退货政策

8. Return policy (liability for damages, warranty and complaints)

• 8.1. The seller is liable for damages to the goods and the buyer is obligated to immediately make a complaint to the seller, according to the valid return policy. 8.3. The valid return policy applies to complaint handling.  The buyer, by sending his Order to the seller, confirms that he has been properly informed of the terms and conditions and the method for a complaint about the goods, including the information about where the complaint can be made in compliance with §18(1) of Act No. 250/2007 Coll. on Consumer Protection and on the amendment to Slovak National Council Act No. 372/1990 Coll. on Misdemeanours, as amended (hereinafter referred to as the “Act”).
• 8.2. The return policy applies to the goods purchased by the buyer from the seller in the form of an on-line shop on the seller’s on-line shop website.
• 8.3. The buyer is entitled to apply the warranty only for the goods that show defects caused by the manufacturer, supplier or the seller, where the warranty applies to the goods and the goods were purchased from the seller.
• 8.4. The buyer is obligated to inspect the goods at the time when he is taking the goods over. If he does not do so, he can make claims concerning defects identified during this inspection only if he proves that the goods had such defects at the time when the goods were taken over.
• 8.5. If the goods show defects, the customer is entitled to make a complaint to the seller’s business premises in compliance with the provisions of §18(2) of the Act, whereby he shall deliver the goods to the seller’s business premises at the customer’s expense and he shall complete a complaint form and shall deliver it to the seller. The seller shall place a sample form on its website. In the form, the buyer is obligated to precisely designate the type and scope of the defects of the goods. The complaint procedure related to the goods that objectively can be delivered to the seller starts on the day on which all the following conditions are met (táto veta je nezrozumiteľná):
  • delivery of the completed complaint form from the buyer to the seller,
  • delivery of the defective goods from the buyer to the seller.

The start of the complaint procedure is also deemed the date of making a complaint. The defective goods must be delivered to the seller’s registered office. 

• 8.6. The seller is obligated to accept the complaint in any shop in which it is possible to accept the complaint.
• 8.7. The seller shall issue to the buyer a confirmation of a complaint about the goods in a suitable form determined by the seller, e.g. in the form of e-mail or in writing, where he is obligated to precisely describe the defects of the goods in compliance with the provisions of §18(5) of the Act, and to instruct the customer on his rights that arise for him from the provisions of §622 and the provisions of §623 of the Civil Code. If the complaint is made through of the means of distance communication, the seller is obligated to immediately deliver the confirmation of the complaint to the buyer; if the confirmation cannot be delivered immediately, it must be delivered without undue delay, however, not later than together with a document about the settlement of the complaint; the confirmation of a complaint does not need to be delivered, if the buyer can prove the making of the complaint in a different way.
• 8.8. Based on the buyer’s decision, on which of his rights under the provisions of §622 and the provisions of §623 of the Civil Code are applied, the seller is obligated to immediately determine a way for the settlement of the complaint pursuant to the provisions of §18(4) of the Act: in more complex cases within 3 days of the start of the complaint procedure; or in justified cases, especially when a complicated technical assessment of the goods is required, within 30 days of the start of the complaint procedure. After the method of the settlement of the complaint has been determined, the seller shall settle the complaint immediately; or in justified cases, the complaint can be settled later. However, the complaint must be settled within 30 days of the making of the complaint. After the period for the settlement of complaint expires, the consumer is entitled to withdraw from the contract, or he is entitled to the replacement of the goods by new goods. The seller shall inform the buyer about the end of the complaint procedure and the result of the complaint, in the form agreed between both contracting parties.
  
  If the buyer has made a complaint about the goods during the first 12 months of the conclusion of the Purchase Contract, the seller can settle the complaint by a refusal only on the basis of an expert opinion, or an opinion issued by an authorised, notified or accredited body, or an opinion from an appointed person (hereinafter referred to as the “Professional Assessment of the Goods”). Regardless of the result of the Professional Assessment of the Goods, the seller can require the buyer to cover the costs of the Professional Assessment of the Goods and other costs related to the Professional Assessment of the Goods.
  
  
• 8.9. The buyer is not entitled to make a complaint about defects of which he was informed by the seller at the time of the conclusion of the contract, or about which he had to know taking into account the circumstances under which the Purchase Contract was concluded. 
• 8.10. The seller reserves the right to replace the defective goods with other similar goods of comparable parameters.
• 8.11. The buyer’s right to make a complaint to the seller shall expire by:
  • a failure to submit a document about a payment or delivery note,
  • a failure to provide a notification of defects at the time when the goods were taken over,
  • mechanical damage to the goods caused by the buyer,
  • using the goods in conditions where the humidity, chemical and mechanical effects do not correspond with the natural environment – “Store at a temperature from 4 – 25°C, and protect from humidity, heat and direct sunlight”,
  • improper handling, service or a failure to take care of the goods,
  • damage to the goods caused by inevitable and/or unforeseeable events,
  • damage to the goods by random destruction or accidental deterioration,
  • tampering, damage during transportation, damage by water, fire, static or atmospheric electricity or due to force majeure circumstances,
  • tampering with the goods by unauthorised person.
• 8.12. The seller is obligated to settle a complaint and to end a complaint procedure in one of the following ways:
  • replacement of the goods,
  • reimbursement of the Purchase Price of the goods,
  • paying an adequate discount on the price of the goods,
  • justified refusal of a complaint about the goods.
• 8.13. The seller is obligated to issue to the buyer a written document about the determination of a method for the settlement of a complaint, and about the settlement of a complaint within 30 days of the making of the complaint, by means of the provider of a postal or courier or delivery service, or via e-mail.
• 8.14. The settlement of the complaint applies only to the defects stated in the complaint form.

9. Personal data and the protection thereof

• 9.1. The buyer, by concluding the Purchase Contract, declares that he agrees, under the provisions of §7(1) of Act No. 18/2018 Coll. on Personal Data Protection, as amended, (hereinafter referred to as the “APDP”), with the seller to the right to process and maintain his personal data, especially the data that the seller necessarily processes in order to execute the consumer’s Order, i.e. name, surname, permanent address/delivery address, telephone number and e-mail, as well as sex, age and data of birth, and to process them in all of its information systems. Simultaneously, the buyer grants to the seller his consent to the disclosure of personal data to another party that participates in the fulfilment of the seller’s duties (carrier, payment terminal operator, etc.). The seller undertakes to treat and handle the buyer’s personal data in compliance with the applicable legislation of the Slovak Republic. The buyer grants to the seller this consent for a definite period, until the purpose of the processing of the buyer’s personal data is met. After the purpose of the processing is met, the seller shall immediately ensure the liquidation of the buyer’s personal data. The buyer can withdraw his consent to the processing of the personal data at any time in writing. The consent expires within 1 month of the delivery of the withdrawal of the consent by the buyer to the seller.
• 9.2. The seller declares that, in compliance with the provisions of §6(1)(c) of the APDP, it shall acquire personal data only for the purpose of concluding the Purchase Contract between the seller and the buyer.
• 9.3. The seller declares that, in compliance with the provisions of §6(1)(e) of the APDP, it shall acquire personal data for purposes other than the purposes stated in Point 9.5. of the ORP separately, and it shall ensure that the personal data is processed and used only in a way that corresponds to the purpose which it has been collected, and that it shall not combine it with personal data acquired for other purposes.
• 9.4. The seller declares that, in compliance with the provisions of §6(1)(i) of the APDP, it shall process the personal data in compliance with good manners, and that it shall act in a way that is not contrary to the APDP and the other generally binding legal regulations and it shall not circumvent them. The seller declares that it shall not exact a data subject’s consent and to place conditions on it by a threat of the refusal of a contractual relationship, service, goods or duty stipulated by the seller.
• 9.5. On the basis of a written request, the buyer is entitled to require from the seller:
  • in a generally comprehensible form, the information about the processing of his personal data in the information system, to the extent pursuant to §26(3) of the APDP; when issuing a decision pursuant to Paragraph 4(B) of the APDP, the buyer is entitled to acquaint himself with the procedure related to the processing and assessing of operations,
  • ,
  •  access to his personal data,
  • in a generally comprehensible form, a copy of his personal data that is a subject to the processing,
  • a correction of his incorrect incomplete or outdated personal data that is a subject to the processing,
  •  a deletion of personal data,
  • the liquidation of his personal data, if the purpose of the processing of the data was met pursuant to §13(1) of the APDP; if the processing relates to official documents containing personal data, he can ask for the return of the data,
  • the liquidation of his personal data that is subject to the processing, if there was a breach of the law.
• 9.6. The buyer’s rights can be restricted pursuant to Paragraphs 1(d) and (e) of the APDP, if such a restriction arises from a special act or if the exercising of the right has resulted in a breach of the buyer’s protection, or if the rights and freedoms of other persons would be infringed.
• 9.7. On the basis of a free written request, the Buyer is entitled to object to:
  • the processing of his personal data, about which he assumes that the data is or shall be processed for the purposes of direct marketing without his consent, and to request the liquidation of the data,
  • the use of the personal data stated in §7(4)(d) 9.8.for the purposes of direct marketing within postal traffic, or
  • the use of the personal data stated in §7(4)(d) 9.8.for the purposes of direct marketing.
• 9.8. On the basis of a free written request or in person, if it cannot be postponed, the buyer is entitled to object, at any time, to 
  • the processing of its personal data in the cases pursuant to §7(4)(a), (e), (f) or (g) of the APDP, by stating legitimate grounds or by submitting evidence about unauthorised interference with his rights and legally protected interests, which are or can be in a specific case damaged by such processing of the personal data; unless prevented by legal reasons and if it is proved that the buyer’s objection is legitimate, the seller is obligated, without undue delay, to block and liquidate the personal data, the processing of which the buyer has objected to, as soon as possible,
  • and not to subject himself to the seller’s decision that would result in legal effects or in a significant impact, if such a decision is issued only on the basis of the automated processing of his personal data. The buyer is entitled to ask the seller to review the issued decision in a way that differs from the automated form of the processing, while the seller is obligated to comply with the buyer’s request so that an authorised person shall play a decisive role in the review of the decision; the seller shall inform the buyer about the method and result of such a finding within a deadline pursuant to §21(3) of the APDP. The buyer does not have this right only if stipulated by a specific act containing measures to ensure the buyer’s legitimate interests, or if a decision was adopted during the conclusion or performance of the contract concluded between the seller and the buyer, provided that the buyer’s request was complied with or, based on an agreement, the buyer was granted the right to set out his views at any time during the term of the contract.

If there is a suspicion that the buyer’s personal data is being processed wrongfully, the buyer can submit a notice about such a fact to the Office of Personal Data Protection of the Slovak Republic. If the buyer has no full legal capacity, a legal representative can exercise his rights. If the buyer is not alive, a related person can exercise the rights that he had pursuant to the APDP. The seller shall fulfil the buyer’s requirements pursuant to §20(1)(a), d) to (f) of the APDP free of charge. The seller shall provide the buyer with the information pursuant to §20(1)(b) and (c) of the APDP free of charge, with the exception of a payment in the amount that must not exceed the amount of the material costs related to the preparation of copies, the procurement of a technological medium and the dispatch of the information to the buyer, unless a specific act stipulates otherwise. The seller shall comply with the buyer’s requests pursuant to §20 of the APDP, and shall inform him in writing within 30 days of receiving such requests. The seller shall immediately inform the data subject and the office of a restriction of the buyer’s rights pursuant to §20(1)(d) and (e) of the APDP in writing.

10. Withdrawal from the Purchase Contract

• 10.1. The seller is entitled to a withdrawal from the Purchase Contract in the case of a sellout, unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the Purchase Contract has discontinued the production, or has made such major changes that they have resulted in an impossibility to fulfil the seller’s duties arising from the Purchase Contract, or due to force majeure circumstances or, if despite all efforts which can reasonably be expected from the seller, the seller is not able to deliver the goods to the customer within the deadline set by these Business Terms and Conditions or at a price stated in the on-line shop. The seller is obligated to immediately inform the buyer of such a fact and to return to him the already paid advance for the goods agreed in the Purchase Contract, within 15 days of a notice of the withdrawal from the contract, by a wire transfer determined by the buyer.
• 10.2. The buyer is entitled to a withdrawal from the Purchase Contract within 14 days of the takeover of the goods, without giving reasons, in compliance with the provisions of §7(1) of Act No. 102/2014 Coll. on Consumer Protection in the Sales of Goods or the Provision of Services under a Distance Contract or Contracts Concluded Outside the Seller’s Business Premises (hereinafter referred to only as the “Act on Consumer Protection in Mail Orders”).
• 10.3. The buyer, by sending the Order to the seller, confirms that the seller has fulfilled its information obligations in a timely and proper manner, pursuant to the provisions of §7(1) of the Act on Consumer Protection in Mail Orders.
• 10.4. The buyer’s withdrawal from the contract must be made in writing in the form of a completed form, the template of which the seller shall place on its website.
• 10.5. A withdrawal from the Purchase Contract according to the previous point of these General Business Terms and Conditions must include the identification of the buyer, number and date of the Order, precise specification of the goods, and method used by the seller when returning the already paid amount, especially the account number and/or postal address. Along with the withdrawal from the Purchase Contract, the buyer is obligated to deliver the goods to the seller, including all documentation, payment records, etc., in the original packaging and in the form of an insured item.
• 10.6. If the buyer withdraws from the contract and delivers to the seller the unused goods, in undamaged original packaging and the goods are not damaged or incomplete, the seller shall return to the buyer the already paid Purchase Price for the goods stated in a binding acceptance of the Order or in a part of it, within 14 days of the delivery of the withdrawal from the Purchase Contract and the delivery of the goods to the seller, through a wire transfer to the buyer’s account stated by the buyer.
• 10.7. The consumer is responsible only for a decrease in the value of the goods which was caused by the handling of the goods beyond the handling necessary to detect the characteristics and functionality of the goods. 
• 10.8. In the case of a valid withdrawal from the contract, the seller shall return to the buyer the Purchase Price, including the costs incurred by the buyer in connection with the delivery of the goods.

11. Final provisions

• 11.1. The seller reserves the right to change these General Business Terms and Conditions. The duty to deliver a notification of a change in these General Business Terms and Conditions in writing is fulfilled by placing a revised text of the General Business Terms and Conditions on the seller’s on-line shop website.
• 11.2. If the Purchase Contract has been concluded in writing, any amendment to it must be made in writing.
• 11.3. The contracting parties have agreed that they shall communicate in the form of e-mail messages.
• 11.4. The relevant provisions of the Civil Code, the Act, Act No. 22/2004 Coll. on Electronic Commerce and on the Amendment to Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on the Amendment to Certain Acts, as amended by Act No. 284/2002 Coll., as amended, and the Act on Consumer Protection in Mail Orders shall apply to the relationships not governed by these General Business Terms and Conditions.
• 11.5. These General Business Terms and Conditions shall enter into effect for the buyer by the conclusion of the Purchase Contract.
• 11.6. The buyer, by sending his Order, confirms that he has read these General Business Terms and Conditions and that he has fully acquainted himself with them.

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