These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") apply to business relations between CERA MEL s.r.o., with registered office at Choča 125, 951 76 Choča, ID No.: 47 209 071, and the Consumer. The company is registered in the Commercial Register of the District Court Bratislava I, sec. 90035/B, which is the operator of the trading system (hereinafter referred to as the "operator and / or seller") concluded through the e-commerce system (hereinafter referred to as the "shop").
Consumer means a natural or legal person who purchases products for personal use or for the use of members of his household.
In addition to the general provisions of the Civil Code, special regulations, in particular Act No. 108/2000 Coll. on Consumer Protection in Door-to-Door and Mail Order Sales, Act No. 250/2007 Coll. on Consumer Protection, shall apply to commercial and other related legal relations arising from the conclusion of purchase contracts under these GTC.
Commercial relations (as well as other legal relations that may arise from it) with legal entities or natural persons - entrepreneurs are subject to the provisions of the Commercial Code or the Civil Code (in the event that the provisions of point 2 do not apply).
A consumer is any person (natural or legal person) registered in the shop who has sent an electronic order processed by the shop system after self-authorisation.
An electronic order means an electronic form containing information about the consumer, a list of the goods ordered from the shop's offer and the price of these goods, processed by the shop's system or an e-mail sent to the seller's address.
The Terms and Conditions further define and specify the rights and obligations of the Seller and the Consumer and, in their current wording, form an integral part of the Purchase Contract.
Goods - products that are included in the Seller's offer for purchase through the Shop.
2. General provisions
These General Terms and Conditions apply in the wording indicated on the Seller's website on the day of sending the electronic order.
By submitting an electronic order, the consumer accepts without reservation all the provisions of the "General Terms and Conditions" in the wording in force on the date of submitting the order.
The Consumer declares that he/she has read these General Terms and Conditions before completing the order and that he/she accepts them.
The relations between the two parties that are not regulated by these "General Terms and Conditions" are governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, as amended, Act No. 250/2007 Coll., on Consumer Protection and on Amendments to the Slovak National Council Act No. 372/1990 Coll. on offences, as amended, and Act No. 108/2000 Coll. on consumer protection in door-to-door sales and mail order sales, as amended, Act No. 22/2004 Coll. on electronic commerce, as amended, or other laws of the Slovak legal order.
The Seller and the Consumer agree that they fully accept the electronic form of communication, in particular via electronic mail and the Internet, as valid and binding for both parties.
3. Method of concluding the purchase contract
The validity of the electronic order is subject to the true and complete completion of all the data and details required by the registration form. The Seller shall process orders in the order in which they are received.
All received electronic orders are considered as a proposal for the conclusion of a purchase contract.
Acceptance of the order of goods by the Seller and thus the conclusion of the purchase contract occurs on the basis of a written confirmation of this correctly and completely filled out order in electronic form.
In the case of the chosen prepayment on account, the order will be reserved for 5 days from the ordering. If the money is not credited to the account within this period, the order will be cancelled. The goods will be sent only after the full amount has been credited to the account, including postage.
The Seller shall have the right to cancel the order if, due to the unavailability of the goods, even with all reasonable efforts that can be reasonably required of him, he is unable to deliver the goods to the Consumer within the required time, unless otherwise agreed. The purchase price, if paid, shall be refunded to the consumer's account within 15 days at the latest.
4. Purchase price, payments
The price of the goods is determined according to the valid price list. The Seller undertakes to deliver the goods to the Consumer at the price valid at the time of conclusion of the contract of sale.
The purchase price shall be paid in the manner specified on the Seller's website under Payment and Shipping.
Promotional prices and discounted offers of goods are clearly marked with the symbol "promotion" or "discount". The validity of the promotion lasts until the stock is sold out or for a specified period.
If the consumer pays the purchase price by wire transfer, the date of payment shall be the date on which the purchase price is credited to the seller's account.
The Seller is subject to VAT.
In the event that the consumer has chosen cash on delivery as the method of delivery and does not accept the shipment for any reason, this action will be considered a breach of the "Terms and Conditions" and the "Purchase Contract". If the consignment is not accepted, the Seller will claim reimbursement of the costs incurred for dispatch or storage, as the case may be.
5. Delivery terms
The place of performance of the contract shall be understood as the consumer's residence or place of business indicated in the registration form of the shop. The goods will be delivered by the Seller using the services of third parties or by other means by mutual agreement.
Delivery of the goods is effected by handing them over to the consumer.
Title to the goods shall pass to the consumer upon delivery of the goods subject to retention of title - full payment of the purchase price.
The Seller shall deliver the goods to the Consumer as soon as possible after receipt of the electronic order. The Consumer acknowledges that in the performance of the Seller's obligations, the delivery dates quoted are indicative. The Consumer agrees to an extension of the delivery time if the production of the ordered goods or other circumstances so require. In the event that the Seller is unable to deliver all of the ordered goods to the Consumer within the agreed deadline, the Seller shall notify the Consumer of this matter as soon as possible and shall inform the Consumer of the expected date of delivery of the ordered goods or propose the delivery of alternative goods to the Consumer.
On receipt of the goods, the consumer is obliged to check the physical integrity and completeness of the consignment and to confirm these on the delivery note. If the consignment is visibly damaged or destroyed, the consumer must contact the seller immediately without taking delivery of the consignment. Any subsequent claims for quantity and physical damage to the goods will not be accepted. Shipping costs are not included in the price of the goods. The price for shipping is charged according to the valid price list indicated on the website in the chapter "Payment and shipping".
The risk of damage to the goods passes to the consumer when the consumer or an authorised person takes possession of the goods or, if he fails to do so in time, when the seller allows him to dispose of the goods and the consumer does not take possession of the goods.
The seller shall deliver to the consumer, at the latest, together with the goods in written or electronic form, all documents necessary for the acceptance and use of the goods and other documents prescribed by applicable law.
If the Seller cannot deliver the ordered goods, the Seller shall immediately inform the Buyer and refund the price paid for the goods within 15 days. The Buyer has the option to agree on a replacement performance.
6. Rights and obligations of the seller and the consumer
The Seller is obliged to deliver the goods in the agreed quantity, quality and date on the basis of the confirmed order - purchase contract.
The Seller has the right to the proper and timely payment of the purchase price by the Consumer.
The consumer is obliged to take over the ordered goods, pay the agreed purchase price within the due date, confirm the receipt of the goods in the delivery note with his signature or the signature of an authorised person.
The consumer has the right to delivery of the goods in the quantity, quality, date and place agreed by the parties.
7. Withdrawal from the contract of sale
The consumer has the right pursuant to § 12 (1) of Art. 108/2000 Coll. on Consumer Protection to withdraw from the contract within 14 days of receipt of the goods. Within this period, the written notice of withdrawal must be delivered to the Seller and the goods must be delivered in their original condition within this period. The goods must be intact, unused and in their original packaging. In the withdrawal, the consumer shall indicate the order number, name and date of purchase, proof of payment. Withdrawal from the contract can be made by electronic communication to the e-mail address email@example.com.
The goods must be sent to the Seller's address: CERA MEL s.r.o., Choča 125, 951 76 Choča, not as cash on delivery. We recommend to insure the goods.
Once all the above conditions for returning the goods have been met, the seller will refund the consumer the price paid for the goods within 14 days from the date of physical receipt and inspection of the goods. If any of the above conditions are not met, the seller will not accept the withdrawal and the goods will be returned at the consumer's expense.
8. Warranty, claims
The warranty period in accordance with Act No. 40/1964 Coll., the Civil Code, as amended, is set at a minimum of 24 months, unless a different warranty period is set for specific cases, and runs from the date of receipt of goods and confirmation of the necessary documents related to the goods by an authorized person. The expiry date for all products shall be at least 30 days from the date of dispatch of the goods, otherwise the customer shall be informed of the shorter expiry date by telephone. Complaints are handled in accordance with the applicable legislation of the Slovak Republic.
In the event of delivery of damaged goods, the consumer has the right to request a refund or to place a new order.
When making a claim, the consumer is obliged to fill in the claim form and wait for the seller's instructions and then deliver the claimed goods clean, mechanically undamaged, including the manuals and the warranty card or invoice to the seller. Upon successful completion and submission of the claim form, the consumer will receive an automatic confirmation of receipt of the claim by email from the Seller.
The Seller is obliged to determine the method of handling the complaint of the goods immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases within 30 days. Once the method of complaint has been determined, the complaint must be settled immediately, in justified cases within 30 days at the latest. The Seller shall notify the consumer of the outcome of the complaint within the statutory time limit in writing (e-mail, post). The Seller shall send a copy of the complaint report to the consumer together with the goods or hand it over to the consumer personally upon receipt of the goods complained about. If the Seller or a third party servicing the goods decides that the complaint is not justified, the Seller shall send the goods to an expert, authorised, notified or accredited person for a professional assessment at the Seller's own expense. After the expiry of the time limit for the settlement of the complaint, the consumer shall be entitled to withdraw from the contract or to have the product replaced by a new one.
The entitlement to the guarantee shall be extinguished if the defect has been caused by mechanical damage to the product, if the product has been operated in unsuitable conditions or if the product has been tampered with by a person other than the authorised person. Defects caused by natural disasters and improper handling of the product are also excluded from the warranty.
To make a claim, please contact: firstname.lastname@example.org
The claim must include: invoice number (or copy of the proof of acquisition), the exact name of the goods, a description of the defect or damage to the shipment, photo documentation of the damaged goods (if possible).
Complained goods should always be sent by regular parcel to the address. Choča 125, Choča - Carpentry Mlyňany 951 76. The goods must be accompanied by proof of payment.
The e-commerce operator undertakes to require from the consumer only data that serve exclusively for the needs of the seller related to the performance of obligations arising from the purchase contract: name and surname, permanent address of residence, including postal code, telephone number and e-mail address, for entrepreneurs, VAT number, VAT number, business name .
The Consumer declares that he agrees, in accordance with Act No. 122/2013 Coll., on the protection of personal data, as amended and in force, that the Seller shall process and store his personal data necessary for the Seller's activities and process them in all its information systems. The Seller undertakes to handle and dispose of the Consumer's personal data in accordance with the applicable laws of the Slovak Republic. The Consumer grants the Seller this consent for an indefinite period of time.
The Seller undertakes to delete the Consumer's personal data from its database at any time upon written or telephone request of the Consumer, even without giving reasons.
The personal data may be updated by the consumer whenever there is a change.
The Seller will not disclose personal data to third parties, except to the extent necessary for the delivery of the goods to the delivery companies. The Seller shall not disclose the data collected in any way.
The personal data obtained will be stored in accordance with Act No. 122/2013 Coll., on the protection of personal data, as amended and in force. The disposal of data will be carried out in accordance with the applicable legislation of the Slovak Republic.
When registering, the buyer has the option of opting to receive information about new products or other marketing information from the operator.
10. Supervisory authority
Slovak Trade Inspection (SOI) and the State Veterinary and Food Administration of the Slovak Republic.
11. Alternative dispute resolution
The buyer - consumer - has the right to contact the seller with a request for redress (by e-mail to email@example.com) if he is not satisfied with the way in which the seller has handled his complaint or if he believes that the seller has violated his rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of sending it, the consumer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity (hereinafter ADR entity) pursuant to Act 391/2015 Coll. ADR entities are authorities and authorised legal persons pursuant to §3 of Act 391/2015 Coll. The consumer may submit a proposal in the manner determined pursuant to §12 of Act 391/2015 Coll.
The consumer may also file a complaint through the alternative dispute resolution platform RSO, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
Alternative dispute resolution can only be used by a consumer - a natural person who is not acting within the scope of his/her business, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution applies only to a dispute between a consumer and a seller arising out of or relating to a consumer contract. Alternative dispute resolution shall apply only to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT.
12. Final and transitional provisions
The Operator reserves the right to change these General Terms and Conditions and the obligation to notify the change in writing is fulfilled by placing it on the Operator's website.
These terms and conditions are valid from 20.4.2016.