General terms and conditions
of Limited liability company: New Way system s.r.o. with registered office: Červenej armády 1
036 01 Martin, ičo 51419289, dič 2120684500 – hereinafter referred to as the “seller“) in the operation of the online store through the domain www.newwaysystem.com (hereinafter referred to as the “General Terms and Conditions“).
- General provisions
1.1. These general terms and conditions apply to the contractual relations, that arise between the seller and the buyer by concluding the purchase contract and form part of any purchase contract concluded between the parties.
1.2. By filling out the order form and sending it (hereinafter referred to as “the order”), the buyer accesses these general terms and conditions of the seller, which are still accessible on the seller’s website.
1.3. The seller is the operator of the e-commerce system operated through the seller’s website www.newwaysystem.com
1.4. Buyer is any person (natural or legal), who has filled in and sent an order for goods, services or electronic content through the seller’s website, received an email notification of receipt of the order and paid the purchase price.
1.5. For contractual relations (as well as other legal relations that may result from the contractual relationship) with natural persons who do not act within the subject of their business activity when concluding the purchase contract according to these general business conditions, apply in addition to the general provisions of Act no. 40/1964 Coll. Civil Code as amended, especially Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and Act no. 250/2007 Coll. on consumer protection.
1.6. For contractual relations (as well as other legal relations, that may result from the contractual relationship) with legal persons, resp. with natural persons – entrepreneurs, the provisions of Act no. 513/1991 Coll. Commercial Code as amended are applicable.
2.1. The subject of the order is electronic content offered by the seller on his website. The goods are electronic books.
2.2. The supplier of goods, services and electronic content is the seller.
2.3. The order is created by filling out the order form and confirming familiarity with these general terms and conditions.
2.4. By sending the order, the buyer agrees with the price of the ordered goods/merchandises and the order becomes binding for the buyer. By sending the order, the buyer is bound to pay the purchase price of the ordered goods.
2.5. After creating the order, an email confirming receipt of the order is automatically sent to the buyer.
2.6. Confirmation of the order by the seller creates a purchase contract, which can be changed, cancelled or supplemented only by mutual agreement between the buyer and seller, unless otherwise provided by law or regulation.
2.7. The seller shall issue a tax receipt to the buyer – the invoice. This serves as proof of payment.
- Electronic books
3.1. When purchasing electronic content, especially electronic books, these conditions are extended by The License Agreement and the conditions of use of e-books.
4.1. All prices are final and valid as stated in the order form and at the time of sending the order.
4.2. The seller is not a VAT payer.
- Terms of payment
5.1. The goods can be paid for in the following ways:
1. a) payment by online payment card and bank transfer. Payment card numbers, credit cards and e-banking passwords are entered using a secure and trusted channel of the payment institution;
- Delivery terms and conditions
6.1. After paying for the order and crediting the seller’s account, the goods are sent.
6.2. In the case of an electronically delivered service, the buyer is obliged to check his e-mail box, all its folders and under folders (advertising, spam).
6.4. If the buyer does not find an email with the delivered goods in his e-mail box even after a thorough and repeated search, he will ask for technical support at firstname.lastname@example.org.
- Transfer of ownership
7.1. Ownership passes from the seller to the buyer at the time of payment of the full purchase price for the subject of the purchase contract.
7.2. The seller reserves the right, in the event of a complaint by the buyer, to equip the goods, which are still covered by the seller’s ownership right, only at the moment of full payment of the subject of the purchase contract.
- Warranty, complaint of goods and withdrawal from the contract
8.1. The warranty period for goods purchased in the online store www.newwaysystem.com is 24 months as standard. The warranty period begins on the day the goods are taken over by the customer.
8.4. According to §7 and seq. Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance or off-premises contract of the seller and on the amendment of certain laws, the consumer has the right to withdraw from the purchase contract without giving a reason within 14 calendar days from the date of receipt of goods.
In accordance with the provisions of § 7 par. 6 of Act no. 102/2014 Coll. the customer cannot withdraw from the contract, the subject of which is:
sale of books not supplied in protective packaging and sale of periodicals,
the sale of sound recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the customer has unpacked this packaging,
the provision of electronic content other way than on a tangible medium, if its provision began with the express consent of the customer and the customer has stated that he has been duly informed that by expressing this consent he loses the right to withdraw from the contract
8.5. The seller is responsible to the buyer for:
– observance of the price valid at the time of sending the order to the customer, if the order was accepted,
– delivery of goods, services or electronic content without defects,
– delivery of goods, services or electronic content in quantity and quality according to the order, provided that it has been accepted;
– sending of a tax document (invoice).
8.6. The seller is not responsible to the buyer for:
– delayed delivery of the goods due to the incorrect e-mail address of the recipient;
– for any damage incurred by the user in connection with the use of electronic content.
- Alternative settlement of disputes
9.1. If the buyer is not satisfied with the processing of his order or the delivered goods, he has the right to write to email@example.com. If the buyer’s complaint has not been settled to his satisfaction or he believes that the seller may have violated his rights, according to Act 391/2015 Coll. he can apply for an alternative dispute resolution.
9.2. Alternative dispute resolution can only be used by the consumer (a natural person), who, in the conclusion and performance of a consumer contract is not acting in the course of his business, employment or profession. Alternative dispute resolution only concerns a dispute between a consumer and a seller, the value of which exceeds EUR 20, arising from a consumer contract concluded at a distance.
9.3. Subject of the alternative dispute resolution according to §3 of Act 391/2015 Coll. may require the consumer to pay a fee for initiating a dispute of up to EUR 5 with VAT. The proposal may be made by the means specified by the consumer pursuant to §12 of the Act 391/2015 Coll.
- Final provisions
10.1. The seller reserves the right to change and amend these general terms and conditions without prior notice to the buyer.
10.2. In the event of a change in the general terms and conditions, the entire purchase process is governed by those general terms and conditions that were valid at the time of sending the order to the buyer and these are available on the seller’s website.
10.3. Unregulated relations in these general terms and conditions are governed by the relevant provisions, in particular by Act no. 40/1964 Coll., Act no. 250/2007 Coll., Act no. 102/2014 Coll., Act no. 122/2013 Coll., Act no. 22/2004 Coll. as well as Act no. 513/1991 Coll.
These terms and conditions shall enter into force on the date of 10.03.2020.