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Terms of services

 

General Terms and Conditions of the online store (e-shop)

Article I.

Definitions

  1. The operator of the website (e-shop) is Merch s.r.o., with registered office at Slávičia 10, 903 01 Senec.
  2. The seller is Merch s.r.o., with registered office at Slávičia 10, 903 01 Senec (full details are provided in the contacts). 
    1. The supplier of goods and services offered in the e-shop www.fckthem.com is the company Merch s.r.o., with registered office at Slávičia 10, 903 01 Senec (full details are provided in the contacts).    
  3. The buyer is any visitor of the e-shop who has created an order via the e-shop. For the purposes of Act No. 102/2014 Coll., a consumer means a natural person or a legal entity that does not purchase goods for the purpose of resale to other persons, for the purpose of business, or the performance of employment or profession.
  4. The e-shop is a computer system located on the internet with public access that enables the ordering of goods or services.
  5. Goods or a service means all products published on the e-shop pages.
  6. An order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including the complete completion of the order form.
  7. The buyer fully acknowledges electronic communication, primarily via the e-shop, e-mail communication as well as telephone communication.

 

Article II.

Price

  1. All listed prices for goods are final incl. VAT. The seller is a VAT payer.
  2. The seller is bound by the price stated on the e-shop page at the time of purchase.

 

Article III.

Order

  1. An order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including the complete completion of the order form.. For proper processing of the order, it is necessary to fill in the required information in the order and choose the shipping and payment options for the ordered goods or services.
  2. By submitting the order, the buyer agrees with the price of the ordered goods and services, and therefore the order becomes binding for the consumer.
  3. By confirming the order by the seller, a purchase contract is formed, which may be amended, cancelled, or supplemented only on the basis of mutual agreement between the buyer and the seller, unless the law or another legal regulation provides otherwise.
  4. After creating an order in the e-shop, the buyer is automatically generated an e-mail confirming receipt of the order by the e-shop. This e-mail is not a confirmation of the goods within the meaning of para. 3 of this article.
  5. By sending the order, the buyer is bound to pay the purchase price of the ordered goods.

 

Article IV.

Payment terms

  1. Goods and services in the e-shop may be paid for in the following ways:
    1. cash on delivery (you pay directly to the courier / at the post office upon receipt of the goods)
    2. payment based on a payment request – in advance; the goods will be dispatched after the funds are received in our account,
  2. A gift voucher represents a prepaid amount of funds that the buyer may use for a purchase subject to the availability of free prepaid funds. The voucher validity date is stated on it. The nominal value of the gift voucher can be agreed with the buyer.
  3. Surcharges for individual payment options are stated in Art. VI of these general terms and conditions.
  4. The seller may provide the buyer with discount options:
    1. a discount from the price for registration in the e-shop,
    2. a discount for a repeat purchase,
    3. a discount based on a one-time discount coupon,
  5. Provided discounts cannot be combined.

 

Article V.

Delivery terms

  1. The seller is obliged to send the goods to the buyer within 30 days from the formation of the purchase contract, unless agreed otherwise, or unless a longer delivery period was stated for the goods.
  2. If the goods are in stock, they are dispatched as soon as possible according to capacity.
  3. If the order contains multiple goods and services and some of them are not in stock, we will inform the buyer about this along with options for partial deliveries.
  4. The invoice (tax document) is sent exclusively electronically, pursuant to Act No. 222/2004 on value added tax, § 71 para. 1 letter b) in PDF format, and only after payment for the order has been received.
  6. The place of performance is considered the place to which the goods are delivered.
  7. The seller arranges delivery to the buyer through:

                           a.     the post,

                           b.     a courier company.

 

Article VI.

Shipping fees, packing, and payment options

  1. Information about the amounts of shipping fees and fees for payment services can be found in the section Shipping and payment terms
  2. The seller may also agree with the buyer on a procedure other than the standard (above-mentioned) procedure for sending goods or services as well as prices for these services.
  3. The seller may send the goods that are immediately available to the buyer and deliver the remaining part of the order additionally within the statutory period, however provided that the buyer will not be charged any additional postage except that which was included in the order.

 

Article VII.

Transfer of ownership

  1. Ownership passes from the seller to the buyer only at the moment of payment of the full price for the subject of the purchase contract.
  2. For goods or services still subject to the seller’s ownership, the seller reserves the right, in the event of a complaint filed by the buyer, to handle it only at the moment of full payment of the subject of the purchase contract.

 

Article VIII.

Cancellation of the purchase contract

  1. The buyer has the right to cancel the ordered goods or service within 24 hours from the formation of the purchase contract without a cancellation fee

 

Article IX.

Consumer’s right to return goods without giving a reason and consumer instructions

  1. Under Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller’s business premises and on amendments to certain laws (hereinafter the “Act”), pursuant to § 7 et seq., the consumer has the right to withdraw from the purchase contract within 14 calendar days from the day of receipt of the goods. If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract even before the delivery of the goods.
  2. If the consumer wishes to exercise this right, they are obliged to deliver a written withdrawal from the purchase contract in person no later than on the last day of the specified period to the seller’s contact address, or hand over this withdrawal for postal transport no later than on the last day of the period to the address stated in the contacts. After notifying withdrawal from the contract, the consumer is obliged to send or deliver in person the subject of the contract from which they withdraw together with all documentation – e.g. the original invoice, instructions and other documentation for the goods that was delivered together with the goods – no later than 14 days from the day of withdrawal (§10 para. 1 of the Act). We recommend that buyers make a copy of the invoice for their own use and send the goods by registered mail and as an insured shipment. You may use the following form to withdraw from the contract: Withdrawal from the purchase contract, in which it is necessary to fill in at least the data marked with “*” – an asterisk. (http://www.nakupujbezpecne.sk/docs/form/odstupenie%20od%20zmluvy.pdf).
  3. Do not send the goods to us cash on delivery; such goods will not be accepted.
  4. The operator of the e-shop will refund the paid performance for the goods/service including delivery costs pursuant to §9 para. 3) of Act No. 102/2014 Coll. as well as costs demonstrably incurred in ordering the goods within 14 days from the day of delivery of the withdrawal from the contract; however, it need not refund money earlier than when the goods are delivered to it or the consumer proves that the goods were sent, this does not apply if the seller proposed to pick up the goods themselves.
  5. The costs of returning the goods are borne by the consumer. 
  6. The right to withdraw from the contract does not apply to goods and services defined in §7 para. 6 letters a) to l) of Act No. 102/2014 Coll.
  7. The consumer bears any reduction in the value of the goods that was caused by their use beyond what is necessary to determine the functionality and properties of the goods.

 

Article X.

Rights and obligations of the contracting parties

  1. The contracting parties are considered to be the seller and the buyer.
  2. The buyer is obliged to:
    1. take delivery of the ordered goods,
    2. pay the agreed remuneration for the goods to the seller,
    3. check the integrity of the packaging and also the goods themselves upon receipt.
  3. The seller is obliged to:
    1. deliver the goods to the customer in the required quality, quantity and at the agreed price,
    2. together with the goods or additionally send the customer all documents for the goods, such as an invoice for the goods, a complaint form, operating instructions in the codified form of the Slovak language.

 Article XI.

Personal data protection

  1. Personal data are processed in accordance with Act No. 122/2013 Coll. on personal data protection, as amended.
  2. The operator does not provide the buyer’s personal data to a third party, except to the shipping company for delivery of goods or services, or to state authorities in the event of an inspection.
  3. The operator obtains the following personal data from the buyer: title, first name, last name, address, delivery address, phone number, e-mail address.  
  4. The personal data you provide are processed for the purpose of proper processing of your order.
  5. The operator is obliged to secure personal data against access by unauthorized persons, which are processed in the security directive.
  6. If the buyer agreed to the processing of personal data upon registration in the e-shop for marketing purposes, they agreed to the sending primarily of e-mail messages to the contact e-mail address, telephone contact, or sending addressed mail to the contact address.
  7. The buyer may withdraw their consent at any time in writing by sending a Withdrawal of consent to the processing of personal data, whereupon we immediately block or dispose of these. And on our side, we will no longer use the personal data you provided for marketing purposes.
  8. Personal data are processed in accordance with European legislation and the "GDPR" regulation, set out on the specified page.

 

Article XII.

Contractual penalty

  1. The seller reserves the right to impose on the buyer a contractual penalty in the amount of €5 (in words: five euros) in the event that a purchase contract was formed which they did not cancel or withdraw from and they did not pick up the goods from the carrier, and thus it was returned back to the seller, or they were called upon by the seller to take over the goods and they did not take over the goods, as they violated the provisions in Art. X point 2, letter a.
  2. This contractual penalty includes shipping costs as well as other costs of the seller related to non-fulfilment of the purchase contract.

 

Article XIII.

Final provisions

  1. The seller reserves the right to change and supplement these general terms and conditions and complaint conditions without prior notice to the buyer. In the event of a change to the general terms and conditions or complaint conditions, the entire purchase process is governed by those general terms and conditions that were valid at the time the order was sent by the buyer, and these are accessible on the seller’s website.
  2. An inseparable part of these general terms and conditions are also the complaint conditions.
  3. By sending the order, the buyer has read the general terms and conditions as well as the complaint conditions and agrees with their wording.
  4. These terms were prepared within the framework of the e-shop certification project nakupujbezpecne.sk
  5. These general terms and conditions and complaint conditions are available at the company’s registered office for inspection by buyers and are also published on the e-shop website.
  6. Relationships not otherwise regulated in these general terms and conditions as well as in their inseparable parts (appendices) are governed by the relevant provisions, in particular Act No. 40/1964 Coll., Act No. 250/2007 Coll., Act No. 102/2014 Coll., Act No. 122/2013 Coll., Act No. 22/2004 Coll., as well as Act No. 513/1991 Coll.
  7. These general terms and conditions, including their inseparable parts, become valid and effective on 15 June 2014.
  8. If the consumer is not satisfied with the way the seller handled their complaint or if they believe that the seller violated their rights, they have the option to contact the seller with a request for remedy. If the seller responds to the request for remedy negatively or does not respond within 30 days from the day it was sent, the consumer has, pursuant to § 12 of Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes and on amendments to certain laws, the right to submit a proposal to initiate alternative dispute resolution of their dispute. The competent entity for alternative resolution of consumer disputes with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or another competent authorized legal entity entered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s), while the consumer has the right to choose which of the listed entities of alternative dispute resolution of consumer disputes to contact. The consumer may also use the online dispute resolution platform to submit a proposal for alternative resolution of their dispute, which is available at http://ec.europa.eu/consumers/odr/. Information about fees for the proposal can be found by the consumer on the websites of the specific alternative dispute resolution entity. 

 

 

 

In Senec, 01 January 2017 

 

                                                                                                          Ladislav Menyhart

                                                                                                          company executive

 

 

 

 

Complaint conditions of the online store (e-shop)

an inseparable part of the general terms and conditions

 

  1. Only goods that were purchased from the seller and that are owned by the buyer may be claimed.
  2. If ownership has not yet passed from the seller to the buyer, the buyer, pursuant to applicable legislation, may process the claim only after full payment pursuant to § 151 of the Civil Code.
  3. If the buyer is a consumer (a natural person who does not act within the scope of their business activity, employment or profession), a warranty of 24 months is provided for all offered goods unless otherwise stated for the goods, and the procedure is in accordance with the Consumer Protection Act and the Civil Code. If the buyer is not a consumer, the procedure is in accordance with the provisions of the Commercial Code and the warranty period is 1 year. The warranty period begins on the day of receipt of the goods from the shipping company or directly from the seller if the buyer collects the goods in person on the day of receipt.
  4. The buyer is obliged to assert the claim without undue delay with the seller, i.e. immediately after discovering the defect.
  5. Liability for defects does not apply to defects caused by the following use:
    1. the defect occurred due to mechanical damage to the product caused by the buyer,
    2. improper handling of the product in a manner other than that stated in the instructions for use,
    3. use of the goods in conditions that do not correspond, by their humidity, chemical and mechanical effects, to the natural environment of the goods,
    4. neglect of care and maintenance of the goods,
    5. damage to the goods by excessive loading,
    6. use of the goods contrary to the conditions stated in the documentation, general principles, technical standards or safety regulations, or other breach of the warranty conditions.
  6. Defects that arose due to a natural disaster are also excluded from liability for defects.
  7. Liability for defects also does not apply to normal wear and tear of the goods (or parts thereof) caused by use of the goods. A shorter service life of the product therefore cannot be considered a defect and cannot be claimed.
  8. The claimed goods must be sent to our address stated below, but not cash on delivery. The goods must be suitably packed so that they are not damaged during transport and we recommend sending the goods by registered mail, or as an insured shipment. A copy of the proof of purchase (invoice) must be attached to the goods and we recommend attaching a completed Complaint form. (The complaint must be sent exclusively in writing (by post).
  9. The seller will confirm receipt of the complaint and issue the buyer a confirmation of the assertion of a complaint regarding the goods in an appropriate form. The day the complaint is asserted is considered the day of its delivery to the seller. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the document on settlement of the complaint. The confirmation of settlement of the complaint will be sent in writing.
  10. The seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the day the complaint was asserted. In justified cases, especially if complex technical assessment of the goods is required, no later than within 30 days from the day the complaint was asserted. After determining the method of handling the complaint, the seller will handle the complaint immediately; in justified cases, the complaint may also be handled later. However, settlement of the complaint must not be longer than 30 days from the day the complaint was asserted. After expiry of the 30-day period for settlement of the complaint, the buyer has the right to withdraw from the purchase contract and the full amount for the goods will be refunded to them, or they have the right to exchange the goods for new ones.
  11. Buyer’s rights when asserting a complaint:
    1. in the case of a removable defect, the buyer has the right for it to be removed free of charge, properly and in time. The seller decides on the method of removing the defect. The buyer may request, instead of repair of the defect (repair), replacement of the defective item with a defect-free one, if this does not cause the seller disproportionate costs in view of the price of the goods or the seriousness of the defect,
    2. in the case of an irremovable defect that prevents proper use of the item for the given purpose, the buyer has the right either to replacement of the item or to withdrawal from the purchase contract (refund).
    3. a complaint is considered settled if the complaint procedure ends by handing over the claimed goods, their replacement or refund of the purchase price of the goods, a written request to take over the performance or its justified rejection.
  12. Non-damage to the goods, respectively the integrity of the packaging (according to the instructions when receiving the goods) must be checked upon receipt of the goods, as the goods may be damaged during transport; we recommend buyers unpack the goods and inspect them in the presence of the carrier. By your signature to the courier you declare that the packaging is undamaged.
  13. These complaint conditions are an inseparable part of the general terms and conditions, and the seller reserves the right to change them at any time without prior notice to the buyer.
  14. Contact address for sending complaints: Merch s.r.o., P.O.BOX 208, 903 01 Senec, Slovak Republic,  If you have any questions, we are also available at the e-mail shop@fckthem.com

 

In Senec, 01 October 2016