Complaints Procedure of Ekomoss s.r.o.
1. Complaints Procedure (liability for defects, warranty, complaints)
1.1. In the case of a defect of goods that can be removed, the buyer has the right to be removed free of charge, in a timely and orderly manner. The seller is obliged to remove the defect without undue delay.
1.2. Instead of removing the defect, the buyer may require the replacement of the goods, or if the defect relates only to the part of the goods, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect.
1.3. Instead of removing defects, the seller can always replace defective goods as impible, unless this causes serious difficulties for the buyer.
1.4. In the case of a defect of goods which cannot be removed and which prevents the goods from being properly used as a matter without defect, the buyer has the right to exchange the goods or has the right to withdraw from the contract of sale. The same rights are the right for the buyer, although it is a avoidable defect, if the buyer cannot properly use the defect satisin for the re-establishment of the defect or for a greater number of defects.
1.5. In the case of other intractable defects, the buyer has the right to a reasonable discount on the price of the goods.
1.6. The seller has instructed the buyer of his rights under the UsT. § 622 of the Civil Code (clause 8.1 to 8.3. of these commercial and complaint terms) and the rights arising from the Ust. § 623 of the Civil Code (points 8.4 to 8.5. of these terms and conditions) by placing these terms and conditions on the relevant sub-page of the seller’s e-commerce and the buyer had the opportunity to read them at the time before the order was placed.
1.7. The seller is responsible for defects of the goods according to the applicable regulations of the Slovak Republic and the buyer is obliged to make a claim with the seller or with the specified person. Information about designated persons and service points for warranty and post-warranty service is provided on the back of the warranty certificate or provided by the seller to the buyer upon request by telephone or e-mail.
1.8. The applicable complaint sorrtoid’s complaint satison, art. 8 of these terms and conditions. The buyer was duly familiar with the complaint and informed of the conditions and manner of complaint of the goods, including details of where the claim can be made and the execution of warranty repairs in accordance with ust. Paragraph 18(1) of the VAT Code provides that the commission is to 1 11. Law No. 250/2007 Z . Z. on consumer protection and amending the Law of the Slovak National Council No. 372/1990 B. the infringements as amended (the “Law”) at the time prior to the conclusion of the purchase agreement by placing these terms and conditions on the relevant sub-page of the seller’s e-commerce and the buyer was able to read them in the time before the order was sent.
1.9. The complaint procedure applies to goods purchased by the buyer from the seller in the form of e-commerce on the seller’s e-commerce website.
1.10. The buyer has the right to claim responsibility for defects in goods purchased from the seller under the responsibility of the manufacturer, supplier or seller during the warranty period.
1.11. If the goods show defects, the buyer has the right to make a claim in the seller’s establishment in accordance with the ust. Paragraph 18(1) of the VAT Code provides that the commission is to 2 The Law by forwarding the goods to the seller’s establishment and forwarding to the seller a sign of the buyer’s willingness to exercise his right under points 8.1. to 8.5. these terms and conditions (hereinafter referred to as the “Notice of Claim claim”) e.g. in the form of a completed claim form, which is located on the relevant seller’s e-commerce sub-page, you can find the complaint form here. The seller recommends the goods when sending it on the claim to insure. Delivery shipments are not taken by the seller. The buyer is obliged to state truthfully in the Notice of Claim all the information required, in particular to accurately indicate the type and extent of the defect of the goods; buyer shall also indicate which of his rights under the Ust. Paragraphs 622 and 633 of the Civil Code apply. The buyer also has the right to make a claim with the person entitled by the manufacturer of the goods to carry out warranty repairs (hereinafter referred to as “the designated person”). The list of designated persons is provided in the guarantee certificate or sent to the buyer at his request by the seller.
1.12. The complaint procedure concerning the goods which can be served on the seller begins on the day on which cumulatively all of the following conditions are met:
- a) service of the Notice of Claim to the Seller;
- (b) the delivery of the claimed goods from the buyer to the seller or to the designated person;
- (c) delivery of access codes, passwords, etc. to the claimed goods to the seller, if such particulars are necessary for the proper handling of the complaint;
1.13. If the object of the complaint is goods which cannot be objectively delivered to the seller or which is firmly incorporated, the buyer shall, in addition to fulfilling the conditions under points 8.12(a) and 8.12(b) of the Basic Regulation, be subject to the conditions laid down in point 8.12(b). (a) and (c) such complaint and commercial terms shall provide all necessary assistance to carry out the inspection of the claimed goods by the seller or by a third party designated by the seller. Complaint proceedings concerning goods which cannot be objectively delivered to the seller or which is firmly incorporated begin on the day on which the inspection of the goods was carried out according to the first sentence. However, if the seller or the third party designated by him, despite the necessary assistance provided by the buyer, does not ensure that the inspection is carried out within a reasonable time, but not later than 10 days after receipt of the Notice of Claim to the Seller, the complaint procedure begins on the date of receipt of the Notice of Claim to the Seller.
1.14. The seller or designated person shall issue a confirmation to the buyer of the claim of the goods in an appropriate form chosen by the seller, e.g. by the seller. in the form of a mail or in writing, in which he is obliged to accurately identify the defects claimed and once again instruct the consumer of his rights under point 8.1. to 8.3. these commercial and advertising conditions (ust. § 622 of the Civil Code) and the rights under point 8.4. to 8.5. these commercial and advertising conditions (ust. § 623 of the Civil Code). If the claim is made by means of distance communication, the seller is obliged to deliver the proof of claim to the buyer immediately; if the confirmation cannot be delivered immediately, it must be delivered without undue delay, but at the latest together with proof of the equipment of the claim; the claim confirmation does not need to be delivered if the buyer has the opportunity to prove the claim by other means.
1.15. The buyer is entitled to decide which of his rights within the meaning of the Ust. § 622 and ust. § 623 of the Civil Code applies and is obliged to immediately provide information on its decision to the seller. On the basis of the buyer’s decision, which of his rights within the meaning of the Ust. § 622 and ust. § 623 of the Civil Code applies the seller or designated person is obliged to determine the method of handling the complaint according to the Ust. Paragraph 2(a) and (b) of paragraph 1 m) The Act immediately, in more complex cases, within 3 days of the start of the complaint procedure, in justified cases, in particular where a complex technical assessment of the condition of the goods is required no later than 30 days from the date of initiation of the complaint procedure. Once the complaint has been made, the seller or the designated person will handle the claim immediately, in justified cases, the complaint can be made at a later date. However, the complaint must not last more than 30 days from the date of the claim. After the vain expiry of the time limit for the handling of a complaint, the consumer has the right to withdraw from the contract or has the right to exchange goods for new goods.
1.16. If the buyer has made a claim for the goods within the first 12 months of the conclusion of the purchase contract, the seller may make a claim by refusal only on the basis of an expert’s statement or an opinion issued by an authorised, notified or accredited person or an opinion of a designated person (hereinafter referred to as the “expert assessment of the goods”). Regardless of the outcome of the technical assessment, the seller may not require the buyer to reimburse the costs of the technical assessment of the goods or other costs related to the technical assessment of the goods.
1.17. If the buyer has made a claim to the product 12 months after the conclusion of the purchase contract and the seller has rejected it, the person who handled the claim is obliged to indicate in the proof of the complaint to whom the buyer can send the goods for professional consideration. If the buyer sends the goods for professional assessment to the designated person specified in the proof of the equipment of the claim, the costs of the technical assessment of the goods, as well as any other costs incurred therein, shall be borne by the seller, irrespective of the outcome of the professional assessment. If the buyer demonstrates the seller’s liability for the claimed defect of the goods by professional assessment, he may reapply the claim; during the professional assessment of the goods, the warranty period does not expire. The seller is obliged to reimburse the buyer within 14 days from the date of the reclaim all costs incurred for the professional assessment of the goods, as well as any associated costs incurred. The reclaimed claim cannot be rejected.
1.18. The guarantee does not cover defects which the buyer was notified at the time of the contract by the seller or which, taking into account the circumstances in which the contract of sale was concluded, must have been known.
1.19. The seller reserves the right to replace defective goods with other impoverial goods with the same or better technical parameters, unless this causes serious difficulties to the buyer.
1.20. The seller is not responsible for defects in the goods:
- (a) If the consignment is not complete or in the case of a manifest defect which the buyer could have detected by checking the shipment upon delivery of the goods and which was not notified by the seller’s representative in accordance with point 5.8 of these complaint and commercial terms, subsequent claims of this kind may be recognised only if the buyer proves that the claimed defects already had the goods at the time of their receipt by the buyer.
- (b) if the buyer has not exercised his right regarding the seller’s liability for the defect of the goods until the end of the warranty period of the goods,
- (c) if the defect in the goods is mechanical damage to the goods caused by the buyer,
- (d) where the defect of the goods is caused by the use of the goods under conditions which do not correspond to their intensity, humidity, chemical and mechanical influences to the natural environment of the goods,
- (e) where the defect of the goods has been caused by unprofessional handling, servicing or neglect of care of the goods,
- (f) where the defect of the goods has been caused by damage to the goods by over-burdening or use contrary to the conditions set out in the documentation or the general principles of normal use of the goods;
- (g) where the defect of the goods has been caused by damage to the goods by unavoidable and/or unforeseeable events,
- (h) where the defect in the goods has been caused by damage to the goods by accidental destruction and accidental
- (i) where the defect of the goods is caused by unprofessional interference, damage to water, fire, static or atmospheric electricity or other force majeure;
- (j) where the defect of the goods has been caused by interference with the goods by that of an unauthorised person.
1.21. The seller is obliged to make a claim and terminate the complaint procedure in one of the following ways:
- (a) the handing over of the repaired goods;
- (b) the exchange of goods;
- (c) the return of the purchase price of the goods;
- (d) paying a reasonable discount on the price of the goods;
- (e) a written call for acceptance by the seller of the intended performance;
- (f) a reasoned refusal to claim the goods.
1.22. The seller is obliged to issue a written document to the buyer no later than 30 days after the date of the claim in person, through the postal or courier or delivery service provider, about the method of determining the handling of the claim and the handling of the complaint.
The seller will inform the seller immediately after the end of the complaint procedure by telephone or e-mail, and will be together with the goods or. proof of the complaint has been received by e-mail.
1.23. The warranty period is 24 months from the date of delivery of the goods, unless the warranty period is different for specific cases. Sports food products, food in gift baskets and animal feed have a minimum shelf life of more than 2 months before the use-by date, in the case of a shorter expiry period, the seller contactes the buyer by telephone or by e-mail, and the shipment is sent only with the buyer’s consent.
1.24. The warranty period is extended by the period for which the buyer could not use the goods due to the warranty repair of the goods.
1.25. In the case of exchange of goods for a new one, the buyer will receive a document indicating the exchange of goods, and any further complaints are made on the basis of the purchase contract and this complaint document. In the case of replacement of goods with a new one, the warranty period will run again from the receipt of the new goods, but only on the new goods.
1.26. As regards the removable defect, the claim will be made depending on the buyer’s decision under point 8.15. following complaint and terms and conditions as follows:
- (a) the seller ensures the removal of the defect, or
- (b) the seller replaces the defective goods.
1.27. As regards the removable defect and the buyer does not determine without delay in accordance with point 8.15. these complaint and terms and conditions, in what way the complaint should be made, the seller will handle the claim by removing the defect.
1.28. In the case of a defect which cannot be remetened, or one more times a repeated removable defect, or a greater number of various removable defects which prevent the goods from being properly used as without defects, the seller shall, depending on the buyer’s decision pursuant to point 8.15. these complaint and terms and conditions, the complaint shall be as follows:
- (a) the exchange of goods for other functional goods of the same or better technical parameters, or
- b) if the seller cannot exchange the goods for another, he will make a claim by returning the purchase price for the goods.
1.29. The handling of the claim applies only to the defects listed in the Notice on the claim and in the statement of claim of the goods referred to in point 8.14. these complaints and terms and conditions.
1.30. For the purpose of a claim, the occurrence of one removable defect is considered more than two times as a repeat defect.
1.31. For the purposes of a claim, more than three different delinible defects are considered to be the occurrence at the same time.
1.32. The buyer’s authority to make a claim for a defect in the goods is after he has exercised his right and asked the seller to remedy the defect of the goods pursuant to point 8.1. these complaint and commercial terms are consumed and, regardless of the outcome of the claim, any reclaim of the same unique defect (not defects of the same kind) will be rejected.
1.33. The provisions of Art. 8 of these complaint and commercial terms do not expressly apply to entities not complying with the consumer definition set out in the UsT. Paragraph 2(a) and (b) of paragraph 1 a) The Law.
1.34. If the consumer is not satisfied with the manner in which the seller has handled his claim or if he considers that the seller has intaved his rights, he has the opportunity to contact the seller for redress. If the seller responds to the request for redress by rejecting it or does not reply to it within 30 days of the date of its dispatch, the consumer has the right to submit an alternative solution to his dispute pursuant to the provisions of Paragraph 12 of Law No. 391/2015 New Year’s Day on alternative dispute resolution and amending certain laws. The relevant entity for alternative dispute resolution of consumer disputes with the seller Ekomoss s.r.o., Masarykova 60, 07101 Michalovce, Slovakia, Commercial Register of the District Court Košice I, section: Sro, insert No. 44032/V is the Slovak Trade Inspection (SOI), Vrátna 3, P.O. BOX A-35, 040 65 Košice 1 , http://www.soi.sk , or any relevant authorised 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 on the http://www.mhrs.sk , the consumer has the right of choice to which of the abovementioned Alternative Consumer Dispute Resolution entities will turn.
1.35. The consumer may use the online dispute resolution platform available on the Online http://ec.europa.eu/consumers/odr/ Dispute Resolution Platform, which is available on the Http://ec.europa.eu/consumers/odr/
9. Personal data and their protection
9.1. The Parties agree that the buyer is obliged to communicate his name and surname, permanent address including postcode, telephone number and e-mail address to the seller in the order for the purpose of proper equipment and delivery of the order.
9.2. The Parties agree that the buyer is obliged to notify the seller of his business name, address of the registered office, including postcode, VAT number (if assigned), telephone number and e-mail address in the order for the purpose of proper equipment and delivery of the order.
9.3. A buyer who has registered with an online store can check and change the personal information provided at any time, as well as cancel their registration after logging in to the e-commerce website under *my shopping centre*.
9.4. The Seller hereby informs the buyer that, within the meaning of Art. Article 6(1)(b) of Regulation (EC) No 1782/200 (b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; repealing Directive 95/46/EC (General Data Protection Regulation), (hereinafter referred to as the ‘Regulation’), the seller, as the controller of the information system, will, in the process of concluding the purchase contract, process the personal data of the buyer without his consent as a data subject, since the processing of the buyer’s personal data will be carried out by the seller in the framework of pre-contractual relations with the buyer and the processing of the buyer’s personal data is necessary for the performance of the purchase contract in which the buyer acts as one of the parties.
9.5. In accordance with Art. It is not only if it is not there of a In 1,000(1) shall be f) Regulations, the seller may, upon delivery of the ordered goods, or services to the buyer, on the basis of a legitimate interest, to process the buyer’s personal data also for direct marketing purposes and to send to the buyer’s e-mail address information about new products, discounts and promotions on the goods offered, or Services.
9.6. The Seller undertakes to treat and dispose of the buyer’s personal data in accordance with the applicable legislation of the Slovak Republic.
9.7. The Seller declares that, in accordance with Art. It is not necessary to provide for the possibility for member states to take the necessary information to (a) and (b) and (c). b) Regulations, the buyer’s personal data will be obtained solely for the purpose set out in these Terms and Conditions.
9.8. The Seller declares that for purposes other than those specified in these terms and conditions, he will always collect the buyer’s personal data separately on an adequate legal basis, while ensuring that such personal data are processed and used exclusively in a manner that corresponds to the purpose for which they were collected and does not associate them with personal data obtained for another purpose or for the purpose of performance of the purchase contract.
9.9. The buyer will be asked to check the box before sending the order to confirm that the seller has notified him in a sufficient, comprehensible and unmistakable manner:
(a) its identification data referred to in Article 11(1) of 1. these commercial and advertising terms proving the identity of the seller,
(b) the contact details of the seller or the seller’s responsible person,
(c) the purpose of the processing of personal data, which is the conclusion of a sales contract between the seller and the buyer and the legal basis for the processing of personal data;
(d) that the personal data requested for the purpose of concluding the contract of suour and the proper equipment and delivery of the order is required by the buyer to provide;
(e) where the processing is based on Article 11(1) of Article 6(1)(b) of Regulation (EC) No 1782/200 (f) that the legitimate interest pursued by the seller is direct marketing,
(f) third party identification data, which is the company that delivers the ordered goods to the buyer, or the identification data of other recipients or categories of recipients of personal data, if any,
(g) the retention period of the personal data or criteria for determining it
9.10. The Seller declares that he will process personal data in accordance with good manners and will act in a manner that does not contradict or circumvent the Regulation or other generally binding legislation.
9.11. In accordance with the Regulation, the seller provides the following information to the buyer whose data he processes:
(a) the identity and contact details of the seller and, where applicable, the seller’s representative;
(b) the contact details of the responsible person, if any;
(c) the purposes of the processing for which the personal data are intended, as well as the legal
(d) where the processing is based on Article 11(1) of It is not only if it is not there of a In 1,000(1) shall be (f) legitimate interests pursued by the seller or by a third party;
(e) the circle of beneficiaries or categories of recipients of personal data,
(f) where applicable, information that the seller intends to transfer personal data to a third country or international organisation;
(g) the retention period of the personal data or the criteria for determining it,
(h) information on the existence of the right to request access to the seller’s personal data and the right to rectify or delete or restrict processing or the right to object to processing as well as the right to data portability;
(i) the right to lodge a complaint with the supervisory authority;
(j) information on whether the provision of personal data is a legal or contractual requirement or a requirement necessary for the conclusion of the 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 and has the right to obtain all the above information. For any additional copies requested by the buyer, the seller may charge a fee corresponding to the administrative costs of making the copy.
9.12. Where the buyer exercises his right under point 9.11 in writing or electronically and the content of his application shows that he is exercised his right under point 9.11, the application shall be deemed to have been lodged under this Regulation.
9.13. The Buyer has the right with the Seller to object to the processing of his or her personal data which he or she expects to be or will be processed for direct marketing purposes, including profiling to the extent that it is related to such direct marketing. If the buyer consents to such processing, the seller shall cease the processing of personal data for direct marketing purposes from the date of receipt of such objection to the seller and the personal data of the buyer concerned may no longer and will be processed for such purposes.
9.14. The buyer may file a complaint with the Office for the Protection of Personal Data of the Slovak Republic on suspicion of the suspicion that his personal data are being processed unlawfully. If the buyer does not have full legal capacity, his rights may be exercised by the legal representative.
9.15. The seller shall take appropriate measures to provide the buyer with all the information referred to in point 9.11 in a concise, transparent, comprehensible and easily accessible form, clearly and easily worded. The Seller shall provide the information electronically or in accordance with the Regulation by other means on which the buyer is to agree.
9.16. Information on the measures taken at the request of the buyer shall be provided by the seller to the buyer without undue delay, in any event within one month of receipt of the request.
9.17. The Seller informs this Buyer that, as a result of the performance of the contract concluded, the processing of the buyer’s personal data assumes that the buyer’s personal data will be provided and made available to the following third parties or. of the beneficiaries:
10. Withdrawal from the purchase contract
10.1. If the seller cannot fulfil his obligations under the contract of sale due to the sale of supplies, the unavailability of goods, or if the manufacturer, importer or supplier of the goods agreed in the contract of sale has ceased production or has made significant changes which have made it impossible to fulfil the obligations of the seller under the contract of sale or for reasons of force majeure, or if, even if he/ relishes any effort, he is unable to deliver the goods to the customer within the time limit specified by those terms and conditions or at all efforts that may be made fairly. , which is stated in the order, the seller is obliged to immediately inform the buyer of this fact and at the same time is obliged to offer the buyer a replacement service 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 set out in this point of these complaint and commercial terms, the seller is obliged to refund to the buyer the deposit already paid for the goods agreed in the purchase contract within 14 days of the notification of withdrawal by transfer to an account designated by the buyer.
10.2. The buyer is entitled to withdraw from the purchase agreement without giving a reason in accordance with the Ust. § 7 a nasl. Law No. 102/2014 Z.z. on consumer protection for distance selling (hereinafter referred to as the ‘Law on consumer protection for distance selling’) within 14 days of receipt of the goods or from the date of conclusion of the service contract or the contract for the provision of electronic content not supplied on the tangible medium, if the seller has fulfilled in a timely and orderly manner the information obligations under the Ust. Section 3 of the Consumer Protection Act for distance selling.
10.3. The buyer shall have the right, within this period, after taking over the goods, to unpack and test the goods in a similar manner as is customary for purchases in a classic ‘stone’ shop, to the extent necessary to determine the nature, characteristics and functionality of the goods.
10.4. The withdrawal period shall start on the date on which the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods or
- (a) goods ordered by the buyer in a single order are supplied separately, from the date of receipt of the goods first delivered;
- (b) deliver goods consisting of several parts or pieces from the date of receipt of the last part or last piece,
- (c) under contract, the goods are delivered repeatedly during a defined period, from the date of receipt of the first goods delivered.
10.5. The buyer may withdraw from the purchase contract, the subject of which is the purchase of the goods even before the expiry of the withdrawal period.
10.6. Withdrawal must be made by the buyer in writing in a manner of no doubt that the withdrawal has taken place or in the form of an entry on another durable medium or by means of a form annexed to Annex No. 1 of these terms and conditions. The withdrawal period shall be deemed to be preserved if the notice of withdrawal has been sent to the seller no later than the last day of the period referred to in the UsT. Paragraph 7(1) of the VAT Code provides that the commission is to 1 The Consumer Protection Act for distance selling.
10.7. Withdrawal from the sales contract under the passing point of these terms and conditions shall include the information required in the withdrawal form of the purchase contract annexed to Annex No. 1 of these terms and conditions, in particular the identification of the buyer, the number and date of the order, the exact specification of the goods, the manner in which the seller is to return the service already received, in particular the account number and/or postal address of the buyer.
10.8. If the buyer withdraws from the purchase contract, any supplementary contract relating to the purchase agreement from which the buyer has withdrawn shall also be cancelled from the outset. No costs or other payments may be claimed from the buyer in connection with the cancellation of the supplementary contract other than the reimbursement of costs and payments referred to in the Ust. Paragraph 9(1) of the VAT Code provides that the Commission may, in 3, U.S. Paragraph 10(1) of the VAT Code provides that the Commission may, in accordance with 3 and 5 of the Consumer Protection Act for distance selling and the price of a service where the contract is the subject of a service and the service is fully provided.
10.9. The Buyer is obliged to send the goods back to the address of the ekomoss s.r.o. operator without undue delay, but no later than 14 days from the date of withdrawal from the purchase contract.
Masarykova 60, 07101 Michalovce, Slovakia (do not send the goods to the address of the company’s registered office !!) or hand it over to the seller or the person authorised by the seller to take over the goods. This does not apply if the seller has suggested that he collect the goods in person or through the person authorised by him. The period referred to in the first sentence of this point of these commercial and complaint suplonging conditions shall be deemed to have been preserved if the goods have been delivered for transport no later than the last day of the period.
10.10. The buyer is obliged to deliver to the seller the goods complete including complete documentation, undamaged, if possible in the original package and not used.
10.11. It is recommended to insure the goods. Delivery shipments are not taken by the seller. The seller is obliged, without undue delay, no later than 14 days from the date of receipt of the notice of withdrawal, to reimburse the buyer for all payments received from him under or in connection with the purchase contract, including transport, delivery and postage and other costs and charges. The seller is not obliged to refund to the buyer payments under this point of these terms and conditions of application before the goods are delivered to him or until the buyer proves that the goods are sent back to the seller, unless the seller suggests that he collects the goods in person or through the person authorised by him.
10.12. The buyer shall bear the cost of returning the goods to the seller or the person in charge of the seller to take over the goods. This does not apply if the seller has agreed to bear them himself or if he has failed to fulfil his obligation under Paragraph 3(1) of the Law of the In 1,000(1) shall be (i) The Consumer Protection Act for distance selling.
10.13. The buyer shall be liable only for the reduction in the value of the goods resulting from the treatment of the goods which goes beyond the treatment necessary to determine the characteristics and functionality of the goods. The consumer shall not be liable for the reduction in the value of the goods if the seller has failed to comply with the consumer’s information obligation to withdraw from the contract pursuant to Paragraph 3(1) of the VAT Code. In 1,000(1) shall be h) Consumer Protection Act for distance selling.
10.14. The seller is obliged to refund the purchase price to the buyer for the goods in the same way as the buyer used in his payment, unless he or she has agreed with the buyer on another method of refund, without additional charges being charged to the buyer in this respect.
10.15. In the event that the buyer withdraws from the contract and delivers to the seller goods which are used, damaged or incomplete, the buyer undertakes to pay the seller:
- (a) the value by which the value of the goods has decreased within the meaning of the § 457 of the Civil Code at the actual amount of
- (b) the costs incurred by the seller in connection with the repair of the goods and their original status calculated according to the price list for post-warranty service of the goods.
The buyer is obliged, within the meaning of this point, to pay compensation to the seller for up to a maximum 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 the Ust. Paragraph 7(1) of the VAT Code provides that the commission is to 6 The Consumer Protection Act on distance selling cannot be resigned by the buyer from a contract the object of which is:
- the sale of goods manufactured according to the specific requirements of the consumer, of custom-made goods or goods intended specifically for one consumer,
- the sale of goods covered by a protective packaging which is not suitable for return for health or hygiene reasons and whose protective packaging has been inbreach after delivery,
- the sale of phonograms, video recordings, phonograms, books or computer software sold in a protective package, if the consumer has unwrapped the packaging,
- the provision of electronic content other than on a tangible medium, if its provision has begun with the express consent of the consumer and the consumer has stated that he has been duly informed that, by expressing that consent, he loses the right of withdrawal.
10.17. The provisions of Art. 10 of these terms and conditions do not expressly apply to entities not complying with the consumer definition set out in the UsT. Paragraph 2(a) and (b) of paragraph 1 a) The Law.
11. Final provisions
11.1. In the event that the contract of sorrandis is concluded in writing, any modification thereof must be in writing.
11.2. The Contracting Parties agree that communication between them shall be carried out in the form of e-mail messages.
11.3. Relationships not governed by these terms and conditions are subject to the relevant provisions of the Civil Code, Act, Act No. 22/2004 Z.Z. on e-commerce and amending Act No. 128/2002 Z.z. on state control of the internal market in consumer protection matters and on the amendment of certain laws as amended by Act No. 284/2002 Coll. as amended and Act No. 102/2014 Z.z. on consumer protection for distance selling.
11.4. These terms and conditions take effect against the buyer by entering into a purchase agreement.
11.5. The Buyer will be asked to check the box to confirm that he has been familiar with, read, understood, understood and fully agreed with these terms and conditions.
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