General commercial terms for legal entities
These general commercial terms determine the main principles and principles of business relations between JTECHNIK Ltd., as a seller and its consumers and are an integral part of purchase contracts, unless the parties agree otherwise.
I. Definition of terms
1.1 “The company JTECHNIK Ltd.” or “the seller” represents the trading company JTECHNIK Ltd. with registered office at Poľnohospodárska street 322/20, 911 06 Trenčín, Slovakia, CRN: 47 013 770, TRN: 2023743865, VATIN: SK2023743865, registered in the Commercial Register of the District Court Trenčín, section: Sro, insert no. 27908/R, email address: info@tosspareparts.com, phone number: +421 944 004 112.
1.2 “Consumer” represents a natural person – an entrepreneur or a legal person who entered into a commercial relationship with JTECHNIK by confirming the issued order.
1.3 “Product” – represents all goods listed in the valid price list of JTECHNIK.
II. Preamble
2.1 These general terms and conditions are valid and binding for the sale of all JTECHNIK goods.
2.2 These general terms and conditions are an integral part of contracts concluded pursuant to Act No. 513/1991 Coll. (Commercial Code) as amended, part of sales documents other than contracts and part of accounting documents of JTECHNIK.
III. Ordering and delivery of goods
3.1 The consumer orders goods from the seller through a written order or another form of order, which will contain information according to point 3.2 of these general terms and conditions.
3.2 Because of inevitable accounting operations, each order must contain:
a) for a natural person – entrepreneur (self-employed): business name, full address of the place of business, contact person, telephone number or other contact information necessary for possible communication, CRN, TRN, VATIN*, exact definition of products, amount, method of payment, method of product delivery,
b) for a legal person: business name, full address of the place of business, contact person, telephone number or other contact information necessary for possible communication, CRN, TRN, VATIN*, exact definition of products, amount, method of payment, method of product delivery,
*if the consumer is registered for VAT.
3.3 JTECHNIK places orders into the system in the sequence in which they arrive.
3.4 After sending the order, JTECHNIK confirms the order and informs the consumer about the date when the products will be delivered or ready for personal collection. This confirmation of the order creates a sales contract between the seller and the consumer.
3.5 The seller allows the consumer to use one of the following methods of delivery of the products
- a) delivery of products by transport service (courier),
- b) personal collection of the products by the consumer.
3.6 Unless stated otherwise, the seller’s place of sale and performance where the consumer takes over the products in person is the handling area of the JTECHNIK company’s point of sale (e.g. loading ramp, attached pallet, etc.).
3.7 The seller can deliver the products to the consumer also via third parties.
3.8 When products are delivered by a transport service (courier), JTECHNIK will cover the products by insurance at own expense. The consumer is obliged to thoroughly check if the delivered products are correct and complete.
3.9 When using the transport service, the products and tax documents are handed over to the transport service. After receiving the products, the consumer confirms the delivery note to the employee of the transport company, who delivers it to JTECHNIK.
3.10 In case of personal collection, the consumer must check if the order is correct and complete and confirm it by signing the seller’s delivery note.
3.11 The products are packed and secured by JTECHNIK or directly by the manufacturer. When receiving the products, the consumer is obliged to check if they are intact and complete and confirm it on the waybill.
3.12 JTECHNIK is responsible for the products until they are taken over by the consumer. The products are considered to be taken over by the consumer from the moment when JTECHNIK allows the consumer, his representative or the carrier (who is considered to be the consumer’s representative, regardless of who pays the transport costs or insurance of the products during transport) to physically handle the products at JTECHNIK’s premises or in another place with which JTECHNIK agrees.
3.13 The seller will send the products or prepare them for personal collection within 7 working days since order confirmation, if the products are in stock. If the products are not in stock, the seller will send the products or prepare them for personal collection usually within 4 weeks from the date of order confirmation. The seller reserves the right to exceed the delivery deadline if his supplier’s delay prevents the timely delivery of the goods.
3.14 If the consumer is late for personal collection, the seller can charge a storage fee of 0.1% of the purchase price of the goods for each day of delay.
IV. Prices
4.1 The prices for the products offered by the seller are set on his website https:// tosspareparts.com /. These prices are binding for the seller and the consumer from the moment the order has been sent by the consumer.
4.2 The prices for the products are stated in “EUR” and are without VAT / including VAT. If the text with VAT is not displayed for some products, the prices are displayed without VAT.
V. Reservation of ownership
5.1 The consumer only acquires ownership of the products after full payment of the entire purchase price.
VI. Terms of payment
6.1 JTECHNIK allows you to use one of the following payment methods:
a) payment on delivery
b) payment on advance invoice
c) payment on invoice
6.2 payment on delivery: With this payment method, the consumer pays the purchase price for the products upon receipt of the products from the carrier in cash or by card.
6.3 payment on advance invoice: With this payment method, the consumer only receives the products after payment of the deposit.
6.4 payment on invoice: With this payment method, the goods are delivered to the consumer without prior payment. The consumer is obliged to pay the purchase price for the products within the time period specified on the invoice. The date of the invoice payment is considered the day when the financial means were credited to the seller’s bank account. If the consumer is late with the payment of the purchase price for the products when paying on invoice, the seller is entitled to charge him interest on the delay in the amount of 0.03% of the price of the products for each day of delay.
VII. Rights and obligations of the seller and the consumer
7.1 At the time of the order confirmation, the seller is obliged to deliver the products specified in the order to the consumer’s address or to another place specified by the consumer in the order, or to prepare the products for personal collection by the consumer at the premises of JTECHNIK’s point of sale.
7.2 The seller is obliged to deliver the ordered products or prepare them for personal collection by the consumer within the collection period and in the sense of the provisions according to point 3.13 of these general terms and conditions.
7.3 The consumer is obliged to pay the purchase price for the purchased products according to Art. IV of these general terms and conditions.
7.4 If the consumer’s payment of the purchase price for the products is delayed, the seller has the right to charge interest on the delay according to point 6.5 of these general terms and conditions.
7.5 If the consumer’s personal collection of products is delayed, the seller has the right to charge a storage fee according to point 3.14 of these general terms and conditions.
7.6 Regardless of other provisions, JTECHNIK shall not be responsible for the consumer’s lost profit, loss of opportunity or any other indirect or consequential loss incurred in any way.
7.7 The seller is bound to deliver only products that comply with the standards, rules and regulations valid on the territory of the Slovak Republic, which will be suitably packed so that they cannot be damaged during transport.
VIII. Cancellation fees
8.1 The consumer is bound to pay the seller a cancellation fee in the amount of €14 in the case of dispatch of the products to the consumer, if the customer does not take over the products from the carrier according to the conditions specified in the delivery method, unless both parties agree otherwise.
IX. Warranty periods and complaints procedure
9.1 Unless specified otherwise, the delivered products are covered by a 12-month warranty. The warranty period begins on the day the products are handed over to the consumer.
9.2 Claims can only be made on products purchased and fully paid for at JTECHNIK.
9.3 When making a claim, the consumer is obliged to deliver the claimed products clean, mechanically undamaged in the original packaging, including manuals, installation media, a copy of the delivery note and warranty letter or invoice to the claim technician.
9.4 When handing over the prodcuts for a claim, it is necessary to fill in the “Complaint Record”.
9.5 A valid warranty claim is free of charge. If the complaint is unjustified , the consumer is obliged to pay the costs arising from the resolution of this complaint.
9.6 The seller will issue a claim receipt document to the consumer. The claimed products must also include a copy of the warranty card and invoice, or other proof of purchase and payment of the products to the seller.
9.7 The seller is obliged to process the claim within 30 days from the day of receiving the products for the claim.
9.8 The company JTECHNIK reserves the right to extend the time for handling complaints for products that need to be sent to the manufacturer for repair, for the time necessary for this repair.
X. Warranty and post-warranty service
10.1 The company JTECHNIK is not responsible and will not take care of the conditions set for warranty claims in case of malfunctions caused by unqualified service, the use of non-original or reconditioned consumables, unprofessional intervention in the device, getting a virus in the device or in case of any other violation of the warranty conditions detected by the seller’s service technician. At the same time, the consumer is bound to reimburse JTECHNIK for all costs related to the possible removal of a defect that was not qualified as a warranty, if the consumer was informed in advance about this fact and about the price for the removal of a non-warranty defect.
XI. Force majeure
11.1 None of the contracting parties is responsible if the contract cannot be performed due to force majeure.
11.2 A force majeure event is considered to be an event which the parties of the contract could not have foreseen and which they could not have prevented despite using the highest possible professional care, and which is independent of their will, in particular war, rebellion, strike, fire, flood, earthquake and others.
11.3 If such an event according to point 11.2 of these general terms and conditions occurs, the contracting parties are obliged to notify each other of this fact without undue delay.
11.4 The occurrence of unexpected production or distribution failures releases JTECHNIK from the agreed obligations.
XII. Personal Data Protection
12.1 All personal data provided by the consumer as part of the product order through the online store https:// tosspareparts.com/ are collected, processed and stored in accordance with Act no. 122/2013 Coll. on personal data protection and amending and supplementing certain Acts (hereinafter referred to as Act No. 122/2013 Coll.).
12.2 The consumer’s personal data are provided when filling out the order form on the JTECHNIK website or when using other means of communication for the purpose of concluding a purchase contract between the seller and the consumer.
12.3 The seller only obtains personal data from the consumer which are necessary for the realization of the sale and delivery of the product to the consumer by one of the delivery methods specified in point 3.5 of these general terms and conditions.
12.4 In accordance with Act no. 122/2013 Coll., by sending the order or by concluding a purchase contract, the consumer gives the consent to the seller to processing, collection and storage of his personal data to the extent necessary for the realization of the sale and delivery of the product to the consumer for the purposes of concluding a purchase contract, processing orders and related communication with the consumer, but also after the successful completion of the order for the purposes of fulfilling the contract and keeping relevant records (e.g. when dealing with complaints, accounting, etc.), until his written disagreement with this processing. The consumer has the right to access his personal data, the right to correct and update it, including other legal rights to this data. The seller does not provide, publish or make the consumers’ personal data available to any other person, with the exception of companies providing transportation of products, to which personal data of consumers are transferred in the minimum extent necessary for the purpose of proper delivery of products.
12.5 According to Act no. 122/2013 Coll., the consumer has particularly the following rights in connection with the processing of personal data:
a) require confirmation about processing or not processing his personal data,
b) require information in a generally comprehensible form about the processing of personal data in the information system to the extent according to points (a) to (e) 2 – 6 of Art 15 (1); when issuing a decision according to (5), the person concerned is entitled to become familiar with the procedure for processing and evaluating operations,
c) require accurate information about the source from which he obtained his personal data for processing in a generally comprehensible form
d) require a list of personal data that are the subject to processing in a generally comprehensible form,
e) require the correction or disposal of incorrect, incomplete or outdated personal data that are the subject of processing,
f) require the disposal of personal data, the purpose of which has ended; if official documents containing personal data are the subject of processing, their return can be requested,
g) require the liquidation of personal data which are the subject of processing in case of violation of law,
h) require the blocking of personal data due to consent withdrawal before the expiration of their validity period, if the administrator processes personal data based on the consent of the person concerned.
Based on a written request, the consumer has the right to object against:
a) the processing of personal data, which he assumes are or will be processed for the purposes of direct marketing without his consent, and to request their liquidation,
b) the use of personal data referred to in point (d) of Art. 10 (3) for the purposes of direct marketing in postal communication, or
c) provision of personal data referred to in point (d) of Art. 10 (3) for the purposes of direct marketing.
12.6 As an administrator, the company JTECHNIK, is obliged to maintain confidentiality of the personal data it processes. The confidentiality obligation continues even after the processing of personal data has ended.
XIII. Final provisions
13.1 Legal relationships and conditions that are not specifically regulated in these general business conditions are governed by the relevant provisions of the Commercial Code.
13.2 These general terms and conditions can only be changed in a written form.
13.3 In the case of disputes arising from legal relations between the consumer and the company JTECHNIK, the competent and local court is authorized to act and decide. However, the contracting parties undertake to resolve disputes arising from their contractual relations preferably by agreement.
13.4 These conditions enter into force and effect on March 15, 2019.
General terms and conditions for consumers
I. General provisions
1. These general terms and conditions govern the rights and obligations of the contracting parties resulting from the purchase contract concluded between the seller, which is
I. Basic data
Seller:
JTECHNIK, Ltd., Poľnohospodárska street 322/20, 911 06 Trenčín, CRN: 47 013 770, TRN: 2023743865, VATIN: SK2023743865, account number: SK60 8330 0000 0029 0153 6442, registered in the Commercial Register of the District Court Trenčín, section: Sro, insert no. 27908/R
Contacts:
Phone: + 421 944 004 112
E-mail: info@tosspareparts.com
(hereinafter referred to as the “Seller”)
and
consumer, the subject of which is the purchase and sale of products on the seller’s e-commerce website.
Supervisory authority:
Slovak Trade Inspection for the Region of Trenčín, Hurbanova street 59, 911 01, Trenčín
Address for claims, withdrawal from the contract, suggestions and complaints:
JTECHNIK, Ltd., Poľnohospodárska street 322/20, 911 06 Trenčín, info@tosspareparts.com
II. Subject of contract
The general terms and conditions are an integral part of the purchase contract. If the seller and the consumer enter into a written purchase contract in which they agree on terms deviating from the general terms and conditions, the provisions of the purchase contract will take precedence over the general terms and conditions.
The subject of the contract are only items explicitly mentioned in the purchase contract – order. Quantity, dimensions, properties, prices, and other data contained on the seller’s website, in catalogs, leaflets and other printed materials are binding data.
The seller undertakes to supply the consumer with:
– products without defects in accordance with the specification or with the characteristics usual for the given type of products,
– products complying with standards, rules and regulations valid on the territory of the Slovak Republic,
– products equipped with Slovak manuals for operation and use, safety warnings, warranty cards and lists of post-warranty repair shops, if this is common for the given type of products.
The contracting parties agreed that by sending an order to the seller, the consumer confirms that he accepts that these general terms and conditions and their articles and provisions will apply to all purchase contracts concluded on any e-commerce website operated by the seller, based on which the seller will deliver the products presented on the website in question to the consumer (hereinafter referred to as the “purchase contract”) and to all relations between the seller and the consumer, arising in particular when concluding a purchase contract and claiming products.
III. Order cancellation
Order cancellation by the consumer:
The consumer has the right to cancel the order without giving a reason at any time before its binding confirmation. The consumer has the right to withdraw from the contract, the subject of which is the delivery of products, even before the expiry of the withdrawal period.
If the seller timely and properly provided the consumer with information about the right to withdraw from the contract according to point (h) Art. 3 (1) of Act No. 102/2014 Coll., the consumer is entitled to withdraw from a contract concluded at a distance or from a contract concluded outside the seller’s premises within 14 days from the day of taking over the products, even without stating a reason.
The seller will exercise the right to damage compensation mainly in the case of the purchase of “custom-tailored” goods , which had to be procured at the request of the consumer or in the event that demonstrable costs have already been incurred in connection with securing the products. The cancellation fee can be up to the purchase cost of the products.
Order cancellation by the seller:
The seller reserves the right to cancel the order or its part in the following cases:
– the order could not be confirmed bindingly (wrong phone number, unavailable consumer, consumer does not respond to e-mails, etc.).
IV. Method of concluding a purchase contract
1. The purchase contract is concluded by the seller’s binding acceptance of the consumer’s proposal to conclude a purchase contract (order) by an e-mail message from the consumer sent to the seller or by a form filled and sent by the consumer on the seller’s website or in the form of a telephone order from the consumer to the seller (hereinafter referred to as the “order” ).
2. Binding acceptance of the consumer’s order by the seller is a telephone or e-mail confirmation or a confirmation through a private message by the seller to the consumer about the acceptance of the order after the previous acceptance of the order by the customer, marked as “order confirmation”.
3. The binding acceptance of the order contains the name and specification of the products, the sale of which is the subject of the purchase contract, furthermore the price of the products and/or other services, the name and specification of the place where the products are to be delivered and the price, conditions, method and date of transportation of the products to the agreed place of delivery to the consumer, or other data.
V. Rights and obligations of the seller
1. The seller is obliged to:
a. deliver the products to the consumer in the agreed quantity, quality and date and pack them or equip them for transport in a manner necessary for their preservation and protection, based on the order confirmed by the seller,
b. to ensure that the delivered products meet the obligations prescribed by the valid legal regulations of the Slovak Republic,
c. no later than together with the products, hand over all the written or electronic documents to the consumer which are necessary for taking over and using the goods and other documents prescribed by valid legal regulations (properties of the products, instructions for assembly, operation, use, maintenance, safety warnings in the Slovak language, form for withdrawal from the contract, warranty certificate/if requested by the consumer, or if the seller provides a longer warranty period than the legal warranty period/proof of purchase of products).
2. The seller has the right to proper and timely payment of the purchase price from the consumer for the delivered products.
VI. Rights and obligations of the consumer
1. The consumer is entitled to withdraw from the contract without stating a reason in writing within fourteen days (Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on the basis of a distance contract or a contract concluded outside the seller’s premises) from the day of taking over the products or concluding a service provision contract. By withdrawing from the contract by the consumer, the contract is cancelled from the beginning.
2. The consumer shall return the products to the seller within fourteen days from the date of withdrawal from the contract, regardless of whether the products have been used or have defects. The cost of returning the products is borne by the consumer.
3. The consumer is obliged to:
a. take over purchased or ordered products,
b. to pay the seller the agreed purchase price within the agreed due date, including the costs of delivering the products,
c. to confirm receipt of the products with his signature or with the signature of a person authorized by him.
4. The consumer has the right to the delivery of products in the quantity, quality, date and place agreed by the contracting parties in the binding acceptance of the order.
VII. Terms of Delivery
1. Methods of products delivery
Products can be delivered in the following way:
– delivery by courier
– personal collection at the agreed time (JTECHNIK, Ltd., Area of KOVONA, 201, 913 11 Trenčianske Stankovce)
2. Payment
The consumer is obliged to pay the seller the purchase price of the products agreed in the purchase contract at the time of concluding the purchase contract, including the costs of delivery of the products (hereinafter referred to as the “purchase price”) according to Act No. 18/1996 Coll. as amended in the form of:
– cash or by card directly to the courier, deliverer,
– non-cash transfer to the seller’s account.
3. If the consumer pays the seller the purchase price by non-cash transfer, the date of payment is considered the day when the entire purchase price was credited to the seller’s account IBAN: SK60 8330 0000 0029 0153 6442, VS: order number.
4. The consumer is obliged to pay the seller the purchase price for the agreed products within the period according to the purchase contract, but no later than upon taking over the products.
5. If the consumer pays the seller the purchase price for the products agreed in the purchase contract, the consumer is only entitled to withdraw from the purchase contract and demand the return of the purchase price in accordance with the valid legal regulations of the Slovak Republic.
6. If the consumer withdraws from the purchase contract after handing over the products to a third party for the transport of the products, the seller is entitled to reimbursement of costs from the consumer for ordering and transporting the products.
7. If the consumer does not pay the seller the full purchase price when taking over the products, the contracting parties have agreed that the seller is entitled to withdraw from the purchase contract and demand compensation from the consumer for the costs incurred for ordering and delivering unpaid products.
8. The costs associated with delivery are not included in the purchase price of the products and the seller is not obliged to provide these services to the consumer.
9. The prices of products listed on the seller’s website are valid at the time of ordering the products. The prices listed in the seller’s printed price list are valid until a new price list is issued.
10. The purchase price will be considered paid by crediting the entire purchase price to the seller’s account, in case of payment by transfer to the seller’s account, or by paying cash to the courier.
11. The seller reserves ownership of the products until the full payment of the purchase price.
12. The purchase document issued based on the purchase contract between the seller and the customer is also a tax document.
13. Takeover of the products by the consumer is usually only possible after full payment, unless agreed otherwise .
14. The cost of transporting the products is added to the price of the products, as stated above in point 7.2.
15. The products are sold according to the displayed samples, catalogues, type sheets and samplers of the seller located on the website of the seller’s electronic store.
16. Unless the seller and the consumer agree otherwise, the seller is obliged to send the consumer’s order within 14 days of its delivery if the products are in stock. If the products are not in stock, the seller will send the products or prepare them for personal collection usually within 4 weeks from the date of order confirmation. The seller reserves the right to exceed the deadline for the delivery of products if the supplier’s circumstances prevent the timely delivery of the products.
17. The consumer will take over the products at the place indicated in the acceptance of the consumer’s order by the seller.
18. Quantity, dimensions and other properties of products contained in catalogues, prospects and other seller’s documents located on the seller’s e-commerce website are binding data.
19. The place of delivery of the products is the place indicated in the acceptance of the order by the seller, unless the contracting parties agree otherwise in the purchase contract.
20. If the seller delivers the products to the consumer to the place designated by the consumer in the purchase contract, the consumer will take over the products personally or ensure that the products are taken over by a person whom he authorizes in case of his absence to take over the products specified in the purchase contract and sign the protocol about the delivery and handover of the products. The third party authorized to take over the products specified in the purchase contract is obliged to submit the original or a copy of the purchase contract and the proof of payment for the products and a written authorization to the seller. If it is necessary to repeat the delivery of the products due to the absence of the consumer at the place specified in the purchase contract, all costs incurred will be covered by the consumer, in particular the repeated delivery of the products to the destination specified in the purchase contract. The products are considered delivered at the moment of delivery of the products to the address indicated in the binding acceptance of the order and taken over at the moment of physical acceptance of the products by the consumer, or by his authorized representative or by refusing to accept the products, which the carrier indicates in the protocol of the delivery and handover of the products.
21. The consumer checks the shipment immediately after delivery. If the consumer discovers that the packaging of the products is mechanically damaged, he shall notify the carrier of this fact. The consumer may decide to not accept the products in damaged packaging. The transport of the products is provided by the seller. In the event that damaged products are delivered, the consumer files a claim for the products to the seller, or withdraws from the contract.
23. If the seller does not fulfill the contract because he cannot deliver the ordered products or provide the service, he is obliged to inform the consumer immediately and return the price paid for the products or the advance payment within 14 days, if the seller and the consumer do not agree on alternative fulfillment. If the seller and the consumer do not agree on alternative fulfillment, the seller is obliged to compensate all documented costs that the consumer spent on ordering products or services. In the case of alternative fulfillment, the seller is obliged to supply the consumer with products or provide a service of the same quality and price.
VIII. Passing of ownership and risk of damage to the products
The ownership of the products is only passed to the consumer after full payment of the entire purchase price for the products.
IX. Copyright
Copyright is governed by Act no. 185/2015 Coll. Copyright law
X. Personal and payment data and their protection
1. The contracting parties have agreed that if the consumer is a natural person, he is obliged to notify the seller of his first and last name, address of permanent residence including zip code, telephone number and email address.
2. The contracting parties have agreed that if the consumer is a legal entity, he is obliged to notify the seller of his business name, address, including zip code, CR number, TR number, VAT number, telephone number and email address.
3. The consumer declares that he agrees for the seller to process and store his personal data, in accordance with Act 8/1018 on personal data protection, as amended, especially those listed above and/or which are necessary for the seller’s activities and to process them in all his information systems.
The seller undertakes to handle and dispose of the consumer’s personal data in accordance with the valid legal regulations of the Slovak Republic.
The consumer gives the seller such consent for a period of 5 years. Consent to the processing of personal data can be revoked by the consumer at any time in writing.
4. The seller does not come into contact with information about payment cards or information about login names or passwords or codes entered by consumer when paying for products. Payment gateway operators are fully responsible for the protection of this data.
XI. More information about the processing of personal data
See, URL
XII. Withdrawal from Contract
1. The consumer is entitled to withdraw from the purchase contract within 14 days from the day of taking over the products without giving a reason in accordance with section Art. 7 (1) of Act no. 102/2014 Coll. on consumer protection on sale of goods or provision of services based on distance contracts and off-Premises contracts, as amended.
The seller is obliged to take over the products and return the price paid for the products to the consumer within 14 days from the date of delivery of the withdrawal from the contract and from the return of the products to the seller. The cost of returning the products is borne by the consumer. The consumer cannot withdraw from the contract, the subject of which is:
a) service provision, if it began with the explicit consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the full service provision.
b) the sale of products or the service provision, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the period for withdrawing from the contract,
c) sale of products made according to the special requirements of the customer, custom-made products or products intended specifically for one customer,
d) sale of products that are subject to rapid quality reduction or deterioration,
e) sale of products enclosed in protective packaging, which are not suitable for return due to health protection or for hygienic reasons and whose protective packaging was broken after delivery, Page 8 Collection of Laws of the Slovak Republic 102/2014 Coll.
f) sale of products which, due to their nature, may be inseparably mixed with other products after delivery,
g) the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, the delivery of which cannot be carried out earlier than 30 days later, and the price of which depends on the price movement on the market that the seller cannot influence,
h) performance of urgent repairs or maintenance that the consumer has explicitly requested from the seller; this does not apply to service contracts and contracts the subject of which is the sale of products other than spare parts necessary for repair or maintenance, if they were concluded during the seller’s visit to the consumer and the consumer did not order these services or products in advance,
i) sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging,
j) the sale of periodicals, with the exception of sales based on a subscription agreement and the sale of books not supplied in protective packaging,
k) provision of accommodation services for a purpose other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed deadline,
l) provision of electronic content other than on a physical medium, if its provision began with the explicit consent of the consumer and the consumer declared that he was properly informed that by expressing such consent he loses the right to withdraw from the contract.
2. The consumer shall withdraw from the contract in writing. Before withdrawing from the purchase contract according to the preceding point of these general terms and conditions, the consumer shall state his identification, the number and date of the order, the exact specification of the products, the way in which the seller should return the received payment, especially the account number and postal address.
At the same time as withdrawing from the purchase contract, the consumer is obliged to present/send the products to the seller together with accessories, including documentation, instructions, warranty card, original proof of payment. If the consumer withdraws from the contract and presents/sends to the seller products that could have been reasonably used, the products are undamaged and complete in the packaging, the seller will return the paid purchase price for the products stated in the binding acceptance of the order within 14 days from the date of delivery of the withdrawal from the purchase contract to the seller by non-cash transfer to the consumer’s account designated by the consumer.
3. In case of a valid withdrawal from the contract, the seller will return the purchase price to the consumer, including the costs incurred by the consumer in connection with ordering and delivery of the products, if the consumer submits written documents on the costs incurred in connection with ordering together with the products to the seller.
Products that fully meet the quality requirements are considered the products of the same or similar characteristics as those listed in the offer on the seller’s website.
XIII. Preservation of confidentiality
The consumer is obliged to unconditionally maintain the confidentiality of all information that is made available to him in connection with deliveries from the seller, and which he can clearly consider with respect to the circumstances, to be a trade or company secret and which are to be kept confidential, with the exception of information known from public sources.
XIV. Final provisions
1. The seller reserves the right to change these general terms and conditions. The obligation to notify of changes in these general terms and conditions in writing is fulfilled by placing them on the website of the seller’s electronic store.
2. If the purchase contract is concluded in written form, any change to it must be in written form.
3. The contracting parties have agreed that communication between them will be carried out in the form of e-mail messages.
4. The relevant provisions of the following laws and regulations apply to relationships not regulated by these general terms and conditions:
a. Act no. 102/2014 Coll. on consumer protection in relation to sales of goods or provision of services based on distance or off-premises contracts amending certain laws,
b. Act no. 22/2004 Coll. on electronic commerce and amending and supplementing Act no. 128/2002 Coll. (as amended),
c. Act no. 250/2007 Coll. on consumer protection and amendments to Act of the Slovak National Council No. 372/1990 Coll. on offenses (as amended),
d. Act no. 40/1964 Coll. Civil Code (as amended).
5. These general terms and conditions become effective for the consumer upon conclusion of the purchase contract.
6. If the consumer withdraws from the contract, he will bear the costs of returning the products to the seller according to Art. 10 (3) of the Act, and if he withdraws from the contract concluded at distance, also the costs of returning the products, which cannot be returned by post due to their nature.
7. The consumer is obliged to pay the seller the price for the actual provided performance according to Art 10 (5) of the Act, if the consumer withdraws from the contract for services after having given the seller explicit consent according to Art. 4 (6) of the Act.
8. The seller adheres to the code of conduct, and the consumer can familiarize himself with them by email request from the seller.
INSTRUCTION ON EXERCISING THE CONSUMER’S RIGHT TO WITHDRAW FROM THE CONTRACT
1. Right to withdraw from the contract.
You have the right to withdraw from this contract without stating a reason within 14 days.
The period for withdrawing from the contract expires after 14 days from the day of taking over the product.
When exercising the right to withdraw from the contract, inform us of your decision to withdraw from this contract by a clear statement (for example, by a letter sent by post, fax or e-mail) to the address: info@tosspareparts.com.
For this purpose, you can use form, the form for withdrawing from the contract, which can be found on the page: LINK
The withdrawal period is preserved if you send a notice of exercising the right to withdraw from the contract before the withdrawal period expires.
2. Consequences of withdrawal from the contract
After withdrawing from the contract, we will return all payments you made in connection with the conclusion of the contract, especially the purchase price, including the costs of delivering the products to you. This does not apply to additional costs if you have chosen a different type of delivery than the cheapest standard delivery method we offer. Payments will be returned to you without undue delay within 14 days from the day we receive your notice of withdrawal from this contract. The return payment will be made in the same way in which your payment was made, if you did not explicitly agree on another payment method, without charging any additional fees. Payment for the returned products will be paid to you only after the returned products have been delivered back to our address.
3. If you are interested, you can fill out and send a sample form for withdrawing from the contract or any other clear declaration of withdrawal from the contract electronically via our website: HERE. If you use this option, we will immediately confirm the withdrawal from the contract on a durable medium (for example by e-mail).
4. Send the products back to us or bring them to our address within 14 days from the day of exercising the right to withdraw from the contract. The period is considered to be kept if you send the products back before the 14-day period has expired. You are only responsible for any reduction in the value of the products as a result of handling them in a manner other than necessary to determine the nature, properties and functionality of the products.
5. The information provided in this instruction forms an integral part of a contract concluded at a distance or a contract concluded off the seller’s premises and can only be changed with the explicit consent of both parties of the contract.
6. By sending the order and pressing the “order with obligation to pay” button, the consumer explicitly confirms that he was aware of the obligation to pay the price as a part of the order.
7. Immediately after the conclusion of the contract concluded at a distance, the seller provides the consumer with a confirmation of the conclusion of the contract on a durable medium no later than with the delivery of the products.
The confirmation includes:
– all information listed in Art. 3 (1) of the Act if the seller did not provide this information to the consumer on a durable medium before the conclusion of the distance contract.
8. The consumer may withdraw from the contract, the subject of which is the delivery of products, even before the period for withdrawing from the contract.
9. The consumer can exercise the right to withdraw from the contract with the seller according to Art. 7 (1) of the Act in paper form or as a record on another durable medium; if the contract was concluded orally, any clearly worded statement by the consumer expressing his will to withdraw from the contract is sufficient to exercise the consumer’s right to withdraw from the contract. The consumer can use the contract withdrawal form provided by the seller.
10. The deadline for withdrawal from the contract is considered to have been kept if the notice of withdrawal from the contract was sent to the seller no later than the last day of the deadline according to Art. 7 (1) of the Act.
11. The burden of proof for exercising the right to withdraw from the contract lies with the consumer.
Obligations of the seller when withdrawing from the contract
1. Based on the contract or in connection with it, the seller is obliged to return to the consumer all payments received from him including the costs of transport, delivery and postage expenses and other costs and fees without undue delay and within 14 days from the date of delivery of the notice of withdrawal from the contract; this does not affect the provisions of Art. 8 (5) of the Act.
2. The seller is obliged to return the payments to the consumer according to section 1 in the same way as the consumer used for his payment. This does not affect the consumer’s right to agree with the seller on another payment method, if no additional fees are charged to the consumer in connection with this.
3. The seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a different delivery method than the cheapest usual delivery method offered by the seller. Additional costs mean the difference between the cost of delivery chosen by the consumer and the cost of the cheapest common delivery method offered by the seller.
4. If the products were delivered to the consumer’s home at the time of the conclusion of the contract, based on a contract concluded outside the seller’s premises, and due to their nature, it is not possible to send the products back to the seller by post, the seller is obliged to arrange the collection of the products at his own expense within the period according to section 1.
5. In case of withdrawal from the contract, the subject of which is the sale of products, the seller is not obliged to return the payments to the consumer according to section 1 before the products are delivered to him or until the consumer proves that the products have been sent back to the seller, unless the seller suggests that he collects the products in person or through an authorized person.
Obligations and rights of the consumer when withdrawing from the contract
1. The consumer is obliged to send the products back or hand them over to the seller or a person authorized by the seller to take over the products within 14 days from the date of withdrawal from the contract. This does not apply if the seller proposes to pick up the products personally or through a person authorized by him. The deadline according to the first sentence is considered observed if the products were handed over for transport no later than the last day of the deadline.
2. The consumer is entitled to deny the seller the return of the products he acquired based on the contract concluded during or in connection with the purchase until when the seller returns the price paid or the advance payment for the products or service to the consumer.
3. When withdrawing from the contract, the consumer only bears the costs of returning the products to the seller or the person authorized by the seller to take over the products. This does not apply if the seller has agreed to bear them himself, or if he has not fulfilled the obligation according to point (i) of Art. 3 (1) of the Act.
4. The consumer is only responsible for the decrease in the value of the products, which occurred as a result of such handling of the products, which is beyond the scope of the handling necessary to determine the properties and functionality of the products. The consumer is not responsible for a decrease in the value of the products if the seller has not fulfilled the information obligation about the consumer’s right to withdraw from the contract according to point (h) of Art. 3 (1) of the Act.