1. General Terms And Conditions
The following commercial and complaint conditions regulate the rights and obligations of the contracting parties, which follow the purchase contract concluded between the seller: CCI Slovakia s.r.o. Sídlo: Záhradnícka 5847/62, Bratislava - mestská časť Ružinov 821 08 IČO: 55 245 561 (hereinafter referred to as the ""seller"") and the buyer. The subject of this contract is the purchase and sale of goods on the seller's e-shop website.
"Contact details of the seller:
Supervisory authority:
2. General provisions
2.1. These commercial and complaint conditions, as amended on the day of concluding the purchase contract, are an integral part of the purchase contract. In the case of concluding a purchase contract in writing, in which the agreed conditions will deviate from these commercial and complaint conditions, the provisions of the purchase contract will take precedence over these commercial and complaint conditions. The newly agreed commercial conditions must not be in conflict with other legal regulations (shortening the return period, warranty period, etc.)
2.2. For the purposes of these terms and conditions, the ancillary contract means a contract in which the buyer acquires goods or services that are related to the subject of the purchase contract if the goods or services are supplied by the seller or a third party under their agreement.
2.3. The purchase price for the goods displayed on any e-shop website, which is operated by the seller, also includes value-added tax in a specified amount in accordance with the applicable legislation of the Slovak Republic. It does not include the price for the transport of goods or other optional services. All trade and other shares are valid until stocks are sold out unless otherwise stated for the goods.
2.4. It is the seller's right to adjust the selling price of the goods, which is listed on the e-shop website, at the seller's premises at any time. Such a change does not apply to purchase contracts concluded before the price change, regardless of the fact that the goods have not yet been delivered.
3. Method of concluding the purchase contract
3.1. The purchase contract is concluded on the basis of a proposal, which the buyer sends to the seller in the form of a completed and sent form via the website of the seller to which he sent a proposal for its conclusion. The subject of the contract is the transfer of ownership of the goods identified by the buyer at the purchase price and under the conditions specified in this order (hereinafter referred to as the "order").
3.2. After sending the order, an automatically generated message about the receipt of the order will be sent to the e-mail address of the seller's electronic system (hereinafter referred to as the "order delivery confirmation"). If necessary, it is possible that all additional information regarding the order can be sent to the buyer's e-mail address.
3.3. The order delivery confirmation contains information that the order has been delivered to the seller, which is also the acceptance of the proposal to conclude the purchase contract.
3.4. Subsequently, information will be sent to the buyer's e-mail address, which contains a notification as to whether the buyer's order has been accepted (hereinafter referred to as "order acceptance"). The content of the acceptance of the order includes the name and specification of the goods whose sale is the subject of the purchase contract, information on the price of goods and/or other services, information on the probable delivery time of the goods, name and information on the place where the goods are to be delivered and information on conditions, method the price and date of transport of the goods to the agreed place of delivery for the buyer, as well as information about the seller such as business name, registered office, ID number and the like. The notification may also contain other necessary information.
3.5. The conclusion of the purchase contract occurs by delivery of the acceptance of the order electronically or in writing.
3.6. Before sending the order, the Seller has informed the Buyer in a clear, unambiguous, comprehensible and irreplaceable manner about the pre-contractual information concerning the complaint, payment, business, transport and other conditions by:
a) the main characteristics of the goods or the nature of the service to the extent appropriate to the means of communication used and the goods or services are provided on the relevant e-shop catalogue page of the seller,
b) informed about the trade name and registered office of the seller on the relevant subpage of the seller's e-shop and in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-shop,
c) on the seller's telephone number and other data that are important for the buyer's contact with the seller, especially his e-mail address and fax number, if he has informed them on the relevant subpage of the seller's e-shop and in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-shop,
d) informed about the address of the seller at which the buyer can file a complaint about the goods or services, file a complaint or other complaint in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-shop,
e) on the total price of the goods or services, including value-added tax and all other taxes or, given the nature of the goods or services, the price cannot be reasonably determined in advance, the way in which it is calculated and the costs of transport, delivery, postage and other costs and charges, or if these costs and fees cannot be determined in advance of the fact that the buyer will be obliged to pay them, he informed the seller on the relevant e-shop catalogue page,
f) on the payment conditions, delivery conditions, the period within which the seller undertakes to deliver the goods or provide the service, information on the procedures for the application and handling of complaints, grievances and complaints informed the buyer in the relevant articles of these terms and conditions, which are located on the relevant subpage e-shop of the seller,
g) on information about the buyer's right to withdraw from the purchase contract, on the conditions, deadline and procedure for exercising the right to withdraw from the contract informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-shop,
h) informed about the provision of a form for withdrawal from the purchase contract in Art. 10 and in the annex to these terms and conditions of business, which are located on the relevant subpage of the seller's e-shop; the seller also provided the form for withdrawal from the purchase contract in the annex to these terms and conditions and complaints, which are located on the relevant subpage of the seller's e-shop,
i) on the information that if the buyer withdraws from the purchase contract, he will bear the costs associated with the return of goods to the seller under § 10 para. 3 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance or off-premises contract of the seller and on the amendment of certain laws (hereinafter referred to as the "Distance Consumer Protection Act"), and if it withdraws from the purchase contract also the cost of returning goods which, due to their nature, cannot be returned by post, informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-shop,
j) on the buyer's obligation to pay the seller the price for the performance actually provided pursuant to § 10 para. 5 of the Consumer Protection Act for distance selling if the buyer withdraws from the service contract after granting the seller explicit consent pursuant to § 4 para. 6 of the Act on Consumer Protection in Distance Selling informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-shop,
k) informed about the circumstances in which the buyer loses the right to withdraw from the contract in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-shop,
l) on instructions on the seller's liability for defects in goods or services pursuant to Art. § 622 and 623 of the Civil Code informed in Art. 8 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-shop,
m) on the existence and details of the guarantee provided by the manufacturer or seller according to stricter principles than stipulated in Art. § 502 of the Civil Code, if provided by the manufacturer or seller, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of goods or provision of services, if such assistance is provided on the relevant e-shop catalog page and Art. 9 of these business and complaint conditions, which are located on the relevant subpage of the seller's e-shop,
n) the existence of the relevant codes of conduct which the seller has undertaken to comply with and the way in which the buyer can become acquainted with them or obtain their wording on the relevant e-shop catalog page of the seller,
o) the duration of the contract, in the case of a fixed-term contract; in the case of a contract concluded for an indefinite period or in the case of a contract for which its validity is automatically extended, the information on the conditions of termination is also provided on the relevant e-shop catalog page and in these terms and conditions, which are located on the relevant sub-page of the electronic the seller's business,
p) on the minimum duration of the buyer's obligations arising from the purchase contract, if the purchase contract implies such an obligation for the buyer on the relevant e-shop catalog page and in these terms and conditions, which are located on the relevant subpage of the seller's e-shop,
q) on the buyer's obligation to pay an advance or provide another financial security at the request of the seller and on the conditions that apply to its provision, if the purchase contract implies such an obligation for the buyer on the relevant e-shop catalog page and in these terms and conditions, which are located on the relevant sub-page of the seller's e-shop,
r) on the functionality, including the applicable technical protection measures to secure the electronic content, if applicable, informed on the relevant catalog page of the seller's e-shop and in these terms and conditions, which are located on the relevant subpage of the seller's e-shop,
s) on the compatibility of electronic content with hardware and software of which the seller knows or should reasonably be expected to know, if appropriate, he has informed the relevant the seller's e-shop catalog page and in these business and complaint conditions, which are located on the relevant sub-page of the seller's e-shop,
t) on the possibility and conditions of out-of-court dispute resolution through the alternative dispute resolution system, if the seller undertook to use this system, he informed the seller on the relevant e-shop catalog page and in these terms and conditions, which are located on the seller's e-shop subpage,
u) on the necessary actions for concluding the purchase contract by describing these necessary actions in these business and complaint conditions, which are located on the relevant subpage of the seller's e-shop,
v) that the purchase contract will be stored in electronic form at the seller and is available to the buyer after the buyer requests it in writing on the relevant e-shop catalog page of the seller and in these terms and conditions, which are located on the relevant subpage of the seller's e-shop, that the language offered for the conclusion of the contract is the Slovak language informed on the relevant catalog page of the seller's e-shop and in these business and complaint conditions, which are located on the relevant sub-page of the seller's e-shop.
3.7. If the seller has not fulfilled his information obligation according to point 2.6. letter e) of these business and complaint conditions, the buyer is not obliged to pay these additional costs or fees.
4. Rights and obligations of the seller
4.1. The seller is obliged to:
a) in the case of confirmation of the order by acceptance, the seller is obliged to deliver the goods to the buyer in the agreed quantity, time, quality and pack it and to ensure transport in the manner necessary for its preservation and protection,
b) ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic,
c) send a confirmation of the conclusion of the purchase contract on a durable medium, such as via e-mail. The confirmation must be sent immediately and must contain all the information specified in 2.6. including the withdrawal form.
d) at the latest together with the goods to hand over to the buyer in electronic or written form all necessary documents for taking over and using the purchased goods as well as other documents prescribed by valid legal regulations of the Slovak Republic such as instructions in Slovak, delivery note, guarantee certificate document.
4.2. The seller has the right to the proper and timely payment of the purchase price by the buyer for the delivered goods.
4.3. In case of unavailability of goods or sale of stock, the seller is not able to deliver the goods to the buyer within the period agreed in the purchase contract, determined by these terms and conditions or purchase price, the seller is obliged to offer the buyer a substitute performance or (order cancellation). Withdrawal from the purchase contract or cancellation of the order is possible by sending an e-mail to the buyer. In case of payment of the purchase price by the buyer or its part, the seller is obliged to return all payments and therefore already paid the purchase price or its part, including shipping, delivery and postage and other costs and fees within 14 days from the date of delivery withdrawal from the purchase contract resp. cancellation of the order to the buyer's designated account, unless the parties agree otherwise. If the buyer does not accept the replacement performance offered by the seller and does not withdraw from the purchase contract, the seller is entitled to withdraw from the purchase contract. In case of payment of the purchase price by the buyer or its part, the seller is obliged to return the already paid purchase price or its part within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.
5. Rights and obligations of the buyer
5.1. The seller informed the buyer of the obligation to pay the purchase price. This obligation is part of the order.
5.2. Buyer's rights: The buyer has the right to deliver the goods in the quantity, quality, time and place agreed by the parties.
5.3. Obligations of the buyer:
a) pay the agreed purchase price to the seller within the agreed due date, including the costs of delivery of the ordered goods,
b) take over the goods which have been ordered and delivered,
c) in the delivery note, confirm the receipt of the goods by his signature or by the signature of the person authorized by him.
6. Delivery and payment terms
6.1. For each product on the e-shop website, the usual availability of the goods is stated, including the date of its dispatch.
6.2. The seller is obliged to deliver the item to the buyer immediately, no later than 30 days from the date of conclusion of the purchase contract, unless otherwise agreed in the purchase contract. If the seller has not fulfilled this obligation, the buyer may ask him to deliver the item within the reasonable additional period specified therein. If the item is not delivered even within this additional reasonable period, the buyer is entitled to withdraw from the contract.
6.3. The seller is entitled to invite the buyer to take over the goods even before the deadline for delivery of goods agreed in the purchase contract.
6.4. The buyer is obliged to take over the goods at the agreed place, according to the purchase contract or otherwise in the time before the delivery of the goods (hereinafter referred to as "place"). The buyer is obliged to take over the goods in the time range that is the seller or his representative, authorized to deliver the goods and the buyer agreed in the purchase contract or otherwise in the time before delivery of the goods (hereinafter "Time Range").
6.5. If the seller delivers the goods to the buyer to the place and in the time range, it is the buyer's obligation to take over the goods in person or to ensure the takeover of the goods by a person authorized by the buyer. The buyer is obliged to sign a protocol on payment of the purchase price, delivery and handover of the goods. The obligation of the third party authorized to take over the goods is to submit to the seller a copy of the acceptance of the order. The goods are considered delivered at the moment of delivery of the goods to the buyer. Delivery of goods to the buyer means delivery of goods to the Site, its acceptance by the buyer or a third party authorized by the buyer and signing a protocol on payment of the purchase price and delivery and delivery of goods by the buyer or a third party authorized by the buyer.
6.6. If necessary, repeat the delivery of goods due to the buyer's absence on the spot and within the time or if the buyer does not take over the goods within 7 days after the expiration of the time, without prior written withdrawal from the purchase contract, the seller is entitled to compensation in the actual cost of damage for an unsuccessful delivery of the goods to the place.
6.7. The buyer's obligation is to check the received shipment, the packaging of the goods and also the goods, immediately after delivery in the presence of the seller's representative, such as a courier. If a defect in the goods is found, it is the duty of the seller's representative to allow the buyer to make a record of the nature and extent of the defect in the goods, the correctness will be confirmed by the seller's representative. With the record prepared in this way, delivered to the seller, the buyer may refuse to take over the delivered goods with a defect or confirm the delivery of the goods with a defect and subsequently in accordance with Art. 8 of these business and complaint conditions to file a claim for defects in the goods with the seller or a person designated by him. If the buyer refuses to take over the delivered goods with defects, all reasonable costs incurred to return the goods to the seller shall be borne by the seller.
6.8. In case of non-delivery of the goods by the seller, the buyer is entitled within the period specified in point 6.2. of these terms and conditions to withdraw from the purchase contract and the seller is obliged to return to the buyer the already paid purchase price or part thereof within 14 days from the date of delivery of the withdrawal from the purchase contract. The funds will be transferred to a bank account designated by the buyer.
7. Purchase price
7.1. The purchase price for the goods, which was agreed in the purchase contract between the buyer and the seller is stated in the acceptance of the order (hereinafter referred to as the "purchase price"). If the purchase price stated in the order confirmation is higher than the price for identical goods stated in the offer e-shop at the time of sending the order to the buyer, the seller will deliver to the buyer an electronic message with information about the offer of a new purchase price in another amount, which is considered the seller's proposal to enter into a new purchase contract, which the buyer must explicitly confirm by e-mail or valid conclusion of the purchase contract.
7.2. The buyer is obliged to pay the seller the purchase price, including the cost of delivery of goods in cash, respectively. by payment card or cash on delivery at the place of delivery of the goods or by non-cash transfer to the seller's account specified in the order acceptance or on the seller's website at the time before taking over the goods.
7.3. When paying the purchase price by wire transfer to the seller's account, the moment when the entire purchase price was credited to the seller's account is considered the day of payment.
7.4. The buyer's obligation is to pay the seller the purchase price for the agreed goods within the period specified in the purchase contract, but no later than when taking over the goods.
7.5. The Seller is entitled to refuse delivery of the goods to the buyer if the buyer does not pay the seller the full purchase price by the time of delivery of the goods to the Place and the parties have not agreed to pay the purchase price for the goods in installments.
7.6. Assembly, removal of goods and related costs are not included in the purchase price and the seller is not obliged to provide these services to the buyer.
8. Acquisition of ownership and transfer of the risk of damage to the goods
8.1. The buyer acquires ownership of the goods upon full payment of the purchase price for the goods.
8.2. At the moment of taking over the goods by the buyer or a third party authorized by the buyer from the seller or his representative authorized to deliver the goods or if he does not do so in time, the seller allows the buyer to dispose of the goods and the buyer does not take over the risk of damage to the goods.
9. Complaints procedure (warranty, liability for defects, complaints)
9.1. The buyer has the right to rectify the defect free of charge, in a timely and proper manner, with respect to the defect of the goods that can be rectified. It is the seller's responsibility to rectify the defect without undue delay.
9.2. Instead of eliminating the defect, the buyer may request the replacement of the goods or, if the defect concerns only a certain part of the goods, the replacement of this part, unless the seller incurs disproportionate costs due to the price of the goods or the severity of the defect.
9.3. The seller can always exchange defective goods for defect-free goods, unless this causes serious difficulties for the buyer.
9.4. In the case of a defect in the goods which cannot be removed and which prevents the goods from being properly used as a defect-free item, the buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the goods due to the recurrence of the defect after repair or due to a larger number of defects.
9.5. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the goods.
9.6. The seller instructed the buyer about his rights under the provisions of Art. § 622 of the Civil Code (points 9.1. To 9.3. Of these business and complaint conditions) and the rights arising from the provisions of Art. § 623 of the Civil Code (points 9.4. To 9.5. Of these business and complaint conditions) by placing these business and complaint conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them before sending the order.
9.7. The buyer is obliged to file a complaint with the seller or a designated person. The seller is responsible for defects in the goods in accordance with applicable laws of the Slovak Republic. The seller will provide the buyer with information on service points and designated persons for warranty and post-warranty service on the back of the warranty card or on request by telephone or e-mail.
9.8. The valid complaint procedure of the seller applies to the handling of complaints, ie Art. 9. these business and complaint conditions. The buyer was duly acquainted with the complaint procedure and informed about the conditions and method of claiming the goods, including information on where the claim can be made, and about the performance of warranty repairs in accordance with Art. § 18 Art. 1 of Act no. 250/2007 Z. from. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Act") in the period before concluding the purchase contract by placing these terms and conditions on the relevant subpage of the seller's e-shop and the buyer had the opportunity to read them before sending the order.
9.9. Goods purchased by the buyer from the seller in the form of e-shop on the seller's e-shop website are subject to the complaint procedure.
9.10. If the goods show defects for which the manufacturer, supplier or seller is responsible, they are covered by the warranty and were purchased from the seller, the buyer has the right to claim liability from the seller for defects in the goods.
9.11. If the goods show defects, the buyer has the right to file a complaint at the seller's premises in accordance with Art. § 18 Art. 2 of the Act by delivering the goods to the seller's premises and delivering to the seller a statement of the buyer's will to exercise his right under points 9.1. to 9.5. of these business and complaint conditions (hereinafter referred to as the "Notice of Complaint"), e.g. in the form of a completed complaint form, which is located on the relevant subpage of the seller's e-shop. The seller recommends insuring the goods when sending them for a complaint. The seller does not accept cash on delivery. The Buyer is obliged to state all the required information truthfully in the Notice of Complaint, in particular to precisely indicate the type and extent of the defect of the goods; buyers at the same time indicate which of their rights under Art. Sections 622 and 633 of the Civil Code apply. The buyer has the right to file a complaint with the person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as the "designated person"). The list of designated persons is given in the guarantee certificate or the seller will send it to the buyer at his request.
9.12. The complaint procedure concerning goods that can be delivered to the seller begins on the day when all the following conditions are cumulatively met:
a) delivery of the notification of the complaint by the buyer, the seller,
b) delivery of the claimed goods from the buyer to the seller or a designated person,
c) delivery of access codes, passwords, etc. to the claimed goods to the seller, if these data are necessary for the proper handling of the complaint.
9.13. If the subject of the complaint is goods that cannot be objectively delivered to the seller or that are permanently installed, the buyer is, in addition to meeting the conditions under points 9.12 (a). a) and c) of these complaint and business conditions, he is obliged to provide all necessary co-operation for the inspection of the claimed goods by the seller or a third party designated by the seller. Complaints proceedings concerning goods which cannot be objectively delivered to the seller or which are permanently installed begin on the day on which the goods were inspected in accordance with the first sentence. However, if the seller or a third party designated by him, despite the necessary cooperation provided by the buyer, does not ensure the inspection within a reasonable time, but no later than 10 days from delivery of the Notice to the Seller, the complaint procedure begins on the day of delivery of the Notice to the Seller.
9.14. The seller or a designated person shall issue to the buyer a confirmation of the claim of the goods in a suitable form chosen by the seller, e.g. in the form of an e-mail or in writing, in which he is obliged to accurately indicate the claimed defects of the goods and once again inform the consumer of his rights under point 9.1. to 9.3. these business and complaint conditions (provisions of § 622 of the Civil Code) and the rights arising from point 9.4. to 9.5. of these business and complaint conditions (provisions of Section 623 of the Civil Code). If the complaint is made by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; The confirmation of the claim need not be delivered if the buyer has the opportunity to prove the claim in another way.
9.15. The buyer is entitled to decide which of his rights in accordance with Art. § 622 and Art. § 623 of the Civil Code applies and at the same time is obliged to immediately deliver information about its decision to the seller. Based on the decision of the buyer, which of his rights in accordance with Art. § 622 and Art. § 623 of the Civil Code is applied by the seller or a designated person obliged to determine the method of handling complaints according to Art. § 2 letter m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the goods is required no later than 30 days from the date of delivery of the claimed goods. After determining the method of handling the complaint, the seller or the designated person will handle the complaint immediately; in justified cases, the complaint can be resolved later. However, the settlement of the complaint may not take longer than 30 days from the date of the complaint.
If the subject of the complaint is taken over by the seller on a later day than the day of the complaint, the deadlines for handling the complaint under this paragraph shall begin from the day of the takeover of the subject by the seller; however, at the latest from the moment when the seller prevents or prevents the takeover of the subject of the complaint. After the expiration of the period for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.
9.16. If the buyer has lodged a claim for the goods within the first 12 months of concluding the purchase contract, the seller may settle the claim only on the basis of an expert opinion or opinion issued by an authorized, notified or accredited person or a designated person (hereinafter "expert assessment of the goods"). Irrespective of the result of the professional assessment, the seller may not require the buyer to reimburse the costs of the professional assessment of the goods or other costs related to the professional assessment of the goods.
9.17. If the buyer has made a product complaint after 12 months from the conclusion of the purchase contract and the seller has rejected it, the person who handled the complaint is obliged to state in the complaint handling document to whom the buyer can send the goods for professional assessment. If the buyer sends the goods for professional assessment to the designated person specified in the document on the handling of the complaint, the costs of professional assessment of the goods, as well as all other related expediently incurred costs shall be borne by the seller regardless of the result of professional assessment. If the buyer proves by professional assessment the responsibility of the seller for the claimed defect of the goods, he can file a complaint again; the warranty period does not expire during the professional assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the resubmitted complaint all costs incurred for the professional assessment of the goods, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.
9.18. The buyer does not have the right to exercise the right of liability for defects of which he was notified by the seller at the time of concluding the contract, or which, taking into account the circumstances under which the purchase contract was concluded, he must have known.
9.19. The seller reserves the right to replace defective goods with other perfect goods with the same or better technical parameters, if this does not cause serious difficulties for the buyer.
9.20. The seller is not responsible for defects in the goods:
a) in the case of an obvious defect which the buyer was able to detect by checking the consignment on delivery of the goods and which he did not notify the seller's representative in accordance with point 6.8. these complaint and business conditions,
b) if the buyer has not exercised his right concerning the seller's liability for defect in the goods by the end of the warranty period of the goods,
c) if the defect of the goods is mechanical damage to the goods caused by the buyer,
d) if the defect of the goods was caused by the use of the goods in conditions that do not correspond with their intensity, humidity, chemical and mechanical influences to the natural environment of the goods,
e) if the defect of the goods was caused by improper handling, service or neglect of care of the goods,
f) if the defect of the goods was caused by damage to the goods by excessive loading or use in violation of the conditions specified in the documentation or general principles of normal use of the goods,
g) if the defect of the goods was caused by damage to the goods by unavoidable and / or unforeseeable events,
h) if the defect of the goods was caused by damage to the goods by accidental destruction and accidental deterioration,
i) if the defect of the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure,
j) if the defect of the goods was caused by an intervention in the goods by an unauthorized person.
9.21. The seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
a) exchange of goods,
b) return of the purchase price of the goods,
c) by handing over the repaired goods,
d) by paying a reasonable discount on the price of the goods,
e) a written request to take over the performance specified by the seller,
f) by the reasoned rejection of the goods claim.
9.22. The seller is obliged to issue a written document to the buyer about the method of determining the handling of the complaint and the handling of the complaint no later than 30 days from the date of the complaint in person, through the postal or courier or delivery service provider. The seller will inform the buyer about the result of handling the complaint immediately after the end of the complaint procedure by phone or e-mail and at the same time he will be together with the goods, resp. proof of complaint handling delivered via e-mail.
9.23. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases. Shipped sports nutrition products, food in gift baskets and animal feed have a minimum shelf life of more than 2 months before the expiration date, in case of a shorter expiration date, the seller contacts the buyer by phone or e-mail and the shipment is sent only with the buyer's consent.
9.24. In the case of warranty repairs of the goods, the warranty period is extended by the time during which the buyer could not use the goods.
9.25. In the case of the exchange of goods for new goods, the warranty period begins to run again from the receipt of new goods, but only for new goods. In the case of an exchange of goods for a new one, the buyer will receive a document stating information about the exchange of goods, and any further complaints are applied on the basis of the purchase contract and this complaint document.
9.26. In the event of a remediable defect, the complaint will be settled according to the decision of the buyer according to point 9.15. these complaints and business conditions are as follows:
(a) the seller replaces the defective goods; or
(b) the seller ensures that the defect is remedied.
9.27. In the case of a remediable defect and the buyer shall not immediately determine in accordance with paragraph 9.15. of these commercial and complaint conditions, how the complaint should be handled, the seller will handle the complaint by eliminating the defect.
9.28. In the case of a defect that cannot be remedied, a single repetitive remediable defect, or a number of different remediable defects that prevent the goods from being properly used as defects, the seller will provide, depending on the buyer's decision under 9.15. of these commercial and complaint conditions, the complaint is as follows:
a) by exchanging goods for other functional goods of the same or better technical parameters, or
b) in the event that the seller cannot exchange the goods for another, he will handle the complaint by refunding the purchase price for the goods.
9.29. In the case of an irremediable defect or a recurring remediable defect, or in the case of a number of different remediable defects which prevent the proper use of the goods and the buyer does not immediately determine in accordance with point 9.15. of these commercial and complaint conditions, how the complaint should be handled, the seller will handle the complaint by exchanging the goods for other functional goods of the same or better technical parameters.
9.30. Complaint handling applies only to defects specified in the Notice of Complaint and in the confirmation of the claim of the goods according to clause 9.14. these complaint and business conditions.
9.31. For the purposes of a complaint, the occurrence of one remediable defect more than twice is considered to be a recurring remediable defect several times.
9.32. For the purposes of the complaint, the occurrence of more than three different remediable defects at the same time is considered to be a larger number of different remediable defects.
9.33. The right of the buyer to file a claim for a defect of the goods is after he has exercised his right and asked the seller to eliminate the defect of the goods according to point 9.1. of these complaints and business conditions consumed and regardless of the result of the complaint, he is no longer entitled to file a complaint repeatedly for the same unique defect (not a defect of the same type).
9.34. The provisions of Art. 8 of these commercial and complaint conditions do not explicitly apply to entities that do not meet the definition of a consumer specified in Art. § 2 letter a) of Act 102/2014.
10. Personal data and their protection
10.1. The contracting parties have agreed that the buyer, if he is a natural person, is obliged to inform the seller in the order of his name and surname, address of permanent residence, including postal code, telephone number and e-mail address.
10.2. The contracting parties have agreed that the buyer, if he is a legal entity, is obliged to notify the seller of his business name, and registered office address, including postal code, ID number, telephone number and e-mail address.
10.3. The buyer can check and change the provided personal data at any time, as well as cancel his registration after logging in to the e-shop website in the section sk.coral.club/personal-new/tools/profile.
10.4. The seller hereby notifies the buyer that the meaning of Act no. 18/2018 Z.z. on the protection of personal data and on the amendment of certain laws as amended (hereinafter "ZnOOÚ") the seller as an operator will process the buyer's personal data in the process of concluding the purchase contract without his consent as the data subject, as the processing of the buyer's personal data will be performed by the seller. Pre-contractual relations with the buyer and the processing of personal data of the buyer are necessary for the performance of the purchase contract, in which the buyer acts as one of the parties.
10.5. The Buyer may, by checking the appropriate box before sending the order, express his consent in accordance with the ZnOOÚ that the Seller processes and stores his personal data, especially those listed above and/or necessary in the Seller's activities related to sending information about new products, discounts and shares on the offered goods and processed them in all its information systems concerning the sending of information about new products, discounts and promotions on the offered goods.
10.6. The Seller undertakes to handle and dispose of the Buyer's personal data in accordance with the valid legal regulations of the Slovak Republic.
10.7. The Seller declares that in accordance with ZnOOÚ he will collect personal data exclusively for the purpose stated in these commercial and complaint conditions.
10.8. The Seller declares that in accordance with the ZnOOÚ it will collect personal data for purposes other than those specified in these terms and conditions and ensure that the personal data is processed and used exclusively in a manner that corresponds to the purpose for which it was collected and that it will not be associated with personal data obtained for other purposes.
10.9. The Buyer grants the Seller consent in accordance with clause 9.5. these commercial and complaint conditions for a definite period until the purpose of processing the buyer's personal data is met. After fulfilling the purpose of processing, the seller will immediately ensure the liquidation of the buyer's personal data. The buyer may revoke the consent to the processing of personal data at any time in writing. The consent expires within 1 month from the delivery of the withdrawal of consent by the buyer to the seller.
10.10. Prior to sending the order, the buyer will be asked to confirm by checking the box before sending the order that the seller has notified him in a sufficient, comprehensible and irreplaceable manner:
a) their identification data, which are listed in Art. 1 of these commercial and complaint conditions,
b) third party identification data, which is the company that delivers the ordered goods to the buyer so that these data are stated in the acceptance,
c) the purpose of processing personal data, which is the conclusion of a purchase contract between the seller and the buyer,
d) that it will process the buyer's personal data in the range of name and surname, address of permanent residence including postal code, telephone number and e-mail address if a buyer is a natural person and in the range of business name, registered office address including postal code, ID number, telephone number and e-mail address if the buyer is a legal entity person
e) the buyer is obliged to provide the required personal data.
10.11. The Seller declares that it will process personal data in accordance with good morals and will act in a manner that does not contradict ZnOOÚ or other generally binding legal regulations, nor will it circumvent them. The Seller declares that it will not enforce or condition the consent of the person concerned by threatening to reject the contractual relationship, service, goods or obligation imposed on the Seller.
10.12. The buyer has the right to request from the seller upon written request.
a) confirmation of whether or not personal data of his person are being processed,
b) the purpose of processing personal data,
c) in a generally comprehensible form, information on the processing of his personal data in the information system and on its status to the extent of:
d) accurate information in a generally comprehensible form about the source from which he obtained his personal data for processing,
e) a copy of his personal data which is the subject of the processing in a generally comprehensible form,
f) additional information which, with regard to all the circumstances and conditions of personal data processing, is necessary for the buyer to guarantee his rights and legally protected interests to the extent in particular:
g) correction of his incorrect, incomplete or out-of-date personal data which are the subject of processing,
h) destruction of his personal data if the purpose of their processing has been fulfilled; if official documents containing personal data are processed, it may request their return,
i) disposal of his personal data, which are the subject of processing, if there has been a violation of ZnOOÚ or another valid legal regulation of the Slovak Republic.
10.13. Based on a free written request, the buyer has the right to object to the seller against:
a) the processing of his personal data which he assumes are or will be processed for direct marketing purposes without his consent and request their destruction,
b) the use of personal data referred to in § 31 for the purposes of direct marketing in the postal service, or
c) the provision of personal data referred to in § 31 for the purposes of direct marketing.
10.14. Based on a free written request, the buyer has the right to object to the processing of personal data in cases under § 31 ZnOOÚ by expressing legitimate reasons or submitting evidence of unauthorized interference with its rights and legally protected interests, which are or may be in this case such personal data processing. damaged; if this is not prevented by legal reasons and it is proved that the buyer's objection is justified, the seller is obliged to block and destroy the personal data, the processing of which the buyer objected to, without undue delay as soon as circumstances allow.
10.15. Furthermore, the Buyer, upon written request or in person, fails to object to the Seller and not to submit to the Seller's decision, which would have legal effects or significant impact on him, if such a decision is issued solely on the basis of automated processing of his personal data. The buyer has the right to request the seller to review the issued decision by a method different from the automated form of processing, while the seller is obliged to comply with the buyer's request so that the decisive role in reviewing the decision will play a person; the seller informs the buyer about the method of examination and the result of the finding within the period according to Art. 9.18 of these commercial and complaint conditions. The buyer does not have this right only if provided by a special law, which provides for measures to safeguard the legitimate interests of the buyer, or if in pre-contractual relations or during the existence of contractual relations the seller issued a decision to comply with the buyer's request, or if the seller the contract has taken other appropriate measures to safeguard the legitimate interests of the buyer.
10.16. If the buyer exercises his right in writing and it follows from the content of his application that he exercises his right, the application shall be deemed to have been submitted in accordance with this Act; the buyer shall deliver the request submitted by e-mail or fax in writing no later than three days from the date of its sending.
10.17. If the buyer suspects that his personal data is being processed unjustifiably, he may submit a notification to the Office for Personal Data Protection. If the buyer does not have full legal capacity, his rights can be exercised by a legal representative.
10.18. The seller is obliged to process the buyer's request in accordance with this art. of these commercial and complaint conditions, resp. comply with the requirements of the buyer according to ZnOOÚ and inform him in writing no later than 30 days from the receipt of the request or request.
10.19. According to the ZnOOÚ, the seller shall immediately notify the person concerned of the restriction of the buyer's rights and the Office shall have personal data protection.
10.20. The seller notifies the buyer that in accordance with the ZnOOÚ in the processing of personal data of the buyer, it is assumed that some personal data of the buyer will be provided and made available to the following third parties, respectively. circle of recipients: 123Kurier, s. r. o.,Vojtaššákova 616, 027 44 Tvrdošín, Company ID no. 46598863; LASER - SK, spol. s r.o., Stöcklova 14, 085 01 Bardejov, Company ID no. 36501301.
11. Withdrawal from the purchase contract
11.1. If it is impossible for the seller to fulfil his obligations under the purchase contract, due to the sale of stock, unavailability of goods or if the manufacturer, importer or supplier of goods agreed in the purchase contract discontinued production or made major changes that prevented the fulfilment of the seller's obligations due to force majeure or due to force majeure or if, even with all reasonable efforts, he is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price specified in the order, the seller is obliged to do so. immediately inform the buyer and at the same time is obliged to offer the buyer a substitute performance or the possibility for the buyer to withdraw from the purchase contract (cancel the order). In the event that the buyer withdraws from the purchase contract for the reasons stated in this point of these complaint and business conditions, the seller is obliged to return to the buyer the advance payment for the goods agreed in the purchase contract within 14 days of notification of withdrawal by transfer to the account specified by the buyer.
11.2. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with Art. § 7 et seq. Act no. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as the “Act on Consumer Protection in Distance Selling”) within 14 days of receipt of the goods, resp. from the date of concluding the contract for the provision of the service or the contract for the provision of electronic content not delivered on a tangible medium, if the seller has fulfilled the information obligations pursuant to Art. § 3 of the Act on Consumer Protection in Distance Selling.
11.3. The buyer has the right to unpack and test the goods within this period after receipt in a manner similar to the usual purchase in a classic "stone" store, to the extent necessary to determine the nature, properties and functionality of the goods.
11.4. The beginning of the period for withdrawal from the contract is set on the day on which the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods or if:
a) delivers goods consisting of several parts or pieces, from the date of receipt of the last part or piece,
b) the goods ordered by the buyer in one order are delivered separately, from the day of taking over the goods that were delivered last,
c) under contract, delivers the goods repeatedly for a specified period, from the date of taking over the first goods delivered.
11.5. The buyer may withdraw from the purchase contract, the subject of which is the purchase of goods even before the start of the period for withdrawal from the contract.
11.6. Withdrawal from the contract requires a written form, in a way that does not raise doubts that the withdrawal from the contract was made in error or in the form of a record on another durable medium, or using the form, which forms Annex no. 1 of these business and complaint conditions. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than on the last day of the period under Art. § 7 Art. 1 of the Act on Consumer Protection in Distance Selling.
11.7. Withdrawal from the purchase contract according to the passing point of these business and complaint conditions must contain the information required in the form of withdrawal from the purchase contract, which forms Annex no. 1 of these business and complaint conditions, in particular the identification of the buyer, the number and date of the order, the exact specification of the goods, the manner in which the seller is to return the already received performance, in particular, the account number and/or postal address of the buyer.
11.8. In the event of withdrawal from the purchase contract by the buyer, any additional contract related to the purchase contract from which the buyer withdrew is also cancelled from the beginning. It is not possible to demand from the buyer any costs or other payments related to the cancellation of the supplementary contract, except for the payment of costs and payments specified in Art. § 9 Art. 3, Art. § 10 Art. 3 and 5 of the Act on Consumer Protection in Distance Selling and Prices for Service, if the subject of the contract is the provision of a service and the full provision of the service has taken place.
11.9. Within 14 days from the date of withdrawal from the purchase contract, the buyer is obliged without undue delay to send the goods back to the address of the operator's registered office or hand them over to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller has proposed to pick up the goods in person or through a person authorized by him. The period under the first sentence of this point of these terms and conditions of business and complaint is considered to be maintained if the goods were handed over for transport no later than the last day of the period.
11.10. The buyer is obliged to deliver the goods to the seller complete, including complete documentation, undamaged, preferably in the original packaging and unused.
11.11. Cash on delivery will not be accepted by the seller. It is recommended to insure the goods. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the buyer to return to the buyer all payments received from him under or in connection with the purchase contract, including shipping, delivery and postage and other costs and fees. The seller is not obliged to return payments to the buyer under this point of these terms and conditions before the goods are delivered to him or until the buyer proves the return of the goods to the seller, unless the seller suggests that he picks up the goods in person or through a person authorized by him.
11.12. The cost of returning the goods to the seller is borne by the buyer. The goods are returned directly to the seller or the person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear these costs himself or if he has not fulfilled the obligation under § 3 para. 1 letter i) of the Act on Consumer Protection in Distance Selling.
11.13. The buyer is only responsible for the reduction in the value of the goods, which arose as a result of such treatment of the goods, which is beyond the treatment necessary to determine the properties and functionality of the goods. The consumer is not responsible for the reduction in the value of the goods if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract under § 3 para. 1 letter h) of the Act on Consumer Protection in Distance Selling.
11.14. The seller is obliged to return the purchase price for the goods in the same way as the buyer used in his payment unless the buyer agrees to another method of refund without additional charges to the buyer in this regard.
11.15. In the event that the buyer withdraws from the contract and delivers to the seller goods that are used, damaged or incomplete, the buyer undertakes to pay the seller:
a) the value by which the value of the goods decreased in accordance with Art. § 457 of the Civil Code in the actual amount,
b) costs incurred by the seller in connection with the repair of the goods and their restoration to the original condition calculated according to the price list for post-warranty service of the goods.
Pursuant to this point of the complaint and business conditions, the buyer is obliged to pay the seller compensation to the seller at most in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.
11.16. In accordance with Art.§7 section 6 of the Act on Consumer Protection in Distance Selling, the buyer may not withdraw from the contract, the subject of which are:
11.17. The provisions of Art. 10 of these commercial and complaint conditions do not explicitly apply to entities that do not meet the definition of a consumer set out in Art. §2 letter a) of the Act.
12. Final provisions
12.1. In the case of concluding a purchase contract in writing, any change must be in writing.
12.2. The parties have agreed that communication between them will take place in the form of e-mails.
12.3. The relevant provisions of the Civil Code, the Act, Act no. 22/2004 Coll. on electronic commerce and on the amendment of Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment of certain laws as amended by Act no. 284/2002 Coll. as amended and Act no. 102/2014 Coll. on consumer protection in distance selling.
12.4. These business and complaint conditions become effective against the buyer by concluding a purchase contract.
12.5. Before sending the order, the buyer will be asked to confirm by checking the box that he has read these business and complaint conditions, read them, understand their content and fully agrees with them.
13. Alternative dispute resolution
13.1. The buyer has the right to ask the seller for redress if he feels that the seller has violated his rights or has not settled the complaint so that he is also satisfied. If the seller does not respond to the request or responds to it in 30 days, the consumer may submit a proposal for the initiation of alternative dispute resolution to the subject of alternative dispute resolution (hereinafter referred to as the ADR entity) pursuant to Act 391/2015 Coll. According to §3 of Act 391/2015 Coll. ADR entities are bodies and authorized legal entities. The consumer may submit the proposal in the manner specified pursuant to §12 of Act 391/2015 Coll. It can also apply online through the RSO Alternative Dispute Resolution platform.
Alternative dispute resolution is reserved exclusively for consumers, not buyers. The dispute is settled between the consumer and the seller, who has concluded a distance contract and whose dispute has a value of more than 20 EUR. The maximum fee that ARD can charge is 5 EUR from the consumer, to cover the costs.
DISCLAIMER:
"These general commercial conditions were prepared for the company CCI Slovakia s.r.o. Sídlo: Záhradnícka 5847/62, Bratislava - mestská časť Ružinov 821 08 IČO: 55 245 561, which reserves its copyright to this work. Any use of this work or part thereof (reproduction, copying, scanning or other distribution of texts, tables and other parts of this work) by mechanical or electronic means without the prior written permission of Krši s.r.o. for such use is strictly prohibited.
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