These General terms and Conditions of sale are issued in accordance with the provision section 273 implementing Act 513/1991 Coll. Commercial code as amended (hereinafter „Commercial code“) and governing relations between the buyer and the seller in the sale of goods above all spare parts for trucks and providing services between FerMi s.r.o., located at S. H. Vajanského 43, 940 79 Nové Zámky, registration number IČO: 43 991 068, registered in the Business Register maintained by Nitra District Court, Section s.r.o. [private limited companies], Entry no.: 21614/N (hereinafter „Seller“) and its business partners (hereinafter „ Purchaser“.)
- Relations between the Buyer and the Seller (hereinafter together „Contracting Parties“) are governed by these General Terms and Conditions of Sale(„GTCS“) in the fields of sale of products, and provision of services between Seller and Buyer.
- The Seller may change GTCS regularly. A changed or amended text of GTCS shall be published in an appropriate way at the business premises and its webpage www.fermisro.sk.
- Legal relations between the Buyer and a Seller, who is a consumer within the meaning of Section 52 (4) of the act n. 40/1964 Civil Code as amended ( hereinafter „Civil Code“) that are not covered in these GTCS or a sales contract are governed within the meaning of applicable legislation, above all the Consumer protection act n. 250/2007 Collection of Laws and following a change of Offences Act 372/ 1999 of the National Council of the Slovak Republic as amended ( hereinafter „ Consumer Protection Act“) and Civil Code which take preference over these GTCS.
- Legal relations between the Buyer and a Seller, who is not a consumer within the meaning of Section 52 (4) of Civil Code that are not covered in these GTCS or a sales contract are governed within the meaning of applicable legislation of Commercial Code.
- The Buyer is aware , that by buying products from the Seller´s commercial supply, he is not entitled to use brands, business names, logos or patents of the Seller or third parties, unless in a particular case it has been agreed otherwise.
- The Buyer confirms by placing the order that he/she has read and understood these GTCS containing complaint protocol and agrees with its content. The Buyer shall also be made aware of these GTCS before the actual performance of the order and he may read them.
The following definitions shall be used in the sense that is stated below in order to regulate the legal relations between the Seller and the Buyer, unless agreed upon by the Contracting Parties otherwise. These definitions shall be valid for both singular and plural of the defined person.
FerMi s.r.o., registration number IČO: 43 991 068 The company is registered in the Business Register maintained by Nitra District Court, section: s.r.o. [private limited companies], Entry no.: 21614/N, focusing mainly on sale of spare parts for trucks, to end users as well as retailers.
- Supervisory authority
Slovenská obchodná inšpekcia (SOI) Slovak Trade Inspection
Inspectorate for the Nitra region
Staničná 9, P.O. Box 49/A,950 50 Nitra 1
Department of Technical Inspections and Consumer Protection
tel: 037/ 7720 001, 7720 034
fax č.: 037/ 7720 024
- The Buyer is a consumer or an enterpreneur.
A Consumer is a natural person who is not active in the field of his commercial or entrepreneurial activity in the fulfillment and the execution of the contract. The Buyer submits to the Seller only his contact information, which is necessary for the smooth execution of the order and upon his request eventually some other information. An Entrepreneur is any natural or legal person, that is not a Consumer. An entrepreneur is mainly:
- A person registered in the Businnes register ( above all trading companies and cooperative societies)
- A person who undertakes business activities on grounds of a trade permission (self- employed persons registered in the small business register),
- A person who undertakes business activities on grounds of a permission other than a trade permission under special provisions ( e.g. Lawyers, etc.).
- A person who carries out agricultural production and is registered under special provisions.
- Goods - goods mean goods and services provided by the Seller.
- Price of goods - is purchase price of Goods without VAT. Unless otherwise agreed, the price of Goods does not include transport and packing cost.
- Special goods - Goods upon order, which are not usually kept in stock and are ordered piecemeal upon express request of the client providing, that the Seller is able to provide these goods for the Buyer.
- The order placed by the Buyer shall be valid under the condition that all information disclosed by the Buyer is complete and true as well as other requirements of the Seller when the order was placed (i.e. VIN, year of production, chassis serial number and other data about the vehicle).
- All the orders recieved are considered a draft of the sales contract and are considered to be binding for both Contracting Parties. The Seller shall notify the Buyer whether they accepted or refused the draft of sales contract immediately when new order is received / if the order was placed electronically the Buyer shall receive an email with the answer) according to the availability of the given Goods: the Seller shall notify the Buyer if the Goods are available from the Seller or if they are special goods that need to be ordered piecemeal from the supplier. A notification thereof shall be sent by the Seller to the Buyer by the time when the order is accepted. The Seller will confirm the price and date of delivery by telephone or by email . If the Buyer is a consumer, he shall be notified beforehand about the fact that this Special goods need to be ordered from a supplier, the sales contract between both Contracting Parties shall be concluded only when the Seller will have given details of the offer.
- The buying consumer shall be notified of the total price before the execution of the order, including VAT and all additional fees, as well as of how long the price or offer is valid.
- The sales contract shall be concluded when the accepted draft thereof takes effect. The finished contract (including the agreed price) may be modified or cancelled only upon agreement of both Contracting Parties or on legal grounds.
- The Seller reserves the right to require a down payment for the purchase price of Goods, up to 100 % value thereof, mainly in case of an order of Special goods or Goods where a down payment is required by the supplier. In this case the Goods shall be considered to be ordered only after the required down payment is made.
- The Seller has the right to partially fulfill the terms of the contract, and the Buyer is obliged to accept the partial fulfillment.
- Relations and any disputes that arise shall be settled exclusivelly according the applicable Slovak legislation, are reffered to Slovak jurisdiction and shall be settled in the courts thereof.
- The GTCS are worded in Slovak language. If an English translation of GTCS was made, the wording in the Slovak language shall prevail in case of any discrepancies. The same applies for complaints and contracts.
- The finished contract shall be archived for its succesful execution and is not made available to third parties.
- The cost for usage of communication means (telephone, internet etc.) for processing of the order are included in the normal price, depending on the telecomunication cost of the services used by the Buyer
- The Buyer and the Seller are entitled to withdraw from the contract on legal grounds. Apart from legal grounds the Contracting parties are entitled to withdraw from the contract only under following conditions:
- The Buyer is entitled to cancel an order or withdraw from the contract if the Goods are out of stock or unavailable and therefore the Seller is unable to deliver the Goods within time limits settled in these GTCS or at the agreed price, unless the Parties agree on other conditions of the contract. The Buyer shall be notified by phone or by email to about the cancellation of the order. In the case that the Buyer has already paid the purchase price of Goods or its part, this sum shall be returned within 15 days of order cancellation by a credit transfer to a given account unless the Contracting Parties agree otherwise.
- The Buyer has right to return Goods- withdraw from the contract without stating the reason only after previous agreement with an authorised employee of the Seller within 2 days from take over of Goods only if the goods bought were in stock( i.e. Not Special goods that were ordered). In the case that the Buyer bought Special Goods that had to be ordered from a supplier, the Seller has the right to refuse to accept such returned Goods, unless agreed otherwise. The Buyer shall be notified about this fact when placing the order. Returned goods shall be in original state and must not be used.
- The Buyer is entitled to withdraw from the contract because of a substantial breach of contract by the Seller, a substantial breach of contract is a delay in which case the Seller does not perform his duties stated in the contract within an adequate period of time decided by the Buyer, not less than 21 days.
- The Seller is not responsible for any damages or other claims caused by delay of delivery of Goods, if this was caused by circumstances outside the responsibility of the Seller or his supplier.
- The Buyer obtains the right of property when the purchase price has been paid in full. In the case that the Buyer is a consumer, he or she obtains the right of property when the Goods are taken over.
- The Seller declares, that all the personal data of the Buyer are confidential and will be used only for the purpose of fulfilling the contract , and they shall not be published, disclosed to third parties etc., unless it is connected with the distribution of payment of the Goods (communication of name and address of delivery). Personal data provided by the Buyer to the Seller for contract fulfillment shall be collected, processed and stored in accordance with applicable Slovak legislation, in particular the Personal Data Protection Act No. 122/2013 Coll. as amended The Buyer agrees to allow the Seller to collect, process these personal data to provide the performance of the subject- matter of the contract, until he expresses in writing his disapproval. The Buyer has the right to acces his personal data, to correct them, including other legal rights to his personal data.
Place of business: Viničná č. 2, 940 64 Nové Zámky, tel.: 0915 287 931
Monday - Friday 7:30 – 12:00,13:00 – 16:30
Saturday - 8:00 - 12:00
Hotline orders: 0907 999 995
Out of hours
Accepting orders for next day shipping in Slovakia: until 15:30 hod.
- Prices are specified in contract.
- The buyer buys goods for the price valid at the time when they were ordered.
- The goods can be ordered at address of the head office or at any place of business of the Purchaser.
- The Payment shall be made in following ways:
- Payment by bank transfer in advance
- Cash on delivery ( the cash is given by the Buyer to the courier/carrier)
- By invoice payment within 14 day from the issue of the invoice.
- The goods are the property of the Seller until the purchase price has been paid in full. This shall not apply if the Buyer is a consumer.
- The Buyer undertakes to pay the purchase price of the delivered Goods, including eventual shipping and packing cost and VAT.
- The Seller is entitled to charge also a partial performance of the subject-matter of the contract and the Buyer is required to pay such invoice within payment term 14 day from the issue of the invoice.
- In the case of late payment of any invoice or its part, the Seller is entitled to suspend delivery of any other Goods to the Buyer until all financial obligations have been paid and he is also entitled to charge late payment interest of 0,05 % of the due of the original payable sum per day of delay.
- No part of the purchase price for delivered Goods may be paid by means of debts by third parties or by adding to the Buyer´s debt to the Seller unless agreed otherwise.
- Delivery to store
The goods can be picked up only by the Buyer. This person must provide evidence of his/her identity by showing a valid card of identity or a valid passport.
- Delivery by our own couriers in Slovakia
The goods can be delivered to the Buyer by the Seller´s own couriers. The goods may be delivered in this way upon confirmation of the order and invoice until 15:30. The Seller guarantees next working day delivery anywhere in Slovakia after the confirmation of the order. Delivery costs by Buyer´s own couriers shall be borne by the Buyer.
- Delivery by means of Slovenská pošta (Slovak Post) - EMS service
The goods may be sent to the Buyer by Slovak post- Service EMS. Shipping cost for the delivery of Goods not exceeding 100 E in value is 4 E and is paid by the Buyer. If the order amount is above 100 E, the shipping is paid by the Seller.
- The Seller who is an enterpreneur is obliged (it is also recommended for a Buyer that is a consumer) to check the state of the consignement (number of parcels, integrity of the tape with the companies logo, and damage to the box) according to the enclosed transport document with the courier immediately after the delivery of the Goods. The Buyer is entitled to refuse to accept a delivery which is not in compliance with the sale contract, especially from the reason that the delivery is incomplete or damaged. If the Buyer accepts a damaged delivery, it is necessary to describe the damage of the delivery in the receiving certificate/ transport document.
- If the Buyer finds out that the delivery is damaged after its delivery, he is obliged to write and send a damage report immediately ( or no later than 24 hours after the delivery) to this address.
- 6Additional complaints about missing items or external damage of the delivery do not deprive the Buyer of the right to file a complaint, the Seller however is entitled to prove that it is not contrary to the meaning of the sales contract.
- If the Buyer refuses unjustifiably to accept the delivered goods by the Seller (duly ordered by the Purchaser) duly and on time, the Seller is entitled to charge the shipping cost of the Goods to the ordered place of delivery and the cost of delivery back to the Seller. If the Buyer fails to accept the finished order duly and on time for any reasons on his part and the storage period of this uncollected delivery exceeds 10 days from the date of the agreed delivery term, the Seller is entitled to charge a fee of 0,5% of the purchase price for storage costs for storing the goods for each day of the storage, including incomplete days. These penalties do not apply if the Seller delivers Goods that fail to comply to the Contract or damaged Goods.
- Warranty terms are governed by Complaints procedure of the Seller and applicable Slovak legislation. Receipt is considered to be the letter of guarantee.
These General Terms and ´Conditions of Sale are valid as of 04.04.2015. The Seller reserves the right the change these GTCS without prior notice to the Buyer. In the case that the Buyer is a consumer, the Seller may change the GTCS only on terms contracted in the sales contract.
Approved on behalf of the Seller by František Vadkerti, General manager.