GENERAL TERMS AND CONDITIONS
BAUGRUP s.r.o., registered office: Galvaniho 7/D, Bratislava – Ružinov 821 04, ID No.: 46 129 375,
registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No.: 72355/B
(hereinafter also referred to as “GTC”)
I. Subject matter of the General Terms and Conditions
- These general terms and conditions govern the rights and obligations of the parties to the contract for the purchase of
and the sale of containers specified in point 4 of this article of the GTC. Buying and selling of containers
takes place on the basis of a purchase contract resp. the invoice concluded between the seller and the buyer.
- The Seller is BAUGRUP s.r.o., Galvaniho 7/D, Bratislava – city district
Ružinov 821 04, ID No.: 46 129 375, registered in the Commercial Register of the District Court Bratislava I,
Section: Sro, Insert No.: 72355/B. The Seller, in concluding and executing the Purchase Agreement, acts within the scope of
the object of its business activity. For the purposes of a consumer contract, the seller shall
shall be deemed to be the supplier.
- The buyer may be a natural person or a legal entity. A natural person may have the status of
consumer or business.
- The subject of sale are new storage, residential, office or sanitary containers specified
on the Seller’s website: www.kontajnery.sk (hereinafter referred to as the “Subject of Sale”).
- A consumer contract is any contract, whatever its legal form, concluded by
the supplier with the consumer.
- A supplier is a person who, when concluding and performing a consumer contract, acts within the scope of the
its commercial or other business activities.
- A consumer is a natural person who does not act in the conclusion and performance of a consumer contract
within the scope of its business activities or other entrepreneurial activities.
- Legal relations of the Seller with the Consumer not expressly governed by these GTC shall be governed by
the relevant provisions of act no 40/1964 Coll. Civil Code as well as related
- The entrepreneur is:
- a person registered in the commercial register,
- a person who operates on the basis of a trade licence,
- a person carrying on business on the basis of a trade licence other than a trade licence pursuant to special
- a natural person who carries out agricultural production and is entered in the register according to
- The supervisory authority is the Slovak Trade Inspection (SOI) SOI Inspectorate for the Bratislava Region P.
O. BOX 5, Bajkalská 21/A, 820 07 Bratislava.
II. Ordering procedure
- The buyer may non-bindingly express interest in the purchase of the object of sale through
the contact form published on the Seller’s website: www.kontajnery.sk
or by sending an e-mail inquiry to the Seller’s e-mail address: firstname.lastname@example.org.
- The seller shall, according to the buyer’s request, prepare a price offer for the requested item
sales or other services, in particular the brokering or arranging of transport, hereinafter referred to as
(“Quotation”) and send it to the Buyer for approval. In the price offer the seller
indicate that the general terms and conditions of the seller are part of the contractual arrangements,
which the Buyer can get acquainted with on the Seller’s website. The buyer is obliged to
become familiar with the seller’s general terms and conditions published on
the Seller’s website. At the same time, the Seller shall notify the Buyer that by sending
orders the buyer confirms his/her familiarity with the general terms and conditions.
- On the basis of the agreed quotation, the buyer shall draw up a binding order containing
specification of the object of sale, ordered services, agreed purchase price, if applicable, other
arrangements of the parties. By submitting the order, the buyer confirms that he/she is familiar with
the general terms and conditions, the total price of the object of sale and other
costs (delivery costs, transport), the delivery terms, the time by which
the seller undertakes to deliver the object of sale, as well as the conditions related to
the availability of the subject of the sale, if the subject of the sale is subject to any
limitation related to its availability. By submitting an order, the buyer confirms that he/she
is aware of the obligation to pay the agreed price for the object of sale.
- The Seller shall, on the basis of the Buyer’s order received, issue to the Buyer an advance
an invoice, which is an acceptance of the order by the Seller. The contract of sale is between the parties
concluded at the moment of payment of the advance invoice to the Seller. Buyer by agreeing
of the Seller’s General Terms and Conditions is acknowledged and understood,
that all clauses and reservations of the Seller stated on the invoice are part of the contractual
arrangements between the parties and are therefore binding on the buyer.
- Upon payment of the advance invoice by the Buyer, the Seller shall issue an order for the container to be constructed,
unless the seller already has it in stock. Upon completion of the container, the Seller shall issue a proper
an invoice for the balance of the price and sends it to the buyer for payment.
III. Payment terms
- The buyer may pay the price for the object of sale by bank transfer or direct
by deposit to the Seller’s bank account specified in the advance invoice.
- If the buyer withdraws from the concluded contract with the seller or if the buyer is returned
funds for any other reason, the seller shall return the funds to the buyer
in the same way in which he received them. The buyer is responsible for the accuracy of the data for the return
the funds to be provided to the seller in the event that the cash cannot be
return the funds in the same way that payment for the order was made (e.g. v
in the event that the Seller, at its sole discretion, complies with the Buyer’s request to
change the method of reimbursement).
IV. Handover and acceptance of the object of sale
- The Seller undertakes to deliver to the Buyer the object of sale within the agreed period and to commence
to produce the object of sale immediately after payment of the purchase price by the buyer resp. advance invoices.
The handover of the object will then be carried out within 5 days in case the buyer has paid
the entire purchase price. The Buyer acknowledges that circumstances beyond the Buyer’s control may arise
by the seller causing the impossibility of delivery of the ordered object of sale (circumstances
force majeure); in such case, clause 2 of this article of the GTC shall apply mutatis mutandis.
- If the above delivery time is not feasible for technical reasons, the Seller shall
undertakes to inform the buyer thereof without delay. If the seller and the buyer do not agree
the delivery of the object of sale within the replacement period, the provision of another object of sale in
the same quality and price, or any other substitute performance, the Seller undertakes not later than
15 days from the notification of non-fulfilment of the delivery period to the buyer to return the price paid for
the subject of the sale. The price will be refunded in the same manner used for payment of the price for
the object of sale by the buyer.
- If the handover and acceptance of the object of sale takes place at the Seller’s Showroom /
at the point of withdrawal, the Parties or persons designated by them shall confirm the handover and acceptance
the subject of the sale by signing a document entitled “Confirmation of Container Pickup”. V
The container pick-up receipt records the condition of the sale item at the time of handover
and the seller’s statement of acceptance of this condition or a record of any objections.
The buyer is obliged to inspect the object of sale and check its condition before taking it over for
to determine whether it meets its requirements. The seller is obliged to the buyer
always allow the tour. If the buyer does not use the possibility of inspection, the later is not
entitled to object to defects which he could have detected during the inspection upon acceptance of the object of sale
find out. Each party will receive one copy of the Container Pickup Confirmation.
- If the handover and acceptance of the object of sale is carried out at the place designated by the buyer, the
the buyer is obliged at his own expense to secure and prepare a suitable place for the placement of the object
Sales. A suitable place for the location of the object of sale shall be understood in particular as a high-quality
paved area, site accessibility with sufficient handling space and safe
working conditions. The Buyer shall be liable to the Seller for all costs incurred in
in connection with an unprepared or inadequately prepared place for the placement of the object
sales (especially overtime, carrier fees, fines, etc.). The Seller is not responsible for
installation of electrical or other connections. The buyer is obliged to provide the exact address to
delivery of the object of sale and to provide a large enough area for the transport to pass with
subject to sale. The further procedure is the same as in point 3 of this article of the GTC.
- The subject of sale shall be handed over by the Seller to the Buyer only after full payment of the purchase price, if
the parties do not agree otherwise in writing. The ownership right to the object of sale is transferred to
the buyer only by full payment of the purchase price. Risk of damage to the object of sale
is transferred to the buyer by taking over the object of sale. The Buyer acknowledges and is
understood that the seller remains the owner of the object of sale until the moment of full
payment of the purchase price. The Buyer acknowledges and agrees that until the full
payment of the purchase price is not entitled to make any changes to the object of sale
or modifications. In the event of a breach of this obligation, the Buyer shall be liable to the Seller for
any damage to the object of sale arising in connection with alterations or modifications
the object of the sale. The buyer acknowledges that there may be slight
abrasions or scratches resulting from transport, and that these cosmetic defects
will not be the subject of a future claim. The object of sale is made of sheet metal. Slight
scuffs or scratches caused during the transport of the object of sale are usual.
- Transportation of the object of sale to the place designated by the buyer is always carried out at the expense and
the buyer’s risk. The seller is not entitled to claim against the carrier
any legal claims. All these rights belong exclusively to the buyer.
- The Buyer is obliged to notify the Seller by e-mail without undue delay of any defects in the object
of the sale detected upon receipt of the object of sale. The buyer is obliged to notify the defects
no later than three days after receipt of the object of sale. If the buyer does not notify the defects of the object
sale properly and in a timely manner, shall forfeit rights and claims for defective performance.
V. Warranty Terms
- Warranty conditions for the object of sale are governed by the Seller’s Complaints Procedure
published on the website www.kontajnery.sk and the applicable legislation of the Slovak
Republic. The warranty conditions are also part of these GTC.
VI. Claims of the seller and the buyer
- In the event of default by the buyer in payment of the purchase price or in performance of other monetary
obligations to the Seller, the Buyer agrees to pay the Seller contractual interest on
default at the rate of 18% per annum on the amount due. The obligation to pay contractual interest under this
of the GTC does not apply to a buyer who is a consumer.
- If the Buyer is in default in payment of a monetary obligation for more than 15 days, the Seller shall
entitled to withdraw from the purchase contract with immediate effect. Notice of withdrawal from
the contract of sale must be in writing and sent to the buyer’s address. The seller is further
entitled to withdraw from the purchase contract if the buyer refuses without apparent reason
acceptance of the object of sale.
- The Seller is further entitled to withdraw from the Purchase Contract in the event of a final court
the decision to dissolve and order the liquidation of the purchaser or, in the event that the purchaser is
insolvency proceedings are declared or if the buyer decides on its dissolution.
- If the purchase contract is cancelled before the delivery of the object of sale for reasons on the part of
the buyer, including where the buyer refuses to accept or pay for the item
sale without any justifiable reason, the buyer is obliged to reimburse the seller
a contractual penalty of 30% of the agreed purchase price of the object of sale, excluding VAT; and
at the same time, in addition to this contractual penalty, pay to the Seller all costs incurred in
in connection with the performance of the contract of sale, in particular the costs for the location/composition of the object of sale,
the carrier’s charges and costs, penalties and fines, etc… This obligation does not apply to
the buyer who is a consumer.
- In the event of default in payment, the Buyer shall reimburse the Seller for all
costs incurred by the seller in connection with the recovery of the claim, including fees
for the services of a debt collection company.
- In the event of default in payment, the Seller shall be entitled to apply the funds
first for the payment of the costs under the preceding paragraph, then for interest on late payment, and only
then to pay the amount due.
VII. Withdrawal from the contract
A. Withdrawal by the consumer
- The buyer, who acts as a consumer in relation to the seller, has the right to withdraw from
the contract without stating a reason within 14 days from the date of acceptance of the object of sale. The time limit shall
shall be deemed to have been complied with if the notice of withdrawal has been sent to the seller
on the last day of the period at the latest. Burden of proof of the exercise of the right of withdrawal
of the contract shall be borne by the buyer.
- The buyer cannot withdraw from the contract, the subject of which is the sale of the object of sale
made according to the buyer’s special requirements, the object of sale made on
a measure or object of sale intended specifically for one buyer.
- The seller allows the consumer to withdraw by means of a completed and sent
a model withdrawal form. The form is published on the website
of the seller.
- Withdrawal can be sent by post to BAUGRUP s.r.o., registered office: Galvaniho 7/D,
Bratislava – Ružinov district 821 04 or by e-mail to the e-mail address
- The consumer buyer is liable to the seller only for the reduction in value of the object of sale,
which has arisen as a result of the handling of the object of sale in a manner other than is necessary
disposed of with due regard to its nature and characteristics.
- If the consumer buyer withdraws from the contract, the seller shall refund him without undue delay,
no later than 14 days after withdrawal from the contract, all monies due from him to
received under the contract.
- The consumer acknowledges that if he/she does not withdraw from the contract due to the defectiveness of the object of sale,
will bear the cost of returning the object of sale to the seller.
- The buyer is obliged to agree with the seller on the date of return of the object of sale
and allow the seller to collect the object of sale. Transportation of the object of sale back
to the seller after withdrawal from the contract shall be provided by the seller.
B. Withdrawal from the contract by the entrepreneur
- The buyer is not entitled to withdraw from the contract.
VIII. Assignment of rights
- The buyer is entitled to transfer or assign the rights arising from the purchase contract to a third party
person only with the prior written consent of the Seller.
IX. Processing of personal data
- The data controller is BAUGRUP s.r.o., with registered office at Galvaniho 7/D,
Bratislava – Ružinov district 821 04, ID No.: 46 129 375, registered in the Commercial Register
District Court Bratislava I, Section: Sro, Insert No.: 72355/B. The said company processes
personal data under the conditions set out below.
- The legal basis for the processing of the buyer’s personal data is § 13 para. 1 lit. (b) and points (a) and (b). c)
Act No. 18/2018 Coll. on the protection of personal data and on amendment and supplementation of certain laws.
- According to § 13 par. 1 lit. (b) of Act No. 18/2018 Coll. on the protection of personal data and on amending and
amendment of certain laws “the processing of personal data is necessary for the performance of the contract,
to which the person concerned is a party, or to take action before the conclusion of the
the contract at the request of the data subject.”
- According to § 13 par. 1 lit. (c) of Act No. 18/2018 Coll. on the protection of personal data and on amending and
amendment of certain laws “the processing of personal data is necessary pursuant to a specific
regulation or international treaty by which the Slovak Republic is bound” (e.g. Act on
Accounting Act, Value Added Tax Act, Income Tax Act, Protection Act
consumer, the law on archives and registers).”
- Personal data is processed by the seller for the purpose of sale and delivery of the object of sale to the buyer
and for the purpose of processing a complaint.
- The Seller processes the Buyer’s data in the following scope: name and surname, business
name, registered office, registration number, telephone number, e-mail address, data provided in the order, data
related to the payment for the object of sale (account number, amount paid, date of crediting the payment
to the Seller’s account).
- The recipients of personal data are:
- courier or transport company providing delivery of the object of sale, servicing
partners, suppliers, insurers, other consumer authorities, shipping
companies in connection with the handling of claims, tax advisors, auditors, lawyers,
courts and public authorities as controllers or intermediaries
- Personal data are processed during the period of performance of the contract and during the warranty period
on the delivered object of sale. Personal data are processed for longer periods exclusively in the case of
provided for in the relevant legislation.
- The data subject shall have the right to lodge a petition with the Office for Personal Data Protection
data of the Slovak Republic if it considers that it is directly affected in its rights
provided for by the GDPR or relevant legislation.
- The data subject shall have the right to (i) request access to the personal data against the controller,
(ii) to correct personal data, (iii) to erasure of personal data, (iv) to limit
processing of personal data, (v) the right to data portability; and (vi) the right to object
against the processing of personal data. The data subject may exercise these rights
by contacting the Seller in any of the following ways:
- by sending a letter in writing to the address of the company’s registered office, stating your name and surname
the responsible person under the name of the company,
- electronically by sending an e-mail to email@example.com
- by phone on +421 905 542 568
- electronically on the website www.kontajnery.sk
- in any other manner provided for by the relevant legislation
The relevant legislation is in particular the GDPR Regulation, the applicable law on the protection of
personal data in the effective version and other applicable generally binding legal regulations.
X. Final Provisions
- These general terms and conditions also apply to the sale of movable goods,
forming parts or accessories of containers, in particular parts of containers, equipment and
- The Seller reserves the right to change the price. When changing the price, the seller shall contact
of the buyer. The buyer has the right to cancel the order at such adjusted prices.
- The Buyer declares that by sending the order he/she confirms that he/she is familiar with the following
general terms and conditions and that he agrees to them.
- The Buyer declares that by sending the order he/she confirms that he/she is familiar with the complaint
the Regulations, which are part of these General Terms and Conditions, and that he agrees to them.
- Notwithstanding any other provisions of the Contract, the Seller shall not be liable to the Buyer for lost profits,
loss of opportunity or any other indirect or consequential loss due to negligence,
breach of contract or otherwise.
- These General Terms and Conditions have been formulated and established in good faith, under
in order to meet the legal conditions and to regulate fair business relations between
the seller and the buyer. If any provision of these terms and conditions is invalid or
unenforceable, in whole or in part, the validity and enforceability of other provisions; and
the remaining parts of the relevant provision remain unaffected.
- Any disputes will be resolved primarily by agreement. Any disputes between the Seller and
buyer can also be resolved out of court. In this case, the buyer –
the consumer may contact an out-of-court dispute resolution body, such as
Slovak Trade Inspection Authority or resolve the dispute through the designated ODR
platforms. The Seller recommends that the Buyer first contact the Seller for
resolve the situation before an out-of-court settlement is reached. V
in the event of failure to reach an out-of-court agreement, the dispute will be resolved by the local and subject matter
the competent general court of the defendant determined in accordance with the relevant provisions of the legal
regulations of the Slovak Republic.
- The Seller’s contact email address is firstname.lastname@example.org. Contact
The Seller’s telephone number is +421 905 542 568. Seller’s contact details for
delivery by post are BAUGRUP s.r.o., Galvaniho 7/D, Bratislava – Ružinov 821
- Legal relations and conditions not expressly provided for herein as well as any disputes arising
of non-compliance with these terms and conditions shall be governed by the relevant provisions of the Commercial or
- The Seller and the Buyer agree to fully accept remote communication – telephone,
fax (including handwritten orders), electronic form of communication, in particular
via electronic mail and internet as valid and binding on both parties
- These General Terms and Conditions are effective from 1.1.2023