1. General Provisions
These Business and Complaint Terms govern the rights and obligations of the parties arising out of a purchase contract concluded between a seller, such as Mobilonline, sro, with registered office at M. Rázusa 13, Company ID: 44547722 (hereinafter referred to as "seller") and to buyer whose subject is the purchase and sale of goods on the seller's e-shop website. The products offered by the seller come either from official a distribution, from distribution from other EU member countries, or from final consumers through their purchase.
Contact details of the Seller:
mobil online s.r.o., with registered office at M.Rázusa 13 Slovensko, Company ID: 44547722 Tax Identification Number: 2022734318, VAT No .: SK 2022734318
Address:M. Rázusa 13
Phone: +421 940 600 100
E-mail: info@mobilonline.sk
- These Terms and conditions, as in force from the day of the conclusion of the purchase contract, are an inseparable part of the purchase contract. In the case that the Seller and the Buyer shall conclude a written purchase contract, in which they settle conditions different from this Terms and conditions, the provisions of the purchase contract will be preferred before these Terms and conditions. This agreed terms shall not be in conflict with other legislation (a shortened period of a product complaint, warranty period etc.)
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The contracting parties have agreed that the contract concluded between Seller and the buyer will be governed in its entirety by the provisions and legal order of the Slovak republic.This is without prejudice to the rights and protection of the consumer(buyer),which provide him with such provisions,that cannot be derogated by law, which would be in the absence of choice of law based on article 6 par.1 the European regulation of the Parliament and the Council number (ES) č. 593/2008on the applicable law for contractual obligations (Rome I) is applicable.
- The Additional contract, for the purposes of these Terms and conditions, is understood as a contract, on the basis of which the Buyer gets the product or the service is provided to him, which is related with the subject of the purchase contract, if the product is supplied or the service provided by the Seller or the third party based on their agreement.
- The stated purchase price of the product on any webpage of the e-shop, which is operated by the Seller, is VAT included in the amount set by in-force laws of the Slovak Republic and do not include the price of the product transportation or other optional services. All discounts applies until stocks are exhausted, unless stated otherwise for the concrete product.
- The Seller reserves the right to change the price of the product on any webpage of the e-shop, which is operated by the Seller, at any time. The change of the purchase price of the product shall not apply on purchase contracts closed before the change of the price, regardless of the fact that the product had not been delivered yet.
- In the case that the Seller fails to meet his obligations stated in the in-force laws of the Slovak Republic or European Communities or steted in this Terms and conditions, the Buyer can apply his right to use a competent court against the Seller.
2. The way of the conclusion of the purchase contract
- A proposal for the conclusion of the purchase contract is sent by the Buyer to the Seller in form of a filled form on the website of the Seller, by which he sent a proposal to the conclusion of the purchase contract, subject of which is a payment transfer of the owner right of the product, which is marked by the Seller, for the purchase price and under conditions, stated in this order (hereinafter „order“).
- Then, after sending the order, the Buyer gets an automatic notification on his e-mail adress about delivery of the order to the electronic system of the Seller (hereinafter „delivery of the order“). If needed, any other information about the order can also be sent on the e-mail adress of the Buyer.
- The delivery of the order contains information about that the order has been delivered to the Seller but it is not an acceptance of a proposal for the conclusion of the purchase contract.
- Then, the Seller shall send information about an acceptance of the order (hereinafter „acceptance of the order“), to the e-mail adress of the Buyer. The acceptacne of the order contains information about name and specifications of the product, which sale is the subject of the purchase contract, further information about the price of the product and/or another services, information about estimated delivery time of the product, name and information about the place, where the product shall be delivered and information about eventual price, conditions, manners and deadline of the product´s transportation to the agreed place of delivery to the Buyer, information about the Seller (business name, CRN, the number of the entry in the Commercial Register, etc.), eventually, other needed information.
- The purchase contract is concluded via delivery of the acceptance of the order in electronic or written form to the Buyer.
- The Seller shall inform the Buyer in a clear, unambiguous, intelligible and unalterable manner before sending the order about pre-contract information about complaint, payment, bussines, tresport and other terms, so:
a) about main features of the product or character of the service in a range adequate to used mean of communication and the Seller has informed about the product or the service on the relevant webpage of his e-shop,
b) about business name and place of the Seller, the Seller has informed on the relevant sub-webpage of his e-shop and in article 1 of this Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- c) about Seller´s telephone number and about other data, which are important for contacting the Seller, include address of his e-mail and fax number, if he has them, the Seller has ifnormed on the relevant sub-webpage of his e-shop and in the article 1 of this Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
d) about the address of the Seller, where the Buyer can claim the product or the service, file a complaint, or another intiative, the Seller has informed in the article 1 of this Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
e) about the total price of the product or the service, including VAT and other taxes or, if it is impossible to determine a correct price of the product or the service because of its character, about the manner in which it is calculated, and also costs of transportation, delivery, postage and other costs and fees, or if this costs and fees cannot be determinated in advance, about that the Buyer shall be obligated to pay them, the Seller has informed on the relevant catalog site of his e-shop,
- f) about payment terms, delivery terms, deadline, to which the Seller shall deliver the product or provide the service, about information about the application procedure of claims and handling with them, complaints and incentives from the Buyer, the Seller has informed in the relative articles of this Terms and conditions, which are placed on the relative sub-webpage of his e-shop,
g) about information about the right of the Buyer to withdraw from the purchase contract, about terms, deadline and procedure during application of the right to withdrawal from the purchase contract, the Seller has informed in the article 10 of these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- h) about providing of the form for the withdrawal from the purchase contract, the Seller has informed in the article 10 and in the attachment of these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop; at the same time, the Seller has provided the form for the withdrawal from the purchase contract itself in the attachement of these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- i) about the information that if the Buyer withdraws from the purchase contract, he shall pay costs related to returning the product to the Seller according the § 10 par. 3 Act no. 102/2030 Z.z. of the Consumer Protection Act on selling a product or providing a service based on a contract closed at a distance or based on a contract closed outside the place of business of the Seller and about change and addition of some acts,
- j) about circumstances, under which the Buyer loses his right for withdrawal from the purchase contract, the Seller has informed in article 10 of these Terms and condition, which are placed on the relevant sub-webpage of his e-shop,
- k) about instruction related to liabillity for damage of the product or the service according § 622 a 623 of the Civil Code, the Seller has informed in the article 8 of these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- l) about existence and details of the warrancy provided to manufacturers or sellers according to stricter principles according § 502 of the Civil Code, if a manufacturer or a seller provides so, as well as information about existence and terms of services provided to the Buyer after selling the product or providing the service, if such service is provided, the Seller has informed on the relevant catalog webpage of his e-shop and in the article 9 of these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- m) about existence of respective Code of Conduct, which the Seller committed to adhere, and about a manner, through which the Buyer can get to know it or earn its wording, the Seller has informed on the relevant catalog webpage of his e-shop,
- n) about the duration of the contract in the case, that it is a term contract; when it is a contract for an indefinite period or with automatically extended duration, also an information about terms of withdrawal from such a contract, the Seller has informed on the relevant catalog webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- o) about minimal duration of the Buyer´s obligations rising from the purchase contract, if there is any such obligation, the Seller has informed on the relevant catalog webpage of his e-shop and in these Terms and conditions,
- p) about the obligation of the Buyer to pay a deposit or provide other financial backup on a request from the Seller and about terms which are related to such provision, if such obligation rises from the purchase contract, the Seller has informed on the relevant catalog webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- q) about the functionality including usable technical protective measures for securing an electric contain, if it is necessary, the seller has informed on the relevant cataloge webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- r) about compatibility of electronical contain with hardware and software, about which the Seller knows or it is reasonable to expect that he knows about them, if it is necessary, the Seller has informed on the relevant catoleg webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- s) about the possibility and terms of conflict solving out of court via an alternative conflict solving system, if the Seller commited to use this system, the Seller has informed on the relevant catalog webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- t) about acts needed to conclude the purchase contract in a way, that these acts were described in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- v) about a fact, that the purchase contract shall be saved in an electronic form and it is available to the Buyer after that the Buyer sends a request in writing, the Seller has informed on the relevant catalog webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage of his e-shop,
- w) about a fact that offered language for a conclusion of the purchase contract is Slovak, the Seller has informed on the relevant catalog webpage of his e-shop and in these Terms and conditions, which are placed on the relevant sub-webpage on his e-shop.
- If the Seller failed to fulfill the obligation to inform about the payment of additional fees or other costs, acorrding point 2.6 letter e) of these Terms and conditions, or about costs related with the returning of the product according point 2.6 letter i) of these Terms and conditions, the Buyer is not obligated to pay such additional costs or fees.
3. Rights and obligations of the Seller
- The Seller is obligated to:
- a) deliver the product based on the order confirmed via the acceptance to the Buyer in the agreed quantity, quality and deadline, and pack it or prepare for a transportation in manner needed to its protection and preservation,
- b) secure that the delivered product shall comply with in-force regulations of the Slovak Republic,
- c) immediately after conclusion of the purchase contract, at the latest with the product delivery, provide a confirmation about conclusion of the purchase contract to the Buyer on a durable medium, for example via an e-mail. The confirmation has to contain all information stated in the point 2.6, including the form for the withdrawal from the purchase contract.
- d) at the latest with the product delivery, submit all documents to the Buyer in electronical or written form which are needed for takeover and using of the product and other documentc prescribed by Slovakian legislation (manuals in Slovak, warranty card, delivery note, invoice).
- The Seller has a right for proper and timely payment of the purchase price for the delivered product from the Buyer.
- In the case that from the reason of stock exhaustion or unavaibality of the product, the Seller is not able to deliver the product to the Buyer within the deadline agreed in the purchase contract or determined in these Terms and conditions or in agreed purchase price, the Seller is obligated to offer to the Buyer a substitute performance or an opportunity to withdraw from the purchase contract (cancel the order). The Buyer can withdraw from the purchase contract or cancel the order via an e-mail. In the case, that the Buyer have paid the purchase price or its part, the Seller shall refund the purchase price or its part within 30 days since the day of the delivery of an e-mail related to the withdrawal from the purhcase contract, respectively cancelation of the order, to the Buyer to an account determinated by the Buyer, unless both sides agreed otherwise. If the Buyer does not accept the substitute performance offered by the Seller within an average time; neither he withdraws from the purchase contract, the Seller is entitled to withdraw from the purchase contract and in the case, that the Buyer have paid the purchase price or its part, the Seller shall to refund the purchase price or its part within 30 days since the delivery of the withdrawal from the purchase contract to him.
4. Rights and obligations of the Buyer
- The Buyer was acquainted by the Seller with the fact that part of the order is an obligation to pay the price
- The Buyer is obligated: a) to take over the ordered and delivered product, b) pay agreed purchase price to the Seller within agreed due date, including costs for the delivery of the product.
- The Buyer has a right for the delivery of the product in quantity, quality, within deadline and on the place agreed by both parties
5. Delivery and payment conditions
- The product is sold according to exposed samples, catalogs, type sheets and samplers of the Seller, placed on the website of his e-shop. The delivered product has a minimal expiration date more than 2 month before the expiry date. In the case of shorter expiration date, contact the Seller before the delivery via a phone or an e-mail and he shall deliver the product, after the consent from the Buyer.
- The Seller shall complete the Buyer´s order and deliver the product to the Buyer within 30 days in the case, that the product is during ordering presented as „in stock“. If the in stock state of the product is presented with a text „To order“, the provision from the point 1.4 of these Terms and conditions applies. The Buyer accept these deadlines without reservations.
- Information published on the website of this e-shop are not online with the information system of the Seller. The information is updated once a day, usually at night. There could be a state that the information about availability of the product, during the Buyers ordering, does not comply with current state of the Seller´s stock, or stock of his suppliers. After receiving such an order, the Seller is obligated to inform the Buyer about such a fact via a phone or an e-mail. The Seller has not to accept such an order , respectively, consistent to the point 10.1 of these Terms and conditions, unilaterally withdraws from the purchase contract.
- The Buyer is obligated to take over the product at a place which is stated in the Seller´s acceptance of the order sent to the Buyer. In the case that the Buyer does not take over the product within 7 day deadline settled in the purchase contract, respectively, in the binding acceptation of the order, without sending the written withdrawal from the purchase contract in advance, the Seller is entitled to compensation in amount of actual expenses for attempt to unsucessful delivery of the order. After 14 days since the day, when the Buyer was obligated to take over the product, the Seller is entitled to withdraw from the purchase contract and give the product to a third party.
- The Seller is entitled to invite the Buyer to take over of the product before the deadline settled in the purchase contract.
- Weight, size and other information about the product contained in cataloges, prospects and other documents of the Seller, placed on the website of the e-shop, are in the range available for the Seller from a manufacturer, respectively an importer. Manufacturers, and also sellers, reserve the right for changes, adjustments and modifications, if they do not negatively influence utility properties of the product. In the case that such a situation occurs and the Buyer does not accept the change, he is entitled to withdraw from the purchase contract and eventualy, get a refund from already paid price of the subject of the order.
- Place of delivery of the product is a place, which is stated in the Seller´s acceptance of the order, if both parties do not agreed otherwise.
- In the case that the Seller delivers the product to the Buyer at the place settled in the purchase contract, the Buyer is obligated to take over the product personally or secure that, in a case of his absence, the product will be taken over by a person who was authorised by the Buyer to take over the product stated in the purchase contract, and the third person has to sign an affirmation. The third person, who is authorised to take over the product stated in the purchase contract, is obligated to submit an original or copy of the purchase contract to the Seller and a product payment document and written affirmation. If it will be necessary to repat the delivery of the product because of absence of the Buyer at the delivery place, the Buyer pays all expenses associated with it, including repeated delivery to a delivery place and storage in amount stated in the point 10.2 of these Terms and conditions.
- The Buyer is obligated to check the consignment – product – as well asi its packaging, immediately after the delivery. In the case that the Buyer finds out that the product or its packaging is mechanicaly damaged, he is obligated to report such a fact to a carrier and, in his present, check the condition of the product. In the case, that the product is damageded in the time of his take over by the Buyer, the Buyer is obligated to make a report about a range and charakter of such a damage (damage report) and a carrier will confirm its correctness. Based on this report, the Seller can, after the closing of a harfmful event, provide a removal of the defect, discount for the product or, in the case of irremovable defects of the product, deliver to the Buyer a brand new product.
- In the case of not delivering the product by the Seller in deadline stated in the point 5.2 of these Terms and conditions, The Buyer is entitled to withdraw from the purchase contract and the Seller shall refund to the Buyer already paid part of the purchase price pursuant the point 10.8. of these Terms and conditions.
- The Buyer receives an invoice to every consignment via an e-mail. Where a warranty card is needed, he receives it in the packaging
- Payment methods:
- In cash upon take over of the product at stores of the Seller
- Credit/debit card payment at stores of the Seller
- Advance payment on Seller´s account
- Cash on delivery, it is charged according the Seller´s price list
6. The purchase price
- The Buyer shall pay the purchase price of the Product to the Seller, which is settled in the purchase contract and/or due to the price list of the Seller valid in the time of the conclusion of the purchase contract, including delivery costs (hereinafter „the purchase price“). The Buyer can pay the purchase price:
- in cash upon take over of the product at stores of the Seller
- via a credit/debit card at stores of the Seller
- via an advance payment on Seller´s account
- via cash on delivery, it is charged according the Seller´s price list
- In the case that the Buyer pays the purchase price to the Seller via a non-cash transfer, the day of payment is such a day, when the whole purchase price was credited to the Seller´s account.
- The Buyer is obligated to pay the purchase price for a product to the Seller up to the deadline settled in the purchase contract, at the latest during the take over of the product.
- In the case that the Buyer has default in paying the purchase price, the Seller is entitled to charge a contractual fine, in amount of corresponding with paid cash advance, to the Buyer and the Buyer is obligated to pay it.
- In the case that the Buyer has default in paying the purchase price or its part, contractual parties has agreed that the Seller is entitled to withdraw from the purchase price and paid cash advance for the purchase price shall be, in its full amount, included for contractual fine which the Buyer is obligated to pay to the Seller, unless otherwise specified in the purchase contract.
- Delivery costs are charged according the current price list and its value is stated in a recapitulation of the order, unless agreed otherwise by parties.
7. Acquisition of ownership and transfer of the risk of harm the product
- The Buyer acquires the ownership to the product after paying the whole purchase price for the product.
- The risk of harm the product transfers to the Buyer at the time when the Buyer, or a third person, authorised by the Buyer, takes over the product from the Seller or his representative, who is authorized to delivery the product, or, if he does not do so in time, in the moment, when the Seller allowed the Buyer to use the product and the Buyer does not take over the product.
8. The withdrawal from the purchase contract
Withdrawal from the contract by a buyer who is a consumer.
- According to § 19 (1) and § 20 (1)a) (1) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts, the consumer is entitled to withdraw from the contract without giving a reason within 14 calendar days from the date of acceptance of the goods, while the withdrawal period is deemed to be maintained if the notice of withdrawal was sent to the seller no later than on the last day of the period. The goods shall be deemed to have been taken over by the customer at the moment when the customer or a third party designated by the customer, with the exception of the carrier, has taken over all parts of the ordered goods, or if a)the goods ordered by the customer in a single order are delivered separately, at the time of acceptance of the goods which have been delivered last, b)goods consisting of several parts or pieces shall be delivered at the time of taking delivery of the last part or piece,c) delivers goods repeatedly over a period of time, at the time of acceptance of the first goods delivered.
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The consumer may withdraw from the contract with the seller in paper form or in the form of a record on another durable medium with the indication of all data used to identify the product, the consumer and the seller.
- The consumer has the right to withdraw from the contract even if the goods ordered through the e-shop were picked up in person at the seller's dispensing point. The consumer has the right to withdraw from a distance contract, the subject of which is the delivery of goods, also before the withdrawal period starts, i.e. before the goods are taken over.
- The consumer is obliged to send back the goods within 14 days of the date of withdrawal from the contract or hand it over to the Seller or a person authorised by him. The cost of returning the goods shall be paid by the consumer. (§ 21 (1) and (3) of Act No 108/2024)
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The consumer is obliged to return the goods complete, they must not be damaged, used, together with the goods the consumer must hand over the accessories and all the documents related to the goods in question (instruction manual, warranty card, proof of acquisition, etc.), which he received when buying them. Goods are not returned on delivery. Goods sent in this way shall not be accepted and shall be returned to the consumer.
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The consumer is obliged to return the goods in the condition and value in which they were received and in appropriate packaging so that the shipment meets the transport conditions ofthe chosen transport provider and that there is no mechanical damage to the goods during transport. The Seller shall not be liable for any damage to the goods during transit for claim. In such a case, the consumer shall claim compensation for damage to the goods from the chosen carrier in accordance with the applicable claim conditions of this carrier (it is recommended to insure the shipment). All payments will be refunded to the consumer no later than 14 days from the date of receipt of the cancellation notice. However, the seller is not obliged to refund the consumer before the goods have been delivered to him or until the consumer proves that the goods have been sent back to the seller.
7.The consumer does not have the right to withdraw from a contract whose subject matter is:
the performance of a service where the service has been fully provided and the provision of the service has begun before the expiry of the withdrawal period with the consumer's explicit consent and the consumer has declared that he has been duly informed that, by giving his consent, he loses the right to withdraw from the contract once the service has been fully provided, if the consumer is obliged to pay the price under the contract,-the delivery or supply of a product, the price of which depends on price movements on the financial market which are beyond the trader's control and which may occur during the withdrawal period,-carrying out urgent repairs or maintenance during a visit to the consumer's premises that the consumer has expressly requested the trader to carry out; this shall not apply to a contract the subject matter of which is the provision of a service other than repair or maintenance and to a contract the subject matter of which is the supply of goods other than a spare part necessary to carry out the repair or maintenance, where the contracts were concluded during a visit by the trader to the consumer and the consumer did not order those goods or services in advance, the supply of sound recordings, visual recordings, audiovisual recordings or software in protective packaging which has been damaged after delivery,-goods purchased at a public auction,-the supply of digital content delivered by the trader otherwise than on a tangible medium, if:
1.the supply of the digital content has begun; and
2.the consumer has explicitly consented to the beginning of the provision of the digital content before the expiry of the withdrawal period, has declared that he has been duly informed that by giving his consent he loses the right to withdraw from the contract by beginning the provision of the digital content, and the trader has issued the consumer with a confirmation pursuant to Section 17(12)(b) or (13)(b) of Act No 108/2024 on Consumer Protection, if the contract requires payment of the price (Section 19(1) of Act No 108/2024 on Consumer Protection)
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By sending the order to the Seller, the Consumer explicitly confirms that the Seller has in time and properly fulfilled its information obligations under § 5 and § 15 of Act No. 108/2024 Coll. on Consumer Protection.
- The consumer acknowledges the fact that if gifts are provided with the goods and the consumer uses his right to withdraw from the contract pursuant to Section 19 of Act 108/2024, any additional contract related to the contract from which the consumer has withdrawn, including the gift contract concluded between the seller and the consumer, is also cancelled from the very beginning. The consumer shall be obliged to return the related gifts provided together with the returned goods
- Upon withdrawal from the contract, mobil online, s.r.o ,. shall refund to the consumer all payments received from him under or in connection with the contract, including the cost of transport, delivery and postage and other costs and charges. The Seller shall not be obliged to refund additional costs to the Consumer if the Consumer has chosen a delivery method other than the cheapest normal delivery method offered by the Seller. Payments will be refunded to the consumer without undue delay, no later than 14 days from the date on which the seller, mobil online, s.r.o .,receives notice of withdrawal from this contract.The Seller is not obliged to return the payments to the Consumer before the goods are delivered to the Consumer or until the Consumer presents a document proving that the goods have been sent to the Company or the goods are directly handed over to one of the premises of mobil online, s.r.o .The Seller is obliged to return the payments to the Consumer in the same way as the Consumer used for his payment, or in another way if agreed between the Consumer and the Seller, without charging any additional fees. The direct costs of returning the goods shall be covered by the consumer (Article 22(1), (2), (3), (5) and (6) of Act No. 108/2024
- Liability of the consumer for damage to the returned goods:The consumer shall be liable for any diminution in the value of the goods as a result of handling them in a manner other than that necessary to establish the nature, characteristics and functionality of the goods. The consumer must be given the opportunity to test the functionality of the goods after delivery, but must not use the goods if he withdraws from the contract. In order to establish the nature, characteristics and functionality of the goods, the consumer should handle and inspect the goods only in the same way as he could do in a retail shop. The consumer is obliged to handle and inspect the goods with due care during the withdrawal period, e.g. the consumer should only try the purchased goods but not use them, which implies an obligation to return the goods with the original protective or identifying features. If the seller discovers that the goods returned by the consumer after withdrawal are damaged through the fault of the consumer, the seller may claim liability for the damage.
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The consumer buyer, in case of using the right of withdrawal from the Purchase Contract within 14 days from the receipt of the Goods, must hand over to the Seller everything he has received on the basis of the Purchase Contract. If this is no longer possible (e.g. the Goods have been destroyed or consumed in the meantime), the Consumer must provide the Seller with monetary compensation in return for what can no longer be handed over. If the returned Goods are only damaged by the Consumer, the Seller may claim damages against the Buying Consumer.
- The seller is liable for defects in the goods for 24 months from the delivery of the goods to the buyer. In the case of used phones or tablets, this is 12 months by law, or otherwise - if the phone comes with a warranty other than our warranty card, but it will not be shorter than the statutory warranty for used phones.
Withdrawal from a contract concluded at a distance, the subject of which is a digital performance :
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A digital performance contract is any consumer contract under which the trader supplies or undertakes to supply a digital performance and the consumer pays or undertakes to pay the price, including the digitally expressed value,or provides or undertakes to provide the trader with his or her personal data, even if the digital performance is developed according to the consumer's specifications.
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The consumer has the right to withdraw from the contract without giving a reason within 14 days from the date of conclusion of the contract if the subject matter of the contract is the supply of digital content which the seller delivers otherwise than on a tangible medium. Upon withdrawal from the contract, the Seller shall refund to the Customer all payments received under the contract within 14 days of notification of withdrawal from the contract in the same manner as the Customer used to pay the price, unless the Customer explicitly agrees to a different method of payment. All costs associated with the return shall be the responsibility of the Seller. The Customer shall not have the right to withdraw if the subject matter of the contract is the supply of digital content which the trader delivers otherwise than on a tangible medium, if :
1.the delivery of digital content has begun and
2.The consumer has given his explicit consent to commence delivery of the digital content before the expiry of the withdrawal period, has declared that he has been duly informed that by giving his consent he loses the right to withdraw from the contract by commencing delivery of the digital content, and the seller has provided the consumer with a confirmation pursuant to Section 17(12)(b) or (13)(b) of Act No 108/2024 on Consumer Protection, if the consumer is obliged to pay the price under the contract. (Section 19(1)(m)(1) and (2) of Act No 108/2024).
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The consumer is not obliged to pay the price for the period before withdrawing from the contract in which the digital service did not meet the agreed requirements and general requirements under Section 852d of Act No. 40/1964 However, if the contract agreed on the continuous provision of digital services during the agreed period, the Seller will return to the consumer only the proportional part of the paid price for the period in which the digital service did not meet the agreed requirements and the general legal requirements, and the part of the price that the consumer paid in advance for the provision of digital services for the period after withdrawal from the contract.
- After withdrawing from the contract, the consumer is obliged to refrain from selling the digital performance and providing it to third parties.
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Within 14 days after the consumer's notification of withdrawal from the contract, the seller can ask the consumer to return the physical medium on which he supplied the digital content. The consumer returns the material carrier at the Seller's expense and without undue delay after the Seller's request has been delivered.
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After withdrawal from the contract, the Seller shall refrain from using the content provided or created by the consumer while using the digital fulfillment. This does not apply if this content:
a)cannot be used other than in connection with the digital performance of the Seller,
b)applies exclusively to the consumer's activity when using the seller's digital performance,
c)The seller has merged with other content from which it cannot be separated at all or without using unreasonable efforts,
d)the consumer created together with other consumers who are authorized to continue using the content.
- After withdrawal from the contract, the Seller will make available to the consumer at his request all the content that the consumer provided or created when using the digital fulfillment, except for the content according to point 6. a) to c). The seller will make the content available to the consumer within a reasonable period of time, free of charge, in a commonly used and machine-readable format and without serious difficulties for the consumer.
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After withdrawing from the contract, the Seller may prevent the consumer from further using the digital fulfillment, in particular deny him access to the digital fulfillment or cancel his user account. (Point 7. second sentence is not affected by this.)
Sample contract
9. Responsibility for defects and warrancy
See Complaints Procedure
10. Personal data and its protection
See Personal Data Protection
11. Final Provisions
- The Buyers takes note and agrees that rights and duties between the Seller and the Buyer are not governed solely by these Terms and conditions, but also by the Terms and conditions of the Seller, procedures during claims when the product is damaged, and warrancies and Compleint Procedure of the Seller, which are available at the bussines place of the Seller or published on the websites of the Seller. The Buyer takes note that delivered product does not have to be from the official distribution, it follows that it is necessary to claim it only the Seller.
- All of the legal relationships between contractual parties are governed by the legislation of the Slovak Republic. On the legal relationship between the Seller and the buyer during the mail order sales the Civil Code and specific regulations apply. In the case that some problems cannot be solved according the provisions of the Seller´s Terms and conditions, they are governed by relevant provisions of the Civil Code or the Commercial Code.
- By sending the order, the Buyer confirms that he has read these Terms and conditions, eventualy, also Terms and conditions and Complaints Procedure of the Seller, got familiar with their content and he agrees with them in whole range.
12. Right for the withdrawal from the purchase contract
You have a right to withdraw from the purchase contract without giving any reason within 14 days. This time for withdrawal from the purchase contract will expire after 14 days since You or a third person authorised by You, except a carrier, take over the product. When applying the right for withdrawal from the purchase contract, inform us about Your decision to withdraw from the purchase contract via an unambiguous statement (for example a post letter, a fax or an e-mail). Time for withdrawal from the purchase contract is preserved, if you send a notification about applying the right for withdrawal from the purchase contract before the time for withdrawal from the purchase contract expires.
13. Other rights and duties
Regardless the other provisions, the Seller is not responsible for lost profits of the Buyer, loss of an opportunity, neither for other direct or subsequent losses incurred in any way.
We determine your satisfaction with the purchase through e-mail questionnaires within the program.Verified by customers in which our e-shop is involved.We send them to you every time you make a purchase from us, if in accordance with § 62 Act. no. 351/2011 Z.z on electronic communications, as amended later regulations, you will not refuse to send electronic mail for direct marketing purposes.Processing of personal data for the purpose of sending questionnaires within the Verified by customers program is carried out on the basis of our legitimate interest, which consists in ascertaining your satisfaction by purchasing from us. To send questionnaires, evaluate your feedback and analyze our market position, we use a processing intermediary, which is the operator of the portal Heureka.sk , to which we can transfer information about the purchased goods and your e-mail address for these purposes.When sending e-mail questionnaires, your personal data is not transferred to any third party for its own purposes.you can object against sending email questionnaires within the program Verified by customers, anytime by rejecting further questionnaires using the link in the email with the questionnaire.In case of your objection, we will not send you the questionnaire any further
The supervisory authority:
The Slovak trade inspection (SOI)
Inspectorate SOI for region Bratislava Prievozská 32, P.O. Box 5,820 07 Bratislava 27
technical control department and consumer protection department and legal department, telephone no.: 02/ 58272 172, 02/58272 104 fax no.: 02/ 58272 170 http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/.
Alternative dispute resolution- ADR:
If the Buyer-Consumer was not satisfied with the handling of the claim by the Selleror if the Buyer-Consumer contacted the Seller with a request for correction and was not satisfied with the manner in which the Seller handled the claim or if he believes that the Seller has violated his rights, the Buyer-Consumer has the right to contact the Seller with a request for correction.If the Seller responds to such a request in a negative manner or fails to respond within 30 days from the date of its submission, the Buyer - consumer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution subject.The subject of alternative dispute resolution is the Slovak Trade Inspection, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27,or another competent authorised legal person registered in the list of subjects of alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk).The buyer-consumer is entitled to choose the alternative dispute resolution entity to which he applies.The consumer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution.Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed the amount of EUR 20.The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT.