Terms and conditions - Part I.
Terms and conditions for consumers
Service provider
Business name: nexus s.r.o.
Address: Školská ulica 342/28, 038 04 Bystrička
ID: 47456337
Legal form: Spol. s r. o.
Registered: Business Register of the District Court of Žilina, section: Sro, insert no. 60442/L
Represented by: Mgr. Lukáš Pátek
Email: info@nexus3dhub.com
Phone: +421 911 502 707
Postal address: Školská ulica 342/28, 038 04 Bystrička
Office: Školská ulica 342/28, 038 04 Bystrička
Website: https://nexus3dhub.com/
Name of the bank: VÚB banka
IBAN: SK26 0200 0000 0032 4959 4151
BIC (SWIFT): SUBASKBX
(hereinafter referred to as “Service Provider”)
Supervisory authority:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Žilina Region
Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1
Department of Supervision
phone. no. 041/763 21 30, 041/724 58 68
fax no. 041/763 21 39
Preamble
These general terms and conditions (hereinafter referred to as the “Terms and Conditions for Consumers”) regulate the rights and obligations of the Service Provider and the consumer (also as the “customer”) arising from the contract for the provision of services, the subject of which is the provision of services via the Service Provider’s website.
Article I.
General provisions
1.1. In the sense of this PART I of the Terms and Conditions for Consumers, the consumer is understood as the consumer.
1.2. A consumer is, in the sense of these Terms and Conditions for consumers pursuant to § 2 letter a) of Act no. 250/2007 on consumer protection, a natural person who, when concluding and fulfilling a contract, does not act within the scope of his business activity, employment or profession.
1.3. In order to conclude a contract for the provision of services and the subsequent fulfillment of rights and obligations, the consumer shall provide the following personal data in accordance with applicable legislation: name, surname, postal and billing address, mobile phone number, e-mail contact.
1.4. Business conditions for consumers are an integral part of the contract for the provision of services. In the event that the Service Provider and the consumer conclude a written contract for the provision of services, in which they agree on conditions different from these Business Terms and Conditions for consumers, their contractual relationship will be interpreted in terms of the written contract for the provision of services.
Article II.
Conclusion of a contract for the provision of services
2.1. The contract for the provision of services is concluded by a binding confirmation or by accepting the proposal to conclude a contract for the provision of consumer services by the Service Provider in the form of a completed and sent order with the obligation to pay on the Service Provider’s website (hereinafter referred to as the “Order”).
2.2. Binding acceptance of the proposal will be carried out by the Service Provider no later than within 2 working days /48 hours/ after sending the order to the consumer. The binding acceptance of the proposal will be carried out by means of an e-mail sent on the acceptance of the order to the consumer’s e-mail address, which he entered when filling out the order. The binding acceptance of the proposal sent by e-mail will be marked as “Order Confirmation”. If a higher price is found, the Service Provider is obliged to ask the consumer for consent to change the price according to the Service Provider’s current price list before confirming the order. By granting this consent, the contract is considered concluded.
2.3. Service Provider’s e-mail, sent to the consumer’s e-mail address after sending his order, marked as “Notice of acceptance of order”, “Acceptance of order”, “Proposal to change order” and so on. does not have the effects of binding acceptance of the proposal, i.e. conclusion of a contract for the provision of a service, but it is only informative or is a new proposal by the Service Provider about the possibility of applying a price discount, etc.
2.4. Binding acceptance of the proposal or the order contains information in particular: data on the specification of the service, the provision of which is the subject of the contract for the provision of the service, further data on the price of the service, data on the delivery time of the service, data on the service provider.
2.5. According to the amendment to Act no. 222/2004 Coll., on value added tax, it is not possible from 1.1. 2013 to change the data in the already issued invoice. The data in the invoice can only be changed if the customer has not yet accepted and paid for the service.
2.6. Cancellation of the order is possible until the consumer is notified of the acceptance of the order. Order cancellation can be done by phone or e-mail.
Article III.
Rights and obligations of the service provider
3.1. The service provider is obliged in particular to:
a. to ensure that the services provided comply with the valid legal regulations of the Slovak Republic,
b. ensure, on the basis of the order confirmed by the Provider, the service to the consumer in the agreed quality and time.
3.2. The service provider has the right to proper and timely payment of the price by the consumer for the provision of the service.
Article IV.
Rights and obligations of the consumer
4.1. In particular, the consumer is obliged to:
a. pay the agreed price to the Service Provider,
b. take over the provided service,
4.2. The consumer has the right to provide the service in the quality, the term agreed by the contracting parties in the binding acceptance of the order.
Article V.
Terms of payment
5.1. After ordering the service, the service provider is obliged to send an invoice to the consumer’s provided e-mail address.
5.2. The due date of the invoice is 14 days, unless the Service Provider and the Consumer agree otherwise in advance.
5.3. Payment method:
a. Bank transfer
b. By depositing into the account
Article VI.
Payment for service
6.1. The consumer is obliged to pay the service provider the pre-announced payment for the service specified in the invoice sent to the consumer, by bank transfer.
6.2. If the consumer pays the Service Provider for the service by non-cash transfer or deposit to the Service Provider’s account, the date of payment is considered the day when the entire price was credited to the Service Provider’s account.
6.3. The consumer is obliged to pay the price for the provision of the service within the period according to the concluded contract for the provision of the service.
Article VII.
Complaints procedure (responsibility for errors, warranty, complaints)
7.1. The service provider is responsible for service errors and the consumer is obliged to file a complaint with the service provider without delay in accordance with this complaint procedure.
7.2. These Terms and Conditions for Consumers apply to handling complaints.
7.3. This complaint procedure applies to the service that is purchased by the consumer on the website of the Service Provider. This complaint procedure is valid for all business cases, unless otherwise agreed.
7.4. The consumer has the right to claim a warranty from the Service Provider only for a service that shows errors caused by the Service Provider, is covered by the warranty and was purchased from the Service Provider.
7.5. Complaints are handled by the Service Provider on working days in person, by phone or in writing. The form of the form will be determined by the Service Provider and its model will be posted on its website. The complaint form can be downloaded HERE (click to display the complaint form). The consumer is obliged to indicate exactly the type and extent of defects in the services provided in the form. The service complaint procedure begins on the day when all the following conditions are met:
i. delivery of a completed claim form,
ii. delivery of proof of purchase.
7.6. The consumer can file a complaint in any Service Provider’s establishment where the complaint can be accepted.
7.7. The service provider or a designated person issues a confirmation of the application of the service complaint to the consumer in the form of an email message or in another written form, in which he is obliged to accurately indicate the errors in the provision of the service. The service provider is obliged to inform the consumer about his rights, which arise from sec. § 622 and para. § 623 of the Civil Code. If the claim is made through means of remote communication, the Service Provider is obliged to deliver the confirmation of the claim to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without unnecessary delay, but at the latest together with a document on the processing of the claim; confirmation of the application of the claim does not need to be delivered if the consumer has the opportunity to demonstrate the application of the claim in another way.
7.8. On the basis of the decision of the consumer, which of its rights in accordance with section § 622 and para. § 623 of the Civil Code is applied if the Service Provider or the designated person is obliged to determine the method of handling the complaint according to section § 2 letter m) of the Act (by paying an adequate discount on the price of the service, a written request to take over the performance or its justified rejection) immediately, in more complex cases no later than 3 working days from the day of the complaint, in justified cases, no later than 30 days from the day of the complaint. After determining the method of processing the claim, the claim is processed immediately, in justified cases, the claim can be processed later; however, processing of the claim may not take longer than 30 days from the date of application of the claim. After the expiry of the deadline for processing the complaint, the consumer has the right to withdraw from the contract, or has the right to a new provision of the service. The Service Provider informs the consumer about the end of the complaint procedure and the result of the complaint in the form agreed between both parties (e.g. email message or registered letter) and at the same time the complaint protocol will be delivered to the consumer. If the consumer made a complaint about the service within the first 12 months from the conclusion of the contract for the provision of services, the Service Provider can handle the complaint by rejecting it only on the basis of a professional assessment. Regardless of the result of the professional assessment, the Service Provider cannot demand payment of the costs of the professional assessment of the service or other costs related to the professional assessment of the service from the consumer. The service provider is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the day the claim was processed.
7.9. If the consumer made a complaint about the service after 12 months from the conclusion of the contract for the provision of services and the Service Provider rejected it, the person who dealt with the complaint is obliged to indicate in the complaint processing document to whom the consumer can send the service for expert assessment. If the consumer sends the service for expert assessment to the specified person specified in the document on the processing of the complaint, the costs of the expert assessment of the service, as well as all other related costs incurred for the purpose, shall be borne by the Service Provider, regardless of the result of the expert assessment. If the consumer proves the responsibility of the Service Provider for the claimed error in the provision of the service through a professional assessment, he can apply the claim again; the warranty period does not expire during the professional assessment of the service. The service provider is obliged to reimburse the consumer within 14 days from the date of the renewed claim all costs incurred for the professional assessment of the service, as well as all related costs incurred purposefully. A renewed claim cannot be rejected.
7.10. Consumers are not entitled to claim a guarantee from the Service Provider in particular:
1. by not submitting an invoice and proof of payment,
2. by not reporting obvious errors in the provision of the service,
3. upon expiry of the service warranty period,
4. damage to the service caused by the consumer,
5. unprofessional handling or service operation
6. damage to the service by unavoidable and/or unforeseeable events,
7. damage to the service by accidental damage and accidental deterioration,
8. unprofessional intervention or other force majeure intervention,
9. interfering with the service of an unauthorized person.
7.11. The service provider is obliged to handle the complaint and end the complaint procedure in one of the following ways:
1. elimination of a service error,
2. providing a new service,
3. by returning payment for the service,
4. by paying an appropriate discount from the payment for the service,
5. a written request for the service provider to take over the specified performance,
6. justified rejection of service complaints.
7.12. The service provider is obliged to issue a confirmation to the consumer when making a claim. If the claim is made via remote communication, the Service Provider is obliged to deliver the confirmation of the claim to the consumer immediately. If it is not possible to deliver the confirmation immediately, it must be delivered without unnecessary delay, but at the latest together with the document on the processing of the complaint. The service provider is obliged to issue a written document about the handling of the claim no later than 30 days from the date of application of the claim.
7.13. Warranty repairs, if a warranty claim has arisen, are free of charge.
7.14. If it is a defect that can be removed, the consumer has the right to have it removed free of charge, on time and properly. The service provider is obliged to remove the defect without undue delay.
7.15. With regard to an error that cannot be removed, or one repeatedly repeated removable error, or a larger number of different removable errors, and which prevent the service from being properly used as error-free, the Service Provider will arrange, depending on the consumer’s decision, according to these of the terms and conditions of the complaint in the following way:
1. by providing another new service, functional, with the same or better technical parameters, or
2. in the event that the service provider is unable to provide another new service, he will handle the claim by issuing a credit note for the faulty service.
7.16. Complaint handling applies only to errors listed in the complaint application form.
7.17. In the event that the service provider terminates the complaint procedure as a justified rejection of the complaint, but the service error objectively exists and has not been eliminated, the consumer can exercise his right to eliminate the service error through the court.
Article VIII.
Privacy policy
8.1. The service provider has taken appropriate technical, organizational and personnel measures corresponding to the way of processing personal data, taking into account in particular the applicable technical means, the confidentiality and importance of the processed personal data, as well as the scope of possible risks that are capable of disrupting the security or functionality of its information systems in terms of Act No. 18/2018 Coll. on the protection of personal data and GDPR regulations according to these processing rules.
Article IX.
Termination of service provision, impossibility of withdrawal from the service provision contract if the service has been fully provided
9.1. The service provider is entitled to withdraw from the service provision contract due to the unavailability of the services, or if the supplier of the service agreed in the service provision contract made such serious changes that made it impossible to fulfill the service provider’s obligations arising from the service provision contract or for reasons of force majeure, or if, even after making all the efforts that can be fairly required of him, he is not able to provide the service to the customer within the period determined by these terms and conditions or at the price indicated in the online store. The service provider is obliged to immediately inform the consumer of this fact and to return to him the already paid deposit for the service agreed in the contract for the provision of the service within 14 days from the notification of withdrawal from the contract by transfer to the account designated by the consumer.
9.2. By granting consent to the start of service provision, the consumer loses the right to withdraw from the service provision contract.
9.3. The consumer is not entitled to withdraw from the service provision contract in accordance with § 7 par. 6 letters a) of Act no. 102/2014 Coll. on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the premises of the service provider and on amendments to certain laws. According to the provision in question, “the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided. “
Article X.
Alternative dispute resolution
10.1. The consumer has the right to contact the Service Provider with a request for redress if he was not satisfied with the way in which the Service Provider handled his complaint or if he believes that the Service Provider violated his rights. The consumer has the right to submit a proposal to start an alternative dispute resolution (hereinafter referred to as the “proposal”) to the subject of alternative dispute resolution, if the Service Provider answered the request for correction according to the previous sentence in the negative or did not respond to it within 30 days from the day it was sent. Subjects of alternative dispute resolution are authorities and authorized legal entities pursuant to § 3 of Act no. 391/2015 Coll. on alternative resolution of consumer disputes, e.g. Slovak Trade Inspection, while the consumer is entitled to choose the subject of alternative resolution of consumer disputes to which he turns.
10.2. When submitting a proposal, the consumer proceeds in accordance with § 12 of Act no. 391/2015 Coll. on alternative resolution of consumer disputes. Alternative dispute resolution can be used to settle a dispute between the consumer and the Service Provider, resulting from the consumer contract or related to the consumer contract. The value of the dispute, which is settled by alternative dispute resolution, must exceed the amount of EUR 20. The subject of alternative dispute resolution may demand a fee from the consumer for initiating alternative dispute resolution; this fee may not exceed five euros including value added tax. The subject of alternative dispute resolution may request the payment of the fee at the same time as the notification of the initiation of alternative dispute resolution is sent.
10.3. The consumer is entitled to use the online dispute resolution platform (hereinafter referred to as “RSO”) to resolve their disputes in the language of their choice. The consumer can use the RSO platform for an alternative resolution of their dispute, which is available on the website: http://ec.europa.eu/consumers/odr/
When submitting a submission to the RSO platform, the consumer fills out an electronic complaint form. The information it submits must be sufficient to determine the relevant online alternative dispute resolution entity. The consumer can attach documents to support his complaint.
Article XI.
Final provisions
11.1. If the contract for the provision of services is concluded in writing, any change to it must be in writing.
11.2. Communication between the contracting parties will take place mainly in the form of e-mail messages, or by mail.
11.3. Contractual relations not regulated by these Terms and Conditions for consumers are governed by the relevant provisions of the Civil Code, Act no. 250/2007 Coll. on consumer protection, Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the service provider’s premises and on amendments to certain laws, Act no. 22/2004 Coll. on electronic commerce and other legal regulations governing the relationship between the service provider and the consumer.
11.4. If the consumer gives demonstrable consent to these Business Terms and Conditions for consumers and sends a binding order, the concluded contract for the provision of services is governed by these Business Terms and Conditions for consumers, unless the contracting parties have agreed otherwise.
Terms and conditions - Part II.
Terms and conditions for non-consumers
Service provider
Business name: nexus s.r.o.
Address: Školská ulica 342/28, 038 04 Bystrička
ID: 47456337
Legal form: Spol. s r. o.
Registered: Business Register of the District Court of Žilina, section: Sro, insert no. 60442/L
Represented by: Mgr. Lukáš Pátek
Email: info@nexus3dhub.com
Phone: +421 911 502 707
Postal address: Školská ulica 342/28, 038 04 Bystrička
Office: Školská ulica 342/28, 038 04 Bystrička
Website: https://nexus3dhub.com/
Name of the bank: VÚB banka
IBAN: SK26 0200 0000 0032 4959 4151
BIC (SWIFT): SUBASKBX
(hereinafter referred to as “Service Provider”)
Supervisory authority:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Žilina Region
Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1
Department of Supervision
phone. no. 041/763 21 30, 041/724 58 68
fax no. 041/763 21 39
Preamble
These general terms and conditions (hereinafter referred to as the “Terms and Conditions for Consumers”) regulate the rights and obligations of the Service Provider and the entrepreneur, who is a person who is not a consumer (also known as the “customer”), arising from the contract for the provision of services, the subject of which is provision of services via the Service Provider’s website.
Article I.
General provisions
1.1. In the sense of this part of the Business Terms and Conditions for entrepreneurs, an entrepreneur is any person who is not a consumer. An entrepreneur is, in particular, a person registered in the commercial register; a person who does business on the basis of a trade license; a person who does business on the basis of a license other than a trade license according to special regulations; a natural person who carries out agricultural production and is registered in accordance with a special regulation.
1.2. When placing an order, the entrepreneur shall specify in particular his business name, registered office (place of business), ID number, VAT ID number, invoicing data, telephone number, e-mail contact of the person acting on behalf of the entrepreneur.
1.3. The entrepreneur acknowledges and is aware that the terms of withdrawal from the contract, guarantees and the complaint procedure itself are regulated in these Business Terms and Conditions for entrepreneurs, etc. are different than in the Business Terms and Conditions for consumers.
1.4. Business conditions for entrepreneurs are an integral part of the contract for the provision of services. In the event that the Service Provider and the entrepreneur enter into a written contract for the provision of services, in which they agree on conditions different from these Terms and Conditions for Entrepreneurs, their contractual relationship will be interpreted in terms of the written contract for the provision of services.
Article II.
Conclusion of a service provision contract
2.1. The contract for the provision of services is concluded by a binding confirmation or by accepting the proposal to conclude a contract for the provision of services to entrepreneurs by the Service Provider in the form of a completed and sent order with the obligation to pay on the Service Provider’s website (hereinafter referred to as the “Order”).
2.2. Binding acceptance of the proposal will be carried out by the Service Provider no later than within 2 working days/ 48 hours after sending the order to the entrepreneur. The binding acceptance of the proposal will be carried out by means of an e-mail about the acceptance of the order sent to the entrepreneur’s e-mail address, which he entered when filling out the order. The binding acceptance of the proposal sent by e-mail will be marked as “Order Confirmation”. If a higher price is found, the Service Provider is obliged to request the consent of the entrepreneur to change the price according to the current price list of the Service Provider before confirming the order. By granting this consent, the contract is considered concluded.
2.3. Electronic mail of the Service Provider, sent to the e-mail address of the entrepreneur after sending his order, marked as “Notice of acceptance of order”, “Acceptance of order”, “Proposal to change the order” and so on. does not have the effects of binding acceptance of the proposal, i.e. conclusion of a contract for the provision of a service, but it is only informative or is a new proposal by the Service Provider about the possibility of applying a price discount, etc.
2.4. Binding acceptance of the proposal or the order contains information mainly about: data on the specification of the service, the provision of which is the subject of the contract for the provision of the service, further data on the price of the service, data on the delivery time of the service, data on the service provider.
2.5. According to the amendment to Act no. 222/2004 Coll., on value added tax, it is not possible from 1.1. 2013 to change the data in the already issued invoice. The data in the invoice can only be changed if the customer has not yet accepted and paid for the service.
2.6. Cancellation of the order is possible until the entrepreneur is notified of the acceptance of the order. Order cancellation can be done by phone or e-mail.
Article III.
Rights and obligations of the service provider
3.1. The service provider is obliged in particular to:
a. to ensure that the services provided comply with the valid legal regulations of the Slovak Republic,
b. ensure based on the order confirmed by the Service Provider to the entrepreneur in the agreed quality and time.
3.2. The service provider has the right to proper and timely payment of the price by the entrepreneur for the service provided.
Article IV.
Rights and obligations of an entrepreneur
4.1. In particular, the entrepreneur is obliged to:
a. pay the agreed price to the Service Provider,
b. take over the service provided.
4.2. The entrepreneur has the right to provide the service in the quality, on the date agreed by the contracting parties in the binding acceptance of the order.
Article V.
Terms of payment
5.1. The service provider is obliged to send an invoice to the entrepreneur after ordering the service to the e-mail address provided by the entrepreneur.
5.2. The due date of the invoice is 14 days, unless the Service Provider and the Entrepreneur agree otherwise in advance.
5.3. Payment method:
a. Bank transfer
b. By depositing into the account
Article VI.
Payment for service
6.1. The entrepreneur is obliged to pay the Service Provider the pre-announced payment for the service specified in the invoice sent to the entrepreneur, by bank transfer.
6.2. If the entrepreneur pays the Service Provider for the service by non-cash transfer or deposit to the Service Provider’s account, the date of payment is considered the day when the entire price was credited to the Service Provider’s account.
6.3. The entrepreneur is obliged to pay the price for the provision of the service within the period according to the concluded contract.
Article VII.
Privacy policy
7.1. The service provider has taken appropriate technical, organizational and personnel measures corresponding to the way of processing personal data, taking into account in particular the applicable technical means, the confidentiality and importance of the processed personal data, as well as the scope of possible risks that are capable of disrupting the security or functionality of its information systems in terms of Act No. 18/2018 Coll. on the protection of personal data and GDPR regulations according to these processing rules.
Article VIII.
Termination of service provision, withdrawal from the contract on the provision of services to entrepreneurs
8.1. The service provider is entitled to withdraw from the service contract due to the unavailability of services, or if the supplier of the service agreed in the service contract made such serious changes that made it impossible to fulfill the service provider’s obligations arising from the service contract or for reasons of force majeure, or if even when making all the efforts that can be fairly required of him, he is not able to provide the service to the customer within the period determined by these terms and conditions or at the price that is indicated in the online store. The service provider is obliged to immediately inform the entrepreneur about this fact and to return to him the already paid deposit for the service agreed in the contract for the provision of the service within 14 days from the notification of withdrawal from the contract by transfer to the account specified by the entrepreneur.
8.2. An entrepreneur who is an entrepreneur may be offered a substitute withdrawal from the contract for the provision of the service depending on the condition of the claimed service, the lost warranty and the current price of the claimed service. The service status will be evaluated by the service provider. The service provider is entitled to charge the entrepreneur for any additional costs incurred. The service provider reserves the right not to allow withdrawal, due to the nature of the service and its condition at the time of the complaint.
8.3. The entrepreneur can withdraw from the contract for the provision of services in accordance with the provisions of Act no. 513/1991 Coll. Commercial Code (hereinafter referred to as “Commercial Code”).
Article IX.
Final provisions
10.1. The relevant provisions of the Commercial Code apply to relationships not regulated by these general terms and conditions.
10.2. These Business Terms and Conditions for entrepreneurs become effective for the entrepreneur upon sending a binding electronic order with the obligation to pay, unless the contracting parties agree otherwise.
In Martin, on September 20, 2020