These business and claims conditions govern the rights and obligations of the parties under the purchase contract concluded between a seller Sentop, Ltd., located Oravský Podzámok 288, 027 41 Oravský Podzámok, ID: 46835318, registered in the Commercial Register of District Court Žilina, Section: sro, insert No. 57677 / L (hereinafter referred to as "Seller" in appropriate form) and the buyer with in accordance with Act no.102 / 2014 Coll may be a natural or legal person who does not buy the goods, products or services for the purpose of selling to other persons for the purpose of business or of employment and occupation (hereinafter referred to as "buyer" in appropriate form); which concerns the purchase and sale of goods on the website e-commerce vendor www.3dhodiny.sk.
Contact and billing information Seller:
Oravský Podzámok 288
027 41 Oravský Podzámok
Trading company registered in the Commercial Register of District Court Žilina, Section Sro, Insert No. 57677 / L
Email for contact with consumers: email@example.com
Bankers: SK9083300000002600727165 BIC/SWIFT:FIOZSKBAXXX
Surveillance and monitoring bodies:
The Slovak Trade Inspection (SOI) www.soi.sk (Electronic filing motions for reviewing) Inspectorate SOI for the Žilina region, suburban 71, 011 79 Žilina 1, +421417632130
Body of consumer ADR:
Consumer Centre - a non-profit organization, Andy Warhol 33 068 01 Medzilabroce
www.spotrebitelskecentrum.sk (electronic registry for dispute resolution)
firstname.lastname@example.org; +421 2 21 02 59 60
1. These terms and conditions and claims, as in force at the date of conclusion of the contract of sale are an integral part of the purchase contract. If the seller and the buyer enter into a written purchase contract in which they agree conditions derogating from those sales complaints and conditions, the provisions of the purchase agreement takes precedence over these Terms and conditions Complaints. So agreed terms may conflict with other legislation (the deadline for returns, warranty period, etc.).
2. The ancillary agreement, the purpose of these trade complaints and conditions means a contract under which the buyer acquires goods or is he of service, and related to the purchase agreement if the goods are delivered or the service provided by the vendor or a third party on the basis of their agreement.
3. Display the purchase price for the goods on any website e-commerce www.3dhodiny.sk operated by the seller, also it includes value-added tax at the rate specified legislation of the Slovak Republic and does not include the cost of freight and other optional services. All actions are valid while supplies last, unless in specific goods otherwise noted.
4. The seller reserves the right to adjust the price of the goods listed on any e-commerce website, operated by the seller. Change in the price of goods does not apply to sales contracts concluded before the price change, no matter that has not yet been delivery.
5. In the event that the seller fails to comply with its obligations under the applicable legislation of the Slovak Republic or the European Communities or in these business conditions and complaints, the buyer can exercise his right to the seller through the forum.
6. E-Shop or Electronic Data Systems seller means a publicly accessible computer system through which the visitor can make order goods or services.
7. goods, products and services, all products published on the website of electronic commerce www.3dhodiny.sk.
II. Method of closing the purchase contract
1. The application for this contract sent buyers, the day of execution of the order has reached the 18-th year of life, the seller in the form of sending form on the website of a seller has sent a proposal to this contract, the subject of which is the disposal of ownership of goods designated by the buyer for the purchase price and under the conditions specified in this order (the "order").
2. Subsequent to sending the order to the buyer receives your e-mail address automatically executed notice of the order to the electronic system vendor (the "confirmation of receipt of order"). The e-mail address, the buyer may, if necessary, receive all further information on his orders.
3. acknowledgment of receipt contains information that the seller has received an order, but it is not accepting the proposal to conclude a purchase contract.
4. Confirmation of the order by the seller which a sales contract whereby it is possible to alter, cancel or amended only by mutual agreement between buyer and seller unless the law or other legal regulation stipulates otherwise.
5. The purchase contract is the delivery of sound-forma invoice or invoices in an electronic format or in writing to the purchaser or the refund of the purchase price by means of electronic payment devices or other proper confirmation of receipt of the order and consent to the conclusion of contract by the seller.
6. Seller a clear, unambiguous, clear and unmistakable manner to inform the buyer before placing an order for pre-contractual information regarding the complaints, credit, trade, transportation and other conditions so that the buyer informed:
A). the main characteristics of the goods or the nature of the services to the extent appropriate to the means of communication and the goods or service informs the relevant product page, e-commerce vendor;
B). business name and registered office of the seller to inform the relevant sub-page e-commerce vendor and no L.1 these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor;
C). Seller phone number and other information that are important to contact the buyer with the seller, especially its electronic mail address, and fax number, if any, reported to the appropriate sub-page and e-commerce vendor Art .1 these business conditions and complaints that are placed the corresponding sub-page e-commerce vendor;
D). address of the seller, where the buyer can file claim goods or services to make a complaint or any other initiative, inform the Art .1 these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor,
E). the total price of goods or services, including value added tax and all other taxes, or where the nature of the goods or services the price can not reasonably be determined in advance, the manner in which the price is calculated, as well as the transport, delivery, shipping and other costs and fees or if such costs and fees can not be determined in advance of the fact that the purchaser shall be liable to inform the relevant product page, e-commerce vendor,
F). payment terms, delivery terms, the period in which the seller undertakes to deliver the goods or services in respect of information on the application procedure and processing complaints, complaints and suggestions purchaser has informed the relevant articles of these conduct and claims conditions are placed on the respective subpage electronic commerce vendor,
G). information about the buyer's right to withdraw from the contract, the conditions, time limit and procedures for exercising the right of withdrawal in no L.10 informed of these complaints and business conditions that are placed on the respective sub-page e-commerce vendor,
H). providing the form to withdraw from the contract informed in Art .10 and Annex these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor; the seller also gave itself a form to withdraw from the contract annexed to these trade complaints and conditions that are
placed on the respective sub-page e-commerce vendor;
I). information that if the buyer withdraws from the contract, to bear the cost of returning the goods to the seller in accordance with § 10 para. 3 of Law no. 102/2014 on consumer protection in the sale of goods or services under a contract concluded at a distance contract or an off-premises vendor and amending certain acts (hereinafter the "Law on the protection of consumers in respect of distance contracts"), and withdraws from the purchase agreement and the cost of returning goods which by their nature can not be returned by mail informed in Art .10 of these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor,
J). obligations of the buyer to pay the seller the price for the service actually provided by § 10 para. 5 of the Law on consumer protection in distance selling, if the purchaser withdraws from the contract, the services after the seller has granted explicit consent pursuant to § 4 ods. 6 of the Law on consumer protection in distance selling in no L.10 informed of these complaints and business conditions that are placed on the respective sub-page e-commerce vendor;
K). the circumstances in which the buyer loses his right of withdrawal informed in Art .10 of these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor;
L). Letter of the seller's liability for defects in the goods or services under sec. § 622 and 623 of the Civil Code informed in no L.8 these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor,
M). the existence and details of the guarantees provided by the manufacturer or seller under stringent principles as laid down in the provisions. § 502 of the Civil Code, if it is the manufacturer or seller provides, as well as the existence and the conditions of assistance and services provided to the buyer after the sale of goods or services, if such aid is granted, informed the relevant product page and e-commerce vendor Art. 9 these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor,
N). the existence of relevant codes of conduct, which is a signatory to the seller, and the way in which the buyer can become familiar with them or get their text informing the relevant product page, e-commerce vendor;
ABOUT). duration, in the case of a contract of limited duration; in the case of a contract concluded for an indefinite period, or in the case of contracts for which shall be automatically extended its validity, information on the conditions for terminating the contract shall inform the relevant product page, e-commerce vendor and in such conduct and claims conditions are placed on the respective subpage e-commerce vendor;
P). minimum duration of the buyer arising from the purchase contract when the purchase contract gives the buyer for such an undertaking, informed the relevant product page, e-commerce vendor, and these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor,
R). the obligation of the buyer to pay an advance payment or provide other financial security at the request of the seller and the conditions applicable to the provision apply if the purchase contract gives the buyer for such an undertaking; WITH). functionality, including applicable technical protection measures to ensure that electronic content, where appropriate, to inform the relevant product page, e-commerce vendor, and these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor,
T). Compatibility of electronic content with hardware and software that the seller knows or is reasonably expected to have knowledge, where appropriate, to inform the relevant product page, e-commerce vendor and in such conduct and claims conditions are placed on the respective subpage of e-commerce seller,
U). the possibilities and conditions for resolving the dispute out of court through alternative dispute resolution, if the seller agreed to use the system to inform on the page and the e-commerce vendor's conduct and claims conditions
IN). procedures necessary to conclude the purchase agreement so that the necessary actions described in these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor,
W). that the purchase agreement will be stored electronically by the seller and the buyer accessible after her buyers request in writing to inform the relevant product page, e-commerce vendor and in such conduct and claims conditions are placed on the respective sub-page e-commerce vendor .
X). that language offered for the conclusion of the Slovak language briefed on relevant product page, e-commerce vendor, and these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor.
7. If the seller failed to comply with information requirements for payment of additional fees, or other costs according to Art. 2 point 6 point. e) these trade complaints and conditions or the cost of returning goods under Art. 2 6. point. i) complaints and these business conditions, the buyer is not obliged to additional costs or fees paid.
III. The rights and obligations of the seller
1. The seller is obliged to:
A). deliver under the order confirmed acceptance of goods to the buyer in the agreed quantity, quality and time frame and wrap him or arrange for the transport of that necessary for their preservation and protection;
B). to ensure that the delivered goods meet the applicable regulations of the Slovak Republic;
C). immediately after the conclusion of the sales contract at the latest together with delivery of the goods to the buyer to provide proof of the purchase contract on a durable medium, such as through email. It shall comprise all the information referred to in paragraph 2.6. including withdrawal form from the contract;
D). over to the purchaser at the latest with the goods in written or electronic form all documents necessary for the acceptance and use of goods and other documents prescribed by applicable legislation of the Slovak Republic (in Slovak language instructions, warranty card, packing slip, invoice).
2. The Seller has the right to proper and timely payment of the purchase price from the buyer for the goods.
3. If, because of sellout or unavailability of goods is unable to seller delivers the goods to the purchaser within the period agreed in the contract or specified by these Terms and Conditions or Complaints for the agreed purchase price, the seller must give the buyer substitute performance or the ability for the buyer to withdraw from the Treaty (cancel the order).
4. withdraw from the contract or cancel the order, the buyer can email delivery. If the buyer has paid the purchase price or part returned to the seller already paid by the purchase price or part of it within 14 days of the receipt e-mail of withdrawal from the purchase contract, respectively. Canceling an order the buyer to the designated account, unless the parties agree otherwise. If the buyer within a reasonable time does not take a substitute performance offered by the seller, or withdraws from the contract, the seller is entitled to withdraw from the contract and if the buyer has paid the purchase price or any part thereof, the seller is obliged to reimburse the paid purchase price or its part within 14 days from the date of receipt of the withdrawal from the purchase contract.
IV. The rights and obligations of the buyer
1. The buyer seller was aware of the fact that the order implies an obligation to pay the price in advance of the confirmation of the order itself.
2. The buyer is obliged
A). take the ordered and delivered goods;
B). to pay the seller the agreed purchase price within the agreed maturity including the costs of delivery of goods,
C). check the integrity of the container respectively. also the product itself on take-over and to confirm the integrity and delivery of goods by the signature on the delivery note or sheets courier company or the signature of an authorized person.
3. The buyer has the right to supply the quantity, quality, time and place agreed by the Parties.
V. Shipping and Charges
1. The goods will be delivered to the buyer within the period stated on the website of the seller on the reopening of the order.
2. If the seller and the buyer in the purchase agreement have agreed otherwise, the seller must deliver the thing to the buyer without delay and not later than 7 days from the date of the purchase contract. If the seller fails to fulfill his obligation to deliver the thing within the first sentence, the buyer asks him to deliver the thing in him by providing additional reasonable period of time. If the seller does not deliver the item within this additional reasonable period, the buyer is entitled to cancel the contract.
3. The buyer agrees to extend the delivery period if appropriate to the production of the ordered goods or other circumstances.
4. View the results on any website e-commerce, operated by the seller is illustrative.
5. The buyer is obliged to check the shipment, that the goods and their packaging immediately after delivery. In the event of the existence of defects in the goods the buyer shall prepare a record of the extent and nature of defects in the goods, the accuracy of which is confirmed by courier or dealer. Based on this the fixation is delivered, the seller may refuse to accept the buyer subsequently delivered goods with defects or to confirm the delivery of goods with a defect and consequently under no L.8 these business conditions and complaints, to claim the defective goods from the seller or nominee. If the buyer refuses to accept the goods delivered with a defect, all reasonably incurred costs of returning goods to the seller shall be borne by the seller.
6. Seller is not responsible for:
A). delayed delivery of ordered goods caused by post or courier;
B). culpable damage to the shipment by mail or courier;
C). any non-delivery, which occurred due manufacturer (supplier) due to any restriction or cancellation of distribution rights or other unforeseen obstacles.
7. The buyer is entitled in the event of non-delivery by the seller within the period specified in 5.2. hereof withdraw from the contract and the seller is obliged to refund the buyer has paid part of the purchase price within 14 days of receipt of the withdrawal from the purchase contract by wire transfer to a bank account of the buyer of the buyer.
8. The buyer may pay for your order:
- By bank transfer on the bank account SK9083300000002600727165 BIC/SWIFT:FIOZSKBAXXX
- cash on delivery,
- Online - payment via GoPay,
- Online - payment via PayPall,
- The invoice, in agreement with spol. Sentop, Ltd.,
- in cash.
9. To deliver the ordered goods, the seller charges a flat rate of shipping costs depending on the selected mode of transport according to the current pricelist carriers while the buyer is informed about the price of services before placing an order.
10. The vendor may provide kupujúcem:
A). price discount for signing up for our e-shop,
B). discount for repeat purchases or,
C). discount on one-time basis while still providing Discount Coupon discounts can not be combined.
VI. Purchase price
1. The purchase price for the goods agreed in the contract between the buyer and the seller to the buyer is clear before sending the order and also podtvrdená in advance or regular invoice. If the purchase price indicated in the confirmation of receipt of an order higher than the price for identical goods indicated in the offer of electronic commerce at the time of submitting the order by the buyer, the seller shall deliver to the buyer a mail message with information about the offer of the new purchase price in another rate, which is considered proposal seller to conclude new sales contract that the buyer must explicitly confirm by e-mail or in writing, that there was a valid purchase contract.
2. The purchase price of goods when scrolling catalog may be increased by transport and handling or other fees reasonably incurred related to the delivery of goods to the buyer. . The purchase price before sending the order is final and valid for the parties in accordance with Article 6 paragraph. 1 of these General Terms and Conditions complaints.
3. The buyer must pay the purchase price including the cost of delivering the goods.
4. The payment date is the date when the full purchase price credited to the seller.
5. The buyer must pay the purchase price for the goods within the agreed by a sales contract way on what the dealer agreed when concluding the contract.
6. If the buyer fails to pay the seller the entire purchase price until the moment of delivery and the parties have not agreed on the payment of the purchase price for the goods in installments, the seller is entitled to refuse delivery of the goods to the buyer.
7. The cost of installing or vynáškou goods or other costs not included in the purchase price and selling the service is not required to provide the buyer.
VII. Acquisition and transfer of risk of damage to goods
1. The buyer acquires title to the goods until full payment of the full purchase price for the goods. Risk of damage to the goods passes to the buyer when the buyer or a third party acting as the buyer takes the goods from the seller or his representative appointed to deliver the goods or when to do so in a timely manner and at a time when the seller allows the buyer to dispose of the goods and the buyer goods does not take over.
VIII. Complaints procedure (liability for defects, warranty claims)
1. If the defect goods can be removed, the buyer shall have the right to be free, timely and properly removed. The seller is obliged defect promptly removed. This does not apply in the case of reduced service life or performance of goods or normal wear and tear of the goods primarily batteries and fluorescent lamps.
2. The buyer may instead of removing defects require replacement of the goods or if the defect relates only to the goods, replace components, if the team does not result in unreasonable costs to the seller for the price of the goods or the severity of the defect.
3. The seller may always instead of removing defects replace defective goods for perfect, if the buyer does not cause serious problems.
4. If the defect goods can not be removed and which prevents the goods to be properly used as a thing without defect, the buyer has the right to exchange the goods or has a right to withdraw from the contract. The same rights belong to the buyer, although in the case of removable defects, but the buyer is not for the repeated occurrence of the defect after repair or due to a larger number of non-conforming goods properly due.
5. In the case of other irremovable defects, the buyer is entitled to a reasonable discount from the price of goods.
6. The seller of the buyer learned of his rights upon it from the mouth. § 622 of the Civil Code (Section 8.1 to 8.3 of these business conditions and complaints) and the right upon it from the mouth. § 623 of the Civil Code (Section 8.4 to 5.8 of these business terms and complaint) by placing these business conditions and the complaint to the appropriate sub-page e-commerce sellers and buyers had the opportunity to read them in time before placing an order.
7. The seller is liable for defects in the goods in accordance with applicable regulations of the Slovak Republic and the buyer must make a claim by the seller or by the designated person. Information identifying persons and service places for customer service are listed on the back of the warranty card or contact the vendor to the purchaser on request by phone or email.
8. The handling of complaints are covered by a valid complaint procedure seller, that Art. 8 of these business conditions and complaints. Buyers had proper notice of the complaint procedure and informed of the conditions and how to claim the goods, including information about where a complaint can be applied and carrying out warranty repairs in accordance with sec. § 18. 1 of Act no. 250/2007 for. from. on consumer protection, amending Act of the Slovak National Council. 372/1990 Coll. on misdemeanors, as amended (the "Act") in time before concluding the contract by placing these business conditions and the complaint to the appropriate sub-page e-commerce sellers and buyers had the opportunity to have the time before sending the order read.
9. Complaints procedure applies to goods purchased by the buyer from the seller in the form of e-commerce website e-commerce vendor. 10. The buyer has the right to apply to the seller's liability for lack of conformity covers only the goods which exhibits flaws, for which the manufacturer, supplier or seller, it is covered by warranty and was purchased from the seller.
11. If a product has defects, the buyer is entitled to claim, in an establishment Seller in accordance with sec. § 18. 2 of the Act so as to deliver the goods to the establishment of the seller and the seller delivers the expression of the will of the buyer to exercise his rights under Article 8 paragraphs 1 to 5 of these trade complaints and conditions (the "Notice of submission of a complaint"), eg. In the form of completed form for complaints that is placed on the corresponding sub-page e-commerce vendor. Seller recommended goods when they were sending the complaint to insure. COD Shipments seller accepts. the buyer is obliged to notification of exercise of the claim truly give all the required information, in particular pinpoint species and the extent of defects in the goods, buyers will also indicate which of their rights under the provision. § 622 and 633 of the Civil Code to apply. the buyer is entitled to claim and the person authorized by the manufacturer of the goods to perform warranty repairs (the "designated person") . The list of designated persons listed in the warranty card and send it to the buyer at the seller's request.
12. The seller or buyer designated person shall issue a certificate of submission of a complaint of the goods in an appropriate form chosen by the seller, for example. in the form of email or in writing, which is required to pinpoint the claimed defects in the goods, and once again instruct consumers about their rights, fulfill its obligations under Article 8 point first-third of these business conditions and complaints (ust. § 622 civil Code) and the right to it under Article 8 paragraphs 4 and 5 of these business conditions and complaints (ust. § 623 of the civil Code). If the claim is put into effect by means of distance communication, the seller is required to confirm the submission of a complaint delivered to the buyer immediately; If you can not deliver the certificate immediately, it must be delivered without undue delay, at the latest, together with proof of settlement of the claim; confirmation of submission of a complaint may not be delivered if the buyer has the opportunity to demonstrate a complaint in another way.
13. The buyer is entitled to decide which of his rights under provision. § 622 and mouth. § 623 of the Civil Code applies, and is obliged to immediately reports the decision to the seller. Based on the decision of the buyer which of their rights under provision. § 622 and mouth. § 623 of the Civil Code applies, the seller or designee shall determine the method of complaint under sec. § 2. m) of the Act immediately, in complicated cases within 3 days from the start of the complaint procedure, in justified cases, in particular where a complex technical assessment of the condition of the goods within 30 days from the date of the complaint procedure. After determining the method of complaint vendor or nominee Claims shall be settled immediately, in appropriate cases, a complaint can equip later. Complaint shall not take longer than 30 days from the date of the claim. On expiry of the deadline for settlement of the claim, the consumer has the right to cancel the contract or the right to exchange the goods for new goods.
14. If the buyer claim the goods, apply for the first 12 months of the purchase contract, the seller may settle the complaint rejected solely on the basis of the experts' opinion or the opinion issued by authorized, notified or accredited person or opinion of the designated person (hereinafter "the expert assessment of goods"). Whatever the outcome of expert judgment can not require the seller to the buyer pay the costs of expert reports on goods, or other costs related to expert reports on goods.
15. If the buyer complaint products will be 12 months after the purchase contract and the seller rejected it, the person who has equipped complaint, is mandatory proof of a complaint to indicate who the buyer may send the product to the professional judgment. If the buyer sends the goods to the expertise of the designated person for which proof of settlement of the claim, the cost of expert reports on goods, as well as all other related expenses reasonably incurred shall be borne by the seller regardless of the outcome expert judgment. If the buyer expert assessment shows the seller's liability for the claimed defect goods can claim applied again; during the execution of expert reports on goods, the warranty period shall be suspended. The seller is obliged to reimburse the buyer within 14 days from the date of lodging the complaint again all the costs of expert reports on goods, as well as all related costs reasonably incurred. Re-filed complaint can not be dismissed.
16. The buyer is allowed to exercise the right of liability for defects of which the seller at the time of concluding the contract notice or which, having regard to the circumstances under which the purchase contract is concluded, must have known.
17. Seller reserves the right to replace the defective product with another impeccable product with the same or better technical parameters if the buyer does not cause serious problems.
18. The seller is not liable for defects in the goods:
A). in the case of manifest error by the purchaser to check the inspection of consignments on delivery and not notified the seller representative in accordance with section 5.8 these complaints and business conditions,
B). If the buyer has exercised its right concerning the liability of the seller for defective goods by the end of the warranty period of the goods,
C). if the defect goods mechanical damage to the goods caused by the buyer,
D) If the product defect caused by the use of goods under conditions that do not match their intensity, humidity, chemical and mechanical effects of environmentally friendly goods
E) If the product defect resulting from improper handling, operation, or failure to care for goods,
F.) If the defect arose goods damaged goods to excessive load, or use contrary to the conditions specified in the documentation or the general principles to use goods,
G). If the defect goods originated unavoidable damage to the goods and / or unforeseeable events
H). If the defect arose goods damaged goods accidental destruction and accidental deterioration,
I) if the defect goods resulting from improper handling, water damage, fire, static and atmospheric electricity or other force majeure,
J). If the defect goods originated interference with the goods to unauthorized persons.
19. The seller is obliged to settle the complaint and terminated the complaint procedure in the following ways:
A). handing over the repaired goods;
B). exchange of goods,
C). refund the purchase price,
D). payment of an appropriate discount from the price of goods,
E). written notice to the acceptance by the seller of a particular transaction.
F). Reason for refusal to claim the goods.
20. The seller is obliged to how to identify the complaint and a complaint to the buyer in a written document within 30 days of lodging the complaint in person, through a mail, courier or delivery service.
21. The outcome of the complaint will notify the buyer the seller immediately after the complaint procedure by phone or e-mail, while he will be with the goods resp. by e-mail service of the settlement of the claim.
22. The warranty period is 24 months from the date of receipt of the goods. This applies unless determined for specific cases other warranty period.
23. The warranty period shall be extended by a period during which the buyer can use the goods due warranty repair of the goods.
24. In the case of exchange of goods for new buyer receives the document, which will contain information on the exchange of goods, and any other complaints shall apply to a purchase contract and proof of this complaint. In the case of exchange of goods for new warranty period shall begin to run again from the receipt of new products, but only to new goods.
25. As regards the removable defect, the claim will be equipped according to the decision of the buyer as follows: A). the seller guarantees to remedy the defect or B). sellers of defective goods exchanged.
26. As regards the removable defect and the buyer determines without delay in accordance with Article 8 point 15 of these complaints and conditions of how the complaint is to be fitted, the seller will equip claim defect removal.
27. If it is a defect that can not be removed or for one, has several times repeated removable defect, or a larger number of different removable defects, which prevent the goods to be properly used without such defects, the seller respond according to the decision buyer claim as follows:
A). exchange goods for other functional goods of the same or better technical parameters, or B). if the seller can not perform the exchange of goods for other, settle the claim refund of the purchase price for the goods.
28. If it is a defect that can not be removed, or one several times repeated removable defect, or a larger number of different removable defects, which prevent the goods to be properly used without such defects and the buyer immediately determines under Article 8 point 15 of these complaints and conditions of how the complaint is to be fitted, the seller claim equips exchange goods for other functional goods of the same or better technical parameters.
29. Complaint applies only to defects in the statement of submission of a complaint and confirming the submission of a complaint of goods by Article 8 paragraph 14 of those complaints and the terms and conditions.
30. For the purposes of the claims, the more times repeated removable defect considered to be the occurrence of one of the removable defects of more than two times.
31. For the purpose of the claim is for a greater number of different removable defects occurrence is considered more than three different removable defects simultaneously.
32. The authorization of the buyer to the claim defects in the goods is after exercised his right and asked the seller to remove defects in the goods by Article 8 paragraph 1 of these complaints and conditions of sale and consumed regardless of the outcome of the claim has not re-authorized for that some unique defect (defect not of the same type) to apply a claim repeatedly.
33. The provisions of Art. 8 of these complaints and business conditions expressly do not apply to entities that do not meet the definition of consumer given in the provisions. § 2. a) of the Act.
IX. Personal data and their protection
1. The buyer may at any time review and change the personal data provided, as well as to cancel their registration by logging into the website of e-commerce at http://www.3dhodiny.sk.
2. The Seller hereby informs the buyer that under provision. § 10 para. 3 point. b) of Act no. 122/2013 on protection of personal data and amending certain laws, as amended (the "Znoot"), the seller, as the operator is in the process of concluding the purchase contract the buyer to process personal data without the consent of the person concerned as since the processing of personal buyer data will be carried out by the seller in the pre-contractual relationship with the buyer and the buyer's processing of personal data is necessary for the performance of the purchase agreement, which acts as a buyer one of the parties.
3. The buyer can select the checkbox before sending orders to consent under provision. § 11 paragraph. 1 of the Act, that the seller and keep the processed personal data, in particular those mentioned above and / or are necessary for the seller regarding the transmission of information about new products, discounts and promotions to the goods and process them in all of their information systems concerning the transmission of information about new products, discounts and promotions to the goods.
4. The seller commits to the buyer's personal data handled and treated in accordance with the applicable laws of the Slovak Republic.
5. The seller declares that, in accordance with sec. § 6 ods. 2 font. c) Znoot personal information is obtained solely for the purpose stated in these business conditions and complaints.
6. The seller declares that, in accordance with sec. § 6 ods. 2 font. e) Znoot will collect personal data for purposes other than those referred to these business and complaint conditions separately and ensure that personal data are processed and used only in a manner that corresponds to the purpose for which it was collected and that they will not gather personal information obtained for other purposes.
7. The buyer gives the seller consent in accordance with paragraph 9.5 of these complaints and conditions of fixed-term contracts to fulfill the purpose of processing the personal data of the buyer. The seller after the fulfillment of the purpose of processing shall immediately ensure destruction of personal data of the buyer. Consent to the processing of personal data by the buyer can withdraw at any time in writing. The consent shall expire within one month from receipt of the appeal consent of the buyer to the seller.
8. The buyer will before sending the order asked to check the box before sending an order confirming that the seller it with sufficient, clear and unmistakable way, said:
A). its identification data contained in the Art. 1. these business conditions and complaints;
B). identifying information to third parties, which is the company that will deliver the ordered goods to the buyer so that these data are listed in the acceptance;
C). the purpose of personal data, which is this contract between the seller and buyer; d). that will process the personal data of the buyer in the range name, permanent address, including zip code, telephone number and email address if the purchaser is a natural person and to the extent the business name, address, including zip code, identification number, telephone number and email address if buyer legal entity;
D). that the required personal information, the buyer is obliged to provide.
9. The Seller declares that it will process personal data in compliance with good morals and will act in a manner that does not Znoot or other generally binding legal regulations or their not circumvented. Seller declares that the data subject's consent will not enforce nor conditional with a threat of rejecting the contractual relation, service, goods or duty of the seller.
10. Buyer has the right, upon written request require the vendor to
A). confirm whether or not personal data concerning him are processed,
B). the purpose of personal data
C). a generally intelligible form about processing of their personal data in the information system and its status within the range:
C1). identification of the seller and the seller representative, if appointed;
C 2). identification data of the intermediary; This does not apply if the seller in obtaining personal data not proceed under § 8 Znoot;
D). a generally intelligible form accurate information about the source from which it got its personal data processing,
E). a generally intelligible form depreciation of personal data which are subject to processing,
F). Additional information which is taking into account all the circumstances and conditions of the processing of personal data necessary for the buyer to guarantee the rights and legitimate interests to the extent in particular:
F1). instruction on voluntary basis or to provide the requested personal data; if the seller obtains the personal data of the buyer with the consent of the buyer according to § 11 Znoot notify its also time for the consent, and if the buyer's obligation to provide personal data results from directly enforceable legally binding act of the European Union, an international treaty binding the Slovak Republic, or the law , the seller shall notify the purchaser of the legal basis that it imposes this duty and shall notify it of the consequences of refusal to provide personal data;
F2). information on third parties, if it is expected or clear that their personal data will be provided.
F3). range of beneficiaries, it is expected or it is clear that their personal data will be made available;
F4). form of disclosure if personal data are to be disclosed,
F5). third countries, it is expected or it is obvious that in these countries to carry out the transfer of personal data;
G). repair of incorrect, incomplete or outdated personal data which are subject to processing,
H). destruction of his personal data, if the fulfillment of the purpose of their processing; if the subject of official documents containing personal data may request a refund,
I). destruction of the personal data subject to processing in case of a breach Znoot or other applicable laws, SR.
11. Buyers under free written request from the seller has the right to oppose: the processing of their personal data, which implies that they are or will be processed for direct marketing purposes without his consent and request their disposal,
A). use of personal data contained in § 10 para. 3 point. d) for the purposes of direct marketing in the postal system, or
B). communication of personal data referred to in § 10 para. 3 point. d) for direct marketing purposes.
12. Buyers under free written request from the seller has the right to object to the processing of personal data in cases pursuant to § 10 para. 3 point. a), e), f) or g) Znoot saying legitimate reasons or by submitting evidence of infringement of his rights and legitimate interests that are or may be a specific case such processing of personal data is damaged; Unless prevented by legal reasons and it is established that the opposition is entitled to the buyer, the seller is obliged to personal data processing which the buyer claimed, without undue delay, block and destroyed as soon as circumstances permit.
13. Buyer upon written request in person or, if the matter is urgent, it also has the right to object at any time with the seller and the seller refuse to submit to the decision that would have legal consequences for him or significant impact if a decision is made solely on the basis of automatic processing his personal data. The buyer has the right to ask the seller for a review of a decision issued by a method other than the automatic processing, whereas the seller is obliged to meet the buyer's request, so that the decisive role in reviewing a decision will have an authorized person; on how to investigation and results of the seller informs the buyer within the time limit under Article 9 paragraph. 18. hereof. The buyer does not have this right only if so provided by a separate law.
14. If the buyer exercises his right in writing and the content of the application that exercises its right, the application is deemed to be filed under this Act; an application submitted by e-mail or fax a buyer prepared measures to ensure that the legitimate interests of the buyer, or if within the pre-contractual relations or during the existence of the contractual relationship the seller issued a decision which meets the requirements of the buyer, or if the seller under the contract take any other adequate measures to ensure that the legitimate interests of the buyer shall be forwarded in writing within three days from the date of dispatch.
15. Buyer suspects that his personal data are processed without authorization may file a notice office has privacy. If the buyer does not have legal capacity in full, their rights may be exercised by his legal representative.
16. The seller is obliged to comply with a request in writing to the purchaser under this Article. these business conditions and complaints, respectively. meet the requirements of the buyer by Znoot and writing it at the latest within 30 days of receipt of the application or request.
17. Limitation of rights of the purchaser according to § 28 paragraph. 2 Znoot, the seller shall immediately notify the person concerned and the office has privacy.
18. The Seller hereby announces the buyer, in accordance with sec. § 15. 1 point. e) Sections 3 and 4 Znoot, when processing personal data of the buyer, it is assumed that the buyer's personal information will be provided and disclosed to third parties, not individual products manufacturing companies and transport companies.
X. Withdrawal from the contract
1. If the seller is unable to meet its obligations under the purchase contract for sellout, unavailability of goods or the manufacturer, importer or supplier of the goods agreed in the contract to interrupt production or carry out such significant changes that prevented the implementation of all obligations the seller arising from the purchase contract or for reasons of force majeure or if it after making every effort that could be of him a fair request is unable to deliver the goods to the customer within the period stipulated these terms and conditions or in the price, which is specified in the order, the seller is obliged to this effect immediately inform the buyer, while the buyer is obliged to offer the substitute performance or the ability for the buyer to cancel the purchase agreement (cancel the order). If the buyer withdraws from the contract for reasons specified in this section of these complaints and conditions of sale, the seller must give the buyer has already paid a deposit for the goods as agreed in the purchase contract within 14 days of the notification of withdrawal by transfer to an account designated by the buyer .
2. The buyer is entitled to withdraw from the contract without giving any reason in accordance with sec. § 7 et seq. Act within 14 days of receipt of goods, respectively. from the date of conclusion of the service contract or contract for the provision of electronic content which is not supplied on a tangible medium if the seller timely and properly fulfill disclosure obligations under sec. § 3rd
3. The buyer has the right within that period after receipt of the goods to expand and tested in a similar way as usual when buying a classic "brick and mortar" store, and to the extent necessary to establish the nature, characteristics and functioning of the goods.
4. The withdrawal period shall begin on the day when the purchaser or a third person other than the carrier takes over all of the goods ordered, or if
A). goods ordered by the buyer in one order and supplied separately, after receiving the goods that were delivered as the last;
B). supplies of goods consisting of multiple lots or pieces, from the receipt of the last lot or piece;
C). under the contract supplies are repeatedly during the specified period from the date of receipt of the goods delivered first.
5. The buyer may withdraw from the contract, the subject of which is the purchase of goods, even before the commencement of the period of withdrawal.
6. Withdrawal from the contract the buyer must provide a written way, any doubt on withdrawal from the contract or in the form of minutes on another durable medium or by means of a form which is published on the website www.spotrebitelskecentrum.sk/odstupenie
7. Withdrawal from the contract by passing the point of these business conditions and complaints must contain the information required in the form of withdrawal from the contract, in particular the identification of the purchaser, order number and date, the exact specification of the goods, the manner in which the seller has to reimburse the consideration received, in particular, account number and / or mailing address of the buyer.
8. If the buyer withdraws from the contract, it shall be deleted from the beginning and any ancillary contract associated with the contract, from which the buyer has resigned. The buyer can not claim any costs or other charges in connection with the termination of the supplementary agreements except reimbursements and payments referred to in the provisions. § 9 ods. 3, ust. § 10 para. 3 and 5 and the price of the service, if the subject of the contract and the service has been fully performed services.
9. The buyer shall forthwith, but not later than within 14 days from the date of termination of the contract of sale send back the goods to the address of the operator or hand them over to the seller or a person authorized by the seller for delivery. This does not apply if the seller has proposed to collect the goods personally or through its authorized persons. The period mentioned in the first sentence of this point these business conditions and complaints to be considered definitive when the goods were handed over for carriage by the last day of the period.
10. The buyer is the seller must deliver the goods complete, including complete documentation, undamaged, preferably in its original packaging and unused.
11. The seller is obliged without undue delay, within 14 days of receipt of the notice of withdrawal to the purchaser to return all payments received from him on the basis of the purchase contract or in connection therewith, including the cost of shipping, delivery and postage and other costs and charges. The seller is not obliged to return the payment to the purchaser under this point these business conditions and complaints before it has received the goods or until the buyer proves sending the goods back to the seller, unless the seller suggests to collect the goods personally or through its authorized persons. COD Shipments seller accepts.
12. The Buyer shall bear the cost of returning the goods to the seller or a person designated by the seller for delivery. This does not apply if the seller has agreed to bear their own will or fails to fulfill an obligation under § 3 Subs. 1 point. i).
13. The Buyer shall be liable only for diminished value, which was created as a result of such treatment of goods that are beyond treatment necessary to ascertain the characteristics and functioning of the goods. Shall not be liable for diminished value of things, if the vendor did not meet information requirements of the consumer's right to cancel the contract under § 3 Subs. 1 point. h).
14. The seller is obliged to refund the buyer the purchase price for the goods in the same manner used by the buyers in their payment until the buyer to agree to another mode of repayments without the buyer in this regard were charged additional fees.
15. If the buyer withdraws from the contract and the seller delivers the goods, which is used, damaged or incomplete, it undertakes to pay the seller and buyer). the amount by which to reduce the value of the goods within the meaning of the provision. § 457 of the Civil Code in the actual amount, B). costs incurred by the seller in connection with the repair and goods to their original state calculated according to the price list for after-sales service of goods.
16. The buyer is liable under this section for complaints and conditions of the seller to pay the seller compensation not exceeding the amount of the difference between the purchase price and value of goods at the time of withdrawal from the contract.
17. Pursuant to the provisions. § 7 ods. 6 buyer can not cancel the contract, its object:
A). sale of goods made to the specific requirements of the consumer, custom orders or goods intended for one particular consumer;
B). sale of goods enclosed in a protective cover that is not suitable for return due to health protection or hygiene reasons and protective packaging has been broken after delivery;
C). sale of audio recordings, video recordings, audio recordings, books and computer software sold in a protective case if the consumer packaging unwrapped,
D).providing electronic content other than on a tangible medium if the performance has begun with the express consent of the consumer and the consumer said that he was well informed about the expression of consent loses his right of withdrawal;
E). sale of goods, which was at the time after the conclusion of the contract and receipt of goods from the seller to the buyer assembled, folded and used in such a way that its restoration to its original state by the seller is not possible without increased commitment and increased costs, for example. composed or assembled furniture and so on.
18th Provision L.10 these trade complaints and conditions expressly do not apply to entities that do not meet the definition of consumer given in the provisions. § 52 letter. a) OZ.
XI. Alternative dispute resolution for consumer disputes
first Alternative dispute resolution can only be used buyers - consumers and therefore a natural person who, in concluding and performing the contract does not act within the scope of his business, employment or occupation.
2nd Alternative dispute resolution concerning disputes between consumers and sellers or vice versa, resulting from a consumer contract or relating to consumer contracts concluded at a distance.
3rd Buyer - "consumer" has the right to initiate an ADR under the Act 391/2015 Coll organ alternative dispute resolution (hereinafter, abbreviated as "body ARS") whose value exceeds the amount of 20 euros, or equal to, if provided that:
a). is not satisfied with the way the seller respond to its complaint or,
b). or she believes that the seller violated his rights.
c).or the seller responds to the request rejection,
d). or she does not respond within 30 days of its dispatch.
4th The competent authorities of consumer ADR, the seller of the Slovak Trade Inspection (www.soi.sk) or Consumer Centre - a non-profit organization (http://www.spotrebitelskecentrum.sk) or other authorized legal entity registered in the list of ADR entities maintained by the Ministry economy of the Slovak Republic.
5th The consumer has the right to choose to which of an alternative dispute resolution for consumer disputes to turn.
6th The consumer may, upon submission of a proposal for an alternative solution of their dispute to use platform for settlement of disputes online, available to http://www.spotrebitelskecentrum.sk
7th Fees for proposal Customers will find on the website of an alternative dispute resolution.
XII. The right to compensation for shipment to assume
first Seller shall be entitled to compensation (under sec. § 420 et seq. Of the Civil Code), in the event that the buyer ordered goods nestornoval respectively. not from the Treaty, while the carrier would not assume it or call the seller after the election if the personal collection of the goods has not taken the prescribed time limit for collection.
second In determining the amount of damages, the seller considerations of transport costs and associated fees when sending the goods, the cost of packing, dispatch and administration of orders as well as all other costs incurred with the implementation of the present order, and also has the right to charge and lost profit.
3rd The seller also has the right not to exercise the right to damages or to exercise that right only in part.
XIII. Final Provisions
1st If the purchase agreement is concluded in writing, any alteration thereof must be in writing.
2nd The Parties agree that communications between them will be carried out in the form of e-mail messages in exceptional cases, by telephone.
3rd Disputes with consumers arise from the sale, withdrawal or complaints addressed dealer under the law on alternative dispute resolution and through the Consumer Centre - a non-profit organization.
4th The relations not governed by these business conditions and complaint in the case where the buyer is a consumer covered by the relevant provisions of the Civil Code, Law no. 250/2007 Coll Consumer Protection Act no. 22/2004 Coll electronic commerce and amending Law no. 128/2002 on State Control of Internal Market in Consumer Protection Issues and on amendments to certain laws as amended by Act no. 284/2002 Coll, as amended, and Act no. 102/2014 on protection of consumers in respect of distance contracts. If the buyer is a legal or natural person entrepreneur untreated rights and obligations of the contractual relationship shall be governed Accessories. the provisions of the Commercial Code.
5th These terms and conditions and complaints come into force on 22.07.2016 and the effect on the buyer purchase is concluded.
6th Buyers will be invited before sending the order, check the box to confirm that with these Terms and conditions Complaints familiar, read them, understand their content and fully agrees with them.