Terms and Conditions

Part A – Common provisions

The provisions of Part A apply to every buyer, irrespective of whether the buyer is a consumer, an entrepreneur or a legal entity.

1. Basic provisions and identification of the seller

These GTC govern the rights and obligations of the contracting parties arising from the purchase contract concluded at a distance between the seller and the buyer through the seller's e-shop. If the buyer is a consumer, relations not regulated by these GTC are governed in particular by zákon č. 108/2024 Z. z. o ochrane spotrebiteľa a o zmene a doplnení niektorých zákonov (Act No. 108/2024 Coll. on consumer protection and on the amendment and supplementation of certain acts), by zákon č. 40/1964 Zb. Občiansky zákonník as amended (the Slovak Civil Code) and by other generally binding legal regulations of the Slovak Republic. If the buyer is not a consumer, relations not regulated by these GTC are governed in particular by zákon č. 513/1991 Zb. Obchodný zákonník as amended (the Slovak Commercial Code) and by other generally binding legal regulations of the Slovak Republic.

Seller and operator of the e-shop:

• Business name: V.J.K. GUMKÁČI s. r. o.
• Registered office: Karadžičova 4111/47, 811 07 Bratislava, Slovak Republic
• Company ID (IČO): 44212844
• Tax ID (DIČ): 2022621502
• VAT ID (IČ DPH): SK2022621502
• Registration: Commercial Register of the Bratislava III City Court, section: Sro, insert No. 52786/B
• Managing director: Jaroslav Kubica
• Phone: +421 903 266 076
• E-mail: vjk@vjk.sk

Brick-and-mortar shop: Rubber goods shop, Karadžičova 47, 811 07 Bratislava.
Opening hours: Monday – Thursday 9:00 – 17:00, Friday 9:00 – 13:00.

Supervisory and control authority:

• Slovenská obchodná inšpekcia (the Slovak Trade Inspection, hereinafter the “SOI”), Inšpektorát SOI pre Bratislavský kraj – the SOI Inspectorate for the Bratislava Region
• Prievozská 1325/32, 821 05 Bratislava – Ružinov
• Tel.: 02/582 722 03, e-mail: helena.molekova@soi.sk, web: www.soi.sk

2. Definition of terms

• Seller – the company V.J.K. GUMKÁČI s. r. o. with its registered office at Karadžičova 4111/47, 811 07 Bratislava, Company ID: 44212844, which, in concluding and performing the purchase contract, acts within the scope of its business activity.
• Buyer – a person who concludes a purchase contract with the seller through the e-shop. The buyer is either a buyer-consumer or a buyer-entrepreneur.
• Buyer-consumer (hereinafter also the “consumer”) – a natural person who, in concluding and performing the purchase contract, does not act within the scope of their business activity, employment or profession (§ 52 ods. 4 of the Občiansky zákonník, i.e. Section 52(4) of the Slovak Civil Code). A consumer may also be a natural person who is an entrepreneur (for example a sole trader or a self-employed person), if the particular purchase is unrelated to their business activity; what is decisive is the purpose of the purchase, not the mere stating of a Company ID (IČO).
• Buyer-entrepreneur – a person who, in concluding and performing the purchase contract, acts within the scope of their business activity or profession, as well as any legal entity (for example a limited liability company, a joint-stock company, a municipality, a school or a civic association). A legal entity is not a consumer, irrespective of what goods it purchases and for what purpose it purchases them. Wherever this document refers to the buyer-entrepreneur, this also means a legal entity.
• Purchase contract – a contract concluded at a distance between the seller and the buyer through the e-shop, on the basis of which the seller undertakes to deliver the goods to the buyer and the buyer undertakes to take over the goods and pay the purchase price for them.
• Goods – rubber products and related assortment offered in the e-shop (in particular rubber flooring, mats, seals and profiles), including goods cut to length and sold by the metre or square metre.

3. Scope of the GTC and the mutual relationship of Parts A, B and C

These GTC are divided into three parts:

• Part A – Common provisions applies to every buyer.
• Part B – Special provisions for the buyer-consumer applies exclusively to the buyer-consumer.
• Part C – Special provisions for the buyer-entrepreneur and for a legal entity applies exclusively to the buyer-entrepreneur and to a legal entity.

If the buyer is a consumer, the purchase contract is governed by Part A and Part B. No provision of Part C applies to a consumer and no such provision may be invoked against them. Should Part A conflict with Part B, Part B prevails in the case of a consumer.

If the buyer is not a consumer, the purchase contract is governed by Part A and Part C; Part B does not apply to such a buyer. Should Part A conflict with Part C, Part C prevails.

No provision of these GTC may be interpreted so as to deprive a consumer of the rights conferred on them by mandatory provisions of generally binding legal regulations, in particular by the Občiansky zákonník and by zákon č. 108/2024 Z. z. Any such provision shall be disregarded in relation to the consumer.

How the buyer identifies as an entrepreneur: in the order, the buyer ticks the “I am buying for a company” field and fills in the business name, the IČO, the DIČ and, in the case of a VAT payer, also the IČ DPH. By stating the IČO, the DIČ or the IČ DPH in the order, the buyer declares that they are concluding the purchase contract within the scope of their business activity or profession, or that they are concluding it as a legal entity, and acknowledges that Part C of these GTC applies to such a purchase contract and that Part B does not apply to it. If the buyer states none of these details, the seller deals with them as with a consumer.

This declaration is not a waiver of consumer rights. What is always decisive is the actual purpose of the purchase, not the ticking of a field, the mere stating of an IČO, or the issuing of an invoice to an IČO (§ 52 ods. 4 and § 54 ods. 1 of the Občiansky zákonník). If a natural person concluded the purchase contract outside the scope of their business activity, employment or profession, they remain a consumer and are entitled to the rights under Part B even if they ticked that field or stated an IČO; in such a case, please contact the seller at vjk@vjk.sk and the seller will deal with them as with a consumer.

4. Order and conclusion of the purchase contract

The buyer orders the goods by filling in and submitting the order form in the e-shop. Before binding submission of the order, the buyer has the option to check and change the data they have entered into the order, including the type and quantity of goods, the chosen shipping and payment method.

By submitting the order, the buyer confirms that they have read these GTC and expresses their agreement with them. The submitted order is a proposal to conclude a purchase contract and is associated with an obligation to pay.

After receiving the order, the seller sends the buyer a confirmation of receipt of the order to the e-mail address provided. The purchase contract is concluded at the moment this order confirmation is delivered to the buyer. The seller reserves the right to verify the order, in particular for goods whose transport is determined individually.

5. Prices and payment terms

All prices of goods and services stated in the e-shop are final and stated including value added tax (VAT) at the statutory rate; the standard VAT rate is 23 %. The price valid for the order is the price stated for the goods at the moment the order is submitted.

The buyer may choose one of the available payment methods:

• payment in advance by bank transfer – free of charge (recommended, default),
• cash on delivery via GLS – 1,35 €,
• cash on delivery via SDS – 1,35 €,
• for shipments over 60 kg, instead of the flat cash-on-delivery fee a percentage of the price of the goods is charged (1,1 % – 1,6 % depending on the type of goods); you can see the exact amount in the shopping cart before submitting the order,
• payment in cash or by payment card at the shop – free of charge (only for personal collection).

The availability of individual payment methods depends on the chosen shipping method. Payment in advance by bank transfer is possible with all shipping methods; GLS cash on delivery is available with GLS courier shipping (with delivery to a GLS ParcelShop pickup point, cash on delivery is not available – this delivery method is possible only with payment in advance); SDS cash on delivery is available with SDS courier shipping and SDS Cargo; cash on delivery is not possible with personal collection; payment in cash or by payment card is possible exclusively for personal collection at the shop. With payment in advance by bank transfer, the goods are dispatched after the purchase price is credited to the seller's account. You can find detailed payment terms on the Shipping and Payment page.

Prices in the e-shop are stated including VAT also for the buyer-entrepreneur. The breakdown of the tax base, of the tax rate and of the amount of VAT is given on the invoice; the invoicing rules for the buyer-entrepreneur are governed by point 18 of these GTC.

6. Delivery terms

The seller delivers goods within the territory of the Slovak Republic and the Czech Republic through transport companies or by personal collection at the shop. Personal collection is possible exclusively at the shop in the Slovak Republic. For delivery to the Czech Republic, the shipping price is determined according to a separate price list given on the Shipping and Payment page, with the buyer choosing the country of delivery in the order; the shipping price shown in this way is final and is no longer recalculated on dispatch, with the exception of shipments over 30 kg, for which the transport price is determined individually; cash on delivery is currently not possible for delivery to the Czech Republic and we send the goods on the basis of payment in advance. The shipping price is determined according to the total weight of the order and is stated including VAT:

• GLS courier – up to 3 kg 4,50 €; from 3,01 to 5 kg 4,70 €; from 5,01 to 10 kg 5,10 €; from 10,01 to 20 kg 6,10 €; from 20,01 to 30 kg 7,60 €; from 30,01 to 40 kg 9,20 €,
• GLS ParcelShop / pickup point (including parcel locker) – up to 5 kg 3,80 €; from 5,01 to 10 kg 4,90 €; from 10,01 to 20 kg 5,60 €; from 20,01 to 30 kg 6,20 € (the customer chooses the pickup point on the map during the order; this delivery method is available up to 30 kg),
• SDS courier – from 40,01 to 50 kg 20,00 €,
• SDS courier – from 50,01 to 60 kg 24,50 €,
• SDS courier for recycled rubber paving for outdoor use – up to 5 kg 6,30 €; from 5,01 to 10 kg 7,70 €; from 10,01 to 20 kg 9,00 €; from 20,01 to 30 kg 11,80 €; from 30,01 to 40 kg 13,60 €; from 40,01 to 50 kg 20,00 €; from 50,01 to 60 kg 24,50 €,
• SDS Cargo (over 60 kg) – the shipping price is determined individually,
• personal collection at the shop – free of charge.

For goods weighing over 60 kg (SDS Cargo transport), the shipping price is determined by individual calculation; we contact the customer by phone before dispatch and in this case the shipping price is not included in the order price. Personal collection at the shop does not apply to recycled rubber paving, which we deliver exclusively directly to the customer's address. You can find detailed delivery terms on the Shipping and Payment page.

If the buyer is a consumer, the seller notifies them of the shipping price determined by individual calculation before dispatch and dispatches the goods only after the consumer has expressly agreed to that price. Until the consumer agrees to the shipping price, they are not obliged to pay it and may withdraw from the contract free of charge; in such a case the seller returns all payments received to them without delay, at the latest within 14 days. The same applies to shipments to the Czech Republic for which the transport price is determined individually.

7. Protection of personal data

The seller processes the buyers' personal data to the extent necessary to handle the order, fulfil the contract and statutory obligations, in accordance with the applicable legal regulations on the protection of personal data. Detailed information on the processing of personal data, on the recipients of the data and on the rights of the data subjects can be found in the document Protection of Personal Data. Information on the use of cookies is provided on the Cookie Policy page.

8. Final provisions

The seller reserves the right to change or supplement these GTC at any time with effect for the future. For a specific purchase contract, the GTC in effect at the time of submitting the order are binding. A change of the GTC does not apply to a purchase contract already concluded; the rights and obligations arising from it, including the consumer's rights arising from defects of the goods and from withdrawal from the contract, continue to be governed, even after a change of the GTC, by the wording in effect at the time the order was submitted.

These GTC come into validity and effect on the day of their publication on the e-shop's pages. Relations and any disputes arising on the basis of the purchase contract are governed by the law of the Slovak Republic and are resolved by the competent courts of the Slovak Republic. If the buyer is a consumer habitually resident in another Member State of the European Union, the choice of Slovak law does not deprive them of the protection afforded to them by the mandatory provisions of the law of the State of their habitual residence (Article 6(2) of Regulation (EC) No 593/2008 – Rome I); such a consumer may bring proceedings before the courts of the State of their domicile and the seller may sue them only before the courts of the State of their domicile (Articles 17 to 19 of Regulation (EU) No 1215/2012).

The provisions of this point apply to the entire wording of these GTC, including Parts B and C. If any provision of these GTC becomes invalid or ineffective, this does not affect the validity and effect of the remaining provisions.

Part B – Special provisions for the buyer-consumer

The provisions of Part B apply exclusively to the buyer-consumer, that is, to a natural person who, in concluding and performing the purchase contract, does not act within the scope of their business activity, employment or profession. Part B does not apply to the buyer-entrepreneur or to a legal entity.

9. Withdrawal from the contract without giving a reason

The consumer is entitled to withdraw from a purchase contract concluded at a distance even without giving a reason. The statutory period for withdrawal is 14 days; beyond the scope of the law, the seller provides an extended period of 30 days from the day of receipt of the goods.

The consumer may withdraw from the contract:

• online – by clicking the “Withdraw from the contract” button, which is available in the confirmation e-mail, on the thank-you page after the order and in the customer account, or
• by filling in and sending the withdrawal from the contract form.

The “Withdraw from the contract” button is a withdrawal function under § 20a of zákon č. 108/2024 Z. z. and is available to the consumer continuously throughout the entire withdrawal period. The seller sends the consumer a confirmation of receipt of the withdrawal on a durable medium.

After a valid withdrawal from the contract, the seller returns all payments received to the consumer without delay, at the latest within 14 days from the day of delivery of the notice of withdrawal from the contract.

Exception – when it is not possible to withdraw from the contract: in accordance with zákon č. 108/2024 Z. z., the consumer cannot withdraw from a contract whose subject is the sale of goods made according to the consumer's special requirements or goods made to measure. This means goods cut to length or to size according to the consumer's requirement (rubber flooring, mats and gasket sheets cut to size). The exception applies only where the goods were adjusted to a size specified by the consumer; it does not apply to goods supplied in standard sizes, nor to goods supplied in whole pieces whose number is merely converted into square metres (for example recycled rubber paving for outdoor use). This exception does not affect the consumer's rights arising from defects of the goods under point 10 of these GTC.

The extended period of 30 days is a voluntary above-standard performance by the seller provided exclusively to the consumer. The buyer-entrepreneur and a legal entity do not have the right to withdraw from the contract without giving a reason (point 13 of these GTC).

10. Complaints and liability for defects

The seller is liable to the consumer for defects of the goods within the statutory period of 24 months from receipt of the goods. The consumer may make a complaint at the seller's registered office or shop, or send it together with the goods; to make it easier, we recommend using the complaint form.

After the first removal of a defect by repair of the item, the period of liability for defects of the item is extended by 12 months. The period of liability for defects of the item is extended only once, irrespective of the number of repairs of the item (§ 619 ods. 4 of the Občiansky zákonník).

If a defect becomes apparent before the expiry of the period of liability for defects, including its extension after the first repair, it is presumed to be a defect that the goods already had at the time of delivery; this does not apply if the contrary is proved or if this presumption is incompatible with the nature of the goods or of the defect (§ 620 ods. 1 of the Občiansky zákonník). The consumer is not obliged to prove that the defect existed at the time of delivery of the goods; the burden of proving the contrary lies with the seller.

The seller issues the consumer a written confirmation of the making of the complaint, as well as of the manner of its settlement. The seller will settle the complaint at the latest within 30 days from the day it is made. Details on making and settling complaints are governed by the Complaints Procedure.

11. Alternative dispute resolution

The consumer has the right to contact the seller with a request for redress if they are not satisfied with the manner in which the complaint was settled or believe that the seller has violated their rights. If the seller responds to the request with a rejection or does not respond to it within 30 days from the day of its sending, the consumer has the right to file a proposal to initiate alternative dispute resolution under zákon č. 391/2015 Z. z. o alternatívnom riešení spotrebiteľských sporov (Act No. 391/2015 Coll. on alternative resolution of consumer disputes).

The competent entity for alternative dispute resolution is Slovenská obchodná inšpekcia (www.soi.sk), or another authorised legal entity entered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic. The consumer may also file the proposal to initiate alternative dispute resolution in paper or electronic form with the competent entity.

Alternative dispute resolution is a right of the consumer. It does not apply to disputes with the buyer-entrepreneur or with a legal entity (§ 1 ods. 1 písm. a) and § 2 ods. 2 of zákon č. 391/2015 Z. z.).

Part C – Special provisions for the buyer-entrepreneur and for a legal entity

The provisions of Part C apply exclusively to a buyer who is not a consumer, that is, to a person acting within the scope of their business activity or profession and to every legal entity. No provision of Part C applies to the buyer-consumer.

12. Governing law and incorporation of these GTC

A purchase contract concluded between the seller and the buyer-entrepreneur is governed by zákon č. 513/1991 Zb. Obchodný zákonník, in particular by its provisions on the purchase contract (§ 409 et seq.). If both contracting parties are entrepreneurs and it is evident at the time the obligation relationship arises, having regard to all the circumstances, that the relationship concerns their business activity, the relationship is an obligation relationship under § 261 ods. 1 of the Obchodný zákonník. If the buyer is a self-governing territorial unit or another person listed in § 261 ods. 2 of the Obchodný zákonník and the obligation relationship meets the conditions of that provision, the relationship is governed by the Obchodný zákonník pursuant to § 261 ods. 2. If the buyer is not an entrepreneur (for example a school or a civic association), the relationship is governed by the Obchodný zákonník on the basis of the agreement of the contracting parties under the following paragraph.

Should the obligation relationship between the seller and the buyer not fall under § 261 of the Obchodný zákonník, the contracting parties have agreed, in accordance with § 262 ods. 1 of the Obchodný zákonník, that their obligation relationship is governed by the Obchodný zákonník. An agreement under § 262 ods. 1 of the Obchodný zákonník requires written form (§ 262 ods. 2 of the Obchodný zákonník). The contracting parties regard this form as observed if the buyer submits electronically through the e-shop an order whose content includes these GTC and the seller confirms it electronically to the e-mail address stated by the buyer, since such an act permits the content thereof to be captured and the person who performed it to be determined (§ 40 ods. 4 of the Občiansky zákonník). Should the agreement under § 262 ods. 1 not be validly concluded, the obligation relationship is governed by the relevant provisions of the Občiansky zákonník; the validity of the remaining provisions of these GTC is not affected thereby.

If the buyer is not an entrepreneur, this agreement applies only to the extent that it is not directed towards a worsening of their legal position; otherwise it is invalid to that extent (§ 262 ods. 1, second sentence, of the Obchodný zákonník) and the provisions of the Občiansky zákonník and of the special regulations on consumer contracts are also applied for the benefit of such a buyer. If the buyer acts within the scope of their business activity or profession, the provisions of the Občiansky zákonník on consumer contracts and the provisions of zákon č. 108/2024 Z. z. do not apply to such a contract.

These GTC form part of the purchase contract pursuant to § 273 ods. 1 of the Obchodný zákonník; the buyer became acquainted with them before submitting the order and they are permanently available to the buyer on the e-shop's pages. In accordance with § 273 ods. 2 of the Obchodný zákonník, deviating arrangements individually agreed between the seller and the buyer (for example in a written framework agreement or in a confirmed price quotation) prevail over the wording of these GTC.

13. Exclusion of the provisions on consumer contracts

The buyer-entrepreneur and a legal entity are not a consumer within the meaning of § 52 ods. 4 of the Občiansky zákonník. The following therefore do not apply to a purchase contract concluded with them:

• the right to withdraw from the contract without giving a reason – § 19 to § 22 of zákon č. 108/2024 Z. z. do not apply to the buyer-entrepreneur; neither the statutory 14-day period, nor the voluntary extended period of 30 days under point 9 of these GTC, nor the withdrawal function under § 20a of zákon č. 108/2024 Z. z. applies to them,
• liability for defects under the consumer regime – § 619 to § 627 of the Občiansky zákonník, including the 24-month period of liability for defects, the extension by 12 months after the first repair under § 619 ods. 4, the presumption that the defect existed upon delivery under § 620 ods. 1, the 30-day period for settling a complaint under § 622 ods. 3 and the order of claims under § 623 and § 624; points 14 to 16 of these GTC apply instead,
• alternative dispute resolution – zákon č. 391/2015 Z. z. applies only to consumer disputes (§ 1 ods. 1 písm. a) and § 2 ods. 2) and therefore does not apply to disputes with the buyer-entrepreneur,
• protection against unfair contract terms under § 53 of the Občiansky zákonník and the pre-contractual information duties under § 5 and § 15 of zákon č. 108/2024 Z. z.

The seller may allow the buyer-entrepreneur to return goods on the basis of an individual agreement; there is, however, no legal entitlement to such a return and the seller is not obliged to accept it.

14. Inspection of the goods and notification of defects

The seller is liable for a defect that the goods have at the moment the risk of damage to the goods passes to the buyer, even if the defect becomes apparent only after that time (§ 425 ods. 1 of the Obchodný zákonník). The seller is likewise liable for any defect arising after that moment if it is caused by a breach of the seller's duties (§ 425 ods. 2 of the Obchodný zákonník). The moment at which the risk of damage to the goods passes is governed by § 455 et seq. of the Obchodný zákonník.

The buyer is obliged to inspect the goods as soon as possible after the risk of damage to the goods has passed, having regard to the nature of the goods (§ 427 ods. 1 of the Obchodný zákonník); if the contract includes transport of the goods, the inspection may be postponed until the goods are transported to the place of destination (§ 427 ods. 2 of the Obchodný zákonník). The buyer is obliged to raise obvious damage to the shipment or a discrepancy in quantity with the carrier and to have it recorded in the transport document upon taking over the shipment.

The buyer is obliged to notify the seller of defects of the goods without undue delay after having discovered them or after they ought to have discovered them, exercising professional care, during the inspection which they are obliged to carry out, and in the case of latent defects at the latest within two years of delivery of the goods (§ 428 ods. 1 of the Obchodný zákonník). The notification must contain a description of the defect or a statement of how the defect manifests itself.

If the buyer does not notify the defects in time, the right arising from the defects of the goods cannot be awarded to them in court proceedings if the seller objects in the proceedings that the defects were not notified in time (§ 428 ods. 2 of the Obchodný zákonník); the right arising from the defects does not thereby lapse. These effects do not arise if the defects of the goods are a consequence of facts of which the seller knew or must have known at the time of delivery of the goods (§ 428 ods. 3 of the Obchodný zákonník). If a guarantee of quality was provided for the goods, the guarantee period applies instead of the two-year period.

15. Guarantee of quality

The seller does not provide the buyer-entrepreneur with a guarantee of the quality of the goods under § 429 of the Obchodný zákonník, unless agreed otherwise in writing. The seller's obligation arising from a guarantee of quality arises towards the buyer-entrepreneur only if the guarantee is provided in written form and states the guarantee period (§ 429 ods. 1 of the Obchodný zákonník).

In accordance with § 263 ods. 1 of the Obchodný zákonník, the contracting parties derogate from § 429 ods. 2 of the Obchodný zákonník and agree that the indication of the length of the guarantee period, of the durability period or of the usability period of the goods on their packaging, in a technical data sheet or in the manufacturer's accompanying documentation is, in relation to the buyer-entrepreneur and to a legal entity, regarded merely as information about the properties of the goods and does not have the effect of the seller assuming an obligation arising from a guarantee of quality. The seller assumes a guarantee of quality exclusively in the manner set out in the preceding paragraph.

16. Claims arising from defects of the goods

The claims of the buyer-entrepreneur arising from defects of the goods are governed by § 436 to § 441 of the Obchodný zákonník. In accordance with § 263 ods. 1 of the Obchodný zákonník, which permits derogation from § 422 to § 441, the contracting parties have agreed as follows:

• If delivery of goods with defects constitutes a material breach of the contract, the buyer may demand removal of the defect by delivery of substitute goods, delivery of the missing goods, removal of the defect by repair, a reasonable discount from the purchase price, or the buyer may withdraw from the contract; the buyer is obliged to notify the seller of their choice in the notification of defects under point 14 or without undue delay thereafter (§ 436 ods. 1 and 2 of the Obchodný zákonník).
• If delivery of goods with defects constitutes an immaterial breach of the contract, the buyer may demand delivery of the missing goods and removal of the other defects of the goods, or a discount from the purchase price (§ 437 ods. 1 of the Obchodný zákonník). In this case the seller decides on the manner of removing the defect – by repair of the goods or by delivery of substitute goods, whereby the chosen manner of removing the defects must not cause the buyer to incur unreasonable costs (§ 437 ods. 2 of the Obchodný zákonník).
• In the event of an immaterial breach of the contract, the buyer may not withdraw from the contract before the expiry of the additional reasonable period granted to the seller for removal of the defect, or before the seller declares that it will not remove the defect.

The 30-day period under § 622 ods. 3 of the Občiansky zákonník does not apply to the settlement of claims arising from defects made by the buyer-entrepreneur; the seller settles them within a reasonable period in accordance with the Complaints Procedure.

The manner of making a complaint, the confirmation of its making and of its settlement, and the period for its settlement are governed by the Complaints Procedure, which forms an inseparable part of these GTC; Part A and Part C thereof apply to the buyer-entrepreneur.

17. Liability for damage

The seller's liability for damage towards the buyer-entrepreneur is governed by § 373 et seq. of the Obchodný zákonník.

The contracting parties acknowledge that, under § 379 of the Obchodný zákonník, compensation is not provided for damage exceeding the damage which the party in breach foresaw at the time the obligation relationship arose as a possible consequence of a breach of its duty, or which it was possible to foresee having regard to the facts which that party knew or ought to have known at that time exercising ordinary care. The contracting parties jointly declare that they regard as foreseeable in particular damage corresponding to the value of the goods in respect of which the breach of duty occurred; they do not regard as foreseeable the buyer's lost profit, production and downtime losses, the costs of dismantling and reinstallation, or third-party claims, unless the seller was notified in writing before the conclusion of the contract of the particular circumstances from which such damage may arise. The extent of compensation for damage is in every case assessed under § 379 of the Obchodný zákonník; this declaration does not establish a pre-agreed upper limit on compensation for damage.

This provision is neither a waiver of the claim for compensation for damage nor an advance limitation of that claim. The contracting parties expressly confirm that, in accordance with § 386 ods. 1 of the Obchodný zákonník, a claim for compensation for damage cannot be waived before the breach of duty from which the damage may arise, and that no provision of these GTC may be interpreted as such a waiver. The seller is furthermore liable in full, in accordance with the legal regulations, for damage caused intentionally or by gross negligence and for damage to life and health.

18. Invoicing and value added tax

The seller is a value added tax payer (IČ DPH: SK2022621502). Where goods are supplied with the place of supply in the domestic territory to another taxable person or to a legal entity that is not a taxable person, the seller is obliged to issue an invoice (§ 72 ods. 1 písm. a) of zákon č. 222/2004 Z. z. o dani z pridanej hodnoty – Act No. 222/2004 Coll. on value added tax). The seller issues the invoice within 15 days of the day of supply of the goods or of the day of receipt of a payment before the supply of the goods (§ 73 ods. 1 of that Act); where the supply of goods is exempt from tax under § 43 of that Act, the seller issues the invoice within 15 days of the end of the calendar month in which the goods were supplied (§ 73 ods. 2 of that Act). The seller delivers the invoice to the buyer electronically to the e-mail address stated in the order, as a rule after the shipment has been delivered and taken over; by submitting the order, the buyer consents to electronic delivery of the invoice. The document attached to the order confirmation is a summary of the order and is not a tax document.

The buyer is obliged to state in the order complete and correct invoicing details – the business name, the address of the registered office or of the place of business, the IČO, the DIČ and, in the case of a VAT payer, also the IČ DPH under which the goods are supplied to them. The seller states on the invoice the particulars under § 74 ods. 1 of that Act, in particular the business name, the address and the tax identification number of the buyer under which the goods were supplied to them (§ 74 ods. 1 písm. b) of that Act). The buyer is responsible for the correctness of the details provided. The addition or change of an IČ DPH after the invoice has been issued cannot always be taken into account.

Supply to the Czech Republic. The supply of goods dispatched or transported to another Member State of the European Union is exempt from tax only if the acquirer is a person identified for tax in another Member State, has notified the seller of their tax identification number allocated in another Member State, and the other conditions under § 43 ods. 1 of zákon č. 222/2004 Z. z. are met. The seller is obliged to prove that the conditions for the exemption are met (§ 43 ods. 5 of that Act). The seller is therefore entitled to verify the validity of the notified tax identification number in the VIES system and to request documents evidencing the transport of the goods.

Prices in the e-shop are always displayed including Slovak VAT and the price displayed in this way is the price valid for the order. The exemption from tax for supplies to another Member State is not applied automatically in the e-shop. If the buyer wishes to claim the exemption, they are obliged to notify the seller of their tax identification number allocated in another Member State before submitting the order at vjk@vjk.sk; the seller verifies its validity in the VIES system and agrees the price and the manner of invoicing with the buyer individually. Without such an agreement, the seller invoices the supply with Slovak VAT and states on the invoice the tax base, the tax rate applied and the amount of tax in euros.