General terms and conditions for goods
I. General provisions for goods
1. These general terms and conditions (hereinafter referred to as "terms and conditions") are in accordance with the provisions of Act no. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the "Civil Code"), Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the “Consumer Protection Act”), Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller's premises and on the amendment of certain laws (hereinafter referred to as the "Distance Consumer Protection Act")
Cajlanská 214, 90201 Pezinok
VAT number: 2120527266
phone: +421 944 039 545
web: Ondrej Piják, www.escapehouse.sk
(hereinafter referred to as the "seller")
2. These terms and conditions govern the mutual rights and obligations between the seller and the natural person who enters into the purchase contract (hereinafter "buyer") through a web interface located on the website available at eshop.escapehouse.sk (hereinafter "online store") ).
3. The provisions of the terms and conditions are an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in the Slovak language.
II.Information about goods and prices
1. Information about the goods, including the prices of individual goods and their main characteristics, are given for individual goods in the online store catalog. The prices of the goods are stated including value added tax, all related fees and costs for the return of the goods, if the goods cannot, by their nature, be returned by post. The prices of the goods remain valid as long as they are displayed in the online store.
2. All presentations of goods placed in the online store catalog are of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
3. Information on the costs associated with the packaging and delivery of goods is published in the online store. Information on costs associated with the packaging and delivery of goods listed in the online store is valid only if the goods are delivered within the territory of the Slovak Republic.
4. Any discounts from the purchase price of the goods may not be combined with each other, unless the seller and the buyer agree otherwise.
III. Order and conclusion of the purchase contract
1. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself. These costs do not differ from the basic rate.
2. The buyer orders the goods in the following ways: through your customer account, after prior registration in the online store, by filling out the order form without registration.
3. When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the Send order with the obligation to pay button. The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation from the buyer that he has read these terms and conditions.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded only after the order is accepted by the seller. Notice of receipt of the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered as the conclusion of the contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded by confirming the order by the seller to the email address of the buyer.
6. In the event that any of the requirements specified in the order cannot be met by the seller, he will send the amended offer to the buyer's e-mail address. The amended offer is considered a new draft of the purchase contract and in this case the purchase contract is concluded by the buyer's confirmation of acceptance of this offer to the seller to his email address specified in these terms and conditions.
7. All orders received by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt orders by the seller. The buyer can cancel the order by phone at the telephone number or email of the seller specified in these terms and conditions
8. In the event that there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during the order, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, on receiving an order in accordance with these terms and conditions. The seller informs the buyer of the error without undue delay and sends the changed offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in this case the purchase contract is concluded by a confirmation of acceptance by the buyer to the email address of the seller.
1. Based on the buyer's registration made in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.
2. When registering in the customer's account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the customer's account and when ordering the goods are considered correct by the seller.
3. Access to the customer's account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information needed to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not entitled to allow the use of the customer account to third parties.
5. The seller may cancel the user account, especially if the buyer does not use his user account for a long time, or if the buyer violates his obligations under the purchase agreement or these terms and conditions.
6. The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
V.Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of goods under the purchase contract may be paid by the buyer in the following ways: • cashless transfer to the bank account of the seller No. SK30 8330 0000 0024 0066 7006, kept at Fio Bank,
- cashless payment card,
- cashless transfer to the seller's account by paying the invoice,
- cash on delivery upon delivery of goods,
- in cash or by credit card for personal collection of consignments.
2. Together with the purchase price, the buyer is obliged to reimburse the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods.
3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.
4. In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the time of crediting the relevant amount to the bank account of the seller.
6. The seller does not require any advance or other similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not a deposit.
7. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, in the event of a technical failure then within 48 hours at the latest
8. The goods are delivered to the buyer:
- to the address specified by the buyer in the order
- by means of dispatch consignments to the address of the dispensary designated by the buyer
- personal collection in the operation of the seller
9. The choice of delivery method is made during the ordering of goods.
10. The costs of delivery of goods depending on the method of sending and taking over the goods are specified in the buyer's order and in the order confirmation by the seller. If the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
11. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
12. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to notify the carrier immediately. In the event of a breach of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.
13. The seller will issue a tax document - invoice to the buyer. The tax document is sent to the buyer's email address.
14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental damage, damage or loss of goods passes to the buyer at the time of taking over the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
15. The Seller is not liable to the Buyer for non-fulfillment of contractual obligations according to the concluded purchase agreement in the event that this non-fulfillment occurred as a result of force majeure. Force majeure means an obstacle that is independent of the will of the obligated contractual party and prevents it from fulfilling its contractual obligation, if it cannot reasonably be assumed that the obligated party would avert or overcome this obstacle or its consequences, and further, that at the time the obligation arose it had foreseen this obstacle. These are mainly natural disasters (floods, earthquakes, epidemics, pandemics and similar situations threatening lives or health, etc.), state interventions, wars, terrorist attacks, strikes or lockouts, operation, transportation and energy failures, failures of the online shopping system. Such circumstances are a reason to postpone the fulfillment of contractual obligations on the part of the Seller for the duration and to the extent of the effectiveness of these circumstances, and during the duration of these circumstances the Seller will not be late. The same applies even if the said circumstances occurred at the Seller's subcontractors. The Seller is obliged to inform the Buyer that circumstances excluding liability have occurred as soon as it is technically possible.
VI. Withdrawal from the contract
1. A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
2. If the purchase contract is concluded at a distance (via an online store) or outside the seller's premises, and at the same time if the seller has provided the buyer in a timely and proper manner with the right to withdraw from the purchase contract, conditions, period and procedure including the form for withdrawal from the purchase contract (in accordance with the provisions of § 3 paragraph 1 letter h) of the Act on Consumer Protection in Distance Selling) and at the same time fulfilling the facts required by law, the buyer has the right withdraw from the purchase contract without giving a reason and without any sanction.
3. The period for withdrawal from the contract is 14 days at
- the moment of taking over the goods which were delivered last, if the subject of the purchase contract is the ordered goods, which are delivered separately
- the moment of taking over the last part or the last piece, if the subject of the purchase contract is several types of goods or the delivery of several parts,
- the moment of taking over the first delivered goods, if the subject of the purchase contract is goods that are delivered during a defined period.
4. The Buyer acknowledges that in accordance with the provisions of § 7 par. 6 of the Act on Consumer Protection in Distance Selling may not, inter alia, withdraw from the purchase contract:
- the provision of the service, if the provision of the service began with the express consent of the consumer and the consumer has stated that he has been duly informed that, by expressing that consent, he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,
- the sale of goods or the provision of services, the price of which depends on price movements on the financial market which the seller cannot influence and which may occur during the period for withdrawal from the contract,
- the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for one consumer,
- the sale of goods which are subject to rapid deterioration or deterioration,
- the sale of goods enclosed in a protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,
- the sale of goods which, by reason of their nature, may be inextricably mixed with other goods after delivery, sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, and their delivery can be made no earlier than 30 days and their price depends on the movement of prices on the market, which the seller cannot influence, carrying out urgent repairs or maintenance explicitly requested by the consumer from the seller; this does not apply to service contracts and contracts having as their object
- the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not pre-order these services or goods,
- the sale of sound recordings, video recordings, sound recordings, books or computer software sold in protective packaging, if the consumer has unpacked that packaging,
- the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
- the provision of accommodation services for purposes other than accommodation, the transport of goods, car rental, the provision of catering services or the provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed time,
- the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer has stated that he has been duly informed that by expressing that consent he loses the right to withdraw from the contract.
5. In order to comply with the deadline for withdrawal from the purchase contract, the buyer must send any unambiguous statement expressing his intention to withdraw from the purchase contract within the period specified in para. 3 of Article VI of these Terms and Conditions.
6. To withdraw from the purchase contract, the buyer can use the standard form for withdrawal from the purchase contract provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the email or delivery address of the seller specified in these terms and conditions. The seller will confirm to the buyer the receipt of the form without delay.
7. The buyer who withdrew from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawal from the purchase contract to the seller. The buyer bears the cost of returning the goods to the seller even if the goods cannot be returned by post due to their nature.
8. If the buyer withdraws from the purchase contract, the seller shall return to him without delay, but no later than within 14 days of withdrawal from the purchase contract, all funds, including delivery costs, which he has received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if he does not incur additional costs.
9. If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
10. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.
11. The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
12. The seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller shall immediately inform the buyer via the email address specified in the order and return within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.
VII.Right from defective fulfillment
1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
- the goods have the characteristics agreed upon by the parties and, in the absence of arrangements, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and the advertising they carry out,
- the goods are fit for the purpose stated by the seller for their use or for which goods of the same kind are commonly used,
- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of legal regulations.
2. The seller shall be liable for defective performance at least to the extent that the manufacturer's defective performance obligations continue. The buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt.
3. Where the goods sold, their packaging, instructions accompanying the goods or advertising in accordance with other legislation indicate the period during which the goods may be used, the provisions of the quality guarantee shall apply. As a guarantee of quality, the seller undertakes that the goods will be fit for normal use for a certain period of time or that they will retain their usual properties. If the buyer has legitimately blamed the seller for the defect of the goods, there is no period for exercising the rights arising from the defective performance or a warranty period for the period during which the buyer cannot use the defective goods.
4. The provisions referred to in the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to second-hand goods for a defect corresponding to the degree of use, or wear and tear that the goods had when taken over by the buyer, or if it follows from the nature of the goods. The right of incorrect performance does not belong to the buyer, if he knew before taking over the goods that the goods have a defect, or if the buyer himself caused the defect.
5. In the event of a defect, the buyer may submit a complaint to the seller and request: exchange for new goods, repair of goods, reasonable discount from the purchase price, withdraw from the contract.
6. The buyer has the right to withdraw from the contract, if the goods have a substantial defect, if he cannot use the thing properly due to the recurrence of the defect or defects after repair, with a larger number of defects of the goods. 7. A breach of the contract of sale is substantial which the party in breach of the contract already knew or should have known at the time of the conclusion of the contract that the other party would not have entered into the contract if it had foreseen the breach.
8. In the event of a defect that constitutes a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.
9. If the case of a remediable defect has occurred repeatedly after repair (usually the third claim for the same defect or the fourth for different defects) or the goods have a large number of errors (usually at least three errors simultaneously), the buyer has the right to claim a discount on the purchase price, exchange goods or withdraw from the contract.
10. When making a complaint, the buyer is obliged to inform the seller which right he has chosen. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that proves to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.
11. If it is not possible to repair or replace the goods, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full.
12. If the seller proves that the buyer knew about the error of the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.
13. The buyer cannot claim discounted goods for the reason for which the goods are discounted.
14. The seller is obliged to accept the complaint in any operation in which the acceptance of the complaint is possible, or in the registered office or place of business. The seller is obliged to issue the buyer a written confirmation of when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.
15. The seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. It is not included in this period time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be resolved immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the will of the buyer will express itself (exercise of the right from erroneous performance) to the seller.
16. The seller informs the buyer in writing about the result of the complaint.
17. The right of erroneous performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
18. In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. This right can be exercised by the buyer with the seller within one month after the expiration of the warranty period, otherwise the court does not have to grant it.
19. The buyer has the choice of the method of complaint.
20. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.
1. The Contracting Parties may communicate all written correspondence to each other by electronic mail.
2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
1. All information you provide in our cooperation is confidential and we will treat it as such. If you do not give us written consent, we will not use your data other than for the purpose of performance under the contract, except for the email address to which you may be sent business notices, as this procedure is permitted by law, unless you refuse. These notifications may only concern similar or related goods and may be unsubscribed at any time in a simple manner (by sending a letter, email or by clicking on a link in the commercial notification). The e-mail address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.
X.Inter-court dispute resolution
1. The Slovak Trade Inspection, with its registered office at P. O. BOX 29, Bajkalská 21 / A, 827 99 Bratislava, Internet address: https://www.soi.sk/sk, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
2. European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44 / A 827 15, Bratislava 212 Slovak Republic, internet address: http://www.evropskyspotrebitel.sk is a contact point according to Regulation (EU) No. 524/2013 of 21 May 2013 on online consumer dispute resolution and complements Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
3. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. To a limited extent, the Slovak Trade Inspection Authority supervises, among other things, compliance with the Consumer Protection Act and the Consumer Protection Act for distance selling.
1. All agreements between the seller and the buyer are governed by the law of the Slovak Republic. If the relationship established by the sales contract contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer's rights under generally binding legislation.
2. The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of § 3 par. 1 letter n) of the Act on Consumer Protection in Distance Selling.
3. All rights to the seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
4. The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store or its parts or software in such a way as to be contrary to its purpose or purpose.
5. The purchase contract, including business conditions, is archived by the seller in
6. The wording of the terms and conditions may be amended or supplemented by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
7. A model form for withdrawal from the contract is attached to the terms and conditions.
These terms and conditions take effect on 10.02.2021
General terms and conditions for services
1. General provisions for services
- These general terms and conditions (hereinafter referred to as "GTC") govern the rights and obligations between the provider and the recipient and are an integral part of the contract for the provision of services. The provider is EscapeHouse s.r.o., Cajlanská 214, 90201 Pezinok, ID: 50899228, VAT number: 2120527266 registered in the Commercial Register of the Bratislava District Court, section Sro, insert 119857/B (hereinafter referred to as the "provider").
- Additional contact details of the provider:
Correspondence address: Cajlanská 214, 90201 Pezinok
Bank connection: account maintained at Fio banka, a.s., IBAN: SK17 8330 0000 0027 0123 2604
Tel. number: +421 944 039 545
- The recipient is a natural or legal person who uses the services provided by the provider based on the contractual relationship and these GTC (hereinafter referred to as the "user").
- Services are any services provided by the provider, including electronic services.
- Electronic services are services provided through the internet portals escapehouse.eu and eshop.escapehouse.eu (hereinafter referred to as "internet portals"), the provider of which is the provider (hereinafter referred to as "services").
- The subject of the contract for the provision of services is the provision of any services (hereinafter referred to as the "contract for the provision of services").
- The contract is concluded between the provider and the user in accordance with Article 2 of the General Terms and Conditions by electronic means at a distance. A contract according to the GTC also means a contract that is not concluded at a distance.
- The supervisory authority is the SOI Inspectorate for the Bratislava Region.
2. Introductory provisions
- Based on the contract for the provision of services, the provider provides the user as the customer with the services listed on the provider's internet portals, in writing, by telephone or online form (chat) or through an online conversation.
- The provider also provides online services for the user, which for the purposes of these GTC are understood to be video recordings listed on internet portals in the form of video trainings, video examples from practice, video articles, etc.
3. Order and conclusion of the contract
- By sending an order through any communication channel (using an electronic form, by e-mail, by post, in person or by phone) or through an internet portal using the appropriate instruction to buy or order or pressing the button indicating the ordering action, with the exception of the instruction or button "non-binding order" or other indication of the non-binding nature of the action, the order becomes binding and on its basis a contract is concluded, from which the provider and the user have mutual rights and obligations, namely the provider's obligation to provide the user with the ordered service in the specified form and the user's obligation to pay the price for the service provided.
- A non-binding order or similar form of contacting the provider by the user is considered only as a request to send information about the services provided.
- In the event that all the data provided by the user in the order were not correct and completed, the provider is entitled to consider such an order as properly completed if the user as the ordering party confirms it to the provider.
- Before sending the electronic order form, the user is obliged to check and then, if necessary, correct or modify the data provided by him.
- By placing an order, the user confirms that he has familiarized himself with the general terms and conditions for ordering the services listed on the internet portal.
- By concluding a contract between the provider and the user, the General Terms and Conditions become an integral part of it and are binding for both parties to the contract.
- After creating the order, an e-mail confirming the receipt of the order is sent to the user.
- The user is obliged to check his e-mail box and all its subfolders (promotions, bulk, spam, etc.). If an e-mail from the provider appears outside the main folder of the user's e-mail box, he moves it to the main folder and adds the provider's e-mail address to his address book. In this way, you will ensure the correct delivery of e-mail from the provider. If, even after several searches, the user does not find the provider's e-mail address, he requests a solution to the provider's problem by e-mail firstname.lastname@example.org.
4. Method of service provision by the provider
- The list of services on internet portals is a catalog of commonly supplied services, and the provider does not guarantee the immediate availability of all of them. The availability of services will be confirmed for the user based on the user's request.
- The user follows the instructions published on internet portals and at the same time the instructions of the provider delivered by email or other means of communication.
- The provider is obliged to provide services with professional care and in accordance with the data and information provided by the user via internet portals or otherwise (e.g. by email, telephone, etc.) within the agreed time. The provider is not bound by the user's instructions that contradict or circumvent generally binding legal regulations. The provider is obliged to inform the user about all important steps in the provision of the service.
- The provider reserves the right to change the appearance and scope of services, to replace them with similar services and to develop services.
- If cooperation on the part of the user is necessary for the fulfillment of the provider's obligations, the user is obliged to provide such cooperation to the provider immediately upon his request, especially, but not only in cases where the provider asks the user to send more precise, correct or additional information and data to the order.
- The provider reserves the right to extend the term of providing the service to the user depending on the number of received orders from third parties in a given period. The provider is obliged to inform the user about this fact without delay. If the user is not interested in receiving the service at a later date, he is entitled to unilaterally withdraw from the contract.
- The user is obliged to receive the service at the location specified in the order by the contracting parties. The time of service provision will always be stated in the order, which will be confirmed by the provider. In the event that the service is canceled by the provider, the provider is entitled to unilaterally set a new deadline for the delivery of the service, even repeatedly, about which the provider informs the user electronically by e-mail or by telephone.
- A shorter delivery time can be negotiated after agreement with the provider.
5. Content of internet portals
- Access to internet portals and their use by users is free. The content of the Internet portals consists primarily of texts, photographs or images, audio or audiovisual recordings placed on these pages by the provider (hereinafter referred to as "content").
- The content is protected by the copyright of the provider or third parties, and any use of it is subject to the prior written consent of the provider, with the exception of cases provided by law, for example, if the use of copyrighted works is for personal use, for citation purposes or for educational purposes.
- Clicking on some links on Internet portals may lead to the user leaving them and redirecting the user to the websites of third parties. The linked websites are not controlled by the provider, and the provider is not responsible for their content, nor for any damage that may occur to the user as a result of such redirection.
6. Price of provided services and payment terms
- The price for providing services to the user is always governed by the provider's price list current at the time of concluding the contract. However, the contracting parties can negotiate the price of the provided services individually.
- The provider is a not VAT payer and prices for services are listed including VAT.
- The price for the provision of a tailor-made service is always paid in advance on the basis of the so-called pre-invoice, which the provider issues to the user after ordering the service by the user before the delivery of the service. The user is obliged to pay the pre-invoice within the due date. If the invoice is not paid properly and on time, the provider is entitled to withdraw from the contract.
- The payment is considered paid on the day it is credited to the provider's account.
- After payment of the pre-invoice, the provider will issue a regular invoice in accordance with Act no. 222/2004 Coll. on value added tax as amended and ensures the provision of the paid service.
- The user agrees to issue and send an electronic invoice. The user can withdraw his consent to sending the final invoice in electronic form by a written notification to the provider. In the event that a price is evidently incorrect for a service (e.g. a price of 0 euro or 1 euro, etc.), the provider is not obliged to provide the service at the incorrect price. In such a case, the provider can offer the user the provision of the service at a reasonable price. If the user does not agree with the proper price, he can withdraw from the contractual relationship.
- If, for reasons on the part of the user, there is a change in the agreed scope of the provided service, the changed price, as well as all the costs that the provider had to incur with such a change, will be charged from the day the change was made by the provider. Pre-invoices can be paid in the following ways:
- online payment through a payment gateway,
- internet banking (internet banking),
- transfer from the user's account to the provider's account,
- in cash,
- by depositing into the provider's account,
- by card.
7. Place of service provision
- Delivery of the service is considered to be its personal provision to the user at a place agreed in advance by the contracting parties.
- The provision of access data to the user's internet portals is considered to be the delivery of an online service.
- The user is obliged to notify the provider by e-mail (to the e-mail address email@example.com) of the inconsistency of the provided service with what was the subject of his order immediately after discovering the inconsistency.
- If the user is not satisfied with the service provided, he can submit a complaint to the provider by email (to the email address firstname.lastname@example.org) or by post to the provider's correspondence address, stating the name of the service, the date of its delivery and the reason for the complaint. The provider handles complaints as a rule within 30 days from the date of receipt of the complaint.
9. Contract fines
- In the event that the user does not take over the ordered service within the validity period stated in the order, the user's right to provide the service expires and the provider is not obliged to return the amount paid to the user, so it is forfeited as a contractual penalty.
- The user can ask the provider to change the service delivery date a maximum of two times. In the event that the user does not take over the ordered service even on the second changed date (or requests to change the service delivery date the next time), the provider is entitled to a contractual penalty in the amount of the total price of the services, and at the same time the user's right to provide the service expires. The provider is entitled to payment of the contractual penalty in accordance with the previous sentence of this point of the General Terms and Conditions immediately after the futile expiration of the service delivery deadline that has been changed for the second time, or by the third request to change the service delivery date. Any withdrawal of the user from the contract for the provision of services does not affect the right of the provider to receive a contractual penalty in accordance with this point of the General Terms and Conditions. The contracting parties have agreed that the provider is entitled to set off his claim for the payment of a contractual penalty in accordance with this point of the General Terms and Conditions with the user's monetary claim for the return of the paid price of the service (in the event of his withdrawal from the contract for the provision of services).
- In the event that the user requests a change in the date of service provision on the day agreed by the contractual parties as the day of service provision, if he does not arrive at the pre-agreed place of service provision on the agreed date of service provision, the provider is entitled to a contractual fine, in the amount of of the total price of the services and at the same time the user's right to provide the service expires. The provider is entitled to payment of the contractual penalty in accordance with the previous sentence of this point of the GTC immediately after the futile expiration of the 2nd changed service delivery date, or by the third request to change the service delivery date. Any withdrawal of the user from the contract for the provision of services does not affect the right of the provider to receive a contractual penalty in accordance with this point of the General Terms and Conditions. The contracting parties have agreed that the provider is entitled to set off his claim for the payment of a contractual penalty in accordance with this point of the General Terms and Conditions with the user's monetary claim for the return of the paid price of the service (in the event of his withdrawal from the contract for the provision of services).
- In the event that the user withdraws from the contract for the provision of services on the day when, based on the agreement of the contracting parties, it is to be provided, the provider is entitled to a contractual penalty, in the amount of the total price of the services. The provider is entitled to receive the contractual penalty in accordance with the previous sentence of this point of the GTC immediately after delivery. The contracting parties have agreed that the provider is entitled to set off his claim for the payment of the contractual penalty in accordance with this clause of the General Terms and Conditions with the user's monetary claim for the return of the paid price of the service.
10. Change of contract
- The contract can be changed or supplemented only in writing, based on the mutual agreement of the user and the provider.
11. Duration of the contract
- The contract between the provider and the user is concluded according to the individual order, unless the contracting parties agree otherwise.
- In the event that the contract was concluded in writing, when interpreting the provisions relating to the content of the legal relationship, individual agreements contained in the written contract different from the content of these General Terms and Conditions take precedence.
- The contract is terminated in the cases specified in the General Terms and Conditions, in particular by the expiration of the period for which the contract was negotiated, by written agreement between the user and the provider, or by written withdrawal from the contract by one of the contracting parties, which can also be done without giving a reason.
12. Cancellation of the contract
- The user is entitled to withdraw from the contract for the provision of services at any time. In case of withdrawal from the contract after the payment of the price for the provision of the service by the user, the provider is obliged to return the performance thus provided to the user.
- The provider is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the user all payments received from him on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees ; this does not affect the provisions of § 8 par. 5 of Act no. 102/2014 Coll.
- Withdrawal from the contract by the user does not affect the provider's right to receive the contractual penalty in accordance with Article 6 of the General Terms and Conditions.
- The provider is entitled to withdraw from the contract after its conclusion, or not to confirm the order in the case of incorrectly filled data, missing data or other discrepancies in the order, unless the user ensures immediate correction even after the provider's request to correct them.
- The user is entitled to exercise his right to withdraw from the contract in writing by mail to the address: EscapeHouse s.r.o., Cajlanská 214, 90201 Pezinok or by e-mail to the e-mail address email@example.com.
- When exercising his right to withdraw from the contract, the user must provide his data (name, surname/name, address/address, e-mail address), withdraw from the contract for the provision of the service with the exact name of the service, the date of the binding order and also the date of sending the withdrawal from the contract.
13. Rights and obligations of the user
- The user has the right to supply the service in the quality, date and place agreed with the provider.
- The user acknowledges and agrees that:
- the same moral, ethical and legal rules apply to the use of services as to any other form of public use of information;
- the content of these services is continuously modified at the discretion of the provider, who can change or remove any part of the content at any time without prior notice or consent of the user or stop providing them completely, or operate;
- the provider can at any time check whether the user uses the service in the scope and under the conditions established by the General Terms and Conditions and verify compliance with them.
- The user undertakes to provide true, complete and accurate data when ordering the service and to notify the provider in writing of any changes to his/her identification data. In the event of a breach of this obligation, the decisive data is given in the user's last registration, and the user is responsible for the damage caused to the provider.
- The user is obliged to protect login data against loss, theft or misuse. At the same time, the user is obliged not to provide access data to a third party, otherwise the provider is entitled to suspend the provision of services.
14. Rights and obligations of the provider
- The provider provides the user with the opportunity to use the services listed on the internet portals in accordance with the General Terms and Conditions for a fee, while the provider has the exclusive right to any interference with these services or the General Terms and Conditions.
- The provider has the right to limit, interrupt or stop the provision of services for reasons of necessary administration, maintenance or repair, without prior notice to the user or his consent, for the time necessary to carry out the necessary administration, maintenance or repair.
- The provider is entitled to publish advertising in the provider's electronic media, including contextually targeted advertising.
- The user agrees to telephone communication, electronic communication (e-mail, social networks), to communication via mail or electronic media (skype, google), and for this purpose provides the provider with his/her email, telephone number and postal address. In the event that these data change, the user is obliged to notify the provider. Until the change in contact information is announced, the original information is valid for communication.
- Information or a document delivered by email is considered delivered on the day it is sent. For this reason, both the provider and the user are obliged to check the content of their email account daily.
- The provider will send documents in Microsoft Word format (*.DOC or *.DOCX) or in another common format (*.rtf or *.pdf). For this purpose, both the provider and the user are obliged to ensure that their email accounts and computer software and hardware enable receiving and reading files in the specified formats.
- The services offered through the Internet portal are information services.
- The provider is not responsible for any direct or indirect damages caused by the actions of the user or third parties based on the provision of information by the provider. The provider is not responsible for successes or failures resulting from the use of information by the user.
- The services provided by the provider are not legal advice or legal services according to special regulations. The provision of information has only a general, summarizing, but mainly informative character.
- The provider bears no responsibility for the information that is part of the content of internet portals.
- Articles published on internet portals are protected by copyright. The user acknowledges that the services provided are the subject of intellectual property and are protected by copyright and other intellectual property rights belonging to EscapeHouse s.r.o..
- By concluding a contract between the provider and the user, no intellectual property rights are transferred. Unless otherwise agreed, the user has the right to use the services exclusively as an end user in a manner resulting from the nature and purpose of the service. It is not permitted to copy, reproduce, provide to a third party, publish or otherwise disseminate them in any media, or in any way.
- The provider is not responsible for damage caused to the user mainly, but not exclusively, because the user provided false or incomplete data in the forms sent to the provider, if he did not immediately provide the provider with sufficient cooperation in the provision of the service, or if he changed in any way the content of the documents provided by the provider in connection with the provision of the service .
- The provider is not responsible for damage caused to the user or third parties as a result of incorrect, illegal or illegal use of internet portals.
- The provider is not responsible and does not provide the user with any guarantee for the continuous or error-free functioning of the internet portals, for links to other websites or for the speed of the internet connection used by the user.
- The provider bears no responsibility for viruses or other attacks on the computer system or other technical devices of users of the Internet portal.
- The provider is not responsible for damages caused by incorrect connection to internet portals. The protection of the computer, or the data located on the user's computer, burdens the user.
17. Protection of personal data
- In accordance with EPaR EU regulation no. 2016/679 on the protection of individuals in the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR") and Act No. 18/2018 Coll. on the protection of personal data, the provider is considered the provider (hereinafter also the "provider").
- Personal data is all information about an identified or identifiable individual. An identifiable individual is an individual who can be directly or indirectly identified, in particular by reference to a certain identifier, for example a name, identification number, location data, network identifier or one or more special elements of physical, physiological, genetic, mental, economic, cultural or social the identity of this individual.
- The provider processes the user's personal data, in the following scope: first name, last name, residential address, telephone number and email address (i.e. ordinary personal data) for the purpose of fulfilling the contract in accordance with Article 6 para. 1 letter b) GDPR. Personal data provided by the user to the provider for the purpose of fulfilling the contract is not provided by the provider to a third party. The provider does not provide any personal data to third countries. The provider stores the user's personal data for the period necessary to fulfill the rights and obligations arising from the contractual relationship and to assert claims from this contractual relationship (for a period of 3 years from the termination of the contractual relationship). After this period, the user's personal data will be deleted.
- Under the conditions set forth in the GDPR, the user has the following rights:
- the right to know whether his personal data is being processed by the provider,
- the right to correct his personal data with the provider so that they are correct, complete and up-to-date,
- the right to have his personal data deleted by the provider,
- the right to limit the processing of his personal data by the provider,
- the right to portability of his personal data in electronic form with the provider,
- the right to object that the provider processes his personal data.
- In order to exercise the above-mentioned rights, the user can contact the provider in one of the following ways: by e-mail to firstname.lastname@example.org, or in writing to the address EscapeHouse s.r.o., Cajlanská 214, 90201 Pezinok, Slovak Republic.
- The provider will deal with all requests and will inform users about the result of their provision in the same way as they submit the request.
- The provider declares that he has taken all appropriate technical and organizational measures to secure personal data.
- The provider has taken technical measures to secure data storage and storage of personal data in paper form, especially by securing / encrypting access to the website, performing regular system updates, and performing regular system backups.
- The provider declares that only persons authorized by him have access to personal data.
18. Alternative dispute resolution
- In the event that the user is not satisfied with the delivery of his order, the delivered service, he has the right to write an e-mail to email@example.com. If the user's complaint was not resolved to his satisfaction or if he believes that the provider may have violated his rights, he may, according to Act no. 391/2015 Coll. submit a proposal to start an alternative dispute resolution. Alternative dispute resolution can only be used by a consumer who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to disputes between the provider and the user, the value of which exceeds 20 euros, resulting from a consumer contract concluded at a distance. The subject of alternative dispute resolution according to sec. § 3 of Act no. 391/2015 Coll. may require the user to pay a fee for initiating a dispute resolution of up to 5 euros including VAT. The proposal can be submitted by the user in the manner determined according to sec. § 12 of Act 391/2015 Coll. or by clicking on the website.
19. Final provisions
- The possible invalidity of any part of these GTC does not affect the validity and effectiveness of other agreements. In the event that any part of the General Terms and Conditions is invalid or becomes invalid later, the legal regulation that is closest in nature to the invalid provision will be used to regulate the relations of the contracting parties.
- Legal relations between the provider and the user not regulated by the General Terms and Conditions are governed by the legal order of the Slovak Republic, in particular Act No. 513/1991 (Commercial Code), and in the event that the user is a consumer who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession, this contractual relationship is governed by Act no. 40/1964 Coll. (Civil Code), Act No. 250/2007 Coll. (Act on Consumer Protection and Amendment of Slovak National Council Act No. 372/1990 Coll. on Offenses as amended) and Act No. 102/2014 Coll. (Act on consumer protection in the provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws).
- These General Terms and Conditions cease to be effective on the date of entry into force of newer General Terms and Conditions.
- The current General Terms and Conditions are published 24 hours a day on internet portals and are available in printed form at the provider's headquarters.
- The provider is entitled to change these GTC at any time, while in the contractual relationship with the user based on the application of the order, the version of the GTC that was published on the provider's internet portals will always apply. accessible at the provider's location as the valid version at the time of placing the order, on the basis of which the contract was concluded.
In Pezinok 03 / 08 / 2022