Obchodné podmienky spoločnosti Ekomoss s.r.o.

BUSINESS TERMS AND CONDITIONS

  1. Introductory provisions

1.1. Ekomoss s.r.o.,, , Company ID:51751143   , Tax ID: SK2120773765

issues these Business General Terms and Conditions in relation to its customers. GTC govern legal relations between Ekomoss s.r.o. and third parties as its clients, regarding the Ekomoss s.r.o. services provision. GTC are the integral part of the contractual relationship between Ekomoss  s.r.o. and clients and are published in an electronic form on the website: https://www.ekomoss.com/obchodne-podmienky/

1.2. GTC are binding for all Parties, i.e. the participants of the legal obligation relationship and are based on generally binding regulations valid in the territory of the Slovak Republic, such as the Commercial Code, the Civil Code, the Copyright Act, international treaties, agreements and practices.

 

  1. Definition of basic concepts

2.1. These GTC distinguish the following basic concepts:

– “Seller”- is a person who, through its online shop, offers for selling goods or services to a third party, hereinafter referred to as a “Buyer”, and this selling is made through a distance purchase contract.

– “Buyer”- is each e-shop visitor who created an order through the e-shop. For the purposes of Act no. 102/2014 Coll.  a consumer means a natural or legal person who does not purchase goods for sale to other persons, for business purposes or for employment or profession performance.

– “Contracting Parties”- is a collective name for the Seller and Buyer.

– “E-shop”- is a computer system located on the Internet with a public access allowing the ordering of  goods or services.

– “Goods or service”- are all products published on the e-shop´s website.

– “Order”- is created by confirming the ordering process in the e-shop by selecting the goods or services by the Buyer, including the order form completion in full.

2.2. These GTC regulate the course of trade that takes place between the Seller and the Buyer, which begins at the time of sending the binding Order and ends at the moment of the goods receipt and payment for the goods.

2.3. By submitting the binding order, a contractual-legal relationship arises between the Seller and the Buyer-hereinafter the “Contracting Parties”- which is governed by the valid Slovak Republic Law, in particular by the Civil Code provisions, Act No.40/1964 Coll., Commercial Code, Act No. 513/1991 Coll. and the Consumer Protection Act on the Sale of Goods or Provision of Services under a distance contract or a contract concluded outside the Seller’s premises and on amendments of certain Acts, Act no. 102/2014 Coll.

 

  1. Method of selling goods

3.1. The Buyer selects the goods in the Seller’s e-shop.

3.2. If the Buyer is interested in purchasing the goods, s/he shall fill in a binding Order, i.e. the order form, which is located in the e-shop, and thereby s/he orders the goods.

3.3. Ordering of goods is made after the confirmation of binding order by the Seller. For proper Order processing, it is necessary to fill in the required data in the Order and to select options of transport and payment for the ordered goods or services.

3.4. By sending the order, the Buyer agrees to pay the full price of the ordered goods and services, and thus the order becomes binding for the Buyer – Consumer.

3.5. By confirming the Order a purchase agreement arises that can only be changed, canceled or amended by a mutual agreement between the Parties unless otherwise provided by law or regulation.

3.6. By sending the order, the Buyer is bound to pay the purchase price of the ordered goods before or during the goods receipt, depending on the method of payment for the goods.

3.7. All special offers listed on this website are valid until stocks run out.

 

  1. Contracting Parties´ rights and obligations

4.1. The Buyer is obliged to:

– accept the ordered goods,

– pay for the goods an agreed remuneration to the Seller before receiving the goods.

– check the integrity of the packaging or the goods themselves when receiving them,

– in full extent recognize the electronic communication, especially via e-shop, via email communication and telephone communication.

4.2. The Seller is obliged to:

– supply the Buyer with the goods in the required quality, quantity and for the agreed price,

– send to the Buyer all documents belonging to the goods together with the goods or additionally, such as an invoice for goods, a complaint letter, an instruction manual in the codified form of Slovak language,

– provide the Buyer with the necessary concurrence during the goods selection and also during the purchase of the goods itself, and in the case of the Buyer’s dissatisfaction with the goods, to settle the complaints.

 

  1. Payment conditions

5.1. The Buyer is obliged to pay the Seller the purchase price including the cost of the goods delivery through the offered payment methods in the order: by wire transfer to the Seller’s account.

5.2. The price of the goods is determined according to a valid price list. The Seller undertakes to deliver to the Buyer goods for the price valid at the time of the goods ordering.

5.3. All ongoing special offers of goods are valid until stocks run out.

5.4. In the case of payment by bank transfer, the order will be executed after the funds are credited to the Seller’s account.

5.5 The Buyer may pay for the goods by wire bank transfer or by payment through a payment gateway by payment card.

 

  1. Delivery conditions

6.1. The ordered goods will be sent to the Buyer by a courier or transport company.

6.2. The Seller will deliver the goods to the Buyer as soon as possible, usually from 2 to 8 weeks after the order for goods is placed, depending on the goods availability.

6.3. If the Seller is unable to deliver to the Buyer all ordered goods within the agreed time, the Seller shall notify the Buyer of this matter as soon as possible and notify the Buyer of the expected delivery date of the ordered goods or propose the delivery of alternative goods.

6.4. The Seller charges shipping costs for the delivery of ordered goods according to a service price agreed with a carrier.

6.5. The Seller’s obligation to deliver the ordered goods is fulfilled by handing them over to the Buyer at the agreed place of delivery or at the moment of handover to a carrier (transport service) for transport to the destination.

 

  1. Cancelation of order by the Seller

7.1. The Seller reserves the right to cancel the order or its part in case the goods are no longer manufactured or delivered, or the goods supplier´s price has changed significantly and he will not agree with the Buyer on a substitute performance.

7.2. If such situation occurs, the Seller will immediately contact the Buyer to agree on a further action. In the event that the Buyer has already paid the part of or whole purchase price, the relevant amount will be transferred back to her/his account within 15 calendar days.

 

  1. The Buyer’s right to return the goods without giving any reason and instructing the Buyer-Consumer.

8.1. The Buyer may not withdraw from the Contract the subject of which is: the sale of Goods made according to the Buyer´s specific requirements, Custom Made Goods or Goods intended specifically for one Buyer.

8.2. A consumer has, under the Act No. 102/2014 Coll. on consumer protection in the sale of goods or services, on the basis of a distance contract or contracts concluded outside the Seller’s premises and on amendments to certain acts (hereinafter referred to as the “Act”) pursuant to Section 7 and the following provisions, right to withdraw from the purchase contract up to 14 calendar days from the date of receipt of the goods. If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract even before the delivery of goods.

8.3. If a consumer wants to use this right, s/he is obliged to deliver the written withdrawal from the purchase contract no later than on the last day of the specified period to the Seller’s contact address or hand it over to the shipping company no later than the last day of the period to the address stated in the contacts. After the notification on the withdrawal from the contract, a consumer is obliged to send or deliver personally the subject of the contract from which s/he withdraws together with all documentation – e.g. the original of the invoice, instructions and other documentation for the goods delivered to her/him along with the goods, but no later than within 14 days of the withdrawal date (Section 10 (1) of the Act). We recommend that buyers make the invoice copy for their own use and send the goods by a shipping company as an insured shipment. For the withdrawal from the contract please use &

 

WITHDRAWAL FROM THE CONTRACT

GUIDANCE ON EXERCISING A CONSUMER´S RIGHT TO WITHDRAW FROM A CONTRACT

 

  1. Right to withdraw from a contract

You have a right to withdraw from the contract without giving a reason within 14 days.

The period for withdrawal shall expire after 14 days after the date on which you or a third party designated by you, except for a carrier, receive(s) the goods; in the case of goods consisting of several

parts or separate deliveries to one order, when you or a third party designated by you, except for a  carrier, receive(s) the goods that were delivered as the last or the last part or piece.

When exercising the right of withdrawal from the contract, inform us of your decision to withdraw from this contract by a clear statement (such as a letter sent by mail or e-mail) to a company address:

Ekomoss s.r.o. Lužná 3953/4 85104 Prevadzka:

Bratislava – Petržalka ,Slovakia

Or  e-mail-ekomossltd@gmail.com

 

 

For this purpose you may use the model withdrawal form attached to this guidance.

The withdrawal period is maintained if you send a notification of exercising the right to withdraw from a contract before the withdrawal period expires.

  1. Consequences of withdrawal

After the withdrawal from the contract, we will refund to you all payments you have made in connection with the conclusion of the contract, in particular the purchase price, including the cost of delivery. This does not apply to additional costs if you have chosen a type of delivery other than the cheapest regular delivery method we offer.

The payments will be refunded to you without undue delay, no later than 30 days from the day when we receive your notice of withdrawal from this contract. Their reimbursement will be made in the same way you used with your payment, unless you explicitly agreed with another payment method, without charging any additional charges.

The payment for the purchased goods will be paid to you only after the delivery of the returned goods to our address.

 

How to return the goods in case of withdrawal:

Please send us the goods back or bring them to our address or hand them over to one of our establishments no later than 14 days from the date of exercising the right of withdrawal. The period shall be considered maintained if the goods are sent back before the expiry of 14-day period.

The cost for returning the goods is borne by the buyer. The goods must not be damaged, used, and together with the product, the consumer shall hand over all documents relating to the product in question (operating instructions, assembly instructions, proof of acquisition, original packaging, etc.) received from the seller. The return of the goods in question to the seller is at the expense and responsibility of the buyer.

Goods are not to be returned as Cash on Delivery. The goods sent in this way are not accepted and shall be returned.

The consumer shall bear any reduction in the goods value caused by its use beyond what is necessary to determine the functionality and properties of the goods. The Seller will decide on the amount of the value reduction due to its use by the Buyer after a detailed inspection of the returned goods.

The buyer loses the right to withdraw from the contract if the product is demonstrably used or damaged.

 

MODEL FORM FOR WITHDRAWAL FROM A CONTRACT

(fill in and submit this form only if you wish to withdraw from the contract)

to Ekomoss s.r.o. Lužná 3953/4 85104 Prevadzka:

Bratislava – Petržalka ,Slovakia

Or  e-mail-ekomossltd@gmail.com:

 

Hereby I notify that I withdraw from the contract for goods No.: ………………………………………….

(fill in the contract number)

Date of order / date of receipt ………………………………. / …………………………………..

Consumer´s name and surname ………………………………………………………………………………

…………………………………………………………………………………………………………………………..

Consumer´s address ………………………………………………………………………………………………

…………………………………………………………………………………………………………………………..

Remark……………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………………………….

Date……………………………………….

Consumer´s signature (only if this form is submitted in a physical form) …………………………………

 

 

 

 

 

 

RETURN POLICY

Warranty, Claims/Complaints, Return or Exchange

  1. The warranty period for goods is 24 months. Only goods purchased from the Seller may be claimed.
  2. In order to claim the goods, the Buyer is obliged to send the completed and signed complaint protocol to the Seller together with the defective goods. A copy of the invoice must also be provided for recognizing the complaint. You may download a complaint protocol on this link.
  3. The claimed goods must be complete with original accessories.
  4. The complaint will be settled within the legal period of 30 days from the receipt of the claim request.
  5. The warranty period for the goods ceases to exist in the event that the defect has been caused by improper handling of the product, mechanical damage, operation under improper conditions, or unauthorized interference with the product. Product defects caused by natural disaster are also excluded from the guarantee.
  6. The Buyer pays the postage costs for sending the goods for complaint.
  7. The Buyer may submit a claim in writing- send a COMPLAINT card to the Company’s address or electronically by sending the copy of the completed and signed complaint form to the address
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