General business conditions

Article I.

Basic provision

These general terms and conditions are in accordance with the provisions of Act No. 40/1964 Coll. The Civil Code as amended (hereinafter referred to as the “Civil Code”), Act no. 108/2024 Coll. on consumer protection and on amendments to certain laws (hereinafter referred to as the “Consumer Protection Act”).

Trade name: FEX s.r.o.
Legal form: Limited liability company
Punch: Oravská Jasenica 137, 029 64 Oravská Jasenica
ID number: 48 340 812
TIN: 2120140528
Registered in: commercial register of the District Court of Žilina, department Ltd., company no. 64418 /L
Represented by: Juraj Feranec, manager

(hereinafter referred to as “dealer” or also as “contractor“)

Contact details:

Telephone number: +421 919 075 005

E-mail: obchod@fexinterier.sk

Address where the customer can make a claim, file a complaint or other initiative:

FEX s.r.o.

Oravská Jasenica 137, 029 64 Oravská Jasenica

These General Terms and Conditions (hereinafter referred to as “GTC”) regulate the rights and obligations between the contracting parties when concluding contracts for work. A work is understood as a design proposal created according to the requirements and needs of the customer and its subsequent implementation into a specific form that meets the agreed criteria (hereinafter referred to as the “work”). All parties to the contract are obliged to comply with these GTC, unless otherwise agreed in writing in the contract itself.
The General Terms and Conditions regulate the rights and obligations of the contracting parties resulting from the purchase contract concluded between the contractor and the customer, the subject of which is the purchase and sale of goods, services or the ordering of a work (hereinafter referred to as the “contract”) on the website of the seller’s electronic store, which is located on the website – www. fexinterier.sk (hereinafter referred to as the “website”).
The subject of the contract can be a design proposal that takes into account the requirements and needs of the customer, and its subsequent implementation in a specific form that meets the agreed criteria.
The provisions of the GTC are an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
The customer is a natural or legal person who orders the execution of work from the contractor (hereinafter referred to as the “customer”).
These GTC and the purchase contract are concluded in the Slovak language.

Article II.

Price offer, order and conclusion of the contract

The price offers of the contractor, made before the conclusion of the contract for the work (information presented in advertising materials or submitted orally) are fundamentally non-binding, unless they are included in the contract for the work, or in the order confirmed by the contractor.

The customer bears full responsibility for the truthfulness of the data that he provided in the order.

The person who signed the order confirms with his signature that he is authorized to act on behalf of the customer by virtue of his functional or job classification at the customer, or on the basis of a power of attorney by a person authorized to act on behalf of the customer.

In the event that the work is performed at the customer’s place, on his property or on real property in relation to which the customer has a lease or other right of use, the customer, by sending the order to the contractor, declares that he has an ownership, lease or other right of use to the place of construction of the work, and that the construction of the work there are no legal or factual obstacles at the place of creation of the work.

The order is considered accepted and legally binding at the moment of confirmation by the contractor. This moment is considered the moment of validity and effectiveness of the work contract.

Side agreements of the contracting parties are also valid and effective only if they are confirmed by the contractor.

Article III.

Invoicing and payment terms

The invoicing of the price for the work is generally carried out according to the prices agreed between the contracting parties.
Based on the conclusion of the contract in accordance with Art. II, point 4 of these GTC, the contractor issues an advance invoice to the customer, the subject of which is an advance in the amount of 100% of the price for the work. The customer is obliged to pay the contractor an advance on the price for the work in the amount of 100% of the price for the work, by the due date according to the advance invoice. In case of non-fulfillment of this obligation by the customer, the contractor is entitled to withdraw from the contract.
VAT is stated in the invoice in the legal amount, valid on the day the invoice is issued.
Deduction of the discount is carried out exclusively on the basis of the agreement of the contracting parties.
Design only order, if the customer only orders a design proposal and does not require its implementation, he pays for the services provided in connection with the design in accordance with the price offer.
Design order and its implementation, if the customer orders a design proposal and its subsequent implementation, he pays for the services provided in connection with the design and its implementation in accordance with the price offer.
If the invoice is not paid within the due date, the customer is in default. In such a case, the contractor is entitled to claim interest from the customer on delay in the amount of 0.05% of the unpaid amount for each day of delay.

Article IV.

Execution of the work

A prerequisite for the execution of assembly and decoration work by the contractor is the readiness of the construction site, or interior of the customer and provision of electrical supply. current with a voltage of 230 V in order to connect the relevant equipment (e.g. drill, vacuum cleaner, etc.).
Any additional and unforeseeable work (especially modifications connected with assembly, etc.) are not included in the contractor’s price offer, while the contractor will additionally bill the customer.
The customer is obliged to notify the contractor in advance of the location of the distribution networks in the walls on which the installation will take place and to inform him of other important circumstances connected with the construction of the work.
When delivering goods made of natural materials such as linen, cotton, wool, viscose, wood, marble, etc., deviations in color, structure and texture from sample books or catalogs are permissible.
When delivering goods made of natural materials such as linen, cotton, wool, viscose, wood, marble, etc., deviations in size of +/- 5% are permissible, unless another permissible deviation in size is indicated by the manufacturer of goods made of these materials. In particular, linen, cotton and viscose fabrics are very sensitive to moisture, washing and ironing, which can significantly affect their dimensions.
When ordering curtains, the customer is obliged to notify specific requirements for curtains, their design, pleating, suspension height, hanging height above the ground, etc. Otherwise, the standard version will be delivered and additional modification requirements will be additionally billed to the customer by the contractor.
When ordering wallpapers, wallpaper waste up to the size of max. 1 roll. When wallpapering, the contractor does not guarantee the production of invisible wallpaper joints, as the final performance of wallpaper joints is influenced by several factors (e.g. wall flatness, light conditions, etc.).
The contractor recommends that the date of installation and decoration of curtains, wallpapers and other decorative elements in the interior be agreed upon last during the construction of the interior, in order to avoid soiling, damage, or impairment by other contractors (e.g. carpentry work, other assembly work).
During the construction of the work by the contractor, the customer undertakes to ensure cooperation with other contractors so that there is no limitation of the work performed by the contractor, or to downtimes that would result in an increase in the price for the work.
The approximate time required for the completion of the work (assembly, decoration and other interior work) will be notified in advance by the contractor to the customer, however, it may be exceeded due to the progress of the work, unexpected circumstances or hidden defects.
After completion of assembly and decorative work on the work, the contractor will ensure normal cleaning of the place where the work was made. In the case of a request for professional cleaning of the work site (thorough vacuuming, window washing, etc.), the customer is obliged to inform the contractor of this fact in advance.

Article V.

Handing over and taking over the work

After the work has been completed by the contractor, the customer is obliged to participate in the handover, or taking over the work. If the customer does not participate in the handover, or taking over the work personally, he is obliged to appoint another person to act as his representative.
About handing over, or after taking over the work, a handover protocol will be drawn up between the contractor and the customer, in which defects must be indicated, or shortcomings of the work. Otherwise, the contractor is not responsible for visible defects in the work.

Article VI.

Ownership of the work and risk of damage to the work

If the contractor carries out the work at the customer’s premises, on his real estate or on real estate in relation to which the customer has a lease or other usufructuary right, the customer bears the risk of damage to the work, or on the manufactured item, with the exception of fault on the part of the contractor.

In cases not mentioned in point 1 of this article, the risk of damage to the work passes to the customer at the moment of taking over the work from the contractor in accordance with art. In these GTC. If the customer does not do so in time, the risk of damage to the work passes to the customer at the time when the contractor allows him to handle the work and the customer violates the contract by not accepting the work.
Ownership of the work is transferred to the customer only at the moment of full payment of the price for the work (the so-called reservation of ownership).

Article VII.

Rights and obligations of the customer

The contractor undertakes to perform the work properly and on time, especially in the agreed quantity, quality and quality.
The work has defects if the execution of the work does not correspond to the result specified in the contract.
The contractor is responsible for defects in the work at the time of its handover to the customer; however, if the risk of damage to the manufactured item passes to the customer later, the time of this transfer is decisive.
The contractor is responsible for defects in the work covered by the quality guarantee to the extent of this guarantee.
The contractor is responsible for defects in the work that occurred after the time specified in points 2 and 3 of this article, if they were caused by a breach of his obligations.
The contractor will not accept the customer’s right from defects in the work, if the customer does not notify the contractor of the defects in the work in the form of a written complaint, demonstrably delivered to the contractor in person or by mail:
1. without undue delay after discovering them,
2. without undue delay after he should have discovered them when exercising professional care during the inspection of the delivered work,
3. without undue delay after they could have been discovered later by exercising professional care, but no later than two years after the handing over of the work. For defects covered by the warranty, the warranty period applies instead of this period.
The warranty period relating to the work begins with the delivery of the work.

Article VIII.

POINTING OUT THE DEFECT OF THE WORK

The merchant in accordance with § 5 par. 1 letter f) to h) of the Act on Consumer Protection properly informs the customer (hereinafter referred to as “customer” or “buyer”) about the conditions and method of exercising rights from liability for defects in the work (hereinafter referred to as “complaint”), including information on where he can file a complaint apply and about the performance of warranty repairs.

Upon conclusion of the contract for the work, this Complaints Policy becomes part of the contractual documentation between the customer and the merchant. This complaint procedure does not apply to a legal relationship established by ordering a work from a merchant in the event that the customer is an entrepreneur (Section 2 paragraph 2 of the Commercial Code). Such a legal relationship is governed by the relevant provisions of the Commercial Code. Unless otherwise stated in the warranty letter, the warranty period is 12 months from the delivery of the work.
Liability for defects and the application of a claim: The merchant is responsible for defects that the work has when it is handed over to the buyer. In the case of a part made at a lower price, he is not responsible for a defect for which a lower price was negotiated.

The buyer can exercise rights from liability for defects if he points out the defect within two months of its detection, but no later than two years after the delivery of the work. The buyer is obliged to stop using the work after detecting a defect, so that it is possible to assess the origin of the defect and ensure its removal, if possible.

Method of making a complaint: The customer can make a complaint in writing via mail to the address of the company’s registered office, or electronically to an e-mail address obchod@fexinterier.sk.

When exercising rights from liability for defects, the customer is obliged to fill out a complaint form and deliver it together with the proof of purchase of the work.

The complaint procedure begins on the day of delivery of the completed form or letter with a description of the defect and the required data.

Complaint processing: The merchant is obliged to accept the complaint in operation and provide the customer with a written confirmation of the defect. The merchant shall specify a deadline for the removal of the defect, which may not be longer than 30 days from the point of the defect, unless a longer period is justified by objective reasons beyond the merchant’s control.

If the merchant refuses responsibility for defects, he will notify the customer in writing of the reasons for the refusal. In the event that the buyer proves the trader’s responsibility for the defect with an expert opinion, he can point out the defect repeatedly, while the trader cannot refuse responsibility for the defect.

Claims and Warranty: Complaints will be dealt with individually and in accordance with the applicable legal order. The customer is obliged to inspect the work and identify possible defects and damages immediately after receiving it. He is obliged to report these defects to the merchant without undue delay.

The legal warranty period for work is 24 months, unless otherwise stated.

During the warranty period, the buyer has the right to claim responsibility from the seller for defects in the goods purchased from the seller, for which the manufacturer, supplier or seller is responsible.

The warranty does not cover:

defects caused by wear and tear during normal use,
defects caused by improper use,
defects caused by incorrect (unprofessional) assembly,
defects caused by improper storage.

Article IX.

Processing and use of data

The customer grants the contractor consent to the collection of data that he has notified or will notify the contractor in connection with the contract, or order, even if the contract is not concluded.
The customer agrees to the processing of data in the contractor’s information system, to their storage for the entire duration of the contractual relationship and for the time necessary to protect the contractor’s rights after the end of the contractual relationship.

Article X.

Protection of personal data

The contracting parties have agreed that customer for the purpose of proper processing and delivery of the order, if he is a natural person, he is obliged to inform the seller of his name and surname, address of permanent residence including zip code, telephone number and e-mail address in the order.
The contracting parties have agreed that ordering for the purpose of proper processing and delivery of the order, if he is a legal entity, he is obliged to notify the seller in the order of his business name, registered office address, including zip code, social security number, VAT number (if assigned), telephone number and e-mail address.
The contractor hereby announces to the customer, that in terms of Art. 6 paragraph 1 letter b) Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation), ( hereinafter referred to as the “Regulation”), the seller, as an information system operator, will process personal data in the process of concluding a purchase contract the ordering party without his consent as the person concerned, since the processing of the customer’s personal data will be carried out by the contractor within the framework of pre-contractual relations with the customer and the processing of the customer’s personal data is necessary for the performance of the purchase contract in which the customer appears as one of the contracting parties.
Pursuant to Art. 6 par. 1 letter f) Regulations can be issued by the contractor after delivery of the ordered work, or services to the customer, on the basis of a legitimate interest to process the personal data of the customera also for the purposes of direct marketing and to send to the e-mail address of the customer information about new products, discounts and promotions on the offered goods, or services.
The contractor undertakes to handle and dispose of the customer’s personal data in accordance with the applicable legal regulations of the Slovak Republic.
The contractor declares that in accordance with Art. 5 paragraph 1 letter a) and letter b) of the Regulations, will acquire the customer’s personal data exclusively for the purpose specified in these terms and conditions.
The contractor declares that for purposes other than those stated in these terms and conditions he will always obtain the customer’s personal data separately on an adequate legal basis and at the same time ensure that these personal data will be processed and used exclusively in a manner that corresponds to the purpose for which they were collected and will not associate them with personal data that was obtained for another purpose or for the purpose of fulfilling the purchase contract.
Before sending the order, the customer will be asked to confirm by ticking the box before sending the order that the seller has notified him in a sufficient, comprehensible and unmistakable way:

your identification data, which are listed in Art. 1. of these terms and conditions proving the identity of the seller,
contact details of the seller, or responsible person of the seller,
the purpose of processing personal data, which is the conclusion of a purchase contract between the contractor and the customer and the legal basis for processing personal data,
that the ordering party is obliged to provide the required personal data for the purpose of concluding the purchase contract and proper equipment and delivery of the order,
if the processing is based on Art. 6 paragraph 1 letter f) that the legitimate interest pursued by the seller is direct marketing,
identification data of the third party, which is the company that delivers the ordered goods to the customer, or identification data of other recipients or categories of personal data recipients, if any,
the period of storage of personal data, or criteria for its determination,

The seller declares that he will process personal data in accordance with good morals and will act in a way that does not contradict the Regulation or other generally binding legal regulations and will not circumvent them.
In accordance with the Regulation, the seller provides the following information to the customer whose data it processes:

the identity and contact details of the seller and, in relevant cases, of the seller’s representative,
contact details of any responsible person,
the processing purposes for which the personal data are intended, as well as the legal basis of the processing,
if the processing is based on Art. 6 par. 1 letter f), legitimate interests pursued by the seller or a third party,
range of recipients, or categories of recipients of personal data, if they exist,
in the relevant case, information that the seller intends to transfer personal data to a third country or an international organization,
the period of storage of personal data, or criteria for its determination,
information on the existence of the right to request from the seller access to his personal data and the right to their correction or deletion or restriction of processing or the right to object to processing as well as the right to data portability,
the right to file a complaint with the supervisory authority,
information on whether the provision of personal data is a legal or contractual requirement, or a requirement that is necessary to conclude a contract, whether the ordering party is obliged to provide personal data, as well as the possible consequences of not providing such data,
the existence of automated decision-making, including profiling;

The customer has the right to obtain from the seller a copy of the personal data that is being processed and also has the right to obtain all the above-mentioned information. For any additional copies requested by the customer, the seller may charge a fee corresponding to the administrative costs of making a copy.

If the customer exercises his right according to point 11 of this article in writing or electronically and the content of his request shows that he is exercising his right according to point 11 of this article, the request is considered to have been submitted according to this Regulation.
The customer has the right to object to the processing of his personal data by the seller, which he assumes are or will be processed for the purposes of direct marketing, including profiling to the extent that it is related to such direct marketing. If the customer objects to such processing, the seller will stop processing personal data for direct marketing purposes from the date of delivery of such an objection to the seller, and the personal data of the customer concerned may no longer be and will not be processed for such purposes.
If the customer suspects that his personal data is being processed without authorization, he can file a complaint with the Personal Data Protection Office of the Slovak Republic. If the customer does not have full legal capacity, his rights can be exercised by a legal representative.
The seller will take appropriate measures in order to provide the customer with all the information mentioned in point 10.11 in a concise, transparent, comprehensible and easily accessible form, clearly and simply formulated. The seller will provide information electronically or in accordance with the Regulation by other means agreed with the customer.
The seller will provide the customer with information about the measures taken based on the customer’s request without undue delay, in any case within one month from the delivery of the request.
The contractor hereby informs the customer that due to the fulfillment of the concluded contract, when processing the customer’s personal data, it is assumed that the customer’s personal data will be provided and made available to the following third parties, respectively. range of beneficiaries:

Article X.

Withdrawal from the purchase contract

If it is impossible for the contractor to fulfill its obligations arising from the contract, the contractor is obliged to immediately inform the customer about this fact and at the same time is obliged to offer the customer alternative performance or the possibility for the customer withdraw from the purchase contract (cancel the order). In case if customer withdraws from the contract for the reasons stated in this point of these terms and conditions, the contractor is obliged to return to the customer the deposit already paid for the goods agreed in the purchase contract within 14 days from the notification of withdrawal from the contract by transfer to the specified account to the customer.

In accordance with sec. According to the Act on Consumer Protection in Distance Selling, the customer cannot withdraw from the contract, the subject of which are:

sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging,
the provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract,
the sale of goods that occurred after the conclusion of the contract and the receipt of the goods from the contractor to the customer assembled, assembled or used in such a way that it is not possible to return it to its original state by the seller without expending increased effort and increased costs, e.g. folded or assembled furniture, etc.
The provisions of this article of these terms and conditions expressly do not apply to entities that do not meet the definition of a consumer specified in the Consumer Protection Act.

Article XI.

Cancellation of a custom order

If the subject of the order was goods for which it is not possible to withdraw from the concluded contract, the consumer can cancel the order free of charge within 24 hours. from its confirmation, under the condition of reimbursement of the seller’s purposefully incurred costs.

The customer may withdraw from the contract until the work is completed; however, he is obliged to pay the contractor the amount that corresponds to the work already done, unless the seller can use the result in another way, and to compensate him for the costs incurred.

Article XII.

Alternative dispute resolution

The consumer has the right to contact the trader with a request for correction (by e-mail at obchod@fexinterier.sk), if he is not satisfied with the way in which the trader handled his complaint or if he believes that the trader has violated his rights. If the merchant responds negatively to this request or does not respond to it within 30 days of sending it, the consumer has the right to submit a proposal to initiate alternative dispute resolution with the alternative dispute resolution entity (hereinafter referred to as the ARS entity) pursuant to Act 391/2015 Coll. ARS subjects are authorities and authorized legal entities according to §3 of Act 391/2015 Coll. The proposal can be submitted by the consumer in the manner determined according to §12 of Act 391/2015 Coll. The competent entity for the alternative resolution of consumer disputes with FEX s.r.o., IČO 48 340 812, with registered office Oravská Jasenica 137, 029 64 Oravská Jasenica is the Slovak Trade Inspection Žilinský kraj Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1, www.soi. sk or other relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the consumer has the right to choose which of the listed entities of alternative resolution of consumer disputes to turn to.

The consumer can also file a complaint through the RSO alternative dispute resolution platform, which is available online at http:

/ec.europa.eu/consumers/odr/index_en.html.

Alternative dispute resolution can only be used by a consumer – a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a consumer and a trader, arising from or related to a consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ARS entity may demand payment of a fee for starting an alternative dispute resolution from the consumer, up to a maximum of EUR 5 including VAT.

Article XIII.

Final Provisions

These General Terms and Conditions are issued in accordance with the provisions of § 273 par. 1 of the Commercial Code and form an integral part of the work contract between the customer and the contractor, regardless of whether the customer is a natural or legal entity.
The rights and obligations of the contracting parties, which were not specifically agreed between the contracting parties and are not contained in these GTC, are governed by the relevant provisions of Section 536 et seq. Commercial Code.
If any provision of the contract or these GTC becomes invalid or ineffective without the express will of both contracting parties, this does not affect the validity and effectiveness of other contractual arrangements.
These General Terms and Conditions are an integral part of the work contract concluded between the contractor and the customer. The customer with his signature on the order, or the contract confirms that he has familiarized himself with the content of these General Terms and Conditions, understands their content and agrees with their wording.

These terms and conditions are valid from 11/11/2024