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Business conditions

  Business conditions

  1. General terms

The following business and complaint conditions regulate the rights and obligations of the contracting parties, which result from the purchase contract concluded between the Seller: RAZELIA sro, ID: 51780381, Matičná 8, 949 01 Nitra, entered in the Commercial Register of the District Court of Nitra, section: sro, file number: 46130 / N (hereinafter referred to as the "Seller") and the Buyer. The subject of this contract is the purchase and sale of goods on the Seller's e-commerce website.   Contact details of the Seller: RAZELIA s.r.o., IČO: 51780381, Matičná 8, 949 01 Nitra, entered in the Commercial Register of the District Court of Nitra, section: sro, file number: 46130 / N. Tax number: 2120806842 Telephone: +421 911 406 034 Email: info@zeozoe.sk Supervisory authority: Slovak Trade Inspection (SOI) SOI Inspectorate for the Nitra Region Staničná 9, P. O. BOX 49A, 950 50 Nitra 1 Supervision Department tel. no. 037/772 02 16 fax no. 037/772 00 24 http://www.soi.sk http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi 1.1 These business and complaint conditions, as amended on the day of concluding the purchase contract, are an integral part of the purchase contract. In the case of concluding a purchase contract in writing, in which the agreed conditions will be deviated from these business and complaint conditions, the provisions of the purchase contract will take precedence over these business and complaint conditions. The newly agreed business conditions must not be in conflict with other legal regulations (shortening the return period, warranty period, etc.) 1.2. For the purposes of these terms and conditions, an ancillary contract means a contract in which the Buyer acquires goods or is provided with a service related to the subject of the purchase contract, if the goods or services are supplied by the Seller or a third party under their agreement. 1.3. The purchase price for the goods displayed on any e-commerce website, which is operated by the Seller, also includes value added tax in a specified amount in accordance with the applicable legislation of the Slovak Republic. It does not include the price for the transport of goods or other optional services. All trade and other shares are valid until stocks are exhausted, unless otherwise stated for the goods. 1.4. It is the right of the Seller to adjust the selling price of the goods, which is listed on the e-commerce website, at the Seller's premises at any time. Such a change does not apply to purchase contracts concluded before the land price, regardless of the fact that the goods have not yet been delivered.  

  1. Method of concluding the purchase contract

2.1 The purchase contract is concluded on the basis of a proposal, which the Buyer sends to the Seller in the form of a completed and sent form via the Seller's website, to whom the Buyer sent a proposal for its conclusion. The subject of the contract is the transfer of ownership of the goods designated by the Buyer at the purchase price and under the conditions specified in this order (hereinafter referred to as the "order"). 2.2 After sending the order, an automatically generated message about the receipt of the order will be sent to the e-mail address to the Seller's electronic system (hereinafter referred to as the "order delivery confirmation"). 2.3 The order delivery confirmation contains information that the order has been delivered to the Seller, which, however, is not an acceptance of the proposal to conclude a purchase contract. 2.4 Subsequently, information will be sent to the Buyer's e-mail address, which contains a notification as to whether the Buyer's order has been accepted (hereinafter referred to as "order acceptance"). The content of the acceptance of the order includes the name and specification of the goods, the sale of which is the subject of the purchase contract, information on the price of goods and / or other services, information on the probable delivery time of goods, name and information on the place where the goods are to be delivered and information on conditions the price and date of transport of the goods to the agreed place of delivery for the Buyer, as well as information about the Seller such as business name, registered office, ID number and the like. The notification may also contain other necessary information. 2.5 The conclusion of the purchase contract occurs by delivering the acceptance of the order electronically or in writing. 2.6 Prior to sending the order, the Seller has informed the Buyer of the pre-contractual information concerning the complaint, payment, business, transport and other conditions in a clear, unambiguous, comprehensible and irreplaceable manner by:

  1. providing the main characteristics of the goods or services to the extent appropriate to the means of communication and goods or services used, on the relevant e-commerce catalog page of the Seller,
  2. informing the Seller's trade name and registered office on the relevant e-commerce sub-page and in Article 1 of these business and complaint conditions, which are located on the relevant subpage of the Seller's e-commerce,
  3. informing the Seller’s tel. number and other data important fot the Buyer’s contact with the Seller, especially the email address, on the relevant subpage of the Seller’s eshop and in the Article 1 of these terms and conditions, which are located on the relevamt subpage of the Seller’s e-commerce,
  4. informing about the address of the Seller at which the Buyer can file a complaint about the goods or services, file a complaint or other complaint in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the Seller's e-commerce,
  5. informing on the total price of the goods or services, including value added tax and all other taxes, or if, due to the nature of the goods or services, the price cannot be reasonably determined in advance, the way in which it is calculated, as well as transport, delivery, postage and other costs and charges , or if these costs and fees cannot be determined in advance of the fact that the Buyer will be obliged to pay them, he informed the Seller on the relevant e-commerce catalog page,
  6. informing on the payment conditions, delivery conditions, the period within which the Seller undertakes to deliver the goods or provide the service, and by provinding information on the procedures for the application and handling of complaints, grievances and suggestions that can be found in the relevant articles of these terms and conditions, located on the relevant subpage electronic commerce of the Seller,
  7. informing on the information about the Buyer's right to withdraw from the purchase contract, on the conditions, period and procedure for exercising the right to withdraw from the contract informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the Seller's e-commerce,
  8. about the provision of a form for withdrawal from the purchase contract in Art. 10 of the terms and conditions. The Seller also provides the form for withdrawal from the purchase contract in the annex to these terms and conditions and complaints, which are located on the relevant subpage of the Seller's e-shop,
  9. informing that if the Buyer withdraws from the purchase contract, the Buyer will bear the costs associated with the return of goods to the Seller under § 10 para. 3 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the Seller's premises and amending certain laws (hereinafter "Act on consumer protection in distance selling"),
  10. inforimg in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the Seller's e-commerce, that the Buyer has the obligation to pay the Seller the price for the performance actually provided pursuant to § 10 para. 5 of the Act on Consumer Protection in Distance Selling, if the Buyer withdraws from the service contract after giving the Seller explicit consent pursuant to § 4 para. 6 of the Act on Consumer Protection in Distance Selling.
  11. informing in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the Seller's e-commerce, on the circumstances in which the Buyer loses the right to withdraw from the contract,
  12. informing in Art. 8 of these business and complaint conditions, which are located on the relevant subpage of the Seller's e-commerce, on instructions on the Seller's liability for defects in goods or services pursuant to Art. § 622 and 623 of the Civil Code informed,
  13. informing on the existence and details of the guarantee provided by the manufacturer or Seller according to stricter principles than stipulated in Art. § 502 of the Civil Code, if provided by the manufacturer or Seller, as well as information on the existence and conditions of assistance and services provided to the Buyer after the sale of goods or provision of services, if such assistance is provided on the relevant e-commerce catalog page of the Seller and Art. 9 of these business and complaint conditions, which are located on the relevant subpage of the Seller's e-commerce,
  14. informing on the existence of the relevant codes of conduct which the Seller has undertaken to comply with and the way in which the Buyer can become acquainted with them or obtain their wording on the relevant e-commerce catalog page of the Seller,
  15. informing on the duration of the contract, in the case of a fixed-term contract; in the case of a contract concluded for an indefinite period or in the case of a contract in which its validity is automatically extended, he also informed about the conditions of termination of the contract on the relevant e-commerce catalog page of the Seller and these terms and conditions, which are located on the relevant subpage the Seller's website,
  16. informing on the minimum duration of the Buyer's obligations arising from the purchase contract, if the purchase contract implies such an obligation for the Buyer on the relevant e-commerce catalog page of the Seller and in these terms and conditions, which are located on the relevant sub-page of the Seller's e-commerce,
  17. informing on the Buyer's obligation to pay an advance or provide other financial security at the request of the Seller and the conditions that apply to its provision, if the purchase contract implies such an obligation for the Buyer on the relevant e-commerce catalog page and these terms and conditions, which are located on the relevant sub-page of the Seller's e-commerce,
  18. informing on the functionality, including the applicable technical protection measures to secure the electronic content, if applicable, informed on the relevant catalog page of the Seller's e-commerce and in these terms and conditions, which are located on the relevant subpage of the Seller's e-commerce,
  19. informing on the relevant e-commerce catalog page of the Seller and in these terms and conditions, which are located on the relevant e-commerce subpage Seller, on the compatibility of electronic content with hardware and software that the Seller knows or is reasonably expected to know about, if applicable,
  20. informing on the relevant catalog page of the Seller's e-commerce and in these terms and conditions, which are located on the relevant subpage of the Seller's e-commerce, on the possibility and conditions of out-of-court dispute resolution through the system of alternative dispute resolution, if the Seller undertook to use this system,
  21. informing on the necessary actions for the conclusion of the purchase contract by describing these necessary actions in these business and complaint conditions, which are located on the relevant subpage of the Seller's e-commerce,
  22. informing that the purchase contract will be stored in electronic form at the Seller and is available to the Buyer after the Buyer requests it in writing on the relevant catalog page of the Seller's e-shop and in these terms and conditions, which are located on the relevant sub-page of the Seller's e-shop,
  23. informing on the relevant catalog page of the Seller's e-shop and in these business and complaint conditions, which are located on the relevant subpage of the Seller's e-shop, that the language offered for the conclusion of the contract is the Slovak and English language depending of the language variation of the page chosen by the Buyer.

2.7. If the Seller has not fulfilled his information obligation pursuant to point 2.6. letter e) of these business and complaint conditions, the Buyer is not obliged to pay these additional costs or fees.  

  1. Rights and obligations of the Seller

3.1. The Seller is obliged to:

  1. a) in the case of confirmation of the order by acceptance, the Seller is obliged to deliver the goods to the Buyer in the agreed quantity, time, quality and pack it and to ensure transport in the manner necessary for its preservation and protection,
  2. b) ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic,
  3. c) send a confirmation of the conclusion of the purchase contract on a durable medium, such as via e-mail. The confirmation must be sent immediately and must contain all the information listed in 2.6. including the form for withdrawal from the purchase contract.
  4. d) at the latest together with the goods, to hand over to the Buyer in electronic or written form all necessary documents for taking over and using the purchased goods as well as other documents prescribed by valid legal regulations of the Slovak Republic such as instructions in Slovak language, delivery note, warranty card and a tax document.

3.2. The Seller has the right to proper and timely payment of the purchase price by the Buyer for the delivered goods. 3.3. In case of unavailability of goods or sale of stock, the Seller is not able to deliver the goods to the Buyer within the period agreed in the purchase contract, determined by these terms and conditions or the agreed purchase price, the Seller is obliged to offer the Buyer a substitute performance or the possibility of order cancellation. Withdrawal from the purchase contract (cancellation of the order) is possible by sending an e-mail to the Buyer. In case of payment of the purchase price by the Buyer or its part, the Seller is obliged to return the already paid purchase price or its part within 14 days from the date of delivery of the e-mail on withdrawal from the purchase contract or cancellation of the order to the Buyer, on the account determined by the Buyer, unless the parties agree otherwise. If the Buyer does not accept the substitute performance offered by the Seller and does not withdraw from the purchase contract, the Seller is entitled to withdraw from the purchase contract. In case of payment of the purchase price by the Buyer or its part, the Seller is obliged to return the already paid purchase price or its part within 14 days from the date of delivery of the withdrawal from the purchase contract to the Buyer.  

  1. Rights and obligations of the Buyer

4.1. The Seller informed the Buyer of the obligation to pay the purchase price. This obligation is part of the order. 4.2. Buyer's rights: The Buyer has the right to deliver the goods in the quantity, quality, date and place agreed by the parties. 4.3. Obligations of the Buyer:

  1. a) to pay the agreed purchase price to the Seller within the agreed due date, including the costs of delivery of the ordered goods,
  2. b) to take over the goods which have been ordered and delivered,
  3. c) in the delivery note, to confirm the receipt of the goods by his/her signature or by the signature of the person authorized by him/her.

 

  1. Delivery and payment terms

5.1 For each product on the e-commerce website, the usual availability of the goods is stated with the date of its dispatch. 5.2 The Seller is obliged to deliver the item to the Buyer immediately, no later than 30 days from the date of conclusion of the purchase contract, unless otherwise agreed in the purchase contract. If the Seller has not fulfilled this obligation, the Buyer may invite him to deliver the item within the reasonable additional period specified therein. If the item is not delivered even within this additional reasonable period, the Buyer is entitled to withdraw from the contract. 5.3 The Seller is entitled to invite the Buyer to take over the goods even before the expiration of the delivery period agreed in the purchase contract. 5.4 The display of the goods on any e-commerce website operated by the Seller is not merely illustrative. The dimensions, weight and other details of the goods contained in the Seller's catalogs, brochures and other documents placed on the Seller's e-commerce website are given by the manufacturer and may differ from the actual by + - 1% of the stated value. 5.5 The Buyer's obligation is to take over the goods at the agreed place, according to the purchase contract or otherwise in the time before the delivery of the goods (hereinafter "place"). The Buyer is obliged to take over the goods in the time range that is the Seller or his representative, authorized to deliver the goods and the Buyer agreed in the purchase contract or otherwise in the time before delivery of the goods (hereinafter "Time Range"). 5.6 If the Seller delivers the goods to the Buyer to the place and in the time range, it is the Buyer's obligation to take over the goods in person or to ensure the takeover of the goods by a person authorized by the Buyer. The Buyer is obliged to sign a protocol on payment of the purchase price, delivery and handover of the goods. The obligation of the third party authorized to take over the goods is to submit to the Seller a copy of the acceptance of the order. Upon delivery of the goods to the Buyer, the goods are considered delivered. Delivery of the goods to the Buyer means delivery of the goods to the Place, taking over by the Buyer or a third party authorized by the Buyer and signing a protocol on payment of the purchase price and delivery and delivery of the Goods by the Buyer or a third party authorized by the Buyer. 5.7. If necessary to repeat the delivery of goods due to the absence of the Buyer on the spot and within the time rage or if the Buyer does not take over the goods within 7 days after the expiration of the time rage without prior written withdrawal from the purchase contract, the Seller is entitled to compensation in the actual cost of damage for an unsuccessful delivery of the goods to the place. 5.8. The Buyer's obligation is to check the received shipment, the packaging of the goods and also the goods, immediately after delivery in the presence of the Seller's representative, such as a courier. If a defect in the goods is found, it is the duty of the Seller's representative to allow the Buyer to make a record of the nature and extent of the defect in the goods, the correctness will be confirmed by the Seller's representative. With the record prepared in this way, it will be delivered to the Seller. In this way, the Buyer may refuse to take over the delivered goods with a defect or confirm the delivery of the goods with a defect and subsequently in accordance with Art. 8 of these business and complaint conditions to file a claim for defects in the goods with the Seller or a person designated by him. If the Buyer refuses to take over the delivered goods with defects, all purposefully incurred costs of returning the goods to the Seller shall be borne by the Seller. 5.9. In case of non-delivery of the goods by the Seller, the Buyer is entitled within the period specified in point 5.2. of these terms and conditions to withdraw from the purchase contract and the Seller is obliged to return to the Buyer the already paid purchase price or part thereof within 14 days from the date of delivery of the withdrawal from the purchase contract. The funds will be transferred to a bank account designated by the Buyer.

  1. Purchase price

  6.1. The purchase price for the goods, which was agreed in the purchase contract between the Buyer and the Seller is stated in the acceptance of the order (hereinafter referred to as the "purchase price"). If the purchase price stated in the order confirmation is higher than the price for identical goods stated in the e-commerce offer at the time of sending the order to the Buyer, the Seller will deliver to the Buyer an electronic message informing about the offer of a new purchase price in another amount which is considered as a proposal of the Seller to conclude a new purchase contract, which the Buyer must explicitly confirm by e-mail or in writing in order for a valid conclusion of the purchase contract. 6.2. The Buyer is obliged to pay the Seller the purchase price, including the cost of delivery of goods in cash, cash on delivery at the place of delivery, or cashless transfer to the Seller's account specified in the order acceptance or on the Seller's website before taking over the goods. 6.3 When paying the purchase price by wire transfer to the Seller's account, the moment when the entire purchase price was credited to the Seller's account is considered the day of payment. 6.4 The Buyer's obligation is to pay the Seller the purchase price for the agreed goods within the period specified in the purchase contract, but no later than when taking over the goods. 6.5 The Seller is entitled to refuse delivery of the goods to the Buyer if the Buyer does not pay the Seller the full purchase price by the time of delivery of the goods to the Place.

  1. Acquisition of ownership and transfer of the risk of damage to the goods

7.1 The Buyer acquires ownership of the goods only by full payment of the purchase price for the goods. 7.2 At the moment of taking over the goods by the Buyer or a third party authorized by the Buyer from the Seller or his representative authorized to deliver the goods, the risk of damage to the goods passes to him/her.

  1. Complaints procedure (warranty, liability for defects, complaints)

8.1. The Buyer has the right to free removal of the defect, in a timely and proper manner, with respect to the defect of the goods, which can be removed. It is the Seller's responsibility to eliminate the defect without undue delay. 8.2. Instead of eliminating the defect, the Buyer may request the replacement of the goods or, if the defect concerns only a certain part of the goods, the replacement of this part, unless the Seller incurs disproportionate costs due to the price of the goods or the severity of the defect. 8.3. The Seller may always exchange defective goods for goods without defects, unless this causes serious difficulties for the Buyer. 8.4. In the case of a defect in the goods which cannot be removed and which prevents the goods from being properly used as a thing without defects, the Buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights belong to the Buyer in the case of remediable defects, but if the Buyer can not properly use the goods due to the recurrence of the defect after repair or for a larger number of defects. 8.5. In the case of other irreparable defects, the Buyer is entitled to a reasonable discount on the price of the goods. 8.6. The Seller instructed the Buyer about his/her rights, which arise from the stat. § 622 of the Civil Code (points 8.1. To 8.3. Of these business and complaint conditions) and the rights arising from the provisions of Art. § 623 of the Civil Code (points 8.4. To 8.5. Of these business and complaint conditions) by placing these business and complaint conditions on the relevant subpage of the Seller's e-shop and the Buyer had the opportunity to read them before sending the order. 8.7. The Buyer is obliged to file a complaint with the Seller or a designated person. The Seller is responsible for defects in the goods in accordance with applicable laws of the Slovak Republic. 8.8. The handling of complaints is governed by the valid complaint procedure of the Seller, ie Art. 8. of these terms and conditions. The Buyer was duly acquainted with the complaint procedure and informed about the conditions and method of claiming the goods, including information on where the claim can be made, and about the performance of warranty repairs in accordance with Art. § 18 par. 1 of Act no. 250/2007 on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Act") in the period before concluding the purchase contract by placing these business and complaint conditions on the relevant subpage of the Seller's e-shop and the Buyer had the opportunity to read them before sending the order. 8.9. Goods purchased by the Buyer from the Seller in the form of e-commerce on the Seller's e-commerce website are subject to the complaint procedure. 8.10. If the goods show defects for which the manufacturer, supplier or Seller is responsible, they are covered by the warranty and were purchased from the Seller, the Buyer has the right to claim liability from the Seller for defects in the goods. 8.11. If the goods show defects, the Buyer has the right to file a complaint at the Seller's premises in accordance with Art. § 18 par. 2 of the Act by delivering the goods to the Seller's premises and delivering to the Seller a statement of the Buyer's will to exercise his right under points 8.1. to 8.5. of these business and complaint conditions (hereinafter referred to as the "Notice of Complaint"), e.g. in the form of a completed complaint form, which is located on the relevant subpage of the Seller's e-commerce. The Seller recommends insuring the goods when sending them for a complaint. The Seller does not accept cash on delivery. The Buyer is obliged to state all the required information truthfully in the Notice of Complaint, in particular to precisely indicate the type and extent of the defect in the goods; the Buyer shall also state which of his rights arising from para. Sections 622 and 633 of the Civil Code apply. The Buyer has the right to file a complaint with a person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as the "designated person"). The list of designated persons is given in the warranty card or sent to the Buyer at the request of the Seller. 8.12. The complaint procedure concerning goods that can be delivered to the Seller begins on the day when all of the following conditions are cumulatively met:

  1. a) delivery of the notification of the complaint by the Buyer to the Seller
  2. b) delivery of the claimed goods from the Buyer to the Seller or a person designated for that
  3. c) delivery of access codes, passwords, etc. to the claimed goods to the Seller, if these data are necessary for the proper handling of the complaint.

8.13. The Seller or a designated person shall issue to the Buyer a confirmation of the claim for the goods in a suitable form chosen by the Seller, e.g. in the form of an e-mail or in writing, in which he is obliged to accurately indicate the claimed defects of the goods and once again inform the consumer of his rights under point 8.1. to 8.3. these business and complaint conditions (provisions of § 622 of the Civil Code) and the rights arising from point 8.4. to 8.5. of these business and complaint conditions (provisions of § 623 of the Civil Code). If the complaint is made by means of long-distance communication, the Seller is obliged to deliver the confirmation of the complaint to the Buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the settment of thr claim. The confirmation of the claim need not be delivered if the Buyer has the opportunity to prove the claim in another way. 8.14. The Buyer is entitled to decide which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code applies and at the same time is obliged to immediately deliver information about its decision to the Seller. Based on the decision of the Buyer, which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code is applied by the Seller or a designated person obliged to determine the method of handling complaints pursuant to Art. § 2 letter m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the goods is required no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the Seller or the designated person will handle the complaint immediately, in justified cases, the complaint can be resolved later. However, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the time limit for settling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods. 8.15. If the Buyer has made a claim for the goods within the first 12 months from the conclusion of the purchase contract, the Seller may reject the claim only on the basis of an expert opinion or opinion issued by an authorized, notified or accredited person or the opinion of a designated person (hereinafter "expert assessment of goods"). Irrespective of the result of the professional assessment, the Seller may not require the Buyer to pay the costs of the professional assessment of the goods or other costs related to the professional assessment of the goods. 8.16 If the Buyer has made a product complaint 12 months after the conclusion of the purchase contract and the Seller has rejected it, the person who handled the complaint is obliged to state in the complaint document to whom the Buyer can send the goods for professional assessment. If the Buyer sends the goods for expert assessment to the designated person specified in the document on the handling of the complaint, the costs of expert assessment of the goods, as well as all other related purposefully incurred costs shall be borne by the Seller, regardless of the result of expert assessment. If the Buyer proves by professional assessment the responsibility of the Seller for the claimed defect of the goods, he can file a complaint again; the warranty period does not expire during the professional assessment of the goods. The Seller is obliged to reimburse the Buyer within 14 days from the date of the re-submitted complaint all costs incurred for the professional assessment of the goods, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected. 8.17. The Buyer has no right to exercise the right of liability for defects of which he was notified by the Seller at the time of concluding the contract, or which, taking into account the circumstances under which the purchase contract was concluded, he must have known. 8.18. The Seller reserves the right to replace the defective goods with other perfect goods with the same or better technical parameters, if this does not cause serious difficulties for the Buyer. 8.19 The Seller is not responsible for defects in the goods:

  1. in the case of an obvious defect which the Buyer was able to detect by checking the consignment on delivery of the goods and which he did not notify the Seller's representative in accordance with point 5.8. these complaint and business conditions,
  2. if the Buyer has not exercised his/her right regarding the Seller's liability for a defect in the goods by the end of the warranty period of the goods,
  3. if the defect of the goods is mechanical damage to the goods caused by the Buyer,
  4. if the defect of the goods was caused by the use of the goods in conditions that do not correspond in their intensity, humidity, chemical and mechanical influences to the natural environment of the goods,
  5. if the defect of the goods was caused by improper handling, service or neglect of care of the goods,
  6. if the defect of the goods was caused by damage to the goods by excessive loading or use in violation of the conditions specified in the documentation or the general principles of normal use of the goods,
  7. if the defect of the goods was caused by damage to the goods by unavoidable and / or unforeseeable events,
  8. if the defect of the goods was caused by damage to the goods by accidental damage and accidental deterioration,
  9. if the defect of the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure,
  10. if the defect of the goods was caused by an interference with the goods by an unauthorized person.

8.21. It is the Seller's obligation to settle the complaint and terminate the complaint procedure in one of the following ways:

  1. a) exchange of goods,
  2. b) return of the purchase price of the goods,
  3. c) by handing over the repaired goods,
  4. d) payment of a reasonable discount on the price of the goods,
  5. e) a written invitation to take over the performance specified by the Seller,
  6. f) by reasoned rejection of the claim for the goods.

8.22. The Seller is obliged to issue a written document to the Buyer about the method of handling of the complaint and document about handling of the complaint no later than 30 days from the date of the complaint made in person, through the provider of postal service or courier or delivery service. The Seller will inform the Buyer about the result of handling the complaint immediately after the end of the complaint procedure by phone or e-mail, and at the same time he will be together with the goods, resp. proof of complaint handling delivered via e-mail. 8.23. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases. 8.24. In the case of warranty repair of goods, the warranty period is extended by the time during which the Buyer could not use the goods. 8.25. In the case of exchange of goods for new goods, the warranty period begins to run again from the receipt of new goods, but only for new goods. In the case of an exchange of goods for a new one, the Buyer will receive a document stating information about the exchange of goods, and any other complaints are applied on the basis of the purchase contract and this complaint document. 8.26. In the event of a remediable defect, the complaint will be settled according to the decision of the Buyer according to point 8.15. of these complaint and business conditions as follows: 1 (a) the Seller replaces the defective goods; or 2 b) the Seller will ensure the elimination of the defect 8.27. In the case of a remediable defect and if the Buyer shall not immediately determine in accordance with point 8.15. of these complaint and business conditions, how the complaint should be handled, the Seller will handle the complaint by eliminating the defect. 8.28. In the case of a defect that cannot be remedied, or a single repetitive remediable defect, or a number of different remediable defects that prevent the goods from being properly used as a defect, the Seller will, depending on the Buyer's decision under the art. 8.15. of these complaint and business conditions, proceed as follows:

  1. exchange goods for other functional goods of the same or better technical parameters, or
  2. in the event that the Seller is unable to exchange the goods for another, he will settle the complaint by refunding the purchase price for the goods.

8.29. In the event of an irreparable defect or a repeated defectable defect, or in the case of a number of different remediable defects which prevent the proper use of the goods than without a defect and the Buyer shall not immediately determine in accordance with point 8.15. of these complaint and business conditions, how the complaint should be handled, the Seller will handle the complaint by exchanging the goods for other functional goods of the same or better technical parameters. 8.30. Complaint procedure applies only to defects listed in the Notice of Complaint and in the confirmation of the claim of the goods according to point 8.14. these complaint and business conditions. 8.31. For the purposes of a complaint, the occurrence of one remediable defect more than twice is considered to be a recurring remediable defect. 8.32. For the purposes of a complaint, the occurrence of more than three different remediable defects at the same time is considered to be a larger number of different remediable defects. 8.33. The right of the Buyer to file a claim for a defect in the goods is consumed after the Buyer has exercised his/her right and asked the Seller to remove the defect in the goods according to point 8.1. of these complaint and business conditions, regardless of the result of the complaint. The Buyer is no longer entitled to file a complaint repeatedly for the same unique defect (not a defect of the same type). 8.34. The provisions of Art. 8 of these complaint and business conditions do not explicitly apply to entities that do not meet the definition of consumer set out in Art. § 2 letter a) of Act 102/2014.

  1. Personal data and protection
  • The contracting parties have agreed that the Buyer, if he/she is a natural person, is obliged to notify the Seller his/her name and surname, address of permanent residence, including postal code, telephone number and e-mail address.
  • The contracting parties have agreed that the Buyer, if it is a legal entity, is obliged to notify the Seller his business name, registered office address, including postal code, ID number, telephone number and e-mail address.
  • The Buyer can check and change the provided personal data at any time, as well as cancel his/her registration after logging in to the e-commerce website in the My Account section.
  • The Seller hereby notifies the Buyer that the meaning of Act no. 18/2018 Collection of Laws of Slovak Republic on Personal Data Protection and on Amendments to Certain Acts as Amended (hereinafter referred to as “PDP”) the Seller will process the Buyer's personal data in the process of concluding the purchase contract without the Buyer‘s consent, as the Buyer's personal data will be processed in pre-contractual relations with the Buyer and the processing of personal data of the Buyer is necessary for the performance of the purchase contract, in which the Buyer acts as one of the parties.
  • The Buyer may, by checking the appropriate box before sending the order, express his/her consent in accordance with the PDP for the Seller to process and store his/her personal data, especially those listed above and / or necessary for the Seller's activities to send information about new products, discounts and shares on the offered goods and processed them in all its information systems.
  • The Seller undertakes to handle and dispose of the Buyer's personal data in accordance with the valid legal regulations of the Slovak Republic.
  • The Seller declares that in accordance with PDP it will collect personal data exclusively for the purpose stated in these business and complaint conditions.
  • The Seller declares that, in accordance with the PDP, it will collect personal data for purposes other than those specified in these terms and conditions separately and ensure that personal data is processed and used exclusively in a manner appropriate to the purpose for which they were collected and that it will not associate them with personal data obtained for other purposes.
  • In accordance with clause 9.5. of these terms and conditions, the Buyer grants the Seller a consent to process his/her data, for a definite period of time- until the purpose of processing the personal data of the Buyer is fulfilled. After fulfilling the purpose of processing, the Seller will immediately ensure the liquidation of the Buyer's personal data. The Buyer may revoke the consent to the processing of personal data at any time in writing. The consent expires within 1 month from the delivery of the revocation of the consent by the Buyer to the Seller.
  • Before sending the order, the Buyer will be asked to confirm, by checking the box before sending the order, that the Seller has notified him in a sufficient, comprehensible and irreplaceable way that:
  1. its identification data, which are listed in Art. 1. of these terms and conditions,
  2. identification data of a third party, which is a company that delivers the ordered goods to the Buyer,
  3. the purpose of processing personal data, which is the conclusion of a purchase contract between the Seller and the Buyer,
  4. that it will process the personal data of the Buyer in the range of name and surname, address of permanent residence including postal code, telephone number and e-mail address if the Buyer is a natural person and in the range of business name, registered office address including postal code, ID number, telephone number and e-mail address if the Buyer is a legal entity person,
  5. that the Buyer is obliged to provide the required personal data.
  • The Seller declares that it will process personal data in accordance with good morals and will act in a manner that does not contradict the PDP or other generally binding legal regulations, nor will it circumvent them. The Seller declares that it will not enforce or condition the consent of the person concerned by threatening to reject the contractual relationship, service, goods or obligation imposed on the Seller.
  • The Buyer has the right to request the Seller upon written request
  1. confirmation of whether or not personal data about him/her are processed,
  2. the purpose of processing personal data,
  3. information on the processing of his/her personal data in the information system and its status in a generally comprehensible form, to the extent of:
  4. identification of the Seller and the Seller's representative, if appointed,
  5. intermediary identification data; this does not apply if the Seller does not proceed in accordance with § 34 PDP when obtaining personal data,
  6. accurate information in a generally comprehensible form about the source from which the Seller obtained the personal data for processing,
  7. a copy of the personal data which are the subject of the processing in a generally comprehensible form,
  8. additional information which, with regard to all circumstances and conditions of personal data processing, is necessary for the Buyer to guarantee his/her rights and legally protected interests to the extent in particular:
  9. instruction on voluntariness or obligation to provide required personal data; if the Seller obtains the Buyer's personal data on the basis of the Buyer's consent under the PDP, he shall also notify the time of validity of the consent, and if the Buyer's obligation to provide personal data arises from a directly enforceable legally binding act of the European Union, international agreement by which the Slovak Republic is bound, the Buyer will notify the Seller the legal basis imposing this obligation on him/her and the Seller will inform him/her of the consequences of refusing to provide personal data,
  10. information about third parties, if it is anticipated or obvious that personal data will be provided to them,
  • the group of recipients, if it is expected or clear that personal data will be made available to them,
  1. the form of disclosure if personal data are to be disclosed,
  2. third countries, if it is envisaged or clear that personal data will be transferred to those countries,
  3. correction of incorrect, incomplete or out-of-date personal data which are the subject of processing,
  4. destruction of personal data if the purpose of their processing has been fulfilled; if official documents containing personal data are the subject of processing, the Buyer may request their return,
  5. liquidation of personal data, which are the subject of processing, if there has been a violation of PDP or other valid legislation of the Slovak Republic.
  • On the basis of a free written request, the Buyer has the right to object to the Seller against:
  1. the processing of personal data which he/she expects to be or will be processed for direct marketing purposes without his/her consent and request their destruction,
  2. the use of personal data referred to in § 31 for the purposes of direct marketing in the postal service, or
  3. the provision of personal data referred to in § 31 for the purposes of direct marketing.

 

  • Based on a free written request, the Buyer has the right to object to the processing of personal data in cases under § 31 PDP by expressing legitimate reasons or submitting evidence of unauthorized interference with his/her rights and legally protected interests, which are or may be in such a case personal data processing. damaged; if this is not prevented by legal reasons and it is proven that the Buyer's objection is justified, the Seller is obliged to block and destroy the personal data whose processing the Buyer objected to without undue delay as soon as circumstances allow.
  • Upon written request or in person, if the matter cannot be postponed, the Buyer has the right to object to the Seller at any time and not to submit to the Seller's decision, which would have legal effects or significant impact, if such a decision is issued solely on the basis of automated processing of his/her personal data. The Buyer has the right to request the Seller to review the issued decision by a method different from the automated form of processing, while the Seller is obliged to comply with the Buyer's request, so that the decisive role in reviewing the decision will play an authorized person; the Seller informs the Buyer about the method of examination and the result of the finding within the period according to par. 18. of these Business Conditions. The Buyer does not have this right only if provided by a special law, which provides for measures to safeguard the legitimate interests of the Buyer, or if within the pre-contractual relationship or during the existence of contractual relationships the Seller issued a decision to comply with the Buyer's request, or if the Seller has taken other appropriate measures to safeguard the legitimate interests of the Buyer.
  • If the Buyer exercises his/her right in writing and it follows from the content of the application that the Buyer exercises his/her right, the application shall be deemed to have been filed pursuant to the Act; the Buyer shall deliver the request submitted by e-mail or fax in writing no later than three days from the date of its sending.
  • If the Buyer suspects that his/her personal data are being processed unjustifiably, the Buyer may submit a notification to the Office for Personal Data Protection. If the Buyer does not have full legal capacity, his/her rights can be exercised by a legal representative.
  • The Seller is obliged to process the Buyer's request in accordance with this Art. of these business and complaint conditions, and comply with the requirements of the Buyer according to PDP and inform him/her in writing no later than 30 days from the receipt of the request or request.
  • Restriction of the rights of the Buyer according to the PDP, will be immediately notified by the Seller to the person concerned in writing and the Office of personal data protection.
  • The Seller informs the Buyer that in accordance with the PDP, during the processing of the Buyer's personal data, it is assumed that the Buyer's personal data will be provided and made available to the third parties who provide accounting for the Seller.
  1. Withdrawal from the purchase contract

10.1. If the Seller is unable to fulfill its obligations under the purchase contract, due to the sale of stock, unavailability of goods or if the manufacturer, importer or supplier of goods agreed in the purchase contract has discontinued production or made major changes that prevented the fulfillment of the Seller's obligations resulting from the purchase contract or for reasons of force majeure or if, even with all efforts that can be reasonably required of the Seller, is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price specified in the order, the Seller is obliged to immediately inform the Buyer and at the same time is obliged to offer the Buyer a substitute performance or the possibility for the Buyer to withdraw from the purchase contract (cancel the order). In the event that the Buyer withdraws from the purchase contract for the reasons stated in this point of these complaint and business conditions, the Seller is obliged to return to the Buyer the deposit already paid for the goods agreed in the purchase contract within 14 days of notification of withdrawal by transfer to the account specified by the Buyer. 10.2. The Buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with Art. § 7 et seq. Act no. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as the “Act on Consumer Protection in Distance Selling”) within 14 days of receipt of the goods, resp. from the date of concluding a contract for the provision of a service or a contract for the provision of electronic content not delivered on a tangible medium, if the Seller has fulfilled the information obligations pursuant to Art. § 3 of the Act on Consumer Protection in Distance Selling. 10.3. Within this period, the Buyer has the right to unpack and test the goods after receipt in a manner similar to the usual purchase in a classic "stone" store, to the extent necessary to determine the nature, properties and functionality of the goods. 10.4. The beginning of the period for withdrawal from the contract is set on the day on which the Buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods or if

  1. a) delivers goods consisting of several parts or pieces, from the day of taking over the last part or the last piece,
  2. b) the goods ordered by the Buyer in one order are delivered separately, from the day of taking over the goods that were delivered last,
  3. c) under the contract, the goods are delivered repeatedly during a defined period, from the day of taking over the first delivered goods.

10.5. The Buyer may withdraw from the purchase contract, the subject of which is the purchase of goods even before the start of the period for withdrawal from the contract. 10.6. Withdrawal from the contract requires a written form, in a way that does not raise doubts that the withdrawal from the contract was made in error or in the form of a record on another durable medium, or using the form that forms Annex no. 1 of these business and complaint conditions. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the Seller no later than the last day of the period under Art. § 7 par. 1 of the Act on Consumer Protection in Distance Selling. 10.7. Withdrawal from the purchase contract according to the aforementioned point of these business and complaint conditions must contain the information required in the form of withdrawal from the purchase contract, which forms Annex no. 1 of these business and complaint conditions, in particular the identification of the Buyer, the number and date of the order, the exact specification of the goods, the manner in which the Seller is to return the performance already received, in particular the account number and / or postal address of the Buyer. 10.8. In the event of withdrawal from the purchase contract by the Buyer, any additional contract related to the purchase contract from which the Buyer has withdrawn is also canceled. It is not possible to demand from the Buyer any costs or other payments related to the cancellation of the supplementary contract, except for the payment of costs and payments referred to in Art. § 9 par. 3, par. § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Prices for a Service, if the subject of the contract is the provision of a service and the full provision of the service has taken place. 10.9. Within 14 days from the date of withdrawal from the purchase contract, the Buyer is obliged without undue delay to send the goods back to the address of the operator's registered office or hand it over to the Seller or a person authorized by the Seller to take over the goods. This does not apply if the Seller has proposed to pick up the goods in person or through a person authorized by him. The period according to the first sentence of this point of these terms and conditions of business and complaint is considered to be observed if the goods were handed over for transport no later than on the last day of the period. 10.10. The Buyer is obliged to deliver to the Seller the complete goods, including complete documentation, undamaged, preferably in the original packaging and unused. 10.11. Cash on delivery will not be accepted by the Seller. It is recommended to insure the goods. The Seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the Buyer to return to the Buyer all payments received from him under the purchase contract or in connection with it, including shipping, delivery and postage and other costs and fees. . The Seller is not obliged to return the payments to the Buyer under this point of these terms and conditions before delivery of the goods or until the Buyer proves the return of the goods to the Seller, unless the Seller suggests that he pick up the goods in person or through a person authorized by him. 10.12. The cost of returning the goods to the Seller is borne by the Buyer. The goods are returned directly to the Seller or to a person authorized by the Seller to take over the goods. This does not apply if the Seller has agreed to bear these costs himself or if he has not fulfilled the obligation under § 3 para. 1 letter i) of the Act on Consumer Protection in Distance Selling. 10.13. The Buyer is only responsible for the reduction in the value of the goods, which arose as a result of such handling of the goods, which is beyond the scope of treatment necessary to determine the properties and functionality of the goods. The consumer is not responsible for the reduction in the value of the goods if the Seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract under § 3 para. 1 letter h) of the Act on Consumer Protection in Distance Selling. 10.14. The Seller is obliged to return the purchase price for the goods to the Buyer in the same way as the Buyer used in his payment, unless the Buyer agrees on another method of refund without additional payment to the Buyer in this regard. 10.15. In the event that the Buyer withdraws from the contract and delivers to the Seller goods that are used, damaged or incomplete, the Buyer undertakes to pay the Seller:

  1. the value by which the value of the goods was reduced in accordance with Art. § 457 of the Civil Code in the actual amount,
  2. costs incurred by the Seller in connection with the repair of the goods and their restoration to the original condition calculated according to the price list for post-warranty service of goods,

Pursuant to this point of the complaint and business conditions, the Buyer is obliged to pay the Seller compensation to the Seller at most in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract. 10.16. The provisions of Art. 10 of these business and complaint conditions do not explicitly apply to entities that do not meet the definition of consumer set out in Art. § 2 letter a) of the Act.

  1. Final provisions

11.1. In the case of concluding a purchase contract in writing, any change must be in writing. 11.2. The contracting parties have agreed that communication between them will take place in the form of e-mail messages. 11.3. On the relations not regulated by these terms and conditions of complaint are subject to the relevant provisions of the Civil Code, Act. No. 22/2004 of the Collection on electronic ecommerce and on the amendments to Act No. 128/2002 of the Collection on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act No. 284/2002 of the Collection as amended and Act No. 102/2014 Collection on consumer protection in distance selling. 11.4. These business and complaint conditions take effect against the Buyer by concluding a purchase contract. 11.5. Before sending the order, the Buyer will be asked to confirm by checking the box that he has read these business and complaint conditions, understand their content and fully agrees with them.

Annex 1 - Withdrawal form
Annex 2 - Instruction on the exercise of the buyer's right to withdraw from the purchase contract