GENERAL TERMS AND CONDITIONS

for online shopping
www.sentop.eu

1. GENERAL PROVISIONS

1.1 These general terms and conditions govern the rights and obligations of the contracting parties arising from a distance purchase contract concluded between:

the seller , who is

Business name: SentopEU, s.r.o.

Registered office: Vyšný Koniec 79, 023 54 Turzovka

ID: 53765699

VAT number: 2121501140

VAT ID : SK 2121501140

Entry in the Commercial Register of the District Court Žilina, Section: Ltd., File No.: 77140/L

IBAN in EUR: SK49 8330 0000 0028 0199 3785

Bank account in CZK (Czech crown): 2801993822/2010

Contact email: info@sentop.sk
Customer Support: support@sentop.sk  
 

and who, in connection with a consumer contract, an obligation arising therefrom or in a commercial practice, acts within the scope of his business or profession, including through another person acting in his name or on his behalf.

(hereinafter referred to as the "Seller")
 

and

the buyer , who is
 

a natural person who, in relation to a consumer contract, an obligation arising therefrom or in a commercial practice, is not acting within the scope of his business activity or profession.

(hereinafter referred to as the buyer)

2. GENERAL INFORMATION OBLIGATIONS OF THE SELLER  

2.1 The main features of the product are listed for each type of product offered in the form of a product description listed in the seller's e-shop.

2.2 Business name, telephone number and registered office or place of business of the seller or the person on whose behalf the seller acts: specified in Article 1 of these Terms and Conditions.

2.3 Product selling price: is stated for each product offered.

2.4 Costs of transport, delivery, postage and other costs and fees: specified in Article 8. Delivery conditions.

2.5 Additional costs and fees may be included in the total price if the costs and fees cannot be determined in advance. The buyer will be informed of these additional costs and fees before the contract is concluded.

2.6 Terms of performance: the seller undertakes:

- deliver the product  according to the purchase contract,

- make the product available to the buyer at the location agreed in the contract,

- pack the product in appropriate packaging at the buyer's expense,

- notify the buyer within a reasonable period of time when the product will be available (the seller or a third party - the delivery company - will inform the buyer continuously via electronic communication about the status of processing and delivery of the subject of the contract),

- bear the risk and all costs associated with the product until it is handed over to the buyer,

- enable the buyer to acquire ownership rights to the product.

2.7  Buyer  takes delivery of the product on time and pays the purchase price .

2.8 The moment of fulfillment of the purchase is the delivery of the product to the buyer and the payment of the agreed price for the product by the buyer.

2.9 The place of performance is the address specified by the buyer in the contract, where the transfer of ownership rights will also occur.

2.10 Payment terms, delivery terms and the period within which the Seller undertakes to deliver or provide the product are set out in Article 8 of these Terms and Conditions.

2.11 Existence and duration of the seller's legal liability for product defects: The seller is liable for defects that the sold product has upon receipt by the buyer. In the case of products sold at a lower price, he is not liable for a defect for which a lower price was agreed. If the products are not perishable or used products, the seller is liable for defects that occur after receipt of the product within the warranty period (warranty). The availability of the consumer guarantee is governed by Section 626 of the Civil Code, as amended. regulations

2.12 The warranty period is 24 months . If a period of use is indicated on the product sold, its packaging or the instructions attached to it, the warranty period shall not end before the expiry of this period. Rights arising from liability for product defects for which the warranty period applies shall lapse if they are not exercised within the warranty period.

2.13 Liability claims for defects in perishable products must be asserted no later than the day following purchase; otherwise, the rights shall lapse. In the case of a used product, liability claims shall lapse if they have not been asserted within 24 months of the date of receipt of the used product by the buyer, or the seller and the buyer may agree on a shorter warranty period, but not less than 12 months.

2.14 Procedure for exercising rights arising from product liability :

- The defect can be reported at any of the seller's establishments, at another person of whom the seller has notified the buyer before concluding the contract or before sending the order, or by means of distance communication at the address of the seller's registered office or place of business or at another address of which the seller has notified the buyer upon concluding the contract or after concluding the contract.

- If the buyer has complained about a defect in a postal item that the seller has refused to accept, the item is considered delivered on the day of refusal.

- The Seller shall provide the Buyer with a written confirmation of the defect immediately after the Buyer has notified the defect. The Seller shall state in the confirmation of the defect the period within which the defect shall be removed in accordance with Section 507, Paragraph 1 of the Civil Code. The period notified pursuant to the preceding sentence shall not be longer than 30 days from the date of notification of the defect, unless a longer period is justified by an objective reason beyond the Seller's control.

- If the seller refuses to accept liability for defects, he shall notify the buyer of the reasons for the refusal in writing. If the buyer proves the seller's liability for a defect by means of an expert opinion or a professional opinion issued by an accredited person, an authorized person or a notified person, he may repeatedly allege the defect and the seller may not refuse liability for the defect; repeated allegation of a defect is not subject to Section 621, paragraph 3 of the Civil Code. The buyer's costs associated with the expert opinion and professional opinion are subject to Section 509, paragraph 2 of the Civil Code.

- If, before concluding the contract, or if the contract is concluded based on the buyer's order before it is sent, the buyer was duly informed by the seller that defects can also be claimed against another person, then the act or omission of this person shall be considered an act or omission of the seller for the purposes of liability for defects.

2.15 After-sales service conditions: Due to the variety of products offered, the seller informs the buyer that if the purchased product needs service, he will be immediately provided with information about the person who provides service for the purchased product upon his request (electronically or in another form).

2.16 Duration of the contract: the contract is concluded for a certain period of time, until the end of the warranty period of the product sold.

2.17 Data on the functionality of the item with digital elements, digital content and digital service, including available technical protection measures: The Seller does not sell products with digital elements or digital content.

2.18 Data on the compatibility and interoperability of the product with digital elements, digital content and digital service that are known to the seller or can reasonably be expected to be known to the seller: The seller does not sell items with digital elements or digital content.

2.19 The buyer has the right to contact the seller with a request for redress at the address: SentopEU, s.r.o., Zochova 1117/97, 026 01 Dolný Kubín, Company ID: 53765699 , if he is not satisfied with the way in which the seller handled his complaint (notice of a defect), or if he believes that the seller has violated his consumer rights.
If the seller responded negatively to this request or did not respond to it within 30 days from the date of its sending, the buyer has the right to file a motion to initiate alternative dispute resolution (hereinafter referred to as "ARD") pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes.

2.20 The subject of alternative dispute resolution is the Slovak Trade Inspection, except for disputes arising from:

- from contracts for connection to the distribution system,

- from contracts for the supply of electricity, gas, heat, drinking water and wastewater disposal concluded with an entity carrying out regulated activities pursuant to a special regulation,

- from contracts for the provision of financial services,

- from public service contracts relating to the quality and price of services,

- from contracts for the provision of postal services and postal payment transactions.

The buyer may submit a proposal to initiate ADR in accordance with Section 12 of Act No. 391/2015 Coll.

2.21 ADR subjects may also be authorized legal entities pursuant to Section 3 of Act No. 391/2015 Coll., which are published on the website of the Ministry of Economy of the Slovak Republic:
https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1

Alternative dispute resolution may only concern a dispute between a buyer and a seller arising from or related to a consumer contract. A consumer is a natural person who, when concluding and performing a consumer contract, is not acting within the scope of his business, employment or profession.

Alternative dispute resolution does not apply to disputes whose value does not exceed EUR 20. The ADR entity may request a fee from the buyer for initiating the proceedings, up to a maximum of EUR 5 including VAT.

2.22 The Buyer shall not pay a different selling price for the product than that stated for the offered product. In the event that an incorrect or different price is stated for the product, the Buyer shall be obliged to pay this price only if he has expressly agreed to it before concluding the contract or before sending the order.
At the same time, the seller does not offer the buyer default options that would require active rejection in order to avoid additional costs.

3.  SPECIFIC INFORMATION OBLIGATIONS OF THE SELLER

3.1 Seller's email address: info@sentop.sk

3.2 Other means of online communication – via WhatsApp: +421 940 609 415

3.3 The Seller acts only in its own name and at its own risk, and the Buyer may exercise rights arising from liability for product defects, withdraw from the contract, request for redress or submit another complaint at the address specified in Article 1 of the Terms and Conditions.

3.4 The Seller does not set the selling price based on automated decision-making, including profiling of a specific consumer.

3.5 Price at an increased rate for the use of means of distance communication used when concluding the contract: 0.00,- EUR

3.6  Right to withdraw from a distance contract and a contract concluded outside the seller's premises

3.6.1  The buyer has the right to withdraw from a contract concluded at a distance and from a contract concluded outside the seller's premises without giving a reason within the period pursuant to Section 20, paragraphs 1 to 3 of Act No. 108/2024 Coll. (hereinafter also the Act in various grammatical forms), except for a contract the subject of which is:
a) provision of a service, if

1. the service has been fully provided and

2. the provision of the service began before the expiry of the withdrawal period with the express consent of the buyer and the buyer declared that he was duly informed that by expressing consent he loses the right to withdraw from the contract after the service has been fully provided, if the buyer is obliged to pay the price under the contract,

b) delivery or provision of a product whose price depends on price movements on the financial market, which the seller cannot influence and which may occur during the withdrawal period,

c) delivery of goods manufactured according to the buyer's specifications or custom-made goods,

d) delivery of goods that are subject to rapid deterioration or spoilage,

e) delivery of goods enclosed in protective packaging that is not suitable for return for health protection or hygiene reasons, if the protective packaging was broken after delivery,

f) the supply of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

g) delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, whereby their delivery can be carried out after 30 days at the earliest and their price depends on price movements on the market, which the seller cannot influence,

h) carrying out urgent repairs or maintenance during a visit to the buyer, which the buyer has expressly requested from the seller; this does not apply to a contract whose subject matter is the provision of a service other than repair or maintenance, and to a contract whose subject matter is the delivery of goods other than spare parts necessary for carrying out repairs or maintenance, if the contracts were concluded during the seller's visit to the buyer and the buyer did not order these goods or services in advance,

i) delivery of sound recordings, video recordings, audiovisual recordings or software in protective packaging that was broken after delivery,

j) delivery of periodicals, except for delivery under a subscription contract,

k) goods purchased at a public auction,

l) provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities, if, according to the contract, the seller is to provide these services at a precisely agreed time or within a precisely agreed period,

m) the supply of digital content that the seller supplies otherwise than on a tangible medium, if

1. the delivery of digital content has begun and

2. the buyer has given explicit consent to the commencement of the supply of digital content before the expiry of the withdrawal period, has declared that he has been duly informed that by expressing consent he loses the right to withdraw from the contract by the commencement of the supply of digital content, and the seller has provided the buyer with confirmation pursuant to Section 17(12)(b) or (13)(b) of the Act, if the buyer is obliged to pay the price under the contract.

3.6.2 The buyer has the right to withdraw from the contract even without giving a reason within the period pursuant to Section 20, paragraph 1, letter b), paragraph 2, letter b) and paragraph 3 of the Act, if the buyer and the seller concluded the contract pursuant to paragraph 1, letters a) to c) or letter e) at a sales event or during an unsolicited visit.

3.6.3 The buyer loses the right to withdraw from a contract concluded remotely or outside the seller's premises, the subject of which is the performance of repairs, at the moment of complete provision of the service, if the buyer has expressly requested the seller to visit for the purpose of performing the repairs and the performance has begun with the consumer's prior express consent.

4. EXERCISE OF THE RIGHT OF WITHDRAWAL FROM A DISTANCE CONTRACT AND FROM A CONTRACT CONCLUDED OUTSIDE THE SELLER'S BUSINESS PREMISES

4.1 The buyer may withdraw from a distance contract and from a contract concluded outside the seller's premises, even without giving a reason, within:

a) 14 days from the date

1. of receipt of the goods by the buyer - the goods are deemed to have been received by the buyer at the moment when the buyer or a third party designated by him, except for the carrier, takes over all parts of the ordered goods, or if

- the goods ordered by the buyer in one order are delivered separately, at the moment of receipt of the goods that were delivered last,

- he delivers goods consisting of several parts or pieces, at the moment of receipt of the last part or last piece,

- he delivers the goods repeatedly over a certain period of time, at the moment of receipt of the first goods.

2. conclusion of a contract whose subject is the provision of a service,

3. conclusion of a contract for the supply of water that is not for sale in a limited volume or in a specified quantity, and a contract for the supply and consumption of heat,

4. conclusion of a contract for the supply of digital content that the seller supplies otherwise than on a tangible medium,

b) 30 days from the date of conclusion of the contract during or in connection with an unsolicited visit or at a sales event or in connection with it.

4.2 If the seller provides the buyer with information about the buyer's right to withdraw from the contract pursuant to Section 19(1) of Act No. 108/2024 Coll., the conditions, time limit and procedure for exercising the right to withdraw from the contract and the seller also provides the buyer with a sample form for withdrawal from the contract pursuant to Annex No. 2 of Act No. 108/2024 Coll., only subsequently, but no later than 12 months from the start of the withdrawal period pursuant to paragraph 1, the buyer may withdraw from a distance contract or a contract concluded outside the seller's business premises within:

a) 14 days from the date on which the seller additionally fulfilled the information obligation, if the period pursuant to paragraph 1 letter a) has expired, or

b) 30 days from the date on which the seller additionally fulfilled the information obligation, if the period pursuant to paragraph § 19 paragraph 1 letter b) of Act No. 108/2024 Coll.

4.3 If the seller does not provide the buyer with information on the instruction on the buyer's right to withdraw from the contract pursuant to § 19 paragraph 1, Act No. 108/2024 Coll., the conditions of Act No. 108/2024 Coll., the period and procedure for exercising the right to withdraw from the contract and the seller also fails to provide the buyer with a sample form for withdrawal from the contract pursuant to Annex No. 2 of the Act, nor pursuant to Section 20, para. 2 of the Act, the buyer may withdraw from a distance contract or a contract concluded outside the seller's premises within 12 months of the expiry of the period pursuant to Section 20, paragraphs 1 to 3 of Act No. 108/2024 Coll., except for a contract whose subject matter is:

a) the provision of a service, if

1. the service has been fully provided and

2. the provision of the service began before the expiry of the withdrawal period with the buyer's express consent and the buyer declared that he was duly informed that by expressing consent he loses the right to withdraw from the contract after the service has been fully provided, if the buyer is obliged to pay the price under the contract,

b) the delivery or provision of a product the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the expiry of the withdrawal period,

c) the delivery of goods manufactured according to the buyer's specifications or custom-made goods,

d) the delivery of goods that are subject to rapid deterioration in quality or spoilage,

e) delivery of goods enclosed in protective packaging that is not suitable for return for health protection or hygiene reasons, if the protective packaging has been broken after delivery,

f) delivery of goods that, due to their nature, can be inseparably mixed with other goods after delivery,

g) delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, while their delivery can be carried out at the earliest after 30 days and their price depends on market price movements that the seller cannot influence,

h) carrying out urgent repairs or maintenance during a visit to the buyer, which the buyer has expressly requested the seller to do; this does not apply to a contract whose subject matter is the provision of a service other than repair or maintenance, and to a contract whose subject matter is the supply of goods other than spare parts necessary for carrying out repairs or maintenance, if the contracts were concluded during the seller's visit to the buyer and the buyer did not order these goods or services in advance,

i) the supply of sound recordings, image recordings, audiovisual recordings or software in protective packaging that was broken after delivery,

j) the supply of periodicals other than their supply under a subscription contract,

k) goods purchased at a public auction,

l) the provision of accommodation services for purposes other than housing, the transport of goods, the rental of cars, the provision of catering services or the provision of services related to leisure activities, if, according to the contract, the seller is to provide these services at a precisely agreed time or within a precisely agreed period,

m) the supply of digital content that the seller supplies otherwise than on a tangible medium, if

1. the supply of the digital content has begun and

2. the buyer has given explicit consent to the commencement of the supply of the digital content before the expiry of the withdrawal period, has declared that he has been duly informed that by expressing consent he loses the right to withdraw from the contract with the commencement of the supply of the digital content, and the seller has provided the buyer with a confirmation of the buyer's declaration pursuant to Section 17, paragraph 10, letter b) of the Act and a confirmation of the buyer's explicit consent pursuant to Section 17, paragraph 10, letter c) of the Act or pursuant to Section 17, paragraph 15 of Act No. 251/2012 Coll., if the buyer has provided them, or Section 17, paragraph 13, letter b) of the Act, if the buyer is obliged to pay the price under the contract.

4.4 The buyer has the right to withdraw from the contract even without giving a reason within the period pursuant to Section 20, paragraph 1, letter b), paragraph 2, letter b) and paragraph 3, of Act No. 108/2024 Coll., if the buyer and the seller concluded the contract pursuant to Section 19, paragraph 1, letters a) to c) or letter e) of Act No. 108/2024 Coll., at a sales event or during an unsolicited visit.

4.5 The buyer loses the right to withdraw from a contract concluded remotely or outside the seller's business premises, the subject of which is the performance of a repair, at the moment of complete provision of the service, if the buyer expressly requested the seller to visit for the purpose of performing the repair and the performance began with the consumer's prior express consent.

 

Procedure for exercising the right of withdrawal: in the Withdrawal Form folder, the Withdrawal Form available at https://sentop.eu/content/8-withdrawal-from-the-contract also contains instructions on how to fill out the form and deliver it to the seller in order to exercise the right of withdrawal.

 

4.6 The buyer is obliged to bear the costs of returning the goods after withdrawal from the contract pursuant to Section 19, paragraph 1, Act No. 1 08/2024 Coll., and if the buyer withdraws from a distance contract, he is also obliged to bear the costs of returning the goods, which, due to their nature, cannot be returned by post.

 

4.7 The Buyer is not entitled to withdraw from the contract the subject of which is:

a) the provision of a service, if

1. the service has been fully provided and

2. the provision of the service has begun before the expiry of the withdrawal period with the Buyer's express consent and the Buyer has declared that he has been duly informed that by expressing consent he loses the right to withdraw from the contract after the service has been fully provided, if the Buyer is obliged to pay the price under the contract,

b) the delivery or provision of a product the price of which depends on price movements on the financial market that the Seller cannot influence and which may occur during the expiry of the withdrawal period,

c) the delivery of goods manufactured according to the Buyer's specifications or custom-made goods,

d) the delivery of goods that are subject to rapid deterioration or spoilage,

e) the delivery of goods enclosed in protective packaging that is not suitable for return for health protection or hygiene reasons, if the protective packaging was broken after delivery,

f) the delivery of goods that, due to by its nature it may be inseparably mixed with other goods after delivery,

g) delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, whereby their delivery can be made at the earliest after 30 days and their price depends on the movement of prices on the market, which the seller cannot influence,

h) carrying out urgent repairs or maintenance during a visit to the buyer, which the buyer has expressly requested the seller to do; this does not apply to a contract whose subject matter is the provision of a service other than repair or maintenance, and to a contract whose subject matter is the supply of goods other than spare parts necessary for carrying out repairs or maintenance, if the contracts were concluded during the seller's visit to the buyer and the buyer did not order these goods or services in advance,

i) the supply of sound recordings, image recordings, audiovisual recordings or software in protective packaging that was broken after delivery,

j) the supply of periodicals other than their supply under a subscription contract,

k) goods purchased at a public auction,

l) the provision of accommodation services for purposes other than housing, the transport of goods, the rental of cars, the provision of catering services or the provision of services related to leisure activities, if, according to the contract, the seller is to provide these services at a precisely agreed time or within a precisely agreed period,

m) the supply of digital content that the seller supplies otherwise than on a tangible medium, if

1. the delivery of the digital content has begun and

2. the buyer has given his explicit consent to the commencement of the delivery of the digital content before the expiry of the withdrawal period, has declared that he has been duly informed that by expressing his consent he loses the right to withdraw from the contract by the commencement of the delivery of the digital content, and the seller has provided the buyer with confirmation pursuant to Section 17, Paragraph 12, Letter b) or Paragraph 13, Letter b), of Act No. 108/2024 Coll., if the buyer is obliged to pay the price under the contract.

4.8 Minimum duration of the consumer's obligation: until the time of receipt of the product

4.8.1 The buyer is obliged to take over the subject of the contract, either personally, in the case of digital products, to the specified electronic address, or through an authorized person upon delivery, which was agreed with him in advance. The duration of this obligation is until the time of receipt of the subject of the contract.

4.8.2 The Buyer is obliged to pay for the subject matter of the contract. The duration of this obligation is at the latest upon delivery of the subject matter of the contract.

4.9 Instructions on the buyer's obligation to pay an advance or provide other financial security: If the seller asks the buyer to pay an advance or provide other financial security because the subject of the contract needs to be modified at the buyer's request, procured with other properties than those specified in the offered product, manufactured according to the buyer's requirements, the buyer is obliged to pay an advance or provide other financial security in the amount determined by mutual agreement to the seller's account specified in Article 1 of these Terms and Conditions.

4.10 Instructions on exercising the buyer's right to withdraw from a distance contract and a contract concluded outside the seller's premises are provided at the link: https://sentop.eu/content/8-withdrawal-from-the-contract

4.11 The information provided above forms an integral part of the distance contract or the contract concluded outside the seller's premises and may only be changed with the express consent of both parties.

4.12 The Seller is obliged to ensure, at the latest at the beginning of the order creation process by the Buyer, that the online interface is marked with clear and legible information about any restrictions on the delivery or provision of the product and information about the payment methods that the Buyer can use to pay the price.

4.13 In the case of a contract concluded remotely via electronic means, the Seller shall, immediately before sending the order to the Buyer, explicitly, clearly and comprehensibly provide information pursuant to:

- § 5(1)(a): the main characteristics of the product to an extent appropriate to the type and nature of the product are stated for each offered product in writing,

- § 5(1)(d) of Act No. 108/2024 Coll., the selling price of the product (PC) is stated for each offered product. If, due to the nature of the product, the sales price cannot be determined in advance, the sales price is calculated as follows: PC = (the seller's costs of procurement or production of the product + the seller's trade margin) x VAT in the amount specified by law.

- The costs of transport, delivery, postage and other costs and fees are specified in the Delivery Terms and Conditions.

- According to Section 5, Paragraph 1, Letter i) of Act No. 108/2024 Coll., the duration of the contract is: until the end of the warranty period of the subject of the contract, if it is a contract concluded for a certain period of time.

4.14 The seller has ensured that the buyer expressly confirms when sending the order that he was aware of the obligation to pay the price. To send the order, it is necessary to press the "order with payment obligation" button in the "send/confirm order" step, which clearly states that sending the order includes the buyer's obligation to pay the price.

4.15 Additional costs and fees may be included in the total price if the costs and fees cannot be determined in advance.

4.16 The buyer is obliged to bear the costs of returning the goods after withdrawal from the contract pursuant to Section 19, paragraph 1 of Act No. 108/2024 Coll., and if the buyer withdraws from a distance contract, also the costs of returning the goods, which, due to their nature, cannot be returned by mail.

4.17 The buyer may withdraw from a distance contract or from a contract concluded outside the seller's premises, the subject of which is the delivery of goods, even before the withdrawal period has begun.

4.18 The buyer may exercise the right to withdraw from a distance contract or from a contract concluded outside the premises of the seller in paper form or in the form of a record on another durable medium and if the contract was concluded orally, any clearly formulated statement of the buyer expressing the buyer's will to withdraw from the contract (hereinafter referred to as the "notice of withdrawal from the contract") is sufficient to exercise the buyer's right to withdraw from the contract. The buyer may use the model form for withdrawal from the contract according to Annex No. 2 of Act No. 108/2024 Coll.

4.19 The period for withdrawal from the contract according to Section 20, paragraphs 1 to 3 of Act No. 108/2024 Coll. is deemed to have been observed if the buyer sends the notice of withdrawal from the contract to the seller no later than the last day of the period.

4.20 In case of doubt about delivery, the notice of withdrawal from the contract sent by the buyer shall be deemed to have been delivered after the expiry of a period appropriate to the method of delivery used, if the buyer can prove that the notice of withdrawal from the contract was sent to the address notified to the buyer by the seller pursuant to Section 5, paragraph 1, letter b) or Section 15, paragraph 1, letters a) to c) of Act No. 108/2024 Coll., or to another address notified to the buyer by the seller after the conclusion of the contract. The notice of withdrawal from the contract shall be deemed to have been delivered on the date of its dispatch to the seller at the address pursuant to the first sentence, if the postal item containing the notice of withdrawal from the contract cannot be delivered to the seller for reasons pursuant to Section 34, paragraph 3, letters a, b, d, of Act No. 324/2011 Coll., on postal services, as amended.

4.21 The Seller is obliged to provide the Buyer with a confirmation of receipt on a durable medium without delay after receipt of the notice of withdrawal if the Buyer has withdrawn from the contract using a special function or withdrawal form available in the Seller's online interface.

4.22 The Buyer may withdraw from the contract only in relation to a specific product or products if the Seller has supplied or provided several products under a distance contract or an off-premises contract.

4.23 The effects of withdrawal from a distance contract or an off-premises contract also apply to any supplementary contract to the contract from which the Buyer has withdrawn; this does not apply if the parties expressly agree on the further duration of the supplementary contract.

4.24 An additional contract pursuant to the point above means any contract for the delivery or provision of an additional product that is related to the subject matter of a distance contract or a contract concluded outside the seller's premises, regardless of whether the product is delivered or provided by the seller or another person based on an agreement with the seller.

4.25 In connection with the termination of an additional contract pursuant to Section 20, paragraph 11 of Act No. 108/2024 Coll., the seller or another person may only demand from the buyer the payment of costs pursuant to Section 21, paragraphs 3 and 5 and Section 22, paragraph 3 of Act No. 108/2024 Coll.

4.26 The burden of proof regarding the exercise of the right to withdraw from the contract shall be borne by the buyer.

5. INSTRUCTIONS ON THE EXERCISE OF THE CONSUMER'S RIGHT TO WITHDRAW FROM A CONTRACT CONCLUDED AT A DISTANCE AND FROM A CONTRACT CONCLUDED OUTSIDE THE SELLER'S BUSINESS PREMISES

5.1 Right to withdraw from the contract

5.1.1 The Buyer has the right to withdraw from this contract without giving a reason within 14 days from the date of receipt of the product by the Buyer pursuant to Section 20, paragraph 4 of Act No. 108/2024 Coll. The product is deemed to have been received by the buyer at the moment when the buyer or a third party designated by him, other than the carrier, takes over all parts of the ordered product, or if:

a) the products ordered by the buyer in one order are delivered separately, at the moment of taking over the product that was delivered last,

b) the product consisting of several parts or pieces is delivered, at the moment of taking over the last part or piece,

c) the product is delivered repeatedly over a certain period of time, at the moment of taking over the first product.

5.1.2 The withdrawal period shall expire after 14 days from the day on which the buyer or a third party designated by him, other than the carrier, takes over the goods.

5.1.3 When exercising the right to withdraw from the contract, the buyer shall inform the seller of his decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail) to the address: SentopEU, s. r. o., Vyšný Koniec 79, 023 54 Turzovka, IČO: 53765699, e-mail: info@sentop.sk

For this purpose, the buyer may also use the model withdrawal form that was handed over or sent, but its use is not mandatory.

5.1.4 If the buyer is interested, he may also fill in and send the model withdrawal form or any other unambiguous statement of withdrawal from the contract electronically via the seller's website: www.sentop.eu If the buyer uses this option, acceptance of the withdrawal from the contract will be confirmed to him without delay on a durable medium (for example, by e-mail).

5.1.5 The withdrawal period is maintained if the buyer sends a notification of the exercise of the right to withdraw from the contract before the withdrawal period expires.

5.2 Rights and obligations of the buyer after withdrawal from a distance contract and a contract concluded outside the seller's premises

5.2.1 The buyer is obliged to return the goods or hand them over to the seller or to a person designated by the seller to collect the goods within 14 days from the date of withdrawal from the distance contract or from a contract concluded outside the seller's premises pursuant to Section 19(1) of Act No. 108/2024 Coll.; this does not apply if the seller proposes to collect the goods in person or through a person designated by him. The period according to the first sentence is deemed to have been maintained if the buyer sends the goods to the seller no later than the last day of the period.

5.2.2 The Buyer is entitled to refuse to return the goods acquired under a contract concluded during an unsolicited visit, at a sales event or in connection therewith, until the Seller refunds the price paid to the Buyer.

5.2.3 When withdrawing from a contract concluded at a distance or from a contract concluded outside the Seller's premises pursuant to Section 19(1) of Act No. 108/2024 Coll., the Buyer shall bear only the costs of returning the goods to the Seller or to a person designated by the Seller to take over the goods; this shall not apply if the Seller has agreed to bear the costs himself or if the Seller has failed to comply with the information obligation pursuant to Section 15(1)(g) of Act No. 108/2024 Coll.

5.2.4 The buyer is responsible for any diminished value of the goods resulting from handling the goods that goes beyond the handling necessary to determine the properties and functionality of the goods.

5.2.5 The buyer is obliged to pay the seller the price for the performance actually provided by the date of delivery of the notice of withdrawal from the contract, if the buyer, pursuant to Section 19, paragraph 1 of Act No. 108/2024 Coll., withdraws from a distance contract or a contract concluded outside the seller's premises, the subject of which is the provision of a service, the supply of water that is not for sale in a limited volume or in a specified quantity, or the supply of heat, and before the start of the provision of the performance, he has given his explicit consent pursuant to Section 17, paragraph 10, letter c) of Act No. 108/2024 Coll. The price for the performance actually provided is calculated proportionally based on the total price agreed in the contract.

5.2.6 The consumer, upon exercising the right to withdraw from a distance contract or a contract concluded outside the seller's premises pursuant to Section 19, paragraph 1 of Act No. 108/2024 Coll., no other obligations or costs arise, except for the obligations under Section 21, paragraphs 1, 3 to 5 of Act No. 108/2024 Coll. and the obligation to pay additional costs under Section 22, paragraph 3 of Act No. 108/2024 Coll., no other obligations or costs arise.

5.2.7 The Seller has the right to compensation for damages (pursuant to the provisions of Section 420 et seq. of the Civil Code) in the event that the Buyer has ordered a product and has not cancelled or withdrawn from the contract and at the same time has not taken over this product from the carrier, or, after the Seller's request, in the event of personal collection, has not taken over the product within the period specified for collection. By doing this, the Buyer has violated his obligation, according to which the Buyer is obliged to take over the ordered product if he does not withdraw from the contract within the statutory period.

 

5.3 Rights and obligations of the seller after the buyer withdraws from the distance contract and from the contract concluded outside the seller's premises

5.3.1 The seller is obliged to return to the buyer all payments received from him on the basis of or in connection with the distance contract, the contract concluded outside the seller's premises or the supplementary contract, including the costs of transport, delivery, postage and other costs and fees, within 14 days from the date of delivery of the notice of withdrawal from the contract.

5.3.2 The seller is obliged to return to the buyer all payments pursuant to Section 22, paragraph 1 of Act No. 108/2024 Coll. to the extent corresponding to the withdrawal from the contract, if the buyer has not withdrawn from the entire distance contract or from the entire contract concluded outside the seller's premises. The seller cannot charge the buyer additional costs for transport, delivery, postage and other costs and fees.

5.3.3 The Seller is not obliged to reimburse the Buyer for additional costs if the Buyer has expressly chosen a method of delivery other than the cheapest common method of delivery offered by the Seller. Additional costs are understood to be the difference between the costs of delivery chosen by the Buyer and the costs of the cheapest common method of delivery offered by the Seller.

5.3.4 The Seller cannot demand from the Buyer reimbursement of costs for

a) the provision of a service, the supply of water that is not for sale in a limited volume or in a specified quantity, or the supply of heat during the period for withdrawal from the contract pursuant to Section 20, paragraphs 1 to 3 of Act No. 108/2024 Coll. regardless of the scope of the performance provided, if

1. the Seller has not provided the Buyer with information pursuant to Section 15, paragraph 1, letter f) or letter h), of Act No. 108/2024 Coll. or

2. the buyer has not given the seller explicit consent to commence the provision of the service or the supply of water or heat pursuant to Section 17(10)(c) of Act No. 108/2024 Coll.

b) full or partial delivery of digital content that the seller supplies otherwise than on a tangible medium, if

1. the buyer has not given the seller explicit consent to commence the supply of digital content pursuant to Section 17(10)(c) of Act No. 108/2024 Coll.

2. the buyer has not declared that he has been duly informed that by expressing consent pursuant to the first point he loses the right to withdraw from the contract, or

3. the seller has not provided the buyer with confirmation pursuant to Section 17(12)(b) or (13)(b) of Act No. 108/2024 Coll.

5.3.5 The seller is not obliged to return payments to the buyer pursuant to Section 22, paragraph 1 of Act No. 108/2024 Coll. when withdrawing from a distance contract or a contract concluded outside the seller's premises, the subject of which is the delivery of goods, before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller, unless the seller proposes to collect the goods in person or through a person designated by him.

5.3.6 The seller is obliged to return payments to the buyer pursuant to Section 22, paragraph 1 of Act No. 108/2024 Coll. in the same way as the buyer used to pay them; this does not affect the seller's right to agree with the buyer on another method of payment, if the buyer is not charged any fees in connection with the payment.

5.3.7 The seller is obliged to ensure the collection of the goods at his own expense within the period pursuant to Section 22, paragraph 1, of Act No. 108/2024 Coll. if, based on a contract concluded outside the seller's premises, the goods were delivered to the buyer's home at the time of conclusion of the contract and, taking into account the nature of the goods, it is not possible to send the goods back to the seller by post.

5.3.8 Unilateral offsetting of claims of the seller and the buyer arising from withdrawal from the contract pursuant to Section 19, paragraph 1, of Act No. 108/2024 Coll. is not permissible under the law.

5.3.9 Withdrawal from a distance contract or a contract concluded outside the seller's premises, the subject of which is digital content or a digital service, is subject to Section 852m, paragraphs 3, 5 to 8 of the Civil Code.

6. SUBJECT OF THE CONTRACT

6.1 The subject of the contract is only the items of goods explicitly stated in the purchase contract - order. The quantity, dimensions, properties, prices, and other data contained on the seller's website are binding data.

6.2 The seller undertakes to deliver to the buyer:

– a product without defects in accordance with the specification or with the properties usual for the given type of goods,

– a product complying with the standards, regulations and orders valid in the territory of the Slovak Republic.

6.3 Requirements for the product sold

6.3.1 The product sold shall comply with the following by category:

a) it corresponds to the description, type, quantity and quality specified in the contract,

b) it is suitable for the specific purpose with which the buyer became acquainted at the latest when concluding the contract,

c) it is characterized by the ability to perform the functions specified in the contract with regard to its purpose,

d) it is characterized by the ability to operate with hardware or software with which a thing of the same type is normally used, without the need to change the thing sold, hardware or software ("compatibility"), and by the ability to operate with hardware or software different from those with which a product of the same type is normally used ("interoperability"),

e) it is characterized by other properties specified in the contract,

f) it is delivered with all accessories specified in the contract,

g) it is delivered with instructions for use, including assembly and installation instructions as defined in the contract, and

h) updates specified in the contract are supplied, if it is a thing with digital elements, and general requirements if:

1) it is suitable for all purposes for which a thing of the same type is normally used, taking into account in particular the legal regulations, technical standards or codes of conduct applicable to the relevant sector, if technical standards have not been drawn up,

2) it corresponds to the description and quality of the sample or model that the seller made available to the buyer before the conclusion of the contract,

3) it is supplied with accessories, packaging and instructions, including assembly and installation instructions, which the buyer can reasonably expect, and

4) it is supplied in the quantity, quality and with the properties, including functionality, compatibility, safety and the ability to maintain its functionality and performance in normal use ("lifespan"), which are normal for a product of the same type and which the buyer can reasonably expect given the nature of the product sold and with taking into account any public statement by the seller or another person in the same supply chain, including the manufacturer, or on their behalf, in particular when promoting the item or on its label; the manufacturer is considered to be the manufacturer of the item, the importer of the item to the European Union market from a third country or any other person who identifies himself as the manufacturer by placing his name, trademark or other distinguishing sign on the item.

6.3.2 According to Section 615(2) of the Civil Code, as amended, a product may not be in conformity with the general requirements if the seller has expressly informed the buyer at the time of conclusion of the contract that a certain property of the item does not comply with the general requirements, and the buyer has expressly and specifically agreed to the non-conformity.

7. METHOD OF CONCLUSION OF THE PURCHASE CONTRACT

7.1 The contract is concluded after the binding acceptance of the buyer's order by the seller via agreed electronic communication and the seller's confirmation to the buyer of the acceptance of the order, after the previous acceptance of the order by the buyer, marked as "order confirmation".

7.2 Binding acceptance of the order contains information about the name and specification of the product, the sale of which is the subject of the purchase contract, information about the price of the product, the name and information about the place where the product is to be delivered and information about the price, conditions, method and date of transport of the product to the agreed place of delivery, or other information.

8. DELIVERY AND PAYMENT TERMS

8.1 The fees for product delivery are as follows:

a) GLS courier service - €5.00 incl. VAT.

b) Slovak Post - €5.00 incl. VAT.

c) UPS - €10.00 incl. VAT.

d) FedEx - €10.00 incl. VAT.

The current fees for delivery of goods are always listed in the shopping cart when completing the order. We reserve the right to adjust the amount of shipping fees in favor of the consumer, and they will always be transparently displayed before confirming the order.

The seller reserves the right to determine the method of delivery of the goods based on the country of delivery. The choice of transport company may be limited according to the availability of delivery services in a specific country. In the event that some delivery companies do not provide services to a certain destination, these options may not be displayed in the shopping cart.

8.2 These fees will be automatically added when confirming the order and the buyer can also clearly see them in the list / overview of the order before sending it.

8.3 The price of delivery of the product is valid within the territory of the Slovak Republic. When sending abroad, the shipping costs are calculated individually based on the contract on the price of shipping outside the territory of the Slovak Republic.

8.4 The buyer is obliged to pay the seller the purchase price of the product agreed in the purchase contract at the time of conclusion of the purchase contract, including the costs of delivering the goods pursuant to Act No. 18/1996 Coll. as amended in the form of:

a) by transfer order or deposit to the seller's account held in the bank specified in point 1, based on the advance invoice sent by the system after receiving the order, or based on the data sent by the seller to the buyer.

b) upon receipt of the goods (in cash, directly to the courier, delivery person)

c) by Paypal and REVOLUT systems,

d) by payment card.

8.5 In the event that the buyer pays the seller the purchase price by bank transfer, the day of payment is considered the day on which the entire purchase price was credited to the seller's account: IBAN: SK49 8330 0000 0028 0199 3785, VS: order number.

8.6 The buyer is obliged to pay the seller the purchase price for the agreed product within the period specified in the purchase contract, but no later than upon receipt of the product.

8.7 The purchase price will be considered paid by crediting the entire purchase price to the seller's account, in the case of payment by transfer to the seller's account, or by paying cash to the courier.

8.8 In the event that the buyer pays the seller the purchase price for the product agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand a refund of the purchase price only in accordance with the applicable laws of the Slovak Republic.

8.9 In the event that the buyer does not pay the seller the entire purchase price upon receipt of the product, the contracting parties have agreed that the seller is entitled to withdraw from the purchase contract and demand compensation from the buyer for the costs incurred for ordering and delivering the unpaid product.

8.10 The costs associated with delivery are not included in the purchase price of the product and the seller is not obliged to provide these services to the buyer.

8.11 The product prices listed on the seller's website are valid at the time of ordering the product. The prices stated in the Seller's printed price list are valid until a new price list is issued.

8.12 The Seller reserves the right of ownership to the product until the purchase price is paid in full.

8.13 The purchase receipt issued on the basis of the purchase contract between the Seller and the Buyer is also a tax document.

8.14 The Buyer can only take over the product after full payment, unless otherwise agreed.

8.15 The price of the product includes the cost of shipping the product as stated above in Article 8.

8.16 The products are sold according to the displayed samples, catalogs, or sample books of the Seller placed on the Seller's e-commerce website.

8.17 Unless the Seller and the Buyer agree otherwise, the Seller undertakes to deliver or provide the product to the Buyer within 30 days of order confirmation.

8.18 The Buyer shall take delivery of the Product at the location specified in the Seller's acceptance of the Buyer's order.

8.19 The place of delivery of the Product shall be the location specified in the Seller's acceptance of the order, unless the parties agree otherwise in the Purchase Agreement.
8.20 In the event that the seller delivers the product to the buyer at the location specified in the purchase contract by the buyer, the buyer shall take over the product in person or ensure that the product is taken over by a person whom he authorizes to take over the product specified in the purchase contract in the event of his absence and signs the protocol on delivery and handover of the product. The third person authorized to take over the product specified in the purchase contract shall submit to the seller (or courier) the original or copy of the purchase contract and proof of payment for the product (if payment preceded delivery of the product) and a written power of attorney. If it is necessary to repeat the delivery of the goods due to the buyer's absence at the location specified in the purchase contract, all costs incurred in this regard shall be borne by the buyer, in particular the repeated delivery of the product to the destination in the purchase contract. The product is considered delivered at the moment of delivery of the product to the address specified in the binding acceptance of the order and taken over at the moment of physical receipt of the product by the buyer, or by his authorized representative or by refusing to accept the product, which the carrier will mark in the delivery and handover protocol.

9. ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK OF DAMAGE TO THE GOODS

9.1 The ownership of the sold product and the risk of accidental destruction, accidental deterioration and loss of the product shall pass to the buyer at the moment of delivery.

10. COPYRIGHT

10.1 Copyright is governed by Act No. 185/2015 Coll. on Copyright, as amended. All works © 01.01.2023 by SENTOP are licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International and may not be misused or passed off as your own in any way.

11. LIABILITY FOR DEFECTS

11.1 Defects of the sold product

The sold product has defects if it does not comply with the requirements under Section 615 of the Civil Code, as amended, or if its use is prevented or restricted by the rights of a third party, including intellectual property rights.

 

11.2 Liability for defects

11.2.1 The seller is liable for any defect that the sold product has at the time of its delivery and which becomes apparent within two years of the delivery of the product.

11.2.2 If the subject of the purchase is a product with digital elements, in which digital content is to be delivered or a digital service is to be provided continuously during the agreed period, the seller is liable for any defect in the digital content or digital service that occurs or becomes apparent during the entire agreed period, but at least within two years of the delivery of the item with digital elements.

11.2.3 In the case of a used product, the parties have agreed on a shorter period of liability of the seller. The seller's liability is one year and one day from the delivery of the product.

11.2.4 The seller is liable for a defect that was caused by incorrect assembly or installation of the product, digital content or digital service, if

a) the assembly or installation was part of the purchase contract and was carried out by the seller or under his responsibility, or

b) the assembly or installation that was to be carried out by the buyer was carried out incorrectly by the buyer due to shortcomings in the assembly or installation instructions provided to him by the seller or the supplier of the digital content or digital service.

11.2.5 The seller is not liable for a defect in a product with digital elements that was caused exclusively by failure to install an update pursuant to Section 617, Paragraph 3, of the Civil Code, as amended. regulations, if the buyer did not install the update within a reasonable period after its delivery and

a) the seller informed the buyer about the availability of the update and the consequences of not installing it, and

b) the failure to install or incorrect installation of the update by the buyer was not caused by deficiencies in the installation instructions provided.

 

11.3. Burden of proof

11.3.1 If the defect becomes apparent before the expiry of the period pursuant to § 619, paragraphs 1 to 3, of the Civil Code, as amended, it is presumed that it is a defect that the product already had at the time of delivery. This does not apply if the contrary is proven or if this assumption is incompatible with the nature of the product or defect.

11.3.2 If the subject of the purchase is a product with digital elements, where the digital content is to be supplied or the digital service is to be provided continuously during the agreed period, the seller bears the burden of proof that the digital content was supplied or the digital service was provided without defects during the period pursuant to Section 619, Paragraph 2 of the Civil Code, as amended.

 

11.4 Rights arising from liability for defects

11.4.1 If the seller is liable for a defect in the product sold, the buyer has the right to have the defect removed by repair or replacement (Section 623 of the Civil Code, as amended), the right to an appropriate discount on the purchase price, or the right to withdraw from the purchase contract (Section 624 of the Civil Code, as amended).

11.4.2 The Buyer may refuse to pay the purchase price or part thereof until the Seller has fulfilled its obligations arising from liability for defects, unless the Buyer is in default with payment of the purchase price or part thereof at the time of notification of the defect. The Buyer shall pay the purchase price without undue delay after the Seller has fulfilled its obligations.

11.4.3 The Buyer may exercise rights arising from liability for defects, including the right to refuse to pay the purchase price or part thereof, until the Seller has fulfilled its obligations arising from liability for defects, unless the Buyer is in default with payment of the purchase price or part thereof at the time of notification of the defect, only if he has notified the defect within two months of the discovery of the defect, at the latest by the expiry of the period pursuant to Section 619, paragraphs 1 to 3, of the Civil Code, as amended. The provision of Section 509 of the Civil Code, as amended, shall apply equally.

11.4.4 The exercise of rights from liability for defects does not exclude the buyer's right to compensation for damage caused by the defect.

 

11.5 Reporting a defect

11.5.1 A defect may be reported at any of the seller's establishments, at another person of whom the seller has notified the buyer before concluding the contract or before sending the order, or by means of distance communication at the address of the seller's registered office or place of business or at another address of which the seller has notified the buyer upon concluding the contract or after concluding the contract.

11.5.2 If the buyer has reported a defect by postal mail that the seller has refused to accept, the shipment is deemed to have been delivered on the date of refusal.

11.5.3 The seller shall provide the buyer with a written confirmation of the reporting of the defect without delay after the buyer has reported the defect. The seller shall state in the confirmation of the defect notice the period within which the defect shall be removed in accordance with Section 507, paragraph 1 of the Civil Code, as amended. The notification period pursuant to the preceding sentence shall not be longer than 30 days from the date of the defect notice, unless a longer period is justified by an objective reason beyond the seller's control.

11.5.4 If the seller refuses liability for defects, he shall notify the buyer of the reasons for the refusal in writing. If the buyer proves the seller's liability for the defect by means of an expert opinion or expert opinion issued by an accredited person, authorized person or notified person, he may repeatedly point out the defect and the seller may not refuse liability for the defect; Section 621, paragraph 3 of the Civil Code, as amended, does not apply to repeated pointing out of the defect. The costs of the buyer associated with the expert opinion and expert opinion are covered by Section 509, paragraph 2, of the Civil Code, as amended.

11.5.5 If, before concluding the contract or, if the contract is concluded on the basis of the buyer's order, before sending the order, the seller has informed the buyer that defects can also be attributed to another person, the actions or omissions of this person shall be considered, for the purposes of liability for defects, as actions or omissions of the seller.

 

11.6. Removal of defects

11.6.1 The buyer has the right to choose to remove the defect by replacing the product or repairing the product. The buyer may not choose a method of removing the defect that is not possible or that would cause the seller disproportionate costs in comparison with the second method of removing the defect, taking into account all the circumstances, in particular the value that the product would have without the defect, the seriousness of the defect and the fact whether the second method of removing the defect would cause the buyer significant difficulties.

11.6.2 The Seller may refuse to remove the defect if repair or replacement is not possible or if it would require unreasonable costs having regard to all the circumstances, including circumstances under which the Buyer cannot choose a method of removing the defect that is not possible or that would cause unreasonable costs to the Seller in comparison with the other method of removing the defect having regard to all the circumstances, in particular the value that the item would have without the defect, the seriousness of the defect and whether the other method of removing the defect would cause significant difficulties to the Buyer.

11.6.3 The Seller shall repair or replace the product within a reasonable period (Section 507(1) of the Civil Code as amended) after the Buyer has pointed out the defect, free of charge, at its own expense and without causing significant difficulties to the Buyer, having regard to the nature of the item and the purpose for which the Buyer requested the item.

11.6.4 For the purposes of repair or replacement, the buyer shall hand over or make the product available to the seller or a person pursuant to Section 622, paragraph 5 of the Civil Code, as amended. The costs of taking over the item shall be borne by the seller.

11.6.5 The Seller shall deliver the repaired product or the replacement product to the Buyer at its own expense in the same or similar manner as the Buyer delivered the defective product, unless the parties agree otherwise. If the Buyer does not take delivery of the product within six months of the date on which it was to be taken delivery, the Seller may sell the product. If the product is of greater value, the Seller shall notify the Buyer of the intended sale in advance and shall grant him a reasonable additional period for taking delivery of the product. The Seller shall immediately after the sale pay the Buyer the proceeds from the sale of the product after deducting the costs reasonably incurred by him for its storage and sale, if the Buyer exercises the right to a share of the proceeds within a reasonable period specified by the Seller in the notice of the intended sale of the product. The Seller may destroy the product at its own expense if it has not been sold or if the expected proceeds from the sale are not sufficient to cover the costs that the Seller has reasonably incurred in storing the product and the costs that the Seller would have had to necessarily incur in selling it.

11.6.6 When eliminating a defect, the Seller shall ensure the removal of the product and the installation of a repaired product or a replacement product, if the replacement or repair requires the removal of a defective product that was installed in accordance with its nature and purpose before the defect became apparent. The Seller and the Buyer may agree that the removal of the item and the installation of a repaired or replacement product shall be ensured by the Buyer at the Seller's expense and risk.

11.6.7 When eliminating a defect by replacing the product, the Seller shall not be entitled to compensation for damage caused by normal wear and tear of the product and to remuneration for normal use of the product before its replacement.

11.6.8 The Seller is liable for defects in the replacement product pursuant to Section 619 of the Civil Code, as amended.

 

11.7 Discount on the purchase price and withdrawal from the contract

11.7.1 The Buyer is entitled to a reasonable discount on the purchase price or may withdraw from the purchase contract without providing an additional reasonable period pursuant to Section 517, paragraph 1, of the Civil Code, as amended, if:

a) the Seller has not repaired or replaced the product,

b) the Seller has not repaired or replaced the product, in accordance with Section 623, paragraphs 4 and 6, of the Civil Code, as amended,

c) the Seller has refused to remove the defect pursuant to Section 623, paragraph 2, of the Civil Code, as amended. regulations,

d) the product has the same defect despite repair or replacement of the product,

e) the defect is of such a serious nature that it justifies an immediate discount on the purchase price or withdrawal from the purchase contract, or

f) the seller has declared or it is obvious from the circumstances that he will not remove the defect within a reasonable time or without causing serious difficulties for the buyer.

11.7.2 When assessing the buyer's right to a discount on the purchase price or withdrawal from the purchase contract pursuant to §624, paragraph 1. letters d) and e) of the Civil Code as amended, all circumstances shall be taken into account, in particular the type and value of the product, the nature and severity of the defect and the possibility of the buyer objectively being asked to trust in the seller's ability to remove the defect.

11.7.3 The discount on the purchase price must be proportionate to the difference between the value of the product sold and the value that the product would have if it were free of defects.

11.7.4 The buyer may not withdraw from the purchase contract pursuant to Section 624, paragraph 1, of the Civil Code as amended, if the buyer has contributed to the defect or if the defect is negligible. The burden of proof that the buyer has contributed to the defect and that the defect is negligible lies with the seller.

11.7.5 If the contract concerns the purchase of several products, the buyer may withdraw from it only in relation to the defective product. In relation to other products, he may withdraw from the contract only if he cannot reasonably be expected to be interested in keeping the other products without the defective product.

11.7.6 After withdrawing from the contract or part thereof, the buyer shall return the product to the seller at the seller's expense. The seller shall ensure the removal of the product that was installed in accordance with its nature and purpose before the defect became apparent. If the seller does not remove the product within a reasonable period, the buyer may arrange for the removal and delivery of the product to the seller at the seller's expense and risk.

11.7.7 After withdrawal from the contract, the seller shall refund the purchase price to the buyer no later than 14 days from the date of return of the product to the seller or after proving that the buyer sent the product to the seller, whichever is earlier.

11.7.8 The seller shall refund the purchase price to the buyer or pay him a discount on the purchase price in the same way as the buyer used to pay the purchase price, unless the buyer expressly agrees to another method of payment. All costs associated with the payment shall be borne by the seller.

11.7.9 The seller shall not be entitled to compensation for damage caused by normal wear and tear of the product and to remuneration for normal use of the product before withdrawal from the purchase contract.

 

11.8 Consumer warranty

11.8.1 The manufacturer or seller may provide the buyer with a consumer guarantee, by which they undertake to refund the purchase price to the buyer, replace or repair the sold product or ensure its maintenance beyond the scope of the rights arising from liability for defects. The buyer has the right to demand from the manufacturer or seller who provided the consumer guarantee, performance of the consumer guarantee under the conditions specified in the guarantee certificate or in the related advertising available at the time of conclusion of the purchase contract or before its conclusion.

11.8.2 If the manufacturer offers a consumer guarantee for the life of the item, the seller has the right to remove the defect against the manufacturer under Section 623 of the Civil Code, as amended, during the duration of the consumer guarantee, unless the manufacturer has provided more favorable conditions in the consumer guarantee for the life of the item.

11.8.3 The manufacturer or seller who provided the consumer guarantee shall provide the buyer with a guarantee certificate on a durable medium no later than the time of delivery of the item in the Slovak language or, with the buyer's consent, in another language. The manufacturer or seller who has provided a consumer guarantee shall state in the guarantee certificate in a clear and understandable manner the requirements pursuant to Section 502, Paragraph 3 of the Civil Code, as amended, and shall state that the buyer has rights against the seller from liability for defects pursuant to Section 621 of the Civil Code, as amended, which are not affected by the consumer guarantee.

11.8.4 Violation of the obligation of the manufacturer or seller who has provided a consumer guarantee pursuant to Section 626, Paragraph 3 of the Civil Code shall not affect the validity of the consumer guarantee.

11.8.5 If the terms of the consumer guarantee in the related advertisement are more favorable to the buyer than the terms of the guarantee certificate, the terms stated in the advertisement shall apply. This does not apply if the manufacturer or seller who provided the consumer guarantee, before concluding the contract with the buyer, has aligned the related advertising with the warranty certificate in the same or similar way as the advertising was carried out.

12. GENERAL PRODUCT SAFETY

12.1 Single point of contact enabling direct communication by electronic means with supervisory authorities:

Central Inspectorate of the Slovak Trade Inspection, Bajkalská 21/A, P. O. BOX 29, 827 99 Bratislava, info@soi.sk

Public Health Office of the Slovak Republic, Trnavská cesta 52, 826 45 Bratislava, uvzsr@uvzsr.sk

12.2 The seller states that the contact point for communication between buyers and him in connection with product safety problems is the seller's telephone number and the seller's e-mail. The contacts are listed in Art. 1 of these GTC.

12.3 The Seller declares that it undertakes to offer only products that comply with Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety and amending Regulation (EU) No. 1025/2012 and Directive (EU) 2020/1828 of the European Parliament and of the Council and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC”

12.4 If, based on the findings of the supervisory authority or the seller, the buyer has purchased a dangerous product, he may return it to the seller. The full amount will be refunded to the buyer.

13. FINAL PROVISIONS

13.1 The seller reserves the right to change these terms and conditions. The obligation to notify in writing of changes to these terms and conditions is fulfilled by placing them on the seller's e-commerce website.

13.2 If the purchase contract is concluded in writing, any change to it must be in writing.

13.3 The contracting parties have agreed that communication between them will be carried out in the form of e-mails reports.

13.4 The relevant provisions of the following laws and regulations apply to relations not regulated by these general terms and conditions: Act No. 108/2024 Coll. on the protection of the buyer and on amendments and supplements to certain laws, Act No. 40/1964 Coll. on the Civil Code (as amended), Act No. 22/2004 Coll. on electronic commerce and on amendments and supplements to Act No. 128/2002 Coll. (as amended).

13.5 These general terms and conditions shall enter into force for the buyer upon conclusion of the purchase contract.

 

In Turzovka, on 10.05.2025

 

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