greenpack cz, s. r. o.

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General Terms and Conditions
of greenpack cz, s. r. o.

These General Terms and Conditions (GTC) apply to purchases in the online store www.xfoll.eu and specify the rights and obligations of the seller and buyer.

The GTC are defined by the business company GREENPACK CZ, s. r. o. with registered office at náměstí Svobody 84/15, 602 00 Brno, Czech Republic, Company VAT Number: 08614547 ("Supplier"), as a supplier of products and services in accordance with its business activities, with an assortment of packaging materials and construction films.

The person who, by signing below the GTC text or confirming an order in the online store www.xfoll.eu or by email order or by making a telephone order, confirms that they understand these GTC and accept them in full. This confirmation establishes a contractual relationship between the Supplier and the Customer within the meaning of these GTC. The currently valid version of the GTC is always published on the Supplier's official website www.xfoll.eu.

Basic Terms

  • Product – goods specified and offered in the Catalog, marked with a name and order number, and/or any product manufactured based on individual Customer requirements
  • Service – an act specified in the Catalog
  • Catalog – a list of Products and Services in electronic form, published at www.xfoll.sk. The Catalog serves as informational material and is not binding.
  • Customer – a person placing orders with the Supplier of Products or Services in accordance with these GTC.
  • Order – a unilateral legal act of the Customer. Through it, the Customer orders Products or Services from the Supplier.
  • Delivery Location – the place (address) designated by the Customer for the delivery and acceptance of Products or the place for provision of Services.
  • Delivery Document – a document confirming proper delivery and acceptance of ordered Products or Services between the Supplier and the Customer.
  • Price List – valid price overview published at www.xfoll.sk.
  • Complaint – a written act by the Customer that complies with complaint conditions.

Contract

Expresses the contractual relationship between the Customer and the Supplier through confirmation of the Customer's Order, conclusion of a separate framework agreement, or conclusion of a separate service agreement specifying the conditions for providing Services. If these GTC refer to the Contract, this means any document that forms or is part of the Contract, such as the Order, Price List at www.xfoll.sk, etc.

Order

The Order must contain at least the following information, unless the parties agree otherwise:

  • Customer's business name, place of business (registered office), company VAT Number number, VAT number,
  • Name and surname of the person authorized to act on behalf of the Customer in connection with the Order and their contact details (phone, email,...), 
  • Type of ordered Product or Service and its quantity, 
  • Product or Service designation according to Catalog items 
  • Address designated for delivery and acceptance of Products or Services, 
  • Customer's signature or authorized representative's signature. 

An Order that does not contain the above requirements may be rejected by the Supplier.

The Supplier is entitled to verify the validity of the Order at any time and to refuse fulfillment according to the Order at any time.

The Supplier is entitled not to accept an Order if the Customer has not settled all due obligations to the Supplier as of the Order issuance date. The Supplier is entitled to refuse an order if the requested Products or Services cannot be delivered due to a third party's error, or if the Product has been withdrawn from sale, or the Product is out of stock, or the Service has been withdrawn from the offer.

If the Supplier does not have the requested quantity of ordered Products or services in stock, it will inform the Customer in writing or by phone and, after consultation with the Customer, will place them on a waiting list for the ordered Products or Services.

Ordering goods other than those offered by the Supplier in the Catalog is only possible based on specially agreed delivery and pricing conditions. The Customer is not entitled to cancel such an order.

The Supplier is not obliged to accept an order change at the moment when it has already handed over the Products according to the original order to the carrier, or has already modified the products at the customer's request. In case of complete cancellation of an order already confirmed by the Supplier, or changes to a binding order by the Customer, the Supplier may demand a contractual penalty of 5% of the Product or Service price from the Customer. Payment of the contractual penalty does not affect the Supplier's right to compensation for any damage incurred. The Supplier may withdraw from the contract if the ordered performance becomes impossible because the ordered Product is no longer manufactured, or is not supplied to the market accessible to the Supplier, or is long-term unavailable for reasons not on the Supplier's side. The Supplier may cancel the order and withdraw from the contract if there is a significant change in the purchase price at which the Supplier purchases the Product or Service, when this change was not known to the Supplier at the time of order confirmation.

If the Customer orders at an incorrectly set price (price does not correspond to the usual price), the order will be cancelled and the Customer will be offered the option to order the Product or Service at the usual price with a 5% discount. The Supplier is obliged to inform the Customer immediately about the price change before withdrawing from the contract and to attempt to reach an agreement. If the Supplier and Customer do not reach an agreement, the Supplier is entitled to withdraw from the contract.

Place of Delivery and Acceptance

Products or Services are delivered to the Delivery Location specified by the Customer in the Order. Proper fulfillment of the Order by the Supplier occurs at the moment of delivery and acceptance of Products or Services between the Supplier and Customer at the Delivery Location, confirmed on the Delivery Document.

The Customer is obliged to accept ordered Products or Services, properly inspect and check the delivery upon acceptance. The Customer is obliged to confirm acceptance in writing on the Delivery Document, thereby confirming conformity in quantity and type of the accepted Product or Service.

The Customer is responsible for ensuring that the person accepting the Products or Services is authorized to do so.

In case of a change to the Delivery Location designated for Product or Service acceptance specified in the Order, the Customer is obliged to immediately inform the Supplier in writing.

At the moment of Product or Service acceptance documented by the Delivery Document, the risk of damage to the goods (accidental destruction, damage, loss,...) passes. Transfer of ownership rights to delivered and accepted Products or Services occurs only upon full payment of the agreed price.

Delivery Conditions

The Supplier declares that all Products or Services offered in the Catalog meet quality conditions corresponding to relevant legal regulations and binding technical and safety standards valid in the territory of the Slovak Republic.

The Customer is obliged to provide the Supplier with necessary cooperation.

The Customer has the right within 14 days of acceptance to return Products that were ordered by mistake, but only under the condition that the Products are returned unused and undamaged, in undamaged and unopened original packaging. Upon meeting these conditions, the Supplier undertakes to take back the Products and return to the Customer the Price paid for these Products. Notwithstanding the above, the Customer is not entitled under this provision to return:

  • Products manufactured or modified according to their wishes or for their person, as well as Products subject to wear or obsolescence,
  • Products for which production or assembly has already been started or completed.

The Supplier is entitled to use subcontractors to fulfill its obligations under the Contract. 

The Supplier is entitled to terminate, modify, or suspend the delivery of any Products or Services.

Price and Payment Terms

Prices for Products or Services provided by the Supplier are listed in the price list at www.xfoll.sk. If the Supplier and Customer agree on an individual price for a Product or Service, no additional discounts or promotions automatically apply to such Customer.

By issuing the Order, the Customer undertakes to pay the price for ordered Products or Services.

The Product or Service delivery price is calculated according to actual costs associated with transport according to the current price list. The Customer is always informed and has the right to withdraw from the order if the calculated price is not acceptable to the Customer.

By signing these GTC or any other document forming the Contract or by ordering in the Supplier's e-shop, the Customer confirms that they agree with the prices for Products or Services.

The Supplier has the right to modify the Price List. The new Price List replaces the previous one as of its effective date.

The price will be paid for Products or Services actually delivered, based on an invoice issued by the Supplier.

The Supplier is entitled to require cash payment from the Customer upon delivery of Products or Services or payment of a so-called advance invoice.

In case of non-cash payment, the price and all other receivables invoiced according to the Contract will be due by the due date specified on the invoice. Proper payment of the receivable means crediting the appropriate amount to the Supplier's account.

Discounts, Promotions, and Product Sales cannot be combined; no additional discounts apply to such goods. Such promotions are valid only while supplies last.

In case of Customer's delay in payment of the Supplier's due receivable, the Customer will be charged a contractual interest on delay of 0.05% of the owed amount for each day of delay. Furthermore, the Customer is obliged to pay all costs incurred in connection with their payment delay.

Due to incorrectly set prices, for example due to human error, error in third-party data transfer, incorrectly processed third-party data modification, or force majeure, the Supplier reserves the right to withdraw from the contract if the incorrectly set price does not correspond to the usual price on the Slovak market.

Responsibility for Defects

The Supplier is responsible for the quantity of Products or Services provided, i.e., that the Products or Services are identical in quantity to the Order.

The Supplier provides a warranty period for all Products or Services in the length established by law. The warranty period begins to run from the day of delivery and acceptance of Products or Services by the Customer according to the Delivery Document.

Rights from liability for defects and quality warranty are exercised by the Customer with the Supplier through a complaint, which must be made in a timely manner, immediately upon discovering the defect, unless these GTC or another document forming the Contract stipulate otherwise.

Defects apparent upon acceptance means a defect in the quantity of Products or Services, namely a discrepancy between the quantity stated on the Delivery Document and the quantity actually accepted, including item substitutions, and also a defect in quantity which is a discrepancy between the number of Product packages stated on the carrier's document and the number of Product packages actually accepted.

Hidden defects are defects other than apparent defects, i.e., defects that undoubtedly existed at the moment of Product or Service acceptance but could not be detected by the Customer upon acceptance even with all due diligence.

The Customer is obliged to perform an inspection of Products or Services upon acceptance leading to detection of apparent defects.

To exercise rights from liability for defects, the Customer is obliged to deliver a complaint to the Supplier no later than 7 days from delivery and acceptance of products or Services, either in writing or by phone.

The complaint notification must contain:

  • Customer identification 
  • Name and order number of the complained Product or Service 
  • Quantity of defective or missing Product or Service 
  • Description of the defect 
  • Identification of the person authorized to act in this matter for the Customer 
  • Date of acceptance of the complained Product or Service 
  • Number of the relevant Delivery Document 
  • Date and Customer's signature (only for written complaints) 

The Supplier will process a justified and acknowledged complaint at the earliest possible date, no later than 30 working days from proper filing of the complaint. Acknowledgment of the complaint by the Supplier also includes providing new performance. The Supplier does not acknowledge a complaint that was not filed by the Customer in a timely manner.

The Supplier processes the complaint with regard to the nature of the defect 

The Supplier is not responsible for Product packaging defects that were not claimed upon delivery and acceptance of the Product and for defects caused by mechanical damage to the Product by the Customer or a third party.

Filing a complaint does not entitle the Customer to non-payment of the price for the Product or Service, unless the Supplier and Customer agree otherwise.

The Supplier reserves the right to use illustrative photographs in the Product catalog listed at www.xfoll.sk.

Contact Points and Persons

The contact postal addresses of the Customer and Supplier are their registered office addresses stated in the Contract or Order, unless a different contact address is agreed in a specific case.

The Supplier's contact points for receiving any notifications and Customer notifications is the Supplier's registered office address: MMPACK s.r.o., Seredská Street 30, 91705 Trnava. phone: 421 944 519 665, email address: info@xfoll.eu. Relevant contact points are published on the official website www.xfoll.sk.

Delivery

All notifications must be in written form and must be delivered to the other party by post, courier, fax, or electronically. Notifications are considered delivered by post on the second working day following sending of the shipment to the addressee's relevant contact address and by electronic delivery at the moment of sending the electronic message to the addressee's relevant email address.

Compensation for Damage

Each contracting party is liable to the other party for damage caused by breach of its legal obligations arising from the Contract. Circumstances excluding liability are any event or set of circumstances beyond the reasonable control of the liable party, occurring independently of its will and preventing it from fulfilling its obligations under the Contract.

The affected party is obliged to inform the other party without undue delay about the occurrence of circumstances excluding liability. The Supplier fulfills the obligation under this paragraph by publishing information about the occurrence/termination at www.xfoll.sk. The Supplier's obligation to pay any contractual penalty agreed in the Contract does not arise if failure to fulfill this obligation secured by contractual penalty occurred as a result of circumstances excluding liability.

Confidential Information

Upon conclusion of the contract, as well as within the framework of Contract performance, information provided is considered confidential by the providing party.

The receiving contracting party is obliged to maintain confidentiality about confidential information and use it only for the purpose for which it was provided by the providing contracting party, and to bind all its employees and other persons who have access to confidential information to this as well.

The confidentiality agreement under this article does not affect fulfillment of any statutory obligation to report information requested by authorized state or administrative bodies and other authorized entities.

The confidentiality agreement under this article continues even after termination of the Contract until the relevant confidential information is disclosed by the providing party or a third party.

Duration and Termination of Contract

Unless agreed otherwise, the Contract is concluded with effect from the date of its conclusion for the duration of fulfillment of a separately issued Customer Order, or for a definite period if its duration is agreed in the Contract, or for an indefinite period.

If the Contract is concluded for a definite period, the Contract terminates upon expiration of the agreed duration, or based on the parties' agreement on early termination of the Contract, or as a result of withdrawal from the Contract.

If the Contract is concluded for an indefinite period, the Contract terminates based on the parties' agreement on Contract termination, or by written notice by either contracting party without stating reasons with a notice period of two months, which begins to run on the first day of the month following delivery of the notice to the other party.

Withdrawal from the Contract is possible exclusively for reasons stated in this paragraph, unless otherwise agreed between the parties in the Contract, based on written notification delivered to the other party stating the reason for withdrawal and with the effects of withdrawal at the moment of delivery of such notification to the other party.

All notifications concerning termination of the Contract must be delivered by post in the form of a registered letter to the relevant contact address of the other party and are considered delivered at the moment of their delivery through the post. A notification is also considered delivered if its acceptance was refused by the addressee, if it was not collected during the storage period, or if it was returned as undeliverable, and delivery then occurs on the day when the sender learned of such fact.

Withdrawal from Contract

The Customer has the right to withdraw from the purchase contract without stating reasons pursuant to § 1829 of the Civil Code within 14 days of Product acceptance. If the Customer decides to withdraw within this period and complies with the conditions below, the purchase price and costs for the cheapest offered method of Product delivery from the Supplier to the Customer will be refunded.

If the Customer decides to return the Product within the 14-day period, you can contact us for Product return by email: info@xfoll.eu, or by phone: +421 944 519 665, or deliver the returned Product to our warehouse address: AWGifts Fulfilment, CTPark Trnava, Prílohy 583/57, Zavar 919 26, no later than 14 days from withdrawal from the contract.Zavar 919 26, a to najneskôr do 14 dní od odstúpenia od zmluvy.

The returned Product sent must not show signs of use, must be undamaged, complete in unopened packaging.

Money for the returned Product from the online store will be refunded to you within 14 days from withdrawal from the contract and delivery of the returned Product to the Supplier by transfer to your account or by another agreed method. This paragraph's provision does not apply to Products made to order.

Additional and Final Provisions

Each party has the obligation to inform the other party without delay about all facts not stated in the Contract that may affect fulfillment of obligations under the Contract.

The Customer is not entitled to transfer their rights and obligations under the Contract, either in part or as a whole.

The Supplier considers all personal data provided by Customers in connection with the Contract as strictly confidential and declares that it handles them in accordance with Act No. 101/2000 Coll., on the protection of personal data, and processes only such personal data that is available from publicly accessible data files.

The Contract is concluded according to the legal order of the Czech Republic. All matters not expressly regulated in these GTC will be governed by relevant legal regulations of the Czech Republic.

The Supplier's GTC are valid from the date of their publication on the Supplier's official website www.xfoll.eu until their cancellation or publication of new conditions with a later date and become effective on the second day after such publication. Newer wording of GTC cancels previously issued conditions. Legal relations between the Customer and Supplier are always assessed according to GTC provisions valid at the time of Contract conclusion.

In case of divergent written provisions in documents forming the Contract, the provisions of special conditions take precedence over these GTC in this order:

  • Provisions contained in the Order 
  • Provisions in separate Contracts, 
  • Provisions in the Price List. 

These GTC also apply supportively in case the Supplier agrees with its Customer on special conditions for non-catalog Products. In case of divergent written agreements, special conditions provisions take precedence.

All changes and additions to the Contract that was agreed between the parties in writing must also be made in written form and must be signed by authorized persons of the Customer and Supplier.

If any provision of the Contract is found invalid, contrary to legal regulations, or unenforceable, this will not in any way affect or influence the effectiveness or enforceability of other provisions.

Dispute Resolution

Mutual disputes between the Supplier and Customer are resolved by general courts. The Customer who is a consumer has, according to Act No. 108/2024 Coll. on consumer protection, as amended, the right to out-of-court resolution of consumer disputes arising from a purchase contract or service provision contract.

The entity authorized to perform out-of-court dispute resolution is the Slovak Trade Inspection and other alternative consumer dispute resolution (ADR) entities registered in the list maintained by the Ministry of Economy of the Slovak Republic. More information is available at www.soi.sk.

Out-of-court resolution of consumer disputes begins exclusively on the Customer's proposal, and only if the dispute could not be resolved directly with the Supplier. The proposal can be submitted no later than 1 year from the day when the Customer first exercised their right, which is the subject of the dispute, with the Supplier.

Out-of-court resolution of consumer disputes begins exclusively on the Customer's proposal, and only if the dispute could not be resolved directly with the Supplier. The proposal can be submitted no later than 1 year from the day when the Customer first exercised their right, which is the subject of the dispute, with the Supplier.

The Customer has the right to initiate out-of-court dispute resolution online through the ODR platform available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK

The Supplier undertakes to strive primarily for out-of-court dispute resolution with the Customer, if the Customer does not refuse it.

This procedure is not mediation according to Act No. 202/2012 Coll., on mediation, as amended, nor arbitration proceedings according to Act No. 216/1994 Coll., on arbitration proceedings and enforcement of arbitration awards, as amended, and its use does not affect the parties' right to turn to the Slovak Trade Inspection or to court with their claim.

During the period of negotiations on out-of-court dispute settlement, limitation and preclusive periods according to the Civil Code neither run nor begin to run, unless one of the parties to the dispute expressly refuses to continue negotiations.

Alternative consumer dispute resolution is free of charge. Bodies established by law, which are the Slovak Trade Inspection, Regulatory Authority for Network Industries, and Regulatory Authority for Electronic Communications and Postal Services, resolve relevant disputes free of charge.

Supervision over compliance with obligations under Act No. 108/2024 Coll., on consumer protection, as amended, is performed by the Slovak Trade Inspection (www.soi.sk).

These business terms and conditions come into full force on July 1, 2025.