Terms and conditions

1. Introductory provision

These general terms and conditions (hereinafter referred to as "GTC") apply to the conclusion of purchase contracts via the Internet, via the e-shop located on the website www.fister.sk. The GTC further define and specify the rights and obligations of the seller (hereinafter referred to as the "operator")
and the buyer (hereinafter referred to as the "customer"). All contractual relations are concluded in accordance with the law of the Slovak Republic. If the contracting party is a consumer, relations not regulated by these terms and conditions are governed by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is not a consumer, relations not regulated by the terms and conditions are governed by the Commercial Code, No. 513/1991 Coll., all as amended.

  • Store operator: FISTER CRYSTAL, sro, with registered office at Široká 4286, 058 01 Poprad – Veľká
  • ID: 538 07 626
  • registered in the Commercial Register of the District Court Prešov, section: Ltd., file no. 42272/P

2. Definitions of terms

The terms defined in this Article 2., for the purposes of these GTC, have the meaning set forth in the following paragraphs of this Article.

2.2. E-Shop.

E-Shop is an online store located on the website www.fister.sk, enabling the purchase of goods on the said website.

2.3. Registration.

Registration is the completion of an electronic form containing fields for filling in the buyer's data, including personal data. Data marked with an asterisk are mandatory data, the completion of which is necessary for successful registration. Registration is not a prerequisite for using the E-shop, but it is associated with certain benefits provided by the E-shop (a simpler shopping process when making repeat purchases, the ability to track the status of your orders and keeping a history of viewed products).

2.4. Buyer.

The buyer is a natural person with legal capacity or a legal entity who has expressed an interest in purchasing goods through the E-shop and concluding a purchase contract with the operator regarding the goods offered through the E-shop, and who has duly completed and sent a binding order through the E-shop for this purpose, and delivered it to the operator. The buyer of a legal entity is represented by its statutory body or authorized representative.

2.5. Authorized person.

An authorized person is a person, other than the buyer, specified in the binding order as the person to whom the ordered goods are to be delivered. The indication of the name of the authorized person in the order form is considered as his/her authorization to take over the ordered goods.

2.6. Order form.

The order form is an electronic form containing mainly the personal data of the buyer or authorized person, the designation of the ordered goods, the purchase price of the ordered goods including VAT, the place of delivery, the method of delivery (transportation) of the goods and the price for delivery (transportation) of the goods to the place of delivery.

2.7. Current product offer.

The current offer of goods is the offer of goods published on the website www.fister.sk, which contains mainly a text description of the goods (e.g. title, name of the author, publisher/producer, etc.), and information about the current price. Changes to the current offer of goods (including price changes) are effective from the moment of their publication on the website www.fister.sk. This change does not apply to purchase contracts concluded before the relevant change to the current offer of goods.

3. Ordering goods and concluding a purchase contract

3.1. All orders placed through the E-Shop www.fister.sk are binding.

3.2. Placing an order means its creation, approval and binding confirmation by the customer, by which he confirms and declares that:

  1. has read the GTC, which are an integral part of the purchase contract, and that he/she agrees with them
  2. has read the complaint procedure, which is an integral part of the purchase contract, and that he/she agrees with it
  3. was informed about the possibility of withdrawing from the purchase contract
  4. grants unreserved consent to the processing and use of his/her personal data in accordance with Act No. 122/2013 Coll. on the Protection of Personal Data and on the Amendment of Certain Acts (hereinafter referred to as the "Act on the Protection of Personal Data") and these GTC, and in the event that the Customer also provides personal data of the authorized person, that he/she does so only with his/her prior written consent, which he/she is able to demonstrate to the operator at any time upon request
  5. all the data provided by him/her are true 3.3 The condition for the validity of the order is the completion of all forms and the completion of all data marked as mandatory.

3.4 The sent order for goods is a proposal to conclude a purchase contract submitted by the customer.

3.5 The Buyer is obliged to provide correct registration data, in particular the full postal address to which the goods are to be sent.

3.6. Acceptance of the proposal to conclude a contract (hereinafter referred to as "order confirmation"). Order confirmation is a timely written statement by the operator addressed to the buyer, in which the operator confirms that it accepts the buyer's order. Timely order confirmation becomes effective upon delivery of the order confirmation to the buyer to the e-mail address specified
in the order form. Silence or inaction of the operator does not mean confirmation of the order. The operator is entitled to reject the order even silently, or without giving a reason, and the buyer does not thereby have the right to conclude a purchase contract.

3.6 The purchase contract is concluded at the moment when the order confirmation comes into effect, i.e. at the moment of delivery of the order confirmation to the buyer at the e-mail address specified
in the order form. The subject of the concluded purchase contract is the operator's obligation to deliver the ordered goods to the buyer to the place of delivery designated by him and the buyer's obligation to take over the goods at the place of delivery at the agreed time and pay the purchase price and shipping costs.

3.7 Any change to the order after the conclusion of the purchase contract is a proposal to change the content of the purchase contract and is possible only after mutual agreement between the buyer and the operator. The operator is not obliged to accept a proposal to change the content of the purchase contract.

3.8 Ownership of the goods passes to the buyer upon payment of the purchase price and receipt of the goods.

3.9 The order expires:

  1. rejection of the order by the operator,
  2. due to the futile expiration of the 5-day period for order confirmation

4. Purchase price of goods

4.1 The customer can check the prices of the goods for individual items of goods. Prices for shipping and other fees are displayed as a separate item when placing an order. All prices are listed
in euros with VAT.

4.2 Before sending the order, the total price for the goods will be calculated, including fees related to the delivery of the goods and the method of payment for the goods, which are not included in the purchase price of the goods, and the customer will be asked to approve them.

4.3 All promotions are valid while stocks last, unless otherwise stated for a specific product.

4.4 For each delivery of goods, the seller will issue a payment receipt, which will be sent to the buyer upon request together with the goods, or electronically.

4.5 The customer chooses a specific payment method according to the options listed when ordering in the "basket" section, namely payment to the delivery person upon receipt of the goods ("cash on delivery") or payment by card.

4.6 Each order is binding (Civil Code § 544-545, Act No. 40/1964 Coll.) according to our general terms and conditions (GTC).

4.7 The buyer's obligation to pay the purchase price is fulfilled when the purchase price is credited to the account of FISTER CRYSTAL sro operating www.fister.sk stated in the order confirmation or by handing over the purchase price to the courier or Slovak Post.

5. Delivery time, transport and delivery of goods

5.1 The delivery period begins on the day of receipt of a binding order, provided that the customer provides the seller with all documents necessary for the timely processing of the order. As a rule, the goods are delivered within 7 working days. However, delivery periods may vary depending on the availability of the goods: Availability Delivery period In stock The goods are out of stock and packed within 2 working days after receipt of the order Sold out The goods are currently not available and we have no information from the supplier when they will be available again Made to order The goods are out of stock within 5-21 days, depending on the supplier's delivery periods

5.2 In the event that the ordered goods are not in stock or cannot be delivered to the carrier
within the agreed period, both the seller and the buyer have the right to split the order or withdraw from the purchase contract (binding order). If the goods have already been paid for by the customer at the time of withdrawal, the money will be returned to the customer no later than 14 days from the date of mutual agreement or in another, mutually agreed manner. In the case of payment by credit/debit card, the refund period may be extended depending on the bank's procedure for canceling the payment.

5.3 After completing the order, the goods are ready for shipment and an invoice will be attached to the shipped goods. The shipment is sold to the carrier depending on the type of transport chosen by the buyer when ordering and will be delivered according to the deadlines specified with the selected carrier (for which the carrier is responsible) to the place of delivery.

5.4 The place of delivery is the address that the buyer specified in the order as the place of delivery.

5.5 The buyer can choose the method of transporting the goods to the place of delivery in the process of ordering the goods after marking the goods and entering the place of delivery.

5.6 Methods of transporting goods to the place of delivery:

  1. Package – pick-up point – package sent within 3 business days of completing the order. The shipment is stored for 7 calendar days at the selected pick-up point, where the buyer can pick it up during the branch's opening hours.
  2. Package – a package sent to the address within 3 business days of completing the order. Delivery of the shipment by courier to the specified address in the Slovak Republic.

5.7 Information on the price of transport (postage) and the usual duration of transport to the place of delivery is always indicated for a specific type of transport of goods. Postage prices are indicated in euros including VAT and apply only to sending ordinary shipments to Slovakia and when sending the entire order in one shipment. When dividing the order and sending it in several shipments, the total postage may be higher, of which the buyer will be informed in advance.

5.8 The obligation of FISTER CRYSTAL sro, operating www.fister.sk, to deliver the goods is fulfilled by handing over the ordered goods to the buyer or an authorized person at the place of delivery. Together with the goods, the buyer also receives an accounting document - an invoice, which also serves as a warranty certificate.

5.9 If the buyer does not take delivery of the goods and the goods are returned to FISTER CRYSTAL sro, FISTER CRYSTAL sro is entitled to withdraw from the purchase contract and demand reimbursement from the buyer of the costs of transport and packaging related to the unsuccessful delivery of the goods.

6. Order cancellation and withdrawal from the purchase contract

6.1 As long as the order has not yet been paid for and has not yet been shipped, the customer may cancel the order via e-mail or by telephone without charging any penalties.
If the order has already been paid for and has not yet been shipped, FISTER CRYSTAL sro will refund the customer within 14 business days, or in another mutually agreed upon manner.

6.2 The buyer has the right, pursuant to Act No. 102/2014 Coll. (Act on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Selling Contract or a Contract Concluded Outside the Seller's Business Premises and on Amendments to Certain Acts), to withdraw from the contract within 14 days of receipt of the goods. Return of the goods after this period will not be accepted. If he so decides, he shall contact the seller to request withdrawal from the contract, stating the order number, name and date of purchase. He shall send the said goods back within the specified period to the seller's address: Široká 4286, 058 01 Poprad – Veľká. However, pursuant to the Act on Distance Selling of Goods, the buyer may not withdraw from a contract, the subject of which is in particular:

  1. the sale of goods made to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer;
  2. sale of goods that are subject to rapid deterioration or spoilage,
  3. sale of sound recordings, video recordings, audiovisual recordings, books or computer software sold in protective packaging, if the consumer has opened this packaging,
  4. sale of periodicals, with the exception of sales based on a subscription agreement,
  5. provision of electronic content other than on a tangible medium, if its provision began with the consumer's explicit consent and the consumer declared that he was duly informed that by expressing this consent he loses the right to withdraw from the contract

6.3 If goods were delivered separately within one order, the withdrawal period begins at the moment of receipt of the goods that were delivered last.

6.4 The customer has the obligation to withdraw from the contract exclusively in writing (letter, email), which follows from Section 12 of the Act on Consumer Protection in Mail Order Sales (Act No. 108/2000 Coll.).

6.5 Returned items will not be accepted for cash on delivery. The costs associated with returning the goods are borne by the customer. We recommend sending the goods as an insured shipment and choosing appropriate packaging, as the seller is not liable for any loss or damage to the shipment during transport.

6.6 However, this provision of the law cannot be understood as a possibility of lending goods free of charge. In the event of exercising the right to withdraw from the contract within 14 days of taking over the performance, the buyer must return to the seller everything he has acquired under the purchase contract. If this is no longer possible (e.g. the goods have been destroyed in the meantime), the buyer must provide monetary compensation as a countervalue for what can no longer be returned. If the returned goods are only partially damaged, the seller may exercise the right to compensation for damages against the buyer and offset his claim against the returned purchase price. In such a case, the seller is obliged to prove the damage incurred. In such a case, the seller shall only refund the purchase price thus reduced to the buyer. In addition, the seller may offset his actual costs associated with returning the goods against the purchase price to be refunded to the buyer. If all of the above conditions for returning the goods are met, the money for the goods will be returned to the buyer by transfer to his account, no later than 30 working days after physical receipt and inspection of the goods. If any of the above conditions are not met, we will not accept withdrawal from the consumer contract and the goods will be returned at the sender's expense.

6.7 FISTER CRYSTAL sro is entitled to withdraw from the purchase contract mainly for the following reasons:

  1. if the buyer does not receive the ordered goods from the courier on the agreed date for reasons other than those on the part of FISTER CRYSTAL sro
  2. if the buyer does not collect the ordered goods at the relevant post office within the specified collection period,
  3. if FISTER CRYSTAL sro is unable to deliver the goods, in particular because the goods have been sold out, are no longer produced or supplied and the seller is unable to procure them otherwise,
  4. if the price at which FISTER CRYSTAL sro purchases the goods has changed significantly

6.8 FISTER CRYSTAL sro's withdrawal from the contract is effective on the day the withdrawal is delivered to the buyer, with the proviso that delivery of the withdrawal from the contract in the form of an e-mail is sufficient for withdrawal.

7. Warranty period and complaints procedure

7.1 Goods purchased in the online store www.fister.sk are subject to a statutory warranty period of 24 months. The warranty period begins on the date of receipt of the goods by the buyer. The warranty applies only to manufacturing defects. The warranty does not apply to improper handling or storage by the buyer.

7.2 The buyer is obliged to inspect the goods immediately after receiving them. If damage is detected to the product packaging, the buyer shall check the condition of the goods and, in the event of damage, have a damage report drawn up in the presence of the carrier. The buyer has the right not to accept a visibly damaged shipment. The carrier is responsible for damage during transport, all goods are insured. By signing the consignment note, the buyer agrees to accept the shipment and confirms that it has arrived without visible damage.

7.3 A complaint is justified if:

  • the goods were not delivered
  • The delivered goods are damaged.
  • the delivered goods are different from the ones the buyer ordered
  • the delivered goods are not complete (the customer must make sure that their order has not been divided into multiple orders due to unavailability of goods in stock).

In all of the above cases, it is necessary for you to contact FISTER CRYSTAL sro within 48 hours of receiving the goods, otherwise the complaint may not be accepted.

7.4 The complaint will be handled according to the following procedure:

  1. The customer must report the complaint to the email info@fister.sk
  2. The buyer shall send the claimed goods (in the original packaging) together with a copy of the invoice, a description of the defect and a copy of the delivery confirmation from the delivery person to the address: FISTER CRYSTAL, sro, with registered office at Široká 4286, 058 01 Poprad – Veľká
  3. FISTER CRYSTAL sro, which operates fister.sk, has a period of 30 days from the delivery of the claimed goods, as stipulated by law, to review the legitimacy of the claim and its recognition or non-recognition.
  4. When resolving a complaint, FISTER CRYSTAL sro usually contacts the customer and agrees on the method of resolving the complaint (exchange of goods piece for piece, other goods at a given price, refund).
  5. The buyer will be informed of the result of the complaint immediately after the end of the complaint procedure by e-mail and a letter with a complaint record will be delivered to him together with the goods. FISTER CRYSTAL sro is entitled to satisfy any claims arising from the withdrawal against the buyer from the funds paid by the buyer and to return the amount reduced by its claims.

8. Protection of personal data

8.1 When placing an order, the customer fills in some personal data - in particular, name and surname, address, company identification data, e-mail address, billing address, delivery address, contact telephone number (Act No. 122/2013 Coll. on the Protection of Personal Data in Information Systems), which are necessary for the purpose of concluding and fulfilling the purchase contract and fulfilling the obligations arising from the purchase contract, for issuing a tax document and delivering the goods.

FISTER CRYSTAL sro does not disclose or provide the buyer's personal data to any other entities, with the exception of banks and delivery companies, with which cooperation is necessary for the fulfillment of the buyer's order. The seller will not provide personal data to a third party in any way without the consent of the owner of this data. The personal data database is protected against damage, destruction, loss and misuse and is handled in accordance with Act No. 428/2002 Coll. The buyer can view and change the data at any time after logging in to the online store under his login name.

8.2 Consent to the processing of personal data: "By sending the order, the Buyer grants the Seller, i.e. kiWision, spol. s ro, pursuant to Act No. 122/2013 Coll. on the Protection of Personal Data, as amended, consent to the processing of their personal data specified in the order for the purpose of processing the order and delivering the goods, for the period necessary for the Seller to fulfill the contract. The provision of personal data by the Buyer is voluntary. The Buyer has the right to withdraw their consent in writing to the address info@fister.sk. Furthermore, the Buyer has the rights under Act No. 122/2013 Coll., as amended, i.e. in particular the right to information about the status of the processing of your personal data, the right to erasure of personal data that are the subject of processing, the right to correct incorrect or outdated personal data during processing, the right to destroy personal data if the purpose of their processing has been fulfilled, the right to object to the use of your personal data for marketing purposes, based on a free written request.

9. Force majeure

9.1 Force Majeure: The Parties shall not be liable for partial or complete failure to fulfill their obligations under the Purchase Agreement if such failure is a result of an event defined as force majeure. A force majeure event shall be deemed to be events such as fires, earthquakes, floods and other natural disasters, civil unrest, wars, strikes, changes in legislation or decisions of the government, other state and public authorities and all other similar events that the Parties cannot foresee, control or influence, provided that these events have a direct impact on the performance of the Parties' obligations.

9.2. Information obligation: In the event of an event that can be described as force majeure, the affected Party is obliged to inform the other Party about this event in writing without delay, immediately after the event occurs, but no later than 48 hours. Immediately after the end of the force majeure event, the Party that invoked the force majeure provision is obliged to notify the other Party in writing of the exact date of the end of the force majeure event, inform it about the impact of the event on the fulfillment of contractual obligations and supplement this notification with related documents, evidence, confirmations or. other documents issued by public administration bodies or other public institutions.

9.3. Withdrawal from the purchase contract: In cases of force majeure events that affect one of the Parties for a period of more than 6 weeks, the other Party is entitled to withdraw from the purchase contract without being obliged to compensate the Party invoking the force majeure provision for any damage incurred by that Party.

10. Alternative Dispute Resolution

10.1 If the Buyer is not satisfied with the manner in which the Seller has handled his complaint or believes that the Seller has violated his rights, the Buyer has the right to contact the Seller with a request for redress. If the Seller responds negatively to the Buyer's request pursuant to the previous sentence or does not respond to such a request within 30 days from the date of its sending by the Buyer, the Buyer has the right to file a motion to initiate alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts (hereinafter referred to as the "Act on Alternative Resolution of Consumer Disputes"). The competent entity for alternative dispute resolution with the Seller is (i) the Slovak Trade Inspection, which can be contacted for the above purpose at the address Central Inspectorate of the SOI, Department of International Relations and ADR, Prievozská 32, post office box 29, 827 99 Bratislava or electronically at ars@soi.sk or adr@soi.sk or (ii) another competent authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list of authorized entities is available at http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s ), while the Buyer has the right to choose which of the listed alternative dispute resolution entities to contact. The possibility of contacting the court is not affected. The buyer may use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ to submit a proposal for an alternative resolution of their consumer dispute.

10.2 The Buyer's proposal to initiate alternative dispute resolution must, pursuant to Section 12, paragraph 3 of the Act on Alternative Resolution of Consumer Disputes, contain:

  1. the consumer's name and surname, delivery address, email address and telephone number, if any,
  2. exact identification of the Seller,
  3. a complete and understandable description of the decisive facts,
  4. indication of what the Buyer as a consumer is seeking,
  5. the date on which the Buyer, as a consumer, contacted the Seller with a request for redress and information that the attempt to resolve the dispute directly with the Seller was unsuccessful,
  6. a statement that the same proposal has not been sent to another alternative dispute resolution entity in the matter, that a court or arbitration court has not ruled on the matter, that a mediation agreement has not been concluded in the matter, and that alternative dispute resolution has not been completed in the matter in accordance with Section 20, paragraph 1, letters a) to e) of the Act on Alternative Dispute Resolution of Consumer Disputes.

The proposal can be submitted in paper form, electronically or orally in the minutes. To submit the proposal, the Buyer may use the form, the template of which is available for download to the Buyer on the Seller's website bepon.sk and which is also available on the website of the Ministry (http://www.mhsr.sk/alternativne-riesenie-spotrebitelskych-sporov-clr/146956s ) and each alternative dispute resolution entity. The Buyer shall attach to the proposal documents related to the subject of the dispute that prove the facts stated in the proposal.

11. Final provisions of the GTC

11.1 These terms and conditions are effective from May 25, 2021 and are valid until the issuance of new terms and conditions.

11.2 Changes to the terms and conditions shall enter into force on the date of their publication on the seller's website www.fister.sk on the date of sending the electronic order, unless otherwise agreed in writing between the participants.

11.3 By sending an electronic order, the buyer accepts without reservation all provisions of the terms and conditions in the wording valid on the day the order is sent, as well as the valid price of the ordered goods (including shipping and transport costs) stated in the price list of the online store.

11.4 Legal relationships established by the purchase contract will be governed by the provisions of the purchase contract (i.e. the content of the order and order confirmation), the provisions of these GTC, the relevant provisions of the Civil Code, with the provisions of the contract taking precedence over the provisions of these GTC.
and dispositive provisions of generally binding legal regulations and the provisions of these GTC take precedence over the dispositive provisions of generally binding legal regulations.

11.5 If any provision of these GTC is or becomes invalid, ineffective and/or unenforceable, this shall not affect the validity, effectiveness and/or enforceability of the other provisions of these GTC, unless the nature of such provision precludes it under the relevant legal regulations. The parties undertake, without undue delay after they discover that any of the provisions of the purchase contract or these GTC is invalid, ineffective and/or unenforceable, to replace the affected provision with a new valid provision, the content of which will fulfil the purpose of the original provision to the greatest extent possible.