Terms of use

Terms of use

General Terms and Conditions of Online Shop (e-shop)

Article I.

Definitions

1.    The operator of the website (e-shop) is Merch s.r.o.,with its registered office at Slávičia 10 903 01 Senec.
2.    The seller is Merch s.r.o.,with its registered office at Slávičia 10 903 01 Senec (full details are listed in contacts).
3.    The supplier of goods and services offered in the e-shop www.atteustore.com is the company Merch s.r.o.,with its registered office at Slávičia 10 903 01 Senec (full details are listed in contacts).
4.    The buyer is every visitor to the e-shop, who created an order through the e-shop. For the purposes of Act No. 102/2014 Coll. Consumers shall mean a natural or legal person who does not purchase goods for the purpose of selling them to other persons, for the purpose of doing business or pursuing an employment or occupation.
5.    E-shop is a computer system located on the Internet with a public access that allows ordering of goods or services.
6.    Goods or services are all products published on the e-shop website.
7.    The order is made by confirming the ordering process in the e-shop by selecting the goods or services to the buyer, including complete filling in the order form.
8.     The buyer fully recognizes electronic communication, especially via e-shop, e-mail communication as well as telephone communication. 

Article II.

The price

1. All prices quoted for goods are final with VAT. The seller is a VAT payer.

2. The seller is bound by the price stated on the e-shop website at the moment of purchase. 

Article III.

Order

1. The order is created by confirming the ordering process in the e-shop by choosing the goods or services by the buyer, including complete filling in the order form. For proper order processing, it is necessary to fill in the required data in the order and to choose transport options and payments for ordered goods or services.

2. By placing an order, the buyer agrees with the price of the ordered goods and services and thus the order becomes binding for the consumer.

3. Confirmation of the order by the Seller shall result in a purchase contract which may be changed, canceled or supplemented only by mutual agreement between the Buyer and the Seller, unless otherwise provided by law or regulation.

4. After creating an order in the e-shop, the buyer is automatically generated an e-mail with confirmation of receipt of the order by e-shop. This e-mail is not a confirmation of the goods under paragraph 3. of this article.

5. By sending an order, the buyer is bound to pay the purchase price of the ordered goods. 

Article IV.

Terms of payment

1. The goods and services in the e-shop can be paid for in the following ways:

1. Cash on delivery (you pay directly to the courier / at the post office)

2. Payment on the basis of a payment call - in advance, the goods will be shipped upon receipt of funds to our account

2. A gift voucher is a prepaid amount of money that a buyer can use to purchase based on enough free prepaid funds. The coupon expiration date is shown on it. The nominal value of the gift voucher can be agreed with the buyer.

3. Chargesfor each payment option are set out in Article VI of these General Terms and Conditions.

4. The seller may provide buyers with discount options:

1. discount from the price for registration to e-shop,

2. re-purchase discount

3. discount based on one-time discount coupon

5. Discounts provided cannot be cumulated. 

Article V.

Terms of Delivery

1. The seller is obliged to send the goods to the buyer within 30 days of the purchase contract, unless agreed otherwise, or if the delivery period was not longer.

2. If the goods are in stock, they are shipped according to capacity options in the shortest possible time.

3. If there are several goods and services in the order and part of them is not in stock, we will inform the buyer about the possibility of partial deliveries.

4. The invoice (tax document) is sent exclusively electronically, pursuant to Act No. 222/2004 on Value Added Tax, § 71 paragraph 1 letter b) in PDF format, upon receipt of payment for the order.

6. The place of fulfillment shall be deemed to be the place of delivery.

7. The Seller carries out transport to the Buyer by:

                            a. mail,

                            b. courier company

                            c. distribution network Zásielkovňa 

Article VI.

Transportation, packing and payment options

1. For shipping charges and payment service charges, see Shipping and Payment Terms.

2. The Seller may also agree with the Buyer on a non-standard (above) procedure for sending goods or services as well as prices for those services.

3. The Seller may send the goods which are immediately available to the Buyer and deliver the remainder of the order additionally within the statutory period, provided that no additional postage is charged to the Buyer, other than that included in the order. 

Article VII.

Transfer of ownership

1. The right of ownership passes from the seller to the buyer only after the full price for the subject of the purchase contract has been paid out.

2. The Seller reserves the right to dispose of the goods or services to which the Seller's ownership right still applies in the case of claiming the Buyer only at the moment of the full payment of the subject of the Purchase Contract. 

Article VIII.

Cancellation of the purchase contract

1.    The buyer has the right to cancel the ordered goods or service within 24 hours of the purchase contract without any cancellation fee. 

Article IX.

The right of the consumer to return the goods without giving any reason and informing the consumer

1. The Consumer shall, by Act No. 102/2014 Coll. on Consumer protection in the sale of goods or services on the basis of a distance contract or contracts concluded outside the Seller's premises and on amendments and supplements to certain Acts (hereinafter referred to as the "Act") pursuant to Section 7 and the following right to withdraw from the contract of sale up to 14 calendar days from the date of receipt of the goods. If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract even before delivery of the goods.

2. If the consumer wishes to use this right, the consumer is obliged to deliver the written withdrawal from the purchase contract personally no later than on the last day of the specified period to the seller's contact address or hand it over to the postal transport no later than the last day of the period to the address stated in the contacts. The consumer is obliged to send or deliver personally the subject of the contract from which he resigns together with all documentation - eg. the original of the invoice, instructions and other documentation for the goods delivered to it together with the goods, but no later than within 14 days from the date of withdrawal (Section 10 paragraph 1 of the Act). We recommend that buyers make a copy of the invoice for their own use and send the goods by registered mail and as an insured item. You can use the following form to withdraw from the contract: Withdrawal from the Purchase Agreement, which must be filled in with a minimum of "*" - an asterisk. (Http://www.nakupujbezpecne.sk/docs/form/odstupenie%20od%20zmluvy.pdf).

3. Do not send us goods by cash on delivery, such goods will not be taken.

4. The operator of the e-shop shall return the paid performance for the goods / service, including the costs of transport within the meaning of the provisions of the provision Section 9 paragraph 3) of Act No. 102/2014 Coll. as well as the costs demonstrably incurred for ordering the goods within 14 days of the date of delivery of the withdrawal, but does not have to return the money before the goods are delivered or the consumer does not show the goods, unless the seller has suggested picking up the goods themselves.

5. The cost of returning the goods shall be borne by the consumer.

6. The right of withdrawal shall not apply to goods and services as defined in  Section 7 paragraph 6 letters a) to l) of Act No. 102/2014. Coll.

7. The consumer shall bear any reduction in the value of the goods caused by its use beyond what is necessary to establish the functionality and characteristics of the goods. 

Article X.

Rights and obligations of the parties

1. The Seller and the Buyer shall be deemed to be Parties.

2. The buyer is required to:

1. receiptthe ordered goods.

2. pay the agreed remuneration for the goods to the seller,

3. check the integrity of the packaging or and the goods themselves when it was receipted.

3. The seller is obliged to:

1. deliver the goods to the customer in the required quality, quantity and agreed price,

2. together with the goods or additionally send to the customer all documents for the goods, such as invoice for goods, complaint letter, instructions for use in codified form of the Slovak language. 

Article XI.

Privacy

1. Personal data are processed in accordance withAct No. 122/2013 Coll. on Personal Data Protection, as amended.

2. The operator shall not disclose personal data of the buyer to a third party, other than the shipping company for the delivery of goods or services, or to the public authorities in the case of control.

3. The operator shall obtain from the buyer the following personal data: title, name, surname, address, address for delivery, telephone number, e-mail address.

4. Your personal data are processed for the purpose of your order processing.

5. The operator is obliged to provide personal data prior to making it available to unauthorized persons who have processed it in the security directive.

6. If the buyer has agreed to process personal data when registering in e-shop for marketing purposes, he has agreed to send primarily e-mail messages to the contact e-mail address, by telephone or by mailing to the contact address.

7. The Buyer may revoke his consent at any time by sending an Appeal with the processing of personal data, which we block or liquidate immediately. And from our side, we will no longer use your personal information for marketing purposes.

8. Personal data are processed in accordance with European legislation and the "GDPR" regulation, modified on this page. 

Article XII.

Contractual penalty

1. The Seller reserves the right to impose on the Buyer a contractual penalty of € 5 (five euros) in the event of a Purchase Contract that has not been withdrawn or withdrawn and has not picked up the Goods from the carrier and has been returned to the Seller or invited by the Seller to take over the goods, while the goods have not been taken over, as it violated the provisions in Article X. point 2 letter a).

2. This contractual penalty includes transport costs as well as other costs of the seller related to non-fulfillment of the purchase contract. 

Article XIII.

Final provisions

1. The Seller reserves the right to amend these General Terms and Conditions of Sale and Claim without prior notice to Buyer. In the event of a change in the general terms and conditions or the terms of the complaint, the entire purchase process is governed by the general terms and conditions that were in force at the time the order was sent by the buyer and are available on the seller's website.

2. Complaints are also an integral part of these general terms and conditions.

3. By submitting the order, the buyer has read the general terms and conditions as well as the terms and conditions and agrees with their wording.

4. These conditions were elaborated within the project of certification of the e-shop nakupujbezpecne.sk

5.  These General Terms and Conditions of Sale and Claim Conditions are available at the registered office of the Company for inspection by the Buyer as well as on the e-shop website.

6. Otherwise, unregulated relationships in these general terms and conditions as in their integral parts (annexes) shall be governed by the relevant provisions of, in particular,Act No. 40/1964 Coll., Act No. 250/2007 Coll., Act No. 102/2014 Coll., Act No. 122/2013 Coll., Act No. 22/2004 Coll. as well as Act No. 513/1991 Coll.

7. These General Terms and Conditions, including their integral parts, shall enter into force on 15 June 2014.

8.     If the consumer is not satisfied with the way in which the seller has settled his claim or if he believes that the seller has violated his rights, he has the opportunity to apply to the seller for remedy. If the seller responds to the request for remedy or does not reply to it within 30 days from the date of its dispatch, the consumer shall, pursuant to Section 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on the Amendment and Supplementation of Certain Laws, use the right to submit an alternative resolution to its Dispute. The relevant entity for the alternative solution of consumer disputes with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or another competent legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s), with the consumer having the right to choose which of these ADR entities to refer. At the same time, the consumer can use the online dispute resolution platform, available at http://ec.europa.eu/consumers/odr/, to submit a proposal for an alternative dispute resolution. Information on resolutioncharges can be found by the consumer on the website of a specific ADR entity.
9.      

In Senec, May 01, 2019

                                                                                             Ladislav Menyhart

                                                                                                registered agent

Complaints Terms and Conditions of e-shop

An integral part of the General Terms and Conditions

1.    Only goods that have been purchased from the Seller and which are the property of the Buyer may be claimed.
2.      If the right of ownership has not yet passed to the seller to the buyer, the buyer, in accordance with valid legislation, pays the right to settle the claim only after full payment in accordance with Section 151 of the Civil Code.
3.      If the buyer is a consumer (a natural person who does not act within the scope of his business, employment or occupation) for all the goods offered, a guarantee of 24 months is provided, unless otherwise stated in the goods and in accordance with the Act on Consumer Protection and Civil Code. If the buyer is not a consumer, the provisions of the Commercial Code shall apply and the warranty period shall be 1 year. The warranty period begins on the date of receipt of the goods from the shipping company or directly from the seller if the goods are takenby the buyer on the day of receipt.
4.     The buyer is obliged to apply the complaint without delay by the seller as soon as the discovery of the defect.
5.     Liability for defects does not apply to defects caused by the following use:

1. the defect has been caused by mechanical damage to the product caused by the buyer

2. improper handling of the product in a manner other than that specified in the instructions for use,

3. the use of goods in conditions which do not match the moisture, chemical and mechanical effects of the natural environment of the goods;

4. neglecting care and maintenance for goods

5. damage to the goods by overloading

6. Use of the Goods in violation of the terms of the documentation, general principles, technical standards, or safety regulations or other breach of warranty.

6.     Defects caused by natural disaster are also excluded from liability for defects.
7.     Liability for defects does not also apply to the normal wear and tear of the goods (or parts of it) caused by the use of the goods. Thus, shorter product life cannot be considered a defect and cannot be claimed.
8.     The claimed goods must be sent to our address below but not cash on delivery. The goods should be suitably packed so that the goods are not damaged during transport and we recommend to send the goods by registered mail or as an insured item. It is necessary to attach a copy of the purchase receipt (invoice) to the goods and we recommend attaching a completed Complaint form. (The complaint must be sent only in writing (by post).
9.     The Seller shall confirm receipt of the claim and issue to the Buyer a confirmation of the claim of the goods in a suitable form. The day of the claim is considered to be the date of its delivery to the Seller. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest along with the proof of the claim equipment. The complaint confirmation will be sent in writing.
10. The Seller is obliged to determine the method of handling the claim immediately, in complex cases within 3 days from the date of the claim. In justified cases, in particular where complex technical recovery of the goods is required no later than 30 days after the date of the claim. After determining the way of handling the complaint, the seller will settle the claim immediately, in justified cases the complaint may be settled later. However, the claim may not be processed for more than 30 days from the date of the claim. After the expiry of the 30-day period for handling the claim, the buyer has the right to withdraw from the purchase contract and the full amount for the goods or the right to exchange the goods for a new one will be returned to him.
11. Buyer's rights for applying a claim:

1. in a case of a removable defect, the buyer has the right to have it removed for free, properly and on time. The seller decides on how to eliminate the defect. The Buyer may request the replacement of a defective item for error free, if the defect does not incur unreasonable costs due to the price of the goods or the seriousness of the error,

2. if an irreparable error occurs that prevents the proper use of the item for the purpose, the buyer has the right to either exchange the item or withdraw from the purchase agreement (refund).

3. the complaint is considered to be settled if the complaint procedure is terminated by handing over the claimed goods, its replacement or the refund of the purchase price of the goods, a written request for acceptance of the performance or its justified refusal.

12. the integrity of the packaging (according to the instructions for acceptance of the goods) must be checked when accepting the goods, as the goods may be damaged during transport, we recommend to the buyers to unpack the goods and view them in the presence of the carrier. By your signature to the courier you declare that the packaging is undamaged.

3. These terms and conditions are an integral part of the General Terms and Conditions, and the Seller reserves the right to change them at any time without prior notice to the Buyer.
4. Contact address for sending complaints from Slovakia and other countries outside the Czech Republic: Merch s.r.o., P.O.BOX 208, 903 01 Senec, Slovenská republika,Czech customers can send the goods to the following address: Merch s.r.o, Rybníky IV, 738 760 01 Zlín, Czech Republic.If you have any questions, you can also send us an e-mail on shop@atteustore.com

In Senec, May 01, 2019