- General provisions
These business and complaint conditions govern the rights and obligations of the parties arising from the purchase contract concluded between the seller, which is Puojd, s.r.o., with a place of business Šancová 64, Bratislava 81105, ID: 47533471, VAT ID: 2023939390, VAT ID: SK2023939390 and the buyer , whose the subject is the purchase and sale of goods on the website www.puojd.sk as the seller’s electronic store.
Contact details of the seller: email: [email protected] Mobile: +421944324844
Mgr. art. Michaela Bednárová: Bank connection: Slovenská sporiteľňa, as IBAN: SK21 0900 0000 0050 5092 8723
1.1. These commercial and complaint terms and conditions in the version valid on the day of the conclusion of the purchase contract are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written sales contract in which they agree on terms deviating from these terms and conditions of sales and complaints, the provisions of the sales contract will take precedence over these terms and conditions of sales and complaints. The conditions agreed in this way must not conflict with other legal regulations (shortening the deadline for returning goods, warranty period, etc.)
1.2. For the purposes of these commercial and complaint terms and conditions, a supplementary contract is understood as a contract based on which the buyer acquires goods or is provided with a service related to the subject of the purchase contract, if the goods are delivered or the service is provided by the seller or a third party based on their agreement.
1.3. The displayed purchase price for goods on any e-commerce website operated by the seller also includes value added tax in the amount determined by the applicable legislation of the Slovak Republic and does not include the price for transporting goods or other optional services. All promotions are valid while stocks last or until the end of time, if they are limited in time and unless otherwise stated for a specific product. If the seller provides more discounts or benefits on the selected products, these cannot be combined (unless stated otherwise) and it is up to the buyer to choose which discount or benefit to choose when ordering.
1.4. The seller reserves the right to adjust the price of the goods listed on any e-commerce website operated by the seller on the www.puojd.sk domain at any time. The change in the price of the goods does not apply to purchase contracts concluded before the price change, regardless of the fact that the goods have not yet been delivered.
1.5. In the event that the seller does not comply with his obligations set out in the applicable legislation of the Slovak Republic or the European Communities or in these terms and conditions, the buyer can exercise his right against the seller through the relevant court.
- Method of concluding a purchase contract
2.1. The buyer sends the proposal for the conclusion of the purchase contract to the seller in the form of a completed and sent form on the seller’s website, with which he sent the proposal for the conclusion of the purchase contract, the subject of which is the transfer of the ownership right to the goods marked by the buyer for the purchase price and under the conditions specified in this order ( hereinafter referred to as the “order”).
2.2. The seller will then send information to the buyer’s e-mail address about whether the buyer’s order has been accepted (hereinafter referred to as “order confirmation”). The order confirmation contains information on the name and specification of the goods, the sale of which is the subject of the purchase contract, further information on the price of the goods and/or other services, information on the expected delivery time of the goods, the name and information on the place where the goods are to be delivered and information on the possible the price, conditions, method and date of transportation of the goods to the agreed place of delivery of the goods for the buyer, information about the seller (business name, registered office, ID number, registration number in the commercial register, etc.), possibly other necessary information. In the event that the buyer does not receive an email confirming the order within 24 hours, it is recommended to check whether he has entered the correct email contact and, if so, to inform him about the order by sending an email to the address: [email protected]
2.3. The purchase contract is concluded by delivery of the order confirmation in electronic or written form to the buyer.
2.4. Before sending the order, the seller informed the buyer in a clear, unequivocal, comprehensible and unmistakable way about pre-contractual information regarding claims, payment, business, transport and other conditions by:
a) informed about the main characteristics of the goods or the nature of the service to the extent appropriate to the used means of communication and the goods or service on the relevant catalog page of the seller’s e-commerce,
b) informed about the seller’s business name and registered office on the relevant subpage of the seller’s e-commerce and in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller’s electronic store,
c) informed about the seller’s telephone number and other data that are important for the buyer’s contact with the seller, especially his e-mail address, on the relevant subpage of the seller’s e-commerce and in Art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller’s electronic store,
d) the address of the seller, where the buyer can make a claim for goods or services, file a complaint or other initiative, was informed in art. 1 of these business and complaint conditions, which are located on the relevant subpage of the seller’s electronic store,
e) on the total price of the goods or services, including value added tax and all other taxes, or if, due to the nature of the goods or services, the price cannot be reasonably determined in advance, the way in which it is calculated, as well as the costs of transport, delivery, postage and other costs and fees, or, if these costs and fees cannot be determined in advance, the fact that the buyer will be obliged to pay them is informed on the relevant catalog page of the seller’s electronic store,
f) the terms of payment, terms of delivery, the period by which the seller undertakes to deliver the goods or provide the service, information on the procedures for applying and processing claims, complaints and suggestions of the buyer in the relevant articles of these terms and conditions of business and complaints, which are located at the relevant subpage of the seller’s e-commerce,
g) information about the buyer’s right to withdraw from the purchase contract, the conditions, time limit and procedure for exercising the right to withdraw from the contract was reported in Art. 12 of these business and complaint conditions, which are located on the relevant subpage of the seller’s electronic store,
h) on the provision of the form for withdrawal from the purchase contract, informed in art. 12 and in the annex to these business and complaint conditions, which are located on the relevant subpage of the seller’s electronic store; at the same time, the seller provided the form for withdrawing from the purchase contract in the annex to these terms and conditions of business and complaints, which are located on the relevant subpage of the seller’s e-commerce,
i) on the information that if the buyer withdraws from the purchase contract, he will bear the costs associated with returning the goods to the seller according to § 10 par. 3 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller’s premises and on the amendment and supplementation of certain laws (hereinafter referred to as the “Consumer Protection in Distance Selling Act”), and if he withdraws from the purchase contract, as well as the costs of returning the goods, which due to their nature cannot be returned via post, informed in art. 12 of these business and complaint conditions, which are located on the relevant subpage of the seller’s electronic store,
j) on the buyer’s obligation to pay the seller the price for the actually provided performance according to § 10 par. 5 of the Act on Consumer Protection in Distance Selling, if the buyer withdraws from the service contract after giving the seller express consent according to § 4 par. 6 of the Act on Consumer Protection in Distance Selling informed in Art. 12 of these business and complaint conditions, which are located on the relevant subpage of the seller’s electronic store,
k) about the circumstances under which the buyer loses the right to withdraw from the contract informed in art. 12 of these business and complaint conditions, which are located on the relevant subpage of the seller’s electronic store,
l) on instruction on the responsibility of the seller for defects in goods or services according to sec. § 622 and 623 of the Civil Code informed in Art. 9 of these business and complaint conditions, which are located on the relevant subpage of the seller’s electronic store,
m) on the existence and details of the guarantee provided by the manufacturer or the seller according to stricter principles than established by section § 502 of the Civil Code, if the manufacturer or seller provides it, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of goods or provision of services, if such assistance is provided, informed on the relevant catalog page of the seller’s e-commerce and Art. 9 of these business and complaint conditions, which are located on the relevant subpage of the seller’s electronic store,
n) about the buyer’s obligation to pay an advance or provide other financial security at the seller’s request and about the conditions that apply to its provision, if the purchase contract results in such an obligation for the buyer, he informed on the relevant catalog page of the seller’s electronic store and in these terms and conditions of business and complaints, which are located on the relevant subpage of the seller’s electronic store,
o) about the compatibility of electronic content with hardware and software that the seller knows about, or it is reasonable to expect that he knows about them, if appropriate, informed on the relevant catalog page of the seller’s electronic store and in these business and complaint conditions, which are located at the relevant subpage of the seller’s e-commerce,
p) about the actions necessary to conclude a purchase contract, by describing these necessary actions in these business and complaint conditions, which are located on the relevant subpage of the seller’s electronic store,
q) that the purchase contract will be stored in electronic form with the seller and is available to the buyer after the buyer requests it in writing, he informed on the relevant catalog page of the seller’s electronic store and in these business and complaint conditions, which are located on the relevant sub-page the seller’s electronic store,
r) that the language offered for concluding the contract is Slovak, informed on the relevant catalog page of the seller’s e-shop and in these business and complaint conditions, which are located on the relevant sub-page of the seller’s e-shop.
2.5. If the seller has not fulfilled the information obligation regarding the payment of additional fees or other costs according to point 2.4. letter e) these business and complaint conditions or the costs of returning the goods according to point 2.4. letter i) of these business and complaint conditions, the buyer is not obliged to pay these additional costs or fees.
- Rights and obligations of the seller
3.1. The seller is obliged to:
a) based on the confirmed order, deliver the goods to the buyer in the agreed quantity, quality and time and pack them or equip them for transport in a manner necessary for their preservation and protection,
b) ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic,
c) immediately after the conclusion of the purchase contract, but at the latest together with the delivery of the goods, provide the buyer with a confirmation of the conclusion of the purchase contract on a durable medium, for example via email. The confirmation must contain all the information mentioned in point 2.4. including the form for withdrawing from the purchase contract,
d) hand over to the buyer together with the goods in written or electronic form at the latest all the documents necessary for taking over and using the goods and other documents prescribed by the valid legal regulations of the Slovak Republic (instructions in the Slovak language, warranty card, delivery note, tax document).
3.2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
3.3. If, due to sold-out stocks or the unavailability of the goods, the seller is unable to deliver the goods to the buyer within the time period agreed in the purchase contract or determined by these commercial and complaint conditions or for the agreed purchase price, the seller is obliged to offer the buyer a replacement performance or the possibility for the buyer to withdraw from the purchase contract ( cancel the order). The buyer can withdraw from the purchase contract or cancel the order by sending an e-mail. If the buyer has already paid the purchase price or part of it, the seller will return the already paid purchase price or part of it within 14 days from the date of delivery of the e-mail about withdrawal from the purchase contract or cancellation of the order to the buyer on the account designated by him, unless the parties agree otherwise. If the buyer does not accept the alternative payment offered by the seller within a reasonable period of time or withdraw from the purchase contract, the seller is entitled to withdraw from the purchase contract, and if the buyer has already paid the purchase price or part of it, the seller is obliged to return the already paid purchase price or part of it within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.
- Rights and obligations of the buyer
4.1. The buyer was informed by the seller that part of the order is the obligation to pay the price.
4.2. The buyer is obliged to:
a) take over the ordered and delivered goods,
b) pay the seller the agreed purchase price within the agreed due date, including the costs of delivering the goods,
4.3. The buyer has the right to deliver the goods in the quantity, quality, date and place agreed by the contracting parties.
- Delivery and payment terms
5.1. The usual availability of the goods is indicated for each item on the website of the electronic store.
5.2. If the seller and the buyer have not agreed otherwise in the purchase contract, the seller is obliged to deliver the goods to the buyer immediately, no later than 30 days from the date of conclusion of the purchase contract. If the seller has not fulfilled his obligation to deliver the goods within the agreed time period, the buyer shall invite him to deliver the goods within the additional reasonable period provided by him. If the seller does not deliver the goods even within this additional reasonable period, the buyer is entitled to withdraw from the contract.
5.3. The seller is entitled to invite the buyer to take over the goods even before the expiry of the deadline for the delivery of the goods agreed in the purchase contract.
5.4. The color display of the goods on the monitor may not exactly correspond to the real color shades, as the buyer will perceive them in reality. The display of color shades depends, among other things, on the quality of the display monitor, or other used display device.
5.5. The buyer is obliged to take over the goods at the place that is the seller or his representative, authorized to deliver the goods and the buyer agreed in the purchase contract or in another way at the time before the delivery of the goods (hereinafter referred to as the “Place”). The buyer is obliged to take over the goods within the time frame that the seller or his representative is authorized to deliver the goods specified in the purchase contract or in another way in the time before the delivery of the goods (hereinafter referred to as the “Time Frame”). The seller delivers the goods to the specified address entered by the buyer in front of the house/apartment building, as long as access to it is via a paved road and is not restricted by the entry ban for the given type of vehicle.
5.6. In the event that the seller delivers the goods to the buyer at the Place and in the Time frame, the buyer is obliged to take over the goods personally or to ensure that the goods are taken over by a person whom he authorizes in case of his absence to take over the goods and to sign a protocol on payment of the purchase price and delivery and handover of the goods. The third party authorized to take over the goods is obliged to submit a copy of the order confirmation to the seller. The goods are considered delivered and accepted at the moment of delivery of the goods to the buyer. Delivery of the goods to the buyer means the delivery of the goods to the Location, their acceptance by the buyer or a third party authorized by the buyer and the signing of the protocol on payment of the purchase price and delivery and handover of the goods by the buyer or a third party authorized by the buyer.
5.7. If it is necessary to repeat the delivery of the goods due to the absence of the buyer at the Place and in the Time Range, or in the event that the buyer, without prior written withdrawal from the purchase contract, does not take over the goods within 7 days after the futile expiration of the time range, the seller is entitled to claim compensation for the incurred damage in the amount the actual costs of an attempt to unsuccessfully deliver the goods to the Site. In the event that the buyer, without prior written withdrawal from the purchase contract, does not take over the goods within 7 days after the futile expiration of the time period, the seller is also entitled to withdraw from the purchase contract.
5.8. The buyer is entitled to check the shipment, i.e. the goods as well as their packaging, immediately after delivery in the presence of the seller’s representative. In the event of the existence of a defect in the goods and/or in the event that the shipment is not complete (a lower number of goods, or the ordered goods are missing), the seller’s representative is obliged to allow the buyer to make a record of the extent and nature of the defect in the goods, the correctness of which will be confirmed by the seller’s representative. On the basis of the record thus prepared and delivered to the seller, the buyer can subsequently refuse to accept the delivered goods with a defect or confirm the delivery of the goods with a defect, and subsequently in accordance with Art. 9, respectively 10 of these terms and conditions of business and claims, to apply for a claim for product defects with the seller or a designated person. In the event that the buyer refuses to take delivery of the delivered goods with a defect, the seller shall bear all costs incurred for returning the goods to the seller.
5.9. In the event that the seller does not deliver the goods within the agreed period, the buyer is entitled to withdraw from the purchase contract, and the seller is obliged to return to the buyer the already paid part of the purchase price within 14 days from the delivery of the withdrawal from the purchase contract by cashless transfer to the buyer’s bank account specified by the buyer, or in a manner according to the agreement between Buyers and Sellers.
- Purchase price
6.1. The purchase price for the goods agreed in the purchase contract between the seller and the buyer is stated in the current offer, in the order and in the order confirmation (hereinafter referred to as the “purchase price”). If the purchase price specified in the order confirmation is higher than the price for identical goods specified in the e-commerce offer at the time the order is sent to the buyer, the seller will deliver to the buyer an electronic message with information about the offer of a new purchase price in a different amount, which is considered the seller’s proposal to conclude a new of the purchase contract, which the buyer must explicitly confirm by e-mail or in writing in order for the purchase contract to be validly concluded.
6.2. The buyer is obliged to pay the seller the purchase price, including the cost of delivery of the goods, in cash upon personal collection, by payment card through a payment gateway or by cashless transfer to the seller’s account, indicated in the order confirmation or on the seller’s website at the time before taking over the goods.
6.3. In the event that the buyer pays the seller the purchase price with a payment card through a payment gateway or by cashless transfer, the date of payment is considered the day when the entire purchase price was credited to the seller’s account.
6.4. The buyer is obliged to pay the seller the purchase price for the agreed goods within 7 days from the confirmation of the order in the case of payment by card through a payment gateway or by cashless transfer and upon receipt of the goods in the case of payment in cash. If the buyer does not pay the full purchase price within 7 days of the confirmation of the order, the seller is entitled to withdraw from the purchase contract when paying by payment card through the payment gateway or by cashless transfer to the seller’s account.
6.5. In the event that the buyer does not pay the seller the entire purchase price by the time the goods are delivered to the Site, and the contracting parties have not agreed to pay the purchase price for the goods in installments, the seller is entitled to refuse delivery of the goods to the buyer.
- Acquisition of ownership and passing of the risk of damage to the goods
7.1. Upon receipt of the goods at the agreed place, ownership of the goods passes to the buyer. A buyer who does not meet the definition of a consumer specified in section § 2 letter a) Act no. 250/2007 Coll. on consumer protection, as amended (hereinafter referred to as “the Act”), acquires ownership of the goods upon full payment of the entire purchase price for the goods or upon receipt of the goods, whichever occurs later.
7.2. The risk of damage to the goods passes to the buyer at the time when the buyer or a third party authorized by the buyer takes over the goods from the seller or his representative, who is authorized to deliver the goods.
- Special provisions
Clothing and clothing accessories.
8.1 Clothing and clothing accessories are made from copyright materials. The buyer acknowledges that these fabrics require more care in handling and have a certain percentage of shrinkage.
- Complaints procedure for the consumer
(responsibility for defects, warranty, complaints)
9.1. Provisions of Art. 9 of these complaint and business conditions apply only to entities meeting the definition of consumer specified in section § 2 letter a) of the Act. The provisions of Art. 9 of these complaint and business conditions do not expressly apply to entities that do not meet the definition of consumer specified in section § 2 letter a) of the Act.
9.2. If it is a product defect that can be removed, the buyer has the right to have it removed free of charge, in a timely manner and properly. The seller is obliged to remove the defect without undue delay.
9.3. Instead of removing the defect, the buyer can demand the replacement of the goods, or if the defect concerns only a part of the goods, the replacement of the part, if this does not incur disproportionate costs for the seller in view of the price of the goods or the severity of the defect.
9.4. Instead of removing the defect, the seller can always replace the defective goods with perfect ones, if this does not cause serious difficulties for the buyer.
9.5. If it is a defect in the goods that cannot be removed and which prevents the goods from being properly used as a defect-free item, the buyer has the right to exchange the goods or withdraw from the purchase contract. The same rights belong to the buyer if the defects can be removed, but if the buyer cannot properly use the goods due to the reappearance of the defect after repair or due to a larger number of defects.
9.6. If there are other irreparable defects, the buyer has the right to a reasonable discount on the price of the goods.
9.7. The seller informed the buyer about his rights, which follow from paragraph § 622 of the Civil Code (points 9.2. to 9.4. of these commercial and complaint terms and conditions) and the rights that arise from section §623 of the Civil Code (points 9.5 to 9.6 of these terms and conditions of business and complaints) by placing these terms and conditions of business and complaints on the relevant subpage of the seller’s electronic store and the buyer had the opportunity to read them before sending the order.
9.8. The seller is responsible for defects in the goods in accordance with the applicable regulations of the Slovak Republic, and the buyer is obliged to submit a claim without undue delay to the seller or to a designated person. In the event of a defect in the goods, the buyer may not continue to use the goods until the defect is removed. Information on designated persons and service points for warranty and post-warranty service is provided in the warranty certificate or provided by the seller to the buyer upon request by phone or e-mail.
9.9. The handling of complaints is subject to the valid complaint procedure of the seller, i.e. Art. 9 of these business and complaint conditions. The buyer was properly familiarized with the complaint procedure and informed about the conditions and method of complaining about the goods, including information on where the complaint can be made, and about the performance of warranty repairs in accordance with section § 18 par. 1 of Act no. 250/2007 Z . from. on consumer protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as the “Law”) at the time before the conclusion of the purchase contract by placing these terms and conditions on the relevant subpage of the seller’s electronic store and the buyer had the opportunity to read them before sending the order.
9.10. The complaint procedure applies to goods purchased by the buyer from the seller in the form of an electronic store on the seller’s electronic store website.
9.11. During the warranty period, the buyer has the right to claim responsibility from the seller for defects in the goods purchased from the seller, for which the manufacturer, supplier or seller is responsible.
9.12. If the goods show defects, the buyer has the right to file a claim at the seller’s establishment in accordance with section § 18 par. 2 of the Act by delivering the goods to the seller’s establishment and delivering to the seller an expression of the buyer’s will to exercise his right according to points 9.2. until 9.6. these business and complaint terms and conditions (hereinafter referred to as the “Complaint Application Notice”), e.g. in the form of a completed form for filing a complaint, which is located on the relevant subpage of the seller’s electronic store (“Notice of filing a complaint” form). The seller recommends insuring the goods when sending them for a claim. The seller does not accept cash on delivery shipments. The buyer is obliged to truthfully state all the required information in the Notice of Application of Complaint, in particular to indicate precisely the type and extent of the defect in the goods; the buyer will also indicate which of his rights arising from paragraph § 622 and 633 of the Civil Code applies. The buyer has the right to file a complaint with a person authorized by the manufacturer of the goods to carry out warranty repairs (hereinafter referred to as the “designated person”). The list of designated persons is given in the warranty letter or the seller will send it to the buyer at his request.
9.13. The complaint procedure regarding the goods that can be delivered to the seller begins on the day when all the following conditions are fulfilled cumulatively:
a) delivery of the Notice of claim to the seller,
b) delivery of the claimed goods from the buyer to the seller or designated person,
c) delivery of other related documentation to the claimed goods to the seller, if these data are necessary for the proper processing of the claim.
9.14. If the subject of the complaint is goods that cannot objectively be delivered to the seller or that are firmly embedded, the buyer is, in addition to fulfilling the conditions according to points 9.13. letter a) to c) of these complaint and business terms and conditions is obliged to provide all necessary cooperation for the inspection of the claimed goods by the seller or a third party designated by the seller. Complaint proceedings regarding goods that cannot objectively be delivered to the seller or that are firmly embedded begin on the day when the goods were inspected according to the first sentence. However, if the seller or a third party designated by him, despite the necessary cooperation provided by the buyer, does not ensure that the inspection is carried out within a reasonable period of time, but no later than within 10 days from the delivery of the Notice of Claim to the Seller, the claim procedure begins on the day of delivery of the Notice of Claim to the Seller.
9.15. The seller or a designated person will issue a confirmation of the application of the goods complaint to the buyer in a suitable form chosen by the seller, e.g. in the form of e-mail or in writing, in which he is obliged to accurately indicate the claimed defects of the goods and once again instructs the consumer about his rights arising from point 9.2. until 9.4. these commercial and complaint terms and conditions (section § 622 of the Civil Code) and the rights arising from point 9.5. until 9.6. these business and complaint conditions (art. § 623 of the Civil Code). If the claim is made via means of remote communication, the seller is obliged to deliver the confirmation of the claim to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with a document on the completion of the claim; confirmation of the application of the claim does not need to be delivered if the buyer has the opportunity to demonstrate the application of the claim in another way.
9.16. The buyer is entitled to decide which of his rights in accordance with section § 622 and para. § 623 of the Civil Code is applied and at the same time he is obliged to immediately deliver information about his decision to the seller. On the basis of the buyer’s decision, which of its rights in accordance with section § 622 and para. § 623 of the Civil Code is applied by the seller or a designated person obliged to determine the method of handling the complaint according to section § 2 letter m) of the Act immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required no later than 30 days from the date of the start of the complaint procedure. After determining the method of handling the complaint, the seller or the designated person will handle the complaint immediately, in justified cases the complaint can also be handled later. However, the processing of the claim must not take longer than 30 days from the date of application of the claim. After the expiry of the deadline for processing the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods.
9.17. If the buyer made a complaint about the goods within the first 12 months from the conclusion of the purchase contract, the seller can handle the complaint by rejecting it only on the basis of an expert opinion or an opinion issued by an authorized, notified or accredited person or the opinion of a designated person (hereinafter referred to as “expert assessment of the goods”). Regardless of the result of the expert assessment, the seller cannot require the buyer to pay the costs of the expert assessment of the goods or other costs related to the expert assessment of the goods.
9.18. If the buyer made a complaint about the product after 12 months from the conclusion of the purchase contract and the seller rejected it, the person who handled the complaint is obliged to indicate in the complaint handling document to whom the buyer can send the goods for expert assessment. If the buyer sends the goods to a designated person for expert assessment, the costs of the expert assessment of the goods, as well as all other related costs, are borne by the seller, regardless of the result of the expert assessment. If the buyer proves the seller’s responsibility for the claimed defect in the goods through a professional assessment, he can apply the claim again; the warranty period does not expire during the expert assessment of the goods. The seller is obliged to reimburse the buyer within 14 days from the date of the renewed claim all costs incurred for the expert assessment of the goods, as well as all related costs incurred purposefully. A renewed claim cannot be rejected.
9.19. The warranty does not apply to defects of which the buyer was informed by the seller at the time of concluding the contract, or of which, taking into account the circumstances under which the purchase contract was concluded, he must have known.
9.20. The seller reserves the right to replace defective goods with other faultless goods with the same or better technical parameters, if this does not cause serious difficulties for the buyer.
9.21. The seller is not responsible for product defects:
a) if the buyer has not exercised his right regarding the seller’s responsibility for the defect of the goods by the end of the warranty period of the goods,
b) if the defect of the goods is mechanical damage to the goods caused by the buyer,
c) if the defect of the goods was caused by the use of the goods in conditions that do not correspond in terms of intensity, humidity, chemical and mechanical effects to the natural environment of the goods,
d) if the defect of the goods was caused by unprofessional handling, service, or neglect of the care of the goods,
e) if the defect of the goods was caused by damage to the goods due to excessive loading, or use contrary to the conditions stated in the documentation or the general principles of the usual use of the goods,
f) if the defect in the goods was caused by damage to the goods by unavoidable and/or unforeseeable events,
g) if the defect of the goods was caused by damage to the goods by accidental destruction and accidental deterioration,
h) if the defect in the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure,
i) if the defect in the goods was caused by an unauthorized person tampering with the goods.
If the shipment is not complete, or if it is an obvious defect that the buyer could have detected by checking the shipment upon delivery of the goods and which he did not notify the seller’s representative without undue delay in accordance with point 5.8. of these complaint and business conditions, later complaints of this type will only be accepted if the buyer proves that the goods already had the claimed defects at the time of their acceptance by the buyer.
9.22. The seller is obliged to handle the complaint and end the complaint procedure in one of the following ways:
a) by handing over repaired goods,
b) by exchanging goods,
c) by returning the purchase price of the goods,
d) by paying a reasonable discount on the price of the goods,
e) by a written invitation to take over the performance determined by the seller,
f) justified rejection of the goods claim.
9.23. The seller is obliged to issue a written document to the buyer about the method of determining the handling of the claim and the handling of the claim no later than 30 days from the day of the claim in person, through a postal or courier or delivery service provider. The seller will inform the buyer about the result of handling the complaint immediately after the end of the complaint procedure by phone or e-mail, and at the same time, together with the goods, or proof of processing of the complaint delivered via e-mail.
9.24. The warranty period is 24 months from the date of delivery of the goods, unless a different warranty period is specified for specific cases.
9.25. The warranty period is extended by the time during which the buyer could not use the goods due to the warranty repair of the goods.
9.26. In case of exchange of goods for a new one, the buyer will receive a document on which information about the exchange of goods will be given, and any other claims are applied on the basis of the purchase contract and this claim document. In the case of exchanging the goods for a new one, the warranty period starts again from the receipt of the new goods, but only for the new goods.
9.27. As far as a removable defect is concerned, the claim will be handled depending on the buyer’s decision according to point 9.16. of these complaint and business conditions in the following way:
a) the seller ensures the removal of the defect, or
b) the seller replaces the defective goods.
9.28. Regarding a defect that can be removed and the buyer does not determine it without delay according to point 9.16. of these complaint and business conditions, how the complaint should be processed, the seller will process the complaint by removing the defect.
9.29. If it is a defect that cannot be removed, or one defect that can be removed multiple times, or a larger number of different removable defects that prevent the goods from being properly used as without defects, the seller, depending on the buyer’s decision according to point 9.16, will . of these complaint and business conditions, a complaint in the following way:
a) by exchanging goods for other functional goods with the same or better technical parameters,
or
b) in the event that the seller is unable to exchange the goods for another, he will handle the claim by returning the purchase price for the goods.
9.30. Complaint handling applies only to defects listed in the Notice of claim and in the confirmation of the claim of the goods according to point 9.15. these complaint and business terms and conditions.
9.31. For the purposes of the complaint, the occurrence of one removable defect more than twice is considered to be a repeatedly removable defect.
9.32. For the purposes of the complaint, the occurrence of more than three different removable defects at the same time is considered a larger number of different removable defects.
9.33. The buyer’s right to claim a defect in the goods is after he has exercised his right and asked the seller to remove the defect in the goods according to point 9.2. of these complaint and business conditions, consumed and regardless of the outcome of the complaint, any re-application of the complaint for the same unique defect (not defects of the same type) will be rejected.
9.34. If the consumer is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights, he has the opportunity to contact the seller with a request for correction. If the seller responds negatively to the request for correction or does not respond to it within 30 days from the date of its sending, the consumer has the right to submit a proposal to start an alternative solution to his dispute according to the provisions of § 12 of Act no. 391/2015 Coll. on alternative resolution of consumer disputes and amendments to some laws. The competent entity for the alternative resolution of consumer disputes with the seller is the Slovak Trade Inspection, Bajkalská 21/A, PO BOX no. 5, 820 07 Bratislava, IČO: IČO: 17331927, http://www.soi.sk , or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http:// www.mhsr.sk ); the consumer has the right to choose which of the listed entities of alternative resolution of consumer disputes to turn to. The consumer can use the online dispute resolution platform, which is available on the website http://ec.europa.eu/consumers/odr/ , to submit a proposal for an alternative resolution of their dispute .
- Complaints procedure for entities that do not meet the definition of consumer specified in section § 2 letter a) of the Act
10.1. The provisions of Art. 10 of these complaint and business terms and conditions apply to entities that do not meet the definition of consumer specified in section § 2 letter a) of the Act.
10.2. Liability for product defects, rights and obligations arising from them are governed by the legal regulations valid in the territory of the Slovak Republic. The seller is responsible for defects in the goods that the goods had at the time the risk of damage to the goods passed to the buyer.
10.3. The seller is not responsible for defects in the goods that occurred after the risk of damage to the goods has passed or as a result of transportation, external interventions and influences (weather effects, natural disasters), interventions by third parties. The seller is not responsible for defects in the goods caused by transport, non-standard, unqualified, faulty or inappropriate storage, use, unprofessional installation or testing of the goods, reasons related to the assembly of the goods with other goods, attempts to modify or repair the goods without the prior written consent of the seller, reasons related to inappropriate handling, transport or storage of goods, excessive use or loading of goods.
10.4. The seller is also not responsible for defects in the goods, which the buyer knew about at the time of concluding the contract or taking over the goods or, taking into account the circumstances under which the contract was concluded, should have known.
10.5. When taking over the goods, the buyer is obliged to inspect the goods and make sure that the number of delivered goods is correct, for packaged goods that the packaging is intact and the overall condition of the delivery of the goods, whether the goods are in accordance with the contract and whether they are free of defects. The buyer is obliged to notify the seller in writing of obvious defects in the goods without undue delay, no later than within 48 hours, after inspecting the goods, which he is obliged to carry out according to the first sentence of this point. Obvious defects of the goods are mainly mechanical damage to the goods, missing documents related to the goods, non-functionality of the goods, non-delivery of the goods in the agreed quantity or with the properties and accessories that were agreed in the contract and all other defects that can be detected during an inspection carried out with professional care in accordance with these complaint and business terms and conditions. The buyer is obliged to immediately notify the seller of hidden defects in writing after discovering them, but no later than within 48 hours of discovering them.
10.6. The buyer is obliged to state in the written notice of defects (hereinafter referred to as “complaint”) to the seller:
– identification data of the buyer,
– goods on which defects occurred, indicating the type, serial number,
– the number of the delivery note or invoice by which the goods were delivered to him,
– the place where the goods are located,
– description of the defect (how it manifests), including detailed photo documentation of the defect,
– telephone contact and responsible person with whom the seller will communicate in order to eliminate defects.
The buyer is obliged to notify the seller of defects in writing, by e-mail to the address [email protected] , by mail or delivered in person to the address of the studio, Račianska 22/A, 83102 Bratislava, Slovakia. The seller is entitled to return the claim to the buyer for completion if any of the agreed data is missing from the claim.
10.7. The buyer’s rights from product defects that:
- a) the buyer did not notify in accordance with these terms and conditions,
- b) which the buyer did not detect, while they were discoverable when exercising professional care, because he did not perform the inspection in accordance with these commercial and complaint conditions or did not perform it with professional care,
- c) which the buyer did not discover later than determined by these commercial and complaint conditions, despite the fact that they were discoverable when using professional care.
10.8. No complaint about the goods entitles the buyer to refuse to make payment according to the contract or to refuse to take over other goods from the seller.
10.9. In the event that the goods are located outside the territory of the Slovak Republic, in order to process the claim, the buyer will arrange for the goods to be transported to the Slovak Republic.
10.10. The buyer is obliged to store all the goods for which he claims against the seller, separately in their original condition. Without the prior written consent of the seller, the buyer is not entitled to use, sell or otherwise alienate the goods. Any such use, sale or alienation will result in the goods being deemed delivered without defects and in accordance with the contract. The buyer is not entitled to make claims for product defects if he does not allow the seller to inspect the goods or if the buyer does not provide the claimed goods for inspection.
10.11. The buyer is entitled to claim responsibility for product defects with the seller only if he has fulfilled all obligations towards the seller resulting from the contract, from these terms and conditions or from any other obligation-legal relationship between the seller and the buyer. In case of outstanding financial obligations on the part of the buyer towards the seller, the seller is not obliged to take action to remove the defect in the goods, while this failure to take action is not considered a breach of the seller’s obligations and the buyer does not have the right to apply any sanctions for failure to remove the claimed defect.
10.12. The buyer will provide full cooperation to the seller so that he can inspect the goods.
10.13. If the complaint is justified, the seller will also determine the deadline and method of removing the defect at the time specified for the decision on the validity of the complaint according to these commercial and complaint conditions. In case of missing documents or accessories, the seller is obliged to deliver them to the buyer at the place of delivery within a reasonable period of time. In the case of other defects, they can be removed either by repair, modification or exchange for new goods, or with a discount from the purchase price, while the choice of method of removing the defect is solely up to the seller.
10.14. When dealing with complaints, the buyer is obliged to provide the seller or persons authorized by him with access to the goods and to provide full cooperation so that the seller can remove defects on the goods.
10.15. In the event of an unauthorized complaint, the seller is entitled to reimbursement of costs incurred in connection with the assessment of the alleged defect in the goods (diagnosis, transport costs, technician’s work, used material).
10.16. The buyer is not entitled to the reimbursement of costs that he has demonstrably incurred due to additional performance by the seller, in particular the right to reimbursement of costs for the transportation of goods, communication, labor costs and material costs, if these costs are increased by the fact that the goods were additionally transported to another place, as was the place of delivery.
10.17. The seller is responsible for damage only if it was caused by a culpable and intentional breach of his obligations.
10.18. The seller’s liability towards the buyer in the case of damages is limited by the amount of the price paid by the buyer to the seller according to the purchase contract.
10.19. In no case shall the seller be liable to the buyer for indirect damages, especially damages related to lost profit or expected profit, losses from expected future sales, damage to reputation or goodwill and other costs (e.g. costs of retransporting products, costs of withdrawing products from circulation). Furthermore, the seller is not responsible for losses from the use of products, fees and costs of legal representation and contractual fines, other sanctions or any claims that the buyer is burdened with by third parties, whether as a result of a breach of contract or for any other reason. The seller is not responsible for damages that could not be foreseen.
- Personal data and their protection
11.1. The contracting parties have agreed that, for the purpose of proper equipment and delivery of the order, if the buyer is a natural person, he is obliged to inform the seller of his name and surname, address of permanent residence including zip code, telephone number and e-mail address in the order.
11.2. The contracting parties have agreed that, for the purpose of proper processing and delivery of the order, if the buyer is a legal entity, he is obliged to notify the seller in the order of his business name, registered office address, including zip code, social security number, VAT number (if assigned), telephone number and email address.
11.3. Following 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, which repeals Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “Regulation” ) as well as 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 Amendments and Supplements to Certain Acts as amended, decrees of the Personal Data Protection Office of the Slovak Republic as amended), general the buyer can find the information obligation regarding the protection of personal data on the seller’s website, i.e. www.puojd.sk .
- Withdrawal from the purchase contract
12.1. The provisions of Art. 12 of these business and complaint conditions expressly apply only to entities meeting the definition of consumer specified in section § 2 letter a) of the Act. Provisions of Art. 12 of these business and complaint conditions expressly do not apply to entities that do not meet the definition of consumer specified in section § 2 letter a) of the Act.
12.2. If the seller cannot fulfill his obligations arising from the purchase contract due to the stock being sold out, the unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract interrupted production or made such serious changes that made it impossible to fulfill the seller’s obligations arising from the purchase contract, or for reasons of force majeure or if, even after exerting all the efforts that can be fairly required of him, he is unable to deliver the goods to the customer within the period determined by these terms and conditions or at the price specified in the order, the seller is obliged to immediately inform the buyer of this fact and at the same time, he is obliged to offer the buyer alternative performance or the possibility for the buyer to withdraw from the purchase contract (cancel the order). In the event that the buyer withdraws from the purchase contract for the reasons stated in this point of these complaints and business conditions, the seller is obliged to return to the buyer the deposit already paid for the goods agreed in the purchase contract within 14 days from the notification of withdrawal from the contract by transfer to the account specified by the buyer .
12.3. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with sec. § 7 et seq. Act No. 102/2014 Coll. on consumer protection in distance selling (hereinafter referred to as the “Act on consumer protection in distance selling”) within 14 days from the receipt of the goods, or from the date of conclusion of the contract for the provision of services or the contract for the provision of electronic content not delivered on a physical medium, if the seller has timely and properly fulfilled the information obligations according to section § 3 of the Act on Consumer Protection in Distance Selling.
12.4. Within this period, the buyer has the right to unpack and test the goods in a similar way as is usual when buying in a classic “brick and mortar” store, to the extent necessary to determine the nature, properties and functionality of the goods.
12.5. The period for withdrawing from the contract begins on the day when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if
a) the goods ordered by the buyer in one order are delivered separately, from the date of receipt of the last delivered goods,
b) delivers goods consisting of several parts or pieces, from the date of acceptance of the last part or last piece.
12.6. The buyer can withdraw from the purchase contract, the subject of which is the purchase of goods, even before the expiry of the withdrawal period.
12.7. The buyer must make the withdrawal from the contract in writing in a way that leaves no doubt that the contract has been withdrawn, or in the form of a record on another durable medium or using the form that forms Annex no. 1 of these business and complaint terms and conditions. The deadline for withdrawal from the contract is considered to have been observed if the notice of withdrawal from the contract was sent to the seller no later than the last day of the deadline according to section § 7 par. 1 of the Act on Consumer Protection in Distance Selling.
12.8. Withdrawal from the purchase contract according to the passing point of these commercial and complaint conditions must contain the information required in the form for withdrawal from the purchase contract, which forms Annex no. 1 of these business and complaint conditions, in particular the identification of the buyer, the number and date of the order, the exact specification of the goods, the way in which the seller should return the payment already received, in particular the account number and/or postal address of the buyer.
12.9. If the buyer withdraws from the purchase contract, any additional contract related to the purchase contract from which the buyer withdrew is also canceled from the beginning. It is not possible to demand any costs or other payments from the buyer in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in section § 9 par. 3, paragraph § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Service Prices, if the subject of the contract is the provision of a service and the service has been fully provided.
12.10. The buyer is obliged to send the goods back to the address of the operator’s seat or hand them over to the seller or a person authorized by the seller to receive the goods without undue delay, but no later than within 14 days from the date of withdrawal from the purchase contract. This does not apply if the seller has suggested that he collects the goods personally or through a person authorized by him. The deadline according to the first sentence of this point of these terms and conditions of trade and complaints is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline.
12.11. The buyer is obliged to deliver the goods to the seller complete, including complete documentation, undamaged, preferably in the original packaging and unused.
12.12. It is recommended to insure the goods. The seller does not accept cash on delivery shipments. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the buyer all payments received from him on the basis of the purchase contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees . The seller is not obliged to return the payments to the buyer according to this point of these business and complaint conditions before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller, only if the seller suggests that he collects the goods personally or through a person authorized by him.
12.13. The buyer bears the costs of returning the goods to the seller or the person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled the obligation according to § 3 par. 1 letter i) of the Act on Consumer Protection in Distance Selling.
12.14. The buyer is only responsible for the reduction in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods. The consumer is not responsible for a decrease in the value of the goods if the seller has not fulfilled the information obligation about the consumer’s right to withdraw from the contract according to § 3 par. 1 letter h) Act on Consumer Protection in Distance Selling.
12.15. The seller is obliged to return the purchase price for the goods to the buyer in the same way that the buyer used for his payment, unless he agrees with the buyer on another method of returning payments without additional fees being charged to the buyer in this regard.
12.16. In the event that the buyer withdraws from the contract and delivers goods to the seller that are used, damaged or incomplete, the buyer undertakes to pay the seller in particular:
a) the value by which the value of the goods was reduced in accordance with sec. § 457 of the Civil Code in the actual amount
b) costs incurred by the seller in connection with repairing the goods and restoring them to their original state.
Pursuant to this clause of the Complaints and Terms and Conditions, the buyer is obliged to pay compensation to the seller at most in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.
12.17. In accordance with sec. § 7 par. 6 of the Act on Consumer Protection in Distance Selling, the buyer cannot withdraw from the contract, the subject of which are:
– the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
– sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
– sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
- Final provisions
13.1. If the purchase contract is concluded in written form, any change to it must be in written form.
13.2. The contracting parties have agreed that communication between them will be carried out in the form of e-mail messages.
13.3. The relevant provisions of the Civil Code, Act, Act No. 22/2004 Coll. on electronic commerce and on the amendment of Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment of certain laws as amended by Act no. 284/2002 Coll., as amended, and Act No. 102/2014 Coll. on consumer protection in distance sales, or of the Commercial Code, if the buyer is an entity that does not meet the definition of a consumer specified in section § 2 letter a) of the Act.
13.4. These business and complaint conditions become effective against the buyer upon conclusion of the purchase contract.
13.5. Before sending the order, the buyer will be asked to check the box to confirm that he has familiarized himself with these terms and conditions, read them, understood their content and agrees with them in their entirety.
Annex no. 1:
Contract withdrawal form
(fill in and send this form only if you wish to withdraw from the contract according to Act No. 102/2014 Coll.)
Puojd, sro, Šancová 64, 81105 Bratislava
ID: 47533471
VAT number: 2023939390
VAT number: SK2023939390
SK21 0900 0000 0050 5092 8723
E-mail: [email protected] , Tel.: +421944324844
I hereby announce/we announce* that I/we are withdrawing* from the purchase contract for these goods/from the contract for the provision of this service*: ………………………………………………………………………… …………………… Date of order/date of receipt*: …………………………………………………………………………………… …… Order/invoice number: …………………………………………………………………………………………………………. Account number: …………………………………………………………………………………………………………………………… ….
Date: …………………………………….. …………………………………………………………………….. Signature of the consumer/ consumers (*)
(only if this form is submitted in paper form)
(*) Cross out if not applicable.
Annex no. 2: Instruction on the application of the buyer’s right to withdraw from the purchase contract for entities meeting the definition of consumer specified in section § 2 letter a) of Act no. 250/2007 Coll. on consumer protection as amended
- The right to withdraw from the purchase contract
You have the right to withdraw from this purchase contract without giving a reason within 14 days. The period for withdrawing from the contract expires 14 days from the day when you or a third party designated by you, with the exception of the carrier, take delivery of the goods. When exercising the right to withdraw from the purchase contract, inform us of your decision to withdraw from this purchase contract by a clear statement, for example by letter sent by post or e-mail. Address for correspondence:
Studio Puojd, Račianska 22/A, 83102 Bratislava
For this purpose, you can use the sample form for withdrawing from the purchase contract, which can be found as attachment no. 1 of the business and complaint conditions. If you are interested, you have the option to fill out and send a sample form for withdrawing from the purchase contract or any other clear declaration of withdrawal from the purchase contract electronically via e-mail.
- Consequences of withdrawal from the contract
In case of withdrawal from the purchase contract, we will return all payments you made in connection with the conclusion of the purchase contract, especially the purchase price, including the costs of delivering the goods to you. This does not apply to additional costs if you have chosen a different type of delivery than the cheapest normal delivery method we offer, nor to costs for additional services if they were the subject of the contract and if they were fully provided. Payments will be returned to you without undue delay and in any case no later than 14 days from the day we receive your notice of withdrawal from this purchase contract. Their payment will be made in the same way that you used for your payment, unless you have expressly agreed to a different payment method, without charging any additional fees.
Payment for the purchased goods will be made to you only after the returned, undamaged and unused goods have been delivered back to our address or upon presentation of a document proving the return of the goods, whichever occurs first. Send the goods back to us or bring them to the address of the company headquarters without undue delay and in any case no later than 14 days from the date of exercising the right to withdraw from the contract. The period is considered to be preserved if you send the goods back before the 14-day period has expired. You bear the direct costs of returning the goods.
Please note that in the event of withdrawal from the purchase contract, you are responsible for any reduction in the value of the goods as a result of handling them between the time of delivery and the moment of their return in a manner other than that necessary to determine the nature, properties and functionality of the goods.