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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 PODRACKY s.r.o. with its registered office at Lesná 1, 04442 Rozhanovce Slovakia, ID number: 47473291, (hereinafter referred to as "the 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:
PODRACKY s.r.o. with registered office at Lesná 1, 04442 Rozhanovce Slovakia, ID number: 47473291,
Operation:
Tolstého 9, 04001 Košice
Supervisory authority:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Košice Region
Doorman no. 3, 043 79 Košice1
department of technical control of products and consumer protection
tel. No.: 055/ 6220 781
fax no.: 055/ 6224 547
e-mail: ke@soi.sk
http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
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 conditions 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 conflict with other legal regulations (shortening the deadline for returning goods, warranty period, etc.)
1.2. For the purposes of these terms and conditions of business and claims, a supplementary contract is a contract based on which the buyer acquires goods or is provided with a service that is 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 current 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 stated in the applicable legislation of the Slovak Republic or the European Communities or in these commercial complaint 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 the "order").
2.2. Subsequently, after sending the order, the buyer will receive an automatically executed notification of order acceptance into 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 data that the order has been delivered to the seller, and is also an acceptance of the proposal to conclude a purchase contract (hereinafter referred to as "order acceptance").
2.4. 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 the delivery of the order acceptance in electronic form.
2.6. Before sending the order, the seller informed the buyer in a clear, unequivocal, comprehensible and unmistakable way about the pre-contractual information regarding complaints, 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 telephone number of the seller and about other data that are important for contact to customer with the seller, in particular his e-mail address, he informed 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 appendix of 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 based on 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 "Law on Consumer Protection in Distance Selling"),
of these business and complaint conditions, which are located on the relevant subpage of the seller's e-commerce,
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) 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 terms and conditions of business and complaints, which are located on the relevant sub-page of the electronic store seller's store,
o) 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 electronic store and in these terms and conditions of business and complaints, which are located on the relevant sub-page of the electronic store of the seller,
p) about the buyer's obligation to pay an advance payment or provide other financial security at the seller's request and about the conditions that apply to its provision, if such an obligation results from the purchase contract for the buyer, he informed 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,
q) about the functionality, including 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,
r) 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 appropriate, he has 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,
s) about the possibility and conditions of settling a 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,
t) 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 e-commerce,
u) about the fact 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,
v) 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) these business and complaint conditions or 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 term and pack them or prepare 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 at the latest 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 email. 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 the 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 replacement 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. In the event that the buyer does not accept the substitute performance offered by the seller within a reasonable period of time or does not withdraw from the purchase contract, the seller is entitled to withdraw from the purchase contract, and in the event that 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 withdrawals from the purchase contract to the buyer.
4. Rights and obligations of the buyer
4.1. The buyer was informed by the seller that at the same time The obligation to pay the price is part of the order.
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
We deliver shipments via Slovak Post or EMS courier company. Delivery by Slovak Post takes 1-2 working days from dispatch, and delivery by the courier company UPS is on the next working day from dispatch.
Price list of postage and packaging
Shipping company Shipping price
Slovak Post within the Slovak Republic €2.50
Courier company EMS within the SR €5.99
Slovak Post within the Czech Republic €3.50
Courier company EMS within the Czech Republic €10
Payment methods We ship goods marked with the "in stock" symbol on the day the order is received (orders received before 2:00 p.m.).
The buyer can pay in the following ways:
Cash on delivery - the buyer pays upon receipt of the shipment
Bank transfer - after sending the order and confirming the goods, the customer will receive bank transfer details via email. The shipment is sent immediately (during working hours) after crediting the payment to our account.
Through internet banking - after sending the order, you are redirected to the bank's secure payment gateway, where you enter the necessary data. If the payment is authorized, the payment will be made immediately. The following internet banking options are available to you: TATRAPAY
With a payment card - through the CARDPAY service - after sending the order, you are redirected to the bank's secure payment gateway, where you enter the necessary data. If the payment is authorized, the payment will be made immediately.
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. If it is not specified, the usual delivery time is 3-7 working days.
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 goods on any e-commerce website operated by the seller is illustrative only. The weight, dimensions and other data about the goods contained in the catalogs, prospectuses and other documents of the seller located on the website of the electronic store of the seller are given by the manufacturer and may differ from reality by ± 1% of the stated value.
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 at the time before the delivery of the goods (hereinafter referred to as the "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 the "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 the payment of the purchase price and the 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 buyer is obliged to check the shipment, that is, the goods as well as their packaging immediately after delivery in the presence of the seller's representative. If the existence of a defect in the goods is discovered, 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 z on the basis of the thus prepared record 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 terms and conditions of business and claims, to apply for a claim for 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.
5.9. 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 order acceptance (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 cashless 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, through internet banking of the following banks: Tatrabanka, or by payment card at the time before by 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.
7. Acquisition of ownership and passing of the risk of damage to the goods
7.1. The buyer acquires ownership rights to 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 provided in the warranty certificate or provided by the seller to the buyer upon request by phone or e-mail.
8.8. The seller's valid complaint procedure applies to the handling of complaints yes, that is, 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 Act no. 250/2007 Z . from. 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") 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. The buyer has the right to claim liability from the seller for a defect in the goods relating only to goods that show defects for which the manufacturer, supplier or seller is responsible, are covered by a warranty and were purchased from the seller.
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 claim form - ATTACHMENT no. 2 - Claim form. 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 precisely 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 complaint with a person authorized by the manufacturer of the goods to carry out warranty repairs (hereinafter referred to as the "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,
8.13. 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.
8.14. 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.
8.15. 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 .
8.16. 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 handled 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.
8.17. The buyer does not have the right to exercise the right of liability for defects of which he 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.
8.18. 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.
8.19. The seller is not responsible for product defects:
a) if it is an obvious defect that the buyer could have detected by checking the shipment upon delivery of the goods and which he did not notify the seller's representative in accordance with point 5.8. these complaint and business conditions,
b) 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,
c) if the defect of the goods is mechanical damage to the goods caused by the buyer (such as mechanical damage to crystals, scratches on metal, glass, case, strap or bracelet),
d) 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,
e) if the defect of the goods was caused by unprofessional handling, service, or neglect of the care of the goods,
f) if the defect of the goods was caused by damage to the goods due to excessive loading, or use contrary to the conditions stated in the documentation or the general principles of the usual use of the goods (defects caused by the use of jewelry or watches contrary to the instructions for use or the principles of correct use),
g) if the defect in the goods was caused by damage to the goods due to unavoidable and/or unforeseeable events,
h) if the defect of the goods was caused by damage to the goods by accidental destruction and accidental deterioration,
i) if the defect of the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure (for example, damage to the movement due to non-observance of the instructions for waterproofing).
j) if the defect in the goods was caused by tampering with the goods by an unauthorized person (unauthorized tampering with jewelry or watches outside an authorized repair shop).
8.20. 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.
8.21. 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 within 30 days at the latest from the day 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 in the complaint protocol, which will be delivered to him together with the goods.
8.22. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases.
8.23. 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.
8.24. 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.
8.25. 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 manner:
a) the seller ensures the removal of the defect, or
b) the seller replaces the defective goods.
8.26. 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 process the complaint by removing the defect.
8.27. If it is a defect that cannot be removed, or one more than once a repeated removable defect, or a larger number of different removable defects that prevent the goods from being properly used as without defects, the seller will fix 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.
8.28. 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 defect-free and the buyer does not immediately determine according to point 8.15. of these complaint and business conditions, how the complaint should be processed, the seller will resolve the complaint by exchanging the goods for other functional goods with the same or better technical parameters.
8.29. Complaint handling applies only to defects listed in the Notice of claim and in the confirmation of 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 greater 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, he is no longer entitled to apply for a complaint repeatedly for the same unique defect (not a defect of the same type).
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.
Jewelry must not come into contact with water and chemicals.
ISO 6425
- it is strictly forbidden to manipulate the crown (even the screw-down one) and buttons under the water level
- sharp changes in temperature cause different expansion of materials and precipitation of residual moisture on the slide
- after staying in salty or strongly mineralized water, it is necessary to rinse the watch under running water
- prevention of shocks under the water surface and falling on a hard surface
- avoid aggressive chemicals (applies to watches in general)
9. Personal data and their protection
9.1. The contracting parties have agreed that the buyer, if he is a natural person, is obliged to notify the seller in the order of his name and surname, address of permanent residence including zip code, telephone number and email address.
9.2. The contracting parties have agreed that the buyer, if he is a legal entity, is obliged to notify the seller in the order of his business name, registered office address including zip code, social security number, telephone number and email address.
9.3. The buyer can check and change the provided personal data at any time after logging in to the e-commerce website in the 3D FANTOM.sk section. You can cancel your registration by sending a cancellation request to the email info@3dfantom.sk.
9.4. The seller hereby informs the buyer that pursuant to para. § 10 par. 3 letters b) Act no. 122/2013 Coll. on the Protection of Personal Data and on Amendments and Supplements to Certain Acts as amended (hereinafter referred to as "ZnOOÚ"), the seller as an operator will process the buyer's personal data in the process of concluding a 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 in pre-contractual relations with the buyer and the processing of the buyer's personal data is necessary for the fulfillment of the purchase contract in which the buyer is one of the contractual parties.
9.5. By checking the relevant box before sending the order, the buyer can express his consent in accordance with para. § 11 par. 1 of the Act, for the seller to process and store his personal data, especially those listed above and/or which are necessary for the seller's activities related to sending information about new products, discounts and promotions on the offered goods, and to process them in all of his information systems , regarding the sending of information about new products, discounts and promotions on the offered goods.
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 section § 6 par. 2 letters c) ZnOOÚ will collect personal data exclusively for the purpose stated in these business and complaint conditions.
9.8. The seller declares that in accordance with section § 6 par. 2 letters e) ZnOOÚ will acquire personal data for purposes other than those specified in these business and complaint conditions separately and will ensure that personal data is processed and used exclusively in a manner that corresponds to the purpose for which it will be li collected and that it will not combine them with personal data that was obtained for other purposes.
9.9. The buyer grants the seller consent according to point 9.5 of these complaint and business conditions for a certain period until the purpose of processing the buyer's personal data is fulfilled. Upon completion of the processing purpose, the seller shall immediately dispose of the buyer's personal data. The buyer can withdraw consent to the processing of personal data at any time in writing. The consent expires within 1 month from the delivery of the revocation of consent by the buyer to the seller.
9.10. 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 terms and conditions,
b) identification data of the third party, which is the company that will deliver the ordered goods to the buyer in such a way that these data are indicated in the acceptance,
c) the purpose of processing personal data, which is the conclusion of a purchase contract between the seller and the buyer,
d) that it will process the buyer's personal data in the scope of first and last name, address of permanent residence including zip code, telephone number and e-mail address, if the buyer is a natural person and in the scope of business name, registered office address including zip code, social security number, telephone number and e-mail address if legal entity buyer,
e) that the buyer is obliged to provide the requested personal data,
9.11. The seller declares that he will process personal data in accordance with good morals and will act in a way that does not contradict ZnOOÚ or other generally binding legal regulations and will not circumvent them. The seller declares that the consent of the person concerned will not be forced or conditioned by the threat of rejection of the contractual relationship, service, goods or obligation established for the seller.
9.12. The buyer has the right to demand from the seller based on a written request
a) confirmation of whether or not personal data about his person are being processed,
b) purpose of personal data processing,
c) in a generally comprehensible form, information about the processing of your personal data in the information system and its status to the extent:
i) identification data of the seller and the seller's representative, if appointed,
ii) identification data of the intermediary; this does not apply if the seller does not proceed in accordance with § 8 ZnOOÚ when obtaining personal data,
d) in a generally comprehensible form, precise information about the source from which he obtained his personal data for processing,
e) in a generally comprehensible form, a copy of his personal data, which are the subject of processing,
f) additional information which, with regard to all the circumstances and conditions of personal data processing, is necessary for the buyer to guarantee its rights and interests protected by law, in particular
i) instruction on the voluntariness or obligation to provide the required personal data; if the seller obtains the buyer's personal data based on the buyer's consent according to § 11 ZnOOÚ, he will notify her
also the period of validity of the consent, and if the buyer's obligation to provide personal data results from a directly enforceable legally binding act of the European Union, an international treaty to which the Slovak Republic is bound, or a law, the seller will notify the buyer of the legal basis that imposes this obligation on the seller and will notify the buyer of the consequences of refusing to provide personal data,
ii) information about third parties, if it is assumed or obvious that they will have personal data
provided,
iii) range of recipients, if it is assumed or obvious that personal data will be made available to them,
iv) form of publication, if personal data are to be published,
v) third countries, if it is assumed or obvious that personal data will be transferred to these countries,
g) correction of his incorrect, incomplete or out-of-date personal data, which are the subject of processing,
h) liquidation of his personal data, if the purpose of their processing has been fulfilled; if the subject of processing is official documents containing personal data, he can request their return,
i) liquidation of his personal data, which are the subject of processing, if there has been a violation of ZnOOÚ or other valid legislation of the Slovak Republic.
9.13. Based on a free written request, the buyer has the right to object to the seller:
a) the processing of his personal data, which he assumes are or will be processed for direct marketing purposes without his consent and to request their liquidation,
b) use of personal data referred to in § 10 par. 3 letters d) for the purposes of direct marketing in postal communication, or
c) provision of personal data referred to in § 10 par. 3 letters d) for direct marketing purposes.
9.14. Based on a free written request, the buyer has the right to object to the processing of personal data by the seller in cases according to § 10 par. 3 letters a), e), f) or g) ZnOOÚ by stating legitimate reasons or presenting evidence of unauthorized interference with its rights and interests protected by law, which are or may be in a specific case such processing of personal data or damaged; if this is not prevented by legal reasons and it is proven that the buyer's objection is justified, the seller is obliged to block and dispose of the personal data, the processing of which the buyer objected to, without undue delay and immediately, as circumstances allow.
9.15. The buyer, on the basis of a written request or in person, if the matter cannot be postponed, has the right to object to the seller at any time and not to submit to the seller's decision, which would have legal effects or a significant impact for him, if such a decision is issued solely on the basis of automated processing of his personal data data. The buyer has the right to ask the seller to review the issued decision by a method different from the automated form of processing, while the seller is obliged to comply with the buyer's request, so that the decisive role in the review of the decision will be played by an authorized person; the seller informs the buyer about the method of examination and the result of the finding within the period according to par. 9.18. of these Terms and Conditions. The buyer does not have this right only if it is established by a special law in which measures to ensure the legitimate interests of the buyer are regulated, or if within the framework of pre-contractual relations or during the existence of contractual relations, the seller issued a decision by which he complied with the buyer's request, or if the seller based on of the contract took other reasonable measures to ensure the legitimate interests of the buyer.
9.16. If the buyer asserts his right in writing and the content of his request shows that he is asserting his right, the request is considered to have been submitted in accordance with this law; the request submitted by e-mail or fax will be delivered by the buyer in writing no later than three days from the day it was sent.
9.17. If the buyer suspects that his personal data is being processed without authorization, he can report this to the Office for the Protection of Personal Data. If the buyer does not have full legal capacity, his rights can be exercised by a legal representative.
9.18. The seller is obliged to handle the buyer's request in writing according to this article. these business and complaint conditions, or comply with the buyer's requirements according to ZnOOÚ and inform him in writing no later than 30 days after receiving the request or request.
9.19. Limitation of the buyer's rights according to § 28 par. 2 ZnOOÚ, the seller shall immediately notify the affected person and the Office of Personal Data Protection in writing.
9.20. The seller informs this buyer that in accordance with sec. § 15 par. 1 letter e) point 3 and point 4 ZnOOÚ 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, respectively. circle of beneficiaries:
Slovenská pošta, a. s. Partizánska cesta 9, 975 99 Banská Bystrica, ID: 36631124, , Registered in the Commercial Register of the District Court of Banská Bystrica, Section Sa. Insert no. 803/S-Coll
9.21. The seller's e-commerce information systems are registered pursuant to Act No. 122/2013 Coll. on the protection of personal data. Identification number: 201421700.
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 of receiving the goods.
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 conditions - APPENDIX no. 1 - Contract withdrawal form. 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 - APPENDIX no. 1 - Form for withdrawing from the contract, especially the identification of the buyer, order number and date, exact specification of the goods, the way in which the seller should return the payment already received, especially 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 business conditions, the buyer is obliged to pay compensation to the seller 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 from withdraw from the contract, the subject of which are:
a) sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
b) the sale of goods that, after the conclusion of the contract and acceptance of the goods from the seller to the buyer, were assembled, assembled or used in such a way that it is not possible to return them to their original condition by the seller without expending increased effort and increased costs, e.g. folded or assembled furniture, etc.
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.
Return address:
PODRACKY s.r.o. with registered office at Lesná 1, 04442 Rozhanovce Slovakia, ID number: 47473291,
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 amendments to Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended and Act no. 102/2014 Coll. on consumer protection in distance selling.
11.4. These business and complaint conditions become effective against the buyer upon conclusion of the purchase contract. 11.5. 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.