1. General provisions and definition of terms
1.1 These general terms and conditions (hereinafter referred to as “GTC”) apply to business relations between the buyer and the company softverovo s.r.o., with registered office at Ľudmily Kraskovskej 21, 851 10 Bratislava, IČO 54347947 (hereinafter referred to as “operator” or “seller”) concluded through the system of the electronic store www.softverovo.sk (hereinafter referred to as the “system”).
1.2 GTC govern the rights and obligations of the participants in a purchase contract concluded remotely via the www.softverovo.sk server between the seller and the buyer.
1.3 The rights and obligations of the parties to the purchase contract are governed by the legal regulation of the purchase contract according to section § 588 et seq. in connection with paragraph § 612 et seq. Act No. 40/1964 Coll., Civil Code.
1.4 Buyer means a natural or legal person registered in the system, who sent an electronic order processed by the store’s system after self-authorization.
1.5 Electronic order means a sent electronic form, containing information about the buyer, a list of ordered goods from the electronic store offer and the price of these goods, processed by the store’s system or an e-mail sent to the seller’s address.
2. Order
2.1 The condition for the validity of an electronic order is the true and complete filling in of all the required data and details, including telephone contact, in the registration form.
2.2 All received electronic orders are considered a draft contract and are considered binding.
2.3 The purchase contract, on the basis of which the sale of goods is carried out by the seller to the buyer, is created on the basis of a binding confirmation of the order in the system. The order (or part of it) confirmed by the seller’s e-mail is considered binding for both parties, if there is no violation of the conditions agreed upon at the time of confirmation, and then the relationship between the customer and the company softverovo s.r.o. is also established.
2.4 The content of the order (exact specification of the goods and their number), the price for the goods and transport, the method of delivery, the method of payment for the goods are considered essential conditions.
3. Order cancellation
3.1 Cancellation of the order by the buyer
The buyer has the right to cancel the order without giving a reason at any time before its binding confirmation by the seller. After the binding confirmation of the order, only if the seller does not fulfill the agreed terms of delivery. In case of cancellation of the confirmed order, the buyer is obliged to reimburse the seller for the damage caused by this transaction. The seller will exercise the right to compensation for damage mainly in the case of the purchase of goods “to order”, which had to be procured at the customer’s request or in the event that demonstrable costs have already been incurred in connection with securing the goods. The cancellation fee can be up to 50% of the total price of the goods.
3.2 Cancellation of the order by the seller
The seller reserves the right to cancel the order or part of it in the following cases:
- in the case of a cash on delivery order, it was not possible to confirm the order (incorrect telephone number, unavailable, does not respond to e-mails, etc.)
- in the event that the buyer did not take delivery of the goods in the past or violated the terms and conditions in another way
- the goods are no longer produced or supplied or the price of the supplier of the goods has changed significantly. If this situation occurs, the seller will immediately contact the buyer in order to agree on the next procedure. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address within 15 calendar days.
- in case the customer has not paid the price for the order within 3 weeks of receiving it, with the exception of cash on delivery
4. Withdrawal from the purchase contract (mail order) and return of goods
4.1 Withdrawal from the purchase contract by the buyer
The buyer has the right in accordance with the Act on Consumer Protection in Mail Order No. 108/2000 Coll. withdraw from the purchase contract within 14 days of receiving the goods. In the case of exercising this right, the buyer is obliged to comply with the conditions and procedure specified in point 4.2. GTC.
4.2 How to proceed in case of withdrawal from the purchase contract
Due to the fact that in case of withdrawal, the contract is canceled from the beginning, the supplier returns or replaces the buyer and the buyer to the supplier all mutually accepted performance.
If the customer decides to withdraw from the contract within the period specified in point 4.1, he is obliged to comply with the following conditions:
- contact us (see contact) with a request to withdraw from the contract, stating the order number, name and surname, date of purchase and your account number or address for refund.
- if the buyer has already received and accepted the goods, he will send them back to our address listed in the contact section under the following conditions:
- the goods must not be used
- the goods must be complete
- send together with the proof of purchase – invoice
If all the above conditions for returning the goods are met, we will send you the money for the goods by transfer to your account, no later than 14 working days after the physical receipt of the goods.
The goods must be sent registered and insured, as we are not responsible for their possible loss on the way to us. Cash on delivery shipments will not be accepted.
If any of the above conditions are not met, withdrawal from the order will not be accepted and the goods will be returned at the sender’s expense.
4.3 Return of goods
The customer is entitled to withdraw from the contract without giving a reason in accordance with sec. § 7 of Act no. 102/2014 Coll. on consumer protection during distance sales within 14 days from the receipt of the goods or from the date of conclusion of the contract for the provision of electronic content not delivered on a physical medium (e.g. e-books, software, etc.). In the event that the goods were delivered separately within one order, the withdrawal period runs from the moment of receipt of the goods that were delivered last. The customer can withdraw from the contract even before the expiry of the withdrawal period. If the customer withdraws from the contract, this also cancels any additional contract related to it.
In accordance with sec. § 7 par. 6 of Act no. 102/2014 Coll. the customer cannot withdraw from the contract, the subject of which is:
- sale of books not supplied in protective packaging and sale of periodicals,
- sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the customer has unpacked this packaging, or after obtaia unique product number enabling the installation and activation of the software,
- provision of electronic content other than on a physical medium, if its provision began with the express consent of the customer and the customer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract,
- sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery, e.g. goods of a textile nature.
You are obliged to exercise the right to withdraw from the contract in writing in the form of a document or in the form of an entry on another durable medium (e-mail).
The period for withdrawal from the contract is considered to have been observed if you sent the notice of withdrawal from the contract no later than the last day of the period.
By withdrawing from the contract, the purchase contract (or contract for the provision of electronic content not delivered on a physical medium) is canceled from the beginning. In accordance with sec. §517 par. 1 of the Civil Code, the customer may withdraw only in relation to part of the subject of the contract (if the subject of the contract or binding order was the delivery of several titles), and in that case the contract is canceled only in this part.
5. Price conditions
5.1 The price of the products represents the final price, the price including VAT, since we are VAT payers
5.2 The prices of postage and packaging are listed in point 6
5.3 The buyer has the option to pay in the following currencies: EUR
6. Postage and packaging
6.1 The company softverovo s.r.o. charges the packaging in the price of postage and packaging
6.2 The cost of postage is the final price and is given as a flat rate of EUR 4.50
6.3 Personal pick up is not possible
6.4 Postage and packaging for deliveries to the territory of the member states of the European Union, or of other states is determined individually on the basis of a written agreement (by email) between the buyer and the seller.
7. Conditions and possibility of payment for goods
7.1 By a one-time transfer from the account to the bank connection of softverovo s.r.o., specified in the email notification.
7.2 By paying cash on delivery when receiving the goods at the post office.
7.3 Payment by payment card through the CardPay system from Tatra banka, a.s., as part of the order process in our virtual store.
7.4 If the price for the delivered products is not paid in full, the seller has the right to suspend further deliveries of goods until the price is paid.
8. Delivery conditions
8.1 Deliveries of the subject of performance (ordered goods) will be dispatched as soon as possible, depending on the availability of products and the seller’s operational capabilities. The availability of the goods is indicated for each product.
8.2 Each customer is informed of all changes in the status of the order by email. You can check the order status after logging in to the system.
8.3 The goods are delivered via Slovak Post to the address specified by the customer in the order. The shipment of goods always includes an invoice.
8.4 The goods are not available for personal collection.
8.5 Ownership of the products is transferred to the buyer upon acceptance and payment of the purchase price.
8.6 We deliver the goods to Slovakia. Goods delivered to the territory of the member states of the European Union, or of other countries, based on prior approval and mutual written agreement, prices for postage and packaging and/or other delivery conditions between the buyer and the seller.
9. Warranty conditions and Complaints procedure
9.1 This complaint procedure applies to goods that were purchased from the company softverovo s.r.o., and whose complaint was made within the warranty period, 12 months from the date of purchase of the goods – in the case of the sale of secondary licenses. The warranty period is in accordance with the Civil Code, § 620, paragraph (2), i.e. 12 months from purchase, considering that these are secondary licenses. That is, 24 months for new goods.
9.2 Each product purchased from softverovo s.r.o. is accompanied by an invoice (sales document) upon delivery to the buyer, which also serves as a warranty document.
9.3 When taking over the goods, the buyer is obliged to check the following:
- whether it is a product that was ordered (if it is a product that was not ordered, do not unpack or open the product, otherwise it will not be possible to exchange it)
- whether the product is in intact condition, i.e. whether it has an obvious defect
- whether all its individual parts work
The warranty does not apply to product defects caused by improper use, storage or damage to the product by the buyer. The packaging and contents of the product must not be mechanically damaged (mechanical damage means damage to the product that could not have arisen from normal use of the product for the purpose for which it was manufactured).
The buyer is obliged to claim the claimed goods under the above conditions at the following address: info@softverovo.com or at softverovo@gmail.com
10. Liability for errors on the website www.softverovo.sk
10.1 Softverovo s.r.o. warns that the information provided on www.softverovo.sk is partially taken from third parties, may contain inaccuracies and may be updated without prior notice.
10.2 Softverovo s.r.o. may change the products and services described on its pages at any time without prior notice and does not guarantee the material accuracy of their content.
10.3. The company softverovo s.r.o. is not liable to another party for direct, indirect or extraordinary damages caused by the use of information from its own or linked websites.
11. Protection of personal data
11.1 The company softverovo s.r.o. is fully governed by Act no. 428/2002 Coll. on the protection of personal data in information systems. Our company respects your privacy. However, in order to offer you valuable services, we need to know some of your personal data. We protect this data from misuse and guarantee that we will never provide your contact information and data about your purchases to a third party.
11.2 By using this online store, you agree to the collection and use of information about you and your purchases under the conditions set forth above. By registering as a customer, news requester (so-called newsletter), poll participant and other forms of registration, you automatically agree that you can be informed about news in our online store by e-mail or by phone. If you no longer want this information, you have the option to stop sending it at any time according to the procedure specified in each message sent.
11.3 Our online store reserves the right to withdraw from the security guarantee in the event of an attack on the server by an unknown perpetrator (hacker). Only in that case, the above-mentioned data handling rules do not apply.
11.4 We determine your satisfaction with the purchase through e-mail questionnaires as part of the Verified by customers program, in which our e-shop is involved. We send them to you every time you make a purchase from us, unless in accordance with § 7 par. 3 of Act No. 480/2004 Coll. about some services of the information society, you will not refuse their sending. We process personal data for the purpose of sending questionnaires within the Verified by customers program on the basis of our legitimate interest, which consists in ascertaining your satisfaction with your purchase from us. For sending questionnaires, evaluating your feedback and analyzes of our market position, we use a processor, which is the operator of the Heureka.cz portal; for these purposes, we can transfer information about the purchased goods and your e-mail address. When sending e-mail questionnaires, your personal data is not transferred to any third party for its own purposes. You can object to the sending of e-mail questionnaires as part of the Customer Verified program at any time by rejecting further questionnaires using the link in the e-mail with the questionnaire. In case of your objection, we will not send you the questionnaire any further.
11.5 By confirming the binding order, the affected person (Buyer or Customer) confirms that he was instructed by the Operator (Seller) as follows:
Buyer or the affected person (hereinafter referred to as the “Buyer”, “Customer” or “affected person”) provides personal data (hereinafter referred to as “PO”) to the seller voluntarily for the purpose of fulfilling his obligations arising from the purchase contract and further communication with him. Without their provision, the seller cannot properly fulfill the contract with the buyer and therefore it will not be possible to conclude it with the buyer. The purpose of processing this personal data is the issuance of a tax document, pre-contractual relations, buyer identification, order confirmation by phone or e-mail, delivery of goods, registration on the Site
- The operator is in the legal position of the operator vis-à-vis the affected person according to Act no. 18/2018 Coll. on the protection of personal data (hereinafter referred to as “the Act”), i. a person who, alone or together with others, defines the purpose and means of processing the Personal Information and processes the Personal Information in his own name.
- Identification and contact details of the Operator (§ 19 paragraph 1 letter a) of the Act) are:
Company: softverovo s.r.o.
Address: Ľudmily Kraskovskej 21, Bratislava 851 10
ID: 54347947
VAT: 2120619965
Insert number: District Court Bratislava I, section: Sro, insert no.: 158227/B
Representation of the company: Monika Balková, manager (hereinafter referred to as the “Provider”). - The purpose of processing personal data for which personal data are intended, as well as the legal basis for processing personal data (§ 19 paragraph 1 letter c) of the Act):
- The purpose of processing the OU: for the purpose of preparing and establishing a contractual relationship between the buyer (the Person concerned) and the seller (the Operator), issuing an order confirmation, a tax document, ensuring pre-contractual relations, identifying the Customer, confirming the order by phone or electronically, delivering the goods, registering on the Operator’s website
- Legal basis for the processing of personal data: the Data Subject’s consent to the processing of his personal data for at least one specific purpose (§ 13(1)(a) of the Act)
- Legitimate interests of the Operator or a third party, if personal data are processed according to § 13 par. 1 letter f) of the Act (§ 19 paragraph 1 letter d) of the Act):
OU not processed on the basis of such a legal basis.
- Identification of the recipient or the category of the recipient, if any (§ 19(1)(e) of the Act):
- Company: softverovo s.r.o.
- Address: Ľudmily Kraskovskej 21, Bratislava 851 10
- ID: 54347947
- VAT: 2120619965
- Insert number: District Court Bratislava I, section: Sro, insert no.: 158227/B
- Representation of the company: Monika Balková, manager (hereinafter referred to as the “Provider”).
- Personal data retention period; if this is not possible, information on the criteria for its determination (§ 19, paragraph 2, letter a) of the Act):
for a period of three to two (2) years from the date of provision or until consent to processing is granted
- Information on whether the Operator intends to transfer personal data to a third country or international organization, identification of the third country or international organization (Section 19(1)(f) of the Act):
The operator does not and will not carry out such a transfer.
- The Data Subject’s right to request from the Operator access to the Personal Information concerning the Buyer/Customer, the right to correct the Personal Information, the right to delete the Personal Information or the right to limit the processing of the Personal Information, the right to object to the processing of the Personal Information, as well as the right to transfer the Personal Information (§ 19 paragraph 2 letter b) of the Act):
The affected person has the following rights vis-à-vis the Operator in relation to the OU:
- The right to request access to personal data concerning the Data Subject: The Data Subject has the right to obtain from the Operator a confirmation as to whether the Data Subject’s personal data is being processed and, if so, he has the right to obtain access to this personal data and information about
- the purpose of processing personal data,
- categories of processed personal data,
- the identification of the recipient or the category of recipient to whom the personal data have been or are to be provided, in particular the recipient in a third country or an international organization, if possible,
- period of storage of personal data; if this is not possible, information on the criteria for its determination,
- the right to request from the operator the correction of personal data concerning the person concerned, their deletion or restriction of their processing, or the right to object to the processing of personal data,
- just file a motion to initiate proceedings pursuant to § 100,
- sources of personal data, if the personal data were not obtained from the person concerned,
- the existence of automated individual decision-making, including profiling according to § 28 par. 1 and 4 of the Act (in these cases, the operator will provide the data subject with information, in particular, about the procedure used, as well as the meaning and expected consequences of such processing of personal data for the data subject).
The operator will provide a copy of the OU that is being processed. For any additional copies requested by the Data Subject, the Operator may charge a reasonable fee corresponding to administrative costs. If the Data Subject submitted the request by electronic means, the information will be provided in a commonly used electronic form, unless the Data Subject has requested another method.
The information must be provided immediately, within 1 month at the latest. The operator has the right to extend the application processing time by another 2 months if the request is complex or frequent. However, he must notify the affected person within 1 month of the reason for the extension of the processing time.
If the request is unjustified or too frequent, the Operator has the right to charge a fee commensurate with the cost or to reject the request. It must explain the reason for the refusal and the Data Subject’s right to file a complaint with the supervisory authority.
- The right to correct personal data: The person concerned has the right to have the Operator correct incorrect personal data concerning him without undue delay. Taking into account the purpose of personal data processing, the Data Subject has the right to supplement incomplete personal data.
The information must be provided immediately, within 1 month at the latest. The operator has the right to extend the application processing time by another 2 months if the request is complex or frequent. However, he must notify the affected person within 1 month of the reason for the extension of the processing time.
If the request is unjustified or too frequent, the Operator has the right to charge a fee commensurate with the cost or to reject the request. It must explain the reason for the refusal and the Data Subject’s right to file a complaint with the supervisory authority.
- The right to delete personal data or the right to limit the processing of personal data: The person concerned has the right to have the Operator delete personal data concerning him without undue delay. The operator is obliged to delete personal data without undue delay if the affected person has exercised the right to deletion according to the previous sentence, if
- Personal data are no longer needed for the purpose for which they were obtained or otherwise processed,
- The affected person revokes his consent to the processing of personal data and there is no other legal basis for processing personal data
- The affected person objects to the processing of personal data and there are no valid reasons for processing personal data,
- OU are processed illegally,
- the reason for erasure is the fulfillment of an obligation according to the Act, a special regulation or an international treaty to which the Slovak Republic is bound, or
- OU were obtained in connection with the offer of information society services.
The previous two sentences do not apply if the processing of personal data is necessary
- to exercise the right to freedom of expression or the right to information,
- to fulfill an obligation according to the Act, a special regulation or an international treaty to which the Slovak Republic is bound, or to fulfill a task carried out in the public interest or in the exercise of public authority entrusted to the operator,
- for reasons of public interest in the field of public health,
- for archiving purposes, for scientific purposes, for historical research purposes or for statistical purposes, if it is likely that the law will make it impossible or seriously difficult to achieve the goals of such processing, or
- to exercise a legal claim
The affected person has the right for the Operator to limit the processing of personal data if
- The affected person objects to the correctness of the OU, during the period allowing the Operator to verify the correctness of the personal data,
- the processing of personal data is illegal and the affected person objects to the deletion of personal data and instead requests the restriction of their use,
- the Data Subject needs them to assert a legal claim, or
- The affected person objects to the processing, until it is verified whether the legitimate reasons on the part of the Operator prevail over the legitimate reasons of the affected person.
If the processing of personal data has been limited, in addition to storage, the Ú Operator may process only with the consent of the Affected Person or for the purpose of exercising a legal claim, for the protection of persons or for reasons of public interest.
- The right to object to the processing of personal data: If personal data is processed for direct marketing purposes, the affected person has the right to object at any time to the processing of his personal data, including profiling. If the Data Subject objects to the processing for direct marketing purposes, the Operator may no longer process their personal data for these purposes.
- The right to portability of personal data: The person concerned has the right to obtain personal data relating to him and which he provided to the operator in a structured, commonly used and machine-readable format and has the right to transfer this data to another operator. The right to portability must not have adverse consequences on the rights and freedoms of others. This right applies if:
- is the processing based on consent or a contract and
- the processing is carried out by automated means
The operator has a deadline for data transfer of 1 month, it can be extended by 2 months if the transfer is difficult. He must inform the Affected Person about it and justify why the deadline has been extended.In the event that the Operator takes steps to transfer, he must inform the Affected Person why he did not do so and about the Affected Person’s right to file a complaint with the supervisory authority.
- The right of the affected person to withdraw consent to the processing of personal data at any time (§ 19, paragraph 2, letter c) of the Act):
The affected person has the right to withdraw consent to the processing of personal data concerning him at any time. Withdrawal of consent does not affect the legality of the processing of OU based on consent before its withdrawal. The person concerned can revoke the consent in the same way in which he gave the consent.
- The right of the affected person to file a motion to initiate proceedings pursuant to § 100 of the Act (§ 19 paragraph 2 letter d) of the Act):
The affected person has the right to submit a proposal to the Office of Personal Data Protection to initiate proceedings on personal data protection. The purpose of the procedure is to determine whether there has been a violation of the rights of natural persons in the processing of their personal data or whether there has been a violation of the Act or a special regulation in the area of personal data protection, and in the event of detection of deficiencies, if it is reasonable and expedient, to impose corrective measures, or a fine for a violation of the Act or a special regulation for the protection of OU.
The motion to initiate proceedings must contain:
- name, surname, mailing address and signature of the applicant,
- indication of the person against whom the proposal is directed, indicating the name, surname, permanent residence or title, seat and identification number, if assigned,
- the subject of the proposal, indicating the rights that should have been violated during the processing of personal data,
- evidence to support the claims made in the proposal,
- a copy of the document or other evidence proving the exercise of the right according to the Act or a special regulation, if the person concerned has exercised such a right, or a statement of reasons worthy of special attention for the non-application of the right in question, if the proposal was submitted by the person concerned.
The sample proposal for the initiation of proceedings is published on the website of the Office for Personal Data Protection.
- Determining whether the provision of personal data is a legal requirement or a contractual requirement or a requirement that is necessary for the conclusion of a contract, and whether the person concerned is obliged to provide personal data, as well as the possible consequences of not providing personal data (§ 19, paragraph 2, letter e ) of the Act):
The provision of personal data is a requirement that is necessary for the preparation and conclusion of a contract establishing a business-legal relationship between the Affected Person as a buyer and the Operator as a seller.
Failure to provide personal data will mean that the Operator will not have basic data about the Affected Person and objectively will not be able to prepare a draft contract, and without providing them, the Operator as a seller cannot properly fulfill the contract and thus cannot even conclude it with the buyer.
- Existence of automated individual decision-making, including profiling (§ 19 paragraph 2 letter f) of the Act):
The operator does not use automated individual decision making or profiling.
- Person responsible for correctness of personal data protection rules: Monika Balková, info@softverovo.com
We determine your satisfaction with the purchase through e-mail questionnaires as part of thprogram, in which our e-shop is involved. We send them to you every time you make a purchase from us, unless in accordance with § § 62 of the Act no. 351/2011 Coll. on electronic communications, as amended, you will not refuse to send electronic mail for direct marketing purposes. We process personal data for the purpose of sending questionnaires within the Verified by customers program on the basis of our legitimate interest, which consists in ascertaining your satisfaction with your purchase from us. For sending questionnaires, evaluating your feedback and analyzing our market position, we use a processing intermediary, which is the operator of the Heureka.sk portal, to which we can transfer information about the purchased goods and your e-mail address for these purposes. When sending e-mail questionnaires, your personal data is not transferred to any third party for its own purposes. You can object to the sending of e-mail questionnaires as part of the Customer Verified program at any time by rejecting further questionnaires using the link in the e-mail with the questionnaire. In case of your objection, we will not send you the questionnaire any further.
12. Images and trademarks used
12.1 Images are intended for visualization. The names, terms and graphics used may be trademarks or registered trademarks of their respective owners. The rights of the listed and used brands and trademarks belong exclusively to their owners.