sending the notice of withdrawal from the contract to the address notified by the trader to the customer or to another address notified by the trader to the customer after the conclusion of the contract. The notice of withdrawal from the contract is deemed to have been delivered on the date of its dispatch to the trader to the address according to the first sentence, if the postal item containing the notice of withdrawal from the contract cannot be delivered to the trader for reasons according to a special regulation.

h.     The trader is obliged to provide the customer with a confirmation of delivery on a durable medium immediately after receiving the notice of withdrawal from the contract, if the customer withdrew from the contract using a special function or withdrawal form available in the trader's online interface.

and.       The customer may withdraw from the contract only in relation to a specific product or products if the trader has supplied or provided multiple products under a distance contract or a contract concluded outside the trader's premises.

j.       The customer is obliged to return the undamaged goods to the trader or hand them over to the trader or to a person authorised by the trader to take over the goods within 14 days of the date of withdrawal from the distance contract or from the contract concluded outside the trader's premises. The period according to the first sentence is considered to have been met if the goods were handed over for transport no later than the last day of the period.

to.      The customer is responsible for any reduction in the value of the goods resulting from handling the goods that goes beyond the handling necessary to determine the properties and functionality of the goods.

l.       When withdrawing from a contract concluded at a distance or from a contract concluded outside the trader's premises by the customer pursuant to this article of the GTC, the consumer bears the costs of returning the goods to the trader or a person authorized by the trader to take over the goods.

Withdrawal from a purchase contract, the subject of which is the delivery of goods, by the customer pursuant to paragraphs a. to l. of this article of the GTC does not apply to a contract for work concluded between a trader and a customer who is a consumer.

m.    The customer may withdraw from a contract for work concluded between a trader and a customer who is a consumer only for reasons stipulated in the relevant legal regulations, in particular in the Civil Code.

n.     The trader is obliged to return to the customer all payments received from the customer under or in connection with the contract, including transport, delivery and postage costs and other costs, without undue delay and no later than 14 days from the date of receipt of the notice of withdrawal from the distance contract or from the contract concluded outside the trader's premises, and  fees. However, the trader is not obliged to reimburse the customer for additional costs if the customer has expressly chosen a method of delivery other than the cheapest standard method of delivery offered by the trader. The trader is obliged to refund to the customer all payments received from him on the basis of or in connection with a distance contract, a contract concluded outside the trader's premises to the extent corresponding to the withdrawal from the contract, unless the customer has withdrawn from the entire distance contract or the entire contract concluded outside the trader's premises. The trader may not charge the customer additional costs for transport, delivery, postage and other costs and fees. The trader is obliged to refund to the customer all payments under this paragraph in the same way as the consumer used for his payment. This does not affect the consumer's right to agree with the supplier on another method of payment, if no additional fees are charged to the consumer in connection with this. The trader is not obliged to return the payments to the customer under this paragraph before the goods are delivered to him or until the customer proves that the goods have been sent back to the trader. The trader is obliged to ensure the collection of the goods at his own expense within 14 days from the date of delivery of the withdrawal from the contract by the customer, if, based on a contract concluded outside the trader's premises, the goods were delivered to the customer'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 trader by post. Unilateral offsetting of claims of the trader and the customer arising from withdrawal from the contract pursuant to letter a. of this article of the GTC is prohibited.

 

 

 

10 Liability for defects

and.    The customer is obliged to inspect the goods or work or arrange for its inspection as soon as possible after the risk of damage to the goods (work) has passed, taking into account the nature of the goods (work). The customer is obliged upon acceptance  inspect the shipment of goods and, in the event of obvious damage to the surface of the shipment or goods, or obvious internal damage or loss of the contents or part of the contents (hereinafter referred to as "apparent defects"), report these obvious defects to the carrier or trader by pointing out the defect. A damage report must be made immediately on the extent of the obvious defects. The carrier's representative is obliged to make such a report. Further handling of the defective goods must be carried out in accordance with the trader's instructions. If the customer fails to make a report on the extent of the obvious defects or loss of the goods without undue delay, in which he provides a detailed description of the defect and its extent, the way in which the defect manifested/manifests itself, and how the goods were lost, the trader is not liable for these obvious defects of the goods.

b.   In the event that the goods have defects, the customer is obliged to report the detected defects to the merchant immediately after discovering the defect. The customer is obliged to properly document the detected defect.

c.    The customer has the right not to accept the goods (work) if there is visible mechanical damage obviously caused by transport, or if the goods (work) are incomplete.

d.    The warranty does not apply to normal wear and tear of the goods (work) caused by use.

e.    The trader is not liable for defects in the goods that the customer knew about at the time of concluding the contract or, taking into account the circumstances under which the contract was concluded, should have known about, or in the event that the customer did not document the defects in accordance with letters a. and b. of this article of the GTC, unless the defects relate to the properties of the goods that the goods were supposed to have according to the purchase contract or contract for work. 

f.     The claim for defects and liability for defects cannot be applied to goods damaged by unprofessional handling or assembly by the customer, or third parties to whom the customer has allowed the assembly or handling of the goods, with the exception of persons authorized by the trader. It is also impossible to apply the claim for defects or liability for defects if the customer assembles or processes the goods himself or through third parties and as a result of such unprofessional assembly or handling, a defect occurs in the goods.

Mr.    The merchant is not liable in any way for loss, damage, destruction or theft of goods (works) caused, or defects in goods (works) arising after the risk of damage has passed to the customer, except in the case of a provided or agreed quality guarantee.

h.   The trader is not liable in any way for defects that occurred due to mechanical damage to the goods (work), operation of the goods in inappropriate conditions (chemically aggressive, dusty, humid environment, in a strong magnetic field), interference with the goods (work) by someone other than an authorized person of the trader, or that were caused by a natural disaster or incorrect power supply voltage. 

and.     The customer shall immediately apply the claim for defects and the right to claim defects in the goods and the performance of the work in writing to the trader. The customer is obliged to prove the purchase of the goods or the ordering of the work with all documents received from the supplier, including the order confirmation, delivery note and other related documents, and if it is a product with a guarantee, also with a confirmed guarantee letter. The customer cannot be granted the right to claim defects in the goods or the work if he did not report the defects of the goods to the trader without undue delay after the customer learned about them or after the customer, after exercising professional care, should have discovered the defects during the inspection of the goods or the work, which he is obliged to carry out.

j.     The customer cannot initiate a claim for a defect in cases where the customer does not prove that he purchased the goods from the trader, i.e. does not submit a copy of the delivery note, invoice (or other form of tax document) and warranty certificate, or otherwise does not prove that he purchased the goods from the trader.

to.    In the event of an unjustified claim of a defect or claim of liability for defects by the customer, the trader has the right to demand a fee from the customer in the amount of the costs incurred by the trader in connection with this claim of a defect, in particular the costs of transport, technician work, damage to the goods, storage costs, etc.

l.     The procedure for exercising liability for defects - applying for a defect claim is regulated in the complaints procedure ( https://www.ekodren.sk/reklamacny-poriadok ).

 

 

10.1. Liability for defects and the consumer

and.      The merchant declares that the goods and goods with assembly sold by him have the presented properties, quality, meet the agreed and general requirements, correspond to the description, type, quantity and quality.

b.     The customer must report defects to the supplier without undue delay. The customer may exercise rights arising from liability for defects only if he has reported the defect no later than 2 months after the defect was discovered, no later than 2 years after the goods were taken over. If the customer does not report the defect within this period, the right shall lapse. The customer may assert rights arising from liability for defects in court only if he has reported the defect no later than 2 years after the goods were taken over .

c.      The trader is responsible for defects that the sold goods have upon receipt by the customer and for defects that arise after receipt of the goods during the warranty period (warranty).

d.      The trader is liable for a defect caused by incorrect assembly of the goods, if the assembly was part of the contract and was carried out by the trader under his responsibility within the warranty period (guarantee).

e.      If a defect in the goods or work performed becomes apparent before the expiry of the warranty period, it is assumed that the defect already existed in the goods or work at the time of acceptance by the customer. This does not apply if the contrary is proven or if this assumption is incompatible with the nature of the goods, work or defect.

f.       The warranty period is 2 years and begins on the date of receipt of the goods or acceptance of the work by the customer .

Mr.      Claims for liability for defects are:

a)      the right to remove the defect by repair or replacement (Section 623 of the Civil Code), remove other defects in the goods, demand delivery of missing goods,

b)     the right to a reasonable discount on the purchase price (price for the work), or

c)      the right to withdraw from the contract (Section 624 of the Civil Code).

h.     The Customer may refuse to pay the purchase price or part thereof until the Merchant has fulfilled its obligations arising from liability for defects, unless the Customer is in default of payment of the purchase price or part thereof at the time of the defect being pointed out. The Customer shall pay the purchase price without undue delay after the Merchant has fulfilled its obligations.

and.       The exercise of rights arising from liability for defects does not exclude the customer's right to compensation for damage incurred as a result of the defect.

j.       If the nature of the work does not allow its return or handover to the merchant, the customer cannot demand the performance of a replacement work .

to.      The customer is entitled to submit a complaint of a defect at any of the trader's premises during the warranty period, no later than the last day of the warranty period, i.e. the complaint of a defect must be delivered either directly to the trader at the address of the trader's registered office or premises. However, it is not sufficient if the customer submits the complaint of a defect for transport via postal services on the last day of the warranty period.

l.       If the customer has complained about a defect in a postal item that the trader has refused to accept, the item is considered delivered on the date of refusal.

m.    When claiming a defect, the responsible employee of the trader is obliged to inform the customer of his rights pursuant to the provisions of Sections 621 and 622 of the Civil Code (listed in letter g. point 10.1 of this article of the GTC).

n.     The trader is obliged to issue a written confirmation of the defect notification to the customer when applying the defect notification. The trader shall state in the confirmation of the defect notification the period within which the defect will be removed. The period for notification of the defect removal may not be longer than 30 days from the date of the defect notification. The period notified in accordance with the previous sentence may not be longer than 30 days from the date of the defect notification, unless a longer period is justified by an objective reason that the trader cannot influence. This confirmation is a copy of the complaint protocol.

oh.     The trader is obliged to resolve the claimed claim of defect as soon as possible, no later than 30 days from the date of the claim of defect. The period for resolving the claimed claim of defect begins to run from the date of receipt of the goods by the trader.

 

If the customer has claimed a defect, and the defect in the goods was caused by the customer, namely by damage to the goods, improper use, or improper handling, the customer is obliged to reimburse the trader for all costs associated with handling the complaint.

Mr.     The trader will handle the complaint of a defect in the following ways: by repairing the goods, if technically possible, by replacing the goods, by refunding the purchase price or by reasoned rejection.

q.      The customer has the right to choose to have the defect removed by replacing the goods or repairing the goods , if the defects are removable. The customer may not choose a method of removing the defect that is not possible or that would cause the trader disproportionate costs compared to the second method of removing the defect, taking into account all the circumstances, in particular the value that the goods would have without the defect, the severity of the defect and the fact whether the second method of removing the defect would cause the customer significant difficulties.

year       The trader may refuse to remove the defect if repair or replacement is not possible or if they would require unreasonable costs taking into account all the circumstances, in particular the value that the goods would have without the defect, the severity of the defect and whether the other method of removing the defect would cause significant difficulties for the customer.

p.      The trader will repair or replace the goods within a reasonable period of time after the customer has pointed out the defect, free of charge, at his own expense and without causing serious inconvenience to the customer, taking into account the nature of the goods and the purpose for which the customer requested the goods.

i.e.       The trader shall deliver the repaired goods, if the defects are repairable, or a replacement item to the customer at his own expense in the same or similar manner as the customer delivered the defective goods, unless the parties agree otherwise. If the customer does not take over the goods within 6 months of the date on which the goods were to be taken over, the trader may sell the goods. If the goods are of greater value, the trader shall notify the customer of the intended sale in advance and grant him a reasonable additional period for taking over the item. The trader shall immediately pay the customer the proceeds from the sale of the goods after deducting the costs reasonably incurred for their storage and sale, if the customer exercises his right to a share of the proceeds within a reasonable period specified by the trader in the notification of the intended sale of the item. The trader may destroy the item at his 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 trader has reasonably incurred in storing the item and the costs that the trader would necessarily have to incur in selling it.

at.      When eliminating a defect by replacing the goods, the trader is not entitled to compensation for damage caused by normal wear and tear of the item and to compensation for normal use of the goods before their replacement.

in. The customer has the right to a reasonable discount on the purchase price or may withdraw from the purchase contract.

(contract for work) even without granting an additional reasonable period of time, if

and.                    the trader did not repair or replace the goods,

ii.                  the trader did not repair or replace the goods because the customer did not hand over the goods to the trader, iii. the seller refused to remove the defect on the grounds that repair or replacement was not possible or required unreasonable costs having regard to all the circumstances, including, in particular, the value that the goods would have had without the defect, the seriousness of the defect and whether the other method of removing the defect would cause the customer significant difficulties,

iv.           the goods have the same defect despite repair or replacement of the goods,

in.            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

vi.           the trader has declared or it is obvious from the circumstances that he will not remove the defect within a reasonable period of time or without causing serious difficulties for the customer.

w.    When assessing the customer's right to a discount on the purchase price or withdrawal from the purchase contract according to point

v. and vi. referred to in the previous letter of this article of the Complaints Procedure, all circumstances will be taken into account, in particular the type and value of the goods, the nature and severity of the defect and the possibility of objectively requesting the customer to trust in the trader's ability to eliminate the defect.

x.      The discount on the purchase price must be proportionate to the difference between the value of the goods sold and the value the goods would have had if they were free of defects.

y.      The customer may not withdraw from the purchase contract pursuant to letter y. of this article of the Complaints Procedure if the customer participated in the occurrence of the defect or if the defect is negligible. The burden of proof that the customer participated in the occurrence of the defect and that the defect is negligible lies with the trader.

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

aa.   After withdrawing from the contract or part thereof, the customer shall return the goods to the trader at the trader's expense.

no.  After withdrawal from the contract, the trader will refund the purchase price to the customer no later than 14 days from the date of return of the goods to the trader or after proving that the customer sent the goods to the trader, whichever occurs first.

cc.   The merchant will refund the purchase price to the customer or pay him a discount on the purchase price in the same way that the customer used to pay the purchase price, unless the customer expressly agrees to another method of payment. All costs associated with the payment are borne by the merchant.

dd.  The trader is not entitled to compensation for damage caused by normal wear and tear of the goods and to compensation for normal use of the goods before withdrawal from the contract.

ee.   If the customer - is not satisfied with the way in which the trader has handled the claimed complaint of a defect or if he believes that the trader has violated his rights, he has the option of contacting the trader with a request for redress. If the trader responds negatively to the request for redress under this paragraph or does not respond to it within 30 days from the date of its sending, the customer has the right to file a proposal to initiate an alternative resolution of his dispute pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes, as amended. 

ff.     The competent entity for alternative dispute resolution of consumer disputes pursuant to the previous paragraph of this article of the GTC with the trader is the Slovak Trade Inspection or another authorized consumer organization, registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic.        republic        (list         is        available           on       web       headquarters    ministries    on       address https://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1?csrt=591737335301775527 ).

gg.   If several entities are competent for alternative dispute resolution according to letter hh.. and ii. point 10.1 of this article of the GTC, the customer has the right to choose which of the listed entities for alternative consumer dispute resolution to contact. The customer can use the online dispute resolution platform, which is available on the website, to submit a proposal for alternative resolution of his dispute.  http://ec.europa.eu/consumers/odr/ .

hh.  If the trader refuses liability for defects, he shall notify the customer of the reasons for the refusal in writing. If the customer proves the trader'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 trader may not refuse liability for the defect; repeated allegation of a defect is not subject to Section 621(3) of the Civil Code. Customer's costs associated with the expert opinion and professional opinion  must apply to the merchant within 2 months at the latest, otherwise the right will expire.

ii.      The right to liability for defects in goods for which the warranty period applies shall lapse if not exercised within two months of the discovery of the defect, at the latest by the expiration of the warranty period.

10.2.    Liability for defects and legal entity

and.      The trader and the customer – a legal entity – have agreed to exclude the application of the provisions of Section 425, paragraph 2 and Section 560, paragraph 3 of the Commercial Code, meaning that the trader is only liable for defects that the goods or work have at the time the risk of damage passes to them. The trader's obligations arising from the quality guarantee are not affected by this.

b.     Liability for defects in goods or works to the customer who is not a consumer is governed by the provisions of the Commercial Code, with the exception of special arrangements in the Order, the provisions of this article of these GTC, which take precedence over the dispositive provisions of the Commercial Code.

c.      The customer is obliged to inspect the goods or work as soon as possible after the risk of damage to the goods (work) has passed, taking into account the nature of the goods (work). If the customer does not inspect the goods (work) or does not arrange for it to be inspected at the time of the risk of damage to the goods (work), he may only assert claims for defects detectable during this inspection if he proves that the goods (work) already had these defects at the time of the risk of damage to the goods (work).

d.      Claims for liability for defects are:

a)      If the delivery of goods or the performance of work violates the contract in an insignificant way (i.e. if the defect is remediable) (Section 437(1) of the Commercial Code) and the conditions set out in these GTC are met, the customer may:

and.              request delivery of missing goods,  repair and removal of other defects in the goods, or

ii.            request a reasonable discount from the purchase price (from the price for the work).

b)     If the delivery of defective goods constitutes a material breach of contract (Section 345(2) of the Commercial Code), the customer may:

and.              demand the removal of defects by delivering replacement goods for defective goods, delivery of missing goods and demand the removal of legal defects, 

ii.            demand the removal of defects by repairing the goods, if the defects are repairable, 

iii.           request a reasonable discount from the purchase price (price for the work) or 

iv.      withdraw from the contract.

d.      The choice between the claims specified in the previous paragraph belongs to the customer only if he notifies the trader of this in a timely notification of defects or without undue delay after this notification . The customer cannot change the claim made without the trader's consent. Otherwise, the customer has  claims for defects in goods as in the case of a non-material breach of contract.

e.      In addition to the claims regulated in the provisions of letter d. letter b.) of this article of these GTC, the customer is entitled to compensation for damages, as well as a contractual penalty, if this was agreed in the contract.

f.       If the nature of the work does not allow its return or handover to the merchant, the customer cannot demand the performance of a replacement work .

Mr.      If the delivery of goods or the performance of work with defects results in a non-essential breach of contract and the customer requests the removal of defects in the goods, he may not, before the expiry of an additional reasonable period of time, which he is obliged to grant to the trader for this purpose, exercise any other claims arising from defects in the goods, except for the claim for damages and a contractual penalty, unless the trader notifies the customer that he will not fulfill his obligations within this period. As long as the customer does not specify a reasonable period of time or does not claim a discount on the purchase price (from the price of the work), the trader may notify the customer that he will remove the defects within a certain period of time. If the customer does not notify the trader of his disagreement without undue delay after receiving this notification, this notification shall have the effect of specifying the aforementioned reasonable period of time. If the trader does not eliminate the defects of the goods within the specified reasonable period, the customer may claim a discount on the purchase price or withdraw from the contract if he notifies the trader of his intention to withdraw from the contract when determining the reasonable period or within a reasonable period before withdrawing from the contract. The customer may not change the chosen claim without the trader's consent.

h.     Until the buyer claims a discount on the purchase price or withdraws from the contract in accordance with the above point, the trader is obliged to deliver the missing goods and remove the legal defects of the goods. The trader is obliged to remove other defects at his discretion by repairing the goods or supplying replacement goods; however, the chosen method of removing the defects must not cause the customer to incur unreasonable costs.

and.       When delivering replacement goods, the trader is entitled to require that the customer return the replaced goods to him at his expense in the condition in which they were delivered.

j.       Claims for defects in goods do not affect the claim for damages or a contractual penalty. The customer who has been entitled to a discount on the purchase price is not entitled to claim compensation for lost profits due to a lack of quality of the goods to which the discount applies.

to.      The satisfaction of claims that can be achieved by exercising any of the claims specified in letter d. of this article of the GTC cannot be achieved by exercising a claim for another legal reason.

l.       The customer cannot withdraw from the contract if he has not notified the trader of the defects in a timely manner. 

m.    The effects of withdrawal from the contract shall not arise or shall cease if the customer is unable to return the goods in the condition in which he received them. This shall not apply if the impossibility of returning the goods in the condition stated therein is not caused by the customer's action or omission, or if the change in the condition of the goods occurred as a result of an inspection duly carried out for the purpose of detecting defects in the goods.

n.     When the customer claims defects in the goods (work), the customer shall deliver the defective goods to the merchant, including a copy of the delivery note and invoice (or other form of tax document) and  .

oh.     When claiming defects in the goods, the trader will issue a confirmation to the customer. This confirmation is a copy of the complaint protocol.

Mr.     The trader is obliged to handle the complaint or remove defects in the goods within a reasonable period of time.

q.      If the defect in the goods or part was caused by the customer, namely by damage to the goods, improper use, or improper handling, the customer is obliged to reimburse the trader for all costs associated with handling the complaint.

year       If it turns out that the defects in the goods are irreparable or that their repair would involve unreasonable costs, the customer may demand the delivery of replacement goods if he requests this from the trader without undue delay after the customer has notified him of this fact. If the trader does not eliminate the defects in the goods within a reasonable additional period or if he notifies before its expiry that he will not eliminate the defects, the customer may withdraw from the contract or demand an appropriate discount on the purchase price. However, if the customer does not notify his choice of claim in time, he has claims from defects in the goods (work) as in the case of a non-material breach of contract. (§436 para. 2 and 3

Commercial Code)

p.      The customer's right to claim defects in the goods cannot be asserted in court proceedings if the customer fails to report the defects in the goods to the trader without undue delay after:

and.             the customer discovered the defect, 

ii.            the customer, having exercised professional care, should have discovered the defects during the inspection, which he is obliged to carry out pursuant to letter c. of this article of the GTC, or 

iii.          the defects could have been discovered later when professional care was exercised, but no later than 2 years from the time of delivery of the goods, or from the arrival of the goods (work) at the destination specified in the contract. For defects covered by the quality guarantee, the warranty period applies instead of this period.

The effects according to the above point of this article of the GTC will be taken into account only if the trader objects in court proceedings that the customer did not fulfill his obligation to notify defects in the goods in a timely manner (Section 428 of the Commercial Code).

 

11 Responsibility for quality – warranty

and.        The merchant assumes a quality guarantee only if he issues a special written statement to the customer, by which he assumes a quality guarantee.  

b.       By guaranteeing the quality of the goods, the trader undertakes that the delivered goods will be suitable for use for the agreed, otherwise usual purpose for a certain period of time or that they will retain the agreed, otherwise usual properties.

c.        The condition for recognizing the obligation under the quality guarantee is that it is exercised within the warranty period. In the event of providing a quality guarantee, the trader is obliged to issue the customer with a duly completed and confirmed warranty certificate at the time of sale, which specifies the conditions and scope of the guarantee.

d.        The trader's liability for defects covered by the quality guarantee does not arise if these defects were caused after the risk of damage to the goods passed by external events and were not caused by the trader or the persons with whom the trader fulfilled his obligation. The trader is not liable under the quality guarantee for defects in goods that were, in particular:

and.           damaged mechanically or otherwise, if the damage was not caused by the trader or the persons with whose help the supplier fulfilled his obligation,

ii.          used for a purpose other than that for which the goods were intended,

iii.        incorrectly stored or used contrary to the merchant's guidelines, or contrary to the usual method of use, 

iv.        exposed to the influence of natural forces or elements, or by force majeure.

e.        The merchant is not responsible for normal wear and tear of the goods and any defects resulting from it.

 

12 Reservation of ownership

and.        The customer and the merchant have agreed on the reservation of ownership rights pursuant to the provisions of Section 601 of the Civil Code for the customer - consumer, and for the customer - legal entity pursuant to the provisions of Section 443 of the Commercial Code. Ownership of the goods sold shall pass to the customer only upon full payment of the entire purchase price. 

b.       If the customer fails to pay the price or part of it within the due date, the trader is entitled to request the customer to return the delivered goods. The customer is obliged to return the delivered goods to the trader within the period specified in the trader's notice at his own risk and expense. In the event of failure to comply with this obligation, the trader is entitled to request the customer to pay a contractual penalty of up to 20% of the price and the customer unreservedly agrees that the trader will collect the goods at the location where they are located and for this purpose authorizes the trader and persons authorized by him to enter the customer's premises. 

 

13 Risk of damage to goods

and. The risk of damage to the goods passes to the customer at the time:

and.             when he takes over the goods from the trader or

ii.            when the trader hands over the goods to the first carrier or

iii.          when he fails to take over the goods from the trader on time, at the time when the trader allows him to handle the goods, and the customer breaches the contract by not taking over the goods.

 

14 Privacy and trade secrets

and.      In connection with the legislation in the field of personal data protection - Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") and the implementation of measures to ensure compliance of EKODREN sro with the GDPR as well as with related relevant legal regulations governing the protection of personal data (e.g. Act No. 18/2018 Coll. on the protection of personal data and on the amendment and supplementation of certain acts, as amended, regulations of the Office for Personal Data Protection of the Slovak Republic), the general information obligation regarding the protection of personal data, which we specify in the specific consent of the data subject to the processing of personal data as well as in other paragraphs of these GTC and in the Complaints Procedure, as well as in the Principles of Personal Data Processing ( https://www.ekodren.sk/zasady-spracovania-osobnych-udajov ).

b.     If the customer is a natural person, by sending the order, they confirm that they are over 18 years of age . 

c.      If the ordering party is a natural person, by sending the order, the data subject confirms a serious and freely given, specific, informed and unambiguous expression of will in the form of a declaration or a clear affirmative action by which the data subject expresses consent to the processing of their personal data.

d.      Identification data of the controller and the responsible person: The controller of personal data is the company EKODREN sro, Company ID: 56295898, with its registered office at Nová 15, 902 03 Pezinok, registered in the Commercial Register of the Municipal Court Bratislava III, section Sro, entry number: 178877/B, which processes personal data under the conditions set out below. The customer can contact EKODREN sro at:  e-mail address info@ekodren.sk , telephone number 033/640 1515.

e.      Rights of the data subject : 

-        The data subject has the right to file a petition for initiation of proceedings with the Personal Data Protection Office of the Slovak Republic if he or she believes that his or her rights provided for by the GDPR or relevant legal regulations are directly affected.

-        The data subject has the right to (i) request access to personal data, (ii) to rectify personal data, (iii) to erase personal data, (iv) to restrict the processing of personal data, (v) the right to data portability, (vi) the right to object to the processing of personal data and (vii) the right to automated individual decision-making, including profiling (Sections 21 to 28 of Act No. 18/2018 Coll. on the Protection of Personal Data and on amending and supplementing certain acts, as amended). The data subject can exercise these rights by contacting EKODREN sro:

and.             in writing by sending a letter to the address of the company's registered office stating the name and surname of the responsible person under the company name,

ii.            electronically by sending an email to the above email address or

iii.          by phone at the above number.

Relevant legislation.

The relevant legal regulation is, in particular, the GDPR Regulation, the applicable Personal Data Protection Act as amended, and other applicable generally binding legal regulations.

The operator of the online market www.ekodren.sk undertakes that the data provided will be used exclusively for the purpose of concluding and fulfilling the contract based on the GTC specified by the merchant. The processed data will not be published, made available, or provided to a third party.

 

15 Delivery

and.      The parties undertake to deliver documents relating to obligations between the contracting parties preferably in person or by registered mail. By mail, the sender delivers documents to the other contracting party at the address of the permanent residence, registered office/place of business of the addressee, or at the address that was notified to the sender in writing as a correspondence address. If it is not possible to deliver the document to this address, the shipment is considered delivered on the day the shipment was returned by post, regardless of the reason for the inability to deliver the shipment (addressee unknown, not staying at the place of registered office/place of residence, refused to accept, not accepted within the collection period, etc.). The above establishes the fiction of delivery. 

b.     If these GTC stipulate that delivery is possible by other means than by post, the contracting parties are entitled to deliver documents relating to their obligations by e-mail. Documents delivered by e-mail do not need to be supplemented by sending the original document by post or in person if the addressee confirms receipt of the document by e-mail, or by an unambiguous statement by the addressee that he or she has the document sent in this way.

 

16 Final provision

and.      These GTC apply to the regulation of relations between the contracting parties when concluding individual transactions, unless different conditions have been agreed between the contracting parties. 

b.     Legal relationships not expressly regulated by these GTC or a separate agreement concluded between the contracting parties, in which the consumer acts as one of the contracting parties, are governed primarily by the provisions of Act No. 40/1964 Coll. of the Civil Code, as amended, Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, and Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes, as amended.

c.      Legal relationships not expressly regulated by these GTC or by a special agreement concluded between the contracting parties – legal entities, are governed primarily by the provisions of Act No. 513/1991 Coll.

the Commercial Code, as amended, 

d.      The customer undertakes that the goods purchased from the merchant will be sold only to Slovak entities and only on the territory of the Slovak Republic, in the event of resale. 

e.      When these GTC refer to an agreement, this refers exclusively to an agreement in written form.

f.       The trader is entitled to unilaterally change the GTC and the price of the goods or work. The change to the GTC must be notified to the customer by e-mail or by publishing it on the trader's online marketplace. The trader cannot increase the price of the goods or work during the period in which he is bound by this price according to the provisions of these GTC (during the maturity date of the invoice or advance invoice based on the customer's order). The trader may reduce the price of the goods or work at any time. The change to the GTC or price is deemed to be notified on the date of delivery of the electronic notification to the customer.

Mr.      If the customer does not agree with the change in the GTC or the price of the goods or work, he has the right to withdraw from the contract by delivering a written notice of withdrawal from the contract within 1 month from the date of notification of the change in the GTC or price, but no later than the moment of taking over the delivered goods or performed work. The legal effects of withdrawal from the contract shall occur on the date of delivery of the written notice of withdrawal from the contract to the trader.

h.     These GTC enter into force and effect on 01.01.2025.