Terms and conditions
GENERAL TERMS AND CONDITIONS
I. Introductory Provisions
These general terms and conditions (hereinafter referred to as the “terms and conditions”) are issued pursuant to Act No. 40/1964 Coll., Civil Code (hereinafter referred to as the “Civil Code”)
Business seat: Dolný Smokovec 16038/38 059 81 Vysoké Tatry
(hereinafter referred to as “provider”)
Phone: +421 948 410 140
Address: Dolný Smokovec 16038/38 059 81 Vysoké Tatry
These terms and conditions regulate the mutual rights and obligations of the provider of products and services listed on the internet portal https://www.mikulasstefan.sk (hereinafter referred to as “products and/or services”) and a natural person who enters into a purchase contract outside of his business activity as a consumer ( hereinafter referred to as: “user”) through the web interface located on the website available at the Internet address https://www.mikulasstefan.sk or at the provider’s premises.
The terms and conditions are an integral part of the contract. Deviating provisions in the contract take precedence over the provisions of these terms and conditions.
The legal relationship between the provider and the user can also be established through means of communication that allow the conclusion of a contract without the simultaneous physical presence of the parties (hereinafter referred to as “means of remote communication”). Unless otherwise stated, these terms and conditions also apply to legal relationships concluded other than through means of distance communication (e.g. legal relationship concluded at the establishment).
Definition of terms:
Provider: Highlander s.r.o., ID: 51550989, registered office: Dolný Smokovec 16038/38 059 81 Vysoké Tatry. The provider provides products and services for users, which for the purposes of these terms and conditions are understood as:
counseling provided in the field of health or life situation at the provider’s premises (hereinafter referred to as “services”);
counseling provided in the field of health or life situation via audio recording (hereinafter referred to as “remote services”)
product/s under the title: the book “The Legacy of the Sunflower”, which for the purposes of these terms and conditions means a book, an audiobook or a combination of a book and an audiobook (hereinafter only “products”; together also “products and/or services”).
User: A natural person who uses the provider’s products and/or services. User means an unregistered user or a registered user. Registration is not mandatory for viewing publicly available information on the internet portal http://www.mikulasstefn.sk. The user uses or purchases products and/or services provided by the provider on the basis of the contractual relationship and these terms and conditions. Except for exceptions (products and/or services, the essence of which does not require registration), registration is required for the purposes of using/utilizing the products and/or services.
The content of the internet portal https://www.mikulasstefan.sk (hereinafter referred to as the “internet portal”) consists of the content of the provider and third parties.
II. Conclusion of contract, order of products and/or services
The contract between the user and the provider is concluded:
by paying an advance for the service, while the final price of the service will be indicated on the tax document issued by the provider, or
by completing and confirming the order for the purchase of the product by the user directly on the internet portal: https://www.mikulasstefan.sk
These terms and conditions published on the internet portal http://www.mikulasstefan.sk are an integral part of the contract between the user and the provider.
Before starting to use the products and/or services, the user is obliged to familiarize himself with the terms and conditions and express his agreement with them. This happens either implicitly as part of the booking/registration/conclusion of the contract/completion and confirmation of the order.
If the user does not understand any provision in these terms and conditions, he can contact the provider by phone or e-mail, which will provide him with all the necessary information.
The provider of the basic service provides unregistered users – i.e. free of charge and without any order – the possibility of accessing the freely accessible content of the internet portal https://www.mikulasstefan.sk.
The user agrees to the use of means of remote communication when concluding a legal relationship. The costs incurred by the user when using the means of remote communication (especially the costs of Internet connection, etc.) are covered by the user himself.
III. Price of products and/or services, payment terms
Provision of services
The price for the provision of services or remote services to the user for a fee is determined according to the scope of the service requested by the user. The price will always be communicated to the user before the conclusion of the contract and the provision of services.
Payment for the services provided is possible in cash or by bank transfer.
The price is payable in full no later than on the day of provision of the service or remote service (when paying in cash). In the case of payment by bank transfer, the final amount for the service or remote service must be credited to the provider’s account no later than 2 days before the scheduled provision of the service or remote service. The operator is entitled to request payment of the full price of the service before it is provided (Section 591 of the Civil Code does not apply).
When reserving a service date or remote service, a reservation deposit in the amount of – individual price (hereinafter referred to as “deposit”) is always paid
This makes this term binding for both parties. The deposit serves to cover the necessary personnel expenses associated with the preparation of the service and is non-refundable. In the event that it is not possible to pay the deposit on the day of the order, the date of service provision can only be reserved for a period of one week.
If the provider does not receive a deposit from the user even after one week has passed since the reservation was made (in cash, by crediting the account), the service date will be cancelled.
When providing a service or remote service, the deposit is included in the payment for the service (the paid deposit will be deducted from the final price of the service).
If the service does not take place due to reasons on the part of the user (in particular, that he does not arrive at the provider’s premises to provide the service on the day he has a reserved date for the service) and if he does not agree with the provider on changing the date of the services, the user agrees that instead of services (at the establishment) will be provided remotely.
Change of service date – in case of serious reasons, the date of service provision can be changed. The amount of the fee for this change depends on the timeliness of notification of this change by the provider:
15 or more days before the reserved date:
free of charge
7–14 days before the reserved date:
Free of charge
less than 7 days before the booked date:
The fee is deducted from the deposit. The remaining part of the deposit will be included in the payment for the service.
If the service or remote service has already been fulfilled (performed), the user does not have the right to demand payment for the services back from the provider. In the case of concluding a contract via means of distance communication, the provisions of Article 6 of these terms and conditions apply. In the case of defective provision of the service, then the provisions of Article 7 of these terms and conditions.
If, at the request of the user or for reasons on the part of the user, there is a change in the agreed scope of the provided services, the price of the provided services will also be changed.
The delivery of online products and/or products to the user for payment is always determined according to the provider’s current price list accessible on the internet portal http://www.mikulasstefan.sk.
The provider is entitled to change the price, its current wording for each product is always accessible on the internet portal http://www.mikulasstefan.sk.
After receiving an electronic order for the product sent directly to the provider’s internet portal http://www.mikulasstefan.sk, the provider will issue the user a tax receipt for the amount corresponding to the price for the delivery of the product according to the price list valid at the time.
Payment: The user has the option to pay for the products selected by him through the payment systems of the provider located on the internet portal http://www.mikulasstefan.sk. In the case of payment made in this way, the crediting of funds to the provider’s account is considered as payment for the products ordered by the user.
After receiving payment for the products or online products in full, the provider prepares and sends the user a tax document in the manner specified in Article 3, paragraph 3 of these terms and conditions.
IV. USER RIGHTS AND OBLIGATIONS
The User acknowledges and agrees that:
the same legal, moral and ethical rules apply to the use of online products and/or services as to any other form of public use of information,
the content of the products and/or services is continuously modified at the discretion of the provider, who may change, remove or otherwise modify their content at any time without the prior consent of the user or stop providing/supplying them completely.
violation of the terms and conditions by the user entitles the provider to immediately interrupt and/or completely stop the provision of services.
The user undertakes to provide true, complete and accurate data when registering for products and/or services and to notify the provider in writing of any changes to their provided identification data. In the event of a breach of this obligation, the data provided during registration are considered decisive, and the user is liable to the provider for damage caused by the breach of this obligation.
V. RIGHTS AND OBLIGATIONS OF THE PROVIDER
The provider provides the user with the opportunity to use products and/or services in accordance with these terms and conditions for a fee, while the provider has the exclusive right to any intervention in online products and/or services and/or these terms and conditions.
Changes to the provision of products and/or services and business conditions and the effective date of the current wording of the business conditions will be notified to the user electronically by publishing them on the provider’s internet portals or via an e-mail message delivered to the provider’s known electronic address of the user. If the user does not explicitly express his disagreement with these changes in writing no later than 14 days from the date of publication of the notice of the changes mentioned above, the changes are considered to have been agreed by the user and are effective against him on the effective date of the change.
VI. SPECIAL RIGHTS OF THE USER AS A CONSUMER
According to the provisions of § 3 paragraph 1 of Act No. 102/2014 Coll. on consumer protection (hereinafter referred to as the “Consumer Protection Act”) primarily the law:
– the right to withdraw from a contract concluded using means of distance communication
– the right to communicate information before concluding the contract (information is contained in these terms and conditions and on the web interface).
The consumer may withdraw from the contract within 14 days from the date of conclusion of the contract. Notice of withdrawal is sent to our delivery address or e-mail. A sample form can be used to withdraw from the contract. The provider will confirm receipt of the notification to the user.
Withdrawal from the contract does not need to be justified in any way.
By withdrawing from the contract, the contract is canceled from the beginning and is viewed as if it had not been concluded.
The user is obliged to return the products to our delivery address within 14 days of withdrawal from the contract. It is not possible to send the products on cash on delivery, the provider is not obliged to accept them. Returned products must be undamaged, unworn and unsoiled. The sender’s identification must be attached to the returned goods.
In the event of withdrawal from the contract, the provider is obliged to return to the consumer the funds received from the user on the basis of the contract. The money will be returned by the provider within 14 days of withdrawal from the contract, in the same way in which the funds were received or in another agreed upon way. However, the provider is not obliged to return the funds before the user returns the products or proves that he has already sent the products.
The costs associated with sending the returned products to the operator’s address are paid by the user, even if the products cannot be returned by the usual postal route due to their nature.
For products that are substantially damaged, worn, polluted or destroyed, either as a result of transport using unsuitable packaging or by the user, funds (or their part corresponding to the damage) cannot be returned. The provider is thus entitled to compensation for damages, which is entitled to be set off unilaterally against the user’s claim for the return of funds as a result of withdrawal from the contract. Therefore, only the amount reduced by the incurred damage will be refunded.
In accordance with the provisions of the Act on Consumer Protection in the case of a contract concluded using means of distance communication, this contract cannot be withdrawn if the service was performed with the consent of the consumer before the expiry of the period for withdrawing from the contract and before the conclusion of the contract the provider informed the consumer that in such a case, the consumer has no right to withdraw from the contract.
The provider is entitled to withdraw from the contract in the following cases:
– the service or product cannot be provided under the original conditions for objective reasons;
– performance becomes objectively impossible or unlawful;
– in cases of substantial violation of these terms and conditions by the user.
In the event that any of the above-mentioned facts occur, the provider will immediately inform the user of the withdrawal from the contract. Withdrawal is effective the moment it is delivered.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
The rights and obligations of the contracting parties regarding the provider’s responsibility for defects are governed by the relevant generally binding regulations, in particular the relevant provisions of Act No. 40/1964 Coll., Civil Code.
Rights from defective performance are applied to the provider in writing at the e-mail address http://www.mikulasstefan.sk. It is always necessary to properly specify the contractual relationship. The provider will decide on the complaint without delay, in complex cases within 3 working days. The complaint, including the removal of the defect, will be dealt with without undue delay, no later than 30 days from the date of proper application of the complaint.
VIII. PROTECTION OF PERSONAL DATA
The principles of protection and processing of personal data are modified here.
IX. FINAL ARRANGEMENTS
The legal relationship between the provider and the user is governed by Slovak law, in particular Act No. 40/1964 Coll., Civil Code. The terms and conditions are drawn up in the Slovak language.
The provider warns the user that the information on the internet portal http://www.mikulasstefan.sk may be partially taken from third parties, may contain material and technical inaccuracies or typographical errors and may be updated without prior notice. The provider may change the products and services described on the internet portal http://www.mikulasstefan.sk at any time without prior notice.
The terms and conditions become effective on the effective date of the newer terms and conditions. The current version of the terms and conditions is available 24/7 on the internet portal http://www.mikulasstefan.sk. It is available in printed form at the provider’s headquarters. Older versions of the terms and conditions are archived and can be provided by email upon request.
All disputes arising from the legal relationship between the provider and the user will primarily be resolved amicably. In the event of legal disputes, the court in the Slovak Republic will have local and substantive jurisdiction.
Alternative Dispute Resolution:
Alternative dispute resolution is a procedure aimed at achieving an amicable resolution of the dispute between its parties, i.e. between the provider and the user acting as a consumer. The body for alternative dispute resolution is the Slovak Trade Inspection. The consumer can find out about the conditions and the alternative dispute resolution platform at the following website: https://www.soi.sk/ In the event that a consumer dispute arises between the provider and the user-consumer arising from the contract, which cannot be resolved by mutual agreement , the consumer can submit a proposal for an out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is: Slovak Trade Inspection, Central Inspectorate – ADR Department, Bajkalská 21/A, 827 99 Bratislava, Slovakia, phone +421 2/582 722 03 , Email: firstname.lastname@example.org, Website: https://www.soi.sk. The consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
Out-of-court handling of consumer complaints is provided by the provider through the e-mail address: http://www.mikulasstefan.sk. the provider sends information about the handling of the complaint to the user’s e-mail from which the complaint was received; supervision in the area of personal data protection is carried out by the Personal Data Protection Office of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27, Slovak Republic; Supervision of compliance with the Act on Consumer Protection is carried out by the Slovak Trade Inspection.
These terms and conditions take effect on 1 January 2023