General Terms and Conditions
1. GENERAL PROVISIONS
1.1. These General Terms and Conditions govern the rights and obligations of the parties arising from the Purchase Contract
SELLER, who is Tomáš Kvasnička
Muškátová 794/46, 82101 Bratislava-Ružinov,
Trade register number: 110-278985
(hereinafter referred to as the “Seller”)
BUYER, the subject of which is the purchase and sale of goods on the masokombinat.com online store. The buyer is a consumer or entrepreneur. A consumer is a natural person who, when concluding and performing a contract, is not acting in the course of his trade or other business activity or in the course of the independent exercise of his profession.
Legal relations of the Seller with the Consumer not expressly governed by these Terms and Conditions shall be governed by the relevant provisions of the Act No. 40/1964 Coll., the Civil Code, Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods under a Distance Contract, as well as related regulations, all as amended. An entrepreneur is a person registered in the Commercial Register or a person who is engaged in business on the basis of a trade licence. For the purposes of these General Terms and Conditions, an entrepreneur shall be understood to mean a person who acts in accordance with the preceding sentence in the course of his or her business. If the Buyer indicates his/her business registration number or VAT number in the order, then the Buyer also acknowledges that the rules of the General Terms and Conditions for Entrepreneurs apply to him/her. Legal relations of the Seller with the Buyer, who is an entrepreneur, not expressly regulated by these terms and conditions, shall be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, as well as related regulations.
postal address: 794/46 Muškátová Street, 82101 Bratislava-Ružinov
account number in the form of IBAN: SK4783300000002701520542
SOI Inspectorate for the Bratislava Region
Bajkalská 21/A, P. O. BOX no. 5, 820 07 Bratislava
tel. č. 02/58 27 21 72, 02/58 27 21 04
fax no. 02/58 27 21 70
1.2. The Seller publishes a list of the goods it offers to the Customer and allows the Customer to order the goods through the e-shop belonging to the Operator (hereinafter referred to as the e-shop). The parties agree that by submitting an order, the buyer confirms that he agrees that these general terms and conditions will apply to all purchase contracts concluded through the e-shop operated by the seller. By submitting an order via e-commerce, the customer expresses that he/she has read the general terms and conditions in full, understands their content and all their terms and conditions and agrees to them. The General Terms and Conditions are an integral part of the purchase contract.
1.3. The list of goods on any website operated by the Seller is a catalogue of the goods normally supplied and the Seller does not guarantee the immediate availability of all goods listed. The availability of the goods will be confirmed to the buyer upon the buyer’s enquiry. Informative availability is given for each item.
1.4. The price of the goods does not include value added tax (VAT). The price does not include the cost of delivery of the ordered goods to the destination.
2. METHOD OF CONCLUDING THE PURCHASE CONTRACT
2.1 The Purchase Contract is concluded by the Seller’s binding acceptance of the Buyer’s proposal to conclude the Purchase Contract in the form of an order completed and sent by the Buyer via the Seller’s website, in the case of sending an order by e-mail or by telephone (hereinafter referred to as the “Order”).The “Order Acceptance Notice” sent to the Buyer’s e-mail address immediately after the Buyer has sent his/her order shall not be deemed to be a binding acceptance of the Order. This notification is for informational purposes only for the purpose of notifying the Buyer of the acceptance of the order in our ordering system.
2.2. Binding acceptance of the Buyer’s order by the Seller is a telephone or e-mail confirmation by the Seller to the Buyer of the acceptance of the order after prior acceptance of the order by the Buyer and after verification of the availability of the goods, the applicable prices and the date of delivery of the goods requested by the Buyer, marked as ‘Order Confirmation’. In the event that a higher price is found, the Seller is obliged to request the Customer’s consent to change the price according to the current price list before confirming the order. Only when the customer agrees to the price change and the Seller confirms (accepts) the order, the contractual relationship is deemed to be concluded.
2.3. By creating an order, the buyer acknowledges that the delivery of goods is charged according to the currently valid tariff of charges for transport within the services of the online store. The amount of the delivery charges is indicated directly at the time of placing the order, as well as in the purchase information section. The delivery fee includes the fee for the delivery of the goods by the shipping company, the fee for the chosen payment method, and the packaging fee.
3. ORDER CANCELLATION
3.1. The buyer has the right to cancel the order by e-mail, personal visit or by phone, until the moment of receipt of the order by the buyer.
3.2. The Seller shall have the right to cancel the order if, due to out-of-stock or unavailability of the goods, even after making all efforts that may be fairly required of him, he is unable to deliver the goods to the Customer within the time limit specified in these Terms and Conditions or at the price stated in the e-commerce, unless otherwise agreed with the Customer. In this case, the buyer has the right to withdraw from the purchase contract.
4. TERMS OF DELIVERY
4.1. Unless otherwise agreed, the Seller undertakes to dispatch the goods no later than 7 working days from the email confirmation of the order to the Customer.
4.2. Upon delivery by courier, the customer is obliged to inspect the parcel – its possible damage. In case of delivery by courier, the buyer must write a claim report on the spot about the damaged/damaged packaging of the parcel. In the event that the shipment is damaged and after checking the contents of the shipment it is found that the contents of the shipment do not correspond to the contents of the invoice/order, or its contents are damaged, the customer is obliged to write this fact in the presence of the courier in the damage record. In the event of failure to complete the claim record, additional claims will not be accepted. The customer is obliged to keep the packaging material of the shipment until the investigation of the causes of the damage is completed.
4.3. The customer is obliged to unpack the goods immediately after delivery and to check whether they are mechanically damaged and whether the contents of the package correspond to the invoiced goods. In the event that the contents of the consignment do not correspond to the invoiced goods, or the goods are mechanically damaged (but without signs of damage to the consignment itself, which is covered by clause 4.2.), the Customer shall immediately notify the Seller of this fact. The customer is obliged to keep the packaging material of the shipment until the investigation of the causes of the damage is completed.
4.4. The buyer will receive an invoice for each shipment by email or directly with the goods. Where a warranty card is required, it will be included in the package.
4.5. The customer is informed of the dispatch of the goods one working day before delivery. The customer is obliged to ensure the smooth receipt of the goods, in particular by being available on the telephone number designated for delivery or present at the delivery address on the days of scheduled delivery. If this obligation cannot be fulfilled, he is obliged to inform the Seller, agree with him on an alternative delivery date or appoint a substitute person who will fulfil the obligation to take delivery of the goods for the original recipient of the consignment.
4.6. The buyer acquires ownership of the goods only upon full payment of the full purchase price for the goods.
5. WITHDRAWAL FROM THE CONTRACT OF SALE
5.1. The consumer is entitled to withdraw from the purchase contract within 14 calendar days of receipt of the goods under these general terms and conditions without giving any reason in accordance with Art. § 7 para. 1 of Act No. 102/2014 Coll. on consumer protection in the sale of goods under a distance contract, as amended.
5.2. The consumer must withdraw from the contract in writing to the Seller’s address using the form that can be downloaded here or via the electronic form available on the e-shop in the section Complaints and warranty. Withdrawal from the purchase contract must include the identification of the buyer, the order number and date, the exact specification of the goods, and to speed up the processing of the request, we recommend that you also provide your bank account number. At the same time as withdrawing from the purchase contract, the customer is obliged to deliver the goods complete with accessories, including documentation, instructions and warranty card, to the Seller by sending or bringing them to the Seller’s address. The Seller does not accept COD shipments.
5.3. The consumer may also withdraw from the contract, the subject of which is the delivery of goods, before the withdrawal period has started. The withdrawal period is preserved if the buyer sends a notice of exercise of the right of withdrawal before the withdrawal period expires.
5.4. Withdrawal by the consumer from the contract shall terminate the contract. The Seller is obliged to take back the goods and return to the Consumer without undue delay, at the latest within 14 days from the date of withdrawal from the contract, all payments that the Buyer has demonstrably paid in connection with the conclusion of the contract. However, the Seller shall not be obliged to reimburse the Buyer for additional costs if the Buyer has chosen a delivery method other than the cheapest normal delivery method offered by the Seller. Payment will be made by the same method used by the Buyer to pay the Seller, unless the Buyer has specified a different method of payment on the withdrawal form, without charging any additional fees.
5.5 In the event that the consumer withdraws from the contract within the meaning of clause 5.2. these General Terms and Conditions and delivers to the Seller goods that are used, damaged or incomplete, or the value of the goods is reduced as a result of such treatment of the goods that is beyond the treatment necessary to ascertain the characteristics and functionality of the goods, the Seller shall have against the Buyer in accordance with § 10 para. 4 of Act No. 102/2014 Coll. as amended, the right to compensation for damages in the amount of the value of the repair of the goods and restoration of the goods to their original condition.
5.6. When withdrawing from the contract, the consumer bears the direct costs of returning the goods to the seller. The buyer also bears the direct costs of returning the goods which, due to their nature, cannot be returned by post. The direct costs associated with the return of goods cannot be reasonably calculated in advance. According to the available information, an estimate of these costs ranges from €1 to €20.
5.7. The consumer may not withdraw without giving a reason from a contract for the sale of goods enclosed in protective packaging which is not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery
5.8. By sending the order to the Seller, the Buyer confirms that the Seller has timely and properly fulfilled its information obligations under Art. § 3 para. 1 of Law no. 102/2014 Coll. on consumer protection in the sale of goods under a distance contract.
5.9. The Buyer acknowledges that if gifts are provided with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the right of withdrawal is exercised, the gift contract shall cease to have effect and the Buyer shall be obliged to return the related gifts provided together with the returned goods. Goods delivered at a nominal value are also considered a gift if their delivery is presented to the buyer as a gift with the goods, which the buyer returns within 14 days without giving a reason. In the event that these gifts are not returned with the returned goods, these values will be treated as unjust enrichment of the buyer.
6. WARRANTY PERIOD AND CLAIMS
6.1. The warranty period for new goods is 24 months in accordance with § 620 of the Civil Code.
6.2. The warranty period for used goods is 12 months in accordance with § 620 of the Civil Code.
6.3. For used goods, in addition to the statutory warranty, we also guarantee a contractual warranty ranging from 1 to 24 months, which is stated separately for each item sold. During the term of the contractual warranty, the buyer has the same rights when making a claim as when claiming the warranty for new goods. If the used goods are claimed during the duration of the contractual warranty, the claim is dealt with on a priority basis and in the case of acceptance of the claim by the service centre, we offer, within our capabilities, to the buyer the replacement of the equipment with a functional piece of the same quality, which shortens the time of processing the claim.
6.4. The procedure for submitting a claim is specified in the online shop in the section Claims and warranty.
7. PROCESSING AND PROTECTION OF CONSUMER PERSONAL DATA
7.1. The Seller collects the personal data of the Customer solely for the purpose of fulfilling its obligations towards the Customer, in particular when issuing an invoice, contacting the Customer in connection with the processing of its order and delivering the ordered goods. the seller is responsible for ensuring that the customer’s personal data is not used for other purposes, in particular not disclosed to third parties (except to the extent necessary for the delivery of the goods).
8. FINAL PROVISIONS
8.1.The Seller reserves the right to change these General Terms and Conditions. The obligation of written notification of changes in these general terms and conditions is fulfilled by placing them on the Seller’s e-commerce website.
8.2.Relationships not regulated by these General Terms and Conditions are subject to the relevant provisions of the Civil Code, Act no. 22/2004 Coll. on electronic commerce and on amendment and supplementation of Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendment and supplementation of certain acts, as amended by Act No. 284/2002 Coll. as amended and Act no. 102/2014 Coll. on consumer protection in the sale of goods under a distance contract.
8.3.These General Terms and Conditions shall come into force for the Buyer upon conclusion of the Purchase Agreement.
8.4.Any disputes between the Seller and the Buyer may also be settled out of court. In such a case, the buyer – consumer can contact the Slovak Trade Inspection, which in Slovakia covers out-of-court dispute resolution. Before an out-of-court settlement can be reached, the seller must first be contacted and an attempt made to resolve the dispute directly.
8.5.By sending the order, the Buyer confirms that he/she has read and understood these General Terms and Conditions in their entirety.
In Bratislava, on 4. 6. 2018