General Terms and Conditions

Company Štefánia Hostinová – HOSTIN, with its registered seat at SNP 129, 919 04 Smolenice, registered at the District Office Trnava, Trade Register Number: 207-883, Company ID: 33550719, VAT ID: 1020343786, VAT Registration Number: SK1020343786, issues these General Terms and Conditions (hereinafter referred to as “GTCs”) effective from May 25, 2018.

1. Introduction

1.1. These GTCs govern the legal relations between Štefánia Hostinová – HOSTIN (hereinafter referred to as the “Seller”) and any person purchasing goods from Štefánia Hostinová – HOSTIN, whether ordered in person, by phone, e-mail, fax, or through the online store, either via personal pickup or delivery service (hereinafter referred to as the “Buyer”), provided that no special contract is concluded between the Seller and the Buyer.

1.2. The legal relations between the Seller and the Buyer are governed by the General Terms and Conditions and the provisions of the relevant legal regulations, including the Civil Code, the Commercial Code, Act No. 634/1992 Coll. on Consumer Protection, Act No. 108/2000 Coll. on Consumer Protection in Doorstep Selling, and Act No. 22/2004 Coll. on Electronic Commerce.

2. Ordering Goods

2.1. The Buyer can choose to order goods in person, by phone, e-mail, fax, mail, or through the online store on the website www.hostin.sk. To ensure quick and accurate order processing, we recommend using a written form of the order. Sending the order constitutes a proposal to conclude a purchase contract from the Buyer.

2.2. Order Requirements:

• Full and accurate name of the Buyer with billing address and delivery address
• Buyer’s contact information – phone, fax, e-mail
• Clear specification of the goods and the quantity of required units
• Method of goods collection
• For business entities, also the Company ID, VAT ID, VAT Registration Number (if the Buyer is a VAT payer), and for the first transaction, submission of the Extract from the Commercial Register or Trade License

2.3. Order cancellation is possible only if the order has not yet been accepted by the Seller. The order cancellation must be sent in writing to the e-mail address: hostin@hostin.sk, and its validity must be confirmed in writing by the Seller.

2.4. By sending the order, the Buyer accepts the GTC of Štefánia Hostinová – HOSTIN and the Seller’s Complaints Procedure in the version valid at the time of sending the order.

2.5. Upon receipt of the order, the Seller will send an order acceptance confirmation to the Buyer’s email, thereby concluding the purchase contract between these two parties. The Seller reserves the right to request additional confirmation for order acceptance, depending on the nature of the order, or not to send an acceptance in the event of an apparent typographical error concerning the price, description, and depiction of the goods. The Seller also reserves the right not to confirm the order if the goods are no longer manufactured or supplied, the delivery time is longer than the Buyer requires, or the price of the goods or services has changed significantly.

3. Price and Payment Terms

3.1. The Buyer is obliged to pay the full purchase price for the ordered goods as stated on the invoice by the due date. The price includes VAT. The purchase price does not include shipping costs for the purchased goods; these costs are a separate item on the order.

3.2. The Buyer pays the purchase price using the payment method selected in the order, which can be: cash upon personal collection of the goods at the Seller’s store, cash on delivery via the Seller’s courier service or postal service, or bank transfer based on a pre-issued proforma invoice by the Seller.

3.3. A full or partial proforma invoice and cash payment are required: for the initial purchase of goods, for special custom orders, if the Buyer has outstanding unpaid invoices at the time of possible goods collection that are past due.

3.4. The invoice and delivery note are sent directly with the goods, with the invoice being a proper tax document issued in accordance with applicable Slovak legal regulations.

3.5. If the Seller is unable to deliver the goods under the specified conditions and the proforma invoice has already been paid, the Seller will promptly refund the full purchase price to the Buyer using a method agreed upon by the contracting parties.

3.6. If the Buyer fails to pay the proforma invoice by the due date, the order will be canceled, and the commercial relationship between the Seller and the Buyer will be terminated.

3.7. If the Buyer does not pay the agreed purchase price on time and in full, the Seller is entitled to charge late payment interest at a rate of 0.05% per day on the outstanding amount until the full purchase price is paid.

3.8. Reservation of Ownership – In all transactions where the purchase price for the goods has not been paid and the Buyer has received the delivery, the Buyer acquires ownership of the goods only after full payment. This also applies to goods that the Buyer has sold or disposed of before payment. The Buyer is obliged to properly store, insure, and label the goods as the Seller’s property. Furthermore, the Buyer must support the Seller upon request in taking all necessary measures to protect the Seller’s ownership rights. The risk of accidental loss and accidental deterioration of the purchased item passes to the Buyer upon delivery. The Seller retains ownership of the delivered goods until the full purchase price is paid and all agreed conditions are met. The Buyer acquires ownership of the delivered goods only after paying the full purchase price.

4. Delivery Time

4.1. Goods that are in stock at the time of order receipt will be shipped to the Buyer within 2 business days. The delivery of goods that are not in stock will be confirmed by the Seller after determining the production capacity and delivery date for the production of these goods.

4.2. The delivery period begins on the day the purchase contract is concluded if the purchase price for the goods is paid in cash, on invoice, or cash on delivery. If a proforma invoice is issued for the goods, the delivery period begins on the day the full purchase price is paid and credited to the Seller’s account.

4.3. If the Seller is unable to deliver the goods within the requested timeframe, the Seller will offer the Buyer an alternative delivery date or a product comparable to the originally ordered one. In this case, the Seller will request the Buyer’s consent to the change in the order. If the Seller and the Buyer do not reach an agreement and the Buyer withdraws from the purchase contract, the Seller commits to refund the paid amount within 15 days of the contract withdrawal if the proforma invoice has been paid.

4.4. If the Buyer requests to personally collect the goods directly from the Seller’s store (as specified in the order), the Seller commits to reserving these goods for the Buyer for 5 days from the date of sending the order acceptance. If the goods are not collected within this period, the purchase contract will be canceled. 

5. Method of Collecting Goods

5.1. The Seller will deliver the goods to the location specified by the Buyer only after the full purchase price has been paid, unless otherwise agreed.

5.2. Delivery options include: personal pickup directly from the Seller at the address SNP 129, 919 04 Smolenice, shipping within the Slovak Republic via the courier company UPS (including cash on delivery) to the agreed location, and other collection methods agreed upon with the Seller.

5.3. Shipping costs are charged according to the current rate schedule of the respective courier company and depend on the weight or quantity of the shipped goods. Unless otherwise agreed, these costs are borne by the Buyer.

5.4. Delivery is considered fulfilled when the goods are delivered to the agreed location or handed over to the carrier.

5.5. The Buyer is required to inspect the shipment upon receipt. If mechanical damage to the packaging or the original packaging by the Seller is found, the Buyer must check the condition of the goods in the presence of the carrier and create a damage report. The carrier is responsible for any damage incurred during transportation. Based on the damage report, the Buyer will be provided with an appropriate discount or replacement goods after the claim is resolved with the carrier. If the shipment is in order, the Buyer confirms by signing the delivery protocol to the carrier that the shipment has been received complete and undamaged.

5.6. If the goods upon receipt by the Buyer are in breach of the purchase contract, the Buyer has the right to have the Seller promptly and without charge rectify the goods to conform to the purchase contract.

5.7. Claims for damage to goods that were not apparent upon receipt must be made by the Buyer within 5 business days of receipt. The defect must first be discussed with the Seller by phone at +421 902 971 161 or by email at hostin@hostin.sk. After an agreement with the Seller’s representative, the damaged goods should be personally delivered or sent to the Seller’s address (SNP 129, 919 04 Smolenice) at the Seller’s expense. When making a claim, the Buyer must provide the goods in the original packaging with all documents (invoice, delivery note, warranty certificate, manual, etc.) that were given by the Seller at the time of sale. For valid claims, the goods will be repaired or replaced with new ones and sent back to the Buyer free of charge. For invalid claims, the Buyer will be charged the costs incurred by the Seller in connection with the claim. After the 5 business day period for claiming transportation damage, the Seller does not cover transportation costs and proceeds according to the valid complaint procedure. Late claims for mechanical damage to goods cannot be accepted.

5.8. Before using the goods, the Buyer is required to thoroughly read the operating instructions and subsequently follow them.

6. Warranty and Service

6.1. The warranty conditions and complaint procedures for the Buyer, a consumer who purchases products as an “end user” for personal use, are governed by Act No. 40/1964 Coll., Civil Code. For business entities purchasing goods for the purpose of further business activities or in connection with them, the warranty and complaint conditions are governed by Act No. 513/1991 Coll., Commercial Code.

6.2. The warranty provided by the Seller applies only to manufacturing defects of the goods that were not caused by improper and careless handling, use of the goods contrary to their intended purpose or failure to follow the instructions in the manual, mechanical damage, damage caused by natural disasters, or other abnormal events such as power surges. Normal wear and tear of the goods in connection with use is not a valid reason for a complaint.

6.3. The Buyer can make a complaint directly to the Seller at the address: SNP 129, 919 04 Smolenice, or by prior arrangement, send it insured by registered mail to this address with all the required documents, a complaint protocol, and accessories for the claimed goods.

6.4. For the claimed goods, the Buyer must provide: the original or a copy of the purchase document (the document must be issued in the name of the complainant), a complaint protocol describing the exact defect, and if the defect occurs intermittently, the conditions under which it manifests must be clearly stated. We recommend delivering the claimed goods in their original packaging, complete with all cables, manuals, diskettes, CDs, or other accessories provided with the goods at the time of purchase.

6.5. The description of the complaint and the method of defect removal is handled by the complaint procedure, which is an integral part of these terms and conditions.

7. Warranty Conditions for Legal Entities and Entrepreneurs

7.1. The warranty period for goods supplied by the Seller is 12 months.

7.2. The warranty period for used goods and used spare parts is 6 months.

7.3. Warranty Conditions:

• The Seller provides a warranty for the quality of the supplied goods, meaning that the goods will maintain their agreed or usual properties and functional suitability.
• Natural (i.e., normal) wear and tear and damage to the goods due to improper use or excessive strain by the Buyer are not covered by the warranty.
• The Seller does not provide a warranty for the quality of the supplied goods in the event of defects arising from:
  • Defects occurring during installation or modification if such installation or modification was not performed professionally in accordance with the Seller’s regulations.
  • Improper or prohibited handling of the goods despite written warnings in the product manual or excessive strain on the goods.
  • Modifications to the goods made after delivery to the Buyer without prior written consent from the manufacturer.
  • Defects caused by inappropriate installation, non-compliance with installation specifications for the particular installation, or installation contrary to the Seller’s instructions.

7.4. The warranty period begins on the day of delivery of the goods.

7.5. Successful repair or replacement of the goods does not extend or renew the warranty period.

7.6. When purchasing goods at the Seller’s store, the Buyer is required to check the completeness and functionality of the goods on site and immediately report any defects to the Seller. Otherwise, it is assumed that the goods are free from defects and approved by the Buyer.

7.7. In the event of a malfunction of the goods, the Buyer must determine the cause of the malfunction with the Seller or promptly notify the Seller in writing of the identified defect. In this case, the Buyer must provide the Seller with proof of proper installation by an authorized service center or a copy of the invoice for installation.

7.8. In the case of any defect in the goods, the Buyer must address their complaint directly to the Seller and agree on all conditions of the complaint directly with the Seller.

7.9. If a defect in the supplied goods is found during the warranty period, the Seller is obligated to remedy the defect at their own expense in a manner of their choice. If it is not possible to remove the defect, the Seller agrees to provide the Buyer with a replacement product for the returned defective product or, upon mutual agreement with the Buyer, offer a reasonable discount on the purchase price.

7.10. To resolve the defect in the supplied goods, the Buyer must promptly return or hand over the complained-about goods to the Seller.

7.11. The existence of any defects in the supplied goods does not relieve the Buyer of the obligation to pay the agreed purchase price to the Seller. The Seller’s right to receive the agreed purchase price remains intact.

7.12. The Buyer’s rights to remedy defects by the Seller expire if the complaints are not made during the warranty period.

8. Warranty Conditions for Natural Persons

8.1. The warranty period for goods supplied by the Seller is 24 months.

8.2. The warranty period for used goods and used spare parts supplied by the Seller is 12 months.

8.3. Warranty Conditions:

• The Seller provides a warranty for the quality of the supplied goods, meaning that the goods will maintain their agreed or usual properties and functional suitability.
• Natural (i.e., normal) wear and tear and damage to the goods due to improper use or excessive strain by the Buyer are not covered by the warranty.
• The Seller does not provide a warranty for the quality of the supplied goods in the event of defects arising from:
  • Defects occurring during installation or modification if such installation or modification was not performed professionally in accordance with the Seller’s regulations.
  • Improper or prohibited handling of the goods despite written warnings in the product manual or excessive strain on the goods.
  • Modifications to the goods made after delivery to the Buyer without prior written consent from the manufacturer.
  • Defects caused by inappropriate installation, non-compliance with installation specifications for the particular installation, or installation contrary to the Seller’s instructions.

8.4. The warranty period begins on the day the Buyer takes possession of the goods.

8.5. If the purchased goods are to be put into operation by someone other than the Seller, the warranty period starts on the day of the goods’ operation if the Buyer ordered the operation within three weeks from taking possession and provided the necessary cooperation for the service in a timely manner.

8.6. The warranty period is extended by the time from when the defect claim is made until the day the Buyer is obligated to collect the repaired goods from the Seller.

8.7. The Seller is obligated to provide the Buyer with a confirmation indicating when the Buyer filed a warranty claim, when the repair was performed, and how long the repair took.

8.8. In the case of a free replacement of the claimed goods or any of their parts by the Seller, a new warranty period starts from the day the Buyer receives the new goods or part.

8.9. When purchasing goods at the Seller’s store, the Buyer is required to check the completeness and functionality of the goods on-site and immediately report any defects to the Seller. Otherwise, the goods are considered defect-free and approved by the Buyer.

8.10. In the case of malfunctioning goods, the Buyer must determine the cause of the malfunction with the Seller or promptly notify the Seller in writing of the identified defect. The Buyer must provide the Seller with proof of proper installation by an authorized service center or a copy of the installation invoice.

8.11. The Buyer must directly contact the Seller to resolve any defect in the goods and agree on all conditions of the complaint directly with the Seller.

8.12. If a removable defect in the supplied goods occurs during the warranty period, the Seller is obligated to remove the defect without undue delay and free of charge. The Buyer can instead request a replacement of the goods with a defect-free item or a part replacement, if it does not impose unreasonable costs on the Seller relative to the price of the goods or the severity of the defect. The Seller may always opt to replace the defective goods with a new, defect-free item if it does not cause significant inconvenience to the Buyer.

8.13. For a properly claimed warranty defect that cannot be remedied and prevents the normal use of the goods, the Buyer has the right to a free replacement of the defective goods with a defect-free item or to withdraw from the contract. For other non-removable warranty defects, the Buyer is entitled to a reasonable discount on the purchase price.

8.14. To resolve a defect in the supplied goods, the Buyer is obligated to promptly return the defective goods to the Seller for repair or replacement.

8.15. The existence of any defects in the supplied goods does not relieve the Buyer of the obligation to pay the agreed purchase price. The Seller’s right to receive the agreed purchase price remains intact.

8.16. The Buyer’s rights to remedy defects by the Seller expire if not exercised during the warranty period.

9. Installation and Operation Instructions for Goods

9.1. Installation of the goods can only be performed and verified by persons authorized by the Seller.

9.2. The installation of the goods must always be carried out in accordance with the provided Installation Instructions, Operation Manual, and also in accordance with the Type Approval of the goods, if available.

9.3. If the Seller has provided the Buyer with an Operation Manual for the goods, this manual is binding on the Buyer. Therefore, the Buyer is only authorized to put the goods into operation and use them according to the Operation Manual.

9.4. If the Buyer acts contrary to the installation and/or operation instructions, there is a real risk of damage to persons and property due to such improper use or operation of the goods. In this case, the Seller is not liable for any damages to the Buyer’s property and/or third parties, injury, or consequential damages. The Buyer will bear full responsibility for any such damages.

9.5. The Seller is also not liable for any damages caused by the wear and tear of individual parts of the supplied goods, particularly in the case of ‘consumable goods’.

10. Withdrawal from the Contract and Return of Goods

10.1. In case of an online and mail-order purchase, the Buyer has the right to withdraw from the contract entered into with the Seller within 14 calendar days of receiving the goods without providing any reason. The Buyer must notify the Seller in writing within this period about the withdrawal. The goods, in their original packaging, complete and undamaged, along with all documents received from the Seller at the time of purchase, must be returned either in person or by registered mail to the Seller’s address: Štefánia Hostinová – HOSTIN, SNP 129, 919 04 Smolenice, at the Buyer’s own expense (i.e., not on delivery). The Seller is obliged to refund the purchase price of the goods to the Buyer’s account upon receipt of the complete and undamaged returned goods, unless otherwise agreed by the parties. The Seller bears the costs incurred in connection with sending the goods to the Buyer.

10.2. If the Buyer directly returns the purchased and received goods from the Seller’s store, which they have inspected or even tested at the time of purchase, this is only possible with the consent of the Seller’s shopkeeper. If the shopkeeper agrees to such a return and the refund for the purchase of the goods, the Seller is entitled to charge the Buyer a handling fee of 5% of the purchase price of the goods, but no less than €3.32.

10.3. In cases where the Seller incurs exceptionally increased costs in acquiring the goods the Buyer wishes to return, such as due to a special order or express delivery, the Seller has the right to demand full compensation for these additional costs from the Buyer. The Buyer is obliged to cover these extraordinary costs in full.

10.4.If the Buyer fails to meet any of the conditions mentioned in this section, the withdrawal from the contract will not be valid. The Seller will not accept the withdrawal from the contract and will return the delivered or returned goods to the Buyer at the Buyer’s expense.

10.5. In the event of a breach of the conditions for withdrawal from the contract or proper return of goods as per this section of the Terms and Conditions, the Seller is entitled to claim compensation for any damage caused according to applicable legal regulations.

10.6. Alternative Dispute Resolution

If the customer is dissatisfied with the manner in which the Seller handled their complaint or believes that the Seller has violated their rights, the customer has the right to request remedy from the Seller. If the Seller responds negatively to the customer’s request or does not respond within 30 days from the date of submission, the customer has the right to file a proposal for alternative dispute resolution in accordance with Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments to Certain Acts.

The competent authority for alternative dispute resolution with the Seller is the Slovak Trade Inspection or another competent legal entity listed in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/); the customer has the right to choose which of these alternative dispute resolution entities to contact.

11. General Provisions

11.1. All drawings, descriptions, and other technical documentation related to the Seller’s goods are the property of Štefánia Hostinová – HOSTIN, located at SNP 129, 919 04 Smolenice. Without the Seller’s consent, the Buyer may not use these documents for any purpose other than for the installation (or assembly), use, or maintenance of the goods. The Buyer is specifically prohibited from reproducing, distributing, or otherwise making these documents available to third parties without the Seller’s prior consent.

11.2. If the Seller provides the Buyer with samples of the goods, these samples remain the exclusive property of the Seller. Therefore, the Buyer is not authorized to make these samples available to third parties without the Seller’s prior consent.

11.3. If the Seller creates any new tools and fixtures for the purpose of manufacturing custom goods (i.e., goods with non-standard construction), these tools and fixtures remain the Seller’s exclusive property, even if the Buyer contributed to the cost of their creation.

12. Final Provisions

12.1. These General Terms and Conditions (GTC) are binding on the Buyer from the day of their publication at the Seller’s registered office and on the Seller’s website: www.hostin.sk. These GTCs are binding for the Buyer in the version valid on the day of the purchase of the goods or the sending of the order by the Buyer through the online store.

12.2.By submitting an order, the Buyer confirms that they accept the price for the ordered goods, including shipping and handling costs, the GTC, and the complaint procedure in force at the time of the purchase of the goods or sending of the order by the Buyer through the online store. By sending the order and receiving the invoice issued by the Seller for the delivery of goods, the Buyer also confirms that they have read these GTCs, fully understood their content, agree with them, and that their intention to be bound by these GTCs in the purchase of goods is free and serious, and that their expression of will to enter into the purchase contract for the supply of goods is clear and definite, and that they accept these GTCs without reservations, not under duress, or under notably disadvantageous conditions.

12.3. Personal Data and Its Protection: The parties agree that if the Buyer is a natural person, they must provide the Seller with their name, surname, and permanent address including postal code, phone number, and email address. If the Buyer is a legal entity, they must provide the Seller with their business name, and registered office address including postal code, company identification number (IČO), tax identification number (DIČ), phone number, and email address. The Buyer acknowledges that the Seller processes and stores their personal data, as specified above, and/or data necessary for the Seller’s activities, in accordance with Act No. 18/2018 Coll. on Personal Data Protection, as amended. The Seller will process personal data for the purpose of providing the agreed service or selling goods, as well as based on special regulations. The Buyer is also aware that the Seller may use additional suppliers or business partners who have access to the Buyer’s personal data. These entities are bound by a data processing agreement and protect the Buyer’s personal data in accordance with data protection legislation. The Seller is committed to handling and managing the Buyer’s personal data in accordance with applicable Slovak legal regulations. The Buyer acknowledges that the Seller may send offers, promotions, and other advertising or promotional materials as part of the Seller’s authorized activities. The Buyer may refuse such communications and withdraw their consent at any time through the contact details provided on the Seller’s website. The Buyer also confirms that they are aware that further information on the processing methods and purposes can be found on the Seller’s website in the GDPR section.

12.4. The Seller undertakes to archive the purchase contract concluded between the Seller and the Buyer in electronic form along with the GTC for a period of 5 years. The archived contract is not accessible to the Buyer and serves only for the Seller’s administrative and archival purposes.

12.5. The purchase contract between the Seller and the Buyer in accordance with these GTCs must be concluded in the Slovak language unless otherwise agreed by the parties.

12.6. In the event that any part of these GTCs becomes invalid and/or ineffective, this fact shall not affect the validity and effectiveness of the remaining parts of these GTCs, which shall remain valid effective, and binding for the Buyer. The Seller reserves the right to amend these GTCs if necessary to align them with new binding Slovak legislation or for the purpose of future updates. In such cases, the Seller is entitled to change the content of these GTCs, and is obliged to publish the amended current version on their website: www.hostin.sk.

12.7. These GTCs are valid and effective from May 25, 2018. By accepting these GTC, all previous terms and conditions of Štefánia Hostinová – HOSTIN, valid and effective until May 24, 2018, are hereby canceled.

In Smolenice, May 25, 2018