General commercial terms and conditions for purchase on the “FiskalPRO” portal
Purchase of goods can be realised by either legal or natural persons (hereinafter as “the Consumer”) via the Internet portal portal.fiskalpro.eu provided that they will follow rules stated below.
Provider of the Internet shop is:A3 Soft s.r.o.Továrenská 98/4, Púchov 020 01Registered in the Commercial Register of the County Court Trenčín, section Sro, insert no. 14910/R.Company ID: 36337960Phone: 042/4711642E-mail: email@example.com(hereinafter as “the Seller”).
I.Order of goods
1. The Consumer orders goods of the Seller via trade system on the Internet site portal.fiskalpro.eu by written order form via e-shop.
2. Such order is considered as binding and as a distance contract, in accordance with the Act of the National Council of the Slovak Republic No. 108/2000 Coll. as subsequently amended and regulated.
3. At each order every natural and legal person – an enterpreneur has to state name and surname, postal and invoice address, phone and fax number, e-mail, Company ID, VAT identification No., VAT No., name of goods, description of goods, number of pieces, date of order, (order via e-shop complies these conditions automatically).
4. Such data will be used only within business relation between the Seller and the Consumer and will not be provided to the third party (with the exception of person providing delivery of goods) in accordance with the Act on personal data protection of the National Council of the Slovak Republic No. 122/2013 Coll.
5. This order will be registered in the system of the Seller after order delivery and at this time business relation between the Seller and the Consumer is established.
6. The Consumer will have the right to cancel an order without fee, that is until 24 hours from sending electronic order via e-shop portal.fiskalpro.eu. It is possible to cancel an order only in written e-mail form. The Seller will notify the Consumer about confirmation of cancellation also only in written form. Written form is required for supported cancellation document for the Seller and abort order.
7. If order is cancelled after 24 hours, the Seller will charge cancellation fee up to amount of 50% from purchase price of goods excluding VAT.
II.Providing information about goods
The Seller will provide information about offered goods to the Consumer upon request by phone or by e-mail on Monday – Friday from 7:30a.m. to 4:00p.m.
The Seller will send ordered goods up to 3 – 7 days from the date of registering an order.When paying by bank transfer, goods will be dispatched after receipt provisions to the account of the Seller (applies to SR and CZ), in the case that the goods are in stock.
IV.Price, payment conditions and transfer fees
1. By mutual consent, the Consumer will pay by cash on delivery/cash deposit to the account of the Seller or to an invoice with falling due date.WARNING In the case of invoice payment, goods are in ownership of the Seller until payment is paid to the account of the Seller. The Seller may request for goods back after invoice past due date. Goods must be in the original pack with the original tags and must not be used, otherwise the Consumer will be liable for contingent damage to goods.
2. In the case of non-payment to an invoice in an agreed due date, the Seller is entitled to charge a contractual fine to the Consumer to amount of 1% from unpaid payment for each day of delay until the amount due will be credited to the account of the Seller.3. The Consumer will pay price for goods + shipping, perhaps even cash on delivery at transmission of goods.4. The Seller is not responsible for delay of goods delivery caused by a transport company.5. The Consumer will choose transport method via order form in e-shop or at another method of communication. The Consumer may choose following transport methods:
a) REMAX courierb) Slovak Postal Service
1. The Consumer undertakes to receive goods on an agreed date on the address stated in the order.
2. The Consumer is obliged to control physical integrity and delivery completeness at receiving goods. If consignment is visibly damaged and destroyed, the Consumer is obliged to contact the Seller without receiving goods and to draw up Consignment damage with the transport company. Any later claims of amount and physical product damage will not be accepted.
3. The Consumer will acquire property rights after paying full price to the account of the Seller and other payment amounts agreed upon in a distant contract. The Consumer will have all obligations of product bailee and will be obliged to keep goods safe on their own expense and mark goods so in any event they will be easily identified as goods of the Seller, until property rights will be transferred from the Seller to the Consumer who will hold goods.
4. The Seller is entitled to request for fulfilment of obligations, mainly price payment for goods, regardless of the fact that goods ownership has not been transferred to the Consumer.
5. Danger of goods damage is transferred to the Consumer at the moment of receiving goods by the Consumer or their representative.
VI.Withdrawal from the contract
1. When sold for wholesale trade, the Consumer is entitled to cancel order without fee, that is only on the day of the first contact of the Seller and the Consumer, i.e. on the day when order will be verified by the Consumer. It is possible to cancel order only in written form (by e-mail).
2. In the case that the Consumer will not meet the obligation stated in the Article Withdrawal from the contract, of these Commercial conditions, the withdrawal from the purchase contract will not be in full force and effect and the Seller will not be obliged to return purchase price to the Buyer and also will have claim to cost reimbursement associated with returning goods to the Seller.
3. It is possible to return goods within 14 days without reason. Goods must be in the original pack with tags and must not be used.
4. Buyer may not withdraw from the distant Purchase contract mainly in the following cases:
a) when the contract also contains providing service, if service was initiated before the end of period for withdrawal from the contract and with the Consumer consentb) when the subject-matter of the contract is sale of goods or service which price depends on price movements in financial market and the price will not be influenced by the Sellerc) when the subject-matter of the contract is sale of goods made to the specific requirements of the Consumer, or sale of product designated specifically for one Consumer, or sale of product which may not be returned in regard of its properties.
5. The seller reserves the right to cancel order (withdraw the contract) or its part, if:
a) goods are not produced or their production has stoppedb) the supplier has changed price of goodsc) price of goods was wrong
VII.Guarantee and service
1. Particular guarantee and service conditions are stated in respective letters of guarantee of particular goods obtained by the Consumer with goods purchase.
2. If not otherwise stated in letters of guarantee, guarantee period for performing the Consumers contract is determined at least to 24 months or exceeded on the basis of the expiry date of goods. The Consumer is a person who will not act in subject-matter of their commercial or other business activity in concluding and performing the Consumer contract. It is possible only to complain goods purchased from and paid to the Seller. To apply complaint, the Consumer is obliged to deliver (if nature of goods permits) goods which are under complaint – clean, not mechanically damaged, including manuals, a letter of guarantee, an invoice or another payment document of goods to the Seller. To apply complaint, the Consumer will follow instructions stated in letter of guarantee.
3. Guarantee authorisation will lapse in the case of mechanical damage of goods, operating goods in inappropriate conditions, unprofessional installation, not meeting particular standards on the part of the Consumer or person who installed goods, or if other than authorised person intervened into. Defects caused by natural disaster and incorrect manipulation are excluded from guarantee.
4. In the case of applying complaint it is recommended that the Consumer will inform the Seller via telephone that concerned goods show defect and the way it has appeared. Next steps for applying complaint will be recommended to the Consumer.
1. According to the character of ordered goods, the Seller is entitled to call the User upon personal examination and personal withdrawal of goods (mainly relating to costly goods, volume-consuming or weight-consuming goods). In such cases the Consumer will be contacted and next procedures will be agreed upon. If the Consumer has already paid purchase price, amount will be repaid unless otherwise agreed.
2. The seller reserves the right of price change. If price change will be made the Seller will contact the Consumer. The Consumer is entitled to cancel order in the case of price change.
3. The Buyer agrees that all legal essentials will be dealt with in the seat of company of the Seller, in locally and substantially applicable court.
4. The Consumer declares that they have taken note with these general conditions before fulfilling and applying order and they endorse with them. Regardless of other contract provisions, the Seller will not be responsible for loss of profits, opportunities of the Consumer or of any other indirect or subsequent loss from negligence, infringement of contract or otherwise incurred.
5. The Seller and the Consumer agreed that they fully acknowledge distance communication – telephone, fax (including hand-written order), electronic form of communication mainly via electronic mail and internet network as valid and binding for both parties.
These general commercial terms and conditions were made and provided in good faith for the purpose of fulfilling legal conditions and adjustments of sound business relationship between the Seller and the Consumer. If some regulations of these conditions will confute or will be entirely or partly unenforceable by competent authority of the Slovak republic, validity or enforcement of other regulations and remaining parts of particular regulation will remain unaffected. Rights of the Consumer in relation to the Seller will remain unaffected by conditions, arising from the Consumer protection Act No. 634/1992 Coll. as subsequently amended and regulated and the Consumer protection Act at door-to-door selling and at mail order selling No. 108/2000 Coll. of laws as subsequently amended and regulated.Legal relationships and conditions will be governed by relevant provisions of Commercial or Civil code, if expressly extra-legal relationships and conditions as well as contingent disputes arose from failure to comply these conditions. These commercial conditions will be governed by the Acts of the Slovak republic.
General conditions of the use of “SW FiskalPRO”
Company A3 Soft s.r.o., seat: Továrenská 98/4, Púchov 020 01, Slovak republic, Company ID: 36337960, registered in the Commercial Register of the County Court Trenčín, section: Sro, insert No.: 14910/R.
1. “Provider” means the company A3 Soft s.r.o., seat: Továrenská 98/4, Púchov 020 01, Slovak republic, Company ID: 36337960, registered in the Commercial Register of the County Court Trenčín, section: Sro, insert no.: 14910/R.
2. “User” is the third person, providing device in the Slovak republic who uses the device.
3. “Device” means the device with commercial designation “FiskalPro” which will be given to the Buyer by the Provider to use, enabling electronic turnovers evidence along with payment terminal function.
4. “Application” means the software solution installed in device, providing device use for electronic turnovers evidence.
5. “Service” means the providing electronic turnovers evidence via device.
6. “Transaction” means the price payment or its part for delivered goods or for provided service by device in shops of the User or any information transfer by device.
7. “Rules” means these General conditions of using “My cash-register” – JAS.
8. “Additional service” is the additional service provided to the Consumer by the Provider by device according to personal order of the User.
II.Registration of the User
1. The User will be enabled to use device and application for electronic evidence of turnovers providing that the User will successfully perform proper and full registration as the User of application by web interface provided on internet website portal.fiskalpro.eu where it is not possible to use device for electronic evidence of turnovers without successful registration.
2. The provider will authorise the User to use device after performing successful registration of the User pursuant to point 1. of this article, along with authorisation with using application in accordance with provisions of these rules.
III.Obligations of the User
1. The User will cover all costs associated with use of device.
2. The User is obliged to provide electricity connection of device with parameters 230 V / 50 kHz permanently or temporarily according to device type.
3. The User is obliged to provide proper use of device only for intended purpose of device.
4. The User is obliged to protect used device from damage, loss, theft or destruction and the User will conduct not to damage used device. The User will be fully responsible for caused damage to the Provider.
5. The User is obliged to enable the Provider or their representative examination of used device due to detection of contractual use by the User or due to detection of functionality and status of device.
6. Within the meaning of Article II of these rules, the User confirms that they were informed with the content of these rules and they understand their content.
7. Within the meaning of Article II of these rules, the User confirms they are aware that application is an author craft and any infringement of application without explicit consent of the Provider will be unlawful.
8. Within the meaning of Article II of these rules, the User confirms they are aware that any infringement of device without explicit consent of the Provider will be unlawful.
9. Within the meaning of Article II of these rules, the User confirms they are aware about that the User is obliged to fulfil registration and reporting obligations to a competent administrator of tax associated with electronic turnovers evidence and mentioned obligations will not be complied by the Provider for the User. The Provider will cover only operation of technical solution of electronic turnovers evidence.
IV.Consents of the User
1. By registering in the meaning of Article II of these rules, the User will authorise the Provider to provide or send marketing information to the User. By registering in the meaning of Article II of these rules, the User will authorise the Provider with providing identification and contact data of the User and their devices to the third person and that mainly in connection with use of device or application or with electronic turnovers evidence or in connection with providing or sending advertising and marketing information to the User.
2. By registering in the meaning of Article II of these rules, the User will authorise the Provider with processing of personal data of the User provided to the Provider or obtained by the Provider by registration of the User in the meaning of Article II of these rules or in connection with use of device or application for electronic turnovers evidence and that to the extent necessary to provide electronic turnovers evidence. By registering in the meaning of Article II of these rules, the User confirms information on their rights by the Provider in connection with processing personal data of the User, mostly information about:
a) that processing personal data is voluntary,b) about scope and purpose of processing personal data and about operators to whom processed data may be provided,c) about the right of the User to access processed personal data,d) about the right of the User to edit personal data,e) about the right of the User to request to eliminate dispute with Act at processing personal data.
By registering in the meaning of Article II of these rules, the User will authorise the Provider with processing personal data of natural persons acting on behalf of the User by registering in the meaning of Article II of these rules and by electronic turnovers evidence of the User, whereby the User declares and also confirms that personal data of natural persons, acting on behalf of the User, processes in accordance of Act and is entitled to authorise the Provider by processing personal data of natural persons acting on behalf of the User with the abovementioned.
3. By registering in the meaning of Article II of these rules, the User declares and confirms consent that the third person, providing transaction processing realised by means of device used by the User, to access the Provider to all information about transaction realised by device used by the User.
4. By registering in the meaning of Article II of these rules, the User declares and confirms consent for the Provider to access all information about transactions realised by device used by the User to the third person designated by the Provider.
5. By registering in the meaning of Article II of these rules, the User takes note and agrees that each phone call between the User and the Provider may be recorded and retained on recording medium for the purpose of controlling services from the Provider, for improving service quality from the Provider or for different reasons.
6. By registering in the meaning of Article II of these rules, the User declares and authorises the Provider with disclosing the User by the Provider as a person which is provided by electronic turnovers evidence by the Provider, whereby the Provider will decide whether to disclose mentioned information or not. For the purpose mentioned in the first sentence of this point, without payment the User agrees to provide identification data, addresses, logos, trademarks or other markings and other additional data of the User or their shops in the case of disclosing fact mentioned in the first sentence of this point.
7. The User takes note that the Provider is entitled to charge compensation of administrative costs associated with termination of Device operation – payment terminal and de-installation of Device – payment terminal at the User. The Provider is entitled to charge this fee for each Device in the case of Contract termination (Providing services by left device “A3 Pay FiskalPRO”) and that mainly if Services – payment services have not been actively used at least for 12 months. The level of fee for termination of Device operation – payment terminal will be 65€ excluding VAT and fee for Device – payment terminal de-installation at the User will be 120€ excluding VAT for each Device.
V.Cancellation of registration of the User
1. The User is entitled to cancel their registration made in the meaning of Article II of these rules by web range provided on internet site portal.fiskalpro.eu whereby registration cancellation will come to force on the first day of calendar month following after calendar month in which the User made registration cancellation.
2. The User is entitled to cancel their registration made in the meaning of Article II of these rules from the following reasons:
a) the User uses device without complying with these rules,b) the User uses application without complying these rules,c) the User made, tried to make or enabled interference in device,d) the User realised, tried to realise or enabled interference in application,e) the User infringed or did not fulfil any obligation or commitment of the User in the meaning of these rules, whereby cancellation of registration will be in force on the first day of calendar month following calendar month in which the Provider made cancellation of registration. The Provider will inform the User about cancellation of registration by electronic mail sent to e-mail address of the User.
3. In the meaning of this Article, the right of the User to use devices and application for electronic turnovers evidence will terminate on the day of cancellation of registration.
1. The provider is entitled to change, amend, cancel or replace these rules according to change of legislation, change in the market, change of trade policy or on the basis of their decision (hereinafter as “the Change of Rules”). The Provider is obliged to inform the User about the Change of rules together with its entry into force no later than 14 days in advance by electronic mail sent to e-mail address of the User and to disclose the Change of rules on internet site portal.fiskalpro.eu.
2. In the case of disapproval with the Change of rules by the User, the User will be entitled to cancel their registration made in the meaning of Article II of these rules, no later than on the last working day before the day of entry into force of the Change of rules for mentioned reason, otherwise the right of the User to cancel registration for mentioned reason will terminate. In the case that the User will not use the right to cancel their registration made in the meaning of Article II of these rules properly and timely in the meaning of this point, it will be valid that the User agrees with the Change of rules.
3. These rules come into force on 01.08.2016.