1. General Provisions
These terms and conditions govern the complaint rights and obligations of the parties under the sales contract concluded between a seller DENED s.r.o., located Harangovská 403/8; 09414 Sečovská Polianka, Slovak Republic, ID: 51972948, registered in the Commercial Register of the District Court Prešov, Section Sro, File no. 37256 / P (hereinafter referred to as "Seller") and the buyer, which concerns the purchase and sale of goods on the website e-commerce vendor.
Contact the seller: DENED s.r.o., located Harangovská 403/8, 09414 Sečovská Polianka, Slovak Republic. Registered in the Commercial Register of the District Court Prešov, Section Sro, Insert No: 37256 / P.ID: 51972948, VAT 2120872710 the company is not a VAT payer.
Head of operation:
DENED s.r.o., Stankovce 72, Stankovce, 07661, Slovak Republic.
Responsible manager: Jozef Ušala
Tel. : +421 949 58 68 58; Email: office(zv)vantu.sk
The supervisory authority:
The Slovak Trade Inspection (SOI)
Inspectorate SOI for Prešov Region
Obráncov mieru 6, 080 01 Prešov 1, Slovak Republic
Department of supervision
tel. No .: 051/772 15 97; Fax No .: 051/772 15 96
1.1. These terms and conditions of complaint 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 deviate from these trade complaints and conditions, the provisions of the purchase contract preference to these Terms and conditions Complaints. So agreed terms may conflict with other acts (the deadline for returning the goods warranty period, etc.). All contractual relations are concluded in accordance with the law of the Slovak Republic.
1.2. Additional contract for the purposes of these business conditions and complaints means a contract under which the buyer acquires goods or is made available to a service that is related to the subject of the purchase agreement if the goods are delivered or the service provided by the seller or a third party on the basis of their agreement.
1.3 Displayed purchase price for the goods on any website e-commerce, operated by the vendor includes value-added tax at the rate specified the applicable 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 a particular product indicated otherwise.
1.4. Seller reserves the right to adjust the price of the goods listed on any website e-commerce, operated by the seller. Change in the price of goods does not apply to sales contracts concluded before the price change, no matter that still prevent the delivery of goods.
1.5. If the seller fails to comply with its obligations under the applicable legislation of the Slovak Republic or the European Communities or these trading conditions and complaints, the buyer can exercise his right to the seller through competent court.
2. The process of concluding a purchase contract
2.1. The proposal for this contract sends the buyer to the seller in the form of sending form on the website of the seller, who sent a proposal to conclude a purchase contract, the subject of which is the disposal of title to the goods designated by the buyer for the purchase price and under the conditions specified in this order ( the "order").
2.2 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 "Receipt Confirmation Order"). The email address of the buyer may, if necessary, sent all further information regarding the order.
2.3 Confirmation of receipt contains information that Seller has received an order, but it is not accepting the proposal to conclude a purchase contract.
2.4 The seller then sends the e-mail address of the buyer information on whether the order was accepted by the buyer (the "order received"). Acceptance of the order includes the name and specification of goods whose sale is subject to the purchase agreement, further details of the price of goods and / or other services, an indication of the expected delivery date of goods, the name and address of the place where the goods are to be delivered, and information about possible price, conditions, method and deadline goods to the named place of delivery of the goods to the buyer, information about the seller (company name, registered office, identification number, registration number in the commercial register, etc.) or other necessary information.
2.5. The purchase contract is concluded by delivery acceptance of the order electronically or in writing to the purchaser.
2.6 Seller clear, unambiguous, clear and unmistakable manner informed before placing an order buyer on pre-contractual information regarding the complaints, credit, trade, transportation and other conditions so that:
a) the main characteristics of the goods or the nature of services to the extent appropriate to the means of communication and product or service, inform the relevant product page, e-commerce vendor.
b) the business name and registered office of the seller informs the corresponding sub-page and e-commerce vendor Art. 1 of these business conditions and complaints that are placed on the respective sub-page e-commerce vendor.
c) the telephone number of the seller and other data that are important to contact the buyer with the seller, especially his electronic mail address and telephone contact number if they have informed the relevant sub-page and e-commerce vendor Art. 1 of these business conditions and complaints that are placed on the respective sub-page e-commerce vendor.
d) the address of the seller, where the buyer to claim the goods or services to make a complaint or any other initiative reported in Art. 1 of these business conditions and complaints that are placed on the respective sub-page e-commerce vendor.
e) the total price of the 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 determine in advance how they have been calculated, as well as the transport, delivery, postage and other costs and charges or, if such costs and fees can not be determined in advance by the fact that the purchaser shall be liable to inform the relevant product page, e-commerce vendor.
f) the payment terms, delivery terms, the period in which the seller undertakes to deliver the goods or provide the service for information on the procedures for application and processing complaints, complaints and suggestions purchaser has informed the relevant articles of these business and complaint conditions which are placed on respective sub-page e-commerce vendor.
g) information on the right of the buyer to cancel the purchase contract, the conditions, period and procedure for exercising the right of withdrawal in Article informed. 10 of these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor.
h) to provide the form to withdraw from the contract in Article informed. 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 in the annex of these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor
i) the information that if the buyer withdraws from the contract, will bear the cost of returning the goods to the seller in accordance with § 10 para. 3 of Law no. 102/2014 on protection of consumers when selling goods or services on the basis of the distance contract or contracts concluded away from business premises seller and amending certain laws (hereinafter the "Law on consumer protection in distance selling"), and withdraws from the purchase contract and the cost of returning goods which by their nature can not be returned by post to inform in Art. 10 of these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor.
j) the obligation 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 buyer withdraws from service after the seller has granted explicit consent pursuant to § 4 ods. 6 of the Law on consumer protection in distance selling in Article informed. 10 of these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor.
k) the circumstances in which the buyer loses his right of withdrawal in Article informed. 10 of these trade complaints and conditions that are placed on the respective sub-page e-commerce vendor.
l) on the instruction of the seller's liability for defects in the goods or services under sec. § 622 and 623 of the Civil Code in Article he informed. 8 of these business conditions and complaints that are placed on the respective sub-page e-commerce vendor.
m) the existence and details of the guarantee 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 information on the existence and terms of assistance and services provided to the buyer after the sale of goods or services, if such assistance is provided to inform 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 acquainted with them or get their text informing the relevant product page, e-commerce vendor.
o) the duration of the contract in case of a contract concluded for a fixed period; in the case of a contract concluded for an indefinite period or where the contract that automatically extends its validity, the information on the conditions for terminating the contract inform the relevant product page, e-commerce vendor and these business and complaint conditions are placed on the respective sub-page electronic commerce vendor.
p) the minimum duration of the liabilities of the buyer arising from the purchase contract, if the contract of sale is clear for the buyer such an obligation 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.
q) 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 contract of sale is clear for the buyer such an obligation to inform the relevant product page, e-commerce vendor, and such commercial and complaints conditions that they are placed on the respective sub-page e-commerce vendor.
r) the functionality, including applicable technical protection measures to secure electronic content, where appropriate, 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.
a) the compatibility of electronic content with hardware and software that the seller knows or it is reasonable to expect of them knows where appropriate inform the relevant product page, e-commerce vendor and these business and complaint conditions are placed on the respective subpage e-commerce vendor.
t) about the possibilities and conditions for resolving the dispute out of court through alternative dispute resolution, if the seller is committed to use the system 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.
u) the procedures necessary for the conclusion of the purchase agreement so that the necessary actions described in these business conditions and complaints that are placed on the respective sub-page e-commerce vendor.
v) 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 these business and complaint conditions are placed on the respective sub-page electronic commerce vendor.
w) that the language offered for the conclusion of the Slovak language 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.
2.7. If the seller has not complied with reporting obligations on payment of additional fees, or other charges in accordance with paragraph 2.6 point. e) these business conditions and complaints or on the costs of returning the goods in accordance with paragraph 2.6 point. i) these business conditions and complaints, the buyer is not obliged these additional costs or fees paid.
3. The rights and obligations of the seller
3.1. The seller is obliged to:
a) deliver under the order confirmed acceptance of goods to the buyer at the agreed quantity, quality and deadline and wrap him or arrange for the transport of that necessary to preserve and protect,
b) 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 confirmation of the purchase contract on a durable medium, for example via e-mail. Confirmation must contain all the information listed in paragraph 2.6. including withdrawal form from the contract.
d) deliver 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 laws of the Slovak Republic (in Slovak language instructions, warranty certificate, delivery note, invoice).
3.2 The seller has the right to proper and timely payment of the purchase price from the buyer for the goods.
3.3 If by reason of sellout or unavailability of goods is unable to seller delivers the goods to the buyer within the period agreed in the contract or determined by these Terms and Complaints conditions or for an agreed purchase price, the seller must give the buyer substitute performance or opportunity for the buyer to cancel the purchase agreement ( cancel the order). Withdraw from the contract or cancel the order, the buyer can email delivery. If the buyer has paid the purchase price or part of it, returns a seller has the paid purchase price or part of it within 14 days of receipt e-mail of withdrawal from the purchase contract respectively. Canceling an order the buyer to the designated account, unless the parties agree otherwise.
4. The rights and obligations of the buyer
4.1. The buyer was the seller aware of the fact that the order implies an obligation to pay the price.
4.2 The buyer is obliged:
a) take the ordered and delivered goods.
b) pay the seller the agreed purchase price within the agreed due date, including the costs of delivery of goods,
c) confirm the delivery note receipt of goods by the signature or the signature of an authorized person.
4.3 The buyer has the right to supply the quantity, quality, time and place agreed by the Parties.
5. Shipping and Charges
5.1 Usual availability of goods with the date of dispatch under each product on the website of e-commerce.
5.2 If the seller and the buyer in the purchase agreement have agreed otherwise, the seller must deliver the thing to the purchaser without delay, within 30 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 shall invite him to deliver the thing in it provided an additional reasonable period of time. If the seller does not deliver the item within this additional reasonable period, the buyer is entitled to withdraw from the contract.
5.3 The seller is entitled to ask the buyer to take over the goods before the deadline for delivery of the goods agreed in the contract.
5.4 The color display of the goods on the monitor may not exactly match the true color shades that the buyer will actually see. The display of color shades is dependent, among other things, on the quality of the monitor monitor, of another display device used.
5.5 The buyer is obliged to accept the goods in a place that is the seller or his representative, authorized to deliver the goods and the buyer agreed in the purchase contract or otherwise in time before shipping goods (the "Site"). The buyer is obliged to accept the goods in a time scale that the seller or his representative, authorized to deliver the goods and the buyer agreed in the purchase contract or otherwise in time before shipping goods (the "Time Range").
5.6 If the seller transports the goods to the buyer at the place and time range, the buyer must take delivery in person or to ensure that the goods are taken over by the person authorizing the event of his absence from the receipt of goods and to sign the Protocol on payment of the purchase price and shipping and delivery of goods. Third person empowered to take over the goods the seller is obliged to submit a copy of the acceptance of the order. Goods are deemed delivered and taken over the moment of delivery of the goods to the buyer. Delivery of goods to the buyer means the delivery of goods to the place of its receipt by the buyer or a third person authorized by the buyer and the signing of the payment of the purchase price and receipt and delivery of goods by the buyer or a third person authorized by the buyer.
5.7 If it is necessary to deliver the goods to repeat due to the absence of the buyer at the place and time range or if the buyer without the prior written withdrawal from the contract does not accept the goods within 18 days after the lapse of a time range, the Seller is entitled to claim compensation for the damage suffered in the amount of actual the cost of the unsuccessful attempt to deliver the goods on the spot.
5.8 The purchase contract is concluded with a condition subsequent to that, if the buyer fails to pay the seller the agreed purchase price within the meaning of Section 4.2 hereof within 15 days from the call seller to the receipt of goods, the contract from the beginning canceled, the parties to return or replace all received performance and the seller acquires the right to freely dispose of the goods ordered.
5.9 The buyer is entitled to inspect the shipment, ie goods and their packaging immediately after delivery in the presence of a representative of the seller. In the event of the existence of defects in the goods and / or in case the consignment is complete (fewer items, respectively. Missing goods ordered) is representative of the seller shall allow the buyer to make a record of the extent and nature of defects in the goods, which confirms the correctness of the representative of the seller. Based on this record drawn delivered to the seller can then buyers refuse to accept the goods delivered with a defect or confirm delivery of goods with a defect, then within the meaning of Art. 8 of these business conditions and complaints to claim the defects of the goods from the seller or the designated person. If the buyer refuses to accept the goods delivered to an error
5.10. The buyer is entitled to in the event of non-delivery by the seller within the period specified in 5.2. hereof withdraw from the contract and the seller must give 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 designated by the buyer buyer.
5.11 A complete list of the delivery as well as prices for different modes of delivery and payment terms for the goods is granted on the following Links: Shipping and Payment.
6. The purchase price
6.1. The purchase price for the goods agreed in the contract between the seller and the buyer is given the acceptance of the order (the "purchase price"). 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 e-commerce at the time of sending the order by the buyer, the seller delivers to the buyer an electronic message indicating the addition of the new purchase price in another level which is considered proposal seller at closing new sales contract that the buyer must explicitly confirm by e-mail or in writing, that there was a valid purchase contract.
6.2 The buyer must pay the purchase price including the cost of delivering the goods in cash, respectively. credit card with personal receipt of goods, cash on delivery at the point of delivery or bank transfer to the seller's account indicated in the order acceptance or the seller's website at the time before delivery.
6.3 If the buyer pays the purchase price by wire transfer payment date it is the date when the full purchase price credited to the seller.
6.4 The buyer must pay the seller the agreed purchase price for the goods within the period under the purchase agreement, but not later than on receipt of goods.
6.5 If the buyer fails to pay the seller the entire purchase price until the moment of delivery to the place 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.
6.6 Costs associated with installing and vynáškou goods are not included in the purchase price and selling these services is not obliged to provide the purchaser.
6.7 Pursuant to the Waste Electrical Waste Recycling Act, the seller displays this applicable recycling fee separately for each EEE and is listed as a separate item on the buyer's invoice.
7. The acquisition and transfer of risk of damage to goods
7.1. By taking the goods at the agreed place, ownership of the goods goes to the buyer. Buyer who does not meet the consumer definition set forth in § 2 písm. (a) of the Act, it acquires ownership of the goods until the full purchase price for the goods has been paid in full.
7.2 Risk of damage to the goods passes to the buyer at the time when the purchaser or a third party acting as the buyer takes the goods from the seller or his representative, authorized to deliver 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.
8. Complaints Procedure (liability for defects, warranty claims)
8.1. If the defect of the goods, which can be removed, the buyer has the right to be free, timely and properly removed. The seller is obliged defect without any delay removed.
8.2 The buyer may instead of removing defects require replacement of the goods, or if the defect relates only to goods, exchange components, provided by the seller not incur unreasonable costs relative to the price of goods or the severity of the defect.
8.3. The seller may always instead of removing defects replace defective goods for perfect, if the buyer does not cause serious problems.
8.4. If the defect goods can not be removed and which prevents the product could properly be used as a thing without defects, the buyer has the right to exchange goods or has a right to withdraw from the contract. The same rights belong to the buyer, although the case of removable defects, however, if the buyer can not for the repeated occurrence of the defect after repair or due to a greater number of defects goods properly used.
8.5. In the case of other irremovable defects, the buyer is entitled to a reasonable discount from the price of goods.
8.6. The seller of the buyer learned of his rights to it under the provision. § 622 of the Civil Code (Section 8.1 to 8.3 of these business conditions and complaints) and the rights to it under the provision. § 623 of the Civil Code (Section 8.4 to 5.8 of these business conditions and complaints) by placing these business conditions and the complaint to the appropriate sub-page e-commerce vendor and the buyer had the opportunity to read them in time before placing an order.
8.7 The seller is responsible for defects in the goods in accordance with applicable regulations of the Slovak Republic and the buyer is obliged to enforce the claim by the seller or by the designated person. Information on designated individuals and service locations for customer service are listed on the back of the warranty card or contact the vendor to the purchaser on request by phone or e-mail.
8.8 On the handling of complaints are covered by a valid Return policy seller, that Art. 8 of these business conditions and complaints. The buyer had proper notice of the complaint procedure and informed of the conditions and how to claim the goods, including data on 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 and on amending Act of the Slovak National Council. 372/1990 Coll. on offenses, 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 vendor and the buyer had the opportunity to have time before sending the order to read them.
8.9 Complaints procedure applies to goods purchased by the buyer from the seller in the form of e-commerce website e-commerce vendor.
8.10. The buyer has the right to claim responsibility for the defects of the goods purchased at the seller for which the manufacturer, the supplier or the seller is responsible during the warranty period.
8.11. If the product has a defect, the buyer is entitled to claim in the establishment of the seller in accordance with sec. § 18. 2 of the Act so that it delivers the goods to the establishment of the seller and the seller delivers a speech buyer will exercise their rights under 8.1. to 8.5. these trade complaints and conditions (the "Notice of application complaints") for example. as a completed form for complaints, which is placed at the appropriate sub-page e-commerce vendor: submit a complaint online.
The buyer is required in the Notice of application complaints to state truthfully all requested information, in particular pinpoint the type and extent of defects in the goods; buyers will also indicate which of their rights under the provision. § 622 and 633 of the Civil Code applies. 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 request of the seller.
8.12. The claim procedure concerning the goods to be delivered to the seller begins on the day are met cumulatively all the following conditions:
a) receiving notification of the submission of a complaint to the seller,
b) deliver the claimed goods from the buyer to the seller or designated person.
c) the service access codes, passwords, and the like. the claimed goods seller, if these data are necessary for the proper settlement of the claim;
8.13. If the subject of the claim goods, which can not be objectively deliver to Seller or which is permanently installed, the buyer is in addition to meeting the conditions contained in paragraphs 8.12 point. a) and c) of these complaints and trade conditions required to provide all necessary assistance to carry out the inspection of the claimed goods seller or a third party designated by the seller. The claim procedure relating to the goods which can not be objectively deliver to Seller or which are firmly embedded commence on the date on which it was carried out inspection of goods in the first sentence. However, if the seller or a third person, despite providing the necessary cooperation from the buyer fails to perform inspections within a reasonable time, but not later than 10 days after receiving notification of the application claims the seller,
8.14. Seller or buyer designated person shall issue a certificate of application complaints goods in an appropriate form chosen by the seller, for example. in the form of email or in writing, which is required to pinpoint defect of goods and once again instruct consumers about their rights, fulfill its obligations under paragraph 8.1. to 8.3. these business conditions and complaints (ust. § 622 of the Civil Code) and the rights to it under paragraph 8.4. to 8.5. 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 application of the complaint delivered to the buyer immediately; if you can not deliver confirmation immediately, it must be delivered without delay, at the latest, along with proof of settlement of the claim;
8.15. The buyer is entitled to decide which of his rights under the provision. § 622 and mouth. § 623 of the Civil Code applies and is obliged to immediately carefully about his decision to deliver 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 way the 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 the vendor or the person designated equip complaint immediately, in appropriate cases a complaint can equip later. Complaint shall not take longer than 30 days from the date of the claim. After the lapse of time on the complaint the consumer is entitled to cancel the contract or the right to exchange the goods for new goods.
8.16. If the buyer claim the goods applied for the first 12 months of the purchase contract, the seller may settle the complaint rejected solely on the basis of statements or expert opinions issued by authorized, notified or accredited person or opinion of the designated person ( "the technical assessment of goods"). Whatever the outcome of expert judgment can not require the seller to the buyer the reimbursement of costs for expert assessment of goods or other costs related to expert assessment of goods.
8.17. If the buyer complaint products will be 12 months from 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 can send goods to expert assessment. If the buyer sends the goods to the expertise of the designated person mentioned in the document on 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 of professional judgment. If the buyer expert assessment shows the seller's liability for the claimed defect goods can claim to apply again; during the conduct of the technical assessment of the product warranty period shall be suspended. The seller is obliged to reimburse the buyer within 14 days from the date a claim over all costs for expert assessment of goods, as well as all related costs reasonably incurred. Re-filed complaint can not be rejected.
8.18. Warranty does not cover defects, which was at the time of contract notice or which have in the light of the circumstances when contracting to know.
8.19. 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.
8.20. Seller is not responsible for defects in the goods:
a) If the buyer did not exercise its right concerning the liability of the seller for defective goods by the end of the warranty period goods
b) if the defect goods mechanical damage to the goods caused by the buyer,
c) if the defect goods originated the use of the goods in terms that do not match their intensity, humidity, chemical and mechanical influences environmentally friendly goods
d) if the defect goods originated improper handling, operation, or failure to care for goods,
e) if the defect goods will be damaged goods to excessive load, or use contrary to the conditions specified in the documentation or the general principles of normal use of goods,
f) if the defect goods will be unavoidable damage to the goods and / or unforeseeable events
g) if the defect goods will be damaged goods accidental destruction and accidental deterioration,
h) if the defect goods resulting from improper handling, water damage, fire, static and atmospheric electricity or other force majeure,
i) if the defect goods originated interference with the goods to unauthorized persons.
If the consignment is incomplete, respectively. in the case of apparent defects, the purchaser may determine control of shipments for delivery of goods and which has notified the representative seller in accordance with paragraph 5.8 of these complaints and business conditions, subsequent complaints of this kind will be accepted only if the buyer proves that the claimed goods had defects in the time of its receipt by the buyer.
8.21. The seller is obliged to settle the complaint and the complaint procedure in the following ways:
a) handing over the repaired goods.
b) the exchange of goods,
c) refund the purchase price,
d) payment of a reasonable discount from the price of goods,
e) a written challenge to the assumption by the seller of a particular transaction.
f) the justification for rejecting the claim of goods.
8.22. The seller is obliged to determine how the complaint and a complaint to the buyer in a written document within 30 days from the date of the claim in person, through a postal or courier or delivery service or electronic form.
The outcome of the complaint the seller to inform the buyer immediately after the complaint procedure by phone or e-mail while he is with the goods, respectively. by e-mail service of the settlement of the claim.
8.23. The warranty period is 24 months from the date of delivery of the goods, unless determined for specific cases other warranty. Sent sports nutrition products, food gift baskets and pet food have a period of minimum durability of more than two months before the expiry date, if shorter expiry dates contact the seller to the buyer by telephone or e-mail and the shipment is sent with the consent of the buyer.
8.24. The warranty period shall be extended by a period during which the buyer can use the goods due to warranty repair of the goods.
8.25. In the case of exchange of goods for a new buyer receives the document, which will contain information about the exchange of goods, and any other complaints shall apply to the purchase agreement and the complaint document. In the case of exchange of goods for a new start to run again warranty period from the receipt of new products, but only to new goods.
8.26. It is regarding removable defect, the complaint provided at the discretion of the buyer in accordance with paragraph 8.15. these complaints and business conditions as follows:
a) The seller shall ensure the removal of defects or
b) the seller of defective goods exchanged.
8.27. Regarding removable defect and the buyer determines without delay in accordance with paragraph 8.15. these complaints and conditions of how the complaint is to be fitted, the seller will equip claim defect removal.
8.28. If it is a defect that can not be removed, or one more times repeated removable defect, or a larger number of different removable defects, which prevent goods to be properly used without such defects, the seller think of at the discretion of the buyer in accordance with paragraph 8.15. these complaints and conditions of the claim as follows:
a) the exchange of goods for other functional goods of the same or better technical parameters, or
b) if the seller can not make the exchange of goods for another, shall settle the claim refund of the purchase price for the goods.
8.29. The complaint applies only to defects in the statement of claim the application and confirmation of submission of a complaint of goods in accordance with paragraph 8.14. these complaints and business conditions.
8.30. For the purposes of claims under several times repeated removable defect occurrence is considered one removable defects more than two times.
8.31. For the purposes of claims under a number of different removable defects occurrence it is considered more than three different removable defects simultaneously.
8.32. The purchaser's entitlement to claim a defect claim is after he has exercised his right and has requested the seller to remove the defect of the goods under item 8.1. of these complaints and trade conditions, and irrespective of the outcome of the claim, any claim of the same unique defect (not a defect of the same kind) will be reapplied.
8.33. The provisions of Art. 8 of these complaints and business conditions expressly do not apply to entities not meeting the definition of consumer given in the provisions. § 2. a) of the Act.
9. Personal data processing and protection
9.1. The Parties agree that the buyer is the purpose of proper equipment and service orders if a natural person obliged to notify the Seller in the order their name, permanent address, including ZIP code, telephone number and e-mail address.
9.2. The Parties agree that the buyer is the purpose of proper equipment and service orders if the legal person obliged to notify the Seller in the order its name, address, including zip code, registration number, VAT number (if assigned), telephone and e-mail address.
9.3 The buyer, which is within an online store registered, it can always review and change the personal data provided, as well as to cancel their registration by logging into the website of the e-commerce section Account / Login.
9.3. Seller hereby notifies the buyer that under Art. 6 ods.1 point. b) Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter "Regulation"), the seller as the operator of the information system is in the process of concluding the purchase agreement to process personal data of the buyer without his consent as the person concerned, since the processing of personal data of the buyer will be performed by the seller within the pre-contractual relations with buyers and processing of personal data of the buyer is necessary the fulfillment of the purchase contract in which the buyer acts as one of the parties.
9.4. In accordance with Art. 6 ods. 1 point. f) regulations, the seller to deliver the ordered goods or. service buyer, based on the legitimate interest of the buyer to process personal data for the purposes of direct marketing, and sent to the email address of the buyer information about new products, discounts and promotions on the goods, respectively. services.
9.5. Seller agrees that the personal data of the buyer handled and treated in accordance with the applicable laws of the Slovak Republic.
9.6. The seller declares that, in accordance with Art. 5 ods.1 point. a) a point. b) regulations, the personal data of the buyer obtained solely for the purpose stated in these Terms and Conditions.
9.7. The seller states that for purposes other than stated in these Terms and Conditions will collect personal data of the buyer always special to adequate legal basis, while ensuring that the personal data will be processed and used solely in a manner that corresponds to the purpose for which it was collected and will not be associate their personal data have been collected for other purposes or for the purpose of fulfillment of the purchase contract.
9.8 Buyers will be before sending the order asked to check the box before sending an order confirming that the seller had sufficient, clear and unmistakable way, he said:
a) its identification data contained in the preamble hereof proving the identity of the seller,
b) the contact information for the seller, respectively. the person in charge of the seller,
c) the purpose of processing personal data which is this contract between the seller and the buyer a legal basis for processing personal data
d) the requested personal data for the purposes of the purchase contract and the proper equipment and service orders, the buyer is obliged to provide,
e) if the processing is based on Art. 6 ods.1 point. f) that the legitimate interests that the seller, is to direct marketing,
f) identification of a third party, which is the company that delivers the buyer ordered goods respectively. identification data of other recipients or categories of recipients of personal data where available,
g) the period of retention of personal data, respectively. the criteria for the determination.
9.9 Seller declares that it will process personal data in compliance with good morals and will act in a manner that is not contrary to regulations or other generally binding legal regulations or their not circumvent.
9.10. Seller in accordance with Regulation provides the buyer whose data is processed, the following information:
a) the identity and contact details of the seller and, where appropriate representative of the seller,
b) contact information of the person in the potential,
c) processing purposes for which personal data are designated as the legal basis of processing,
d) if the processing is based on Art. 6 ods. 1 point. f) the legitimate interests pursued by the vendor or a third party,
e) circuit recipients or categories of recipients of personal data, if any,
f) Where relevant, the information that the seller intends to transfer personal data to a third country or international organization,
g) the period of retention of personal data, respectively. the criteria for the determination.
h) the existence of a right to require the seller to access his personal data and the right to rectification or erasure or restriction of processing or the rights to object to the processing and the right to data portability,
i) the right to complain to the supervisor.
j) information as to whether the provision of personal information by legal or contractual requirement or requirement that is needed to conclude the contract if the buyer is obliged to provide personal data, as well as the possible consequences of failure to provide such data.
a) the existence of automated decision making, including molded;
The buyer has the right to obtain from the seller a copy of the personal data that is processed if it has the right to get all the above information. For any further copies of the buyer asks the seller may charge a fee corresponding to the administrative costs of making a copy.
9.11. If the buyer exercises his right under section 10.9 in writing or electronically and the content of the application that exercises its right in accordance with paragraph 9.10, the application shall be deemed to be filed under this Regulation.
9.12 The buyer has the right to the Seller to object to the processing of personal data which assumes that are or will be processed for direct marketing purposes, including profiling the extent that it relates to such direct marketing. If the buyer can dispute such processing, the seller terminates the processing of personal data for direct marketing purposes from the date of receipt of such objection to the seller and buyer's personal data concerned for such purposes have not and will not be processed.
9.13. The buyer suspects that his personal data are processed without authorization, it may lodge a complaint about the Office for Personal Data Protection. If the buyer does not have legal capacity in full, his rights may be exercised by his legal representative.
9.14. The seller shall take appropriate measures to provide the buyer with all the information referred to in paragraph 10.9 in a concise, transparent, comprehensive and easily accessible form, clearly and simply worded. The seller shall provide the information electronically or in accordance with the Directive by other means, to which the buyer agrees.
9.15. Information on the measures that have been taken at the request of the buyer, the seller will provide the buyer without delay and in any event within one month of receipt.
9.16. Seller hereby announces to the buyer that the due performance of the contract awarded to the processing of personal data of the buyer assumes the buyer's personal information will be provided and disclosed to third parties, respectively. circle of recipients.
10. Withdrawal from the contract
10.1 If the seller is unable to meet its obligations under the purchase agreement due sellout, unavailability of goods or the manufacturer, importer or supplier of the goods agreed in the contract interrupted production or carry out such major changes that prevented the realization of the fulfillment of the seller's obligations under the purchase contract or for reasons of force majeure or if it after making every effort to be from him justly demand is unable to deliver the goods to the customer within the period determined by these terms and conditions or in the price, which is mentioned in the order, the seller is obliged to shall immediately inform the buyer and it is obliged to offer the buyer substitute performance or opportunity for the buyer to cancel the purchase agreement (reverse order). In case,
10.2 The buyer is entitled to withdraw from the contract without giving any reason in accordance with sec. § 7 et seq. Law no. 102/2014 on protection of consumers in respect of distance contracts (hereinafter the "Law on consumer protection in distance selling") 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 is not supplied on a tangible medium if the seller timely and properly fulfill reporting obligations under sec. § 3 of the Law on consumer protection in distance selling.
10.3. The buyer has the right within that period after receipt of the goods to expand and tested the same 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.
10.4 The withdrawal period shall begin on the date when the buyer or a third person other than the carrier takes over all of the goods ordered, or if
a) the goods ordered by the buyer in one order shipped separately from the date of receipt of the goods that came last,
b) supplies of goods consisting of multiple lots or pieces, from the receipt of the final part or piece.
c) under contract goods are delivered repeatedly during a specified period from the date of receipt of the first delivery.
10.5. The buyer may withdraw from the contract, the subject of which is the purchase even before the commencement of the period of withdrawal.
10.6. Withdrawal from the contract the buyer must take writing process any doubt on withdrawal from the contract, or in the form of registration on another durable medium or by using the form annexed to the no.1 The withdrawal of these business conditions and complaints. The period for withdrawal shall be deemed observed if the notice of withdrawal was sent to the seller no later than the last day of the period under sec. § 7 ods. 1 of the Law on consumer protection in distance selling.
10.7. Withdrawal from the contract by passing point these business conditions and complaints must contain the information required in the form of termination of the contract of sale annexed no. 1 of these business conditions and complaints, 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, especially the account number and / or mailing address of the buyer.
10.8. If the buyer withdraws from the contract, it is 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 cancellation of the ancillary contract except reimbursements and payments referred to in the provisions. § 9 ods. 3, ust. § 10 para. 3 and 5 of the Law on consumer protection in distance selling and the price of the service, if the subject of the contract and the service has been fully performed services.
10.9 The buyer shall, without delay, but not later than within 14 days from the date of termination of the purchase agreement to send the goods back to the address of the operator or address operational seller, said at an online store or deliver it to the seller or a person authorized by the seller on receipt of goods. This does not apply if the seller has proposed to collect the goods in person or by a person authorized. The period mentioned in the first sentence of this point these business conditions and complaints deemed observed if the goods are handed over for carriage by the last day of the period.
10.10. The buyer is the seller must deliver the goods complete, including complete documentation, undamaged, preferably in the original packaging and unused.
10.11. It is recommended to insure the goods. Shipments by mail order seller accepts. Seller shall, without delay, within 14 days of delivery of notice of withdrawal to give the buyer any payments from it assumed under the purchase agreement or in connection therewith, including the cost of shipping, delivery and postage and other costs and fees . The seller is not obliged to give the buyer a payment under this point these business conditions and complaints before it has received the goods or until the buyer proves send the goods back to the seller, unless the seller suggests to collect the goods in person or by a person authorized.
10.12 The buyer shall bear the cost of returning goods to the seller or a person authorized by the seller on receipt of goods. This does not apply if the seller has agreed to bear their own will, or if you failed to fulfill an obligation under § 3 Subs. 1 point. i) of the Law on consumer protection in distance selling.
10.13. Buyer is responsible 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 if the seller has not complied with reporting obligations on the consumer's right to cancel the contract under § 3 Subs. 1 point. h) of the Law on consumer protection in distance selling.
10.14. The seller is obliged to give the buyer the purchase price for the goods in the same manner used buyers in their payment as long as the buyer agree to another mode of repayments without the buyer in this regard were charged additional fees.
10.15. If the buyer withdraws from the contract and the seller delivers the goods, which is used, damaged or incomplete commits the buyer to pay the seller:
a) the amount by which the decreased value of the goods within the meaning of the provision. § 457 of the Civil Code in the actual amount
b) the costs incurred by the seller in connection with the repair of the goods and putting it to its original state calculated according to the price list for after-sales service of goods.
The buyer is liable under this section complaints and conditions of the seller to pay compensation not exceeding the amount of the difference between the purchase price and value of the goods at the time of termination of the contract of sale.
10.16. In accordance with sec. § 7 ods. 6 of the Law on consumer protection in distance selling, the buyer can cancel the contract, its object:
sale of goods made to the specific requirements of consumer goods made to measure or goods intended specifically for one consumer,
sale of goods enclosed in a protective case that is not suitable for return due to health protection or hygiene reasons and protective packaging has been broken after delivery.
sale of audio recordings, video recordings, audio recordings, or computer software sold in a protective case if the consumer packaging unwrapped,
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 properly informed that the expression of consent loses his right of withdrawal.
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 or applied 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.
10.17. The provisions of Art. 10 of these trade complaints and conditions expressly do not apply to entities not meeting the definition of consumer given in the provisions. § 2. a) of the Act.
11. Final Provisions
11.1. If the sales contract concluded in writing, any change it has to be in writing.
11.2. The Parties agree that communications between them will be carried out in the form of e-mail messages.
11.3. The relations not governed by these business terms Complaints and the relevant provisions of the Civil Code, Law, Law 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.
11.4. If the consumer is not satisfied with the way the seller recalled his complaint or if it considers that the seller violated his rights, has the opportunity to contact the seller to request corrective action. If the seller to request for redress or a negative answer to it does not respond within 30 days from the date of departure, the consumer has the right to bring an alternative solution of their dispute in accordance with the provisions of § 12 of Act no. 391/2015 Coll. on alternative dispute resolution for consumer disputes and amending certain laws.
Competent bodies for alternative dispute resolution for consumer disputes with sellers Dened Ltd. is the Slovak Trade Inspection Bajkalská 21/A, P.O.Box 29, 827 99 Bratislava 27, www.soi.sk or other relevant authorized legal entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the consumer has the right to choose to which of these entities consumer ADR turns.
11.5. The consumer may, upon a motion of alternative solution of their dispute to use platform for resolving disputes online, available on the website http://ec.europa.eu/consumers/odr/.
11.6. These terms and conditions shall become effective complaint to the buyer the purchase is concluded.
11.7. Buyers will be invited before sending the order, check the box to confirm that with these and Complaints policy processing and privacy familiar, read them, understand their content and fully agrees with them.
Withdrawal - Annex 1
Lessons withdrawal - Annex 2
Principles of processing and protection of personal data GDPR - Annex 3
These terms and conditions are valid from 01.12.2020, which are governed by Slovak law and operator Dened Ltd. reserves the right to change them without notice, always current business conditions publish on its website Terms.