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Terms of services

General Terms and Conditions of the online store (e-shop)

Article I.

Definitions

  1. The operator of the website (e-shop) is Merch s.r.o., with its registered office at Slávičia 10 903 01 Senec.
  2. The seller of products marked with an asterisk and priced excluding VAT is Merch s.r.o., with its registered office at Slávičia 10 903 01 Senec (full details are provided in the contacts).
  3. The supplier of goods and services offered in the e-shop www.shop.balancetv.sk is the company Merch s.r.o., with its registered office at Slávičia 10 903 01 Senec (full details are provided in the contacts).
  4. The buyer is any visitor to the e-shop who has created an order through the e-shop. For the purposes of Act No. 102/2014 Coll., a consumer means a natural or legal person who does not purchase goods for the purpose of resale to other persons, for business purposes, or for the performance of employment or a profession.
  5. The e-shop is a computer system located on the internet network with public access, which enables ordering of goods or services.
  6. Goods or a service are all products published on the e-shop pages.
  7. An order is created by confirming the ordering process in the e-shop by the buyer selecting goods or services, including complete completion of the order form.
  8. The buyer fully acknowledges electronic communication primarily via the e-shop, e-mail communication as well as telephone communication.

 

Article II.

Price

  1. All stated prices for goods are final. Whether prices include 20% VAT is governed by the product display itself and the information in Art. I, para. 2 and para. 3.
  2. The seller is bound by the price stated on the e-shop website at the moment of purchase.

 

Article III.

Order

  1. An order is created by confirming the ordering process in the e-shop by the buyer selecting goods or services, including complete completion of the order form.. For proper processing of the order, it is necessary to fill in the required details in the order and choose shipping and payment options for the ordered goods or services.
  2. By submitting the order, the buyer agrees to the price of the ordered goods and services, and thus the order becomes binding for the consumer.
  3. By confirming the order by the seller, a purchase contract is concluded, which may be amended, cancelled or supplemented only on the basis of mutual agreement between the buyer and the seller, unless the law or another legal regulation provides otherwise.
  4. After creating an order in the e-shop, an e-mail confirming receipt of the order by the e-shop is automatically generated for the buyer. This e-mail is not confirmation of the goods within the meaning of para. 3 of this Article.
  5. By sending the order, the buyer is obliged to pay the purchase price of the ordered goods.

 

Article IV.

Payment terms

  1. Goods and services in the e-shop can be paid for in the following ways:
    1. cash on delivery (you pay directly to the courier / at the post office when receiving the goods)
    2. payment based on a payment request – in advance, the goods will be dispatched after the funds have been received in our account,
  2. A gift voucher represents a prepaid amount of funds that the buyer may use for purchases based on the availability of free prepaid funds. The voucher validity date is stated on it. The nominal value of the gift voucher can be agreed with the buyer.
  3. Surcharges for individual payment options are stated in Art. VI of these General Terms and Conditions.
  4. The seller may provide the buyer with discount options:
    1. a discount from the price for registration in the e-shop,
    2. a discount for repeat purchase,
    3. a discount based on a one-time discount coupon,
  5. Provided discounts cannot be combined.

 

Article V.

Delivery terms

  1. The seller is obliged to send the goods to the buyer within 30 days from the conclusion of the purchase contract, unless agreed otherwise, or unless a longer delivery period was stated for the goods.
  2. If the goods are in stock, they are dispatched according to capacity as soon as possible.
  3. If the order contains multiple goods and services and some of them are not in stock, we will inform the buyer about this with options for partial deliveries.
  4. The invoice (tax document) is sent exclusively electronically, within the meaning of Act No. 222/2004 on value added tax, § 71 para. 1 letter b) in PDF format, after receipt of payment for the order. If the buyer requests the invoice also in paper form, it will be additionally sent by post.
  5. The place of performance is considered the place to which the goods are delivered.
  6. The seller arranges delivery to the buyer via:

a. post,

b. a courier company,

c. Zásielkovňa pickup points.

 

 

Article VI.

Shipping fees, packaging and payment options

  1. Information about the amount of shipping fees and fees for payment services can be found in the section Shipping and payment terms
  2. The seller may also agree with the buyer on a different than standard (above stated) procedure for sending goods or services as well as prices for these services.
  3. The seller may send goods that are immediately available to the buyer and deliver the remaining part of the order additionally within the statutory period, however provided that the buyer will not be charged any additional postage, except that which was included in the order.

 

Article VII.

Transfer of title

  1. Title passes from the seller to the buyer only at the moment the full price for the subject of the purchase contract is paid.
  2. For goods or services still subject to the seller’s title, the seller reserves the right, in the event of a complaint asserted by the buyer, to handle it only at the moment of full payment of the subject of the purchase contract.

 

Article VIII.

Cancellation of the purchase contract

  1. The buyer has the right to cancel ordered goods or a service within 24 hours from the conclusion of the purchase contract without a cancellation fee for goods that are made to order, according to the specific requirements of the consumer or specifically for one consumer.

 

Article IX.

Consumer’s right to return goods without stating a reason and consumer information

  1. Based on Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller’s business premises and on the amendment of certain laws (hereinafter the “Act”), pursuant to § 7 et seq., the consumer has the right to withdraw from the purchase contract within 14 calendar days from the day of receipt of the goods. If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract even before delivery of the goods.
  2. If the consumer wishes to exercise this right, they are obliged to personally deliver a written withdrawal from the purchase contract no later than on the last day of the specified period to the seller’s contact address, or hand over this withdrawal for postal transport no later than on the last day of the period to the address stated in the contacts. After notifying withdrawal from the contract, the consumer is obliged to send or personally deliver the subject of the contract from which they withdraw together with all documentation – e.g. the original invoice, instructions and other documentation for the goods that was delivered together with the goods, no later than within 14 days from the day of withdrawal (§10 para. 1 of the Act). We recommend that buyers make a copy of the invoice for their own use and send the goods by registered mail and as an insured shipment. You can use the following form to withdraw from the contract: Withdrawal from the purchase contract.
  3. Do not send the goods to us cash on delivery; such goods will not be accepted.
  4. The e-shop operator will refund the paid consideration for the goods/service including delivery costs pursuant to §9 para. 3) of Act No. 102/2014 Coll., as well as costs demonstrably incurred in ordering the goods, within 14 days from the day of delivery of the withdrawal from the contract; however, it does not have to refund the money earlier than the goods are delivered to it or the consumer proves that the goods have been sent, this does not apply if the seller proposed that it would collect the goods itself.
  5. The costs of returning the goods are borne by the consumer.
  6. The right to withdraw from the contract does not apply to goods and services defined in §7 para. 6 letters a) to l) of Act No. 102/2014 Coll.
  7. The consumer bears any reduction in the value of the goods caused by their use beyond what is necessary to ascertain the functionality and properties of the goods.

 

Article X.

Rights and obligations of the contracting parties

  1. The contracting parties are considered to be the seller and the buyer.
  2. The buyer is obliged to:
    1. take delivery of the ordered goods,
    2. pay the agreed price for the goods to the seller,
    3. check the integrity of the packaging and/or the goods themselves upon receipt.
  3. The seller is obliged to:
    1. deliver the goods to the customer in the required quality, quantity and at the agreed price,
    2. together with the goods or additionally send the customer all documents related to the goods, such as the invoice for the goods, complaint form, operating instructions in the codified form of the Slovak language.

Article XI.

Personal data protection

  1. Personal data are processed in accordance with Act No. 122/2013 Coll. on personal data protection as amended.
  2. The operator does not provide the buyer’s personal data to a third party, except to the shipping company for delivery of goods or services, or to state authorities in the event of an inspection.
  3. The operator obtains the following personal data from the buyer: title, first name, last name, address, delivery address, phone number, e-mail address.
  4. The personal data provided by you are processed for the purpose of proper processing of your order.
  5. The operator is obliged to secure personal data against disclosure to unauthorized persons, which it has processed in security measures.
  6. If the buyer agreed to the processing of personal data upon registration in the e-shop for marketing purposes, they agreed to receiving primarily e-mail messages to the contact e-mail address, being contacted by phone or receiving addressed mail to the contact address.
  7. Personal data for marketing purposes in the scope of first and last name, phone number, address and e-mail address are provided for a period of five years.
  8. The buyer may withdraw their consent at any time in writing by sending a Withdrawal of consent to the processing of personal data, whereupon we immediately block or dispose of them. And on our part, we will no longer use the personal data provided by you for marketing purposes.

 

Article XII.

Compensation for damage for failure to accept the goods

  1. The seller has the right to compensation for damage (pursuant to § 420 et seq. of the Civil Code) in the event that the buyer ordered goods which they did not cancel or withdraw from the contract, and at the same time did not accept these goods from the carrier, or after the seller’s request, in the case of selecting personal pickup, did not collect the goods within the specified pickup period. By this conduct, the buyer breached their obligation stated in Art. X point 2 letter a), according to which the buyer is obliged to accept the ordered goods.
  2. In determining the amount of compensation for damage, the seller takes into account in particular shipping costs and related fees in the case of sending the goods, costs associated with packaging, dispatch and administration of the order, as well as all other costs incurred in fulfilling the order, and also has the right to charge lost profit.
  3. The seller also has the right not to assert the right to compensation for damage or to assert this right only in part.

 

Article XIII.

Final provisions

  1. The seller reserves the right to change and amend these general terms and conditions and complaint terms without prior notice to the buyer. In the event of a change to the general terms and conditions or complaint terms, the entire purchase process is governed by those general terms and conditions that were valid at the moment the buyer sent the order, and these are accessible on the seller’s website.
  2. An integral part of these general terms and conditions are also the complaint terms.
  3. By sending the order, the buyer has read the general terms and conditions as well as the complaint terms and agrees with their wording.
  4. These terms were prepared within the project for certification of the e-shop nakupujbezpecne.sk
  5. These general terms and conditions and complaint terms are available for inspection by buyers at the company’s registered office and are also published on the e-shop website.
  6. Relationships not regulated otherwise in these general terms and conditions and in their integral parts (appendices) are governed by the relevant provisions, in particular Act No. 40/1964 Coll., Act No. 250/2007 Coll., Act No. 102/2014 Coll., Act No. 122/2013 Coll., Act No. 22/2004 Coll., as well as Act No. 513/1991 Coll.
  7. These general terms and conditions including their integral parts become valid and effective on 01 January 2016.
  8. If the consumer is not satisfied with the manner in which the seller handled their complaint or if they believe that the seller violated their rights, they have the possibility to contact the seller with a request for remedy. If the seller responds to the request for remedy negatively or does not respond within 30 days from the day it was sent, the consumer has, pursuant to § 12 of Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes and on amendments to certain laws, the right to submit a proposal to initiate alternative dispute resolution of their dispute. The competent entity for alternative dispute resolution of consumer disputes with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or another competent authorized legal entity entered in the list of entities for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s), while the consumer has the right to choose which of the listed entities for alternative dispute resolution of consumer disputes to contact. The consumer may also use the online dispute resolution platform to submit a proposal for alternative dispute resolution of their dispute, available at http://ec.europa.eu/consumers/odr/. Information on fees for the proposal can be found by the consumer on the websites of the specific entity for alternative dispute resolution of disputes.

 

 

 

In Senec, 01 January 2018

 

Aleš Varga

Managing Director

 

 

 

 

Complaint terms of the online store (e-shop)

an integral part of the general terms and conditions

 

  1. Only goods that were purchased only from the seller and that are the property of the buyer can be claimed.
  2. If the title has not yet passed from the seller to the buyer, the buyer, pursuant to applicable legislation, may have the complaint handled only after full payment pursuant to § 151 of the Civil Code.
  3. If the buyer is a consumer (a natural person who does not act within the scope of their business activity, employment or profession), a warranty of 24 months is provided for all offered goods unless stated otherwise for the goods, and the procedure is in accordance with the Consumer Protection Act and the Civil Code. If the buyer is not a consumer, the procedure is in accordance with the provisions of the Commercial Code and the warranty period is 1 year. The warranty period begins on the day of receipt of the goods from the shipping company or directly from the seller if the buyer picks up the goods in person on the day of receipt.
  4. The buyer is obliged to assert the complaint without undue delay with the seller, i.e. immediately after discovering the defect.
  5. Liability for defects does not apply to defects caused by the following use:
    1. the defect occurred due to mechanical damage to the product caused by the buyer,
    2. improper handling of the product in a manner other than stated in the instructions for use,
    3. using the goods in conditions that do not correspond in humidity, chemical and mechanical effects to the natural environment of the goods,
    4. neglect of care and maintenance of the goods,
    5. damage to the goods due to excessive load,
    6. using the goods contrary to the conditions stated in the documentation, general principles, technical standards or safety regulations, or other breach of warranty conditions.
  6. Defects arising from a natural disaster are also excluded from liability for defects.
  7. Liability for defects also does not apply to normal wear and tear of the goods (or its part) caused by use of the goods. Shorter service life of the product therefore cannot be considered a defect and cannot be claimed.
  8. The claimed goods must be sent to our address stated according to the instructions after completing the form and in the confirmation emails.. The goods must be properly packaged so that no damage occurs during transport, and we recommend sending the goods by registered mail, or as an insured shipment. A copy of proof of purchase (invoice) must be attached to the goods and we recommend attaching the completed Complaint form. (The complaint must be sent exclusively in writing (by post).
  9. The seller will confirm receipt of the complaint and issue the buyer a confirmation of the assertion of the complaint for the goods in an appropriate form. The day the complaint is asserted is considered the day it is delivered to the seller. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, at the latest together with proof of settlement of the complaint. Confirmation of settlement of the complaint will be sent in writing.
  10. The seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the day the complaint is asserted. In justified cases, especially if complex technical assessment of the goods is required, at the latest within 30 days from the day the complaint is asserted. After determining the method of handling the complaint, the seller will handle the complaint immediately; in justified cases the complaint may also be handled later. However, handling the complaint must not be longer than 30 days from the day the complaint is asserted. After expiry of the 30-day period for handling the complaint, the buyer has the right to withdraw from the purchase contract and the full amount for the goods will be refunded, or has the right to exchange the goods for new ones.
  11. Buyer’s rights when asserting a complaint:
    1. in the case of a removable defect, the buyer has the right for it to be removed free of charge, properly and in due time. The seller decides on the method of removing the defect. The buyer may request, instead of defect repair (repair), replacement of the defective item with a defect-free one, provided that this does not result in disproportionate costs for the seller with regard to the price of the goods or the seriousness of the defect,
    2. in the case of an irremovable defect that prevents proper use of the item for its intended purpose, the buyer has the right either to exchange the item or to withdraw from the purchase contract (refund).
    3. a complaint is considered settled if the complaint procedure ends by handing over the claimed goods, their replacement or refund of the purchase price of the goods, a written request to collect the performance, or its justified rejection.
  12. Non-damage to the goods, or integrity of the packaging (according to the instructions when receiving the goods) must be checked upon receipt of the goods, as the goods may be damaged during transport; we recommend that buyers unpack the goods and inspect them in the presence of the carrier. By signing to the courier you declare that the packaging is undamaged.
  13. These complaint terms are an integral part of the general terms and conditions, and the seller reserves the right to change them at any time without prior notice to the buyer.

 

In Senec, 01 January 2018