Terms and Conditions

GENERAL TERMS AND CONDITIONS (hereinafter "GTC")

1. SUBJECT MATTER

1.1. These General Business Terms and Conditions (hereinafter referred to as the "GTC") govern the rights and obligations of the Seller and the Buyer in the sale of goods and services when concluding purchase contracts via the Internet, via the application located on the website www.bruuder.eu
1.2. By placing an order, the Buyer confirms that he / she has become familiar with these Terms and Conditions and agrees with them. The Buyer is notified of these GTCs in a sufficient manner before the order is executed and has the opportunity to get acquainted with them.

2. DEFINITIONS

2.1. For the purposes of these GTC, the terms listed in this article have the meaning given in the following paragraphs of this article.
2.2 The website www.bruuder.eu has an online store of Bruuder s.r.o. located on the website www.bruuder.eu, allowing the purchase of goods and services offered by the seller on the site.
2.3 Registration is the completion of an electronic form containing fields to fill in the buyer data, including personal data. Application-highlighted data is mandatory and is required for successful application registration. Registration is not a prerequisite for using the app.
2.4 The seller is Bruuder sro, with its registered office at: Azalkova 8, Bratislava - mestská časť Ružinov 821 01, ID: 51245035, registered at the District Court Bratislava I, File No. 124964 / B (hereinafter referred to as "Bruuder sro" or only "seller") .
2.5. The Buyer is a natural person eligible for legal acts or a legal entity who has expressed an interest in purchasing goods and services through www.bruuder.eu and concluding a Purchase Agreement with the Seller regarding the goods and services offered through the application,
and who has duly completed and submitted a binding order via the site and delivered it to the seller.
2.6 An authorized person is a person different from the buyer specified in the binding order as the person to whom the ordered goods and services are to be handed over. The indication of the authorized person's name in the order form shall be deemed to be its authorization to take over the goods and services ordered.
2.7. The order form is an electronic form containing personal data of the buyer in the name, surname, address for delivery (street, city, postal code), e-mail and phone number of the buyer, marking of ordered goods and services, purchase price of ordered goods and services including VAT, the method of delivery of the goods.
2.8 The current offer of goods and services is the offer of goods and services published on the website www.bruuder.eu, which contains in particular the name and description of the goods and services offered, the quantity and information on the current price. Changes in the current offer of goods and services (including price changes) are effective from the moment they are published on the www.bruuder.eu website. Orders made and purchase contracts concluded prior to the respective change in the current offer of goods are not covered by this change. The goods are mainly digital or physical music media and the service provided is their packaging, handling and transport.

3. CLOSING OF PURCHASE CONTRACTS

3.1. The conclusion of the purchase contract, on the basis of which the seller delivers the ordered goods and services to the buyer (hereinafter referred to as the "Purchase Agreement"), is based on a proposal to conclude a purchase contract, which is a binding order of the buyer and a written acceptance of the proposal to conclude the contract by an informative e-mail from the seller to the buyer's email address.
2.3 The proposal to conclude the contract is the order of the customer (buyer) addressed to the seller. The order can be made by completing the order form on the website www.bruuder.eu and sending it.
3.3 The order also includes the granting of unreserved consent to the processing and use of their personal data in accordance with Act no. 122/2013 Coll. on the protection of personal data and on amendments and supplements to certain acts for internal purposes of the Seller, and in the event that the Buyer (Customer) also specifies the data of a third party authorized to take over the Goods and Services, so that he does so only with his consent and the person concerned is familiar with the procedures, rights and obligations in these GTC.
3.4. By registering or sending an order, the buyer grants permission to send the current offer and commercial information via e-mail to the e-mail address of the buyer using the registration form or order form.
3.5. The acceptance of the proposal to conclude the contract is a timely written statement by the seller to the buyer, in which the seller acknowledges that the buyer's proposal to conclude the contract is accepted. Early acceptance of the proposal takes effect at the moment of receipt of the receipt of the proposal by the Buyer at the email address specified in the order form. The silence or inaction of the seller does not mean acceptance of the proposal.
3.6. The Buyer is not entitled to conclude a Purchase Agreement. The seller is entitled to reject the proposal to conclude the contract also in silence, respectively. without giving any reason.
3.7. The purchase contract is concluded at the moment when the acceptance of the proposal to conclude the contract comes into force, ie at the moment of receipt of the receipt of the proposal by the buyer. The subject of the concluded Purchase Contract is the Seller's obligation to deliver to the Purchaser the goods at the designated place of delivery and the Buyer's obligation to take over the goods at the place of delivery at the agreed time and to pay the purchase price and shipping costs.

4. BUYING PRICE OF GOODS, SERVICES AND PAYMENT CONDITIONS

4.1. The purchase price for the ordered goods and services is stated in the current offer, in the order as well as in the order confirmation, which is the acceptance of the proposal to conclude the contract by the seller. The purchase price is always up to date and includes VAT and is set in Euro.
4.2. The purchase price of the goods does not include the cost of transporting the goods from the Seller's warehouse to the place of delivery, which will be charged separately to the Buyer according to the method of transport of the goods to the place of delivery chosen by the Buyer.
4.3 All actions are valid only to the extent specified on the specific offer at www.bruuder.eu.
4.4 Upon the conclusion of the Purchase Agreement, the Purchaser undertakes to pay the Purchase Price to the Seller by paying in advance by bank transfer via CardPay. The goods remain the property of the seller until the full payment of the purchase price.
4.5 The buyer's obligation to pay the purchase price is fulfilled by handing over the purchase price to the seller.


5. DELIVERY CONDITIONS (DELIVERY PERIOD, DELIVERY PLACE AND GOODS DELIVERY)

5.1 The delivery time in which the seller is obliged to deliver the goods to the buyer is stated in the order confirmation. Unless otherwise stated in the order confirmation, the delivery time is determined by an oral or written agreement between the buyer and the seller.
5.2 With different delivery methods, respectively. its delivery to the place of delivery is subject to different delivery times. When selecting the method of delivery of the goods, the buyer is always provided with information on what delivery time is usually associated with the given mode of transport.
5.3 The place of delivery is the address indicated by the buyer in the order as the place of delivery and confirmed by the seller as the place of delivery.
5.4 The method of transporting goods to the place of delivery can be chosen by the buyer in the process of ordering goods after marking the goods and entering the place of delivery.
5.5 Ways of delivering goods to the buyer is:
• Delivery of goods to the place of delivery of the buyer by the seller's agent
5.6 The price of the transport (freight) and the usual duration of the transport to the place of delivery is always indicated for the particular type of goods transport.

6. DELIVERY OF GOODS

6.1. The seller's obligation to deliver the goods is fulfilled by handing over the ordered goods to the buyer or authorized person at the place of delivery. The Buyer is obliged to confirm the delivery and acceptance of the goods in writing in the delivery note, which he will receive at the same time. Together with the delivery note, the buyer will receive an accounting document which also serves as a warranty card.
6.2 The Seller's obligation to deliver the Goods shall be deemed to be fulfilled even if the Seller was prepared to hand over the goods to the Buyer at the agreed place and time, respectively. if it allows him to take over the goods, and the buyer did not take over the goods for reasons other than those on the part of the seller.
6.3 If the Buyer does not take over the goods and the goods are returned to the Seller, the Seller is entitled to withdraw from the Purchase Contract and demand from the Buyer the reimbursement of transport and packaging costs related to the unsuccessful delivery of the goods.

7. LIABILITY FOR FAULTS

7.1. The Seller is liable for defects that the goods have in its acceptance by the Buyer and also for defects that occur upon receipt of the goods during the warranty period (warranty). The warranty period is 24 months and commences on the date of receipt of the goods by the buyer. The warranty card serves as an accounting document.
7.2 The details of the buyer's rights arising from the liability for defects and the procedure for complaining about the goods are governed by the Complaints Procedure Act no. 513/1991 Coll. Commercial Code, as amended, and in accordance with Act no. 250/2007 Coll. On Consumer Protection, as amended, and applies to goods for which the Buyer's rights of liability for defects are claimed in the warranty period.

8. WITHDRAWAL OF THE ORDER, WITHDRAWAL FROM THE CONTRACT

8.1. Until the Buyer (Customer) has received the order (ie until the Purchase Contract has been concluded), the Ordering Party may cancel the order by e-mail or by telephone within 24 hours of making the order. We will not charge any penalties or other charges in case of order cancellation. If the purchase price has already been paid and the order has been withdrawn under this Article 8.1, the Seller shall return to the Customer the purchase price already paid within 14 days by wire transfer to the Client's account, unless otherwise agreed with the Customer.
8.2 In case of withdrawal from the contract, no penalty or other fees are charged.
8.3. According to § 7 et seq. of Act 102/2014 Coll. on consumer protection when selling goods or services on the basis of a contract concluded at a distance or contracts concluded outside the premises of the seller and amending and supplementing certain laws, the buyer, if it is a consumer, without giving a reason to withdraw from the Purchase Contract within 14 days from the date of receipt of goods .
8.4. In order to cancel an order as well as to withdraw from the contract, it is necessary to state the name and surname of the buyer (customer), e-mail, order number and description of the ordered goods. In order to maintain legal certainty and prove the appeal of the order, respectively. withdrawal from the contract we recommend that you withdraw the order, respectively. they have withdrawn from the contract by e-mail or post.
8.5. Early withdrawal under point 8.2. and 8.3. is effective on the day the withdrawal is delivered to the seller. By withdrawing the Buyer from the Purchase Agreement, the contract is canceled from the outset.
8.6. After withdrawal from the contract, the seller is obliged to:
- take back the goods from the buyer, while the buyer is obliged to deliver the goods to: Azalková 8, 821 01 Bratislava, Slovakia. The cost of returning the goods shall be borne in accordance with Section 10 (3) of Act 102/2014 Coll. buyers. Attach a copy of the tax receipt to the shipment
- to return to the Buyer all payments received from the Buyer in accordance with Section 9 (1) of Act no. 102/2014 Z.z.
8.7 The Seller reserves the right to withhold the refund of the purchase price until the return of the goods. In the event of the return of the damaged goods, the Seller shall refund to the Buyer the purchase price less the damage caused to the goods. The Seller's claim for damages expires by offsetting against the Buyer's claim for the refund of the purchase price. Purchase price, resp. the remainder of the damage reduction shall be returned by the Seller to the Buyer in cash or by bank transfer to the account specified by the Seller, unless otherwise agreed with the Buyer.
8.8 The Seller is entitled to withdraw from the Purchase Agreement for the following reasons:
- if the buyer fails to take over the ordered goods from the courier within the agreed deadline for reasons other than those on the seller's side
- if the buyer fails to take over the ordered goods at the relevant mail within the specified withdrawal period
- if, despite all the efforts of the Seller, which may be required of him, the Seller is not able to deliver the goods, in particular because the goods have been sold out, are no longer manufactured or delivered, and the Seller is not otherwise in a position to procure it
- if the price at which the seller purchases the goods has changed significantly
8.9 The Seller's withdrawal from the Contract is effective on the day the withdrawal is delivered to the Buyer, provided that the delivery of the withdrawal by e-mail is sufficient for withdrawal. The already paid purchase price will be returned by the Seller to the Buyer within 14 days from the date of delivery of the withdrawal by wire transfer to the Buyer's account, unless otherwise agreed with the Buyer.
8.10. However, the Seller's withdrawal from the Contract shall not affect the Seller's claim for damages, consisting in particular of the costs incurred in connection with the futile attempt to deliver the goods to the Buyer.
8.11. The Seller is entitled to settle any claims against the Buyer from the funds paid by the Buyer and to refund the amount reduced by the Buyer.

9. PROTECTION OF PERSONAL DATA


9.1. The Buyer (Customer) declares that he / she has familiarized himself / herself with these GTC before sending the order to the Seller. By sending the order to the seller, the buyer honestly declares
that it gives consent under § 11 par. 1 of Act no. 122/2013 Z.z. on the protection of personal data
and on amending and supplementing certain laws in order for the seller to process and store his
personal data, in particular those listed above and / or that are necessary for the Seller's business and processed in all its information systems. The Seller undertakes to treat and handle the Buyer's personal data in accordance with the applicable Slovak legislation. The Seller shall ensure, without delay, the liquidation of the Buyer's personal data in accordance with Section 17 Para. 1 of Act no. 122/2013 Z.z. on the protection of personal data and on amendments to certain acts. The Buyer may withdraw the consent to the processing of personal data at any time in writing. The consent shall expire within 1 month of receipt of the withdrawal of consent by the buyer.
9.2 Seller processes personal data of a natural person - the customer (buyer),
respectively. an authorized person for the purpose of concluding a Purchase Contract and fulfilling his obligations under the Purchase Agreement. They use them mainly when issuing invoices, handling orders and delivering ordered goods. The Seller is responsible for ensuring that the personal data provided by a natural person will not be used for other purposes, in particular, will not be disclosed to third parties (except for persons delivering consignments).
9.3. The Seller processes personal data of a natural person in the following extent: first name, surname, permanent address, e-mail address, billing address, permanent address, delivery address, contact telephone number.
9.4. The Seller declares that personal data will be processed to the extent necessary, safe and professional, and that they will not be leaked or misused. In no case will we provide them to third parties, except those who participate in the delivery of the ordered goods (courier companies, etc.). All persons who come into contact with personal data are instructed in the proper handling of personal data.
9.5. The purpose of personal data processing is to:
- issue of a tax document - invoice, pursuant to Act No. 222/2004 Coll. on value added tax
- delivery of the goods and identification of the buyer or authorized person before handing over the prepaid goods
- order confirmation, payment for goods, delivery of ordered goods
- registration of persons registered through the application
- registration of orders and purchase contracts for handling complaints
- sending the current offer and commercial information via e-mail with the consent of the addressee

10. FINAL PROVISIONS OF THE GTC


10.1 These GTC are elaborated in accordance with generally binding legal regulations of the legal order of the Slovak Republic, especially but not exclusively with the Act no. 513/1991 Coll. Commercial Code, as amended, with Act no. 40/1964 Coll. Civil Code, as amended, Act no. 250/2007 Coll. On Consumer Protection, as amended, and Act no. 102/2014 Z.z. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or contracts concluded outside the premises of the seller and amending and supplementing certain laws and come into effect on 1 November 2014.
10.2 Any changes to these GTC come into effect on the date of their publication on the website www.bruuder.eu
10.3. Legal relations established by the Purchase Agreement shall be governed by the provisions of the Purchase Agreement (ie the content of the order and confirmation of the order), the provisions of these GTC, the relevant provisions of the generally binding legal regulations of the Slovak Republic; the provisions of these GTC take precedence over disposable provisions of generally binding legal regulations.
10.4. In the event that any provision of these GTC is or becomes invalid, ineffective and / or unenforceable, the validity, effectiveness and / or enforceability of the other provisions of these GTC shall not be affected unless the very nature of such provision excludes the actual nature of such provision under the relevant legislation. The parties undertake without undue delay after finding that any of the provisions of the Purchase Agreement or these GTC are invalid, ineffective and / or unenforceable, replace the provision in question by a new valid provision, the content of which will, to the extent possible, fulfill the purpose of the original provision.

Bruuder s.r.o. approved by Branislav Kaľavský, Managing Director 28.4.2019