Get 10% extra OFF on Porto Summer Sale - Use PORTOSUMMER coupon - Shop Now!

TERMS AND CONDITIONS

TERMS AND CONDITIONS

 

GENERAL TERMS AND CONDITIONS

 

Art.I. Introductory provisions

1.1 These terms and conditions govern the rights and obligations of the seller, which is a company:

SYMPATEK sro, Drevarska 2, 052 01 Spiska Nova Ves, Slovak Republic, entered in the Commercial Register of the District Court of Kosice I, Section: Sro, Insert No .: 40823 / V (hereinafter referred to as the “Seller”) and the Buyer, arising from the purchase contract concluded between sellers and buyers through the seller’s e-commerce website www.esurfy.sk.

 

Identification and contact details of the seller:

ID: 50 689 827

VAT number: SK2120448759

Registered office: Drevarska 2, 052 01 Spisska Nova Ves, Slovak Republic

 

Contact details of the seller:

e-mail: esurfy@esurfy.sk

telephone contact: +421 907 9595 73

Correspondence address: Drevarska 2, 052 01 Spisska Nova Ves

 

The supervisory authority is the Slovak Trade Inspection, SOI Inspectorate for the Kosice Region, with its registered office at Vratna 3, 043 79 Kosice 1, phone: 055/6220 781

 

1.2 The parties agree that by sending the order to the seller, the buyer agrees that these terms and conditions govern the purchase contract concluded between the seller and the buyer through the seller’s e-commerce website (hereinafter “purchase contract”), as well as the relationship or in connection with the conclusion of such a purchase contract, or in the case of a complaint about goods sold by the seller (hereinafter referred to as “goods”).

 

1.3 These terms and conditions are an integral part of every purchase contract. If the seller and the buyer agree in the written purchase contract on conditions other than those set out in these terms and conditions, then the provisions of such a written purchase agreement take precedence over these terms and conditions.

 

1.4 The seller and the buyer have agreed that if the contractual relationship established between them by concluding a purchase contract or created between them in connection with the conclusion of a purchase contract contains a foreign element (eg the buyer is a citizen of a state other than the Slovak Republic), then such a relationship is governed by law Slovak Republic.

 

1.5 The Seller and the Buyer have agreed that to discuss and resolve disputes arising between them in connection with a contractual relationship between them by concluding a purchase contract or in connection with a contractual relationship between them in connection with the conclusion of a purchase contract, if such a relationship contains a foreign element, the competent courts and the law of the Slovak Republic are competent.

 

1.6 These terms and conditions apply to the buyer, who is a consumer in accordance with the provisions of § 2 letter. a) of Act no. 250/2007 Coll. on consumer protection as amended. Legal relations between the seller and the buyer, who is a consumer, not regulated by these terms and conditions are governed by the relevant legislation, in particular the provisions of the Civil Code, Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended, Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended and Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws as amended and Act 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts.

 

1.7 These terms and conditions, in addition to the provisions of Article VI. and Article VII shall also apply to the buyer who is not a consumer. Legal relations between the seller and the buyer, who is not a consumer, not regulated by these terms and conditions are governed in particular by the relevant provisions of Act no. 513/1991 Coll. – Commercial Code as amended and Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended.

 

1.8 If the buyer states the ID number in the order, it is considered that he is not a consumer and does not act as a consumer when concluding the purchase contract.

 

Article II Procedure for concluding a purchase contract

2.1 When concluding a purchase contract, the buyer proceeds by selecting the goods he is interested in buying in the e-shop on the seller’s website and inserting such goods into the “Cart” by clicking on the “Add to cart” button. Subsequently, the buyer decides whether to continue the purchase or go to the “Cart” by selecting the appropriate button.

 

2.2 After completing the selection of goods, the buyer will go (for example by clicking on the shopping bag icon at the top right of the seller’s website) to the “Shopping cart” where he has the opportunity to check, confirm, change or cancel the ordered goods and their quantity. The basket contains mainly information about the type, basic description, quantity, and price of the ordered goods.

 

2.3 After confirming the contents of the “Cart” by pressing the “Checkout” button, the buyer will go to the page of entering the identification, contact and invoicing data of the buyer, entering the method and price of delivery (or taking over) of goods and entering the method of payment. On this page, the buyer is obliged to state resp. select or confirm in particular the name and surname of the buyer, postal and invoicing address of the buyer, telephone number of the buyer, e-mail box of the buyer, in case of legal entities ID number, VAT number of the buyer, order code, number of pieces, date of order, method of payment, method receipt / delivery of goods. The buyer is obliged to always provide complete, true and correct data on the seller’s website. The buyer is obliged to fill in all the data required by the site.

 

2.4 After entering the method and price of delivery (or taking over) of the goods and entering the method of payment for the goods, the buyer will see the total price of the order, including the price of transport / delivery. To successfully create and send an order to the seller, the buyer is required to “check” the box ” I have read and agree to the website terms and conditions“, and then click on the “Place order with payment obligation” button. The buyer is obliged to check the accuracy of the entered and selected data and data in the process of ordering goods before their final sending to the seller.

 

2.5 Before clicking on the “Place order with payment obligation” button, the buyer has the opportunity to check the contents of the order and cancel or change the order. Before clicking on the “Place order with payment obligation” button, the buyer can always return to the previous step of creating the order by pressing the “Shopping cart” button.

 

2.6 Before sending the order, the buyer is entitled to perform actions and use technical means described in Article II in order to conclude the contract, detect or correct technical errors. and Art.III. these terms and conditions.

 

2.7 The order sent to the seller is a proposal to conclude a purchase contract under contractual conditions according to these terms and conditions. The order is intended for the seller to be accepted by the seller within 15 days of its delivery to the seller.

 

2.8 The seller is obliged to confirm the delivery of the order to the buyer immediately after its delivery to the seller. Such confirmation of delivery of the order is not a confirmation of the binding acceptance of the order according to point 2.9 of these terms and conditions and its acceptance by the buyer does not yet consider the purchase contract concluded. Confirmation according to this point is for information only in order to confirm receipt of the order by the seller, the content of the confirmation will be the identification of the seller and buyer, type, quantity and price of ordered goods, selected method, price and place of delivery, selected method of payment for goods and total the price of the goods together with the price of transport. However, if the confirmation according to this point also contains the text “Confirmation of binding acceptance of the order” or other text from which it follows that the confirmation according to this point is also a confirmation of binding acceptance of the order, this confirmation is considered business conditions; in such a case, the confirmation also contains the requisites according to the second sentence of point 2.9 of the terms and conditions.

 

2.9 The purchase contract between the seller and the buyer arises from the binding acceptance of the buyer’s order by the seller, which the seller makes by sending an e-mail message to the buyer’s address, such message will be marked as “Order Confirmation”. The body of the message will contain the identification data of the seller and buyer, type, quantity and price of ordered goods, selected method, price and place of delivery of goods, expected delivery date, selected method of payment for goods, as well as total price of goods together with transport price. e-mail message will be these terms and conditions. If necessary, all other information related to his order will be sent to the buyer’s e-mail address.

 

2.10 Before the binding acceptance of the buyer’s order by the seller, the seller (depending on the nature of the order and the ordered goods) is at its own discretion entitled to ask the buyer for additional confirmation of the order, respectively contact the buyer in connection with the processing of the order (eg by phone or e-mail).

 

2.11 The list of goods on the seller’s e-commerce website is a list of goods normally supplied by the seller, but the seller does not guarantee the immediate availability of all goods according to the list. Information on the availability of goods on the seller’s website is for information purposes only.

 

2.12 The seller is entitled to reject the order and not deliver the ordered goods to the buyer if the buyer provided incorrect or misleading information when creating the order or if due to sale or unavailability of goods is unable to deliver the goods to the buyer within these terms or at the price in the online store, unless an alternative performance is agreed with the buyer.

 

2.13 The seller is entitled to reject the order and not deliver the ordered goods to the buyer even if the buyer has violated the terms of another purchase contract with the seller in the past.

 

2.14 The buyer will be informed by e-mail about the rejection of the order. If the buyer has paid the purchase price or parts thereof before rejecting the order, the seller will return the amount paid to the buyer within 14 days to the account specified by him, unless otherwise agreed with the buyer.

 

2.15 The seller is entitled to withdraw from the purchase contract if the buyer provided incorrect or misleading information when creating the order or if due to sale or unavailability of goods is unable to deliver the goods to the buyer within these terms or in the price listed in the online store and if the seller cannot be fairly required to deliver the goods within the period specified in these terms and conditions or at the price specified in the online store. In these cases, the seller may agree with the buyer on a replacement. In the event of withdrawal from the purchase contract by the seller, the seller will return to the buyer all payments received in connection with the purchase contract within 14 days of withdrawal from the purchase contract.

 

2.16 The Buyer has the right to cancel the order free of charge, only within two hours of placing the order and if the products have not yet been shipped. The order can be canceled in writing (by e-mail at: shop@esurfy.sk). The buyer is obliged to state the order number, name, e-mail and description of the ordered goods in the order cancellation notice. The seller will notify the buyer in writing (by e-mail or post) of the order cancellation confirmation. In this case of order cancellation, the seller does not charge the buyer any fees related to the cancellation of the order. The seller will return the purchase price or part thereof already paid to the buyer within 7 days by non-cash transfer to the bank account designated by the buyer, unless they agree otherwise. The provisions of this clause do not affect the buyer’s right to withdraw from the purchase contract pursuant to Article VI of these Terms and Conditions.

 

2.17 The data in the invoice for the delivery of goods cannot be changed after the price of the goods has been paid or after the goods have been taken over by the buyer.

 

2.18 The seller archives the concluded purchase contract in electronic form for a period of four years and is available to the buyer on request.

 

2.19 Goods whose unit value stated by the seller exceeds the amount of 2500 € without VAT and more, and / or represents the amount of 3000 € with VAT and more, cannot be ordered through this online store, ie for such goods and in such a case a purchase contract cannot be concluded at a distance. For such goods, the purchase contract between the seller and the buyer can be concluded only at the place of operation of the seller.

 

Article III. Payment for goods

3.1 All prices for goods and services and all fees in the seller’s online store are quoted in Euro (EUR) and are quoted without VAT and including VAT.

 

3.2 The buyer is obliged to pay for the ordered goods the price according to the accepted order. Along with the price of the goods, the buyer is obliged to pay the price of delivery of the goods, all according to the accepted order. Before the final shipment of the order, the buyer is informed of the total price of the goods, including VAT and all other fees related to the delivery of goods to the buyer.

 

3.3 The purchase price of the goods does not include the fees of the buyer’s bank for the payment of the purchase price or the costs of using electronic means of communication with the buyer. The buyer is obliged to pay these fees and costs, based on the buyer’s relationship with the bank and based on the buyer’s relationship with the internet connection provider.

 

3.4 The purchase price for the goods and any costs associated with the delivery of goods and payment for goods under the purchase agreement, the buyer may pay the seller depending on the chosen mode of transport respectively receipt, in the following ways:

  • cash on delivery at the place specified by the buyer in the accepted order;
  • in cash in the operation of the seller’s point of sale (payment by credit card is not possible here)
  • bank transfer (cashless) to the seller’s account
  • online card payment (cashless) during the order execution process resp. immediately after sending the order (free of charge, but the buyer pays the fees of his bank)

 

3.5 In cases of payment in cash, the purchase price is payable no later than upon receipt of the goods by the buyer.

 

3.6 In the case of non-cash payment by bank transfer, the purchase price is payable within 3 days of sending the pre-invoice to the buyer’s e-mail address. In the case of non-cash payment by bank transfer, the buyer is obliged to pay the purchase price of the goods, including the delivery price, together with the variable payment symbol according to the sent invoice. In the case of non-cash payment by bank transfer, the purchase price is considered paid by crediting the relevant amount to the seller’s account.

 

3.7 If the buyer does not pay the purchase price at the time of the specified maturity, the purchase contract expires.

 

Art.IV. Supply of goods

4.1 The seller delivers the goods exclusively to the territory of the countries that can be selected from the list of countries of delivery in the process of creating the order.

4.2 Method of delivery resp. the buyer chooses to take over the goods in the process of compiling the order of goods. The buyer can pick up the goods in person free of charge at:

 

SYMPATEK s.r.o., Drevarska 2, 052 01 Spisska Nova Ves (esurfy.sk)

 

However, this is only after the seller has informed him that the goods are ready to be taken over by the buyer. The goods are sent by courier service as standard. When ordering goods worth more than 50€ without VAT, which is 60€ with VAT, shipping is free; this does not affect the provisions of point 4.1 of these terms and conditions. When delivering the goods to the buyer, the courier will inform the buyer about the time of delivery in a suitable way before delivery.

 

4.3 The Seller is obliged to deliver the goods to the place specified in the Order Confirmation and within 30 days from the confirmation of acceptance of the order. Goods that are in the seller’s warehouse are usually delivered within 2-7 working days; in case of a longer delivery time, the seller will immediately inform the buyer of this fact. The seller will inform the buyer by e-mail about the delivery date.

 

4.4 The buyer is obliged to take over the delivered goods even before the expiry of the period according to point 4.3 of these terms and conditions and to confirm the taking over of the goods in writing. If the buyer does not accept the delivered goods or refuses to confirm its receipt, the seller is entitled to withdraw from the purchase contract immediately.

 

4.5 In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way as specified in the order, the buyer is obliged to reimburse the seller the costs associated with repeated delivery of goods, respectively costs associated with another method of delivery.

 

4.6 Upon receipt of the goods from the carrier or courier service, the buyer is obliged to immediately check the integrity of the packaging and in case of any damage to the carrier to notify the carrier and in the presence of the carrier to inspect the goods and in case of damage or other defects sign to the carrier’s or courier’s representative.

 

4.7 In the event of a breach of the packaging indicating unauthorized entry into the consignment of goods, the buyer also does not have to take over the consignment from the carrier or delivery service.

 

4.8 By signing the delivery note without stating reservations, the buyer confirms that the consignment of goods met all the conditions and requirements and any subsequent claim for breach of the packaging of the consignment of goods can not be taken into account.

 

4.9 The seller is entitled to verify the identity of the buyer or the person authorized to collect the goods during personal collection of goods, in cases where the purchase price of the goods was paid by the buyer online in advance by card and / or cashless bank transfer.

 

Art.V. Ownership of the goods and the risk of damage to the goods

5.1 Ownership of the goods passes to the buyer until full payment of the purchase price for the goods, but never before the takeover of the goods by the buyer.

 

5.2 The risk of damage to the goods passes to the buyer at the time when he takes over the goods from the seller, respectively from the carrier, or collects the goods from the package or, if he does not do so in time, at the time when the seller allows him to dispose of the goods and the buyer is delayed in taking over the goods.

 

Article VI Withdrawal from the purchase contract

6.1 The seller instructs the buyer that the buyer, who is a consumer, has the right to withdraw from the purchase contract without giving a reason under the conditions regulated by Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller and on the amendment of certain laws (hereinafter “Consumer Protection Act in the sale of goods”), within 14 days from the date of receipt goods.

 

6.2 The buyer, who is a consumer, has the right to withdraw from the purchase contract without giving a reason within 14 days of receipt of the goods. The goods are considered to have been taken over by the buyer when:

  • the buyer or a third party designated by the buyer, with the exception of the carrier, takes over all parts of the ordered goods;
  • the goods ordered by the buyer in one order are delivered separately, at the moment when the buyer or a third party designated by the buyer, with the exception of the carrier, takes over the goods that were delivered last;
  • goods consisting of several parts or pieces are delivered at the moment when the buyer or a third party designated by the buyer, with the exception of the carrier, takes over the last part or piece of goods;
  • if the goods are delivered repeatedly during a defined period, at the moment when the buyer or a third party designated by the buyer, with the exception of the carrier, takes over the first delivered goods;

 

6.3 The buyer, who is a consumer, may withdraw from the purchase contract, the subject of which is the delivery of goods, even before the beginning of the period for withdrawal from the purchase contract.

 

6.4 The buyer is not entitled to withdraw from the purchase contract, the subject of which is:

  • sale of goods made according to the special requirements of the buyer, custom-made goods or goods designed specifically for one buyer;
  • sale of goods subject to rapid deterioration or deterioration;
  • the sale of goods enclosed in protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery;
  • sale of goods enclosed in packaging, which is not suitable for return due to copyright infringement and whose protective packaging was broken after delivery (eg media with audio-visual content, software);
  • sale of goods which, due to their nature, may be inextricably mixed with other goods after delivery;

 

6.5 When exercising the right to withdraw from the contract, the buyer is obliged to inform the seller of his decision to withdraw from the purchase contract by an unambiguous statement (such as a letter sent by post, fax or e-mail) sent to one of the seller’s contact addresses listed in the introduction. in identifying the seller.

 

6.6 For the purpose of withdrawing from the purchase contract, the buyer may also use a sample form, which the buyer can download HERE; if the buyer intends to withdraw from the purchase contract, the buyer is obliged to send the completed sample form to the seller by e-mail or by post. If the buyer withdraws from the purchase contract by filling in and sending the form to the e-mail address of the seller, the seller will confirm to the buyer the receipt of the withdrawal by e-mail.

 

6.7 The period for withdrawal from the purchase contract is maintained if the buyer sends a notice of the exercise of the right to withdraw from the purchase contract to the seller before the period for withdrawal from the purchase contract expires.

 

6.8 The buyer is then obliged to deliver or send the taken over goods back to the seller’s address:

 

SYMPATEK s.r.o., Drevarska 2, 052 01 Spisska Nova Ves;

 

packed in the original packaging (if the nature of the goods allows it) and together with all documentation taken together with the goods (instructions for use, other documentation such as declarations of conformity, technical passports, etc.) and proof of purchase, no later than 14 days from the date of exercising the right to withdraw from the purchase contract. The period is deemed to be observed if the buyer, in accordance with this point, delivers or sends the goods to the address specified by the seller before the expiry of the 14-day period according to the previous sentence. The seller recommends insuring the transport of goods.

The seller does not accept cash on delivery.

 

6.9 The direct costs of returning the goods, as well as the direct costs of returning the goods, which due to their nature cannot be returned by courier or postal service, are borne by the buyer. These costs cannot be determined in advance. The estimated estimate of these costs depends on the type and quantity of goods and on the distance from which the returned goods will be transported.

 

6.10 In the case of returned goods, the buyer is only responsible for the reduction of the value of the goods due to treatment in a manner other than necessary to determine the nature, properties and functionality of the goods (the buyer is entitled to test the goods as in the “stone shop”, but not use). In the event that the buyer withdraws from the purchase contract in accordance with clause 6.2 of these terms and conditions and returns to the seller goods that are used and / or damaged and / or incomplete, and / or the value of the goods is reduced as a result of such treatment, which is beyond the scope of treatment necessary to determine the properties and functionality of the goods, the seller is entitled to compensation from the buyer in the amount of the value of repair of the goods and restoration of the goods to their original condition, respectively. the seller has the right to demand from the buyer reimbursement of the reduction in the value of the goods.

 

6.11 In the event of withdrawal from the purchase contract, the seller is obliged to return to the buyer all payments made by the buyer in connection with the purchase contract, especially the purchase price, including delivery costs to the buyer, but excluding additional costs if the buyer has chosen another type of delivery, as is the cheapest standard delivery method offered by the seller. Additional costs are the difference between the delivery costs chosen by the buyer and the costs of the cheapest standard delivery method offered by the seller. The seller is obliged to return payments to the buyer without undue delay, no later than 14 days from the date of return of the goods to the seller or upon presentation of a credible document proving the shipment of goods, if the buyer has previously received notice of withdrawal from the purchase contract. The seller is obliged to make the payment in question in the same way as the buyer used to pay for the goods. The seller may agree with the buyer on another method of refund, the buyer may not be charged any other fees in connection with such other means.

 

Article VII Complaints – Complaints procedure

7.1 This complaint procedure applies to goods purchased by the buyer, who is a consumer, from the seller through the seller’s e-shop.

 

7.2 Complaint means the application of liability for defects in the goods by the seller to the buyer. The buyer is obliged to immediately file a complaint with the seller according to the valid complaint procedure.

 

7.3 The buyer is obliged to send a complaint about the goods to the seller to one of the following addresses:

 

e-mail: shop@esurfy.sk

postal address: SYMPATEK s.r.o., Drevarska 2, 052 01 Spisska Nova Ves

 

7.4 The buyer is obliged to deliver the claimed goods to the above address for the settlement of the complaint.

 

7.5 The buyer is obliged to deliver the claimed goods to the seller mechanically undamaged, clean, preferably in the original packaging, including accessories, manuals, warranty card or technical passport and invoice or other proof of payment.

 

7.6 The valid Complaints Procedure published on the Seller’s website, which is also the content of this Article VII, applies to the handling of complaints. By sending the order to the seller, the buyer confirms that he has read the Complaints Procedure and fully agrees with it, and also confirms that he was duly informed about the conditions and method of claiming goods, including information on where the claim can be made and the performance of warranty repairs in accordance with Art. § 18 par. 1 of Act no. 250/2007 Z. from. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on Offenses as amended (hereinafter referred to as the “Act”).

 

7.7 The buyer has the right to claim from the seller a warranty only for goods that show defects caused by the manufacturer, supplier or seller, it is covered by the warranty and was purchased from the seller.

 

7.8 The buyer is obliged to inspect the goods upon receipt of the goods. If he fails to do so, he may assert claims for errors found during this inspection only if he proves that the goods already had these errors at the time of taking over the goods.

 

7.9 In the case of a defect that can be rectified, the buyer has the right to have it rectified free of charge, in good time and properly. The seller is obliged to eliminate the defect without undue delay. Instead of eliminating the defect, the buyer may request an exchange of the item or, if the defect concerns only a part of the item, a replacement of the part, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect. Instead of eliminating the defect, the seller can always replace the defective item with a perfect one, if this does not cause serious difficulties for the buyer.

 

7.10 In the case of a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defects, the buyer has the right to exchange the thing or has the right to withdraw from the contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the thing due to the recurrence of the defect after repair or due to a larger number of defects. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the item.

 

7.11 The warranty period is 24 months (unless a different warranty period is specified for specific cases, parts or components of the item resulting from other facts such as parts subject to normal wear and tear or limited by their life, such as batteries, accumulators) and starts from the date of receipt buyers. In the case of goods sold at a lower price due to a defect, the seller provides a warranty of 24 months, while the warranty does not apply to defects for which the price has been reduced; such defects must be specified in the purchase contract.

 

7.12 After the commencement of the complaint procedure, the warranty period is interrupted until the day of notification of the result of the complaint.

 

7.13 The warranty does not cover defects caused by the use of the product contrary to its intended use, mechanical wear or wear and tear from normal use.

 

7.14 All warranty repairs are free of charge, provided that the right to claim the warranty according to clause 7.24 of these terms and conditions has not expired by the time of their application, under the conditions stipulated by these terms and conditions.

 

7.15 If the goods show defects, the buyer has the right to file a complaint at the seller’s premises in accordance with Art. § 18 par. 2 of the Act by delivering the goods to the seller’s premises to the address:

SYMPATEK s.r.o., Drevarska 2, 052 01 Spisska Nova Ves, Slovak Republic and filling in the complaint form, which the buyer can download HERE and deliver it to the seller. The buyer is obliged to indicate in the form exactly the type, resp. manifestations and extent of defects in the goods.

 

7.16 The complaint procedure of the goods begins on the day when all the following conditions are met:

  • delivery of a duly completed form for making a complaint from the buyer to the seller;
  • delivery of the claimed goods from the buyer to the address specified by the seller in these complaint rules;

The beginning of the complaint procedure is also the day of the complaint.

 

7.17 The seller or a designated person shall issue to the buyer a confirmation of the claim for the goods in a suitable form chosen by the seller, e.g. in the form of an e-mail or in writing, in which he is obliged to accurately mark the defects of the goods in accordance with Art. § 18 par. 5 of the Act and instruct the buyer about his rights arising from para. § 622 and par. § 623 of the Civil Code. If the complaint is made by means of long-distance communication, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint. The confirmation of the claim need not be delivered if the buyer has the opportunity to prove the claim in another way.

 

7.18 Based on the decision of the buyer, which of his rights in accordance with Art. § 622 and par. § 623 of the Civil Code applies, the seller or the designated person is obliged to determine the method of handling complaints under Art. § 2 letter m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the day of the complaint procedure. After determining the method of handling the complaint, the seller or the designated person will handle the complaint immediately, in justified cases at another reasonable time. However, the settlement of the complaint may not take longer than 30 days from the date of the complaint. After the expiration of the period for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods. The seller informs the buyer about the termination of the complaint procedure and the result of the complaint in the form agreed between both parties (by e-mail and registered letter) and at the same time the buyer will receive a complaint protocol together with the goods.

 

7.19 If the buyer has lodged a claim for the goods within the first 12 months from the conclusion of the purchase contract, the seller may settle the claim by rejection only on the basis of an expert opinion or opinion issued by an authorized, notified or accredited person or the opinion of a designated person (hereinafter “expert assessment of goods”). Irrespective of the result of the professional assessment, the seller may not require the buyer to pay the costs of the professional assessment of the goods or other costs related to the professional assessment of the goods.

 

7.20 If the buyer has filed a product complaint after 12 months from the conclusion of the purchase contract and the seller has rejected it, the person who handled the complaint is obliged to state in the complaint handling document to whom the buyer can send the goods for professional assessment. If the buyer sends the goods for expert assessment to the designated person specified in the document on the handling of the complaint, the costs of expert assessment of the goods, as well as all other related purposefully incurred costs shall be borne by the seller, regardless of the result of expert assessment. If the buyer proves by professional assessment the responsibility of the seller for the claimed defect of the goods, he can file a complaint again. The warranty period does not expire during the professional assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the re-filed complaint all costs incurred for the professional assessment of the goods, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.

 

7.21 The buyer is not entitled to claim the warranty for errors of which he was notified by the seller at the time of concluding the contract, or which, taking into account the circumstances under which the purchase contract was concluded, he must have known.

 

7.22 The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:

  • handing over the repaired goods;
  • exchange of goods;
  • refunding the purchase price of the goods;
  • by paying a reasonable discount on the price of the goods;
  • a written invitation to take over the performance specified by the seller;
  • by justified refusal of warranty claim of the goods;

 

7.23 The buyer’s right to claim the warranty from the seller expires:

  • failure to submit proof of payment, delivery note, warranty card or technical passport, accessories or other necessary documentation for the goods;
  • expiration of the warranty period of the goods;
  • mechanical damage to the goods caused by the buyer;
  • the use and application of the goods under conditions which are in conflict with their user manual or operating instructions;
  • neglect of care and / or maintenance of the goods;

 

7.24 The Seller is obliged to issue to the Buyer a written document on the method of handling the complaint and / or its termination no later than 30 days from the date of its application and deliver it to the Buyer by e-mail or post.

 

7.25 The Buyer is entitled to send to the designated e-mail address other suggestions or complaints concerning the procedure of the Seller or the services provided by him and the goods sold. The provisions of this Article shall apply mutatis mutandis to their equipment.

 

7.26 If the buyer wants to exchange the goods due to incorrect ordering, the buyer does not exchange the goods due to defects of the goods (and the buyer did not withdraw from the purchase contract), then the buyer pays all costs of exchanging goods and is not entitled to a refund.

 

7.27 If the buyer is not satisfied with the way in which the seller has handled his complaint or if he believes that the seller has violated his rights, he has the opportunity to turn to the seller to seek redress. If the seller responds to the request for redress in a negative manner or does not respond to it within 30 days from the date of its dispatch, the buyer has the right to file a motion to initiate an alternative solution to his dispute under the provisions of § 12 of Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Laws. The relevant entity for alternative resolution of consumer disputes with the seller is the Slovak Trade Inspection, Prievozska 32, 827 99 Bratislava 27, www.soi.sk, or another relevant authorized legal entity registered in the list of entities for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (list of such entities can be obtained at http://www.mhsr.sk); the buyer has the right to choose which of the above-mentioned ADR entities to turn to.

 

7.28 The Buyer is entitled to use the online dispute resolution platform (hereinafter referred to as the “RSO”) to resolve its disputes, in the language of its choice. The buyer can use the RSO platform, available on the website http://ec.europa.eu/consumers/odr/, to alternatively resolve his dispute. The buyer fills in the electronic complaint form when submitting the submission to the RSO platform. The information they submit must be sufficient to identify the relevant ADR entity online. The buyer may attach documents in support of his complaint.

 

Art. VIII. Processing of personal data

8.1 When processing personal data, we proceed according to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC (hereinafter “GDPR”). “) And Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws.

8.2 Detailed information on how we collect, process and protect the personal data of our customers when using our services is set out in the Privacy Policy.

 

Article IX. Common provisions

9.1 The Seller is entitled not to publish reviews of the goods that are not related to the goods in question, contain inappropriate expressions, are in the seller’s careful discretion, link to other websites or materials or otherwise damage the Seller’s name or reputation.

 

9.2 The contracting parties have agreed that they will communicate with each other mainly through e-mail messages, resp. by letter.

 

9.3 By sending the order, the buyer confirms that the seller, before sending the order, got acquainted with all the information according to § 3 par. 1 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller, as amended, amended and regulated.

 

9.4 For the purposes of these terms and conditions, the seller’s website means the website www.esurfy.sk. For the purposes of these terms and conditions, the internet and electronic shop of the seller means the internet and electronic shop of the seller on the website www.esurfy.sk.

9.5 For the purposes of the purchase contract, the consumer means the consumer as defined in Act no. 250/2007 Coll. on consumer protection and in the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended.

 

9.6 The purchase contract is a contract concluded for a definite period of time, until the fulfillment of all obligations of the contracting parties arising from the purchase contract. The obligations of the buyer from the purchase contract last during the validity of the purchase contract, but the longest until their fulfillment.

 

9.7 The purchase contract, unless otherwise stated, is concluded in the Slovak language.

 

9.8 The purchase contract will be stored with the seller in electronic form for a period of 4 years and is available to the buyer on request during this period.

 

9.9 The Buyer is aware that the purchase of goods from the Seller does not give him any rights to use the registered trademarks, trade names or patents of the Seller or other companies, unless expressly agreed otherwise in writing.

 

9.10 The buyer is entitled to deliver complaints and suggestions to the seller to the addresses specified in Article 7.

 

Art.X. Final provisions

10.1 The Seller reserves the right to change these terms and conditions. The obligation to notify the change of these terms and conditions in writing is deemed to be fulfilled by placing the new wording of the terms and conditions on the seller’s e-commerce website.

 

10.2 In the event that the purchase contract is concluded in writing, any change to it must be in writing.

 

10.3 These terms and conditions take effect against the buyer by sending an electronic order to the buyer.

 

10.4 The seller is not liable to the buyer for lost profits, loss of opportunities or other indirect or consequential losses due to non-fulfillment of the order, breach of contract or otherwise arising in this way.

 

10.5 The Seller reserves the right to set off its due receivables from the Buyer, at the latest when processing a new order, if such obligations to the Seller exist from the past.

 

10.6 By sending the order, the Buyer confirms that he has read, understood and fully agrees with these terms and conditions, which include the Complaints Procedure.

 

These general terms and conditions entered into force on 01.03.2021.