General terms and conditions
1. GENERAL PROVISIONS
These general terms and conditions (hereinafter referred to as "GTC") apply to the legal relationships concluded between millhill sro, rsp . as the seller and its customers, which arise during the production, sale and delivery of goods and services. The GTC regulate the rights and obligations of the contracting parties, the rules for ordering goods, payment terms, methods of delivery of goods, delivery times, complaint conditions and other facts affecting the contractual relationship concluded between the contracting parties. These GTC enter into force on the date of their publication on the seller's website.
2. CONTRACTING PARTIES
2.1. Seller: millhill sro, rsp ., Na Zigmund šachtu 1655/23, 96901 Banská Štiavnica, Company ID: 50640461, Tax ID: 2120437374, VAT ID: SK2120437374, E-mail: info@millhill.sk, Tel. No.: +421 949 353 200, Bank: Všeobecná úverová banka, as . (The company is registered in the Commercial Register of the District Court of Banská Bystrica, section Sro , entry No. 31020/S).
2.2. Buyer: A. A legal entity or a natural person operating on the basis of a trade license or a self-employed person who has made a binding order for goods or services from the seller. B. Consumer - a natural person who purchases goods or services from the seller and, when concluding and fulfilling a consumer contract, is not acting within the scope of his business activity, employment or profession. C. a governmental or non-governmental organization that orders goods or services or whose contract we will put out to tender.
2.3. Goods: A product from the seller's production program or commercial offer, or a newly developed product, or a product modified based on the customer's individual requirements, precisely specified in the customer's binding electronic order confirmed by the seller.
2.4. Service: A service that the seller provides to the customer based on the customer's individual requirements, which are precisely specified in the customer's binding electronic order confirmed by the seller, in particular: design, 3D modeling, product visualization, prototyping , production of newly designed products, production from existing materials, transport, or assembly.
2.5. Contract: Any contract or agreement concluded between the seller and the customer, the subject of which is the seller's obligation to deliver to the customer the goods or service that have been ordered and confirmed by the seller and to transfer ownership of the goods to the customer and the customer's obligation to take over the goods or service and pay the agreed purchase price to the seller, in accordance with the conditions set out in these GTC. These are mainly the following types of contracts - Contract for the use and creation of works, Purchase contract, Contract for a work, Contract concluded at a distance (only in the case of a consumer), Agreement on the protection of confidential information. Sending a binding electronic order to the customer, based on a price offer issued by the seller and its confirmation by the seller, is also considered a contract concluded in accordance with these GTC.
3. ORDER
3.1. The buyer fills out the contact form on the millhill , sro, rsp . website, or requests a price quote via e-mail, Facebook , Instagram or similar platforms, or by phone at the number specified in point 2. 1.
3.2. After approving the price offer, the buyer will then pay an advance payment of 50%. After the advance payment is made, the order is binding for both parties and a business relationship between the seller and the buyer is established.
3.3. In the case of competitions, special rules specified by the client apply.
3.4. The buyer undertakes that when placing an order, the buyer must provide his/her name and surname, delivery and billing address, telephone number, e-mail; for a natural person and a legal entity, entrepreneur, also his/her IČO, DIČ, IČ DPH. In accordance with the Personal Data Protection Act, these data will be used only within the framework of the business relationship between the seller and the buyer and will not be provided to a third party (with the exception of the person providing the transport of the goods).
3.5. After receiving the order, a delivery time or collection date will be agreed upon.
3.6. Ownership of the product passes to the buyer upon payment of the full purchase price.
3.7. In case of failure to comply with the due date stated on the invoice, the seller reserves the right to charge a penalty of 0.05% for each day of delay.
4. DELIVERY TERMS
4.1. The Seller ensures the delivery of goods or services to the Customer in the manner specified by the Customer in the electronic order, in particular: a, Personal collection by the Customer at the Seller's premises b, Delivery by carrier c, Delivery of goods by the Seller's motor vehicles to a location based on a written agreement between the Seller and the Customer d, Delivery and assembly of goods by the Seller's motor vehicles to a location based on a written agreement between the Seller and the Customer.
4.2. The Seller shall deliver the goods to the Customer along with the related documents, in particular: - an invoice, which is also a warranty certificate - a delivery note, which is also a receipt,
4.3. The Seller is obliged to deliver the goods to the Customer without undue delay, which he will have manufactured and stored. For this purpose, the Seller will contact the Customer and inform him of his readiness to deliver the goods and services.
4.4. Unless the contracting parties agree otherwise, the seller undertakes to deliver the goods and services to the customer as follows: a) In the case of products listed on the website as "products for quick collection" (these are products that have already been designed and manufactured in the past), we strive to ship the goods within 21 days from the date of order verification unless the order is more extensive (i.e. if the quantity is 1 to 3 pieces). b) In the case of graphic designs, design proposals, redesigns and visualizations, the delivery time will be specified in the contract after agreement with the customer. c) Since we manufacture all our products to order and do not have any in stock, the delivery time varies depending on the complexity of the production process. We will inform you about the delivery date to your email address or by telephone.
4.5. Until the customer has paid the purchase price in full, the seller is not obliged to release the goods and this action will not delay the delivery of the goods.
4.6. The customer cannot refuse to accept the goods ordered by him due to dimensional disproportions of the goods and entrance openings (e.g. doors) and the space in which the goods are to be unloaded, assembled and placed.
4.7. The customer acknowledges that the color display of the goods on the monitor may not exactly correspond to the real color shades as the customer will perceive them in reality. The display of color shades depends, among other things, on the quality of the display monitor or other display device used.
4.8. Ownership of the goods and the risk of damage to the goods shall pass to the customer at the moment of receipt of the goods, or if the customer does not receive the goods, at the moment when the seller allows the customer to handle the goods.
4.9. The seller is entitled, if the customer agrees, to deliver the goods even before the date specified in the contract, if the date of early delivery is notified to the customer at least 3 days before the early delivery of the goods.
4.10. The contracting parties may also agree in writing on other services that the seller is entitled to provide to the customer, e.g. transport, delivery and removal of the purchased goods, as well as their assembly and disassembly. The price for the provision of other services is a matter of agreement between the contracting parties, while the price for the performance of these services will be duly notified to the customer in the order confirmation by the seller.
5. ASSEMBLY OF GOODS
5.1. The subject of the contract between the contracting parties may also be the assembly of the ordered goods, according to the customer's requirements.
5.2. The customer is obliged to ensure in his own interest that the technical conditions are met at the place of assembly of the goods, in particular that: a/ there are no structural irregularities in the area, b/ the air temperature in the room is at least 18°C, e/ the floor covering is completed, f/ there are no unsuitable walls for furniture assembly (e.g. uneven walls, damp masonry or fresh plaster), g/ the wall has sufficient load-bearing capacity if wall mounting is planned for the assembly of the furniture.
5.3. The seller is not responsible for damage to products in the event of unprofessional installation.
6. RECEIPT OF GOODS
6.1. The buyer undertakes to take over the goods according to the contractually agreed terms.
6.2. When accepting the goods, the buyer is obliged to check the physical integrity and completeness of the shipment. If the shipment is visibly damaged and destroyed, the buyer is obliged to contact the seller immediately without accepting the shipment.
6.3. The risk of damage to the goods passes to the buyer upon receipt by the buyer or his authorized representative.
7. WITHDRAWAL FROM THE CONTRACT
7.1. The buyer does not have the right to withdraw from the contract, the subject of which is the sale of goods of a special nature, i.e. the sale of goods made according to the special requirements of the consumer, custom-made goods or goods intended specifically for one consumer. The consumer may withdraw from such a contract provided that the withdrawal from the contract is delivered to the seller before the seller begins production, modification, or other work on the ordered goods of a special nature. If the consumer withdraws from the contract at a time when the seller has already incurred costs for the goods of a special nature ordered by the consumer, the seller shall return to the consumer the purchase price paid, reduced by the amount of the costs incurred by the seller for the delivery of these goods.
7.2. The seller reserves the right to cancel the order (withdraw from the contract) or part of it if: a) the goods are not in stock and cannot be produced by the date you have chosen b) the goods arrived damaged or have a manufacturing defect c) the displayed price of the goods was incorrect
8. LIABILITY FOR DEFECTS AND COMPLAINTS
8.1. The buyer has the right to proper delivery of goods in the agreed quantity and quality. If the delivered goods have defects, the consumer has the right to demand redress through a complaint about these goods.
8.2. Liability for defects in goods in relation to a group of customers who are natural persons - entrepreneurs and legal entities is subject to the provisions of the Commercial Code.
8.3. The right to make a complaint shall expire if the defect was caused by mechanical damage to the product and improper handling. Defects caused by natural disasters and improper handling are also excluded from the warranty.
8.4. In the event of a complaint, the buyer is recommended to notify the seller by e-mail that the product has a defect and how it manifested itself. Based on this information, the buyer will be advised on the next steps in handling the complaint.
9. FINAL PROVISIONS
9.1. The Buyer declares that he has read these general terms and conditions before placing an order and that he agrees with them.
9.2. Notwithstanding any other provision of the contract, the seller shall not be liable to the buyer for lost profits, lost opportunities or any other indirect or consequential losses resulting from negligence, breach of contract or arising in any other way.
9.3. Legal relations and any disputes arising from failure to comply with these conditions are governed by the relevant provisions of the Commercial or Civil Code.
9.4. The Seller and the Buyer have agreed that they fully recognize distance communication by electronic means of communication, in particular via electronic mail and the Internet, as valid and binding for both contracting parties.
9.5. All personal data provided by the buyer as part of an order for goods or registration are collected, processed and stored in accordance with Act No. 122/2013 Coll . on the Protection of Personal Data.
9.6. By sending an order or concluding a purchase contract, the buyer, in accordance with Act No. 122/2013 Coll ., gives the seller consent to the processing, collection and storage of his personal data for the purposes of concluding a purchase contract, processing orders and related communication with the buyer.
9.7. The Buyer has the right to access his/her personal data, the right to rectify it, including other legal rights to this data.
9.8. The Seller does not provide, publish or make available the personal data of buyers to any other person, with the exception of: companies providing transport of goods, to which the personal data of buyers is transferred to the minimum extent necessary for the purposes of delivering the goods.
9.9. Consent to the processing of personal data and the sending of commercial information is granted for an indefinite period and can be revoked at any time free of charge via e-mail or in writing to the contacts listed above in point 2.1.
9.10. The Seller reserves the right to publish products and services developed and manufactured by it on its website and on its social networks as its review and advertising, unless both parties contractually agree otherwise.
9.11. The buyer has the right to contact the seller with a request for redress if he is not satisfied with the way in which the seller has handled his complaint or if he believes that the seller has violated his rights.