For the purpose of the General Contract Terms the following terms shall have the defined meaning:
“Seller” means company TJ Trade s.r.o. – Certified fulfilment partner of Diawin Deutschland GmbH, identification number (IČO): 36830712, with registered office in Čermeľská cesta 1, Košice 040 01, registered in the Business Register by the District Court Košice I, section: Sro, insertion No. 20376/V, tel.: +421 55 633 74 391, e-mail: firstname.lastname@example.org
“Buyer” means consumer purchasing product from the Seller.
“Consumer” means natural person who, when entering into contract and in the course of its performance, acts outside the scope of his business or other entrepreneurial activity.
“Entrepreneur” means person who, when entering into contract and in the course of its performance, acts within the scope of his business or within the scope of other entrepreneurial activity as well as a buyer who is not a consumer, in particular:
- person registered in the Business Register,
- person conducting business under a trade licence,
- person conducting business pursuant to special legislation under a licence different from trade licence;
“Supervising Authority” means Slovak Trade Inspection (Slovenská obchodná inšpekcia, hereinafter as the “SOI”), Central Inspectorate SOI, P. O. BOX 29, Prievozská 32, 827 99 Bratislava, tel. No. +421 2/58 27 21 59, http://www.soi.sk/sk/Kontakt.soi .
“Complaint” means claiming of rights from liability for defects of products or services.
Contractual relationship established by a contract of sale shall be governed by provisions of Act No. 40/1964 Coll. Civil Code as amended (hereinafter as the “Civil Code”), of Act No. 250/2007 Coll. on consumer protection and on amendment of Act of the Slovak National Council No. 372/1990 Coll. on administrative offences as amended (hereinafter as the “Act on Consumer Protection”), of Act No. 102/2014 Coll. on consumer protection in sale of product or providing of services under a distance contract or a contract concluded outside of business premises of seller and on amendment and supplementing of several statutes (hereinafter as the “Act on consumer protection in distant sale of product”), of Act No. 22/2004 Coll. on electronic commerce and on amendment and supplementing of Act No. 128/2002 Coll. on state control of internal market in matters of consumer protection and on amendment and supplementing of several statutes as amended by Act No. 284/2002 Coll. as amended (hereinafter as the “Act on Electronic Commerce”).
2. GENERAL PROVISIONS
2.1 These contract terms (hereinafter as the “Contract Terms”) govern mutual rights and obligations of parties to contract arising in connection with or under a contract of sale (hereinafter as the “Contract of Sale”) concluded by the Seller and by a natural person (hereinafter as the “Buyer”) by means of internet shop of the Seller. Internet shop is operated by the Seller through website www.diawin.eu (hereinafter as the “Website”) by means of website interface (hereinafter as the “Website E-Shop Interface”).
2.2. General Contract Terms constitute part of Contract of Sale concluded by the Seller and by the Buyer. In case the Seller and the Buyer enter into the Contract of Sale in writing and agree on terms different from the General Contract Terms, such different terms of the Contract of Sale shall have priority over these General Contract Terms.
2.3. The Buyer acknowledges that purchase of products offered by the Seller in the course of its business does not result in acquisition of any right to use registered trademarks, business names, company logos or patents of the Seller or of other companies arises, unless otherwise agreed individually in particular contract.
2.4. By making an order the Buyer acknowledges that he was informed about basic characteristics of the product, that he acquainted himself with these General Contract Terms and is aware of their content and that he declares consents herewith. Copy of the General Contract Terms will be enclosed with confirmation of the order to the e-mail address indicated by the Buyer.
2.5. These General Contract Terms do not apply to contracts of sale concluded between the Seller and a buyer acting as entrepreneur.
3. CONTRACT OF SALE FORMATION
3.1. Under the Contract of Sale, the Buyer undertakes to deliver the product subject to sale to the Buyer and to enable the Buyer to acquire of ownership to the product and the Buyer undertakes to hand over the product and to pay purchase price to the Seller.
3.2. The entire presentation of product provided at Website E-Shop Interface has purely informative nature and the Seller has no obligation to enter into a Contract of Sale with respect to such product. Section 1732 (2) of the Civil Code shall not apply.
3.3. Website E-Shop Interface contains information on products, including purchase price for individual products and costs for returning of the products. Purchase prices are indicated including value added tax and all connected charges. Prices for products remain valid as long as they are presented on the Website E-Shop Interface. This provision does not restrict the right of the Seller to enter into Contract of Sale under individually negotiated terms.
3.4. Website E-Shop Interface also contains information on costs connected with packaging and delivery of products. Information on costs connected with packaging and delivery of products indicated at the Website E-Shop Interface only apply to deliveries performed within territory of the Slovak Republic.
3.5. To make an order the Buyer shall fill in the order form provided at the Website E-Shop Interface. The order form contains primarily information on:
3.5.1. the ordered product (the ordered product is “put” by the Buyer into electronic shopping basket at the Website E-Shop Interface),
3.5.2. manner of payment of the purchase price for the product, details on manner of its delivery and
3.5.3. information on costs connected with delivery of the product (hereinafter jointly as the “Order”).
3.6. The Order shall be sent by the Buyer to the Seller by clicking tab “I place the order with payment obligation”. Information contained in the Order are considered by the Seller as correct. Immediately after receiving an Order, the Seller shall send confirmation of order by electronic mail to the e-mail address indicated by the Buyer in his Order (hereinafter as the “E-Mail Address of the Buyer”).
3.7. The contractual relationship between the Seller and the Buyer arises upon service of order confirmation (acceptance), sent by the Seller as an e-mail message to the E-Mail Address of the Buyer.
3.8. The Buyer declares consent with using of means of distance communication in the course of contract formation procedure. Costs arising to the Buyer as a result of using means of distance communication in order to enter into the Contract of Sale (costs of internet connection, costs of telephone conversations) shall be borne solely by the Buyer and are not subject to special charges.
3.9. The Seller reserves right to cancel Order for products offered for sale for a price lower than 5 EUR (price of delivery is not included in the price for product)
3.10. The Seller reserves right to cancel Order and rescind Contract of Sale also after sending of an order confirmation by the Seller to the Buyer in case after an inspection of ordered product made prior to its dispatching for delivery to the Buyer, the Seller concluded that the product does not meet all quality requirements and cannot be replaced by other similar products in accordance with the Order of the Buyer.
3.11. The Seller reserves right to cancel the Order for product in case several discount coupons have been used at once.
3.12. All prices for products and services and all charges presented by the Seller are indicated as including VAT.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The Seller shall:
4.1.1. deliver the product under the confirmed Order of the Buyer in the agreed amount, quality and term and pack it or arrange for its delivery in the manner sufficient for preserving of its characteristics,
4.1.2. ensure that the delivered product meets requirements under legislation of the Slovak Republic,
4.2. The Seller has right to due and timely payment of purchase price for the delivered product by the Buyer.
4.3. The Seller has right to cancel the Order in case stocks of product in question are sold out or in case the product is unavailable, as a result of which the Seller is not able to deliver the product to the Buyer within the period prescribed by the General Contract Terms. The Buyer will be informed about cancelling of the Order by e-mail message and in case the purchase price or its part has already been paid, the money will be returned within 14 days to the bank account indicated by the Buyer, unless otherwise agreed with the Seller.
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The Buyer shall:
5.1.1. hand over the purchased product,
5.1.2. pay the agreed purchase price including costs of delivery of the product to the Seller,
5.1.3. not violate good reputation of the Seller,
5.1.4. confirm handing-over of the product by personally signing certificate of delivery or by having arranged its signing by a person authorized by the Buyer.
5.2. The Buyer is entitled to delivery of the Product in the amount, quality, date and place as agreed by parties to contract in the binding order acceptance.
5.3. The Buyer has right to express his opinion with respect to the purchased product at Website E-Shop Interface in section “Customer Experience” through written electronic form, by directly inserting text into the indicated location. The Buyer furthermore acknowledges that the inserted text expressing his opinion will be published at website www.diawin.eu after its approving (checking) by portal administrator, in order to prevent publishing of undesired texts or profanity.
6. DELIVERY TERMS
6.1. Unless otherwise agreed the Seller shall fulfil the Order of the Buyer and deliver the product to the Buyer within period of 30 days after acceptance of order of the Buyer by the Selle rand after payment of purchase price for product including price for delivery of the product, where usual delivery dates to the Buyer, prices for delivery and terms are indicated in Annex No. 1 (Delivery of Product). Such delivery terms are accepted by the Buyer without reservations.
6.2. In case the Seller is obliged under the Contract of Sale to deliver the product to the location indicated by the Buyer in his Order, the Buyer shall hand over the product upon delivery. In case the Buyer fails to hand over the product within the period prescribed by local carrier, although the Buyer has not previously withdrawn from the Contract of Sale, the Seller has right to contractual penalty in the amount of five euro (5 EUR) as well as right to withdraw from the Contract of Sale.
6.3. In case the Seller delivers the product to the Buyer to the location indicated by the Buyer in the Contract of Sale, the Buyer is obliged to hand over the product personally or to arrange for its handing over by authorized person. Person authorized by the Buyer to hand over the product shall provide to the carrier number of the Order as well as its identity card.
6.4. In case delivery must be made repeatedly for reasons amounting to the Buyer, the Buyer shall pay costs connected with such repeated delivery of the product.
6.5. The Buyer shall inspect the delivery (product packaging) immediately after its handing over. In case the Buyer discovers that the packaging is incomplete or mechanically damaged, the Buyer shall notify such circumstance to the carrier and check condition of the product in attendance of the carrier. In case damage to the product is discovered, the Buyer has right to refuse handing over of the product. Any complaint made after that moment will be rejected.
6.6. Complaints on mechanical damage to the product not apparent upon handing-over of the product shall be raised immediately after handing-over of the product, however, at latest within 48 hours after delivery of the product.
6.7. In case of non-delivery of the product by the Seller within the period prescribed in paragraph 6.1. of the General Contract Terms, the Buyer has right to withdraw from the Contract of Sale and the Seller shall return to the Buyer the purchase price already paid in the manner prescribed in paragraph 11.12. of the General Contract Terms.
6.8. The delivery of the product to the Buyer also includes an invoice.
7. PURCHASE PRICE
7.1. The Buyer shall pay purchase price to the Seller for product as agreed in the Contract of Sale and/or as indicated in the price list of the Seller valid at the time of the Contract of Sale formation, including costs connected with delivery of the product after Order acceptance (hereinafter as the “Purchase Price”).
7.2. The Buyer may pay Purchase Price for product and costs connected with delivery of the product under the Contract of Sale to the Seller by a wire transfer through selected systems for individual countries. List of wire transfer payment systems available for individual countries is presented in Annex No. 2 (Payment Methods)
7.3. In case the Buyer pays Purchase Price to the Seller by wire payment system, the date of payment shall be the day on which the account of the Seller is credited with the entire Purchase Price including costs of delivery.
7.5. In case it is usual in business or in case it is prescribed by the legislation, the Seller shall draw tax document – invoice with respect to payments made under the Contract of Sale by the Buyer. The Seller is registered for payment of value added tax. The tax document – invoice will be drawn to the Buyer after payment of the price for the product and sent in electronic form to the E-Mail Address of the Buyer.
7.6. Discounts from price of the product granted by the Seller to the Buyer may not be cumulated.
8. ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK
8.1. The Seller reserves ownership to the product, i.e. the Buyer may only acquire ownership after complete payment of the Purchase Price.
8.2. The Seller is not bound by any codes of conduct towards the Buyer pursuant to Section 1826 (1) (e) of the Civil Code.
8.3. Out of court settlement of consumer disputes from the Contract of Sale shall be tried by the Slovak Trade Inspection (Slovenská obchodná inšpekcia, hereinafter as the “SOI”), Inspectorate SOI for Košice Region, Vrátna 3, P. O. BOX A35, 043 79 Košice 1, tel.: 055/622 07 81, fax: 055/622 45 47, http://www.soi.sk/sk/Kontakt.soi .
8.2. Risk of damage to the product passes upon the Buyer at the time of handing over of the product from the Seller and in case of failure to hand over on time, at the time when the Seller makes the product available and the Buyer fails to hand over the product.
9. COMPLAINT PROCEDURE
9.1. This complaint procedure regulates form of filing complaints and procedure for resolving of complaints. Complaints shall be resolved in accordance with this complaint procedure, with the Civil Code and with the Act on consumer protection.
9.2. The Seller shall be liable for all defects of the sold product existing upon its handing-over by the Buyer, provided that the product is subject to warranty and provided that it was purchased from the Seller. With exception of perishable products and second-hand products, the Seller is liable for defects arising after delivery in the course of warranty period.
9.3. In case the product has defects, the Buyer may file complaint by delivering the product to the address of registered office of the Seller. To avoid any doubts, the Buyer may always file complaint with respect to products or services or may file suggestions at the place of registered office of the Seller:
TJ Trade s.r.o. – Certified fulfilment partner of Diawin Deutschland GmbH
Čermeľská cesta 1, Košice 040 01
Tel.: 055 633 74 391
9.4. The Buyer shall describe type and scope of defects of the product in his complaint. The date of fulfilling of both above-mentioned requirements shall represent the day of filing of the complaint.
9.5. The Seller shall issue a confirmation on filing of the complaint to the Buyer in suitable form chosen by the Seller, e.g. by means of an e-mail message or in writing, which shall include precise description of defect of the product in accordance with Section 18 (5) of Act on consumer protection and the Seller shall instruct the consumer on his rights arising from Sections 622 and 623 of the Civil Code.
9.6. In case of remediable defect, the Buyer has right to its free-of-charge remedy performed duly and on time. The Seller shall remedy such defect without undue delay.
9.7. In case of non-remediable defect which prevents proper using of the product, the Buyer has right to replacement of the product and right to withdraw from the contract. In case of other non-remediable defects, the Buyer has right to reasonable discount from the price.
9.8. Following the decision of the Buyer on invoking of right pursuant to Sections 622 and 623 of the Civil Code, the Seller shall determine the manner of resolving the complaint pursuant to Section 2 (m) of Act on consumer protection immediately, in complicated cases within 3 days after commencement of the complaint procedure and in justified cases, in particular in case resolving of the complaint requires technical assessment of the product, at latest within 30 days after commencement of the complaint procedure.
9.9. Following the determination of manner of resolving of the complaint, the Seller shall resolve the complaint immediately, in justified reasons at latest within 30 days after filing of the complaint. In case the complaint is not resolved in the above-specified period, the consumer has right to withdraw from the contract or to replacement of the product by a new product.
9.10. The Seller shall inform the Buyer about concluding of the complaint procedure in the manner agreed by parties to contract (by an e-mail message or by a registered mail) and the Buyer shall receive the product with enclosed complaint protocol.
9.11. In case the Buyer files complaint within first 12 months after the date of Contract of Sale, the Seller may only reject the complaint based on expert report or report issued by authorized, notified or certified entity or accredited person or based on report of selected entity (hereinafter as the “Expert Assessment”). Regardless of the result of Expert Assessment, the Seller may not claim reimbursement of costs of such Expert Assessment from the Buyer, nor of any other costs connected with Expert Assessment.
9.12. In case the Buyer files complaint after 12 months from the Contract of Sale and the Seller rejects the complaint, in the complaint protocol the person who handled the complaint shall indicate the entity authorized for Expert Assessment of the product that can be contacted by the Buyer. In case the Buyer sends the product for Expert Assessment to the entity indicated in the complaint protocol, costs of Expert Assessment of the product, as well as other costs reasonably incurred in connection therewith shall be borne by the Seller, regardless of the result of Expert Assessment. In case based on the Expert Assessment the Buyer proves liability of the Seller for the notified defect of the product, the complaint may be raised once again; the warranty period is suspended for the period of the Expert Assessment. The Seller shall reimburse the Buyer within 14 days after the repeated complaint for all costs concerning the Expert Assessment or reasonable costs connected therewith. The repeated complaint may not be rejected.
9.13. Claims from liability for defects of products subject to warranty period are terminated unless they have been asserted during the expiration period. Warranty period shall be 24 months (unless a special period is prescribed in particular case) and commences upon handing over of the product by the Buyer. The warranty period is extended by period during which the Buyer could not use the product due to repairs made under the warranty.
9.14. For the purpose of complaint procedure:
9.14.1. repeated remediable defect means a single remediable defect which occurred more than twice,
9.14.2. several different remediable defects mean more than three different remediable defects occurring at once,
9.14.3. period during which the Buyer cannot use the product because of its defects means total period exceeding 180 days.
10. PERSONAL DATA PROCESSING
10.1. The Seller hereby informs the Buyer that pursuant to Section 10 (3) (b) of Act No. 122/2013 Coll. on personal data protection as amended the Seller as a controller in the course of Contract of Sale formation processes personal data of the Buyer as data subject without his consent, as processing of personal data of the Buyer performed by the Seller forms part of pre-contractual relationship with the Buyer and their processing is essential for performance of the Contract of Sale to which the Buyer is a party.
10.2. None of the provided personal data will be published or provided to third party, with exception of providing of data for distribution or payment procedure concerning the ordered product (notification of name and surname, delivery address, e-mail address, telephone number and account number). The Seller shall proceed in such manner so as to prevent any harm to data subject, in particular harm to right to human dignity, and ensures protection against unjustified interference into private and personal life of the data subject.
10.3. Legal basis for processing of personal data of the Buyer shall be the contractual relationship, i.e. the Contract of Sale agreed by the Seller and the Buyer.
10.4. The Buyer acknowledges that he is obliged to provide correct and true personal data in the order placed through Website E-Shop Interface.
10.5. Personal data will be processed for indefinite period. Personal data will be processed in electronic form by automatized procedure or in printed form by non-automatized procedure.
10.6. The Buyer acknowledges that the provided personal data are accurate and that he was instructed on voluntary nature of providing of personal data.
11. SENDING OF COMMERCIAL NOTIFICATIONS AND COOKIES
11.1. The Buyer grants consent with sending of information connected with products, services or business of the Seller to the electronic address of the Buyer and grants consent with sending of commercial notifications by the Seller to the e-mail address of the Buyer.
11.2. The Buyer grants consent with saving of Cookies into his computer. In case it is possible to make a purchase at website and to fulfil obligations of the Seller from the Contract of Sale even without saving of Cookies into computer of the Buyer, the Buyer may withdraw the consent granted under the previous sentence at any time.
12. WITHDRAWAL FROM THE CONTRACT
12.1. The Seller may withdraw from the Contract of Sale on the grounds that the product is out of stock, is unavailable or because its producer, importer or supplier suspended its production or made such substantive changes which resulted in inability of the Seller to fulfil its obligations arising from the Contract of Sale or on the grounds of force majeure which cannot be overcome even after using best endeavours which may reasonably be expected, resulting in inability to deliver the product to the Buyer within the period prescribed in these Contract Terms or deliver it for the price indicated in the E-Shop. The Seller shall immediately inform the Buyer about any such circumstance and shall return the already paid advance payment for the product within 14 days after notification on withdrawal from the contract and shall pay the sum in the similar manner as used by the Buyer in the original transaction, unless otherwise expressly agreed with the Buyer.
12.2. Pursuant to Section 7 et seq of Act on consumer protection in distance sale of products, the Buyer has right to withdraw from the Contract of Sale without specifying grounds for withdrawal within period of 14 days after handing-over of the product. The period for withdrawal from the contract is considered to be met, provided that the notification on withdrawal from the contract was sent to the Seller at latest on the last day of that period.
12.3. The Buyer may not withdraw from the contract concerning:
12.3.1. sale of product manufactured pursuant to specific requirements of the Buyer,
12.3.2. sale of products made-to-measure or
12.3.3. sale of product intended specially for a single Buyer,
12.3.4. sale of products sealed in protective packaging which cannot be returned on the grounds of health protection, sanitary reasons or because of corruption of its protective packaging and
12.3.5. in other cases as prescribed in Section 7 (6) of Act on consumer protection in distance sale of products.
12.4. In case of purchase of consumer goods, withdrawal from contract is only permitted provided that the Buyer returns the product undamaged, unused and in uncorrupted original packaging.
12.5. The Buyer may assert right to withdraw from the contract towards the Seller in writing in a form of document or by means of record on any permanent carrier or by using of withdrawal form (see enclosed) sent to address of the registered office of the Seller.
12.6. Withdrawal from the Contract of Sale made through the withdrawal form pursuant to the previous paragraph of the General Contract Terms or made in another form must contain all information required therein, in particular precise specification of the product, date of order, name and surname of the Buyer, address of the Buyer, signature of the Buyer, form of returning of already received payment by the Seller, in particular bank account number and/or postal address, date. Upon withdrawal from the Contract of Sale, the Buyer is obliged to return to the Seller the product including all its appurtenances and documents, user manual, warranty card, proof of payment, etc. and to return it in its original packaging if possible, by sending it to the specified address in annex No. 3 (Addresses in Individual Countries for Returning, Replacement or Complaints Concerning Product).
12.7. Upon withdrawal, the contract is cancelled from the beginning. In case the Buyer withdraws from the contract, all supplementary contracts connected with such withdrawn contract are also cancelled.
12.8. The Buyer may withdraw from the contract on delivery of product also prior to commencement of period for withdrawal. Period for withdrawal is met in case the Buyer sends notification on withdrawal from the contract prior to commencement of the period for withdrawal.
12.9. The Buyer shall at latest within 14 days after withdrawal from contract send back or return the product to the Seller, including all its appurtenances and documents, user manual, warranty card, proof of payment, etc. and shall return it in its original packaging if possible, without prejudice to paragraph 11.4. of the General Contract Terms.
12.10. In case of withdrawal from the contract, the Buyer bears direct costs of returning of the product to the Seller or to person authorized by the Seller to receive such product, as well as costs for returning of the product which cannot, because of its nature, be returned by postal services. Direct costs connected with returning of the product cannot be calculated in advance. According to available information, the estimated amount of such costs may, depending on size and weight of particular product, distance of location for returning and on depending on costs of services of individual carrier chosen by the Buyer, vary between 2.- EUR and 150.- EUR.
12.11. In case the Buyer fails to fulfil any of the obligations specified in paragraphs 11.5., 11.6. and 11.9. of the General Contract Terms, the withdrawal from Contract of Sale is invalid and unenforceable and the Seller has no obligation to return received payments pursuant to paragraph 11.12. of the General Contract Terms to the Buyer and the Seller has right to reimbursement of costs connected with repeated delivery of the product back to the Buyer.
12.12. Upon withdrawal from contract, the Seller shall return to the Buyer all payments provably made by the Buyer in connection with the contract, in particular the Purchase Price including all costs of delivery of the product to the Buyer. The Seller has no obligation to reimburse the Buyer for additional costs of returning of the product in case the Buyer opted for a manner of returning which does not represent the cheapest usual manner of returning offered by the Seller. Additional costs shall mean a margin between costs of returning by manner chosen by the Buyer and costs of the cheapest usual manner of returning offered by the Seller. Payments shall be returned to the Buyer within 14 days after service of the notification of the Buyer on withdrawal to the Seller. Payment will be made without any further charges in the same form as used by the Buyer to make payments in favour of the Seller, unless a different mode of payment is indicated in the withdrawal form by the Buyer.
12.13. The Seller has no obligation to return all payments to the Buyer pursuant to paragraph 11.12 of the General Contract Terms until the Buyer returns the product or until the Buyer proves dispatching of product for its returning to the Seller. Payment for purchased product will be returned by the Seller only after delivery of the returned product to the address indicated in paragraph 11.6. of the General Contract Terms or after submitting of proof of dispatching of the product, whichever event occurs first.
12.14. In case the Buyer withdraws from the contract pursuant to paragraph 11.2. of the General Contract Terms and returns the product to the Seller used or damaged or incomplete or having value decreased by manner of its using which exceeds the scope of using necessary for inspection of characteristics and operation of the product, the Seller has right to compensation for damages in the amount corresponding to costs of repair of the product and costs of its renovation into original condition or the Seller has right to claim refund of decrease in value of the product from the Buyer.
13. DISPUTES RESOLUTION
EUROPEAN DISPUTES RESOLUTION
European legislation requires all e-shops to include the following link to the European Commission’s Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/.
Please note that we try to resolve any problems with our customers directly (email@example.com).
13.1. In case the Buyer is not satisfied with handling of his complaint by the Seller or in case the Buyer asked the Seller for remedy and is not satisfied with manner of resolving of such request by the Seller and the Buyer thinks his rights were violated, pursuant to Act No. 391/2015 Coll. on alternative consumer dispute resolution and on amendment and supplementing of several statutes, the Buyer has right to request remedy from the Seller. In case the Seller refuses such remedy or fails to respond to such request within 30 days after sending of the request, the Buyer has right to file motion for commencement of alternative dispute resolution procedure with authority for alternative dispute resolution. The authority for alternative dispute resolution is Slovak Trade Inspection (Slovenská obchodná inšpekcia), Prievozská 32, P.O. Box 5, 820 07 Bratislava or another competent legal entity registered in the register of authorities for alternative dispute resolution administered by the Ministry of Economy of the Slovak Republic (the register is accessible at http://www.mhsr.sk). The Buyer has right to choose any such authority for alternative dispute resolution.
13.2. Pursuant to the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the Buyer has right to use online dispute resolution platform (hereinafter as the “ODR”) for resolving of disputes with the Seller in the language chosen by the Buyer. The Buyer may alternatively use the ODR platform accessible through http://ec.europa.eu/consumers/odr/ for resolving of his dispute. When filing motion through the ODR platform, the Buyer shall fill in electronic complaint form. Information indicated by the Buyer must be sufficient to determine competent authority for online alternative dispute resolution. The Buyer may enclose documents supporting his complaint.
13.3. In case the Seller concludes the complaint procedure by its justified rejection and the product is still objectively defective and the defect has not been remedied or in case of violation of rights of the Buyer, the Buyer has right to claim the remedy through domestic courts of the Slovak Republic.
14. FINAL PROVISIONS
14.1. The Seller reserves right to amendment of the General Contract Terms. However, each contract is governed by the version of General Contract Terms in force upon its formation.
14.2. In case the Contract of Sale is made in writing, any amendment thereto must also be made in writing.
14.3. To avoid any doubts, the parties to contract have agreed that the term of using means time period from delivery of the product to the Buyer (including the date of delivery) until the date of returning of the product to the Seller or the date of handing over of the product to courier for the purpose of its returning to the Seller.
14.4. The parties to contract have agreed that all communication between them shall primarily be made by e-mail messages or by mail.
14.5. The General Contract Terms come into force with respect to the Buyer upon sending of electronic order by the Buyer.
14.6. In case of any objections against provisions of the General Contract Terms, the Buyer has right to contact the Seller and to propose their amending.
The General Contract Terms come into force on 1 April 2018.