Terms and Conditions

Content:

1.       General provisions

2.       Concluding the contract of purchase

3.       Rights and obligations of the seller

4.       Rights and obligations of the buyer

5.       Delivery and payment terms

6.       Purchase price

7.       Acquisition of ownership and the transfer of the risk of damaging goods

8.       Returns policy (responsibility for defects, warranty, returns)

9.       Personal data and its protection

10.   Rescission of contract of purchase

11.   Final provisions

 

1.       General provisions

 

1.1.  These general provisions govern the rights and obligations of the parties of the contract of purchase concluded  between a seller – Markéta Kelbelová – KELBEL agility with the firm domicile Chmeľníky 34, 04016 Košice-Myslava, ID:  501 329 54, hereinafter referred to as „seller“, and a buyer, relating to the purchase and sale of goods on the seller´s website of an e-shop.

 

Contact information of the seller: Markéta Kelbelová

 

e-mail: info@kelbelagility.sk

 

Telephone number: +421 917 430 886

 

Address: Chmeľníky 34, Košice-Myslava, 04016

 

Bank connection:  IBAN SK1083300000002400525067 SWIFT FIOZSKBAXXX

 

1.2. The parties of the contract of purchase agreed that the buyer by sending an order to the seller agrees that these general Terms and Conditions and its provisions will apply to all contracts of purchase concluded at any website of the e-shop, which is operated by the seller, pursuant to which the seller will deliver to the buyer the goods presented  on the website (the „the contract of purchase“), and to all relations between the buyer and the seller established in particular when concluding the contract of purchase  and returns of the goods.

 

1.3.  General Terms and Conditions are an inseparable part of the contract of purchase. In the event that the seller and the buyer conclude the written contract of purchase, in which they agree the different conditions from the general Terms and Conditions, provisions of the contract of purchase will take the precedence over the general Terms and Conditions.

 

1.4.  The list of goods presented on any website operated by the seller is a catalog of commonly delivered goods and the seller does not guarantee the immediate availability of all the goods. Product availability will either be directly referred for a given product or confirmed after the question of the buyer.

 

2.       Concluding the contract of purchase

 

2.1. The contract of purchase is concluded by seller´s binding acceptance of the proposal of the buyer to conclude the contract of purchase in the form of an e-mail sent by the buyer to the seller and/or in the form of a telephone order from the buyer to the seller (the „Order“).

 

2.2. The seller´s e-mail confirmation of the acceptance of the order after the previous receipt of the order by the buyer and after verification of the availability of the goods, current prices and the delivery date required by the buyer labeled as „the order confirmation“ is the binding acceptance of the order of the buyer. In the event of finding the higher price, the seller has an obligation to request an agreement to the change of price from the buyer according to the current price list before the confirmation of the order. Contractual relationship is considered concluded only after the consent to the change of price from the customer and after the subsequent order confirmation (acceptance) by the seller. All prices of goods and services and all charges in e-shop include VAT.

 

2.3. Notification of the receipt of the order to the electronic system of the seller, which the buyer will receive on his e-mail address immediately after sending the order, is executed automatically and is not considered to be the binding acceptance of the order. The Notification is only information about the receipt of the order of the buyer. All the other information about buyer´s order will be sent to his e-mail address if necessary.

 

2.4. The binding acceptance of the order contains the information about the name and the specification of the product, whose sale is the subject of the contract of purchase, further an information about the price of goods and/or other services, an information about the delivery time of the goods, the name and details of the place, where the goods will be delivered, and details about price, conditions, method and the date of delivery of goods to the named place of delivery of the goods, details about the seller (trade name, firm domicile, identification number, etc.) or other data.

 

2.5.  The buyer can deliver the notification, that he cancels the order, via e-mail or telephone to the seller within 24 hours from the delivery of the order. The buyer has an obligation to state in the notification of the cancellation the name, e-mail and the description of the ordered goods. In case of the cancellation of the order the seller does not charge to the buyer any fees associated with the cancellation. If the buyer has paid the purchase price or the part of it to the seller before the cancellation of the order, the seller reimburse the paid purchase price or its part to the bank account of the buyer within 7 days from the cancellation of the order, unless the contractual parties agree a different way of returning the purchase price.

 

3.       Rights and obligations of the seller

 

3.1. The seller is obligated

 

1.       to deliver the goods on the basis of the confirmed order by the seller to the buyer in the agreed quantity, quality and time and to pack it or arrange it for the transport in the way which is needed for its protection.

2.       to ensure that the delivered goods comply with an existing legislation of Slovakia

3.       to deliver all necessary documents for the use of goods and other documents prescribed by the existing legislation (instruction in Slovak language, warranty certificate, delivery slip, invoice,  in written or electronic form at latest with the goods.

 

3.2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.

 

3.3. The seller has the right to cancel the order, if due to a sellout or unavailability of the goods is unable to deliver the goods to the buyer within the time limit set by these terms Terms and Conditions or in the price, that is stated in e-shop, unless the customer agrees the compensation. About the cancellation of the order will customer be informed by telephone or e-mail and in case of payment of the purchase price or the part of it his funds will be returned within 15 days to his bank account, unless he agrees with the seller otherwise.

 

3.4. The company Markéta Kelbelová –KELBEL agility reserves the right to identify the identity of the buyer or the person designed to take over the goods at the personal reception of the goods in its store at Chmeľníky 34 in case that the delivery of goods is paid in advance by the buyer by the bank transfer or the bank card.

 

4.       Rights and obligations of the buyer

 

4.1. The buyer is obligated

 

1.       to take over purchased or ordered goods.

2.       to pay the seller the agreed purchase price within the agreed maturity date including the costs of delivery of goods.

3.       not to harm the good business name of the seller.

4.       to confirm with his signature or the signature of another authorized person the reception of goods in the delivery slip.

 

4.2. The buyer has the right to the delivery of goods in quantity, quality, time and at the place agreed by contractual parties in the binding acceptance of the order.

 

5.       Delivery and payment terms

 

5.1. Products are sold according to presented designs, catalogs, types and pattern books of the seller that are placed on the seller´s website of the e-shop. Delivered products have the minimum storage life more than 2 months before the expiry date. In case of the shorter minimum storage life, the seller will contact the buyer before the delivery by telephone or e-mail and will deliver the goods only after buyer´s approval.

 

5.2. The seller is obligated to fulfill buyer´s order and to deliver the goods to buyer within 30 days from the delivery of the goods from the supplier or the producer of the goods; the buyer accepts this delivery date, without reservation. 

 

5.3. The buyer is obligated to take over the goods at the place indicated in the seller´s acceptance of the order of the buyer. If the buyer does not take over the goods within 7 days after the period stated in the contract of purchase, in the binding acceptance of the order or unilaterally extended by the seller, the seller has the right to charge the buyer a storage fee of 16,60€ for each day of the storage of goods. After 14 days from the day on which the buyer was obligated to taken over the goods, the seller has the right of rescission of the contract of purchase and the right to sell the goods to third parties. After the takeover of agreed goods to third parties, the deposit for agreed goods paid by the buyer will be counted in the full amount for the contractual penalty, which is the buyer obligated to pay the seller.

 

5.4. The seller has the right to request the buyer to take over the goods before the period agreed in the contract of purchase.

 

5.5. A weight, dimensions and other data listed in the catalog, brochures or other papers of the seller that are presented on the seller´s website of the e-shop are stated by the producer and may differ from actual by ±3% of the stated value.

 

5.6. The place of the delivery of goods is indicated in the seller’s acceptance of the order, unless the contractual parties agree otherwise in the contract of purchase.

 

5.7. In case that the seller delivers the goods at the place specified in the contract of purchase by the buyer, the buyer is obligated to take over the goods personally, or to ensure that the goods are taken over by the person, who is authorized to take over the goods listed in the contract of purchase an to sign a protocol of delivery an take over the goods in the event of buyer´s absence. Third person authorized to take over the goods listed in the contract of purchase is obligated to submit an original or a copy of the contract of purchase and the proof of payment of the goods.

 

5.8. I fit is necessary to repeat the delivery of goods because of the absence of the buyer at the place specified in the contract of purchase, all costs caused by this absence shall be paid by the buyer; especially repeated delivery of goods to the place specified in the contract of purchase and storage charges at the amount specified in paragraph 3 of this Article of these general Terms and Conditions. Goods are considered to be delivered at the moment of delivery of the goods to the address specified in the binding acceptance of the order and to be taken over at the moment of the physical takeover of the goods by the buyer, respectively by his authorized representative, or at the moment of refusal to take over the goods, which the carrier indicate in the protocol of delivery and take over the goods.

 

5.9. The buyer is obligated to check the delivery, which means the goods and their packaging immediately at the point of the delivery. If the buyer finds out that the goods or packaging of the goods is mechanically damaged, he is obligated to notify the carrier and to check the state of the goods in the presence of the carrier. In case they find a damage of the goods on receipt of the goods by the buyer, the buyer is obligated to make a record of the extent and the type of the damage immediately on receipt of the goods, the accuracy of which is confirmed by the carrier. Based on this record delivered to the seller and after the conclusion of the damage event with the carrier, the seller may provide a removal of defects of the goods, a discount on goods or deliver new goods  to the buyer in case of irremovable defects of goods.

 

5.10.                     The buyer has the right of rescission of the contract of purchase in case of non delivery of the goods by the seller in the period specified in 5.2. Terms and Conditions and the seller is obligated to return by the bank transfer to the buyer´s account designed by the buyer  the part of purchase price that has been paid by the buyer within 15 days from the receipt of the resignation  from the contract of purchase.

 

5.11.                     The buyer will receive an invoice by e-mail for each delivery. Where the letter of guarantee is needed, the buyer will receive it in the package.

 

5.12.                     Payment methods:

 

1.       by cash on receipt of goods in the store

2.       by credit card

3.       by on-line payment

4.       bank transfer

5.       installments Cetelem – on-line (not yet available)

6.       electronic wallets

7.       Cash On Delivery -fee 1,2€ - not possible for agility obstacles

6.  Purchase price

6.1. The buyer must pay the purchase price of goods agreed in the contract of purchase and/or according to seller´s price list applicable at the time of conclusion of the contract of purchase including the costs of delivery („the purchase price“) by cash in the store, by cash on delivery at the stated place (fee 1,2€), payment through the company providing consumer credit or a bank transfer to the seller's account stated in the binding acceptance of the order.

 

6.2. If the buyer pays the purchase price by the bank transfer, payment date is the date when the full purchase price credited to the seller´s account.

 

6.3. The buyer is obligated to pay the purchase price for the goods to the seller within the period agreed in the contract of purchase, but at latest on receipt of goods.

 

6.4. If the buyer pays the purchase price for the goods agreed in the contract of purchase, the buyer has a right of rescission from the contract of purchase and to demand the return of the purchase price only in accordance with applicable laws of the Slovak Republic.

 

6.5. Costs associated with the installation of the goods are not included in the purchase price of the goods and the seller is not obligated to provide these services to the buyer.

 

6.6. All sales are valid until the sellout, unless it is stated otherwise for the concrete product.

 

7.       Acquisition of ownership and the transfer of the risk of damaging goods

 

7.1.  The buyer acquires an ownership right to the goods after he pays the full purchase price for the goods.

 

7.2. A risk of damage of the goods passes to the buyer when he takes over the goods from the seller, or when he does not take over the goods in time, then at the time when the seller allows him to dispose of the goods and the buyer does not take over the goods.

 

8.       Returns policy (responsibility for defects, warranty, returns)

 

8.1. The seller is responsible for defects of the goods and the buyer is obligated to apply the claim immediately to the seller according to applicable Returns policy. Information about service points for warranty and post-warranty service is stated on the back of the letter of guarantee.

 

8.2.  A valid Returns policy applies to the handling of claims. The buyer by sending the order to the seller confirms, that he has read the Returns policy and that he fully agrees with it and he also confirms that he was informed about conditions and how to claim the goods, including information about where to apply the claim and data about carrying out warranty repairs in accordance with § 18 paragraph 1 of Law no. 250/2007 Consumer Protection Act and the amendment of the Slovak nation Council. 372/1990 Coll. as amended (the "Consumer Protection Act").

 

8.3. The Returns policy applies to goods purchased by the buyer from the seller in the form of e-shop on the seller´s website of the e-shop.

 

8.4. The returns policy in this form is valid for all business cases, unless the buyer and the seller contractually agreed other warranty conditions.

 

8.5.  The buyer has the right to use the warranty only to the goods which shows defects that were caused by the producer, the supplier or the seller, that is covered by warranty and was purchased from the seller.

 

8.6. The buyer is obligated to examine the goods on receipt of goods. Failure to do so, he can claim the defects found during this examination only if he can prove, that the goods had these defects at the time of its receipt.

 

8.7. During the warranty period, the customer has the right to free removal of the defect after submission of the product including accessories, documentation and instructions to the authorized representative of the seller together with the letter of guarantee and the proof of payment.

 

8.8. If the product has defects, the customer has the right to claim in the store of the seller in accordance with § 18 paragraph 2 of the Act when he delivers the product to the store of the seller – to the address Chmeľníky 34 and fills out the form for complaints and delivers it to the seller. An appearance of the form is determined by the seller and the sample is placed on the website of the seller. The buyer is obligated to describe precisely the type and the extent of the defect of the goods in the form.  The customer has the right to claim also to the person authorized to perform warranty repairs by the producer of the goods (the „authorized person“).  The list of authorized persons is stated in the letter of guarantee or will be sent by the seller to the buyer on the buyer´s request. The complaint procedure of the goods, that can be objectively delivered to the seller begins on the day, when all following conditions are fulfilled:

 

1.       buyer´s delivery of the completed form of claim to the seller

2.       buyer´s delivery of the claimed goods

3.       delivery of the access codes, passwords, etc., of the goods from the buyer to the seller.

 

8.9. The seller advises the buyer to insure the delivery of the goods. The seller does not accept he goods sent by cash on delivery. The complaint procedure of the goods, that can not be delivered objectively to the seller and which is firmly inbuilt, begins on the day, when all following conditions are fulfilled:

 

1.       buyer´s delivery of the completed form of claim to the seller

2.       conduct of an inspection of the claimed goods by the third person, designed by the seller, who will give the seller a written confirmation about the inspection

3.       delivery of the access codes, passwords, etc., of the goods from the buyer to the seller.

 

8.10.                     For the beginning of the Complaint procedure is considered to be a day of claim. Claimed goods must be delivered to the seller´s store, unless the seller or the authorized person determines otherwise (e.g. to deliver the goods directly to the authorized person).

 In case of any doubt, consult your questions with the company Markéta Kelbelová – KELBEL agility; telephone contact +421 917 430 886 or you may also do so via e-mail: info@kelbelagility.sk

 

8.11.                     The seller is obligated to accept a complaint in any store in which it can be accepted, therefore in the firm domicile or at the authorized person in accordance with § 18 paragraph 1 of Law no. 250/2007 Consumer Protection Act and the amendment of the Slovak nation Council. 372/1990 Coll. as amended.

 

8.12.                     At the place determined in section 18.11. of general Terms and Conditions for receipt of complaints the seller is obliged to ensure the presence of the person authorized to settle the complaint in accordance with § 18. Paragraph 3 of Law no. 250/2007 Consumer Protection Act and the amendment of the Slovak nation Council. 372/1990 Coll. as amended.

 

8.13.                      The buyer is obligated to claim defects of the goods at the seller without delay; otherwise the buyer loses the right to free removal of the defect.

 

8.14.                      The seller or the authorized person will give the buyer the confirmation of the claim of the goods in an appropriate form chosen by the seller, for example in the form of email or in written form, in which he is obligated to precisely describe the defects of the goods in accordance with § 18. Paragraph 5 of Law no. 250/2007 Consumer Protection Act, and instruct the consumer about his rights resulting from § 622 and § 623 of the Civil Code. If the claim is put into effect by means of distance communication, the seller is required to send the confirmation of the claim to the buyer immediately; if it can not be delivered immediately, it must be delivered without undue delay, at the latest together with the document about the settlement of the claim; the confirmation of the claim may not be delivered if the buyer has a possibility to prove the claim otherwise.

 

8.15.                     Based on the decision of the buyer which he applies of his rights in accordance with  § 622 and § 623 of the Civil Code, the seller or the authorized person is obligated to determine the way how to handle the claim in accordance with § 2. m) Consumer Protection Act immediately, in complicated cases within 3 days from the beginning of the complaint procedure, in justified cases, in particular where a complex technical assessment of the condition of the goods within 30 days from the beginning of the complaint procedure. After determining the way how to handle the claim, the seller or the authorized person will settle the claim immediately, in justified cases the claim may be settled later. Settling the claim shall not take longer than 30 days from the day of the submission of the claim. After expiry of the period of settling the claim, the buyer has the right to rescission of the contract of purchase or he has the right to exchange the goods for the new goods.

 

8.16.                     The seller informs about the end of the complaint procedure and about the result of it in the form agreed between both of contractual parties (e-mail and registered letter) and at the same time the complaint protocol will be delivered to the buyer together with the goods. If the buyer claim the  goods during first 12 months from the conclusion of the contract of purchase, the seller can settle the claim by rejection only on the basis of the expert´s opinion or the opinion of the authorized person, notified or accredited person (hereinafter „the expert assessment of the goods“).

 

8.17.                     Regardless of the outcome of the expert assessment of the goods, the seller can not demand reimbursement of costs related to the expert assessment of the goods. If the buyer claims the goods during first 12 months from the conclusion of the contract of purchase and the seller rejected it, the person that settled the claim is obligated to indicate in the document about the settlement of the claim, where the buyer may send the goods for the expert assessment. If the buyer sends the goods for the expert assessment to a person indicated in the document about the settlement of the claim, the costs related to the expert assessment of the goods as well as the other related reasonably incurred costs are paid by the seller regardless of the outcome of the expert assessment of the goods. If the buyer proves the seller´s liability for damage on the basis of the expert assessment of the goods, the buyer can apply the claim again; during the period, when the expert assessment of the goods is being processed, the warranty period does not pass.

 

8.18.                     The buyer has no a right to apply a warranty for the defects, that he was informed about at the time of the conclusion of the contract of purchase, or for the defects, that he must have known about (taking into consideration the circumstances under which the contract of purchase was concluded).

 

8.19.                     The seller reserves the right to replace defective goods for other similar products with comparable technical parameters.

 

8.20.                     The buyer´s right to apply a warranty claim terminates:

 

1.       in the absence of the proof of payment, delivery slip or letter of guarantee, accessories or documentation of goods,

2.       when the buyer did not notify the apparent defects on receipt of goods,

3.       after the warranty period is over,

4.       when the buyer causes the mechanical damage of the goods,

5.       by using the goods in conditions which do not correspond to its natural environment (humidity, chemical and mechanical influences),

6.       by improper handling, operation or malpractice

7.       when the product is damaged because of the excessive loading or using contrary to the conditions specified in the documentation, general principles, technical standards and safety regulations applicable in Slovakia,

8.       when the product is damaged because of the unavoidable and/or unforeseen events,

9.       when the product is damaged because of the accidental destruction and accidental deterioration,

10.   by the unprofessional intervention, the damage during transport, damage by water, fire, static and atmospheric electricity or by other force majeure,

11.   because of the intervention in goods by the unauthorized person.

 

8.21.                     The seller is obligated to settle the claim and to end the complaint procedure in one of the following ways:

 

1.       deliver the repaired goods

2.       exchange of the goods

3.       refund the purchase price

4.       pay an appropriate discount from the purchase price of the goods

5.       by written notice to the acceptance of a particular transaction by the seller

6.       by justified rejection of the claim of the goods

 

8.22.                     The seller is obligated to issue a written document about the method of the settlement of the claim and about the settlement of the claim within 30 days from the day of the claim submission through the postal or courier or delivery services, or via e-mail.

 

8.23.                     The warranty period is 24 months (unless there is determined a specific warranty period for specific cases) and it begins on the day of the takeover of the goods by the buyer.

 

8.24.                     The warranty period is extended by a period, during which the buyer could not use the goods because of the warranty repair of the goods.

 

8.25.                     In case of the exchange of the goods for the new goods, the buyer receives a document, where the new goods is stated, and any other complaints would by settled based on the delivery slip and this new document. In case of the exchange of the goods for the new goods the warranty period begins again from the moment of the takeover of the new goods, but only for the new goods.

 

8.26.                     All warranty repairs are free, if to the time of their application did not expire a right to apply a warranty in accordance with paragraph 8.20 of these general Terms and Conditions.

 

8.27.                     If the defect is removable, the claim is settled according to the decision of the buyer in accordance with paragraph 5.18 of these general Terms and conditions in the following way:

 

1.       the seller ensures a removal of the defect, or

2.       the seller exchanges the defective goods.

 

8.28.                     If the defects can not be removed, or one defect repeated several times, or larger number of different removable defects, and which prevent the goods to be properly used without such defects, the seller settles the claim according to the decision of the buyer in accordance of the paragraph 5.18 of these general Terms and conditions in the following way:

 

1.       by the exchange of the goods for another functional goods of the same or better technical parameters, or

2.       if the seller can not perform the exchange of the goods for other goods, he settles the claim by issuing a credit note for the defective goods.

 

8.29.                     The settlement of the claim relates only to the defects mentioned in the form for complaints.

 

8.30.                     For the purposes of claims a several times repeated removable defect means the occurrence of one removable defect more than two times.

 

8.31.                     For the purposes of claims a larger number of different removable defects means the occurrence of more than three different removable defects at the same time.

 

8.32.                     For the purposes of claims a period, during which the buyer can not properly use the goods, means a period, during which the buyer can not use the goods due to defects together more than 180 days after the conclusion of the contract of purchase.

 

8.33.                     A buyer´s right to apply a claim of the defects is consumed after the buyer uses his right and asked the seller to remove defects of the goods, and regardless the result of the claim, the buyer has no longer a right to apply a claim repeatedly to the same unique defect (not the defect of the same type).

 

8.34.                     If the seller terminates the complaint procedure as a justified rejection of the claim, but the defect of the goods exists and was not removed, the buyer can apply his right to removal of the defect through the courts.

 

9.       Personal data and its protection

 

9.1. Contractual parties agreed, that if the buyer is a natural person, he is obligated to inform the seller about his name and surname, permanent address including ZIP code, ID card number, telephone number and e-mail address.

 

9.2. Contractual parties agreed that if the buyer is a legal person, he is obligated to inform the seller about his business name, the address of the firm domicile including ZIP code, Identification number, telephone number and e-mail address.

 

9.3. The buyer by sending the order to the buyer honestly declares, that he in accordance with § 11 paragraph of 1 Act No. 122/2013 Law on Personal Data Protection, as amended (hereinafter „the LPDP) gives the seller consent to process and store his personal data, in particular those mentioned above and/or which are necessary for the seller and to process them in all of seller´s information systems. The buyer also honestly declares, that he gives the seller consent to process his personal data and to transfer personal data across borders to Czech Republic, as a member state of the European Union, for the purpose of the conclusion of the contract of purchase between the buyer and the seller, for the purpose of an evidence of contracts of purchase, invoices and other documents, for marketing purposes, for the purpose of the transport services of purchased goods and for the purpose of the closure of a repayment plan. The seller commits himself, that he will treat the personal data of the buyer in accordance with the applicable laws of the Slovak Republic. The seller will after the fulfillment of the purpose of processing ensure immediately a liquidation of the personal data of the buyer in accordance with § 17 paragraph 1 LPDP. The buyer can withdraw the consent to process the personal data at any time in written form. The consent will expire within 1 month from the delivery of withdrawal of the consent from the buyer to the seller.

 

9.4. The buyer has a right and opportunity to update his personal data directly in the on-line mode on the website of the e-shop, in the customer section, immediately after login.

 

9.5. The seller declares that he will obtain the personal data only for the purpose specified in the paragraph 9.3. of these Terms in accordance with § 6, paragraph 2c) LPDP.

 

9.6. The seller declares that he will obtain the personal data for other purposes than those stated in the paragraph 9.3. of these Terms separately and will ensure that personal data will be processed and used only in a manner that corresponds to the purpose, for which it was collected, and that he will not gather them with the personal data that have been collected for other purposes.

 

9.7. The seller declares that he will process the personal data in compliance with good morals and he will act in a manner, that does not contradict the LPDP or other generally binding legal regulation in accordance with § 6 paragraph 2 i) LPDP. The seller declares that he will not enforce the consent of the buyer nor threaten to reject the contractual relationship, the service, the goods or duty established for the seller.

 

9.8. The buyer has the right based on the written request to demand a confirmation

 

1.       whether or not the personal data about the buyer is being processed,

2.       a generally intelligible form about information on the processing of personal data in the information system within the range:

a.       an identification data of the seller and the seller representative, if appointed,

b.      an identification data of the intermediary; this does not apply if the seller does not proceed under § 8 LPDP in obtaining the personal data,

c.       a purpose of processing the personal data,

d.      a list of personal data or an extent of personal data in accordance with § 10 paragraph 4 of the first sentence LPDP,

e.      an additional information; which is, taking into consideration all the circumstances and conditions of the processing of personal data, necessary for the buyer to guarantee his rights and legally protected interests in particular within:

 

-          instruction on voluntary basis or obligation to provide the requested personal data; if the seller obtains the personal data of the buyer with the consent of the buyer in accordance with § 11 LPDP, the seller also announces the time of the validity of the consent, and if the buyer´s obligation to provide the personal data results from directly enforceable legally binding act of the European Union, from the international agreement, by which is Slovak Republic bonded, or from the law,  the seller announces the buyer the legal basis that imposes this duty to the buyer, and he informs the buyer about the consequences of refusing to provide the personal data

-          third parties, if it is expected or obvious, that his personal data will be provided to them

-          group of recipients, if it is expected or obvious, that his personal data will be provided to them

-          form of publicization, if the personal data will be disclosed

-          third countries, if it is expected or obvious, there will be a transfer of personal data to these countries

;the buyer has in the moment of issuing a result in accordance with paragraph 9.11. of these Terms and Conditions a right to acquaint himself with the processing and evaluating of operations,

1.       in generally intelligible form a precise information about the source, from which the seller got his personal data for processing,

2.       in generally intelligible form the list of his personal data, that are the subject of processing,

3.       correction or liquidation of his incorrect, incomplete or unactual personal data, that are the subject of processing,

4.       liquidation of his personal data, the purpose of which is finished; if the official documents containing personal data are the subject of processing, he may request their return,

5.       liquidation of his personal data, that are the subject of processing, in case of violation of the law,

6.       blocking of his personal data due to withdrawal of the consent before the expiry of the period of validity, if the seller process the personal data with the consent of the buyer.

 

9.9. The buyer´s right under paragraph 9.8. point 5 and 6 of these Terms and Conditions may be only restricted, if such a restriction results from a special law or when by its application would be undermine the protection of the buyer, or would be undermine rights and freedoms of others.

 

9.10.                     The buyer has on the basis of free written request a right to the seller to oppose against:

 

1.       processing of his personal data, which he assumes they are or they will be processed for direct marketing purposes without his consent, and request its liquidation,

2.       use of the title, name, surname and address of the buyer for the direct marketing purposes in the mail correspondence, or

3.       providing the title, name, surname and address of the buyer of direct marketing purposes.

 

9.11.                     The buyer on the basis of the written request or personally, if the matter is urgent, has a right to the seller to object at any time to the processing of personal data in cases according to § 10 paragraph 3a), e), f) or g) LPDP by pronouncing legitimate reasons or by submitting evidences of encroachment to his rights and legally protected interests, that are or may be in particular case damaged by such processing of personal data; if legal reasons do not prevent it and it is shown that the objection of the buyer is entitled, the seller is obligated to block and liquid immediately, without undue delay, as soon as circumstances permit, the personal data, which processing was objected by the buyer.

 

9.12.                     The buyer on the basis of the written request or personally, if the matter is urgent, has also a right to the seller to object and not to submit to the decision of the seller, that would have legal effects on him or the significant impact, if such a decision is issued explicitly on the basis of automatic processing of his personal data. The buyer has the right to request the seller for a review of the decision by a method different from the automatic form of processing, whereas the seller is obliged to meet the buyer's request, so that the authorized person would have the decisive role in reviewing a decision; The seller will inform the buyer about the method of reviewing and the result of it within the time limit in accordance with paragraph 9.19 of these Terms and Conditions. The buyer does not have this right only in the case, if it is appointed by the special law, in which actions to ensure legitimate interests of the buyer are regulated, or if within the pre-contractual relations or during the existence of the contractual relationship the seller issued a decision, by which he met the requirements of the buyer, or if the seller took an appropriate action to ensure the legitimate interests of the buyer according to paragraph 9.19. of these Terms and Conditions.

 

9.13.                     If the buyer applies his right

 

1.       in writing and from the content of his request results that he applies the right, the application is considered to be submitted under this Act; the buyer delivers an application submitted by e-mail or fax delivered in writing within 3 days from its dispatch,

2.       personally, verbally into the minute-book, from which it must be clear, who applied the right, what is at issue and when and who kept the minute-book, his signature and the signature of the seller; the seller is obligated to deliver to the buyer a copy of the minute-book,

3.       at the intermediary in accordance with the point 1 and 2 of this paragraph of these Terms and Conditions, the intermediary is obligated to deliver this application or the minute-book to the seller without undue delay.

 

9.14.                     When the buyer suspects that his personal data are being processed without authorization, he may advance suggestion to begin the procedure on protection of personal data to the Office for Personal Data Protection of the Slovak Republic.

 

9.15.                     If the buyer has not the competence to perform legal acts in entirety, his legal representative can apply his rights.

 

9.16.                     If the buyer does not live, his rights, which he had according to this law, may be applied by the close person.

 

9.17.                     A buyer´s request will be settled by the seller free of charge in accordance with paragraph 9.8. point 1-3, 5-8 of these Terms and Conditions and paragraph 9.10. – 9.12. of these Terms and Conditions.

 

9.18.                     The seller can settle the application of the buyer free of charge except payment in the amount, which could not exceed the amount of the efficiently incurred material costs associated with making copies, providing data carriers and sending the information to the buyer in accordance with paragraph 9.8. point 4 of these Terms and Conditions, unless a special law provides otherwise.

 

9.19.                     The seller is obligated to settle the application of the buyer in writing in accordance of paragraphs 9.17. and 9.18. of these Terms and Conditions at latest within 30 days from the day of the delivery of application.

 

9.20.                     The seller will inform the buyer and the Office for Personal Data Protection of the Slovak Republic about the limitation of rights of the buyer in written form in accordance with paragraph 9.9. of these Terms and Conditions without undue delay.

 

9.21.                     The seller declares, that he process the personal data of the buyer for the purposes stated in paragraph 9.3. of these Terms and Conditions in accordance with § 15 paragraph 1b) LPDP through these intermediaries:

 

Direct Parcel Distribution SK s.r.o.

Firm domicile: Technická 7, 821 04 Bratislava                     

ID: 35 834 498

 

TOPTRANS EU, a.s.

Firm domicile: Na Priehone 50, 949 01 Nitra

ID: 36 703 923

 

SCHENKER s. r. o.

Firm domicile: Kopčianska 94, 85101 Bratislava

ID: 31 327 222

 

CETELEM SLOVENSKO a.s.

Firm domicile: Panenská 7, 812 36 Bratislava

ID: 35 787 783

 

10.   Rescission of contract of purchase

 

10.1.                     The seller has a right to rescission of the contract of purchase because of the sellout, unavailability of goods or if the producer, importer or supplier of the goods agreed in the contract of purchase interrupted the production or made such significant changes that prevented the realization of fulfillment of obligations of the seller resulting from the contract of purchase, or because of the force majeure or if even with all the effort that can fairly be required of him is unable to deliver the goods to the customer within the period stated by these Terms and Conditions or in the price, which is presented on the e-shop. The seller is obligated to inform the buyer about this mater immediately and return him the payment that has been already paid for the goods agreed in the contract of purchase by bank transfer to the account designed by the buyer in period within 15 days from the notification about the rescission from the contract of purchase.

 

10.2.                      The buyer´s right to rescission of the contract of purchase arises within seven working days of receipt of goods under the conditions regulated by law no. 108/2000 Consumer Protection in Doorstep Selling and Distance Selling as amended (the "Law on consumer protection in distance selling"). The buyer has the right to unpack and try the goods in a similar way as it is usual when shopping in a classic "brick and mortar" store during this period. To try the goods does not mean to start to use it and then return it to the seller.

 

10.3.                     The buyer confirms to the seller by sending the order, that the seller fulfilled his information obligations in time and properly in accordance with § 10 of Law on consumer protection in distance selling.

 

10.4.                     The rescission of the contract of purchase must be done by seller either in written form in accordance with applicable laws or in writing in the form of a completed form, form of which will be determined by the seller and the pattern will be placed on the website of the seller.

 

10.5.                     The rescission of the contract of purchase in accordance with the previous point of these general Terms and Conditions shall include an identification of the buyer, a number and date of order, a precise specification of goods, the manner, in which the seller return an already paid payment, in particular the account number and/or postal address and the reason for rescission of the contract.

 

The buyer is obligated to deliver together with the rescission of the contract of purchase to the seller the goods along with accessories, including documentation, manuals, letter of guarantee, proof of payment and so on in its original packaging in the form of an insured shipment to the address Markéta Kelbelová – KELBEL agility, Chmeľníky 34, Košice.

 

10.6.                     If the buyer withdraws from the contract and delivers the goods to the seller according to paragraph 10.2. of these general Terms and Conditions, the seller returns the buyer purchase price of the goods, or the part of it, that has been paid already and that was stated in the binding acceptance of the order, within 15 days from the delivery of rescission of the contract of purchase and delivery of the goods to the seller by the bank transfer to the account of the buyer designed by the buyer.

 

10.7.                      If the buyer withdraws from the contract according to paragraph 10.2. of these general Terms and Conditions, and delivers the goods to the seller, that has been used and damaged or incomplete, the seller has the right to compensation in amount of the value of the repair of the goods and the return of the goods into the original state.

 

10.8.                     The seller, in case of the valid rescission of the contract within the meaning of the paragraph 10.2. of these Terms and Conditions, returns the buyer the purchase price paid for the goods including costs, which the buyer has paid in connection with the order of the goods, if the buyer submits together with the goods also written documentary about incurred costs, that the buyer incurred in connection with the order of the good. Cost of returning the goods are paid by the buyer only in the case, if the goods fully complied with the quality requirements and was not defective at the same time. For the goods fully compatible with quality requirements shall be considered the goods of the same or similar characteristics as those set out in the offer of goods on the seller's website.

 

10.9.                     For costs, that the buyer incurred in connection with the order of the goods shall be considered costs of carrying out the order, especially the price for making a phone call, by which the buyer has made a proposal to conclude the contract of purchase, or the price for connecting the buyer to the seller´s website, during which the buyer completed and submitted the form for ordering the goods on the website or wrote and sent an e-mail with the order of the goods in a period of 30 minutes.

 

10.10.                  If the buyer fails to comply with any obligation stated in paragraphs 10.4 and 10.5. of these general Terms and Conditions, the rescission of the contract of purchase is not valid and the seller is not obligated to return the purchase price to the seller and at the same time he has the right to reimbursement of costs associated with sending the goods back to the buyer.

 

10.11.                  The buyer can not withdraw from the contract in case the goods produced according to specific requirements of the consumer, or goods destined for one particular consumer, or goods that are, considering its features, impossible to return.

 

11.   Final provisions

 

11.1.                     The seller reserves the right to change these general Terms and Conditions. An obligation of written notice about the change in these general Terms and Conditions is fulfilled by placing it on the seller´s website of the e-shop.

 

11.2.                     If the contract of purchase is concluded in written form, any change of it must be also written.

 

11.3.                     The contractual parties agreed, that in case of doubt, for the duration of use is considered a time from the receipt of goods to the buyer (including the day of delivery) to the day of the return of goods to the seller, respectively by the transferring the goods to the courier for the purposes of its transfer to the seller in accordance with the paragraph 5.7. of these general Terms and Conditions.

 

11.4.                     The contractual parties agreed that the communication between them will be carried out mainly in the form of e-mail messages, respectively through an article of mail.

 

11.5.                     For the relations, that are not regulated by these general Terms and Conditions, apply relevant provisions of the Civil Code Act, Act no. 22/2004 on E-shop and on the amendment of Act no. 128/2002 on State Control of Internal Market in Consumer Protection Issues and on amendments to certain laws as amended by Act no. 284/2002 as amended, and the Law on consumer protection in distance selling. For the relations, which are not regulated by these general Terms and Conditions, which arose between the seller and the buyer, who is a natural person - entrepreneur or a legal person, apply relevant provisions of the Commercial Code.

 

11.6.                     These general Terms and Conditions take effect for the buyer by sending an electronic order by the buyer.

 

11.7.                     The buyer by sending the order confirms, that he read these general Terms and Conditions and he fully agrees with them.

 

In Košice, 13. January 2016

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