Terms and Conditions
General terms and conditions of the online store www.afgarms.eu
1. General provisions
These terms and conditions regulate the rights and obligations of the parties arising from the purchase contract concluded between the seller, which is FG Agency s.r.o., with registered office at Javorová 451/32, 958 04 Partizánske, ID No.: 51087090, registered in the Commercial Register of the District Court of Trenčín, Section: Sro, File No.Sro/35272/R (hereinafter referred to as the "seller") and the buyer, the subject of which is the purchase and sale of goods on the seller's e-shop website.
Contact details of the seller:
FG Agency s.r.o., with registered office at Javorová 451/32, 958 04 Partizánske
ID No.:51087090, registered in the Commercial Register of the District Court of Trenčín, Section: Sro, Entry No.Sro/35272/RTAX
ID:2120590538VAT NUMBER:SK2120590538
Place of business:
Javorová 451/32, 958 04 Partizánske
Phone: +421 905 488 722
E-mail: info@fgarms.sk
Supervisory authority:
Slovak Trade Inspection Authority (SOI)SOI
Inspectorate for Trenčín RegionHurbanova 59, 911 01 Trenčín
Supervision Departmenttel. 032/640 01 09, 032/640 01 08
http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
tn@soi.sk
1.1. These terms and conditions as in force on the date of conclusion of the Purchase Contract are an integral part of the Purchase Contract. In the event that the seller and the buyer enter into a written contract of sale in which they agree on terms and conditions that deviate from these terms and conditions, the provisions of the contract of sale shall prevail over these terms and conditions. Such agreed terms and conditions must not conflict with other legal provisions (shortening of the return period, liability period for defects, etc.). All contractual relations are concluded in accordance with the law of the Slovak Republic.
1.2. For the purposes of these Terms and Conditions, a supplementary contract means any contract for the supply or provision of an additional product which is related to the subject matter of a distance contract, whether the product is supplied or provided by the seller or by another person under an agreement with the seller.
1.3. The displayed purchase price for the goods on any e-commerce website operated by the seller includes value added tax in the amount specified by the applicable legislation of the Slovak Republic and does not include the price for transport of the goods or other optional services. All promotions are valid while stocks last, unless otherwise stated for specific goods.
1.4. The seller reserves the right to adjust the price of goods listed on any e-commerce website operated by the seller at any time. A change in the price of the goods shall not apply to sales contracts concluded prior to the price change, regardless of the fact that delivery of the goods has not taken place yet.1.5. In the event that the seller fails to comply with its obligations set out in the applicable legislation of the Slovak Republic or the European Union or in these terms and conditions, the buyer may exercise its right against the seller through the competent court.
2. Method of concluding the purchase contract
2.1. The buyer sends the proposal for the conclusion of the purchase contract to the seller in the form of a completed and submitted form on the seller's website, by which he/she has sent the proposal for the conclusion of the purchase contract, the subject of which is the transfer of the ownership right to the goods specified by the buyer for a consideration for the purchase price and under the conditions specified in this order (hereinafter referred to as the "order“).
2.2. After the order has been placed, the buyer receives an automatically executed notification of receipt of the order in the seller's electronic system (hereinafter referred to as "order delivery confirmation" / order confirmation) to his/her e-mail address. Any further information regarding the buyer's order may be sent to the buyer's e-mail address if necessary.
2.3. The Delivery Confirmation contains information that the seller has received the order, but is not an acceptance of the proposal to enter into a contract of sale.
2.4. The seller shall then send to the buyer's e-mail address information on whether the buyer's order has been accepted (hereinafter referred to as "Order Acceptance" / Order Confirmed). The order acceptance shall contain information on the name and specification of the goods, the sale of which is the subject of the Purchase Contract, details of the price of the goods and/or other services, details of the expected delivery time of the goods, the name and details of the place where the goods are to be delivered and details of the price, if any, terms, conditions, method and date of transport of the goods to the agreed place of delivery of the goods to the Buyer, details of the seller (business name, registered office, VAT number, number of registration in the commercial register, etc.), and other necessary details, if any.
2.5. The Purchase Contract is concluded upon delivery of the order acceptance in electronic or written form to the Buyer.
2.6. Before sending the order, the Seller shall inform the Buyer in a clear, unambiguous, comprehensible and unmistakable manner of the pre-contractual information concerning, payment, commercial, transport and other conditions, accordingly about:
a) the main characteristics of the product, to the extent appropriate to the means of communication used and the product, informed on the relevant catalogue page of the seller's e-shop,
b) the trade ame and registered office of the seller or of the person on whose behalf the seller is acting, on the relevant sub-page of the seller's electronic shop and in Article 1 of these terms and conditions, which are located on the relevant sub-page of the seller's electronic shop,
c) the telephone number of the Seller, the e-mail address of the Seller and other means of online communication of the Buyer with the Seller are informed on the relevant sub-page of the Seller's e-shop and in Article 1 of these Terms and Conditions, which are located on the relevant sub-page of the Seller's e-shop,
d) the address of the Seller, or of the person acting on behalf of the Seller, at which the Buyer may exercise the rights of liability for defects in the goods or services, withdraw from the contract, submit a request for redress or any other complaint, as informed in Article 1 of these Terms and Conditions, which are located on the relevant sub-page of the Seller's e-shop,
e) the total price of the goods or services, including value added tax and all other taxes, or, if the price cannot be reasonably determined in advance due to the nature of the goods or services, the manner in which it is calculated, as well as the costs of transport, delivery, postage and other costs and charges, or, if these costs and charges cannot be determined in advance, the fact that the Buyer will be obliged to pay them, informed on the relevant catalogue page of the Seller's e-shop,
f) the payment terms, delivery terms, the time by which the seller undertakes to deliver the goods or to provide the service are specified in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the seller's e-shop,
g) the existence and duration of the seller's statutory liability for defects in the goods, digital content and digital services and the availability of a consumer guarantee, if provided by the seller or the manufacturer, and the procedures for exercising and handling the buyer's liability for defects, complaints and claims, as set out in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the seller's e-commerce website,
h) the existence and duration of liability for defects in the service and the procedure for exercising rights under liability for defects in the service, as set out in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the seller's e-commerce website,
i) the terms and conditions of after-sales service in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the Seller's e-commerce website,
j) the compatibility and interoperability of items with digital elements, digital content and digital services of which the trader knows or can reasonably be expected to know, have been notified to the buyer on a product-by-product basis on the relevant catalogue page of the seller's e-shop,
k) the consumer's right to submit a request for redress to the seller, with a specific link to the website on which the information on the relevant alternative dispute resolution entity is published, has been informed in Article 12 of these terms and conditions, which are located on the relevant sub-page of the seller's e-commerce website,
l) the Buyer's right to withdraw from the contract of sale, the conditions, time limit and procedure for exercising the right to withdraw from the contract, in Article 10 of these terms and conditions, which are located on the relevant sub-page of the seller's e-commerce,
m) the provision of the withdrawal form in Article 10 and in the Annex to these terms and conditions, which are located on the relevant sub-page of the seller's e-commerce website; the seller has also provided the withdrawal form itself in the Annex to these terms and conditions, which are located on the relevant subpage of the seller's e-commerce website,
n) the information that if the buyer withdraws from the purchase contract, he/she will bear the costs of returning the goods to the seller pursuant to Section 21(3) of Act 108/2024 Coll. of Slovak republic on consumer protection and on amendment and supplementation of certain acts (hereinafter referred to as the "Act") and if he/she withdraws from the purchase contract also the costs of returning the goods which, due to their nature, cannot be returned by post, as informed in Article 10 of these terms and conditions, which are located on the relevant subpage of the e-commerce of the seller,
o) the Buyer's obligation to pay the Seller the price for the performance actually provided pursuant to Section 21(5) of the Act, if the Buyer withdraws from the Services Contract after having given the Seller explicit consent pursuant to Section 17(10)(c). Act informed in Article 10 of these terms and conditions, which are located on the relevant subpage of the seller's e-commerce,
p) the circumstances under which the buyer loses the right to withdraw from the contract, informed in Article 10 of these terms and conditions, which are located on the relevant sub-page of the seller's e-shop,
q) the existence of the relevant codes of conduct which the trader has undertaken to comply with and the manner in which the buyer can become acquainted with them or obtain the text thereof, informed on the relevant catalogue page of the trader's e-shop,
r) the duration of the contract, if it is a fixed-term contract; if it is an indefinite-term contract or a contract which is automatically extended, the information on the conditions for termination of the contract on the relevant catalogue page of the seller's e-shop and in these terms and conditions, which are placed on the relevant sub-page of the seller's e-shop,
s) the minimum duration of the Buyer's obligations under the Purchase Contract, if the Purchase Contract implies such an obligation for the Buyer, on the relevant catalogue page of the seller's e-shop and in these Terms and Conditions, which are located on the relevant sub-page of the sellers e-shop,
t) the obligation of the Buyer to pay an advance payment or to provide other financial security at the request of the seller and the conditions applicable to its provision, if the Purchase Contract implies such an obligation for the Buyer, has been informed on the relevant catalogue page of the seller's e-shop and in these Terms and Conditions, which are located on the relevant sub-page of the seller's e-shop,
u) the functionality of the item with digital elements, digital content and digital service, including the available technical protection measures, is informed on the relevant catalogue page of the seller's e-shop and in these terms and conditions, which are placed on the relevant subpage of the seller's e-shop,
v) the possibility and conditions for resolving the dispute out of court through an alternative dispute resolution system, if the seller has undertaken to use such a system, on the relevant catalogue page of the seller's e-shop and in these terms and conditions, which are located on the relevant sub-page of the seller's e-shop,
w) the actions necessary for the conclusion of the purchase contract by describing those necessary actions in these terms and conditions, which are located on the relevant subpage of the seller's e-commerce website,
x) that the contract of sale will be stored in electronic form with the seller and is available to the buyer after the buyer has requested it in writing by informing the buyer on the relevant catalogue page of the seller's e-shop and in these terms and conditions, which are located on the relevant sub-page of the seller's e-shop,
y) that the language offered for the conclusion of the contract is Slovak, informed on the relevant catalogue page of the seller's e-shop and in these terms and conditions, which are located on the relevant subpage of the seller's e-shop.
2.7. If the Merchant has not fulfilled the information obligation on the payment of additional fees or other costs pursuant to clause 2.6(e) of these Terms and Conditions or on the costs of returning the goods pursuant to clause 2.6(n) of these Terms and Conditions, the Buyer shall not be obliged to pay such additional costs or fees.
3. Trader's rights and obligations
3.1. The trader is obliged to:
a) deliver the goods to the Buyer in the agreed quantity, quality and time on the basis of the order confirmed by acceptance and to pack or equip them for transport in the manner necessary for their preservation and protection,
b) ensure that the delivered goods comply with the applicable legislation of the Slovak Republic,
c) immediately after the conclusion of the purchase contract, but at the latest together with the delivery of the goods, provide the buyer with a confirmation of the conclusion of the purchase contract on a durable medium, for example by e-mail. The confirmation must contain all the information referred to in point 2.6, including the withdrawal form,
d) hand over to the buyer, 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 the applicable Slovak legislation (original manuals from the manufacturer, warranty card, delivery note, tax document).
3.2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
3.3. If, due to stock outage or unavailability of goods, the seller is not able to deliver the goods to the buyer within the period agreed in the contract of sale or specified in these terms and conditions, the seller is obliged to offer the buyer an alternative performance or the buyer the opportunity to withdraw from the contract of sale or cancel the order. If the Buyer does not accept the substitute 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.
4. Rights and obligations of the buyer
4.1. The buyer has been informed by the seller that the order includes the obligation to pay the price.
4.2. The buyer is obliged to:a) collect the ordered and delivered goods,b) pay the agreed purchase price to the seller within the agreed due date, including the cost of delivery of the goods,c) to confirm in the delivery note the acceptance of the goods by his/her signature or the signature of a person authorized by him/her.
4.3. The Buyer is entitled to delivery of the goods in the quantity, quality, time and place agreed by the parties.
5. Delivery and payment terms
5.1. The usual availability of goods with the date of their approximate (or expected) delivery is indicated for each product on the e-commerce website.
5.2. Unless the seller and the buyer have agreed otherwise in the purchase contract, the seller is obliged to deliver the goods to the buyer without delay, at the latest within 30 days from the date of conclusion of the purchase contract. If the seller has not fulfilled his obligation to deliver the goods within the time limit referred to in the first sentence, the buyer shall invite the seller to deliver the goods within an additional reasonable time limit provided by him. If the seller fails to deliver the goods even within this additional reasonable period, the buyer shall be entitled to withdraw from the contract.
5.3. The seller is entitled to request the buyer to collect the goods even before the period for delivery of the goods agreed in the contract of sale expires.
5.4. The color display of the goods on the monitor may not exactly match the actual color shades as the buyer will perceive them in reality. The display of color shades depends, among other things, on the quality of the display monitor or other display equipment used.
5.5. The Buyer is obliged to collect the Goods at the place agreed by the Seller or its agent authorized to deliver the Goods and the Buyer in the Purchase Contract or otherwise at the time prior to the delivery of the Goods (hereinafter referred to as the "Place").The Buyer is obliged to collect the Goods within the time range agreed by the Seller or its agent authorized to deliver the Goods and the Buyer in the Purchase Contract or otherwise at the time prior to the delivery of the Goods (hereinafter referred to as the "Time Range “).
5.6. If the Seller delivers the Goods to the Buyer at the Place and within the Time Range, the Buyer shall collect the Goods in person or arrange for the Goods to be collected by a person authorized by the Buyer to collect the Goods in the Buyer's absence and shall sign a record of payment of the Purchase Price and delivery and handover of the Goods. The third party authorized to collect the goods must provide the trader with a copy of the acceptance of the order. The goods shall be deemed to have been delivered and accepted upon delivery of the goods to the Buyer. Delivery of the Goods to the Buyer means delivery of the Goods to the Place, acceptance of the Goods by the Buyer or a third party authorized by the Buyer and the signing of a record of payment of the Purchase Price and delivery and handing over of the Goods by the Buyer or a third party authorized by the Buyer.
5.7. If the delivery of the Goods has to be repeated due to the Buyer's absence at the Place and within the Time Range, or if the Buyer fails to collect the Goods within 7 days after the expiration of the Time Range without prior written cancellation of the Purchase Contract, the Seller shall be entitled to claim compensation for damages in the amount of the actual costs of the attempted unsuccessful delivery of the Goods to the Place.
5.8. The Purchase Contract is concluded with a termination clause stating that if the Buyer fails to pay the agreed Purchase Price to the Seller in accordance with clause 4.2 of these Terms and Conditions within 15 days of the Seller's request to collect the Goods, the Contract shall be terminated from the outset, the Parties shall refund or compensate each other for all payments received and the Seller shall acquire the right to freely dispose of the ordered Goods.
5.9. 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 that a defect in the goods is detected and/or in the event that the shipment is incomplete (less than the number of pieces of goods or the ordered goods are missing), the seller's representative shall, at the request of the buyer, draw up a record of the 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 delivery of the defective goods or confirm delivery of the defective goods and subsequently, in accordance with Article 8 of these terms and conditions, assert liability for defects in the goods with the seller or with another person of whom the seller has notified the buyer prior to the conclusion of the contract or prior to the dispatch of the order (hereinafter referred to as the "designated person"). If the Buyer refuses to collect the defective goods delivered, the Seller shall bear all costs reasonably incurred in returning the goods to the Seller.
5.10. In case of non-delivery of the goods by the seller within the period specified in point 5.2. of these terms and conditions, the buyer is entitled to withdraw from the purchase contract and the seller is obliged to return to the buyer the already paid part of the purchase price without undue delay, but no later than within 14 days from the receipt of the withdrawal from the purchase contract in the same way as the buyer used in his payment, unless he agrees with the buyer on a different method of return without charging the buyer any additional fees.
6. Purchase price
6.1. The purchase price for the goods agreed in the purchase contract between the seller and the buyer is stated in the order acceptance (hereinafter referred to as the "purchase price"). If the purchase price stated in the Order Acceptance is higher than the price for identical goods stated in the e-commerce offer at the time of the Buyer's order submission, the Seller shall deliver an electronic message to the Buyer informing the Buyer of the offer of a new purchase price in a different amount, which shall be deemed to be the Seller's proposal to conclude a new purchase contract, which must be expressly confirmed by the Buyer by e-mail or in writing in order for a valid conclusion of the purchase contract to take place.
6.2. The Buyer is obliged to pay to the Seller the purchase price including the cost of delivery of the goods in cash upon personal collection of the goods, by cash on delivery at the place of delivery of the goods, by online card payment upon dispatch of the order or by wire transfer to the account of the Seller, or by wire transfer to the account of the Seller, indicated in the acceptance of the order or on the website of the Seller at the time prior to the collection of the goods.
6.3. If the Buyer pays the purchase price to the Seller by wire transfer, the date of payment shall be the date on which the entire purchase price is credited to the Seller's account.
6.4. The buyer is obliged to pay the seller the purchase price for the agreed goods within the period according to the purchase contract, but at the latest upon collection of the goods.
6.5. If the Buyer fails to pay the Seller the full purchase price by the time the Goods are delivered to the Site and the parties have not agreed to pay the purchase price for the Goods in instalments, the Seller shall be entitled to refuse delivery of the Goods to the Buyer.
6.6. The costs associated with the assembly and removal of the goods are not included in the purchase price and the seller is not obliged to provide these services to the buyer.
7. Acquisition of ownership and transfer of risk of damage to goods
7.1. Upon collection of the goods at the agreed place, the ownership of the goods passes to the buyer. A buyer who does not meet the definition of a consumer as set out in Section 52(4) of the Civil Code of Slovak republic acquires the ownership right to the goods only upon full payment of the full purchase price for the goods.
7.2. The risk of damage to the goods passes to the buyer at the time when the buyer or a third party authorized by the buyer takes possession of the goods from the seller or his agent authorized to deliver the goods, or if he fails to do so in time, at the time when the seller allows the buyer to dispose of the goods and the buyer does not collect the goods.
8. Liability for defects
8.1. The seller shall be liable for any defect in the goods sold at the time of delivery and which becomes apparent within two years of delivery of the goods. In the case of second-hand goods, the parties may agree on a shorter period of the seller's liability for defects, but not less than one year from the delivery of the goods. If the defect shows up before the expiry of this period, it shall be presumed that the goods were already defective at the time of delivery. This shall not apply if the contrary is proved or if this presumption is incompatible with the nature of the goods or the defect.
8.2. If the object of the purchase is an item with digital elements where the digital content is to be supplied or the digital service is to be provided continuously for an agreed period of time, the seller shall be liable for any defect that occurs or manifests itself during the entire agreed period, but at least for two years after the delivery of the item with digital elements.
8.3. If the seller is liable for a defect in the goods sold, the buyer has the right to have the defect removed by repair or replacement (§ 623 of the Civil Code of Slovak republic), the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract (§ 624 of the Civil Code of Slovak republic).
8.4. The buyer may only exercise the rights of liability for defects if he has pointed out the defect within two months from the discovery of the defect, but no later than the expiration of the seller's liability period for defects.
8.5. The seller or a designated person shall provide the buyer with a written confirmation of the defect immediately after the buyer has pointed out the defect. In the acknowledgement of the defect, the seller shall specify the period within which the defect will be removed. This period may not be longer than 30 days from the date of the defect, unless a longer period is justified by an objective reason beyond the control of the seller. The buyer may assert liability for defects e.g. in person at the shop or remotely. The buyer can use this form to claim liability for defects.
8.6. The seller or a designated person shall issue the buyer with a confirmation of the defect of the goods in a suitable form chosen by the seller, e.g. in the form of an e-mail or in writing, in which he is obliged to precisely identify the defects of the goods and once again instruct the buyer of his rights arising from the provisions of Sections 623 and 624 of the Civil Code of Slovak republic.
8.7. The buyer has the right to choose to remove the defect by replacing the goods or repairing the goods. The Buyer may not choose a method of removing the defect which is not possible or which would cause the Seller unreasonable costs in comparison with the other method of removing the defect, taking into account all the circumstances.
8.8. If it is a defect that can be removed, the buyer may request its removal free of charge. The seller shall remove the defect within a reasonable period of time. Reasonable time means the shortest time the seller needs to assess the defect and to repair or replace the goods, taking into account the nature of the goods and the nature and seriousness of the defect.
8.9. The seller may refuse to remove the defect if neither repair nor replacement is possible, or if it would involve unreasonable costs taking into account all the circumstances.
8.10. For the purpose of repair or replacement, the buyer shall hand over or make the goods available to the seller or a person designated by the seller.
8.11. The seller shall deliver the repaired goods or replacement goods to the buyer at his own expense in the same or similar manner in which the buyer delivered the defective goods to him, unless the parties agree otherwise. If the buyer fails to collect the goods within a period of six months from the date on which he should have collected them, the seller may sell the goods. If the goods are of greater value, the seller shall give the buyer prior notice of the intended sale and a reasonable additional period of time to collect the goods.
8.12. Immediately after the sale, the seller shall pay to the buyer the proceeds of the sale of the goods after deducting the costs reasonably incurred by the seller for the storage and sale of the goods, if the buyer exercises the right to a share of the proceeds within a reasonable period of time specified by the seller in the notice of the intended sale of the goods.
8.13. If the seller refuses liability for defects, he shall notify the buyer in writing of the reasons for the refusal. If the buyer proves the seller's liability for the defect by an expert opinion or an expert opinion issued by an accredited person, an authorized person or a notified person, the buyer may claim the defect repeatedly and the seller may not refuse liability for the defect.
8.14. The buyer is entitled to compensation from the seller for the costs reasonably incurred in connection with pointing out a defect for which the seller is liable and exercising the rights of liability for the defect. The buyer must exercise his right with the seller no later than two months after delivery of the repaired or replacement goods, payment of the price discount or refund of the price after withdrawal from the contract, otherwise the right shall lapse.
8.15. The buyer has the right to a reasonable discount on the purchase price or may withdraw from the contract of sale without providing an additional reasonable period of time if the seller has not repaired or replaced the goods or the seller has refused to remove the defect on the basis of point 8. 9, or the goods have the same defect despite the repair or replacement of the goods, or the defect is of such a serious nature that it justifies an immediate reduction of the purchase price or withdrawal from the contract, or the seller has declared, or it is obvious from the circumstances, that he will not remove the defect within a reasonable period of time or without causing serious inconvenience to the buyer.
8.16. If the contract relates to the purchase of several goods, the buyer may withdraw from the contract only in relation to the defective goods. In relation to the other goods, he may only withdraw from the contract if he cannot reasonably be expected to have an interest in retaining the other goods without the defective goods.
8.17. The seller may not withdraw from the contract of sale according to clause 8.15 if the buyer has participated in the defect or if the defect is negligible.
8.18. After the Buyer withdraws from the contract and returns the goods back to the Seller, the Seller shall refund the purchase price to the Buyer no later than 14 days from the date of return of the goods or upon proof that the Buyer has sent the goods to the Seller, whichever is earlier. The seller shall refund the purchase price or pay the discount to the buyer in the same way as the buyer used when paying the purchase price, unless the buyer explicitly agrees to a different method of payment.
8.19. Article 8 of these Terms and Conditions applies to the handling of liability for defects. The Buyer has been duly notified and informed of the terms and conditions and the method of exercising liability for defects in the goods, including details of where liability for defects can be exercised, by placing these terms and conditions on the relevant sub-page of the Seller's e-shop, and the Buyer has had the opportunity to read them at the time prior to the dispatch of the order.
8.20. Liability for defects applies to goods purchased by the buyer from the seller via e-commerce on the seller's e-commerce website.
8.21. If the goods are defective, the buyer has the right to claim liability for defects at the seller's premises or at the designated person by delivering the goods to the seller's premises or the designated person's premises and delivering to the seller or the designated person the buyer's declaration of intent to exercise his/her right (hereinafter referred to as the "Notice of Defects"), e.g. in the form of a completed form for claiming liability for defects, which is located on the relevant sub-page of the seller's e-shop. The seller recommends that the goods are insured when they are sent. Neither the trader nor the designated person accepts COD shipments. The Buyer is obliged to truthfully state all the required information in the Defect Notification, in particular to indicate precisely the type and extent of the defect in the goods; the Buyer shall also indicate which of his rights arising from Section 623 of the Civil Code of Slovak republic he claims. The list of designated persons is provided on the relevant subpage of the e-shop or sent to the buyer by the seller at his request.
8.22. Proceedings relating to liability for defects in goods which can be delivered to the seller begin on the date on which all of the following conditions are met cumulatively:a) delivery of the Notice of Defective Goods to the seller or a designated person,b) delivery of the goods from the buyer to the seller or a designated person,c) delivery of access codes, passwords, etc. for the goods to the seller or a designated person, if these data are necessary to identify the defect in the goods and to repair the goods.
8.23. If the subject of the defect is goods that cannot be objectively delivered to the trader - goods are firmly built-in or oversized goods assembled by one-time non-removable connections, e.g. gluing, riveting, welding, soldering, etc. - (hereinafter referred to as "Undeliverable Goods"), the seller may agree with the buyer that the seller will assess such goods in person or through a person authorized by the seller directly at the buyer's premises. In such case, the Buyer shall, in addition to fulfilling the conditions under clauses 8.22 a) and c) of these Terms and Conditions, provide all necessary assistance for the inspection of the Undeliverable Goods by the Seller or a third party authorized by the Seller. Proceedings in respect of the Undeliverable Goods shall commence on the date on which the inspection of the Undeliverable Goods has been carried out pursuant to the first sentence. However, if the seller or a third party authorized by the seller in agreement with the buyer fails to arrange for the inspection of the Undeliverable Goods within a reasonable period of time, but no later than 10 days from the date of delivery of the Notice of Defect to the seller, the proceedings shall commence on the date of delivery of the Notice of Defect to the seller.
8.24. When removing the defect, the seller shall ensure the removal of the goods and the installation of the repaired goods or replacement goods, if the replacement or repair of the goods requires it.
8.25. The seller is liable for a defect caused by incorrect assembly or installation of the goods, digital content or digital service within the meaning of Section 619(4) of the Civil Code of Slovak republic.
8.26. The buyer is entitled to decide which of his rights under § 623 of the Civil Code of Slovak republic he claims and is also obliged to immediately deliver information about his decision to the seller or authorized person. On the basis of the buyer's decision which of his rights within the meaning of Section 623 of the Civil Code of Slovak republic he exercises, the seller or the designated person is obliged to determine the method of handling the claim of liability for defects.
8.27. Liability does not apply to defects on the basis of which the buyer and the seller agreed on a reduced price at the time of the conclusion of the contract and of which the buyer should have been aware, taking into account this circumstance.
8.28. The trader is not liable for defects in the goods: a) if the buyer has not exercised his right regarding the seller's liability for defects in the goods until the expiration of the period of the seller's liability for defects in the goods,b) if the defect in the goods is mechanical damage to the goods caused by the buyer,c) if the defect in the goods has been caused by the use of the goods in conditions that do not correspond to the natural environment of the goods in terms of intensity, humidity, chemical and mechanical influences,d) if the defect in the goods was caused by unprofessional handling, operation or neglect of the care of the goods,e) if the defect in the goods has been caused by damage to the goods due to excessive loading or use contrary to the conditions specified in the documentation or the general principles of normal use of the goods,f) if the defect in the goods is caused by damage to the goods caused by unavoidable and/or unforeseeable events,g) if the defect in the goods was caused by accidental damage and accidental deterioration of the goods,h) if the defect in the goods was caused by unprofessional intervention, water damage, fire, static or atmospheric electricity or other force majeure,i) if the defect in the goods was caused by tampering with the goods by an unauthorized person.
If the consignment is incomplete, or if it is an obvious defect that the buyer could have detected by inspecting the consignment upon delivery of the goods and which he did not notify to the seller's representative in accordance with clause 5.9 of these terms and conditions, a later allegation of a defect of this kind can only be accepted if the buyer proves that the goods already had the alleged defects at the time of their receipt by the buyer.
8.29. The seller will inform the buyer of the result of the handling of the defect liability claim immediately after the end of the procedure by phone or e-mail and will also receive a proof of the handling of the defect liability claim together with the goods or by e-mail.
8.30. Shipped sports nutrition goods, food in gift baskets and pet food have a minimum shelf life of more than 2 months before the expiration date, in case of a shorter expiration date, the seller will contact the buyer by phone or e-mail and the shipment is sent only with the buyer's consent.
8.31. In the case of exchange of goods for new ones, the buyer will receive a document on which the information about the exchange of goods will be indicated, and any further claims of liability for defects will be applied on the basis of the contract of sale and this document. In the event of replacement of the goods with new goods, the warranty period shall start again from the receipt of the new goods, but only for the new goods.
8.32. The handling of the claimed liability for defects applies only to the defects specified in the Notice of Defect and in the Confirmation of Defect of Goods pursuant to clause 8.6. of these Terms and Conditions.
8.33. The Buyer's right to assert liability for defects in the Goods after having exercised its right and requested the seller to repair the defect in the Goods pursuant to clause 8.3 of these Terms and Conditions shall be exhausted and, irrespective of the outcome of the defect liability proceedings, any re-assertion of the same unique defect (not a defect of the same kind) without the submission of an expert's expert report or an expert's opinion issued by an accredited, authorized or notified person shall be refused.8.34. The provisions of Article 8 of these Terms and Conditions explicitly do not apply to entities that do not meet the definition of a consumer set out in Section 52(4) of the Civil Code of Slovak republic.
9. Personal data and their protection
9.1. The Parties agree that for the purpose of proper processing and delivery of the order, if the Buyer is a natural person, the Buyer is obliged to notify the seller in the order of his name and surname, address of permanent residence, including postal code, telephone number and e-mail address.
9.2. The Parties agree that for the purpose of proper processing and delivery of the order, if the Buyer is a legal entity, the Buyer is obliged to notify the Merchant in the order of his/her business name, registered office address, including postal code, registration number, VAT number (if assigned), telephone number and e-mail address.
9.3. The buyer who has registered in the online shop can at any time check and change the personal data provided, as well as cancel his/her registration by logging in on the e-commerce website in the management of his/her account.
9.4. 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 personal data of the buyer in the process of concluding the purchase contract without his consent as a data subject, since the processing of the Buyer's personal data will be carried out by the seller in the framework of the pre-contractual relationship with the Buyer and the processing of the Buyer's personal data is necessary for the performance of the sales contract in which the Buyer acts as one of the contracting parties.
9.5. 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 to the buyer's e-mail address information about new products, discounts and promotions on the offered goods or services.
9.6. The seller undertakes to handle and dispose of the buyer's personal data in accordance with the applicable laws of the Slovak Republic.
9.7. The seller declares that, in accordance with Article 5(1)(a) and (b) of the Regulation, the personal data of the buyer will be collected solely for the purpose set out in these terms and conditions.
9.8. The seller declares that for purposes other than those specified in these terms and conditions it will always collect the personal data of the buyer separately on an adequate legal basis and at the same time it will ensure that these personal data will be processed and used exclusively in a way that corresponds to the purpose for which they were collected and it will not associate them with personal data that were collected for another purpose or for the purpose of the performance of the contract of sale.
9.9. Before sending the order, the Buyer will be asked to confirm that the seller has notified the Buyer in a sufficient, comprehensible and unmistakable manner by ticking the box (familiarization with the terms and conditions) before sending the order:
a) your identification data, which are listed in Article 1. of these Terms and Conditions, proving the identity of the seller,
b) 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 a sales 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 required 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) identification data of the third party, which is the company that will deliver the ordered goods to the buyer, or identification data of other recipients or categories of recipients of personal data, if any,
g) the period of retention of personal data or the criteria for determining it.
9.10. 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 legislation.
9.11. In accordance with the Regulation, the seller provides the following information to the buyer whose data is processed by the seller:
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 by a 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 personal data or the criteria for determining it,
h) information on the existence of the right to request from the seller access to his/her personal data 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 submit a complaint to the supervisory authority,
j) information on whether the provision of personal data is a legal or contractual requirement or a requirement that is necessary for the conclusion of a contract, whether the buyer 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 the above information in addition to it. For any additional copies requested by the Buyer, the seller may charge a fee corresponding to the administrative costs of making the copy.
9.12. If the buyer exercises its right under clause 9.11 in writing or electronically and it is clear from the content of its request that it is exercising its right under clause 9.11, the request shall be deemed to have been made in accordance with this Regulation.
9.13. The Buyer shall have the right to object to the processing of his personal data by the seller, which he believes 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 Merchant and the Personal Data of the affected Buyer shall no longer be processed for such purposes and shall not be processed for such purposes.
9.14. If the buyer suspects that his/her personal data is being processed unlawfully, he/she may file a complaint with the Office for Personal Data Protection of the Slovak Republic. If the buyer does not have full legal capacity, his rights may be exercised by his legal representative.
9.15. The seller shall take reasonable steps to provide the Buyer with all the information referred to in clause 9.11 in a concise, transparent, understandable 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.
9.16. The seller shall provide the buyer without undue delay, and in any event within one month of receipt of the request, with information on the measures taken at the request of the buyer.
9.17. The seller hereby notifies the Buyer that for 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
• Direct -Parcel Distribution SK s.r.o., with registered office at Pri letisku 5, 821 04 Bratislava, ID No.: 35834498
10. Withdrawal from the contract of sale
10.1. If the seller is unable to fulfil his obligations under the contract of sale due to the sale of stock, unavailability of goods, or if the manufacturer, importer or supplier of the goods agreed in the contract of sale has interrupted production or made such significant changes that it is impossible to fulfil the seller's obligations under the contract of sale, or due to force majeure, or even if, even with all due diligence, which can be fairly demanded of him is not able to deliver the goods to the Buyer within the period specified in these terms and conditions, the seller is obliged to immediately inform the Buyer of this fact and at the same time he is obliged to offer the Buyer an alternative performance or the possibility for the Buyer to withdraw from the contract of sale, respectively if the purchase contract has not yet been concluded. The Buyer may cancel the order by telephone or by e-mail. If the Buyer does not accept the substitute 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.If the Seller is unable 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 contract of sale.If the Buyer withdraws from the purchase contract or cancels the order for the reasons stated in this clause of these terms and conditions, the Seller is obliged to return the Buyer the deposit already paid for the goods agreed in the purchase contract without undue delay, but no later than within 14 days from the date of receipt of the notice of withdrawal in the same manner as used by the Buyer in their payment, unless the Buyer and Seller agreed on a different method of return without additional fees being charged to the Buyer.
10.2. The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with § 19 et seq. Act within 14 days from the date of collection of the goods, or from the date of conclusion of the contract for the provision of services or the contract for the delivery of digital content, which the seller delivers otherwise than on a tangible medium, if the seller has timely and properly fulfilled the information obligations under Section 15 of the Act.
10.3. Within this period, the buyer has the right to unpack and test the goods after collection in a manner similar to that usual when buying in a classic "brick and mortar" store, to the extent necessary to determine the nature, characteristics and functionality of the goods.
10.4. The withdrawal period shall commence on the day on which the buyer or a third party designated by the buyer, with the exception of the carrier, collects delivery of all parts of the ordered goods, or ifa) goods ordered by the buyer in one order are delivered separately, from the date of receipt of the goods that were delivered last,b) delivers goods consisting of several parts or pieces, from the date of receipt of the last part or piece,c) it delivers goods under contract repeatedly over a specified period of time, from the date of receipt of the first delivery.
10.5. The buyer may withdraw from the contract of sale, the subject of which is the purchase of goods, even before the withdrawal period has started.
10.6. The buyer may exercise the right to withdraw from a distance contract in paper form or in the form of a record on another durable medium.
10.7. Withdrawal from the purchase contract under the preceding paragraph of these terms and conditions must contain information on the basis of which the seller can clearly and without any doubt identify the order and the product that the customer wishes to return. These are, for example: identification of the buyer, the date or number of the order, the name and specification of the goods. We recommend that you also indicate the preferred method by which the seller should return the payment already received, in particular the account number and/or postal address of the buyer.
10.8. The seller is obliged to provide the buyer with an acknowledgement of receipt on a durable medium immediately after receipt of the withdrawal notice, if the buyer has withdrawn from the contract by using the special withdrawal function or form available on the seller's online interface.
10.9. If the buyer withdraws from the purchase contract, any supplementary contract related to the purchase contract from which the buyer withdrew shall be cancelled from the outset. This shall not apply if the parties explicitly agree on the continuation of the supplementary contract. No costs or other payments may be claimed from the buyer in connection with the cancellation of the supplementary contract, except for the costs and payments referred to in Sections 21(3) and (5) and 22(3) of the Act and the price for the service, if the subject matter of the contract is the provision of a service and the service has been provided in full.
10.10. The buyer is obliged to send the goods back to the address of the registered office of the operator without undue delay, but no later than within 14 days from the date of withdrawal from the purchase contract or hand them over to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller has offered to collect the goods in person or through a person authorized by the seller. The time limit under the first sentence of this paragraph of these terms and conditions shall be deemed to have been complied with if the goods have been handed over for delivery on the last day of the time limit at the latest.
10.11. The buyer is obliged to deliver the goods to the seller complete, including complete documentation, undamaged, preferably in the original packaging and unused.
10.12. It is recommended to insure the goods. Cash on delivery is not accepted by the seller. The seller is obliged to return all payments received from the buyer under or in connection with the contract of sale, including transport, delivery and postage costs and other costs and charges, without undue delay and no later than 14 days from the date of receipt of the notice of withdrawal. The Seller shall not be obliged to refund payments to the Buyer under this clause of these Terms and Conditions before the Goods have been delivered to the Buyer or until the Buyer proves that the Goods have been returned to the Seller, unless the Seller proposes to collect the Goods in person or through a person authorized by the Seller.
10.13. The seller is obliged to refund all payments to the buyer to the extent corresponding to the withdrawal from the contract if the buyer has not withdrawn from the entire distance contract but has withdrawn only in relation to specific products. The seller cannot charge the buyer additional costs for transport, delivery, postage and other costs and fees.
10.14. The seller is not obliged to pay additional costs to the buyer if the buyer has explicitly chosen a delivery method other than the cheapest normal delivery method offered by the seller. Additional costs mean the difference between the cost of delivery chosen by the buyer and the cost of the cheapest delivery method offered by the seller.
10.15. The buyer shall bear the cost of returning the goods to the seller or to the person authorized by the seller to collect the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled his obligation under Section 15(1)(g) of the Act.
10.16. The buyer is liable for any diminution in the value of the goods resulting from handling of the goods which goes beyond the handling necessary to establish the characteristics and functionality of the goods. The buyer shall not be liable for the diminution in value of the goods if the seller has failed to comply with the information obligation on the buyer's right to withdraw from the contract pursuant to Section 15(1)(f) of the Act.
10.17. The seller is obliged to refund to the buyer the purchase price for the goods in the same way as the buyer used for his payment, unless he agrees with the buyer on another way of refunding the payments without charging the buyer additional fees in this regard.
10.18. In the event that the buyer withdraws from the contract and delivers to the seller goods that are used, damaged or incomplete, the buyer undertakes to reimburse the seller:
a) the value by which the value of the goods has been reduced within the meaning of Section 457 of the Civil Code of Slovak republic in the actual amount,
b) costs incurred by the seller in connection with the repair of the goods and their restoration to their original condition, calculated according to the price list for the after-sales service of goods.The buyer is obliged to pay the seller compensation in accordance with this point of the terms and conditions in the amount not exceeding the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the contract of sale.
10.19. Unilateral offsetting of the claims of the seller and the buyer that arise from the withdrawal from the contract pursuant to Section 19 (1) of the Act is prohibited.
10.20. V In accordance with Section 19 (1) of the Act, the buyer cannot withdraw from the contract, the subject of which are:
- delivery of goods made to the Buyer's specifications or custom-made goods or goods not normally offered by the Seller,
- delivery of goods subject to rapid deterioration or perishability,
- delivery 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,
- delivery of sound recordings, video recordings, audiovisual recordings or software sold in protective packaging that has been damaged after delivery,
- the supply of goods which, by their nature, may be inextricably mixed with other goods after delivery,
- the supply of digital content otherwise than on a tangible medium, if the supply of the digital content has been commenced with the express consent of the buyer and the buyer has declared that he has been duly instructed that by expressing such consent he loses the right to withdraw from the contract by commencing the supply of the digital content and the seller has provided the buyer with a confirmation to that effect,
- the provision of the service, if the provision of the service has commenced with the express consent of the buyer and the buyer has declared that he has been duly advised that by expressing such consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place.
10.21. The provisions of Article 10 of these Terms and Conditions expressly do not apply to entities that do not meet the definition of a consumer set out in Section 52(4) of the Civil Code of Slovak republic.
11. Sale of goods with restriction
11.1. The conclusion of a purchase contract, the subject of which is the transfer of ownership rights to certain goods sold through the seller's website for a consideration, is conditional upon the consumer fulfilling the following obligations:
a) the buyer must be a holder of a valid firearms license within the meaning of Section 15 et seq. of Act No. 190/2003 Coll. on Firearms and Ammunition of Slovak republic and on Amendments and Additions to Certain Acts, as amended (hereinafter referred to as the "Weapons Act“),
b) the buyer must report to the police department the acquisition of goods which are weapons within the meaning of Section 2(1)(a) of the Weapons Act and which are to be the subject of a contract of sale,
c) the buyer must be of the age specified in Section 18(1) of the Weapons Act at the time of conclusion of the purchase contract.
11.2. The subject of the distance contract within the meaning of § 14 et seq. Act through the seller's website cannot be a sale:
a) of a weapon and ammunition of category A pursuant to section 4 of the Weapons Act and a weapon that has been rendered inoperable from a category A weapon pursuant to section 58 of the Weapons Act,
b) weapons and ammunition of category B pursuant to Section 5 of the Weapons Act and a weapon that has been rendered inoperable from a category B weapon pursuant to Section 58 of the Weapons Act,
c) weapons and ammunition of category C pursuant to section 6 of the Weapons Act and a weapon that has been rendered inoperable from a category C weapon pursuant to section 58 of the Weapons Act,
d) a category D firearm designed for firing flobert-type cartridges with a projectile energy at the muzzle of not more than 7,5 J pursuant to Section 7(1)(a) of the Weapons Act,
e) an expansion weapon pursuant to Section 7(1)(d) of the Weapons Act, except for a weapon referred to in Section 4(2)(j), Section 5(1)(h) or Section 6(1)(g) of the Weapons Act,
f) weapon that has been rendered inoperable of category A, category B, category C or category D referred to in point (k)(1) of section 7 of the Weapons Act,
g) a firearm constructed on the principle of a percussion lock, flintlock, wheel lock or matchlock ignition system, except for a weapon referred to in Section 6(1)(f) of the Weapons Act,
h) another weapon not listed in categories A to C pursuant to Sections 4 to 6 of the Weapons Act.
11.3. The transfer of ownership of the goods referred to in point 11.2. of these terms and conditions, which are displayed on the seller's website, is only possible on the basis of a contract of sale concluded in the simultaneous physical presence of the seller and the buyer and on the seller's premises after the buyer has presented the seller with a firearms license or a purchase permit, with the obligation to subsequently report the acquisition of the goods to the police department. For the goods referred to in point 11.2. of these terms and conditions which are displayed on the Seller's website, the option to add such goods to the cart shall not be displayed either.
11.4. If the buyer is interested in acquiring the goods referred to in point 11.2. of these terms and conditions, which are displayed on the seller's website and at the same time is obliged to submit to the law of a country other than the Slovak Republic when acquiring the ownership of the goods referred to in point 11.2. of these terms and conditions, he/she may contact the seller for more information on other options for purchasing such goods.
11.5. The transfer of ownership of goods not listed in point 11.2. of these terms and conditions, which are displayed on the seller's website (e.g. gas guns with a projectile energy of up to 17 Joules, bows, crossbows, airsoft guns, paintball guns, etc.) can be carried out by concluding a distance contract within the meaning of Sections 14 et seq. of the Act directly on the seller's website.
11.6. A buyer may also enter into a purchase contract with a seller for defensive equipment (e.g. defensive sprays, batons, brass knuckles, tonfas and similar defensive products).
11.7. The buyer is obliged to provide the seller with information on the type and number of the buyer's identity card when concluding a purchase contract, the subject of which is the acquisition of the ownership right to a weapon of category D pursuant to Section 7 of the Weapons Act. The seller is obliged to register this information in the record book pursuant to Section 5(2)(c)(4) or Section 5(3)(d)(4) of Decree No 555/2004 Coll. of the Ministry of the Interior of the Slovak Republic implementing certain provisions of Act No 190/2003 Coll. on firearms and ammunition and amending and supplementing certain acts. The buyer is also obliged to declare that he/she is at least 18 years of age and that he/she is aware of the criminal or other penal consequences of providing false information. If goods acquired through a distance contract concluded on the seller's website are to be delivered to the buyer outside the territory of the Slovak Republic, the seller strongly recommends the buyer to check whether the acquisition of ownership, possession and/or use of such goods in the country to which they are to be delivered or from which the goods are ordered is not contrary to the law of the country to which they are to be delivered. Legislation regulating the acquisition, possession and/or use of arms and defense articles may vary significantly from one State to another.
11.8. When concluding a contract, the subject of which is the acquisition of ownership of the goods displayed on the Seller's website, the Seller shall be governed by the applicable laws in force in the Slovak Republic. When ordering goods, the buyer is obliged to comply with the relevant legislation of the country of the recipient of the goods order. By ticking the appropriate box, the buyer confirms that he/she has read these terms and conditions, has read them, understands their content and agrees to them in their entirety. By ticking the relevant box, the buyer also confirms that the acquisition of ownership, possession and/or use of such goods in the country to which they are to be delivered or in the country from which they are ordered is not contrary to the laws of that country.
12. Final provisions
12.1. If the contract of sale is in writing, any modification must be in writing.
12.2. The Parties agree that communication between them shall be in the form of e-mail messages.
12.3. Relationships not regulated by these terms and conditions are subject to the relevant provisions of Slovak republic of the Civil Code, the Act, Act No. 22/2004 Coll. 128/2002 Coll. No. 284/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments and Additions to Certain Acts, as amended by Act No. 284/2002 Coll. as amended and the Act.
12.4. The buyer has the right to submit a request for redress to the seller if a dispute arises between the buyer and the seller arising from the exercise of liability for defects or if the buyer believes that the seller has infringed other consumer rights. If the seller responds to the request for redress in a negative manner or fails to respond within 30 days from the date of its dispatch, the seller has the right to submit a proposal 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 and on Amendments and Additions to Certain Acts of Slovak republic.The competent entity for alternative dispute resolution of consumer disputes with the seller is the Slovak Trade Inspection P.O. Box 29, Bajkalská 21/A, 827 99 Bratislava, www.soi.sk or another competent authorized 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 buyer has the right to choose which of the above-mentioned alternative dispute resolution entities he/she will turn to.
12.5. These terms and conditions shall become effective against the buyer upon conclusion of the contract of sale.
12.6. Before submitting the order, the Buyer will be asked to check the appropriate box to confirm that he/she has read and understood these terms and conditions and agrees to them in their entirety.
Annex 1
Withdrawal form
(fill in and send this form only if you wish to withdraw from a distance contract)
You can download the withdrawal form in PDF format here: Withdrawal from the contract of sale.
Annex 2
Instructions on exercising the buyer's right to withdraw from the purchase contract
1. Right of withdrawal from the sales contract
If you are buying as a buyer, you have the right to withdraw from this contract of sale without giving a reason within 14 days. The withdrawal period expires after 14 days from the date on which you or a third party appointed by you, with the exception of the delivery agent, takes delivery of the goods, or from the date of conclusion of the contract for the provision of a service, or from the date of conclusion of the contract for the delivery of digital content other than on a tangible medium. When exercising your right to withdraw from the purchase contract, please inform us of your decision to withdraw from this purchase contract by a clear statement (e.g. a letter sent by post or e-mail) to FG Agency, s. r. o., Javorová 451/32, 958 04 Partizánske; info@fgarms.sk. For this purpose, you can use the sample form for withdrawal from the contract of sale, which we have sent or mailed to you, and which can be found as Annex 1 of the Terms and Conditions. However, its use is not obligatory. If you wish, you can also fill in and send the sample withdrawal form or any other clear statement of withdrawal electronically via the website of our online shop www.fgarms.eu. If you make use of this option, we will promptly confirm receipt of your withdrawal from the purchase contract by e-mail or on another durable medium. The withdrawal period is maintained if you send a notice of exercise of the right of withdrawal before the withdrawal period expires. If the subject matter of the contract of sale is the purchase of goods, you may also withdraw from the contract of sale before the withdrawal period has started to run.
2. Consequences of withdrawal
Upon cancellation, we will refund all payments you have made in connection with the conclusion of the purchase contract, in particular the purchase price, including the cost of delivery of the goods to you. This does not apply to additional costs if you have chosen a delivery method other than the cheapest normal delivery method we offer. Payments will be made to you no later than 14 days from the date on which we receive your notice of cancellation of this contract of sale. They will be paid in the same way as you used for your payment, unless you have explicitly agreed to a different method of payment, and without any additional charges being made. We may wait to refund your payment until the goods are returned to our address or until we have proof that you have sent the goods back, whichever is sooner. Please send the goods back to us or bring them to our registered office address without undue delay and in any event no later than 14 days from the date you exercise your right of withdrawal. The time limit shall be deemed to have been complied with if you send the goods back before the expiry of the 14-day period. You shall bear the direct costs of returning the goods. Please note that if you withdraw from the contract of sale, you are liable for any diminution in the value of the goods as a result of handling them between the time of receipt and the time of their return in a manner other than that necessary to establish the nature, characteristics and functionality of the goods. If you have requested the commencement of the service during the withdrawal period, you shall be liable to pay us the price for the service actually provided up to the date on which you notify us of your decision to withdraw from this contract.
These terms and conditions are valid from 9.3.2026
