EFFECTIVE: 1 April 2022.
These General Terms and Conditions (hereinafter referred to as "GTC") Agri-Tech Bio s.r.o. (hereinafter referred to as the "Service Provider"), and the Service Provider's Huminexpert contains the rights and obligations of the Customer (hereinafter referred to as the "Customer") using the e-commerce services provided through the website (the "Service Provider and the Customer" hereinafter collectively referred to as the "Parties").
The GTC apply to all legal transactions and services provided by the Huminexpert website, regardless of whether it is performed from Slovakia or abroad, by the Service Provider or its intermediary.
Service Provider Data:
Name: Agri-Tech Bio s.r.o.
Registered office and postal address: 94617 Brestovec, Cintorínska 133. (SK)
Start of entrepreneurial activity: 2006.
Registration number: 34593/N
Tax number: SK2022236590
Customer service: see more 1.7
Phone number: +421 948 302 906
Email address: info@huminexpert.com
1. GENERAL INFORMATION, FORMATION OF THE CONTRACT BETWEEN THE PARTIES
1.1 These GTC apply to all e-commerce services provided in the territory of Slovakia, which are provided by. Huminexpert website (hereinafter referred to as the "Website") on the electronic shop (hereinafter referred to as the "Shop"): Huminexpert webshop).
In addition, these GTC shall apply to all commercial transactions in the territory of Hungary between the Parties as defined in this Agreement. A Huminexpert online shopping is governed by the laws on electronic commerce services and certain aspects of information society services.
1.2. A Huminexpert purchases in the online shop can be made by placing an order electronically, as set out in these GTC.
1.3. A Huminexpert many of the services of the online shop are available to all users, even without registration. Some services, however, require registration (and then login), which anyone is entitled to do, as set out in the GTC.
1.4 After the order has been placed, the contract may be amended or cancelled freely and without consequence until its fulfilment. This can be done by telephone or e-mail.
The contract concluded between the Parties by the purchase of the goods shall be considered a written contract, which shall be registered by the Service Provider and kept for 5 years after its conclusion.
1.5. The language of the contract is Hungarian or Slovak.
1.6 The Service Provider does not submit to any code of conduct.
1.7. Contact details for customer services
- Telephone: +421 948 302 906
- Internet address: https://huminexpert.com
- E-mail: info@huminexpert.com
2. REGISTRATION
2.1 Registration is done by filling in the registration form on the Main Page, which consists of two parts.
After a preliminary data request (a user name of your choice, a real e-mail address and a password of your choice are required) and clicking on the link sent in the e-mail validating your registration, a more detailed personal data form will be sent to you, which you can fill in before placing your order.
By registering on the Website, the Customer declares that he/she has read and accepted the terms and conditions of these GTC and the Privacy Policy published on the Website and consents to the processing of data as set out in the Privacy Policy.
2.2.The Service Provider shall not be liable for any delivery delays or other problems or errors due to incorrect and/or inaccurate data provided by the Customer.
The Service Provider shall not be liable for any damages resulting from the Customer forgetting his password or from it becoming available to unauthorized persons for any reason not attributable to the Service Provider. The Service Provider shall treat each registration as a separate legal entity.
To change previously recorded data after logging in, use the My account link, you can change your personal data, which may also affect the data of active orders.
The Service Provider shall not be liable for any damage or error resulting from the alteration of the registered data by the Client.
3. ORDER PROCESS
3.1 The essential properties, characteristics and instructions for the use of the goods may be obtained from the information page of the specific article, with the detailed actual properties of the goods being included in the instructions for use accompanying the product.
The Service Provider is deemed to have fulfilled its contractual obligations if the product has more favourable or preferable characteristics than the information provided on the website or in the instructions for use.
If you have any questions about the product before you buy, our customer service is ready to help. Where required by law, the instructions for use of the products we sell are included with the goods.
If you do not receive the mandatory instructions with the goods, please contact our customer service immediately before using the goods and we will replace them.
If you require more information about the quality, essential characteristics, use or usability of any goods on the Website than is provided on the Website, please contact our customer service, whose details and contact details are set out in section 1.7.
3.2 The purchase price is always the amount indicated next to the selected product, which, if not otherwise indicated, already includes VAT.
The purchase price of products does not include the cost of delivery, unless otherwise stated on the final payment page.
3.3 The Service Provider reserves the right to change the prices of the products that can be ordered from the Website, with the modification coming into effect at the same time as the publication on the Website.
The change will not adversely affect the purchase price of products already ordered. We are unable to refund you for any price reduction that occurs between the time the electronic payment notification is sent and the time you receive the product when you pay online by credit card.
3.4 If, despite all due care, the Service Provider displays an incorrect price on the Website, in particular a price of "0" Ft or "1" Ft that is obviously incorrect, e.g. significantly different from the generally accepted or estimated price of the product, or a "0" Ft or "1" Ft price due to a system error, the Service Provider is not obliged to deliver the product at the incorrect price, but may offer to deliver the product at the correct price, in the knowledge of which the Customer may withdraw from the purchase.
Product images on this website are illustrations only and may differ from the actual product.
3.5 The Service Provider accepts orders via the Website not only from registered Customers, but all fields related to the Customer's data must be filled in completely in order to place an order (if the Customer fills in any field incorrectly or incompletely, the Service Provider will send an error message).
The Service Provider shall not be liable for any delivery delays or other problems or errors caused by incorrect and/or inaccurate order data provided by the Customer.
The Customer can add the selected products to their Shopping Cart by clicking on the "Add to Cart" button on the product details page after clicking on each product.
You can view and modify the contents of your Shopping Cart by clicking on the Shopping Cart icon on the right-hand side of the Website, where you can specify the desired quantity of each product or delete the contents of your Shopping Cart ("Remove").
Once the Customer has finalized the contents of the Shopping Cart, he/she must log in to the Website or register by clicking on the "Checkout" button in the interface that appears in order to place his/her order. You will then be able to choose the delivery method or enter your billing and delivery details.
Once you have entered all the necessary details and selected the payment method, you can click on the "Continue" button to choose how you wish to settle the total amount of your order.
If you have chosen one of the payment methods, you can click on the "Payment" button to check your order details, change the billing and shipping address, select the payment and shipping method, and add a comment to your order on a summary page before placing your order.
The order is placed and the offer is sent by clicking on the "Finalize Order" button. The order is therefore placed by clicking on the "Finalize Order" button, which creates a payment obligation for the Customer.
4. CORRECTING DATA ENTRY ERRORS
4.1 At any stage of the order and until the order is sent to the Service Provider, the Customer has the possibility to correct data entry errors in the ordering interface (e.g. deleting a product from the shopping cart by clicking on "Remove").
5. BINDING OFFERS, CONFIRMATION OF ORDERS
5.1 The receipt of the offer (order) sent by the Customer shall be confirmed by the Service Provider without delay, by means of an automatic confirmation e-mail to the Customer within 48 hours at the latest, which confirmation e-mail shall include:
-data provided by the Customer during the purchase or registration process (e.g. billing and shipping information),
-your order ID,
-the date of the order,
-list of items, quantity and price of the product ordered,
-transport costs
-and the final amount to be paid.
This confirmation email only informs the Customer that his/her order has been received by the Service Provider.
5.2 The Customer is exempted from the obligation to make an offer if he does not receive a separate acceptance e-mail from the Service Provider regarding his order without delay, i.e. within 48 hours.
5.3 If the Customer has already sent his order to the Service Provider and notices an error in the data contained in the confirmation e-mail, he must notify the Service Provider within 1 day.
5.4 The order shall be deemed to be a contract concluded by electronic means and shall be governed by the provisions of the Civil Code, the Law on Electronic Commerce Services and the Law on Certain Issues of Information Society Services.
The contract is covered by the Regulation on the detailed rules for contracts between consumers and businesses and respects the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
6. DELIVERY AND PAYMENT TERMS
6.1 The Service Provider shall deliver the ordered goods to the Customer's home by using a freight forwarder, at the Delivery methods according to the conditions on the page.
The Service Provider reserves the right to change the delivery charge, provided that the change will take effect at the same time as the change is published on the Website. The change will not affect the purchase price of products already ordered.
6.2 After the order has been fulfilled, the Service Provider shall provide the Customer with the option to choose the delivery date, which does not indicate a specific date, but only serves to select an approximate delivery interval. The Service Provider is not able to deliver at a specific time.
6.4 Services ordered on the Website will be performed by the Service Provider at the location indicated in the order confirmation sent to the Customer by e-mail.
6.5. The Customer shall inform the Service Provider about the payment methods and collection options provided by the Service Provider by Delivery methods for more information.
7. RIGHT OF WITHDRAWAL
The provisions of this clause apply only to natural persons acting outside the scope of their profession, occupation or business activity who buy, order, receive, use, make use of goods and are the addressee of commercial communications or offers relating to goods (hereinafter referred to as "Consumer").
In the case of a contract for the sale of goods, the consumer is entitled to.
a) the product,
b) in case of supply of several products, the last product supplied,
(c) in the case of products consisting of several lots or pieces, the last lot or piece supplied,
(d) if the goods are to be supplied regularly within a specified period, to withdraw from the contract without giving any reason within fourteen (14) days of the date of the first service, the date of receipt of the goods by the Consumer or a third party other than the carrier and indicated by the Consumer.
The consumer is also entitled to exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.
The consumer does not have the right of withdrawal - in respect of the sale of a copy of a sound or video recording or of computer software in a sealed package, if the consumer has opened the packaging after delivery; - in the case of a product which is not a prefabricated product, which has been manufactured on the basis of instructions or at the express request of the consumer, or a product which is clearly personalised for the consumer.
7.1 PROCEDURE FOR EXERCISING THE RIGHT OF WITHDRAWAL
7.1.1 If the Consumer wishes to exercise the right of withdrawal, he/she must send a clear statement of his/her intention to withdraw (for example, by post or electronic mail) to the Service Provider using the contact details indicated at the beginning of these GTC.
The Consumer exercises his right of withdrawal within the time limit if he sends his withdrawal notice to the Service Provider before the expiry of the time limit indicated above.
7.1.2 The Consumer shall bear the burden of proving that he/she exercised his/her right of withdrawal in accordance with the provisions set out in Clause 7.
7.1.3 In both cases, the Service Provider shall immediately acknowledge receipt of the Consumer's withdrawal by email.
7.1.4 In the case of a written withdrawal, it shall be deemed to have been validated within the time limit if the Consumer sends his/her declaration to the Service Provider within 14 calendar days (up to the 14th calendar day).
7.1.5 In case of notification by post, the Service Provider shall take into account the date of posting, in case of notification by e-mail, the date of sending the e-mail or the time of sending the e-mail for the purpose of calculating the time limit.
The Consumer must post his/her letter by registered mail so that the date of dispatch can be verifiably confirmed.
7.1.6 In the event of withdrawal, the Consumer shall return the ordered product to the Service Provider without undue delay, but no later than 14 days from the date of the notification of withdrawal.
7.1.7.The deadline is deemed to have been met if the Consumer sends (posts or delivers to the courier ordered by the Consumer) the product before the 14-day deadline.
7.1.8 The cost of returning the product to the Service Provider's address shall be borne by the Consumer, unless the Service Provider has agreed to bear such costs.
At the request of the Consumer, the Service Provider shall arrange for the return of the goods, but the cost of the return arranged by the Service Provider shall be borne by the Consumer, and the Service Provider shall not assume the cost of the return arranged by the Service Provider from the Consumer, but shall only assist the Consumer in not having to arrange the return. The Consumer's request to this effect shall be dealt with by the Service Provider's customer service.
7.1.9 The Service Provider is not able to accept the parcel returned by cash on delivery. The Consumer shall not be charged any costs other than the cost of returning the product in connection with the cancellation.
7.1.10. If the Consumer withdraws from the contract, the Service Provider shall reimburse all the consideration paid by the Consumer, including the transport (delivery) costs, without delay, but no later than 14 days after receipt of the Consumer's notice of withdrawal, except for the additional costs incurred because the Consumer chose a transport method other than the cheapest usual transport method offered by the Service Provider.
The Service Provider is entitled to withhold the refund until the product has been returned or the Consumer has provided credible proof that it has been returned, whichever is the earlier.
7.1.11. The Service Provider will use the same payment method as the one used in the original transaction for the refund, unless the Consumer explicitly agrees to use another payment method; no additional costs will be charged to the Consumer as a result of using this refund method.
7.1.12. The consumer can only be held liable for depreciation of the product if it is due to use beyond the use necessary to establish the nature and characteristics of the product.
7.1.13. If the Consumer exercises his right of termination after the start of performance in the case of a contract for the provision of services, he shall reimburse the Service Provider for his reasonable costs in the settlement.
7.1.14. The Service Provider may claim compensation for the depreciation of the value or reasonable costs resulting from the use of the product beyond the use necessary to establish its nature, characteristics and functioning, if the performance of the contract for the provision of services has begun at the express request of the Consumer before the expiry of the time limit and the Consumer exercises his right of termination.
8.
8.1. Mandatory warranty
8.1.1.The Service Provider is under a statutory warranty obligation for its products, which means that during the warranty period, the Service Provider is only exempt from liability if it proves that the defect is due to improper use of the product.
8.1.2 The duration of the warranty (the warranty period) shall begin on the date of actual performance, i.e. on the date of delivery of the product to the Customer or, if the installation is carried out by the Service Provider or its agent, on the date of installation.
A defect is not covered by the warranty if the cause of the defect occurred after the delivery of the product to the Customer, for example, if the defect
- improper installation (unless the installation was carried out by the Service Provider or its agent, or the improper installation is due to a fault in the instruction manual)
- misuse, failure to observe the instructions for use, - incorrect storage, incorrect handling, damage.
In the event of a defect covered by the warranty, the Customer:
- in the first place, at its option, repair or replacement, unless the chosen warranty claim is impossible to fulfil or would result in disproportionate additional costs for the Service Provider compared to the fulfilment of the other warranty claim, taking into account the value of the product in its original condition, the seriousness of the breach of contract and the damage to the Customer's interests caused by the fulfilment of the warranty claim.
- if the Service Provider has not undertaken to repair or replace the defective product, cannot fulfil this obligation within a reasonable period of time, without prejudice to the interests of the Consumer, or if the Customer's interest in repair or replacement has ceased, the Customer may, at his/her option, request a proportionate reduction of the purchase price, repair the defect himself/herself or have it repaired by another party at the expense of the Service Provider, or withdraw from the contract. No cancellation may be made for minor defects.
If the Customer makes a replacement claim due to a defect in the product within three working days of purchase (installation), the Service Provider is obliged to replace the product, provided that the defect prevents its proper use.
The repair or replacement must be carried out within a reasonable time, taking into account the characteristics of the product and the intended use expected by the Customer, and without prejudice to the interests of the Customer. The Supplier shall endeavour to carry out the repair or replacement within a maximum of fifteen days.
Only new parts may be installed in the product during the repair.
The warranty period does not include the part of the repair period during which the Customer cannot use the product as intended. In the event of replacement (repair) of the product or part of the product, the warranty period shall start anew for the replaced (repaired) product (part of the product) and for the defect resulting from the repair.
8.1.3 The costs related to the fulfilment of the warranty obligation shall be borne by the Service Provider.
8.1.4 The Service Provider shall be released from its warranty obligation only if it proves that the cause of the defect arose after performance.
8.1.5 However, the Customer shall not be entitled to assert a warranty claim and a warranty claim or a product warranty claim and a warranty claim for the same defect at the same time and in parallel. Notwithstanding these limitations, the Buyer shall have the rights under the warranty irrespective of the entitlements set out in Clauses 9.1 and 9.2.
8.1.6 The warranty does not affect the Customer's statutory rights, in particular the right to claim for accessories, product warranty and damages.
8.1.7 If a dispute arises between the parties which cannot be settled amicably, the Customer may initiate a conciliation procedure, as set out in clause 11.2.
8.2. Voluntary guarantee
8.2.1 The Service Provider shall provide a warranty for the products sold by it for the period indicated on the Website in the Product description, which may be longer than the period specified in the Regulation. The Service Provider shall communicate the duration of the warranty for each Product at the latest by means of the information on the warranty certificate (warranty ticket) provided at the time of receipt of the Product by the Customer.
9. LIABILITY
9.1. Accessories warranty
9.1.1.1 The Customer may assert a claim against the Service Provider for defective performance of the Service. In the case of a consumer contract, the Customer may assert a warranty claim within a limitation period of 2 years from the date of receipt for product defects that existed at the time of delivery of the product. After the two-year limitation period, the Customer may no longer enforce his rights under the warranty.
9.1.2 In the case of a contract concluded with a non-consumer, the rightful claimant may enforce his warranty claims during the limitation period of 1 year from the date of receipt.
9.1.3 The Customer may, at his option, request repair or replacement, unless the fulfilment of the Customer's chosen request is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfilment of his other request.
If the Customer has not requested or could not request the repair or replacement, the Customer may request a proportionate reduction of the remuneration or the Customer may have the defect repaired or replaced at the expense of the Service Provider or, in the last resort, may withdraw from the contract. There shall be no right of withdrawal for minor defects.
9.1.4 The Customer may switch from one warranty right to another, but shall bear the cost of the switch, unless it was justified or the Service Provider gave a reason for it.
9.1.5. The Customer shall notify the Service Provider of the error immediately after its discovery, but no later than two months after the discovery of the error.
9.1.6. The Customer may assert a warranty claim directly against the Service Provider.
9.1.7.9.1.7.9.1.7 Within six months from the date of performance of the contract, the Customer may assert a claim for defects, provided that he proves that he has purchased the product from the Service Provider (by presenting an invoice or a copy of the invoice).
In such a case, the Service Provider will only be exempted from the warranty if it rebuts this presumption, i.e. proves that the defect in the product occurred after delivery to the Customer. If the Service Provider can prove that the cause of the defect is attributable to the Customer, it is not obliged to accept the Customer's warranty claim.
However, after six months from the date of performance, the Customer must prove that the defect which he/she has discovered existed at the time of performance.
9.1.8 If the Customer asserts a warranty claim in respect of a part of the product that can be separated from the product in respect of the defect indicated, the warranty claim shall not be deemed to be asserted in respect of the other parts of the product.
9.2. Product warranty
9.2.1 In the event of a defect in the product (movable item), the Customer, who is a consumer, may, at his/her option, assert a right to claim for a subsidiary warranty or a product warranty as set out in clause 9.1.
9.2.2 However, the Customer shall not be entitled to assert a warranty claim and a product warranty claim for the same defect at the same time and in parallel.
However, in the event of a successful product warranty claim, the Customer may assert a warranty claim against the manufacturer for the replaced product or repaired part.
9.2.3 As a product warranty claim, the Customer may only request the repair or replacement of the defective product. The Customer must prove that the product is defective in the event of a product warranty claim.
9.2.4 A product is considered to be defective if it does not meet the quality requirements in force at the time it was placed on the market or if it does not have the characteristics described by the manufacturer.
9.2.5 The Customer may assert a product warranty claim within two years from the date of placing the product on the market by the manufacturer. After this period has expired, the Customer shall lose this right. The Customer shall notify the manufacturer of the defect without delay after the defect has been discovered.
An error communicated within two months of its discovery shall be deemed to have been communicated without delay. The consumer shall be liable for any damage resulting from the delay in notification.
9.2.6. The Customer may exercise a product warranty claim against the manufacturer or distributor of the movable item (Service Provider).
9.2.7 The manufacturer, distributor (Service Provider) shall be exempted from its product warranty obligation only if it can prove that:
- manufactured or marketed the product for purposes other than its business, or
- the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
- the defect in the product results from the application of a legal or regulatory requirement.
9.2.8 The manufacturer or distributor (Service Provider) only needs to prove one reason for exemption.
10.
10.1 The information on the Website is provided in good faith, but is for informational purposes only and the Service Provider is not responsible for the accuracy or completeness of the information.
10.2 The Customer may use the Website solely at his/her own risk and accepts that the Service Provider shall not be liable for any material or non-material damage arising from the use of the Website, in addition to liability for breach of contract caused intentionally, by gross negligence or by a criminal offence, or for damage to life, limb or health.
10.3 The Service Provider excludes all liability for the conduct of users of the Website. The Customer shall be fully and exclusively responsible for its own conduct, in which case the Service Provider shall cooperate fully with the competent authorities in order to detect any infringements.
10.4 The pages of the service may contain links to the pages of other service providers. The Service Provider is not responsible for the privacy practices or other activities of such service providers.
10.5 The Service Provider is entitled, but not obliged, to check the content that may be made available by the Customers during the use of the Website, and the Service Provider is entitled, but not obliged, to look for indications of illegal activities with regard to the published content.
10.6 Due to the global nature of the Internet, the Customer agrees to act in compliance with the provisions of applicable national laws when using the Website. If any activity related to the use of the Website is not permitted under the laws of the Customer's country, the Customer shall be solely responsible for such use.
10.7 If the Client notices any objectionable content on the Website, he/she shall immediately notify the Service Provider. If the Service Provider, in the course of its good faith conduct, considers the report to be justified, it shall be entitled to delete the information or to amend it without delay.
11. WAYS TO LODGE A COMPLAINT
11.1. Complaints handling
The Customer may submit consumer complaints about the product or the Service Provider's activities to the following contact details:
Customer support (Customer Service)
- Address: 94617 Brestovec, Cintorínska 133. (SK)
- Telephone helpdesk opening hours: weekdays 9-16
- Telephone: +421948302906
- E-mail: info@huminexpert.com
The Customer may submit a consumer complaint about a product or activity using the contact details set out in point 11.1.
Under the legislation in force, the Service Provider will promptly investigate and, if necessary, remedy the verbal complaint (in the shop), if the nature of the complaint so permits.
If the Customer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Service Provider shall immediately take minutes of the complaint and its position on the complaint and shall provide the Customer with a copy of the minutes in the case of an oral complaint made in person, or, in the case of an oral complaint made by telephone, shall send the copy to the Customer no later than the time of the substantive reply specified in the section on written complaints, and shall proceed as provided for in the provisions on written complaints.
The Service Provider will record the verbal complaint communicated by telephone to the identification number of the previous order, which will help to trace the complaint.
The Service Provider is obliged to investigate and respond to the written complaint within thirty days of receipt and to ensure that the response reaches the Customer. If the Service Provider rejects the complaint, it shall state the reasons for its position in its substantive reply to the rejection.
The Service Provider is obliged to keep the record of the complaint and a copy of the reply for five years.
The Service Provider shall accept the Customer's objections at the direct contact details provided in Section 11.1 during the opening hours of the customer service.
11.2. Other enforcement options
If any consumer dispute between the Service Provider and the Customer is not resolved through negotiations with the Service Provider, the following enforcement options are available to the Customer:
- Complain to the consumer authorities.
If the Customer detects a breach of his/her consumer rights, he/she has the right to lodge a complaint with the consumer protection authority competent for his/her place of residence. Once the complaint has been examined, the authority will decide whether to initiate consumer protection proceedings.
- Conciliation Body.
For the out-of-court, amicable settlement of consumer disputes related to the quality, safety and application of product liability rules, as well as the conclusion and performance of the contract, the Customer may initiate proceedings at the conciliation body of the professional chamber of the Service Provider's headquarters.
-Court proceedings. The customer has the right to pursue his or her claim arising from a consumer dispute before a court in civil proceedings.
12. OTHER PROVISIONS
12.1. A Huminexpert webshop is a Linux/PHP based information system, the level of security is adequate, there is no risk in using it, but we recommend that you take the following precautions: use virus and spyware protection software with an up-to-date database, and install security updates for your operating system and browser.
Purchasing from the Website implies the Customer's knowledge of the technical and technological limitations of the Internet and acceptance of the potential for error inherent in the technology.
12.3 The Service Provider is entitled to unilaterally modify the terms and conditions of these GTC at any time. The Service Provider shall inform the Users of such amendments by e-mail prior to their entry into force. When the modifications enter into force, registered users must expressly accept them when logging on to the Site in order to use the Site.
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