General terms and conditions

These General Terms and Conditions govern the rights and obligations of the buyer and QBS, s.r.o. with its registered office at Sklené Teplice 75, 96603, Slovak Republic, Company ID: 44 526 571, registered in the Commercial Register of the District Court Banská Bystrica, Section Sro, Entry No. 43187/S (hereinafter referred to as the “Seller”), which arise from the purchase contract concluded via the Internet, through e-shop located on the www.vratislavjanik.com website (hereinafter referred to as the “GTC”). The correspondence address of the company is: QBS, s.r.o., Sklené Teplice 75, 96603 Sklené Teplice. Based on the needs defined by the General Terms and Conditions, the basic terms are specified: The seller is the company QBS, s.r.o., which operates the www.vratislavjanik.com online store. Its subject is the purchase of goods through an online bookstore and is placed on the www.vratislavjanik.com website. The buyer is a customer who, on the basis of a purchase contract, enters into a contractual relationship with the seller. The supplier means a set of publishing houses and distributors cooperating with the seller and ensuring the delivery of goods for the purpose of meeting the subject of the purchase contract.

1. Purchase contract and order

The proposal for the conclusion of the purchase contract is sent by the buyer to the seller in the form of a completed form on the seller’s website (hereinafter referred to as the “order”). By ticking the box before sending the order, the buyer declares to be acquainted with these GTC of the seller.
Following sending the order, the buyer will receive an automatically executed notification of receipt of the order in the seller’s electronic system (hereinafter referred to as the “order delivery confirmation”) to the e-mail address specified in the order. If necessary, all other information regarding his order can be sent to the buyer’s e-mail address. The order delivery confirmation contains data that the seller has received the order, but it is not the acceptation of the proposal to conclude the purchase contract.
The seller will then send information to the buyer’s e-mail address whether the buyer’s order has been accepted (hereinafter referred to as the “order acceptance”). The order acceptance contains information on the name and specification of goods whose sale is the subject of the purchase contract, as well as data on the price of goods and/or other services, information on the expected delivery time of goods, name and data on the place where the goods are to be delivered and data on any price, conditions, method and date of transport of goods to the agreed place of delivery of goods to the buyer, data about the seller (business name, registered office, ID number, registration number in the Commercial Register, etc.), or other necessary data.
The purchase contract is concluded at the moment of delivery of the order acceptance in electronic or written form to the buyer (hereinafter referred to as the “purchase contract”).
The subject of the concluded purchase contract is the seller’s obligation to deliver the ordered goods to the buyer to the specified place of delivery and the buyer’s obligation to take over the goods at the place of delivery at the agreed time and pay the purchase price and the shipping price.

2. Purchase price and payment method

The purchase price is the price for the ordered goods, stated in the current offer of the seller’s online store, in the order, as well as in the order acceptance (hereinafter referred to as the “purchase price”). The purchase price and all fees in the online store are stated including VAT and set in EURO currency.
The purchase price is valid at the time of placing the order. If the purchase price stated in the order delivery confirmation is higher than the price for identical goods stated in the e-store offer at the time of sending the order by the buyer, the seller will deliver to the buyer an electronic message with information about the offer of a new purchase price in a different amount, which is considered to be the seller’s proposal to conclude a new purchase contract, which the buyer must explicitly confirm by e-mail or in writing, in order to validly conclude the purchase contract.
Promotional prices of goods are valid while stocks last, unless otherwise specified for a particular product.
The purchase price does not include the shipping costs to the place of delivery and the buyer will be charged separately according to the type of shipping chosen by the buyer in the order.
After concluding the purchase contract, the buyer undertakes to pay the purchase price to the seller in one of the following ways:

– electronic banking (CardPay, PayPal, Google pay, Apple Pay)

– payment on prepayment invoice (pro forma invoice) (only for companies and organizations)

– payment by invoice (only for schools and state institutions)

6. The purchase price is considered paid at the moment of crediting the purchase price to the seller’s account specified in the order confirmation or handing over the purchase price to the carrier.

3. Cancellation of the order

Cancellation of the order by the buyer

The buyer may cancel the order no later than the time of removal from storage, by e-mail at store@vratislavjanik.com.

2. Cancellation of the order by the seller

The seller reserves the right to cancel the order or its part in the following cases:

– the goods are no longer produced or supplied or the price of the supplier of goods has changed significantly.

– it is not possible to contact the buyer (incorrectly stated phone number, unavailable, does not respond to e-mails, etc.).

In the event that this situation occurs, the seller will contact the buyer to agree on the next steps. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to the bank account from which the purchase price was paid or to the address within 14 days.

4. Delivery terms

The buyer is obliged to take over the goods in person at the agreed place and time or ensure their receipt. Upon receipt of goods, the buyer shall confirm in writing by his signature the receipt of the consignment in the case of cash on delivery. The buyer receives an accounting document (invoice), which also serves as a warranty card, by e-mail (unless requested otherwise).

2. The seller’s obligation to deliver the goods is fulfilled by handing over the goods to the buyer or the authorized person specified in the order.

3. The obligation to deliver the goods shall be deemed to have been fulfilled even if the customer does not take over the goods at the agreed time and place, or refuses to take over the goods. If the customer does not take over the goods without prior written withdrawal from the contract, the seller has the right to demand from the buyer reimbursement of costs associated with returning the goods. Redelivery of shipment is only possible by mutual agreement.

4. The seller is not responsible for delayed delivery of goods caused by an incorrectly stated address of the buyer. The customer acquires ownership of goods by taking them over at the place of delivery.

5. The delivery period within which the seller is obliged to deliver the goods to the buyer is specified for each goods separately and means within how many working days from the conclusion of the purchase contract the seller usually dispatches the goods (hands over to the carrier) and depends on the availability of goods at the seller’s warehouse or suppliers. The delivery time is indicative.

6. The seller sends the goods that are in stock on the e-shop immediately and their delivery depends on the type of shipping the goods chosen by the buyer.

7. Delivery of goods available at the supplier’s warehouse is within 5-21 days with regard to the type of shipping the goods chosen by the buyer.

8. Unless the seller and the buyer have agreed otherwise in the purchase contract, the seller is obliged to deliver the item to the buyer without no delay, no later than 30 days from the date of conclusion of the purchase contract. If the ordered goods or part of the goods from the order cannot be delivered by the seller within the aforementioned period, the seller shall inform the buyer of this situation as soon as possible and notify the buyer of the expected date of delivery of the goods or propose the delivery of replacement goods. If the seller fails to deliver the goods even within an additional period, the seller has the right to withdraw from the contract. In case of payment of the purchase price or a part thereof, the buyer will be refunded within 14 days.

9. For each shipment, the customer will receive an original tax document (invoice) by email, unless he wishes otherwise, which also serves as a warranty card.

5. Type of shipping the goods to the place of delivery

The buyer has the right to choose the type of shipping the goods through delivery companies to be specified in the process of ordering goods (hereinafter referred to as the “carrier”). The buyer’s choice confirms the place and type of delivery.
The seller offers the following types and prices of shipping for the goods listed here.
The buyer acknowledges that the shipping price is added to the purchase price of goods according to the chosen type of order shipping. You can find the amount here.

6. Warranty period and complaint about goods

Each goods sold is subject to a statutory warranty period of 24 months, in the case of used goods and goods from the bazaar 12 months, beginning on the day of receipt of the goods by the customer, unless stated otherwise by us. For the food assortment (products such as coffee, tea or snacks), the expiry date (date of minimum durability) is marked on the packaging, the delivered goods have a minimum shelf life of 2 months, in case of a shorter expiration period, the customer is contacted by e-mail or phone and the goods dispatchedonly after the buyer’s consent. The warranty period begins on the day of receipt of the goods by the customer.

2. The warranty period begins from the receipt of the goods by the buyer. If the claimed goods are delivered to the buyer by the carrier, the warranty period begins to run from the receipt of goods from this carrier.

3. The warranty does not apply to goods that have been mechanically damaged or have been destroyed by unprofessional handling of the client. Damage to the goods must be reported within 48 hours of receipt of the shipment by e-mail to store@vratislavjanik.com

4. Warranty service is provided by the e-shop operator. The address for complaints is: QBS, s.r.o. (Complaints), Sklené Teplice 75, 96603, or in the case of an e-book to the address store@vratislavjanik.com subject: “Complaints”.

5. The complaint means the application of liability for defects in goods or services.

6. Together with the claimed goods, the buyer is obliged to send or hand over to the seller a copy of the accounting document on payment of the purchase price, which also serves as a warranty card, if issued, as well as describe the reason for the complaint. Without these documents, the case will not be accepted for complaint. In the description of the reason for the complaint, the buyer is obliged to define definitively and comprehensibly the claimed facts and the rights exercised against the seller from liability for defects.

7. The seller is obliged to decide on the complaint without no delay, in justified cases, but no later than within 30 days from its delivery.

8. The warranty covers defects in the goods purchased from the seller, for which the manufacturer, supplier or seller is responsible. The buyer is obliged to check the goods immediately after receiving the shipment.

9. The buyer sends or delivers the claimed goods in person to the address: QBS, s.r.o. (Complaints), Sklené Teplice 75, 96603, or in the case of an e-book to the address store@vratislavjanik.com subject: “Complaints”.

10. If the buyer finds any difference between the proof of purchase and the purchased goods (in type or quantity), or if the buyer has not received a correctly completed proof of purchase with the purchased goods, the buyer is obliged to inform the seller of this fact immediately, but no later than within 48 hours after receipt of the shipment, by sending an e-mail to the seller’s e-mail address (store@vratislavjanik.com). If the shipment is not complete, or has an obvious defect that the buyer could have discovered by checking the shipment upon delivery of the goods and did not notify the seller’s representative thereof, later complaints of this kind will be accepted only if the buyer proves that the goods already had the claimed defects at the time of their receipt by the buyer.

11. If it is a defect that can be removed, the buyer has the right to have it removed free of charge, in a timely and proper manner.

12. Instead of removing the defect, the buyer may require replacement of the item or, if the defect concerns only a part of the item, replacement of the part, unless the seller incurs disproportionate costs with regard to the price of the goods or the severity of the defect.

13. The seller may always, instead of removing the defect, replace the defective goods with faultless ones, or if the defect concerns only its part, replace the given part, if this does not cause serious difficulties to the buyer; if the goods are replaced.

14. If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the buyer has the right to the item replacement or has the right to withdraw from the contract. The same rights belong to the buyer if these are removable defects, but the buyer cannot properly use the item due to the recurrence of the defect after the repair or due to a larger number of defects.

15. If it is damaged goods that cannot be repaired, but the defect does not prevent the proper use of the goods, the buyer has the right to a reasonable discount on the price of the item.

16. If the seller sells defective or used goods at a reduced price for this reason, the buyer is not entitled to claim the defect for which the price was reduced. However, if the goods in question have another (other) defect with a reduced price, not related to the reduced price, the buyer has the right to complain instead of the right to exchange the goods.

17. If the buyer has the right to exchange goods or the right to withdraw from the contract, it is up to the buyer which of these rights to exercise. However, once the buyer has chosen one of these rights, the choice can no longer be unilaterally changed.

18. If the buyer has filed a claim for the goods within the first 12 months from the conclusion of the purchase contract, the seller may settle the claim by rejection only on the basis of an expert opinion or an opinion issued by an authorized, notified or accredited person or an opinion of a designated person (hereinafter referred to as “professional assessment of the goods”). Regardless of the outcome of the expert assessment, the seller may not require the buyer to pay the costs of the expert assessment of the goods or other costs related to the professional assessment of the goods.

19. If the buyer filed a claim for the product after 12 months from the conclusion of the purchase contract and the seller rejected it, the person who settled the complaint is obliged to state in the proof of claim settlement to whom the buyer can send the goods for expert assessment. If the buyer sends the goods for expert assessment to the designated person specified in the proof of claim handling, the costs of the professional assessment of the goods, as well as all other related purposefully incurred costs, shall be borne by the seller, regardless of the result of the expert assessment. If the buyer proves the seller’s liability for the claimed defect of the goods by expert assessment, he may refile the complaint; during the expert assessment of the goods, the warranty period does not expire. The seller is obliged to reimburse the buyer within 14 days from the date of the re-applied complaint all costs incurred for the expert assessment, as well as all related purposefully incurred costs. A re-applied claim cannot be rejected.

20. The buyer will be informed about the result of the complaint immediately after the end of the complaint procedure by phone or e-mail and at the same time a copy of the complaint protocol will be delivered to the buyer together with the claimed goods.

21. Complaint settlement means the termination of the complaint procedure by handing over the repaired goods, replacing the goods, returning the purchase price of the goods, paying a reasonable discount on the price of the goods, a written request to take over the performance or its justified rejection.

22. Rights arising from liability for defects expire if they have not been exercised in the warranty period in the above manner.

7. Withdrawal from the contract

The buyer is entitled to withdraw from the purchase contract without giving any reason in accordance with the provisions of § 7 et seq. of the Act No. 102/2014 Coll. on consumer protection when selling goods or providing services under a distance contract or a contract concluded outside the business premises of the seller and on amendments and supplements to certain acts (hereinafter referred to as the “Act on Consumer Protection in Distance Selling”) within 14 days of receipt of the goods, or from the date of conclusion of the service contract or the contract for the provision of electronic content not supplied on a tangible medium, if the seller has timely and properly fulfilled the information obligations under the provisions of § 3 par. 1 letter h) of the Act on Consumer Protection in Distance Selling. The customer may withdraw from the contract in accordance with the provisions of § 7 et seq. of the Act No. 102/2014 Coll. on consumer protection when selling goods or providing services even before the start of the withdrawal period.
It is possible to withdraw from the contract in a demonstrable way – in writing or by e-mail using the withdrawal form attached to these GTC.
After withdrawing from the contract, the buyer is obliged to deliver the goods to which the withdrawal applies to the seller / not as cash on delivery / to the address QBS, s.r.o. (Complaints), Sklené Teplice 75, 96603, or in the case of an e-book to the address store@vratislavjanik.com with the subject: “Complaints” or hand over the goods in person to the seller no later than within 14 days from the date of delivery of the withdrawal notice. The seller is obliged to take over the delivered or personally handed over goods from the buyer. A copy of the tax document sent by the seller with the goods must be attached to the shipment.
The seller is obliged to return to the consumer without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal, all payments received from the buyer under or in connection with the contract, including shipping, delivery and postage costs and other costs and fees, to the bank account from which the buyer paid the purchase price. The seller is not obliged to return payments to the buyer before the goods are delivered to the seller or until the buyer proves that the goods have been sent back to the seller.
The seller is not obliged to reimburse the buyer for additional costs, if the consumer has expressly chosen a method of delivery other than the cheapest standard method of delivery offered by the seller. Additional costs mean the difference between the cost of delivery chosen by the consumer and the cost of the cheapest standard method of delivery offered by the seller.T
The buyer is responsible for any reduction in the value of goods. In the event that the buyer delivers goods with a reduced value that are used, damaged or incomplete, the buyer will reimburse the seller for the costs incurred in connection with the repair of goods and their restoration to their original condition.
If the buyer withdraws from the contract, the buyer will bear the costs of returning the goods to the seller under § 10 par. 3 of the Act No. 102/2014 Coll. and, if the buyer withdraws from the distance contract, also the costs of returning the goods, whichdue to their naturecannot be returned by post within the meaning of the provisions of § 3 par. 1 letter i) of the Act on Consumer Protection in Distance Selling.
Pursuant to the Act on Consumer Protection in Distance Selling, the buyer may not withdraw from the contract, the subject of which is in particular:

– the sale of goods made according to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,

– the sale of goods which are subject to rapid deterioration or perishability,

– the sale of phonograms, video recordings, phonograms or computer software sold in protective packaging, if the consumer has unpacked the packaging,

– sale of books not supplied in protective packaging and sale of periodicals

– the provision of electronic content other than on a tangible medium, if its provision has begun with the express consent of the consumer and the consumer has stated that he has been duly informed that by expressing this consent he loses the right of withdrawal.

8. Information on the possibility and conditions of dispute resolution through the alternative dispute resolution system (hereinafter referred to as “ADR”)

If the buyer is not satisfied with the way in which the seller handles his complaint or if he believes that the seller has violated his rights, he has the right to contact the seller with a request for redress. If the seller rejects the buyer’s request or does not respond to it within 30 days from the date of its dispatch, the buyer has the right to submit a proposal to initiate an alternative dispute resolutionto an alternative dispute resolution entity (hereinafter referred to as the “ADR entity”) pursuant to the Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes (hereinafter referred to as the “ADR Proposal”).
The alternative dispute resolution does not apply to disputes where the quantifiable value of the dispute does not exceed 20 EUR. The ADR entity is the Slovak Trade Inspection or another legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (hereinafter referred to as the “Ministry”). The proposal for alternative dispute resolution may be submitted by the buyer in paper form, in electronic form, or orally in the minutes; As the buyer, you can use the online dispute resolution platform available on the http://ec.europa.eu/consumers/odr/ website to submit an alternative dispute resolution proposal. ADR led by the Slovak Trade Inspection Authority is free of charge, another ADR entity may require the buyer to pay a fee for initiating an alternative dispute resolution up to a maximum of 5 EUR including VAT. The ADR entity shall, in principle, conclude the proceedings within 90 days from the date of their opening.

9. Customer Service

Customer e-mails received at the address store@vratislavjanik.comwill be processed by the Seller’s customer team as soon as possible, no later than within 10 working days of their receipt.

10. Terms of use of the gift voucher

The gift voucher can be redeemed for the purchase of goods in the online store www.vratislavjanik.com until the date specified as the validity of the voucher.

2. When ordering goods, the voucher code is entered in the “Voucher code” field and its value is deducted from the value of the purchased goods. The seller verifies its validity, after successful verification the voucher is redeemed and deactivated.

3. Each voucher is provided with a unique number, expiration date, value and terms of use.

4. The value of the voucher shall be indicated on each voucher as the amount including VAT.

5. If the total amount of the purchase is greater than the value of the voucher, the customer will pay only the remainder of the amount. If the total amount is less than the value of the voucher, the remainder of the value without refund shall be forfeited. A maximum of one gift voucher can be used per order.

6. The seller is not responsible for lost, stolen vouchers, or unique serial numbers of vouchers. The voucher is transferable and can be redeemed by anyone who proves knowledge of an active unique voucher number when purchasing goods.

7. The voucher is not a security. Gift voucher cannot be exchanged for cash.

8. Unless otherwise stated, the gift voucher can only be used for the purchase of goods, it does not apply to services, postage and other fees.

9. In the case of returning goods paid for by a gift voucher, the amount of these goods is returned by means of a new voucher in the value of the returned goods.

11. Foundation

When placing an order on www.vratislavjanik.com, the buyer may, before confirming it, consider whether he wants to round off the total amount of his order and contribute the entire difference to the account of the non-profit organization VratislavJaník Foundation. If he decides to do so, the seller will send the difference in full to the account of the specified organization. On the buyer’s invoice, this amount will be indicated as a separate item. The seller points out that if the buyer has paid for the order in advance or has already taken over and paid (whether during personal collection or cash on delivery) and subsequently decides to return the order with a request for a refund, the seller does not refund this amount, because it is already transferred to the account of the non-profit organization Vratislav Janík Foundation.

12. Registering and creating an account

Through the www.vratislavjanik.com website, a user of the site over 16 years of age can register (create a password for their account), while the created account makes it easier for the user to place further orders, provides the user with information on the status of their processing and also with an overview of all titles purchased so far.

13. Electronic content

Recycling fee – According to the statutory provisions of § 34 par. 1 letter d) and § 37 par. 1 letter a) and par. 3 of the Waste Act, the obligation to state the recycling fee when selling electrical equipment arises, if it was stated by the manufacturer of electrical equipment when placing the electrical equipment on the market. The recycling fee is stated on its packaging or label or on the tax or similar sales document. If electrical equipment comes from a manufacturer that is not registered in the Register of Manufacturers, all legal obligations pass to QBS, s.r.o.

2. E-books – When purchasing e-books, these conditions are extended by License Agreement and Terms of E–books Use.

14. Newsletter and e–mails from us

When registering or creating an order, the user of the site can choose whether the user wants to receive regular information from the seller about news on the book market (on average once a week). The option to send the newsletter can also be selected by a website user over 16 years of age individually on the site by entering their e-mail address, or by clicking on a link in the e-mail sent by the seller. The logged-in user of the site can unsubscribe from sending of newsletters at any time. The seller will also inform the buyer about the processing of the order and about the availability or unavailability of titles at the specified e-mail address. The seller may irregularly (maximum several times a year) send important information to all registered customers related to the operation of the www.vratislavjanik.com online store and the use of the user account. If the customer does not wish to receive e-mails, the customer is entitled to inform the seller about it by e-mail at store@vratislavjanik.com.

15. Final provisions

These GTC and any changes thereto shall enter into force on the day of their publication on the www.vratislavjanik.com website.
Legal relationships established by the purchase contract shall be governed by the provisions of the purchase contract (i.e. the content of the order and acceptance of the order), the provisions of these GTC, and the provisions of the relevant legal regulations.
In the event that any provision of these GTC is or becomes invalid, ineffective and/or unenforceable, this does not affect the validity, effectiveness and/or enforceability of the other provisions of these GTC, unless it is excluded by the very nature of such provision under the relevant legislation. The parties undertake without undue delay after they find out that any of the provisions of the purchase contract or these GTC is invalid, ineffective and/or unenforceable, to replace the provision in question with a provision by a new valid provision, the content of which will fulfill the purpose of the original provision to the greatest extent possible.

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