.

 

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