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Terms and conditions
1. General provisions
These terms and conditions govern the rights and obligations of the contracting parties arising from the purchase contract concluded between the seller, which is the company design element, s. r. o. with its registered office at Topoľova 5, 811 04 Bratislava
Registered in the Commercial Register: Municipal Court Bratislava III, Section: Sro, File No. 63631/B (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.
Seller's contact details:
design element, s. r. o., Topoľova 5, 811 04 Bratislava.
Registered in the Commercial Register: Municipal Court Bratislava III, Section: Sro, File No. 63631/B,
IČO: 45441201 DIČ: 2022981356, IČ VAT: SK2022981356
Phone: 0905 610 332,
email: info@bikeguide.sk
Supervisory authority:
Inspectorate of SOI for the Bratislava Region Bajkalská 21/A, P.O. Box 5, 820 07 Bratislava 27
Department of Supervision and Legal Department tel. no.: 02/ 58 272 172 - 3; 02/ 58 272 106 fax. No.: 02/ 58 272 170 e-mail: ba@soi.sk https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
Seller's contact details:
design element, s. r. o., Topoľova 5, 811 04 Bratislava.
Registered in the Commercial Register: Municipal Court Bratislava III, Section: Sro, File No. 63631/B,
IČO: 45441201 DIČ: 2022981356, IČ VAT: SK2022981356
Phone: 0905 610 332,
email: info@bikeguide.sk
Supervisory authority:
Inspectorate of SOI for the Bratislava Region Bajkalská 21/A, P.O. Box 5, 820 07 Bratislava 27
Department of Supervision and Legal Department tel. no.: 02/ 58 272 172 - 3; 02/ 58 272 106 fax. No.: 02/ 58 272 170 e-mail: ba@soi.sk https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
1.1. These terms and conditions in the version valid on the date of conclusion of the purchase contract are an integral part of the purchase contract. In the event that the seller and the buyer conclude a written purchase contract in which they agree on conditions different from these terms and conditions of sale, the provisions of the purchase contract will take precedence over these terms and conditions of sale. The conditions agreed in this way must not be in conflict with other legal regulations (shortening the period for returning goods, warranty period, etc.)
1.2. For the purposes of these terms and conditions of sale and complaints, a supplementary contract is understood to mean a contract on the basis of which the buyer acquires goods or is provided with a service related to the subject of the purchase contract, if the goods are supplied 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 set by the applicable legislation of the Slovak Republic and does not include the price for the transport of goods or other optional services. In the case of electrical appliances, the price includes a recycling fee, which is stated in the order summary. All promotions are valid until stocks run out, unless otherwise stated for a specific product.
1.4. The seller reserves the right to adjust the price of goods at any time listed on any e-commerce website operated by the seller.
1.5. In the event that the seller fails to comply with its obligations set forth in the applicable laws of the Slovak Republic or in these Terms and Conditions, the buyer may exercise its right against the seller through the competent court.
2. Method of concluding a purchase contract
2.1. The buyer sends the proposal to conclude a purchase contract to the seller in the form of a completed and sent form on the seller's website, to which he sent the proposal to conclude a purchase contract, the subject of which is the transfer of ownership of the goods indicated by the buyer for a consideration at 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 to his e-mail address about the receipt of the order in the seller's electronic system (hereinafter referred to as the "confirmation of delivery of the order"). If necessary, all other information regarding his order may be sent to the buyer's e-mail address.
2.3. The delivery confirmation contains information that the order has been delivered to the seller, but does not constitute acceptance of the proposal to conclude a purchase contract.
2.4. The seller will then send information to the buyer's e-mail address about whether the buyer's order has been accepted (hereinafter referred to as "order acceptance"). The order acceptance contains information about the name and specification of the goods, the sale of which is the subject of the purchase contract, information about the price of the goods and/or other services, information about the expected delivery time of the goods, the name and information about the place where the goods are to be delivered and information about the possible price, conditions, method and date of transport of the goods to the agreed place of delivery of the goods to the buyer, information about the seller (business name, registered office, company ID, registration number in the commercial register, etc.), and possibly other necessary information.
2.5. The purchase contract is concluded by delivering the order acceptance in electronic or written form to the buyer.
2.6. The Seller shall inform the Buyer in a clear, unambiguous, understandable and unmistakable manner before sending the order about the pre-contractual information regarding the complaint, payment, commercial, transport and other conditions by:
a) informing about the main characteristics of the goods or the nature of the service to the extent appropriate to the means of communication used and the goods or service on the relevant catalogue page of the Seller's e-commerce,
b) informing about the business name and registered office of the Seller on the relevant sub-page of the Seller's e-commerce and in Article 1 of these commercial and complaint terms and conditions, which are located on the relevant sub-page of the Seller's e-commerce,
c) informing about the Seller's telephone number and other data that are important for the Buyer's contact with the Seller, in particular his e-mail address and fax number, if he has them, informing about the Seller's address at which the Buyer can apply complaint about goods or services, to file a complaint or other initiative, has been informed in Article 1 of these business and complaint terms and conditions, which are located on the relevant subpage of the Seller's e-commerce,
e) about 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 method by which it is calculated, as well as about the costs of transport, delivery, postage and other costs and fees, or, if these costs and fees cannot be determined in advance, about the fact that the buyer will be obliged to pay them, has been informed on the relevant catalogue page of the Seller's e-commerce,
f) about the payment terms, delivery terms, the period within which the Seller undertakes to deliver the goods or provide the service, the procedures for applying and handling complaints, complaints and initiatives of the buyer, has been informed in the relevant articles of these business and complaint terms and conditions, which are located on the relevant subpage of the Seller's e-commerce,
g) about the buyer's right to withdraw from the purchase contract, about the conditions, period and the procedure for exercising the right to withdraw from the contract was informed in Article 10 of these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
h) about the provision of the form for withdrawal from the purchase contract was informed in Article 10 and in the appendix of these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce; the seller also provided the form for withdrawal from the purchase contract itself in the appendix of these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce
i) about the information that if the buyer withdraws from the purchase contract, he will bear the costs associated with returning the goods to the seller pursuant to Section 10(3) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller's premises and on amendments and supplements to certain acts (hereinafter referred to as the "Consumer Protection Act in Distance Selling"), and if the buyer withdraws from the purchase contract, also the costs of returning the goods, which due to their nature cannot be returned by mail, is informed in Article 10 of these business and complaint terms and 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 performance actually provided pursuant to Article 10(5) of the Consumer Protection Act in Distance Selling, if the buyer withdraws from the service contract after having given the seller explicit consent pursuant to Article 4(6) of the Consumer Protection Act in Distance Selling, is informed in Article 10 of these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
k) on the circumstances under which the buyer loses the right to withdraw from the contract informed in Article 10 of these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
l) about the instructions on the seller's liability for defects in goods or services pursuant to the provisions of Sections 622 and 623 of the Civil Code informed in Article 8 of these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,m) the existence and details of the guarantee provided by the manufacturer or seller according to stricter principles than those stipulated in the provisions of 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 provision of services, if such assistance is provided, shall be provided on the relevant catalogue page of the seller's e-commerce and Article 9 of these business and complaint terms and conditions, which are located on the relevant sub-page of the seller's e-commerce,
n) the existence of relevant codes of conduct that the seller has undertaken to comply with, and the manner in which the buyer may familiarize themselves with them or obtain their text, shall be provided on the relevant catalogue page of the seller's e-commerce,
o) 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 whose validity is automatically extended, also information on the conditions for terminating the contract was provided on the relevant catalogue page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
p) on the minimum duration of the buyer's obligations arising from the purchase contract, if the purchase contract implies such an obligation for the buyer, was provided on the relevant catalogue page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
q) on the buyer's obligation to pay an advance or provide other financial security at the seller's request and on the conditions that apply to its provision, if the purchase contract implies such an obligation for the buyer, was provided on the relevant catalogue page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant subpage of the e-commerce the seller,
r) about the functionality, including applicable technical protection measures to secure electronic content, if appropriate, informed on the relevant catalog page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
s) about the compatibility of electronic content with hardware and software, which the seller knows or can reasonably be expected to know about, if appropriate, informed on the relevant catalog page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
t) about the possibility and conditions of resolving the dispute out of court through an alternative dispute resolution system, if the seller has undertaken to use this system, informed on the relevant catalog page of the seller's e-commerce and in these business and complaint terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
u) about the actions necessary to conclude a purchase contract by describing these necessary actions in these business and complaint terms and conditions, which are placed on the relevant subpage of the seller's e-commerce,
v) 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 e-commerce and in these business and complaint conditions, which are placed on the relevant subpage of the seller's e-commerce,
w) that the language offered for concluding the contract is Slovak, informed on the relevant catalog page of the seller's e-commerce and in these business conditions, which are placed on the relevant subpage of the seller's e-commerce.
2.7. If the seller has not fulfilled the information obligation on the payment of additional fees or other costs pursuant to point
2.6. letter e) of these business terms and conditions or on the costs of returning the goods pursuant to point 2.6. letter i) of these business 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 the goods to the buyer in the agreed quantity, quality and time frame based on the order confirmed by acceptance 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 no later than 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 via email. The confirmation must contain all the information specified in point 2.6. including the form for withdrawal from the purchase contract. d) hand over to the buyer no later than together with the goods in written or electronic form all documents necessary for the acceptance and use of the goods and other documents prescribed by the applicable legal regulations of the Slovak Republic (instructions in Slovak language, warranty certificate, 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 the sale of stocks or unavailability of the goods, the Seller is unable to deliver the goods to the Buyer within the period agreed in the purchase contract or determined by these business and complaint terms and conditions or at the agreed purchase price, the Seller is obliged to offer the Buyer a substitute performance or the possibility for the Buyer to withdraw from the purchase contract (cancel the order). The Buyer may withdraw from the purchase contract or cancel the order by delivering an e-mail. In the event that the Buyer has already paid the purchase price or part thereof, the Seller shall return the already paid purchase price or part thereof within 14 days from the date of delivery of the e-mail on withdrawal from the purchase contract or cancellation of the order to the Buyer to the account specified by him, unless the contracting parties agree otherwise. If the buyer does not accept the replacement 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 if the buyer has already paid the purchase price or part thereof, the seller is obliged to return the already paid purchase price or part thereof within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.
3.4 The seller reserves the right to cancel the order if the price of the goods was significantly different from the standard sales price due to a technical error.
4. Rights and obligations of the buyer
4.1. The buyer was informed by the seller that the order includes the obligation to pay the price.
4.2. The Buyer is obliged to:
a) take delivery of the ordered and delivered goods,
b) pay the agreed purchase price to the Seller within the agreed payment period, including the costs of delivering the goods,
c) confirm the 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 delivery of the goods in the quantity, quality, date and place agreed upon by the contracting parties.
5. Delivery and payment terms
5.1. The usual availability of goods is stated for each item on the e-commerce website. In stock means that the goods are directly in our warehouse. Delivery is usually within 2 to 3 working days after receipt of the order. Exceptionally, it may happen that delivery takes longer, in which case the customer is always informed.
5.2. Unless the seller and the buyer have 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 item within the period according to the first sentence, the buyer shall invite him to deliver the item within the additional reasonable period provided by him. If the seller does not deliver the item 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 delivery of the goods even before the expiry of the delivery period agreed in the purchase contract.
5.4. The display of the goods on any e-commerce website operated by the Seller is for illustrative purposes only. The display of color shades also depends, among other things, on the quality of the monitor used or other device used by you. 5.5. The Buyer is obliged to take delivery of the goods at the location agreed upon by the Seller or its representative to deliver the goods and the Buyer in the purchase contract or in another manner prior to delivery of the goods (hereinafter referred to as the "location"). The Buyer is obliged to take delivery of the goods within the time frame agreed upon by the Seller or its representative to deliver the goods and the Buyer in the purchase contract or in another manner prior to delivery of the goods (hereinafter referred to as the "time frame").
5.6. If the seller delivers the goods to the buyer at the place and within the time limit, the buyer is obliged to take over the goods in person or ensure that the goods are taken over by a person whom he authorizes in the event of his absence to take over the goods and sign the protocol on payment of the purchase price and delivery and handover of the goods. The third person 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 taken over 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 place, their takeover by the buyer or a third person 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 person 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 location and within the time limit or if the buyer does not take over the goods within 7 days after the time limit has expired in vain without prior written withdrawal from the purchase contract, the seller is entitled to claim compensation for the damage incurred in the amount of the actual costs of the attempt to unsuccessfully deliver the goods to the location.
5.8. The buyer is entitled to inspect the shipment, i.e. the goods as well as their packaging immediately after delivery in the presence of the seller's representative. In the event of the discovery of a defect in the goods and/or in the event that the shipment is incomplete (a lower number of goods, or the ordered goods are missing), the seller's representative is obliged to enable the buyer to make a record of the extent and nature of the defect in the goods, the correctness of which shall be confirmed by the seller's representative. Based on the record thus made and delivered to the seller, the buyer may subsequently refuse to take over the delivered goods with a defect or confirm the delivery of the goods with a defect and subsequently, pursuant to Art. 8 of these terms and conditions of sale and complaints to file a complaint about defects in the goods with the seller or a designated person. In the event that the buyer refuses to accept the delivered goods with a defect, all reasonably incurred costs for returning the goods to the seller shall be borne by the seller.
5.9. The buyer is entitled to withdraw from the purchase contract 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 of sale and the seller is obliged to return to the buyer the part of the purchase price already paid within 14 days of delivery of the withdrawal from the purchase contract by bank transfer to the buyer's bank account designated by the buyer.
5.1. The usual availability of goods is stated for each item on the e-commerce website. In stock means that the goods are directly in our warehouse. Delivery is usually within 2 to 3 working days after receipt of the order. Exceptionally, it may happen that delivery takes longer, in which case the customer is always informed.
5.2. Unless the seller and the buyer have 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 item within the period according to the first sentence, the buyer shall invite him to deliver the item within the additional reasonable period provided by him. If the seller does not deliver the item 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 delivery of the goods even before the expiry of the delivery period agreed in the purchase contract.
5.4. The display of the goods on any e-commerce website operated by the Seller is for illustrative purposes only. The display of color shades also depends, among other things, on the quality of the monitor used or other device used by you. 5.5. The Buyer is obliged to take delivery of the goods at the location agreed upon by the Seller or its representative to deliver the goods and the Buyer in the purchase contract or in another manner prior to delivery of the goods (hereinafter referred to as the "location"). The Buyer is obliged to take delivery of the goods within the time frame agreed upon by the Seller or its representative to deliver the goods and the Buyer in the purchase contract or in another manner prior to delivery of the goods (hereinafter referred to as the "time frame").
5.6. If the seller delivers the goods to the buyer at the place and within the time limit, the buyer is obliged to take over the goods in person or ensure that the goods are taken over by a person whom he authorizes in the event of his absence to take over the goods and sign the protocol on payment of the purchase price and delivery and handover of the goods. The third person 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 taken over 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 place, their takeover by the buyer or a third person 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 person 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 location and within the time limit or if the buyer does not take over the goods within 7 days after the time limit has expired in vain without prior written withdrawal from the purchase contract, the seller is entitled to claim compensation for the damage incurred in the amount of the actual costs of the attempt to unsuccessfully deliver the goods to the location.
5.8. The buyer is entitled to inspect the shipment, i.e. the goods as well as their packaging immediately after delivery in the presence of the seller's representative. In the event of the discovery of a defect in the goods and/or in the event that the shipment is incomplete (a lower number of goods, or the ordered goods are missing), the seller's representative is obliged to enable the buyer to make a record of the extent and nature of the defect in the goods, the correctness of which shall be confirmed by the seller's representative. Based on the record thus made and delivered to the seller, the buyer may subsequently refuse to take over the delivered goods with a defect or confirm the delivery of the goods with a defect and subsequently, pursuant to Art. 8 of these terms and conditions of sale and complaints to file a complaint about defects in the goods with the seller or a designated person. In the event that the buyer refuses to accept the delivered goods with a defect, all reasonably incurred costs for returning the goods to the seller shall be borne by the seller.
5.9. The buyer is entitled to withdraw from the purchase contract 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 of sale and the seller is obliged to return to the buyer the part of the purchase price already paid within 14 days of delivery of the withdrawal from the purchase contract by bank 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 stated in the order acceptance (hereinafter referred to as the "purchase price"). If the purchase price stated in the order delivery confirmation is higher than the price for identical goods stated 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 to conclude a new purchase contract, which the buyer must explicitly confirm 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 delivering the goods, in cash, or by credit card upon personal receipt of the goods, cash on delivery at the place of delivery of the goods or by bank transfer to the seller's account stated in the order acceptance or on the seller's website before receipt of the goods.
6.3. If the buyer pays the seller the purchase price by bank transfer, the day of payment is considered 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 period specified in the purchase contract, but no later than upon receipt of the goods.
6.5. If the buyer does not pay the seller the entire purchase price by the time the goods are delivered to the Place and the contracting parties have not agreed to pay the purchase price for the goods in installments, the seller is entitled to refuse to deliver the goods to the buyer.
6.6. The costs associated with the assembly and removal of the goods are not included in the purchase price and the seller is not obliged to provide these services to the buyer.
7. Acquisition of ownership and transfer of risk of damage to the goods
7.1. Upon receipt of the goods at the agreed place, the ownership of the goods passes to the buyer.
7.2. The risk of damage to the goods passes to the buyer at the time when the buyer or a third party authorized by the buyer takes over the goods from the seller or from his representative, authorized to deliver the goods or, if he fails to do so in time, at the time when the seller allows the buyer to handle the goods and the buyer does not take over the goods.
8. Complaints Procedure
(liability for defects, warranty, complaints) More information can be found in the separate section Complaints Procedure
9. Dispute resolution6.1. 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 stated in the order delivery confirmation is higher than the price for identical goods stated 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 to conclude a new purchase contract, which the buyer must explicitly confirm 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 delivering the goods, in cash, or by credit card upon personal receipt of the goods, cash on delivery at the place of delivery of the goods or by bank transfer to the seller's account stated in the order acceptance or on the seller's website before receipt of the goods.
6.3. If the buyer pays the seller the purchase price by bank transfer, the day of payment is considered 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 period specified in the purchase contract, but no later than upon receipt of the goods.
6.5. If the buyer does not pay the seller the entire purchase price by the time the goods are delivered to the Place and the contracting parties have not agreed to pay the purchase price for the goods in installments, the seller is entitled to refuse to deliver the goods to the buyer.
6.6. The costs associated with the assembly and removal of the goods are not included in the purchase price and the seller is not obliged to provide these services to the buyer.
7. Acquisition of ownership and transfer of risk of damage to the goods
7.1. Upon receipt of the goods at the agreed place, the ownership of the goods passes to the buyer.
7.2. The risk of damage to the goods passes to the buyer at the time when the buyer or a third party authorized by the buyer takes over the goods from the seller or from his representative, authorized to deliver the goods or, if he fails to do so in time, at the time when the seller allows the buyer to handle the goods and the buyer does not take over the goods.
8. Complaints Procedure
(liability for defects, warranty, complaints) More information can be found in the separate section Complaints Procedure
9.1. The buyer – the consumer – has the right to contact the seller with a request for redress (by e-mail to macobike2mail.com) if he is not satisfied with the way in which the seller has handled his complaint or if he believes that the seller has violated his rights. If the seller responds negatively to this request or does not respond to it within 30 days of its sending, the consumer has the right to submit a proposal to initiate alternative dispute resolution with an alternative dispute resolution entity (hereinafter referred to as the ADR entity) pursuant to Act 391/2015 Coll. z. ADR entities are authorities and authorized legal entities pursuant to Section 3 of Act 391/2015 Coll. z. The consumer may submit a proposal in the manner specified in Section 12 of Act 391/2015 Coll. z.
9.2. The competent entity for alternative dispute resolution with the seller is the Slovak Trade Inspection https://www. soi. sk/sk/Alternativne-riesenie-spotrebitelskych-sporov. soi or another relevant authorized 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 at https://www. mhsr. sk). The consumer has the right to choose which of the listed alternative dispute resolution entities to contact. The possibility of contacting the court is not affected by this. The consumer can also file a complaint through the European platform for alternative dispute resolution RSO, which is available online at https://ec. europa. eu/consumers/odr.
9.3. Alternative dispute resolution can only be used by a consumer - a natural person who, when concluding and fulfilling a consumer contract, is not acting within the scope of his business activity, employment or profession. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20.
10. Withdrawal from the purchase contract
10.1. If the seller cannot fulfill his obligations under the purchase contract due to the sale of stocks, unavailability of goods or if the manufacturer, importer or supplier of the goods agreed in the purchase contract has interrupted production or made such significant changes that it has become impossible to fulfill the seller's obligations under the purchase contract or due to force majeure or if, even after making all efforts that can be fairly demanded of him, he is unable to deliver the goods to the customer within the period specified in 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 is also obliged to offer the buyer a substitute 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 specified in this point of these complaints and business terms and conditions, the seller is obliged to return to the buyer the advance payment already paid for the goods agreed in the purchase contract within 14 days of 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 any reason in accordance with the provisions of § 7 et seq. of Act No. 102/2014 Coll. on consumer protection in distance selling (hereinafter referred to as the "Consumer Protection Act in Distance Selling") within 14 days from the receipt of the goods, or from the date of conclusion of the contract for the provision of a service or a contract for the provision of electronic content not supplied on a tangible medium, if the seller has timely and properly fulfilled the information obligations pursuant to the provisions of § 3 of the Act on Consumer Protection in Distance Selling.
10.3. The buyer has the right, within this period, after receipt, to unpack and test the goods in a manner similar to that which is usual when purchasing in a classic "brick and mortar" store, to the extent necessary to determine the nature, properties and functionality of the goods.
10.4. The withdrawal period 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 goods that were delivered last, b) the goods consisting of several parts or pieces are delivered, from the date of receipt of the last part or last piece, c) the goods are delivered repeatedly under the contract during a defined period, from the date of receipt of the first delivered goods.
10.5. The buyer may withdraw from the purchase contract, the subject of which is the purchase of goods, even before the withdrawal period begins to run.
10.6. The buyer must withdraw from the contract in writing in a manner 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 to these business and complaint terms and conditions. The withdrawal period 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 period pursuant to the provisions of Section 7(1) of the Act on Consumer Protection in Distance Selling.
10.7. Withdrawal from the purchase contract pursuant to the preceding point of these business and complaint terms and conditions must contain the information required in the withdrawal form from the purchase contract that forms Annex No. 1 to these business and complaint terms and conditions, in particular the buyer's identification, the order number and date, the exact specification of the goods, the method by which the seller is to return the performance 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 related to the purchase contract from which the buyer withdrew is also cancelled from the beginning. The buyer cannot be required to pay any costs or other payments in connection with the cancellation of the supplementary contract, except for the payment of the costs and payments specified in the provisions of § 9, paragraph 3, § 10, paragraphs 3 and 5 of the Act on Consumer Protection in Distance Selling and the price for the service, 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 without undue delay, but no later than 14 days from the date of withdrawal from the purchase contract, or to hand them over to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller has proposed that he collect the goods in person or through a person authorized by him. The period according to the first sentence of this point of these terms and conditions of sale and complaints is considered to have been observed if the goods were handed over for transport no later than the last day of the period.
10.10. The buyer is obliged to deliver the goods to the seller complete, including complete documentation, undamaged, if possible 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 to return to the buyer without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, all payments received from the buyer under 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 to the buyer payments according to this point of these terms and conditions of sale 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 proposes to collect the goods in person or through a person authorized by him.
10.12. The buyer bears the costs of returning the goods to the seller or a 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 under Section 3, Paragraph 1, Letter i) of the Act on Consumer Protection in Distance Selling.
10.13. The buyer is only liable for the reduction in the value of the goods that has arisen as a result of such treatment of the goods that goes beyond the treatment necessary to determine the properties and functionality of the goods. The consumer is not liable for the reduction in the value of the goods if the seller has not fulfilled the information obligation on the consumer's right to withdraw from the contract under Section 3, Paragraph 1, Letter h) of the Act on Consumer Protection in Distance Selling.
10.14. The seller is obliged to refund the purchase price for the goods to the buyer in the same way as the buyer used for his payment, unless he agrees with the buyer on another method of refunding payments without the buyer being charged additional fees in this regard.
10.15. In the event that the buyer withdraws from the contract and delivers to the seller goods that are used, damaged or incomplete, the buyer undertakes to pay to the seller: a) the value by which the value of the goods has been reduced pursuant to the provisions of Section 457 of the Civil Code in the actual amount b) the 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 post-warranty service of the goods. The buyer is obliged, pursuant to this point of the complaints and business conditions, to pay the seller compensation not exceeding 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 provisions of § 7, paragraph 6 of the Act on Consumer Protection in Distance Selling, the buyer cannot withdraw from a contract, the subject of which is:
- the sale of goods made according to the special requirements of the consumer, custom-made goods or goods intended specifically for one consumer, - the sale of goods enclosed in protective packaging that is not suitable for return for health protection or hygiene reasons and whose protective packaging was broken after delivery,
- the sale of goods that were assembled, folded or used in such a way that their restoration to their original state by the seller is not possible without increased effort and increased costs, e.g. folded or assembled furniture, etc.
10.17. The provisions of Article 11 of these business and complaint conditions expressly do not apply to entities that do not meet the definition of a consumer specified in the provision of § 2, letter a) of the Act.
11. Final provisions
11.1. If the purchase contract is concluded in writing, any change to it must be in writing.
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 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 acts as amended by Act No. 284/2002 Coll. as amended and Act No. 102/2014 Coll. on consumer protection in distance selling shall apply to relations not regulated by these commercial and complaint terms and conditions.
11.4. These terms and conditions of sale and complaints shall enter into force for the buyer upon conclusion of the purchase contract.
11.5. Before sending the order, the buyer will be asked to confirm by checking the box that he has become familiar with these terms and conditions of sale and complaints, has read them, understands their content and agrees with them in full.