General Terms of Sale
General Terms of Sale
1. These General Terms of Sale apply to the business relation between the Buyer (legal or natural person) and the Seller according to Art. 40/1964 of the Civil Code (Zb. Občiansky zákonník) as amended, Art. 250/2007 of the consumer protection act and Art. 102/2014 Z.z. of the consumer protection act regarding online purchase of goods, providing services under a distance contract or a contract concluded away from the business premises of the Seller from March 25, 2014, as amended.
2. Seller: Ing. Jozef Anďal – HT MODEL, registered in Poprad District Office registry number 706-6655, registered business number IČO: 17201772, tax identification number (TIN): 1020727598, VAT reference number: SK1020727598, residing at Na letisko 2714/49, 05801 Poprad, Slovak Republic.
3. A person dealing on the behalf of the company at concluding and fulfilling the contract as a part of their entrepreneurship or employment duties or a person acting on behalf of the company is also considered a Seller.
4. The Seller is also:
• the operator of the online shop via the website of the Seller (hereafter only “online shop” or “e-shop”).
• the operator of the information system(s) according to the EU Regulation 2016/679 regarding the processing of personal data of natural persons and the free movement of such data (GDPR) and the Act 18/2018 Z.z. regarding the protection of personal data, as amended.
5. The Buyer is every natural or legal person that has filled in and sent an order via the e-shop of the Seller, has received a confirmation of their order via email and has paid for the order. The Buyer is also every natural or legal person who has placed an order via telephone or via email and has confirmed via email the price offered by the Seller via email and has agreed to the General Terms of Sale.
6. The Consumer is a natural person who is not acting on behalf of a company, their own business activities, or profession. Following the Amendment 250/2007 Z.z. regarding the protection of the Consumer beginning May 1, 2014, legal persons buying products for their personal use or use of the members of their household are no longer considered a consumer. A business customer who makes a purchase on behalf of a company, therefore stating their registered business number (IČO), tax identification number (TIN) and VAT reference number, is not considered a Consumer. A business customer cannot return purchased product or withdraw from a contract without stating the reason. A business relation between such customer and the Seller is subject to the Commercial Code, not the Civil Code.
7. A natural person purchasing products for use in the exercise of a trade or profession is also not considered a Consumer.
8. A distance contract is defined by law as a consumer contract between the Consumer and the Seller that has been agreed on and concluded only via one or multiple means of distance communication without both the Seller and the Consumer being physically present at the same time, especially via the website, email, telephone, fax, direct mail, or sales catalogue.
9. A contract concluded outside of the business premises of the Seller is defined as a contract between the Seller and the Consumer:
• concluded while both the Seller and the Consumer are physically present at a place that is not the business premises of the Seller,
• that the Consumer suggested to conclude in a place away from the business premises of the Seller
• concluded at the business premises of the Seller or via the means of distance communication immediately after a meeting in person between the Consumer and the Seller away from the business premises of the Seller, or
• during a sales campaign or in connection to the sales campaign.
10. The business premises are defined as an establishment or another place where the Seller usually exercises their business activities or profession.
11. For the purposes of this law a contract of which the subject matter is selling goods is any contract
a) under which the Consumer gains an item in return for payment, especially a contract of sales and works contracts, or
b) of which the subject matter is selling of good or services.
12. If the distance contract under which the Consumer is bound to payment is concluded via electronic means of communication, the Seller must immediately prior to dispatch of the Consumer’s order specifically, clearly and in an understandable way inform the Consumer about:
• the main properties of the product or the nature of the services to an extent appropriate to the medium of communication and the product or the services,
• the total price of the product or services including all the expenses,
• the duration of the contract, if the contract is fixed term, or if the contract is of indefinite duration or of automatic renewal, the Seller must inform about the terms of the termination of the contract, and
• the minimum duration of the duration of the Consumer’s obligations under the contract, where such obligations result from the contact.
This provision imposes on the Seller a repeated information obligation. This obligation is to provide the important information to the Consumer before finalizing their order and deciding to purchase the goods and/or services.
13. An ancillary contract is a contract under which the Consumer acquires goods or services related to the subject matter of the distance contact or a contract concluded away from the business premises of the Seller, if the goods or services are provided by the Seller or a third party under a mutual agreement and when concluding the contract regarding the subject matter of the contract there is a reason to expect that after the termination of the distance contract or the contract concluded away from the business premises of the Seller the Consumer will not be interested in satisfying the performance obligation of this contract.
14. For the purposes of this law a contract for subscription is a contract that binds the Seller to provide a product or service to the Consumer at specified intervals in the commitment period and binds the Consumer to pay for the products or services over the given period.
15. An order is defined as an order form filled in and sent by the Consumer and processed by the shop system of the Seller. In case that the Consumer decides not to use the possibility to order the good via the order form within the meaning of the preceding sentence, an order made via telephone, email, fax or direct mail to the address of the Seller is as well considered an order.
16. An order contains the information about the customer and about the ordered product or services. In accordance with the order an invoice for the payment of the purchase price will be generated for the Customer. In case that the Buyer does not use the possibility to place an order via the order form, but places an order via telephone, email or direct mail addressed to the Seller, the Seller sends the price offer to the Buyer via email, or another mean of communication according to mutual agreement.
17. By filling in the order form and ticking the box “I have read the General Terms of Sale” before placing an order with obligation to pay the buyer confirms that they have read these General Terms of Sale which are an inseparable part of every contract and are always available in the appropriate section on the website of the Seller.
18. For the purposes of this law a durable medium is defined as a medium that shall be used to store and provide the information addressed to the Buyer or the Seller in a way that ensures the information is accessible for future use within the stated period required for these purposes and that ensures the unchanged reproduction of the saved data, e.g., paper, e-mail, USB flash drive, CD, DVD, memory card, hard drive of a computer.
19. For the purposes of these General Terms of Sale electronic content is defined as data created and provided in the electronic form, especially via computer programs, apps, games, music, videos, or texts.
20. Contractual relations (as well as other legal relations that may arise as a result of the contractual relations) with natural persons that are not acting on the behalf of their business at the moment of concluding the contract under these General Terms of Sale are not only subject to Act 40/1964 of the Civil Code (Zb. Občiansky zákonník) as amended, but also to specific regulations, especially Act 102/2014 Z. z. of the consumer protection act regarding purchase of goods or providing services under a distance contract or a contract concluded away from the business premises of the Seller and the law on amending some laws (Acts 151/2014 Z. z., 173/2015 Z. z., 391/2015 Z. z.). Contractual relations (as well as other legal relations that may arise as a result of the contractual relations) with legal persons, or natural persons – entrepreneurs (e.g., self-employed workers) are subject to Act 513/1991 of the Commercial Code (Zb. Obchodný zákonník), as amended.
21. All the special offers on products or services are valid always until the stocks are exhausted.
22. All the displayed prices show the final price including the VAT and other taxes.
23. The recycling fee for electronic devices must be stated when selling each electronic device separately on the packaging, the label, or the receipt under the Waste Act.
24. After-sale services for the majority of the offered products are provided by the Seller, HT MODEL, Na letisko 49, 05801 Poprad. A list of after-sale service providers of selected products (e.g., based on the brand) shall be listed on the guarantee statement, in the user instructions or in other cases shall be provided by request via telephone or email.
II. Placing an order for goods or services – conclusion of a contract of sales
1. Before concluding a distance contract or concluding a contract away from the business premises of the Seller or if the contract is concluded based on the Consumer’s order, the Seller shall clearly and plainly inform the Consumer before sending the order about:
• the main properties of the product or the nature of the service to an extent appropriate to the medium and the product or service,
• the business name and address or the headquarters or the place of business of the Seller or a person on behalf of whom the Seller acts,
• the phone number of the Seller and other information important for the Consumer to be able to contact the Seller, especially the email address and fax number, if there is one,
• the address of the Seller or the person on behalf of whom the Seller acts where the Consumer can file a guarantee claim regarding the products or services or make a complaint if this address is different than the one stated in b.
• the full price of the products or services including the VAT and all other taxes or if due to the nature of the products or services the price cannot be adequately estimated beforehand, the method of calculating the price, as well as the shipping costs, delivery and postage fees and other fees, or if these fees cannot be estimated beforehand, the information that the price may include these expenses or fees; if the contract is of indefinite duration or it is a contract for subscription the Seller informs the Consumer about the total price for the billing period, if the price cannot be estimated beforehand, about the method of calculating the price,
• the price charged for using the means of distance communication that can be used to conclude a contract if it is a premium rate telephone number,
• the payment and delivery conditions, delivery time within which the Seller is due to deliver the products or services, the instructions for filing guarantee claims and complaints of the Consumer,
• the information about the Consumer’s right to withdraw from the contract, the conditions and time-period for withdrawal and the steps of the withdrawal procedure; the Seller also provides the withdrawal form for the Consumer according to the attachment n. 3,
• the information that if the Consumer withdraws from the contract, they are to bear the expenses for returning the products to the Seller according to Art. 10(3) (§ 10 ods. 3) and if they withdraw from the distance contract they are to bear the costs of returning the products that due to their nature cannot be returned via mail,
• the information of the Consumer’s possible obligation to pay the Seller the cost of services actually provided under the Art. 10(5) (§ 10 ods. 5), if the Consumer withdraws from the contract of providing services after giving their explicit permission to the Seller under Art. 4(6) (§ 4 ods. 6),
• the information that the Consumer may not withdraw from the contract or the possible circumstances under which the Consumer loses the right to withdraw from the contract
• the guidance on Seller’s responsibilities for the defects of products or services under the general regulations,
• the information about the existence of a guarantee and the details of guarantee provided by the manufacturer or the Seller under stricter guidelines than the general regulations, if the manufacturer or the Seller provides it, as well as the information of the existence and the details of such help and services to the Consumer after the purchase of the products or services if such help is provided,
• the information about the existence of associated codes of conduct that the Seller is bound to adhere to and about the methods that the Consumer can use to acquaint themselves with such codes and how copies of them can be obtained,
• the information about the duration of the contract if the contract is fixed term; also, the information about the conditions of withdrawal from the contract if the contract is of indefinite duration or automatically renewed,
• the information about the minimum duration of Customer’s obligations arising under the contract, if applicable,
• the information about the Consumer’s obligation to pay advance or other financial guarantee if requested by the Seller and about the conditions regarding the guarantee, if applied under the contract,
• the information about the functionality, including applicable technical protection measures of goods with digital contents, where applicable,
• the information about compatibility of the digital contents with the hardware and the software that the Seller know of or is reasonable to think they know of, where applicable,
• the information about the possibility of dispute resolution via the alternative dispute resolution system; the Seller shall provide the link to the platform of the alternative dispute resolution system on their website, via which the Consumer can file a request for the alternative dispute resolution.
2. A digital order of products via the filled in order form followed by a payment of the purchase price based on the generated invoice is an offer for a contract of sales from the Buyer’s party.
3. An offer for a contract of sales is also considered a price offer generated by the Seller by the Buyer’s request via telephone or email. In this case the contract of sales is concluded by the Buyer’s written confirmation of the price offer, also electronically.
4. The order for products is accepted by the Seller and the contract of sales is concluded based on the written confirmation of concluding the contract of sales under the Consumer Protection Law in distance selling 102/2014 (art. 6) (Zákona na ochranu spotrebiteľa pri predaji na diaľku č. 102/2014 (§ 6):
The Seller shall provide the confirmation of concluding the contract of sales immediately after concluding a distance contract at latest with the delivery of the goods on a durable medium.
5. In case the Buyer decides to place an order via the order form “an order”, the Buyer is to choose a payment method to pay for the purchase price and subsequently pay the purchase price to the Seller, otherwise the contract of sales is not concluded. The Seller simultaneously informs the Buyer (the customer) and the Buyer (the customer) acknowledges and agrees that the payment for the order is obligatory.
6. In case the Buyer decides to place an order via telephone or email order, the Buyer is to pay the purchase price based on an invoice generated and delivered by the Seller to the Buyer (also electronically). Immediately after the amount is credited to the Seller’s account, the Seller notifies the Buyer that the products will be sent to the address provided by the Buyer.
7. A distance contract is a consumer contract concluded between a business and a consumer whereby the consumer can take cognisance of the content of the contract, however, cannot change the contents.
8. The contract is a fixed term contract, and the contract is terminated when the obligations of both the Seller and the Buyer are fulfilled.
III. The purchase price and the payment terms
1. The price of the products or services ordered via the e-shop (hereafter “purchase price”) is generated always specifically for each individual customer. In case of article II./6. the Seller sends a price offer to the Buyer electronically or via mail if mutually agreed.
2. The price of the products or services may change due to obvious print or other mistake regarding the price of the products or services detected in the system of the Seller or published in the e-shop in question. The Buyer and the Seller are entitled to cancel the order or withdraw from the contract of sales (until the moment of taking over of the products or services) if the Buyer has been notified of the change of the purchase price of any of the items due to an obvious print or other mistake regarding the price of the products.
3. The Seller does not guarantee the period for which the purchase price remains valid for the orders of same products or services in any period. To exclude any doubt, the purchase price generated for a particular order does not change after paid in due time.
4. The purchase price is considered paid the day the due amount is credited to the Seller’s account (or the moment the amount is paid in cash in case of cash payment, or it’s written confirmation in the form of a receipt)
5. The payment method for the purchase price (payment form) and the total costs regarding the order itself and the delivery of goods (the Buyer chooses the payment method in the process of placing the order of the goods on the website of the e-shop) is stated in the order form as well as the quantification of total cost.
6. The Buyer must use the generated invoice reference number as the identifier (variable symbol) for the payment. If the identifier is stated incorrectly, the payment for the purchase price will be accounted for incorrectly and the Buyer is responsible for the associated risks which may lead to the Buyer being default in their payment obligation. The purchase price does not include the shipping nor other costs regarding the delivery of the products.
7. Purchase price maturity: after choosing the method of payment via the order form, telephone or electronically, the Buyer must pay the purchase price to the Seller before taking over the goods, except in case that the Buyer and the Seller specifically agree otherwise with a written (or electronical) confirmation from the Seller to the Buyer after placing the order. If the Buyer chooses to pay in cash, the Buyer must pay the purchase price and any other costs (e.g., shipping fee, mail order fee, etc.) to the Seller, i.e., the total amount, at latest upon delivering the goods or services to the Buyer (also via delivery service).
8. The Buyer has the right to pay already upon placing and sending the order to the Seller and the payment is regarded as an advance of the purchase price and other estimated costs, however, it is recommended that the Buyer pays after the order has been accepted by the Seller (after concluding the contract).
9. Mail order fee:
• The mail order fee is not included in the purchase price of the products or services and it will be calculated in the order form and in the generated invoice or in a price offer sent via email and the Buyer is bound to pay this fee with the purchase price.
• The Seller has the unilateral right to internally and at their own discretion determine the value of the order for which the Buyer pays no mail order fee. Whether the Buyer is or is not to pay the mail order fee shall be stated in the order on the website of the e-shop in question and the total amount may differ in each separately made order. The Seller can unilaterally at their own discretion change and modify the total amount of an order (a concluded contract) for which the Buyer pays no mail order fee without the obligation to state this change in the General Terms of Sale. This change has no effect on concluding a contract of sales.
10. Other fees:
• The purchase price of the goods and all the other fees (e.g., regarding the payment and shipping methods) are stated on the website of the Seller as well as in the order form before the order is placed.
• The Seller has the right to evaluate each order individually and unilaterally at their own discretion and decide which order does not include any additional costs regarding the payment method, total price of the order and the delivery itself. The Seller is not obligated to state these changes in these General Terms of Sale of the Seller. This change has no effect on concluding the contract of sales.
• Under the Waste Act the Seller is obliged to also state separately the Recycling fee for all the electronic devices when displaying the product, on the packaging, on the label, or, on the receipt (invoice). The Recycling fee is displayed separately with each electronic device, or is stated on the invoice for the Buyer (if applicable).
11. Payment for the products or services in advance:
The Seller can require payment in advance for the products or services:
• If the cost of the order exceeds 300€excluding shipping (against an advance invoice paid via bank transfer)
• For products or services that are shipped abroad (against an advance invoice paid via bank transfer)
• When ordering a product or a service that is out of stock or only custom-made, the Seller can demand an advance payment up to 50% of the price of the goods or services. If the order for goods made to the consumer’s specifications, custom-made goods or goods clearly personalized for a specific customer is cancelled, the advance payment shall fully forfeit to the Seller who bears the production costs of the ordered goods. (The advance payment is required against an issued advance invoice).
12. The basic currency for the products or services is EURO (€).
13. Bank fees charged for the payment of the purchase price and shipping costs by the Buyer are subject to the contract between the Buyer and the Buyer’s bank. The Seller is not responsible for the amounts of these or other fees regarding the payment.
14. Fees for using electronic means of communication are subject to the contract between the Buyer and Buyer’s internet provider, or the Buyer’s provider of electronic communication. The Seller is not responsible for the amounts of these or other fees regarding the payment.
15. The Seller informs the Buyer that the Seller does not lay down a minimal order value. Under the Consumer Protection Act 250/2007 (Z. z. o ochrane spotrebiteľa) “The seller can not deny selling a product that has been displayed or otherwise made ready for sale to the consumer or deny providing a service that is in their operational capacity.”
16. The Seller can create an opportunity (a possible form) on their website that allows the Buyer to obtain a discount (in %) for the total purchased goods. The Seller can unilaterally at their own discretion without the obligation to disclose the changes in these General Terms of Sale create, change, and terminate the opportunities to obtain these discounts as well as the conditions of obtaining these discounts. This change has no effect on concluding a contract of sales.
17. The Consumer must pay the Seller costs of services actually provided if the Consumer withdraws from the contract of services after giving the Seller explicit permission to begin providing the services before the withdrawal period expired.
IV. The delivery of goods and services
1. The Seller is obliged to deliver the products to the Buyer of the ordered amount and quality including a written copy of these General Terms of Sales if not already delivered with the receipt regarding the products or services and other documentation if such exists and is typical for the product in question. If the written copy of these General Terms of Sales has not been delivered to the Buyer with the product, the Buyer must notify the Seller in writing within 2 business days from the delivery of the products or services, otherwise it is assumed that the Seller’s obligation to deliver a written copy of these General Terms of Sale has been duly fulfilled.
2. If the Buyer does not object to the products or services or the documentation regarding the products or services not being delivered within 2 business days from the day of the delivery or the estimated delivery date, it is assumed that the goods have been duly delivered based on the confirmed delivery and transport note, unless proven otherwise with evidence.
3. Under the art. 614/2 of the Civil Code regarding also the purchase of goods or services on the internet, unless agreed otherwise, the Seller is to fulfil the order of the Consumer within 30 days from receiving the order. If the Seller does not complete the contract, because they are unable to deliver the goods or provide the services, they must immediately inform the Buyer and immediately refund the purchase price paid for the goods or the advance, unless agreed otherwise. The place of delivery of the ordered goods or services is the address given by the Buyer in the order form.
4. The Seller cannot supply the goods or services, the Seller must immediately inform the Buyer even in the case of force majeure or for reasons that the Seller or the transporter/carrier/courier is not responsible for. In this case the Seller offers or provides the Buyer with an appropriate compensation and follows the General Terms of Sales.
5. The Seller delivers the products or services to the Buyer to the address provided by the Buyer when placing the order and exclusively to the person listed as the Buyer. Delivering or handing over the goods to other person than the Buyer is only possible with a written approval of the Seller and the documents required by the Seller. Therefore, it is necessary that the Buyer provides the correct personal identification information when placing an order and information for the delivery of the goods. The courier is authorized to verify the identity of the person receiving the goods via appropriate method and verify whether the person is the Buyer and whether the person is authorized to take over the goods. If necessary, the Seller and the Buyer can agree to prolong the delivery time or agree on a suitable replacement of the same value and quality. In case of a special requirements the delivery time is prolonged by more business days announced to the Buyer electronically.
6. The Seller supplies the goods or services to the Buyer (or the person authorized in writing to take over the goods or services) in the territory of Slovak Republic and the countries of the European Union by their own means or via a third party (transport-, courier- or parcel-services).
7. The delivery of the products or services is fulfilled by handing over the goods to the Buyer or the person authorized in writing to take over the products or services.
8. The Seller informs the Buyer that the Seller reserves the right to deliver the ordered goods (of quantity more than 2 pieces) in separate deliveries at the price confirmed when accepting the order (i.e., more deliveries at the cost of one).
9. The transported goods must be properly and safely packed. By signing the transport/delivery note the Buyer confirms that the goods have been delivered and that the packaging was not damaged.
10. If the goods or services are visibly damaged or damage could be detected when taking over the goods in person, the Seller has the right not to take over the product. The products or services taken over shall be deemed as undamaged when personally inspected. When taking over the goods in person or delivered the Buyer is to properly describe the damage in writing immediately while taking over the goods if the damages are visible, or if the damages are hidden immediately after the damage is discovered. Further guarantee claims shall only be accepted if the buyer can prove that the products have already been damaged at the time of taking over the goods.
11. The Seller provides the Buyer the confirmation of the contract on a durable medium when handing over the product.
12. The contract inception, the validity of dispositions, the possibility of cancelling the contract by either the Buyer or the Seller are governed in the Civil Code. The law specifies some possibilities of cancelling and allows an agreement of cancellation between the Buyer and the Seller. A possible reason can be e.g., a technical error in the e-shop system.
13. The delivery of the goods outside the territory of the European Union and to the territory of third countries is possible. The Seller recommends that the Buyer asks the Seller about the possibilities and means of delivery of goods to the territories outside European Union and to the territories of third countries before placing an order for products or services.
V. Taking over the goods or services
1. The Seller, shipping, transport or courier company or parcel service can announce the delivery to the Buyer via email, text message or other suitable form (e.g., telephone). The Buyer also gives their permission to the Seller to provide the Buyers information to the shipping, transport, or courier company.
2. The Buyer must prove their identity with a valid identity documents (ID or passport) to the courier when taking over the goods or services. These documents must clearly prove the identity of the Buyer and the right to take over the goods. Otherwise, the Seller/courier has the right to deny handing over the goods.
3. If the Buyer does not take over the goods, the Seller stores the order in their business premises or at the address the company resides at and requests the Buyer to pick up the goods. If the Buyer does not pick up the goods within 30 business days since the written notification has been delivered, after the additional period to pick up the goods or services has expired the contractual relationship against the contract of sales between the Seller and the Buyer terminates.
4. The risk of damage of the products or services and the liability for damage of the product transfers to the Buyer after taking over the goods regardless whether the Buyer takes over the goods in person or via an authorized person. In case stated in paragraph 3 of article V., the risk of damage of the products or services and the liability for damage of the products transfers to the Buyer from the say the Buyer did not take over the goods at the first attempt at the delivery.
5. The Buyer must verify the integrity of the packaging and the completeness of the order, especially the number of transport containers (packages/parcels). In case of discovering any obvious damages related to the transportation and the goods, the Buyer must immediately within 12 hours electronically or telephonically notify the Seller. The Buyer is obliged to describe all the obvious damages of the packaging and infringement of the package on the delivery note. If other damages of the package of the delivery are discovered or it is suspected the package has been opened by an unauthorized party, the Buyer shall not take over the package from the Seller/courier.
6. By signing the protocol the Buyer confirms that the delivery was taken over undamaged. If the Buyer does not claim a complaint on the delivery not being delivered or the documentation related to the package not being delivered within 24 hours from the delivery being delivered, it is assumed that the goods were duly delivered to the Buyer against the confirmed delivery and transport notes, unless proven otherwise.
VI. Shipping costs/delivery
1. The Buyer can choose only one of the following delivery methods: courier GLS, courier DHL.
2. The shipping costs are not included in the purchase price of the product or service. The shipping costs will be quantified in the order form and in the generated invoice, or in the price offer sent via email and the Buyer is bound to pay these costs with the purchase price.
3. For the deliveries abroad the delivery prices are calculated individually according to the requirements of the carrier and method of delivery.
4. Free shipping: The Seller can unilaterally at their own discretion determine the value of an order or a type of order for which the Buyer pays no shipping fees. Whether the Buyer is or is not to pay the shipping costs is displayed in the order or on the website of the e-shop. The Seller can unilaterally without the obligation to state these changes in these General Terms of Sale change the value or the character of the order (a concluded contract) for which the Buyer pays no shipping fee. This change has no effect on concluding a contract of sales.
VII. Withdrawal from the contract of sales
1. By law only the Consumer has the right to withdraw from a contract. A consumer is a natural person who is not acting on behalf of a company, their own business activities or profession when concluding and fulfilling the consumer contract.
2. The Consumer (the Buyer) has the legal right to return the goods without stating the reason only if the goods were purchased under:
• a distance contract (a contract between the Consumer and the Seller that has been agreed on and concluded only via one or multiple means of distance communication without both the Seller and the Consumer being physically present at the same time, especially via the website, email, telephone, fax, direct mail, or sales catalogue)
• a contract concluded away from the business premises of the Seller (a contract between the Seller and the Consumer concluded while both the Seller and the Consumer are physically present at a place that is not the business premises of the Seller; a contract the Consumer suggested to conclude in a place away from the business premises of the Seller; a contract concluded at the business premises of the Seller or via the means of distance communication immediately after a meeting in person between the Consumer and the Seller away from the business premises of the Seller; a contract concluded during a sales campaign or in connection to the sales campaign).
3. The information regarding the possibility (the right) to withdraw from the contract of sales: the consumer can withdraw from the contract of sales without stating the reason within 14 calendar days from the day the Consumer or a Consumer authorized third person, except for the transporter, takes over the product, i.e., this period expires 14 days from taking over the goods. If the last day of this period is a public holiday the period is prolonged until the next business day. The Consumer can withdraw from a contract the subject of which is the delivery of a product also before the contract withdrawal period starts. Business customers do not have the right to return purchased goods without stating the reason, i.e., they do not have to right to withdraw from a contract of sales without stating a reason in the 14-day period.
4. In exercising the right of withdrawal from a contract the Consumer shall notify the Seller about their decision to withdraw from this contract in an unequivocal statement. The Consumer can use a withdrawal form provided by the Seller. The withdrawal form sample is also available on the website of the Seller or it can be sent to the Consumer via email or mail by request.
5. The contract withdrawal period is respected if the Consumer sends the notice of exercising the right of withdrawal from the contract before the withdrawal period expires, i.e., at latest the 14th day from the day the contract withdrawal period begins to run, or if the end of this period falls on a public holiday the period prolongs until the next business day.
6. After the Consumer withdraws from the contract the Seller shall refund all the payments the Consumer has paid related to the concluding of the contract, especially the purchase price including the shipping fees charged to deliver the goods to the Consumer. This does not include the extra costs if the Consumer chose other than the least expensive delivery method offered by the Seller. The payments shall be refunded without undue delay within 14 days from the day the Consumer’s withdrawal notice has been delivered to the Seller. The payment shall be refunded by the same method as they have been paid by the Buyer unless the Buyer explicitly agreed with a different form of payment with no additional charges applied.
7. The payment for the purchased goods will be refunded to the Buyer after delivering the purchased goods back to the address of the Seller or after presenting a document verifying that the goods have been shipped back depending on which one occurs first.
8. The obligations of the Seller in the event of contract withdrawal:
1) The Seller is to refund all the accepted payments based on or related to the contract to the Consumer without any undue delay within 14 days from receiving the contract withdrawal notice, including the shipping, delivery and mail fees and other costs and charges; this does not include the paragraph 8(5). of the Consumer Protection Act 102/2014 Z.z. regarding online purchase of goods, providing services under a distance contract or a contract concluded away from the business premises of the Seller (Zákon o ochrane spotrebiteľa pri predaji tovaru alebo poskytovaní služieb na základe zmluvy uzavretej na diaľku alebo zmluvy uzavretej mimo prevádzkových priestorov predávajúceho a o zmene a doplnení niektorých zákonov).
2) The Seller is to refund the payments to the Consumer in accordance with paragraph 1 in the same method as the Consumer used to make the payment. This does not compromise the Consumer’s right to agree with the Seller on a different method of payment if no additional fees are charged.
3) The Seller is not obliged to pay the Consumer any additional costs if the Consumer explicitly chose other method of delivery than the cheapest usual method of delivery offered by the Seller. Additional costs are understood as the difference in cost between the delivery costs chosen by the Consumer and costs of the cheapest usual delivery method offered by the Seller.
4) If the goods were delivered to the Consumer’s home under a contract concluded away from the business premises of the Seller at the time of concluding the contract and the goods can not be returned to the Seller via mail due to the nature of the goods, the Seller is obliged to arrange the collection of the goods at their own cost within the period in accordance with paragraph 1.
5) In the withdrawal from the contract of sales subject of which is selling of goods the Seller is not obliged to refund the Consumer their payments in accordance with paragraph 1 before the goods have been delivered to the Seller or the Consumer has proved that the goods have been sent back to the Seller unless the Seller suggests picking up the goods in person or by another person authorized by the Seller.
9. In the withdrawal from the contract of sales the Consumers bears only the costs for returning the goods to the Seller or a person authorized by the Seller to take over the goods.
10. The Consumer is obliged to send back or hand over the goods to the Seller or a person authorized by the Seller to take over the goods within 14 days from withdrawal from the contract. This does not apply if the Seller suggests picking up the goods in person or through a person authorized by the Seller. The period defined in the first sentence is considered respected if the goods have been handed over for transport at latest on the last day of the period.
11. The Consumer takes note of the fact, that if any gifts given out with the products, the contract of gift is concluded under the condition that if the Consumer exercises the right of withdrawal from a contract according to § 7 of Act 102/2014 Z.z, the contract of gift ceases to have effect and the Seller must return the gifts provided with the returned goods and the returned goods.
12. The conditions of withdrawal from contract of sales for business customers is regulated by the Commercial Law.
13. The Buyer can cancel the order at latest the day of goods dispatch from the warehouse via telephone or email. The Seller’s contact information is available in these General Terms of Sale and on the website of the Seller.
14. The Seller recommends (but does not require) that the Buyer send the returned goods by registered and insured mail.
15. The Buyer has the right to open and try the products in a similar fashion as in a brink-and-mortar shop to the extent needed to evaluate the nature, properties, and functionality of the product. In case the Buyer withdraws from the contract and delivers to the Seller a product that has been used, damaged or is incomplete, the Buyer is obliged to pay the Seller:
• the amount by which the value of the product has decreased in the actual value according to paragraph 457 of the Civil code
• costs incurred by the Seller related to repairing the goods and the restoration costs.
Within the meaning of this paragraph the Buyer is obliged to pay the costs up to the maximum equal to the difference between the purchase price of the product and the value of the product at the time of the withdrawal from the contract of sales.
16. The address of the Seller (for exercising the right of withdrawal from the contract): Ing. Jozef Anďal – HT MODEL, Veľká, Na letisko 2714/49 05801 Poprad, Slovak Republic.
17. Email address of the Seller (for exercising the right of withdrawal from the contract): firstname.lastname@example.org
18. The Buyer can not withdraw from a contract the subject of which is:
• provision of a service if the providing has started after an explicit permission of the Buyer and the Buyer has declared, that they have been properly informed that they lose their right to withdraw from the contract after the service has been provided in full and if the service has been provided in full,
• sale of goods or provision of services the price of which depends on the fluctuation in the financial market prices that cannot be controlled by the Seller, and which can happen during the withdrawal period,
• sales of goods made to the consumer’s specifications, custom-made goods or goods clearly personalized for a specific single customer,
• sales of goods that deteriorate in quality or perish rapidly,
• sales of goods enclosed in a protective packaging for reasons of protection of health or hygienic reasons and the packaging of which has been unsealed after the delivery,
• sales of goods that can be inseparably mixed with other product due to its nature after the delivery,
• sales of alcoholic beverages the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Seller
• carrying out urgent repairs or maintenance that the Consumer has explicitly requested from the Seller; this does not apply to contracts of services and contracts the subject of which is sales of other goods such as spare parts needed to perform the repair or maintenance if they were concluded at the visit of the Seller at the Consumer’s premises and the Consumer has not ordered these services or goods beforehand,
• sales of audio recordings, visual recordings, audio-visual recordings, or computer software sold in protective packaging if the Consumer has unpacked this packaging,
• sales of periodical press except for sales under a subscription contract and sales of books that are not delivered in a protective packaging,
• provision of accommodation services for other purpose than accommodation, transportation of goods, vehicle rental, provision of food and drink or provision of services related to leisure time activities and according to which the Seller is bound to provide these services in an agreed time or within agreed period,
• provision of electronic content on other than tangible medium if the provision has started with an explicit permission of the Consumer and the Consumer has declared that they have been properly informed that they lose their right to withdraw from the contract by giving this permission.
No legislation confers the right to the Consumer to return products purchased in a brick-and-mortar shop (establishment) without any reason. If the Seller offers such possibility (or to exchange the product for another product) to the Consumer, they do so beyond their legal obligation. The entitlement to return or exchange the product without any reason is not legally enforceable. As a general rule, in traditional sales channels (in a brick-and-mortar store): If the purchased product does not fit due to its size, shape, price, colour or it is an unsuitable choice of a gift, duplicity, etc., it is not considered a product defect. The Buyer does not have a legal right to enforce an exchange or a refund from the Seller if the product is not defective. No legislation provides for an obligation of the Seller to refund the Buyer or to exchange the product for another product if the product has no defects. This depends on the agreement between the Seller and the Buyer and the willingness of the Seller to satisfy the Buyer’s request. The fact that some sellers provide the benefit of the possibility to return the goods within a certain time period since the purchase of goods is purely a part of their business policy and they themselves determine the conditions (the number of days, exchange for vouchers, store credit, exchange for other products, original package, original tags, etc.). If the Seller declares the possibility to return the product or exchange the product for another product in a “public pledge” in writing at their retail premises or in their general terms of sales this is deemed as other case. Then the Seller shall follow themselves determined conditions. The Consumer is advised to always ask the Seller about the possibility to return or exchange the purchased goods and about the conditions of these possibilities before the purchase of goods in a brick-and-mortar store. Legal right to withdraw from a contract without stating a reason (within 14 days) is applicable in case of distance contracts and contracts concluded away from the business premises of the Seller. In case the purchased product is found defective within the guarantee period, the Buyer has the right to place a guarantee complaint. The procedure of submitting and settling of a complaint is governed by customer protection law 250/2007 Z.z., as amended.
20. The Buyer is responsible for any damages that could be caused to third parties related to the use of the products.
21. If the Seller finds out during processing of the order that the contents of the source materials is derogatory or against the moral and ethical standards of the Seller or against generally binding rules or in conflict with other legislations (e.g., sales of alcohol, tobacco, or other legally restricted products to the persons under the age of 18), the Seller has the right to withdraw from the contract of sales by sending an order cancellation notice via email. The Buyer is not entitled to any refund, except the refund of the already paid purchase price.
22. The Seller has the right to withdraw from the contract of sales until the moment of shipping the goods, especially in case of momentary unavailability of the goods ordered by the Buyer. The Seller is obliged to immediately inform the Buyer about the withdrawal from the contract via email to the address provided by the Buyer when placing the order. Before the withdrawal the Seller can offer a compensation. The Buyer can reject the compensation and withdraw from the contract of sales.
23. The Seller provides a guarantee for the delivered products in accordance with the corresponding legislation of the Slovak Republic. The guarantee period starts the day of taking over the goods or services by the Buyer. In case of business customers, the liability for the product or service defects and guarantee terms are regulated by the Commercial Code.
24. In case the Buyer returns a defective product or service, and the defect has been discovered after the goods have been taken over and has not been discovered or possible to be discovered during the regular inspection of the products when being taken over, the Buyer is entitled to a due discount from the purchase price corresponding with the nature and the extent of the defect or for a refund of the purchase price. Shall the item be unusable due to the defect the Buyer can withdraw from the contract. If both parties agree, the defective goods can be replaced by a new product free from defects. Damaged or defective goods shall be complete.
25. Procedures provided in this article also adequately apply to filing a complaint or a suggestion by the Buyer.
26. The Seller informs the (buyers) customers about the supervisory authorities:
a. Government authorities in the field of public health and state veterinary and food administration
b. The Department of Public Health of the Slovak Republic and regional public health departments
c. The Slovak Trade Inspection (Slovenská obchodná inšpekcia) that supervises the offer and sale of products and provision of services which are not supervised by authorities stated in a. and b., or during a sales campaign or in connection to it.
27. The general market supervising authority for the customer protection on the domestic market according to the law 128/202 Z. z. on state control is the Slovak Trade Inspection (Slovenská obchodná inšpekcia).
|Inšpektorát SOI pre Bratislavský kraj
Bajkalská 21/A, P. O. BOX 5, 820 07 Bratislava 27
|Inšpektorát SOI pre Žilinský kraj
Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1
|Inšpektorát SOI pre Trnavský kraj
Pekárska 23, 917 01 Trnava 1
|Inšpektorát SOI pre Banskobystrický kraj
Dolná 46, 974 00 Banská Bystrica 1
|Inšpektorát SOI pre Trenčiansky kraj
Hurbanova 59, 911 01 Trenčín
|Inšpektorát SOI pre Prešovský kraj
Obrancov mieru 6, 080 01 Prešov 1
|Inšpektorát SOI pre Nitriansky kraj
Staničná 9, P. O. BOX 49A, 950 50 Nitra 1
|Inšpektorát SOI pre Košický kraj
Vrátna č. 3, 043 79 Košice 1
The telephone and fax number to contact the Slovak Trade Inspection headquarters and regional Slovak Trade Inspection offices can be found on the website: www.soi.sk
Slovak Trade Inspection as a general market supervising authority investigates whether all the legal requirements regarding the guarantee under the Consumer Protection Act have been met, not the merit of the guarantee complaints.
VIII. Guarantee policy
1. Guarantee period: In accordance with the legislation of the Slovak Republic the standard guarantee period for all the goods purchased under civil relations is 24 months unless the legislation lays down a shorter period for certain types of products. If there is an expiry date on the sold product, its packaging or its user manual, the guarantee period does not expire before the expiry date.
2. The Seller can extend the lawful period. The extended guarantee period is always stated on the guarantee statement. If there is no guarantee period stated in the guarantee statement, the guarantee period shall be 24 months.
3. The guarantee period consists of the lawful period (24 months) and extended period, if applicable. Within the lawful guarantee period the guarantee claims are regulated by act 40/1964 Z.z. § 619-627 taking into account this Guarantee Policy. (Within the prolonged guarantee period the guarantee claims are regulated by this Guarantee Policy).
4. If the item has been used, the Seller and the Buyer can agree on a shorter guarantee period, however no shorter than 12 months. If a product is being sold for a discounted price due to the product being defective or incomplete the guarantee does not include the defects that were the reason for the discounted price.
5. For all the products purchased by business customers under a business relation (in accordance with the Commercial Code) the guarantee period established by the Seller is 12 months.
6. The Seller and the Buyer are to follow the procedure for the exercise of the rights arising from the Seller’s liability for the defects of the products bought via e-shop which are further specified in the Guarantee Policy.
7. The Guarantee Policy follows up and supplements the General Terms of Sale that govern the sales of goods via e-shop on the website.
8. The Consumer (or a business customer) can request a written printed or electronical copy of the Guarantee Policy be sent to a chosen address.
9. The Buyer shall acquaint themselves with the General Terms of Sale and Guarantee Policy before placing an order of goods. The Buyer confirms that they have informed themselves about the contents of the Guarantee Policy and General Terms of Sale by checking the field before placing an order from the Seller.
10. The Seller issues a receipt (an invoice) for each purchased product as a proof of purchase. If no separate guarantee statement is issued, the receipt (the invoice) shall serve this purpose (hereafter “guarantee statement”).
11. Abovementioned provisions do not apply to the Buyer who is not a Consumer and is purchasing goods for business purposes, not for the purpose of personal use for natural persons; liability for product defects is governed by provisions §422 onwards of Commercial Code.
12. The Seller processes the consumer guarantee in accordance with the legislation of the Slovak Republic, specifically Act 250/2007 Z.z. as amended, the Civil Code of Slovak Republic and the applicable legislations.
13. The Seller informs the Buyer before the purchase also about:
• the liability of the Seller for the defects of the products (in accordance with §622-624 of Civil Code – Občiansky zákonník),
• the process of exercising the right and processing a guarantee complaint, a complaint, or a suggestion,
• where can the Buyer claim a guarantee complaint, especially in case the place for handling the guarantee complaints resides at a different address than the headquarters or the business premises of the Seller
• handling of repairs under guarantee (authorized service stations, etc.)
14. Guarantee terms: The Seller is to be liable for the proper quality, quantity, size and weight of the sold product. The product shall be without any defects and correspond to the current technical standards.
15. The Seller is liable for any defects the sold product has when being taken over by the Buyer and defects detected after taking over the products within the guarantee period.
16. Exceptions to the guarantee:
The guarantee does not apply to any defects caused by improper use of the goods or by reason of force majeure, natural disasters, etc. nor to any damages caused as the result of inappropriate use. The guarantee does not apply to damages caused by wrong operation, careless or improper handling, use and installation against the user manual. The guarantee does not apply to damages caused by:
a. mechanical damage of the goods,
b. use of the goods in improper conditions,
c. the goods were damaged by excessive use or use against the conditions stated in the documentation or against the general principals,
d. a non-qualified tampering or change of parameters.
17. The time from the liability claim to the moment when the Buyer must take over the item is not counted into the guarantee period. If the goods were exchanged, the guarantee period shall start again from the day of taking over the new goods.
18. If the Seller offers other goods as a free gift with the sold products to the Buyer, the Buyer is to decide whether or not they accept the gift. A gift is not a sold product and therefore the Seller is not liable for its possible defects. Shall the Buyer’s right of withdrawal from a contract of sales arise (a refund), the customer must return everything they received from the Seller, i.e., also the goods received as a gift.
19. The guarantee claim is possible:
• at the address: Ing. Jozef Anďal - HT MODEL, Veľká, Na letisko 2714/49, 05801 Poprad, Slovak Republic (it is necessary to prove that the product was bought from the Seller and the guarantee period has not expired yet. The legislation does not regulate the documentation required to prove this. The Seller recommends e.g., a receipt or a guarantee statement.)
• via mail addressed to: Ing. Jozef Anďal - HT MODEL, Veľká, Na letisko 2714/49, 05801 Poprad, Slovak Republic (it is necessary to prove that the product was bought from the Seller and the guarantee period has not expired yet. The legislation does not regulate the documentation required to prove this. The Seller recommends e.g., a receipt or a guarantee statement.)
20. The Seller recommends (but not demands) that the Buyer contacts the Seller via telephone or email before filing a guarantee complaint. The Seller then informs the Buyer about all essential procedural requirements of the guarantee and about the possibility of claiming a guarantee claim and the procedure:
• Telephone: +421(0)52 7768 212
• Email: email@example.com
21. The Seller hereby informs the Buyer about the possibility to use a guarantee claim form available on the website of the Seller.
22. During the guarantee period the Buyer can request a repair of the defect free of charge after delivering a guarantee claim notice and the product in question including all the accessories to the Seller. When claiming the liability for the defects of the purchased products it is sufficient that the Buyer proves that the product was bought from the Seller and the guarantee period has not yet expired. The legislation does not regulate the documentation required to prove this. According to the Civil Code §620, if the nature of the goods makes it possible, a receipt shall be sufficient, however, the Buyer can request and the Seller is to issue a written guarantee statement. It follows from the above that if the Seller does not describe other properties (in more detail) of the product in the guarantee statement as in the receipt nor offers a longer guarantee period than regulated by law, demanding both a receipt and a guarantee statement when filing a guarantee claim of a defective product is in some cases duplicate – in case the guarantee is claimed from the Seller, not the guarantee service stations. If the consumer claims the right for a repair of the defect or exchange of the defective product for a defect-free, a receipt from an electronic cash register is not required. The Seller cannot deny a guarantee claim if the Consumer proves that the defective product was bought from the Seller and the guarantee period has not expired.
23. A guarantee for an exchanged item: from the day of taking over a new item a new guarantee period starts.
24. The method of handling a guarantee claim: If the defect can be repaired, the Buyer has the right to have the defect duly repaired free of charge. The Seller is to repair the defect without undue delay.
25. The Buyer can request an exchange of the item instead of a repair, or if the defect affects only a part of the item, the Buyer can request an exchange of the part unless this generates undue costs to the Seller regarding the price of the goods or seriousness of the defect.
26. The Seller can always exchange a defective item for a defect-free item instead of repairing a defect unless it causes undue serious difficulties to the Buyer.
27. If the defect cannot be repaired and it inhibits the item from being properly used as a defect-free item, the Seller can request the item to be exchanged or can withdraw from the contract. The same rights apply to the Buyer if the defects can be repaired, however, the Buyer cannot properly use the item due to reoccurrence of the defect after the repair or due to multiple defects.
28. If the defects cannot be repaired the Buyer has the right for an adequate discount from the price of the item.
29. If the item is being sold for a discounted price or a used item has a defect that the Seller is not liable for, the Buyer has the right for an adequate discount instead of the right to exchange the item.
30. If the defect cannot be repaired, but it does not inhibit the item from being properly used, the Buyer has the right for an adequate discount.
31. If the Buyer has the right to exchange the goods or withdraw from the contract (get a refund) they can freely choose which one of these rights they want to exercise. The moment they choose one of these rights, they cannot unilaterally change this decision.
32. If the Consumer places a guarantee claim, the Seller or an employee or an authorized person appointed by the Seller is to inform the Consumer about their above-mentioned rights.
33. Determination of the method of settlement of a guarantee claim: The consumer chooses which of their rights they want to exercise and the Seller is to determine the method of settlement of a guarantee claim:
b. in complicated cases within 3 business days from placing a guarantee claim
c. in justified cases, especially if complicated technical evaluation of the goods or services is needed, within 30 days from the day of placing a guarantee claim.
34. The guarantee claim is settled immediately after determining the method of settlement of a guarantee claim; in justified cases even later, however within 30 days from the day of placing a guarantee claim.
35. In accordance with provision §18 (4) of the Consumer Protection Act the Seller is obliged to settle the guarantee claim within 30 calendar days regardless of the method the Buyer used to purchase the goods.
36. The settlement of a guarantee claim is considered: According to the letter m) of §2 of the Consumer Protection Act a settlement of a guarantee claim is understood as a termination of the guarantee proceedings by handing over a repaired product, an exchange of a product, a refund of the purchase price of the product, a payment of an adequate discount from the purchase price, a written notice to claim a consideration or its justified dismissal. According to §122 (1) of the Civil Code the period measured in terms of days starts from the day that follows the event that determines its beginning.
37. After the expiry of the deadline for the settlement of a guarantee claim the Consumer can withdraw from the contract of sales or can request an exchange of the product for a new one.
38. Filing a guarantee claim within 12 months from purchase: If the Consumer filed a guarantee claim within first 12 months of the guarantee period the Seller can only deny the guarantee claim based on a professional judgement. Regardless of the result of the professional judgement the Seller cannot demand the Consumer to pay for costs of the professional judgement, nor any other costs related to the professional judgement. The Seller shall provide a written copy of the professional judgement justifying the rejection of the guarantee claim within 14 days from the day the guarantee claim has been filed.
39. Filing a guarantee claim after first 12 months from purchase: If the Consumer filed a guarantee claim after 12 months from purchase and the Seller has rejected it, the person that has rejected the guarantee claim is to state the information on where the Consumer can send the product for professional judgement in the guarantee settlement documentation. If the product has been sent for a professional judgement to an appointed person, the Seller bears all the costs of the professional judgement and costs related to the professional judgement regardless of the result of the professional judgement. Shall the Consumer prove through a professional judgement that the Seller is liable for the defect the Consumer can place a guarantee claim again. While the professional judgement is being underway the guarantee period is suspended. The Seller is to pay the Consumer all properly incurred costs of the professional judgement and costs related to the professional judgement within 14 days from the day the guarantee claim is placed again. The guarantee claim that has been placed again cannot be denied.
40. Costs related to a professional judgement: If the Consumer sends the product to an appointed authorized person to be evaluated for a professional judgement, the Seller always bears all the properly incurred costs of the professional judgement and costs related to the professional judgement during the whole guarantee period regardless of the result of the professional judgement. However, if the product is sent to other than the appointed person, i.e., an expert or an authorized, notified, or accredited person, the Seller is to pay the costs of professional judgement as well as all the related properly incurred costs to the Consumer only if the professional judgement rules the Seller’s liability for the claimed defect and that is within 14 days from the day the guarantee claim is placed again.
41. A professional judgement shall include:
• identification of the person performing the professional judgement,
• exact identification of the product concerned (e.g., serial or factory number),
• description of the condition of the product,
• result of the judgement,
• date of performing of the professional judgement.
A professional judgement can be performed only by:
• an expert according to act 382/2004 Z. z. Zákon o znalcoch, tlmočníkoch a prekladateľoch (A law on experts, translators, and interpreters).
• An authorized, notified, or accredited person – according to §11(1), §2(1) letter f) and §22(4) of act 264/1999 and §15 of act 90/1998 Z.z.
• An authorized service station (a person authorized by the manufacturer to perform guarantee repairs).
42. The Seller is to issue a proof of guarantee claim for the Customer. A copy of the guarantee protocol is the proof. In this proof shall be stated the contact information of the Seller and the Consumer, a description of the defect and whether the Consumer requests a repair, an exchange, a withdrawal from the contract or a discount from the purchase price depending on the nature of the defect as well as the date of placing a guarantee claim.
43. If the Consumer places a guarantee claim remotely, e.g., telephonically, the Seller is to deliver the proof of guarantee claim to the Consumer as soon as possible, however, at latest with the guarantee receipt. The proof of guarantee claim does not have to be delivered if the Consumer has another possibility to prove placing the guarantee claim, e.g., an email.
44. The Seller is to issue a written receipt of the guarantee settlement within 30 days from the day of placing the guarantee claim. The written receipt is a copy of the guarantee protocol with the “guarantee claim settlement” field filled in, a written notice specifying the guarantee claim settlement or a text message or an email containing the information about the guarantee claim settlement with a written confirmation if it being sent.
45. After the settlement of the guarantee claim the guarantee period is extended by a period of time the claim took to be settled. If the guarantee calm has been settled by an exchange of the product, next possible guarantee claim shall be considered the first guarantee claim of the product.
46. Cooperation of the Buyer: The Buyer is to cooperate with the Seller, or the authorized service station, immediately to prove the existence of the claimed defect and its repair (including the adequate needed testing or dissemblance of the product). The Buyer is to also deliver the goods clean and in its proper packaging in accordance with the hygienic requirements or general hygienic rules including all its parts and accessories that enable such testing and repair.
47. The Buyer is to take over the product from the repair under guarantee within one month from the notice of the completion.
48. No legislation rules that the Seller is obliged to provide a substitute product to the Consumer while the guarantee claim is being settled.
49. A guarantee claim of a business customer:
• In accordance with law 250/2007 a consumer is a natural person who is not purchasing on behalf of a company, their own business activities, or a profession.
• In case of a business customer (not a consumer) this relationship follows the legislation of the Commercial Code, not the Consumer Protection Act nor the Civil Code.
50. The Seller informs the Buyer about the supervising authority, which is the Slovak Trade Inspection (Slovenská obchodná inšpekcia).
51. Slovak Trade Inspection as a supervising authority investigates whether all the legal requirements regarding the guarantee under the Consumer Protection Act have been met, not the merit of the guarantee complaints.
52. Other supervising authorities depending on the character of the goods or services offered via e-shop can also be:
• Government authorities in the field of public health and state veterinary and food administration
• The Department of Public Health of the Slovak Republic and regional public health departments
IX. Information on alternative dispute resolution online (RSO) for e-shop
1. Hereby the Seller informs the customers (the buyers) that act 391/2015 Z.z. about alternative consumer dispute resolution and amendments of some laws enters into force on 1 February 2016. The purpose of this law is to create a new possibility for the consumers to resolve their dispute with the Seller quickly, effectively, less formally and most importantly free of charge, or, with minimal expenses. The purpose is to achieve an amicable resolution, or an agreement between the Consumer and the Seller on the dispute resolution which becomes legally binding after the approval of both parties.
2. The alternative dispute resolution supervising authorities are the Regulatory Office for Network Industries (Úrad pre reguláciu sieťových odvetví), the Electronic Communications and Postal Regulation Authority (Úrad pre reguláciu elektronických komunikácií a poštových služieb) and the Slovak Trade Inspection. The Slovak Trade Inspection is also in position of a so-called residual subject, which means that Slovak Trade Inspection is authorized to also resolve such disputes which do not have other assigned supervising authority except of disputes arising from contracts for the providing of financial services.
3. In accordance with §11 of act 391/2015 about alternative consumer dispute resolution and amendments of some laws, the Consumer has the right to request a rectification if they are not satisfied with the settlement of the guarantee claim or if they suppose that the Seller has violated their rights. In case of a dispute with the Seller, after all the options to resolve the dispute have been exhausted, the Consumer has the right to turn to the alternative dispute resolution subject if the value of the dispute is more than 20€. This legislation applies to both domestic and cross-border disputes, i.e., disputes between a foreign consumer and a seller on the territory of the Slovak Republic.
4. The alternative dispute resolution subject closes the dispute within 90 days from its start and notifies the claimant about extending the period by 30 days (also repeatedly).
5. If the Consumer is not satisfied with the method of the settlement of their guarantee claim or their rights have been violated in other way by the Seller, the consumer has the right to place a complaint to the relevant authority. This does not exclude the possibility to resolve a dispute before the court of law. To ensure the dispute resolution runs smoothly, the Seller is obliged by the law to cooperate.
6. The alternative dispute supervising authority:
The Slovak Trade Inspection, Central Inspectorate, International relations and alternative consumer dispute resolution division, Bajkalská 21/A, P.O.Box č.29, 827 99 Bratislava 27, SR.
email: firstname.lastname@example.org, email@example.com
7. The complaint can be placed by a method in accordance with §12 of act 391/2015 Z.z. on alternative consumer dispute resolution and amendments of some laws and also electronically via the online dispute resolution platform (RSO) on the website https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks
8. Alternative dispute resolution is allowed only for natural person consumers, not for buying businesses. The dispute resolution is between a consumer and a seller who concluded a distance contract and whose dispute has a value over 20€.
9. The Seller hereby informs the buyers about the possibility to place individual requests, suggestions, claims and attempts to prevent disputes electronically on the email address: firstname.lastname@example.org
X. Protection of personal data and privacy
1. The Seller hereby informs the Buyer, that in accordance with art. 6 (1) b) of Regulation (EU) no. 2016/679 of the European Parliament and of the Council of 27 April 2016 on protection of individuals with regard to processing of the personal data and on the free movement of such data repealing directive 95/46/ES (general regulation on data protection), (hereafter “Regulation”), the Seller as the operator of the information system handles the personal information of the Buyer during the process of concluding a contract of sales without their consent as the person concerned since the handling of the personal data of the Buyer will be carried out by the Seller within the pre-contractual relations with the Buyer and handling of personal data is necessary for the fulfilment of the contract of sales in which the Buyer is one of the parties concerned.
2. A buyer that has created an account in the e-shop can check or change provided personal information at any time by signing in into the website of the e-shop in the section “Personal Information” and “Address”.
3. The parties of the contract have agreed that the Buyer who is a natural person is to provide the Seller their name and surname, permanent address including the postal code, phone number and email address in the order for the purposes of duly fulfilment and delivery of the order.
4. The parties of the contract have agreed that the Buyer who is a legal person is to provide the Seller their business name, address the business including the postal code, registered business number (IČO) and tax identification number (TIN), if they have one, phone number and email address in the order for the purposes of duly fulfilment and delivery of the order.
5. The Seller is bound to handle and process the personal information of the Buyer in accordance with the legislation of the Slovak Republic.
6. The Seller declares to handle personal information in compliance with the principles of morality and is to act in accordance with the Regulation and all other general binding legislations and is not to disregard them.
7. The Buyer has the right to change or cancel their permission to use their personal information for marketing purposes at any time in writing either electronically or via mail to the address of the Seller.
8. If the Buyer suspects their personal information being misused, they can place a complaint to the Data Protection Comission of Slovak Republic (Úrad na ochranu osobných údajov SR). If the person does not have a full legal capacity, their legal guardian can exercise their rights.
9. The Seller as the operator of the information system shall state other information regarding handling of the personal data in a separate section on the website concerned.
XI. Customer loyalty program
1. Definitions: Loyalty program is a system of granting points to the Buyer for purchases made. A loyalty point is a virtual value that is granted to the Buyer for a certain value of the purchase. A bonus account is a virtual account to which the points are credited and where the balance of points is kept. A period of protection is a period during which the loyalty points are blocked.
2. The loyalty program is strictly restricted to purchases online via the e-shop (www.htmodel.sk). It does not apply to the brick-and-mortar shop nor wholesale.
3. The participation of the Buyer in the loyalty program is voluntary, however, it is conditional to creating a customer account in the system of the e-shop via registration.
4. The Buyer that already has a customer registration is automatically included in the loyalty program.
5. The minimum purchase value required for the loyalty points to be granted is 5,00€ (incl. VAT). For the purchases of lesser value, no loyalty points are granted to the Buyer. For the purchases of higher value than 5,00€, the points shall be granted to the Buyer.
6. For each full 1,00€ of the purchase over the minimum value (including) the Buyer is granted 1 loyalty point to their bonus account.
7. The financial value of a loyalty point: 1 point = 0,05€.
8. Loyalty points are granted only for finished orders.
9. Bonus account balance: The Buyer can see the total amount of their loyalty points currently in their account after logging in to the system.
10. Applying the loyalty points: The Buyer can but does not have to choose the option to apply their loyalty points in a form of discount from a purchase in the process of making the current purchase.
11. Loyalty points can be applied in a form of a discount up to the maximum of 50% of the value of the purchase that the points are being applied to.
12. The Buyer cannot request a cash disbursement for the value of the loyalty points they have collected.
13. The Seller reserves the right to lay down a period of protection in the system for a suitable period of time. The loyalty points will be added to the Buyer’s bonus account after the period of protection has expired. If the Buyer withdraws from the purchase (a contract) during the period of protection, no loyalty points for the purchase concerned shall be granted to the bonus account of the Buyer.
14. The period of protection for granting the loyalty points is currently 21 days.
15. If a relevant guarantee claim of goods is settled through a refund of the purchase price, loyalty points for the purchase concerned shall remain unchanged on the bonus account of the Buyer.
16. The Seller reserves a right to grant extra loyalty points to the bonus account of the Buyer for example on occasion of an anniversary, etc. The Buyer does not have an automatic right to be granted extra loyalty points.
17. If the Seller does not make any purchases during a period of one year from the day of last purchase, all the collected loyalty points shall be deleted. After the period of one year from the day of last purchase has expired and the collected points have been deleted the entitlement to apply the deleted loyalty points in form of a discount expires.
General Terms of Sale are in force in the version published on the website of the Seller and has been approved by a relevant authority of the company.
The General Terms of Sale including the Guarantee Policy are valid from 1 February 2019.