General terms and conditions of the online store (e-shop): www.htmodel.sk
1. General provisions
These terms and conditions govern the rights and obligations of the contracting parties resulting from the purchase contract concluded between the merchant, which is Ing. Jozef Anďal - HT MODEL, with registered office at Na letisko 2714/49, 05801 Poprad, Slovak Republic., ID number: 17201772, registered in the Poprad District Office Trade Register Number: 706-6655, (hereinafter referred to as "trader") and the buyer, whose subject is the purchase and sale of goods on the merchant's e-commerce website.
Dealer contact details: Ing. Jozef Anďal - HT MODEL, with registered office at Na letisko 2714/49, 05801 Poprad, ID number: 17201772, registered in the Commercial Register of the Poprad District Office Trade Register Number: 706-6655 VAT number: SK1020727598 Operation: Na letisko 2714/49, 05801 PopradPhone: +421 52 7768212 E-mail: htmodel@htmodel.sk
Supervisory body: Slovak Trade Inspection (SOI) SOI Inspectorate for the Prešovsk Region Obrancov mieru 6, 080 01 Prešov 1 Department of Supervision and Legal Departmentpr@soi.sktel. no. 051/772 15 97, fax. no. 051/772 15 96http://www.soi.skhttp://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
1.1. These terms and conditions in the version valid on the day of the purchase contract are an integral part of the purchase contract. In the event that the merchant and the buyer enter into a written purchase contract in which they agree on terms deviating from these terms and conditions, the provisions of the purchase contract will take precedence over these terms and conditions. The conditions agreed in this way must not conflict with other legal regulations (shortening the deadline for returning goods, liability period for defects, etc.). All contractual relationships are concluded in accordance with the legal order of the Slovak Republic.
1.2. For the purposes of these terms and conditions, a supplementary contract means any contract for the delivery or provision of an additional product that is related to the subject of the contract concluded at a distance, regardless of whether the product is delivered or provided by the trader or another person based on an agreement with the trader.
1.3. The displayed purchase price for the goods on any e-commerce website operated by the merchant also includes value added tax in the amount determined by the applicable legislation of the Slovak Republic and does not include the price for transporting the goods or other optional services. All promotions are valid while supplies last, unless otherwise stated for a specific item.
1.4. The merchant reserves the right to modify the price of goods listed on any e-commerce website operated by the merchant at any time. The change in the price of the goods does not apply to purchase 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 trader does not comply with his obligations set out in the applicable legislation of the Slovak Republic or the European Union or in these terms and conditions, the buyer can exercise his right against the trader through the relevant court.
2. Method of concluding the purchase contract
2.1. The buyer sends the proposal for the conclusion of the purchase contract to the merchant in the form of a completed and sent form on the website of the merchant, to whom he sent the proposal for the conclusion of the purchase contract, the subject of which is the transfer of the ownership right to the goods marked by the buyer for 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 of order acceptance into the merchant's electronic system (hereinafter referred to as "confirmation of order delivery") to his e-mail address. If necessary, all additional information regarding the buyer's order can be sent to the buyer's e-mail address.
2.3. The delivery confirmation contains information that the order has been delivered to the merchant, but it is not an acceptance of the proposal to conclude a purchase contract.
2.4. The merchant 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"). Acceptance of the order contains information on the name and specification of the goods, the sale of which is the subject of the purchase contract, further data on the price of the goods and/or other services, information on the estimated delivery time of the goods, the name and data on the place where the goods are to be delivered and data on the possible the price, conditions, method and date of transportation of the goods to the agreed place of delivery of the goods for the buyer, information about the merchant (business name, registered office, ID number, registration number in the commercial register, etc.), possibly other necessary information.
2.5. The purchase contract is concluded by delivery of the order acceptance in electronic or written form to the buyer. 2.6. Before sending the order, the trader informed the buyer in a clear, unambiguous, understandable and unmistakable way about pre-contractual information regarding payment, business, transport and other conditions by:
a) informed about the main features of the product to the extent appropriate to the used means of communication and the product on the relevant catalog page of the merchant's e-commerce,
b) informed about the business name and registered office of the trader or the person on whose behalf the trader does business on the relevant sub-page of the trader's e-commerce and in Art. 1 of these terms and conditions, which are located on the relevant sub-page of the trader's e-commerce,
c) informed the merchant's telephone number, the merchant's e-mail address and other means of online communication between the buyer and the merchant on the relevant subpage of the merchant's e-commerce and in Art. 1 of these terms and conditions, which are located on the relevant sub-page of the trader's e-commerce,
d) on the address of the merchant or the person acting on behalf of the merchant, where the buyer can exercise rights from liability for defects in goods or services, withdrawal from the contract, submit a request for rectification or other initiative informed in art. 1 of these terms and conditions, which are located on the relevant sub-page of the trader's e-commerce,
e) on 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 way in which it is calculated, as well as the costs of transport, delivery, postage and other costs and fees, or, if these costs and fees cannot be determined in advance, the fact that the buyer will be obliged to pay them is informed on the relevant catalog page of the merchant's e-commerce,
f) the terms of payment, terms of delivery, the period by which the merchant undertakes to deliver goods or provide a service are reported in the relevant articles of these terms and conditions, which are located on the relevant subpage of the merchant's e-commerce,
g) about the existence and duration of the trader's legal responsibility for defects in goods, digital content and digital services and the availability of a consumer guarantee, if the trader or manufacturer provides it, and about the procedures for applying and dealing with liability for defects, complaints and suggestions of the buyer in the relevant articles of these terms and conditions , which are located on the relevant subpage of the merchant's e-commerce,
h) informed about the existence and duration of liability for service defects and the procedure for exercising rights from liability for service defects in the relevant articles of these terms and conditions, which are located on the relevant subpage of the trader's e-commerce,
i) on the conditions of after-sales service in the relevant articles of these business terms and conditions, which are located on the relevant sub-page of the trader's e-commerce,
j) about the compatibility and interoperability of things with digital elements, digital content and digital services of which the trader knows or it is reasonable to expect that he knows about them, he informed the buyer for individual products on the relevant catalog page of the trader's e-commerce,
k) on the consumer's right to submit a request for rectification to the merchant, indicating a special link to the website where information about the relevant alternative dispute resolution entity is published, informed in art. 11 of these terms and conditions, which are located on the relevant sub-page of the trader's e-commerce,
l) the buyer's right to withdraw from the purchase contract, the conditions, period and procedure for exercising the right to withdraw from the contract were informed in Art. 10 of these terms and conditions, which are located on the relevant subpage of the trader's e-commerce,
m) on the provision of a form for withdrawing from the purchase contract informed in art. 10 and in the annex to these terms and conditions, which are located on the relevant subpage of the merchant's electronic business; At the same time, the trader provided the form for withdrawing from the purchase contract in the annex to these terms and conditions, which are located on the relevant subpage of the trader's e-commerce
n) on the information that if the buyer withdraws from the purchase contract, he will bear the costs associated with returning the goods to the trader according to § 21 par. 3 of Act 108/2024 Coll. on consumer protection and on the amendment of certain laws (hereinafter referred to as "the Law") and if he withdraws from the purchase contract, the costs of returning the goods, which due to their nature cannot be returned by post, informed in art. 10 of these terms and conditions, which are located on the relevant subpage of the merchant's e-commerce,
o) on the buyer's obligation to pay the merchant the price for the actually provided performance according to § 21 par. 5 of the Act, if the buyer withdraws from the service contract after having given the merchant express consent pursuant to § 17 par. 10 letters c). The law was informed in art. 10 of these terms and conditions, which are located on the relevant subpage of the merchant's e-commerce,
p) about the circumstances under which the buyer loses the right to withdraw from the contract informed in art. 10 of these terms and conditions, which are located on the relevant subpage of the trader's e-commerce,
q) informed about the existence of relevant codes of conduct, which the trader has undertaken to comply with, and about the way in which the buyer can become familiar with them or obtain their wording on the relevant catalog page of the trader's e-commerce,
r) on 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 in which its validity is automatically extended, information on the terms of termination of the contract is also provided on the relevant catalog page of the trader's e-commerce and in these terms and conditions, which are located on the relevant sub-page of the trader's e-commerce ,
s) 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, he has informed on the relevant catalog page of the trader's e-commerce and in these terms and conditions, which are located on the relevant sub-page of the trader's e-commerce,
t) about the buyer's obligation to pay an advance or provide other financial security at the request of the trader and about the conditions that apply to its provision, if such an obligation results from the purchase contract for the buyer, he informed on the relevant catalog page of the trader's e-commerce and in these terms and conditions, which are placed on the relevant subpage of the trader's e-commerce,
u) informed about the functionality of the thing with digital elements, digital content and digital service, including available technical protection measures, on the relevant catalog page of the trader's e-commerce and in these terms and conditions, which are located on the relevant sub-page of the trader's e-commerce,
v) about the possibility and conditions of settling a dispute out of court through the system of alternative dispute resolution, if the trader has committed to using this system, he informed on the relevant catalog page of the trader's e-commerce and in these terms and conditions, which are located on the relevant sub-page of the trader's e-commerce, w) about actions necessary to conclude a purchase contract by describing these necessary actions in these terms and conditions, which are located on the relevant subpage of the merchant's e-commerce,
x) 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 merchant's electronic store and in these terms and conditions, which are located on the relevant subpage of the merchant's electronic store,
y) informed that the language offered for concluding the contract is Slovak on the relevant catalog page of the trader's e-commerce and in these terms and conditions, which are located on the relevant sub-page of the trader's e-commerce. 2.7. If the trader has not fulfilled the information obligation on the payment of additional fees or other costs according to point 2.6. letter e) of these terms and conditions or the costs of returning the goods according to point 2.6. letter n) of these terms and conditions, the buyer is not obliged to pay these additional costs or fees.
3. Rights and obligations of the trader
3.1. The trader is obliged to:
a) based on the order confirmed by acceptance, deliver the goods to the buyer in the agreed quantity, quality and time and pack them or equip 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 at the latest together with the delivery of the goods, provide the buyer with a confirmation of the conclusion of the purchase contract on a durable medium, for example via e-mail. The confirmation must contain all the information mentioned in point 2.6. including the form for withdrawing from the purchase contract.
d) hand over to the buyer together with the goods in written or electronic form at the latest all the documents necessary for taking over and using the goods and other documents prescribed by the valid legal regulations of the Slovak Republic (instructions in the Slovak language, warranty card, delivery note, tax document).
3.2. The merchant has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
3.3. If, due to sold-out stocks or unavailability of goods, the trader is unable to deliver the goods to the buyer within the period agreed in the purchase contract or determined by these terms and conditions, the trader is obliged to offer the buyer alternative performance or the possibility for the buyer to withdraw from the purchase contract, or cancel the order. If the buyer does not accept the alternative payment offered by the merchant within a reasonable period of time or withdraw from the purchase contract, the merchant is entitled to withdraw from the purchase contract, and if the buyer has already paid the purchase price or part of it, the merchant is obliged to return the already paid purchase price or part of it within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.
4. Rights and obligations of the buyer
4.1. The buyer was informed by the merchant that part of the order is the obligation to pay the price.
4.2. The buyer is obliged to:
a) take over the ordered and delivered goods,
b) pay the merchant the agreed purchase price within the agreed due date, including the costs of delivering the goods,
c) confirm 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 deliver the goods in the quantity, quality, date and place agreed by the contracting parties.
5. Delivery and payment conditions
5.1. The usual availability of goods with the date of their dispatch is indicated for each item on the website of the electronic store.
5.2. Unless the merchant and the buyer have agreed otherwise in the purchase contract, the merchant is obliged to deliver the goods to the buyer without delay, no later than 30 days from the date of conclusion of the purchase contract. If the trader has not fulfilled his obligation to deliver the goods within the period according to the first sentence, the buyer will invite him to deliver the goods within the additional reasonable period provided by him. If the trader does not deliver the goods even within this additional reasonable period, the buyer is entitled to withdraw from the contract.
5.3. The trader is entitled to invite the buyer to take over the goods even before the expiry of the deadline for the delivery of the goods agreed in the purchase contract.
5.4. The color display of the goods on the monitor may not exactly correspond to the real color shades as the buyer will perceive them in reality. The display of color shades depends, among other things, on the quality of the display monitor, or other used display device.
5.5. The buyer is obliged to take delivery of the goods at the place that is the merchant or his representative, authorized to deliver the goods and the buyer agreed in the purchase contract or in another way at the time before the delivery of the goods (hereinafter referred to as the "Place"). The buyer is obliged to take over the goods within the time period agreed by the merchant or his representative, authorized to deliver the goods, and the buyer in the purchase contract or in another way before the delivery of the goods (hereinafter referred to as the "Time Range").
5.6. In the event that the merchant delivers the goods to the buyer at 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 a person whom he authorizes in case of his absence to take over the goods and to sign a protocol on the payment of the purchase price and the delivery and handover of the goods. The third party authorized to take over the goods is obliged to submit a copy of the acceptance of the order to the merchant. The goods are considered delivered and accepted 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 Location, their acceptance by the buyer or a third party 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 party 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 Place and in the Time Range, or in the event that the buyer, without prior written withdrawal from the purchase contract, does not take over the goods within 7 days after the futile expiration of the Time Range, the trader is entitled to claim compensation for the incurred damage in the amount the actual costs of an attempt to unsuccessfully deliver the goods to the Site.
5.8. The purchase contract is concluded with a severance clause stating that if the buyer does not pay the merchant the agreed purchase price in accordance with point 4.2 of these terms and conditions within 15 days from the merchant's invitation to take over the goods, the contract is canceled from the beginning, the contracting parties will return or replace all received performance and the merchant acquires the right to freely dispose of the ordered goods.
5.9. The buyer is entitled to check the shipment, i.e. the goods as well as their packaging, immediately after delivery in the presence of the merchant's representative. In case of detection of the existence of a defect in the goods and/or in case the shipment is not complete (a lower number of goods, or the ordered goods are missing), the representative of the trader is obliged, at the buyer's request, to draw up a Record of Damage indicating the extent and nature of the defect in the goods, the correctness of which will be confirmed the buyer. On the basis of the written record delivered to the trader, the buyer can then refuse to accept the delivered goods with a defect or confirm the delivery of the goods with a defect, and subsequently in accordance with Art. 8 of these terms and conditions to apply liability for product defects to the merchant or to another person about whom the merchant informed the buyer before concluding the contract or sending the order (hereinafter referred to as the "designated person"). In the event that the buyer refuses to take over the delivered goods with a defect, all costs incurred for returning the goods to the merchant shall be borne by the merchant.
5.10. The buyer is entitled in the event of non-delivery of the goods by the merchant within the period specified in point 5.2. of these terms and conditions to withdraw from the purchase contract, and the merchant is obliged to return to the buyer the already paid part of the purchase price without unnecessary delay, but no later than within 14 days from the delivery of the withdrawal from the purchase contract in the same way that the buyer used for his payment, unless he agrees with the buyer on another method returns without additional fees being charged to the buyer.
6. Purchase price
6.1. The purchase price for the goods agreed in the sales contract between the merchant and the buyer is stated in the order acceptance (hereinafter referred to as the "purchase price"). If the purchase price indicated in the confirmation of delivery of the order is higher than the price for identical goods indicated in the e-commerce offer at the time the order is sent by the buyer, the merchant 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 merchant's proposal for closing of the new purchase contract, which must be explicitly confirmed by the buyer 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 merchant the purchase price, including the costs of delivery of the goods in cash, or by payment card when taking over the goods in person, cash on delivery at the place of delivery of the goods or by non-cash transfer to the trader's account, indicated in the order acceptance or on the trader's website at the time before taking over the goods.
6.3. If the buyer pays the purchase price to the merchant by non-cash transfer, the date of payment is considered the day when the entire purchase price was credited to the merchant's account.
6.4. The buyer is obliged to pay the merchant 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 does not pay the merchant the entire purchase price by the time the goods are delivered to the Site and the contracting parties have not agreed to pay the purchase price for the goods in installments, the merchant is entitled to refuse 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 trader is not obliged to provide these services to the buyer.
7. Acquisition of ownership and passing of the risk of damage to the goods
7.1. Upon receipt of the goods at the agreed place, ownership of the goods passes to the buyer. A buyer who does not meet the definition of a consumer specified in section § 52 par. 4 of the Civil Code, the ownership right to the goods is acquired only after 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 the buyer or a third person authorized by the buyer takes over the goods from the trader or his representative, authorized to deliver the goods, or when he does not do so in time, then at the time when the trader allows the buyer to handle the goods and the buyer will not take over.
8. Liability for defects
8.1. The merchant is responsible for any defect that the sold goods have at the time of their delivery and which manifests itself within two years of the delivery of the goods. In the case of used goods, the contracting parties can agree on a shorter period of responsibility of the trader for defects, but not shorter than one year from the delivery of the goods. If the defect becomes apparent before this time has passed, it is assumed that it is a defect that the goods already had at the time of delivery. This does not apply if the opposite is proven or if this assumption is incompatible with the nature of the goods or defect.
8.2. If the subject of the purchase is a thing with digital elements, in which digital content is to be supplied or a digital service is to be provided continuously during the agreed period, the trader is responsible for any defect that occurs or manifests itself during the entire agreed period, but for at least two years from the delivery of the thing with digital elements.
8.3. If the merchant is responsible for a defect in the goods sold, the buyer has the right to eliminate the defect by repair or replacement (§ 623 of the Civil Code), the right to an appropriate discount from the purchase price or the right to withdraw from the purchase contract (§ 624 of the Civil Code).
8.4. The buyer can exercise rights from liability for defects only if he pointed out the defect within two months from the discovery of the defect, but no later than the expiration of the trader's liability for defects.
8.5. The merchant or designated person shall provide the buyer with a written confirmation of the defect immediately after the defect has been pointed out by the buyer. In the confirmation of the complaint of the defect, the merchant will state the deadline in which the defect will be removed. This period may not be longer than 30 days from the day the defect was pointed out, unless the longer period is justified by an objective reason beyond the trader's control.
8.6. The trader or a designated person will issue a confirmation to the buyer about the defect in the goods in a suitable form chosen by the trader, e.g. in the form of an e-mail or in writing, in which he is obliged to accurately mark the alleged defects of the goods and once again instruct the buyer about his rights, which arise from sec. § 623 and § 624 of the Civil Code.
8.7. The buyer has the right to choose to remove the defect by replacing the goods or repairing the goods. The buyer cannot choose a method of removing the defect that is not possible, or which, compared to the second method of removing the defect, would cause the merchant disproportionate costs, taking into account all the circumstances.
8.8. If it is a defect that can be removed, the buyer can request its removal free of charge. The merchant will remove the defect within a reasonable period of time. A reasonable period is understood as the shortest time the merchant needs to assess the defect and to repair or replace the goods, taking into account the nature of the goods and the nature and severity of the defect.
8.9. The trader can refuse to remove the defect if repair or replacement is not possible, or if, taking into account all the circumstances, they would require disproportionate costs.
8.10. For the purpose of repair or replacement, the buyer hands over or makes available the goods to the merchant or a person designated by him.
8.11. The merchant will deliver the repaired goods or replacement goods to the buyer at his own expense in the same or similar way in which the buyer delivered the defective goods, unless the contracting parties agree otherwise. If the buyer does not take over the goods within six months from the day he was supposed to take them over, the trader can sell the goods. If the goods are of greater value, the merchant will notify the buyer in advance of the intended sale and give him a reasonable additional period to take over the goods.
8.12. Immediately after the sale, the trader will pay the buyer the proceeds from the sale of the goods, after deducting the costs he purposefully spent on their storage and sale, if the buyer exercises the right to a share of the proceeds within a reasonable period specified by the trader in the notification of the intended sale of the goods.
8.13. If the merchant refuses responsibility for defects, he will notify the buyer in writing of the reasons for the refusal. If the buyer proves the trader's responsibility for a defect through an expert opinion or expert opinion issued by an accredited person, an authorized person or a notified person, he can point out the defect repeatedly and the trader cannot refuse responsibility for the defect.
8.14. The buyer has the right against the merchant to compensate for purposefully incurred costs incurred by him in connection with pointing out a defect for which the merchant is responsible and exercising rights from liability for the defect. The buyer must exercise his right with the merchant no later than two months after the delivery of the repaired or replacement goods, the payment of the price discount or the return of the price after withdrawal from the contract, otherwise the right will expire.
8.15. The buyer has the right to a reasonable discount from the purchase price, or can withdraw from the purchase contract even without providing an additional reasonable period of time, if the merchant did not repair or replace the goods, or the merchant refused to remove the defect based on point 8.9, or the goods have the same defect despite the repair or replacement of the goods , or the defect is of such a serious nature that it justifies an immediate discount from the purchase price, or withdrawal from the contract, or the merchant declared, or it is clear from the circumstances that he will not remove the defect within a reasonable period of time or without causing serious difficulties for the buyer.
8.16. If the contract concerns the purchase of several goods, the buyer may withdraw from it only in relation to defective goods. In relation to other goods, he can withdraw from the contract only if it cannot reasonably be expected that he will be interested in keeping the other goods without defective goods.
8.17. The buyer cannot withdraw from the purchase contract according to point 8.15, if the buyer participated in the occurrence of the defect, or if the defect is negligible.
8.18. After the buyer withdraws from the contract and returns the goods to the seller, the seller will return the purchase price to the buyer within 14 days of the return of the goods or after proving that the buyer has sent the goods to the seller, whichever occurs first. The merchant will return the purchase price or pay the discount to the buyer in the same way that the buyer used to pay the purchase price, unless the buyer expressly agrees to a different payment method.
8.19. Handling liability for defects is covered by Art. 8 of these terms and conditions. The buyer was duly familiarized and informed about the conditions and method of applying responsibility for product defects, including information on where responsibility for defects can be applied by placing these terms and conditions on the relevant subpage of the merchant's e-commerce and the buyer had the opportunity to read them before sending the order to read.
8.20. Liability for defects applies to goods purchased by the buyer from the merchant via e-commerce on the merchant's e-commerce website.
8.21. If the goods show defects, the buyer has the right to claim responsibility for the defects at the merchant's establishment or at the designated person by delivering the goods to the merchant's establishment or the designated person's establishment and delivering to the merchant or to the designated person, the buyer's expression of will to exercise his right (hereinafter referred to as the "Notification of Defect"), e.g. in the form of a completed form for claiming liability for defects, which is located on the relevant subpage of the merchant's e-commerce. The merchant recommends insuring the goods when they are sent. Cash on delivery shipments are not accepted by the merchant or designated person. The buyer is obliged to truthfully state all the required information in the Notice of Defect, in particular to indicate exactly the type and extent of the defect in the goods; the buyer will also indicate which of his rights arising from paragraph § 623 of the Civil Code applies. The list of designated persons is provided on the relevant subpage of the e-commerce or the merchant will send it to the buyer at his request.
8.22. Proceedings related to liability for defects in goods that can be delivered to the merchant begin on the day when all the following conditions are cumulatively met: a) delivery of the Notice of defect in the goods to the merchant or designated person, b) delivery of goods from the buyer to the merchant or designated person, c) delivery of access codes, passwords, etc. to the goods to the merchant or designated person, if these data are necessary to identify the defect in the goods and repair the goods;
8.23. If the object of the defect complaint is goods that cannot objectively be delivered to the merchant or that are firmly embedded, the buyer is, in addition to fulfilling the conditions according to points 8.22 letter a) and c) of these terms and conditions must provide all necessary cooperation for the inspection of the goods by the merchant or a third party designated by the merchant. Proceedings regarding goods that cannot objectively be delivered to the merchant or that are firmly embedded begin on the day when the goods were inspected according to the first sentence. However, if the merchant or a third party appointed by him, despite the necessary cooperation provided by the buyer, does not ensure that the inspection is carried out within a reasonable period of time, but no later than within 10 days from the delivery of the Notice of Defect to the merchant, the proceedings begin on the date of delivery of the Notice to the merchant.
8.24. When removing the defect, the trader will ensure the removal of the goods and the installation of repaired goods or replacement goods, if replacement or repair of the goods requires it.
8.25. The trader is responsible for a defect that was caused by incorrect assembly or installation of goods, digital content or digital service in accordance with § 619 par. 4 of the Civil Code.
8.26. The buyer is entitled to decide which of his rights in accordance with section § 623 of the Civil Code applies and at the same time is obliged to immediately deliver information about his decision to the merchant, or authorized person. On the basis of the buyer's decision, which of its rights in accordance with section § 623 of the Civil Code is applied by a trader or a designated person who is obliged to determine the method of handling the claim of liability for defects.
8.27. Liability does not apply to defects based on which the buyer and the merchant agreed on a reduced price at the time of concluding the contract and which, taking this circumstance into account, the buyer had to know about.
8.28. The merchant is not responsible for product defects:
a) if the buyer did not exercise his right regarding the merchant's liability for a defect in the goods before the expiration of the merchant's liability for the defects in the goods,
b) if the defect of the goods is mechanical damage to the goods caused by the buyer,
c) if the defect of the goods was caused by the use of the goods in conditions that do not correspond in terms of intensity, humidity, chemical and mechanical effects to the natural environment of the goods,
d) if the defect of the goods was caused by unprofessional handling, service, or neglect of the care of the goods, e) if the defect of the goods was caused by damage to the goods by excessive loading or use contrary to the conditions stated in the documentation or the general principles of usual use of the goods,
f) if the defect in the goods was caused by damage to the goods by unavoidable and/or unforeseeable events,
g) if the defect of the goods was caused by damage to the goods by accidental destruction and accidental deterioration,
h) if the defect in the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure,
i) if the defect in the goods was caused by an unauthorized person tampering with the goods.
If the shipment is not complete, or if it is an obvious defect that the buyer could have detected by inspecting the shipment upon delivery of the goods and which he did not notify the merchant's representative in accordance with point 5.9. of these terms and conditions, a later claim of a defect of this type will only be recognized if the buyer proves that the goods already had the claimed defects at the time of their acceptance by the buyer.
8.29. The merchant will inform the buyer about the result of the claim of liability for defects immediately after the end of the procedure by phone or e-mail, and at the same time he will be given, together with the goods, or a document on equipment disclaimer of responsibility for defects delivered via e-mail.
8.30. Sent sports nutrition goods, food in gift baskets and animal feed have a minimum shelf life of more than 2 months before the expiry date, in the case of a shorter expiry date, the merchant contacts the buyer by phone or e-mail and the shipment is sent only with the buyer's consent.
8.31. In case of exchange of goods for a new one, the buyer will receive a document on which information about the exchange of goods will be given, and any other claims of responsibility for defects are applied on the basis of the purchase contract and this 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.
8.32. The handling of claimed responsibility for defects applies only to defects listed in the Notice of Defect and in the Confirmation of Defect of the Goods according to point 8.6. these terms and conditions.
8.33. The buyer's right to claim responsibility for product defects is exhausted after he has exercised his right and requested the seller to remove the product defect according to point 8.2 of these terms and conditions, and regardless of the outcome of the procedure for liability for defects, the same unique defect (not defects of the same type) without submitting an expert opinion or expert opinion issued by an accredited, authorized or notified person, rejected. 8.34. The provisions of Art. 8 of these terms and conditions expressly do not apply to entities that do not meet the definition of consumer specified in section § 52 par. 4 of the Civil Code.
9. Personal data and their protection
9.1. The parties to the contract have agreed that, for the purpose of proper processing and delivery of the order, if the buyer is a natural person, he is obliged to inform the merchant in the order of his first and last name, address of permanent residence including zip code, telephone number and e-mail address.
9.2. The parties to the contract have agreed that, for the purpose of proper processing and delivery of the order, if the buyer is a legal entity, he is obliged to notify the merchant in the order of his business name, registered office address, including zip code, social security number, VAT number (if assigned), telephone number and email address.
9.3. A buyer who has registered in the online store can check and change the provided personal data at any time, as well as cancel his registration after logging in to the e-commerce website in the "My Account" section.
9.4. The merchant hereby informs the buyer that pursuant to Art. 6 paragraph 1 letter b) Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation), ( hereinafter referred to as the "Regulation"), the trader as the operator of the information system will process the buyer's personal data in the process of concluding the purchase contract without his consent as the person concerned, since the processing of the buyer's personal data will be carried out by the trader within the framework of pre-contractual relations with the buyer and the processing of the buyer's personal data is necessary for performance from the purchase contract, in which the buyer is one of the contracting parties.
9.5. Pursuant to Art. 6 par. 1 letter f) Regulations can be issued by the merchant after delivery of the ordered goods, or services to the buyer, on the basis of a legitimate interest to process the buyer's personal data for direct marketing purposes and to send to the buyer's e-mail address information about new products, discounts and promotions on the offered goods, or services.
9.6. The merchant undertakes to handle and dispose of the buyer's personal data in accordance with the applicable legal regulations of the Slovak Republic.
9.7. The merchant declares that in accordance with Art. 5 paragraph 1 letter a) and letter b) Regulations, will acquire the buyer's personal data exclusively for the purpose specified in these terms and conditions.
9.8. The trader declares that for purposes other than those stated in these terms and conditions, he will always obtain the buyer's personal data separately on an adequate legal basis and at the same time ensure that these personal data will be processed and used exclusively in a manner that corresponds to the purpose for which they were collected and will not associate them with personal data that was obtained for another purpose or for the purpose of fulfilling the purchase contract.
9.9. Before sending the order, the buyer will be asked to confirm by ticking the box before sending the order that the trader has communicated to him in a sufficient, understandable and unmistakable way: a) his identification data, which are listed in Art. 1. of these terms and conditions proving the identity of the merchant, b) contact details of the merchant, or responsible person of the trader, c) the purpose of processing personal data, which is the conclusion of a purchase contract between the trader and the buyer, and the legal basis for the processing of personal data, d) that the buyer is obliged to provide the required personal data for the purpose of concluding a purchase contract and proper equipment and delivery of the order, e) if the processing is based on Art. 6 paragraph 1 letter f) Regulations that the legitimate interest pursued by the merchant is direct marketing, f) identification data of the third party, which is the company that will deliver the ordered goods to the buyer, or identification data of other recipients or categories of recipients of personal data, if they exist, g) period of storage of personal data, or criteria for its determination,
9.10. The merchant declares that he will process personal data in accordance with good morals and will act in a manner that does not contradict the Regulation or other generally binding legal regulations, nor will he circumvent them.
9.11. In accordance with the Regulation, the trader provides the following information to the buyer whose data he processes:
a) the identity and contact details of the trader and, in relevant cases, the representative of the trader,
b) contact details of any responsible person,
c) processing purposes for which personal data are intended, as well as the legal basis of processing,
d) if the processing is based on Art. 6 par. 1 letter f), legitimate interests pursued by the merchant or a third party,
e) range of recipients, or categories of recipients of personal data, if they exist,
f) in relevant cases, information that the merchant intends to transfer personal data to a third country or international organization,
g) the period of storage of personal data, or criteria for its determination,
h) information on the existence of the right to request from the trader access to his personal data and the right to their correction or deletion or restriction of processing or the right to object to processing as well as the right to data portability,
i) the right to file a complaint with the supervisory authority,
j) information on whether the provision of personal data is a legal or contractual requirement, or a requirement that is necessary to conclude a contract, whether the buyer is obliged to provide personal data, as well as the possible consequences of not providing such data,
k) the existence of automated decision-making, including profiling; the buyer has the right to obtain from the trader a copy of the personal data that is being processed and also has the right to obtain all the above-mentioned information. For any additional copies requested by the buyer, the merchant may charge a fee corresponding to the administrative costs of making a copy.
9.12. If the buyer exercises his right according to point 9.11 in writing or electronically and the content of his request shows that he is exercising his right according to point 9.11, the request is considered to have been submitted according to this Regulation.
9.13. The buyer has the right to object to the merchant's processing of his personal data, which he assumes are or will be processed for the purposes of direct marketing, including profiling to the extent that it is related to such direct marketing. If the buyer objects to such processing, the trader will stop processing personal data for direct marketing purposes from the day such objection is delivered to the trader, and the personal data of the affected buyer may no longer be and will not be processed for such purposes.
9.14. If the buyer suspects that his personal data is being processed without authorization, he can file a complaint with the Personal Data Protection Office of the Slovak Republic. If the buyer does not have full legal capacity, his rights can be exercised by a legal representative.
9.15. The trader will take appropriate measures in order to provide the buyer with all the information mentioned in point 9.11 in a concise, transparent, comprehensible and easily accessible form, clearly and simply formulated. The merchant will provide information electronically or in accordance with the Regulation by other means agreed with the buyer.
9.16. Information on the measures taken at the buyer's request shall be provided by the trader to the buyer without undue delay, in any case within one month of the receipt of the request.
9.17. The trader hereby informs the buyer that due to the performance of the concluded contract, when processing the buyer's personal data, it is assumed that the buyer's personal data will be provided and made available to the following third parties, respectively. range of beneficiaries:
Direct Parcel Distribution SK, s.r.o., identification number 35 834 498, with registered office Pri letisku 5, 821 04 Bratislava (hereinafter referred to as DPD), in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert number: 26367/B
GLS General Logistics Systems Slovakia s.r.o., registered office: 1039 Budča 962 33, ID number: 36 624 942, registered in the Commercial Register of the District Court of Banská Bystrica, section: Sro, insert no. 9084/S
Slovenská pošta, a.s., with registered office Partizánska cesta 9, 975 99 Banská Bystrica, ID number: 36631124, registered in the Commercial Register of the District Court of Banská Bystrica, Section Sa, Insert No. 803/S
Packeta Slovakia s. r. o., with registered office Kopčianska 3338/82A, 851 01 Bratislava - Petržalka district, Slovak Republic, ID number: 48 136 999, registered in the Commercial Register of the Municipal Court Bratislava III, section Sro, insert no. 105158/B
10. Withdrawal from the purchase contract
10.1. If the merchant cannot fulfill his obligations arising from the purchase contract due to the stock being sold out, the unavailability of the goods, 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 merchant's obligations arising from the purchase contract, or for reasons of 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 buyer within the period determined by these terms and conditions, the trader is obliged to inform the buyer of this fact without delay and is also obliged to offer the buyer an alternative performance or option for the buyer to withdraw from the purchase contract, or cancel the order if the purchase contract has not yet been concluded. The buyer can cancel the order by phone or by e-mail. If the buyer does not accept the alternative payment offered by the merchant within a reasonable period of time or withdraw from the purchase contract, the merchant is entitled to withdraw from the purchase contract, and if the buyer has already paid the purchase price or part of it, the merchant is obliged to return the already paid purchase price or part of it within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer. If, for the above-mentioned reasons, the trader is unable to deliver the goods to the buyer at the price specified in the order and notifies the buyer of this fact before the binding acceptance of the order, the trader is not obliged to accept the buyer's proposal to conclude a purchase contract. In the event that the buyer withdraws from the purchase contract, or cancels the order for the reasons stated in this point of these terms and conditions, the trader is obliged to return to the buyer the already paid deposit for the goods agreed in the purchase contract without unnecessary delay, but no later than within 14 days from the date of delivery of the notice of withdrawal from the contract in the same way as the buyer used in his payment, unless the buyer agrees on another method of return without additional fees being charged to the buyer.
10.2. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with sec. § 19 et seq. of the Act within 14 days from the receipt of the goods, or from the date of conclusion of the contract for the provision of services or the contract for the supply of digital content, which the trader supplies other than on a physical medium, if the trader has timely and properly fulfilled the information obligations according to section § 15 of the Act.
10.3. Within this period, the buyer has the right to unpack and test the goods in a similar way as is usual when buying in a classic "brick and mortar" store, to the extent necessary to determine the nature, properties and functionality of the goods.
10.4. The period for withdrawing from the contract 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 saa) the goods ordered by the buyer in one order are delivered separately, from the day of taking over the goods that were delivered last, b) delivers goods consisting of several parts or pieces, from the date of acceptance of the last part or last piece, c) on the basis of the contract, delivers the goods repeatedly during a defined period, from the day of acceptance of the first delivered goods.
10.5. The buyer can withdraw from the purchase contract, the subject of which is the purchase of goods, even before the expiry of the withdrawal period.
10.6. The buyer can exercise the right to withdraw from the contract concluded at a distance in written form or in the form of a record on another durable medium. The buyer can use the sample form for withdrawing from the contract, which forms attachment no. 1 of these terms and conditions.
10.7. Withdrawal from the purchase contract according to the preceding clause of these terms and conditions must contain information on the basis of which the merchant can clearly and without any doubts identify the order and the product that the customer wants to return. Such are e.g. also the information required in the model form for withdrawing from the purchase contract, which forms attachment no. 1 of these terms and conditions: identification of the buyer, date or order number, name and specification of goods. We recommend also indicating the preferred method for the merchant to return the payment already received, especially the account number and/or postal address of the buyer.
10.8. The trader is obliged to provide the buyer with a confirmation of its delivery on a durable medium immediately after delivery of the notice of withdrawal from the contract, if the buyer has withdrawn from the contract using a special function or form for withdrawal from the contract, which are available in the trader's online interface.
10.9. If the buyer withdraws from the purchase contract, any additional contract related to the purchase contract from which the buyer withdrew is also canceled from the beginning. This does not apply if the contracting parties expressly agree on a further duration of the supplementary contract. It is not possible to demand any costs or other payments from the buyer in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in section § 21 par. 3 and 5, and in par. § 22 par. 3 of the Act 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.
10.10. The buyer is obliged to send the goods back to the address of the operator's registered office or hand them over to the merchant or a person authorized by the merchant to receive the goods without undue delay, but no later than within 14 days from the date of withdrawal from the purchase contract. This does not apply if the trader has suggested that he collects the goods personally or through a person authorized by him. The deadline according to the first sentence of this clause of these terms and conditions is considered to have been met if the goods were handed over for transport no later than the last day of the deadline.
10.11. The buyer is obliged to deliver the goods to the merchant complete, including complete documentation, undamaged, preferably in the original packaging and unused.
10.12. It is recommended to insure the goods. The merchant does not accept cash on delivery shipments. The trader is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the buyer all payments received from him on the basis of the purchase contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees . The merchant is not obliged to return the payments to the buyer according to this point of these terms and conditions before the goods are delivered to him or until the buyer proves that the goods have been sent back to the merchant, unless the merchant proposes to pick up the goods personally or through a person authorized by him.
10.13. The merchant is obliged to return all payments to the buyer to the extent corresponding to the withdrawal from the contract, if the buyer did not withdraw from the entire contract concluded remotely, but withdrew only in relation to specific products. The merchant cannot charge the buyer additional costs for shipping, delivery, postage and other costs and fees.
10.14. The trader is not obliged to reimburse the buyer for additional costs if the buyer has explicitly chosen a different delivery method than the cheapest usual delivery method offered by the trader. Additional costs mean the difference between the delivery costs chosen by the buyer and the costs of the cheapest delivery method offered by the merchant.
10.15. The buyer bears the costs of returning the goods to the merchant or a person authorized by the merchant to receive the goods. This does not apply if the trader has agreed to bear them himself or if he has not fulfilled the obligation according to § 15 par. 1 letter g) of the Act.
10.16. The buyer is responsible for the reduction in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods. The buyer is not responsible for a decrease in the value of the goods if the trader has not fulfilled the information obligation about the buyer's right to withdraw from the contract according to § 15 par. 1 letter f) of the Act on Consumer Protection in Distance Selling.
10.17. The merchant is obliged to return the purchase price for the goods to the buyer in the same way that the buyer used for his payment, unless he agrees with the buyer on another method of returning payments without additional fees being charged to the buyer in this regard.
10.18. In the event that the buyer withdraws from the contract and delivers goods to the trader that are used, damaged or incomplete, the buyer undertakes to pay the trader: a) the value by which the value of the goods has been reduced in accordance with section § 457 of the Civil Code in the actual amount b) the costs incurred by the trader in connection with the repair of the goods and their restoration to their original condition, calculated according to the price list for the post-warranty service of the goods. The buyer is obliged, in accordance with this point of the terms and conditions, to pay compensation to the trader at most in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.
10.19. Unilateral set-off of the merchant's and the buyer's claims arising from withdrawal from the contract pursuant to § 19 par. 1 of the Act is prohibited.
10.20. In accordance with sec. § 19 par. 1 of the Act, the buyer cannot withdraw from the contract, the subject of which are:
- delivery of goods manufactured according to the buyer's specifications or goods made to order,
- delivery of goods that are subject to rapid deterioration or deterioration,
- delivery of goods enclosed in protective packaging, which is not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
- delivery of audio recordings, video recordings, audio-visual recordings or software sold in a protective packaging that was damaged after delivery,
- delivery of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
- delivery of digital content other than on a physical medium, if its provision began with the express consent of the buyer and the buyer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract by starting the delivery of digital content, and the trader provided confirmation to the buyer,
- the provision of a service, if its provision began with the express consent of the buyer and the buyer declared that he was properly informed that by expressing this consent, he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
10.21. The provisions of Art. 10 of these terms and conditions expressly do not apply to entities that do not meet the definition of consumer specified in section § 52 par. 4 of the Civil Code.
11. Final Provisions
11.1. If the purchase contract is concluded in written form, any change to it must be in written form.
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, 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 laws as amended by Act no. 284/2002 Coll. as amended and the Act.
11.4. The consumer has the right to submit a rectification request to the trader if a dispute arises between the consumer and the trader regarding the exercise of rights from liability for defects or if the consumer believes that the trader has violated other rights of the consumer. If the trader responds negatively to the request for correction or does not respond to it within 30 days from the date of its sending, the consumer has the right to submit a proposal to initiate an alternative resolution of his dispute according to the provisions of § 12 of Act No. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment and supplementation of certain laws. The competent entity for the alternative resolution of consumer disputes with a trader is the Slovak Trade Inspection P.O. Box 29, Bajkalská 21/A, 827 99 Bratislava, www.soi.sk or another relevant registered legal entity in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the consumer has the right to choose which of the listed entities of alternative resolution of consumer disputes to turn to.
11.5. The consumer can use the online dispute resolution platform, which is available on the website http://ec.europa.eu/consumers/odr/, to submit a proposal for an alternative resolution of their dispute.
11.6. These terms and conditions become effective against the buyer upon conclusion of the purchase contract.
11.7. Before sending the order, the buyer will be asked to check the box to confirm that he has familiarized himself with these terms and conditions, read them, understood their content and agrees with them in their entirety.
Annex no. 1
Sample contract withdrawal form (fill in and send this form only if you wish to withdraw from a distance contract)
To: HT MODEL, with registered office Na letisko 2714/49, 05801 Poprad, Slovak Republic, htmodel@htmodel.sk, ++421 52 7768212
I/we hereby announce (*) that I/we withdraw (*) from the purchase contract for the supply or provision of this product: ..............
Date of order/date of receipt (*) ..............
Name of consumer(s) (*) ...............
Address of the consumer(s) (*) ..............
Signature of the consumer(s) (*) (if this form is submitted in paper form) ..........................
Date .................(*) Cross out if not applicable.
Annex no. 2
Instruction on exercising the buyer's right to withdraw from the purchase contract
1. Right to withdraw from the purchase contract If you are purchasing as a consumer, you have the right to withdraw from this purchase contract without giving a reason within 14 days.The period for withdrawing from the contract expires after 14 days from the day when you or a third party designated by you, with the exception of the carrier, take over the goods, or from the date of conclusion of the contract for the provision of services or from the date of conclusion of the contract for the delivery of digital content other than on a physical medium. When exercising the right to withdraw from the purchase contract, inform us of your decision to withdraw from this purchase contract by a clear statement (for example, by letter sent by post, fax or by e-mail) at the address HT MODEL, with registered office Na letisko 2714/49, 05801 Poprad, Slovak Republic, htmodel@htmodel.sk, ++421 52 7768212. For this purpose, you can use the sample form for withdrawing from the purchase contract, which we sent or sent to you, and which is found as attachment no. 1 of the terms and conditions. However, its use is not mandatory. If you are interested, you have the option to fill out and send a sample form for withdrawal from the purchase contract or any other clear declaration of withdrawal from the purchase contract electronically via the website of our online store [www.htmodel.sk]. If you use this option, we will immediately confirm the withdrawal from the purchase contract by e-mail or on another durable medium. The withdrawal period from the purchase contract is preserved if you send a notice of exercise of the right to withdraw from the purchase contract before the expiry of the withdrawal period from the purchase contract.If the subject of the purchase contract is the purchase of goods, you can withdraw from the purchase contract even before the expiry of the withdrawal period.
2. Consequences of withdrawal from the contract After withdrawal, we will return all payments you made in connection with the conclusion of the purchase contract, especially the purchase price, including the costs of delivering the goods to you. This does not apply to additional costs if you have chosen a different type of delivery than the cheapest standard delivery method we offer. Payments will be made to you no later than 14 days from the day we receive your notice of withdrawal from this purchase contract. Their payment will be made in the same way that you used for your payment, unless you have expressly agreed to a different payment method, without charging any additional fees. the goods have been sent back, whichever comes first. Send the goods back to us or bring them to the address of the company's registered office without undue delay and in any case no later than 14 days from the date of exercising the right to withdraw from the contract. The period is considered to be preserved if you send the goods back before the 14-day period has expired. You bear the direct costs of returning the goods.Please note that in the event of withdrawal from the purchase contract, you are responsible for any reduction in the value of the goods as a result of handling them between the time of receipt and the moment of their return in a manner other than what is necessary to determine the nature, properties and functionality of the goods. If you have requested starting the provision of the service during the period for withdrawing from the contract, you are obliged to pay us the price for the performance actually provided until the day you notified us of your decision to withdraw from this contract.