Business conditions

General terms and conditions
Effective from: 11.09.2019
The company FC ecom s.r.o., with its registered office in Veľkomoravská 2866/9, Trenčín 911 05, IČO: 51 750 155, IČ DPH : SK2120774106 is registered in the Commercial Register of the District Court Trenčín, Section: Sro, File No .: 36568 / R (hereinafter referred to as the seller, "FACTCOOL" "or" FC ecom "), is the online store operator at www.factcool.com with fashionable textiles, shoes, and other goods. These General Terms and Conditions further define and specify the rights and obligations of the seller, which is FC ecom s.r.o. and the buyer (hereinafter referred to as the "customer" - an individual or legal person, or "consumer") in the online sale of goods. All such contractual relations are governed by the generally binding regulations of the Slovak Republic, the concluded purchase contract and these General Terms and Conditions, which apply to customers and visitors. These General Terms and Conditions may be modified and changed by the Seller at any time. These modifications and changes do not affect the contractual relationships established during the effective date of the previous version of the General Terms and Conditions.
Contends
General terms and conditions
1 Definitions
2 Registration
3 Goods and price of goods
4 Purchase Agreement
5 Withdrawal from the contract (return and replacement of goods)
6 Warranty
7 Payment Terms
8 Gift vouchers and discount codes
9 Transport and delivery of goods
10 Protection of personal information
11 Applicable law, supervisory authority, and dispute resolution
12 Final Provisions
1 Definitions
1.1 Definitions of terms used in these General Terms and Conditions:
“Seller - FACTCOOL”, “we” or “us” means FC ecom s.r.o.
“Consumer” means a person who is not an entrepreneur.
“Contract” means the contract for the sale of the goods concluded between the customer and FC ecom.
“Customer” means the user of the FACTCOOL website, whether Consumer or Entrepreneur.
“Goods” means goods that are advertised on the FACTCOOL website and are intended for sale.
“Personal Information” means the data provided by the customer when registering on the Website or when placing an order.
“Terms” means these General Terms and Conditions.
“B2B” means Business To Business Relationship and communication, business transactions between business entities.
“Entrepreneur” is a person who fulfills the definition in § 2 para. 2 of Act no. 513/1991 Coll., Commercial Code.
“Website” means the Website accessible at www.factcool.com or www.factcool.com
2 Registration
2.1 Registration and Provision of Personal Information
(a) Registration is not compulsory, and will, of course, remain free of charge.
(b) If you choose to register, you will be able to track the status of your order and you will not be prompted to provide your personal information again at your next visit.
(c) By registering as a user of the Website, you warrant that:
i. The personal information you provide as a user during registration is true, accurate, up-to-date and complete in all respects;
(d) You further warrant that you will not impersonate any other person or entity during registration and that you will not use a false name or other designation that you are not authorized to use for the purpose of registration.
3 Goods and price of goods
3.1 Description of the Goods
(a) A description of the main characteristics of the Goods can be found on each product page on the Website.
(b) We make every effort to ensure that the description and specification of the Goods are as accurate as possible. Except for the color reproduction, which may in fact be subject to minor variation.
3.2 Goods offer
An offer of goods means selected goods offered through the catalog on the website of the online store, where the seller notifies the customer before concluding the purchase contract or. before the order is placed in a clear and comprehensible manner, the main characteristics of the goods or the nature of the service, as well as other legally required facts to the extent appropriate to the means of communication used.
3.3 Price of Goods
(a) Prices for the Goods are published on the Website in Euro, including VAT, but do not include delivery costs or cash on delivery charges.
(b) Prices and stock offers may vary and may only be available for a limited period of time.
(c) FACTCOOL is under no obligation to sell you Goods that have been marked with the wrong price.
4 Purchase Agreement
4.1 Conclusion of the purchase agreement
(a) The contract between you and FACTCOOL will be concluded under Slovak law.
(b) The contractual relationship between the seller and the consumer arises from the delivery of the order of goods with the obligation of payment by the consumer to the seller. The seller confirms acceptance of the order by email message to the consumer's email address.
(c) The costs incurred to the buyer when using the means of distance communication in connection with the conclusion of the purchase contract (eg costs of internet connection or telephone communication costs) shall be paid by the buyer himself
(d) You can unsubscribe from the news via an email link not older than 30 days.
(e) By completing the purchase, the user agrees to receive the newsletter.
4.2 Creating an Order
(a) On the Website, select the quantity and size of the Goods you are interested in and click the 'Buy' button.
(b) You may check the quantity, color or size of the Goods or remove the Goods from the shopping cart completely before confirming the order.
(c) Then select your preferred payment method and delivery method.
(d) If you are a registered user, you can log in. If you are a new user, you can register on the Website or complete your order without registering. This option requires you to enter your personal information, your billing address (which must match the address on your credit/debit card), and your shipping address if you wish to deliver your order to a non-billing address. Consequently, it is necessary to confirm your agreement with the terms and conditions and also that you agree to the processing of personal data before completing the order.
(e) Before confirming the order, please check your shopping cart and ensure that all Goods specifications, such as size and color, comply with your requirements. Then click the "ORDER" button with the obligation to pay.
(f) By placing an order through the Website, you confirm that your legal capacity has not been restricted and that you are legally competent to enter into binding contracts and are over 18 years of age.
(g) Once the order has been confirmed, it can no longer be changed, but you can cancel it by sending your request to factcool-en@factcool.com or, if necessary, by calling the Customer Support Line.
032/321 72 40. We can cancel the order until it is packed and possibly already shipped.
4.3 Merge of orders
FACTCOOL does not combine or merge multiple orders into one delivery.
4.4 Contract archives
(a) Contracts concluded between FACTCOOL and its customers are stored in an electronic archive that is accessible to registered FACTCOOL customers directly from their user account. The Agreement shall be archived for at least five years from the date of implementation, but no longer than for the period required by applicable law.
4.5 Business Procurement (B2B)
Of course, it is also possible to make a purchase through B2B on our website. To successfully complete a B2B order, the following conditions must be met:
i. You can only make a purchase as a registered customer -> more information on registration, see point 2.2. Registration and provision of company data.
ii. Add your organization's identification information in your account information section. The business address must match the delivery address.
iii. The customer is verified by us for the correctness of the given data.
iv. Thus registered customer selects products with VAT price, after selecting the company delivery address in the shopping cart, the purchase price is converted and updated to the price without VAT.
5 Withdrawal from the contract by the customer, return or exchange of goods.
5.1 As a customer, you have 14 days from the day the goods were delivered to you to change your mind and decide to return the Goods. You may return any Goods in accordance with the terms and conditions set forth in this section of the General Terms and Conditions except for the type of Goods for which the law excludes their return. These includes:
i. personalized Goods or Custom made goods;
ii. Perishable goods;
iii. Goods that are sealed for safety or hygiene reasons if you have a broken seal.
iv. Goods that were inseparably mixed after delivery.
5.2 Agreement withdrawal period
(a) The period laid down in clause 5.1 shall commence on the day of delivery of the Goods, namely:
i. from the date of delivered Goods,
ii. from the date of receipt of the last part of the order (in the case of a contract involving several types of Goods or delivery of several parts of the Goods), or
iii. from the date of receipt of the first delivery of goods (in the case of a contract covering several types of Goods delivered in a repeated delivery).
(b) the withdrawal period expires 14 days from the date of delivery of the Goods. If an order consists of multiple items or parts that are delivered on different days, the withdrawal period (in relation to the order as a whole) ends 14 days after the date of delivery of the last item or part.
5.3 How to withdraw from the contract
(a) You may withdraw from the Agreement primarily by using the Return Form available on the Website, where we will ask you to fill in your details and order details. You can cancel the agreement by sending an e-mail to factcool-en@factcool.com, or by post to FC ecom sro, Veľkomoravská 2867, 911 05 Trenčín (if you are located in Slovakia) or by phone at +421 000 000 ( if you're located in EE- LT ... )
5.4 Return of Goods
(a) You may return the goods primarily through the Return Form available on the Website.
The goods must be returned in the same condition in which they were delivered, undamaged, preferably in the original packaging with the original labels used to identify the goods. The goods must be returned complete, i. along with all accessories, full documentation, and gifts (if included),
(b) You must mail the Product no later than 14 days after the date on which FACTCOOL has been informed of the withdrawal or return of part of the order to the following address:
EE, LT BA ...
(c) If you believe you have received damaged Goods, return them to FACTCOOL and provide the following details with them:
• Order number
• Product Code / Product Name
• Details of the defect
(d) Return of the Goods is on your responsibility. It is recommended to send the Goods by post and by registered mail. At the same time, we remind you that you bear all the cost of returning the goods, except when we have sent you an item by mistake or if you have received damaged goods and this has been acknowledged by the claim department. If the goods cannot be returned by post due to their nature, we will charge you a pick-up fee.
(e) Please note that if the goods are shipped with any gifts, you and FACTCOOL have concluded a donation contract, provided that such a donation contract is terminated as soon as the customer has exercised the right of withdrawal under clause no. 5. You must then return the goods together with the gifts and all accessories; failure to do so will be considered as unjust enrichment. If it is not possible to issue the proceeds obtained by unjust enrichment, FACTCOOL shall be entitled to claim monetary compensation equal to the current price.
(f) You have a legal obligation to treat the Goods appropriately and responsibly while in your possession. If you fail to comply with this obligation, FACTCOOL may claim damages against you. This applies to all returned Goods.
5.5 Replacement
(a) The exchange of goods is unavailable. Within 14 calendar days of receipt of the returned goods to the system, the funds for the returned goods will be transferred to the bank account you have entered.
5.6 Refund
(a) FACTCOOL will refund you in full for the Goods returned under paragraph 5 of these General Terms and Conditions.
(b) If you return all Goods that were in one order, FACTCOOL will reimburse you for the initial delivery of the Goods, but only up to the Standard Delivery Price. We will not reimburse any premium delivery services. If you do not return all the Goods that were part of a single order, FACTCOOL will not reimburse you for the initial cost of delivering the Goods.
(c) Upon refund, you will receive a confirmation e-mail detailing the amount returned and the Goods received by FACTCOOL. FACTCOOL will refund your money using the same payment method that you originally used to make the payment (except for cash on delivery). FACTCOOL will refund your money within 14 days of receipt of the notice of withdrawal, or sooner if FACTCOOL receives the goods for which the refund is granted, or if you can prove that the Goods have already been returned to us.
6 Warranty
6.1 Defects of goods
If the delivered goods have obvious material or manufacturing defects, including damage to the goods during transport, immediately report such defects to us or the carrier delivering the goods. However, failure to file a claim does not affect your legal claims. For any defects in the purchased goods that occur within the statutory warranty period, you may claim additional performance and, if the statutory conditions are met, additional claims for a price reduction or withdrawal.
6.2 Warranty Period
(a) The warranty period for the goods is 24 months and starts on the day the goods are delivered to the customer. The warranty does not cover mechanical damage to the product caused by misuse, inadequate maintenance or intentional damage
(b) Any claims for defects shall be made without unnecessary delay. You can only claim the defect liability rights in the court if you complained of the defects within 24 months of receipt of the goods at the latest.
6.3 Our Responsibility
(a) We are not liable for non-compliance with special care instructions on the Goods or on the packaging of the Goods
(b) We are not liable for any direct, indirect, incidental, punitive, or any other damage or lost profit, damaged data or other intangible property to the extent permitted by applicable law. This reservation also applies where we have been informed, knew or ought to have known that such damage may have occurred. Nothing in these Terms shall be construed to limit or exclude liability that cannot be limited or excluded by applicable law. In all cases and to the extent permitted by applicable law, our total liability for damages and losses incurred in connection with the Agreement is strictly limited by the purchase price paid for the Goods purchased.
6.4 Force majeure
We shall not be liable for any failure or delay in the performance of our obligations under the Agreement resulting from events beyond our reasonable control ("Force Majeure Events"). Force majeure includes any act, event, inaction, omission or accident that is beyond our reasonable control and includes, but is not limited to, the following:
ii. strikes, exclusions or other industrial restrictions;
iii. civil unrest, rebellion, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), the threat of war or preparation for war;
iv. fire, explosion, storm, flood, earthquake, landslide or sink, epidemic or other natural disasters;
in. impossibility of using railways, shipping, aircraft, car traffic or other means of public or private transport;
vi. the impossibility of using a public or private telecommunications networks; and
vii. acts, decrees, regulations, decrees or restrictions of any government.
viii. The fulfillment of our obligations under any Agreement shall be deemed suspended for the duration of the Force Majeure Event, and the period for fulfillment of our duties shall be extended during the Force Majeure Event. We will make reasonable efforts to terminate the Force Majeure Event or to find a solution that will enable the fulfillment of the Treaty obligations despite the Force Majeure Event.
7 Payment Terms
7.1 Card Payment - GoPay
You pay instantly in the ordering process by entering your payment card information through the GoPay payment gateway. Upon sending the goods, the actual invoiced price will be deducted from your payment card after discounts, vouchers, etc.
7.2 Cash on delivery - COD
Payment for the goods will be made in cash upon receipt of the parcel in the amount stated in the invoice. In the event of withdrawal, the payment will be refunded by bank transfer. To do this, we need your bank account information (IBAN and SWIFT).
We have made every effort to ensure that shopping through this Website is safe. For this reason, FACTCOOL cannot be held responsible for fraudulent use of stolen credit cards through the Website but will help you and your credit card issuer investigate suspected fraudulent use of a credit card.
8 Discount codes - vouchers
(a) The customer may redeem the discount code given to him by the FACTCOOL online store operator when making the order under the following conditions:
i-discount code cannot be redeemed repeatedly
ii - discount codes cannot be combined with each other
iii - the value of the discount code is evenly distributed among all items in the order where the discount code can be redeemed, see point ii
(b) In the event of withdrawal from the purchase contract by the customer or return of part of the goods from the order in which the discount code has been redeemed, the customer will be refunded an adequate amount for the returned goods actually paid under the purchase contract.
(c) If the discount code has a limited validity period, the customer may use the discount code within a time period ending on the validity date. Due to the non-use of the discount voucher within the period of validity, the customer is not entitled to any compensation for the unused discount code.
(d) If the discount code is applied in violation of the operator's rules for the use of discount codes, the operator has the right not to apply the discount code in the order and withdraw from the concluded purchase contract.
The above rules apply to the use of discount coupons unless explicitly stated otherwise by the operator.
9 Transport and delivery of goods
All shipments are sent via the private transport company DHL PARCEL: the shipment will be delivered no later than 2 business days after submission. You will be informed by e-mail when the goods are dispatched. However, it is necessary to fill in as the delivery address the address to which you will be reachable during the day time between 8.00-18.00. In case this place is your job, it is necessary to state the name of the company in addition to your name. The DHL PARCEL delivers our shipments also on Saturdays unless the carrier changes it directly.
9.1 Means of transport
 • Delivery to address
• Delivery to a DHL collection point
9.2 Shipping costs
Postage includes TRANSPORT FEE + DELIVERY FEE. Cash on delivery has a separate rate of 0,99 €. A paid order via GoPay is not subject to a cash on delivery fee.
(a) Upon payment of GoPay
Shipping to address: when paying via GoPay and purchasing over 40 €, you qualify for FREE shipping
For purchases of less than € 40, shipping charges of € 2.99 will be added.
Delivery to a DHL collection point: free shipping on GoPay and purchases over 40 €
For purchases of less than € 40, shipping charges of € 1.99 will be added.
(b) Cash on delivery
Delivery to address: when paying by cash on delivery and purchasing over 40 € is FREE shipping + cash on delivery fee 0,99 €
Delivery to address: when paying by cash on delivery and purchasing over 40 € is FREE shipping + cash on delivery fee 0,99 €
Delivery to DHL collection point: for purchase over 40 € free shipping + COD fee 0,99 €
For purchases of less than € 40, shipping charge of € 1.99 + cash on delivery of € 0.99
Note:
It is recommended to open the package immediately after receipt and check that the goods are not damaged even if the packaging of the goods is not damaged. If the shipment shows signs of damage upon delivery, refuse to take it over! If this unpleasant situation occurs, please inform us immediately (but no later than the next working day) of the situation by emailing factcool-sk@factcool.com. The situation will be resolved in the shortest possible time.
9.3 Declarations
(a) FACTCOOL declares to the customer that at the time of the handover of the goods for transport:
i. The goods have properties agreed by the parties or (if no agreement has been reached) properties described on the Website, or properties described by the Goods manufacturer, or properties expected by the consumer with reference to the nature of the Goods and related advertising campaign.
ii. The Goods may be used in the manner defined by FACTCOOL or in the manner in which such Goods are normally used.
iii. The goods are provided in the corresponding quantity, size or weight.
iv. The goods comply with legal requirements.
(b) FACTCOOL puts the Goods into transport purchased by customers in the agreed quantity, quality, and design.
9.4 Packaging
Unless otherwise agreed, the Goods are packaged by FACTCOOL according to common conventions, or if there are no conventions, the Goods are packaged in a manner that ensures their protection and preservation of their quality during transportation.
9.5 Availability
We make every effort to ensure that all details, descriptions, and prices of the Goods appearing on the Website are correct and up-to-date at the time they are entered into the system. But while we make every effort to keep the Website up to date, the information available on the Website may not always reflect the availability of the Goods when you place an order. The price of the Goods will be finally determined in the order confirmation form.
10 Privacy policy
FACTCOOL hereby reserves and warrants that all personal information is treated as private and confidential and is handled in accordance with the Privacy Policy.
11 Applicable law, supervisory authority, and dispute resolution
11.1 Applicable law
(a) These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Slovak Republic with respect to consumer protection provided by foreign legislation.
11.2 Complaints and Supervisory Authority
(a) You may file any complaint through the contact form or address it to the appropriate government authorities.
(b) Compliance with legal regulations for the protection of consumer rights is controlled by the Slovak Trade Inspection.
Slovak Trade Inspection
central inspectorate

Slovenská obchodná inšpekcia pre Trenčiansky kraj

Hurbanova 2944/59, 911 01 Trenčín
https://www.soi.sk/
(c) You are kindly requested to contact FACTCOOL through our website- factcool@factcool.com before contacting the competent authorities.
11.3 Alternative dispute resolution
(a) Any dispute between us and a consumer from any country of the European Union under the Treaty that we have not been able to resolve together may be settled out of court through the ADR or online ADR authority.
(b) The competent authority for alternative dispute resolution between Entrepreneurs and Consumers is the Slovak Trade Inspection Authority:
Slovenská obchodná inšpekcia
ústredný inšpektorát
Odbor pre medzinárodné vzťahy a alternatívne riešenie spotrebiteľských sporov

Slovenská obchodná inšpekcia pre Trenčiansky kraj

Hurbanova 2944/59, 911 01 Trenčín
https://www.soi.sk/
(c) The list of out-of-court dispute resolution bodies within the European Union is available at the following website: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/ index_en.html
(d) As a consumer from a European Union country, you can use the online dispute resolution platform managed by the European Commission at the following website: http://ec.europa.eu/consumers/odr/.
11.4 Jurisdiction
(a) To the extent permitted by applicable law relating to conflict of laws rules, the courts of the Slovak Republic shall have exclusive jurisdiction to settle any dispute or claim arising out of or arising out of or in connection with the Contract or its subject or conclusion (including non-contractual disputes or claims).
12 Final Provisions
12.1 Intellectual Property Rights
(a) Unless otherwise stated, copyright and other intellectual property rights in the content of the Website are our property or the property of our licensors. Any access or use of the Website for any reason other than your personal, non-commercial use is prohibited.
(b) No part of the Website may be reproduced or stored on any other Website or included in any public or private electronic search system or other websites without our prior written consent.
(c) You acknowledge and agree that the materials and content contained on the Website are made available only for your personal non-commercial use and that you may (if necessary for the purchase of goods) download such material and content solely to computer hard drive. Any other use of the material and content of the Website is strictly prohibited.
(d) You agree not to copy, reproduce, transmit, publish, display, distribute, commercially use or create derivative works of such materials and content of the Website, and also agree not to assist or facilitate such activity by third parties.
(e) You acknowledge that you are not authorized to use registered trademarks, trade names, company logos, etc. of FACTCOOL partners or FACTCOOL itself.
12.2 Compliance with legislation
(a) The Website may be used only for lawful purposes and lawfully. You agree to comply with all applicable laws and regulations regarding the Website and all transactions conducted on or through the Website.
12.3 Written communication
(a) Applicable law requires certain information or messages to be sent to you in writing. When using the Website, you accept that communication with us will be predominantly electronic. We will contact you by email or provide you with information through notifications on our Website. For contractual purposes, you consent to the use of these electronic means of communication and acknowledge that all contracts, notices, information and other reports that we provide to you electronically comply with any legal requirement for a written form of such notification. This agreement does not affect your legal rights.
12.4 Transmission of Rights and Obligations
(a) The Agreement between us is binding on you and on us and our legal successors and assigns.
(b) You may not transfer, assign or otherwise dispose of the Agreement or any of your rights or obligations resulting from it.
(c) At any time during the term of the Agreement, we may transfer, assign, have subcontracted or otherwise dispose of the Agreement or any of our rights or obligations under it.
12.5 Severability
(a) If any part of these Terms is deemed illegal, invalid or unenforceable for any reason, then this provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the other provisions of these Terms.
12.6 Waiver of rights
(a) No waiver by us shall be construed as a waiver of any action or waiver of any consequential breach of any provision.
12.7 Integrity of the Contract
(a) We rely on the wording of these Terms and Conditions and any documents to which we expressly refer.
12.8 Our right to change the Terms and the Website
(a) We may revise and change these Terms from time to time. You are subject to the Rules and Terms valid and effective at the time you order the Goods unless a change to these Rules or Terms is required by law or government (in which case the change will apply to orders placed before that change) we will notify you of any change to the Terms or Conditions before submitting the Acceptance of the Order (in which case we have the right to assume that you have accepted the Terms and Conditions unless you notify us of the non-acceptance of the Terms and Conditions within seven business days of receipt of the Goods). If you do not agree to change the Terms, you must stop using the Website. If you continue to use the Website, the new terms and conditions are deemed accepted by you.
(b) We reserve the right to temporarily or permanently modify or remove this Site (or any portion thereof) without notice. We are not responsible to you or any third party for any change or removal of the Website.
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Product added into cart.