1. Terms and Conditions
Business name: Martin Gašperan- Mountanica
Street and number: Študentská 15
ZIP and City: 960 01 Zvolen
Company ID: 47520396
Entry in the Register: The Trade Register is registered in the Trade Register of the District Office Zvolen, Trade Register Number: 630-14998
Banking: mBank, IBAN SK91 8360 5207 0042 0265 0894
Phone / Mobile: +421 911 619 803
Receiving orders via e-shop: nonstop
Supervisory Authority: Inspectorate of the Slovak Trade Inspection in Banská Bystrica for Banskobystrický kraj
974 01 Banská Bystrica 1
tel .: 048/412 49 69
1.2. The buyer
- 1.2.1. Buyer is any natural or legal person who has entered into a distance contract with the seller via an online store at https://www.mountanica.com (the “Buyer”).
- 1.2.2. Consumer is a purchaser – a natural person who does not act in the course of his business or other business, occupation or occupation (hereinafter referred to as “the consumer”) when he concludes and performs the contract.
- 1.2.3. An entrepreneur is a buyer – a person who is not a consumer. Any person who concludes contracts related to his / her own business, manufacturing or similar activity in the independent exercise of his / her profession or a person who acts in the name or on behalf of the entrepreneur (hereinafter referred to as the “entrepreneur”) is also considered an entrepreneur.
1.3 Terms and Conditions
- 1.3.1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the mutual rights and obligations of the parties arising out of or in connection with a purchase contract concluded between the seller and the buyer through an online shop (the “Purchase Agreement”).
- 1.3.2. Business terms form an integral part of a purchase contract. Unless otherwise expressly stated in the purchase contract or its annexes, or the validity of some of the provisions of these terms and conditions is not excluded or otherwise modified by the purchase contract or other explicit agreement between the operator and the buyer, the following terms and conditions apply to the other for the mutual relations of the parties.
- 1.3.3. The legal relations of the seller with the consumer are not explicitly regulated by the relevant provisions of Act no. 40/1964 Coll. The Civil Code as amended (hereinafter referred to as the “Civil Code”), Act No. 250/2007 Coll. on Consumer Protection and on Amending the Act of the Slovak National Council no. 372/1990 Coll. on Offenses as amended (hereinafter referred to as the “Consumer Protection Act”), Act no. 102/2014 Z. z. on the protection of the consumer in the sale of goods or the provision of services on the basis of a distance contract or contract concluded outside the premises of the seller and amending certain laws (hereinafter the “Consumer Protection Act on the sale of goods under a distance contract”), all in the wording of later legislation.
- 1.3.4. The legal relations of the seller with the entrepreneur are clearly not regulated by the relevant provisions of Act no. 513/1991 Coll. The Commercial Code, as amended.
- 1.3.5. These Terms and Conditions also include the Seller’s Complaints Procedure (“Complaint Rules”) issued in accordance with the relevant provisions of the Consumer Protection Act, the Consumer Protection Act on the Sale of Goods under a Distance Contract, by which the Seller informs consumers of the terms and conditions complaints, complaints and complaints from consumers, including information on where the claim can be claimed and the performance of warranty claims relating to the goods purchased in the internet shop.
- 1.3.6. The Seller, in accordance with the provisions of Section 3 (1) n) of the Consumer Protection Act when selling goods under a distance contract informs the consumer that he has not committed himself to comply with any code of conduct.
2. Closing the purchase contract
2.1. Offer of goods
- The offer of goods means selected goods offered through the catalog on the websites of the internet shop, where the seller notifies the consumer before concluding a purchase contract or prior to sending the order in a clear and understandable way the main characteristics of the goods or the nature of the service as well as other statutory requirements in the extent of the appropriate means of communication used.
- 2.2.1. An order can be made by the buyer using the form on the website of the online store. When creating an order using the form, the buyer selects the goods of interest to choose the quantity requested, the mode of transport (see Article 2.4.1.) And the method of payment (see Article 2.5.1.), With the consumer sending the order to the seller by clicking the button “Order with payment obligation”.
- 2.2.2. By sending an order, the buyer confirms that he has read these terms of business and that he has been informed that part of the order is the obligation to pay the purchase price. Buyer, the entrepreneur also acknowledges that by sending the order in full, he / she agrees to these terms and conditions of the seller.
2.3 Conclusion of the purchase contract
- 2.3.1. The contractual relationship between the seller and the consumer arises from the delivery of the order of the goods with the consumer’s payment obligation to the seller. The seller confirms receipt of the order by the consumer’s e-mail address.
- 2.3.2. The contractual relationship between the operator and the entrepreneur arises from the delivery of the order (acceptance) which the operator sends to the entrepreneur at the e-mail address given to the entrepreneur when creating the order.
- 2.3.3. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (eg, the cost of an Internet connection or the cost of telecommunication) is borne by the buyer himself.
2.4 Type of transport
- 2.4.1. Unless otherwise stated in the sales contract, the delivery method is determined by the seller. If the way of transportation of the ordered goods is agreed on the buyer’s request, the buyer shall bear any additional costs for the selected mode of transport, in case of withdrawal from the contract, within the statutory 14-day period. the consumer bears the difference between the cost of delivery chosen by the consumer and the cost of the cheapest delivery method offered by the seller.
- 2.4.2. Sending ordered goods means sending them to the address indicated by the buyer when creating the order. The Buyer notes that the cost of shipping / shipping the ordered goods may be attributed to the price of the ordered goods, according to the actual pricing of the carrier.
2.5. Payment method
- 2.5.1. Operator offers a choice of these payment methods: credit card via internet, bank transfer upon completion of the order, pay-per-transfer receipt from PayPal.
- 2.5.2. When choosing to pay via an internet payment card, the buyer will be redirected to a third-party payment server after completing the order, completing the required payment information. Once verified, the order will be confirmed and the amount of the purchase price will be deducted from the buyer’s account.
- 2.5.3. When selecting a payment by bank transfer, the buyer pays the price of the order prior to his / her equipment to the operator’s bank account, indicating the variable symbol, which is the order number and which the buyer obtains upon completion of the order and the goods will be sent to the buyer only after the purchase price has been credited to the seller’s account. for goods by bank transfer, the purchase price is deemed to be paid on the day of crediting the relevant amount to the seller’s account.
- 2.5.4. In the case of a cash-on-delivery payment from the carrier, the purchaser acknowledges that the cost of the goods ordered may be attributed to the cost of the pickup, according to the current carrier’s pricelist.
- 2.5.5. When selecting a PayPal payment, the buyer will be redirected to a third party server after completing the order and will be prompted to sign into your PayPal account. Once the validity and sufficient balance on your PayPal account has been verified, the order will be confirmed and the purchase price will be deducted from the buyer’s PayPal account.
- 2.5.6. The prices of the goods and services offered are quoted, including value added tax (“VAT”), unless it is expressly stated that the price is exclusive of VAT.
- 2.5.7. In case the buyer orders more than 4 items in one calendar day (via one or more orders), the purchase price of the goods together with the related costs can be paid exclusively by prepayment. The purchase price of the goods together with the related costs can be paid exclusively by prepayment, even in the case of repeated unwarranted return of the apparently used goods by the buyer and / or in case of repeated unreasonable non-receipt of the ordered goods to the extent permitted by law.
2.6 Rights and obligations resulting from the conclusion of a purchase contract
- 2.6.1. The operator is obliged to deliver the ordered goods to the buyer for the agreed price and the buyer is obliged to take over the goods and the purchase price, including the costs of the selected way of transporting the goods.
- 2.6.2. In the event of a violation of the terms of a purchase contract or business conditions of the buyer, the operator reserves the right to withdraw from the purchase contract unless the law provides otherwise. In such a case, the Buyer is obliged to compensate the operator for any and all damages, in particular to reimburse the operator for all costs associated with his order, in particular the cost of sending the goods unless the buyer takes them.
- 2.6.3. The buyer is required to enter correct and correct data when ordering the goods. The data necessary for the conclusion of the purchase contract by the buyer is considered correct by the seller.
- 2.6.4. All announcements by the seller in any way related to the order, with the purchase contract, can be delivered to the buyer at the email address listed in his user account or indicated by the buyer in the order.
2.7. Gift vouchers and discount codes
- 2.7.1. The buyer may enter the codes contained in purchased gift vouchers and discount codes provided by the operator in accordance with their rules when creating an order.
- 2.7.2. Unless expressly stated otherwise by the operator, gift vouchers or discount codes:
-can not be repeated;
-can not be combined;
-can not be used to purchase additional vouchers
- 2.7.3. In addition, discount codes can not be applied to the goods sold, the goods marked as New of the day ,or the goods in which the price call was applied (the so-called “lowest price call”), unless the operator expressly states otherwise.
- 2.7.4. In the event of a withdrawal from the purchase contract for any reason or any other reasonable return of the goods to the buyer of the seller purchased under a discount code, the buyer is entitled to a refund / payment actually received by the seller under the contract or in connection therewith.
- 2.7.5. If the gift voucher or discount code has a limited validity period, the buyer is entitled to use the gift voucher or discount code only before it expires. The seller does not provide money or any other way of compensating for the unused value of the gift voucher or discount code.
- 2.7.6. Gift voucher or discount code can not be exchanged for money. If the buyer takes goods at a price lower than the value of the gift voucher or discount code, he or she is not entitled to the value of the gift voucher or discount code or to the new gift voucher or discount code for the rest of the original voucher or discount code.
- 2.7.7. In case the gift voucher or discount code is applied in violation of the operator’s rules for using the gift vouchers and discount codes in question, the operator has the right to refuse the gift voucher or discount code so canceled and withdraw from the concluded purchase agreement.
3.Delivery of goods
3.1. Delivery date
- 3.1.1 Subject to the conditions below, the Operator undertakes to send the goods to the Buyer at the earliest possible date, no later than 30 days after the day of conclusion of the contract. In the case of payment by a payment card on the Internet through a payment gateway, bank transfer upon completion of the order and through PayPal, the operator will send the goods only after the payment has been credited to his / her bank account.
- 3.1.2. The operator is not liable for damages caused by the delay of delivery or delivery of the goods due to non-seller’s liability.
3.2 Carriage, delivery and receipt of goods
- 3.2.1. The consumer acquires ownership of the purchased goods by taking over. The entrepreneur acknowledges that the ownership right to the goods is acquired only after the full purchase price for the ordered goods. Upon the moment of taking over the goods, the buyer also runs the risk of damage to the goods.
- 3.2.2. Part of the delivery of the goods is a purchase receipt indicating the date of sale, the product designation (name and quantity of the product), the purchase price (indicating the price of the individual product and the total price paid by the consumer) and the seller’s details (seller’s trade name and address ). The seller will send to the buyer on request a tax document in electronic form.
- 3.2.3. The seller advises the buyer to check that the goods are intact when the goods are taken over from the carrier and, in case of any errors, immediately notify the carrier and inform the seller. In the event of a violation of the package indicating unauthorized entry into the consignment, it is recommended that the buyer not accept the shipment from the carrier and fill in the record of damage to the shipment. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods was intact and undamaged.
- 3.2.4. Complaints of mechanical damage of goods, unresponsive goods, etc., which were not apparent when the goods were taken over by the carrier, are obligatory for the buyer to apply to the seller without undue delay.
- 3.2.5. If the buyer is required to deliver the goods repeatedly or otherwise than in the order, the purchaser is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
- 3.2.6. The operator is entitled to pay the costs associated with the transportation of the goods in the amount of the actual price of the carrier performing the chosen mode of transport of the goods, while the amount of the costs associated with the transport is stated for the means of transport in the seller’s internet shop.
- 3.2.7. Free Shipping: Only customers who order above the minimum value when ordering a home (50 euros) are entitled to free shipping.
4. Withdrawal from the purchase contract
4.1. Withdrawal from the purchase contract to the buyer
- 4.1.1. The right to withdraw from the contract under this Business Terms only has the buyer – the consumer, a natural person who is at the same time a purchaser and does not act in the course of his business or other business activity, occupation or occupation when he concludes and performs the contract.
- 4.1.2. Where the contract of sale is concluded remotely (through the online store) or out of the seller’s premises and, at the same time, if the seller has given the consumer, in a timely and proper manner, information on the right to withdraw from the contract, the conditions, the time limit and the procedure for exercising the right to withdraw from the contract, (in accordance with the provisions of Article 3 (1) (h) of the Consumer Protection Act on the sale of goods under a distance contract), and in accordance with the law required by the law, the consumer has, under the Consumer Protection Act, to sell goods on the basis of of the distance contract, the right to withdraw from the contract of sale within 14 days of the date of taking over the goods (hereinafter referred to as the “statutory withdrawal period”) without giving any reason and without any penalty.
- 4.1.3. If the seller has provided the consumer with the information referred to in the preceding paragraph, but not later than 12 months after the commencement of the withdrawal period, the withdrawal period expires 14 days after the seller has additionally fulfilled the information obligation.
- 4.1.4. If the seller has not provided the consumer with legally required information regarding the possibility and manner of withdrawal from the contract or the additional period under the previous paragraph, the withdrawal period expires after 12 months and 14 days after the date of receipt of the goods.
- 4.1.5. Goods shall be deemed to have been taken over by the consumer at a time when the consumer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods or goods ordered by consumers in one order are delivered separately, at the time of receipt of the goods which have been delivered last; supplies goods consisting of several pieces or pieces, at the moment of taking over the last part or the last piece; the goods are delivered repeatedly during the defined period, at the time of receipt of the first delivered goods.
- 4.1.6. The consumer is entitled to withdraw from the contract, which is the delivery of the goods, even before the commencement of the withdrawal period.
- 4.1.7. An operator shall extend to the consumer the right to withdraw from the distance contract for 30 calendar days from the date of receipt of the goods (hereinafter referred to as “extended / extended withdrawal period”), without giving any reason and without penalty. However, the consumer notes that, within the extended / extended 30 – day withdrawal period after the statutory 14 – day withdrawal period under the previous paragraph, the consumer is entitled to withdraw from the contract only if the consumer conditions:
- the goods are complete, undamaged and, if possible, in undamaged original packaging;
- does not bear any signs of use;
- the goods are provably unused if they are partially or fully protected by copyright or if they are intended for a one-off consumption;
- at the same time no “lowest price bidding” has been applied under Article 2 8 of these Terms and Conditions
- 4.1.8. If the consumer (s) within the statutory withdrawal period of 14 days informs the Operator that he is withdrawing from the contract or (ii) in an extended / extended 30-day period for withdrawal (ie beginning on the 15th day after the date of receipt of the Goods) in accordance with applicable law, and in accordance with these terms and conditions, to withdraw from the contract and, at the same time, the goods shall be returned within 30 days from the date of receipt of the goods, the purchase contract shall be canceled from the beginning. To cancel the contract, the consumer can write to firstname.lastname@example.org, which will give the name and surname of the consumer, the order number, the goods label and the account number for the money back.
- 4.1.9. The consumer has the right within this time limit to unpack and test the goods in the same manner as usual when buying in the classic “stone” batch, to the extent necessary to ascertain the nature, characteristics and functionality of the goods. In the event that the consumer withdraws from the purchase contract within a statutory 14-day period, the consumer is liable for the diminished value of the goods resulting from such treatment of the goods, which is beyond the treatment necessary to ascertain the property and functionality of the goods. In the event that the consumer withdraws from the purchase contract within the extended 30-day period (after the statutory 14-day period has elapsed) and the returned goods are not complete or are demonstrably used or damaged, the operator is entitled to damages to the consumer. in the event of withdrawal in the extended 30-day period after the expiry of the statutory 14-day period) returns the seller to the buyer a negotiated purchase price less the damage / amount corresponding to the reduced value of the returned goods.
- 4.1.10. The Consumer notes that, in accordance with the provisions of Section 7 6 of the Consumer Protection Act on the sale of goods under a distance contract can not withdraw from the contract, the subject of which is:
(a) the provision of a service where the provision of the service has begun with the express consent of the consumer and the consumer has stated that he has been duly instructed to lose the right to withdraw from the contract after full service and full service;
(b) the sale of goods or the provision of services the price of which depends on the movement of prices on the financial market which the seller can not influence and which may occur during the expiry of the withdrawal period;
(c) the sale of goods made to specific consumer requirements, custom-made goods or goods specifically intended for a single consumer;
(d) the sale of goods subject to a rapid reduction in quality or perishability;
(e) the sale of goods contained in a protective packaging which is unsuitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery;
(f) the sale of goods which, by reason of their nature, may, after delivery, be indissociably mixed with other goods;
(g) the sale of alcoholic beverages the price of which was agreed at the time of conclusion of the contract, the delivery of which can be effected at the earliest after 30 days and their price depends on the movement of the market prices which the seller can not influence;
(h) performing urgent repairs or maintenance that the consumer has explicitly requested from the seller; this does not apply to service contracts and contracts for the sale of other goods as spare parts necessary for repairs or maintenance if they were concluded during the seller’s visit to the consumer and the consumer did not order such services or goods in advance;
(i) the sale of phonograms, video recordings, sound recordings, books or computer software marketed in a protective package if the consumer has unpacked the packaging;
(j) the sale of periodicals, with the exception of sales under a subscription agreement, and the sale of books not provided in the packaging;
(k) the provision of accommodation services for other than accommodation purposes, the carriage of goods, the rental of cars, the provision of catering services or the provision of services related to leisure activities and under which the seller undertakes to provide such services at the agreed time or within the agreed time;
(l) the provision of electronic content other than on a physical medium if its provision has been initiated with the express consent of the consumer and the consumer has declared that he has been duly instructed to lose the right to withdraw from the contract by expressing such consent.
4.2 Applying the consumer’s right of withdrawal
- 4.2.1. The consumer may exercise the right to withdraw from the contract in accordance with the preceding paragraphs of these Business Terms and Conditions with the vendor in paper form or in the form of a registration on another durable medium; if the contract was concluded verbally, any unambiguously worded statement by the consumer expressing his willingness to withdraw from the contract (hereafter referred to as the “withdrawal notice”) is sufficient to apply the consumer’s right of withdrawal. The consumer can use the withdrawal form, which he handed to the seller either with the goods or sent by e-mail.
- 4.2.2. The withdrawal period is deemed to be maintained if the notice of withdrawal has been sent to the seller at the latest on the last day of the withdrawal period under 4.1. these business conditions. In the event of withdrawal, the contract shall be terminated from the outset, and any supplementary contract relating to the contract from which the consumer has withdrawn shall also be abolished from the outset.
- 4.2.3. In the event of the use of the right to withdraw from the purchase contract within a statutory time limit of 14 days, the consumer is obliged to send the goods back or send it to the seller or the person authorized by the seller to take over the goods within 14 days of the date of withdrawal. The goods must be sent to the address of the seller, namely Martin Gašperan, Študentská 15, Zvolen, 960 01. This does not apply if the seller suggests that the goods he or she manages personally or through him / her. The time limit referred to in the first sentence shall be deemed to be preserved if the goods were handed over for shipment not later than the last day of the period.
- 4.2.4. In the event that the consumer purchaser withdraws from the purchase contract within a 30-day extended period after the expiration of the statutory 14-day period, the purchaser-consumer is obliged to return the goods not later than the end of the 30th day after the date of receipt of the goods, otherwise the right to repayment of the purchase price is extinguished.
- 4.2.5. If the consumer withdraws from the purchase contract legally, the operator is obliged to repay all money, including the cost of delivering the goods corresponding to the cheapest way of delivering the goods, without undue delay, within 14 days of withdrawal from the purchase contract in the same way he has used the consumer in his payment. The seller returns the consumer the money received in a different way, provided the consumer agrees to it and does not incur any additional costs.
- 4.2.6. The seller is not obliged to pay additional costs to the consumer if the consumer explicitly opts for another delivery method, such as the cheapest normal delivery method offered by the seller. Additional costs are the difference between the delivery costs chosen by the consumer and the cost of the cheapest normal delivery method offered by the seller.
- 4.2.7. The consumer notes that the cost of delivering the goods will be refunded only if the contract is withdrawn in full.
- 4.2.8. If the consumer withdraws from the purchase contract for which the sale of the goods is, the operator is not obliged to return the received funds / payments to the consumer before the consumer has delivered the goods (not delivered) or until the consumer shows that he has sent the goods back to the operator.
- 4.2.9. If the consumer withdraws from the purchase contract legally, the consumer may agree with the seller that he will be returned the cost of delivering the ordered goods in the form of a so- “Return”, i.e., way of reimbursing the costs of returning the goods back to the seller. In case the consumer returns goods from one order in multiple shipments, he is entitled to use one label.
- 4.2.10. The consumer notes that if the consumer withdraws from the contract, he will bear the costs of returning the goods to the seller under § 10 par. 3 of the Act on Consumer Protection in the Sale of Goods under a Long Distance Contract and, if withdrawn from a distance contract, also the cost of returning the goods, which by virtue of its nature can not be returned via mail.
- 4.2.11. The consumer is liable for the diminished value of the goods resulting from the treatment of the goods, which is beyond the treatment necessary to ascertain the characteristics and functionality of the goods.
- 4.2.12. If the consumer withdraws from the purchase contract unjustifiably and / or in violation of applicable law, and nevertheless sends the goods to the operator, the goods will not be accepted or will be stored by the seller in accordance with the relevant provisions of the Civil Code.
- 4.2.13. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a binding condition, and if the buyer withdraws from the purchase contract, the donor’s gift contract is no longer valid and the buyer is obliged to deliver the gift to the seller give back.
- 4.2.14. If the consumer withdraws from the contract, he does not comply with the provisions of § 8 par. (5) of the Consumer Protection Act for the sale of goods at a distance is entitled to a refund of the supplementary service if a supplementary contract is provided for the provision of the service and if the service has been fully provided (in particular, the delivery service).
4.3 Withdrawal from the purchase contract by the operator
- 4.3.1. The operator ensures good orientation in the market of the goods sold, however, it may exceptionally occur when he is unable to deliver the ordered goods under the agreed terms in the purchase contract, respectively. he will not be able to deliver it at all for reasons not on his side. The operator therefore reserves the right in such cases to withdraw from a purchase contract concluded with a buyer who is a natural person or an entrepreneur and the buyer agrees with such an exceptional case.
- 4.3.2. An operator has the right to withdraw from a purchase agreement concluded with a buyer who is also an entrepreneur if the supplier of the ordered goods to the seller has significantly changed the prices if significant changes in the price of the goods have occurred or if the operator finds that the goods were mistakenly offered at the wrong price and the buyer did not accept the relevant change in the purchase contract, increasing the price of the goods or increasing the cost of shipping.
- 4.3.3. The buyer, who notes to the entrepreneur, that the seller is not obligated to buy the buyer who is the entrepreneur to enter into a purchase contract. The Buyer further notes that the seller is entitled to withdraw from a purchase contract concluded with a buyer who is not an entrepreneur who in one of the obligations in relation to obligations with the seller has substantially violated its obligation. The breach of the previous engagement is considered to be substantial for the purpose of withdrawal from the contract for proceedings under Section 345 of the Commercial Code.
- 4.3.4. If the operator withdraws from the purchase contract, it is obliged to inform the buyer immediately of the electronic address stated by the buyer when creating the order. Further, he is obliged to return the full purchase price to the buyer if he has already been paid or reduced in accordance with these terms and conditions and the relevant legislation
5. Warranty Terms
- The warranty conditions for the goods are governed by the Seller’s Sales Rules and the applicable legal regulations.
6.Possibility of alternative dispute resolution
- 6.1. An alternative solution to the dispute is the procedure of an alternative dispute resolution body under the Alternative Dispute Resolution Act (Act No. 391/2015 Coll. On Alternative Dispute Resolution and Amendments to Certain Laws, also referred to as the “Alternative Dispute Resolution” Act). the aim is to achieve a conciliatory resolution of the dispute between the parties to the dispute.
- 6.2 The parties to the dispute are the consumer who has filed for an alternative dispute resolution and the seller against whom the proposal is directed.
- 6.3 The alternative dispute resolution body is an alternative dispute resolution authority and an authorized legal person registered in the list maintained by the Ministry of Economy of the Slovak Republic (http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/ list-entities-alternate-riesenia-consumer-resolution). Alternative Dispute Resolution Bodies are:
a) Network Regulatory Office;
b) the Office for Regulation of Electronic Communications and Postal Services;
c) the Slovak Trade Inspection;
d) Consumer Protection Company (S.O.S.) Poprad;
e) Bank Ombudsman of the Slovak Banking Association;
f) OMBUDSPOT, Consumer Rights Association;
g) Slovak Insurance Association.
- 6.4 The consumer has the right to contact the seller for a remedy if he is not satisfied with the seller’s handling of his claim or if he believes that the seller has breached his rights by e-mail at email@example.com or by mail at: Karadžičova 12, Bratislava-Ružinov 821 08.
- 6.5 The consumer has the right to make a proposal for alternative dispute resolution (hereinafter referred to as “the proposal”) of the ADR entity if the seller has replied to the request under the preceding paragraph or rejected it within 30 days of the date of dispatch, in the manner and under the conditions specified in the Act on Alternative Dispute Resolution.
- 6.6 The Alternative Dispute Settlement Body may reject a proposal to initiate an alternative dispute resolution, inter alia because:
(a) if the consumer submits a proposal after one year from the day
- The seller ‘s response to the seller’ s response at the consumer ‘s request for remedy; or
- the maturity date of the 30-day period from the date when the consumer has sent the seller a request for redress to which the seller has not responded;
(b) the consumer has not proven to resolve the dispute by communicating with the seller before filing the application;
(c) the quantifiable value of the dispute does not exceed EUR 20;
the case covered by the proposal has previously been dealt with and the consumer has been informed of the equipment of his filing, and the proposal does not contain any new facts and an alternative dispute resolution would, in all circumstances, be clearly inoperative;
(d) it is clear from all the circumstances that alternative dispute resolution would only be possible with inadequate efforts.
- 6.7 An ADR entity is required to proceed independently, impartially, with due diligence to resolve the dispute and take into account the protection of the rights and legitimate interests of the parties to the dispute in an alternative dispute resolution. If, after careful consideration of all the facts and arguments of the parties to the dispute, it is clear that the parties to the dispute wish to settle the dispute in a conciliatory way, the ADR entity shall prepare a draft settlement agreement.
- 6.8 If an agreement under the preceding paragraph is not reached between the parties to the dispute and the ADR entity, on the basis of the facts which it finds in the alternative dispute resolution, it reasonably concludes that the seller has breached the consumer’s rights under consumer protection rules, terminates an alternative dispute resolution by issuing a non- reasoned opinion.
- 6.9 An alternative dispute settlement ends on (a) the conclusion of a dispute settlement agreement; (b) issuing a reasoned opinion; (c) postponement of the proposal; (d) death or deportation in the case of a party to the dispute who is a natural person; (e) extinction without a legal successor in the case of a party to the dispute which is a legal person; or (f) clearing a legitimate legal entity from list.
- The processing of personal data by purchasers is subject to legislation on the protection of personal data, including in particular EU Regulation 2016/679. The principles governing the processing of your personal data are contained here: https: //www.mountanica.sk/ochrana-osobnych-udajov.
- 7.1.1. Personal data are data relating to a designated or identifiable natural person, such person being a person who can be identified directly or indirectly, in particular by virtue of a generally identifiable identifier or one or more of the characteristics or characters that make up his physical, physiological, psychological, mental, economic, cultural or social identity.
- 7.1.2. The seller, as an operator who prepares the processing of the personal data of the person concerned before obtaining personal data in accordance with the provisions of § 15 of Act no. 122/2013 Z. z. on the Protection of Personal Data and on Amendments to Certain Acts (the “Personal Data Protection Act”) shall notify the data subject in advance of the required data directly to the wording of the consent of the person concerned.
- 7.1.3. The Seller hereby notifies the Purchaser that, in accordance with Article 10 Article 3 b) of Act no. 122/2013 Z. z. on the Protection of Personal Data and on Amendments to Certain Laws (hereinafter the “Personal Data Protection Act”), the seller as an operator will, in the process of concluding a purchase contract, process the personal data of the purchaser without his consent as the person concerned as the processing of the buyer’s personal data will be performed by the seller pre-contractual relationships with the buyer at the buyer’s request and the processing of the buyer’s personal data is necessary for performance from a purchase contract in which the buyer acts as one of the parties. An operator is registered with the Personal Data Protection Authority.
- 7.1.4. The parties agree that if the consumer is obliged to notify the seller in the order, his / her name and surname, address of permanent residence, including postcode, telephone number and e-mail address. The parties agree that the buyer, if he is an entrepreneur, is obliged to notify the seller in the order of his business name, address of the registered office including postal code, company ID, telephone number and e-mail address.
- 7.1.5. The Buyer may, by ticking the relevant box before submitting the order, grant the seller his / her approval under § 11 par. 1 and nasl. Of the Personal Data Protection Act in order to process and store the personal data of the Seller, and in particular those mentioned above, and / or which are necessary for the seller’s activities to send information about new products, discounts and actions to the goods offered and process them in all of its information systems regarding information about new products, discounts and actions on the goods offered. The Buyer grants the Seller such time-limited approval to fulfill the purpose of processing the buyer’s personal data. After the fulfillment of the purpose of the processing, the seller will immediately secure the liquidation of the buyer’s personal data. The buyer may withdraw consent to the processing of personal data at any time in writing.
- 7.1.6. The Buyer acknowledges that he is obliged to state his / her personal details (when registering, in his user account or in order) in a correct and truthful manner and that he is obliged to inform the seller of his personal data without undue delay.
- 7.1.7. By processing the buyer’s personal data, the seller may assign a third person as a processor. Here are the current information about the personal data processors and they will also be sent to the buyer upon request.
- 7.1.8. Personal data will be processed for the time necessary to achieve the purpose of processing electronically in an automated manner or in a printed form in a non-automated manner.
7.2 Rights of the person concerned
- 7.2.1. The person concerned has the right, upon written request, to require from the operator
(a) confirmation of whether personal data are processed or not;
- b) in a generally understandable form of the information on the processing of personal data in the information system in the scope according to § 15 par. (1) (a) to (e), second to sixth points of the Personal Data Protection Act; when issuing a decision pursuant to § 28 par. 5 of the Personal Data Protection Act, the person concerned is entitled to be familiar with the procedure for the processing and evaluation of operations;
(c) in a generally understandable form, accurate information on the source from which it obtained its personal data for processing;
(d) in a generally understandable form, a list of its personal data which is the subject of processing;
- e) repairing or liquidating any incorrect, incomplete or outdated personal data that is being processed;
(f) the liquidation of its personal data whose purpose of processing has ended; if they are subject to processing, official documents containing personal data, they may request their return;
(g) the liquidation of its personal data which is the subject of processing in the event of a violation of the law;
- h) blocking her personal data for revocation of consent the expiration of its period of validity if the operator processes personal data subject to the consent of the person concerned.
- 7.2.2. The person concerned, upon written request, has the right to object to the operator
(a) the processing of its personal data which it considers to be or will be processed for the purpose of direct marketing without its consent and to request their liquidation;
- b) the use of the personal data referred to in Section 10 Article 3 d) the Personal Data Protection Act for the purposes of direct marketing in postal communications; or
- c) the provision of personal data referred to in Section 10 Article 3 d) the Personal Data Protection Act for direct marketing purposes.
- 7.2.3. The person concerned may, at the written request or personally, if the case does not delay, have the right at any time to object to the processing of personal data in the cases pursuant to Section 10 Article 3 a), e), f) or g) of the Personal Data Protection Act by giving valid reasons or by submitting evidence of unauthorized interference with its rights and protected interests which are or may be damaged in such a case by such processing of personal data; if the legal grounds do not prevent it and it is proved that the objection of the person concerned is legitimate, the operator shall be obliged to block and dispose of the personal data the processing of which the person concerned has complained without undue delay as soon as circumstances allow.
- 7.2.4. The person concerned may, at the written request or personally, if the case does not delay the deferment, have the right to oppose the operator at any time and not to take a decision of the operator which would have legal effects or significant effect on the operator if such a decision is based exclusively on the automated processing operations personal data. The person concerned has the right to require the operator to review the decision issued by a method different from the automated form of processing, the operator being obliged to comply with the request of the person concerned, in such a way that the decision-maker will have a decisive role in reviewing the decision; on the method of review and the outcome of the finding, the operator shall inform the person concerned within 30 days of the date of receipt of the request. The person concerned shall not have this right only if a specific law provides for measures to safeguard the legitimate interests of the person concerned or if, in the context of pre-contractual relationships or during the existence of contractual relationships, the operator has issued a decision to the satisfaction of the person concerned or the operator has taken other appropriate measures under the contract to safeguard the legitimate interests of the person concerned.
- 7.2.5. If the person concerned exercises his right
(a) in writing and from the content of its application that it exercises its right, the request shall be deemed to have been filed under this Act; a request made by electronic mail or fax shall be delivered by the person concerned in writing no later than three days after the date of dispatch;
(b) in person, by oral proceedings, a record of who is entitled to the right to claim, what is claimed and when and who has drawn up the minutes, his signature and the signature of the person concerned; a copy of the minutes shall be handed over by the operator to the person concerned;
(c) in the case of an intermediary referred to in (a) or (b), he shall be obliged to hand over the application or record to the operator without undue delay.
- 7.2.6. When the person concerned suspects that his or her personal data is being unduly processed, the person concerned may file a petition for the opening of a personal data protection action.
- 7.2.7. If the person concerned is not fully entitled to legal action, his / her rights may be exercised by a legal representative. If the person concerned does not live, his or her rights under this Act may be exercised by a close person.
- 8.1. The language of communication between the operator and the buyer and the language of the purchase contract is the Slovak language. Closed purchase contracts are archived by the operator in electronic form and are not accessible to others.
- 8.2 Should any of these terms and conditions be invalid or ineffective for any reason, this shall not invalidate or invalidate other parts of the terms of the contract or purchase contract.
- 8.3. The operator may amend these terms and conditions. The changed business terms and conditions are effective on the day of their publication. The rights and obligations of the operator and the buyer arising before the effective date of the new terms and conditions of business are not affected by the change.
- 8.4. If a relationship based on a contract of sale contains an international (foreign) element, the parties agree that the relationship established by the purchase contract as well as any disputes arising therefrom are governed by the law of the Slovak Republic.
- 8.5. The seller is authorized to sell the goods under a trade license. The trade inspection is provided by the relevant Trade Licensing Office within the scope of its competence. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Supervisory Authority for the protection of the buyer as a consumer is the Inspectorate of the Slovak Trade Inspection for the Bratislavský kraj, Prievozská 32, POBox 5, 820 07 Bratislava, http://www.soi.sk/en/Podavanie-podnetov-staznosti-navrhova-a-ziadosti .soi.
- 8.6. The parties have agreed that the jurisdiction of the courts of the Slovak Republic is to deal with any disputes between the operator and the buyer. Any disputes between the operator and the consumer may also be dealt with by an out-of-court approach. In such a case, the consumer may contact an out-of-court dispute resolution body such as the Slovak Trade Inspection or other competent legal person registered in the List of Alternative Dispute Resolution Bodies maintained by the Ministry of Economy of the Slovak Republic. The consumer can also lodge a complaint through the RSO Alternative Dispute Resolution Platform under Regulation (EU) No … of the European Parliament and of the Council. 524/2013 on consumer online dispute resolution, amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (hereinafter referred to as the “Consumer Dispute Resolution”) available online at: https: / / /webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=SK. The operator recommends that the buyer first use the email address firstname.lastname@example.org to resolve the situation before he or she joins the out-of- court settlement of the dispute.
In Zvolen, at 1.1.2019