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General terms and conditions

 

 

1. Introductory provisions


1.1 These General Terms and Conditions ("GTC") govern the rights and obligations of the company SOLA Switzerland EU s.r.o., with registered office in Novozámocká 1065, 951 12 Ivanka pri Nitre, Slovakia IdNr: 46 232 184, Tax ID: 2023288905, VAT ID: SK2023288905, registered in the Commercial Register of the district court Nitra, section: Sro, deposit No. 29318 / N (hereinafter referred to as (the "Seller" or "Sola")) and our customers from a purchase agreement concluded between Sola as the seller and the customer as a Buyer via the Internet, the subject of which is the purchase of goods through the e-shop on the website www.gastrofactory.eu. Through this portal, a third person (the "Buyer") has the opportunity to see the goods on the e-shop page. At the same time under conditions of these GTC and subject to the acceptance of the order / the purchase contract proposal from the Seller, this person as a Buyer has the opportunity to purchase the selected goods.

1.2 The Seller's e-mail address is info@gastrofactory.eu. Phone number of the seller: +421 37 2 851 417. Operating hours at the Seller's premises: normal working days from Monday to Friday from 8:00 to 16:00 outside working days and public holidays. These data can be changed or updated at any time under www.gastrofactory.eu.

1.3 These GTC govern the legal relations between Sola Switzerland EU s.r.o. as a Seller and the Buyer who, according to the GTC, is interested in buying goods on www.gastrofactory.eu. These legal relationships between the Seller and the Buyer resulting from the purchase, delivery are appropriately regulated by the relevant Slovak legislation, in particular the Commercial Code of the Slovak Republic, depending on their content and buyers.

1.4 A purchase contract is a contract between the Seller and the Buyer, the subject of which is the purchase of goods presented on www.gastrofactory.eu, which has been concluded in accordance with article 2 and the following GTC.

1.5 The provisions of these GTC and the laws governing the rights of the Buyer (entrepreneur) apply exclusively to the Buyer who is not a consumer within the meaning of Law No. 250/2007 of the Law Collection, or who buys the goods for business purposes and not for personal consumption purchases. The offer on this site is intended for Buyers within the meaning of the previous paragraph, with the exception of Buyers with registered office in the Netherlands, Switzerland, Austria and around Berlin. Buyers based in Austria and around Berlin will be redirected to the distributors sites. The liability for material defects and the relationship between the Seller and the Buyer, who is not a consumer, are in this case governed by the provisions of the Commercial Code of the Slovak Republic.

1.6 The item data displayed on the shopping portal (in particular price, size, inventory) are not updated online by the Seller at all times. This merchandise data may not always be accurate and complete in the purchasing portal compared to the actual status. The goods sold via the e-shop are always limited by the actual stock of the Seller and the order and / or delivery of the goods is not possible after the goods are sold out. In certain cases, the Seller will not be able to deliver products or equivalent products at a time and in the quantity appropriate in relation to the product and the price, especially if an emergency case has occurred under Art. 2.15 GTC. In the event of any such emergency in which the goods can not be delivered, the Buyer shall be reasonably informed of such status and, in the event of a concluded contract, each party shall have the right to withdraw from the contract and the goods are not eligible by the buyers.


 
2.  Order of goods / purchase contract / contract conclusion


2.1 The purchase of the goods is made by submitting and sending an order by the Buyer in the e-shop of the Seller, on the condition that the order of the Buyer is agreed by the Seller according to GTC, otherwise the contractual relationship is not concluded. If the order is approved by the Seller in accordance with the GTC, the Seller delivers the ordered goods within the delivery period in accordance with Art. 4.1 GTC. By submitting the order, the Buyer confirms that he has been informed that the obligation to pay for the ordered goods is linked to the sending of the order. Order of free samples is limited to 12 pieces per buyer per calendar year.

2.2 For the possibility of an active purchase in the e-shop it is necessary that the Buyer is registered under www.gastrofactory.eu in the registration part of the portal. The registration of the Buyer can be done only before the selection of the goods. The person filling out the registration form must complete the information according to the required fields on the registration form. By completing the registration form at the same time, the Buyer declares that he is aware of the processing of his personal data according to Atr. 7 and following these GTC. The Buyer is obliged to update this information in the event of a changeby an e-mail sent to info@gastrofactory.eu minimum 24 hours before sending the order, as its correctness, veracity and timeliness will influence the delivery. Mandatory fields of the registration form are marked with a "*". The Buyer should provide correct, complete and accurate data. Failure to fulfill those obligations by the Buyer is interpreted to the detriment of the Buyer. The successful registration process is terminated by the assignment of an access name and a password. The affected data will be sent to the Buyer by an e-mail. The Buyer shall keep the access name and password generated in the registration process in a safe place and protect it so that it can not be misused.

2.3 The Buyer views and selects goods according to the categories of goods listed in the goods menu, or by clicking on the displayed product. For merchandise, the Buyer selects the data based on the published order information and clicks the "add to cart" icon to add the goods to his order.

2.4 Creating the order by the Buyer consists of 5 steps: a) Selecting the goods and clicking on the icon "Add to cart", b) Display the contents of the shopping cart by clicking on the icon with the shopping cart symbol and clicking on "Go to Cash desk", (c) indicating the delivery address and clicking on"delivery and payment", d) Select shipping method and payment and click on "Go to order overview", e) summary of order data; tick the box "Familiarize yourself with the terms and conditions" and click on the icon: "Binding order with payment obligation".

2.5 In these steps, the Buyer follows the navigation instructions. The Buyer should provide the complete, true and correct information necessary for the proper delivery of the goods. The Buyer is obliged to check the accuracy of the selected data and information in the ordering process before final delivery to the Seller.

2.6 Any other conditions of purchase specified in the Buyer's order, other documents, reports or e-mails contradicting these GTC are expressly prohibited.

2.7 The Buyer's order is deemed to be shipped when it is delivered to the Seller and contains all the required information - the name of the ordered goods, the quantity, price, delivery and billing address, e-mail address and telephone number of the Buyer.

2.8 Before submitting the order to the Seller, the Buyer is obliged to confirm that he is familiar with the applicable GTC of the Seller. The process of creating and sending orders by the Buyers can not be completed without doing so. Each order is assigned a registration number. When communicating with the Seller and paying, the Buyer also gives the order number.

2.9 The Buyer sends the order via e-shop to the Seller. This order is a suggestion of the Buyer to conclude a purchase contract within the terms of these GTC. The order is addressed to the Seller for acceptance and processing within 15 days of receipt. By sending an order to the seller via a purchasing portal, the Buyer indicates that he is prepared to be bound by his order during the specified time, to purchase the selected product at the purchase price subject to the terms of the terms and conditions subject to acceptance by the seller to take over. Upon receipt of the order, the Seller will promptly confirm the Buyer's order electronically, i. informs the Buyer about receipt and acceptance of the order of the Buyer in the system of the Seller.

2.10 After processing the order of the Buyer, the Seller immediately sends an acknowledgment of receipt (order confirmation) with the order number, the name and specification of the goods, the price of the goods and the delivery costs (postage), the payment method, the place to which the goods are delivered, or other information. By receiving the confirmation e-mail about the acceptance of your order, it comes to the conclusion of the contract. The order of the Buyer will also be archived in the area of orders, which will be exclusively available to you upon registration.

The seller is obliged to fulfill the accepted order within the deadline specified in Art. 4.1 of these GTC, in accordance with the agreement of the contracting parties and these GTC.

2.11 The order may be revoked by the Buyer by e-mail to the Seller if the revocation is made to the Seller before the Seller submits a confirmation of receipt of the order (acceptance of the order) in accordance with these GTC. The order will be automatically canceled after expiration of the deadline for acceptance of the order by the Seller. The order will be canceled in other cases under these GTC.

2.12 Change of the order / conditions: If the Seller can not fully accept the order of the Buyer (e.g. 1 of 4 items is not available) or if he proposes a change or amendment of delivery conditions for other reasons, the Buyer will be notified by an e-mail or otherwise informed. At the same time the Buyer will be asked to express his consent, or disagreement with the change. The Buyer is obliged to express his consent, or disagreement within 2 days from the date of notification of the proposed change. During this time, items from the order of the Buyer are reserved for the Buyer. With the acceptance of the Selle´s proposed contract change by the Buyer, a contractual relationship between the parties is concluded. In the event that the Buyer does not agree to a change within the specified period, the Buyer's order shall be deemed to be fully revoked upon the expiration of this period and the Seller's proposed modification will not be accepted by the Buyer.

2.13 The purchase agreement between the Seller and the Buyer is concluded by the acceptance of the Buyer's order by the Seller or by acceptance of the Buyer's proposed change of the order. From the purchase contract, the Seller is obliged to deliver the object of the contract to the Buyer and fulfill the obligations of these GTC. The Buyer is obliged to take over the object of purchase from the closed contract, to pay the agreed price to the Seller and to fulfill the contractual obligations according to these GTC. The Seller will fulfill the accepted order within the period specified in Art. 4.1 of these GTC.

2.14 In special cases and before accepting the acceptance, the Seller reserves the right to demand from the Buyer the provision of other necessary supporting documents, data or the verification of the accuracy of the personal data, e-mail address or telephone number of the Buyer. The Seller is always entitled, depending on the nature of the Buyer's order, to ask the Buyer for additional authorization of the Buyer's order or identity, for example in writing, by e-mail, text message or telephone. If the Buyer does not provide the seller an additional authorization in the required manner and in the period requested by the Seller, the order (before acceptance) or the purchase contract (after acceptance) will be canceled from the beginning.

2.15 If the Seller recognizes before or after the conclusion of a contract, printing, system, human, supply or other mistake with respect to the goods, their price, availability, quantity or possibility of delivery, as well as sellout, unavailability of goods or if the Seller is unable to deliver the goods to the Buyer within the agreed time limit, or at the price in the online shop or for reasons of force majeure, he will inform the Buyer about this fact. The Seller and the Buyer are authorized in each of these special cases before the conclusion of the contract to revoke / cancel the contract (Buyer), or reject (the Seller). If there is such an exceptional case after conclusion of the contract, the Seller is entitled to withdraw from the contract until the time of delivery to the Buyer. In this case, the Buyer is also entitled under the exceptional circumstances reported to withdraw from the contract in accordance with these GTC and legal provisions. If the Buyer has already paid the price, it will be returned to him in accordance with the legal requirements and GTC. The Seller is entitled unilaterally to withdraw from the contract and / or not to deliver the goods to the Buyer, if it is determined that incorrect, incomplete or untrue information about the Buyer has been provided or made available in the communication, or if there is a risk that the behavior of the person with whom the Seller communicated may cause harm to the Seller (e.g. fraudulent practices).

2.16 The Buyer and the Seller are not entitled to assign the claim from mutual relations to third parties.

2.17 Before submitting the order, the Buyer is authorized, on the basis of the conclusion of the contract, to identify and correct technical errors, to carry out the procedures and to use the technical means described in Art. 2 and 3 of these GTC.


 
3. Purchase price and payment terms


3.1 The Buyer is obliged to pay the Seller for the goods the purchase price and the shipping price according to the order accepted by the Seller (concluded contract). When ordering, these items are also listed as a summary (sum of the price of the goods and the transport). The price of goods on the portal will be quoted net of VAT, unless it is stated that the price is inclusive of VAT. The delivery of goods and services is subject to VAT according to applicable laws.

3.2 The purchase price of the goods does not include any bank charges for the payment of the purchase price, the freight costs, the costs of delivery, the delivery costs of the purchased goods according to Art. 4 of the GTC, the costs for the use of electronic means of communication. These fees and costs shall be borne by the Buyer, unless otherwise stated. In the case of payments from abroad, the Buyer as payer is obliged to bear the bank charges and other fees, in particular those of the correspondent banks and beneficiary banks.

3.3 The price may change due to an evident typographical error or other error regarding the price of goods found in the Seller's system or published on the merchandise purchasing portal. The Buyer and the Seller are entitled to cancel the order respectively to withdraw from the purchase contract (until the goods have been taken over) if the Buyer has been notified about the change in the purchase price of an item due to an evident typographical error or any other error regarding the price of the goods.

3.4 The payment method of the purchase, and the shipping costs for the goods (the payment method is chosen by the Buyer when ordering the goods on the shopping portal and is included in the order in the cost calculation):
- Cash, or by  a credit card upon receipt of goods at the registered office of the company  - Purchase costs and freight costs are displayed in the order process in the shopping cart.
- Transfer to the Seller´s account at the time of ordering - the purchase price and the transport costs of the goods are displayed when ordering the goods in the shopping cart. In case of an issue of pro-forma invoice, the order will be shipped to the Buyer as soon as possible, once the amount has been credited to the Seller's account,. If a tax document is issued, the Buyer will receive the order as soon as possible and the maturity of the invoice will be based on its due date.
- PayPal - Payment using PayPal services. The buyer will be redirected to the payment gateway.
- Trust Pay - Payment by Trust Pay. Immediate online payment via internet banking. The Buyer will be redirected to the payment gateway.
- Trust Card - Payment by Trust Pay. Immediate online payment by credit card. The Buyer will be redirected to the payment gateway.

For the payment, the order number of the Buyer is required as a variable symbol. The wrong variable payment symbol of the Buyer leads to a wrong purchase price and the Buyer bears all the associated risks, and the Buyer is in default of payment.

3.5 Purchase price Payment: If the cash payment or the transfer to the Seller´s account is chosen: the Buyer is obliged to pay the Seller the purchase price at the latest 5 days after conclusion of the contract and before taking over the goods on the basis of Art. 3. GTC, otherwise the order will be canceled; the Buyer is entitled to pay the Seller as soon as the order is placed and sent, whereby the payment is considered as an advance payment on the purchase price and the delivery costs of the goods. However, the Buyer is advised to transfer the payment only after acceptance of the contract by the Seller (contract conclusion), in case of a cash payment of the delivery by cash on delivery: the Buyer is obliged to pay the purchase price and the transport costs at the latest on delivery to the Buyer.

Price for advance payment (credit card, bank transfer on account):
FREE OF CHARGE

3.6 Bank fees for the Buyer´s payment of purchase price and delivery costs are subject to the contract between the Buyer and the bank of the Buyer. The Buyer is advised that information on the delivery costs during the ordering process are clearly stated and depend on the choice of carrier / delivery service / shipping method. The cost of using electronic communications is governed by a contract between the Buyer and his Internet service provider or his electronic communications service provider.

3.7 The Seller prepares and delivers the invoice to the Buyer in accordance with the applicable laws of the Slovak Republic. By submitting an order, the Buyer agrees that the invoice might be sent together with the goods or made available electronically to the Buyer. The invoice might be shipped with the goods. The withdrawal from the contract is governed in accordance with law, or GTC. If the purchase price was paid before the conclusion of the contract and the contract is not concluded within 15 days from the  delivery of the Buyer's order, the purchase price will be paid to the Buyer no later than 30 days after delivery of the Buyer's order or within 15 days from the rejection date or the cancellation of the order, according to the date that occurs earlier. The repayment of the purchase price will be made to the account from which the payment was received, or otherwise agreed between the contracting parties. Before returning the price paid and in case of doubts, is the Seller entiteled to request a prove from the Buyer that he is the account holder and / or has the right to receive the financial amount. If the Seller is obliged to return the purchase price to the Buyer and the goods have already been delivered to the Buyer, the Seller will return the purchase price to the Buyer after he has returned the goods to the Seller.


 
4.Delivery of the goods, delivery conditions and delivery costs


4.1 The method of goods delivery is chosen by the buyer in the e-shop, in the process of ordering goods from the options offered by the seller.

4.2 In certain cases, the seller is entitled to change the method of transport of goods to another mode of transport before accepting the order. In this case, the buyer will be informed of this fact in writing, he will be proposed a change in the order, the terms of the contract under Art. 2 of the GTC and will be informed about the change of transport costs. A change in shipping costs due to a change in shipping method will not be to the detriment of the buyer.

4.3 In the case of the method of delivery according to the clause "EXW - Ex Works" of the international terms and conditions - Incoterms, the shipment of the goods is provided by the seller at the expense of the buyer. The buyer will arrange for the goods to be picked up and transported at his own risk.

4.4 In other cases, the seller will deliver the goods to the buyer, within 15 working days from the day when the contract was concluded between the seller and the buyer according to these GTC, unless they agree otherwise. The Seller delivers the goods to the Buyer to the address specified by him when placing the order (with the exceptions specified in paragraph 1.5) and only to the person who is listed as the Buyer. Delivery of goods to a person other than the buyer is not possible without prior written consent to the seller and without documents required by the seller. For this reason, it is necessary for the buyer to state correctly his identification data and data for the delivery of goods when ordering the goods. Delivery of goods outside the territory of the EU or another person without the right to receive the goods is not possible. The deliverer of the goods is entitled to find out and verify the identity of receiver by appropriate means whether this person is the buyer and entitled to take over the goods. If the circumstances demand it, the seller and the buyer can agree on an extension of the delivery period, or on a replacement performance of the same quality and price. The transport is the responsibility of a third party - a company providing postal and courier services.

4.5 The buyer is obliged to properly take over the goods from the carrier / deliverer to the extent of the order accepted by the seller. The buyer acquires ownership of the goods only after paying the purchase price of the goods, the price of transport and taking over the goods.

4.6 The seller, transport company or delivery service is entitled to notify the delivery of the goods to the buyer by e-mail, text message or by other suitable form (e.g. by telephone). The Buyer acknowledges that the Seller will provide this information to the Buyer's shipping / forwarding company or courier. The buyer is obliged to be available at the address specified by him at the time of the announced delivery of goods.

4.7 The buyer is obliged to prove his identity to the carrier without being asked by means of valid identity documents (ID card or passport) upon receipt of the goods. From these documents, the identity of the buyer must be clear, in the case of ordering alcoholic beverages also the age, as well as the right to take over the goods. Otherwise, the goods do not have to be handed over by the seller / carrier.

4.8 If the buyer unjustifiably refuses or repeatedly unjustifiably refuses to take over the goods, the seller is entitled to claim all the costs incurred in this regard against him.

4.9 The seller is entitled to unilaterally and at its own discretion to determine internally the value of the order, for which the buyer no longer pays the price of goods transportation. The fact of payment or non-payment of the transport price by the buyer will be displayed in the order on the website www.gastrofactory.eu.

4.10 Upon receipt of the goods, the buyer is obliged to check the shipment, whether the package of the shipment was not damaged and whether the shipment was delivered completely, especially the number of packages / shipments. In the event of any obvious defects found in regards with the transport and the goods, the buyer is advised to immediately notify the carrier and the seller by e-mail or other appropriate means. In the case of later reported defects and damage, resp. complaints about the quantity and quality of goods delivered, which can be ascertained upon receipt of the goods, it is presumed that the goods were delivered properly, unless it is proven to the contrary.

4.11 Damage to the goods will be reported by the buyer to the seller by e-mail: info@gastrofactory.eu. Additional reports of mechanical damage detectable upon receipt of the goods cannot be taken into account and will not be accepted.

4.12 The seller will immediately inform the buyer about the impossibility of delivery of the goods, as well as in cases of force majeure or about reasons for which the seller or carrier / deliverer is not responsible. In this case, the seller will offer or provide a substitute performance and proceed in accordance with the GTC and legal regulations.

4.13 Personal collection of goods at the Sola store is possible. The ordered goods must be picked up within 5 working days at the latest. Delivery of goods to exhibitions and sales events in which Sola participates is not possible. The buyer is obliged to report obvious defects in the goods immediately.


 
5. Return of the goods - withdrawal from the contract


5.1 The Buyer has the right to withdraw from the contract for the reasons stated in these GTC. In applying the right of withdrawal, the Buyer informs the Seller of his decision to withdraw from this contract with a clear statement (e.g. sent by post) to address Sola Switzerland EU s.r.o., Novozámocká 1065, 951 12 Ivanka pri Nitre, Slovakia. Upon termination, the Seller shall reimburse the Buyer all payments that the Seller is obliged to return in accordance with the law. This does not apply to additional costs if the Buyer chooses a other delivery method, as the cheapest delivery method offered by the Seller. The payments must be sent to the Buyer immediately, no later than 14 days after receipt of the Buyer's resignation. Payment will be made in the same manner as used by the Buyer for the original payment (unless expressly agreed otherwise, without additional charges). The payment for the purchased goods will be paid to the Buyer only after the returned goods have been returned to the Seller's address or upon presentation of the document proving the return of the goods, according to whichever is earlier. The goods must be returned to Sola Switzerland EU s.r.o., Novozámocká 1065, 951 12 Ivanka pri Nitre, Slovak Republic, no later than 14 days from the date of exercising the right of withdrawal. The deadline is met if the goods are returned before the 14-day deadline. The costs of the return shall be borne by the Buyer, in the case of a distance contract also the return costs of goods, which can not be returned by post due to their nature. The Buyer is liable for any impairment of the goods resulting from a treatment other than that required to test the nature, characteristics and functioning of the goods. The Buyer can not withdraw from the contract in the cases of the § 7 exp. 6 of the law no. 102/2014 Collection of laws and loses the right to withdraw from the contract, if the goods are damaged, destroyed or beyond that for the determination of the characteristics and the functionality of the Goods required treatment is used. The goods must be returned undamaged, unused and without any signs of use. The Seller will inspect and check the returned goods. If the goods are returned undamaged and unused by the Buyer, the Seller shall return the purchase price to the Buyer in accordance with the GTC and laws. Under this agreement, the purchase price will be refunded by bank transfer to the original Buyer's account unless the parties have agreed otherwise.

5.2 When returning damaged, worn or used goods or goods without accompanying documents and accessories, the Seller is entitled to claim for damages or other legal claims that he is entitled to from offset against the claim for reimbursement of the purchase price.

5.3 Upon an agreement between the Seller and the Buyer and according to these GTC, the Buyer is not entitled to withdraw from the contract for one of the following reasons: a) sale of goods in protective packaging that is not fit to return for health or hygiene reasons and with protective packaging that has been tampered after delivery. (b) the sale of goods which by their nature may be inseparably mixed with other goods after delivery.

5.4 In the event of a breach of the conditions of rescission or the proper return of the goods, the Seller is entitled to demand compensation for damages from the Buyer which has arisen according to the relevant laws.


 
6. Data protection


The company Sola Switzerland EU s.r.o., with registered office in Novozámocká 1065, 951 12 Ivanka pri Nitre, IdNr: 46 232 184, Tax ID: 2023288905, VAT ID: SK2023288905, registered in the Commercial Register of the District Court of Nitra, Section: Sro, deposit č .: 29318 / N, ( "Webpage Operator", "Sola" or "Operator") is aware of the great responsibility for the processing of your personal information, and the following Privacy Policy is intended to give you an overview of what happens to the data and what protection a website operator provides.

6.1 Subject Data protection

You can optionally create a customer account for your purchase. This customer account contains personal information such as name, address or e-mail address. The data is stored in our database for later processing during login. This declaration applies to the data that the Buyer has entered or made available for mutual communication on the portal www.gastrofactory.eu and informs about the handling of personal data.

6.2 Personal data and their application

The data will be stored in our database for later processing. In addition, we automatically save data in the log files that we receive during a visit from the browser (browser, Chrome, Firefox, Safari, etc.). This means that the IP address is known and a cookie is created on the computer. This cookie ensures that your order can be processed correctly. Above all, you can save your interests to offer you the products that are most interesting to you, without having to express your interest repeatedly.

6.3 Data protection

To ensure the privacy, the customer account is protected by a password that does not allow access to the account of a stranger. We use HTTPS to be protected from outside access to establish a secure connection.

6.4 Cookies

This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). The service Google Analytics uses so-called "cookie", text files that are stored on your computer and that allow an analysis of the use of your website. This file has a lifetime of 26 months. The information generated by the cookie about the use of this website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating the use of the website, compiling reports on website activity for website operators and providing other services related to website activity and internet usage. The company Google may transfer this information to third parties if required by law or if third parties process this data on behalf of Google. The company Google will in no case connect your IP address with other data from Google. You can prevent the installation of cookies by setting up the appropriate browser software, however, be aware that if you do this you may not be able to use the full functionality of this webpage.

Data collection and storage can be claimed at any time with future effect. In light of the discussion about using full-IP addresses, we would like to point out that this webpage uses Google Analytics with "anonymizeIp ()" and therefore, IP addresses are further truncated to exclude a direct personal relationship. In addition, you can prevent cookie data from being logged and associated with your use of the website (including the IP address) by Google by downloading and installing an Internet browser plug-in, which is available at: : //tools.google.com/dlpage/gaoptout? ...). Without your explicit consent, none of these tools will be used to collect personal information or to share personal information with third parties or marketing platforms resp. to associate data with your personal information.

Cookies are used for the following purposes:
a) the proper functioning of the webpage and the simplification of the order (e.g. order placement, customer identification);
b) advertising and marketing measures;
c) Generating statistics on webpage traffic and gathering information about the use of the webpage to improve its structure and content.

All cookies used by our webpage may be temporary or persistant. Temporary cookies are removed by closing the user's page browser, however the persistent cookies are retained even after the use of the webpage and are used to store information that facilitates and accelerates the subsequent access to the webpage and the use of our services. The use of the services of our website without changing the cookie settings in the Internet browser is an expression of consent to their storage in the webpage user's end-device.

The use of cookies can blocked at any time and persistent cookies deleted by using the corresponding settings in the Internet browser. Detailed information about cookie options and methods can usually be found in the Help menu of the Internet browser menu. Blocking or restricting the use of cookies may cause some applications available on our webpage to be improperly used.

6.5 Information obligation in connection with data subjects

The company SOLA Switzerland EU s.r.o. (identification and contact data in article 1.1 GTC) processes the personal data of the webpage visitors, customers and subscribers of newsletter ("data subjects") according to the Regulation (2016/679) of the European Parliament and of the Council (" GDPR ") as well as other applicable data protection laws, which change the GDPR Regulation, as                    " Operator ". Personal data may be processed on behalf of the operator under the same stringent conditions under the same strict conditions by the "Processor" (legal or natural person - entrepreneurs who provide computer services, services related to data processing and advertisement and marketing services). Except Operator and the specified Processors, recipients of personal data may be providers of delivery and postal services.

Purpose of the processing of personal data:
identifying the Buyer as a contracting party in order to execute the contract on a purchasing portal; allow the creation of a customer account; proper delivery of documents and goods, realisation and implementation of pre-contractual relationships; identification of the Buyer for the purpose of carrying out contract modification or contract termination negotiations; response to requests, comments or information from the concluded contract; records of contracts, invoices and other related documents; processing of accounting documents for tax purposes; IT support for the management of personal data bases and orders for the collection and processing of statistical information about customers; all on the legal basis of the performance of the contract in which you - the customer are the data subject,
sending a newsletter about our products, services and promos to visitors to the webpage on the legal basis of consent to you as the data subject or on the legal basis of the legitimate interest of the Operator to the customers of our company ("direct marketing")
the fulfillment of legal obligations and generally binding legal provisions of the Slovak Republic, in particular of the VAT Act, on the legal basis - the legal obligation
a quality assessment of services provided by Sola (Heureka Portal) on a legal basis - the legitimate interest of the Operator.

We need your name, surname, address, e-mail address, telephone number, date of birth or year of birth to complete your order and execute the contract properly. For legal persons, these are the company name, the address of the registered office, including postal code, the ID company number, Tax identification number, VAT identification number, telephone number and e-mail address. Without the specification of this data, it is not possible to make a purchase, to deliver the goods or to issue or deliver a proof of purchase. To subscribe to the newsletter, we only process your e-mail address and date of birth. Your e-mail address also serves as a means of communication for your orders. We only process your personal data for the duration of the purpose for which we received your personal data and for the time required for archiving under applicable law, in case of the processing of data on basis of legitimate interest, until your processing has been objected, and and if your data is obtained on the basis of consent until it has been rejected. The Operator of the portal Heureka.sk stores the e-mail addresses, during the period in which our company is included in the program "Overené zákazníkmi", or during the period in which the customer's commitment to business communications to our company or directly to the Heureka portal Operator, has been rejected, facilitated in every single questionnaire and also before completion of each order.

The company Sola uses applications as Mailchimp, Google Analytics and Google AdWords with the registered ofice in a third country - the United States. The Operators of these applications through the access to the Privacy Shield ("EU-US Privacy Shield") ensure adequate security and security of personal data and that personal data is processed in accordance with the GDPR principles.

As the data subject, you have the right at any time to revoke your consent to the processing of your data with effect for the future and your personal data will subsequently be deleted. You have the right to be provided with free of charge information about the processing of your stored data. You also have (i) the right to access your personal data, (ii) the right to correct false personal data, and (iii) the right to restrict (block) the processing of personal data, (iv) right to object to the processing of your personal data, (v) the right to erase personal data, in particular if it is no longer required for the purposes for which it was obtained or otherwise processed, or if you have revoked your consent to processing and no other legal basis for the processing exists or if personal data has been processed unlawfully.

You also have the right to data portability i.e. you have the right to receive your personal data, which you have voluntarily provided in electronic form, with your consent in a structured, commonly used and machine-readable format, and you may request the right to transfer this data to the other Operator if technically possible. As the data subject, you have the right to file a complaint with the supervisory authority, the Personal Data Protection Authority of the Slovak Republic, located in Hraničná 12, 820 07 Bratislava, Slovakia, if you suspect that the processing of your personal data has been contrary to valid legislation.

In connection with the rights mentioned above, you can contact us by e-mail at info@gastrofactory.eu or by postal mail at SOLA Switzerland EU s.r.o., Novozámocká 1065, 951 12 Ivanka pri Nitre, Slovak Republic.

6.6 Changes to this Data Protection Statement

The operator of the webpage reserves the right to change this Data protection Statement. If we change this Data protection Statement, we will publish the revised version with the updated date.

If you have questions about this Data protection Statement, you can contact us at info@gastrofactory.eu and enter the " Data protection Statement " in the subject line of the e-mail.


 
7. Final provisions


7.1 The Seller is entitled to keep and archive the reciprocal documentation and the contract in electronic form together with the respective general terms and conditions for a period of 5 years. The archived contract is not available to the Buyer. The Slovak language is offered for contract conclusion. The Buyer is entitled to reproduce the essential requirements of the contract in electronic form in accordance with the law. The contract is concluded for the duration of the fulfillment of the contractual obligations of the parties, resp. for the period up to the date of termination in accordance with the contract, the GTC and the legal provisions. The minimum duration of the contractual obligations of the Buyer is governed by the laws of the Slovak Republic, the GTC and the contract.

7.2 For the delivery of electronic messages to the Buyer, if the Seller does not receive an error message about the impossibility of delivering the message (e-mail or SMS) to the specified e-mail address, resp. Telephone number of the Buyer (mobile phone), this message (e-mail or SMS) is deemed to be delivered the next day after the sending unless otherwise provided by mandatory legal provisions. To deliver electronic messages to the Seller (e-mail), the electronic document will be deemed undelivered until acknowledgment of receipt is confirmed by the Seller through a feedback message. The consignment is deemed to have been delivered even if the consignee refuses to accept it or if the consignee does not accept it through its own negligence or omission. In such a case, the consignment is deemed delivered after the end of the storage period for mail in duration as determined by the sender and the return of the consignment to the sender, which the sender shall prove with undamaged evidence. Messages sent by courier service (DHL Parcel Slovensko s.r.o.) are deemed to be delivered at the moment of acceptance by the contracting party. In the event of a courier service delivery failure, delivery shall be deemed the third day following the first delivery attempt, and the delivery attempt will be confirmed by a statement from the courier service. It is the sole authority of the Seller to decide in what form and in which case will it be communicated with the Buyer (SMS, e-mail or other appropriate means).

7.3 If it turns out that one of the provisions of the GTC and / or the contract is invalid or ineffective, this invalidity or ineffectiveness does not lead to the invalidity or ineffectiveness of other provisions of the contract / the GTC. In such cases, the parties to the contract undertake to immediately replace these invalid or ineffective provisions with new ones in order to fulfill the purpose of the relevant invalid or ineffective provision at the time of acceptance, resp. the conclusion of this agreement.

7.4 The supervisory authority of the Slovak Trade Inspection based in Nitra for the Nitra region, Staničná 9, 950 50 Nitra 1, is authorized to inspect the activities of the Seller.

7.5 The applicable substantive and procedural law is the law of the Slovak Republic. All disputes arising out of or in connection with the GTC, including disputes arising from the delivery of goods, shall be handled and settled exclusively by the courts of the Slovak Republic under the law of the Slovak Republic.

7.6 The terms and conditions are valid and binding from the date of their publication on the Seller's webpage and can also be viewed at the Seller's registered office. The Seller reserves the right, in its sole discretion, to terminate, amend, modify or replace with new GTC applicable at the time of the conclusion of the purchase contract.

7.7 The terms and conditions contained in this text are published and valid from 15-th of October 2020 and apply to orders delivered after this date via the purchasing portal.