General sales conditions

PRODOM SPOL. S R.O. (the “GSC”)

1. Introductory provisions

1.1 These general sales conditions regulate rights and obligations of the Buyer and the trading company PRODOM spol. s r.o., with its registered office at Vajnorská 2/E, 900 28 Ivanka pri Dunaji, Slovak Republic, registered with the Commercial Register of District Court Bratislava I, section: Sro, insertion No.: 2129/B, Business Identification Number: 30 777 011, TIN: 2020314373, VAT ID: SK2020314373, tel. +421 2 50 20 39 14, +421 903 847 058, e-mail: info@dream-plans.com, website: www.dream-plans.com, (the “Seller” or “PRODOM”) and apply without territorial restrictions.

1.2 The GSC cover the sale of a digital copy of project documentation for self-contained houses and for other constructions as an architectural work (the “Product”) to natural persons – consumers, entrepreneurs and legal entities (the “Buyer”).

1.3 The Product under the GSC means project documentation of a self-contained house consisting in an architecture – construction solution that contains:

- accompanying report,

- drawings: groundwork, floor plan, cross-section, rafters or roof plan, views, section drawings of flooring, windows, doors.

- drawings are delivered without expert authorisation

(the “Product” or “project documentation”)

Project documentation constituting the Product under the GSC does not represent complete project documentation under the Slovak Republic legislation that can be submitted in a building permit procedure, it only represents its abbreviated version.

1.4 Given the variety of standards and technical regulations in individual countries, it will most likely be necessary to have the project documentation updated by a local project engineer or construction company and set in line with the relevant standards and technical regulations. The project documentation provided by the Seller is meant as a basis for readjustment to the local standards and technical regulations and does not meet the requirements for application for a planning permission procedure, building permit procedure and building construction, not even in the Slovak Republic. Visualisation of a house in the catalogue is for illustration purpose only and does not have to fully match the completed building according to the project documentation. Project documentation does not include furnishings and movables seen in the visualisation. The Seller reserves the right to small disposition and technical adjustments compared to the designs shown on the website, while retaining the design concept.

1.5 Standard project documentation does not include specific placement within surrounding built-up area and connection to road and utility networks.

1.6 Each Product is tied to a specific construction location (municipality) specified by the Buyer when placing an order on the website www.dream-plans.com.

1.7 Under one project bought only one house can be built.

1.8 Project documentation is intended for construction at a site specified in a purchase order, for the single specific Buyer. Project documentation cannot be used by another Buyer, not even for construction at a place different than the one specified in the purchase order without prior written approval of PRODOM.

1.9 Project documentation is made in electronic formats of *.dwg and *.pdf. If the Buyer wants a different format to be used, he must contact the Seller before the purchase and confirm with the Seller if it is possible to deliver the project documentation in the requested format.

1.10 The Buyer is obliged to get acquainted with the GSC that become binding on the Buyer upon placing an order with obligation to pay.

1.11 By ticking the box before sending the purchase order, the Buyer confirms to have been acquainted with the GSC, the Terms and Conditions of Personal Data Protection and the Pricelist, and agrees that terms and conditions and provisions of the GSC will apply to business relations concluded between the Buyer and PRODOM, except for if a mandatory rule applies to the Buyer – consumer which is more favourable for the consumer than the GSC. In such case, the GSC apply and provisions of the more favourable rule will only apply to the extent of the difference between the GSC and the said rule. The Buyer is sufficiently and in advance notified of the existence of the GSC by placing an order and is able to get acquainted with them.

1.12 Consent to the GSC forms an integral part of each purchase order.

2. Purchase order and conclusion of sales contract

2.1 Conclusion of a sales contract whereunder the Seller delivers the Product ordered to the Buyer is based on a binding purchase order of the Buyer, payment for the Product and confirmation of the binding purchase order by the Seller. The GSC form a part of the sales contract.

2.2 The Buyer´s purchase order addressed to the Seller constitutes an offer to conclude the sales contract. Ordering the Product creates an obligation for the Buyer to pay the Product purchase price.

2.3 The Product under section 1.2 can only be ordered on the internet through an online form available at: www.dream-plans.com, and it is necessary to fill in all the required data correctly and accurately (mainly the e-mail address) and send the completed form.

If any problem occurs when filling the form, the Seller´s e-mail address info@dream-plans.com may be used. In any case, the order of the Product under section 1.2 will only be confirmed after the Product purchase price is paid, i.e. credited to the Seller´s bank account.

2.4 By placing a binding order, the Buyer confirms to have been acquainted with and consents to the complete wording of the GSC as well as all the annexes and parts hereof valid at the time of placing the order. Before placing the order, the Buyer is sufficiently notified of the GSC and is able to acquaint himself herewith as well as with the price for the Products ordered. The Buyer consents to them by ticking the “I agree with the sales conditions” box.

2.5 By placing an order, the Buyer undertakes to take delivery of the Product and pay the agreed purchase price for the Product.

2.6 After the order is placed and after receipt of the purchase price for the Product (under 1.2), the Seller will send a confirmation e-mail to the Buyer within 48 hours notifying the Buyer of the estimated delivery date for the Product. All confirmed orders are binding!

3. Purchase price and payment conditions

3.1 Total purchase price of the Product is provided on the Seller´s website, in a purchase order as well as in an order confirmation whereby the Seller accepts to conclude the sales contract. Purchase price always includes VAT and is in EUR currency. Unless provided otherwise, the purchase price of the Product is charged according to the pricelist valid as at the day of placing the order for the Product.

3.2 When ordering the Product – standard project documentation for a self-contained house, the purchase price according to the valid pricelist available on the Seller´s website www.dream-plans.com must be paid before the Product is sent.

3.3 With individual project documentation, the price is determined based on mutual agreement.

3.4 Payment can be made online, with a credit card.

3.5 The Seller will not confirm the order without having the purchase price credited to the Seller´s bank account.

3.6 Total purchase price of the Product includes all the Seller´s costs in preparation of the project documentation. The price does not cover additional changes to the project documentation at the Buyer´s request. Change of the project documentation can be made based on a special written agreement between the Buyer and the Seller.

3.7 The Seller sends a tax document (invoice) to the Buyer to the Buyer´s e-mail address indicated in the purchase order after payment of the purchase price. By conclusion of the contract with the Seller, the Buyer agrees that the invoice will only be issued in an electronic form.

4. Delivery

4.1 The Seller will only deliver the project documentation to the Buyer in an electronic form to the e-mail address provided in advance in a purchase order.

4.2 Product delivery date means the date when the Product is sent to the Buyer´s e-mail address. The Product is deemed duly delivered once it is sent to the Buyer´s e-mail address in an electronic form.

4.3 Delivery date is specified on the Seller´s website www.dream-plans.com.

4.4 Delivery date for an individual project produced according to the client´s requirements will be determined with a written agreement.

4.5 Product delivery date is calculated from the day of the order confirmation and receipt of the Buyer´s payment by the Seller.

4.6 The Seller may unilaterally postpone the Product delivery date in the event of an unexpected and unavoidable obstacle (vis maior; strikes or traffic closure restricting the Product´s delivery, damage, destruction due to flood, fire, frost, or illegal activity of a third person, theft of the Product). If the Product delivery date is postponed under the previous sentence, it does not constitute a violation of the Seller´s obligations and the Seller is not delayed in the delivery of the Product.

4.7 If the Seller is repeatedly not able to deliver the Product to the e-mail address specified by the Buyer in the purchase order, given that it is no fault of his, and the Buyer does not provide an alternative e-mail address for the delivery, the Product ordered is deemed delivered with the third unsuccessful attempt to send the Product to the e-mail address provided by the Buyer.

4.8 Based on the contract concluded between the Buyer and the Seller and based on the GSC, the Buyer is entitled to use the Product and also acknowledges that the Seller sells the same Products to an unlimited number of customers, and each one of these customers acquires the right to use the Product. As far as intellectual property rights are concerned, the Buyer only acquires the right to use the Project (licence).

5. Order cancellation and withdrawal from sales contract

5.1 The Buyer may cancel an order within 24 hours from ordering the Product.

5.2 The Buyer may not withdraw from the sales contract without stating a reason. The same applies for the Buyers that are consumers, considering Section 7(6)(c), (i) and (l) of Act No. 102/2014 Coll. on consumer protection in the event of sale of goods or provision of services based on a distance contract or off-premises contract and on amendments and supplements of some acts as amended, whereunder the consumer cannot enter into a contract with the following subject-matter

c) sale of goods produced according to specific requirements of the consumer, custom made goods or goods meant for a specific consumer,

i) sale of audio recordings, visual recordings, audio-visual recordings, or computer software sold in protective packaging, if the consumer unpacked it,

l) distribution of electronic content other than on a physical carrier, if its distribution commenced with an explicit consent from the consumer and the consumer declared to had been duly informed about the fact that by giving the said consent, he loses his right to withdraw from the contract.

5.3 By concluding a contract with the Seller, the Buyer – consumer declares to have been duly informed about the fact that by consenting to the provision of electronic content, he loses the right to withdraw from the contract. This declaration is part of the Product purchase order.

5.4 The Seller is entitled to withdraw from the contract, if the Buyer does not pay the purchase price duly and on time, or otherwise violates provisions of the GSC. The withdrawal takes effect on the day of delivery of the withdrawal notice to the Buyer. Withdrawal from the contract is without prejudice to the Seller´s claim to settlement of the Buyer´s financial obligations for the Product. The contract between the Buyer and the Seller terminates once the agreement of the parties or the withdrawal from the contract hereunder takes effect.

6. Discounts

6.1 The Seller reserves the right to introduce various discounts which will always be announced on the Seller´s website: www.dream-plans.com, or in print media, and will only stand for a period specified in these media. Discounts will apply, if the project documentation is ordered and the purchase price paid within this time limit.

6.2 Discounts cannot be combined.

7. Warranty claims, end of contractual relationship

7.1 The Buyer will inspect the Product delivered by the Seller without undue delay and inform the Seller of defects detected. If parts of the Product are missing (missing drawings or any part of the project documentation), the Buyer will inform the Seller thereof within 3 days from receiving the Product.

7.2 As the Product is in electronic form, and becomes available to the Buyer as soon as sent to the Buyer´s e-mail address, filing a warranty claim for the Product is limited to warranty claims due to following reasons:

a) the Product could not be opened, or technically accessed by the Buyer,

b) the Product delivered was not identical with the Product ordered (the Buyer is required to demonstrate and specify what attributes of the Product are in conflict with the Product ordered).

7.3 The Buyer is obliged to report defects of the Product in writing. The report on defects must include sufficient description of the defect and specify the part of the Product with the defect.

7.4 Report of defects must be demonstrably delivered to the Seller within the time limit specified in this article.

7.5 Warranty claim will be resolved within 10 workdays from the day it was delivered to the Seller. If expert assessment is required, the warranty claim will be resolved within 30 workdays from filing and delivery of the warranty claim. The Buyer will be notified of the result in writing using the e-mail address provided with the purchase order.

7.6 Defects of the Product will be removed within a reasonable time limit.

7.7 Copy of the invoice, the remittance, and the confirmation of delivery of the Product subject to the warranty claim need to be submitted with the warranty claim.

7.8 Warranty claims cannot be filed over adjustments of the project documentation due to legislation changes after the delivery date of the Product.

7.9 Without restricting any provisions of the GSC, termination of the contract between the Buyer and PRODOM for any reason does not relieve the Buyer of his obligations to PRODOM created prior to the termination of the contract.

7.10 Considering sections 1.3 and 1.4 of the GSC, the Buyer acknowledges and agrees that the Seller does not bear responsibility for the finished building built based on the Product as the Seller´s Product is only an abbreviated version of the project documentation required for a building permit procedure in the Slovak Republic and, when executed abroad, it must have been adjusted before construction according to the local building permit procedure by a local project engineer and, in both cases, the construction itself has been executed by a third person – contractor based on the adjusted documentation from the local project engineer.

8. Copyright - Licence

8.1 Project documentation is an expression of an architectural work protected by copyrights. The Seller is a holder of copyright over the architectural works published on the website www.dream-plans.com. The sales contract is also a licence contract entitling the Buyer to use the architectural work. The Buyer may not give consent for the use thereof to a third person nor transfer the rights under the contract to the third person. Rights granted by this contract only apply to the person of the Buyer, are not transferred to the Buyer´s legal successor and cannot be transferred to any other person without the Seller´s written approval. The licence is non-exclusive. The Seller´s right to use the work in a manner for which the Seller granted the licence is not affected, nor the Seller´s right to grant the licence to a third person. Changes to the architectural work can only be made with the Seller´s prior written approval. The licence under this contract is granted for the period ending with conclusion of an occupancy permit procedure of the building built based on the project documentation. Rights of the acquirer or any other owner of the building are thereby unaffected. Owner or other user of the construction which is an expression of the architectural work may only perform such construction and maintenance work at the construction site that is necessary to keep it in good state and to preserve the functional use and that does not reduce the value of the architectural work or infringe the copyrights.

8.2 The Buyer may not use visualisations of the self-contained house for promotional purposes without the Seller´s written approval. If the Buyer acquires this approval from the Seller, the Buyer is obliged to feature the visualisation together with the author´s logo, name: DREAM-PLANS and name of the house it refers to on the website www.dream-plans.com

8.3 The Buyer is allowed to use the project documentation solely for the purpose of acquiring permits required for building one self-contained house at a place specified in the purchase order. In the event of violation of the said limitation, the Seller may claim the contractual penalty in the amount of the triple purchase price of the Product stated on the website at the time for each individual violation. The contractual penalty is payable within three days from being charged.

9. Potential disputes between the Buyer and the Seller

9.1 Governing law

The GSC as well as all legal relationships hereunder shall be governed by the laws of the Slovak Republic excluding the conflict of laws rules referring to the application of foreign laws. To avoid any doubts, the contractual parties agreed in accordance with Section 262(2) of Act No. 513/1991 Coll. Commercial Code that all obligations established or arising on the grounds of a breach of the GSC shall be governed by the Commercial Code, except for the cases where it is necessary to apply other legislation. The GSC take precedence over the trade practice, unless the contractual parties agree otherwise in writing.

9.2. Informal dispute resolution

If a dispute occurs between the contractual parties in relation to the GSC, the contractual parties undertake to make all possible efforts that may be reasonably required of them to reach a settlement based on agreement of the contractual parties.

10. Personal data protection

10.1 PRODOM is considered a controller pursuant to regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as “GDPR”) and Act No. 18/2018 Coll. on the protection of personal data. In matters concerning protection and processing of personal data, the conditions of the personal data protection constituting a separate document shall apply. Consent to the conditions of personal data protection is an integral part of each order.

11. Specific provisions

11.1. Communication

The Buyer agrees with communication via e-mail addresses of the contractual parties.

Information delivered to an e-mail address is deemed delivered on the day it was sent.

The contractual parties agree to use documents in a *.doc or *.docx file format, *.dwg or any other common file format *.rtf or *.pdf when exchanging documents. To this effect, the Buyer is obliged to ensure that its computer software and hardware enable receipt and reading of files in the given formats.

11.2. Severability and interpretation of the GSC

If any provision of the GSC is or becomes invalid, ineffective, or unenforceable, validity, effect, or enforceability of other provisions of the GSC remains thereby unaffected. In such case, the contractual parties undertake to replace this provision with a new provision, closest to the original one in terms of content and purpose.

11.3. Force majeure

None of the contractual parties will be held liable for the delay in fulfilment of its obligations caused by circumstances excluding liability (namely, due to fires, floods, extensive telecommunication, or internet failures, strikes, wars, civil unrest, uprising, statutory orders or restrictions imposed by the law) or any other conditions out of reasonable and objective control of the contractual party.

The contractual parties undertake to inform each other about the occurrence of the circumstance excluding liability, preventing proper fulfilment of obligations, without undue delay. The contractual parties undertake to make every effort to prevent and overcome the circumstance excluding liability.

11.4. Language versions of the GSC

The GSC are available in two language versions: Slovak and English. In the event of a conflict between the English version and the Slovak version, the Slovak version prevails.

12. Final provisions

The GSC become valid and effective as of 1.10.2021. Valid and effective GSC are available on the PRODOM website www.dream-plans.com.

The Buyer confirms to have been acquainted with the content of the GSC and to understand this content. The Buyer acknowledges and agrees that PRODOM may amend, revise, or replace the GSC unilaterally at any time, even without the Buyer´s approval. By placing an order through the website www.dream-plans.com, the Buyer declares to sufficiently understand at least one of the language versions in which the GSC are published and available at www.dream-plans.com.

PRODOM will inform the Buyer about amendments of the GSC in a suitable manner (e.g. through a special announcement published at www.dream-plans.com) and sufficiently in advance (no later than 15 days prior to the new GSC taking effect). The GSC and their amendments take effect on the day specified in them.


 


 


 

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