General Terms and Conditions
1. General provisions
1.1 These General Terms and Conditions govern the rights and obligations of the Contracting parties arising from the lease agreement (order) concluded between the Lessor, as TABI Corp., s.r.o. registered office at Botanická 5636/24, 917 08 Trnava, Company ID: 44 374 631, registered in the Business Register kept by the Trnava District Court, Section: Ltd., File No .: 22595 / T, VAT ID: 2022694421, (hereinafter referred to as the "Lessor") and the Lessee, the subject of which is the lease of the ProfiQuote system and its additional modules and services on the Lessor’s e-commerce website.
business address: TABI Corp., s.r.o., Ludova 10, 917 01 Trnava, Slovak republic
Slovak Trade Inspection (SOI)
The Inspectorate of the Slovak Trade Inspection with the seat in Trnava for the region of Trnava
Trhova 2, 917 01 Trnava 1, Slovak republic
Department of Technical Product Inspection and Consumer Protection
1.2 The Contracting Parties agree that by sending the order to the Lessor, the Lessee agrees with these General Terms and Conditions and their terms and conditions being applied to all leases, purchase agreements and orders concluded on any e-commerce website operated by the Lessor, on the basis of which the Lessor leases the service presented on the website in question to the Lessee (hereinafter referred to as the "lease agreement") and to all relations between the Lessor and the Lessee, arising in particular from the conclusion of the lease agreement and a service complaint.
1.3 The General Terms and Conditions are an integral part of the lease agreement. If the Lessor and the Lessee enter into a written lease agreement in which they agree on conditions different from the General Terms and Conditions, the provisions of the lease agreement take precedence over the General Terms and Conditions.
1.4 The list of services on any e-commerce website operated by the Lessor is a catalog of commonly supplied services and the Lessor does not guarantee the immediate availability of all of said services. The availability of services will be confirmed to the Lessee upon request.
2. The method of concluding a lease agreement
2.1 The Lease Agreement is concluded by a binding acceptance of the proposal to conclude the lease agreement by the Lessor in the form of an e-mail of the Lessee addressed to the Lessor and/or via the Lessee’s completed form submitted on the Lessor's website and/or in the form of a Lessee’s telephone order (hereinafter referred to as “the order”).
2.2 The binding acceptance of the Lessee's order by the Lessor constitutes an e-mail confirmation of acceptance of the order from the Lessor after prior acceptance of the Lessee's order and verification of the service availability, valid pricing, and service launch date requested by the Lessee, hereinafter referred to as the “order confirmation”. All prices for services and all fees in the online store are listed without VAT. The e-shop, www.profiquote.eu, is intended only for the business community. The automatically generated Notice of acceptance of the order in the electronic system of the Lessor, which the Lessee receives to his e-mail address immediately after sending his order, does not constitute a binding acceptance of the order; this Notice is for informational purposes only, serving as a notification of the Lessee about the delivery of his order. If necessary, all other information regarding his order will be sent to the Lessee’s e-mail address.
2.3 The binding acceptance of the order contains data on the name and specification of the service, the lease of which is the subject of the lease agreement, data on the price of the service and/or other services, data on price, conditions, data on the Lessor (business name, registered office, ID number, registration number in the Business register, etc.), or other data.
2.4 The order cancellation may be delivered to the Lessor by the Lessee via e-mail or phone within 24 hours of the delivery of the order to the Lessor. The Lessee shall state the name, e-mail, and description of the services ordered in the notice of the order cancellation. In case of the order cancellation, the Lessor does not charge the Lessee any fees related to the cancellation of the order. If the Lessee has paid the Lessor the lease price in full or partially before cancelling the order, the Lessor shall return the already paid lease price or its part within 7 days of the cancellation by a transfer to the Lessee's bank account, unless the parties mutually agree on another manner of the lease price return.
2.5 According to the amendment to Act no. 222/2004 Coll., On value added tax, as applicable of January 1, 2013, it is not possible to change the data in the already issued tax document (invoice). The data in the tax document (invoice) can be changed only if the customer has not yet received the service and has not paid.
2.6 In the case of ongoing special offers, the lease of services on the Lessor's website is governed, in addition to these General Terms and Conditions, by the binding conditions of the relevant special offer. In the event that the Lessee orders the service in violation of the conditions of the relevant special offer, the Lessor is entitled to cancel the Lessee's order. The Lessee will be informed about the cancellation of the order via e-mail and in case of payment of the lease price in full or partially, he will be refunded within 15 days to the designated account, unless otherwise agreed with the Lessor.
3. Rights and Obligations of the Lessor
3.1 The Lessor is required to 1. deliver the service to the Lessee in the agreed quantity, quality, and timeframe based on an order confirmed by the Lessor, 2. ensure that the delivered service complies with the valid legislation of the Slovak Republic.
3.2 The Lessor has the right to the proper and timely payment of the lease price from the Lessee for the services ordered.
3.3 The Lessor has the right to cancel the order if he is unable to deliver the service to the Lessee within the period specified in these Terms and Conditions or at the price specified in the online store unless an alternative action is agreed with the customer. The customer will be informed about the cancellation of the order by phone or e-mail and in case of payment of the lease price partially or in full, the funds will be returned to him within 15 days to the designated account, unless otherwise agreed with the Lessor.
4. Rights and Obligations of the Lessee
4.1 The Lessee is required to 1. take over the ordered service, 2. pay the Lessor the agreed lease price within the agreed due date, 3.not damage the good business reputation of the Lessor.
4.2 The Lessee has the right to lease the service in the quantity, quality and by the date agreed by the Contracting Parties in the binding acceptance of the order.
5. Delivery and Payment terms
5.1 The service is leased according to the displayed samples placed on the website of the Lessor's e-shop to the extent as per the individual versions of the service.
5.2 The Lessor shall fulfill the Lessee's order and deliver the service to the Lessee within 30 days of the order.
5.3 In the event of non-delivery of the service by the Lessor within the period specified in 5.2., the Lessee is entitled to withdraw from the lease agreement and the Lessor is obligated to return the already paid part of the lease price to the Lessee within 15 days from the delivery of the withdrawal from the lease agreement by a cashless transfer to the Lessee's designated account.
5.4 The Lessee shall receive an invoice by e-mail for each order.
5.5 Payment is in advance by a bank transfer. If you select payment by a regular bank transfer, you will automatically be emailed a pro forma invoice. After crediting the payment to our account, you will receive a tax document delivered to the same e-mail. This operation is performed by our automated system every subsequent working day. When paying in advance by a bank transfer, the delivery date may be affected by the payment deadline. The amount must be credited to our account no later than five working days after the confirmation of the order, otherwise, the order may be considered canceled.
6. Lease price
6.1 The Lessee shall pay the Lessor the lease price for the service agreed in the lease agreement and/or according to the Lessor's price list valid at the time of concluding the lease agreement (hereinafter referred to as the "lease price").
6.2 If the Lessee pays the lease price to the Lessor by a cashless transfer, the day of the payment is considered to be the day when the entire lease price was credited to the Lessor's account.
6.3 The Lessee shall pay the lease price for the services agreed to the Lessor within the period as stated in the lease agreement, but no later than before using the service in paid operation.
6.4 In the event that the Lessee pays the Lessor the lease price for the service agreed in the lease agreement, the Lessee is entitled to withdraw from the lease agreement and demand a refund of the lease price only in accordance with the applicable Slovak legislation.
7. Return policy and Complaints procedure (liability for errors, warranty, complaint)
7.1 The Lessor is not liable for damages incurred by the Lessee’s use of the ProfiQuote software.
7.2 The Lessee has the right to claim the warranty from the Lessor only for the service or its part indicating errors caused by the Lessor.
7.3 The customer has the right to have an error rectified free of charge during the warranty period after reporting it within the period agreed with the Lessor, but not exceeding 60 days.
7.4 The Lessee shall file a complaint about service errors with the Lessor without undue delay, otherwise, the Lessee loses the right to have an error removed free of charge.
7.5 The Lessor or a designated person shall issue a confirmation of the warranty claim for the service to the Lessee in a suitable form determined by the Lessor, e.g., via e-mail or in writing, where he is required to accurately indicate the errors of the service under the Art. § 18 par. 5 of the Act and to inform the consumer about his rights.
7.6 The Lessee is not entitled to claim the warranty for errors he was previously notified about by the Lessor at the time of concluding the contract or for those, considering the circumstances under which the lease was concluded, he must have known.
7.7. The Lessor shall handle the complaint and conclude the complaint procedure in one of the following ways:
- 1. Error correction,
- 2. By refunding the lease price for the period of non-functioning ,
- 3. By paying a reasonable discount on the service price,
- 4. Justified rejection of the service complaint.
7.8 The Lessor shall issue a written document about the method of determining the manner of handling and managing the complaint to the Lessee no later than 30 days from the date of filing the complaint through the postal service, courier, delivery service, or via e-mail.
7.9 The warranty period constitutes the entire period of the Lessee’s paid subscription to the Lessor.
7.10 The Lessee's right to file a claim for a service error after he has exercised his right and asked the Lessor to eliminate the service error according to the point 8.8. of these warranty and Business Conditions, is considered to be exhausted and regardless of the result of the complaint, he is no longer entitled to file a complaint repeatedly for the same unique error (not an error of the same type).
7.11 In the event that the Lessor concludes the complaint procedure as a justified rejection of the complaint, but the product error objectively exists and has not been eliminated, the Lessee may exercise his right to eliminate the service error.
8. Personal data protection
8.1 The Contracting Parties have agreed that if the Lessee is a legal entity, he shall notify the Lessor of his business name, registered office address including the postal code, Company ID number, phone number, and e-mail address.
8.2 By sending the order to the Lessor, the Lessee honestly declares that he has consented under the Art. § 11 par. 1 of Act no. 122/2013 Coll. on the protection of personal data, as amended (hereinafter "ZnOOÚ"), to the processing and storing of his personal data by the Lessor, in particular those listed above and/or those necessary for the activities of the Lessor and he consents to have them processed in all of his information systems. The Lessee also honestly declares that he has consented to the processing of his personal data to the Lessor as well as to a cross-border transfer of personal data to the USA to conclude a lease between the Lessor and the Lessee and filing of the lease, invoices or other documents for marketing purposes. The Lessor undertakes to treat and dispose of the Lessee's personal data in accordance with applicable Slovak legislation. After fulfilling the purpose of processing, the Lessor shall immediately ensure the discarding of the Lessee's personal data following the Art. § 17 par. 1 ZnOOÚ. The Lessee may revoke the consent to the processing of personal data at any time in writing. The consent expires within 1 month from the delivery of the revocation of the consent by the Lessee to the Lessor.
8.3 The Lessor declares that he shall collect personal data for the other purposes than those listed in the point 8.2. of these conditions following the Art. § 6 par. 2 letter e) ZnOOÚ, and that he shall ensure the personal data is processed and used exclusively in a manner appropriate to the purpose of their collection and without any association with personal data obtained for other purposes.
8.4 The Lessor declares that he shall process personal data as per § 6 par. 2 letter i) ZnOOÚ in conformity with good morals and he will act in a manner that does not contradict the ZnOOÚ or other generally binding legal regulations, nor will he bypass them.
8.5 The Lessee has a right to demand the following from the Lessor upon a written request:
1. confirmation on whether his personal data is being processed or not,
2. in a clear and generally comprehensible form, information on the processing of personal data in the information system to the extent of:
a) the identification data of the Lessor and the Lessor's representative, if appointed,
b) the identification data of the Intermediary; this is not applicable if the Lessor does not proceed in compliance with § 8 ZnOOÚ when obtaining personal data,
c) the purpose of the processing of personal data,
d) a list of personal data or the scope of personal data according to § 10 par. 4 of the first sentence of ZnOOÚ
e) additional information, which, having regard to all the circumstances and conditions of the processing of personal data, is necessary for the Lessee to guarantee his legally protected rights and interests, to the extent in particular
- instructions on voluntariness or the obligation to provide the required personal data; if the Lessor obtains the Lessee's personal data based on the Lessee's consent following the § 11 ZnOOÚ, he shall also notify the period of validity of the consent, and if the Lessee's obligation to provide personal data stems from a directly enforceable, legally binding act of the European Union, or from an international agreement by which the Slovak Republic is bound, or a law, the Lessor notifies the Lessee of the legal basis imposing this obligation on him and of the consequences of refusing to provide personal data,
- third parties, if anticipated or apparent that personal data will be provided to them,
- the circle of recipients, if anticipated or apparent that personal data will be made available to them,
- the form of disclosure, if personal data is to be disclosed,
- third countries, if the transfer of personal data to those countries is anticipated or apparent,
- upon releasing a decision under the point 8.8. of these Business Conditions, the Lessee is entitled to become acquainted with the procedure of processing and evaluating the operations,
1. accurate information about the source from which their personal data for processing were obtained in a clear and generally comprehensible form,
2. a list of their personal data being subjected to processing in a clear and generally comprehensible form,
3. the correction or destruction of their incorrect, incomplete, or outdated personal data which are the subject of processing,
4. the destruction of the personal data where the purpose of processing has ended; if official documents containing the personal data are subjected to processing, their return may be requested,
5. discarding of their personal data, which are the subject of processing, if a violation of the law occurred,
6. blocking of their personal data due to the consent revocation before the expiry of its validity, if the Lessor processes personal data based on the Lessee's consent.
8.6 The Lessee's right as per points 8.5, 5, and 6 of these Terms and Conditions may be restricted only if such restriction results from a particular law or its application would violate the protection of the Lessee or the rights and freedoms of others.
8.7 Based on a free, written request, the Lessee has the right to raise an objection with the Lessor to
1. the processing of his personal data under suspicion these are or will be processed for direct marketing purposes without his consent, and to request their destruction,
2. the use of the title, name, surname, and address of the Lessee for direct marketing in the postal correspondence, or
3. the providing of the title, name, surname, and address of the Lessee for direct marketing.
8.8 If the matter cannot be postponed, as per written request or in person, the Lessee has the right to raise an objection with the Lessor at any time against the processing of personal data in cases pursuant to § 10 paras 3 letter a), e), f) or g) ZnOOÚ by expressing legitimate reasons or by the proof of evidence of unauthorized interference with his rights and legally protected interests, which in a specific case are or may be harmed by such processing of personal data; if this is not prevented by legal reasons and it is proven that the Lessee’s objection is justified, the Lessor shall block and discard the personal data subjected to the Lessee’s objection without undue delay as soon as the circumstances allow.
8.9 If the matter cannot be postponed, as per written request or in person, the Lessee has the right to raise an objection with the Lessor at any time and not submit to the Lessor's decision, which would have legal effects or significant impact on him, if such a decision is issued solely on the basis of the automated data processing operations. The Lessee has the right to request the Lessor to review the issued decision by a method different from the automated form of processing, while the Lessor is obligated to comply with the Lessee's request so that a decisive role in reviewing the decision will be played by an authorized person; the Lessor informs the Lessee about the method of examination and the outcome of the findings within the period according to par. 8.16. of these Business Conditions. The Lessee has no right to pursue this action only if provided by a special law, regulating measures to ensure the legitimate interests of the Lessee, or if in pre-contractual relations or during the existence of contractual relations, the Lessor issued a decision compliant with the Lessee's request, or the Lessor, true to the contract, has taken other appropriate measures to safeguard the legitimate interests of the Lessee.
8.10 If the Lessee exercises his right
1. in writing and it follows from the content of this application that he exercises his right, the application shall be deemed to have been filed pursuant to this Act; the Lessee shall deliver the request submitted by e-mail in writing no later than three days from its mailing date,
2. verbally in person in the minutes, where must be clearly stated who exercised the right, what is claimed and when, and by whom were the minutes drawn up, his signature and the signature of the Lessee; the Lessor shall hand over a copy of the minutes to the Lessee,
3. via an intermediary pursuant to the points 1 or 2 of this paragraph of these Business Conditions, the latter shall submit this request or minutes to the Lessor without undue delay.
8.11 If suspected that the processing of his personal data is unjustified, the Lessee may submit a proposal to the Office for Personal Data Protection of the Slovak Republic to initiate proceedings on personal data protection.
8.12 If the Lessee does not have full legal capacity, his rights can be exercised by a legal representative.
8.13 If the Lessee is deceased, his rights, under this Act, may be exercised by a close person.
8.14 The Lessee’s request as per para. 8.5. points 1 to 3, 5 to 8 of these Terms and Conditions, and para. 8.7. to 8.9. of these Terms and Conditions shall be managed by the Lessor free of charge.
8.15 The Lessee’s request as per par. 8.5. point 4 of these Business Conditions, shall be managed by the Lessor free of charge, except for a payment in the sum that may not exceed the cost of purposefully incurred material costs associated with making copies, procuring technical media and sending information to the Lessee, unless otherwise stated by a special law.
8.16 The Lessor shall process the Lessee's request in writing following the paragraphs 8.14.a
8.15. of these Business Conditions no later than 30 days from the date of the delivery of the request.
9. WITHDRAWAL FROM THE LEASE AGREEMENT
9.1 The Lessor is entitled to withdraw from the Lease Agreement in consequence of having made changes significant enough to render the fulfillment of the Lessor's obligations arising from the Lease Agreement impossible, or due to force majeure, or if he is unable to do so with every effort that can be reasonably required of him and deliver the service to the customer within the period specified in these Terms and Conditions or at the price specified in the online store. The Lessor shall immediately inform the Lessee of this fact and return the already paid deposit for the service agreed in the lease agreement within 15 days of the notification of withdrawal from the contract by transfer to the account designated by the Lessee.
9.2 By sending the order to the Lessor, the Lessee confirms that the Lessor has timely and properly fulfilled his information obligations.
9.3 The Lessee may not withdraw from the contract in case of a custom-made service, or a service designed specifically for an individual Lessee.
10. FINAL PROVISIONS
10.1 The Lessor reserves the right to change these general Terms and Conditions. The obligation of written notification of a change in these general Terms and Conditions is fulfilled by the placement on the Lessor's e-commerce website.
10.2 If the lease agreement is concluded in writing, any alteration must also take a written form.
10.3 When in question, the contracting parties agree that the period of use is considered to be the period of Lessee’s paid subscription to the Lessor’s services.
10.4 The Contracting Parties agree that the communication between them will be carried out mainly via e-mail or a letter delivery.
10.5 Relationships not regulated by these General Terms and Conditions are subject to the relevant provisions of the Commercial Code.
10.6 The Lessee becomes subject to these general terms and conditions by sending an electronic order.
10.7 By sending the order, the Lessee confirms that he has read these General Terms and Conditions and agrees with them in full.