[vc_row][vc_column][vc_custom_heading text=”General terms and conditions” font_container=”tag:h1|text_align:center|color:%23000000″ google_fonts=”font_family:Exo%3A100%2C100italic%2C200%2C200italic%2C300%2C300italic%2Cregular%2Citalic%2C500%2C500italic%2C600%2C600italic%2C700%2C700italic%2C800%2C800italic%2C900%2C900italic|font_style:600%20bold%20regular%3A600%3Anormal”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

Article I.

Introductory Regulations

  1. The general terms and conditions (hereinafter ,, GTC “) regulate the mutual rights and obligations between the seller, the buyer and the Knowenger Ltd company., established in Hromadu 819/19, 972 12 Nedožery-Brezany, ID: 50369326 (hereinafter” company “) arising from the use of the service platform www.knowenger.com (the”site”) for the purposes of sale and purchase of goods and services („the products”) between the seller and the buyer (together referred to as “the users”) .

2.      The rights and obligations of the seller and the buyer when using services provided by the website declared in the GTC, are published in electronic form on the website and its content is available for all the users.

3.      The company operates the website which enables the seller to offer its products through its site and enables the buyers to acquire the products offered by the seller in accordance with the GTC regulations.

4.      The company in order to ensure the quality of services provided makes big effort to continuous and smooth accessibility of the pages. The company reserves its right to limit the access to the site due to necessary repairs, maintenance or any other actions necessary to improve the functioning of the site. The users are obliged to tolerate this limitation and by agreement with the GTC regulations take into consideration the potential risks that may arise from this restriction. In connection with that, the users can not consider the limited access to the site as the reason of the failure of their obligations to be fulfilled, if these obligations were partially or fully suspended and thus they are not entitled to claim for compensation of these failures from the company.

5.      The access to the website may be limited due to the facts which are beyound the control of the company (force majeure). For this reason, the company is not responsible for the damages that result from, are arising or are directly or indirectly related to the limited access of the website.

6.      By agreement with the GTC regulations, the users also take into consideration that from the reasons stated in paragraph 4 and paragraph 5 of this Article, the processing time of their order, other compensation resulting from the contract or the rights arising out of the GTC, may be extended for as long as needed. In accordance with the GTC regulations, the users renounce their right for compensation and are obliged to tolerate this limitation.

7.      The domain site is the exclusive property of the company. The company reserves its right to determine, amend and cancel conditions of the registration and the usage of the site in accordance with the needs and principles on which the company operates.

8.      The company does not participate in the contractual relations between the seller and the buyer and also the company is not responsible for fulfilling the obligations between the seller and the buyer arising from such relations. The company is not responsible for the damage caused by the buyer or seller under or in connection with a contractual relationship between them.

9.      The company is not responsible for any damage or loss of profits arising to buyer or to the seller directly or indirectly as a result of:

  1. a) interruption of the site operation
  2. b) unauthorized intervention of the seller, buyer or any other person on the site,

10.  a) interruption of the site operation

11.  b) unauthorized intervention of the seller, buyer or any other person on the site,

12.   c) the site incompatibility with end hardware or software of  the seller  or the buyer or with internet connection

13.   d) the technical problems including errors and failures in site connection.

14.   e) usage of means of payment that are against the generally binding legal regulations valid in the Slovak Republic

15.   f) providing incorrect, incomplete, misleading and false information by users in relation to each other and in the relationship between the users and the company

16.   g) fraud conduct of the user that is in conflict with the GTC regulations, generally binding legal regulations valid in the Slovak Republic or performance that is in the conflict with good morals.

17.   The company is providing customer services. In case of any questions, irregularities or problems with the site, the users are asked to contact the company´s help-desk via this e-mail address – support@knowenger.com

Article II.

Definition of Basic Terms

  1. The Knowenger Ltd. company, is the company established in Hromadu 819/19, 972 12 Nedožery-Brezany, ID: 50369326, Tax ID: 2022729709, Tax ID: 2120291745, registered in the Commercial Register of the District Court Trenčín, Section Sro, File No .: 33193 / R. The company is the platform providing services in the form of creating space for sale of products by the seller and the space for purchasing the product by the buyer on the website.

2.      The product is goods or service which is offered to the buyer through our site and is being provided by the seller.

3.      This site is a space used by users in order to implement the purchasing and sale of products between them. The domain name of the website is www.knowenger.com.

4.      The seller is the person who offers particular product for sale on the site and according to the order enters into a contractual relationship with the buyer.

5.      The buyer is the person different from the seller, who expressed interest in a particular product offered by the seller on the site and who by placing an order enters into a contractual relationship with the seller.

6.      The user is either  the seller or the buyer who has the user account created on the website and who uses the service of the company, e.g. uses the site space to implement the purchasing or the sale of the products.

7.      The entrepreneur is a person who performs and acts within the scope of its business.

8.      “Live Service” is a product performed by the seller in order to provide the buyer a service in its own name, on its own responsibility and without participation of third party in service fulfillment.

9.      The third party is the entity through which the seller provides the service fulfillment resulting from its commitment to the buyer (eg. post office, courier, driver, etc.).

10.   The consumer is a person who, when concluding and performing the contract, does not act within the scope of his business, employment or occupation.

11.   The user content is the content that appears on the site – any images, video and audio-visual materials.

12.   The registration is the decision made by the buyer or the seller to register themselves on the site by filling in all the required information (username, email address, phone number and password) in order to create the registration profile on their account. Fot those users who have already created their user´s account on Facebook, Google+ or Twitter, it is not necessary to fill in the form registration when setting up the account.

13.   The user´s account is the account created by the seller or the buyer that is being activated on the site after successful registration.

14.   The contract is considered as an agreement concluded between the seller and the buyer, the content of which is liability arising from an order.

 

Article III.

The Registration Process.

 

1.      In order to use the service on the website, e.g. implementation of the purchase and sale of products on the site, it is necessary to register as the buyer or the seller.

2.      The registration on the site may be realized by physical or legal persons. The registration of users on the site is free of charge.

  1. Registration process of the buyers and sellers is finalized by userś account created, which enables the users to acquire the users´level.

4.      There is no legal entitlement, when obtaining the user level and the user account. The company reserves its right to allow or to deny  the user registration.

 

5.      The company with respect to Article I. paragraph 7 and in connection with Article III. paragraph 4 reserves its right to cancel the user account at anytime.

6.      One person (physical or legal) is allowed to create and to use only one account. In case of violation of this rule, the company will automatically cancel each additional account of the user who has an account on the site already created.

  1. The users are obliged to provide complete and true and real data.
  2. The users are allowed to cancel their account on the site anytime.

9.      The company reserves its right to change the name of the user if it is identical or confusingly similar to the name of the company or service provided by the company. The company also reserves its right to change the username or to cancel the user account, if it interferes with the rights of other users or third parties.

10.   The registration process is related to user official agreement with General Terms & Conditions valid on our site. By registering on the website, the users confirm that they are properly aware of the content of GTC and thus they fully accept it and follow the GTC.

Article IV.

Create Advert.

  1. The products on the site are offered by the seller via advert, which is being activated after company´s approval.  The advert must contain specific and accurate information in order to be approved by the company.

2.      The seller is the only one who is responsible for the content of the advert. In case the content of the advert does not correspond with GTC regulations or with generally valid legal regulations valid in Slovak Republic  or it interferes with third parties rights, the advert will be deleted from the site. By deleting the advert, the seller´s responsibility according to specific legislation doesn´t vanish.

3.      The company continuously monitors and controls the content of the advert. If the advert contains inappropriate, inaccurate, incomplete, ambiguous or misleading information, the company reserves its right to delete such an advert from the site, without prior notice to the seller.

4.      The seller is obliged to identify the product which he offers for sale precisely. In case the seller is offering similar types of goods or variations of such products at a different price value, the seller is obliged to create a new advert for each product separately.

5.      Adverts must not contain contact information in text, photos or in profile. In case of violation of this condition, the adverts will not be approved by company.

6.      For  the purposes of quick adverts approval, the company reserves its right to amend the content of adverts, as for example deleting the contact information, classification under the appropriate category, etc.

7.      Creating the advert is free of charge.

8.      The advert becomes active by its publication on the site. There is no time limit in connection with expiration of the advert. The advert duration, e.g. the seller´s liability arising from the advert, is not limited by number of buyers who order the product, if not specified otherwise.

Article V.

Communication.

  1. Communication between the seller and the buyer is realized on site by using the so called short messages. Users use these reports mainly to exchange the information about the product details and orders.

2.      The users are also allowed to use the alternative methods of communication outside the site.

3.      It is not possible to create the order on the site through short messages or through the way, which does not correspond with the GTC regulations.

4.      In case the order established on agreement between the seller and the buyer, is different from what official GTC regulations allows, the company does not take the responsibility for any damage arising from such relation between the seller and buyer.

5.      The order can be created only through a binding ordering system on the site in a manner that is in accordance with the GTC. In case of violation of these conditions, the company does not take the responsibility for damages and does not participate in dispute resolution that may arise between the seller and the buyer.

6.      Any agreement or form of communication which indicates the intention of users to provide the sale and the purchase of products outside the site is a violation of the GTC regulations.

7.      The users who violate the rules by using methods described in preceding paragraph must be aware of the consequences of such a violation of GTC, which is the cancellation of the account.

8.      The company is not responsible for any damage caused to users as a result of misuse of personal data provided to each other, between the seller and the buyer within their mutual communication on the site.

9.      It is strictly prohibited to offer, promote, distribute or publish the products that are against the law. It is prohibited to distribute messages whose content is illegal or is in contrary with GTC regulations and it is prohibited to use the site space for activities which are against the law and GTC regulations. In case of discovered violation of these conditions, the account of the concerned user will be deleted. By cancellation the account,  the user´s responsibility according to specific legislation does not vanish.

Article VI.

The Purchasing and The Sale of Products on The Site.

 

1.      The seller is acquiring its level by selling the products on the site. If the seller manages to sell the product at in amount of 250, – EURO, he/ she is automatically moving to the next level. Thus obtained level remains valid for one year from the moment, when the value of products sold is at least 250, – EUR. The seller doesn´t lose this level during one year period even though the value of the products sold does not reach the amount of 250, – EUR. After this period, the seller enters the level which is corresponding with the actual value of sold products.

2.      “Profi Level” is the highest level that the seller can achieve. It includes the maximum benefits offered by the company.

3.      The seller may reach “Profi Level” by gaining three new customers who can sign up through the line generated by a seller. Validity of such obtained level and using benefits arising from it are guaranteed to the seller, who meets the above stated conditions, for one year period from the date of completion.

4.      The company does not specify a minimum or maximum price for a product offered on the site. The price agreement is an exclusive agreement between the users of the site and the company does not participate on this agreement.

5.      The buyer is obliged to pay the agreed amount for the product in advance. Paid amount will be inserted on a bank account of the payment system of intermediator until the purchased product is delivered by the seller, safely and on proper time.

6.      The seller receives the payment after the ordered product has been taken over by the buyer and the order on the buyer´s account has been marked as “done” respectively “completed”.

7.      Evaluation of the seller by the buyer shows the satisfaction of the buyer with the quality of products offered by the seller. The indicator of buyer´s satisfaction is the rating of the seller displayed as asterix. The higher is the number of stars, the bigger is the satisfaction of the buyer with the quality of the product, i.e., the more positive is the evaluation.

8.      The seller and the buyer can evaluate each other in the same way. The seller is evaluating the buyer in regards with means of communication and with providing necessary cooperation when handling the orders. The seller may express the satisfaction with buyer´s cooperation by number of stars. The higher is the number of stars, the more satisfied the seller is, i.e. the more positive the evaluation is.

9.      By concluding the contracts between users in othe way than by using the ordering system on the website shall be considered as serious break of GTC regulations. Such a serious break of GTC regulation may lead to cancellation of the account of the user who committed this violation.

10.   Reporting of such an activity described in the preceding paragraph by the user may be considered as a circumstance excluding from the consequenses of such an action (i.e., the company guarantees the so called” immunity” to a user who reported such an activity, it means his/her account will remain active and the user will still be able to use the services of the site.The iImmunity is only guaranteed to the user who first notifies such an activity, despite the fact he/she participated in the contractual relationship.

11.   Each contract between the users may be authorized exclusively via the site.

12.   If the users whose mutual contractual relationships were established by using the services outside the site, or have an interest in concluding contracts outside the site, they are obliged to inform about this intention the company in advance. The company mediates the conclusion of such a contract by taking all necessary care in regards with protecting the interests of users. In order to conclude the contract between the site users andf the third party who has no user status or with the site user, who are outside the site space, the company requires the fee compensation in amount agreed between the company and the user, the fee amount should not be lower than average remuneration fee  for concluding a particular contract type in the usual trade relation.

13.   The user who refuses to conclude a contract mediated by company, is authorized to conclude the contract with third party without the user status or with other users outside the site. However, he/she must inform the company in advance and is not entitled to conclude the contract before the company provides the draft contract mediated to that user. Here again, if the contract is concluded without the participation of a company as an intermediator, the company is entitled to receive compensation fee in amount described in the preceding paragraph.

14.   The users, by expressing an agreement with GTC regulations also undertake that any other related contracts, resulting directly or indirectly from already concluded contracts are concluded exclusively on the site. The conclusion of a contract between the users outside the site without the existence of a valid agreement between them will be considered as violation of this rule even if an agreement about the contract conclusion has been confirmed among the users through the messages without prior notice of the company  stated in paragraph 12 and paragraph13 of this Article.In cases of violation of these statements, referred in paragraphs 12, 13 and 14 of this Article, the company is entitled to ask for the payment penalty in amount of 50% of the value of the product covered by the contract. Despite the approval of penalty fees, the company doesn´t relinquish a claim for damages.

15.   The users by agreement with GTC regulations are expressing, in accordance with the Act. 122/2013 Z.z. about the protection of personal data and about amendments of certain laws of company, their agreement with the use of personal information provided by them during registration process for the purposes of contacting and informing the users about the interests of a third party to conclude the contract with them in accordance with paragraphs 12, 13 and 14 of this Article.

16.   In case the buyer is also the consumer, the buyer is entitled to apply, according to the contractual relations between the seller and buyer, the provisions of Law no. 250/2007 Z.z. about the consumer protection and the amendment to the law of  Slovak National Council. 372/1990 Coll. about misdemeanors, as amended, and Act no. 102/2014 Z.z. about consumer protection when selling the goods or providing services based on the contract concluded as distance contract or the contract concluded out of the seller´s premises and about amendments to certain laws. The seller is responsible for keeping the conditions of these laws.

Article VII.

The Checking Process of Service Products. 

1.      The company recommends to offer and to use the service products with a positive evaluation.

2.      In case of a negative evaluation of products with services character, providing of such a service will be suspended. The user is entitled to offer the product again only after its implementation has been reviewed and approved by the company as “likely to offer” and after removing gaps and making correction by the user. If the shortcomings are not removed, such services on the site will be blocked by the company.

3.      The verification of the product with service character according to the preceding paragraph is being performed by the user, according to the contract concluded between the user and the company. Performance of such control, for the purposes of GTC regulations, is considered as “live services”. Contracts concluded for the purposes of this paragraph are understood as an agreement between the company and the user who is offering and providing ” Live services “consisting of the activity enabling the company to control the service product.

4.      The user according to the preceding paragraph of this article offers a product with service character consisting of activities enabling to make inspection by the company in accordance with paragraph No 2 of the article, through advertis on the site. In this contractual relationship, the seller acts as the user and the company as the buyer.

5.      The specific nature of the contract in accordance with paragraph No 3 of this article is concluded between the company and the user according to section 4 of this Article in order to control the nature of service products in accordance with paragraph 2 and paragraph 3 of this Article. The company addresses the user who meets the requirements of paragraph 4 of this article by sending an e-mail to the address of the user. The content of the agreement, method of implementation, the possibilities of withdrawal, payment and other terms of the agreement as well as the user’s amount of remuneration is a matter of agreement between the company and the user..

6.      The company acts in such a contractual relationship according to paragraphs 2 through 5 of this Article, as the purchaser with a special status, who is neither the user nor the site operator. The seller acts as a user in accordance with paragraph 4 of this Article.

7.      If there are specific skills, knowledge or authorization required for an activity focused on the check of the service product from the company´s side, in accordance with paragraph 3 and following paragraphs of this articles, the user is the only authorized person who is entitled to perform this inspection and who fulfills this condition. The user is obliged to prove the decisive facts on company´s demands. In case the user refuses to prove the decisive facts or will not prove in a reliable manner, the company can not conclude the special kind of contracts according to this article. In case if it is closed, the contract is invalid.

8.      The user takes responsibility for the decisive facts in accordance with paragraph 3 of this Article. If proved otherwise, the user account wil be canceled. Despite the cancellation of the account, the user´s liability for the damages is not vanishing.

9.      The conditions of the GTC regulations connected with the contractual processing between the buyer and the seller, relationships between them and the provisions concerning the rights and obligations of users, can not be used in any kind of relationship arising from the contract under this Article.

10.   The company checks the service products only in case of negative evaluations, with long time duration. The company doesn´t check positively evaluated services.

Article VIII.

An Order.

 

1.      The company is publishing an authorized  adverts containing list of offered products on the site. The buyer by agreement with the GTC also takes into consideration that ordering of the product is linked with  the obligation to pay the price of the product stated in the advert.

2.      Each buyer is entitled to order any number of products, if not stated otherwise in the advert.

3.      Ordering the product is carried out via the site, by using steps, methods and procedure stated in GTC regulations.

4.      Once the product is ordered, the contract has been concluded between the seller and the buyer on the site,  in order to buy the product.

5.      The buyer selects  a product, places an order and chooses the payment method for the product. Afterwards he completes the order.

6.      Ordering the product becomes binding from the moment of order confirmation by pressing the button “Book the order” in acordance with the procedure stated on the site.

7.      Cancellation of the order is carried out exclusively through the company customer service. The buyer is entitled to cancel the order from the moment the order has been booked until the moment the money for purchasing are inserted by the buyer on the account of the company. The company does not inform the seller about the order cancellation under these conditions.

  1. It is not possible to cancel the order after payment of the product.

9.      The order is being activated after successfull Money transfer. The order is immediately activated after payment card or via internet payment system PayPal. In case of bank transfer, the order becomes activated at the moment of crediting the funds representing the price of the product into a deposit, on behalf of the company.

10.   After successful completion of the ordering, the buyer will obtain the order confirmation on e-mail address provided during registration of its account. The seller receives the notification of new order together with the proof of payment of the product by the buyer to the email address provided during registration of its account. When choosing the payment method –  payment transfer option- the seller receives notification about the new order,  after crediting of the funds representing the price of the product on the company’s account.11.   The contract between the seller and the buyer shall be considered as concluded by accepting and confirming the notification of the new order by the seller. From that moment the seller and the buyer are bound by the terms agreed in the ordering.

12.   The buyer acquires the ownership of the product from the moment the product is delivered to the address stated by him in a way that the buyer selected as way of the product delivery or the delivery process agreed between the seller and the buyer. The official document which proofs the ownership of the product to the buyer is an invoice issued by the company, that will be delivered to the buyer together with the ordered product  the latest

Article IX.

The Contract Withdrawal.

  1. The seller when performing the contract, is obliged to respect the conditions stated in the advert. If the seller fails to comply with these conditions, the buyer has the right to terminate the contract. The company is not responsible for keeping the conditions stated in the advertisement by the seller. The company is not responsible for damages caused by violation of these conditions stated in the advert.

2.      The withdrawal is possible within 14 days from the time of delivery of the product

3.      The withdraw is being authorized by both, the seller and the buyer. In case the contract is cancelled by the seller without a relevant reason, the seller must be aware of negative evaluation to be given in regards with the quality of offered product. In case the contract is cancelled by the buyer without a relevant reason, the buyer must be aware of negative evaluation in regards with the quality of offered product

4.      The seller is entitled to cancel the contract in the following cases:

a)      If  the seller is unable to fulfill its obligation agreed in the contract properly and on time due to failure caused on buyer side

b) if the stock inventory is sold out or if the service products are unavailable due to a limited number of products listed in the advert

c) if due to the failure of the third party, it is not possible to deliver the product and the seller is  unable to fulfill its obligations and due to this fact it is not possible to request  the fulfillment of the obligations from the seller.

d) if the buyer cancels the user account

  1. The buyer has the right to cancel the contract in the following cases:

a)      if the seller does not keep the conditions of the service products described in the advert.

b)      if the seller fails to deliver the product to the buyer on timec)      anytime during the handling of the order if the seller does not provide certain part of the required product, though it is clear from the character of the product that it is carried out in portions.

d)      If the user account of  the seller has been blocked or cancelled11.   The withdrawal from the contract is being made by users immediately after they learned about the reason for the withdrawal, the possible latest date for withdrawal is the time limit stated in paragraph 2 of this article, the process is usually followed by filling in the form available on the site. The withdrawal form is available HERE.

12.   By withdrawal from the contract the seller loses the right for payment remuneration for the product from the company´s account.

13.   The seller and the buyer are obliged to handle the mutual needs and demands coming out  from the contract withdrawal by themselves. The company does not intervene in these relationships in no way and is not responsible for meeting the user´s requirements and for damages occurred in this respect.

14.If the buyer is a consumer as well, the buyer is entitled to apply in regards with the withhdrawal from the contract, the provisions of Law no. 102/2014 Z.z. about the consumer protection when selling goods or services on the basis of the distance contract or contracts negotiated out of business premises of the seller and about the amendment of certain laws. The seller is responsible for keeping the conditions of this law in connection with the termination of the contract.

Article X.

The Payment Conditions.

 

1.      The payment of the orders may be performed in one of the following ways:

  1. Via bank transfer
  2. Via credit card ( over 10 Euro)
  3. Through the internet payment system – PayPal

 

2.      The company does not allow to make the payment in any other way than described in the preceding paragraph of this article.

3.      The price of the product is the amount that is listed in the advert as the price of the product.  Payments of the product price may be realized exclusively through the company´s payment system on the website.

4.      The company is not the payer of the value added tax under the Act no. 222/2004 Z.z. about the Value Added Tax, as amended ( hereinafter „VAT“). Part of the amount allocated to the seller will not be increased by the amount of VAT.

5.      It is strictly prohibited  to offer or to provide any other form of payment of the product price than those stated in the GTC regulations.

6.      It is strictly prohibited to provide the payment of the product in any other way than in the manner stated in paragraph 1 of this article, for example via sending the amount of money directly to the personal account of the seller. If the seller asks for an alternative form of payment of the product, which is prohibited by GTC, it is necessary, in order to protect other sellers and buyers, to inform the company about it HERE.

7.      In case of violation of these rules stated in paragraphs 5 and 6 of this Article by the seller or the buyer, the company will cancel the user accounts either on the side of the buyer or the seller.

Article XI.

The Comissions System.

  1. The company is entitled to remuneration for the services provision and the usage of the services on the site related to the site operation in the form of a percentage commission from the amount listed as the product price in the advertisement. Amount of the commission depends on the status level or on obtaining the status on the site. More detailed information can be found in the “user level” section described on the site. (https://knowenger.com/level-uzivatela).
  2. The seller takes into consideration that the price of the product stated in the advert is the price without commission.

3.      The company’s entitlement to commission arises at the moment of conclusion of the contract between the seller and the buyer in accordance with Art. VIII. Point 11. GTC

4.      The seller is ableto watch the amount of commission for every sold product under the section “Commissions” within its user account. The section “Commissions” contains the list of commissions belonging to the company with exact amount and date of commission from each product that has been sold.

5.      Settlement of commissions is realized by company at the moment of confirmation the order between the buyer and seller. If the order is done properly and on time, the buyer confirms the order by pressing the button “Done” in the list of orders on its user account. The seller confirms the order execution at the moment of the order performance, by pressing the button “Completed” in the list of orders on its user account.

6.      From the moment of order confirmation by using a method according to preceding paragraph the commission is being transferred on the company´s account and the seller is entitled to receive the amount corresponding with the product price lowered in company´s commission fee.

7.      The remuneration of the seller under the preceding paragraph of this Article is performed by the application for money withdrawal available HERE. The seller remuneration will be transferred on the account specified by the seller within 72 hours from the moment of receipt of the verification e-mail that will be sent automatically to the seller after filling in the application form for remuneration.

8.      The remuneration, as stated in paragraph 7, is possible to transfer on the bank account or PayPal account Before choosing the method of transfer to a PayPal account, it is necessary the seller verifies if the PayPal account is able to receive the payments. The seller is responsible for verifying the PayPal account himself. In case of any complications, the company is not responsible for the damages caused due to the payment of remuneration on the PayPal account.

9.      The process of refunding the buyer after the contract withdrawal is being held through the refund request, available HERE. The company does not compensate the implemented payments, if the amount is less than 5 EURO. In this case the funds will be converted to credit that will be credited to the user account of the buyer which may be used for further purchases on the website.

10.   If this is not the case stated in the previous paragraph, the payment of remuneration from the buyer is realized as indicated in paragraph 8 of this Article.

 

Article XII.

The Product Delivery and the Shipping Methods.

  1. The seller is obliged to provide the delivery of the product to the buyer, at his own expense.

2.      The seller is entitled to require from the buyer the information about the delivery address, in case the third party is needed when deliverying the product, for example via post office. The seller is entitled, due to additional costs for product delivery, to add the shipping costs to final the price of the product.

3.      Terms and methods of the product delivery are exclusively stated in an agreement between the buyer and the seller. The company doesn´t participate in this agreement.

4.      The company is not responsible for product delivery conditions agreed between seller and buyer. The company also doesn´t take the responsibility for any consequences arising from the agreed terms or damages occurred in the service performance between the seller and the buyer based on the conditions agreed in advance.

5.      If the document is considered as service product, containing data or other information transmitted via internet or via a storage device for transferring the data,the seller is obliged to protect such a data against viruses. The company is not responsible for damage arising from the improper use of the website, insufficient product security containing the data information, or the damage caused to a buyer or to a seller by transmitting these data.

Article XIII.

Additional Services of the Company.

1.      The company allows the buyer to use the additional service “Assistance withn selection”.

2.      By using the service “Assistance with selection” the company offers to the buyer through the messages sent on his/ her email address, the option to choose from at least four sellers, depending on the specifications of the order and the details stated in the advert.

3.      The sellers, who will be recommended by company to buyers, will be chosen by company according to the nature of the products in which the buyer is interested in and also according to previous evaluations of satisfaction with the products quality offered by these selected sellers.

4.      A group of sellers selected by the company has purely recommendatory character. The buyer is not obliged to choose a product from the seller selected by the company.

5.      The buyer’s right to choose the seller will not be affected by using additional service “Assistance with selection”.

Article XIV.

Specific Characteristics of Certain Service Products. 

1.      If the product has the service character, the seller is entitled to provide such a service through a third party.

2.      The seller, by agreement with the GTC regulations, also declares that all the relations with third parties, who help with the order performance, are being settled.

3.      The seller by agreement with GTC regulations also declares that third entites and devices through which the order provision is performed and who are authorized and fully capable to provide the required services, are all verified and trustworthy.

4.      The seller is obliged to show and issue the confirmation proving the facts stated in paragraph 2 and 3 of this Article if requested by buyer, before the implementation of fulfillment arising from the order.

5.      In case of violation of the obligations stated in paragraph 2 and 3 of this Article, the seller is responsible for the damage caused to the buyer in this respect.

Article XV.

Live Service.

1.      “Live Service” is the product with a service character, which is  offered by the seller in the advert and is specifically identified as ” Live Service”.

  1. The seller is obliged to perform „Live Service“ personally, in its own name, on its own responsibility.

3.      The seller is not entitled to carry out or to arrange the fulfillment resulting from the “Live Service” through the third entity, unless it is agreed between the seller and the buyer. This does not apply for the “Live Service” product which is categorized as the subject serving for protection of the rights of the intellectual property.

4.      As “Live Service” in accordance with GTC regulations, can also be considered the service provided by the seller online, via internet or via other means providing the service performance, which is the subject of “Live service” in real time.

5.      If the subject of “Live Service” is an activity, which requires special skills, knowledge or permission, only the authorized user who fulfills those conditions is entitled to offer this service. The seller is also obliged to prove these facts to a buyer in a trustworthy way (e.g. by providing a certificate, diploma, permissions, licenses, etc.).

6.      To meet the conditions stated in the preceding paragraph, the seller is obliged to inform about its skills in the advert.

7.      The seller is responsible for the truthfulness, accuracy and completeness of relevant facts.

8.      In case of violation of obligations under this article in accordance with GTC regulations, the seller is responsible for any damage caused to a buyer in this respect. Despite this fact, the responsibility of the seller under specific legislation is not vanishing.

9.      The contract, with the subject of “Live Service” is related with these GTC regulations, except for “Live Service” under Art. VII. Point 3 of these GTC regulations.

Article XVI.

Responsibility for Defective Products.

 

1.      The seller is responsible to ensure that offered product have properties which are listed in the advert on the site and that it will be delivered to the buyer on time, in a quality and quantity in accordance with the advert and based on the order of the buyer.

2.      The company is not responsible for fulfilling the obligations of the seller in accordance with paragraph 1 of this Article. The company is not responsible for the damage caused to a buyer due to seller´s violation of duties stated in paragraph 1 of this Article.

3.      If the product ordered by the buyer does not have the required properties stated in the advert on the site, the buyer is entitled to be compensated in the form of remedy.

4.      The company does not participate in the contract between the seller and buyer and thus is not responsible for the fulfillment of obligations arising from the contract.

5.      The company is not responsible for defective products offered and provided by the seller. The seller is the only person who is solely responsible for these defetcs.

6.      The buyer is entitled to apply its rights arising from responsibility for defects on the side of the seller.

7.      The buyer shall notify about the defective product (i.e. the so called claim for complaint) through e-mail address – support@knowenger.com, immediately after the defect has been detected. The claim for complaint of the buyer shall be notified by a company on the e-mail address of the seller. The seller is obliged to settle the complaint within 30 days from the date of dispatch.

8.      The buyer, who meets the conditions of § 2, point 1 point. a) of Act no. 391/2015 Z.z. about an alternative resolution of consumer disputes and on the amendment of certain laws (hereinafter “The Act on ADR”) has the right to contact the seller with request for remedy if not satisfied with the way the complaint has been settled or if it is considered as violation of its rights.

9.      The buyer who meets the conditions under the preceding paragraph, is entitled to initiate an ADR alternative dispute resolution, if the seller responded to the request, stated in the previous point, negatively or if the seller did not respond within 30 days from the date of dispatch at all.

10.   Relations between users resulting from liability for defects shall be governed by generally binding legal regulations valid in the Slovak Republic, in particular the provisions of Law no. 40/1964 Coll.  Civil Code, as amended and in the case of users – entrepreneurs, provisions of Law no. 513/1991 Z.z. Commercial Code.

Article XVII.

The Disputes.

 

1.      The seller and the buyer try to handle the disputes, caused from mutual relations, usually in a way of mutual communication, or by providing necessary collaboration to alleviate any dispute. If the support by the company is needed, the seller and the buyer are allowed to contact the company by sending a notice of the dispute available HERE.

2.      The notice of dispute must contain all the required information and details about the dispute and this notification must be justified, otherwise it is considered as unfounded. The company does not inform the user about this fact.

3.      The company has to be informed about the reasons of dispute between the users and will send the notice of dispute via e-mail address to other party. The other party is obliged to respond to the notice of dispute within 7 days from the date of delivery. In case of delayed response or in case the user does not respond at all, it is being considered as the confirmation of the dispute and the judgment is given in favor of the notifier. The users by agreement with the GTC regulations, also take into consideration these facts, agree with this approach and at the same time undertake to respect it fully. After receiving response from the other party, the company informs both parties about the outcome of the dispute in the form of message sent to the e-mail address of both users. The outcome of the dispute is also available in the section called “The Disputes” under the user’s account.

4.      In case the users turn on the company with request for assistance in resolving the dispute, they take a note and agree with the fact that the company has crucial position when resolving the dispute.

5.      The company´s decision about the dispute is available in “The Disputes” section under the user’s account.

6.      In case, the users do not agree with the company´s decision about the dispute, they are entitled to resolve the disputes between them through the court. The user, in order to  express its disagreement with the decision of the dispute, goes to “The Dispute” section in a particular case and presses the button “I disagree with the outcome of dispute”

7.      The company is not allowed to provide the user personal data to other users, unless the user who disagrees with the outcome of the dispute, is interested in the resolution of this dispute through the courts. In this case, for these purposes, the company is entitled to provide the necessary data to the user who is authorized to initiate court trial. The affected user by agreement with the GTC regulations, at the same time gives to the company the permission to provide the information to the authorized user for this purpose in accordance with the Act. 122/2013 Z.z. on the protection of personal data and on amendments to certain laws.

8.      The interest in starting the court trial against the affected user is being notified by the authorized user HERE.

9.      During the court trial, the paid amount of funds is withheld on account of the payment system of the company. Consequently, on the basis of final and enforceable decision about the dispute, the company will send the withheld funds to the user who won the dispute, in accordance with a court decision.

10.   The seller, who is participant of the court trial, the subject of which is the dispute between the users of the site, is not authorized to offer and to sell products on the site, until the final decision on the dispute is made. During this period, the user account of the seller will be temporarily blocked and the seller will be enabled to post new adverts and to conclude the new contracts with buyers.

11.   If the account of the seller has been blocked immediately after the order confirmation from the buyer side, the company is obliged to inform the buyer about this fact in the form of message sent to the email address of the buyer.

12.   If the buyer, despite the notification of the company about the situation, agrees with the order implementation, he/ she must be aware of the risks and possible complications when processing the order from the seller side. In such a case the company is not responsible for damages arising from this situation caused to a buyer. The buyer in this case is not allowed to open a dispute with the seller for reasons related either directly or indirectly with the temporary blocked account of the seller or with other facts resulting from this.

Article XVIII.

The Rules of Conduct of The Site Users.

 

1.      The users are obliged to use the website in accordance with its purpose and GTC regulations as well as in accordance with good morals and generally binding legal regulations valid in the Slovak Republic.

2.      The users are obliged to avoid any activities that should or could affect the proper operation of the website.

3.      The users must not harm the company´s reputation and the rights of other users, including third parties.

4.      The users must not interfere with the use of the site in any way or block other users and other entities from the use of site in accordance with its purpose and GTC regulations.

5.      The users must not interfere with the content or technical state of the website or with its security.

6.      The users must not create false accounts and send false messages to other users. It is strictly prohibited to spread computer viruses to other users through the messages.

7.      The users must not disrupt the integrity and security of the data on the site, attempt to enter the data information containing data about other users, attempt to break into a site database or use the website to send out junk messages (spam) and chain messages.

8.      The users are responsible for all the acts and operations performed by them on the site.

9.      The users are required to inform the company if there is any suspicion of misuse of their account or the account of another user. The users may inform about this fact through e-mail or directly HERE.10.   Each seller has the information duty in relation to the buyer regarding the product offered by him/ her. If the buyer is a consumer, the seller is responsible for fulfillment of the information requirements in relation to the buyer arising from the Act. 250/2007 Z.z. on consumer protection and on the amendment of the Slovak National Council. 372/1990 Coll. on misdemeanors, as amended, and Act no. 102/2014 Z.z. on consumer protection when selling goods or services under a distance contract or the contract concluded outside the premises of the seller and on amendments to certain laws. The seller is responsible for keeping the conditions of these Acts.

Article XIX.

Protection of Intellectual Property, Protection of Rights and Privacy

1.      The company does not check the user content in order to find out the violation of intellectual property rights.

2.      In case, there is a content that interferes with the rights of the intellectual property of third parties, the company will automatically delete such a content from the site without notifying the user who had published such a content on the site. Even though the user content has been deleted from the site, the user’s responsibility under special regulations is not vanishing.

3.      In case of detection of violation of the intellectual property, the users are obliged to inform the company immediately HERE.

4.      The user is responsible for ensuring that its content published on the site doesn´t violate the intellectual property rights of other users or third parties.

5.      By providing the personal data, respectively by filling in the registration form, the user gives the company an agreement for its processing. The agreement is granted under the relevant provisions of Law no. 122/2013 Z.z. on the protection of personal data and on amendments to certain laws.

6.      In accordance with the preceding paragraph of this Article, the user gives an agreement in accordance with GTC regulations. The company is authorized to process the user data for the purposes of payment of funds, other marketing processing and sending of the advertising information via e-mail messages to the user address. The agreement is mainly related with the use of data, concerning the  name, surname, address and photographs or images in the media and on websites.

7.      The company guarantees that personal user data are not provided to any person, except the case declared in Art. XVI. Section 7. GTC.

8.      The user gives to the company the agreement to store and process its personal information free of charge and unconditionally. The user informations are necessary for the operation of the user on the site. All the users rights, in relation with the processing its data, are declared in the Act on protection of personal data.

9.      The user gives an agreement to the processing of personal data voluntarily, with no time limit, but for no longer period than it is necessary for the purposes of the processing of personal data and can be called off at any time in written form, by sending registered letter addressed to the company. The company is entitled to process the provided data from affected person until further notice

Article XX.

The Final Statements.

 

1.      The GTC regulations are prepared in accordance with generally binding legal regulations valid in the Slovak Republic.

2.      The rights and obligations in accordance with GTC regulations are managed by the statements of the Civil Code and Commercial Code, except the cases when the user applies the consumer protection regime in accordance with the relevant legislation.

3.      If some statements of these GTC regulations or its part become invalid, ineffective or               unrealisable, the statement which approaches to invalid statement regarding its              content and purpose the most, can be used instead. This does not affect the validity and              enforceability of the remaining statements of the GTC regulations.

4.      The company reserves its right to provide any changes in the GTC regulations without prior agreement of the users.

5.      The validity and effectiveness of the GTC regulations, including its changes starts from the date of its publication on the company’s website.

6.      The singular and the plural, as well as the male and female gender used in the GTC regulations are mutually interchangeable and interpreted in a logical way.

7.      The GTC regulations represent an integral part of each contract concluded between the seller and the buyer on the site. The users take these facts into consideration and commit to accept it fully by agreement with the GTC.

  1. The users confirm the agreement with GTC regulations and its full acceptation by its registration.

The Knowenger company Ltd.. is the site operator of the site www.knowenger.com.

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