Article I.
Introductory provisions

Paragraph 1
Pro-Tech Shop, Ltd.,
Lieskovská cesta 2279
962 21 Lieskovec

ID: 52 566 269,
VAT: 2121065980
VAT NUMBER: SK2121065980
registered in the Commercial Register of the District Court of BB, Section: Sro, Insert: 37088/S.


Supervisory authority:
Slovak Trade Inspection (SOI)
SOI Inspectorate for Banská Bystrica Region
Dolná 179/46, 974 01 Banská Bystrica
Supervision and Legal Department
tel.: 048/412 49 69, 048/415 18 71, 048/415 18 73, fax no. 048/412 46 93
http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

Pro-Tech Shop, Ltd., through a third party, operates a shopping web portal/web shop at www.protechshop.com.ua (hereinafter also referred to as the "Shopping Portal"). Through this portal, the third party (hereinafter referred to as the "Buyer") is able to view the goods on the shopping portal. At the same time, subject to the terms and conditions set out in these General Terms and Conditions (hereinafter referred to as "GTC") and subject to the acceptance of the order/purchase contract proposal by the Seller, this person has the option to purchase the goods selected by them as a Buyer.

Paragraph 2
The Seller's electronic mail address is info@protechshop.uk.
Opening hours: regular working days Monday to Friday from 08.30 -17.00.
These details may be amended or updated at any time at www.protechshop.com.ua

Paragraph 3
These GTC govern the legal relations between Pro-Tech Shop, Ltd. as the seller and the buyer who, in accordance with the GTC and in accordance with the procedure set out in the GTC, expresses an interest in purchasing goods on the website www.protechshop.com.ua. These legal relations between the Seller and the Buyer arising from the purchase, delivery of goods and claims for defects in goods are governed by the provisions of the relevant legislation of the Slovak Republic, in particular the Civil Code of the Slovak Republic and the Commercial Code of the Slovak Republic, depending on their content and the parties to the purchase. These GTC also regulate the obligations of the parties up to the moment of conclusion of the purchase contract on the basis of the registration of the buyer's person. The mutual relations of the Seller and the Buyer are also governed by the Complaints Procedure for the online shop www.protechshop.com.ua (hereinafter referred to as the "Complaints Procedure") referred to in clause 5. of the GTC.

Paragraph 4
Purchase contract means a contract between the Seller and the Buyer, the subject of which is the purchase of goods presented on www.protechshop.com.ua, concluded pursuant to Article 2 et seq. GTC.

Paragraph 5
The provisions of the GTC and the law regulating the rights of the consumer do not apply to the buyer who is not a consumer according to Act No. 250/2007 Coll. or who purchases goods for the purpose of business and not for personal consumption. This person is not entitled to the rights of a consumer under the applicable legislation. Liability for defects in goods and mutual relations between the seller and the buyer who is not a consumer are governed in this case by the provisions of the Commercial Code of the Slovak Republic.

Paragraph 6
Goods presented on the shopping portal (unless clearly stated otherwise in the title or description of the product) belong to the hobby category. The details of the goods presented on the shopping portal (in particular availability, price, stock, size, shape, pattern, colour) are not updated by the seller online at any time. These data regarding the goods may not always be complete, correct and identical to the actual situation on the shopping portal. The "availability" displayed next to a product item on the shopping portal cannot be interpreted as a time limit for delivery of the goods by the seller. The indicated availability of the goods is only an indicative, non-binding estimate of the time expected for the Seller to sell out the available stock. It is not possible to show the Goods to the Buyer in advance, it is not always possible to take and accept orders and to carry out their delivery, if necessary through a third party. Goods sold via the shopping portal are always limited by the Seller's current stock and reordering and/or delivery of goods after they have been sold out is not possible, even via another person. In certain cases, the Seller will not be able to deliver the Products or equivalent Products or arrange for delivery to be made by another Seller at that price, at a time and in a quantity that is reasonable in relation to the Product, the extent of the advertising of the Product and the price, in particular if an exceptional case has occurred pursuant to Article 2.15 of the GTC. The Buyer shall always be informed of any such extraordinary event - impossibility of delivery of the goods in an appropriate manner and in the case of a concluded contract, each of the parties shall have the right to withdraw from the contract. Some products may be manufactured in several modifications - the most typical one is always shown in the photo. However, the quality, basic features and general character of the product (as indicated in the description) remain unchanged.

Paragraph 7
A consumer is a natural person who purchases goods or services and is not acting in the course of his business, profession or occupation when concluding and performing a consumer contract. Seller means a natural or legal person who, when concluding and performing a consumer contract, is acting within the scope of his business or profession, or a person acting on their behalf or on their behalf. Supplier means a natural or legal person who, directly or through other entrepreneurs, has supplied the seller with goods and whose actions do not affect the characteristics of the goods. Shop means an online shop operated by the Seller and represented by a set of websites and e-commerce applications on a particular internet domain.

 

Article II.
Ordering of goods / contract of sale / acts for the conclusion of the contract

Paragraph 1
The purchase of goods is made by the Buyer issuing and sending an order in the Seller's shopping portal, provided that the Buyer's order must be agreed (accepted) by the Seller in accordance with the GTC, otherwise the contractual relationship will not arise. If the order is accepted by the Seller in accordance with the GTC, the Seller shall deliver the ordered goods within the delivery period according to Article 4.1 of the GTC. Before the Buyer sends the order, the Buyer is notified and provided with information on the shopping portal and in the GTC according to special regulations, in particular according to Article 3 of Act No. 102/2014 Coll. The Buyer, by clicking the appropriate box before submitting the order on the portal, confirms that he/she has read these terms and conditions, read them, understands their content and agrees with them in their entirety.

Paragraph 2
In order to be able to actively shop on the shopping portal or to participate in the Seller's promotional and competition activities, the Buyer must register on www.protechshop.com.ua in the registration area of the portal. Buyer registration can be done before or during the selection process. The person filling in the registration form is obliged to fill in the data according to the required fields of the registration form. By completing the registration form, the buyer simultaneously gives consent to the processing of his/her personal and other data in accordance with Article 7 et seq. GTC and the terms and conditions of the GTC. The Buyer is obliged to update these data immediately on the portal in case of change when sending the order, since their correctness, truthfulness and timeliness affect the delivery of goods to the Buyer. Required fields of the registration form are marked with "*". The Buyer is obliged to provide correct, complete and truthful information. Failure by the Buyer to comply with the above obligations shall be construed against the Buyer. A successful registration process is completed by assigning an access name and password, no special email is sent. The buyer is obliged to keep the access name and password generated in the registration process in a safe place and protect it so that it cannot be misused.

Paragraph 3
The Buyer views and selects the goods according to the product categories listed in the left-hand product menu or by clicking on the displayed goods. For the goods, the buyer selects the details according to the published ordering information and clicks on the "Add to Cart" button to add the goods to his order. If the buyer has completed the process of selecting the goods, he clicks on the "Order" button. Otherwise, he/she is entitled to return to the goods selection process by clicking on "Continue shopping".

Paragraph 4
The process of creating the buyer's order consists of 4 steps: a) selecting the goods and clicking on the button " Order" b) selecting the payment method, shipping and shipping price, c) confirming the order, d) sending the order.

Paragraph 5
In each of these steps, the buyer follows the navigation instructions and each of these steps is generally completed by clicking on "Continue". The Buyer is obliged to provide complete, true and correct information necessary for the correct delivery of the goods. The Buyer is obliged to check the accuracy of the selected data and information in the process of ordering the goods before they are finally sent to the Seller.

Paragraph 6
The application of any other terms and conditions of the Buyer set out in the order, other document, message or e-mail of the Buyer that would be contrary to these GTC is expressly excluded.

Paragraph 7
The Buyer's order shall be deemed to have been dispatched if it is delivered to the Seller and if it contains all the required data - the name of the goods ordered, their quantity, price, delivery and billing address, e-mail and telephone contact details of the Buyer. After sending the order, your order will be processed and a confirmation of receipt of the order by the Seller will be sent to your e-mail. If necessary, any further information regarding your order will be sent to the e-mail address provided.

Paragraph 8
Before sending an order to the Seller, the Buyer is always required to click and confirm that the Buyer has read and agrees to the Seller's applicable GTC, considering them to be part of the contractual relationship between the Seller and the Buyer. The process of issuing and sending an order by the Buyer cannot be completed without this action. Each order is assigned a registration number. When communicating with the Seller and when making payment, the Buyer shall also indicate the order number.

Paragraph 9
The Buyer sends the order to the Seller via the shopping portal. This order is the Buyer's proposal to conclude a purchase contract under the terms and conditions of these GTC. The order is intended for acceptance by the Seller within 15 days of its receipt by the Seller. By sending the order to the Seller via the shopping portal, the Buyer expresses his/her will to be bound by his/her order during the said period, to purchase and accept the goods selected by him/her at the purchase price, in accordance with the terms and conditions of the GTC, subject to its acceptance by the Seller. Upon receipt of the order, the Seller shall promptly confirm the Buyer's order electronically, i.e. inform the Buyer of the receipt and inclusion of the Buyer's order in the Seller's system. The electronic confirmation of the order is not an acceptance of the order by the Seller pursuant to Article 2 of the GTC and does not give rise to a partial purchase contract.

Paragraph 10
Based on the agreement of the parties and in accordance with the GTC, the purchase contract between the parties is concluded if the Seller confirms the Buyer's order and at the same time accepts it (i.e. agrees with the order) by a special e-mail or message addressed to the Buyer within the aforementioned period of 15 days from the receipt of the order, in accordance with the procedure set out in these GTC. The Seller shall execute the acceptance of the Buyer's order by sending an e-mail or a message to the Buyer. The Seller's acceptance e-mail will state the fact of acceptance of the Buyer's order, which will be expressed by the notion that the order is "confirmed", and, where applicable, the fact of dispatch of the goods (hereinafter referred to as "acceptance of the order" for the GTC). Acceptance of the order constitutes a contract of sale between the parties. Based on the agreement of the parties and these GTC, the Seller is obliged to fulfill the accepted order within the time limit pursuant to Article 4.1 of the GTC.

Paragraph 11
The Buyer may revoke the order by e-mail delivered to the Seller, provided that such revocation reaches the Seller before the Seller has performed the acceptance of the order in accordance with the procedure set out in the GTC. The expiry of the time limit for acceptance of the order (order acceptance ) by the Seller without its acceptance shall automatically cancel the order. The order is also cancelled in other cases according to the GTC.

Paragraph 12
Change in order/conditions: if the Seller is unable to agree - accept the Buyer's order in its entirety (e.g. 1 of the 4 items will be unavailable) or if the Seller proposes to change it or to change the terms of delivery for other reasons, the Buyer will be informed of the fact by e-mail or other appropriate means. At the same time, the buyer will be asked to agree or disagree with the change. The Buyer shall be obliged to agree or disagree within a period of 2 days from the date of notification of the proposed change. During this period, the available items from the Buyer's order will be reserved for the Buyer. Only upon acceptance (approval) by the Seller of the proposed change in the order by the Buyer shall the contractual relationship between the parties be established. If the Buyer does not agree to the change within the above period in the manner specified, the Buyer's order shall be deemed cancelled in its entirety and the Seller's proposal for change shall be deemed not to have been accepted by the Buyer upon the expiration of the above period.

Paragraph 13
The contract of sale between the Seller and the Buyer shall be concluded by the Seller's acceptance of the Buyer's order or by the Buyer's acceptance of a change to the order proposed by the Seller and executed by the Buyer. The purchase contract shall give rise to the obligation of the Seller to hand over the object of purchase to the Buyer and to perform the obligations under the GTC. The Buyer shall be obliged to take over the object of purchase from the concluded contract, to pay the agreed price for it to the Seller and to fulfil the obligations under the contract and the GTC. The Seller shall fulfil the accepted order within the time limit according to Article 4.1 of the GTC.

Paragraph 14
In special cases and before sending the acceptance, the Seller reserves the right to request the Buyer to supply additional necessary documents, data or to verify the accuracy of the Buyer's personal data, e-mail address or telephone number. Depending on the nature of the Buyer's order, the Seller is always entitled to request the Buyer to provide additional authorisation of the order or the Buyer's identity in an appropriate manner, such as in writing, by email, SMS or telephone. If the Buyer fails to make the additional authorisation in the manner and within the period requested by the Seller, the order (before acceptance) or the contract of sale (after acceptance) shall be cancelled from the beginning by the expiry of this period.

Paragraph 15
The Buyer is entitled to withdraw from the Purchase Contract in accordance with the GTC and the law in the event of out of stock, unavailability of the goods or if the Seller is unable to deliver the goods to the Buyer within the agreed period of time, or for reasons of force majeure or the occurrence of an extraordinary circumstance. If the Seller is not able to deliver the goods to the Buyer at the price stated in the order for the above reasons and notifies the Buyer of this fact before the binding acceptance of the order, the Seller is not obliged to accept the Buyer's proposal to conclude the purchase contract. If the Buyer has already paid the purchase price, it shall be refunded to the Buyer in accordance with the law and the GTC. The Seller is also entitled to unilaterally withdraw from the contract and/or not to deliver the goods to the Buyer if it finds that incorrect, incomplete or false information regarding the Buyer, the person taking over the goods or if there is a risk of damage to the Seller as a result of the behaviour of the person with whom the Seller has communicated (e.g. fraudulent conduct).

Paragraph 16
The buyer is entitled to unilaterally withdraw from the contract between the conclusion of the contract and the delivery of the goods. The buyer's withdrawal options after receipt of the goods are set out in the GTC and in the law. The GTC are also accompanied by the Instructions on the exercise of the consumer's right of withdrawal as well as the Model Consumer Withdrawal Form. These documents can be downloaded by the buyer, the necessary links are provided at the end of these GTC. Upon conclusion of the contract, the Seller hereby provides the Consumer with the Instructions on the exercise of the Consumer's right of withdrawal and the Sample form for the Consumer's withdrawal from the contract upon delivery of the goods.

Paragraph 17
Neither the Buyer nor the Seller shall be entitled to assign a claim arising from mutual relations to a third party. Prior to the dispatch of the order, the Buyer is entitled to perform the acts and use the technical means described in Sections 2 and 3 of these GTC in order to conclude the contract, detect or correct technical defects.

Paragraph 18
If, due to out-of-stock or unavailability of goods, the Seller is unable to deliver the goods to the Buyer within the period agreed in the Purchase Contract or specified in these Terms and Conditions, the Seller is obliged to offer an alternative performance or an option for the Buyer to withdraw from the Purchase Contract or cancel the order if the Purchase Contract has not yet been concluded. The buyer may withdraw from the purchase contract or cancel the order by sending an e-mail. If the Seller is not able to deliver the goods to the Buyer at the price stated in the order for the reasons stated above and notifies the Buyer of this fact before binding acceptance of the order, the Seller is not obliged to accept the Buyer's proposal to conclude the purchase contract. If the Buyer has already paid the purchase price or part thereof, the Seller shall refund the purchase price or part thereof already paid within 14 days from the date of receipt of the e-mail of withdrawal from the purchase contract or cancellation of the order to the Buyer in the same way as the Buyer used in his payment, unless another method of refund is agreed with the Buyer without additional charges to the Buyer. If the Buyer does not accept the alternative performance offered by the Seller or withdraw from the Purchase Contract within a reasonable period of time, the Seller shall be entitled to withdraw from the Purchase Contract and, if the Buyer has already paid the Purchase Price or part thereof, the Seller shall be obliged to refund the Purchase Price or part thereof already paid within 14 days from the date of delivery of the withdrawal from the Purchase Contract to the Buyer.

 

Article III.
Purchase price and payment terms

Paragraph 1
The Buyer is obliged to pay the Seller the purchase price and the transport price for the goods according to the order accepted by the Seller (the concluded contract). When creating the order, these items are also listed in total (sum of the price of the goods and the transport price). The price of the goods on the portal is stated including VAT, unless it is stated that it is a price without VAT. VAT is applied to the delivery of goods and services in accordance with the law.

Paragraph 2
The purchase price of the goods does not include bank charges for the payment of the purchase price, the cost of transporting the goods, the cost of cash on delivery, the cost of delivering the purchased goods in accordance with point 4. of the GTC, the cost of using electronic means of communication. These fees and costs are payable by the Buyer, unless otherwise specified below. When paying from abroad, the buyer as the payer is obliged to bear the fees of his bank and other fees, in particular those of correspondent banks. The price of the electrical equipment sold shall include a recycling fee to cover the costs of environmentally sound recycling of the electrical equipment at the end of its life.

Paragraph 3
The Buyer and the Seller are entitled to cancel the order (until the goods are dispatched), respectively. To withdraw from the purchase contract if the Seller is unable to fulfil its obligations under the purchase contract due to the sale of stock, unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract has discontinued production or has made such significant changes, which would make it impossible for the Seller to perform its obligations under the Purchase Contract or for reasons of force majeure or if, having made all reasonable efforts which may fairly be required of it, it is unable to deliver the Goods to the Customer within the time specified in these Terms and Conditions or at the price stated in this Order. All promotions are valid while stocks last, unless otherwise stated for specific goods.

Paragraph 4
The method of payment of the purchase price, the cost of transport of the goods (the method of payment is chosen by the buyer in the process of ordering the goods on the shopping portal and is indicated in the order with the quantification of the cost):

cash on delivery (cash on delivery) - the purchase price and the cost of cash on delivery and transport of the goods are indicated in the shopping cart in the process of ordering the goods,
cash deposit to the Seller's account - the purchase price and the cost of shipping the goods are indicated in the shopping cart when ordering the goods,
by cashless payment to the Seller's account at the moment of order creation or after order acceptance - the purchase price and shipping costs are indicated in the shopping cart when ordering the goods.
via consumer instalment credit - more information here:
https://www.quatro.sk/ako-nakupovat
When paying, the buyer's order number must be entered as the variable symbol. The Buyer's incorrectly specified variable symbol during payment results in an incorrect settlement of the purchase price and the Buyer bears all risks associated with this and the Buyer is in default of the obligation to pay.

Paragraph 5
Maturity of Purchase Price:
If cashless payment or cash payment by deposit into the Seller's account is chosen: the Buyer shall pay the Purchase Price to the Seller no later than 2 days from the date of conclusion of the Contract and prior to taking delivery of the Goods in the manner set out in Clause 3. GTC; the buyer is entitled to pay already when issuing and sending the order to the seller with the fact that the payment is perceived as an advance payment of the purchase price and the cost of transport of the goods, but the buyer is advised to pay only after the acceptance of the order by the seller (conclusion of the contract),
For cash on delivery: the buyer is obliged to pay to the seller the purchase price and shipping costs at the latest upon delivery of the goods to the buyer.

Paragraph 6
The bank charges for the payment of the purchase price and transport costs by the buyer shall be governed by the contract between the buyer and the buyer's bank. The Buyer is advised that information on the shipping costs of the goods is clearly stated in the ordering process and depends on the choice of carrier/delivery service and the method of delivery. The cost of the use of electronic means of communication is governed by the contract between the Buyer and its internet service provider or its electronic communication service provider, as the case may be.

Paragraph 7
The Seller shall issue and deliver an invoice to the Buyer in accordance with the applicable laws of the Slovak Republic. By sending an order, the Buyer agrees that the invoice shall be sent together with the goods or made available to the Buyer electronically. The invoice is sent together with the goods and the invoice is also the delivery note and the warranty card, unless a separate warranty card is delivered.

Paragraph 8
Withdrawal from the concluded contract shall be in accordance with the law and the GTC. If the purchase price has been paid prior to the conclusion of the contract and the contract is not concluded even within 14 days of receipt of the buyer's order, the purchase price shall be refunded to the buyer without delay. The refund of the purchase price shall be made to the account from which the payment was received or in another manner as agreed by the parties. In case of doubt, before refunding the price paid, the Seller shall be entitled to require the Buyer to prove that they are the owner of the account and/or the legitimacy of the receipt of the funds. If the Seller is obliged to refund the Purchase Price to the Buyer and the Goods have already been delivered to the Buyer, the Seller shall refund the Purchase Price to the Buyer upon return of the Goods to the Seller.

 

Article IV.
Delivery of the goods and terms of delivery

Paragraph 1
The Seller shall deliver the Goods to the Buyer within 30 days from the date on which the contract between the Seller and the Buyer has been concluded in accordance with the procedure set out in these GTC. The Seller shall deliver the goods to the Buyer at the address given by the Buyer when placing the order and exclusively to the person named as the Buyer or ensure that the goods are taken over by a person authorised by the Buyer to take over the goods in his/her absence. For this reason, it is essential that the Buyer correctly states his identification details when ordering the goods and the details for delivery of the goods. The delivery person is entitled to ascertain and verify with the person taking delivery by appropriate means whether that person is the purchaser and whether he is authorised to take delivery of the goods. If the circumstances so require, the seller and the buyer may agree on an extension of the delivery period or on a substitute performance of the same quality and price. The cost of delivery of the goods is indicated in the shopping cart during the ordering process.

Paragraph 2
Delivery of the goods to the buyer is only possible if the purchase price and the cost for the delivered goods have been paid. Otherwise, the seller or the carrier/delivery agent is entitled not to deliver the goods and the seller is not in default of delivery. The Buyer is obliged to duly accept the goods from the carrier/delivery agent within the scope of the order accepted by the Seller. On receipt of the goods at the agreed place, the title to the goods shall pass to the Buyer. The buyer who does not meet the definition of a consumer as set out in Section 2(a) of Act No. 250/2007 Coll. on Consumer Protection, as amended, acquires the ownership right to the goods only upon full payment of the full purchase price for the goods.

Paragraph 3
The method of delivery of the goods shall be selected by the buyer on the shopping portal, in the process of ordering the goods from the options offered by the seller. In principle, delivery of the goods by a freight forwarding company or by a postal company is possible and the price of transport is indicated in the order.

Paragraph 4
In certain cases, the Seller is entitled to change the method of transport of the goods selected by the Buyer to another offered method of transport before accepting the order. In this case, the Buyer will be informed of this in writing, will be proposed a change to the order, the terms of the contract according to article 2 of the GTC and will be informed of the change in the shipping costs. The change in transport costs due to a change in the method of transport will not be to the disadvantage of the buyer.

Paragraph 5
The Buyer is advised that the Seller is also entitled to deliver the Goods by several separate deliveries, provided that the price of carriage shall also apply to such separate deliveries as if the order had been accepted (i.e. several carriages shall be charged at the price of one carriage only).

Paragraph 6
The Seller, the shipping company or the delivery service is entitled to announce the delivery of the goods to the Buyer by e-mail, text message or any other appropriate form (e.g. by telephone). The Buyer agrees that the Seller shall provide the following data of the Buyer to the shipping/freight forwarding company or the delivery service. The Buyer shall be reachable at the address provided by the Buyer at the time of the notified delivery of the goods.

Paragraph 7
On receipt of the goods, the buyer must prove his identity to the carrier by means of valid identity documents (ID card or passport). These documents must show the identity of the buyer and the authorisation to take delivery of the goods. Otherwise, the goods may not be handed over by the seller/carrier.

Paragraph 8
The Seller is entitled to unilaterally and at their own discretion internally determine the value of the order at which the Buyer no longer pays the freight cost of the goods. The fact of payment or non-payment of the freight price by the Buyer shall be displayed in the order on www.protechshop.com.ua. The Seller is entitled to unilaterally change and modify the value of the order (concluded contract) for which the Buyer does not pay the freight price without the need to specify the change in these GTC. This change does not affect the concluded contracts.

Paragraph 9
The Buyer is entitled to inspect the consignment, i.e. the goods as well as their packaging immediately after delivery in the presence of a representative of the Seller. In the event of discovering the existence of a defect in the goods and/or if the shipment is incomplete (lower number of pieces of goods or missing ordered goods), the Seller's representative shall, at the Buyer's request, draw up a Record of Damage indicating the extent and nature of the defect in the goods, the accuracy of which shall be confirmed by the Buyer. On the basis of the record so prepared and delivered to the Seller, the Buyer may subsequently refuse to accept the delivered defective goods or confirm the delivery of the defective goods and subsequently, in accordance with these Terms and Conditions, claim defects in the goods from the Seller or a designated person. In the event that the Buyer refuses to accept the defective goods delivered, all costs reasonably incurred in returning the goods to the Seller shall be borne by the Seller. If the consignment is incomplete, or if it is an obvious defect which the Buyer could have detected by inspecting the consignment upon delivery of the goods and which the Buyer did not notify to the Seller's representative in accordance with the aforementioned clause of these Complaints and Terms and Conditions, subsequent claims of this kind shall only be accepted if the Buyer proves that the goods already had the claimed defects at the time of their receipt by the Buyer.

Paragraph 10
The Seller shall inform the Buyer without delay of the impossibility of delivery of the goods in cases of force majeure or reasons for which the Seller or the carrier/delivery agent is not responsible. In this case, the Seller shall offer or provide the Consumer with an alternative performance and shall proceed according to the GTC and the law.

 

Article V.
Warranty, Complaint Conditions and Complaint Procedure

Paragraph 1
The provisions of this clause shall not apply to a buyer who is not a consumer and/or persons purchasing goods for the purpose of business and not for the personal consumption of natural persons; liability for defects in goods shall in this case be governed by the provisions of §422 et seq. Commercial Code. The Seller handles consumer complaints in accordance with the legislation of the Slovak Republic, in particular Act No. 250/2007 Coll. as amended, the Civil Code of the Slovak Republic and applicable legislation.

Paragraph 2
For all goods purchased on the basis of civil law relations, the warranty period in accordance with the legislation of the Slovak Republic is normally 24 months, unless the legislation of the Slovak Republic provides for a shorter period for certain types of goods. The warranty period starts from the date of receipt of the goods by the buyer. The Seller shall be liable to the Buyer-consumer for defects in the goods pursuant to Sections 623 and 623 of the Civil Code.

Paragraph 3
The duration of the warranty period is based on the legislation of the Slovak Republic. If the sold item, its packaging or the instructions attached to it have a period of use marked on them, the warranty period shall not expire before the expiry of this period.

Paragraph 4
The warranty does not cover defects and damage caused by: in connection with normal wear and tear, the actions of the purchaser or a third party after the purchaser has taken delivery of the goods, unprofessional, careless handling, excessive stress, mechanical damage or wear and tear, use of the goods contrary to their instructions or purpose of use or failure to comply with the rules of use, maintenance or storage, natural disasters, unprofessional or improper assembly or installation or storage, as a result of failure to carry out regular maintenance and service inspections (if they are specified according to the user's manual). The Buyer's warranty shall also expire if the seal is removed from the goods or if the goods are tampered with.

Paragraph 5
If the Buyer wishes to make a Claim or a Withdrawal, he/she must prepare a copy of the proof of purchase (invoice, which also serves as a warranty card). Fill in the Claim Form or Withdrawal Form and attach it together with the proof of purchase to the packaged goods. The following instructions will help you to proceed:

1. Select whether you want to Withdraw or Claim the goods.
2. If your parcel is under 50kg, fill in all the necessary details and a courier will come to collect the parcel once you have completed the registration of the case. If your shipment is over 50kg, select "I will arrange my own shipping" option when creating a case and after registering your case, contact our customer support to discuss the next steps.
3. After filling in the necessary details, press Create Case.
4. Once the case is created, a report will be generated and will arrive in your email inbox with further instructions.

If you have any questions or need further assistance, please do not hesitate to contact us.
We are here for you and happy to help.

Paragraph 6
The buyer shall enclose a legible copy of the proof of purchase of the goods (the invoice which serves as a warranty card) and the notice of the claim with a description of the defect with the goods claimed. The goods must be delivered in clean condition and with the accessories supplied with the goods. It is not possible to assess and process the claim without the goods being presented or proving that the goods were purchased from the seller and that they are within the warranty period.

Paragraph 7
The Seller shall handle consumer complaints in accordance with the legislation of the Slovak Republic, in particular Act No. 250/2007 Coll. as amended, the Civil Code of the Slovak Republic and applicable legislation. If it is a defect that can be removed, the buyer has the right to have it removed free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay. Instead of removing the defect, the Buyer may require replacement of the item or, if the defect relates only to a part of the item, replacement of the part if this does not incur disproportionate costs for the Seller in relation to the price of the goods or the severity of the defect. The Seller may always resolve the complaint by replacing the goods instead of removing the defect if this does not cause the Buyer serious inconvenience. If there is a defect which cannot be remedied and which prevents the item from being properly used as a non-defective item, the buyer has the right to have the item replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable, but if the buyer is unable to use the object properly because of the recurrence of the defect after repair or because of a greater number of defects. If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item.

Paragraph 8
The Seller shall notify the Buyer of the manner of handling the complaint immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, in particular if a complex technical assessment 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 how to handle the complaint, the seller or a designated person shall handle the complaint immediately; in justified cases, the complaint may also be handled later. However, the handling of the complaint may not take longer than 30 days from the date of the complaint. After the expiry of the time limit for processing the complaint, the consumer has the right to withdraw from the contract or to have the goods exchanged for new goods. At the end of the complaint procedure, as well as upon the Seller's request, the Buyer is obliged to take over the claimed goods from the Seller within 15 days, if the complaint has been settled by way of repair, discount, exchange of goods (new goods) or rejection of the complaint. Consumer complaints and suggestions can be addressed to the address of the Seller's registered office.

Paragraph 9
If the Buyer does not take possession of the goods even within 30 days after the complaint has been settled or within 30 days from the date of re-delivery of the goods to the Buyer, or does not take possession of the goods within the same period of time after the Seller has sent a notice after the end of the complaint procedure to the contact address provided by the Buyer, the Seller shall be entitled, in accordance with the law, to demand from the Buyer a performance fee of €0.50 for each day of storage.

Paragraph 10
If the consumer has made a claim for a product within the first 12 months of purchase, the seller may only reject the claim on the basis of a professional assessment; irrespective of the outcome of the professional assessment, the consumer may not be required to pay the costs of the professional assessment or any other costs related to the professional assessment.

Paragraph 11
Where a consumer has made a complaint about a product after 12 months from the date of purchase and the seller has rejected it, the person who has settled the complaint shall indicate in the complaint settlement document to whom the consumer may send the product for expert assessment. If the product is sent to a designated person for expert assessment, the costs of the expert assessment, as well as any other costs reasonably incurred in connection therewith, shall be borne by the seller, irrespective of the outcome of the expert assessment. If the consumer proves that the expert assessment establishes that the seller is responsible for the defect, the consumer may reassert the claim; the warranty period shall not expire while the expert assessment is being carried out. The seller shall reimburse the consumer within 14 days from the date of the reasserted claim for all costs incurred for the professional assessment as well as all related costs reasonably incurred. The reasserted claim cannot be rejected.

Paragraph 12
The Seller shall inform the Buyer of the outcome of the complaint immediately after the completion of the complaint procedure by telephone or e-mail, and the Buyer shall be provided with proof of the complaint together with the goods or by e-mail. The Seller is obliged to issue the Buyer with a written document in a suitable form within 30 days from the date of the claim, e.g., by e-mail, in person or by a postal, courier or delivery service provider, at the latest, about the method of determining the claim and the claim settlement.

 

Article VI.
Return of goods - withdrawal from the contract

Paragraph 1
Instructions on the Buyer's right to withdraw from the contract / exercising the right to withdraw from the contract.
The Buyer has the right to withdraw from the contract without giving any reason within 14 days of receipt of the goods. The withdrawal period expires 14 days after the date on which the Buyer or a third party appointed by him, with the exception of the carrier, takes delivery of the goods.
If the items in the order are delivered separately, the withdrawal period expires 14 days after the date on which the Buyer or a third party appointed by him, with the exception of the carrier, receives the goods which were delivered last. When exercising the right to withdraw from the contract, the Buyer shall inform the Seller of his/her decision to withdraw from this contract by an unequivocal statement (by registering in the withdrawal system,
which is set out below)

The withdrawal period is preserved if the Buyer sends a notice of exercising the right to withdraw from the contract before the withdrawal period for the contract has expired. Further conditions are regulated in Act No. 102/2014 Coll. Upon withdrawal from the contract, the Seller shall refund the full payment to the Buyer. The Seller shall return the payment to the Buyer without undue delay, at the latest within 14 days from the date he receives the Buyer's notice of withdrawal from this contract, as well as the purchased goods according to the order. Payment for the purchased goods will be made to the Buyer only after the returned goods have been delivered back to the Seller's address.
If the Buyer wishes to withdraw from the Contract, the Buyer must prepare a copy of the proof of purchase - Invoice and a completed Withdrawal Form.
A courier will come to collect the goods. The following guide will help you to proceed:
1. Select the Withdrawal option.
2. If your parcel is up to 50kg, fill in all the necessary details and a courier will come to collect the parcel once you have completed the case registration. If your shipment is over 50 kg, select the "I will arrange my own shipping" option when setting up your case and after registering your case, contact our customer support to arrange the next steps.
3. Once you have filled in the necessary details, press Create Case.
4. Once a case has been created, a report will be generated and will arrive in your email inbox with further instructions.
If you have any questions or need further assistance, please do not hesitate to contact us. We are here for you and will be happy to help.

Paragraph 2
In case of return of damaged, used or worn-out goods or goods without accompanying documents and accessories, the Seller is entitled to claim damages or other legal claims against the Buyer in civil law proceedings (except for goods returned due to proven warranty defects).

Paragraph 3
By agreement between the Seller and the Buyer and in accordance with these GTC, the Buyer shall not be entitled to withdraw from the contract of sale without giving any reason in any of the following cases: a) sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery. (b) the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery.

Paragraph 4
In the event of a breach of the conditions for withdrawal from the contract or for the proper return of the goods, the Seller shall be entitled to claim compensation from the Buyer for the damage thereby incurred in accordance with the relevant legislation.

Paragraph 5
The buyer's obligation under these terms and conditions is to take delivery of the ordered goods and to pay for the goods. If the Buyer fails to take delivery of the goods at the place designated by the Buyer and/or within the time range agreed in advance between the courier and the Buyer without prior written cancellation of the contract, the Seller shall be entitled to claim compensation for damages in the amount of the actual cost of attempting to unsuccessfully deliver the order

Paragraph 6
Unless otherwise agreed between the seller and the buyer, the buying consumer may not withdraw from a contract the subject of which is the sale of goods made to the consumer's special requirements, custom-made goods or goods intended specifically for a single consumer.

 

Article VII.
Alternative dispute resolution

If the consumer is not satisfied with the manner in which the Seller has handled his complaint or believes that the Seller has violated their rights, the consumer has the right to contact the Seller with a request for redress. If the Seller responds to the consumer's request under the preceding sentence in a negative manner or fails to respond to such a request within 30 days from the date of its dispatch by the consumer, the consumer shall have the right to file a motion for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts. The competent body for alternative dispute resolution of consumer disputes with the seller is the Slovak Trade Inspection https://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi
soi or another competent authorised legal person 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 from the following entities of alternative dispute resolution entity. The possibility to go to court is not affected. The consumer may use the online dispute resolution platform available at
http://ec.europa.eu/consumers/odr/.

 

Article VIII.
Personal data and their protection

8.1 The Parties agree that for the purpose of proper processing and delivery of the order, the Buyer, if they are a natural person, is obliged to notify the Seller in the order of their name and surname, address of permanent residence, including postal code, telephone number and e-mail address.
8.2 The Parties agree that for the purpose of proper processing and delivery of the order, if the Buyer is a legal entity, the Buyer shall notify the Seller in the order of their business name, registered office address including postal code, VAT number (if assigned), telephone number and e-mail address.
8.3 The Buyer, who has registered within the online shop, may at any time check and change the personal data provided, as well as cancel his registration by logging in on the e-commerce website in the "Registration" section.
8.4 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 and repealing Directive 95/46/EC (General Data Protection Regulation), (hereinafter referred to as the "Regulation"), the Seller, as the operator of the information system, will process the Buyer's personal data in the process of concluding the Purchase Contract without the Buyer's consent as a data subject, since the processing of the Buyer's personal data will be carried out by the Seller within the framework of pre-contractual relations with the Buyer and the processing of the Buyer's personal data is necessary for the performance of the Purchase Contract in which the Buyer acts as one of the contracting parties.
8.5 Pursuant to Article 6(1)(f) of the Regulation, the Seller may, after delivery of the ordered goods or services to the Buyer, on the basis of legitimate interest, also process the Buyer's personal data for direct marketing purposes and send information about new products, discounts and promotions on the offered goods or services to the Buyer's e-mail address.
8.6 The Seller undertakes to handle and dispose of the Buyer's personal data in accordance with the applicable laws of the Slovak Republic.
8.7 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 purpose set out in these Terms and Conditions.
8.8 The Seller declares that it will always collect the Buyer's personal data separately on an adequate legal basis for purposes other than those set out in these Terms and Conditions of Sale and Complaints and will ensure that such personal data is processed and used only in a manner that is appropriate to the purpose for which it was collected and will not be aggregated with personal data collected for any other purpose or for the purpose of performance of the Purchase Contract.
8.9 Before placing an order, the Buyer will be asked to confirm, by ticking the box before placing the order, that the Seller has notified the Buyer in a sufficient, comprehensible and unmistakable manner that:
(a) their identification data as set out in Article 1 of these Terms and Conditions of Sale and Complaints proving the identity of the Seller,
(b) the contact details of the Seller or the Seller's responsible person,
c) the purpose of the processing of personal data, which is the conclusion of the purchase contract between the Seller and the Buyer and the legal basis for the processing of personal data,
d) that the Buyer is obliged to provide the requested personal data for the purpose of concluding the purchase contract and the proper processing and delivery of the order,
e) if the processing is based on Article 6(1)(f) of the Regulation, that the legitimate interest pursued by the Seller is direct marketing,
f) the identification data of the third party, which is the company that delivers the goods ordered to the buyer, or the identification data of other recipients or categories of recipients of personal data, if any,
g) the period of retention of the personal data or the criteria for determining it,
8.10. The Seller declares that it will process personal data in accordance with good manners and will act in a manner that does not contravene or circumvent the Regulation or other generally applicable laws.
8.11 In accordance with the Regulation, the Seller shall provide the following information to the Buyer whose data they process:
(a) the identity and contact details of the Seller and, where applicable, the Seller's representative,
b) the contact details of the responsible person, if any,
(c) the purposes for which the personal data are processed and the legal basis for the processing,
(d) where the processing is based on Article 6(1)(f), the legitimate interests pursued by the seller or the third party,
(e) the recipients or categories of recipients of the personal data, if any,
(f) where applicable, information that the seller intends to transfer the personal data to a third country or an international organisation,
(g) the period of retention of the personal data or the criteria for determining it,
(h) information on the existence of the right to request access to their personal data from the seller and the right to rectification or erasure or restriction of processing or the right to object to processing as well as the right to data portability,
(i) the right to lodge a complaint with a supervisory authority,
(j) information on whether the provision of personal data is a legal or contractual requirement or a requirement necessary for the conclusion of a contract, whether the purchaser is obliged to provide personal data, as well as the possible consequences of not providing such data,
(k) the existence of automated decision-making, including profiling;
The Buyer has the right to obtain from the Seller a copy of the personal data that is being processed and to obtain all of the above-mentioned information. For any additional copies requested by the Buyer, the Seller may charge a fee equivalent to the administrative costs of making the copy.
8.12 If the Buyer exercises their right under clause 7.11 in writing or electronically and the content of their request indicates that it is exercising their right under clause 7.11, the request shall be deemed to have been made under this Regulation.
8.13. The Buyer shall have the right to object to the processing of their personal data by the Seller which they believe is or will be processed for the purposes of direct marketing, including profiling to the extent that it is related to such direct marketing. If the Buyer objects to such processing, the Seller shall cease processing the Personal Data for direct marketing purposes from the date of receipt of such objection by the Seller and the Personal Data of the Buyer concerned shall no longer be processed for such purposes and shall not be processed for such purposes.
8.14. If the Buyer suspects that his/her personal data is being unlawfully processed, he/she may lodge a complaint to the Office for Personal Data Protection of the Slovak Republic. If the buyer does not have full legal capacity, their rights may be exercised by his legal representative.
8.15. The Seller shall take appropriate measures to provide the Buyer with all the information referred to in clause 7.11 in a concise, transparent, comprehensible and easily accessible form, clearly and simply worded. The Seller shall provide the information electronically or, in accordance with the Regulation, by such other means as may be agreed with the Buyer.
8.16 The Seller shall provide the Buyer with information about the action taken on the basis of the Buyer's request without undue delay and in any event within one month of receipt of the request.
8.17. The Seller hereby notifies the Buyer that, by virtue of the performance of the concluded contract, the processing of the Buyer's personal data implies that the Buyer's personal data will be disclosed and made available to the following third parties or groups of recipients:

DPDgroup International Services GmbH & Co. KG
Wailandstr. 1,
63741 Aschaffenburg,
Germany
Company number: D4102V_HRA3340

Direct Parcel Distribution SK s.r.o.
At the airport 5
821 04 Bratislava - mestská často Ružinov
Slovakia
ID: 35 834 498

GLS General Logistics Systems Slovakia s.r.o.,
Budča 1039, 962 33 Budča
Slovakia
ID:36624942

SmartSelling a.s.
Netroufalky, 625 00 Bohunice,
ID: 29210372
Czech Republic
The company is registered in the Commercial Register of the District Court Brno, Section B, Insert 7559

 

Article IX.
Final Provisions

9.1 The Seller shall be entitled to keep and archive the mutual documentation and the Contract in electronic form together with the relevant General Terms and Conditions for a period of 5 years. The archived contract shall not be accessible to the Buyer. The Slovak language is offered for the conclusion of the contract. The Buyer is entitled to reproduce the essential elements of the contract in electronic form in accordance with the law. The contract is concluded for the period until the settlement of the parties' obligations under the contract, or for the period until the moment of its cancellation in accordance with the contract, the GTC and the legal regulations. The minimum duration of the consumer-buyer's obligations under the contract shall be determined by the legislation of the Slovak Republic, the GTC and the contract.

9.2 For the delivery of electronic messages addressed to the Buyer, if the Seller does not receive an error message about the impossibility of delivery of the message (e-mail or SMS message) to the provided e-mail address or telephone number of the Buyer (mobile phone), the message (e-mail or SMS message) shall be deemed to have been delivered on the next day after it was sent, unless otherwise provided for by mandatory legislation. The parcel shall also be deemed to have been delivered if the addressee refuses to accept it or if the addressee, through their own fault or omission, fails to accept it. In such a case, it shall be deemed to have been delivered on expiry of the storage period at the post office, as determined by the sender, and on return of the consignment to the sender, of which the sender must provide undamaged proof. Notices delivered by a courier service (Slovenská pošta, Geis, GLS) shall be deemed to have been delivered at the moment of receipt by the contracting party. If delivery by courier service is unsuccessful, the moment of delivery shall be deemed to be the third day after the first attempted delivery, the attempted delivery being evidenced by a declaration of the courier service.

9.3 If any provision of the GTC and/or the Contract is found to be invalid or ineffective, such invalidity or ineffectiveness shall not result in the invalidity or ineffectiveness of the other provisions of the Contract/GTC. In such a case, the parties undertake to replace such invalid or ineffective provision with a new one without delay so as to preserve the purpose pursued by the respective invalid or ineffective provision at the time of its adoption or the conclusion of this contract, as the case may be.

9.4 The Inspectorate of the Slovak Trade Inspection based in Banská Bystrica is entitled to supervise the activities of the Seller.
9.5 The applicable substantive and procedural law is the law of the Slovak Republic. All disputes arising out of or in connection with the GTC, the Contract, including disputes arising out of the delivery of goods, shall be heard and determined exclusively by the courts of the Slovak Republic under the law of the Slovak Republic.

9.6 The GTC shall be valid and binding from the date of their publication on the Seller's website and may also be consulted at the Seller's registered office. The Seller reserves the right, at their own discretion, to cancel, change, modify or replace them with new ones, provided that the GTC in force at the time of conclusion of the purchase contract shall apply to the concluded contracts. By registering, as well as by sending the order and by clicking on the consent to the text of the GTC at www.protechshop.com.ua at the end of the ordering process, the buyer confirms that they have been provided with information about the buyer's right to withdraw from the contract pursuant to Section 3(1)(h) of Act No. 102/2014 Coll., that they have read and agrees to the GTC, the Complaints Procedure (Article 5 ), considering them to be a part of the contractual relationship.

The GTC in this wording are published and valid from 1 October 2019 and apply to orders delivered via the shopping portal after this date.