Terms and conditions

TERMS AND CONDITIONS

1 .GENERAL PROVISIONS

These general terms and conditions govern the rights and obligations of the parties arising from the purchase agreement concluded between:

Seller: TEAM GAMES s. r. o., Kľučiny 703/96, Liptovská Štiavnica, 034 01,

ID: 53 508 874

Account number: IBAN: SK43 8330 0000 0029 0191 3981
entered in the register: District Court Košice, section Sro, file number: 50526/P

Contact information:
e-mail: escapeonline2@therooms.eu 

(hereinafter referred to as the "seller")

and

buyer, whose subject is the purchase and sale of goods on the seller's e-commerce website.

Supervisory authority :

SOI Inspectorate for the Košice Region
based in Košice
Vrátna 3, 040 65 Košice, P.O.BOX A-35  
Supervision Department and Legal Department
tel. no. 051/7320 705, 055/622 76 55 fax. no. 055/622 46 95

Address for making complaints, withdrawals from the contract, suggestions and grievances:
TEAM GAMES s. r. o., Miškovecká 1025/18, Košice 040 11,, ID 53 508 874, e-mail: escapeonline2@therooms.eu

                                     
2. SUBJECT OF THE CONTRACT

The subject of the contract are only items of goods and services (products) explicitly stated in the purchase agreement - order. The quantity, properties, prices, and other data contained on the seller's website are binding data.

The seller undertakes to supply the buyer with:

- a defect-free product in accordance with the specification or with the characteristics usual for the sort,

- a product complying with the standards, regulations and ordinances valid in the territory of the Slovak Republic.

The parties have agreed that by sending the order to the seller, the buyer confirms that he agrees that these general terms and conditions will apply to all purchase agreements, concluded on the e-commerce website operated by the seller, under which the seller delivers the product presented on the website to the buyer (hereinafter referred to as the "purchase agreement") and to all relations between the seller and the buyer, particularly arising from the conclusion of the purchase agreement and product complaint.

3. ORDER CANCELLATION

Cancellation of the order by the buyer:

The buyer has the right to cancel the order without giving a reason at any time before its binding confirmation and the buyer has the right to withdraw from the contract, the subject of which is the product delivery, even before the expiration of the withdrawal period.

If the seller has provided the consumer in a timely and proper manner with information on the right to withdraw from the contract pursuant to § 3 subs. 1 para. h), the consumer is entitled, even without stating a reason, to withdraw from the contract concluded at a distance or outside the premises of the seller within 14 days from the date of receipt of the product.

The seller will exercise the right to compensation mainly in the case of the product purchase " to order", which was necessary to procure at the request of the buyer or in connection with securing if the product has already incurred demonstrable costs. The cancellation fee can be up to the cost of the product procurement.

Cancellation of the order by the seller:

The seller reserves the right to cancel the order or a part thereof in the following cases:

- the order could not be confirmed in a binding manner (incorrect telephone number, unavailable buyer, buyer does not reply to e-mails, etc.).

The General Terms and Conditions are an integral part of the purchase agreement. Providing that the seller and the buyer enter a written purchase agreement, in which they agree on conditions deviating from the general terms and conditions, the provisions of the purchase agreement will take precedence over the general terms and conditions.

4. METHOD OF CONCLUDING A PURCHASE AGREEMENT

1. The purchase agreement is concluded by the binding acceptance of the proposal for the conclusion of the purchase agreement of the buyer by the seller in the form of an e - mail message of the buyer sent to the seller or in the form of a form filled in and sent by the buyer on the seller 's website (hereinafter "order").
2. The binding acceptance of the buyer's order by the seller is an email confirmation or confirmation via private message by the seller to the buyer about the acceptance of the order after the previous acceptance of the order by the buyer marked as "order confirmation".
3. Binding acceptance of the order contains information on the name and specification of the product, whose sale is the subject of the purchase agreement, further information on the price of the product and / or other services, the name and information on the conditions, method and date of delivery of the product, or other information.

5. RIGHTS AND OBLIGATIONS OF THE SELLER

1. The seller is obliged to:
   a. deliver the product to the buyer on the basis of the order confirmed by the seller in the agreed quantity, quality, and time,
   b. ensure that the delivered product meets the obligations set out in the valid legal regulations of the Slovak Republic,
   c.  hand over to the buyer at the latest together with the product in written or electronic form all the documents necessary for taking over and using the product and other documents prescribed by valid legal regulations.
   
   
2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered product.
   
   

6. RIGHTS AND OBLIGATIONS OF THE BUYER

1. The consumer is entitled to withdraw from the contract in a written form within fourteen days without giving a reason (Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller's premises) from the day of taking over the product or concluding the contract for the provision of the service. Withdrawal of the consumer from the contract terminates the contract from the beginning.  
2. Consumer:
   a. takes over the purchased or ordered product,
   b. pays the seller the agreed purchase price within the agreed due date, including the cost of delivery of the product.
3. The consumer has the right to deliver the product in quantity, quality, time and the manner and place agreed by the parties in the binding acceptance of the order.

7. TERMS OF DELIVERY

1. Product delivery methods:
   Delivery of the product is possible by following means:
   delivery of the electronic link to the consumer's electronic mailbox specified in the order.
   
   
2. Price and payment.

When ordering the product and delivery: total:

Electronic delivery of a link to assume the product resulting from the contract

0.00 EUR

 

The delivery price is valid within the territory of the Slovak Republic.

The buyer is obliged to pay the seller the purchase price of the product agreed in the purchase agreement at the time of concluding the purchase agreement, including the cost of delivery of goods (hereinafter "purchase price") according to Act No. 18/1996 Coll., As amended:

- cashless transfer to the seller's account,

- payment by card.

3. Providing that the buyer pays the seller the purchase price by non-cash transfer, the day of payment is considered to be the day when the entire purchase price was credited to the seller's account number: SK43 8330 0000 0029 0191 3981, VS: order number.
4. The buyer is obliged to pay the seller the purchase price for the agreed product within the period according to the purchase agreement, but no later than at the time of taking over the product.
5. If the buyer pays the seller the purchase price for the product agreed in the purchase agreement, the buyer is entitled to withdraw from the purchase agreement and demand a refund of the purchase price only in accordance with applicable legislation of the Slovak Republic.
6. Providing that the buyer does not pay the seller the full purchase price when taking over the product, the parties agree that the seller is entitled to withdraw from the purchase agreement and demand compensation from the buyer for the costs of ordering and delivery of unpaid product.
7. The prices of the products listed on the seller's website are valid at the time of sending the consumer's order.
8. The purchase price will be considered paid by crediting the full purchase price to the seller's account, in the case of payment to the seller's account, or payment by card.
9. The seller reserves the right of ownership of the product until the purchase price is paid in full.
10. The proof of purchase issued on the basis of the purchase agreement between the seller and the buyer is also a tax document.
11. The product acceptance by the buyer is in principle only possible after full payment, unless otherwise agreed.
12. The price of transport, delivery of the product, is added to the price of the product, as mentioned above in point 7.2.
13. The product is sold according to the requirements of the buyer and issued samples, catalogs, sample books of the seller, placed on the website of the seller's e-shop.
14. The seller is obliged to fulfill the consumer's order within 30 days of its delivery, unless the seller and the consumer agree otherwise.
15. The buyer will take over the product by the means specified in the acceptance of the buyer's order by the seller. 
16. Data on product properties, quantity, and other data contained on the seller's e-commerce website are binding data.
17. The product place of delivery is the place specified in the acceptance of the order by the seller, unless the parties agree otherwise in the purchase agreement.
18. The product is considered delivered at the moment of delivery of the product to the electronic address specified in the binding acceptance of the order.
19.  If the buyer checks the product after delivery and finds that the product has any defects, he can notify the seller and file a complaint with the seller.

8. ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK OF DAMAGE TO THE PRODUCT

The buyer acquires ownership of the product by paying the full purchase price for the product.

  

9. COPYRIGHT

Copyright is governed by the Copyright Act no. 185/2015 Coll. as amended.

 

10. WITHDRAWAL FROM THE purchase agreement

1. The buyer is entitled to withdraw from the purchase agreement within 14 days of receiving the product without giving a reason in accordance with Art. § 7 subs. 1 of Act no. 102/2014 Coll. On consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller’s premises and on the amendment of certain laws.
   The seller is obliged to receive the product and return to the consumer no later than 14 days from the date of delivery of the withdrawal from the contract the price paid for the product, including costs incurred by the consumer in order to order the service. The cost of returning the product is borne by the consumer.
   
   The consumer may not withdraw from a contract concerning him/her:

a) the provision of a service, where it has been provided with the consumer's express consent and the consumer has stated that he has been duly informed that, by expressing consent, he loses the right to withdraw from the contract after full provision of the service;

b) the sale of goods or the provision of services, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the period for withdrawal from the contract,

c) the sale of goods made to the consumer specific requirements, custom-made goods or goods intended specifically for one consumer,

d) the sale of goods subject to rapid deterioration,

e) the sale of goods enclosed in protective packaging which cannot be returned for reasons of health protection or hygienic reasons and whose protective packaging has been broken after delivery,

f) the sale of goods which, due to their nature, may after delivery be inseparably mixed with other goods,

g) the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, their delivery can be made after 30 days at the earliest and their price depends on market price movements beyond the seller's control,

h) carrying out urgent repairs or maintenance explicitly requested by the consumer; this does not apply to service contracts and contracts having as their object the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not pre-order these services or goods,

i) the sale of phonograms, video recordings, video-sound recordings, books, or computer software sold in protective packaging, if the consumer has unpacked the packaging,

j) the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,

k) provision of accommodation services for purposes other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed time,

l) the supply of electronic content other than on a tangible medium, where such provision has begun with the express consent of the consumer and the consumer has stated that he has been duly informed that, by expressing that consent, he loses the right of withdrawal. After starting the game (click the Start button), the link expires after 48 hours. After expiration it is no longer possible to play the game. In accordance with the Terms and Conditions the consumer loses the right to withdrawal and thus for a refund.

 

2. The buyer will withdraw from the contract in writing. The buyer shall state the buyer's identification, order number and date, exact product specification, until the withdrawal from the purchase agreement according to the previous point of these general terms and conditions, and the way the seller should return already received performance, especially account number and / or postal address.
   The consumer is obliged to return the product or hand it over to the seller or a person authorized by the seller no later than 14 days from the date of withdrawal from the contract. This does not apply if the seller proposes to pick up the product in person or through an authorized person. The time limit referred to in the first sentence shall be deemed preserved if the product was handed over for transport no later than the last day of the time limit.
3. Upon valid withdrawal from the contract, the seller shall return the buyer the purchase price, including the costs incurred by the buyer in connection with ordering and delivering the product, if the buyer submits to the seller written documents on such costs incurred by the buyer.
4. The costs incurred by the buyer in order to order the product are considered to be the costs of making the order, in particular the price for making a phone call by which the buyer made a proposal to conclude a purchase agreement or the price for connecting the buyer to the seller's website, on which the buyer filled in the form for ordering goods on the website, or wrote and sent an e-mail with an order for goods.

 

11. CONFIDENTIALITY

The buyer is obliged to maintain the confidentiality of all information made available to him in connection with deliveries from the seller, which he may consider in view of the circumstances clearly as a trade or company secret and which should be kept confidential, except for information known from public resources.

 

12. FINAL PROVISIONS

1. The seller reserves the right to change these general terms and conditions. The obligation to notify the change in these general terms and conditions is fulfilled by placing it on the seller's e-commerce website.
2. If the purchase agreement is concluded in writing, any change must be in writing.
3. The contract parties agree that communication between them will take place via of e - mails.
4. The relevant provisions of the following laws and regulations shall apply to relations not regulated by these General Terms and Conditions:
   a) Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws,
   b) Act no. 22/2004 Coll. on electronic commerce and on the amendment of Act no. 128/2002 Coll. (As amended),
   c) Act no. 250/2007 Coll. on consumer protection and on the amendment of the Slovak National Council Act no. 372/1990 Coll. on offenses (as amended),
   d) Act no. 40/1964 Coll Civil Code (as amended).
5. These general terms and conditions take effect against the buyer by concluding a purchase agreement.
6. If the consumer withdraws from the contract, he will bear the costs of returning the product to the seller under § 10 subs. 3, of the act and if he withdraws from the contract concluded at a distance, the cost of returning the product, which due to its nature can not be returned by post.
7. The buyer is possibly obliged to pay the seller the price for the actually provided performance according to § 10 subs. 5 of the act if the consumer withdraws from the contract for services after giving the seller explicit consent according to § 4 subs. 6, of the act.
8. The seller adheres to the code of conduct.
9. Duration of the contract - during the validity of the warranty period, the conditions for termination of the contract are set out above.
10. Possible solutions to the dispute can also be resolved out of court through mutual agreement.
11. Ownership of the contract subject passes to the buyer only after payment of all payments specified in the contract.
12. The seller has the right to compensation for damage (according to the provisions of the § 420 et seq. Civil Code), if the buyer ordered a product that did not cancel or did not withdraw from the contract and at the same time did not take over this product from the carrier, or at the request of the seller, in the case of choosing personal collection, did not take over the goods within the specified period for collection. By doing so, the buyer violated his obligation, according to which the buyer is obliged to take over the ordered goods.
13. While determining the amount of damages, according to the above point, the seller takes into account the transport costs and associated fees for shipping the product, costs associated with packaging, shipping and administration of the order as well as all other costs incurred during performance and also has the right to charge for lost profits.
14. The seller has also the right not to exercise the right to compensation for damages or to exercise this right only partialy.
    
    

INSTRUCTIONS ON THE APPLICATION OF THE CONSUMER'S RIGHT OF WITHDRAWAL

1. The right of withdrawal.

You have the right to withdraw from this contract without giving a reason within 14 days.

The period for withdrawal from the contract expires after 14 days from the date of receipt of the product.

When exercising the right to withdraw from the contract, inform us on your decision to withdraw from this contract by a clear statement (for example, by letter sent by post, fax, or e-mail) at: escapeonline2@therooms.eu

For this purpose, you can use the standard withdrawal form located at: TEAM GAMES s.r.o., Miškovecká 1025/18, Košice 040 11, ID 53 508 874, or on the website: https://escapeonline2.therooms.eu/complaintprotocol/

The withdrawal period is maintained if you send a notice of exercise of the right of withdrawal before the withdrawal period expires.

2. Consequences of withdrawal.

After the contract withdrawal, we will refund all payments you have made in connection with the conclusion of the contract, in particular the purchase price, including the cost of the goods delivery.

Payments will be refunded to you without undue delay, no later than 14 days from the date we receive your notice of withdrawal from this contract. They will be paid in the same way as you used for your payment, unless you have explicitly agreed to another method of payment, without charging any additional fees.

3. If you are interested, you can fill in and send a sample form for withdrawal from the contract or any other unambiguous statement of withdrawal from the contract also electronically via our website: https://escapeonline2.therooms.eu/user/documents/upload/withdrawal%20form.pdf .If you use this option , we will immediately confirm the receipt of the withdrawal from the contract on a durable medium (for example by e-mail).
4. The deadline is considered to have been met if you return the product before the 14-day deadline.
   You are only responsible for any reduction in the value of the product due to its handling in a manner other than necessary to determine the nature, properties and functionality of the product.
5. The information contained in this instruction forms an integral part of the distance or off-premises contract and may only be changed with the express consent of both parties.
6. The buyer expressly confirms that he has been informed that the order includes the obligation to pay the price by sending the order and pressing the "order with the obligation to pay" button.
7. The seller shall immediately provide the consumer with a confirmation of the conclusion of the contract on a durable medium at the latest together with the delivery of the product.
   The confirmation contains:
   - all information referred to in § 3 subs. 1 of the act, if the seller has not provided this information to the consumer on a durable medium before concluding the contract at a distance.
8. The buyer may withdraw from the contract, the subject of which is the delivery of the product, even before the beginning of the period for withdrawal from the contract.
9. The buyer can exercise the right to withdraw from the contract according to § 7 subs. 1 of the act at the seller in paper form or in the form of a record on another durable medium; if the contract has been concluded orally, any clearly worded statement by the consumer expressing his will to withdraw from the contract shall suffice to exercise the consumer's right of withdrawal.
   The consumer can use the withdrawal form provided to him by the seller.
10. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than the last day of the period under § 7 subs. 1, of the act.
11. The burden of proving the exercise of the right of withdrawal is borne by the buyer.
    
    

 Seller’s obligations in withdrawing from the contract

1. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract to return to the buyer all payments received from him under the contract or in connection with it; this does not affect the provision of § 8 subs. 5, of the act.
2. The seller is obliged to return the payments under subsection 1 to the buyer in the same way as the consumer used in his payment. This does not affect the buyer's right to agree with the seller on another method of payment, if no additional fees will be charged.
3. The seller is not obliged to reimburse the buyer additional costs if the buyer has explicitly chosen a different method of delivery than the cheapest standard method of delivery offered by the seller. Additional cost is the difference between the delivery costs chosen by the buyer and the costs of the cheapest standard delivery method offered by the seller.
4. Upon withdrawal from the contract for the sale of the product, the seller shall not be obliged to reimburse the buyer for payments under subsection 1 before the product is delivered to him or until the consumer proves to return the product to the seller unless the seller proposes to pick up the product in person or any authorized person through the seller.
   
   

 Obligations and rights of the consumer in the event of withdrawal from the contract

1. The consumer is obliged to return the product or hand it over to the seller or a person authorized by the seller no later than 14 days from the date of withdrawal from the contract. This does not apply if the seller proposes to pick up the product in person or through an authorized person. The time limit referred to in the first sentence shall be deemed preserved if the product was handed over for transport no later than the last day of the time limit.
2. Upon withdrawal from the contract, the buyer bears only the cost of returning the product to the seller, or a person authorized by the seller to take over the product. This does not apply if the seller has agreed to bear them himself, or if he has not fulfilled the obligation under § 3 subs. 1 para. i) of the Act.
3. The buyer is only liable for the value reduction of the product, which arose as a result of such handling of the product, which is beyond the treatment necessary to determine the properties and functionality of the product. The buyer is not responsible for the value reduction of the product if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract under § 3 subs. 1 para h) of the act.

 

In Košice, on 11.01.2021