Terms and conditions of ekomoss s.r.o.

1. General provisions

These terms and conditions govern the rights and obligations of the parties arising out of the sales contract concluded between the seller, Ekomoss s.r.o.
Masarykova 60, 07101 Michalovce, Slovakia, IČO: 51751143, TIN: 2120773765

, registered in the Commercial Register of the District Court Košice I, Section: Sro, Insert No. 35147/V (‘seller’) (a) the buyer, the object of which is the purchase and sale of the goods on the seller’s e-commerce website.

Seller’s contact details:

Ekomoss s.r.o., Masarykova 60, 07101 Michalovce, Slovakia
ISAS: 51751143
TIN: 2120773765
VAT NUMBER: SK2120773765
registered in the Commercial Register of the District Court Košice I, Section: Sro, Vložka No. 35147/V
Telephone: +421915521035
Email: info@ekomoss.sk

1.1. These terms and conditions, as applicable on the date of conclusion of the purchase contract, form an integral part of the purchase contract. In the event that the seller and the buyer conclude a written sales contract in which they agree terms by way of derogation from these terms and conditions, the provisions of the purchase contract will be given priority over these terms and conditions. The conditions thus agreed must not conflict with other legislation (shortening of the time limit for the return of goods, warranty period, etc.)

1.2. For the purposes of these commercial and complaint terms, a supplementary contract means a contract under which the buyer acquires goods or is provided with a service relating to the subject-matter of the contract of sale, where the goods are supplied or the service provided by the seller or a third party under their agreement.

1.3. The displayed purchase price for goods on any e-commerce website operated by the seller also includes value added tax of the amount laid down by the applicable legislation of the Slovak Republic and does not include the price for the carriage of goods or other optional services. All shares are valid until stocks are sold out, unless otherwise specified for the particular goods.

1.4. The Seller reserves the right to adjust at any time the price of the goods listed on any e-commerce website operated by the seller. The change in the price of goods does not apply to sales 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 under the applicable legislation of the Slovak Republic or the European Communities or in these commercial and complaint terms, the buyer may exercise his right against the seller through the competent court.

2. Method of conclusion of the sales contract

2.1. The proposal for the conclusion of the purchase contract shall be sent by the buyer to the seller in the form of a completed and sent form on the seller’s website, to which he has sent a proposal for the conclusion of the purchase contract, the subject of which is the transfer of title to the goods designated by the buyer at the purchase price and under the conditions specified in this order (hereinafter referred to as “the order”).

2.2. Upon dispatch of the order, the buyer will receive at his e-mail address automatically received notification of receipt of the order to the seller’s electronic system (hereinafter referred to as “confirmation of delivery of the order”). Any further information regarding his order may be sent to the buyer’s e-mail address if necessary.

2.3. The acknowledgement of delivery contains the information that the order has been received by the seller, but it is not the acceptance of the proposal for the conclusion of the purchase contract.

2.4. The seller then sends to the buyer’s e-mail address whether the buyer’s order has been accepted (hereinafter referred to as “acceptance of the order”). The acceptance of the order contains information about the name and specification of the the sale of which is the subject of the contract of sale, the price of the goods and/or other services, the estimated delivery time of the goods, the name and details of the place where the goods are to be delivered and the possible price, conditions, the method and date of transport of the goods to the agreed place of delivery of the goods for the buyer, the details of the seller (dealer’s name, registered office, registration number, registration number, etc.), etc., other necessary particulars.

2.5. The purchase agreement is concluded by the consent of the buyer with acceptance of the order, delivered by the seller in electronic form on the buyer’s email.

2.6. Before sending the buyer’s order, the Seller informed the Seller in a clear, unambiguous, comprehensible and unmistakable manner, prior to sending the buyer’s order, the pre-contractual information relating to the complaint, payment, commercial, transport and other terms by:

  • (a) report on the main characteristics of the goods or the nature of the service to the extent that the means of communication and the goods or service used is informed on the relevant catalogue page of the seller’s e-commerce;
  • (b) inform the seller’s business name and registered office on the relevant sub-page of the seller’s e-commerce and in Art. 1 of these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce;
  • (c) the telephone number of the seller and other information relevant to the buyer’s contact with the seller, in particular the address of his e-mail and the fax number, if he has informed them on the relevant sub-page of the seller’s e-commerce and in Art. 1 of these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce;
  • (d) the address of the seller at which the buyer may make a complaint of the goods or services, to lodge a complaint or other complaint in Art. 1 of these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce;
  • (e) the total price of the goods or services, including value added tax and all other taxes, or where, due to the nature of the goods or services, the price cannot reasonably be determined in advance, the manner in which it is calculated, as well as the costs of transport, delivery, postage and other costs and charges, or, if such costs and charges cannot be determined in advance, of the fact that the buyer will be obliged to pay them, informed on the relevant catalogue of the seller’s e-commerce catalogue. ,
  • (f) on payment terms, delivery terms, the period within which the seller undertakes to deliver the goods or provide a service, information on the procedures for the application and handling of complaints, complaints and complaints of the buyer in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce;
  • (g) inform the buyer of the right to withdraw from the contract of sorrand, the terms, time limit and procedure for exercising the right of withdrawal in Art. 10 of these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce,
  • (h) inform the commission of the withdrawal form in Art. 10 and in the annex to these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce; the seller also provided the form of withdrawal itself from the purchase contract in the annex to these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce
  • (i) information that, if the buyer withdraws from the purchase contract, he/she will bear the costs associated with the return of the goods to the seller pursuant to § 10(1) and (2). Article 13(3) of Law No. 102/2014 Z.z. on consumer protection in the sale of goods or services under a distance contract or an off-premises contract of the seller and on the amendment of certain laws (‘the Law on consumer protection in distance selling’), and if it also withdraws from the contract of sale the cost of returning goods which, by their nature, cannot be returned by post, reported in Article 10(1) of the Agreement. 10 of these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce,
  • (j) the buyer’s obligation to pay the seller the price for the performance actually provided pursuant to Paragraph 10(1) of the Law of 20 December 2002; 5 The Consumer Protection Act for distance selling, if the buyer withdraws from the service contract after having given the seller express consent pursuant to Paragraph 4(1) of the Law on The Protection of The Consumer from distance selling, the buyer shall withdraw from the contract of service after having given the seller express consent pursuant to Paragraph 4(1) of the Act. 6 The Consumer Financial Protection Act, in Article 11(1) of the Law on the protection of distance selling, informed in Art. 10 of these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce,
  • (k) inform the buyer of the circumstances in which he loses his right of withdrawal in Art. 10 of these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce,
  • (l) the information on the seller’s liability for defects in goods or services under the Ust. Paragraphs 622 and 623 of the Civil Code informed in Art. 8 of these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce,
  • (m) the existence and details of the guarantee provided by the manufacturer or seller in accordance with stricter principles as provided for in the act. § 502 of the Civil Code, if provided by the manufacturer or seller, as well as information on the existence and conditions of the assistance and services provided to the buyer after the sale of the goods or the provision of the service, where such assistance is provided informed on the relevant catalogue page of the seller’s e-commerce and Art. 9 of these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce,
  • (n) the existence of the relevant codes of conduct which the seller has undertaken to comply with and of the manner in which the buyer may familiarise himself with them or obtain their wording on the relevant catalogue page of the seller’s e-commerce,
  • (e) the duration of the contract in the case of a fixed-term contract; in the case of a contract concluded for an indefinite period or in the case of a contract which automatically extends its validity, it shall also inform the information on the terms of termination of the contract on the relevant catalogue site of the seller’s e-commerce and in these commercial and advertising terms, which are located on the relevant sub-page of the seller’s e-commerce,
  • (p) the minimum duration of the buyer’s obligations arising from the purchase contract, if the purchase contract implies such obligation for the buyer on the relevant catalogue site of the seller’s e-commerce and in these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce;
  • (q) o the obligation of the buyer to pay the advance or to provide another financial guarantee at the request of the seller and of the conditions applicable to its provision, if the purchase contract implies such an obligation for the buyer to inform the seller on the relevant catalogue site of the seller’s e-commerce and in these commercial and advertising terms, which are located on the relevant sub-page of the seller’s e-commerce;
  • (r) the functionality, including applicable technical safeguards to secure electronic content, where appropriate, on the relevant catalogue site of the seller’s e-commerce and in these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce;
  • (s) the compatibility of electronic content with hardware and software that the seller is known or reasonable to expect to know about, where appropriate, on the relevant catalogue page of the seller’s e-commerce and in these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce;
  • (t) the possibility and conditions for resolving the dispute out of court through the alternative dispute resolution system, where the seller has undertaken to use the scheme, informed on the relevant catalogue site of the seller’s e-commerce and in these commercial and complaint terms, which are located on the relevant sub-page of the seller’s e-commerce;
  • (u) the acts necessary for the conclusion of the contract of sale by describing these necessary acts in these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce;
  • (v) that the purchase contract will be deposited in electronic form with the seller and is available to the buyer after the buyer has informed it in writing on the relevant catalogue page of the seller’s e-commerce and in these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce;
  • w) that the language offered for the conclusion of the contract is the Slovak language is informed on the relevant catalogue page of the seller’s e-commerce and in these terms and conditions, which are located on the relevant sub-page of the seller’s e-commerce.

2.7. If the seller has not complied with the information obligation on the payment of additional fees or other costs according to point 2.6. point (a) shall be replaced by (e) these commercial and claim terms or the cost of returning the goods as referred to in point 2.6. point (a) shall be replaced by (i) these terms and 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) deliver, on the basis of an order confirmed by acceptance to the buyer, goods in the agreed quantity, quality and time limit and package dined or equipped for transport in the manner necessary for its conservation and protection;
  • (b) ensure that the goods delivered comply with the applicable legislation 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 confirmation of the conclusion of the purchase contract on a durable medium, for example by e-mail. The certificate shall contain all the information referred to in point 2.6. including the withdrawal form of the purchase contract.
  • d) to hand over to the buyer at the latest together with the goods in written or electronic form all documents necessary for the receipt and use of the goods and other documents prescribed by the applicable legislation of the Slovak Republic (instructions in Slovak language, guarantee certificate, delivery note, tax document).

3.2. The seller has the right to orderly and timely payment of the purchase price from the buyer for the goods delivered.

3.3. If, due to the sale of supplies or the unavailability of goods, the seller is unable to deliver the goods to the buyer within the period agreed in the purchase contract or determined by these terms and conditions or at the agreed purchase price, the seller is obliged to offer the buyer a replacement service or the possibility for the buyer to withdraw from the purchase contract (cancel the order). Withdraw from the purchase agreement or cancel the order can be issued by the buyer by receiving an email. In the event that the buyer has already paid the purchase price or part thereof, the seller shall refund the purchase price or part thereof already paid within 14 days of the date of receipt of the withdrawal email or the purchase contract. order to the buyer on the account specified by him, unless otherwise agreed by the parties. In the event that the buyer does not accept the replacement service offered by the seller within a reasonable period of time or withdraw from the purchase contract, the seller is entitled to withdraw from the purchase contract and, if the buyer has already paid the purchase price or part thereof, the seller is obliged to reimburse the purchase price already paid or part thereof within 14 days of the date of receipt of the purchase contract to the buyer.

4. Buyer’s rights and obligations

4.1. The buyer was informed by the seller that part of the order is an obligation to pay the price.

4.2. The buyer is obliged to:

  • (a) take over the ordered and delivered goods
  • (b) pay the seller the agreed purchase price within the agreed payment period, including the cost of delivery of the goods
  • (c) confirm on the delivery note the receipt of the goods by its signature or signature of the person authorised by him.

4.3. The buyer has the right to deliver the goods in the quantity, quality, time and place agreed by the contractors.

5. Delivery and payment terms

5.1. The usual availability of goods with the date of their dispatch is within 30 days. Since our entire range offered is difficult and demanding for delivery time, we always review the products you order at the manufacturer or. with our supplier’s current usual delivery time. We send you information about the current usual delivery time in acceptance of the order we send to you in your email.
Acceptance of the order must be confirmed by the buyer by replying to the email in which the acceptance of the order was sent to the buyer, the buyer must reply i agree with the acceptance of the order, or I do not agree with the acceptance of the order. If the buyer agrees to accept the order, the purchase contract will be concluded, if the buyer expresses disagreement with the acceptance of the order, the contract will not be concluded.

5.2. Unless otherwise agreed by the seller and buyer in the purchase contract, the seller is obliged to deliver the matter 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 case within the time limit of the first sentence, the buyer shall invite him to deliver the case within the additional reasonable time provided by him. If the seller does not deliver the case even within this additional reasonable period of time, 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 delivery time agreed in the purchase contract.

5.4. The color display of the items on the monitor may not exactly correspond to the real colors of how the buyer will perceive them in reality. The display of color tones depends, among other things, on the quality of the display monitor or other display device used.

5.5. The buyer is obliged to take over the goods at the place which the seller or his representative is authorised to deliver the goods and to the buyer agreed in the purchase contract or otherwise at the time before the delivery of the goods (hereinafter referred to as “The Place”). The buyer is obliged to take over the goods to the extent that he or she is the seller or his representative, authorised to deliver the goods and to the buyer agreed in the purchase contract or otherwise at the time before the delivery of the goods (hereinafter referred to as “The Time Range”).

5.6. In the event that the seller transports the goods to the buyer to the Place and in the Time Range, the buyer is obliged to take over the goods personally or to ensure that the goods are taken over by the person he authorises in the event of his absence to take over the goods and sign a protocol on the payment of the purchase price and delivery and delivery of the goods. The third party empowered to take over the goods is obliged to present to the seller a copy of the acceptance of the order. The goods shall be deemed to have been delivered and taken over at the time of delivery of the goods to the buyer. Delivery of goods to the buyer means the delivery of goods to the Place, its acceptance by the buyer or by a third party authorised by the buyer and the signing of a protocol on the payment of the purchase price and delivery and delivery of the goods by the buyer or by a third party authorized by the buyer.

5.7. If the delivery of the goods is repeated due to the absence of the buyer in the Place and in the time scale, or if the buyer, without prior written withdrawal from the purchase contract, does not take over the goods within 7 days after the vain expiry of the Time Range, the seller shall be entitled to claim compensation for the actual costs of the actual costs of attempting to attempt the failed delivery of the goods to the Place.

5.8. The buyer is entitled to check the shipment, i.e. the goods as well as their packaging immediately upon delivery in the presence of the seller’s representative. In the event of the discovery of a defect in the goods, or if the consignment is not complete (a lower number of pieces of goods or missing ordered goods), the seller’s representative is obliged to allow the buyer to draw up a record of the extent and nature of the defect, the correctness of which is confirmed by the seller’s representative. On the basis of the record thus produced by the seller, the buyer may subsequently refuse to take over the delivered goods with a vain or to confirm the delivery of the goods with a vain and subsequently within the meaning of Art. 8these terms and conditions of application of the complaint of defects of the goods to the seller or designated person. In the event that the buyer refuses to take over the delivered goods with a vain, all the expedient costs of returning the goods to the seller shall be borne by the seller.

5.9. The buyer is entitled in the event of non-delivery of goods by the seller within the period specified in point 5.2. these terms and conditions withdraw from the purchase agreement and the seller is obliged to return to the buyer the part of the purchase price already paid within 14 days of receipt of the withdrawal of the purchase contract by a non-cash transfer to the buyer’s bank account designated 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 indicated in the acceptance of the order (hereinafter referred to as “the purchase price”). If the purchase price indicated in the order delivery confirmation is higher than the price for identical goods indicated in the e-commerce offer at the time of dispatch of the order by the buyer, the seller shall deliver an electronic message to the buyer informing the buyer of the offer of a new purchase price of another amount, which is considered to be the seller’s proposal for the conclusion of a new purchase contract, which the buyer must expressly confirm by e-mail or in writing in order to conclude the purchase agreement in force.

6.2. The buyer is obliged to pay the seller the purchase price, including the cost of delivery of the goods in cash, respectively. by credit card upon personal receipt of the goods, by delivery at the place of delivery of the goods or by non-cash transfer to the seller’s account, stated in the acceptance of the order or on the seller’s website in the time before the goods are taken over. The buyer can also take advantage of the possibility of a consumer repayment credit.

6.3. In the event that the buyer pays the seller the purchase price by non-cash transfer, the date of payment shall be deemed to be the day on which 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 time limit under the purchase contract, but at the latest on receipt of the goods.

6.5. In the event that the buyer does not pay the seller the full purchase price until the time of delivery of the goods to the Place and the parties have not agreed to pay the purchase price for the goods in instalments, the seller is entitled to deny the delivery of the goods to the buyer.

6.6. The costs associated with the assembly and delivery of the goods are not included in the purchase price and the seller is not obliged to provide these services to the buyer.

6.7. In the event that the buyer chooses a method of payment of “advance-surcharge upon receipt of the goods” in the order process, the seller requests payment of an advance of at least EUR 16,60. In the case of an order of atypical goods, custom goods, or order is greater than 500 EUR can be the amount of the advance up to 50% of the price of the order. The seller informs the buyer of the amount of the advance in the acceptance of the order sent by the seller on the buyer’s email.

6.8. In our shop we offer current bonuses that are not contingent on anything, current bonuses change sporadically and the current bonus you have applied to your order in the purchase system always applies, the current bonus is ticked up in the second step of the purchase process, you will see the current bonus in the order deducted in the last step of the purchase process, and then you will have it deducted in the order, the current bonuses are not limited by any date or deadline.

7. Acquisition of ownership and transfer of the risk of damage to goods

7.1. By taking over the goods at the agreed place, the ownership of the goods passes to the buyer. Buyer who does not meet the consumer definition set out in ust. Paragraph 2(a) and (b) of paragraph 1 a) By law, acquires ownership of the goods only by fully paying 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 party authorised by the buyer takes over the goods from the seller or his representative, the person in charge of delivering the goods, or if he does not do so on time, at a time when the seller allows the buyer to dispose of the goods and the buyer does not take over the goods.

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