of the trading company GALIJA COLOR s.r.o., ID number: 36 594 385, with registered office at Dopravná 8, Košice – Sídlisko Ťahanovce 040 13, registered in the commercial register of the District Court of Košice I, section: Sro, insert number: 16696/V (hereinafter referred to as “the seller “) for the sale of goods, namely powder and liquid industrial paints and car varnishes, as well as accessories for surface treatments (hereinafter referred to as “goods“).
- INTRODUCTORY PROVISIONSThese general terms and conditions (hereinafter referred to as “ GT&C “) of the seller govern the rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “purchase contract”) concluded in accordance with the provisions of § 409 et seq. Act no. 513/1991 Coll. The Commercial Code (hereinafter referred to as the “Commercial Code”) between the seller and a natural person – entrepreneur or legal entity as a buyer (hereinafter referred to as the “buyer”).
The purchase contract between the seller and the buyer is concluded in the manner specified in these GT&C. The provisions of these General Terms and Conditions are an integral part of the thus concluded purchase contract. Provisions of the purchase contract that deviate from the provisions of the General Terms and Conditions take precedence over the provisions of the General Terms and Conditions.
In the case of a buyer who has concluded a Framework Purchase Agreement with the Seller, the provisions of the Framework Purchase Agreement take precedence over the provisions of these General Terms and Conditions, unless expressly stated otherwise.
- PURCHASE CONTRACT
The subject of the purchase contract are the individual products that the buyer chooses from the range of goods, orders them from the seller, and the order will be accepted by the seller. The delivery time for goods that the seller has in stock is within 24 hours. In the case of goods that the seller does not have in stock, the delivery time will be notified to the buyer when the order is confirmed.
The buyer can place the order in person, by phone or by sending an e-mail message to the seller at the relevant contact details of the seller listed in these GTC.
Before accepting and confirming the order, the seller will determine the availability status of the goods in question. Subsequently, the order will be accepted and confirmed in basically the same way as the order was made or in another suitable way.
The purchase contract is concluded when the seller accepts and confirms the buyer’s order. At the same time, it will notify the buyer of the expected date of pick-up or the availability of the goods, or will send the goods to the buyer.
The seller reserves the right to propose to the buyer the conclusion of a purchase contract under conditions other than those specified in the order (hereinafter referred to as the “offer”). The seller can make the offer especially if the requirements stated in the order cannot be met due to the unavailability of the ordered goods. The offer is considered a new draft of the purchase contract. A new purchase contract is concluded as soon as it is confirmed by the buyer.
The seller is entitled to make an offer even if there is an obvious administrative or technical error, mainly consisting in the incorrect indication of the price of the goods. In this case, the seller informs the buyer about this error without undue delay and sends the buyer a new offer. Upon detection of such an administrative or technical error after the conclusion of the purchase contract, the seller is entitled to withdraw from the purchase contract or part of it without undue delay.
- PURCHASE PRICE AND PAYMENT TERMS
The valid purchase price of the goods is the price of the goods listed in the product catalog offered by the seller or notified to the buyer by the seller.
The seller is entitled to unilaterally change the price of the goods. Such a price change is considered a new offer.
The buyer can pay the purchase price by cashless transfer to the seller’s account based on the invoice or in cash or by credit card.
The purchase price is considered to have been paid by payment in cash, payment by payment card or online payment gateway, or payment of the invoice by crediting the seller’s account.
The buyer becomes the owner of the goods only after full payment of the purchase price.
- TERMS OF DELIVERY
The goods will be delivered to the buyer through personal collection by the buyer in the store, or in the seller’s warehouse or via a courier service.
The buyer will be invited by the seller to pick up the goods in the manner agreed upon when confirming and accepting the order. If the seller and the buyer so agree, the seller is entitled to prepare the goods for pick-up even in parts and to inform the buyer about the possibility of taking over a part of the goods.
The buyer is obliged to pick up the goods no later than 3 working days from the day the seller invites him to pick up the goods, unless he agrees on another delivery date.
The goods are delivered to the buyer at the moment the goods are taken over by the buyer or when the goods are handed over for transport to the courier service.
The seller reserves the right to extend the delivery period specified in these GTC or in the order confirmation in the event of extraordinary events, a problem with deliveries from its suppliers or for other objective reasons. The buyer will be informed about the extension of the delivery period without unnecessary delay.
The risk of damage passes to the buyer upon receipt of the goods. The risk of damage passes to the buyer after the conclusion of the purchase contract, even if the buyer does not take over the goods, although he was allowed to dispose of them. Damage to the goods that occurred after the risk of damage has passed to the buyer does not affect his obligation to pay the purchase price. This does not apply if the seller caused the damage by breaching his duty.
- RULES FOR USING THE GOODS AND SECURITY CONDITIONS
The buyer acknowledges that some types of goods, especially paints and varnishes, are subject to special rules for use or safety regime. The required product documentation (especially safety data sheets, declaration of conformity, technical sheets or other certificates) will be provided to the buyer in electronic form.
Safety data sheets will be provided to the buyer free of charge in electronic form on the website http://sdstds.pow.dcicolor.info/#Sds/SK/sk/Search for individual products.
Technical sheets will be provided to the buyer free of charge in electronic form on the website http://sdstds.pow.dcicolor.info/#tds/SK/sk/Search for powder paints and on the website https://sdstds.dcicolor.info/# Sds/SK/SK for wet paints.
The data specified in the specific technical sheet will be refined and adjusted by the seller’s technician so that they correspond to the buyer’s specific conditions. The buyer confirms that he agrees with this method of providing product documentation and that he had the opportunity to familiarize himself with the product documentation before concluding the purchase contract.
In order to ensure compliance with the rules for the use of goods and the safety regime, the seller provides buyers with personal advice or a technical audit upon request, which are intended to ensure compliance with all rules for the use of products by the buyer. In the event that the buyer is not sure what rules and how he should comply with the delivered goods, he should contact the seller for the purpose of providing personal advice, or for the purpose of performing a technical audit.
The seller recommends that the buyer do a mini test before the final use of paints and varnishes, which will verify the correctness of the application procedure and guarantee the best possible final result.
- LIABILITY FOR DEFECTS AND COMPLAINTS PROCEDURE
The seller’s responsibility for product defects towards the buyer and the buyer’s claims for product defects are governed by the provisions of § 420 et seq. Commercial Code.
The seller assumes an obligation towards the buyer that the delivered goods will be suitable for use as agreed, or usual purpose during the period of use indicated on the packaging of the individual product (quality guarantee).
The buyer is entitled to claim responsibility for defects with the seller through the contacts listed in these GTC or in person at the seller’s store.
In order to assess the validity of the buyer’s complaint, due to the need to observe special rules for the use of goods, the following conditions must be observed:
- a) The buyer is obliged to file a claim with the seller no later than 24 hours after discovering the defect in the delivered goods.
- b) As part of the claim, the buyer is obliged to make photo documentation of the defects of non-conforming products and submit this together with the claim.
- c) The buyer is obliged to put away the non-conforming product and, at the request of the seller, allow him to inspect this product.
- d) The buyer is also obliged to make a record and protocol of the painting on the day in question and to make a record of the exit inspection of the painted products, which he submits together with the claim.
- e) In the complaint, the buyer is obliged to describe the storage and transport of the paint and to describe the packaging of the final products.
The buyer acknowledges and agrees that without submitting and providing the above outputs and information, it is not possible to assess the validity of the claim made by him. The buyer agrees that his claim will not be settled before he fulfils the above conditions for applying the claim.
- LIABILITY FOR DAMAGES AND INTELLECTUAL PROPERTY RIGHTS
Regarding the seller’s responsibility for damages or other damages incurred by the buyer in connection with the purchase contract, the seller and the buyer state that such possible damage, which can be foreseen taking into account all the circumstances to the best of their knowledge, will not exceed the purchase price of the goods paid by the buyer on the basis of the relevant purchase contract. The seller is in no way responsible for any consequential or indirect damages, including lost profit.
All rights to patents, utility and industrial designs, trade names, company brands, registered signs or trademarks remain the exclusive property of the seller or other manufacturer of the supplied goods even after the sale of the goods, and the buyer is not entitled to use these rights without written consent.
- CONTACT DETAILS OF THE SELLERContact details of the seller:
GALIJA COLOR s.r.o.
ID: 36 594 385
Registered office: Dopravná 8, Košice – town district Sídlisko Ťahanovce 040 13e-mail: firstname.lastname@example.org
Owner, business, marketing and tech. support:
Gabriel Jaklovský st.
+421 (0)918 512 138
Ing. Sedlák Miloš
+421 (0)915 313 474
Business, marketing and technical support
+421 (0)948 337 447
+421 (0)905 881 094
+421 (0)918 233 918
+421 (0)905 881 094
+421 (0)908 919 743
Nitra operations management, sales, marketing
Gabriel Jaklovský Jr., Manager
+421 (0)917 202 306
Business, marketing and technical support, orders, sales assistant:
Ing. Andrea Urbanová
+421 (0)918 773 063
+421 (0)918 772 063
The buyer can use the given contact information for the purposes of orders, claims, complaints and suggestions.
The operator of the personal data of customers and their representatives is the company GALIJA COLOR s.r.o., ID number: 36 594 385, with its registered office at Dopravná 8, Košice – urban district Sídlisko Ťahanovce 040 13, registered in the commercial register of the District Court of Košice I, section: Sro, insert number: 16696 /IN
The operator’s contact details are listed in these GT&C.
The protection of personal data is governed by the relevant legal regulations (in particular the General Regulation on the Protection of Personal Data 2016/679 – GDPR) and the terms of processing personal data.
- FINAL STATEMENTS
In the event that the relationship established by the sales contract contains an international element, this relationship is governed by Slovak law. This does not affect the buyer’s rights arising from generally binding legal regulations. The UN Convention on Contracts for the International Sale of Goods (CISG) in accordance with Art. 6 of this convention shall not apply.
In the event that any provision of the GT&C becomes wholly or partially invalid, ineffective or unenforceable, such provision shall be replaced by a provision whose meaning and purpose is as close as possible to such invalid, ineffective or unenforceable provision. If such a provision does not exist and if the relevant provision would be valid, effective and enforceable if part of it were omitted, this provision or part of it will be considered omitted to the extent necessary for the validity, effectiveness and enforceability of the GT&C as a whole.
The seller reserves the right to change the GT&C without prior notice. The General Terms and Conditions in the version valid at the time the purchase contract is concluded are always applied to individual contractual relationships.
These General Terms and Conditions enter into force on 11.03.2022.
In Košice, on February 11, 2022
I agree with the above-mentioned general terms and conditions, including the conditions for complaints about defects in the delivered goods.