1. General Provisions
These Business and Complaint Terms govern the rights and obligations of the parties arising out of a purchase contract concluded between a seller, such as Shield-Sk, sro, with registered office at H. Meličkova 2988/12, Company ID: 46 701 494 (hereinafter referred to as "seller") and to buyer whose subject is the purchase and sale of goods on the seller's e-shop website. The products offered by the seller come either from official a distribution, from distribution from other EU member countries, or from final consumers through their purchase.
Contact details of the Seller:
Shield-Sk, s.r.o., with registered office at H. Meličkovej 2988/12 Slovensko, Company ID: 46701494 Tax Identification Number: 2023549671, VAT No .: SK 2023549671
Address: H. Meličkovej 2988/12
Phone: +421 948 492 549
E-mail: info@top4mobile.eu
- These Terms and conditions, as in force from the day of the conclusion of the purchase contract, are an inseparable part of the purchase contract. In the case that the Seller and the Buyer shall conclude a written purchase contract, in which they settle conditions different from this Terms and conditions, the provisions of the purchase contract will be preferred before these Terms and conditions. This agreed terms shall not be in conflict with other legislation (a shortened period of a product complaint, warranty period etc.)
- The Additional contract, for the purposes of these Terms and conditions, is understood as a contract, on the basis of which the Buyer gets the product or the service is provided to him, which is related with the subject of the purchase contract, if the product is supplied or the service provided by the Seller or the third party based on their agreement.
- The stated purchase price of the product on any webpage of the e-shop, which is operated by the Seller, is VAT included in the amount set by in-force laws of the Slovak Republic and do not include the price of the product transportation or other optional services. All discounts applies until stocks are exhausted, unless stated otherwise for the concrete product.
- The Seller reserves the right to change the price of the product on any webpage of the e-shop, which is operated by the Seller, at any time. The change of the purchase price of the product shall not apply on purchase contracts closed before the change of the price, regardless of the fact that the product had not been delivered yet.
- In the case that the Seller fails to meet his obligations stated in the in-force laws of the Slovak Republic or European Communities or steted in this Terms and conditions, the Buyer can apply his right to use a competent court against the Seller.
2. The way of the conclusion of the purchase contract
- A proposal for the conclusion of the purchase contract is sent by the Buyer to the Seller in form of a filled form on the website of the Seller, by which he sent a proposal to the conclusion of the purchase contract, subject of which is a payment transfer of the owner right of the product, which is marked by the Seller, for the purchase price and under conditions, stated in this order (hereinafter „order“).
- Then, after sending the order, the Buyer gets an automatic notification on his e-mail adress about delivery of the order to the electronic system of the Seller (hereinafter „delivery of the order“). If needed, any other information about the order can also be sent on the e-mail adress of the Buyer.
- The delivery of the order contains information about that the order has been delivered to the Seller but it is not an acceptance of a proposal for the conclusion of the purchase contract.
- Then, the Seller shall send information about an acceptance of the order (hereinafter „acceptance of the order“), to the e-mail adress of the Buyer. The acceptacne of the order contains information about name and specifications of the product, which sale is the subject of the purchase contract, further information about the price of the product and/or another services, information about estimated delivery time of the product, name and information about the place, where the product shall be delivered and information about eventual price, conditions, manners and deadline of the product´s transportation to the agreed place of delivery to the Buyer, information about the Seller (business name, CRN, the number of the entry in the Commercial Register, etc.), eventually, other needed information.
- The purchase contract is concluded via delivery of the acceptance of the order in electronic or written form to the Buyer.
- The Seller shall inform the Buyer in a clear, unambiguous, intelligible and unalterable manner before sending the order about pre-contract information about complaint, payment, bussines, tresport and other terms, so:
a) about main features of the product or character of the service in a range adequate to used mean of communication and the Seller has informed about the product or the service on the relevant webpage of his e-shop,
b) about business name and place of the Seller, the Seller has informed on the relevant sub-webpage of his e-shop and in article 1 of this Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- c) about Seller´s telephone number and about other data, which are important for contacting the Seller, include address of his e-mail and fax number, if he has them, the Seller has ifnormed on the relevant sub-webpage of his e-shop and in the article 1 of this Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
d) about the address of the Seller, where the Buyer can claim the product or the service, file a complaint, or another intiative, the Seller has informed in the article 1 of this Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
e) about the total price of the product or the service, including VAT and other taxes or, if it is impossible to determine a correct price of the product or the service because of its character, about the manner in which it is calculated, and also costs of transportation, delivery, postage and other costs and fees, or if this costs and fees cannot be determinated in advance, about that the Buyer shall be obligated to pay them, the Seller has informed on the relevant catalog site of his e-shop,
- f) about payment terms, delivery terms, deadline, to which the Seller shall deliver the product or provide the service, about information about the application procedure of claims and handling with them, complaints and incentives from the Buyer, the Seller has informed in the relative articles of this Terms and conditions, which are placed on the relative sub-webpage of his e-shop,
g) about information about the right of the Buyer to withdraw from the purchase contract, about terms, deadline and procedure during application of the right to withdrawal from the purchase contract, the Seller has informed in the article 10 of these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- h) about providing of the form for the withdrawal from the purchase contract, the Seller has informed in the article 10 and in the attachment of these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop; at the same time, the Seller has provided the form for the withdrawal from the purchase contract itself in the attachement of these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- i) about the information that if the Buyer withdraws from the purchase contract, he shall pay costs related to returning the product to the Seller according the § 10 par. 3 Act no. 102/2030 Z.z. of the Consumer Protection Act on selling a product or providing a service based on a contract closed at a distance or based on a contract closed outside the place of business of the Seller and about change and addition of some acts (hereinafter „Consumer Protection Act on Distance Selling“); and if he withdraws from the purchase contract, also costs for returning the product, which is, thanks to its character, impossible to return via a post service, the Seller has informed in the article 10 of this Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- j) about the obligation of the Buyer to pay to the Seller a price for actually provided performance according Article 10 (5) of the Consumer Protection Act on Distance Selling if the Buyer withdraws from the contract related to services after that he gives an explicit consent to the Seller according Article 4 (6) of the Consumer Protection Act on Distance Selling, the Seller has informed in article 10 of this Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- k) about circumstances, under which the Buyer loses his right for withdrawal from the purchase contract, the Seller has informed in article 10 of these Terms and condition, which are placed on the relevant sub-webpage of his e-shop,
- l) about instruction related to liabillity for damage of the product or the service according § 622 a 623 of the Civil Code, the Seller has informed in the article 8 of these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- m) about existence and details of the warrancy provided to manufacturers or sellers according to stricter principles according § 502 of the Civil Code, if a manufacturer or a seller provides so, as well as information about existence and terms of services provided to the Buyer after selling the product or providing the service, if such service is provided, the Seller has informed on the relevant catalog webpage of his e-shop and in the article 9 of these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- n) about existence of respective Code of Conduct, which the Seller committed to adhere, and about a manner, through which the Buyer can get to know it or earn its wording, the Seller has informed on the relevant catalog webpage of his e-shop,
- o) about the duration of the contract in the case, that it is a term contract; when it is a contract for an indefinite period or with automatically extended duration, also an information about terms of withdrawal from such a contract, the Seller has informed on the relevant catalog webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- p) about minimal duration of the Buyer´s obligations rising from the purchase contract, if there is any such obligation, the Seller has informed on the relevant catalog webpage of his e-shop and in these Terms and conditions,
- q) about the obligation of the Buyer to pay a deposit or provide other financial backup on a request from the Seller and about terms which are related to such provision, if such obligation rises from the purchase contract, the Seller has informed on the relevant catalog webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- r) about the functionality including usable technical protective measures for securing an electric contain, if it is necessary, the seller has informed on the relevant cataloge webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- s) about compatibility of electronical contain with hardware and software, about which the Seller knows or it is reasonable to expect that he knows about them, if it is necessary, the Seller has informed on the relevant catoleg webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- t) about the possibility and terms of conflict solving out of court via an alternative conflict solving system, if the Seller commited to use this system, the Seller has informed on the relevant catalog webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- u) about acts needed to conclude the purchase contract in a way, that these acts were described in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- v) about a fact, that the purchase contract shall be saved in an electronic form and it is available to the Buyer after that the Buyer sends a request in writing, the Seller has informed on the relevant catalog webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- w) about a fact that offered language for a conclusion of the purchase contract is Slovak, the Seller has informed on the relevant catalog webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage on his e-shop.
- If the Seller failed to fulfill the obligation to inform about the payment of additional fees or other costs, acorrding point 2.6 letter e) of these Terms and conditions, or about costs related with the returning of the product according point 2.6 letter i) of these Terms and conditions, the Buyer is not obligated to pay such additional costs or fees.
3. Rights and obligations of the Seller
- The Seller is obligated to:
- a) deliver the product based on the order confirmed via the acceptance to the Buyer in the agreed quantity, quality and deadline, and pack it or prepare for a transportation in manner needed to its protection and preservation,
- b) secure that the delivered product shall comply with in-force regulations of the Slovak Republic,
- c) immediately after conclusion of the purchase contract, at the latest with the product delivery, provide a confirmation about conclusion of the purchase contract to the Buyer on a durable medium, for example via an e-mail. The confirmation has to contain all information stated in the point 2.6, including the form for the withdrawal from the purchase contract.
- d) at the latest with the product delivery, submit all documents to the Buyer in electronical or written form which are needed for takeover and using of the product and other documentc prescribed by Slovakian legislation (manuals in Slovak, warranty card, delivery note, invoice).
- The Seller has a right for proper and timely payment of the purchase price for the delivered product from the Buyer.
- In the case that from the reason of stock exhaustion or unavaibality of the product, the Seller is not able to deliver the product to the Buyer within the deadline agreed in the purchase contract or determined in these Terms and conditions or in agreed purchase price, the Seller is obligated to offer to the Buyer a substitute performance or an opportunity to withdraw from the purchase contract (cancel the order). The Buyer can withdraw from the purchase contract or cancel the order via an e-mail. In the case, that the Buyer have paid the purchase price or its part, the Seller shall refund the purchase price or its part within 30 days since the day of the delivery of an e-mail related to the withdrawal from the purhcase contract, respectively cancelation of the order, to the Buyer to an account determinated by the Buyer, unless both sides agreed otherwise. If the Buyer does not accept the substitute performance offered by the Seller within an average time; neither he withdraws from the purchase contract, the Seller is entitled to withdraw from the purchase contract and in the case, that the Buyer have paid the purchase price or its part, the Seller shall to refund the purchase price or its part within 30 days since the delivery of the withdrawal from the purchase contract to him.
4. Rights and obligations of the Buyer
- The Buyer was acquainted by the Seller with the fact that part of the order is an obligation to pay the price
- The Buyer is obligated: a) to take over the ordered and delivered product, b) pay agreed purchase price to the Seller within agreed due date, including costs for the delivery of the product.
- The Buyer has a right for the delivery of the product in quantity, quality, within deadline and on the place agreed by both parties
5. Delivery and payment conditions
- The product is sold according to exposed samples, catalogs, type sheets and samplers of the Seller, placed on the website of his e-shop. The delivered product has a minimal expiration date more than 2 month before the expiry date. In the case of shorter expiration date, contact the Seller before the delivery via a phone or an e-mail and he shall deliver the product, after the consent from the Buyer.
- The Seller shall complete the Buyer´s order and deliver the product to the Buyer within 30 days in the case, that the product is during ordering presented as „in stock“. If the in stock state of the product is presented with a text „To order“, the provision from the point 1.4 of these Terms and conditions applies. The Buyer accept these deadlines without reservations.
- Information published on the website of this e-shop are not online with the information system of the Seller. The information is updated once a day, usually at night. There could be a state that the information about availability of the product, during the Buyers ordering, does not comply with current state of the Seller´s stock, or stock of his suppliers. After receiving such an order, the Seller is obligated to inform the Buyer about such a fact via a phone or an e-mail. The Seller has not to accept such an order , respectively, consistent to the point 10.1 of these Terms and conditions, unilaterally withdraws from the purchase contract.
- The Buyer is obligated to take over the product at a place which is stated in the Seller´s acceptance of the order sent to the Buyer. In the case that the Buyer does not take over the product within 7 day deadline settled in the purchase contract, respectively, in the binding acceptation of the order, without sending the written withdrawal from the purchase contract in advance, the Seller is entitled to compensation in amount of actual expenses for attempt to unsucessful delivery of the order. After 30 days since the day, when the Buyer was obligated to take over the product, the Seller is entitled to withdraw from the purchase contract and give the product to a third party.
- The Seller is entitled to invite the Buyer to take over of the product before the deadline settled in the purchase contract.
- Weight, size and other information about the product contained in cataloges, prospects and other documents of the Seller, placed on the website of the e-shop, are in the range available for the Seller from a manufacturer, respectively an importer. Manufacturers, and also sellers, reserve the right for changes, adjustments and modifications, if they do not negatively influence utility properties of the product. In the case that such a situation occurs and the Buyer does not accept the change, he is entitled to withdraw from the purchase contract and eventualy, get a refund from already paid price of the subject of the order.
- Place of delivery of the product is a place, which is stated in the Seller´s acceptance of the order, if both parties do not agreed otherwise.
- In the case that the Seller delivers the product to the Buyer at the place settled in the purchase contract, the Buyer is obligated to take over the product personally or secure that, in a case of his absence, the product will be taken over by a person who was authorised by the Buyer to take over the product stated in the purchase contract, and the third person has to sign an affirmation. The third person, who is authorised to take over the product stated in the purchase contract, is obligated to submit an original or copy of the purchase contract to the Seller and a product payment document and written affirmation. If it will be necessary to repat the delivery of the product because of absence of the Buyer at the delivery place, the Buyer pays all expenses associated with it, including repeated delivery to a delivery place and storage in amount stated in the point 10.2 of these Terms and conditions.
- The Buyer is obligated to check the consignment – product – as well asi its packaging, immediately after the delivery. In the case that the Buyer finds out that the product or its packaging is mechanicaly damaged, he is obligated to report such a fact to a carrier and, in his present, check the condition of the product. In the case, that the product is damageded in the time of his take over by the Buyer, the Buyer is obligated to make a report about a range and charakter of such a damage (damage report) and a carrier will confirm its correctness. Based on this report, the Seller can, after the closing of a harfmful event, provide a removal of the defect, discount for the product or, in the case of irremovable defects of the product, deliver to the Buyer a brand new product.
- In the case of not delivering the product by the Seller in deadline stated in the point 5.2 of these Terms and conditions, The Buyer is entitled to withdraw from the purchase contract and the Seller shall refund to the Buyer already paid part of the purchase price pursuant the point 10.8. of these Terms and conditions.
- The Buyer receives an invoice to every consignment via an e-mail. Where a warranty card is needed, he receives it in the packaging
- Payment methods:
- In cash upon take over of the product at stores of the Seller
- Credit/debit card payment at stores of the Seller
- Advance payment on Seller´s account
- Cash on delivery, it is charged according the Seller´s price list
6. The purchase price
- The Buyer shall pay the purchase price of the Product to the Seller, which is settled in the purchase contract and/or due to the price list of the Seller valid in the time of the conclusion of the purchase contract, including delivery costs (hereinafter „the purchase price“). The Buyer can pay the purchase price:
- in cash upon take over of the product at stores of the Seller
- via a credit/debit card at stores of the Seller
- via an advance payment on Seller´s account
- via cash on delivery, it is charged according the Seller´s price list
- In the case that the Buyer pays the purchase price to the Seller via a non-cash transfer, the day of payment is such a day, when the whole purchase price was credited to the Seller´s account.
- The Buyer is obligated to pay the purchase price for a product to the Seller up to the deadline settled in the purchase contract, at the latest during the take over of the product.
- In the case that the Buyer has default in paying the purchase price, the Seller is entitled to charge a contractual fine, in amount of corresponding with paid cash advance, to the Buyer and the Buyer is obligated to pay it.
- In the case that the Buyer has default in paying the purchase price or its part, contractual parties has agreed that the Seller is entitled to withdraw from the purchase price and paid cash advance for the purchase price shall be, in its full amount, included for contractual fine which the Buyer is obligated to pay to the Seller, unless otherwise specified in the purchase contract.
- Delivery costs are charged according the current price list and its value is stated in a recapitulation of the order, unless agreed otherwise by parties.
7. Acquisition of ownership and transfer of the risk of harm the product
- The Buyer acquires the ownership to the product after paying the whole purchase price for the product.
- The risk of harm the product transfers to the Buyer at the time when the Buyer, or a third person, authorised by the Buyer, takes over the product from the Seller or his representative, who is authorized to delivery the product, or, if he does not do so in time, in the moment, when the Seller allowed the Buyer to use the product and the Buyer does not take over the product.
8. The withdrawal from the purchase contract
- If the Seller is not able to comply his obligations resulting from the purchase contract because of the stock exhaustion, unavailability of the product, or if the manufacturer, supplier or importer of the product agreed in the purchase price cancelled the manufacture or made so serious changes, that make realization of complying the Seller´s obligations, resulting from the purchase contract impossible, or from the reason of higher power, or even after making every effort, which can be fairly demanded, the Seller is not capable to deliver the product to the Buyer in a deadline determined by these Terms and conditions, or in the price, which is stated in the order, the Seller is obligated to inform the Buyer immediately about such a fact and at the same time, he is obligated to offer a substitute performance to the Buyer or the possibility to withdraw from the purchase contract (cancel the order). In the case that the Buyer withdraws from the purchase contract from reasons stated in this point of these Terms and conditions, the Seller shall refund already paid cash advance for the product, agreed in the purchase contract, to the Buyer within 30 days since notification about withdrawal from the purchase contract, and shall do it via a non cash transfer on an account determined by the Buyer.
- In the case that the Buyer is a bussinessman, a substitute withdrawal from the purchase contract can be offered to him, depending on condition of the product, already missed warrancy and current price of the returned product. Condition of the product is evaluated by the Seller. In the case disagreement in the terms acceptable for both sides, the product will be returned back, at costs of the Seller. The Seller is entitled to charge eventual other incurred costs to the Buyer.
- The Buyer is entitled to withdraw from the purchase contract without giving any reason according the § 7 et seq. Act No. 102/2030 Coll of Consumer protection on Distance Selling (herein after „The Consumer Protection Act on Distance Selling“) within 30 days since take over of the product, respectively from the day of conclusion of the purchase contract of providing the service or the contract of providing of electronic content not supplied on tangible medium, in the case that the Seller in time and proper complied informational obligations according § 3 of the Consumer Protection Act on Distance Selling.
- Within this time, the Buyer has a right to unpack and try the product out, after take over, in a way similar to usuall one when buying in classic store, and in a range needed for discovery of the character, features and funcionality of the product.
- Time fot the withdrawal from the contract starts to flow in a day, when the buyer, or a third person authorized by him, except a carrier, takes over all parts of the ordered product or in the case that a) the products ordered by the Buyer are delivered separately, from the day when the last part was delivered, b) the product contained more parts or pieces, from the day of take over of the last part or piece, c) the product is delivered repeatedly during defined time, under contract, from the day of take over of the first delivered product.
- The Buyer shall make The withdrawal from the contract in written form and in the manner that makes no doubt that the withdrawal from the contract happend, or in a form of record on other durable media, or via a form, which is in annex No. 1 of these Terms and conditions. Time for the withdrawal from the contract is considered preserved if the notification about the withdrwal from the contract was sent to the Seller, at the latest on the last day of time according § 7 (1) of the Consumer Protection Act on Distance Selling.
- The withdrawal from the purchase contract, according to the previous point of these Terms and conditions, has to contain information, demanded in the form of withdrawal from the purchase contract, which is in annex No. 1 of these Terms and condition, including the Buyer identifiation, number and date of the order, correct specification of the produt, the way by which the Seller shall refund already paid price, including an account number and/or a post address of the Buyer.
- If the Buyer withdraws from the purchase contract, every additional contract related with the purchase contract, from which he withdrawed, is also cancelled. It is not possible to demand on the Seller some costs or other payments related with the withdrawal from an additional contract except payment costs and payments stated in. § 9 (3), § 10 (3) and (5) of the Consumer Protection Act on Distance Selling and prices for service in the case, that subject of the contract is providing of the service and full providing of the service occured.
- The Buyer is obligated to send the product back immediately, at the latest within 30 days since the withdrawal from the purchase cotract, to the address of bussiness place, or submit it to the Seller, or a person authorized by the Seller for take over of the product. This does not stand, if the Seller would propose picking up the product personally or via a person authorised by him. Time due to the first sentence of this point of these Terms and conditions is considered as preserved, if the product was received by a carrier, at the latest in the last day of the time.
- The Buyer is obligated to deliver the complete product to the Buyer, including complete documentation, undamaged, and in original packaging and unused, if it is possible.
- It is recommended to insure the product. Any cash on delivery consignment would not be taken over by the Seller. The Seller is obligated immediately, at latest within 30 days since a notification about withdrawal from the purchase contract, refund all payments, which he had received from the Buyer under the purchase contract or in relation with it, except delivery costs, transportation costs and postage and another costs and fees. The Seller is not obligated to refund payments to the Buyer, according this point of these Terms and condition, before he receives the product or until the Buyer prove that he has sent the product back to the Seller, unless the Seller propose that he will pick up the product personally, or via a person authorised by him.
- The Buyer takes cost for returning of the product to the Seller or to a person authorised by the Seller for taking over the product. This does not stand if the Seller agreed that he will take the product alone, or if he does not comply his obligation according § 3 (1) letter i) of the Consumer Protection Act on Distance Selling.
- The Buyer is responsible only for decreasing of the product´s value, which is the consequence of such a behavior to the product which is beyond the behavior needed for finding out the features and fuctionality of the product. The consumer is not responsible for decreasing of the product´s value if the Seller does not comply his informational obligation about the consumer´s right to withdraw from the contract according § 3 (1) letter h) of the Consumer Protection Act on Distance Selling.
- The Seller is obligated to refund the purchase price to the Buyer in the same way, which was used by the Buyer for his payment, unless the Seller and the Buyer agreed on different way of payments refund, without charging additional fees to the Buyer.
- In the case that the Buyer withdraws from the contract and return the product to the Seller, which is used, damaged or incomplete, he shall pay to the buyer: a) value which has been decreased from the original according the § 457 of the Civil Code in actual amount b) costs which has incurred to the Seller in relation with repairing of the product and its restoration, calculated according the price list for post-warranty service of the product. The Buyer is obligated, due to this point of these Terms and conditions, to pay damages up to amount difference between the purchase price of the product and value of the product in the time of withdrawal from the purchase contract.
- In accordance with § 7 (6) of the Consumer Protection Act on Distance Selling, the Buyer cannot withdraw from the contract, which subjects are: - sale of the product made according to personal requests of the consumer, the product made to measure or the product made for only one consumer, - sale of the product closed in a protective packaging which is not appropriate to return because of health protection or hygienic reasons and which protective packaging was damaged after the delivery, - sale of audio recordings, video recording, audio-visual recording, books or computer software which are sold in protective packcaging in the case, that the consumer damaged such a packaging, - providing of electronic contain in other way than on a tangible medium, in the case that its providing began with an explicit consent of the consumer and he stated that he was properly instructed that with this consent he lost the right for withdrawal from the contract-, sale of the product which was at the time of conclusion of the contract and giving from the Seller to the Buyer assembled, unfolded or used in such a way that its reinstatement is not possible without making increased effort and increased costs.
- Proivisions of the article 10 of these Terms and conditions does not expressly apply for subjects which do not comply with definition of the consumer stated in the § 2 letter a) of the Consumer Protection Act on Distance Selling.
Sample contract
9. Responsibility for defects and warrancy
See Complaints Procedure
10. Personal data and its protection
See Personal Data Protection
11. Final Provisions
- The Buyers takes note and agrees that rights and duties between the Seller and the Buyer are not governed solely by these Terms and conditions, but also by the Terms and conditions of the Seller, procedures during claims when the product is damaged, and warrancies and Compleint Procedure of the Seller, which are available at the bussines place of the Seller or published on the websites of the Seller. The Buyer takes note that delivered product does not have to be from the official distribution, it follows that it is necessary to claim it only the Seller.
- All of the legal relationships between contractual parties are governed by the legislation of the Slovak Republic. On the legal relationship between the Seller and the buyer during the mail order sales the Civil Code and specific regulations apply. In the case that some problems cannot be solved according the provisions of the Seller´s Terms and conditions, they are governed by relevant provisions of the Civil Code or the Commercial Code.
- By sending the order, the Buyer confirms that he has read these Terms and conditions, eventualy, also Terms and conditions and Complaints Procedure of the Seller, got familiar with their content and he agrees with them in whole range.
12. Right for the withdrawal from the purchase contract
You have a right to withdraw from the purchase contract without giving any reason within 30 days. This time for withdrawal from the purchase contract will expire after 30 days since You or a third person authorised by You, except a carrier, take over the product. When applying the right for withdrawal from the purchase contract, inform us about Your decision to withdraw from the purchase contract via an unambiguous statement (for example a post letter, a fax or an e-mail). Time for withdrawal from the purchase contract is preserved, if you send a notification about applying the right for withdrawal from the purchase contract before the time for withdrawal from the purchase contract expires.
13. Other rights and duties
Regardless the other provisions, the Seller is not responsible for lost profits of the Buyer, loss of an opportunity, neither for other direct or subsequent losses incurred in any way.
The supervisory authority:
The Slovak trade inspection (SOI)
Inspectorate SOI for region Bratislava Prievozská 32, P.O. Box 5,820 07 Bratislava 27
technical control department and consumer protection department and legal department, telephone no.: 02/ 58272 172, 02/58272 104 fax no.: 02/ 58272 170 http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/.