General terms and conditions
- These general terms and conditions (hereinafter referred to as „Terms and Conditions“ or „ GTC“) are drawn up in accordance with the provisions of Act no. 40/1964 Coll. Civil Code in force (hereinafter referred to as „Civil Code“), Act no. 250/2007 Coll. on consumer protection and amending the 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 services under contract closed remotely or contract concluded outside the Seller’s operational premises and on the amendment of certain laws (hereinafter referred to as a „ Consumer Protection Act in Distance Sales“).
- The seller is:
Business name: EKOfence, s.r.o.
ID no.: 44 512 031
VAT no.: SK2022722724
Tax no.: 2022722724
Address: Vajanského 5710/73, 080 01 Prešov, Slovak republic
Registered at: Commercial register of District court Prešov, section: Sro, Insert no. 20933/P
Tel. number: +421 915 925 291
- These GTC adjust mutual rights and obligations between the seller and a natural person that concludes the purchase contract (hereinafter referred as „The Buyer“) via a web interface located on the website available at www.ekofence.sk, which serves as a seller’s internet shop (hereinafter referred to as „E- Shop“).
- The provisions of the Terms and Conditions are an integral part of the purchase contract. Different arrangements in the Purchase Agreement take precedence over the provisions of these GTC.
- These GTC and the purchase contract shall be concluded in English language.
- These GTC only apply to consumers, natural persons buying goods for their own consumption.
- These GTC does not apply to entrepreneurs who are interested in buying goods for the purpose of its resale. In the case of such clients, it is necessary to contact the seller on the above contact details and negotiate the terms of business cooperation.
- For the purposes of these GTC, the entrepreneur is understood:
- a person registered in the Commercial Register,
- a person who performs business activity on basis of small-trade license,
- a person who performs business activity on basis of another license, different from small-trade license, under special regulations,
- a person who performs agricultural production and it is registered in the registry under a special regulation.
The entrepreneur, for the purposes of these GTC, is also one who acts in accordance with the previous sentence within its business activity. If the buyer indicates its identification number (IČO), then the buyer takes into account that, for such relationship there shall be applied specific GTCs for entrepreneurs.
- The buyer is a consumer in terms of § 52 par. 4 of the Civil Code and § 2 letter (a) of the Consumer Protection Act.
- The consumer is a natural person who, when concluding and implementing the consumer contract, does not act as part of his business or other business activity. The Seller’s legal relations with consumers, which are not expressly regulated by these GTCs, shall be governed by the relevant provisions of the Act. no. 40/1964 Coll. Civil Code, as well as related regulations.
- The order is completed and sent electronic order form containing information about Buyer, or the recipient (if Buyer is not identical to recipient), ordered goods from the offer of an online store and the price of the goods ordered.
- The Goods orthe item is any product from the product catalogue located on the seller’s website www.interiera.sk. The order may contain several items from the product catalogue as well as each item in the order can be represented by a variety of pieces.
- Graphical representation of goods on the Seller website can meet in some cases only illustrative function, while buyer is entitled to verify the seller’s actual form of making goods.
- Related relations between the seller and purchaser resulting from the purchase, supply of goods and claims of the goods are governed primarily by these GTC or the contract between the seller and the buyer if it is particularly concluded, and subsequently by the regulations of the Slovak Republic, unless these GTC states otherwise. These GTC also regulate the rights and obligations of the Parties to the moment of concluding the purchase contract, especially as regards the conclusion of the purchase contract itself.
- Data published on the website regarding the availability of goods are not binding for the seller. They have an informative character. The seller’s commitment to deliver the goods to the Buyer shall be considered as valid and effective only after seller confirms the order. The data published on the website may not always be correct and complete compared to the actual state. Such data represents only an indicative estimate of time when the goods should be delivered to the buyer. The goods sold via the seller’s website can be limited to the current stocks of the seller and the additional ordering and / or supply of goods after its sell-out, may not always be possible.
- The seller is entitled to be represented by other person, during operating of the e-shop and during performance of other, related activities. In the case when the seller does notify the buyer that some acts are carried out by other, a particularly designated person, the buyer undertakes to communicate and settle the matters directly with such other, designated person.
Information on goods and prices
- The information about goods, including the prices of individual goods and its main properties, are listed next to individual items in the e-shop catalogue. The prices of goods are listed including value added tax, all related charges and costs for returning goods, if this item, due to its nature, cannot be returned by mail. The prices of goods remain in effect until they are displayed in e-shop.
- All presentations of goods placed in the e-shop catalogue are informative character and the seller is not obliged to conclude a purchase contract on this product.
- In e-shop, information on the costs associated with packaging and delivery of goods are disclosed. Information on the costs associated with the packaging and the delivery of the goods listed in the e-shop is valid only when the goods are to be delivered within the territory of the Slovak Republic. The seller is not obliged to accept the inquiry for delivery of goods outside the territory of the Slovak Republic.
- Possible discounts from the purchase price of goods cannot be combined with each other, unless the seller agrees with the buyer otherwise.
Order and conclusion of the purchase contract
- The proposal for the conclusion of the purchase contract is done by the disclosure of the goods on the website. The purchase contract arises by sending the purchaser’s (consumer’s) order and by acceptance of such order by the seller. Such acceptance shall be immediately notified by seller to the buyer by informative email to the buyer’s email, but this notification has no effect to the creation of the contract. In the information email sent to the buyer, the buyer shall also find a reference to the current wording of the GTC and the Complaint order of the seller. The resulting contract (including the agreed price) can only be changed or disturbed by the parties agreement or on the basis of legal reasons.
- Costs incurred by the buyer when using a remote communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs), are to be paid by buyer himself.
- The buyer performs the ordering of the goods by these ways:
a) through its customer account, after prior registration in e-shop,
b) by completing the order form without registration.
- When entering the order, the buyer selects the goods, the number of items of goods, method of payment and delivery.
- For a valid conclusion of the purchase contract pursuant to paragraph 3 letter b) of this clause hereof, it is required that the buyer duly completed the order form on the Seller’s website, including the confirmation of buyer that he was informed about conditions of processing the buyer’s personal data and granting consent with the conditions under these GTC. The buyer is obliged to update such personal data on the portal, when sending an order, as their accuracy, truth and timeliness affects the delivery of goods to the buyer. The condition of successful completion of the order form is to fill in the data that is marked in the order form as mandatory. The buyer is obliged to indicate correct, complete and true data. The buyer is liable for any damage caused by breach of this obligation.
- The purchase contract is closed by delivering order acceptance by buyer or acceptance of changed order. Confirmation that the buyer’s order has been successfully filed on the Seller’s website is not an acceptance of an order that would create the purchase contract to the goods listed in the order.
- When filling out the order form, the buyer is obliged to proceed according to navigation instructions on the web page. The buyer is obliged to indicate complete, true and correct data necessary for the right delivery of goods. The buyer is obliged to check the correctness of data selected in process of ordering the goods, before their definitive dispatch to the seller.
- It is explicitly excluded the application of any other purchaser’s conditions listed in the order, another document, report or in the buyer’s e-mails that would be contrary to these GTC.
- The buyer’s order is considered to be submitted if it is delivered to the seller and if it contains all the required data – name of the ordered goods, its quantity, price, delivery, billing address, email and telephone contact (mobile) of the buyer. Unless GTC provide otherwise in a specific provision, the seller is bound by its offer of the goods, including their price, from the moment of sending the acceptance of the order to the buyer (contract conclusion) until the delivery of goods to the buyer.
- Before sending an order to the seller, it is always required from the buyer so that the buyer confirmed that he is familiar with and agrees with the applicable GTC, considering them as a part of contractual relationship between the seller and the buyer. The process of preparation and sending of the order by the buyer cannot be completed without executing action under previous sentence. Each order is assigned to the registration number. When communicating with the seller and when making a payment, the buyer is always obliged to state the registration number of the order.
- Based on the agreement of the parties and in accordance with the GTC, the purchase contract between the parties is concluded when the seller confirms the buyer’s order and at the same time accepts it (i.e. agrees with the order) by a special e-mail or message addressed to the buyer. The seller will accept the buyer’s order by sending an e-mail or message to the buyer. The acceptance message of the seller will state “Acceptance of order no. …… “. By accepting the order, a purchase contract is concluded between the parties. Based on the agreement of the parties and these GTC, the seller is obliged to deal with such accepted order within the period according to the method of delivery of the ordered goods.
- Order can buy the buyer by e-mail by the seller if this appeal runs through the seller before the seller sends the acceptance of the order by the GTC. Vain expiry of the order for receiving an order (order acceptance) by the seller without its acceptance will automatically be cancelled.
The buyer may cancel the order by e-mail delivered to the seller, if this cancellation occurs to the seller before the seller sends the acceptance of the order in accordance with the GTC. If the deadline for acceptance of the order (acceptance of the order) by the seller without its acceptance expires, the order will be automatically cancelled.
- In the event that the seller is unable to agree – accept the buyer’s order in full (i.e. some of the ordered items will not be available) or if he proposes to change order or to change the terms of delivery for other reasons, the buyer will be informed by e-mail or other in an appropriate manner. At the same time, he will be asked to express his consent or disagreement with the change. The buyer is obliged to express consent or disagreement within 48 hours from the date of notification of the proposed change. During this time, available items from the buyer’s order will be reserved for the buyer. The contractual relationship between the parties shall be established only by acceptance (approval) of the buyer with the proposed change in the order done by seller. In the event that the buyer does not agree to the change within the specified period in the manner specified, the buyer’s order is considered to have been cancelled in full upon the expiration of the specified period and the seller’s proposal for the change is considered as not accepted by the buyer.
- The purchase contract between the seller and the buyer is concluded by the acceptance of the buyer’s order by the seller or the acceptance of the change of the order proposed by the seller and executed by the buyer. The purchase contract will oblige the seller to hand over the object of purchase to the buyer and fulfil the obligations under the GTC. The buyer shall be obliged to take over the object of purchase from the concluded contract, pay the agreed price to the seller for it and fulfil the obligations under the contract and the GTC.
- In special cases and before sending the acceptance, the seller reserves the right to request from the buyer the delivery of other necessary documents, data, or to verify the correctness of the buyer’s e-mail address or mobile number. The seller is always entitled, depending on the nature of the buyer’s order, to ask the buyer for additional authorization of the order or the identity of the buyer in a suitable manner, such as in writing, by e-mail, sms or telephone. If the buyer does not perform additional authorization in the manner required by the seller and within the period required by the seller, after the expiration of this period in vain, the order (before its acceptance) or the purchase contract (after acceptance) is cancelled from the beginning.
- If the seller finds, before or after the conclusion of the contract, a typographical, systemic, human, supplier or other error concerning the goods, their price, availability, quantity or delivery options, as well as in case of stock, unavailability or to deliver the goods to the buyer within the agreed period or at the price stated in the online store or for reasons of force majeure, he will inform the buyer of this fact. In any of these extraordinary cases occur before the conclusion of the contract, the seller and the buyer are entitled to cancel / nullify their order (buyer), or to reject it / not accept it (seller). If such an extraordinary circumstance occurs after the conclusion of the contract, the seller is entitled to withdraw from the contract until the moment of delivery of the goods to the buyer. The buyer is also entitled to withdraw from the purchase contract in accordance with the GTC and legal regulations in the stated case of the occurrence of this extraordinary notified circumstance. If the buyer has already paid the purchase price, this will be returned to him in accordance with legal regulations and the GTC. The seller is entitled to unilaterally withdraw from the contract and / or not hand over the goods to the buyer even if he finds that the within the communication it was provided incorrect, incomplete or false information about the buyer, the person taking over the goods or if there is a risk that there may be caused damage to the seller (e.g. fraudulent proceedings) due to acting of person with whom the seller was communicating.
- In the event of an obvious technical error on the seller’s side, when stating the price of goods in the online store or during the order, the seller is not obliged to deliver the goods to the buyer for this completely incorrect price, even if the buyer was sent an automatic confirmation on receiving an order in accordance with these terms and conditions. The seller informs the buyer of the error without undue delay and sends the changed offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in this case the purchase contract is concluded by a confirmation of acceptance by the buyer to the email address of the seller.
The quality of goods
- The seller undertakes to supply the goods to the buyer:
– in accordance with the seller’s specifications or the characteristics usual for the type of goods in question,
– complying with the standards, rules and regulations in force in the territory concerned,
– specific goods (automatic gate drives, …) equipped with operating instructions, warranty cards.
- Correct selection of goods or its variants (which may subsequently affect the method of its installation, or the price offers of the buyer to his customers), is generally the responsibility of the buyer. The buyer does not require the seller to anticipate the needs of the buyer in this regard.
- The buyer thus also acknowledges that e.g. in the case of the purchase of glass holders to which the glass is mounted other than from the bottom, there are 2 options for fixing the glass to the holder:
- a cheaper version of fixing the glass only using a holder with rubber bands without the need to drill into the glass,
- a more expensive version of fixing the glass using a rubber band holder and the consequent need to use a safety pin with the need to drill into the glass.
Version b) may be more expensive for buyers at the final stage due to the need to drill into the glass during assembly, and thus the version will be more expensive as a result. Due to the need to buy the safety pin by the buyer, version b) is only partially more expensive than version a).
If the buyer buys a cheaper version a), he is fully aware that the glass may slip and be damaged during installation or use.
- The seller is not obliged to specifically notify the buyer of the above. The buyer acknowledges and agrees that the seller will not be liable for any damage resulting from the sliding of the glass.
- The buyer acknowledges and agrees that the seller is not obliged in any way:
a) to draw the buyer’s attention to the various possibilities of fixing the glass to the post;
b) to ascertain where and under what conditions the goods will be assembled;
c) to ascertain whether the goods in question are in fact fit for the intended use by the buyer.
- The provisions of this article of the GTC shall apply mutatis mutandis to any other similar cases.
- Based on the registration of the buyer made in the website of the seller, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
- When registering in the customer’s account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the customer’s account and when ordering the goods are considered correct by the seller.
- Access to the customer’s account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information needed to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not entitled to allow the use of the customer account to third parties.
- The seller may cancel the user account, especially if the buyer does not use his user account for a long time, or if the buyer violates his obligations under the purchase agreement or these terms and conditions.
- The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or the necessary maintenance of third-party hardware and software.
Payment conditions and delivery of goods
- The price of the goods and any costs associated with the delivery of goods under the purchase contract may be paid by the buyer in the following ways:
a) payment in cash up to EUR 5,000 upon receipt of the goods at the place of issue of the goods,
b) via electronic banking (ČSOB banka),
c) payment via a payment terminal upon receipt of the goods at the place of issue of the goods (by payment card),
d) payment via the bank’s internet interface (online payment card: Visa, Visa Electron, Maestro, Master card), while the relevant bank automatically remembers the buyer’s payment card data entered by the buyer for future payments,
e) cash on delivery upon delivery of the goods (cash is received from the buyer by the carrier).
- Together with the purchase price, the buyer is obliged to reimburse the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods. The price for the transport of goods is determined for each individual order depending on the number of items in the order and on the method and place of transport. The price for transport is always stated separately in the order.
- Delivery of goods to the buyer is possible only if the purchase price and the price of transport for the delivered goods are paid. Otherwise, the seller or the carrier is entitled not to deliver the goods and the seller is not in delay with the delivery of the goods. The buyer is obliged to properly take over the goods from the carrier to the extent of the order accepted by the seller. The buyer acquires ownership of the goods only after full payment of the purchase price of the goods, the price of transport and after subsequent taking over of the goods.
- In the case of payment by bank transfer, the buyer follows the instructions of the relevant electronic payment provider.
- In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the time of crediting the relevant amount to the bank account of the seller.
- The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.
- The goods are delivered to the buyer:
• to the address specified by the buyer in the order
• via the place of issue of the goods, at the address of the place of issue of the goods, specified by the buyer.
- The seller ensures or mediates the following methods of delivery:
a) personal collection (at the chosen place of issue of the goods),
b) dispatch by transport service,
c) sending by courier,
d) sending by post to the address or directly to the post office.
Individual modes of transport are offered according to the current availability of individual services and with regard to capacity and travel options. In case of force majeure or failure of the information system EKOfence is not responsible for delayed delivery of goods. All offered modes of transport, their current conditions and prices can be found HERE.
- The costs of delivery of goods depending on the method of sending and taking over the goods are specified in the buyer’s order and in the order confirmation by the seller. If the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
- If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods or costs associated with another method of delivery.
- The seller, transport company or delivery service is entitled to notify the delivery of goods to the buyer by e-mail, text message or other suitable form (e.g. by telephone call). The buyer agrees that the seller shall provide the buyer’s contact details necessary for this purpose to the shipping / forwarding company or the delivery person. The buyer is obliged to be available at the address specified by him at the time of the announced delivery of goods.
- Upon receipt of the goods, the buyer is obliged to prove his identity to the carrier without being asked by means of valid identity documents (ID card or passport). The identity of the buyer and the right to take over the goods must be clear from these documents. In the event that the buyer is taken over by the representative on behalf of the buyer, the representative is obliged to prove himself in addition to the identity document with a relevant power of attorney. Otherwise, the goods do not have to be handed over by the seller / carrier, without delaying the seller in fulfilling his obligations.
- If the buyer unjustifiably refuses to take over the goods or repeatedly unjustifiably does not take them over, the seller is entitled to claim against him all related costs.
- Upon receipt of the goods, the buyer is obliged to check the integrity of the packaging and the completeness of the delivery, especially the number of transport packages (packages / shipments) and obvious defects of the goods. In case of any obvious defects found in connection with the transport and the goods, the buyer is obliged to notify the carrier and the seller immediately, no later than 12 hours. The buyer is obliged to mark on the transport document all obvious damage to the shipment and damage to the packaging. If a violation of the package of the consignment or its contents is found, the buyer is obliged not to accept the consignment from the carrier / courier. By signing the acceptance protocol, the buyer confirms that the shipment was accepted intact. If the buyer does not object to non-delivery of goods and non-delivery of documents delivered with the goods within 12 hours of delivery, based on confirmed delivery and shipping notes, it is assumed that the goods were delivered to the buyer, unless proven otherwise.
- Damage to the goods shall be reported by the buyer to the seller by e-mail or other verifiable means. Additional reports of mechanical damage detectable upon receipt of the goods cannot be taken into account and will not be accepted.
- The seller will issue a tax document – invoice to the buyer. The tax document is sent to the buyer’s email address.
- The buyer acquires ownership of the goods after payment of the full purchase price for the goods, including delivery costs and after taking over the goods, the decisive moment being when both conditions are met. Liability for accidental damage, damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
Withdrawal from the contract
- The buyer who has concluded a purchase contract not as a business entrepreneur, but as a consumer, has the right to withdraw from the purchase contract in the following cases.
- If the purchase contract is concluded at a distance (via an online store) or outside the seller’s premises, and at the same time, if the seller has provided information to the buyer in a timely and proper manner, about the right to withdraw from the purchase contract, about conditions, time and procedure for exercising the right to withdraw from the purchase contract, including the form for withdrawal from the purchase contract (under the provisions of § 3 sec. 1 letter h) of the Act on Consumer Protection in Distance Selling) and at the same time when fulfilling the conditions required by the law, the buyer has the right to withdraw from the purchase contract without giving a reason and without any sanction under the Act on Consumer Protection in Distance Selling.
- The period for withdrawal from the contract is 14 days
• from the moment of taking over the goods or delivered of last ordered item, if the subject of the purchase contract is the delivery of the goods that are delivered separately,
• from the moment of taking over the last part or the last piece, if the subject of the purchase contract is several types of goods or the delivery of several parts,
• the moment of taking over the first delivered goods, if the subject of the purchase contract is goods that are delivered during a defined period.
- The Buyer acknowledges that in accordance with the provisions of § 7 sec. 6 of the Act on Consumer Protection in Distance Selling, he may not withdraw from the purchase contract which subject is:
• the provision of the service, if the provision of the service began with the express consent of the consumer and the consumer has stated that he has been duly informed that, by expressing that consent, he loses the right to withdraw from the contract after full provision of the service, and if full provision of the service has taken place,
• the sale of goods or the provision of services, the price of which depends on price movements in the financial market, which the seller cannot influence and which may occur during the period for withdrawal from the contract,
• the sale of goods made according to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,
• the sale of goods which are subject to rapid depreciation or deterioration,
• the sale of goods enclosed in protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,
• sale of goods which, due to their nature, may be inextricably mixed with other goods after delivery,
• sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, their delivery can be made after 30 days at the earliest and their price depends on the movement of prices on the market, which the seller can not influence,
• performing urgent repairs or maintenance explicitly requested by the consumer from the seller; this does not apply to service contracts and contracts having as their object the sale of goods other than spare parts needed to carry out repairs or maintenance, provided that they were concluded during the seller’s visit to the consumer and the consumer did not pre-order these services or goods,
• the sale of sound recordings, video recordings, sound recordings, books or computer software sold in protective packaging, if the consumer has unpacked that packaging,
• the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
• provision of accommodation services for purposes other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed period,
• the provision of electronic content other than on a tangible medium, if provision of such content began with the express consent of the consumer and the consumer has stated that he has been duly informed that by expressing this consent, he loses the right to withdraw from the contract.
- In order to comply with the deadline for withdrawal from the purchase contract, the buyer must send any unambiguous statement expressing his willingness to withdraw from the purchase contract within the period specified in para. 3 of Article VII of these Terms and Conditions.
- To withdraw from the purchase contract, the buyer can use the standard form for withdrawal from the purchase contract provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the email or delivery address of the seller specified in these terms and conditions. The seller will confirm to the buyer the receipt of the form without delay.
- The buyer who withdrew from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawal from the purchase contract to the seller. The buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by post due to their nature.
- If the buyer withdraws from the purchase contract, the seller shall return to him without delay, but no later than within 14 days of withdrawal from the purchase contract, all funds, including delivery costs, which he has received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if he does not incur additional costs.
- If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
- If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.
- The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
- The seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller shall immediately inform the buyer via the email address specified in the order and return all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer, within 14 days of notification of withdrawal from the purchase contract.
- In the case of a defect in the goods which can be rectified, the buyer has the right to have them rectified free of charge, properly and on time. The seller is obliged to repair the defect without undue delay.
- The buyer is aware of the fact that the seller does not examine the assembly of stainless-steel parts (interior and exterior) in individual cases, and in view of the above, the seller expressly recommends the purchase of goods with the following specification: AISI 304 for interior design / AISI 316 for exterior design.
- The buyer may, instead of remedying the defect, request a replacement of the goods or, if the defect concerns only a part of the goods, a replacement of the part, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect.
- The seller may always replace the defective goods with perfect ones instead of eliminating the defect, if this does not cause serious difficulties for the buyer.
- 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.
- In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the goods.
- The seller is not responsible for any damage or sliding of the filling glass after the assembly of the goods.
- The seller has instructed the buyer about his rights under the provisions of § 622 of the Civil Code and the rights arising from the § 623 of the Civil Code (point 4 and point 5 of this Article of the GTC) by placing the GTC on the relevant subpage of the seller’s e-shop and the buyer had the opportunity to read them in time before sending the order.
- The seller is responsible for defects in the goods in accordance with applicable regulations of the Slovak Republic and the buyer is obliged to file a complaint to the seller or a designated person. Information on designated persons and service points for warranty and post-warranty service is provided on the back of the warranty card or will be provided by the seller to the buyer upon request by telephone or e-mail.
- The valid complaint procedure of the seller applies to the handling of complaints, i.e. Art. VIII 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 warranty claims before concluding the purchase contract by placing these terms and conditions on the relevant subpage of the seller’s e-shop and the buyer had the opportunity to read them before sending the order.
- The buyer has the right to claim liability from the seller during the warranty period for defects in the goods purchased from the seller, for which the manufacturer, supplier or seller is responsible.
- The warranty does not cover mechanical damage to the goods by the buyer, the use of goods in non-compliant or inappropriate conditions, unprofessional handling, neglect of care of goods. At the same time, the seller reserves the right not to return money for such goods and the right not to exchange them for other goods. The warranty also does not cover defects of which the buyer was notified by the seller at the time of concluding the contract or about which, having regard to the circumstances under which the purchase contract was concluded, he must have known.
- The length of the warranty period is governed by the applicable provisions of the Civil Code. The warranty period is 24 months. The warranty period is extended by the period during which the buyer could not use the goods due to warranty repair of the goods.
- The complaint procedure concerning the goods that can be delivered to the seller begins on the day of delivery of the Notice of Complaint to the seller.
- The seller will issue 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 mark the claimed defects of the goods and once again inform the consumer of his rights. 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 complaint; The confirmation of the claim need not be delivered if the buyer has the opportunity to prove the claim in another way.
- The buyer is entitled to decide which of his rights under § 622 and § 623 of the Civil Code applies and at the same time is obliged to immediately deliver information about his decision to the seller. Based on the decision of the buyer, which of his rights in accordance with § 622 and § 623 of the Civil Code he applies, the seller or designated person are obliged to determine the method of handling the complaint, 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 goods is required within 30 days from the day of the complaint procedure. 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 in vain, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods.
- If the buyer has lodged a claim for the goods within the first 12 months of concluding the purchase contract, the seller may settle 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 referred as “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.
- If the buyer has lodged 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-filed 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.
- The seller reserves the right to replace defective goods with other perfect goods with the same or better technical parameters, if this does not cause serious difficulties for the buyer.
- The seller is not responsible for defects of the goods:
a) if the buyer has not exercised his right concerning the seller’s liability for a defect in the goods by the end of the warranty period of the goods,
b) if the defect of the goods is mechanical damage to the goods caused by the buyer,
c) if the defect of the goods was caused by the use of the goods in conditions which by their intensity, humidity, chemical and mechanical influences does not correspond to the natural environment of the goods,
d) if the defect of the goods was caused by improper handling, usage or neglect of care of the goods,
e) 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,
f) if the defect of the goods was caused by damage to the goods by unavoidable and / or unforeseeable events,
g) if the defect of the goods was caused by damage to the goods by accidental destruction and accidental deterioration,
h) if the defect of the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other intervention of force majeure,
i) if the defect in the goods was caused by an intervention to the goods by an unauthorized person.
- The seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
a) by handing over the repaired goods,
b) exchange of goods,
c) refunding the purchase price of the goods,
d) payment of a reasonable discount on the price of the goods,
e) a written invitation to take over the performance specified by the seller,
f) by reasoned rejection of the complaint for the goods.
- The seller is obliged to issue a written document to the buyer about the method of determining the handling of the complaint and the handling of the complaint no later than 30 days from the date of the complaint in person, through the postal or courier service provider.
- In the case of an exchange of goods for a new goods, 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. 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.
- With regard to a remediable defect, the complaint will be settled depending on the decision of the buyer according to these terms and conditions as follows:
a) the seller ensures that the defect is remedied; or
b) the seller replaces the defective goods.
- With regard to a remediable defect, the seller will handle the complaint by eliminating the defect.
- In the case of a defect which cannot be remedied, or a defect which is repeated several times, or a number of different remediable defects which prevent the goods from being properly used as goods without a defect, the seller shall settle the complaint in one of the following ways:
(a) by exchanging goods for other functional goods of the same or better technical performance; or
(b) in the event that the seller is unable to exchange the goods for another, he will settle the complaint by refunding the purchase price of the goods.
- For the purposes of a complaint, the occurrence of one remediable defect more than twice is considered to be a repeated, remediable defect.
- 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.
- By accepting of these terms and conditions, the buyer confirms that he has read the instructions for maintenance and care of stainless-steel goods, which is available on the website of the seller HERE.
- The Contracting Parties may communicate all written correspondence to each other by electronic mail.
- The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
- The contracting parties have agreed that the buyer is obliged to notify the seller of his name and surname, address of permanent residence, including postal code, telephone number and e-mail address in order for proper arrangement and delivery of the order.
- The seller hereby notifies the buyer that in accordance with Article 6 sec. 1) letter b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation), (hereinafter referred to as the “Regulation”), the seller as an information system operator will process the buyer’s personal data in the process of concluding the purchase contract without his consent as the data subject, as the buyer’s personal data processing will be performed by the seller necessary for the performance of the purchase contract in which the buyer acts as one of the parties.
- Pursuant to Article 6 sec. 1 letter f) Regulations, after the delivery of the ordered goods or services to the buyer, the seller may, based on a legitimate interest, process the buyer’s personal data for direct marketing purposes and send information about new goods, discounts and promotions on the offered goods or services to the buyer’s e-mail address.
- 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 Article 5 sec. 1 letter a) and b) of the Regulation, the personal data of the buyer will be obtained exclusively for the purpose stated in these GTC.
- The seller declares that for purposes other than those stated in these terms and conditions will collect personal data of the buyer always separately on an adequate legal basis and at the same time ensure that such personal data will be processed and used exclusively in a manner appropriate to the purpose for which they were collected and the seller will not associate them with personal data obtained for another purpose or for the purpose of fulfilling the purchase contract.
- 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:
- their identification data stated in the header of these GTC, proving the identity of the seller,
- contact details of the seller or the responsible person of the seller,
- the purpose of the processing of personal data, which is the conclusion of a purchase contract between the seller and the buyer and the legal basis for the processing of personal data,
- that the required personal data for the purposes of concluding the purchase contract and proper equipment and delivery of the order, the buyer is obliged to provide,
- if the processing is based on Article 6 sec. 1 letter a) and f) Regulation, the legitimate interest pursued by the seller is direct marketing,
- identification data of a third party, which is a company that delivers the ordered goods to the buyer or identification data of other recipients or categories of recipients of personal data, if any,
- retention period of personal data or criteria for its determination.
- The seller declares that he will process personal data in accordance with good morals and will act in a way that does not contradict the Regulation or other generally binding legal regulations, nor will he circumvent them.
- In accordance with the Regulation, the seller provides the buyer, whose data it processes, with the following information:
- the identity and contact details of the seller and, where applicable, the seller’s representative,
- contact details of any responsible person – data protection officer,
- the purposes of the processing for which the personal data are intended as well as the legal basis of the processing,
- if the processing is based on Art. 6 sec. 1 letter f) legitimate interests pursued by the seller or a third party,
- circle of recipients or categories of recipients of personal data, if any,
- where applicable, information that the seller intends to transfer personal data to a third country or international organization,
- retention period of personal data or criteria for its determination,
- information on the existence of the right to request from the seller access to his personal data and the right to rectify or delete them or to restrict the processing or the right to object to the processing, as well as the right to data portability,
- the right to lodge a complaint to the supervisory authority,
- information on whether the provision of personal data is a legal or contractual requirement, or a requirement necessary for the conclusion of the contract, whether the buyer is obliged to provide personal data, as well as the possible consequences of not providing such data,
- the existence of automated decision-making, including profiling.
- The buyer has the right to obtain from the seller a copy of the personal data being processed and has the right to obtain all the above information. For any additional copies requested by the buyer, the seller may charge a fee corresponding to the administrative costs of making the copy.
- If the buyer exercises his right under point 10 of this article of the GTC in writing or electronically and the content of his application shows that he exercises his right under point 10 of this article of the GTC, the application is considered submitted under this Regulation.
- The buyer has the right to object to the processing of the personal data of the seller, which he assumes are or will be processed for the purposes of direct marketing, including profiling to the extent that it relates to such direct marketing. If the Buyer objects to such processing, the Seller shall terminate the processing of personal data for direct marketing purposes from the date of delivery of such objection to the Seller and the personal data of the Buyer concerned may no longer and will not be processed for such purposes.
- If the buyer suspects that his personal data are being processed unjustifiably, he may file a complaint about this with the Office for Personal Data Protection of the Slovak Republic. If the buyer does not have full legal capacity, his rights can be exercised by a legal representative.
- The seller shall take appropriate measures to provide the buyer with all the information referred to in point 9 in a concise, transparent, comprehensible and easily accessible form, clearly and simply worded. The seller will provide the information electronically or in accordance with the Regulation by other means agreed with the buyer.
- Information on the measures taken at the request of the buyer shall be provided by the seller to the buyer without undue delay, in any case within one month of receipt of the request.
- The Seller informs the Buyer that due to the performance of the concluded contract, when processing the Buyer’s personal data, it is assumed that the Buyer’s personal data will be provided and made available to the following third parties, resp. circle of consignees, namely the carrier of goods selected according to Article VI point 8 of these GTC.
Information on option of consumer
to turn to an alternative dispute resolution entity
- Dear customer, as a consumer you have the right to contact us (as the Seller) for redress if you are not satisfied with the way we have handled your complaint or if you believe that we have violated your rights.
- If we reject your above-mentioned request for redress in the negative or do not respond to it within 30 days from the date of its submission, you have the right to file a motion to initiate alternative dispute resolution in front of the alternative dispute resolution entity.
- Interpretation of terms for the purposes of this article of the GTC and for the purposes of alternative dispute resolution:
a. alternative dispute resolution is the procedure of the subject of alternative dispute resolution according to the act no. 391/2015 Coll., the aim of which is to achieve amicable settlement of the dispute between the parties to the dispute,
b. the parties of the dispute are the consumer who has applied for an alternative dispute resolution and the seller against whom the application is directed,
c. the authority of alternative dispute resolution is the Slovak Trade Inspection,
d. the subject of alternative dispute resolution is the authority of alternative dispute resolution mentioned above and also an authorized legal entity registered in the list of subjects of alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (it is a legal entity established or established for consumer protection, a chamber established by law or an interest association). The current list of alternative dispute resolution entities can be found on the website of the Ministry of Economy of the Slovak Republic – https://www.mhsr.sk/.
- The consumer has the right to seek redress from the seller if he is not satisfied with the way in which the seller has handled his complaint or if he considers that the seller has infringed his rights.
- The consumer shall have the right to apply for an alternative dispute resolution (hereinafter referred as “proposal”) to an alternative dispute resolution entity if the seller has rejected the request under paragraph 4 or has not replied within 30 days from the date of dispatch.
- The proposal shall be submitted by the consumer to the relevant alternative dispute resolution entity; the possibility of applying an action to court is not affected.
- Where more than one alternative dispute resolution entity are competent for alternative dispute resolution, the consumer shall have the right to choose which one to submit to. The provisions of the contract which oblige the consumer to submit a proposal to a pre-designated alternative dispute resolution entity are not taken into account.
- The proposal must include:
a. name and surname of the consumer, address for delivery, electronic address and telephone contact, if any,
b. the exact name of the seller,
c. a complete and comprehensible description of the decisive facts,
d. an indication of what the consumer is seeking,
e. the date on which the consumer approached the seller with a request for redress and information that the attempt to resolve the dispute directly with the seller was unsuccessful,
f. a statement that the same proposal was not sent to another alternative dispute resolution entity, the court or arbitral tribunal did not decide the case, the mediation agreement was not concluded or the alternative dispute resolution was not terminated by the means defined under § 20 sec. 1 letter a) to e) of Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Laws
- The consumer shall attach to the application documents relating to the subject-matter of the dispute which prove the facts set out in the application.
- The application may be submitted in paper form, in electronic form or orally in the minutes. To submit the proposal, the consumer can use the form, a model of which is given in Annex no. 1 to Act no. 391/2015 and which is also available on the website of the Ministry of Economy of the Slovak Republic and every subject of alternative dispute resolution.
- More detailed information on alternative dispute resolution is provided in Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Laws. More detailed information can also be obtained at any inspectorate of Slovak Trade Inspection or at alternative dispute resolution entities registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic.
- An alternative dispute resolution platform through which the consumer can apply for alternative dispute resolution is available at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage .
- The seller is entitled to sell goods on the basis of a trade license. Trade licensing and control is performed within the scope of its competence by the relevant trade licensing office. The Slovak Trade Inspection supervises, among other things, compliance with the Consumer Protection Act and the Consumer Protection Act for distance selling.
- All agreements between the seller and the buyer are governed by the law of the Slovak Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer’s rights under generally binding legislation.
- The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of § 3 sec. 1 letter n) of the Act on Consumer Protection in Distance Selling.
- All rights to the seller’s website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
- The law applicable to the legal relationship of the contracting parties regulated by these GTC is the law of the Slovak Republic.
- The GTC are valid and binding from the day of their publication on the seller’s website and it is possible to view them at the seller’s registered office. The seller reserves the right, at its own discretion, to cancel, change, modify or replace them with new ones, provided that the concluded contracts are subject to the GTC valid at the time of concluding the purchase contract. By sending the order and clicking on the consent to the wording of the GTC on the website of the seller, the buyer confirms that he has read the GTC and agrees with them, considering them as part of the contractual relationship.
- The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and must not perform any activity that could allow him or third parties to illegally interfere or use without authorization the software or other components that make up the online store and use the online store, or its parts or software in such a way as to be contrary to its purpose.
- The purchase contract, including the business conditions, is archived by the seller in electronic form.
- The wording of the terms and conditions may be amended or supplemented by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
- The sample withdrawal from the contract is attached to the these GTC as the annex of GTC’s.
These business conditions acquire effective day …………… and will be used for orders delivered to the seller via the web page after this date.
Annex no. 1
Sample form to withdrawal
(fill and send this form only if you wish to withdraw from the contract)
THE SELLER :
Name and Surname of consumer / consumers * …………..
Address of consumer / consumers * …………..
E-mail of consumer / consumers…………..
I am / We are * hereby notifying that I / We * are withdrawing from the purchase contract, the subject to whom was delivery of the goods: ……………….
Ordering date / date of receipt of goods * ……………..
Upon withdrawal from the Purchase Agreement, the consumer returns the seller purchased goods, with the cost of returning the goods shall be borne by the consumer.
Consumer signature / Consumers signatures * ………………………
In ………….. on …………..
* Not applicable to be crossed.