I. Basic provisions
1. These general terms and conditions (further only „business conditions“) are issued by:
M.Sc. Miroslav Hagara
Business ID: SK51 734 079
VAT number: SK1121545832
Adress and post code: Banky 450, Diviaky nad Nitricou 972 25
Email - firstname.lastname@example.org
Telephone and Whatsapp number: +421 950 730 705
(further only „seller“)
2. These terms and conditions regulate the mutual rights and obligations of the seller and the individual, who enters into a purchase contract outside his business as a consumer, or within his business (further only: „buyer“) via the web interface located on the website available at the internet address www.4x4parte.com (further only „e-shop“).
3. The provisions of the terms and conditions are an integral part of the purchase contract. The deviating arrangement in the purchase contract takes precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in the English language (or in Slovak language).
II. Information about goods and prices
1. Information about the goods, including the price of individual goods and their main properties are given for individual goods in the online store catalog. The prices of the goods are stated including value added tax, all related fees and costs for the return of the goods, if the goods cannot, by their nature, be returned by the usual postal route. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.
3. Information on the costs associated with the packaging and delivery of goods is published in the online store.
4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller agrees with the buyer otherwise.
III. Order and conclusion of the purchase contract
1. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself. These costs do not differ from the basic rate.
2. The buyer can order the goods by these ways:
- through the customer account, if the buyer has previously registered in the online store,
- by filling out the order form without registration.
3. When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the button "confirm". The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and confirmation from the buyer that he has read these terms and conditions.
5. The order is accepted within 24 hours, the order confirmation is sent to the buyer's email.
6. In the event that any of the requirements specified in the order cannot be met by the seller, he will send the amended offer to the buyer's email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by the buyer's confirmation of acceptance of this offer to the seller to his email address specified in these terms and conditions.
7. All orders received by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The Buyer may cancel the order by telephone at the seller's telephone number or by e-mail to the seller's email, both specified in these terms and conditions.
8. In the event that there is an obvious technical error on the side of the seller, when stating the price of goods in the online store or during the order, the seller is not obliged to deliver the goods to the buyer for this obviously incorrect price, even if the buyer already received an automatic confirmation of receipt of orders according to these terms and conditions. The seller informs the buyer about the error without undue delay and sends the amended offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in this case the purchase contract is concluded by a confirmation of acceptance by the buyer to the email address of the seller.
IV. Customer account
1. Based on the buyer's registration made in the online store, the buyer can access to his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.
2. When registering in the customer's account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the customer's account and in orders are considered correct by the seller.
3. Access to the customer's account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access to his customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not entitled to allow the use of the customer account to third parties.
5. The seller may cancel the user account, especially if the buyer does not use his user account for longer, or if the buyer violates its obligations under the purchase agreement and these terms and conditions.
6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or necessary maintenance of third party hardware and software.
V. Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer can pay by the following ways:
- cashless (bank) transfer to the bank account of the seller listed in section Contact,
- cashless payment by card,
- cash on delivery upon receipt of the goods,
- in cash or by credit card for personal collection at the our store,
- in cash or by credit card for personal collection from the courier.
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the contractual amount. Unless expressly stated otherwise below, the purchase price also includes the cost associated with the delivery of goods.
3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of concluding the purchase contract.
4. In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the time of crediting the relevant amount to the bank account of the seller.
6. The seller does not require any advance or other similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not a deposit.
7. According to the Act on the Registration of Sales, the seller is obliged to issue a cash receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, in the event of a technical failure then within 48 hours at the latest.
8. The goods are delivered to the buyer:
- to the address specified by the buyer in the order
- by means of a consignment to the address of the consignment specified by the buyer,
- personal collection at the seller's premises.
9. The choice of delivery method is made during the ordering of goods.
10. The costs of delivery of goods, depending on the method of sending and taking over the goods, are specified in the buyer's order and in the order confirmation by the seller. If the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
11. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, resp. costs associated with another method of delivery.
12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event of a breach of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.
13. The seller will issue a tax document - invoice to the buyer. The tax document is sent to the buyer's email address./ The tax document is attached to the delivered goods.
14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for accidental loss, damage or destruction of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
VI. Withdrawal from the contract
1. Buyer, who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract without giving a reason.
2. The period for withdrawal from the contract is 14 days
- from the day of taking over the goods,
- from the date of taking over the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
- from the day of taking over the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
3. Among other things, the buyer may not withdraw from the purchase contract in the cases specified in § 7 par. 6 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller, as amended.
4. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period to the email or post address of the seller specified in these terms and conditions. The seller will confirm receipt to the buyer immediately.
5. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
6. If the buyer withdraws from the contract, the seller shall immediately return, but no later than 14 days after the withdrawal from the contract, the funds received from him for the goods, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if the buyer does not incur additional costs.
7. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.
8. The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
9. The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller shall immediately inform the buyer via the email address specified in the order and return within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.
VII. Defective performance rights
1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
- the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the seller or producer with regard to the nature of the goods and on the basis of advertising by the seller,
- the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
- the goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity or weight and the goods comply with the requirements of legal regulations.
2. If the defect manifests itself within six months of receipt of the goods by the buyer, it is considered that the goods were defective at the time of receipt. The buyer is entitled to exercise the rights from a defect that occurs in the consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to second-hand goods for a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or by the nature of the goods.
3. In the event of a defect, the buyer can submit a complaint to the seller and request it:
- if it is a defect that can be remedied:
- free removal of defect of goods,
- exchange of goods for new goods,
- if it is a defect that cannot be remedied:
- reasonable discount from the purchase price,
- withdraw from the contract.
4. The buyer has the right to withdraw from the contract,
- if the goods have a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defects,
- if he cannot use the goods properly due to the recurrence of the defect or defects after repair,
- if he cannot use the goods properly due to a large number of defects in the goods.
5. The seller is obliged to accept the complaint in any establishment where it is possible to accept the complaint, or in the registered office or place of business.
6. If the consumer files a complaint, the seller or an employee authorized by him or a designated person is obliged to inform the consumer about his rights arising from the defective performance. Based on the consumer's decision on the rights arising from defective performance, the seller or his authorized employee or designated person is obliged to determine the method of handling the complaint immediately, in complex cases no later than three working days from the date of application.
7. The settlement of the complaint, including the elimination of the defect, may not take longer than 30 days from the date of the complaint. The expiration of this period in vain is considered a serious breach of contract and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of the complaint is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller..
8. The right from complaint performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
9. The buyer has the choice of the method of complaint and its equipment, if there are several options.
10. The rights and obligations of the contracting parties with regard to the rights arising from the complaint are governed by § 499 to 510, § 596 to 600 and § 619 to 627 of Act no. 40/1964 Coll. Of the Civil Code as amended and Act no. 250/2007 Coll., about consumer protection, as amended.
11. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.
1. The Contracting Parties may deliver all written correspondence to each other by electronic mail.
2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
IX. Out - of - court dispute resolution
1. The consumer has the right to turn to the seller for redress if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. The consumer has the right to file a motion to initiate alternative (out-of-court) dispute resolution with the out-of-court entity if the seller has responded to the request under the previous sentence in the negative or has not responded within 30 days from the date of dispatch. This is without prejudice to the consumer's ability to go to court.
2. The Slovak Trade Inspection Authority, with its registered office, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract, their adress is: Prievozská 32, 827 99 Bratislava, Business ID: SK17331927, which can be contacted for this purpose at the address of the Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically on email@example.com or firstname.lastname@example.org. Internet address: https://www.soi.sk/. An online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used in resolving disputes between the seller and the buyer under the purchase agreement.
3. European Consumer Center Slovak Republic, with its registered office at Mlynské Nivy 44/A, 827 15 Bratislava, internet address: http://esc-sr.sk/ is the contact point under the Regulation of the European Parliament and of the Council (EU) no. 524/2013 from 21st May 2013 on the resolution of consumer disputes online and amending the Regulation (ES) no. 2006/2004 and regulation 2009/22/ES (online consumer dispute resolution regulation).
4. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant District Office of the Trade Licensing Department. The Slovak Trade Inspection Authority, to a limited extent, supervises compliance with the Law no. 250/2007 from the Consumer Protection Act as amended.
X. Final provisions
1. All arrangements between the seller and the buyer are governed by the laws of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties have agreed that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer's rights under generally binding legislation.
2. The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of the Law no. 250/2007 from the Consumer Protection Act as amended.
3. All rights to the seller's website, in particular the copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
4. The seller is not responsible for errors caused by third party intervention in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.
5. The purchase contract, including the business conditions, is archived by the seller in electronic form and is not publicly available.
6. The wording of the terms and conditions may be amended or supplemented by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
These terms and conditions take effect on 30th of November 2021.