I.
Scope of Activities
1. These general business terms and conditions settle the mutual relations between the company F.E.R.T. + Ltd. and its contractual partners in any and all cases, especially between:
a) F.E.R.T. + Ltd. as a service provider and customers,
b) F.E.R.T. + Ltd. as a business or service mediator and entities intending to conclude contracts mediated via F.E.R.T. + Ltd.
c) F.E.R.T. + Ltd. as an assignee in case of contract on claim assignment
d) F.E.R.T. + Ltd. as a mandatary in case of mandate contracts
e) F.E.R.T. + Ltd. as a seller or purchaser in case of purchase contract on real estate property transfer
f) F.E.R.T. + Ltd. as a seller in case of purchase contracts on goods (services) purchase in an e-shop.
g) F.E.R.T. + Ltd. as a creditor in case of contracts on loan, credit or agreements on debt payment in form of instalments.
2. If not otherwise agreed or otherwise stipulated in other sections of these general business terms and conditions, any legal relations with the participation of F.E.R.T. + Ltd. shall be ruled by the judicial order of the Slovak Republic. If not excluded by law or in the extent the law permits , the mutual relation of the contracting parties shall be in conformity with the Act no. 513/1991 Coll. of the Commercial Code as amended (hereinafter referred to as "Commercial Code"). If necessary, the sentence above shall be interpreted as an agreement between the contracting parties concluded in accordance with the provision of Section 262 of the Commercial Code. Provided that the provisions of the contract stipulate the commercial relation in a way different from these general business terms and conditions, the provisions of the contract shall prevail.
II. Proposal of the Contract
The proposal shall be understood as:
a) Order of goods or services in connection with the services of electronic shop
b) Entry of an offer for real estate sale, request for real estate purchase while it is deemed to be a conclusion of the contract on mediation between F.E.R.T. + Ltd. . and the proposing party,
c) Entry of an offer for a claim assignment or a claim purchase while it is deemed to be al alternative proposal for a contract for mediation between F.E.R.T. + Ltd. and the proposing party, or a conclusion of an assignment contract with F.E.R.T. + Ltd. if not stipulated otherwise by the proposal,
d) Proposal of an instalment calendar delivered to the debtor by F.E.R.T. + Ltd. as a creditor or as a creditor´s mandatary
e) Any written, verbal, phone, fax, e-mail or an impliedly taken action which undoubtedly leads to concluding the proposed contract with respect to the content and terms of the contract
III. Acceptance of the proposal
Acceptance of the proposal shall be understood as:
a/ delivery of goods or services on the ground of the proposal according to the Section 2(a) of these terms and conditions
b/ Registration of an offer or a demand into the F.E.R.T. + Ltd. database and its publication on the websites www.fert.biz or www.reality.sk, or the start of actions announced to the proponent in order to arrange the real estate sales or purchase or a notice on the proposal acceptance delivered to the proponent,
c/ registration of an offer or a demand into the F.E.R.T. + Ltd. database and its publication on the website www.vymahaniepohladavok-fert.sk, or the start of actions announced to the proponent in order to arrange the real estate sales or purchase or a notice on the proposal acceptance delivered to the proponent,
d/ acceptance of an instalment calendar even by an omission act, provided that the accompanying requisition contains a request for the agreement on instalments and a warning on admission in case the requisition is delivered without remarks, equally the return of such delivery with the proposal as undelivered with a note "addressee unknown" in case the place of delivery is the place of business or a seat of the legal person as stated in the public registry.
e/ in case of a verbal action, the proposal admitted in form of a verbal agreement, if further action of the contractor undoubtedly implies his will to be bound by the verbal action and awareness of the contract/agreement content. In case of any implied action, the proposal shall be accepted by action or explicit adoption of the proposal by F.E.R.T. + Ltd. , description of the action by the proponent and the importance the accepting party attaches to the declaration of will makes a part of the explicit acceptance of the proposal.
IV.
Payment, maturity and payment place
1. In any relations arising from these terms and conditions, the payments may be in cash or cashless transactions. The cashless transactions are considered to be realized by crediting a sum on the addressee's account in the bank, or an e-bank, the cash transactions are considered to be realized by a deposit or a confirmed take-over of the cash.
2. Maturity of the financial issues in stated in the contract, or if not stipulated by the contract, or in case of sales in the shop, the maturity is given by the invoice issued by the supplier of goods, by the service provider or another addressee of the contract pursuance.
3. If not stipulated otherwise by the contract, the maturity of the payment shall be 14 days since the invoice issue, provided that the invoice is delivered at least three days prior maturity date.
V.
Debtor´s late payments
1/ Any debtor being late with his credit payments in accordance with the articles V and VII of these terms and conditions, or being late with any other debt payable takes due note of the fact that after elapse of the maturity period, F.E.R.T. + Ltd. is entitled to transfer the claim or the entrust another company with the claim recovery. The debtor undertakes to provide the former as well as the new creditor as well as to the company entrusted with the debt recovery, the necessary cooperation and to refund the costs of recovery consisting of cash and refund for the company entrusted with the debt recovery.
2/ Any debtor takes due note of the fact the that in case of any late payment of the credit, the credit can be prolonged only on the ground of a debtor´s accepted proposal submitted to the creditor, the acceptance shall by without any alterations, clauses or amendments. Failing this, the creditor is entitled to request the debt payment together with the fee for the credit provision which shall be considered an independent item since the maturity date of the credit.
3/Any debtor takes due note of the fact that any late payment of the credit, or any other due sum will be penalized by the creditor - F.E.R.T. + Ltd. by 0.25% of the debt principal and of the fee for credit provision for every day of delay until the sum is paid in full.
VI.
Abandonment of the contract
1/In case of abandonment of the purchase contract on the purchase of goods in a shop, the abandonment of the contract is conditioned by the following: the purchaser shall, within the stated period, deliver the notice on the abandonment of the contract to the seller, the returned merchandise may not be neither used nor damaged, it has to be packed in the original packing and a receipt on its purchase shall be submitted. The costs of the goods return shall be fully covered by the purchaser.
2/ The contract on mediation of real estate purchase may be impliedly abandoned by the seller as well as by the purchaser in form of a refusal to sign a reservation contract or a refusal to sign a purchase contract. For the case of the abandonment of the contract by the customer demanding sale/purchase mediation, the contracting parties have agreed on a contractual penalty amounting to the double of the agreed commission for the mediator.
VII.
Personal data protection
1/ By your registration in an e-shop or in other electronic databases operated by F.E.R.T. + Ltd. , or by concluding a contract with the company F.E.R.T. + Ltd. , you express your agreement with your personal data and your purchase data collection and usage.
2/ We reserve the right to waive the guarantee of safety in case our server is hacked.
VIII.
Arbitration clause
1/ Any disputes arising from the contracts concluded according to these business terms and conditions including any disputes on their validity, interpretation or cancellation shall be resolved by the Regional Arbitration Court established by the REGIONAL CENTRE FOR EXTRAJUDICIAL DISPUTE SETTLEMENT (REGIONÁLNE STREDISKO PRE MIMOSÚDNE RIEŠENIE SPOROV) Ltd. residing at SNP 151/70 in Stará Turá (herein after referred to as „RRS") in accordance with its Statute and Rules of Procedure. The contracting parties shall conform to the verdict of this court. Its verdict shall be binding for both parties. The contracting parties have agreed on exclusion of the arbitration verdict cancellation for the reason stated in the Section 40 h) of the Act no. 244/2002 Coll. on the arbitration procedure as amended. The parties ask the Chairman of the RRS for an arbiter appointment. The notice on the arbiter appointment shall be delivered to the defendant with the copy of the pursuit.
2/ Instead of the procedure given by the point 1/, each of the contracting parties is entitled to settle disputes specified in the proceedings before the Permanent Arbitration Court JSM established by the Association JSM, ID: 307 914 21in accordance with its rules and regulations stated in the Commercial Newsletter of the Slovak Republic.
3/ The consumer´s right to bring legal action before the relevant general court is not offended by the stipulations of the Sections 1/ and 2/.
IX.
Delivery
1/ The delivery shall be conform to the stipulations of the Civil Procedure Code. The document shall be considered to be accepted even in case the postal services provider returns the shipment with a record on it proving that the addressee does not reside on the address given, if the record is incorrect or the shipment is returned incorrectly.
2/ The return of the shipment shall be considered incorrect if it is returned from the place of business or the addressee´s seat.
X.
Final provisions
1/ These business terms and conditions ( or general business terms and conditions etc.) become effective 1st February 2023. In any particular case, they become bounding after being included into a particular contract in form of an amendment or a reference to this document.
2/ These terms and conditions may be modified by F.E.R.T. + Ltd. in case of new contracts since the day of the contract effectiveness, the contracts concluded before, the modifications become effective on the day the contracting party is informed about the modifications. The effectiveness of the modifications is expressly agreed by the contracting parties entering into a contractual relation with F.E.R.T. + Ltd.