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General terms and conditions
1. General provisions
These business and complaint conditions govern the rights and obligations of the contracting parties resulting from the purchase contract concluded between the seller, which is STELLO s.r.o., with registered office at 1. mája 140/14, 900 84 Báhoň. IČO: 44725701 registered in the Commercial Register of the District Court Bratislava I,
Department: Sro, file c.: 57907/B (hereinafter referred to as "seller") and the buyer, the subject of which is the purchase and sale of goods on the seller's e-commerce website.
Contact details of the seller:
STELLO s.r.o., with registered office at 1. maja 140/14, 900 84 Báhoň. ID number: 44725701 registered in the Commercial Register of the District Court of Bratislava I, Department: Sro, insert c.: 57907/B
VAT number: 2022803123
VAT number: SK2022803123
Phone: +421 915 399 662
Email: stello@stello.sk
Supervisory authority:
SOI Inspectorate for Bratislava region
Bajkalská 21/A, PO BOX no. 5, 820 07 Bratislava
Supervision Department
ba@soi.sk
tel. no. 02/58 27 21 72, 02/58 27 21 04
fax no. 02/58 27 21 70
https://www.soi.sk
1.1. These commercial and complaint terms and conditions in the version valid on the day of the conclusion of the purchase contract are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written sales contract in which they agree on terms deviating from these terms and conditions of sales and complaints, the provisions of the sales contract will take precedence over these terms and conditions of sales and complaints. The conditions agreed in this way must not be in conflict with other legal regulations (shortening the deadline for returning goods, warranty period, etc.). All contractual relationships are concluded in accordance with the legal order of the Slovak Republic.
1.2. For the purposes of these commercial and complaint terms and conditions, a supplementary contract is understood as a contract based on which the buyer acquires goods or is provided with a service related to the subject of the purchase contract, if the goods are delivered or the service is provided by the seller or a third party based on their agreement.
1.3. The displayed purchase price for goods on any e-commerce website operated by the seller also includes value added tax in the amount determined by the applicable legislation of the Slovak Republic and does not include the price for transporting goods or other optional services. All promotions are valid while supplies last, unless otherwise stated for a specific item.
1.4. The seller reserves the right to modify the price of the goods listed on any e-commerce website operated by the seller at any time. The change in the price of the goods does not apply to purchase contracts concluded before the price change, regardless of the fact that the goods have not yet been delivered.
1.5. In the event that the seller does not comply with his obligations set out in the applicable legislation of the Slovak Republic or the European Communities or in these terms and conditions, the buyer can exercise his right against the seller through the relevant court.
2. Method of concluding the purchase contract
2.1. The buyer sends the proposal for the conclusion of the purchase contract to the seller in the form of a completed and sent form on the seller's website, with which he sent the proposal for the conclusion of the purchase contract, the subject of which is the transfer of the ownership right to the goods marked by the buyer for the purchase price and under the conditions specified in this order ( hereinafter referred to as " order ").
2.2. Subsequently, after sending the order, the buyer will receive an automatically executed notification of order acceptance in the electronic system of the seller to his e-mail address (hereinafter referred to as " confirmation of order delivery "). If necessary, all additional information regarding the buyer's order can be sent to the buyer's e-mail address.
2.3. The delivery confirmation contains information that the order has been delivered to the seller, but it is not an acceptance of the proposal to conclude a purchase contract.
2.4. The seller will then send information to the buyer's e-mail address about whether the buyer's order has been accepted (hereinafter referred to as " order acceptance "). Acceptance of the order contains information on the name and specification of the goods, the sale of which is the subject of the purchase contract, further data on the price of the goods and/or other services, information on the estimated delivery time of the goods, the name and data on the place where the goods are to be delivered and data on the possible the price, conditions, method and date of transportation of the goods to the agreed place of delivery of the goods for the buyer, information about the seller (business name, registered office, ID number, registration number in the commercial register, etc.), possibly other necessary information.
2.5. The purchase contract is concluded by delivery of the order acceptance in electronic or written form to the buyer.
2.6. Before sending the order, the seller informed the buyer in a clear, unequivocal, comprehensible and unmistakable way about pre-contractual information regarding claims, payment, business, transport and other conditions by:
a) informed about the main characteristics of the goods or the nature of the service to the extent appropriate to the used means of communication and the goods or service on the relevant catalog page of the seller's e-commerce,
b) informed about the seller's business name and registered office on the relevant subpage of the seller's e-commerce and in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's electronic store,
c) about the seller's telephone number and other data that are important for the buyer's contact with the seller, especially his e-mail address and fax number, if he has informed them on the relevant subpage of the seller's e-commerce and in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's electronic store,
d) the address of the seller, where the buyer can make a claim for goods or services, file a complaint or other initiative, was informed in art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller's electronic store,
e) on the total price of the goods or services, including value added tax and all other taxes, or if, due to the nature of the goods or services, the price cannot be reasonably determined in advance, the way in which it is calculated, as well as the costs of transport, delivery, postage and other costs and fees, or, if these costs and fees cannot be determined in advance, the fact that the buyer will be obliged to pay them is informed on the relevant catalog page of the seller's electronic store,
f) the terms of payment, terms of delivery, the period by which the seller undertakes to deliver the goods or provide the service, information on the procedures for applying and processing claims, complaints and suggestions of the buyer in the relevant articles of these terms and conditions of business and complaints, which are located at the relevant subpage of the seller's e-commerce,
g) information about the buyer's right to withdraw from the purchase contract, the conditions, time limit and procedure for exercising the right to withdraw from the contract was reported in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's electronic store,
h) on the provision of the form for withdrawal from the purchase contract, informed in art. 10 and in the annex to these business and complaint conditions, which are located on the relevant subpage of the seller's electronic store; at the same time, the seller provided the form for withdrawal from the purchase contract in the annex to these terms and conditions, which are located on the relevant subpage of the seller's e-commerce
i) on the information that if the buyer withdraws from the purchase contract, he will bear the costs associated with returning the goods to the seller according to § 10 par. 3 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws (hereinafter referred to as the "Act on Consumer Protection in Distance Selling"), and if he resigns from the purchase contract, as well as the costs of returning the goods, which due to their nature cannot be returned via post, informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's electronic store,
j) on the buyer's obligation to pay the seller the price for the actually provided performance according to § 10 par. 5 of the Act on Consumer Protection in Distance Selling, if the buyer withdraws from the service contract after giving the seller express consent according to § 4 par. 6 of the Act on Consumer Protection in Distance Selling informed in Art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's electronic store,
k) about the circumstances under which the buyer loses the right to withdraw from the contract informed in art. 10 of these business and complaint conditions, which are located on the relevant subpage of the seller's electronic store,
l) on instruction on the responsibility of the seller for defects in goods or services according to sec. § 622 and 623 of the Civil Code informed in Art. 8 of these business and complaint conditions, which are located on the relevant subpage of the seller's electronic store,
m) on the existence and details of the guarantee provided by the manufacturer or the seller according to stricter principles than established by section § 502 of the Civil Code, if the manufacturer or seller provides it, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of goods or the provision of services, if such assistance is provided, is provided on the relevant catalog page of the seller's electronic store and Art. 9 of these business and complaint conditions, which are located on the relevant subpage of the seller's electronic store,
n) informed about the existence of relevant codes of conduct, which the seller has undertaken to comply with, and the way in which the buyer can familiarize themselves with them or obtain their wording on the relevant catalog page of the seller's e-commerce,
o) on the duration of the contract, if it is a contract concluded for a fixed period; if it is a contract concluded for an indefinite period or if it is a contract in which its validity is automatically extended, information on the terms of termination of the contract is also provided on the relevant catalog page of the seller's electronic store and in these business and complaint conditions, which are located on the relevant sub-page of the electronic seller's store,
p) about the minimum duration of the buyer's obligations arising from the purchase contract, if the purchase contract implies such an obligation for the buyer, he informed on the relevant catalog page of the seller's e-shop and in these business and complaint conditions, which are located on the relevant sub-page of the seller's e-shop,
q) about the buyer's obligation to pay an advance or provide other financial security at the seller's request and about the conditions that apply to its provision, if the purchase contract results in such an obligation for the buyer, inform the seller on the relevant catalog page of the seller's electronic store and in these terms and conditions of business and complaints, which are placed on the relevant subpage of the seller's electronic store,
r) about the functionality, including the applicable technical protection measures to secure electronic content, if appropriate, informed on the relevant catalog page of the seller's electronic store and in these business and complaint conditions, which are located on the relevant subpage of the seller's electronic store,
s) about the compatibility of electronic content with hardware and software, which the seller knows about or it is reasonable to expect that he knows about them, if it is appropriate, he informed on the relevant catalog page of the seller's electronic store and in these business and complaint conditions, which are located on the relevant sub-page the seller's electronic store,
t) about the possibility and conditions of resolving the dispute out of court through the system of alternative dispute resolution, if the seller has committed to using this system, he has informed on the relevant catalog page of the seller's e-shop and in these terms and conditions of business and complaints, which are located on the relevant sub-page of the seller's e-shop,
u) about the actions necessary to conclude the purchase contract, by describing these necessary actions in these business and complaint conditions, which are located on the relevant subpage of the seller's electronic store,
v) that the purchase contract will be stored in electronic form with the seller and is available to the buyer after the buyer requests it in writing, informed on the relevant catalog page of the seller's electronic store and in these business and complaint conditions, which are located on the relevant sub-page of the electronic seller's store,
w) informed that the language offered for concluding the contract is Slovak on the relevant catalog page of the seller's e-shop and in these business and complaint conditions, which are located on the relevant sub-page of the seller's e-shop.
2.7. If the seller has not fulfilled the information obligation regarding the payment of additional fees or other costs according to point 2.6. letter e) of these business and complaint conditions or about the costs of returning the goods according to point 2.6. letter i) of these business and complaint conditions, the buyer is not obliged to pay these additional costs or fees.
3. Rights and obligations of the seller
3.1. The seller is obliged to:
a) based on the order confirmed by acceptance, deliver the goods to the buyer in the agreed quantity, quality and time and pack them or equip them for transport in a manner necessary for their preservation and protection,
b) ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic,
c) immediately after the conclusion of the purchase contract, but no later than together with the delivery of the goods, provide the buyer with a confirmation of the conclusion of the purchase contract on a durable medium, for example via e-mail. The confirmation must contain all the information mentioned in point 2.6. including the form for withdrawing from the purchase contract.
d) hand over to the buyer together with the goods in written or electronic form at the latest all the documents necessary for taking over and using the goods and other documents prescribed by the valid legal regulations of the Slovak Republic (instructions in the Slovak language, warranty card, delivery note, tax document).
3.2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
3.3. If, due to sold-out stocks or unavailability of the goods, the seller is unable to deliver the goods to the buyer within the time period agreed in the purchase contract or determined by these commercial and complaint conditions or for the agreed purchase price, the seller is obliged to offer the buyer a substitute performance or the possibility for the buyer to withdraw from the purchase contract ( cancel the order). The buyer can withdraw from the purchase contract or cancel the order by sending an e-mail. If the buyer has already paid the purchase price or part of it, the seller will return the already paid purchase price or part of it within 14 days from the date of delivery of the e-mail about withdrawal from the purchase contract or cancellation of the order to the buyer on the account designated by him, unless the parties agree otherwise. If the buyer does not accept the alternative performance offered by the seller within a reasonable period of time or withdraw from the purchase contract, the seller is entitled to withdraw from the purchase contract, and if the buyer has already paid the purchase price or part of it, the seller is obliged to return the already paid purchase price or part of it within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.
4. Rights and obligations of the buyer
4.1. The buyer was informed by the seller that part of the order is the obligation to pay the price.
4.2. The buyer is obliged to:
a) take over the ordered and delivered goods,
b) pay the seller the agreed purchase price within the agreed due date, including the costs of delivering the goods,
c) confirm receipt of the goods in the delivery note with his signature or the signature of a person authorized by him.
4.3. The buyer has the right to deliver the goods in the quantity, quality, date and place agreed by the contracting parties.
5. Delivery and payment conditions
5.1. The usual availability of goods with the date of their dispatch is indicated for each item on the website of the electronic store.
5.2. If the seller and the buyer have not agreed otherwise in the purchase contract, the seller is obliged to deliver the item to the buyer without delay, no later than 30 days from the date of conclusion of the purchase contract. If the seller has not fulfilled his obligation to deliver the thing within the period according to the first sentence, the buyer will ask him to deliver the thing within the additional reasonable period provided by him. If the seller does not deliver the item even within this additional reasonable period, the buyer is entitled to withdraw from the contract.
5.3. The seller is entitled to invite the buyer to take over the goods even before the expiry of the deadline for the delivery of the goods agreed in the purchase contract.
5.4. The display of the goods on the monitor may not exactly correspond to the real condition of the goods as the buyer will perceive them in reality. The display of color shades depends, among other things, on the quality of the display monitor, or other used display device.
5.5. The buyer is obliged to take over the goods at the place that is the seller or his representative, authorized to deliver the goods and the buyer agreed in the purchase contract or in another way in the time before the delivery of the goods (hereinafter referred to as "Place" ) . The buyer is obliged to take over the goods within the time period agreed by the seller or his representative, authorized to deliver the goods, and the buyer in the purchase contract or in another way before the delivery of the goods (hereinafter referred to as "Time Range" ) .
5.6. In the event that the seller delivers the goods to the buyer at the Place and in the Time frame, the buyer is obliged to take over the goods personally or to ensure that the goods are taken over by a person whom he authorizes in case of his absence to take over the goods and to sign a protocol on payment of the purchase price and delivery and handover of the goods. The third party authorized to take over the goods is obliged to submit a copy of the order acceptance to the seller. The goods are considered delivered and accepted at the moment of delivery of the goods to the buyer. Delivery of the goods to the buyer means the delivery of the goods to the Location, their acceptance by the buyer or a third party authorized by the buyer and the signing of the protocol on payment of the purchase price and delivery and handover of the goods by the buyer or a third party authorized by the buyer.
5.7. If it is necessary to repeat the delivery of the goods due to the absence of the buyer at the Place and in the Time Range, or in the event that the buyer, without prior written withdrawal from the purchase contract, does not take over the goods within 7 days after the futile expiration of the Time Range, the seller is entitled to claim compensation for the incurred damage in the amount the actual costs of an attempt to unsuccessfully deliver the goods to the Site.
5.8. The purchase contract is concluded with a severance clause stating that if the buyer does not pay the seller the agreed purchase price in accordance with point 4.2 of these terms and conditions within 15 days from the seller's invitation to take over the goods, the contract is canceled from the beginning, the contracting parties will return or replace all received performance and the seller acquires the right to freely dispose of the ordered goods.
5.9. The buyer is entitled to check the shipment, i.e. the goods as well as their packaging, immediately after delivery in the presence of the seller's representative. In the event of the existence of a defect in the goods and/or in the event that the shipment is not complete (a lower number of goods, or the ordered goods are missing), the seller's representative is obliged to allow the buyer to make a record of the extent and nature of the defect in the goods, the correctness of which will be confirmed by the seller's representative. On the basis of the record thus prepared and delivered to the seller, the buyer can subsequently refuse to accept the delivered goods with a defect or confirm the delivery of the goods with a defect, and subsequently in accordance with Art. 8 of these commercial and complaint conditions to apply for a complaint of product defects with the seller or a designated person. In the event that the buyer refuses to take delivery of the delivered goods with a defect, the seller shall bear all costs incurred for returning the goods to the seller.
5.10. The buyer is entitled in the event of non-delivery of the goods by the seller within the period specified in point 5.2. of these terms and conditions to withdraw from the purchase contract and the seller is obliged to return to the buyer the already paid part of the purchase price within 14 days from the delivery of the withdrawal from the purchase contract by cashless transfer to the buyer's bank account specified by the buyer.
6. Purchase price
6.1. The purchase price for the goods agreed in the purchase contract between the seller and the buyer is stated in the acceptance of the order (hereinafter referred to as the " purchase price "). If the purchase price indicated in the order delivery confirmation is higher than the price for identical goods indicated in the e-commerce offer at the time the order is sent by the buyer, the seller will deliver to the buyer an electronic message with information about the offer of a new purchase price in a different amount, which is considered the seller's proposal for closing of the new purchase contract, which must be explicitly confirmed by the buyer by e-mail or in writing in order for the purchase contract to be validly concluded.
6.2. The buyer is obliged to pay the seller the purchase price, including the costs of delivery of the goods in cash, or by payment card when taking over the goods in person, cash on delivery at the place of delivery of the goods or by non-cash transfer to the seller's account, indicated in the order acceptance or on the seller's website at the time before taking over the goods.
6.3. If the buyer pays the seller the purchase price by non-cash transfer, the date of payment is considered the day when the entire purchase price was credited to the seller's account.
6.4. The buyer is obliged to pay the seller the purchase price for the agreed goods within the period according to the purchase contract, but at the latest upon taking over the goods.
6.5. In the event that the buyer does not pay the seller the entire purchase price by the time the goods are delivered to the Site and the contracting parties have not agreed to pay the purchase price for the goods in installments, the seller is entitled to refuse delivery of the goods to the buyer.
6.6. The costs associated with the assembly and delivery of the goods are not included in the purchase price, and the seller is not obliged to provide these services to the buyer.
7. Acquisition of ownership and passing of the risk of damage to the goods
7.1. Upon receipt of the goods at the agreed place, ownership of the goods passes to the buyer. A buyer who does not meet the definition of a consumer specified in section § 2 letter a) of Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as " the Act "), acquires ownership of the goods only upon full payment of the entire purchase price for the goods.
7.2. The risk of damage to the goods passes to the buyer at the time when the buyer or a third person authorized by the buyer takes over the goods from the seller or his representative, authorized to deliver the goods, or when he does not do so in time, then at the time when the seller allows the buyer to handle the goods and the buyer will not take over.
8. Complaints procedure (responsibility for defects, warranty, complaints)
8.1. If it is a product defect that can be removed, the buyer has the right to have it removed free of charge, in a timely manner and properly. The seller is obliged to remove the defect without undue delay.
8.2. Instead of removing the defect, the buyer can demand the replacement of the goods, or if the defect concerns only a part of the goods, the replacement of the part, if this does not incur disproportionate costs for the seller in view of the price of the goods or the severity of the defect.
8.3. Instead of removing the defect, the seller can always replace the defective goods with perfect ones, if this does not cause serious difficulties for the buyer.
8.4. If it is a defect in the goods that cannot be removed and which prevents the goods from being properly used as a defect-free item, the buyer has the right to exchange the goods or withdraw from the purchase contract. The same rights belong to the buyer if the defects can be removed, but if the buyer cannot properly use the goods due to the reappearance of the defect after repair or due to a larger number of defects.
8.5. If there are other irreparable defects, the buyer has the right to a reasonable discount on the price of the goods.
8.6. The seller informed the buyer about his rights, which follow from paragraph § 622 of the Civil Code (items 8.1. to 8.3. of these commercial and complaint conditions) and the rights that arise from section § 623 of the Civil Code (points 8.4 to 8.5 of these terms and conditions of business and complaints) by placing these terms and conditions of business and complaints on the relevant subpage of the seller's electronic store and the buyer had the opportunity to read them before sending the order.
8.7. The seller is responsible for defects in the goods in accordance with the applicable regulations of the Slovak Republic, and the buyer is obliged to file a claim with the seller or with a designated person. Information on designated persons and service points for warranty and post-warranty service is listed on the back of the warranty card or will be provided by the seller to the buyer upon request by phone or e-mail.
8.8. The handling of complaints is subject to the valid complaint procedure of the seller, i.e. Art. 8 of these business and complaint terms and conditions. The buyer was properly familiarized with the complaint procedure and informed about the conditions and method of complaining about the goods, including information on where the complaint can be made, and about the performance of warranty repairs in accordance with section § 18 par. 1 of the Act at the time before the conclusion of the purchase contract by placing these terms and conditions on the relevant subpage of the seller's electronic store and the buyer had the opportunity to read them before sending the order.
8.9. The complaint procedure applies to goods purchased by the buyer from the seller in the form of an electronic store on the seller's electronic store website.
8.10. During the warranty period, the buyer has the right to claim responsibility from the seller for defects in the goods purchased from the seller, for which the manufacturer, supplier or seller is responsible.
8.11. If the goods show defects, the buyer has the right to file a claim at the seller's establishment in accordance with section § 18 par. 2 of the Act by delivering the goods to the seller's establishment and delivering to the seller an expression of the buyer's will to exercise his right according to points 8.1. until 8.5. these business and complaint terms and conditions (hereinafter referred to as the "Complaint Application Notice"), e.g. in the form of a completed complaint form, which is located on the relevant subpage of the seller's electronic store. The seller recommends insuring the goods when sending them for a claim. The seller does not accept cash-on-delivery shipments. The buyer is obliged to truthfully state all the required information in the Notice of Application of Complaint, in particular to indicate exactly the type and extent of the defect in the goods; the buyer will also indicate which of his rights arising from paragraph § 622 and 633 of the Civil Code applies. The buyer has the right to file a claim also with a person authorized by the manufacturer of the goods to carry out warranty repairs (hereinafter referred to as " designated person "). The list of designated persons is given in the warranty letter or the seller will send it to the buyer at his request.
8.12. The complaint procedure regarding the goods that can be delivered to the seller begins on the day when all the following conditions are fulfilled cumulatively:
a) delivery of the Notice of claim to the seller,
b) delivery of the claimed goods from the buyer to the seller or designated person,
c) delivery of access codes, passwords, etc. to the claimed goods to the seller, if these data are necessary for the proper processing of the claim;
8.13. If the subject of the complaint is goods that cannot objectively be delivered to the seller or that are firmly embedded, the buyer is, in addition to fulfilling the conditions according to points 8.12 letter a) and c) of these complaint and business conditions are obliged to provide all necessary cooperation for the inspection of the claimed goods by the seller or a third party designated by the seller. Complaint proceedings regarding goods that cannot objectively be delivered to the seller or that are firmly embedded begin on the day when the goods were inspected according to the first sentence. However, if the seller or a third party designated by him, despite the necessary cooperation provided by the buyer, does not ensure that the inspection is carried out within a reasonable period of time, but no later than within 10 days from the delivery of the Notice of Claim to the Seller, the claim procedure begins on the day of delivery of the Notice of Claim to the Seller.
8.14. The seller or a designated person will issue a confirmation of the application of the goods complaint to the buyer in a suitable form chosen by the seller, e.g. in the form of an e-mail or in writing, in which he is obliged to accurately indicate the claimed defects of the goods and once again instructs the consumer about his rights arising from point 8.1. until 8.3. these commercial and complaint terms and conditions (section § 622 of the Civil Code) and the rights arising from point 8.4. until 8.5. these business and complaint conditions (art. § 623 of the Civil Code). If the claim is made via means of remote communication, the seller is obliged to deliver the confirmation of the claim to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with a document on the completion of the claim; confirmation of the application of the claim does not need to be delivered if the buyer has the opportunity to demonstrate the application of the claim in another way.
8.15. The buyer is entitled to decide which of his rights in accordance with section § 622 and para. § 623 of the Civil Code is applied and at the same time he is obliged to immediately deliver information about his decision to the seller. On the basis of the buyer's decision, which of its rights in accordance with section § 622 and para. § 623 of the Civil Code is applied by the seller or a designated person obliged to determine the method of handling the complaint according to section § 2 letter m) of the Act immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required no later than 30 days from the date of the start of the complaint procedure. After determining the method of handling the complaint, the seller or the designated person will handle the complaint immediately, in justified cases the complaint can also be handled later. However, the processing of the claim must not take longer than 30 days from the date of application of the claim. After the expiry of the deadline for processing the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods.
8.16. If the buyer made a complaint about the goods within the first 12 months from the conclusion of the purchase contract, the seller can handle the complaint by rejecting it only on the basis of an expert opinion or an opinion issued by an authorized, notified or accredited person or the opinion of a designated person (hereinafter referred to as "expert assessment of the goods" ) . Regardless of the result of the expert assessment, the seller cannot require the buyer to pay the costs of the expert assessment of the goods or other costs related to the expert assessment of the goods.
8.17. If the buyer made a complaint about the product after 12 months from the conclusion of the purchase contract and the seller rejected it, the person who processed the complaint is obliged to indicate in the complaint handling document to whom the buyer can send the goods for expert assessment. If the buyer sends the goods for expert assessment to the specified person specified in the claim document, the costs of the expert assessment of the goods, as well as all other related costs, are borne by the seller, regardless of the result of the expert assessment. If the buyer proves the seller's responsibility for the claimed defect in the goods through a professional assessment, he can apply the claim again; the warranty period does not expire during the expert assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the renewed claim all costs incurred for the expert assessment of the goods, as well as all related costs incurred purposefully. A renewed claim cannot be rejected.
8.18. The warranty does not apply to defects of which the buyer was informed by the seller at the time of concluding the contract, or of which, taking into account the circumstances under which the purchase contract was concluded, he must have known.
8.19. The seller reserves the right to replace defective goods with other faultless goods with the same or better technical parameters, if this does not cause serious difficulties for the buyer.
8.20. The seller is not responsible for product defects:
a) if the buyer has not exercised his right regarding the seller's responsibility for the defect of the goods by the end of the warranty period of the goods,
b) if the defect of the goods is mechanical damage to the goods caused by the buyer,
c) if the defect of the goods was caused by the use of the goods in conditions that do not correspond in terms of intensity, humidity, chemical and mechanical effects to the natural environment of the goods,
d) if the defect of the goods was caused by unprofessional handling, service, or neglect of the care of the goods,
e) if the defect of the goods was caused by damage to the goods due to excessive loading, or use in violation of the conditions stated in the documentation or the general principles of the usual use of the goods,
f) if the defect in the goods was caused by damage to the goods by unavoidable and/or unforeseeable events,
g) if the defect of the goods was caused by damage to the goods by accidental destruction and accidental deterioration,
h) if the defect in the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure,
i) if the defect in the goods was caused by an unauthorized person tampering with the goods.
If the shipment is not complete, or if it is an obvious defect that the buyer could have discovered by inspecting the shipment upon delivery of the goods and which he did not notify the seller's representative in accordance with point 5.9 of these complaints and business conditions, later complaints of this type will only be accepted if the buyer proves that the goods already had the claimed defects in at the time of its acceptance by the buyer.
8.21. The seller is obliged to handle the complaint and end the complaint procedure in one of the following ways:
a) by handing over repaired goods,
b) by exchanging goods,
c) by returning the purchase price of the goods,
d) by paying a reasonable discount on the price of the goods,
e) by a written invitation to take over the performance determined by the seller,
f) justified rejection of the goods claim.
8.22. The seller is obliged to issue a written document to the buyer about the method of determining the processing of the claim and the processing of the claim no later than 30 days from the date of the claim in person, through a postal or courier or delivery service provider.
The seller will inform the buyer about the result of handling the complaint immediately after the end of the complaint procedure by phone or e-mail, and at the same time, together with the goods, or proof of processing of the complaint delivered via e-mail.
8.23. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases. Sent sports nutrition products, food in gift baskets and animal feed have a minimum shelf life of more than 2 months before the expiration date, in the case of a shorter expiration date, the seller contacts the buyer by phone or e-mail and the shipment is sent only with the buyer's consent.
8.24. The warranty period is extended by the time during which the buyer could not use the goods due to the warranty repair of the goods.
8.25. In case of exchange of goods for a new one, the buyer will receive a document on which information about the exchange of goods will be given, and any other claims are applied on the basis of the purchase contract and this claim document. In the case of exchanging the goods for a new one, the warranty period starts again from the receipt of the new goods, but only for the new goods.
8.26. As far as a removable defect is concerned, the claim will be handled depending on the buyer's decision according to point 8.15. of these complaint and business conditions in the following way:
a) the seller ensures the removal of the defect, or
b) the seller replaces the defective goods.
8.27. With regard to a defect that can be removed and the buyer does not determine without delay according to point 8.15. of these complaint and business conditions, how the complaint should be processed, the seller will resolve the complaint by removing the defect.
8.28. If it is a defect that cannot be removed, or one defect that can be removed multiple times, or a larger number of different removable defects that prevent the goods from being properly used as without defects, the seller, depending on the buyer's decision according to point 8.15. of these complaint and business conditions, a complaint in the following way:
a) by exchanging goods for other functional goods with the same or better technical parameters, or
b) in the event that the seller is unable to exchange the goods for another, he will handle the claim by returning the purchase price for the goods.
8.29. Complaint processing applies only to defects listed in the Notice of claim and in the confirmation of the claim of the goods according to point 8.14. these complaint and business terms and conditions.
8.30. For the purposes of the complaint, the occurrence of one removable defect more than twice is considered to be a repeatedly removable defect.
8.31. For the purposes of the complaint, the occurrence of more than three different removable defects at the same time is considered a larger number of different removable defects.
8.32. The buyer is entitled to claim a defect in the goods after he has exercised his right and asked the seller to remove the defect in the goods according to point 8.1. of these complaint and business terms and conditions, and regardless of the outcome of the complaint, any re-application of the complaint for the same unique defect (not defects of the same type) will be rejected.
8.33. The provisions of Art. 8 of these complaint and business conditions do not expressly apply to entities that do not meet the definition of consumer specified in section § 2 letter a) of the Act.
9. Personal data and their protection
9.1. The contracting parties have agreed that, for the purpose of proper equipment and delivery of the order, if the buyer is a natural person, he is obliged to inform the seller of his name and surname, address of permanent residence including zip code, telephone number and e-mail address in the order.
9.2. The contracting parties have agreed that, for the purpose of proper processing and delivery of the order, if the buyer is a legal entity, he is obliged to notify the seller in the order of his business name, registered office address, including zip code, social security number, VAT number (if assigned), telephone number and email address.
9.3. A buyer who has registered in the online store can check and change the provided personal data at any time
9.4. The seller hereby informs the buyer that pursuant to Art. 6 paragraph 1 letter b) Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation), ( hereinafter referred to as the " Regulation "), the seller, as the operator of the information system, will process the buyer's personal data in the process of concluding the purchase contract without his consent as the person concerned, since the processing of the buyer's personal data will be carried out by the seller within the framework of pre-contractual relations with the buyer and the processing of the buyer's personal data is necessary for performance from the purchase contract, in which the buyer acts as one of the contractual parties.
9.5. Pursuant to Art. 6 par. 1 letter f) Regulations can be issued by the seller after delivery of the ordered goods, or services to the buyer, on the basis of a legitimate interest to process the buyer's personal data for direct marketing purposes and to send to the buyer's e-mail address information about new products, discounts and promotions on the offered goods, or services.
9.6. The seller undertakes to handle and dispose of the buyer's personal data in accordance with the applicable legal regulations of the Slovak Republic.
9.7. The seller declares that in accordance with Art. 5 paragraph 1 letter a) and letter b) Regulations, will acquire the buyer's personal data exclusively for the purpose specified in these business and complaint conditions.
9.8. The seller declares that for purposes other than those stated in these business and complaint conditions, he will always obtain the personal data of the buyer separately on an adequate legal basis, and at the same time he will ensure that these personal data will be processed and used exclusively in a manner that corresponds to the purpose for which they were collected and will not combine them with personal data that was obtained for another purpose or for the purpose of fulfilling the purchase contract.
9.9. Before sending the order, the buyer will be asked to confirm by checking the box before sending the order that the seller has notified him in a sufficient, understandable and unmistakable way:
a) your identification data, which are listed in Art. 1. these business and complaint conditions proving the identity of the seller,
b) contact details of the seller, or responsible person of the seller,
c) the purpose of processing personal data, which is the conclusion of a purchase contract between the seller and the buyer and the legal basis for processing personal data,
d) that the buyer is obliged to provide the required personal data for the purpose of concluding the purchase contract and proper equipment and delivery of the order,
e) if the processing is based on Art. 6 paragraph 1 letter f) Regulations that the legitimate interest pursued by the seller is direct marketing,
f) identification data of the third party, which is the company that will deliver the ordered goods to the buyer, or identification data of other recipients or categories of personal data recipients, if any,
g) the period of storage of personal data, or criteria for its determination,
9.10. The seller declares that he will process personal data in accordance with good morals and will act in a way that does not contradict the Regulation or other generally binding legal regulations and will not circumvent them.
9.11. In accordance with the Regulation, the seller provides the following information to the buyer whose data it processes:
a) the identity and contact details of the seller and, in relevant cases, of the seller's representative,
b) contact details of any responsible person,
c) processing purposes for which personal data are intended, as well as the legal basis of processing,
d) if the processing is based on Art. 6 par. 1 letter f), legitimate interests pursued by the seller or a third party,
e) range of recipients, or categories of recipients of personal data, if they exist,
f) in the relevant case, information that the seller intends to transfer personal data to a third country or international organization,
g) the period of storage of personal data, or criteria for its determination,
h) information on the existence of the right to request from the seller access to his personal data and the right to their correction or deletion or restriction of processing or the right to object to processing as well as the right to data portability,
i) the right to file a complaint with the supervisory authority,
j) information on whether the provision of personal data is a legal or contractual requirement, or a requirement that is necessary to conclude a contract, whether the buyer is obliged to provide personal data, as well as the possible consequences of not providing such data,
k) the existence of automated decision-making, including profiling;
The buyer has the right to obtain from the seller a copy of the personal data that is being processed, if he also has the right to obtain all the above-mentioned information. For any additional copies requested by the buyer, the seller may charge a fee corresponding to the administrative costs of making a copy.
9.12. If the buyer exercises his right according to point 9.11 in writing or electronically and the content of his request shows that he is exercising his right according to point 9.11, the request is considered to have been submitted according to this Regulation.
9.13. The buyer has the right to object to the processing of his personal data by the seller, which he assumes are or will be processed for the purposes of direct marketing, including profiling to the extent that it is related to such direct marketing. If the buyer objects to such processing, the seller will stop processing personal data for direct marketing purposes from the date such objection is delivered to the seller, and the personal data of the affected buyer may no longer be and will not be processed for such purposes.
9.14. If the buyer suspects that his personal data is being processed without authorization, he can file a complaint with the Personal Data Protection Office of the Slovak Republic. If the buyer does not have full legal capacity, his rights can be exercised by a legal representative.
9.15. The seller will take appropriate measures in order to provide the buyer with all the information mentioned in point 9.11 in a concise, transparent, comprehensible and easily accessible form, clearly and simply formulated. The seller will provide information electronically or in accordance with the Regulation by other means agreed with the buyer.
9.16. The seller will provide the buyer with information on the measures taken based on the buyer's request without undue delay, in any case within one month from the delivery of the request.
9.17. The seller informs this buyer that due to the performance of the concluded contract, when processing the buyer's personal data, it is assumed that the buyer's personal data will be provided and made available to the following third parties, or range of beneficiaries:
Slovenská pošta, as, with registered office Partizánska cesta 9, 975 99 Banská Bystrica, ID number: 36631124, registered in the Commercial Register of the District Court of Banská Bystrica, Section Sa, Entry No. 803/S
123 kuriér s.r.o., with registered office at Vojtaššákova 616, 027 44 Tvrdošín, ID number: 46598863, registered in the Commercial Register of the District Court of Žilina, section: Sro, insert no. 57023/L
10. Withdrawal from the purchase contract
10.1. If the seller cannot fulfill his obligations arising from the purchase contract due to the stock being sold out, the unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract interrupted production or made such serious changes that made it impossible to fulfill the seller's obligations arising from the purchase contract, or for reasons of force majeure or if, even after making all the efforts that can be fairly required of him, he is not able to deliver the goods to the customer within the period determined by these terms and conditions or at the price specified in the order, the seller is obliged to immediately inform the buyer of this fact and at the same time, he is obliged to offer the buyer alternative performance or the possibility for the buyer to withdraw from the purchase contract (cancel the order). In the event that the buyer withdraws from the purchase contract for the reasons stated in this point of these complaints and business conditions, the seller is obliged to return to the buyer the deposit already paid for the goods agreed in the purchase contract within 14 days from the notification of withdrawal from the contract by transfer to the account specified by the buyer .
10.2. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with sec. § 7 et seq. Act no. 102/2014 Coll. on consumer protection in distance selling (hereinafter referred to as the "Consumer Protection in Distance Selling Act ") within 14 days from receipt of the goods, or from the date of conclusion of the contract for the provision of services or the contract for the provision of electronic content not delivered on a physical medium, if the seller has timely and properly fulfilled the information obligations according to section § 3 of the Act on Consumer Protection in Distance Selling.
10.3. Within this period, the buyer has the right to unpack and test the goods in a similar way as is usual when buying in a classic "brick and mortar" store, to the extent necessary to determine the nature, properties and functionality of the goods.
10.4. The period for withdrawing from the contract begins on the day when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if
a) the goods ordered by the buyer in one order are delivered separately, from the date of receipt of the last delivered goods,
b) delivers goods consisting of several parts or pieces, from the date of receipt of the last part or last piece,
c) on the basis of the contract, the goods are delivered repeatedly during the defined period, from the date of acceptance of the first delivered goods.
10.5. The buyer can withdraw from the purchase contract, the subject of which is the purchase of goods, even before the expiry of the withdrawal period.
10.6. The buyer must make the withdrawal from the contract in writing in a way that leaves no doubt that the contract has been withdrawn, or in the form of a record on another durable medium or using the form that forms Annex no. 1 of these business and complaint terms and conditions. The deadline for withdrawal from the contract is considered to have been observed if the notice of withdrawal from the contract was sent to the seller no later than the last day of the deadline according to section § 7 par. 1 of the Act on Consumer Protection in Distance Selling.
10.7. Withdrawal from the purchase contract according to the preceding point of these terms and conditions of business and complaints must contain the information required in the form for withdrawal from the purchase contract, which forms Annex no. 1 of these business and complaint conditions, in particular the identification of the buyer, the number and date of the order, the exact specification of the goods, the way in which the seller should return the payment already received, in particular the account number and/or postal address of the buyer.
10.8. If the buyer withdraws from the purchase contract, every additional contract related to the purchase contract from which the buyer withdrew is also canceled from the beginning. It is not possible to demand any costs or other payments from the buyer in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in section § 9 par. 3, paragraph § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Service Prices, if the subject of the contract is the provision of a service and the service has been fully provided.
10.9. The buyer is obliged to send the goods back to the address of the operator's registered office or hand them over to the seller or a person authorized by the seller to receive the goods without undue delay, but no later than within 14 days from the day of withdrawal from the purchase contract. This does not apply if the seller has suggested that he collects the goods personally or through a person authorized by him. The deadline according to the first sentence of this point of these terms and conditions of trade and complaints is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline.
10.10. The buyer is obliged to deliver the goods to the seller complete, including complete documentation, undamaged, preferably in the original packaging and unused.
10.11. It is recommended to insure the goods. The seller does not accept cash on delivery shipments. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the buyer all payments received from him on the basis of the purchase contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees . The seller is not obliged to return payments to the buyer according to this point of these terms and conditions of business and complaints before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller, unless the seller suggests that he collects the goods personally or through a person authorized by him.
10.12. The buyer bears the costs of returning the goods to the seller or the person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled the obligation according to § 3 par. 1 letter i) of the Act on Consumer Protection in Distance Selling.
10.13. The buyer is only responsible for the reduction in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods. The consumer is not responsible for a decrease in the value of the goods if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract according to § 3 par. 1 letter h) Act on Consumer Protection in Distance Selling.
10.14. The seller is obliged to return the purchase price for the goods to the buyer in the same way that the buyer used for his payment, unless he agrees with the buyer on another method of returning payments without additional fees being charged to the buyer in this regard.
10.15. In the event that the buyer withdraws from the contract and delivers goods to the seller that are used, damaged or incomplete, the buyer undertakes to pay the seller:
a) the value by which the value of the goods was reduced in accordance with sec. § 457 of the Civil Code in the actual amount
b) costs incurred by the seller in connection with the repair of the goods and their restoration to their original condition, calculated according to the price list for the post-warranty service of the goods.
Pursuant to this clause of the Complaints and Terms and Conditions, the buyer is obliged to pay compensation to the seller at most in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.
10.16. In accordance with sec. § 7 par. 6 of the Act on Consumer Protection in Distance Selling, the buyer cannot withdraw from the contract, the subject of which are:
- sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
- sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
- sale of audio recordings, video recordings, audio-visual recordings or computer software sold in protective packaging, if the consumer has unpacked this packaging,
- the provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.
- the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
10.17. The provisions of Art. 10 of these business and complaint conditions expressly do not apply to entities that do not meet the definition of consumer specified in section § 2 letter a) of the Act.
11. Final Provisions
11.1. If the purchase contract is concluded in written form, any change to it must be in written form.
11.2. The contracting parties have agreed that communication between them will be carried out in the form of e-mail messages.
11.3. The relevant provisions of the Civil Code, Act, Act No. 22/2004 Coll. on electronic commerce and on the amendment of Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment of certain laws as amended by Act no. 284/2002 Coll., as amended, and Act No. 102/2014 Coll. on consumer protection in distance selling and the Commercial Code.
11.4. If the consumer is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights, he has the opportunity to contact the seller with a request for correction. If the seller responds negatively to the request for correction or does not respond to it within 30 days from the date of its dispatch, the consumer has the right to submit a proposal to start an alternative solution to his dispute according to the provisions of § 12 of Act No. 391/2015 Coll. on alternative resolution of consumer disputes and amendments to some laws.
The competent entity for the alternative resolution of consumer disputes with the seller STELLO s.r.o. is the SOI Inspectorate for the Bratislava region, Bajkalská 21/A, PO BOX no. 5, 820 07 Bratislava, www.soi.sk or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at https://www.mhsr.sk); the consumer has the right to choose which of the listed entities of alternative resolution of consumer disputes to turn to.
11.5. The consumer can use the online dispute resolution platform, which is available on the website https://ec.europa.eu/consumers/odr/, to submit a proposal for an alternative resolution of their dispute.
11.6. These business and complaint conditions become effective against the buyer upon conclusion of the purchase contract.
11.7. Before sending the order, the buyer will be asked to check the box to confirm that he has familiarized himself with these terms and conditions, read them, understood their content and agrees with them in their entirety.
Annex no. 1
Contract withdrawal form
(fill in and send this form only if you wish to withdraw from the contract)
Whom ..............
Hereby I/we announce (*) that I/we withdraw (*) from the purchase contract for these goods/from the contract for the provision of this service (*): ..............
Date of order/date of receipt (*) ..............
Name of consumer(s) (*) ...............
Address of the consumer(s) (*) ..............
Signature of the consumer(s) (*) (only if this form is submitted in paper form) ..........................
A date ..................
(*) Cross out if not applicable.
Annex no. 2
Instruction on exercising the buyer's right to withdraw from the purchase contract
1. Right to withdraw from the purchase contract
You have the right to withdraw from this purchase contract without giving a reason within 14 days.
The period for withdrawing from the contract expires 14 days from the day when you or a third party designated by you, with the exception of the carrier, takes over the goods.
When exercising the right to withdraw from the purchase contract, inform us of your decision to withdraw from this purchase contract by a clear statement (for example, by letter sent by post, fax or e-mail) to the address ERING s.r.o., Kračúnovce 292, 087 01 Kračúnovce
For this purpose, you can use the sample form for withdrawing from the purchase contract, which can be found as attachment no. 1 of the business and complaint conditions. If you are interested, you have the option to fill out and send a sample form for withdrawal from the purchase contract or any other unequivocal declaration of withdrawal from the purchase contract electronically via our website [ insert website address ]. If you use this option, we will immediately confirm the withdrawal from the purchase contract by e-mail or on another durable carrier.
The withdrawal period from the purchase contract is preserved if you send a notice of exercise of the right to withdraw from the purchase contract before the withdrawal period from the purchase contract expires.
2. Consequences of withdrawal from the contract
In case of withdrawal from the purchase contract, we will return all payments you made in connection with the conclusion of the purchase contract, especially the purchase price, including the costs of delivering the goods to you. This does not apply to additional costs if you have chosen a different type of delivery than the cheapest normal delivery method offered by us or to the costs of additional services, if they were the subject of the contract and if they were fully provided. Payments will be returned to you without undue delay and in any case no later than 14 days from the day we receive your notice of withdrawal from this purchase contract. Their payment will be made in the same way that you used for your payment, unless you have expressly agreed to a different payment method, without charging any additional fees.
Payment for the purchased goods will be made to you only after the returned goods have been delivered back to our address or upon presentation of a document evidencing the return of the goods, whichever occurs first.
Send the goods back to us or bring them to the address of the company's headquarters without undue delay and in any case no later than 14 days from the date of exercising the right to withdraw from the contract. The period is considered to be preserved if you send the goods back before the 14-day period has expired. You bear the direct costs of returning the goods.
Please note that in the event of withdrawal from the purchase contract, you are responsible for any reduction in the value of the goods as a result of handling them between the time of delivery and the moment of their return in a manner other than that required to determine the nature, properties and functionality of the goods.