Terms and conditions

General terms and conditions iFix s.r.o.

 

These Terms and Conditions govern the rights and obligations of the parties arising from the purchase agreement concluded between the Seller, which is iFix, sro, with the registered place at Námestie hraničiarov 6/A, 851 03 Bratislava, ID: 47019948, registered in the Commercial Register of the District Court Bratislava 1, Section: Ltd., Insert no. 87860 / B (hereinafter referred to as the "Seller") and Consumer, which subject matter is the purchase and sale of goods on the Seller's e-commerce website.

Sellers contact details:

iFix s.r.o., with registered place Námestie hraničiarov 6/A, 851 03 Bratislava IČO: 47019948, registered in the Commercial Register of the District Court Bratislava I Section: Sro, Insert č. 87860 / B

• TAX: 2023719379

• VAT number: SK2023719379

• Business name: iFix s.r.o.

• Phone: +43 720 880806

• Email: info@fixshop.eu

• Supervisory authority:

• Slovak Trade Inspection (SOI)

• SOI Inspectorate for the Bratislava Region

• Prievozská 32, P.O. Box 5,820 07 Bratislava 27

• the Technical Product and Consumer Protection Department and the Legal Department

• tel. 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

 

These terms and conditions, in its wording come into effect on the date of concluding the purchase agreement, are an integral part of the purchase contract. In the event that the Seller and the Consumer enter into a written purchase agreement in which they agree on different terms from these terms and conditions, the provisions of the purchase agreement will be given priority to these terms and conditions. The terms and conditions agreed upon must not be in conflict with other legal regulations (shorter time for return of goods, warranty period, etc.)

For the purposes of these terms and conditions, an additional agreement is to be understood as a contract under which the Consumer acquires goods or is provided with a service task related to the subject of a purchase contract, if the goods are delivered or a service task provided by the Seller or a third person under the terms of their agreement.

The displayed purchase price for the goods on any e-commerce website operated by the Seller also includes value added tax, at the amount determined by the valid legal regulations of Slovak Republic and does not include the price for the shipping or delivery of goods or other optional services. All sales are valid until supplies last, unless specified otherwise.

The Seller reserves the right to adjust the price of the goods at any time on any e-commerce website operated by the Seller. The change in the price of the goods does not apply to purchase contracts concluded before the price change, regardless of the fact that the goods have not yet been delivered.

In the event that the Seller fails to comply with his obligations under the applicable laws of Slovak Republic or the European Communities or under these terms and conditions, the Consumer may exercise his rights against the Seller through the competent court.

 

2. The method of concluding a purchase contract

   1. The proposal for the conclusion of a purchase contract is sent by the Consumer to the Seller in the form of a completed and submitted form, which can be found on the website of the Seller, by which he has submitted a proposal for the conclusion of a purchase contract, which subject is the transfer of the right of ownership of the goods identified by the Consumer, at the set purchase value and under the terms specified in the order (hereinafter referred to as "Order").
   2. The Consumer will automatically receive an email after submitting his order, stating that the order has been received by the vendor’s electronic system (hereinafter referred to as "Order delivery confirmation"). Any additional information regarding the order will be likewise sent to the Consumer’s email address.
   3. The Order delivery confirmation contains information that the Seller has received the order, but does not yet indicate acceptance of the proposal to conclude the purchase contract.
   4. The Seller subsequently sends the Consumer an email with information on whether the Consumer's order has been accepted (hereinafter referred to as "Order Acceptance"). Order Acceptance contains information on the name and specification of the goods which sale is the subject of a purchase contract, details on the price of the goods and / or other services, the indication of the anticipated delivery period, the name and the address of the place where the goods are to be delivered, and the eventual price and terms as well as method and time of the delivery of goods to the agreed place of delivery for the Consumer, the Sellers details (business name, registered place, company registration number, etc.) and other necessary data.
   5. The purchase contract is concluded by receiving of the Order Acceptance in electronic or written form by the Consumer.
   6. The Seller has informed, in clear, unambiguous, comprehensible and unmistakable manner, before the Consumer has submitted his order, about pre-contractual information regarding claim, payment, trade, shipping and other terms by:
      1. has informed about the main characteristics of the goods or the nature of the service task to the extent appropriate for the means of communication used and to the goods or services, has informed on the relevant catalogue site of the Seller’s e-commerce website.
      2. has informed about the Seller's trading name and registered place on the respective sub-page of the Seller's e-commerce website, and in Article 1 of these terms and conditions, which are available on the respective sub-page of Seller's e-commerce website.
      3. the Seller's telephone number and other data necessary for the Consumer to be able to contact the Seller, in particular the e-mail address and fax number, if existing, and has informed about them on the relevant catalogue site of the Seller’s e-commerce website and in Article 1 of these terms and conditions, which are available on the respective sub-page of the Seller's e-commerce website.
      4. the address of the Seller, where the Consumer can file a claim on the goods or services, file a complaint or else, can be found in Article 1 of these terms and conditions, which are available on the respective sub-page of the Seller’s e-commerce website
      5. the information on the final price of the goods or services, including value added tax and all other taxes, or if, due to the nature of the goods or services the price can not be approximately estimated in advance, the manner in which it is calculated as well as the shipping, delivery, postage and other costs and fees, or if the fact that the Consumer will be obliged to pay for such costs and charges can not be estimated in advance can be found on the respective sub-page of the Seller’s e-commerce website.
      6. information on the payment, delivery terms as well as the time period within which the Seller commits to deliver goods or provide a service task, and the information on the procedures for enforcing and dealing with claims, complaints and suggestions of the Consumer, can be found in the respective sub-articles of these terms and conditions, which are available on the respective sub-page of the Seller's e-commerce website
      7. information on the Consumers right to withdraw from the purchase contract, and the conditions, time period and procedure for exercising the right of withdrawal from the purchase contract, are available in Article 10 of these terms and conditions, which are available on the respective sub-page of the Seller's e-commerce website.
      8. informed about the provision of a withdrawal from the purchase contract form in Article 10 and the appendix of these terms and conditions, which are available on the respective sub-page of the Seller’s e-commerce website; the Seller also provides the withdrawal from the purchase contract form in the appendix of these terms and conditions which are available on the respective sub-page of the Seller’s e-commence website.
      9. information that under the circumstances that the Consumer withdraws from the purchase contract, he will bear the costs associated with the return of the goods to the Seller under provision § 10 section 3 of Act no. 102/2014 Z.z. on the protection of the Consumer in the sale of goods or the provision of services where the contract is concluded exclusively by means of distance communication or where the contract is concluded outside the premises of the Seller and of amendment and replenishment of certain laws (hereinafter referred to as the "Consumer Protection Act for distance selling"), and if the Consumer withdraws from the purchase contract he bears the cost of returning goods which, by reason of their nature, can not be returned via post, are stated in Article 10 of these terms and conditions, which are available on the respective sub-page of the Seller’s e-commerce website.
      10. the Consumer’s obligation to pay the Seller the price for the provided service task pursuant to Section 10 paragraph 5 of the Consumer Protection Act when the Consumer withdraws from the Service Contract after giving the Seller explicit consent under Section 4 paragraph 6 of the Consumer Protection Act in the case of distance selling, is available in Article 10 of these terms and conditions, which are available on respective sub-page of the Seller’s e-commerce website.
      11. circumstances in which the Consumer loses the right to withdraw from the contract are specified in Article 10 of these terms and conditions, which are available on the respective sub-page of the Seller's e-commerce website.
      12. Instructions on the Seller's liability for defects in goods or service tasks pursuant to provision of the Act 622 and 623 of the Civil Code are provided in Article 8 of these terms and conditions, which are available on the respective sub-page of the Seller's e-commerce website.
      13. on the existence and details on the warranty provided by the manufacturer or Seller under more stringent principles than stipulated in Act 502 of the Civil Code, if provided by the manufacturer or the seller, as well as information on the existence and terms of support and services provided to the Consumer after the sale of the goods or the provision of the service task, if such support is provided, has informed on the respective sub-page of the of the Seller’s e-commerce website and in Article 9 of these terms and conditions, which are available on the respective sub-page of the Seller's e-commerce website.
      14. the existence of relevant codes of conduct that the Seller has committed to adhere to, and the manner in which the Consumer may acquaint himself with them or obtain the wording thereof, are provided on the respective sub-page of the Seller’s e-commerce website.
      15. on the duration of the contract, in the case of a fixed-term contract; or in case of a contract concluded for an indefinite period, in which case its validity is automatically renewed, as well as information on the terms of the termination of the contract, are provided on the respective sub-page of the Seller’s e-commerce website and in these terms and conditions, which are available on the respective sub-page of the Seller’s e-commerce website.
      16. on the minimum duration of the Consumer's obligations arising from the purchase contract, if such an obligation for the Consumer arises from the purchase contract, informs on the respective sub-page of the Seller’s e-commerce website and in these terms and conditions, which are available on the respective sub-page of the Seller’s e-commerce website.
      17. Consumer's obligation to pay a deposit or to provide another financial guarantee at the request of the Seller and the conditions which apply to it, if such an obligation arises for the Consumer from the purchase contract, are provided on the respective sub-page of the Seller’s e-commerce website and in these terms and conditions, which are available on the respective sub-page of the Seller’s e-commerce website.
      18. Informed about the functionality, including usable technical safeguards to secure electronic content, if appropriate, on the respective sub-page of the Seller’s e-commerce website and in these terms and conditions, which are available on the respective sub-page of the Seller’s e-commerce website.
      19. Informed about the compatibility of the electronic content with the hardware and software, of which the Seller is aware or of which, reasonably anticipated, the Seller is supposed to be aware of, if applicable, on the respective sub-page of the Seller’s e-commerce website
      20. Informed about the possibility and terms of dispute settlement through an out-of-court or through an ADR system, if the Seller has committed to use this system, on the respective catalogue site of the Seller’s e-commerce website and in these terms and conditions, which are available on the respective sub-page of the Sellers e-commerce website.
      21. informed about the actions required to conclude a purchase contract by describing the required actions in these terms and conditions, which are available on the respective sub-page of the Seller’s e-commerce website.
      22. informed that the purchase contract will be stored electronically by the Seller and will be available to the Consumer upon submitting a written request to the Seller, on the respective sub-page of the Seller’s e-commerce website and in these terms and conditions, which are available on the respective sub-page of the Sellers e-commerce website.
      23. the language for concluding contract is Slovakian language, of which it is informed on the respective sub-page of the Seller’s e-commerce website and in these terms and conditions, which are available on the respective sub-page of the Sellers e-commerce website.
   7. If the Seller has not informed about the obligation to pay additional fees or other costs under the point 2.6. (e) of these terms and conditions, or about other cost associated with returning the goods under point 2.6. (i) of these terms and conditions, the Consumer is not obliged to pay these additional costs or fees.

3. Rights and obligations of the Seller

   1. The Seller is obliged to:
   2. Deliver the goods based on the accepted order, in the agreed amount, quality and time period and pack or equip them before shipping in a way suitable for storage and protection,
   3. Ensure, that the delivered goods fulfill all the valid rules and regulations of SR
   4. immediately after concluding the purchase contract, but at the latest upon delivery of the goods, provide the buyer with a confirmation of concluding a purchase contract on a durable medium, for example by email. The confirmation must contain all the information listed in point 2.6. including the withdrawal from the purchase contract form.
   5. deliver all documents necessary for receiving and the usage of the goods and other documents prescribed by applicable Slovak legislation (manuals in Slovak language, warranty certificate, delivery note, tax document), latest upon delivery of the goods in written or electronic form.
   6. The Seller has the right to receive a proper and timely payment of the purchase price from the Consumer for the delivered goods
   7. If the Seller is unable to deliver the goods to the Consumer within the time agreed upon in the purchase contract or determined by these terms and conditions or for the agreed purchase price, the Seller is obliged to offer the Consumer a substitute or the possibility to withdraw from the purchase contracts (cancel order). The Consumer may withdraw from the purchase contract or cancel the order by email. If the Consumer has already paid the purchase price or part of it, the Seller is obliged to refund the purchase price which was already paid or the already payed part of it thereof, within 14 days from the date of receiving the email with the withdrawal of the purchase contract or, cancellation of the order by the Consumer to a designated account, unless the parties agreed otherwise. If the Consumer does not accept the substitute offered by the Seller within a reasonable period of time or does not withdraw from the purchase contract, the Seller is entitled to withdraw from the purchase contract and if the Consumer has already paid the purchase price or part of it, thereof, the Seller is obliged to refund the purchase price already paid or the part of it paid, within 14 days from the date of delivery of the withdrawal from the purchase contract to the Consumer.

4. Consumer’s rights and obligations

   1. The Consumer was informed by the Seller, that the obligation to pay the purchase price is a part of the order.
   2. The Consumer is obliged to:
      1. handle the ordered and delivered goods
      2. pay the Seller the arranged purchase price within the time period agreed, including the costs for shipping and delivery of the goods
      3. Confirm in the delivery note the acceptance of the goods with their signature or the signature of the authorized person
   3. The Consumer has the right to receive the goods in the amount, quality, date and place agreed upon by parties
   4. The buyer is obliged to check the goods after receipt from the carrier or at the branch and in case of damaged goods to report the situation either by phone or e-mail no later than 24 hours after receipt of the order. If it fails to do so, any complaint or withdrawal from the contract by the seller will be rejected.

5. Delivery and payment terms

   1. The usual availability of the goods together with the shipping date, is listed next to every product on the e-commerce website.
   2. Unless the Seller and the Consumer agreed otherwise, in the purchase contract, the Seller is obliged to deliver the goods to the Consumer without undue delay, however, no later than 30 days after the date of concluding the purchase contract. If the Seller fails to fulfill his obligation to deliver the goods within the time period specified in the first sentence, the Consumer shall request him / her to deliver the goods within an additional reasonable period specified by the Consumer. If the Seller does not deliver the goods within this reasonable additional period, the Consumer is entitled to withdraw from the contract.
   3. The Seller is entitled to demand from the Consumer to accept the goods even before the expiry of the delivery period stipulated in the purchase contract.
   4. The color of the goods displayed on the e-commerce website may not exactly match the true color shades perceived in reality. The color shades displayed depend, among other things, on the quality of the monitor, or respectively on the device used.
   5. The Consumer is obliged to accept the goods at the place which the Seller or his agent, responsible for delivering the goods and the Consumer agreed upon in the purchase agreement or in another way prior to the delivery of the goods (hereinafter referred to as the "Place"). The Consumer is obliged to accept the goods within a time period which the Seller or his agent, who is responsible for delivering the goods and the Consumer agreed upon in the purchase contract or in another other way before the delivery of the goods (hereinafter reffered to as "Time period").
   6. Under circumstances in which the Seller delivers the goods to the Consumer to the Place and within the Time period, the Consumer is obliged to accept the goods or ensure that the goods are accepted by a person authorized by the Consumer, in case of his absence, and to accept the goods and sign the payment and receipt protocol. The third person authorized to accept the goods is obliged to present the Seller with a copy of the order confirmation. The goods are considered to be delivered and accepted from the moment of delivery to the Consumer. Delivery of the goods is understood as delivering the goods to the Place, and their acceptance by the Consumer or a third party which is authorized by the Consumer and by signing of the protocol of payment, receipt and confirmation of delivery of the goods to the Consumer, or a third party authorized by the Consumer.
   7. If the buyer fails to take over the goods, even though the seller has delivered them to the Place and within the Timeframe, or if the goods are stored at a designated location and the buyer fails to take them over without prior written withdrawal from the purchase agreement within the Timeframe, the seller is entitled to claim compensation for the incurred damage in the amount of the actual costs of delivering the goods to the Place. The buyer is obliged to pay the seller the damage in the amount of the actual costs of delivering the goods to the Place upon the seller's request; if the buyer insists on the re-delivery of the goods, the re-delivery of the goods to the Place will only take place after the payment of the actual costs of delivering the goods to the Place.

In accordance with Slovak laws, we are entitled to compensation for incurred damages in the amount of actual costs under the provisions:

§ 52 para. 2 of the Civil Code: "The provisions on consumer contracts, as well as all other provisions regulating legal relationships in which a consumer is a party, shall always apply if it is to the benefit of the contractual party who is a consumer. Different contractual agreements or arrangements, the content or purpose of which is to circumvent this provision, are invalid. In all legal relationships in which a consumer is a party, the provisions of the Civil Code shall always be used preferentially, even if commercial law norms should otherwise apply."

§ 53 para. 1 of the Civil Code: "Consumer contracts must not contain provisions that cause significant imbalance in the rights and obligations of the contracting parties to the detriment of the consumer (hereinafter referred to as "unacceptable condition"). This does not apply if it concerns contractual conditions relating to the main subject matter of performance and the adequacy of the price, if these contractual conditions are expressed clearly, distinctly, and understandably or if the unacceptable conditions have been individually negotiated."

§ 53 para. 4 letter k) of the Civil Code: "Provisions listed in the consumer contract as unacceptable conditions include in particular provisions that require the consumer, who has not fulfilled his obligation, to pay an unreasonably high amount as a penalty associated with the non-fulfillment of his obligation."

1. The purchase agreement is concluded by an unfolding condition, that if the consumer does not pay the Seller the agreed purchase price in the meaning of point 4.2 of these trade conditions within the period of 15 days since requested by the Seller to accept the goods, the contract is cancelled, the parties return or replace all accepted fulfillments and the Seller acquires a right to freely dispose with the ordered goods.
2. The Consumer is entitled to check the package, and so the goods as well as their packaging immediately after delivery in the presence of the representative of the Seller. Under the circumstances of finding a fault with the goods and/or in case of receiving an incomplete package (smaller number of goods, e.g. missing ordered product) the representative of the Seller is obliged to allow the Consumer to create a record of the extent and character of the damage to the goods, which accuracy is to be proved by the representative of the Seller. On the basis of the created record, delivered to the Seller, the Consumer may accept the goods with the damage or confirm the delivery of the goods with damage and consequently in terms of Article 8 of these terms and conditions, fill in a claim of damaged goods with the Seller or entitled person. In case, the Consumer refuses to accept the delivered goods with damage, all the invested expenses for returning the goods to the Seller are to be handled by the Seller.
3. The Consumer is entitled, if the goods are not delivered within the time period stated in point 5.2 of these terms and conditions, to withdraw from the purchase contract and the Seller is obliged to refund the Consumer the already payed amount of the purchase price within 14 days from delivery of the withdrawal from the purchase contract, in a form of a transaction to the bank account provided by the Consumer.
4. Under circumstances of accepting the order, which was pre-paid online, iFix s.r.o or its contractual partner has a right to request a proof of identity (ID or passport), in order to avoid inconvenience or harm and in order to prevent legalization of acquiring profit by criminal activity.
5. Under circumstances of winning a competition organized by iFix s.r.o., the winner of this competition is obliged to pick up his price within 30 calendar days from the day of announcement of the results of the competition by iFix s.r.o. The winner’s right for the price ends after this period runs out, and the price falls through in favor of the organizer.

6. Purchase Price

   1. 1.The purchase price is agreed upon in the purchase agreement concluded between the Seller and the Consumer and is stated in the acceptance of the order (hereinafter referred to as “Purchase price”). If the Purchase price stated in the delivery confirmation is higher than the purchase price for an identical product displayed on the Seller’s e-commerce website offer, at the time of submitting the order by a Consumer, the Seller sends the Consumer an electronic message with information about the new purchase price of a different amount, which is regarded to be a proposal made by the Seller for a conclusion of a new purchase contract, which becomes valid only after the Consumer explicitly approves of it, by email or in written form.
   2. The Consumer is obliged to pay the Seller the purchase price of the goods, including shipping and delivery costs, by cash or by a card payment in case of personal collection, by cash on delivery at a place of delivery or by an online transaction to the bank account of the Seller, specified in the order confirmation or on the e-commence website of the Seller, before accepting the goods.
   3. Under the circumstances that the Consumer pays the seller the purchase price by online transaction, the date of the payment is considered to be the day on which the purchase price has been received to the seller’s bank account.
   4. The Consumer is obliged to pay the Seller the purchase price for ordered goods within the time period established by the purchase contract, however, latest at the moment of accepting the goods.
   5. Under the circumstances that the Consumer does not pay the Seller the whole purchase price until the moment of delivery of the goods to the Place and the parties have not agreed on paying the purchase price in installments, the Seller has the right to not deliver the goods to the Consumer.
   6. The costs associated with the assemblage and carrying forth of the goods are not included in the purchase price and the Seller is not obliged to provide these services to the Consumer

7. Acquisition of ownership and transfer of the hazard of damage on goods

   1. By accepting the goods at the agreed place the ownership right to the goods is passed to the Consumer. The Consumer, that does not meet the definition of a consumer from provision § 2 (a) of Act, acquires the ownership right of the goods only after fully paying the purchase price of the goods to the Seller
   2. The hazard of damage to goods is transferred to the Consumer from the time at which the Consumer or a third party authorized by the Consumer accepts the goods from the Seller, or his representative which is entitled to deliver the goods, or if he does not do so in time, then at the time when the Seller allows the Consumer to handle the goods and the Consumer does not accept the goods.

8. Return policy (liability for defects, warranty, claims)

   1. Under the circumstances of defective goods, where the defects can be removed, the Consumer has the right to request a removal of the defect, in a timely and proper manner. The Seller is required to remove the defect without undue delay.
   2. The Consumer may, instead of requesting a removal of the defect, request an exchange of goods, or if only a part of the goods is defective, exchange of the part, if by this, the Consumer does not create disproportionate costs to the Seller, taking into consideration of the price of the goods and/or seriousness of the defect
   3. The Seller may, instead of removing the defect, exchange the defective goods for goods without defect, under the circumstances that it does not create serious inconvenience to the Consumer.
   4. If the defect in goods, can not be removed, and prevents the goods to be properly used, in a way as without a defect, the Consumer has a right to request an exchange of the goods, or has a right to withdraw from the purchase contract. The same rights belong to the Consumer, under circumstances that the defect can be removed, yet the Consumer is not able to use the goods properly, due to repeated occurrence of the defect after its removal, or due to a number of defects.
   5. If the defect can not be removed, the Consumer has a right to an adequate discount from the purchase price of the goods.
   6. The Seller has informed the Consumer about his rights, pursuant to provision § 622 of the Civil Code (point 8.1 to 8.3 of these terms and conditions) and rights pursuant to § 623 of the Civil Code (point 8.4 to 8.5 of these terms and conditions) by placing these terms and conditions on a respective sub-page of the Sellers e-commerce website, and provided the Consumer with an opportunity to read them before submitting his order.
   7. The Seller is liable for defects in goods, in accordance with valid Slovak regulations and the Consumer is obliged to file a claim with the Seller or the designated person. Information about designated persons and service points for warranty and post-warranty service tasks are provided on the back of the warranty certificate or provided by the Seller to the Consumer upon request by phone or by email.
   8. Claims are handled according to the valid claim terms of the Seller, therefore Article 8 of these terms and conditions. The Consumer was properly informed of the Claim Rules and informed of the terms and process of lodging a claim of goods, including the details of where to file a claim, and of performing warranty repairs in accordance with provision § 18 section 1 of Act no. 250/2007 Z. z. on the consumer protection and on amending the Act of the Slovak National Council no. 372/1990 Coll. of offences as amended (hereinafter referred to as the "Act") at the time before concluding the purchase contract by placing these terms and conditions on the respective sub-page of the Seller’s e-commerce website and provided the Consumer with an opportunity to read them before submitting the order.
   9. The Claim Rules apply to the goods purchased by the Consumer from the Seller in the form of e-commerce on the Seller's e-commerce website
   10. The Consumer has the right to file a claim for defects on the goods purchased from the Seller for which the manufacturer, the supplier or the Seller is responsible during the warranty period.
   11. If goods show defects, the Consumer has the right to file a claim at the Seller's premises in accordance with provision § 18 section (2) of the Act by delivering the goods to the Seller's premises and by delivering a manifestation of the Consumer's will to exercise his right under points 8.1. to 8.5. of these Terms and conditions (hereinafter referred to as "Claim Notice") to the Seller, e.g. in the form of a filled in claim form, which can be found on the respective sub-page of the Seller's e-shop. The Seller recommends to insure the goods before sending them. The Seller does not accept cash on delivery packages. The Consumer is obliged to include all the required information in the Claim Notice, in particular to specify the type and extent of the defect of the goods; the Consumer shall also indicate which of his rights under provision § 622 and 633 of the Civil Code is he exercising. The Consumer has the right to file a claim, also to the person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as the "designated person"). The list of designated persons is listed in the warranty certificate or is sent to the Consumer by the Seller upon request.
   12. The handling of claim for goods, delivered to the Seller, shall begin on the day on which all the following conditions are cumulatively met:
       1. delivery of the Claim Notice to the Seller,
       2. delivery of the goods which are claimed by the Consumer to the Seller or designated person,
       3. Delivery of access codes, passwords, etc. of the claimed goods to the Seller if such data are necessary for the claim to be handled properly;
   13. Under the circumstance that the goods which are the subject of a claim cannot be objectively delivered to the Seller or which are firmly built-in, the Consumer is, in addition to fulfilling the conditions under points 8.12 (a) and (c) of these Terms and Conditions, obligated to provide all necessary assistance to the Seller or a third person designated by the Seller to perform the inspection of the claimed goods. A claim concerning goods that cannot be objectively delivered to the Seller or are firmly built-in begins on the day of inspecting the goods, in accordance with the first sentence. However, if the Seller or a third party designated by him, despite the required assistance provided by the Consumer, fails to arrange for the inspection to take place within a reasonable time, but no later than within 10 days of delivery of the Claim Notice to the Seller, the claim process shall commence on the date of delivery of the Claim Notice to the Seller.
   14. The Seller or a designated person shall provide the Consumer with a confirmatio of lodging a claim of the goods in an appropriate form selected by the Seller, for example in the form of a letter or in other written form, in which he is obliged to accurately identify the defects of the goods claimed and once again inform the Consumer of his rights under Section 8.1. to 8.3. of these Terms and Conditions (Provision § 622 of the Civil Code) and of his rights resulting from paragraph 8.4. to 8.5. of these Terms and Conditions (Provision § 623 of the Civil Code). If a claim is made solely by means of remote communication, the Seller must deliver the claim confirmation to the Consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of settlement of the claim; the claim confirmation does not have to be delivered if the Consumer has the ability to prove that the claim has been lodged, in another way.
   15. The Consumer is entitled to decide which of his rights under the provision § 622 and provision § 623 of the Civil Code he applies and at the same time is obliged to inform the Seller of his decision immediately. On the basis of the Consumer's decision, which of his rights under provision § 622 and provision § 623 of the Civil Code he intends to apply, the Seller or the designated person, is obliged to determine the method of settling the claim according to provision § 2 m) of the Act immediately, in more complex cases within 3 days from the beginning of the claim procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required within 30 days from the day the claim procedure commenced. After determining the method of settling the claim, the Seller or designated person will handle the claim immediately, in justified cases, the claim may be handled later. However, the claim must not be settled later than 30 days from the date of making the claim. After the expiration of the deadline for settling the claim, the Consumer has the right to withdraw from the contract or has the right to exchange goods for new goods.
   16. If the Consumer has filed a claim within the first 12 months from concluding the purchase contract the Seller may handle the claim by refusing, on the basis of an expert's opinion or opinion issued by an authorized, notified or accredited person or opinion of the designated person (hereinafter referred to as "Professional assessment of goods"). Notwithstanding the outcome of the Professional assessment of goods the Seller cannot demand the Consumer to pay for the cost associated with the Professional assessment of the goods or other costs related to the Professional assessment of the goods.
   17. ​​If the Consumer has filed a claim of the product after 12 months since the purchase contract has been concluded and the Seller has rejected it, the person who handled the claim is obliged to indicate in the claim certificate to whom the Consumer can send the goods for professional assessment. If the Consumer sends the goods for professional assessment to a designated person listed in the claim certificate the costs of the professional assessment of the goods as well as all other related expense incurred shall be borne by the Seller, irrespective of the outcome of the professional assessment. If the Consumer, by professional assessment, demonstrates the Seller's liability for the defect of the goods, he may resubmit the claim; the warranty period does not elapse during the time of preforming the professional assessment of the goods. The Seller is obliged to pay to the Consumer within 14 days of the day of the resubmitted claim all costs incurred for the professional assessment of the goods as well as all the related expenses. The resubmitted claim cannot be denied.
   18. The warranty does not cover defects of which the Consumer was warned about by the Seller, at the time of concluding the purchase contract or of which, taking into account the circumstances under which the purchase contract was concluded, the Consumer had to be aware of.
   19. The Seller reserves the right to replace defective goods for other goods which are without defect and have the same or better technical parameters, unless this would cause serious difficulties to the Consumer.
   20. The Seller is not responsible for defects in goods:
       1. If the Consumer has not exercised his right appertaining to the Sellers’ liability for defects in the goods by the end of the warranty period of the goods,
       2. If the defect in the goods is due to mechanical damage caused by the Consumer,
       3. if the defect in the goods arises from the use of the goods under circumstances which do not correspond in intensity, humidity, chemical or mechanical effect to the natural environment of the goods,
       4. if the defect is caused by improper handling, manipulation or by malpractice of the goods
       5. if the defect in the goods has been caused by damage to the goods by excessive loading or use in contradiction to the conditions specified in the documentation or general principles of the customary use of the goods,
       6. if the defect in the goods is caused by damage to the goods by irreversible and / or unforeseeable events,
       7. if the defect in the goods resulted from damage to the goods by accidental destruction and accidental deterioration,
       8. if the defect in the goods is caused by unprofessional interference, damage due to water, fire, static or atmospheric electricity, or any other intervention of force majeure
       9. if the defect in the goods has been caused by interference in the goods by an unauthorized person
       10. If the package is not complete, or in the event of a clear defect which the Consumer could have identified by checking the package at the time of delivery of the goods and of which he did not notify to the Seller in accordance with point 5.9 of these Terms and Conditions, later claims of this kind may be accepted only if the Consumer demonstrates that the goods have already been defective at the time of accepting the goods by the Consumer.
   21. The Seller is obliged to handle the claim and to terminate the claim process in one of the following ways:
       1. By handing over the repaired goods,
       2. By exchanging the goods,
       3. by refunding the purchase price of the goods,
       4. by paying back an appropriate sum as a discount from the price of the goods,
       5. by submitting a written request for acceptance of a specified performance by the Seller,
       6. By a reasonable rejection of the claim of the goods.
   22. The Seller is required to issue a written document on the method of settling the claim, no later than 30 days from the day of lodging the claim in person by post, a courier or delivery service provider.
   23. The Seller will inform the Consumer immediately after the termination of the claim procedure, by phone or e-mail, and he / she will, together with the goods, or by email deliver the claim confirmation document.
   24. The warranty period is 24 months from the date of delivery of the goods unless a different warranty period is specified for certain cases.
   25. In case of refurbished goods 21 months (by refurbished goods we understand used goods which have subsequently passed through inspection by one of our specialists and which are marked so);
   26. In case of used goods 12 months (by used goods we understand goods marked so, which are used or repaired without defect, whereby the completeness of the packing does not obstruct full usage of the goods)
   27. Under circumstance that the Consumer is a businessperson (legal person), parties agreed upon a warranty period of maximum 12 months in accordance with provision § 429 section 2 of the Commercial Code
   28. The warranty period may be extended by the period during which the Consumer could not use the goods due to warranty repair of the goods.
   29. In the case of an exchange of the goods, the Consumer is provided with a claim confirmation containing the information about the exchange of the goods and any further claims should be filed on the basis of the purchase contract and this claim confirmation. In case of exchange of goods for new, the warranty period will start again from the day of receiving new goods, but only in case where the goods are exchanged for new goods.
   30. If the defect can be removed, the claim will be resolved based on the Consumer’s decision under point 8.15. of the following terms and conditions:
   31. The Seller ensures a repair/removal of the defect, or
   32. The Seller exchanges the defective goods
   33. If the defect can be removed and the consumer does not specify without delay according to point 8.15 of these terms and conditions, how the claim should be resolved, the Seller resolves the claim by removing the defect.
   34. Resolving the claim covers only defects listed in the Claim Notice and the Confirmation of lodging claim of the goods according to point 8.14. of these terms and conditions.
   35. For claim purposes, the multiple occurrence of removable defect is considered to be a one removable defect which occurred more than twice.
   36. For claim purposes, the occurrence of more than three different removable defects at the same time is considered to be a large number of different removable defects.
   37. The Consumer's right to lodge a claim in case of defective goods is consumed after he has exercised his right and has requested the Seller to remove the defect of the goods under Section 8.1. of these terms and conditions, and irrespective of the outcome of the claim, the claim of the same single defect (not the defect of the same kind) will be refused.
   38. Provisions made in Article 8 of these Terms and Conditions do explicitly not apply to entities that do not meet the definition of a Consumer set out in provision § section 2 a) of the Act.

9. Personal Data and their protection

   1. Parties agreed, that the Consumer, under the circumstance that he is a physical person, is obliged to notify the Seller in his order, for the purpose of proper processing and delivery of the order, of his forename and surname, permanent address including postcode, phone number and email address.
   2. Parties agreed, that the Consumer, is obliged to, for the purposes of proper processing and delivery of the order, under the circumstance that he is a legal person, provide the Seller in the order, with his business name, address of registered place including postcode, registration number, VAT number (if assigned to him), phone number and email address.
   3. The Consumer that has registered in the online store may at any time check and modify the personal data provided, as well as cancel his registration after logging in to the "User Profile" section of the Seller’s e-commerce website.
   4. The Seller hereby notifies the Consumer that, under Article 6 paragraph (1) (b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing the Directive 95/46 / EC (General Data Protection Regulation) hereinafter referred to as the "Regulation"), the Seller as an information system operator will process the Consumer's personal data without the consent of the data subject in the process of concluding a purchase contract, without the consent of the data subject as the Consumer's personal data processing will be performed by the Seller under the conditions of a pre-contractual relationship with the Consumer and processing of the Consumer's personal data necessary for the fulfilment of the purchase contract in which the Consumer acts as one of the parties.
   5. According to Article 6 section (1) f) of the Regulation the Seller may upon delivery of the ordered goods or, provision of the service task to the Consumer, on the basis of a legitimate interest in processing the Consumer's personal data for direct marketing purposes, send information about new products, discounts and sales of goods and offered service tasks to the Cconsumer's email address.
   6. The Seller commits himself to handle and store the Consumer's personal data in accordance with applicable Slovak legislation.
   7. The Seller declares that, in accordance with Article 5 section (1) (a) and (b) of the Regulation, the Consumer’s personal data will be acquired solely for the purposes stated in these Terms and Conditions.
   8. The Seller declares that, for purposes other than those stated in these terms and conditions, the Consumer’s personal data will only be acquired on the appropriate legal basis, while ensuring that such personal data are processed and exploited exclusively in a manner consistent with the purpose for which they have been collected and will not be associated with personal data that have been obtained for another purpose or for the purpose of fulfilling the purchase contract.
   9. Before submitting the order, the Consumer will be asked to confirm by ticking the box (opting-in) that the Seller has communicated to him in sufficient, comprehensible and unambiguous manner his / her identification data as referred to in Article 1 of these terms and conditions demonstrating the identity of the Seller, contact details of the Seller, or the designated person, the purpose of processing the personal data, which is the conclusion of a purchase contract between the Seller and the Consumer and the legal basis for the processing of personal data, that the Consumer is required to provide personal data for the purpose of concluding the purchase contract and for the proper processing and delivery of the order, as in Article 6 section (1) (f) that the legitimate interests of the Seller are direct marketing, third party identification data, which is the company delivering the goods to the Consumer, or the identification data of other recipients or categories of recipients of personal data, if any, the time of retention of personal data, or the criteria for its determination,
   10. The Seller declares that he will process the personal data in accordance with good morals and will act in a way that does not conflict with the Regulation or any other generally binding legal regulation and will not attempt to circumvent them.
   11. The Seller, in accordance with the Regulation, shall provide the Consumer whose data it processed with the following information: the identity and contact details of the Seller and, where applicable, of the representative of the Seller, the contact details of the person responsible, the processing purposes for which the personal data are intended and the legal basis of the processing, if the processing is based on Art. 6 section (1) (f), the legitimate interests pursued by the Seller or a third party, the circuit of recipients, or the categories of recipients of personal data where applicable, where relevant, the information that the Seller intends to transfer personal data to a third country or international organization, the period of retention of personal data, or criteria for its determination, information on the existence of the right to demand from the Seller access to his or her personal data and the right to rectify or erase or restrict the processing, or right to object to processing, as well as data portability rights, the right to lodge a claim with the supervisory body, information of whether the provision of personal data is a legal or contractual requirement or a requirement that is necessary for concluding a contract, whether the Consumer is required to provide personal data, and the possible consequences of not providing such data,
   12. the existence of automatic decision-making, including profiling;
   13. The Consumer has the right to obtain from the Seller a copy of the personal data that is being processed and has the right to obtain all the above information. For any further copies requested by the Consumer, the Seller may charge a fee corresponding to the administrative cost of making a copy.
   14. If a Consumer exercises his right under paragraph 9.11 in writing or in an electronic form and the content of his request implies that he exercises his right under paragraph 9.11, the request shall be deemed to be filed under this Regulation.
   15. The Consumer has a right to object the Seller in the matter of processing of his or her personal data that he or she supposes that are to be or will be processed for direct marketing purposes, including profiling to the extent to which it is related to such direct marketing. If the Consumer objects to such processing, the Seller will terminate the processing of personal data for direct marketing purposes from the date of delivery of such an objection to the Seller, and the personal data of the Consumer concerned, may no longer and will no longer be processed for such purposes.
   16. The Consumer may, if he suspects that his personal data is being unduly processed, file in a complaint with the Office for Personal Data Protection of the Slovak Republic. If the Consumer does not have the full legal capacity, his rights may be exercised by a legal representative.
   17. The Seller shall take appropriate measures to provide the Consumer with all the information referred to in point 9.11 in a concise, transparent, comprehensible and easily accessible form, clearly and simply formulated. The Seller shall provide the information electronically or in accordance with the Regulation by other means agreed upon with the Consumer.
   18. Information on the measures taken at the Consumer’s request shall be provided by the Seller to the Consumer without undue delay, in any case within one month from receiving the request.
   19. The Seller hereby notifies the Consumer that, according to provision § 15 paragraph 1 e) point 3 and point 4 of ZnOOU while processing Consumers personal data it is assumed, that the Consumers personal data will be provided and made available to the following third parties or circle of recipients;
       1. DHL Express (Slovakia), spol. s r. , M.R. Štefánika Airport Bratislava 820 01, IČO: 31342876, VAT No .: SK2020298610, registered in the Commercial Register of the District Court Bratislava Section Sa, Insert: 4400 / B.
       2. Slovak Parcel Service s.r.o., Senecká cesta 1 900 28 Ivanka pri Dunaji, IČO: 31329217, IČ DPH: SK2020351993, registered in the Commercial Register of the District Court Bratislava Section Sa, Insert: 3215 / B.
       3. Company Slovenská pošta, a.s, Partizánska cesta 9 Banská Bystrica 975 99, IČO: 36631124, IČ DPH: SK2021879959, entered in the Commercial Register of the District Court Bratislava Section Sa, Insert: 803 / S

10. Withdrawal from the purchase agreement

    1. If the Seller can not fulfill his obligations under the purchase contract due to the unavailability of the goods or for the reason that the producer, importer or supplier of the goods, agreed upon in the purchase contract, interrupted the production or made such major changes that rendered impossible the fulfillment of the Seller's obligations arising from the purchase contract or due to force majeure, or if, even after all efforts that can be fairly demanded from him / her is not able to deliver goods to the Consumer within the time period specified by these terms or conditions or for the price stated in the order, the Seller is obliged to inform the Consumer immediately and is also obliged to offer the Consumer a substitute, or the Consumer has the right to withdraw from the purchase contract (cancel the order). If the Consumer withdraws from the purchase contract for the reasons stated in this clause, the Seller is obliged to refund the Consumer the already paid deposit for the goods agreed in the purchase contract within 14 days since receiving the notice of withdrawal, by transfer of the money to the account specified by the Consumer.
    2. The Consumer is entitled to withdraw from the purchase contract without giving any reason pursuant to the provision § 7 and following Of Act no. 102/2014 Z.z. on consumer protection in cases of distance selling (hereinafter referred to as the "Consumer Protection Act for Distance Selling") within 14 days from accepting the goods, or from the date of concluding the contract of the service provision or the contract for the provision of electronic content, not supplied on a physical medium, if the Seller has fulfilled in time and properly the information obligations according to the provisions § 3 of the Act on the Protection of Consumers in cases of distance selling.
    3. The Consumer has the right, within this time period to unpack and test the goods in a manner similar to that normally performed when shopping in a classic "stone" shop to the extent necessary to ascertain the nature, characteristics and functionality of the goods.
    4. The withdrawal period begins on the day when the Consumer or a third party authorized by him, with the exception of the courier, takes over all parts of the ordered goods or if:
    5. the goods ordered by the Consumer in a single order are delivered separately, from the date of accepting the goods which have been delivered as the last,
    6. supplied goods consist of several pieces or parts, from the date of delivery of the last part or last piece,
    7. On the basis of the purchase contract, the goods are delivered repeatedly for a defined period, from the date of accepting the first delivery of goods.
    8. The Consumer may withdraw from the purchase contract; which main subject is the purchase of the goods even before the commencement of the withdrawal period
    9. The Consumer must withdraw from the contract in writing in a manner that does not give rise to any doubts to his withdrawal from the contract, or in the form of another durable medium, or by using the form set out in Annex. 1 of these Terms and Conditions. The withdrawal period shall be deemed to be maintained if the notice of withdrawal has been sent to the Seller at the latest on the last day of the period under the provision § 7 section 1 of the Consumer Protection Act for Distance Selling
    10. Withdrawal from the purchase contract according to the preceding point of terms and conditions must include the information required by the withdrawal from the purchase contract form, which forms Annex no. 1 of terms and conditions, in particular the Consumer’s identification, the order number and date, the exact specification of the goods, the way the Seller has to return the already accepted transaction, especially the account number and / or postal address of the Consumer
    11. If the Consumer withdraws from the purchase contract, any additional contract related to the purchase contract from which the Consumer has withdrawn is also annulled from the outset. No costs or other payments may be claimed from the Consumer in connection with the cancellation of an ancillary contract other than the reimbursement of costs and payments specified in provision § 9 section 3, provision § 10 section (3) and (5) of the Consumer Protection Act for Distance Selling and service charges, where the main subject of the contract is the provision of the service and the service has been fully provided.
    12. The Consumer is obliged to send the goods back to the Operator's address or to the Seller or the person authorized by the Seller to take over the goods without undue delay, but not later than 14 days after the date of withdrawal from the Purchase Agreement. This does not apply if the Seller has suggested picking up the goods personally or by a person authorized by him / her. The time period according to the first sentence of this point of these terms and conditions is deemed to have been maintained if the goods were shipped, the latest on the last day of this time period.
    13. The Consumer is obliged to deliver the goods to the Seller in complete, including complete documentation, undamaged, if possible in original packaging and unused.
    14. It is recommended to insure the goods. The Seller does not accept cash on delivery packages. The Seller is obliged to refund to the Consumer, without undue delay and within 14 days from the date of delivery of the notice of withdrawal from the purchase contract, all payments received by him or her, related to the purchase contract, including shipping, delivery, postage and other costs and fees. The Seller is not obliged to refund to the Consumer payments, under these terms and conditions, prior to the delivery of the goods or until the Consumer manifests that the goods have been shipped to the Seller, or unless the Seller suggests that he will pick up the goods personally, or by a person authorized to do so.
    15. The Consumer shall bear the costs for returning the goods to the Seller or a person authorized by the Seller to accept the goods. This does not apply if the Seller has agreed to bear the costs himself or if he has not fulfilled the obligation under paragraph § 3 section (1) i) of the Consumer Protection Act for Distance Selling
    16. The Seller is obliged to refund the purchase price to the Consumer for the goods in the same way that the Consumer used for his payment unless the Consumer agrees to another method of refunding the payment, without incurring additional charges to the Consumer in this respect.
    17. In the event that the Consumer withdraws from the purchase contract and delivers the goods to the Seller in a damaged or incomplete condition, the Consumer undertakes to pay the Seller:
    18. the value by which the value of the goods has been reduced according to the provisions of provision § 457 of the Civil Code in the real amount
    19. the costs incurred by the Seller in repairing the goods and returning them into their original condition, calculated according to the price list for post-warranty service tasks
    20. The Consumer is obliged, in the sense of this point of the terms and conditions, to reimburse the Seller a compensation in the maximum value of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase agreement.
    21. In accordance with provision § 7 section 6 of the Consumer Protection Act for Distance Selling, the Consumer cannot withdraw from the purchase contract of which the subject is:
    22. the sale of goods made according to the specific requirements of the Consumer, custom-made goods or goods specifically intended for one consumer,
    23. the sale of goods contained in a protective packaging which is unsuitable to be returned for health protection reasons or hygiene reasons and whose protective packaging has been damaged after delivery,
    24. the sale of sound recordings, image recordings, audio-visual recordings, books or computer software sold in a protective packaging, if the Consumer unpacked it,
    25. the provision of electronic content on other than on a physical medium if its provision has begun with the explicit consent of the Consumer and the Consumer has stated that he has been duly instructed to lose the right of withdrawal by expressing such consent.
    26. the provision of a service task where the provision began with the explicit consent of the Consumer and the Consumer has declared that he has been duly instructed that, by expressing such consent, he / she loses the right to withdraw from the contract after the service task has been provided in full and,
    27. Provision of section 10 of these terms and conditions, explicitly do not apply to entities that do not meet the definition of a Consumer set out in provision § 2 a) of the Act.
    28. If the goods are purchased by a person in connection with his business activity (which is decided by the indication of the ID number on the purchase document), the right to withdraw from the purchase contract does not arise, as the Commercial Code does not allow this possibility.
    29. If the Buyer states his business ID  in the order, then he acknowledges that the rules stated in the GTC for entrepreneurs and legal entities apply to him. The entrepreneur does not have the right to withdraw from the contract, e.g. self-employment, which buys goods in the e-shop "to business ID".

11. Final provisions

    1. Where the purchase contract is concluded in writing, any changes thereto shall be in a written form
    2. The parties agree that communication between them will be in the form of email messages.
    3. Relationships not governed by these terms and conditions are governed by the relevant provisions of the Civil Code, the Act, 22/2004 Z.z. on electronic commerce and amending Act no. 128/2002 Z.z. on state control of the internal market in consumer protection matters and on the amendment of some acts, as amended by Act No. 284/2002 Z.z. as amended by later regulations and Act no. 102/2014 Z.z. on Consumer protection in the case of distance selling.
    4. If the Consumer is not satisfied with the Seller's handling of his claim or if he believes the Seller has breached his rights, he has the opportunity to contact the Seller for a rectification. If the Seller answers or fails to respond to a request for correction within 30 days from the date of shipping, the Consumer has the right to file a claim for alternative dispute resolution pursuant to provision § 12 of Act no. 391/2015 Coll. on an alternative solution on Consumer disputes and on the amendment of some laws.
    5. The relevant entity for alternative dispute resolution with the Seller iFix s.r.o, with its registered office at Námestie hraničiarov 6/A, 851 03 Bratislava, is Slovak Trade Inspection Prievozská 32, 827 99 Bratislava 27, www.soi.sk or other relevant legal entity registered in the list of alternative dispute resolution conducted by the Ministry of Economy of the Slovak Republic (the list is available athttp: //www.mhsr.sk); the Consumer has the right to choose which of these alternative dispute resolution entities to address.
    6. The Consumer can use the on-line dispute resolution platform to make a proposal for an alternative dispute resolution available at http://ec.europa.eu/consumers/odr/.
    7. These Terms and Conditions become effective for the Consumer by entering into a purchase contract.
    8. Before the order is sent, the Consumer will be asked to confirm by ticking the box (opting-in) that he has become familiar with, read, understood, and agrees with these terms and conditions.

 

Last update 13.02.2024