GENERAL TERMS AND CONDITIONS
Terms and conditions of Tactical Combat Academy
I. Basic provisions
I.1 These general terms and conditions (hereinafter referred to as "GTC") govern the relations between the contracting parties, when on the one hand the business entity TCA - Tactical Combat Academy, p. r. o., Podkerepušky 2688/58, 840 08 Bratislava - Záhorská Bystrica, IČO: 53 633 318, company registered in the Commercial Register of the District Court Bratislava I, Department: Sro, Insert no. 151105/B (hereinafter referred to as the "provider") and on the other hand is the customer of the service - a natural person who, when concluding and fulfilling the contract, does not act within the scope of his business activity, employment or profession (hereinafter referred to as the "consumer").
I.2 Legal relations between the provider and the consumer not expressly regulated by these GTC are governed by the relevant provisions in particular:
Act No. 40/1964 Coll. The Civil Code as amended (hereinafter referred to as the "Civil Code"),
Act No. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Consumer Protection Act"),
Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws as amended (hereinafter referred to as the "Law on Consumer Protection in Distance Selling"),
Act No. 18/2018 Coll. on the protection of personal data and on amendments and additions to certain laws in their current version ("the Law on Personal Data Protection").
I.3 According to the relevant legal regulations, the supervisory authorities for consumer protection are:
• SOI Inspectorate for the Bratislava region, Prievozská 32, P.O.Box 5, 820 07 Bratislava 27
• Personal Data Protection Office of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27
I.4 By checking the relevant box and sending the order with the obligation to pay, the consumer confirms that he has familiarized himself with these General Terms and Conditions, of which the complaint procedure is an integral part, and that he agrees with them, in the wording valid and effective at the time the order is sent.
A link to the General Terms and Conditions is sent to the consumer at the email address provided by the consumer when ordering, or the General Terms and Conditions are available after logging into the user profile on the provider's website www.tca.sk.
I.5 GTC are also available on the provider's website and are fully accessible and traceable to consumers on the provider's website www.tca.sk.
I.6 In relation to the Buyer, the Seller is not bound by any codes of conduct in accordance with the provisions of § 3 par. 1 letter n) of the Act on Consumer Protection in Distance Selling.
Postal address: TCA - Tactical Combat Academy, s.r.o., Námestie SNP 19, Bratislava, 811 01
telephone contact: +421 905 728 903 from 09:00 to 16:00 on working days
contact email: email@example.com
II. Zmluva o poskytnutí služby (ďalej len „zmluva“)
II.1 The proposal for the conclusion of the contract is the placement of the offered individual types of basic services, including course dates and their duration, on the provider's website www.tca.sk. Basic services are courses and gift vouchers. Additional services can be ordered in addition to the basic services. The contract is created by sending the order to the consumer. The service provider will immediately confirm receipt of the order to the consumer with an informative e-mail to the specified e-mail address. Confirmation of receipt of the order does not affect the formation of the contract. The link to the GTC in the valid and effective version, the link to the security rules, the link to the information on the processing of personal data (GDPR information) and the invoice will be sent to the consumer as an attachment to the order registration confirmation.
II.2 The contract (including the agreed price) can be changed or canceled only based on the agreement of the parties or on the basis of reasons regulated by legal regulations.
II.3 The contract is concluded in the Slovak language and in the case of foreign clients in the English language. The provisions of the General Terms and Conditions are an integral part of every contract. Any agreement between the provider and the consumer in the contract, which is different from the GTC, takes precedence over the GTC. The concluded contract is archived by the service provider for a period of at least five years from its conclusion, but for the longest period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to non-participating third parties. Information on the individual technical steps leading to the conclusion of the contract can be found in these General Terms and Conditions, in which this procedure is clearly described.
II.4 Before sending the order, the consumer has the opportunity to fully check it and make any changes and repairs. The costs of the consumer for the use of means of communication at a distance (telephone, Internet, etc.) for the execution of the order are not borne by the provider, but by the consumer himself. These costs are in the normal amount, depending on the tariff of the telecommunications services that the consumer uses.
II.5 According to § 4 par. 6 letters b) Act no. 102/2014 Coll. on consumer protection in distance selling, the consumer agrees to start providing the service before the deadline and acknowledges that he will lose the right to withdraw from the contract after the service has been fully provided. At the same time, he declares that he was instructed according to § 4 par. 6 letters a) of Act no. 102/2014 Coll. on consumer protection in distance selling - more information in Art. V. and VI. General terms and conditions.
** III. Protection of personal data and production of visual and audio-visual materials**
III.1 More detailed information on the protection of personal data can be found in the document "GDPR Information" located on the provider's website www.tca.sk.
III.2 By marking the appropriate box and sending the order with the obligation to pay, the consumer agrees that the provider may create visual or audio-visual materials (photos or videos) during the course of the service (course). At the same time, the consumer agrees that visual and audio-visual materials can be published via social networks or websites for the purpose of promoting the services (courses) of the provider.
III.3 If the consumer does not check the relevant box, the provider will respect the expression of the consumer's will when creating visual and audio-visual materials.
** IV. Prices**
IV.1 All prices are contractual. Current and valid prices are always listed for all basic services on the provider's website www.tca.sk. Information on the price of the services provided is given as final prices, i.e. including value added tax and all other taxes. It is possible to order additional services to the basic service, the current offer of which along with their final price are listed with each basic service. Payment for additional services will be made in cash before the start of the service (course).
IV.2 If the final price of the course does not exceed 200 euros, the payment for the course will be made at once in one payment in the amount of 100% of the final price of the service (course).
IV.3 If the consumer orders a service (course) whose final price exceeds the value of 200 euros, the final price of the course consists of a deposit (hereinafter referred to as "deposit") and the remaining part of the final price. The amount of the deposit, which the consumer is obliged to pay when ordering by bank transfer or by payment card using the payment gateway, is indicated at the step of creating the order. The consumer is obliged to pay the remaining part of the final price of the service (course) at the latest before starting the purchased service (course) in cash at the location of the service (course). The consumer can exceptionally pay for the service (course) in cash, after prior agreement with the provider.
V.1 The service is provided to the consumer at the final price valid at the time of ordering. The consumer has the opportunity to familiarize himself with the final price of the service (or the amount of the required deposit) before placing the order. The final price charged will be stated in the order and in the message confirming receipt of the order.
V.2 It is possible to order the basic service and some additional services directly on the provider's website www.tca.sk.
V.3 By sending an order with a payment obligation, the consumer undertakes to pay the final price for the selected service (course) or services (courses), agrees with the date of the service (course) that he has chosen and bindingly confirms his personal participation in this service (course).
V.4 The consumer can request a change of date within 14 days from the date of conclusion of the contract, but no later than 7 working days before the course, either by e-mail or by phone. A change in the date of a specifically ordered service can be requested at most once.
V.5 Due to the need to know the exact number of participants in the service (course), the provider reserves the right not to accommodate the consumer in a specific proposed change of date, which was determined by the consumer. The provider will give the consumer a choice of at least two free dates, depending on the staffing of the courses.
V.6 In case the consumer concludes according to § 4 par. 6 of the Act on Consumer Protection in Distance Selling contracts with the provider less than 14 days before the date of the course, and therefore, on the basis of the service contract, the provision of the service should begin before the expiry of the period for withdrawal from the contract or if the consumer requests the provision of the service before the expiry of the period for withdrawal from of the contract, the seller is obliged to inform the consumer that by giving consent to start providing the service before the expiry of the period for withdrawal from the contract, he loses the right to withdraw from the contract after the full provision of the service.
V.7 The gift voucher is applied on the provider's website www.tca.sk according to the instructions there.
V.8 By sending an order with the obligation to pay, the consumer agrees that the service provider will make video and video-audio recordings during the implementation of the service (course).
** VI. Withdrawal from the contract**
VI.1 Pursuant to the provisions of § 7 par. 1 of the Act on Consumer Protection in Distance Selling, the consumer has the right to withdraw from the contract thus concluded without giving a reason within 14 days from the date of conclusion of the contract.
VI.2 The consumer can exercise the right to withdraw from the contract in written form or in the form of a record on another durable medium. If the contract was concluded orally, any clearly worded statement by the consumer expressing his will to withdraw from the contract is sufficient to exercise the consumer's right to withdraw from the contract. The consumer can use the form for withdrawing from the contract, which forms Annex no. 1 of these GTC, which are freely accessible on the provider's website www.tca.sk and which are sent as an attachment to the e-mail confirming receipt of the order. The period for withdrawal from the contract is considered to have been observed if the notice of withdrawal from the contract was sent no later than the last day of the period.
VI.3 If the consumer withdraws from the contract, every additional contract related to the contract from which the consumer withdrew is also canceled from the beginning. No costs or other payments will be required from the consumer in connection with the cancellation of the additional contract, except for the payment of the price for the service, if the service has already been fully provided.
VI.4 The money for the applied withdrawal from the contract will be returned to the consumer without unnecessary delay, no later than 14 days from the delivery of the notice of withdrawal from the contract.
VI.5 In accordance with § 10 par. 5 of the Act on Consumer Protection in Distance Selling, if the consumer concludes according to § 4 par. 6 of the said Act, the contract with the provider less than 14 days before the date of the service (course), and therefore, based on the service contract, the provision of the service (course) must begin before the expiry of the period for withdrawing from the contract or if the consumer requests the provision of the service (course) before the expiry of the period requests to withdraw from the contract and the provider fulfills all its obligations set out in § 4 par. 6 of the aforementioned Act, the consumer is obliged to pay the seller the price for the actually provided performance by the date of delivery of the notice of withdrawal from the contract.
VI.6 The Provider reserves the right to withdraw from the contract also in the following cases:
a) when the consumer has not paid the full price within the specified period in accordance with Article IV. and in.,
b) if, on the basis of available information and facts, it can be assumed that the consumer has been legally convicted of a violent crime or there is a suspicion that the consumer is or was a member of an organization that suppresses basic human rights and freedoms, or presents extremist views,
c) if the consumer has been excluded from the course in the past or was otherwise prevented from completing the course in full due to non-compliance with the safety and operating principles and rules, which are the content of the guidelines of the TCA company and which can be viewed on the provider's website www.tca.sk and on place of service (courses) – at the shooting range, while persons participating in the course are obliged to familiarize themselves with these guidelines individually, or for non-compliance with other rules of safety, health protection, prudence and responsibility when handling firearms.
VI.7 Send withdrawal from the service contract to firstname.lastname@example.org or to the address:
TCA - Tactical Combat Academy, s.r.o.
Námestie SNP 19
811 01 Bratislava
VI.8 In cases where, for any reason, the consumer cannot participate in a specific date of the service (course) that he ordered and the legal deadline for the consumer to withdraw from the contract has already passed, but the service (course) has not yet been performed and there is more to its date than 5 calendar days, the provider will allow the consumer to move the date of the service (course) to a later date, while the replacement date must be agreed directly with the provider, due to staff availability (for more details, see point V.4 and V.5 of these GTC).
VI.9 The consumer is obliged to notify the provider without undue delay of the fact that he cannot participate in the ordered service (course). Failure to notify this fact in time may result in the impossibility of complying with the consumer's requests to move the service (course) to another date.
VI.10 In the event that the consumer does not use the above-mentioned option, does not notify the provider that he cannot participate in the service (course) and does not show up, he loses the possibility to move the date of the service (course) and also to transfer the paid price in the form of a voucher or in the form of credit.
VI.11 The provisions on the consumer's other options in the event that he cannot participate in the course do not apply to cases where force majeure is responsible for not taking the course. For the purposes of the contract and GTC, any event independent of the will of the contracting parties, which makes the fulfillment of contractual obligations impossible and which could not be foreseen at the time of the creation of this contract, is considered force majeure. From the point of view of this contract, natural disaster, extreme weather and meteorological phenomena, strong storms, fire, war, explosion, strike, or other unforeseeable events are considered to be force majeure. Due to the fact that the WHO has declared a pandemic of the SARS-CoV-2 coronavirus, and therefore due to the predictability of anti-epidemiological measures, anti-epidemiological measures effective at the time of the course or government measures on the territory of the state or its borders, serving to prevent the spread of the coronavirus, cannot be considered as force majeure SARS-CoV-2, in which case the course is automatically moved to another date determined by the provider.
** VII. Terms of payment**
VII.1 The service provider accepts payment in the following ways:
a) by transfer to a bank account,
b) by payment card through the payment gateway,
c) cash in the case of the obligation to pay the remaining price of the service (course) or in other cases by agreement, the payment in cash must be made before the service (course) is performed.
VII.2 The provider informs the consumer about the payment made by sending an e-mail to the e-mail address entered by him.
VIII. Terms of Delivery
VIII.1 The ordered service (course) will be carried out on a specific date that the consumer has bindingly chosen when placing the order and at the place that was specified in the information for the specific service (course).
VIII.2 In cases of unfavorable conditions that have the nature of force majeure, the service (course) is moved to another suitable (nearest) date, or if it is not possible to move the service (course) or it would not be possible to repeat the service (course), the service (course) may be canceled completely.
VIII.3 Each consumer is informed by e-mail about the confirmation of receipt of the order, which contains information about the date and place of the chosen service (course).
IX. Out-of-court settlement of disputes
IX.1 The courts of the Slovak Republic have jurisdiction over disputes that arise, provided that the consumer resides in the territory of the Slovak Republic. The consumer can also sue the provider in the courts of the member state of the European Union in which the consumer resides.
X.2 The consumer has the right to contact the provider with a request for correction (by e-mail to the email address: email@example.com) if he is not satisfied with the way in which the provider handled his complaint, or if he believes that the provider has violated his rights. If the provider responds negatively to the consumer's request, or does not respond to it within 30 days of its sending, the consumer has the right to submit a proposal to initiate alternative dispute resolution to the entity of alternative dispute resolution pursuant to § 3 of Act no. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws, as amended (hereinafter referred to as the "Law on ARS"); the possibility of turning to the court is not affected by this.
The list of alternative dispute resolution entities is published on the website of the Ministry of Economy of the Slovak Republic (hereinafter referred to as "MH SR") (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam -subjects-of-alternative-resolution-of-consumer-disputes-1).
XI.3 The consumer can submit a proposal to start an alternative dispute resolution in written form, in electronic form or orally in the minutes. To submit a proposal, the consumer can use the form, which is also available on the website of the Ministry of Internal Affairs and Communications of the Slovak Republic and every alternative dispute resolution entity.
The consumer can also submit a proposal to initiate an alternative dispute resolution through the online alternative dispute resolution platform - the ODR platform of the European Commission, which is available on the website http://ec.europa.eu/consumers/odr/.
XI.4 Alternative dispute resolution is the procedure of the subject of alternative dispute resolution according to the ARS Act, the goal of which is to achieve an amicable resolution of the dispute between the parties to the dispute. Alternative dispute resolution applies only to disputes between the consumer and the provider arising from or related to the consumer contract. Alternative dispute resolution by alternative dispute resolution bodies is free of charge. The subject of alternative dispute resolution may demand from the consumer payment of a fee for starting alternative dispute resolution up to a maximum of 5 Euros, including VAT. The costs associated with the alternative resolution of the dispute shall be borne by each of the parties to the dispute separately without the possibility of reimbursement.
X. Warranty conditions
X.1 The warranty conditions are governed by the Complaints Regulations and valid legal regulations of the Slovak Republic. The proof of purchase serves as a warranty card.
** XI. Final provisions**
XI.1 These General Terms and Conditions are valid and effective from May 1, 2022 and cancel the previous terms of the General Terms and Conditions. The provider may change or supplement the wording of these GTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the General Terms and Conditions.