1. General provisions
- 1.1 These general terms and conditions regulate the rights and obligations of the contracting parties resulting from the purchase contract concluded between the seller, Wocht s.r.o., business ID: 50186965, Pribinova 923/25, 956 18 Bošany, Slovakia (hereinafter referred to as “seller“) and the buyer, the subject of which is the purchase and sale of goods on the seller’s e-commerce website.
Contact details of the seller:
Postal address:
Wocht s.r.o.
Pribinova 923/25, Bošany 956 18, Slovakia
Contact information:
Phone number: +421 232 447 779
E-mail: info@treeempire.eu
Direct bank connection for non-cash payments (account number/IBAN):
SK10 0900 0000 0051 7168 1990
Supervisory authority:
Slovak Trade Inspection
STI Inspectorate for the Trenčín region
Andreja Sládkoviča 11, 971 01 Prievidza 1
Department of technical control of products and consumer protection
Phone no.: 046/5422771
Fax: 046/5420685
- 1.2 The contracting parties have agreed that the buyer, by sending the order to the seller, confirms his agreement that these general terms and conditions and their terms and provisions will apply to all purchase contracts concluded on any e-commerce website operated by the seller, on the basis of which the seller will deliver the goods presented on the website in question to the buyer (hereinafter referred to as the “purchase agreement“) and to all relations between the seller and the buyer, arising in particular when concluding a purchase agreement and claiming goods.
- 1.3 The general terms and conditions are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written sales contract in which they agree on conditions different from the general business conditions, the provisions of the sales contract will take precedence over the general business conditions.
- 1.4 The seller can at any time adjust the selling price of the goods that are displayed on the e-commerce website in the seller’s store. Such a change does not apply to sales contracts concluded before the price change, regardless of the fact that the goods have not yet been delivered.
2. Method of concluding a purchase contract
- 2.1 The purchase contract is concluded by the seller’s binding acceptance of the buyer’s proposal for the conclusion of the purchase contract in the form of an e-mail message from the buyer sent to the seller and/or in the form of a form filled out and sent by the buyer on the seller’s website and/or in the form of a telephone order from the buyer to the seller (hereinafter referred to as “the order”).
- 2.2 Binding acceptance of the buyer’s order by the seller is a telephone or e-mail confirmation by the seller to the buyer about the acceptance of the order after the previous acceptance of the order by the buyer and after verification of the availability and delivery date of the goods requested by the buyer, marked as “order confirmation”. The automatically executed notification of the acceptance of the order into the electronic system of the seller, which you will receive at your e-mail address immediately after sending your order, is not considered binding acceptance of the order. If necessary, all additional information regarding your order will be sent to your e-mail address.
- 2.3 The binding acceptance of orders contains data on the name and price of the goods, the sale of which is the subject of a specific contract, further data on the price of goods and/or other services, data on the delivery period of the goods, the name and data on the place where the goods are to be delivered and data on the price goods, conditions, method and date of transportation of the goods to the agreed place of delivery of the goods for the buyer, details of the seller (business name, address, business ID, registration number in the commercial register, etc.) or other information.
- 2.4 The buyer can deliver to the seller by e-mail or by phone within 24 hours from the delivery of the order a notification that he is canceling the order. The buyer is obliged to state the name, e-mail address and description of the ordered goods in the order cancellation notification. In case of cancellation of the order, the seller does not charge the buyer any fees related to the cancellation of the order. In the event that the buyer has paid the seller the purchase price, or part of it, in the time before the cancellation of the order, the seller will return the already paid purchase price or part of it within 14 days from the cancellation of the order by transfer to the buyer’s bank account, unless the contracting parties agree on another method of returning the purchase price prices. When paying by card, refunds can only be made to the card from which the original purchase was made. Another method of refund may be the subject of a claim by the cardholder.
3. Rights and obligations of the seller
- 3.1 The seller is obliged to:
- based on the order confirmed by the seller, deliver the goods to the buyer in the agreed quantity, quality and date and pack them or prepare them for transport in a manner necessary for their preservation and protection
- to ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic
- hand over to the buyer in written or electronic form, together with the goods at the latest, all the documents necessary for taking over and using the goods and other documents prescribed by valid legal regulations (instructions in the English language, warranty card, delivery note, tax document)
- 3.2 The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
- 3.3 The seller has the right to cancel the order if, due to sold-out stocks or the unavailability of the goods, he is unable to deliver the goods to the buyer within the period determined by these terms and conditions or at the price indicated in the online store, unless he agrees with the customer on alternative delivery. The customer will be informed of the cancellation of the order by phone or e-mail, and in case of payment of the purchase price or part of it, the funds will be returned to him within 14 days to the account specified by him, unless otherwise agreed with the seller.
4. Rights and obligations of the buyer
- 4.1 The buyer is obliged to:
- take over purchased or ordered goods
- to pay the seller the agreed purchase price within the agreed due date, including the costs of delivering the goods
- not damage the seller’s good business name
- confirm receipt of the goods in the delivery note with your signature or the signature of a person authorized by him and a stamp, if available
- 4.2 The buyer has the right to deliver the goods in the quantity, quality, date and place agreed by the contracting parties in the binding acceptance of the order.
5. Delivery and payment terms
- 5.1 The goods are sold according to the displayed samples, catalogs, type sheets and sample books of the seller located on the website of the seller’s electronic store.
- 5.2 The seller is obliged to fulfill the buyer’s order and deliver the goods to the buyer within 3 working days from the delivery of the goods by the supplier or manufacturer of the goods to the seller.
- 5.3 The buyer is obliged to take over the goods at the place indicated in the acceptance of the buyer’s order by the seller. In the event that there is a delay in the delivery of the goods by the seller, the seller is entitled to unilaterally extend the deadline for the delivery of the goods, even repeatedly, for which the seller will issue a confirmation to the buyer. In the event that the buyer does not take over the goods within 7 days after the expiration of the period specified in the purchase contract, the binding acceptance of the order or unilaterally extended by the seller, the seller is entitled to charge the buyer a storage fee of €20.00 for each day of storage of the goods. After 14 days have passed since the day when the buyer was obliged to take over the goods, the seller is entitled to withdraw from the purchase contract and sell the goods to a third party. After the sale of the agreed goods to a third party, the deposit for the agreed goods paid by the buyer will be counted in the full amount towards the contractual penalty, which the buyer is obliged to pay to the seller.
- 5.4 The seller is entitled to challenge the buyer to take over the goods before the expiration of the period agreed in the purchase contract.
- 5.5 The weight, dimensions and other data about the goods contained in the catalogs, prospectuses and other documents of the seller located on the website of the electronic store of the seller are non-binding data.
- 5.6 The place of delivery of the goods is the place indicated in the acceptance of the order by the seller, unless the contracting parties agree otherwise in the purchase contract.
- 5.7 In the event that the seller delivers the goods to the buyer to the place specified by the buyer in the purchase contract, the buyer is obliged to take over the goods in person or to ensure that the goods are taken over by a person whom he authorizes in the event of his absence to take over the goods specified in the purchase contract and to sign the delivery and handover protocol goods. The third party authorized to take over the goods specified in the purchase contract is obliged to submit to the seller the original or a copy of the purchase contract and the proof of payment for the goods and a written power of attorney. If it is necessary to repeat the delivery of the goods due to the absence of the buyer at the place specified in the purchase contract, all costs incurred will be covered by the buyer, in particular the repeated delivery of the goods to the place of destination in the purchase contract and storage in the amount specified in point 2 of this article of these general commercial terms and conditions. The goods are considered delivered at the moment of delivery of the goods to the address specified in the binding acceptance of the order and taken over at the moment of physical acceptance of the goods by the buyer, respectively, by his authorized representative or by refusing to accept the goods, which the carrier indicates in the protocol on the delivery and handover of the goods.
- 5.8 The buyer is obliged to check the shipment, i.e. the goods as well as their packaging immediately after delivery. If the buyer discovers that the goods or the packaging of the goods is mechanically damaged, he is obliged to notify the carrier of this fact and check the condition of the goods in his presence. In the event of damage to the goods, the buyer is obliged to make a record of the extent and nature of the damage to the goods, the correctness of which will be confirmed by the carrier. On the basis of the record thus prepared and delivered to the seller, the seller can subsequently provide the removal of the defect in the goods, a discount on the goods or, in case of irreparable defects in the goods, supply the buyer with new goods.
- 5.9 The buyer is entitled in case of non-delivery of the goods by the seller within the period specified in 5.2 of Business conditions to withdraw from the purchase contract and the seller is obliged to return to the buyer the already paid part of the purchase price within 14 days from the delivery of the withdrawal from the purchase contract by cashless transfer to the buyer’s account specified by the buyer.
- 5.10 Buyers will receive an invoice by e-mail for each shipment. Where a warranty card is required, he will receive it in the package.
- 5.11 Payment methods: by bank transfer.
6. Purchase price
- 6.1 The buyer is obliged to pay the seller the purchase price of the goods agreed in the purchase contract and/or according to the seller’s price list valid at the time of the conclusion of the purchase contract, including the costs of delivery of the goods (hereinafter referred to as the “purchase price”) in the form of cash payment at the specified establishment of the seller, by cash on delivery at the place of delivery of the goods, by cash on delivery through a company providing postal services or by cashless transfer to the seller’s account, specified in the binding acceptance of the order.
- 6.2 The seller reserves the right to change the purchase price in the event of a change in legislation, a change in prices from manufacturers or suppliers of goods.
- 6.3 If the buyer pays the seller the purchase price by non-cash transfer, the date of payment is considered the day when the entire purchase price was credited to the seller’s account.
- 6.4 The buyer is obliged to pay the seller the purchase price for the agreed goods within the period according to the purchase contract, but at the latest upon taking over the goods.
- 6.5 In the event that the buyer pays the seller the purchase price for the goods agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand the return of the purchase price only in accordance with the applicable legal regulations of the Slovak Republic.
- 6.6 In the event that the buyer withdraws from the purchase contract before payment of the entire purchase price, the contracting parties have agreed that the paid deposit for the purchase price will be counted in the full amount in the contractual fine, which the buyer is obliged to pay to the seller, unless otherwise agreed in the purchase contract.
- 6.7 In the event that the buyer does not pay the seller the entire purchase price when taking over the goods, the parties have agreed that the seller is entitled to withdraw from the purchase contract and the paid advance payment for the purchase price will be counted in the full amount in the contractual fine that the buyer is obliged to pay to the seller, if unless otherwise agreed in the purchase contract.
- 6.8 The costs associated with assembly and door delivery are not included in the purchase price of the goods, and the seller is not obliged to provide these services to the buyer.
- 6.9 All discounts are valid while supplies last, unless otherwise stated for a specific product.
7. Acquisition of ownership and passing of the risk of damage to the goods
- 7.1 The buyer acquires ownership rights to the goods only upon full payment of the entire purchase price for the goods.
- 7.2 The risk of damage to the goods passes to the buyer at the time when he takes over the goods from the seller, or when he does not do so in time, then at the time the seller allows him to handle the goods and the buyer does not take over the goods.
8. Complaints procedure (responsibility for defects, warranty, complaints)
- 8.1 We resolve all warranty claims where the defect becomes apparent within 30 days of receiving the goods by exchanging the goods for a new item. If the goods are not in stock at the given moment, they will be ordered for you in the shortest possible time or we will allow you to choose other goods of the same value. In order to speed up the resolution of the complaint in exchange for a new item within 30 days of purchase, the claimed goods must be returned complete (i.e. including all accessories, manuals, etc.). The exchange guarantee does not apply to mechanically damaged goods. Wocht s.r.o. offers the possibility of returning unused goods according to the statutory period of 7 days. However, the goods must be in their original packaging, unused and complete. If you are interested in returning used goods, we offer an amount corresponding to the value of the used goods. A customer who purchases goods as part of his business activity and these goods are not intended for resale, may withdraw from the contract within 7 days of receiving the goods. The use of the period for returning goods is not possible for products that the customer received in the complaint procedure (exchange for a new item).
- 8.2 The seller is responsible for defects in the goods and the buyer is obliged to file a claim with the seller without delay in accordance with the valid claims procedure. Information about service points for warranty and post-warranty service is listed on the back of the warranty card, or if necessary, we will provide you on request by phone or e-mail.
- 8.3 The valid complaints procedure applies to handling complaints. By sending the order to the seller, the buyer confirms that he was properly informed about the conditions and method of claiming the goods, including information on where the claim can be made, and about the performance of warranty repairs in accordance with section § 18 par. 1 of Act no. 250/2007 Z. z. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Z. z. on offenses as amended (hereinafter referred to as “the Act”).
- 8.4 The complaint procedure applies to goods purchased by the buyer from the seller in the form of an electronic store on the seller’s electronic store website.
- 8.5 The complaint procedure in this form is valid for all business cases, unless other warranty conditions are contractually agreed.
- 8.6 The buyer has the right to claim a warranty from the seller only for goods that show defects caused by the manufacturer, supplier or seller, are covered by the warranty and were purchased from the seller.
- 8.7 The buyer is obliged to inspect the goods upon receipt of the goods. If he does not do so, he can make claims from defects found during this inspection, only if he proves that the goods already had these defects at the time of receipt of the goods.
- 8.8 During the warranty period, the customer has the right to have the defect removed free of charge after presenting the goods, including accessories, documentation and instructions to the authorized representative of the seller, together with the warranty letter and proof of payment.
- 8.9 If the goods show defects, the customer has the right to file a claim at the seller’s establishment in accordance with section § 18 par. 2 of the Act by delivering the goods to the seller’s premises at his own expense and filling out a claim form and delivering it to the seller. The form of the form is determined by the seller and its model is placed on the seller’s website. The buyer is obliged to indicate exactly the type and extent of defects in the goods in the form. The customer has the right to file a complaint with a person authorized by the manufacturer of the goods to carry out warranty repairs (hereinafter referred to as the “designated person”). The list of designated persons is given in the warranty letter or the seller will send it to the buyer at his request. The complaint procedure for goods that can objectively be delivered to the seller begins on the day when all the following conditions are met:
- delivery of a completed claim form from the buyer to the seller,
- delivery of the claimed goods from the buyer to the seller,
- delivery of access codes, passwords, etc. to the goods from the buyer to the seller.
The complaint procedure for goods that cannot objectively be delivered to the seller and that are firmly embedded begins on the day when all the following conditions are met:
- delivery of a completed claim form from the buyer to the seller,
- inspection of the claimed goods by a third party designated by the seller, who will issue a written confirmation to the buyer of the inspection,
- delivery of access codes, passwords, etc. to the goods from the buyer to the seller.
The beginning of the complaint procedure is also the day of application of the complaint. The claimed goods must be delivered to the seller’s headquarters, unless the seller or the specified person specifies otherwise (e.g. deliver the goods directly to the specified person).
- 8.10 The seller is obliged to accept the complaint in any establishment where receiving the complaint is possible, i.e. at its headquarters or at a designated person in accordance with section § 18 par. 2 of the Act.
- 8.11 In the place designated according to point 8.9 of these general terms and conditions for receiving complaints, the seller is obliged to ensure the presence of a person authorized to handle complaints in accordance with section § 18 par. 3 of the Act.
- 8.12 The buyer is obliged to complain about defects in the goods to the seller without unnecessary delay, otherwise the buyer loses his right to the seller to remove the defect free of charge.
- 8.13 The seller or a designated person will issue a confirmation of the application of the goods complaint to the buyer in a suitable form chosen by the seller, e.g. in the form of e-mail or in writing, in which he is obliged to accurately indicate the defects of the goods in accordance with section § 18 par. 5 of the Act and instruct the consumer about his rights, which arise from sec. § 622 and sec. § 623 of the Civil Code. If the claim is made via means of remote communication, the seller is obliged to deliver the confirmation of the claim to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without unnecessary delay, but at the latest together with a document on the processing of the claim; confirmation of the application of the claim does not need to be delivered if the buyer has the opportunity to demonstrate the application of the claim in another way.
- 8.14 On the basis of the buyer’s decision, which of its rights in accordance with section § 622 and sec. § 623 of the Civil Code is applied, the seller or a designated person is obliged to determine the method of handling the complaint according to section § 2 letter m) of the Act immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required no later than 30 days from the date of the start of the complaint procedure. After determining the method of handling the complaint, the seller or the designated person will handle the complaint immediately, in justified cases the complaint can also be handled later. However, the processing of the claim must not take longer than 30 days from the day the claim is applied. After the expiry of the deadline for processing the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods. The seller informs the buyer about the end of the complaint procedure and the result of the complaint in a form agreed between both parties. If the buyer has filed a complaint about the goods within the first 12 months from the conclusion of the purchase contract, the seller can handle the complaint by rejecting it only on the basis of an expert statement or an opinion issued by an authorized, notified or accredited person or the opinion of a designated person (hereinafter referred to as “expert assessment of the goods”). Regardless of the result of the expert assessment, the seller cannot demand from the buyer the payment of the costs of the expert assessment of the goods or other costs related to the expert assessment of the goods. If the buyer made a complaint about the product after 12 months from the conclusion of the purchase contract and the seller rejected it, the person who dealt with the complaint is obliged to indicate in the claim document to whom the buyer can send the goods for expert assessment. If the buyer sends the goods for expert assessment to the specified person specified in the claim document, the costs of the expert assessment of the goods, as well as all other related costs, are borne by the seller, regardless of the result of the expert assessment. If the buyer proves the seller’s responsibility for the claimed defect in the goods through a professional assessment, he can apply the claim again; the warranty period does not expire during the expert assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the renewed claim all costs incurred for the expert assessment of the goods, as well as all related costs incurred purposefully. A renewed claim cannot be rejected.
- 8.15 The buyer does not have the right to apply the warranty for defects of which he was informed by the seller at the time of concluding the contract, or which, taking into account the circumstances under which the purchase contract was concluded, he must have known.
- 8.16 The seller reserves the right to replace defective goods with other similar goods with comparable technical parameters.
- 8.17 The buyer’s right to claim the warranty with the seller expires:
- by not presenting proof of payment, delivery note or warranty note, accessories or product documentation,
- by not reporting obvious defects when taking over the goods,
- upon expiry of the goods’ warranty period,
- mechanical damage to the goods caused by the buyer,
- using the goods in conditions that do not correspond to the natural environment due to their humidity, chemical and mechanical effects,
- by unprofessional handling, service, or neglect of the care of the goods,
- damage to the goods due to excessive loading, or use contrary to the conditions specified in the documentation, general principles, technical standards or safety regulations valid in the Slovak Republic,
- damage to the goods due to unavoidable and/or unforeseeable events,
- damage to the goods by accidental damage and accidental deterioration,
- by unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other force majeure,
- by interfering with the goods of an unauthorized person.
- 8.18 The seller is obliged to handle the complaint and end the complaint procedure in one of the following ways:
- by handing over repaired goods,
- by exchanging goods,
- by returning the purchase price of the goods,
- by paying a reasonable discount on the price of the goods,
- by a written request for the seller to take over the specified performance,
- by justified refusal of warranty claim of the goods.
- 8.19 The seller is obliged to issue a written document to the buyer about the method of determining the method of processing the claim and the processing of the claim no later than 30 days from the day of the claim through the postal or courier or delivery service provider, or via e-mail.
- 8.20 The warranty period is 24 months from the date of conclusion of the purchase contract, unless a different warranty period is specified for specific cases, and runs from the date of receipt of the goods and confirmation of the necessary documents related to the goods by an authorized person.
- 8.21 The warranty period is extended by the time during which the buyer could not use the goods due to the warranty repair of the goods.
- 8.22 In case of exchange of goods for a new one, the buyer will receive a document on which the exchanged goods will be indicated, and any other claims are applied on the basis of the original delivery note and this claim document. In the case of exchanging the goods for a new one, the warranty period starts again from the receipt of the new goods, but only for the new goods.
- 8.23 All valid warranty repairs are free of charge.
- 8.24 As far as a removable defect is concerned, the claim will be processed depending on the buyer’s decision according to point 8.13. of these complaint and business conditions in the following way:
- the seller will ensure the removal of the defect, or
- the seller will replace the defective goods.
- 8.25 If it is a defect that cannot be removed, or one defect that have to be removed multiple times, or a larger number of different removable defects that prevent the goods from being properly used as without defects, the seller will, depending on the buyer’s decision, point 8.13. of these complaint and business conditions, a complaint in the following way:
- by exchanging goods for other functional goods with the same or better technical parameters, or
- in the event that the seller is unable to exchange the goods for another, he will handle the claim by issuing a credit note for the defective goods.
- 8.26 Complaint handling applies only to defects listed in the complaint application form.
- 8.27 For the purposes of the complaint, the occurrence of one removable defect more than three times is considered to be a repeatedly removable defect.
- 8.28 For the purposes of the complaint, the occurrence of more than three different removable defects at the same time is considered a greater number of different removable defects.
- 8.29 For the purposes of the complaint, the period during which the buyer cannot properly use the goods is the period during which, after the conclusion of the purchase contract, the buyer cannot use the goods due to defects in the goods for a total of more than 100 days.
- 8.30 The buyer’s right to claim a defect in the goods is after he has exercised his right and requested the seller to remove the defect in the goods according to point 8.8. of these complaint and business terms and conditions consumed, and regardless of the outcome of the complaint, he is no longer entitled to apply for a complaint repeatedly for the same unique defect (not a defect of the same type).
- 8.31 In the event that the seller terminates the complaint procedure as a justified rejection of the complaint, but the product defect objectively exists and has not been removed, the buyer can exercise his right to remove the product defect through the court.
9. Personal data and their protection
- 9.1 The seller is the controller of personal data according to § 5 letter o) Act no. 18/2018 Z. z. on the protection of personal data as amended (hereinafter referred to as the “Act“).
- 9.2 Personal data means all information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be directly or indirectly identified, in particular by reference to a certain identifier, for example name, identification number, location data, network identifier or by reference to one or more special elements of physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
- 9.3 The person responsible for personal data protection is the seller.
- 9.4 The seller processes personal data provided by the buyer as well as data obtained by the seller based on the fulfillment of the buyer’s order.
- 9.5 The legal reason for processing personal data is
- fulfillment of the contract between the buyer and the seller according to § 13 par. 1 letter b) of the Act,
- legitimate interest of the seller in the provision of direct marketing (especially the sending of business announcements and news, so-called newsletters) according to § 13 par. 1 letter a) of the Act,
- consent of the buyer to the processing of personal data for the purpose of providing own marketing (especially sending business announcements and news, so-called newsletters) according to § 13 par. 1 letter a) of the Act in the event that the goods were not ordered
- 9.6 The purpose of personal data processing is
- fulfillment of the buyer’s order and performance of rights and obligations arising from the contractual relationship between the buyer and the seller; when placing an order, personal data are required, which are necessary for the successful processing of the order (name, surname, addresses, contact information), the provision of personal data is a necessary requirement for the conclusion and fulfillment of the contract, without the provision of personal data it is not possible to conclude the contract or the seller to fulfill
- sending commercial announcements and performing other marketing activities
- 9.7 There is no automatic individual decision-making on the part of the seller in accordance with § 28 of the Act.
- 9.8 The seller stores personal data
- for the period necessary for the exercise of rights and obligations arising from the contractual relationship between the buyer and the seller and the application of claims from these contractual relationships (for a period of 10 years from the termination of the contractual relationship)
- for as long as the consent to the processing of personal data for marketing purposes is revoked, if these data are processed on the basis of the consent provided
- 9.9 After the personal data storage period has expired, the seller deletes the personal data.
- 9.10 Recipients of personal data are persons
- participating in the delivery of goods and the realization of payments based on the contract
- ensuring marketing services
- ensuring services related to the management of accounting documents for the purpose of fulfilling the legal obligation of the seller
- 9.11 The seller does not intend to transfer personal data to a third country (a country outside the European Union) or an international organization.
- 9.12 Under the conditions stipulated in the Act, the buyer has the following rights
- the right to access your personal data according to § 21 of the Act,
- the right to correct personal data according to § 22 of the Act, or to limit the processing of such data according to § 24 of the Act,
- the right to delete personal data according to § 23 of the Act (right to be forgotten),
- the right to object to processing according to § 27 of the Act,
- the right to transfer personal data to another operator according to § 26 of the Act,
- the right to withdraw consent to the processing of personal data in writing or electronically to the address or e-mail address of the seller specified in Article 1 of these terms and conditions.
- 9.13 The buyer also has the right to file a complaint with the Office for the Protection of Personal Data in the event that the buyer believes that his right to the protection of personal data has been violated.
- 9.14 The seller declares that he has taken all appropriate technical and organizational measures to secure personal data.
- 9.15 When sending an order on the seller’s website, the buyer confirms that he was familiar with the terms of personal data protection and that he accepts them in full.
- 9.16 The buyer expresses informed consent by marking (“checking”) the appropriate field for consent in the order form. By marking this field, the buyer confirms that he was familiar with the terms of personal data protection and that he accepts them in full.
- 9.17 The seller is entitled to change these conditions. It will publish the new version of the personal data protection conditions on its website and at the same time send the buyer a new version of these conditions to the e-mail address provided by the buyer to the seller.
10. Withdrawal from the purchase contract
- 10.1 The seller is entitled to withdraw from the purchase contract in the event that the stock is sold out, the goods are not available, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract has stopped production or made such serious changes that made it impossible to fulfill the seller’s obligations arising from the purchase contract or for reasons force majeure or if, even after making all the efforts that can be fairly required of him, he is unable to deliver the goods to the customer within the period determined by these terms and conditions or at the price stated in the online store. The seller is obliged to immediately inform the buyer about this fact and to return to him the already paid deposit for the goods agreed in the purchase contract within 14 days from the notification of withdrawal from the contract by transfer to the account designated by the buyer.
- 10.2 The buyer is entitled to withdraw from the purchase contract within 14 working days from the receipt of the goods according to Article 5 of these general terms and conditions without giving a reason in accordance with section § 12 par. 1 of Act no. 108/2000 Z. z. on consumer protection in door-to-door sales and mail order sales, as amended (hereinafter referred to as the “Consumer Protection in Mail Order Act”).
- 10.3 By sending the order to the seller, the buyer confirms that the seller has fulfilled his information obligations in a timely and proper manner according to section § 10 of the Act on Consumer Protection in Mail Order Sales.
- 10.4 Withdrawal from the contract must be made by the buyer in writing in the form of a completed form, the form of which will be determined by the seller and its model will be posted on the seller’s website.
- 10.5 Withdrawal from the purchase contract according to the preceding point of these general terms and conditions must contain the identification of the buyer, the number and date of the order, the exact specification of the goods, the way in which the seller should return the payment already received, especially the account number and/or postal address. At the same time as withdrawing from the purchase contract, the buyer is obliged to deliver the goods together with accessories, including documentation, instructions, warranty card, proof of payment, etc. and in original packaging in the form of an insured shipment.
- 10.6 In the event that the buyer withdraws from the contract and delivers goods to the seller that are not used, are in undamaged original packaging and are not damaged or incomplete, the seller will return to the buyer the already paid purchase price for the goods stated in the binding acceptance of the order or its part is within the deadline 14 days from the delivery of the withdrawal from the purchase contract and the delivery of the goods to the seller by cashless transfer to the buyer’s account designated by the buyer.
- 10.7 In the event that the buyer withdraws from the contract and delivers goods to the seller that are used and damaged or incomplete, the seller will return to the buyer the already paid purchase price for the goods stated in the binding acceptance of the order or its part reduced in accordance with section § 457 of the Civil Code on the value of its wear and tear in the amount of 1% of the total price of the goods for each day of use of the goods and on the value of repairing and restoring the goods to their original condition within 14 days from the delivery of the withdrawal from the purchase contract and the delivery of the goods to the seller by cashless transfer to the buyer’s account designated to the buyer.
- 10.8 In the case of a valid withdrawal from the contract, the seller will return the purchase price to the buyer, including the costs incurred by the buyer in connection with ordering the goods, if the buyer, together with the goods, submits to the seller written documents on the costs incurred by the buyer in connection with ordering the goods. The buyer bears the costs of returning the goods only if the goods did not fully meet the quality requirements and were defective at the same time. Goods of the same or similar characteristics as those listed in the offer of goods on the seller’s website are considered goods that fully meet the quality requirements.
- 10.9 The costs incurred by the buyer in connection with ordering the goods are considered to be the costs of making the order, in particular the price for making a telephone call, with which the buyer made a proposal to conclude a purchase contract, or the price for connecting the buyer to the seller’s website, during which the buyer filled out and sent form for ordering goods on the website or wrote and sent an e-mail with an order for goods within 30 minutes.
- 10.10 In the event that the buyer fails to fulfill any of the obligations specified in point 10.4. and 10.5. of these general terms and conditions, the withdrawal from the purchase contract is not valid and effective and the seller is not obliged to return the purchase price to the buyer and is also entitled to reimbursement of the costs associated with sending the goods back to the buyer.
11. Final provisions
- 11.1 The seller reserves the right to change these general terms and conditions. The obligation to notify in writing of changes in these general terms and conditions is fulfilled by placing them on the website of the seller’s electronic store.
- 11.2 If the purchase contract is concluded in written form, any change to it must be in written form.
- 11.3 In case of doubt, the contracting parties have agreed that the period of use is considered to be the period from the delivery of the goods to the buyer according to point 5.7. of these general terms and conditions until the day of delivery of the goods to the seller according to point 11.4. these general terms and conditions.
- 11.4 The contracting parties have agreed that communication between them will be carried out in the form of e-mail messages.
- 11.5 The relevant provisions of the Civil Code, Act, Act No. 22/2004 Z. z. on electronic commerce and on amendments to Act no. 128/2002 Z. z. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Z. z. as amended by the Act on Consumer Protection in Mail Order Sales apply to relationships not regulated by these general terms and conditions.
- 11.6 These general terms and conditions become effective against the buyer upon conclusion of the purchase contract.
- 11.7 By sending the order, the buyer confirms that he has read these general terms and conditions and agrees with them in their entirety.
These terms and conditions take effect on 25/05/2018.