The specific condition of this sale represents simultaneous requirement of environmental obligation to be performed, which is specified within these Terms & Conditions to maintain the co-existence with birds of family passerine birds (Hirundinidae).
These rules of sale consist of three parts:
I Terms & Conditions
III Data Protection Policy
I Terms & Conditions
- 1.1 “buyer” means an individual or organisation in the process of concluding the sales agreement by purchasing on web site: nomudnest.com including receipt and fulfillment of mutual obligations with the supplier.
- 1.2 “consumer” means a buyer as specified hereinabove but who buys products and services solely for own consumption or consumption of members of his or her household acting for purposes which are outside his or her trade, business or profession.
- 1.3 “supplier” means LECHMANN, s.r.o., company reg. no. 36508047 with seat: Francovce 828/27, 087 01 Giraltovce, Slovak Republic, registered by Distric Court Prešov, Section: Sro, Insert no. 16473/P.
- 1.4 “agreement” means a contract concluded between the buyer (who can be consumer as specified hereinabove) and supplier in accordance with these Terms & Conditions.
- 1.5 “goods” means the products that the buyer agrees to buy from the supplier.
- 1.6 “Terms & Conditions” means the terms and conditions of sale set out within this document, while the buyer and the supplier can agree on special conditions in writing, though it is not possible to perform within consumer contract.
- 1.7 “web site” means www.nomudnest.com
- 1.8 “environmental responsibility” means recommendation to a buyer to evaluate surroundings in vicinity of the protected property against nesting and if there is no other real option for the birds of family Hirundinidaeto nest, to try to secure an alternative place as an opportunity for the birds of family Hirundinidae to build their nests according to instructions and information presented within the web site of the supplier or other reliable sources of scholar nature.
- 1.9 “alternative place for nesting” means a place appropriated to be an option for the birds of family Hirundinidae to build their nests according to instructions and information presented within the web site of the supplier or other reliable sources of scholar nature with regard to local conditions in the vicinity of a property that is protected against nesting.
2 General conditions
- 2.1 Terms & Conditions shall apply to all agreements for the sale of goods by the supplier to the buyer and shall prevail over any other documentation or communication between them.
- 2.2 Terms & Conditions shall not negatively affect the buyer's statutory rights as a consumer.
3 Placing the order of goods by the buyer and its acceptance by the supplier
- 3.2 The buyers who are registered payers of value added tax in the member state of the European Union, shall state their VAT number in the order, otherwise the value added tax will be added to the price in the issued invoice.
- 3.3 When placed order of the buyer via the web site is accepted by the supplier under condition in clause 3.1, the supplier instantly sends a notification to e-mail stated by the buyer in the order that is the subject of the acceptance, which is the date of effective conclucion of the agreement between the buyer and supplier together with information on the right to cancel the order if the buyer is a consumer until its dispatch to buyer’s address, which does not affect the right of the buyer under clause 3.6 and 3.7.
- 3.4 The supplier sends notification of acceptance of the order according to clause 3.3 within 14 days at the latest from the credited payment of deposit on to supplier’s bank account.
- 3.5 The supplier may choose not to accept an order without stating a reason and in case of having received advanced payment from the buyer for the order that the supplier chooses not to accept, so in case that the goods were not delivered for the particular order the supplier returns the payment to the buyer within 28 days from the date of receipt of the deposit back onto the bank account that the buyer used for the payment, otherwise especially by other ways of paying the supplier will request the buyer to state how he or she wishes to receive money back.
- 3.6 After 14 days following the acceptance of delivery of the goods by the buyer who is the consumer, the agreement is fulfilled pursuant to the right of the buyer to return the product without stating a reason in the stated period of 14 days.
- 3.7 After 7 days following the acceptance of delivery of the goods by the buyer who is not a consumer, the agreement is fulfilled pursuant to the right of the buyer to return the product without stating a reason in the stated period of 7 days.
- 3.8 When the goods ordered by the buyer are not available from stock, the buyer shall be notified and given the option to either wait until the goods are available from stock, offered an alternative item with an amended price or cancel the order and receive full refund within 28 days pursuant to clause 3.5 (second sentence).
- 3.10 The buyer shall report any online technical problem to the supplier while placing an order via the web site, if it occurs.
- 3.11 The goods described in the web site are subject to change by the supplier at any time, though the supplier shall make every effort to ensure the goods are correct at the point of time, when the buyer places an order.
- 3.12 The buyer will be asked when placing an order, if he or she is of appropriate legal age to make a legal binding according to applicable law in compliance with private international law, in particular to be legally able to conclude the agreement on base of which he or she purchases the goods via the web site.
- 3.13 If the supplier finds out that the buyer is not legally entitled to order the goods, the supplier shall be entitled to cancel the order immediately.
4 Price and payment
- 4.1 The prices of the products are stated in the web site of the supplier including value added tax. For registered payers of VAT in European Union who state their VAT number in their order, value added tax shall be deducted in issued invoice by the supplier if all other legal conditions are met to be regarded as intra-Community supply of goods within European Union, such buyer then takes sole responsibility to reverse charge in the EU member state in which the buyer is registered as VAT payer.
- 4.2 Delivery charges are stated separately. The supplier may announce conditions in the web site, when delivery charges will not be applied towards the buyer, usually depending on the minimum value of each order.
- 4.3 The buyer who wishes to use own transport of ordered goods, shall inform of it in his or her order.
- 4.4 The total purchase price, including VAT, if applicable, and delivery charges, if any, will be displayed prior to confirming the order with obligation to pay.
- 4.5 If any payment is not paid on time or any payment is rejected, the supplier is immediately entitled to cease or suspend the delivery of goods until payment has been received.
- 4.6 The supplier bares the responsibility to apprise the buyer of exact sum to be paid, the payment and delivery terms pursuant to these Terms & Conditions before dispatch of the goods, which is fulfilled during the process of ordering by the buyer via the web site. The buyer is responsible to pay correct sum by the means he or she chooses, either by transfer to bank account of the supplier or by PayPal, where the buyer shall type correct sum according to details sent to the buyer's e-mail stated in the order.
- 4.7 If the buyer is unclear in any part of payment or delivery terms pursuant to these Terms & Conditions, it is the responsibility of the buyer to contact the supplier before acceptance of the agreement by supplier as stated in clause 3.4.
- 4.8 The supplier reserves the right to correct any errors in the web site, if they occur. The supplier will (at own discretion) either cancel the order of the buyer and refund the price paid or use reasonable endeavours to contact the buyer and ask whether he or she wishes to continue with the order at the correct price or description. If the supplier is unable to contact the buyer or the buyer does not wish to continue with the order at the correct price or correct description, The supplier will cancel such order and refund the price the buyer paid. (Acceptance of the order is set in article 3 clause 3.1, 3.3., 3.4)
- 4.9 The supplier reserves the right to update prices in the web site, which cannot be guaranteed for any period of time. The supplier shall make every effort to ensure prices are correct at the point of time, when the buyer places an order.
- 5.1 The goods supplied within European union will normally be delivered within 10 days from the day of dispatch.
- 5.2 The goods supplied within Europe out of European union will normally be delivered within 14 days from the day of dispatch.
- 5.3 The goods supplied out of Europe will be delivered according to conditions of transport company or post office and country, usually 30 days.
- 5.4 The supplier shall endeavor to meet the date agreed for delivery. In case of any event the time of delivery may not be met, the supplier shall not be liable for any losses, costs, damages or expenses incurred by the buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
- 5.5 The goods shall be delivered to the buyer's address specified in the order and the buyer shall make all arrangements necessary to accept goods being delivered to the buyer.
- 5.6 The supplier aims to deliver the goods ordered by the buyer via the web site in a timely manner. In the event the goods cannot be delivered, due to lack of stock, or inability to deliver to the buyer’s address by transport company or post office, the supplier shall contact the buyer to make alternative arrangements.
- 5.7 In the event the buyer submits incorrect or inconsistent delivery information, the supplier will attempt to correct any discrepancies. If the supplier cannot correct discrepancies within a reasonable time frame, the buyer will be contacted in due course for clarification. In this event, the supplier is not liable for any time delay in the order. In the event discrepancies in the order are not corrected, the goods may be returned to the supplier and the order will be cancelled. If the buyer paid for the goods, refund of the payment shall be realized according to article 3 clause 3.5 (second sentence).
- 5.8 Risk of any damage in the goods shall pass to the buyer in the moment of delivered goods to the buyer's address specified in the order.
- 5.9 It is the buyer's responsibility to check the external condition of the parcel, and if possible the goods, upon delivery for any outward damage or visible damage. When damage is found, the buyer must refuse the goods and inform the person delivering the goods on behalf of the transport company or post office, that the goods are “damaged”. In any event the goods are refused; the buyer is required to contact the supplier as soon as possible via e-mail or telephone including data messaging (for example Messenger, Viber, WeChat etc.) within two business days after the day of refusal of the goods at the latest.
- 5.10 It is the buyer's responsibility to check the consignment and within two business days notify the supplier if any of the items supplied are not those ordered via e-mail or telephone including data messaging (for example Messenger, Viber, WeChat etc.) or to postal address of the supplier stated in article 1 clause 1.3.
- 5.11 Title of the goods shall not pass to the buyer until payment of the price has been rendered in full.
6 Cancelation of the order and cancelation of the agreement
- 6.1 The buyer may cancel any order for the goods for any reason or without stating a reason up to the point of dispatch and any payments made by the buyer shall be refunded within a reasonable time period according to article 3 clause 3.5 (second sentence), but always after the supplier receives undamaged goods returned by the buyer to the postal address of the supplier stated in article 1 clause 1.3 in case the goods were already received by the buyer.
- 6.2 The refund sum is the price paid for the goods by the buyer excluding original transport (postage) cost, packaging and return transport (postage) cost; if the buyer is a consumer, price of transport shall be returned to him or her in sum that does not exceed cost of standard shipping, but maximally 25 €.
- 6.3 If the buyer is a consumer it is his or her unconditional right, in addition to other rights, to cancel the agreement within 14 days after the date of receipt of the delivered goods and receive a refund within a reasonable time period according to article 3 clause 3.5 (second sentence), about which the buyer must send a notice of such cancelation to the supplier within stated period of time: 14 days after the date of receipt of the delivered goods in writing including e-mail or fax.
- 6.4 If the buyer fails to take reasonable care of the goods, the buyer still has the right to cancel the agreement, but the supplier may offset the cost of any unreasonable damage against the refund due.
- 6.5 Following the notice of cancelation of the agreement the buyer has an obligation to deliver undamaged goods prefereably in the original packaging to the postal address of the supplier stated in article 1 clause 1.3.
- 6.6 If the buyer does not deliver undamaged goods to the supplier as soon as possible within 28 days at the latest from the date of supplier’s receipt of the notice of cancelation by the buyer, the agreement is considered not cancelled.
- 6.7 If applicable law does not allow condition under clause 6.6 and if the buyer fails to return the goods following cancellation in 28 days, the supplier shall be entitled to deduct the cost of recovering the goods from the buyer.
7 Defects or damage of the goods
- 7.1 In any case where a claim of defect or damage is made, the buyer has the responsibility to contact the supplier and provide a detailed explanation of the nature of the defect or damage and shall communicate with the supplier to resolve the matter before filing a notice of cancelation of the agreement according to clause 6.2.
- 7.2 The buyer has the responsibility to inspect the delivered goods for signs of outward damage of the goods prior to signing for receipt of them whilst in the presence of the person acting on behalf of the transport company or post office. Failure to do so may result in delays in processing replacements or refunds whilst the supplier appeals to the transport company or post office.
- 7.3 The buyer must notify the supplier within 28 days from the date of receipt of the delivered goods that the goods do not comply with the agreement. Where a claim of defect or damage is made, the goods are required to be returned by the buyer to the to the postal address of the supplier stated in article 1 clause 1.3 within 28 days of reporting the defect or damage to the supplier. The buyer is entitled to receive a refund (including delivery costs) or replacement, plus return postage charges up to cheapest transport cost if the goods are defective.
- 7.4 The goods to be returned must comply with the supplier’s return procedure: the buyer must e-mail the supplier outlining the exact nature of the return request to: email@example.com or in writing to postal address stated in article 1 clause 1.3. The buyer must include all relevant information for the return including invoice number, number of items, item identification and the reason for return. The buyer has the responsibility to contact the supplier in the event of a return request. Once the return request has been resolved by both the supplier and the buyer, the buyer will receive return documentation via e-mail which he or she used for the communication with the supplier or fax number or postal address stated in the letter of the buyer. If the supplier provide the buyer with transport documentation, then the buyer has the responsibility to subsequently print the return documentation and attach it clearly and securely to the return parcel(s) as provided in the supplier’s instructions within communication.
- 7.5 If the buyer does not follow the steps outlined in clause 7.6, the buyer takes into account that the return procedure may be delayed and subsequently will become complicated for both parties.
- 7.6 If the returned goods are found to be damaged due to the buyer's fault the buyer will be liable for the cost of remedying such damage.
- 7.7 If a defect occurs within the first six months after the receipt of the delivered goods, it is assumed that a hidden defect was present at the day of delivery. Therefore, the supplier shall repair the goods in line with the warranty or replace the item for an unfaulty one.
- 7.8 If the six months has expired the supplier requires proof or confirmation that the goods were delivered with a defect or the defect was present within the first six months after delivery; an officially recognized technician’s report may be used as a proof or confirmation of the aforementioned clearly stating the precise defect and why the defect was not caused by misuse of the goods.
8 Warranty and limitation of liability
- 8.1 Products bought via the web site of the supplier are covered by the legal warranty against material and workmanship defects during normal conditions of use for the period of two years from the date of receipt of the delivered goods by the buyer.
- 8.2 The buyer can claim the right of warranty for the delivered goods only within the stated period of time in clause 8.1 and only on condition that the buyer used the product in full accordance with the instructions of use that are published in the web site.
- 8.3 The goods are deemed to be accepted by the buyer after elapsing 14 days of possession of the goods. When a request for a return is made after 14 days of receipt of delivered goods, up to two years, so during warranty period, the supplier reserves the right to offer a repair or replacement to the buyer. Only in the case that repair or replacement is proved impossible, the buyer shall be entitled to receive a refund after proving fault present in the goods in accordance with article 7 clause 7.7 and clause 7.8 for example by delivering the faulty goods to the postal address of the supplier stated in article 1 clause 1.3.
- 8.4 Except as may be implied by law where the buyer is dealing as a consumer, in the event of any breach of these Terms & Conditions by the supplier the remedies in favour of the buyer shall be limited to damages which shall in no circumstances exceed the price of the goods received by the buyer and the supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.
- 8.5 No waiver by the Supplier (whether express or implied in particular case) during the legal force of the agreement with each buyer shall prejudice the same process to follow in the future or for other agreements in legal force.
9 Force majeure
- 9.1 The supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside the reasonable control, including but not limited to, acts of nature, accidents, war, fire, strikes, failure of any communications, telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the supplier shall be entitled to a reasonable extension of its obligations.
- 9.2 The buyer shall not be liable for any delay or failure to perform any of his or her obligations if the delay or failure results from events or circumstances outside the reasonable control, including but not limited to, acts of nature, accidents, war, fire, strikes, failure of any communications, telecommunications or computer systems and the buyer shall be entitled to a reasonable extension of his or her obligations.
- 9.3 Conditions in this article though do not affect the warranty period at all.
10 Final clauses
- 10.1 If any term or provision of these Terms & Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the terms or provisions hereof shall continue in full force and effect as if these Terms & Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
- 10.3 These Terms & Conditions shall be governed by and construed in accordance with the law of the Slovak Republic which is fully harmonized with European Union law and further the European Union law is directly applicable were appropriate and the parties hereby submit to the exclusive jurisdiction of the Slovak Republic courts.
III Data Protection Policy
For supplying the goods from the web site it is necessary for buyers who are natural persons to give prior consent to use these personal data: title, name, surname, address for delivery, telephone number and e-mail and for purpose of delivery of the goods also signature. The supplier hyreby declares that while purchasing via the web site the buyers’ details: title, name, surname, address for delivery, telephone number, e-mail and signature will be used only for the explicit purpose i.e. for particular transaction of the purchase to be realised, so protected during the time of use required by law to maintain accounting documents, after which the data shall be permanently irretrievably discarded without notification of the data subject. Unless required by government authorities according to applicable law these data will not be supplied to any third party.
The responsible company for the collection and protection of data:
087 01 Giraltovce
Company reg. no. 36508047
Registered by Business Register of Disctrict Court Prešov, section: sro, insert no.: 16473/P
Directors: JUDr. Pavel Lechman, Ing. Daniel Lechman
Tel.: +421 918 401 872*
*Monday-Friday: 8:00 – 18:00, Saturday-Sunday: 9:00 – 18:00. Standard call rates apply.