I. Article
Fundamental Provisions
1. These General Terms and Conditions (hereinafter “Terms” or “GTC”) have been drafted in accordance with the applicable provisions of Act No. 40/1964 Coll., the Civil Code (hereinafter “Civil Code”), as well as those of Act No. 250/2007 Coll. amending Act No. 372/1990 Coll. on Consumer Protection and Misdemeanours of the Slovak National Council (hereinafter “Consumer Protection Act”), and of Act No. 102/2014 Coll. on Consumer Protection in Distance Contracts and Contracts Concluded Outside the Seller’s Premises (hereinafter “Distance Selling Consumer Protection Act”).
1. The Seller:
Company Name: UMAKOV Kft.
Company Registration Number: 13-09-183110
Tax Number: 14226733-2-13
Registered Office: Kármán Tódor utca 1, Building A, Door 1, 2142 Nagytarcsa, Hungary
This invoice has been issued in accordance with Decree No. 24/95 (XI. 22) PM and Decree No. 34/99 (XII. 26) PM, taking into account §§ 84–87 of the Accounting Act.
E-mail: [info@umakov.hu](mailto:info@umakov.hu)
Telephone: +36 30 644 6653
Website: [www.umakov.hu](http://www.umakov.hu) (hereinafter “Website”)
1. These GTC govern the mutual rights and obligations between the Seller and any natural-person who concludes the sales contract via the web interface accessible at [www.umakov.hu](http://www.umakov.hu) (hereinafter “Buyer”), which interface serves as the Seller’s online store (hereinafter “Webshop”).
2. The provisions of the Terms form an inseparable part of the sales contract. Any provisions of the sales contract that differ shall take precedence over these GTC.
3. These GTC and the sales contract are concluded in the Slovak language.
4. These GTC apply only to natural-person consumers who purchase goods for their own personal use.
5. These GTC do not apply to entrepreneurs who wish to purchase goods for the purpose of resale. Such parties must contact the Seller using the contact details provided above and agree separately on the terms of cooperation.
6. For the purposes of these GTC, “Entrepreneur” means:
• a person registered in the commercial register,
• a person doing business under a trade licence,
• a person doing business under any other permit as required by special regulations,
• a person engaged in agricultural production, registered under special regulations.
“Entrepreneur” also means anyone acting within the scope of their entrepreneurial activity as defined above. If the Buyer indicates their identification number (KSH number) in the order, they acknowledge that the rules set out in any separate GTC for entrepreneurs will apply to them.
For the purposes of these GTC, “Entrepreneur” also means any person acting within the scope of their entrepreneurial activity as defined above. If the Buyer supplies their identification number (KSH number) in the Order, they acknowledge that the special GTC applicable to Entrepreneurs shall apply to them.**
1. The Buyer is a consumer** as defined by Section 52(4) of the Civil Code and by Article 2(a) of the Consumer Protection Act.
2. “Consumer”** means a natural person who, in concluding and performing a consumer contract, does not act within the scope of their business or other entrepreneurial activity. In any legal relationship between Seller and Buyer not expressly governed by these GTC, the provisions of Act No. 40/1964 Coll., the Civil Code, and related regulations shall apply.
3. “Order”** means a completed and submitted electronic order form containing: information about the Buyer (and, if different, the Recipient), the Products ordered from the Webshop catalogue, and their prices.
4. “Product”** or **“Item”** means any item appearing in the Seller’s online product catalogue at [www.umakov.hu](http://www.umakov.hu). An Order may include multiple Products, each in differing quantities.
5. The graphical presentation of Products on the Seller’s Website is for illustration only; in case of doubt, the Buyer may verify the Product’s actual appearance with the Seller.
6. The rights and obligations arising between Seller and Buyer in connection with the purchase, delivery, and any complaints about defects in the Products are governed primarily by these GTC, then by any separate written agreement between Seller and Buyer, and—unless otherwise provided here—by the laws of the Slovak Republic. These GTC regulate the parties’ rights and duties up until the moment the sales contract is concluded.
7. Availability information displayed on the Website is non-binding and for guidance only; the Seller’s obligation to deliver arises only upon confirmation of the Order to the Buyer. Such availability estimates may not always be accurate or complete; after stock is depleted, back-ordering or delivery may not be possible in every case.
8. The Seller may be represented by another person in operating the Webshop and related activities. If the Seller informs the Buyer that a specified person will carry out certain transactions on its behalf, the Buyer undertakes to communicate and transact directly with that authorized person for those transactions.
II. Article
Information on Products and Prices
1. Information on the Products, including the price and main characteristics of each Product, is displayed alongside each Product in the webshop catalog. The displayed price of the Product includes VAT and any fees and costs associated with returning the Product in cases where, by its nature, it cannot be returned by post. Product prices remain valid for as long as they are displayed in the webshop.
2. All presentations of Products in the webshop catalog are for informational purposes only, and the Seller is under no obligation to enter into a sales contract for any given Product.
3. Any discounts on Products cannot be combined, unless the Seller agrees otherwise with the Buyer.
III. Article
The Order and Conclusion of the Sales Contract
1. The proposal to conclude the sales contract is constituted by the placement of the offered Goods by the Seller on the website. The sales contract is concluded by the Buyer (consumer) submitting the Order and the Seller’s acceptance thereof. The Seller shall immediately confirm acceptance of the Order by sending an informational e-mail to the Buyer’s e-mail address provided, but this confirmation e-mail does not affect the moment of conclusion of the sales contract. The informational e-mail shall also contain links to the current text of the Seller’s Terms & Conditions and Complaints Procedure. Any amendment to or termination of the concluded contract (including the agreed price) may only occur by mutual agreement of the Parties or on legal grounds.
2. Any costs incurred by the Buyer in using telecommunications means (internet connection, telephone calls) in connection with concluding the sales contract shall be borne by the Buyer.
3. The Buyer may place an Order for the Goods in one of the following ways:
a. via their customer account, after prior registration in the webshop, or
b. by completing the Order Form without registering.
4. When compiling the Order, the Buyer selects the Goods, the quantity thereof, and the methods of payment and delivery.
5. For the sales contract to be validly concluded under Section III.3.b) of these Terms & Conditions, the Buyer must correctly complete the Order Form on the Seller’s website, including confirmation that the Buyer has read the conditions governing the Seller’s processing of personal data and consent to these Terms & Conditions. The Buyer is obliged to update these data without delay upon any change, as their accuracy affects delivery of the Goods. The Order Form is considered successfully completed only once all fields marked as mandatory have been filled in. The Buyer is responsible for any damage caused by providing incorrect, incomplete, or untruthful data.
6. The sales contract is concluded by delivery to the Buyer of the Seller’s acceptance of the Order or of an amended Order. Confirmation that the Buyer’s Order was successfully sent via the Seller’s website does not constitute acceptance of the Order or conclusion of the sales contract with respect to the Goods specified in the Order.
7. In completing the Order Form, the Buyer must follow the website’s navigational instructions. To ensure correct delivery of the Goods, the Buyer must provide complete, accurate, and truthful data, and must verify the correctness of key information before final submission to the Seller.
8. Any terms proposed by the Buyer in the Order, or in any other document, message, or e-mail, that contradict these Terms & Conditions are expressly excluded.
9. The Buyer’s Order is deemed sent once delivered to the Seller and if it contains all required information—the designation, quantity, and price of the Goods ordered; delivery and billing addresses; and the Buyer’s e-mail and telephone (mobile) contact details. Unless otherwise provided herein, the Seller’s offer to sell the Goods (including the price) is binding from the time the Seller sends confirmation of acceptance of the Order to the Buyer (contract conclusion) until delivery of the Goods to the Buyer.
10. Before sending the Order to the Seller, the Buyer must always confirm that they have read, agree to, and regard these Terms & Conditions as part of their contractual relationship with the Seller. It is impossible to finalize and send the Order without this confirmation. Each Order is assigned a unique identification number, which the Buyer must always state in communications with the Seller and in payment.
11. By agreement of the Parties and in accordance with these Terms & Conditions, the sales contract is deemed concluded when the Seller confirms acceptance of the Buyer’s Order, and the Buyer expresses agreement to the Order in a separate e-mail or message addressed to the Seller in the manner specified herein. The Seller accepts the Buyer’s Order by sending an e-mail or message to the Buyer bearing the title “Acceptance of Order No. \_\_\_.” Upon acceptance of the Order, the Parties have concluded a sales contract. The Seller is obliged to fulfill the accepted Order within the delivery timeframe corresponding to the delivery method chosen for the Goods.
12. The Buyer may withdraw the Order by sending an e-mail to the Seller, provided the withdrawal is received by the Seller before the Seller’s acceptance of the Order in accordance with these Terms & Conditions. If the Buyer fails to receive the Seller’s acceptance within the acceptance deadline, the Order is automatically voided.
13. If the Seller is unable to accept the Buyer’s Order in full (i.e., one or more ordered items are unavailable), or if the Seller proposes a change to the Order or to the delivery terms for any reason, the Seller shall inform the Buyer by e-mail or other appropriate means. The Buyer shall be asked to declare, within 48 hours of notification, whether they agree to the proposed changes. During this period, items available for delivery are reserved for the Buyer. The contractual relationship arises only upon the Buyer’s acceptance of the Seller’s proposed changes. If the Buyer does not accept the proposed changes within the specified timeframe, the Order is cancelled in its entirety, and the Seller’s proposed changes are deemed rejected by the Buyer.
14. The sales contract between the Seller and the Buyer is concluded by the Seller’s acceptance of the Buyer’s Order or by the Buyer’s execution of changes proposed by the Seller. Under the concluded contract, the Seller must deliver the subject matter of sale to the Buyer and fulfill its obligations under these Terms & Conditions. The Buyer is obliged to accept delivery of the subject matter and pay the agreed purchase price, and to fulfill its obligations under the contract and these Terms & Conditions.
15. In individual cases and prior to sending acceptance, the Seller reserves the right to request from the Buyer any further necessary documents or data, and may verify the correctness of the Buyer’s e-mail address or mobile phone number. Depending on the nature of the Order, the Seller may require subsequent confirmation of the Order or of the Buyer’s identity—e.g., in writing, by e-mail, SMS, or telephone. If the Buyer fails to provide such confirmation in the required form and timeframe, the Order (if not yet accepted) or the sales contract (if already accepted) shall be void ab initio upon expiry of that period.
16. If, before or after contract conclusion, the Seller detects a printing, system, human, supplier, or other error concerning the Goods, their price, availability, quantity, or delivery options—e.g., due to stock clearance, unavailability, failure to deliver within the agreed timeframe or price, or force majeure—the Seller shall inform the Buyer thereof. In any such extraordinary situation, prior to contract conclusion, the Buyer may withdraw/cancel the Order, and the Seller may refuse it. If such an extraordinary circumstance arises after contract conclusion but before delivery, the Seller may withdraw from the contract. Upon notification of the extraordinary circumstance, the Buyer may likewise withdraw from the sales contract under these Terms & Conditions and applicable law. If the Buyer has already paid the purchase price, it shall be refunded in accordance with law and these Terms & Conditions. The Seller is entitled to unilaterally withdraw from the contract or refuse to release the Goods if it determines that incorrect, incomplete, or false data was provided by the Buyer or its representative, or if there is risk of damage to the Seller (e.g., fraudulent conduct).
17. If the displayed price of the Goods in the webshop or any manifest technical error occurred during the ordering process, the Seller is under no obligation to sell the Goods to the Buyer at the clearly erroneous price, even if an automatic confirmation of Order receipt was sent to the Buyer. The Seller shall promptly inform the Buyer of the error and send a corrected offer to the Buyer’s e-mail address. The corrected offer shall constitute a new proposal for the sales contract, which shall be concluded only when the Buyer confirms acceptance by e-mail to the Seller’s address.
IV. Article
Quality of the Goods
1. The Seller undertakes to deliver the Goods to Buyers in compliance with:
* the Seller’s specifications or with properties generally characteristic of the type of Goods in question;
* the standards, regulations, and requirements applicable in the territory where the Goods are delivered;
* in the case of certain Goods (e.g., automatic gate drives, etc.), accompanied by operating instructions and warranty certificates.
2. Selection of the appropriate Goods or of the correct version thereof—which may subsequently affect the method of installation or the quotation the Buyer prepares for its own customers—is generally the Buyer’s responsibility. The Buyer does not expect the Seller to anticipate the Buyer’s needs in this regard.
3. The Buyer also acknowledges that, for example, when purchasing glass holders that are not mounted from below, there are two options for securing the glass into the holders:
a) the cheaper mounting method, using holders equipped only with rubber buffers, without drilling the glass;
b) the more expensive mounting method, using holders with rubber buffers followed by installation of safety wedges, which requires drilling the glass.
Option (b) may be more expensive in the final analysis because drilling the glass adds cost; due to the need for the Buyer to purchase safety wedges, option (b) is only partially more expensive than option (a). If the Buyer chooses the cheaper option (a), they acknowledge that during installation or use the glass may shift or become damaged.
4. The Seller is under no obligation to give the Buyer any further warnings beyond those described above. The Buyer acknowledges and agrees that the Seller shall bear no liability for any damage resulting from movement of the glass.
5. The Buyer acknowledges and agrees that the Seller is in no way obligated to:
a) warn the Buyer about different methods of mounting the glass to posts;
b) inspect where and under what conditions the Goods will be installed;
c) verify that the Goods are suitable for the use the Buyer has in mind.
6. The provisions of this Article shall apply accordingly to any similar cases.
V. Article
Customer Account
1. Based on the Buyer’s registration on the Seller’s website, the Buyer may log into their own customer account. The Buyer may place orders through their customer account. The Buyer may also order Goods without registration.
2. When registering the customer account and ordering Goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer must update the data shown in the customer account without delay in the event of any change. The data provided by the Buyer in the customer account and when ordering Goods are treated by the Seller as accurate.
3. Access to the customer account is protected by a username and password. The Buyer is obliged to maintain confidentiality of their login credentials. The Seller bears no responsibility for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use their customer account.
5. The Seller may terminate the customer account, especially if the Buyer has not used it for a prolonged period, or if the Buyer breaches obligations arising from the sales contract or these Terms and Conditions.
6. The Buyer acknowledges that the customer account need not necessarily be available at all times, particularly owing to necessary maintenance of the Seller’s or third parties’ hardware and software systems.
VI. Article
Payment Terms and Delivery of Goods
1. The Buyer may pay the purchase price of the Goods and any costs related to delivery under the sales contract by the following methods:
1. In cash up to EUR 5,000 upon collection of the Goods at the pick-up point;
2. Electronic bank transfer (Tatra banka, Slovenská sporiteľňa, VUB Banka, UniCredit Bank, ČSOB banka, Poštová banka, Sberbank);
3. Via payment terminal with card at the pick-up point;
4. Online via the bank’s internet payment interface (card: Visa, Visa Electron, Maestro, MasterCard), whereby the bank may automatically store the Buyer’s card details for future payments;
5. Cash on delivery upon delivery of the Goods (the courier collects the cash from the Buyer).
1. Together with the purchase price, the Buyer is obliged to pay the agreed packaging and delivery costs. Unless explicitly stated otherwise, “purchase price” includes delivery costs. The delivery fee for each order is determined by the number of items, the chosen delivery method, and the destination. The delivery fee is always itemized separately in the order.
2. The Goods will be released to the Buyer only if the purchase price and delivery fee have been paid. Otherwise, the Seller or courier is entitled to refuse release of the Goods, and the Seller shall not be deemed in delay with delivery. The Buyer must accept the Goods from the courier in accordance with the Seller’s confirmed order. Ownership of the Goods transfers to the Buyer only after full payment of the purchase price and delivery fee and upon physical receipt of the Goods.
3. For bank transfers, the Buyer shall follow the instructions of the electronic payment service provider.
4. For cashless payments, the Buyer’s payment obligation is fulfilled at the moment the amount is credited to the Seller’s bank account.
5. The Seller does not require any advance payment or deposit. Payment of the purchase price prior to dispatch does not constitute an advance.
6. The Goods will be delivered to:
* The address specified by the Buyer in the order; or
* The pick-up point address specified by the Buyer.
1. The Seller provides or arranges the following delivery methods:
1. Personal collection (at the selected pick-up point);
2. Delivery via a freight carrier;
3. Delivery via courier service;
4. Postal delivery to the specified address or direct to a post office.
Delivery options offered depend on current service availability, capacity, and logistics. UMAKOV is not liable for delays due to force majeure or system outages. All available delivery methods, conditions, and prices can be found **HERE**.
1. Delivery costs, depending on dispatch and receipt methods, are shown in the Buyer’s order and in the Seller’s order confirmation. If a special delivery method is agreed at the Buyer’s request, any risk and additional costs arising from that method are borne by the Buyer.
2. If under the sales contract the Seller must deliver the Goods to a location specified by the Buyer in the order, the Buyer is obliged to accept the Goods at delivery. Should the Goods need to be delivered again or by other means due to reasons attributable to the Buyer, the Buyer must reimburse all associated costs.
3. The Seller, freight carrier, or delivery service may notify the Buyer of hand-over by e-mail, SMS, or another suitable means (e.g., phone). The Buyer agrees that the Seller may share the Buyer’s contact details with the carrier/delivery service for this purpose. The Buyer must be available at the specified address at the communicated delivery time.
4. Upon receipt of the Goods, the Buyer must, without request, identify themselves to the courier with valid photo ID (identity card or passport). The ID must unequivocally verify the Buyer’s identity and right to accept the Goods. If a representative collects the Goods on the Buyer’s behalf, the representative must also present a power of attorney. Otherwise, the Seller/courier may refuse hand-over, and the Seller shall not be in delay.
5. If the Buyer unjustifiably refuses to accept the Goods, or repeatedly fails to accept them, the Seller may recover all costs incurred.
6. Upon delivery, the Buyer must inspect the packaging integrity and completeness of the shipment—particularly the number of packages and any visible damage to the Goods. The Buyer must notify the carrier and the Seller of any visible damage without delay, but no later than 12 hours after delivery. The Buyer must record all visible damage to packaging and Goods on the delivery note. If the packaging or contents are damaged, the Buyer must refuse acceptance. By signing the delivery report, the Buyer confirms receipt of the undamaged shipment. If the Buyer fails to object in writing within 12 hours of delivery, proper delivery is presumed.
7. The Buyer shall inform the Seller of any damage by e-mail or other verifiable means. Claims for mechanical damage discovered after acceptance are not recognized.
8. The Seller shall issue a tax document (invoice) to the Buyer. The invoice shall be sent to the Buyer’s e-mail address.
9. Ownership of the Goods transfers to the Buyer only when the full purchase price and delivery costs have been paid and the Goods have been received; the decisive moment is when both conditions are met. Liability for accidental damage, breakage, or loss transfers to the Buyer at the moment of receipt, or at the moment the Buyer was obliged to accept the Goods but did not do so.
VII. Article
Right of Withdrawal
1. A Buyer who is a Consumer, concluding the sales contract outside the scope of their trade or business activity, may withdraw from the sales contract under the following conditions.
2. Where the sales contract was concluded at a distance (via the webshop) or outside the Seller’s premises, and the Seller has properly and timely informed the Buyer of their right of withdrawal, its conditions, the deadline, and the procedure for exercising it—including the withdrawal form in accordance with Section 3(1)(h) of the Distance Selling Consumer Protection Act—and all legally required information has been provided, the Buyer shall have the right to withdraw from the sales contract without giving any reason and without incurring any penalty, in accordance with the Distance Selling Consumer Protection Act.
3. The withdrawal period is 14 days, counted from:
* the day on which the Buyer takes physical possession of the last delivered item, if the contract concerns goods delivered in multiple shipments;
* the day on which the Buyer takes physical possession of the last delivered installment or item, if the contract concerns multiple goods or multiple shipments;
* the day on which the first installment is taken into possession, if the contract concerns goods delivered over a specified period.
1. The Buyer acknowledges that, pursuant to Section 7(6) of the Distance Selling Consumer Protection Act, the right of withdrawal does not apply, inter alia, to contracts for:
* the supply of services, if performance began with the express consent of the Consumer and after the Consumer was informed that by giving consent they would lose their right of withdrawal once performance is complete;
* the sale of goods or services whose price depends on fluctuations in the financial market beyond the Seller’s control, which may occur during the withdrawal period;
* the sale of goods manufactured to the Consumer’s specifications, custom-made, or clearly personalized;
* the sale of goods which are liable to deteriorate rapidly or have a short shelf life;
* the sale of sealed goods which are not suitable for return for health or hygiene reasons and which have been unsealed after delivery;
* the supply of goods which, after delivery, are irrevocably mixed with other items by their nature;
* the sale of alcoholic beverages, the price of which was agreed at the time of contract conclusion but whose delivery can take place only after 30 days and whose actual value depends on market fluctuations beyond the Seller’s control;
* emergency repairs or maintenance explicitly requested by the Consumer, excluding services and contracts for goods other than spare parts necessary for such repair or maintenance, provided that the contract was concluded during a visit by the Seller to the Consumer and the Consumer did not order those services or goods in advance;
* the supply of sealed audio or sealed video recordings, sealed computer software, or sealed publications, where unsealing renders them non-returnable;
* the supply of periodicals, except for subscription contracts for periodicals and the sale of books in unsealed packaging;
* the provision of accommodation other than for residential purposes, transport of goods, car rental, catering, or leisure services to be provided on a specific date or during a specific period;
* the supply of digital content not on a tangible medium, where performance began with the Consumer’s prior consent and acknowledgment of loss of withdrawal right.
1. To meet the withdrawal deadline, the Buyer must send a clear statement expressing their decision to withdraw from the sales contract within the period specified in paragraph 3 above.
2. The Buyer may use the model withdrawal form provided by the Seller, but is not obliged to do so. The Buyer shall send their withdrawal declaration to the Seller’s e-mail or postal address as set out in these Terms and Conditions. The Seller shall acknowledge receipt of the declaration without undue delay.
3. The Buyer who withdraws must return the goods to the Seller within 14 days of withdrawal. Return costs are borne by the Buyer, even if the goods, by nature, cannot be returned by post.
4. If the Buyer withdraws, the Seller shall reimburse all payments received from the Buyer, including delivery costs, without undue delay and no later than 14 days from receipt of the withdrawal, using the same payment method used by the Buyer unless the Buyer expressly agrees otherwise and without incurring additional costs.
5. If the Buyer opted for a delivery method other than the least expensive standard delivery offered, the Seller need only reimburse the cost corresponding to the least expensive standard delivery method.
6. The Seller may withhold reimbursement until receipt of the goods or proof of their return by the Buyer.
7. The Buyer must return goods intact, unused, and clean, and—where possible—in the original packaging. The Seller may offset any compensation for diminished value of the goods against the refund due to the Buyer.
8. The Seller may withdraw from the sales contract if inventory is sold out or the goods become unavailable, or if the manufacturer, distributor, or supplier ceases production or distribution. The Seller shall promptly inform the Buyer by e-mail and refund all sums paid, including delivery costs, within 14 days of notification, by the same means of payment or as otherwise agreed with the Buyer.
VIII. Article
Complaint Procedure
1. If the goods have a defect that can be remedied, the Buyer is entitled to have the defect remedied free of charge, promptly and properly. The Seller is obliged to remedy the defect without undue delay.
2. The Buyer has been informed that the Seller does not, in all cases, inspect the installation of stainless-steel elements (indoors and outdoors). In view of the foregoing, the Seller specifically recommends purchasing goods to the following specifications: AISI 304 for indoor works and AISI 316 for outdoor works.
3. Instead of having the defect remedied, the Buyer may request replacement of the goods, or—if the defect affects only a part of the goods—replacement of that part, provided that doing so does not impose disproportionate costs on the Seller in relation to the price of the goods or the extent of the defect.
4. In lieu of remedying the defect, the Seller may always replace the defective goods with faultless ones, provided this does not impose significant hardship on the Buyer.
5. If the goods have an irremediable defect that prevents normal and proper use, the Buyer is entitled either to replacement of the goods or to withdraw from the contract. The same rights apply if, after a repair, the defect recurs or multiple defects occur, preventing proper use.
6. If there is another irremediable defect, the Buyer is entitled to a proportionate price reduction.
7. The Seller is not liable for any damage to, or displacement of, glass components after installation of the goods.
8. The Seller has informed the Buyer of their rights under Sections 622 and 623 of the Civil Code (as reflected in points 4 and 5 of this Article), by placing these Terms and Conditions on the appropriate subpage of the Seller’s webshop and providing the Buyer an opportunity to read them before submitting the order.
9. Under applicable Slovak law, the Seller is liable for product defects, and the Buyer must submit any complaint to the Seller or to the designated person. Information on service providers and service points for repairs under warranty and beyond is printed on the reverse of the warranty certificate or provided by the Seller by telephone or e-mail upon request.
10. Complaints are handled according to the Seller’s valid complaint procedure, i.e., this Article VIII of the Terms and Conditions. Before concluding the sales contract, the Buyer was duly informed of the complaint procedure and the conditions and methods for lodging a complaint, including where to bring the complaint and where to obtain in-warranty service; this was done by placing these Terms on the webshop and giving the Buyer an opportunity to read them before ordering.
11. The Buyer has the right, during the warranty period, to enforce against the Seller any liability for defects that lie with the manufacturer, supplier, or the Seller.
12. The warranty does not cover mechanical damage caused by the Buyer, use under improper or unsuitable conditions, misuse, or neglect of the goods. The Seller reserves the right to refuse refund or replacement for such goods. The warranty also does not cover defects of which the Buyer was warned by the Seller when concluding the contract or of which the Buyer should have known given the circumstances of the contract’s conclusion.
13. The length of the warranty period is governed by the Civil Code. The warranty period is 24 months and is extended by the time during which the Buyer was unable to use the goods due to warranty repairs.
14. For goods delivered to the Seller, the complaint procedure begins on the day the notice of complaint is delivered to the Seller.
15. The Seller shall issue to the Buyer a confirmation of complaint receipt in a suitable form (e.g., by e-mail or in writing), specifying the defects claimed and again informing the Consumer of their rights. If the complaint is made by telecommunications means, the Seller must send the confirmation immediately; if immediate delivery is not possible, it must be sent without undue delay, but no later than with the document confirming resolution of the complaint. No written confirmation is required if the Buyer has another means of proving complaint submission.
16. The Buyer may choose which rights under Sections 622 and 623 of the Civil Code to exercise and must inform the Seller of this decision without delay. Based on the Buyer’s choice, the Seller or designated person must determine the method of handling the complaint within 3 days of complaint submission, or—if a complex technical evaluation is required—within 30 days. After deciding the method, the Seller or designated person shall immediately proceed to handle the complaint, though in justified cases handling may be postponed. In any event, complaint handling may not exceed 30 days from the complaint submission date. After this period has lapsed without resolution, the Consumer may withdraw from the contract or request replacement of the goods.
17. If the Buyer submits a complaint within the first 12 months after contract conclusion, the Seller may reject it only on the basis of an expert opinion or the opinion of an authorized, notified, or accredited person, or the position of a designated person (“expert evaluation”). Regardless of the outcome, the Seller may not charge the Buyer for costs of the expert evaluation or related expenses.
18. If the Buyer submits a complaint after 12 months and it is rejected, the person handling the complaint must state in the complaint resolution document to whom the Buyer may send the goods for expert evaluation. If the Buyer sends the goods to that person, all costs of the expert evaluation and associated reasonable costs, regardless of the outcome, shall be borne by the Seller. If the expert evaluation confirms the Seller’s liability, the Buyer may re-submit the complaint; the warranty period does not run during the expert evaluation. The Seller shall reimburse the Buyer within 14 days of the re-submitted complaint for all costs of the expert evaluation and related reasonable expenses. The re-submitted complaint may not be rejected.
19. The Seller reserves the right to replace defective goods with other goods of identical or better technical parameters if this does not impose considerable hardship on the Buyer.
20. The Seller is not liable for defects arising:
1. if the Buyer fails to enforce their rights under the warranty by the end of the warranty period;
2. from mechanical damage caused by the Buyer;
3. from use under conditions (e.g., intensity, humidity, chemical or mechanical effects) unsuitable for the goods’ natural environment;
4. from improper use, handling, or neglect;
5. from overload or use contrary to documented or normal usage principles;
6. from damage caused by unavoidable and/or unforeseeable events;
7. from random breakdown or deterioration;
8. from improper intervention, water, fire, static or atmospheric electricity, or other force majeure;
9. from unauthorized interference by a third party.
1. The Seller shall close the complaint procedure by one of the following means:
1. delivery of the repaired goods;
2. replacement of the goods;
3. refund of the purchase price;
4. payment of a price reduction commensurate with the defect;
5. written notice requiring the Buyer to collect the remedy;
6. justified rejection of the complaint.
1. The Seller must issue a written confirmation to the Buyer of the chosen method of handling and the completion of the complaint procedure no later than 30 days after complaint submission, delivered personally, by post, or by courier.
2. If the goods are replaced with a new item, the Buyer receives a document indicating the replacement, and may enforce any further complaints based on the sales contract and that document. In such cases, the warranty period restarts from the date the new goods are taken over, but applies only to the new goods.
3. If the defect is repairable, the complaint is handled, at the Buyer’s choice and under these Terms, by either:
1. remedying the defect, or
2. replacing the defective goods.
* If the defect is repairable, the Seller remedies it.
* If the defect is irreparable, recurs multiple times, or multiple different repairable defects occur that prevent proper use, the Seller handles the complaint either by replacing the goods with identical or technically superior goods, or—if replacement is not possible—by refunding the purchase price.
1. For the purposes of this procedure:
1. a “recurring repairable defect” means the same repairable defect occurring more than twice;
2. “multiple different repairable defects” means more than three different repairable defects occurring concurrently.
3. By accepting these Terms, the Buyer confirms they have acquainted themselves with the maintenance and care instructions for stainless-steel goods, available on the Seller’s website.
IX. Article
Delivery
1. The contracting parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer shall deliver correspondence addressed to the Seller to the e-mail address specified in these Terms and Conditions. The Seller shall deliver correspondence addressed to the Buyer either to the e-mail address provided in the Buyer’s customer account or to the e-mail address specified in the order.
X. Article
Personal Data
1. The contracting parties agree that, in order to properly process and deliver the order, the Buyer is obliged to provide in the order form his or her family name and given name, permanent address (including postal code), telephone number, and e-mail address.
2. The Seller hereby notifies the Buyer that, pursuant to Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, hereinafter “the Regulation”), the Seller, as operator of the information system, will process the Buyer’s personal data without his or her consent during the conclusion of the sales contract, because processing is necessary for the performance of pre-contractual measures and of the contract to which the Buyer is party.
3. Pursuant to Article 6(1)(f) of the Regulation, the Seller may, after delivery of the ordered goods or services, use the Buyer’s personal data for direct marketing purposes, and send e-mails about new products, discounts, and promotions.
4. The Seller undertakes to handle and process the Buyer’s personal data in accordance with applicable Slovak law.
5. The Seller declares that, in accordance with Article 5(1)(a) and (b) of the Regulation, it will collect the Buyer’s personal data solely for the purposes set out in these Terms and Conditions.
6. The Seller declares that any processing of the Buyer’s personal data for purposes other than those listed in these Terms and Conditions will always be based on a separate legal ground, and that such data will not be combined with other personal data collected for different purposes or for performance of the sales contract.
7. Before submitting the order, the Buyer will be asked to confirm by ticking a checkbox that the Seller has provided the following information in a clear, transparent, and understandable manner:
* the Seller’s identification data as shown in the header of these Terms and Conditions;
* the Seller’s (or, where applicable, the Seller’s representative’s) contact details;
* the purpose and legal basis for processing personal data;
* that provision of personal data is necessary for conclusion of the sales contract and proper processing and delivery of the order;
* that, if processing is based on Article 6(1)(f) of the Regulation, the Seller’s legitimate interest is direct marketing;
* the identity of any third parties (such as carriers) with whom personal data may be shared;
* the period for which personal data will be retained, and the criteria for its determination.
1. The Seller declares that it will process personal data in good faith, in compliance with the Regulation and other applicable laws, and will not circumvent their provisions.
2. In accordance with the Regulation, the Seller will inform the Buyer, whose personal data it processes, of the following:
* the Seller’s (or its representative’s) identity and contact details;
* the contact details of any appointed data protection officer;
* the purpose of processing and the legal basis;
* any legitimate interests pursued by the Seller or a third party;
* the categories of recipients to whom personal data may be disclosed;
* where applicable, intention to transfer personal data to a third country or international organization;
* the envisaged retention period for personal data, or the criteria used to determine it;
* the Buyer’s rights of access, rectification, erasure, restriction, data portability, and to lodge a complaint with a supervisory authority;
* whether provision of personal data is a statutory or contractual requirement, and the possible consequences of failure to provide such data;
* the existence of automated decision-making, including profiling.
1. The Buyer has the right to obtain a copy of all personal data processed by the Seller, together with the information listed above. The Seller may charge a reasonable fee to cover administrative costs for additional copies.
2. If the Buyer exercises any of his or her rights under paragraph 10 in writing or electronically, and the request clearly invokes those rights, it shall be deemed a valid request under the Regulation.
3. The Buyer has the right to object to processing of personal data for direct marketing purposes, including profiling; upon receipt of such objection, the Seller will cease processing personal data for direct marketing.
4. If the Buyer suspects wrongful processing of his or her personal data, he or she may lodge a complaint with the Office for Personal Data Protection of the Slovak Republic. If the Buyer lacks full legal capacity, his or her legal representative may exercise these rights.
5. The Seller shall take appropriate measures to provide the information referred to in paragraph 9 in a concise, transparent, intelligible, and easily accessible form, using clear and plain language, and shall make it available electronically or by other means agreed with the Buyer.
6. At the Buyer’s request, the Seller will inform the Buyer without undue delay, and at the latest within one month of receipt of the request, of measures taken in response.
7. The Seller hereby notifies the Buyer that personal data processed for performance of the contract may be made available to and accessed by the carrier selected in accordance with Article VI.8. of these Terms and Conditions.
XI. Article
Information for the Consumer on the Possibility of Referring to an Alternative Dispute Resolution Body
1. Dear Customer, as a consumer you have the right to address us (as the Seller) with a request for redress if you are dissatisfied with the manner in which we handled your complaint or if you believe we have infringed your rights.
2. If we reject your request for redress or fail to respond within 30 days of its submission, you have the right to submit an application to an alternative dispute resolution body to initiate alternative out-of-court settlement of the dispute.
3. Definitions for the purposes of this Article and for the alternative dispute resolution of consumer disputes:
1. “Alternative dispute resolution” means the procedure conducted by an alternative dispute resolution body under Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes, aiming at an amicable settlement between the parties;
2. “Parties to the dispute” are the consumer who has submitted the application for alternative dispute resolution and the Seller against whom the application is directed;
3. The designated alternative dispute resolution authority is the Slovak Trade Inspection (Slovenská obchodná inšpekcia);
4. “Alternative dispute resolution body” means the Slovak Trade Inspection and any authorized legal person entered in the register of alternative dispute resolution bodies maintained by the Ministry of Economy of the Slovak Republic (i.e., a legal person established for consumer protection purposes or a statutory chamber or association). The current list of alternative dispute resolution bodies is available on the Ministry of Economy’s website at [http://www.mhsr.sk/](http://www.mhsr.sk/).
4. The consumer has the right to address the Seller with a request for redress if dissatisfied with the handling of his or her complaint or if the consumer believes the Seller has violated his or her rights.
5. The consumer has the right to submit an application for alternative dispute resolution if the Seller has rejected the request for redress under paragraph 4 or failed to respond within 30 days of its submission.
6. The application is filed by the consumer with the competent alternative dispute resolution body; this does not preclude the consumer’s right to bring the matter before a court.
7. If more than one alternative dispute resolution body is competent, the consumer may choose to submit the application to any one of them. Provisions requiring the consumer to submit the application to a specifically designated dispute resolution body shall not be binding.
8. The application must include:
1. the consumer’s family name, given name, delivery address, e-mail address, and telephone number (if available);
2. the exact name of the Seller;
3. a complete and clear description of the relevant facts;
4. a description of what the consumer wishes to achieve;
5. the date on which the consumer submitted the request for redress to the Seller and confirmation that attempts to resolve the dispute directly with the Seller were unsuccessful;
6. a declaration that no identical application has been submitted to another dispute resolution body, no decision has been made by a court or tribunal, no mediation agreement concluded, and no alternative dispute resolution procedure completed under Section 20(1)(a)-(e) of Act No. 391/2015 Coll.
9. The consumer shall attach to the application any documents that substantiate the facts asserted in the application.
10. The application may be submitted on paper, electronically, or orally for inclusion in minutes. The consumer may use the form template provided in Annex 1 to Act No. 391/2015 Coll., available on the websites of the Ministry of Economy and of all alternative dispute resolution bodies.
11. Detailed information on alternative dispute resolution is set out in Act No. 391/2015 Coll. and is also available at any branch of the Slovak Trade Inspection or from any alternative dispute resolution body listed by the Ministry of Economy.
12. The online platform for submitting an application for alternative dispute resolution is available at:
[https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage](https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage)
13. The Seller is authorized to sell the goods under a business license. Monitoring of business license compliance is carried out by the competent trade licensing office. The Slovak Trade Inspection also oversees, to some extent, compliance with the Consumer Protection Act and the Distance Selling Consumer Protection Act.
XII. Article
Final Provisions
1. All agreements concluded between the Seller and the Buyer shall be governed by the laws of the Slovak Republic. Should the contractual relationship under the Sales Contract contain an international element, the Parties agree that the relationship shall be governed by the law of the Slovak Republic. This shall not affect the consumer’s rights arising from generally binding legal regulations.
2. In the Seller’s dealings with the Buyer, no code of conduct shall bind the Seller pursuant to Section 3(1)(n) of the Distance Selling Consumer Protection Act.
3. All rights to the Seller’s website, in particular copyright to the content, including layout, photographs, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. Copying, modifying, or otherwise using all or any part of the website without the Seller’s consent is prohibited.
4. With respect to the legal relationship governed by these GTC, the law of the Republic of Hungary shall apply.
5. These GTC shall enter into force and become binding on the day they are published on the Seller’s website and shall also be available for inspection at the Seller’s registered office. The Seller reserves the right to delete, amend, modify, or replace them at its discretion, provided that for Contracts already concluded, the GTC in force at the time of contract conclusion shall apply. By submitting an Order and accepting the GTC on the Seller’s website, the Buyer confirms that they have read and agree to the GTC and consider them part of their contractual relationship.
6. The Seller shall not be liable for defects arising from third-party interference with the webshop or from improper use of the webshop. The Buyer shall not employ any procedures in using the webshop that could adversely affect its operations, nor engage in any activity that would enable the Buyer or third parties to unlawfully interfere with, misuse, or access the webshop’s software or other components, or use the webshop or its parts or software in a manner contrary to its intended purpose.
7. The Seller shall archive the Sales Contract, including these GTC, in electronic form.
8. The Seller may amend or supplement the text of the GTC. This shall not affect rights and obligations arising during the validity of any previous version of the GTC.
9. The specimen form for Withdrawal from the Contract constitutes an annex to these GTC.
These General Terms and Conditions shall take effect on ............. and shall apply to all Orders delivered via the website to the Seller after that date.
Annex 1
MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
SELLER:
Company name:
Statistical registration number (KSH):
Community VAT number:
Tax number:
Registered seat:
Contact details:
E-mail:
Telephone:
Website:
BUYER:
The consumer(s)’ surname(s) and first name(s): ……………………
The consumer(s)’ address(es): ……………………
The consumer’s e-mail address: ……………………
I/We hereby give notice that I/we withdraw from the sales contract for the following goods: ……………………
Order date / Date of receipt of goods\*: ……………………
By exercising my/our right of withdrawal from the sales contract, I/we undertake to return the purchased goods to the Seller, and I/we bear the direct cost of returning the goods.
Consumer(s)’ signature(s): ……………………
Date: …………………, …… day of ……………
* Delete where inapplicable.