General Business Terms and Complaints
for internet shop www.ras-store.eu valid from
01/01/2018
1. General provisions
These Terms and Conditions and the Complaint Rules govern the rights and obligations of the parties resulting from a purchase contract concluded between a seller who is Red Orchestra s.r.o., with registered office at Magurská 13317/69, 97411 Banská Bystrica, SR, IČO: 51 269 643, registered in Business registry of the District Court of Banská Bystrica, Section: Sro, Insert č. 33292 / S (hereinafter referred to as the "Seller") and
purchaser, whose purpose is to buy and sell goods on an ecommerce website seller.
Contact details of the seller:
Red Orchestra s.r.o., Magurská 13317/69, 97411 Banská Bystrica, Slovak Republic
IČO: 51 269 643, VAT No .: 2120649553, VAT No .: SK 2120649553
registered in the Commercial Register of the District Court of Banská Bystrica, Section: Sro, Insert č. 33292 / S
Bank accounts:
VUB Bank, a. s., account: 3899944256 /0200, IBAN: SK30 0200 0000 0038 9994 4256, BIC/SWIFT: SUBASKBX
Telephone: +421915835320
Supervisory authority:
Slovak Trade Inspection (SOI)
SOI Inspectorate for Banská Bystrica region
Dolná 46, 974 00 Banská Bystrica 1
the Technical Product Control and Consumer Protection Division and the Legal Department
tel. no. 048/412 49 69, 048/415 18 71, 048/415 18 73 fax no. 048/412 46 93
http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
1.1.These business and claim terms, as applicable on the date of the purchase agreement, are an integral part of the purchase contract. In case the seller and buyer conclude
a written purchase contract in which they agree terms differently from these business and the terms of the purchase contract will be preferred to these
business and complaints terms. The conditions thus agreed must not be in conflict
with other legal regulations (shortening the repayment period, warranty period, etc.)
1.2. The Additional Agreement is understood for the purposes of these business and claim terms a contract under which the buyer acquires the goods or is provided with a related service with the subject of a purchase contract, if the goods are delivered or a service provided by the seller or by a third party on the basis of their agreement.
1.3. The displayed purchase price for the goods on any ecommerce website,
the seller is also involved in the value added tax at the amount determined by the seller legislation of the Slovak Republic and does not include the price for the carriage of goods or other optional services. All stocks pay until the stock is sold out unless it is for a particular item mentioned otherwise.
1.4. The seller reserves the right to adjust the price of the goods at any time
the e-commerce website operated by the seller. Change in price
goods do not apply to purchase contracts concluded before the price change, irrespective of that
the goods have not yet been delivered.
1.5. In the event that the seller fails to comply with his obligations under the applicable legislation
The Slovak Republic or the European Communities or in these trade and
the buyer may apply his / her right to the seller
through the appropriate court.
1.6. All the information about the goods offered in the online store is taken from the official website resources from their producers, respectively. suppliers. In case of receipt of incorrect information, it has the seller of the right at any time and without prior notice to correct this information, supplement or otherwise modify it. In this case, the buyer has the right to withdraw from the contract.
1.7. View the merchandise on the e-commerce website it operates
the seller is only illustrative. Displaying color shades is also dependent on
the quality of the monitor used, or of another display device.
2. The method of concluding a purchase contract
2.1.The proposal for conclusion of the purchase contract shall be sent by the buyer to the seller in the form completed and the form submitted on the website of the seller to whom the proposal was sent the conclusion of a purchase contract, the subject of which is the transfer of ownership of the goods marked by the buyer at the purchase price and under the terms stated in this order (hereafter only "order").
2.2. After the order is sent, the buyer will automatically receive his / her email address an order notification to the seller's electronic system (hereinafter referred to as " only "order delivery confirmation"). The buyer's email address can be in the case need to send any further information regarding his order. Seller in the interest of Excluding errors by phone or other appropriate means validates and extends
orders, payment and shipping and also confirms delivery time and price.
2.3. The delivery confirmation includes information that the seller has received an order but is not accepting an offer to enter into a purchase contract.
2.4.The seller will then send to an email address information on whether the buyer's order has been accepted ("Order Acceptance"). Acceptance of the order shall include information on the name and specification of the goods the sale of which is the subject of a contract of sale, the details of the price of the goods and / or other services, the indication of the anticipated delivery period, the name and the location of the goods to be supplied, price, conditions, method and time of delivery of the goods to the agreed place of delivery of the goods to the buyer, details of the seller (business name, registered office, company registration number, business registration number.
2.5.The purchase contract is concluded by the delivery of the acceptance of the order in electronic or written form to the buyer.
2.6. The seller, in clear, unambiguous, comprehensible and unmistakable manner, informed the buyer about the pre-contractual information relating to the claim, payment, merchant, shipping and other conditions before:
(a) the essential characteristics of the goods or the nature of the service to the extent reasonably practicable
the means of communication and the goods or service has been informed on the relevant catalog page
e-commerce of the seller,
(b) informed the seller of the name and address of the seller on the relevant sub-page e-commerce of the seller and in Art. 1 of these business and claims
conditions that are placed on the appropriate e-commerce site seller,
(c) the seller's telephone number and other data that is important for the contact
buyer with the seller, especially the address of his e-mail and the fax number if he has them informed on the relevant sub-page of the seller's e-commerce, 1 of these
business and claim terms that are placed on the appropriate subpage
e-commerce of the seller,
(d) the address of the seller at which the buyer may claim a goods or services claim,
to lodge a complaint or other complaint in Art. 1 of these business and claims
conditions that are placed on the appropriate e-commerce site seller,
(e) the total price of the good or service including value added tax and all other charges tax or if the price can not reasonably be determined by the nature of the goods or services in advance, the way it is calculated, as well as the cost of transport, delivery, postage and other costs and fees, or, if such costs and charges can not be determined in advance by the facts, that the buyer will be obliged to pay them informed on the relevant catalog page e-commerce of the seller,
(f) payment terms, delivery terms, and time limits for the seller
commits to deliver goods or provide a service, information on enforcement practices, and complaints, complaints and suggestions of purchasers in the relevant articles of these business and claims conditions that are placed on the respective
e-shop sub-page of the seller,
(g) information on the buyer 's right to withdraw from the purchase contract, the terms, time limits and the procedure for exercising the right to withdraw from the contract informed, 10 of these business and claim terms that are placed on the appropriate subpage e-commerce of the seller,
(h) to provide a withdrawal form from the purchase contract, 10 and Annex
of these business and claims conditions that are placed on the respective
seller's e-shop sub-page; sold by the seller himself the withdrawal form from the purchase contract in the appendix to these trade and claim forms conditions that are placed on the appropriate e-commerce site seller,
(i) information that, if the buyer withdraws from the purchase contract, it will bear the costs associated with the purchase returning the goods to the seller pursuant to Section 10 3 of Act no. 102/2014 Z.z. about protection consumer in the sale of goods or the provision of services under a contract concluded on distance or contract concluded outside the seller 's premises and on change and amendments to certain laws (hereinafter referred to as the "Consumer Protection Act" in the case of the sale to distance "), and if it withdraws from the purchase contract also the cost of returning the goods, which with respect to its nature can not be returned via mail informed in Art. 10 of these business and claim terms that are placed on the appropriate subpage e-commerce of the seller,
(j) the buyer 's obligation to pay the seller the price for the service actually provided under § 10 par. 5 of the Consumer Protection Act when selling at a distance, if the buyer withdraws from service contract after having given the seller explicit consent under § 4 par. 6 of the Act on consumer protection in the case of distance selling, 10 of these business and claim conditions that are placed on the relevant electronic sub-page seller's business,
(k) the circumstances in which the buyer loses the right to withdraw from the contract; 10 of these business and claims conditions that are placed on the respective e-shop sub-page of the seller,
(l) instructions on the liability of the seller for defects in goods or services under § 622 and 623 Of the Civil Code informed in Art. 8 of these Business and Complaint Terms, which are placed on the appropriate e-commerce sub-page of the seller,
(m) the existence and details of the warranty provided by the manufacturer or seller under more stringent principles as provided for in § 502 of the Civil Code, if it is provided by the producer or seller, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of the goods or the provision of the service, if such assistance is provided on the relevant e-shop catalog of the seller, 9 of these business and claim terms that are placed on the seller's e-commerce site,
(n) the existence of relevant codes of conduct which the seller has committed to comply with and the manner in which purchasers may acquaint themselves with them or obtain the wording thereof on the relevant e-shop catalog of the seller,
(o) the duration of the contract in the case of a fixed-term contract; in the case of a contract concluded on indefinite or in the case of a contract which automatically extends its validity, information on the terms of the termination of the contract has been notified to the relevant catalog Seller's e-commerce site and in these business and claim forms conditions that are placed on the appropriate e-commerce site
seller,
(p) the minimum duration of the buyer's obligations under the purchase contract, if the purchase is
of the contract, the Buyer has informed such a commitment on the relevant catalog page seller's e-commerce and in these business and claim forms conditions that are placed on the appropriate e-commerce site seller,
(q) the buyer's obligation to pay an advance or to provide another financial security at the seller's request and the terms and conditions that apply to it, if it is purchased
of the contract, the Buyer has informed such a commitment on the relevant catalog page seller's e-commerce and in these business and claim forms conditions that are placed on the appropriate e-commerce site seller,
(r) functionality, including applicable technical safeguards for security of electronic content, if appropriate, inform the relevant catalog page seller's e-commerce and in these business and claim forms conditions that are placed on the appropriate e-commerce site seller,
(s) about the compatibility of electronic content with the hardware and software the vendor knows or it is reasonable to expect them to know about them, if appropriate, to inform the person concerned the e - shop catalog of the seller and in these business and claiming conditions that are placed on the appropriate electronic sub-page seller's business,
(t) on the possibilities and conditions for resolving the dispute through an out-of-court way through the system alternative dispute resolution if the vendor has committed to using this information system on the relevant e-commerce catalog page of the seller and in these business and advertising terms that are placed on the appropriate subpage e-commerce of the seller,
(u) the steps necessary to conclude the purchase contract by describing these necessary actions in these business and claim terms, which are placed on the respective e-shop sub-page of the seller,
(v) that the purchase contract will be stored in electronic form at the seller and is the buyer available after the purchaser has requested it in writing on the relevant catalog Seller's e-commerce site and in these business and claim forms conditions that are placed on the appropriate e-commerce site seller,
(w) that the language offered for the conclusion of the contract is the Slovak language informed on of the seller's e-commerce catalog and in these business and advertising terms that are placed on the appropriate subpage e-commerce of the seller.
2.7. If the seller did not meet the information obligation for the payment of additional fees or other charges costs referred to in point 2.6. point. (e) these business and claims conditions or reimbursement of the goods referred to in point 2.6. point. (i) these business and claims the buyer is not obliged to pay these additional costs or fees.
3.The Seller's Rights and Obligations
3.1. Seller is required to:
a) to deliver the goods on the basis of an order confirmed by an acceptance to the buyer in the agreed quantity, quality and time and pack it or equip it for transportation in the way it is needed its preservation and protection,
b) ensure that the delivered goods comply with the applicable Slovak legislation,
c) without delay after the conclusion of the purchase contract but at the latest with the supply of the goods the buyer has a confirmation of the conclusion of a purchase contract on a durable medium, for example via email. The acknowledgment must contain all the information listed in point 2.6. including the withdrawal form from the purchase contract.
d) handed over to the buyer at the latest with the goods in written or electronic form all the documents necessary for the taking and use of the goods and other documents prescribed valid Slovak legislation (Slovak language guides, warranty certificate, delivery note, invoice).
3.2. The seller has the right to a proper and timely payment of the purchase price from the buyer for the delivered the goods.
3.3. If the seller is unable to deliver because of the stock sale or the unavailability of the goods the goods to the buyer within the time agreed in the purchase contract or determined by these business and the claim terms or the agreed purchase price, the seller is liable offer the buyer alternative performance or the buyer's ability to withdraw from the purchase contracts (cancel order). You can withdraw from a purchase contract or cancel an order buyer by delivering an email. If the buyer has already paid the purchase price or part of it, it will return the seller has already paid the purchase price or part thereof within 14 days from the date of delivery of the e-mail the withdrawal from the purchase contract or, cancellation of an order to the buyer on a designated account, unless the parties agree otherwise. If the buyer does not accept within a reasonable time the substitute performance offered by the seller or not withdrawing from the purchase contract is the seller entitled to withdraw from the purchase contract and if the buyer has already paid the purchase price or the buyer the seller is obliged to return the already paid purchase price or part thereof within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.
3.4. The seller reserves the right to cancel the sale prices published at e-shop at any time or introduce any price action. Changes are then binding on all orders
created from the moment of change.
4. Buyer's rights and obligations
4.1. The buyer has been informed by the seller that the order is payable price.
4.2. Buyer is required to:
a) take over the ordered and delivered goods,
b) to pay the seller the agreed purchase price within the agreed maturity period, including the cost of delivery of goods,
c) confirm in the delivery note the taking over of the goods with their signature or signature by the person authorized to do so people.
3.4. The buyer has the right to deliver the goods in the quantity, quality, date and place agreed Contracting Parties.
5.1. Usual availability of the goods with the expiration date is given for each item at
ecommerce website. The seller displays the information in the e-shop
about the usual availability of goods (stock, stock in selected stores, available within 3 days) etc.). However, this information may vary and the seller does not guarantee immediate availability of the goods and services offered at all or some points of delivery or certain modes of transport. The real availability of the goods will be confirmed by the buyer buyer's questions.
5.2. If the seller and buyer do not agree otherwise in the sales contract, the seller is obliged to deliver the case to the buyer without delay, no later than 30 days after the date of the purchase contract. If the seller has not fulfilled his obligation to deliver the case within the time limit specified in the first sentence, the buyer shall
he added the matter provided to him within an additional reasonable period. If the seller does not deliver the item in this additional reasonable period, the buyer is entitled to withdraw from the contract.
5.3. The seller is entitled to invite the buyer to take over the goods even before the expiration of the deadline the delivery of the goods agreed in the purchase contract.
5.4. Viewing merchandise on any ecommerce website that you have
the seller is only illustrative. Weight, dimensions and other product data contained in
catalogs, prospectuses and other sales documents placed on the internet
the seller's e-commerce site is reported by the manufacturer. Color display
shades are also dependent on the quality of the monitor used, other customers
of the used equipment.
5.5. The buyer is obliged to take over the goods at the place of the seller or his agent, to deliver the goods and buyers agreed in a purchase contract or otherwise in
time before the delivery of the goods (hereinafter referred to as "Place"). Buyer is required to take over the goods in the time extent to which the seller or his agent is responsible for delivering the goods, and purchasers agreed in a purchase agreement or otherwise at a time prior to delivery of the goods (hereinafter "Time range").
5.6. If the seller delivers the goods to the Buyer at the Place and in the Time Range, the buyer he is obliged to take over the goods in person or to ensure that the goods are taken over by the person authorized by him / her in case of absence of the goods and sign the purchase payment protocol prices and delivery and delivery of goods. The third person empowered to take over the goods is obliged to submit a copy of the order acceptance to the seller. Goods are deemed to be delivered
taken over when the goods are delivered to the buyer. Delivering goods to the buyer is understood the delivery of the goods to the place, its takeover by the buyer or a third person authorized purchasers and signing a protocol on the payment of the purchase price and the delivery and delivery of the goods buyer or third person authorized by the buyer.
5.7. If the delivery of the goods is to be repeated due to the absence of the buyer at Mieste a in the time range or in the case of a buyer without prior written withdrawal
he / she will not take the goods within 7 days after the mild expiration of the Time Range, he / she will arise the seller is entitled to claim compensation for the damage incurred in the amount of the actual costs an attempt to unsuccessfully deliver the goods to Place.
5.8. The buyer is entitled to check the shipment, ie the goods as well as its packaging immediately after delivery in the presence of the seller's representative. In the event of the existence of a defect in the goods and / or if the consignment is not complete (lower number of pieces of goods or missing ordered goods), the representative of the seller is obliged to allow the buyer to make a record of the scope and nature
defects of goods, the accuracy of which is confirmed by the representative of the seller. Based on this of the written record delivered to the seller may subsequently be rejected by the buyer to take over the delivered goods with defects or to confirm the delivery of the defective goods and subsequently, 8 of these Business and Complaint Terms to claim a defect in goods with the seller or designated person. In case the buyer refuses to take delivery of the goods with any expenses incurred by the seller for the return of the goods to the seller.
5.9. Buyer is entitled in the event that the seller fails to deliver the goods within the time limit specified in point 5.2. of these business conditions to withdraw from the purchase contract and the seller is obliged to return the buyer already paid part of the purchase price within 14 days of delivery of the withdrawal from the purchase
contracts by wire transfer to the purchaser's bank account specified by the buyer.
5.10. Buyers can choose one of the following forms of payment when creating an order:
· Payment of the goods by a payment card in the dispensing place - the buyer will pay the purchase price by credit card via the POS terminal at the chosen delivery point seller. The buyer has to choose the option to pay by credit card at the dispensing location already when creating an order. In some cases, there is no payment by credit card in the dispensing point may be - the buyer is no longer able to make the order system allowed. Payment by credit card in the dispensing place can always be substituted payment in cash.
· Payment of cash for cash on delivery - the buyer will pay the price according to the purchase contract and cash on delivery charge at the delivery address.
· Payment of the goods by credit card payment - the buyer will pay the price according to the purchase contract and a cash payment card upon delivery of the goods. Possibility to pay the cash payment card must be chosen by the buyer when creating an order. In some cases payment on credit card payment is not possible - the buyer has this opportunity already at order creation is not enabled by the system. Payment by credit card payment is can always be replaced by a cash payment.
· Payment of goods by payment card over the internet - fast and secure payment of goods by payment card via the online payment portal operated by the bank (not the seller). This the buyer has to choose the option when creating an order. In some cases it is not payment by payment card - the buyer is no longer able to do this when making orders is enabled by the system.
· Payment of the goods by bank transfer - the buyer will choose this method of payment automatically sent a reimbursement order with the necessary bank details
transfer. After posting the payment on the seller 's bank account (usually up to 2 business days) days) the buyer will be notified of this fact by e-mail and will be sent
ordered goods or service.
· Payment by online bank transfer (TrustPay, PayPal) - Simple and fast on-line
payment by transfer from the buyer 's account via internet banking or homebanking of selected banks; buyer through the TrustPay payment portal redirected directly to homebanking / internetbanking its bank, where it can be customary how to enter a transfer command online. This form of payment is only available to clients
selected banks (Tatra Banka, Slovenská sporiteľňa, VÚB, ČSOB, UniCredit, OTP Bank, Poštová bank, Dexia bank), provided that the buyer has an activated service
internetbanking or homebanking at your bank. Current list of collaborators
Slovak and foreign banks are available at www.trustpay.eu.
· Installment sales through a pay-as-you-go system - more detailed information
and the instructions for the procedure are obtained by the buyer after choosing this form of payment.
5.11. The buyer will be billed for the payment method when making the order, as not all payment methods are available for all modes of transport, dispensing locations or groups of goods – eshop automatically when you place your order, you can only choose the payment method that is in the given configuration is possible.
5.12. The buyer may change the payment method chosen only in agreement with the seller.
5.13. The buyer chooses how to deliver the order when making an order in the e-shop. Available are the following delivery methods:
· Personal collection - the buyer takes the goods personally at the place of business.
· Courier - the seller delivers the item to the buyer via courier1 to the selected
place of delivery the next day after shipment. The item is a courier delivered only during working days. This mode of transport is subject to limitation - the maximum weight of the shipment is up to 120 kg (for pickup up to 50 kg) or in combination
with a payload up to 6,640 EUR.
· Mail - the vendor delivers the shipment as a package through Slovak Post to 3
working days after dispatch of the goods. This mode of transport is limited to shipments to weighing 15 kg. Usually, the buyer will take delivery of the shipment to the nearest delivery post of the given place of delivery. This delivery method is only available for selected shipments.
5.14. The cost of delivering the order to the place specified by the buyer for each mode of transport is depending on the mode of transport chosen, the method of payment for the consignment, type of goods, weight, dimensions and cost of the shipment. Current traffic is calculated online for order placement depending on the above parameters. The general price list is shown in a separate annex to these Terms and Conditions.
6.1. The purchase price for the goods agreed in the purchase contract between the seller and the buyer is stated in the acceptance of the order (the "purchase price"). If the purchase price is stated in the confirmation delivery of an order is higher than the price for the identical goods listed in the electronic offer at the time of sending the order to the buyer, the seller delivers to the purchaser an electronic one
a report with information about offering a new purchase price at a different amount deemed to be a proposal of the seller to conclude a new purchase contract, which must be explicitly confirmed by the buyer by email or in writing, to effect a valid purchase agreement.
6.2. The buyer is obligated to pay the seller the purchase price, including delivery costs in cash, respectively. by credit card upon personal receipt of the goods, by delivery at the point of delivery goods or by wire transfer to the seller's account, as stated in the acceptance orders or on the seller's website in time before the goods are taken over. Buyers can also use the consumer installment loan option.
6.3. If the buyer pays the seller the purchase price by wire transfer per day
payments are considered the day when the entire purchase price was credited to the seller's account.
6.4. Buyer is obligated to pay the seller the purchase price for the agreed goods within the period of purchase contract, but at the latest when the goods are taken over.
6.5. If the buyer does not pay the seller the full purchase price until the moment of delivery to the Place and the parties have not agreed to pay the purchase price for the goods in installments, the seller is entitled to deny the delivery to the buyer.
6.6. Costs associated with assembly and delivery of goods are not included in the purchase price and the seller these services are not required to provide the buyer.
6.7. All quoted price shares are always valid only until stocks are sold out, unless they are specific the product is not stated otherwise.
7. Acquisition of ownership and passing of danger damage to goods
7.1. By taking the goods at the agreed place, ownership of the goods goes to the buyer.
7.2. Danger of damage to the goods goes to the buyer at the time of the buyer or the third the person authorized by the buyer shall take delivery of the goods from the seller or his agent, the person responsible for delivering the goods or, if he does so in time, at the time the seller allows the buyer to dispose of the goods and the buyer will not accept the goods.
8. Complaint Procedure (liability for defects, warranty, claims)
8.1. The buyer may file a claim at any of the vendor's premises in which he is
receipt of a claim possible with respect to the products or services being sold, or u
designated person. The list of designated persons to handle the complaint is given in the appendix hereto GTC (Annex 3), in the warranty card (if issued to the product), on the website seller www.ras-store.eu or on the site the manufacturer concerned.
8.2. The designated person under the previous paragraph can only reclaim the complaint by handing the corrected one product, otherwise the claim will be resold to the seller and will be decided upon by the complainant seller.
8.3. If there is a defect of goods that can be removed, the buyer has the right to be free, on time and properly removed. The seller is required to remove the defect without undue delay. If the claimed defect does not prove or it is proven that it is not a guarantee fault, it will be claim rejected. If the defect is defective and the buyer agrees to a paid repair, the goods will be repaired at the price according to the current valid price list.
8.4. The buyer may request the exchange of goods instead of removing the defect or if the defect is only relevant part of the goods, the replacement of the part, and the seller not incur excessive costs with regard to the price of the goods or the seriousness of the defect.
8.5. The seller may always replace the defective goods as impeccable instead of removing the defect if that is the case the purchaser does not cause serious difficulties.
8.6. If it is a defect of goods that can not be removed and which prevents the goods from being properly to use as a defectless thing, the buyer has the right to exchange the goods or has the right to purchase to withdraw from the contract. The same rights apply to the buyer if the defects are remedied, if however, the buyer can not recover for defects after repairs or for a greater number of defects to use the goods properly.
8.7. In the case of other non-defectable defects, the buyer is entitled to an appropriate discount on the price of the goods.
8.8. The seller instructed the buyer of his rights under the provisions of this Act. § 622 Civil code (Section 8.3 to 8.5 of these General Business Terms and Conditions) order and the rights which result from it. Section 623 of the Civil Code (points 8.6 to 8.7. of these General Terms and Conditions of Complaint) by placing these
The General Business Terms and the Complaint Rules on the relevant subpage
seller's e-commerce and the buyer had the opportunity to read them in time before
by sending an order.
8.9. The seller is liable for defects in the goods in accordance with valid Slovak regulations and the buyer is obliged claim the claim with the seller or designated person. Information on Designated Persons and service points for warranty and post-warranty service are listed on the back of the warranty or provide the seller to the buyer upon request by telephone or via e-mail.
8.10. Complaints handling is covered by the Seller's current Complaint Procedure, 8
these General Terms and Conditions of Complaint. The buyer was right
familiar with the Complaints Procedure and informed of the terms and method of claim including the details of where the claim can be claimed and the performance of warranty repairs in accordance with § 18 par. 1 of Act no. 250/2007 Z. from. on consumer protection and on change of law Of the Slovak National Council no. 372/1990 Coll. on Offenses as amended (hereinafter only "the Law") at the time of the conclusion of the purchase contract by placing these General Business
conditions and the Complaint order on the appropriate e-commerce site seller and buyer had the opportunity to read them before submitting an order.
8.11. The Complaint Order applies to the goods purchased by the buyer from the seller in the form e-commerce on the seller's e-commerce site.
8.12. The buyer has the right to claim liability for the defect of the seller for the goods only goods showing defects for which the manufacturer, supplier or seller is responsible, it is covered by the warranty and was purchased at the seller.
8.13. If the goods are defective, the buyer has the right to file a claim at the vendor's premises in accordance with § 18 par. 2 of the Act by delivering the goods to the vendor's office and delivering it to the seller of the will of the buyer to exercise his right under points 8.3. to 8.7. these The General Terms and Conditions and the Complaints Procedure (hereinafter referred to as the "claiming a claim "). in the form of a completed claim form is placed on the appropriate e-commerce sub-site of the seller. Seller recommends to insure the goods when sending it for a claim. Payments to the vendor accepts. The Buyer is required to state all in the Claim Notice
the required information, in particular the exact type and extent of the defect of the goods; buyer at the same time shall indicate which of its rights under § 622 and 633 of the Civil Code apply. The buyer has the right to file a complaint also with the person authorized by the manufacturer of the goods for execution
(hereinafter referred to as the "Designated Person"). The list of designated persons is listed in the warranty or send it to the buyer at the request of the seller.
8.14. A goods complaint that can be delivered to the seller begins on the day when
all the following conditions are cumulatively met:
a) the delivery of the Notice of Claiming to the Seller,
b) the delivery of the goods claimed by the buyer to the seller or designated person,
c) delivery of access codes, passwords, etc. to the seller, if any these data are necessary for the proper handling of the claim;
8.15. If the claim is a product that can not be delivered objectively to the seller or seller the purchaser is, in addition to complying with the conditions under points 8.14. a) and c) of these General Terms and Conditions of Complaint and the Complaint Order is obligatory to provide any necessary cooperation to conduct a survey of the claimed goods by the seller or third party designated by the seller. Complaint relating to goods that can not be obtained objectively delivered to the seller, or which is firmly embedded, begins on the day it was the inspection of the goods according to the first sentence. However, the seller or third party designated by him / her the person, despite the necessary cooperation provided by the buyer, does not ensure execution within a reasonable time, but not later than 10 days after the receipt of the Application Notice complaints to the seller, the claim proceeding begins on the day of delivery of the Notification of claiming the claim to the seller.
8.16. The seller or designated person issues the buyer with a receipt to claim the goods in a suitable form chosen by the seller, e.g. in the form of an e-mail or in a written form, v who is obligated to accurately identify the defects complained of and once more instructs the consumer about his rights resulting from paragraph 8.3. to 8.5. of these business and claims terms (Section 622 of the Civil Code) and the rights resulting from Section 8.6. to 8.7. these commercial and claims conditions (Section 623 of the Civil Code). If there is a complaint applied by means of distance communication, the seller is obligatory Receive a receipt confirmation to the buyer immediately. if it is not possible to confirm delivered immediately, it must be delivered without undue delay, but at the latest with the provision of complaints; a claim confirmation does not have to be delivered if the buyer is the possibility to prove the claim in another way.
8.17. The buyer is entitled to decide which of his rights, § 622 and ust. § 623
Of the Civil Code, and at the same time it is obliged to immediately inform about its
to deliver the decision to the seller. Based on buyer's decision, which of his rights
in the sense of art. § 622 and ust. § 623 of the Civil Code is applied by the seller or designated the person obliged to determine the way of claiming the complaint according to the regulations. § 2 písm. m) Act immediately, v more complex cases within 3 days from the beginning of the complaint procedure, in justified cases,
in particular where a complex technical assessment of the state of the goods is required no later than 30 days after the date the beginning of the complaint procedure. After determining the way the claim is resourced, the seller or
the designated person shall prompt the complaint immediately, in justified cases the complaint may be rectified and later. However, the claim may not be longer than 30 days from the date of application complaint. After the expiry of the complaint time, the consumer has the right to contract to withdraw or has the right to exchange goods for new goods.
8.18. If the buyer has claimed the goods during the first 12 months of the purchase contract, the seller may dispose of the complaint by refusing only on the basis of an expert 's or an opinion issued by an authorized, notified or accredited person; or
(hereinafter referred to as "expert assessment of goods"). Regardless of the outcome
professional judgment, the seller can not claim the cost of the buyer
expert judgment of the goods or other costs related to the professional assessment of the goods.
8.19. If the buyer claimed the product after 12 months from the conclusion of the purchase contract, and the seller has denied it, the person who has reclaimed the complaint is required in the Equipment Document complaints to indicate to whom the buyer can send the goods for expert judgment. If the buyer goods will send the expert judgment to the designated person listed in the proof of equipment claim, costs professional assessment of goods as well as all other related expen- diture expensively incurred bears the seller irrespective of the outcome of the professional judgment. If buyer expert assessing the Seller's liability for the alleged defect of the goods, may reapply the claim; during the performance of the expert judgment, the warranty period not run. The seller is obliged to pay the buyer within 14 days of the day re-applied complaints of all costs incurred in the professional judgment of the goods as well as all of them related expen- diture. The reclaimed claim can not be denied.
8.20. The warranty does not apply to defects that were notified to the buyer at the time of signing the contract or ought to have been aware of it in the light of the circumstances of the contract.
8.21. Seller reserves the right to replace defective goods for other impeccable goods with the same or better technical parameters if the buyer does not cause serious difficulties.
8.22. Seller is not responsible for defects in goods:
a) if the buyer has not exercised his right relating to the seller's liability for defect of the goods until the end of the warranty period of the goods,
b) if the defective goods are mechanically damaged by the buyer,
c) where the defect is caused by the use of the goods under conditions which do not correspond to their own intensity, humidity, chemical and mechanical effects of the natural environment of the goods,
d) if the defect is caused by improper handling, servicing or neglect care for goods,
e) where the defect of the goods arises from damage to the goods by excessive loading or use in contravention of the conditions stated in the documentation or general principles of the customary use of goods,
f) where the defect is caused by damage to the goods by non-returnable and / or unforeseeable circumstances events
g) if the defect of the goods resulted from the damage of the goods by accidental destruction and accidental deterioration,
h) if the defect was caused by unprofessional interference, damage by water, fire,
atmospheric electricity or other power of power,
i) where the defect is caused by an interference with the goods to the unauthorized person. If the shipment is not complete or in the case of an obvious defect which the buyer could have detected by inspection consignments on delivery of the goods and which he did not immediately notify the seller to the seller accordance with point 5.8. these Complaint and Business Terms, and later complaints this type will only be recognized if the buyer proves that the defects complained of had already been in the goods the time of its takeover by the buyer.
8.23. The seller is obliged to provide a complaint and terminate the claim by one
from the following ways:
a) handing over the repaired goods,
b) the exchange of goods,
c) by returning the purchase price of the goods,
d) payment of an appropriate discount on the price of the goods,
e) a written request for the seller to receive the specified performance,
f) a reasoned rejection of the goods claim.
8.24. The seller is required to determine the equipment of the claim and to furnish the claim Buyer must issue a written document no later than 30 days after the date of the claim personally, through a postal or courier provider or a delivery service provider. About the seller will inform the buyer immediately after the outcome of the complaint terminate the complaint by telephone or email, and will be accompanied by a goods, respectively. by e-mail receipt of proof of equipment.
8.25. The warranty period is 24 months from the date of delivery of the goods, unless it is for specific cases specified warranty period other.
8.26. The warranty period is extended by the time the buyer could not use the goods because of the reason warranty repair of goods.
8.27. In the case of a replacement for the new one, the buyer will receive a document stating it information about the exchange of goods, and any further claims, if any, are applied on a purchase basis contract and this claim document. In case of replacement of the goods, the warranty will begin to run time from taking over new goods, but only for new goods.
8.28. As far as a removable defect is concerned, the complaint will be provided depending on the decision purchaser in accordance with point 8.17. of the following Complaint and Trade Conditions way:
a) the seller shall ensure the removal of the defect, or
b) Seller sells defective goods.
8.29. Regarding the removable defect and the buyer does not determine immediately according to point 8.17. these complaints, terms and conditions, how the complaint should be provided, Seller resells the complaint by removing the defect.
8.30. If there is a defect that can not be removed or one repeated several times
a removable defect, or a greater number of removable defects that prevent it from doing so the goods could be properly used as defective, the vendor will rely on the decision purchaser in accordance with point 8.17. of these Complaints and Trade Claims as follows:
a) by exchanging goods for other functional goods of the same or better technical parameters,
or
b) if the seller can not exchange the goods for another, he shall provide a complaint
by returning the purchase price for the goods.
8.31. If there is a defect that can not be removed or one repeated several times
a removable defect, or a number of different removable defects, so that the goods can be properly used as defective and the Buyer does not promptly determine the Buyer under 8.17. these complaints and business conditions, how the complaint should be provided, sells a claim by exchanging goods for other functional goods of the same or better technical parameters.
8.32. Complaint equipment only applies to the defects listed in the Claim Notice and
in the confirmation of claiming the goods under 8.16. of these and
business conditions.
8.33. For reclamation purposes, the occurrence of one is considered as a multiple deleterious defect removable defects more than two times.
8.34. For the purpose of claiming, the occurrence is more than a number of miscellaneous deleterious defects three different removable defects at the same time.
8.35. Buyer's entitlement to claim a defect claim is after he has taken advantage of his right and has requested the seller to remove the defect of the goods pursuant to Section 8.3. these complaints and commercial terms and conditions irrespective of the outcome of the claim it is no longer eligible for the same unique defect (not a defect of the same kind) apply repeatedly.
8:36. The provisions of Art. 8 of these terms and conditions of business expressly do not apply for entities not complying with the consumer definition set out in § 2 písm. a) of the Act.
8.37. Seller is not responsible for the loss or misuse of digital data that is on
data carriers that are part of the claimed goods and are not even obligated to their buyer give back. No damage can be claimed.
8.38. The seller has the right to refuse to accept the goods for the complaint procedure if the goods claimed or its components are disproportionately polluted or do not meet the basic prerequisites for hygienically safe equipment for complaints.
8.39. If the consumer is not satisfied with the way the seller has rectified his complaint or if he / she considers the seller to have violated his / her rights, he / she has the option to contact seller with a request for redress. If the seller responds to a request for redress refuses or does not respond within 30 days of the date of dispatch, the consumer has the right to submit a proposal to initiate an alternative solution to its dispute pursuant to § 12 of Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments some laws.
8:40. Appropriate entities for alternative dispute resolution of consumer disputes with the seller Red Orchestra s.r.o., is Slovak Trade Inspection Dolná 46, Banská Bystrica 1 www.soi.sk or other relevant legal person registered in the list of alternative entities Dispute Settlement by the Ministry of Economy of the Slovak Republic (list is available at http://www.mhsr.sk); the consumer has the right to choose which one alternative consumer dispute resolution.
8:41. The consumer may use the platform for submitting a proposal for an alternative dispute resolution dispute resolution online, which is available on the website http://ec.europa.eu/consumers/odr/.
8:42. The warranty does not apply to the natural wear of the goods or parts used in accordance with them with their technical designation, in particular the intended service life - printheads, inkjet and inkjet printers toner cartridges, drum units, bulbs, batteries, glass and rubber parts, periodically changed parts, service packs, and the like. By expiration of the specified lifetime warranty for the goods
expires. Prophylactic checks, prescribed maintenance and recommended operating
care is not part of the free warranty service. In case of software purchase,
including preinstalled software, the warranty applies exclusively to the readability of the media, to of which the software is delivered. Removing protective features (foil, seal, opening envelope) or by using an access password, and so on. the buyer becomes an eligible user software product, accepts the license terms of the software contractor and enters into direct legal relationship with the software developer regarding rights and obligations contractor and user of the software product concerned.
8:43. The warranty also does not cover defects that have arisen:
· Mechanical damage to the goods
· Unauthorized interference and changes in the goods made by the operator or third party person
· Improper use or operation of the goods inconsistent with the operating instructions and / or training on installation and / or neglect of the prescribed care of the goods or use contrary to general principles
· Using goods under conditions that do not match their temperature, dust,
humidity, chemical and mechanical effects of the environment specified by the manufacturer In a way incompatible with technical standards or safety regulations
valid in the SR
· Overload, overload, overuse
· Using inappropriate consumables or software; accessory
· Fire, lightning, atmospheric or static electricity, water, heating, falling,
mechanical damage due to external influences, voltage fluctuations in the el. network and others inevitable events
· In the case of a telecommunication device, the line on which the device is connected is faulty
· Virus introduced by buyers, using illegal or unauthorized software.
8:44. The warranty also does not apply to:
· Goods that can not be removed, destroyed or stolen from identification
to identify the goods whose sale was the subject of a contract of sale
· Accessories and accessories if they are not the subject of a claim or any data files,
applications installed in the claimed product, the seller is not required to do this
exchange or back up
· Direct or indirect damage caused by data loss, destruction or unavailability
8:45. In the case of non-receipt of the claimed goods within 60 days of the filing date of the complaint, it is the seller, pursuant to Section 656 of the Civil Code, is entitled to charge the amount for storage in 1 EUR / day for goods up to 10kg and 2 EUR / day for other goods. After 180 days the seller discards the unresolved claim without refund.
8.46. Off-the-shelf service includes the supply of consumables, spare parts, repair and device maintenance. Out-of-service service is also considered as maintenance maintenance and prophylactic a check on the facility within the warranty period. Non-warranty service is a paid service.
8:47. Location of fault and / or device diagnosis after the warranty period before repairs, repassion, and so on. the toll-free service is € 20 with VAT per hit. In case of
the device will be reimbursed after the fault has been repaired or repaired
services and goods associated with repair or maintenance. Diagnosis is in this case
Free. In case of service intervention performed directly at the customer, the traffic is generated costs charged separately. Payment for device diagnostics is paid in advance.
9. Personal data and their protection
9.1. The parties agree that the buyer, if he is a natural person, is obliged to report
seller in his / her order his / her name and surname, address of permanent residence including postcode, phone number and email address.
9.2. The parties agree that the buyer is obliged to notify if he is a legal person
to the seller in his order his business name, address of the registered office including postal code, company ID, number phone and email address.
9.3. Buyers can review and change personal data at any time, as well as cancel them
your registration after logging in to the ecommerce website.
9.4. The seller hereby notifies the buyer that, § 10 par. Article 3 b) of Act no.
122/2013 Z.z. on the Protection of Personal Data and on Amendments to Certain Acts, as amended ("ZnOOÚ"), the seller as an operator will be in the process
concluding a purchase contract to process the buyer's personal data without his consent as the party concerned persons, since the processing of the buyer 's personal data will be performed by the vendor in pre-contractual relationships with the buyer and the processing of the buyer's personal data is necessary for performance from a purchase contract in which the buyer acts as one of the contractual parties parties.
9.5. The buyer can indicate his / her consent by ticking the box before submitting the order in the sense of art. § 11 par. (1) of the Act to process and preserve the personal data of the seller, in particular those mentioned above and / or which are necessary for the activities of the vendor regarding information about new products, discounts and offers on offer goods and processed them in all of its information systems relating to it sending information about new products, discounts and actions on the goods offered.
9.6. The seller undertakes to treat and handle the buyer's personal data
in accordance with the applicable Slovak legislation.
9.7. The Seller declares that, in accordance with § 6 ods. Article 2 c) ZnOOU personal data will be collected solely for the purpose stated in these business and claims terms.
9.8. The Seller declares that for purposes other than those listed in these General Business conditions and complaints, will always collect personal data based on buyer's consent, while ensuring that the personal data are processed and used
exclusively in a manner that is consistent with the purpose for which they were collected and will not be associated with them
personal data obtained for the purpose of fulfilling the purchase contract.
9.9. The Buyer grants the Seller the consent under paragraph 9.5 of these Complaints and Trade Marks of fixed-term terms until the purpose of processing the buyer's personal data. The seller for fulfilling the purpose of the processing ensures the immediate removal of personal data buyer. Consent to processing of personal data may be revoked by the buyer at any time in written form. The consent shall expire within one month of receipt of the withdrawal of consent buyer to the seller.
9.10. The buyer will be prompted to send the order by checking the box before shipping orders confirmed that the seller was sufficiently, comprehensible and unchangeable in the manner notified:
a) their identification data as referred to in points 1. These business and claims
conditions
b) the third party identification data, which the company delivers to the purchaser
goods such that these are listed in the
c) the purpose of the processing of personal data which is the conclusion of a purchase contract between the seller and the seller; buyers
d) he / she will process the personal data of the buyer in the scope of his / her name and surname, permanent address including postal code, telephone number and email address if the buyer is a natural person and in business name, address, including postcode, company ID, phone number and email address if applicable
the buyer is a legal person,
e) that the requested personal data is obligated to provide the buyer,
f) that personal data may be transferred to a third country for the purpose of processing and sending the order to the buyer.
g) the retention period of personal data is 3 years
9.11. The seller declares that he will process personal data in accordance with good morals and will act in a way that is not in conflict with the ZnOOU or other generally binding legal regulations nor will they be bypassing them. The seller declares that the consent of the person concerned will not be to enforce and not to condemn the threat of denial of a contractual relationship, service, goods or the obligations imposed on the seller.
9.12. The buyer has the right, upon written request, to require the seller
a) confirmation that personal data relating to his or her person are processed or not,
b) the purpose of the processing of personal data,
c) in a generally comprehensible form of information on the processing of their personal data
in the information system and its status within the scope of:
(1) identification details of the seller and the seller's representative, if appointed,
(2) the intermediary's identification data; this does not apply if the seller is collecting
personal data does not proceed according to § 8 ZnOOÚ,
d) in a generally understandable form, accurate information on the source from which his personal was acquired data for processing,
e) in a generally understandable form, the write-off of his personal data which is the subject matter processing,
f) supplementary information, taking into account all the circumstances and conditions of processing personal data necessary for the buyer to guarantee his or her rights and rights interests in particular
(1) a statement of the willingness or obligation to provide the required personal data; if the seller acquires the buyer's personal data under the buyer's agreement under § 11 ZnOOU shall also notify the buyer of the validity of the consent and, if the buyer is obliged to provide personal data resulting from a directly enforceable legally binding act The European Union, the international treaty to which the Slovak Republic is bound, or of the Act, the seller shall notify the buyer of the legal basis to which the buyer is entitled the obligation to impose and inform the buyer of the consequences of the refusal to provide personal information,
(2) information about third parties if it is presumed or is obvious that they will be personal data provided,
(3) the circle of beneficiaries, if it is foreseen or is obvious that they will be personal data made available;
(4) form of publication, if personal data are to be disclosed,
(5) third countries, if it is foreseen or obvious that they will take place in these countries transfer of personal data,
g) correcting his or her incorrect, incomplete or out-of-date personal data
subject of processing,
h) the liquidation of his or her personal data if the purpose of their processing has been fulfilled; if they are the subject the processing of official documents containing personal data may request their return,
(1) the liquidation of his or her personal data which is the subject of processing if the breach has occurred Or other valid legislation of the Slovak Republic.
9.13. The Buyer, upon a free written request, has the right to object to the Seller against:
a) the processing of his or her personal data that they suspect are or will be processed for the purposes of direct marketing without his consent and requesting their liquidation,
b) the use of the personal data referred to in Section 10 Article 3 (d) for the purposes of direct marketing in mail order, or
c) the provision of personal data referred to in Section 10 Article 3
d) for the purposes of direct marketing.
9.14. Buyer has the right to object to the seller at a free written request
the processing of personal data in cases pursuant to Section 10 Article 3 a), e), f) or g) ZnOOU by giving valid reasons or by providing evidence of unauthorized interference in its rights and the rights of the protected interests that are or may be in a particular case such processing of personal data is impaired; if not justified by legal reasons, and it is proved that the buyer's objection is justified, the seller is obliged to provide personal data, which the buyer has refused to process, without undue delay blocking and disposal immediately, as circumstances allow.
9.15. The buyer, at the written request or personally, if the case does not delay the deferment, is further entitled to seller at any time to object and not to make a decision to the seller that would has a legal effect or a significant impact on it if such a decision is issued solely on based on the automated processing of his or her personal data. Buyer has the right ask the seller to review the issued decision by a method different from automated form of processing, and the seller is required to buy the request so that the decisive role in the review of the decision will be justified
person; on the method of review and the result of the finding, the seller informs the buyer within the time limit according to par. 9.18. of these Terms and Conditions. The buyer does not have this right only if it does provides for a special law in which arrangements are made to ensure the right the interests of the buyer, or if under pre-contractual relationships or during existence contractual relationship, the seller has issued a decision to satisfy the buyer's request, or if the seller has taken other reasonable security measures under the contract interests of the buyer.
9.16. If the buyer exercises his / her right in writing and the content of his / her application indicates that he / she is exercising his / hers law, the application shall be deemed to have been filed under this Act; request submitted electronically by post or fax, the purchaser will deliver in writing within three days of the date of dispatch.
9.17. If the buyer suspects that his or her personal data is being tampered with, he or she may do so the Office's notification of personal data protection. If the buyer is not legally qualified acts in its entirety, its rights may be exercised by a legal representative.
9.18. Seller is obligated to provide in writing the Buyer's request under this Art. of these business and the claim conditions, respectively. meet Buyer's requirements under ZnOOU and in writing notify it at the latest within 30 days of receipt of the request or request.
9.19. Restriction of Buyer's Rights under Section 28 2 ZnOOU vendors immediately in writing it shall inform the data subject and the Office of the protection of personal data.
9.20. The seller hereby notifies the purchaser that, in accordance with § 15 par. (1) (e) points 3 and 4 ZnOOU in processing the buyer's personal data is assumed to be personal data purchaser will be provided and made available to the following third parties, respectively circuit of the beneficiaries: Slovenská pošta, and. with. , Partizánska cesta 9, 975 99 Banská Bystrica, IČO: 36 631 124, registered in the Commercial Register of the District Court of Banská Bystrica, Section Sa, Insert č.803 / S and Russian Post Address: 131000, Moscow, Warsaw highway, 37 Tel .: +7 (495) 956-20-67 Fax: +7 (495) 956-99-51 8 800 2005 888 (free call) client@russianpost.ru.
9.21. Seller's e-commerce information systems are subject to oversight by the responsible person persons within the meaning of Act no. 122/2013 Z. z. on the protection of personal data.
10. Withdrawal from the purchase contract
10.1. If the seller can not fulfill his obligations under the purchase contract due to the reason stock sales, unavailability of goods, or if the manufacturer, importer or supplier of goods agreed in the purchase contract interrupted the production or made such major changes that make it impossible to carry out the seller's obligations under the purchase contract or from reasons of force majeure, or even when all the efforts that can be made from it to be fair to demand is not able to deliver the goods to the customer within the time specified by them
business terms or the price stated in the order, the seller is obliged to immediately inform the buyer about this fact and is obliged to offer it
the buyer's substitute performance or the option for the buyer to withdraw from the purchase contract (cancel order). In case the buyer withdraws from the purchase contract due to reasons referred to in this point of these Complaint and Trade Conditions, is the seller obliged to return to the buyer the already paid deposit for the goods agreed in the purchase contract within the time limit 14 days from the notice of withdrawal by transfer to the account specified by the buyer.
10.2. The buyer is entitled to withdraw from the purchase contract without giving any reason in accordance with § 7 et seq. Of Act no. 102/2014 Z.z. on the Protection of the Consumer in the Sale at a Distance (hereinafter referred to as the "Act")
consumer protection in the case of distance selling "within 14 days of taking over the goods, respectively. from the day the conclusion of a service contract or a contract for the provision of electronic content not delivered on the mass media, and if the seller has fulfilled the information obligations on time and properly according to the regulations. § 3 of the Act on the Protection of Consumers in the Sale at a Distance.
10.3. The buyer has the right within this time limit to unpack the goods and try the same in the way it is customary to buy in a classic "stone" shop, to the extent
necessary to ascertain the nature, characteristics and functionality of the goods.
10.4. The withdrawal period begins on the day the buyer or the third party determines it the person except the carrier takes over all parts of the ordered goods or if he / she does
a) the goods ordered by the buyer are delivered in a single order separately from the date of receipt goods which have been delivered as the last,
b) supplies goods consisting of several pieces or pieces from the date of the last one
part or last piece,
c) supplies the goods repeatedly for a fixed period from the date of the contract
receipt of the first delivered goods.
10.5. The buyer may withdraw from the purchase contract, the subject of which is the purchase of goods even before commencement the expiration of the withdrawal period.
10.6. The buyer must withdraw from the contract in writing in a non-exculpatory manner any doubts that the contract has been withdrawn, or in the form of enrollment on another durable basis or by means of the form set out in Annex. 1 of these business and claims conditions. The withdrawal period shall be deemed to be maintained if the notice of withdrawal from the contract was sent to the seller at the latest on the last day of the term according to the provision. § 7 par. 1 of the Act on the Protection of Consumers in the Sale at a Distance.
10.7. Withdrawal from the purchase contract according to the preceding point of these trades and the terms of claim must include the information requested in the withdrawal form from the purchase contract, which forms Annex no. 1 of these Business and Complaint Terms, in particular the identification of the buyer, the number and date of the order, the exact specification of the goods, the seller has to return the already accepted performance, in particular the account number and / or postal address buyer.
10.8. If the buyer withdraws from the purchase agreement, each supplementary contract is also abolished from the start relating to the purchase contract from which the buyer resigned. Buyer can not request any costs or other payments in connection with the cancellation of an ancillary contract except reimbursement of costs and payments referred to in § 9 par. 3, ust. § 10 par. 3 and 5 of the Protection Act consumer when selling at a distance and service charges if the service is the subject of a contract and full service was provided.
10.9. Buyer is obliged to do so without undue delay, but not later than within 14 days of the day withdraw from the purchase contract to return the goods back to the operator's address or to him handed over to the seller or person authorized by the seller to take over the goods. That does not apply, if the seller suggested he or she should pick up the goods personally or through it people. The time limit according to the first sentence of this section of these business and claims terms is shall be preserved if the goods have been shipped for shipment at the latest on the last day of the period.
10.10. Buyer is required to deliver the complete goods to the seller including the complete one documentation, undamaged, if possible in original packaging and unused.
10.11. It is recommended to insure the goods. Shipments do not take delivery to the seller. The seller is
without undue delay, no later than 14 days from the date of delivery of the notice of
withdrawal from the contract to return to the buyer any payment received from him on the basis of the purchase or in connection therewith, including shipping, shipping and postage, and others costs and fees. The seller is not obligated to refund the buyer under this point of these business and claim conditions prior to receiving the goods or until the buyer proves the return of the goods back to the seller, unless the seller suggests that the goods shall be picked up in person or by a person authorized thereby.
10.12. The buyer shall bear the cost of returning the goods to the seller or the person in charge seller to take over the goods. This does not apply if the seller agrees to bear it himself or if he has not fulfilled the obligation under Section 3 (1) i) of the Consumer Protection Act selling at a distance.
10.13. The buyer is only responsible for the diminished value of the goods that arose as a result of such treatment of goods, which goes beyond what is necessary for the detection properties and functionality of the goods. The consumer is not responsible for the diminished value of the goods if you do the seller has not complied with the information obligation on the right of the consumer to withdraw from the contract pursuant to § 3 ods. (1) h) of the Act on the Protection of Consumers in the Sale at a Distance.
10.14. The seller is obliged to return the purchase price to the buyer in the same manner as the buyer the buyer has used his payment, unless the buyer agrees to another refund without incurring additional charges to the buyer in this respect.
10.15. In the event that the buyer withdraws from the contract and delivers to the seller the goods that are used, damaged or incomplete, the buyer undertakes to pay the seller:
a) the value by which the value of the goods has been reduced in accordance with Section 457 of the Civil Code v the actual amount
b) the costs incurred by the seller in repairing the goods and putting them in
of the original condition, calculated according to the post-warranty service price list.
The Buyer is required to pay, under this Complaint and Trade Terms
seller to the maximum amount of the difference between the purchase price of the goods and the value goods at the time of withdrawal from the purchase contract.
10.16. In accordance with § 7 par. 6 of the Consumer Protection Act for distance selling to buyers can not withdraw from the contract, which is subject to:
a) the sale of goods made in accordance with the specific requirements of the consumer, the goods tailor-made or custom-made goods for a single consumer,
b) the sale of goods contained in a protective packaging which is not suitable for return health or hygiene reasons and whose protective packaging has been delivered
broken,
c) sale of phonograms, video recordings, sound recordings, books
or computer software sold in the protective packaging, if the consumer is the packaging unwrapped,
d) providing electronic content other than on a mass media if its
the provision has begun with the express consent of the consumer and the consumer has declared it to have been duly informed that, by expressing such consent, he / she loses the right to resign from contract.
e) the sale of the goods which was in the period after the conclusion of the contract and the receipt of the goods from the seller to the buyer assembled, assembled or used in such a way as to re-sell it re-selling to the seller is not possible without incurring increased costs efforts and increased costs.
10.17. The provisions of Art. 10 of these business and claim terms expressly do not apply for entities not complying with the consumer definition set out in § 2 písm. a) Act no. 102/2014 Z. from. on consumer protection in the case of distance selling (eg business entities). In this way the case is withdrawn from the purchase contract according to the buyer's individual agreement and the seller, if such an agreement is concluded.
10.18. Seller is not responsible for the loss or misuse of digital data that is on
data carriers that are part of the returned goods and are not even obliged to return them to the buyer.
11.1. In case the purchase contract is concluded in writing, any change must be made written form.
11.2. The parties have agreed that the communication between them will be in the form of email reports.
11.3. Relationships not governed by these business and claims terms apply
the relevant provisions of the Civil Code, Act, Act no. 22/2004 Z.z. about
electronic commerce and amending Act no. 128/2002 Z.z. about state control
internal market in consumer protection matters and on the amendment of certain laws in the Community the text of Act no. 284/2002 Z.z. as subsequently amended and Act no. 102/2014 Z.z. About consumer protection when selling at a distance.
11.4. These business and claim terms become effective against the buyer by closing
purchase contract.
11.5. The buyer will be prompted to send an order to confirm that it is checked by ticking the box with these business and complaints, he read them, read them, understood them content and agree with them in their entirety.