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Terms and Conditions

General Terms and Conditions

Article I.

Basic provisions

1. 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. The Civil Code, as amended (hereinafter referred to as“ ”Civil Code“), Act No. 250/2007 Coll. On Consumer Protection and on Amendment to the Act of the Slovak National Council No. 372/1990 Coll. On offenses, as amended (hereinafter referred to as“ hereinafter referred to as ”Consumer Protection Act"), Act No. 102/2014 Coll. On the protection of the consumer in the sale of goods or providing services under a distance contract or a contract concluded outside the operating premises of the seller and on amendments and supplements to certain laws (hereinafter referred to as“ ” Consumer Protection Act on distance selling“).

2. By the seller is:

Business Name: Umakov Group, a. s.

IČO: 52 685 691

VAT ID: SK2121107241

DIČ: 2121107241

registered office: Galvaniho 7/D, 821 04 Bratislava - city district of Ružinov, Slovak Republic

entered in the Commercial Register Urban Court Bratislava III, Section Sro, File no. 7018/b

Email: objednavky@umakov.sk, obchod1@umakov.sk

Phone: 0910 262 707, 0908 994 153

www: www.umakov.sk (hereinafter referred to as "website").

3. These GTC regulate the mutual rights and obligations between the seller and the natural person who concludes the purchase contract (hereinafter referred to as “” buyer") through the web interface located on the website available at the Internet address www.umakov.skthat serves as an online store of the seller (hereinafter referred to as “e-shop").

4. The provisions of the Terms and Conditions are an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these GTC.

5. These GTC and Purchase Agreement are concluded in the Slovak language.

6. The GTC applies only to consumers, natural persons who buy these goods for their own consumption.

7. These GTC do not apply to entrepreneurs who are interested in buying goods for the purposes of its further sale. In the case of such candidates, it is necessary to contact the seller on the above contact data and to arrange the conditions of cooperation.

8. Entrepreneurs is understood for the purposes of the GTC:

- a person entered in the Commercial Register,

- a person who is doing business on the basis of a trade license,

- a person who is doing business on the basis of a non -trade license under special regulations,

- a person who carries out agricultural production and is registered in the registration pursuant to a special regulation.

Entrepreneurs It is also understood for the purposes of the GTC to be the one in accordance with the previous sentence within its business activity. If the buyer states his / her identification number (IČO) in the order, he acknowledges that the rules listed in the special GTC for entrepreneurs apply to him.

9. Buyers is a consumer within the meaning of § 52 par. 4 of the Civil Code and § 2 (a). a) of the Consumer Protection Act.

10. Consumers is a natural person who does not act within the subject of his business or other business activities when concluding and fulfilling the consumer contract. The legal relations of the seller with the consumer not expressly regulated by these GTC are governed by the relevant provisions of the Act. No 40/1964 Coll., Civil Code as well as related regulations.

11. Order by order The electronic order form containing information about the buyer or the recipient (unless is identical to the buyer) ordered from the online store offer and the price of the ordered goods is filled and sent.

12. The goods, respectively. by an item is any product from the product catalog located on the seller's website www.umakov.sk. The order may contain several items from the product catalog and also each item in the order can be represented by different number of pieces.

13. The graphical depiction of the goods on the seller's website may in some cases perform only an illustrative function, while the buyer is entitled to verify the actual form of the goods in case of doubt.

14. Legal relations between the seller and the buyer arising from the purchase, delivery of goods and complaints of defects of the goods shall be governed primarily by these GTC, or the contract between the seller and the buyer, if special in written form is concluded and subsequently if these GTC does not follow anything else, the legal regulations of the Slovak Republic. These GTC also regulate the rights and obligations of the parties until the conclusion of the purchase contract, especially in terms of the conclusion of the purchase contract itself.

15. The data published on the website regarding the availability of goods are not binding for the seller. They are informative and the seller's obligation to deliver to the buyer the goods arise only only by confirming the order to the buyer. These data published on the website may not always be correct and complete compared to the actual status, they are only an indicative estimate of the time until the goods are delivered to the buyer. Goods sold through the seller's website may be limited by the Seller's current stock and ordering and/or delivery of the goods after it is sold out may not always be possible.

16. The seller is entitled to operate the e-shop and the performance of others, related activities, to be represented by another person. If the Seller notifies the Buyer that some acts are performed by another, specifically designated person, the buyer undertakes to communicate and handle the matter directly with that other person authorized by the Seller.

Article II.

Information about goods and prices

1. Information on the goods, including the indication of the prices of individual goods and its main characteristics are given for individual goods in the e-shop catalog. The prices of the goods are stated including value added tax, all related fees and the cost of returning the goods, unless these goods cannot be returned by post. The prices of the goods remain in force for the time they are displayed in the e-shop.

2. All presentations of goods placed in the e-shop catalog are informative and the seller is not obliged to conclude a purchase contract regarding these goods.

3. The e-shop includes information about the costs associated with the packaging and delivery of the goods. Information on the costs associated with packaging and delivery of goods stated in the online store only applies if the goods are delivered within the territory of the Slovak Republic. The seller may not comply with the requirements for delivery of goods outside the territory of the Slovak Republic.

4. Possible discounts on the purchase price of the goods cannot be combined with each other unless the seller does not agree with the buyer otherwise.

Article III.

Order and conclusion of the purchase contract

1. The proposal for the conclusion of the purchase contract is the placement of the offered goods by the seller on the website, the purchase contract arises by sending the order to the buyer by the consumer and by receiving the order by the seller. The Seller shall immediately confirm this acceptance to the Buyer by informative email to the specified email, but this confirmation does not affect the contract. In the information email, the buyer will also find a reference to the current wording of the GTC and the Complaints Procedure of the Seller. The contract (including the agreed price) can be changed or can only be disturbed on the basis of the agreement of the parties or on the basis of legal reasons.

2. The costs incurred by the buyer when using remote communication in connection with the conclusion of the purchase contract (cost of Internet connection, cost of telephone calls), is paid by the buyer himself.

3. The buyer makes an order of goods in the following ways:

(a) through your customer account, after the previous registration in the online store,

b) by filling in the order form.

4. When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment and delivery.

5. For the valid conclusion of the purchase contract pursuant to point 3 (a). (b) of this Article GTC, the buyer is required to properly fill the order form on the Seller's website, which includes a confirmation of the acquaintance of the processing of the buyer's personal data and the granting of consent to the terms under these GTC. In the event of a change, the Buyer is obliged to update these data immediately on the portal when sending the order, as their correctness, truthfulness and timeliness has an impact on the delivery of the goods to the buyer. The condition for the successful completion of the order form is the completion of the data that are marked as required in the order form. The Buyer is obliged to state the correct, complete and truthful data. The buyer is responsible for any damage caused by the breach of this obligation.

6. The purchase contract is concluded by delivery of the order acceptance to the buyer or by acceptance of the changed order. The confirmation that the buyer's order has been successfully placed on the Seller's website is not an acceptance of the order that would represent the conclusion of the purchase contract to the goods specified in the order.

7. When filling in the order form, the buyer is obliged to follow the navigation instructions on the website. The Buyer is obliged to state the complete, true and correct data necessary for the correct delivery of the goods. The Buyer is obliged to check the correctness of the selected data and data in the process of ordering the goods before their definitive sending to the seller.

8. The application of any other conditions of the buyer specified in the order, other document, message or emails of the buyer that would be contrary to these GTC is explicitly excluded.

9. The buyer's order is deemed to be sent if it is delivered to the seller and if it contains all the required data - the name of the ordered goods, its quantity, price, delivery, billing address, e -mail and telephone contact (mobile) to the buyer. Unless the GTC provides otherwise in a special provision, the seller is bound by its offer of goods, including its price from sending the order to the Buyer (conclusion of the contract) until the goods are delivered to the Buyer.

10. Before sending the order to the Seller, the Buyer is always required for the Buyer to confirm that he / she is acquainted and agrees with the applicable Seller's GTC, regarding them as part of the contractual relationship between the seller and the buyer. The process of issuing and sending the order by the Buyer cannot be completed without the execution of this act. Each order is assigned a registration number. When communicating with the seller and payment, the buyer is always obliged to provide an order number.

11. On the basis of the agreement of the parties and in accordance with the GTC, the purchase contract between the parties is concluded if the seller confirms the order of the Buyer and at the same time if a special e-mail or message addressed to the buyer accepts it (ie the order of the order) by the procedure under these GTC. The Seller shall execute the buyer's order by sending an email or message to the buyer. In the seller's acceptance report, "Order acceptance no ......" will be stated. The purchase contract is concluded between the parties. On the basis of the agreement of the parties and these GTC, the seller is obliged to fulfill the accepted order within the period according to the method of delivery of the ordered goods.

12. The buyer may withdraw the order by e-mail delivered to the seller if this appeal occurs the seller before the seller sends the order acceptance by the procedure according to the GTC. In vain, the time limit for receipt of the order (acceptance of the order) by the Seller without its acceptance is automatically canceled.

13. If the seller is unable to agree - accept the Buyer's order in its entirety (ie any of the ordered items of the goods will not be available) or if he proposes a change or change in the conditions of delivery for other reasons, the buyer will be informed of this fact by e -mail or other appropriate manner. At the same time, it will be asked to express consent, respectively. disapproval of change. The buyer is obliged to express his consent, respectively. disagreement within 48 hours from the date of notification of the proposed change. For this period, the available items from the buyer's order will be booked for the buyer. It is only by acceptance (by agreeing) by the Seller of the proposed change in the order by the Buyer to the contractual relationship between the parties. If the buyer does not approve the change within that period in stated manner, the Buyer's order is considered to be canceled in its entirety in vain expiry of that period and the seller's proposal for a change to be not accepted by the buyer.

14. The purchase contract between the seller and the buyer is concluded by the acceptance of the Buyer's order by the Seller or by acceptance of the change of the order proposed by the seller and executed by the buyer. From the purchase contract, the seller is obliged to hand over the subject of the purchase to the buyer and fulfill its obligations according to the GTC. The Buyer will be obliged to take over the subject of the purchase from the concluded contract, pay the agreed price for the seller and fulfill the obligations under the contract and the GTC.

15. In special cases and before sending the acceptance, the Seller reserves the right to request from the Buyer to deliver the other necessary documents, data, or to verify the correctness of the e-mail address or mobile number of the buyer. Depending on the nature of the order of the Buyer, the Seller is always entitled to ask the Buyer for additional authorization of the order or the buyer's identity in an appropriate manner, such as in writing, by e-mail, SMS or by phone. If the Buyer does not carry out additional authorization by the Seller in the required manner and within the seller of the required time limit, the order (prior to its acceptance) or the purchase contract (after acceptance) canceled from the beginning.

16. If the Seller detects a print, systemic, human, supply or other error of goods, its price, availability, quantity or possibilities of its delivery, as well as in the case of stocks, the Seller is detected, as well as in case of stocks, unavailability, unavailability or unable to deliver the goods to the Buyer within the agreed period or in the price stated in the Internet shop or for the reasons of the budget. In any of these extraordinary cases, the seller and the buyer are entitled to withdraw his order/cancel (buyer), respectively. reject 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 goods are delivered to the buyer. In this case, the Buyer is also entitled to withdraw from the Purchase Agreement in accordance with the GTC and the legislation in this case. If the buyer has already paid the purchase price, it will be refunded in accordance with the legislation and the GTC. The Seller is entitled to unilaterally withdraw from the contract and/or not to release the goods to the Buyer even if he/she finds that he/she has been provided in the communication or provided incorrect, incomplete or false data regarding the buyer, a person receiving the goods or if there is a risk

17. In the event that there has been an apparent technical error on the side of the seller when the price of the goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer for this completely wrong price even if the buyer has been sent an automatic confirmation of the order under these terms and conditions. The Seller informs the Buyer of the error without undue delay and sends the buyer to his email address. The amended offer is considered to be a new draft purchase contract and the purchase contract is concluded in such a case by confirmation of receipt of the buyer to the seller's email address.

Article IV.

The quality of the goods

 

1. The seller undertakes to deliver the goods to the buyers:
- In accordance with the seller's specifications or properties normal for a given type of goods,
- complying with standards, regulations and regulations valid in the relevant territory,
- District goods (car drives, ...) equipped with operator instructions, warranty sheets.

2. Its variants (which can subsequently affect the way it is installed or on the buyer's bids to its customers) is generally the responsibility of the buyer. The buyer does not require the seller to assume the buyer's needs in this context.

3. The buyer also acknowledges that eg. In the case of the purchase of glass brackets to which the glass is fixed other than the bottom, there are 2 options for fastening the glass to the bracket:

(a) a cheaper version of the glass fastening only using a bracket with elastic bands without the need to drill into glass,

b) The more expensive version of the glass fastening by using a rubber bracket and the subsequent necessity of using a safety pin with the need for a glass drilling.

Version b) may be more expensive in the resulting stage for buyers because it will be necessary to drill in the glass during assembly, so this will be more expensive. Due to the need to purchase the safety pin itself, the buyer is only partially more expensive than version A).

If the buyer buys a cheaper version A), he is fully aware that the glass can be slipped and damage when assembling or taking it.

4. The Seller is not obliged to specifically notify the Buyer of the above. The Buyer acknowledges and agrees that the Seller will not be responsible for any damage that will arise as a result of the glass down.

5. The buyer acknowledges and agrees that the seller is not obliged in any way:

(a) notify the buyer of the various options for fastening the glass to the post;

(b) to determine where and under what conditions the goods will be assembled;

(c) to determine whether the goods are really suitable for use intended for use by the buyer.

6.

Article V.

Customer account

 

1. Based on the registration of the buyer performed in the seller's website, the buyer can access his customer account. From his customer account, the buyer can order the goods. The buyer can also order goods without registration.

2. When registering to the customer account and when ordering the goods, the buyer is obliged to provide correct and truthfully all data. The data in the user account is obliged to update the data in the user account. The data stated by the buyer in the customer account and when ordering the goods are considered correct.

3. Access to a customer account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for the possible misuse of the customer account by third parties.

4. The buyer is not entitled to allow the use of a customer account to third parties.

5. The seller may cancel the user account, especially if the buyer does not use his / her user account longer, or if the buyer breaches his obligations from the purchase contract or these terms and conditions.

6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the seller, or. necessary maintenance of hardware and software equipment of third parties.

Article VI.

Payment Terms and Terms and Delivery of Goods

1.

(a) Cash payment up to EUR 5,000 when receiving goods at the dispatch point,

b) through electronic banking (Tatra banka, Slovenská sporiteľňa, VUB Banka, UniCredit Bank, ČSOB Bank, Poštová banka, Sberbank),

c) Payment through the payment terminal when receiving the goods at the dispenser (credit card),

d) Payment via the bank's Internet interface (online credit card: VISA, VISA Electron, Maestro, Master Card), while the relevant bank automatically memorizes the buyer's data to the Buyer's payment card for future payments,
Comgate

(e) cash on delivery for delivery of goods (cash receives the carrier from the buyer).

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless otherwise specified otherwise, the purchase price also means the cost of delivery of goods. The price for the transport of the goods is for each individual order depending on the number of items in the order and the method and place of transport. The price for transport is always specifically stated in the order.

3. The issue of the goods to the Buyer is only possible if the purchase price and the price of transport for the goods supplied is paid. Otherwise, the seller, respectively. The carrier authorized not to release the goods and the seller is not in delay with the delivery of the goods. The Buyer is obliged to properly take the goods from the carrier to the extent of the seller of the accepted order. The buyer acquires ownership of the goods only after the purchase price of the goods, the price of transport and subsequent takeover of the goods.

4. In the case of payment by bank transfer, the buyer proceeds according to the instructions of the relevant electronic payments provider.

5. In the case of a non -cash payment, the buyer's obligation to pay the purchase price is met at the moment of crediting the relevant amount to the Seller's bank account.

6. The seller does not require any advance or other similar payment from the buyer. The payment of the purchase price before sending the goods is not a backup.

7. The goods are delivered to the buyer:

  • to the address specified by the buyer in the order

· Through the dispensing point to the address of the dispensing point specified by the buyer.

8. The seller ensures or provides the following delivery methods:

(a) Personal collection (at the selected expenditure point),

b) sending the shipping service,

c) Sending by courier,

d) Sending by post to the address or directly to the post office.

Individual transport methods are offered according to the current availability of individual services and with respect to capacity and range. In the event of a force majeure or a failure of the Umakov Information System, it is not responsible for delayed delivery of goods. All of the offered modes of transport, their current conditions and prices can be found here.

9. In the event that the method of transport is agreed on the basis of a special requirement of the buyer, the buyer carries the risk and any additional costs associated with this transport method.

10. If the Seller is obliged to deliver the goods to the place designated by the Buyer in the Order, the Seller is obliged to take over the goods upon delivery. In the event that, for the reasons for the buyer, it is necessary to deliver the goods repeatedly or otherwise other than that in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.

11. Seller, shipping company or mailing service is entitled to notify the buyer's delivery by e-mail, SMS or other suitable form (eg by phone). The Buyer agrees that the Seller shall provide the Buyer's contact details necessary for this purpose of the shipping/notch company or the delivery person. The Buyer is obliged to be reachable at the address mentioned by him at the time of the notified delivery of the goods.

12. Upon receipt of the goods, the buyer is obliged to prove his identity to the carrier through valid identity documents (identity card or passport). Of these documents, the buyer's identity and the authorization to take over the goods must be obvious. In the case of the buyer, his representative assumes the goods, the representative is obliged to prove the relevant power of attorney in addition to the identity document. Otherwise, the goods may not be handed over by the seller/carrier, and the seller will not be delayed with his obligations.

13. If the Buyer is unlawfully refusing to take over the goods or do not accept it repeatedly, the Seller is entitled to claim all the costs incurred in this context.

14. Upon receipt of the goods, the buyer is obliged to check the integrity of the packaging and the completeness of the delivery, in particular the number of transport packages (packages/shipments) and apparent defects of the goods. In the case of any obvious defects found in connection with transport and goods, the buyer is obliged to notify the carrier and the seller within 12 hours at the latest. The Buyer is obliged to indicate all apparent damage to the consignment and packaging violation on the shipping document. If a disruption of the packaging of the consignment or its content is detected, the buyer is obliged not to take over the consignment from the carrier/delivery. By signing the acceptance protocol, the buyer confirms that the shipment has been taken intact. If the Buyer does not objection to the non -delivery of the goods and failure to deliver the documents delivered with the goods within 12 hours of the delivery of the goods, on the basis of confirmed delivery and transport letters, it is assumed that the goods were delivered to the buyer properly if the opposite is proven.

15. Damage of the goods shall be notified by the Buyer to the Seller by e-mail or other demonstrable way. It is not possible to take into account the additional reporting of mechanical damage detectable when receiving the goods and these will not be recognized.

16. The seller issues the buyer to the buyer's tax document - invoice. The tax document is sent to the buyer's email address.

17. The buyer acquires ownership of the goods after payment of the full purchase price for the goods, including the cost of delivery and after receipt of the goods, the moment when both of the above conditions are met. The responsibility for the random destruction, damage or loss of the goods passes to the buyer at the moment of receipt of the goods or the moment the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.

Article VII.

Withdrawal from the contract

 

1. The buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract in the cases below.

2. If the purchase contract is concluded remotely (through the online store) or outside the operating premises of the seller, and at the same time the seller provided the buyer in time and properly with information on the right to withdraw from the purchase contract, the terms and conditions of the right of withdrawal. remotely) and, in the current fulfillment of the legally required facts, the buyer has the right to withdraw from the Purchase Agreement in accordance with the Act on Consumer Protection of the Remote without giving a reason and without any sanction.

3. The withdrawal period is 14 days

· At the moment of receipt of goods that was delivered last if the subject of the purchase contract is ordered goods that are delivered separately

· The moment of taking over the last episode or the last piece if the subject of the purchase contract is several types of goods or the delivery of several parts,

· At the moment of receipt of the first delivered goods, if the subject of the purchase contract is the goods that are delivered during the defined period.

4. The buyer acknowledges that in accordance with the provision of § 7 par. 6 of the Consumer Protection Act, when selling remotely, he cannot withdraw from the purchase contract, the subject of which is:

· Provision of the service, if its provision initiated the explicit consent of the consumer and the consumer declared that it was duly instructed that by expressing this consent losing the right to withdraw from the contract after the service is fully provided and if the service was fully provided,

· Sales of goods or providing a service whose price depends on the movement of prices in the financial market that the seller cannot influence and which may occur during the withdrawal period,

· Sales of goods made according to the special requirements of the consumer, goods made to measure or goods designated separately for one consumer,

· Sales of goods subject to a rapid reduction of quality or perishable,

· Sales of goods closed in a protective packaging that should not be returned to health or hygiene reasons and whose protective packaging has been broken after delivery,

· Sales of goods that may be inseparably mixed with other goods due to its nature after delivery,

· Sales of alcoholic beverages whose price was agreed at the time of conclusion of the contract, and their delivery can be carried out at the earliest 30 days and their price depends on the movement of prices on the market that the seller cannot affect,

· The execution of urgent repairs or maintenance, which the consumer has expressly requested to the seller; This does not apply to services and contracts, the subject of the sale of goods other than the spare parts necessary to carry out repair or maintenance if they were concluded during the seller's visit to the consumer and the consumer did not order these services or goods beforehand,

· Selling audio recordings, image recordings, audio -image recordings, books or computer software sold in the protective packaging if the consumer unpacked the packaging,

· Sales of periodical printing except for sales on the basis of an agreement on subscription and sale of books not delivered in the protective packaging,

· Provision of accommodation services for non -accommodation, transport of goods, rent of cars, provision of catering services or providing services related to leisure activities and according to which the seller undertakes to provide these services within the agreed time or within the agreed period,

· Providing electronic content other than on a tangible carrier, if its provision began with the explicit consent of the consumer and the consumer said it was duly advised that by expressing this consent losing the right to withdraw from the contract.

5. In order to comply with the withdrawal period, the Buyer must send any clear declaration expressing his will to withdraw from the purchase contract within the specified time limit pursuant to par. 3 of Article VII of these Terms and Conditions.

6. For withdrawal from the purchase contract, the buyer may use the sample form to withdraw from the purchase contract provided by the Seller. The Buyer shall send the withdrawal from the Purchase Contract to the Seller's email or delivery address stated in these Terms and Conditions. The Seller shall confirm the Buyer without delay of the form.

7. The buyer who withdrawn from the purchase contract is obliged to return the goods to the seller to the seller within 14 days of withdrawal from the purchase contract to the seller. The buyer carries the cost of returning the goods to the seller, even if the goods cannot be returned for their nature by post.

8. If the Buyer withdraws from the Purchase Agreement, the Seller returns it to him without delay, but no later than 14 days after withdrawal from the purchase contract, all the funds, including the delivery costs he received from it in the same way. The Seller shall return to the Buyer the money received in another way only if the buyer agrees with this and if he / she does not incur additional costs.

9. If the Buyer has chosen a different manner than the cheapest method of delivery of the goods offered by the seller, the seller shall return the cost of delivery to the buyer in the amount corresponding to the cheapest method of delivery offered.

10. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the money received to the Buyer before the Buyer handles the Goods or proves that he has sent the goods to the Seller.

11. The goods must return the buyer to the seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to unilaterally count the entitlement to damages incurred on the goods against the buyer's entitlement to refund the purchase price.

12. The Seller is entitled to withdraw from the Purchase Agreement due to the sold out of inventories, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods interrupted the production or import of the goods. The Seller shall immediately inform the Buyer's e -mail address specified in the order and return all the funds, including the delivery costs it has received from it in the same manner or in the manner specified by the buyer, within 14 days of the notice of withdrawal.

 

Article VIII.

Complaints Procedure

1. If it is a defect of the goods that can be removed, the buyer has the right to be removed free of charge, in time and properly. The Seller is obliged to remove the defect without undue delay.

2. The buyer is aware of the fact that the seller does not investigate in individual cases the installation of stainless steel parts (interior and exterior), while with regard to the above -mentioned seller recommends the purchase of goods with the following specification: AISI 304 for interior modifications / AISI 316 for exterior modifications.

3. The buyer may, instead of removing the defect, require the replacement of the goods or if the defect concerns only a part of the goods, the replacement of the part, unless the seller incur disproportionate costs due to the price of the goods or the severity of the defect.

4. The seller may always replace the defective goods with a defective goods instead of removing the defect if it does not cause serious difficulties to the buyer.

5. If it is a defect of goods which cannot be removed and prevents the goods from being properly used as a matter without a defect, the buyer has the right to replace the goods or has the right to withdraw from the purchase contract. The same rights belong to the buyer, although there are removable defects, but if the buyer cannot properly use the goods for the re -occurrence of defects after repair or for a larger number of defects.

6. In the case of other irremovable defects, the buyer has the right to a reasonable discount on the price of the goods.

7. The seller is not responsible for any damage, respectively. Slusing the filling glass after the assembly of the goods.

8. The seller instructed the buyer of his rights, which arise from the § 622 of the Civil Code and rights arising from the provisions of the provisions of Art. § 623 of the Civil Code (paragraph 4 to paragraph 5 of this Article of the GTC) by placing the GTC on the relevant sub -page of the seller's e -commerce and the buyer had the opportunity to read them before sending the order.

9. The seller is liable for defects of the goods in accordance with the applicable regulations of the Slovak Republic and the buyer is obliged to claim the complaint with the seller or the specified person. Information on designated persons and service points for warranty and post-warranty service is listed on the back of the warranty card or is provided by the Seller to the Buyer upon request by phone or by e-mail.

10. The applicable complaint rules of the seller, ie Art. VIII of these Terms and Conditions. The Buyer was duly acquainted with the Complaints Procedure and informed about the conditions and method of complaint of goods, including data on where the claim can be made and of the execution of warranty repairs before the conclusion of the purchase contract by placing these terms and conditions on the relevant sub -page of the seller's e -commerce and the buyer had the opportunity to read them before sending the order.

11.

12. The warranty does not apply to mechanical damage to the goods by the buyer, the use of the goods in the non -corresponding, respectively. Inappropriate conditions, unprofessional treatment, neglect of caring for goods. At the same time, the seller reserves the right not to return money for such goods and not to change it for other goods. The warranty also does not apply to defects to which the buyer was notified at the time of the conclusion of the contract, or which, with regard to the circumstances in which the purchase contract was concluded, had to be aware.

13. The length of the warranty period is governed by the valid provisions of the Civil Code. The warranty period is 24 months. The warranty period is extended by a period for which the buyer could not use the goods due to warranty repair of the goods.

14. Complaints about goods that can be delivered to the Seller on the day of delivery of the notice of claim to the Seller,

15. The Seller shall issue to the Buyer a certificate of claiming the goods in an appropriate form chosen by the seller, eg. in the form of a mail or in a written form in which he is obliged to specify the claimed defects of the goods and instruct the consumer once again about his / her rights. If the complaint is made by means of remote communication, the seller is obliged to deliver the confirmation of the claim to the buyer immediately; If the confirmation cannot be delivered immediately, it must be delivered without undue delay, but at the latest together with the proof of the complaint; The complaint certificate may not be delivered if the buyer has the possibility to prove the claim in another way.

16. The buyer is entitled to decide which of his rights within the meaning of § 622 and ust. § 623 of the Civil Code applies and at the same time is obliged to deliver to the seller without delay of his decision. On the basis of the buyer's decision, which from its rights within the meaning of the provisions of § 622 and ust. § 623 of the Civil Code applies the seller or designated person obliged to determine the method of handling the complaint, in more complex cases within 3 days of the commencement of the complaint procedure, in justified cases, especially if a complicated technical appreciation of the status of the goods is required no later than 30 days from the beginning of the complaint procedure. After determining the method of handling the complaint, the seller or a designated person shall handle the claim immediately, in justified cases the claim may be handled later. However, the complaint should not last longer than 30 days from the date of the claim. Upon futile expiry of the period for handling the complaint, the consumer has the right to withdraw from the contract or has the right to replace the goods for new goods.

17. If the Buyer has made a claim for the goods within the first 12 months of the conclusion of the purchase contract, the Seller may reject the claim only on the basis of an expert's statement or opinion issued by an authorized, notified or accredited person or opinion of the specified person (hereinafter referred to as the specified person.expert assessment of goods"). Regardless of the outcome of the expert assessment, the Seller cannot require the Buyer to reimburse the costs of expert assessment of the goods or other costs related to the expert assessment of the goods.

18. If the Buyer has made a complaint of the product after 12 months of the conclusion of the purchase contract and the seller dismissed it, the person who handled the claim is obliged to state in the proof of the complaint to whom the buyer can send the goods for professional assessment. If the buyer sends the goods for an expert assessment of the designated person specified in the proof of the complaint, the cost of the expert assessment of the goods, as well as all the other related costs incurred by the Seller, the Seller, regardless of the outcome of the expert assessment. If the buyer proves the liability of the seller for the claimed defect of the goods by expert assessment, he / she can re -make the claim; The warranty period does not pass during the performance of the expert assessment. The Seller is obliged to pay the Buyer all costs incurred for the expert assessment of the goods, as well as all related costs incurred, within 14 days from the date of the complaint. The complaint cannot be rejected again.

19. The seller reserves the right to replace defective goods for other non -defect -free goods with the same or better technical parameters, unless it causes the buyer serious difficulties.

20. The seller is not liable for defects of the goods:

a) If the buyer has not exercised his right regarding the liability of the seller for the defect of the goods by the end of the warranty period of 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 arose from the use of goods under conditions that do not correspond to their intensity, humidity, chemical and mechanical influences to the natural environment of the goods,

d) If the defect of the goods arose by improper handling, operation, or neglecting the care of goods,

(e) If the defect of the goods arose by damage to the goods by excessive burden or use contrary to the conditions specified in the documentation or general principles of the usual use of the goods,

(f) If the defect of the goods arose by damage to the goods inevitable and/or unpredictable events,

g) If the defect of the goods was caused by damage to the goods by random destruction and accidental deterioration,

(h) If the defect of the goods arose by improper intervention, damage to water, fire, static or atmospheric electricity or other intervention of force majeure,

(i) if the defect of the goods arose from the goods to the unauthorized person.

21. The seller is obliged to handle the complaint and terminate the complaint procedure with one of the following ways:

a) by handing over the repaired goods,

b) by exchange of goods,

c) by returning the purchase price of the goods,

d) by paying a reasonable discount on the price of the goods,

(e) a written challenge to take over the seller specified,

f) justified by rejecting the claim of goods.

22. The seller is obliged to issue a written document on the method of determining the complaint and handling the complaint no later than 30 days from the date of the claim in person, through the postal or courier service provider.

23. In the case of the exchange of goods for the new, the buyer will receive a document on which the information on the exchange of goods will be given, and any other complaints are made on the basis of the purchase contract and this complaint document. In the case of the exchange of goods for a new one, the warranty period will start again from the receipt of the new goods, but only for new goods.

24. As regards the removable defect, the complaint will be settled depending on the Buyer's decision under these Terms and Conditions as follows:

a) The seller will ensure the removal of the defect or

b) The seller will replace the defective goods.

25. As regards the removable defect, the seller shall handle the claim by removing the defect.

26. If it is a defect that cannot be removed, or one number of times a repeated removable defect, or a larger number of different removable defects that prevent the goods from being properly used as a defect, the seller will handle the complaint with one of the following ways:

(a) by exchange of goods for other functional goods of equal or better technical parameters, or

b) If the seller cannot replace the goods for another, he will handle the claim by returning the purchase price for the goods.

27. For the purposes of the complaint, the occurrence of one removable defect is considered to be several times a repeated removable defect more than two times.

28. For the purposes of complaint, the incidence of more than three different removable defects is considered to be a larger number of different removable defects at the same time.

29. The Buyer confirms that the Buyer confirms these Terms and Conditions that he has become acquainted with the instructions of the maintenance and care of stainless steel goods available on the Seller's website here.

Article IX.

To be delivered

1. Parties may deliver all written correspondence through e -mail.

2. 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.

Article X.

Personal data

1. The Parties agreed that the Buyer is obliged to notify the Seller of his name and surname, permanent address including postal code, phone number and e-mail address for proper equipment and delivery of the order.

2. The Seller hereby informs the Buyer that within the meaning of Art. 6 (1) (1) (1) (a) (b) Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals in the processing of personal data and on the free movement of such data, which is canceled by Directive 95/46/EC (General Data Protection Regulation), (hereinafter referred to as the “Regulation”), Seller as the operator of the information system without the procedural data. his consent as a data subject, since the processing of the buyer's personal data will be carried out by the Seller within pre -contractual relations with the Buyer and the processing of the Buyer's personal data is necessary to fulfill from the purchase contract in which the buyer acts as one of the parties.

3. In the meaning of Art. 6 par. 1 (a) (f) of the Regulation, the Seller may, after the delivery of the ordered goods, respectively. Services to the Buyer, based on the legitimate interest to process the buyer's personal data for direct marketing and send information to the buyer's e-mail address about new goods, discounts and actions on the offered goods, respectively. the service of the services.

4. The Seller undertakes to treat and dispose of the Buyer's personal data in accordance with the applicable legal regulations of the Slovak Republic.

5. The Seller declares that in accordance with Art. 5 (1) (a) a) and point (a). b) of the Regulation, the Buyer's personal data will be obtained exclusively for the purpose specified in these GTC.

6. The Seller declares that, for the purposes other than those stated in these Terms and Conditions, the Buyer will always obtain the Buyer's personal data separately on an adequate legal basis, while at the same time ensuring that this personal data is processed and used solely in a manner that corresponds to the purpose for which they have been collected and will not associate it with personal data obtained for any other purpose or purpose of fulfilling the purchase contract.

7. The buyer will be asked before sending the order to confirm that the seller will notify him of a sufficient, comprehensible and unmistakable manner by checking the box before placing the order:

- Your identification data listed in the head of these GTC, demonstrating the identity of the seller,

- Seller's contact details, respectively. the responsible person of the seller,

- The purpose of the processing of personal data to conclude the purchase contract between the seller and the buyer and the legal basis of the processing of personal data,

- that the required personal data for the purpose of concluding the purchase contract and proper equipment and delivery of the order is the buyer obliged to provide,

- If processing is based on Art. 6 (1) (1) (1) (a) (f) of the regulation that the justified interests that the seller pursues is direct marketing,

- Third -party identification data, which is a company that delivers the ordered goods to the buyer, respectively. Identification data of other recipients or categories of recipients of personal data if existed,

- Personal data retention period, respectively. criteria for its determination.

8. 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 or bypass it.

9. The Seller shall, in accordance with the Regulation, provides the buyer whose data processes the following information:

- identity and contact details of the seller and in the relevant cases of the Seller's representative,

- Contact details of a person responsible,

- purposes of processing for which personal data is intended as well as the legal basis of processing,

- If processing is based on Art. 6 par. 1 (a) f), legitimate interests that the seller or third party follows,

- a range of recipients or categories of beneficiaries of personal data, if existed,

- In the relevant case, the information that the seller intends to transfer personal data to a third country or international organization,

- Personal data retention period, respectively. criteria for its determination,

- Information on the existence of the right to request from the seller access to his / her personal data and the right to repair or erase or restrict processing or the right to object to the processing as well as the right to data portability,

- the right to file a complaint to the supervisory authority,

- Information on whether the provision of personal data is a legal or contractual requirement or a requirement required for the conclusion of the contract, whether the buyer is obliged to provide personal data as well as the possible consequences of failure to provide such data,

- The existence of automated decision -making, including profiling.

10. The buyer has the right to obtain a copy of the personal data that are processed and has the right to obtain all the above information. For any additional copies the buyer requested by the Seller, the Seller may charge a fee corresponding to the administrative cost of making a copy.

11. If the Buyer exercises his / her right pursuant to point 10 of this Article of the GTC in writing or electronically, and the content of its request shows that it exercises its right pursuant to point 10 of this Article of the GTC, the application shall be deemed to be filed under this Regulation.

12. The Buyer has the right to object to the seller against the processing of his personal data, which he / she is supposed to be or will be processed for direct marketing purposes, including profiling to the extent related 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 shall no longer be processed and will not be processed for such purposes.

13. The buyer is suspected that his / her personal data is unauthorized, may file a complaint with the Office for Personal Data Protection of the Slovak Republic. If the Buyer does not have the full legal capacity, the legal representative may exercise his right.

14. The Seller shall take appropriate measures to provide the Buyer with all the information referred to in point 9 in a brief, transparent, understandable and easily accessible form, clearly and easily formulated. The Seller shall provide the information electronically or in accordance with the Regulation other funds on which the buyer agrees.

15. The information on the measures adopted on the basis of the buyer's request shall be provided by the Seller to the Buyer without undue delay, in any case within one month of receipt of the application.

16. The Seller shall notify the Buyer that the Buyer's personal data is assumed that the Buyer's personal data will be provided and made available to the following third parties, respectively. a circle of beneficiaries, namely the carrier of goods chosen according to Article VI point 8 of these GTC.

Article XI.

Consumer's information information

turn to an alternative dispute resolution subject

 

1. Dear Customer, as a consumer, you have the right to contact us (as the seller) with a request for redress if you are not satisfied with the manner we have handled your claim or if you believe we have violated your rights.

2. If we respond to your above request for remedy or not respond within 30 days of the date of dispatch, you have the right to file a proposal to initiate an alternative dispute resolution of the alternative dispute resolution.

3. Interpretation of concepts for the purposes of this Article of the GTC and for the purposes of alternative dispute resolution:

and. alternative dispute resolution is the procedure of an alternative dispute resolution under Act no. 391/2015 Coll.

b. the parties to the parties to the dispute are a consumer who filed a proposal to initiate an alternative dispute resolution, and the seller against whom the proposal is directed,

c. Authority of alternative dispute resolution is the Slovak Trade Inspection,

d. A subject of alternative dispute resolution is an alternative dispute resolution body referred to above and further authorized legal entity registered in the list of alternative dispute resolution of disputes maintained by the Ministry of Economy of the Slovak Republic (it is a legal person based 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 - http://www.mhsr.sk/ .

4. The consumer has the right to contact the seller for a remedy if he is not satisfied with the manner in which the seller has handled his claim or if he believes that the seller has violated his rights.

5.

6. The proposal is submitted by the consumer to the relevant alternative dispute resolution; This is not affected by the possibility to turn to court.

7. If several alternative dispute resolution entities are relevant to the alternative dispute resolution, the right of choice, to which they submit a proposal, has a consumer. The provisions of a contract that obliges the consumer to file a proposal for a predetermined alternative dispute resolution shall not be taken into account.

8. The proposal must include:

and. Consumer's name and surname, delivery address, e -address and telephone contact if it has them,

b. the exact sign of the seller,

c. a complete and comprehensible description of the decisive facts,

d. designation what the consumer is claiming,

e. The date when the consumer contacted the seller with request for remedy and the information that the attempt to resolve the dispute directly with the seller was unsuccessful,

f. The statement that the same proposal was not sent to another entity of alternative dispute resolution, the court or arbitration court did not decide on the matter, the mediation agreement was not concluded, nor was an alternative dispute resolution in a manner pursuant to § 20 para. 1 (a) a) to e) of Act no. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to some laws

9. The consumer shall attach documents related to the subject of the dispute that prove the facts referred to in the proposal.

10. The proposal may be submitted in paper form, electronic form or orally to the minutes. The consumer may use the form whose pattern is given in Annex no. 1 to Act no. 391/2015 Coll. and which is also available on the website of the Ministry of Economy of the Slovak Republic and each entity of alternative dispute resolution.

11. For more information on the alternative dispute resolution, the Act no. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain acts. More information can also be obtained at any SOI inspectorate or for alternative dispute resolution entities registered in the list of alternative dispute resolution led by the Ministry of Economy of the Slovak Republic.

12. The alternative dispute resolution platform through which the consumer can file a proposal to initiate an alternative dispute resolution is available on the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage .

13. The seller is entitled to sell goods on the basis of a trade license. The Trade Licensing Office is carried out within its competence. The Slovak Trade Inspection shall, to the defined extent, supervise the compliance of the Consumer Protection Act and the Consumer Protection Act in distance sale.

Article XII.

Final provision

1. All agreements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties negotiate that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer's rights arising from generally binding legal regulations.

2. The seller is not bound by any codes of behavior within the meaning of § 3 par. 1 (a) n) of the Consumer Protection Act in distance sale.

3. All rights to the seller's website, in particular copyright to content, including the layout of the page, photos, movies, graphics, trademarks, logo and other content and elements, belongs to the seller. It is forbidden to copy, edit or otherwise use the website or part thereof without the seller's consent.

4. The decisive right for the legal relationship of the parties regulated by these GTC is the right of the Slovak Republic.

5. The GTC are valid and obliged from the date of their publication on the Seller's website and can also be consulted at the seller's registered office. The Seller reserves the right to cancel, change, modify or replace them at their discretion with new ones, with the fact that the GTC applies to the concluded contracts valid at the time of the conclusion of the purchase contract. By sending the order and clicking the consent to the wording of the GTC on the Seller's website, the buyer confirms that he / she has become acquainted with and agrees with them, regarding them as part of the contractual relationship.

6. The Seller shall not be liable for errors arising as a result of interventions of third parties to the online store or as a result of its use contrary to its designation. The Buyer may not use procedures that could have a negative impact on its operation and not to carry out any activity that could allow him or third parties to intervene or unlawfully use program equipment or other components forming an online store or using an online store or part of its parts or software equipment.

7. Purchase contract, including terms and conditions, is archived by the seller in electronic form.

8. This provision shall not affect the rights and obligations arising from the effectiveness of the previous wording of the Terms and Conditions.

9. Annex to the Terms and Conditions is a sample form for withdrawal.

These Terms and Conditions come into effect on the day ............... and are used for orders delivered to the seller via the website after that date.


Annex no. 1

Sample withdrawal form

(Complete and send this form only if you wish to withdraw from the contract)

Seller:

Business Name:

IČO:

VAT ID:

DIČ:

with its registered office:

Contact details:

Email:

Phone:

www:

Buyer:

Consumer/Consumer's Surname and Surname* ..............

Consumer/Consumer Address* ..............

Consumer's email address ..............

I hereby announce/announce* that I am withdrawing/withdrawing* from the purchase contract, the subject of the delivery of the goods: ..............

Date of ordering of goods /receipt of goods* ..............

Withdrawal from the purchase contract the consumer returns the purchased goods to the seller, while the costs associated with the return of the goods are borne by the consumer.

Consumer/Consumer Signature* ..............

In .............. on ..............

* Strike out what does not apply.