General Terms & Conditions
1 These general terms and conditions (hereinafter referred to as “the Terms and Conditions”) are issued by:
Company ID: 44957521
Tax ID: 2022883247
VAT ID: SK2022883247
with registered office at: Jakubovo námestie 14, 811 09 Bratislava, Slovakia
registered at the District Court Bratislava 1, section: Sro, insertion: 60284/B
contact: Marek Dvorský, email: firstname.lastname@example.org, telephone: +421 905 484 035
(hereinafter referred to as “the Seller”)
2. These Terms and Conditions govern the mutual rights and obligations of the Seller and the natural person who concludes a purchase agreement outside his/her business activity as a customer or in the course of his/her business activities (hereinafter referred to as "the Buyer") through a web interface located at www.roflmagnets.com.
(hereinafter referred to as “the e-shop”).
3. These Terms and Conditions represent an integral part of the purchase agreement. The derogation arrangement in the purchase agreement takes precedence over the provisions of these Terms and Conditions.
4. These Terms and Conditions and purchase agreement are concluded in the Slovak language.
Information about products and prices
1. Information about products, including the price of individual products and their main features, are listed for individual products in the e-shop catalogue. The prices of products are stated including VAT, all associated fees and the cost of returning products if such products cannot be returned by standard postal route. Product prices remain valid for as long as displayed in the e-shop. This provision does not preclude the negotiation of a purchase agreement under individually agreed conditions.
2. All presentation of products in the e-shop catalogue is of an informative nature, and the Seller is not obliged to enter into a purchase agreement for such products.
3. Information about the costs associated with the packing and delivery of products is disclosed in the e-shop.
4. Any discounts on the purchase price of products cannot be combined, unless the Seller agrees otherwise with the Buyer.
Ordering and concluding a purchase agreement
1. Costs incurred by the Buyer in the use of remote means of communication related to the conclusion of the purchase agreement (costs of Internet connection and telephone calls) shall be borne by the Buyer. Such costs shall be in line with the standard rate.
2. The Buyer shall order products in the following ways:
· through own customer account if previously registered at the e-shop,
· completing the order form without registration.
The information provided through the order form serves solely for the need to provide a particular service, and will not be further provided to third parties or otherwise commercially exploited.
3. When placing an order, the Buyer shall select the products, the volume of products, and the manner of payment and delivery.
4. Prior to sending an order, the Buyer may check and change the data entered in the order. The Buyer shall send an order to the Seller by clicking "Binding order". The Seller shall consider the details as stated in an order to be correct. The condition of an order is to complete all required data in the order form, and for the Buyer to confirm that it has become acquainted with these Terms and Conditions.
5. As soon as the order is received, the Seller shall send the Buyer an acknowledgment of order receipt to the email address that the Buyer entered on the order. This acknowledgment shall be considered an agreement. The purchase agreement is considered concluded with the Seller's confirmation of the order sent to the Buyer's email address.
6. If a request specified in an order cannot be fulfilled by the Seller, the Seller shall send the Buyer an amended offer to the Buyer’s email. The amended offer shall be considered the new draft purchase agreement, and the purchase agreement is then concluded by the Buyer's confirmation of acceptance of the offer to the Seller to its email address stated in these Terms and Conditions.
7. All orders accepted by the Seller are binding. The Buyer may cancel the order until such time that the Buyer receives a notice of acceptance of the order by the Seller. The Buyer may cancel the order by email sent to the Seller's email, as stated in these Terms and Conditions.
8. In the event of a clear technical error on the part of the Seller concerning the price of products displayed in the e-shop or during the order, the Seller shall not be obliged to deliver the products to the Buyer for this clearly incorrect price. The Seller shall inform the Buyer of such error without undue delay and shall send the Buyer a revised offer to his/her email address. Such revised offer shall be considered a new draft purchase agreement, and such purchase agreement shall be concluded upon confirmation of receipt sent by the Buyer to the Seller’s email.
1. The Buyer can access his/her customer account based on the Buyer's e-shop registration. The Buyer can order products from such customer account. The Buyer can also order products without such registration.
2. When registering for a customer account and ordering products, the Buyer is obliged to provide all data correctly and truthfully. The Buyer must update any such details in the customer account in the event of any change. The Seller shall consider to be correct any details entered by the Buyer in the customer account and when ordering products.
3. Access to the customer account is secured by username and password. The Buyer shall be obliged to maintain confidentiality regarding the information necessary to access his/her 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 for third parties.
5. The Seller may cancel the customer account, especially in the case that the Buyer does not use his/her account for a longer time period or if the Buyer breaches his/her obligations under the purchase agreement and these Terms and Conditions.
6. The Buyer shall note that the customer account may not be continually available, especially with regard to the necessary maintenance of the Seller‘s hardware and software equipment, as well as the necessary maintenance of hardware and software equipment of third parties.
Payment terms and delivery
1. The Buyer may pay for the products and any costs associated with the delivery thereof under the purchase agreement in the following ways:
· bank transfer - upon receipt of your order, we will send you an account number and variable symbol. Pay for products in advance at our Tatra banka account. Money transfers between different banks usually take two days. Following receipt of payment on our account, we will dispatch the products and inform you of the expected delivery date. The package is only after dispatched after confirmed receipt of payment to the Seller's account.
· CardPay – payment/credit card - you can pay via Card Pay (payment via Tatra's virtual POS terminal) using VISA, VISA Electron, MASTERCARD, Maestro, Diners Club, and any other international bank card. First complete the order form with your personal details and confirm the type/quantity of ordered products. The order form does not include card data. After clicking on Binding order you’ll be redirected to the secure Tatrabanka website, enter your card details (card number, CV code, and expiry date) and confirm the amount in euros. You will then receive notification of successful payment.
2. As well as the purchase price, the Buyer shall pay the Seller costs associated with packing and delivery of products at the agreed amount. Unless otherwise expressly stated hereinabove, the purchase price also includes costs associated with the delivery of products.
3. In the case of non-cash payment, the purchase price shall be payable within 14 days from the conclusion of the purchase agreement.
4. If using a payment gateway proceed according to the respective e-payment provider’s instructions.
5. In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the respective amount is credited to the bank account of the Seller.
6. The Seller does not require any advance or other similar advance payment from the Buyer. Payment of the purchase price prior to dispatch does not constitute an advance.
7. The products are delivered to the Buyer at the address specified by the Buyer in the purchase order.
8. Costs of delivery depend on the method of dispatch, receipt of products are stated in the Buyer's order and in the order confirmation by the Seller. If method of dispatch is agreed upon by the Buyer as a special request, the Buyer shall bear the risk and possible additional costs associated with such method.
9. If under the purchase contract the Seller is obliged to deliver the products to the place specified by the Buyer in the order, the Buyer is obliged to take over the products upon delivery. If due to the Buyer's need the products are to be delivered repeatedly or other than specified in the order, the Buyer is obliged to pay the costs associated with such repeated delivery of products, or the costs associated with another delivery method.
10. When taking over the products from the carrier, the Buyer is obliged to check the integrity of packages and products and in the case of any defects immediately notify the carrier. In the event of tamper indication of unauthorized access to the cargo shipment, the Buyer shall not take over the products from the carrier.
11. The Seller will issue a tax document to the Buyer - an invoice. The tax document shall be sent to the Buyer’s email address.
12. The Buyer shall take over ownership of the products upon payment of the full purchase price for the products, including delivery costs, but not before taking-over the products. The Buyer shall assume responsibility for accidental loss, damage or destruction of products upon taking over the products, or when the Buyer was obliged to take over the products but failed to do so contrary to the purchase agreement.
1. The Buyer who has concluded a purchase agreement outside his/her business as a customer has the right to withdraw from the purchase contract without reason.
2. The withdrawal period shall be 14 days from:
· the delivery date of products,
· the date of receipt of the last delivery of products, if the subject of the agreement is several types of products or the delivery of several parts,
· the date of receipt of the first supply of products, if the subject of the agreement is a regular repeated delivery of products.
3. The Buyer cannot, inter alia, withdraw from the purchase contract:
· if the provision of services were satisfied with his/her explicit prior consent, prior to the withdrawal period, and the Seller had informed the Buyer before the conclusion of the contract that in that case he had no right of withdrawal and there is full provision of service,
· in the case of delivery of products which have been modified according to the Buyer's request, custom-made products, or products specifically intended for one buyer,
· in other cases mentioned in Section 7 (6) of Act no. 102/2014 Coll. regarding customer protection in respect of the sale of products or the provision of services on the basis of a distance contract or a contract concluded outside the vendor's premises in amendments of other regulations.
4. To comply with the deadline for withdrawal from the agreement, the Buyer must submit a notice of withdrawal within the withdrawal period of the agreement.
5. In order to withdraw from the purchase agreement, the Buyer may use the sample withdrawal form as provided by the Seller. The Buyer shall notify withdrawal from the purchase agreement to the Seller's email address or the delivery address specified in these Terms and Conditions. The Seller shall acknowledge receipt of the withdrawal form without delay.
6. The Buyer that withdraws from the agreement is obliged to return the products to the Seller within 14 days from contract withdrawal. The Buyer shall bear the costs of returning the products to the Seller, even in the case that the products due to their nature cannot be returned by standard postal service.
7. Should the Buyer withdraw from the contract, the Seller shall return - without delay not later than within 14 days of withdrawal - all the funds, including delivery costs, that the Seller received in the same manner. The Seller shall only return received funds to the Buyer in another manner if the Buyer so agrees and does not incur any additional costs in so doing.
8. Should the Buyer select other than the cheapest delivery manner that the Seller offers, the Buyer shall reimburse the Seller costs for the cheapest manner of delivering the products.
9. Should the Buyer withdraw from the purchase agreement, the Seller is not obliged to return received money to the Buyer until the Buyer hands over the products to the Seller or provides evidence of sending the products to the Seller.
10. The Buyer must return the products to the Seller undamaged, unopened and unsoiled, and if possible in the original packaging. The Seller is entitled to unilaterally offset the right to compensation for damages incurred to products against the Buyer's claim for repayment of the purchase price.
11. The Seller is entitled to withdraw from the purchase agreement due to the products being out of stock, unavailable, or when the manufacturer, importer or supplier of the products interrupts the production or import of the products. The Seller shall immediately inform the Buyer via the email address as stated in the order and within 14 days of the notice of withdrawal from the purchase agreement return all funds, including delivery costs, which the Seller received as per the agreement, in the same way or as specified by the Buyer.
Rights related to defective performance
· the products have the qualities as agreed by the parties, and if not, the products have the qualities that the Seller or producer described and on the basis of the Seller’s advertising,
· the products are fit for the purpose stated by the Seller or for which such products are usually used,
· the products correspond to the quality or performance of the agreed sample or original, if the quality or design was determined according to the agreed sample or original,
· the products are of the appropriate quantity or weight, and
· the products comply with legal requirements.
2. If a defect occurs within six months of receipt of products by the Buyer, the products shall be deemed to have been defective at the time of take over. The Buyer is entitled to claim rights for a defect that occurs with customer products within twenty-four months of taking over such products. This provision shall not apply to products sold at a lower price due to a defect for which the lower price was agreed, for the wear and tear caused by standard use, a defect corresponding to the degree of use or wear in the case of used products, which the products had at the time of takeover by the Buyer or if such results from the nature of the products.
3. In the event of a defect, the Buyer may submit a claim to the Seller and request that:
· if it concerns a defect that can be removed:
- free removal of the product’s defects,
- exchanging the products for new products,
· if it concerns a defect that cannot be removed:
- an appropriate discount on the purchase price,
- withdrawal from the agreement.
4. The Buyer has the right to withdraw from the agreement,
· if the products have a defect that cannot be removed and which prevents the item from being properly used,
· if the products cannot be properly used due to repeated defects or defects that persist after repair,
· if there are multiple defective products.
5. The Seller is obliged to accept the claim also at its registered office or place of business.
6. If the customer makes a claim, the Seller or its appointed employee or designated person is required to inform the customer of his/her rights arising from defective performance. On the basis of the customer's decision, which exercises his/her rights as a result of defective performance, the Seller or its authorized person or designated person is required to determine the method of claim handling without delay, in complicated cases within three working days from the date of the claim, in justified cases, particularly where a complicated technical assessment of the state of products is required, no later than 30 days after the claim date. After determining how the claim is to be handled, the claim including defect removal must be rectified immediately; in justified cases the claim may also be attended to later. Nevertheless, claim handling, including defect removal, may not take longer than 30 days from the date of the claim. The vain expiry of this period is considered a substantial breach of the agreement, and the Buyer has the right to withdraw from the purchase agreement or exchange the products for new products. The moment the claim is made is the moment that the Buyer's will (application of the right of defective performance) shall apply to the Seller.
7. The Seller shall inform the Buyer in writing of the outcome of the claim, no later than 30 days after the date of the claim.
8. The Buyer shall lose the right of defective performance in the event that the Buyer knew prior to the takeover of the products that the products were defective, or if the Buyer caused such defect him/herself.
9. In the event of a legitimate claim, the Buyer is entitled to a refund of the expenses incurred in connection with the claim. This right may be claimed by the Buyer from the Seller within one month after the expiry of the warranty period.
10. If there are options, the Buyer has the right to select the manner of claim and its performance.
11. The rights and obligations of the parties with regard to the rights of defective performance are governed by Sections 499 to 510, Sections 596 to 600, and Sections 619 to 627 of Act No. 40/1964 Coll. of the Civil Code as amended, and Act no. 250/2007 Coll., Customer Protection, as amended.
12. Additional rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller’s regulations.
1. The parties to the agreement may send all written correspondence by email.
2. The Buyer shall deliver the Seller's correspondence to the email address given in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer’s email address stated in his/her customer account or in the order.
Extrajudicial dispute resolution
1. The customer has the right to contact the Seller to request corrective action if dissatisfied with the manner in which the Seller has handled the claim, or if he/she considers that the Seller violated his/her rights. The customer has the right to bring an alternative (extrajudicial) dispute resolution if the Seller has replied to the request under the previous sentence or rejected it within 30 days of the date of sending. This is without prejudice to the customer's right to apply to a court.
2. The Slovak Trade Inspection (STI) has extrajudicial responsibility for resolving customer disputes resulting from purchase agreements. The STI has its registered office at Prievozská 32, 827 99 Bratislava, ID No.: 17 331 927, which can be contacted at the Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or by email at email@example.com or adr.@soi.sk. Website: https://www.soi.sk/. The online dispute resolution platform is http://ec.europa.eu/customers/odr which can be used to resolve disputes arising between a buyer and a seller in relation to a purchase agreement.
3. The European Customer Centre Slovakia with registered office at Mlynské nivy 44/a, 827 15 Bratislava, http://esc-sr.sk/ is the place of contact in accordance with Regulation (EU) No 524/2013 of the European Parliament and the Council of 21 May 2013 on customer dispute resolution online and on amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC (Regulation on Customer Dispute Resolution online).
4. The Seller is authorized to sell products under a trade license. Trade inspection is performed by the relevant District Office of the Trade Licensing Branch within its competence. The Slovak Trade Inspection carries out, inter alia, the supervision of the observance of Act no. 250/2007 Coll. on customer protection as amended.
1. All arrangements between the Seller and the Buyer are governed by the law of the Slovak Republic. If the relationship established by the purchase agreement contains an international component, the parties agree that the relationship shall be governed by the law of the Slovak Republic. This does not affect the Buyer'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 Act no. 250/2007 Coll. on customer protection as amended.
3. All rights pertaining to the Seller's website, in particular content copyright, including the layout of pages, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or its part without the Seller's prior consent.
4. The Seller shall not be liable for any errors resulting from third-party interference with the e-shop or as a result of the use thereof contrary to its intended purpose. Buyers may not use procedures that may have a negative impact on the e-shop‘s operation, and may not engage in any activity that could allow them or third parties to tamper with or misuse software or other components of the e-shop or use the e-shop or its parts or software in a manner contrary to its purpose or intention.
5. The purchase agreement including the Terms and Conditions is archived by the Seller in e-form and is not publicly available.
6. The Terms and Conditions may be amended or changed by the Seller. This provision is without prejudice to the rights and obligations that arise during the validity period of the previous version of the Terms and Conditions.
7. The claim form can be found in the Claim Conditions section of the Seller’s website: www.roflmagnets.com
These Terms and Conditions shall take effect on May 1, 2018.