Terms and conditions
These general terms and conditions ("Terms") govern the rights and obligations of you, as buyers, and Us, as sellers, within the framework of contractual relationships concluded through the E-shop on the website www.freecarp.sk.
All information about the processing of your personal data is contained in the principles of personal data processing, which can be found here www.freecarp.sk/podmienky-ochrany-osobnych-udajov/.
As you certainly know, we communicate primarily remotely. Therefore, for our Contract, it also applies that means of remote communication are used that allow us to agree without the simultaneous physical presence of Us and You.
If any part of the Terms and Conditions contradicts what we have jointly agreed upon within the process of your purchase on Our E-shop, this specific agreement will take precedence over these Terms and Conditions.
1. SOME DEFINITIONS
1.1 Price is the financial amount that you will pay for the Goods;
1.2 Shipping price is the financial amount that you will pay for the delivery of the Goods, including the price for its packaging;
1.3 Total price is the sum of the Price and Shipping price;
1.4 VAT is the value added tax according to applicable law;
1.5. E-shop is an online store operated by Us at www.freecarp.sk, where the purchase of the Goods will take place;
1.6. Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
1.7. We are ONMI s.r.o., with registered office at Lovčická 664/97 91927 Brestovany, ID number 56036060, registered in the Commercial Register kept by the District Court in Trnava, section sro, insert no. 56139/T, e-mail info@onmi.sk, telephone number +421908784023, legally referred to as the seller;
1.8. The Order is your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;
1.9. Goods are everything that you can purchase in the E-shop;
1.10. A user account is an account established on the basis of the data provided by you, which allows for the storage of the entered data and the history of the ordered Goods and concluded contracts;
1.11. You are the person purchasing from Our E-shop, referred to by legal regulations as the buyer;
1.12. The Contract is a purchase contract agreed on the basis of a duly completed Order sent via the E-shop, and is concluded when you receive an Order confirmation from Us.
2. GENERAL PROVISIONS AND INSTRUCTIONS
2.1 Kúpa Tovaru je možná len cez webové rozhranie E-shopu.
2.2 Pri nákupe Tovaru je Vašou povinnosťou poskytnúť Nám všetky informácie správne a pravdivo. Informácie, ktoré ste Nám poskytli pri objednaní Tovaru budeme teda považovať za správne a pravdivé.
3. CONCLUSION OF THE CONTRACT
3.1 The Contract with Us can only be concluded in the Slovak language.
3.2 The Contract is concluded remotely via the E-shop, and the costs of using remote communication means are paid by You. However, these costs do not differ in any way from the basic rate that You pay for the use of these means (in particular, for Internet access), so You do not have to expect any additional costs charged by Us beyond the Total Price. By submitting the Order, You agree to the use of remote communication means.
3.3 In order for Us to conclude the Contract, it is necessary for You to create a draft Order on the E-shop. This draft must include the following data:
a) Information about the purchased Goods (in the E-shop, You mark the Goods that You are interested in purchasing with the "Add to Cart" button);
b) Information about the Price, Shipping Price, VAT, payment method of the Total Price and the requested method of delivery of the Goods; this information will be entered as part of creating the Order proposal within the user environment of the E-shop, while information about the Price, Shipping Price, VAT and Total Price will be provided automatically based on the Goods you have selected and the method of their delivery;
c) Your identification data used to enable us to deliver the Goods, in particular to the extent of name, surname, delivery address, telephone number and e-mail address;
d) In the case of a Contract under which we will deliver the Goods to you regularly and repeatedly, also information about how long we will deliver the Goods to you.
3.4 During the creation of the Order proposal, you can change and check the data until the time of its creation. After performing the check by pressing the "Order with payment obligation" button, you will create the Order. Before pressing the button, you must confirm your familiarity with and agreement to these Terms and Conditions, otherwise it will not be possible to create an Order. A checkbox is used to confirm and agree. After pressing the "Order with payment obligation" button, all filled-in information will be sent directly to Us.
3.5 We will confirm your Order to you as soon as possible after it is delivered to Us by a message sent to your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. Our confirmation of the Order concludes a Contract between Us and You. The Terms and Conditions in effect on the date of the order form an integral part of the Contract.
3.6 There may also be cases where We will not be able to confirm the Order. This mainly concerns situations where the Goods are not available or cases where You order a larger number of Goods than is allowed by Us. However, We will always provide You with information about the maximum number of Goods in advance within the E-shop and should therefore not be surprising to You. If for any reason we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the Contract is concluded when you confirm Our offer.
3.7 In the event that an obviously incorrect Price is stated in the E-shop or in the Order proposal, in particular as a result of a technical error, we are not obliged to deliver the Goods to you at this Price even if you have received confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, the new Contract is concluded when you confirm Our offer. If you do not confirm Our offer within 3 days of its sending, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other sellers or a number is missing or extra.
3.8 In the event that the Contract is concluded, you are obligated to pay the Total Price.
3.9 If you have a User Account, you can place an Order through it. Even in such a case, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is identical to that of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.
3.10 In some cases, we allow you to use a discount for the purchase of Goods. To provide a discount, it is necessary for you to fill in the data about this discount in the predetermined field within the Order proposal. If you do so, the Goods will be provided to you with a discount.
4. USER ACCOUNT
4.1 You can access your User Account based on your registration in the E-shop.
4.2 When registering a User Account, it is your obligation to provide all entered data correctly and truthfully and to update it in case of change.
4.3 Access to the User Account is secured by a username and password. With regard to these access data, it is your obligation to maintain confidentiality and not to provide this data to anyone. In the event of their misuse, we do not bear any responsibility for this.
4.4 The User Account is personal and you are therefore not entitled to allow its use by third parties.
4.5 We may cancel your User Account, especially if you do not use it for more than one year or if you breach your obligations under the Agreement.
4.6 The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.
5. PRICE AND PAYMENT TERMS, RESERVATION OF TITLE
5.1 The price is always stated in the E-shop, in the Order proposal and in the Contract. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which will always be identical to the price in the Contract. The Order proposal also states the Price for shipping, or the conditions under which shipping is free.
5.2 The total price is stated including VAT, including all fees set by special legal regulations.
5.3 We will require payment of the Total Price from you after the conclusion of the Contract and before the delivery of the Goods. You can pay the Total Price in the following ways:
a) By bank transfer. We will send you information for making the payment as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 5 days.
b) By card online. In this case, payment is made via the Shoptet Pay payment gateway, and the payment is governed by the terms and conditions of this payment gateway, which are available at: https://www.shoptetpay.com/sk/vseobecne-obchodne-podmienky-sluzby-shoptet-pay/. In the case of payment by card online, the Total Price is payable within 5 days.
c) In this case, payment will be made upon delivery of the Goods versus handing over the Goods. In the case of payment by cash on delivery, the Total Price is payable upon receipt of the Goods.
d) In cash upon personal collection. It is possible to pay for the Goods in cash if they are collected at Our establishment. In the case of payment in cash if they are collected in person, the Total Price is payable upon receipt of the Goods.
5.4 The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address specified in the Order. The invoice will also be physically attached to the Goods and available in your User Account, if you have one.
5.5 Ownership of the Goods shall only pass to you after you have paid the Total Price and taken delivery of the Goods. In the case of payment by bank transfer, the Total Price shall be paid by crediting it to Our account, in other cases it shall be paid at the time of payment.
6. DELIVERY OF GOODS, TRANSFER OF RISK OF ACCIDENTAL DAMAGE AND ACCIDENTAL DETERIORATION OF THE PURCHASE OBJECT
6.1 The goods will be delivered to you in the manner of your choice, and you can choose from the following options:
a) Personal collection by arrangement at Our premises;
b) Personal collection at DPD, SPS/DHL, PACKETA delivery points;
c) Delivery via DPD, SPS/DHL, PACKETA delivery companies,
6.2 Goods can only be delivered within the EU.
6.3 We are obliged to deliver the Goods to you without delay, but no later than 30 days from the date of conclusion of the Contract. During the performance of the Contract, such facts may arise that will affect the delivery date of the Goods ordered by you. We will inform you immediately by e-mail about the change in the delivery date and the new expected delivery date of the ordered Goods, while your right to withdraw from the Contract is not affected by this. Our notification of the new delivery date of the Goods also includes Our request addressed to you to state whether you insist on the delivery of the Goods ordered by you on the new date. In the case of personal collection at the store, we will always inform you about the possibility of collecting the Goods by e-mail.
6.4 When accepting the Goods from the carrier, it is Your obligation to check the integrity of the packaging of the Goods and, in the event of any damage, immediately notify the carrier and Us. If the packaging is damaged, which indicates unauthorized manipulation and entry into the shipment, You are not obliged to accept the Goods from the carrier.
6.5 You are obliged to take delivery of the Goods at the agreed place and time. If you do not take delivery of the Goods in accordance with the previous sentence, we will notify you by e-mail where you can take delivery of the Goods, including the deadline for taking delivery, or we will deliver the Goods to you again based on your written request sent no later than 14 days from the date you were supposed to take delivery of the Goods, and you undertake to pay us all costs associated with the redelivery of the Goods. In the event that you breach your obligation to take delivery of the Goods, except in cases pursuant to Art. 6.4 of these Terms and Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, the failure to take delivery of the Goods shall not constitute withdrawal from the Contract between Us and You. If you fail to take delivery of the Goods even within an additional period, We shall have the right to withdraw from the Contract due to Your material breach of the Contract. If we decide to exercise the right in question, the withdrawal shall be effective on the date on which we deliver this withdrawal to you. Withdrawal from the Contract shall not affect the claim for compensation for damage incurred in the amount of the actual costs of attempting to deliver the Goods, or any further claim for compensation for damage, if any.
6.6 If, for reasons attributable to you, the Goods are delivered repeatedly or in a manner other than that agreed in the Contract, you are obliged to reimburse Us for the costs associated with this repeated delivery. We will send you the payment details for the payment of these costs to your e-mail address specified in the Contract and they are due within 14 days of receipt of the e-mail.
6.7 The risk of damage to the Goods passes to you at the moment you take over the Goods. In the event that you do not take over the Goods, except in cases under Art. 4 of these Terms and Conditions, the risk of accidental destruction and accidental deterioration of the Goods passes to you at the moment when you had the opportunity to take over the Goods, but for reasons on your part, the takeover did not take place. The transfer of the risk of accidental destruction and accidental deterioration of the Goods means that from that moment you bear all consequences associated with the loss, destruction, damage or any depreciation of the Goods.
7. RIGHTS FROM LIABILITY FOR DEFECTS
7.1 Introductory provision on liability for defects
7.1.1 We undertake to deliver the Goods to you in the required quality, quantity and without defects.
7.1.2 We are liable for defects that the Goods have upon receipt. In the case of used Goods, we are not liable for defects arising from their use or wear and tear. In the case of Goods sold at a lower price, we are not liable for defects for which a lower price was agreed.
7.1.3 The general warranty period is 24 months. The warranty period begins to run from the moment of receipt of the Goods from you.
7.1.4 If the Goods are exchanged, the warranty period begins to run again from the receipt of the new Goods from you.
7.1.5 Your rights from liability for defects in the Goods for which the warranty period applies will expire if you do not exercise them within the warranty period. However, you must exercise your rights under liability for defects in Goods that are subject to rapid deterioration no later than the day following purchase, otherwise your rights will lapse.
7.2 We guarantee that during the period of transfer of the risk of accidental destruction and accidental deterioration of the Goods pursuant to Article 7 of the Conditions, the Goods are free from defects, in particular that:
a) they have the properties that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected given the nature of the Goods;
b) they are suitable for the purposes that we have stated or for purposes that are usual for Goods of this type;
c) they correspond to the quality or workmanship of the agreed sample, if the quality or workmanship was determined according to the sample;
d) they are in the appropriate quantity and weight;
e) they meet the requirements imposed on them by special legal regulations;
f) they are not encumbered by the rights of third parties.
7.3 Conditions for exercising the right to liability for defects (complaints)
7.3.1 If the Goods are delivered to you in a broken or damaged package or the shipment is obviously too light, we ask you not to accept such Goods from the transport company and to notify us of this fact immediately by phone at +421908784023 or by e-mail at info@freecarp.sk. In the event of detection of obvious defects (e.g. mechanical damage), you are obliged to file a complaint without undue delay in the manner specified in point 7.4.1. below. We will not take into account any later claims due to obvious defects in the Goods, including defects consisting in the incompleteness of the Goods.
7.3.2 You are obliged to exercise the right of liability for other defects (hidden defects) in the manner specified in point 7.4.1. below without undue delay after you have discovered the defect in the Goods, but no later than the expiry of the warranty period.
7.3.3 The warranty applies only to manufacturing defects in the Goods and defects caused by mechanical damage. You cannot exercise the right to liability for defects in particular for defects caused by wear and tear, mechanical damage, use of the Goods in inappropriate conditions, etc.
7.3.4 You are not entitled to exercise the right to liability for a defect if you knew about the defect before taking over the Goods, or we warned you about it or you were given an appropriate discount on the Price of the Goods for that reason.
7.4 Exercising liability rights (complaints)
7.4.1 In the event that the Goods have a defect, in particular if any of the conditions under Art. 2 are not met, you may notify Us of such a defect and exercise your rights under liability for defects (i.e. claim the Goods) by sending an e-mail or letter to Our addresses listed in Our identification data, or in person at Our establishment. You may also use the sample form provided by Us for the claim, which forms Annex No. 1 to the Conditions.
7.4.2 In your notification in which you are claiming a claim, please provide, in particular, a description of the defect in the Goods and your identification data, including the e-mail address to which you would like to receive notification of the method of handling the claim, and also state which of the claims under liability for defects specified in points 7.5.4. to 7.5.8. you are claiming.
7.4.3 When making a complaint, please also submit to us a proof of purchase of the Goods (invoice), in order to prove its purchase from Us, otherwise we are not obliged to acknowledge your complaint.
7.4.4 We consider the day of commencement of the complaint procedure to be the day of delivery of the defective Goods together with the relevant documents (according to point 7.4.3). If your submission with which you make a complaint is incomplete (especially illegible, unclear, incomprehensible, does not contain the required documents, etc.), we will request from you in writing, especially by e-mail, to supplement the submitted complaint. In this case, the complaint procedure begins on the day of delivery of your supplemented submission.
7.4.5 If you do not supplement the submitted complaint in accordance with point 7.4.4. of this article without undue delay, no later than 10 days from the date of delivery of Our call pursuant to point 7.4.4 of this article, we will consider your submission unfounded.
7.5 Complaint handling
7.5.1 Based on your decision which of the rights under Sections 622 and 623 of Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the “Civil Code”) (specified in points 7.5.4. to 7.5.8.) you are exercising, we will determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of your complaint. In justified cases, especially if a complex technical assessment of the condition of the Goods is required, no later than 30 days from the date of your complaint.
7.5.2 After determining the method of handling the complaint, we will handle the complaint immediately, in justified cases we may handle the complaint later; however, handling the complaint may not take longer than 30 days from the date of your complaint. After the deadline for settling the complaint has expired, you have the right to withdraw from the Contract or you have the right to exchange the Goods for new goods, if possible.
7.5.3 We are obliged to issue you with a written document regarding the settlement of the complaint, no later than 30 days from the date of the complaint and we will inform you about its settlement by e-mail. If the complaint is accepted, we will send you the repaired Goods or exchange the Goods for new goods or refund the paid Price of the Goods, unless we agree otherwise.
7.5.4 If it is a defect that we can eliminate, you have the right to have the defect eliminated free of charge, in a timely manner and properly. We will eliminate the defect in the Goods without undue delay.
7.5.5 Instead of removing the defect, you may request the replacement of the Goods, or if the defect concerns only a part of the Goods, the replacement of this part, in cases where this does not incur unreasonable costs for Us in relation to the Price of the Goods or the severity of the defect.
7.5.6 Instead of removing the defect in the Goods, we may always replace the defective Goods with a perfect one, if this does not cause you serious difficulties.
7.5.7 If the defect in the Goods cannot be removed and prevents you from being able to use the Goods properly as a defect-free product, you have the right to exchange the Goods or you have the right to withdraw from the Contract. You have the same rights if the defects are removable, but you cannot use the Goods properly due to the recurrence of the defect after repair or due to a large number of defects.
7.5.8 If there are other irreparable defects, you are entitled to an appropriate discount on the Price of the Goods.
7.5.9 We will handle the complaint by handing over the repaired Goods, exchanging the Goods, refunding the Price of the Goods, paying an appropriate discount on the Price of the Goods, sending a written request to take over the performance (Goods) or by a reasoned rejection of the complaint.
7.6 The exercise of rights from liability for defects and complaints about the Goods are governed by the provisions of Section 619 et seq. of the Civil Code, Act No. 250/2007 Coll. on Consumer Protection and amending Act No. 372/1990 Coll. on Offences of the Slovak National Council, as amended (hereinafter referred to as the “Consumer Protection Act”), and Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller's premises and on amendments and supplements to certain acts, as amended (hereinafter referred to as the "Act on Consumer Protection in Distance Selling").
7.7 If you make a complaint about the Goods:
a) during the first 12 months from the purchase of the Goods, we may reject your complaint only on the basis of a professional assessment; regardless of the result of the professional assessment, we will not require you to pay the costs of the professional assessment or other costs related to the professional assessment. We will provide you with a copy of the professional assessment justifying the rejection of the complaint no later than 14 days from the date of settlement of the complaint;
b) after 12 months from the purchase and we have rejected such a complaint, we will state in the complaint settlement document to whom you can send the Goods for expert assessment. If you send the Goods for expert assessment to a designated person, the costs of the expert assessment, as well as all other related costs incurred in this regard, shall be borne by Us, regardless of the result of the expert assessment. If you prove Our liability for the defect in the Goods by means of an expert assessment, you may make a complaint again; during the performance of the expert assessment, the warranty period shall not expire. We are obliged to reimburse you within 14 days from the date of re-submission of the complaint all costs incurred for the expert assessment, as well as all related costs incurred in this regard. A re-submitted complaint cannot be rejected.
7.8 If you are an entrepreneur, it is your obligation to report and point out the defect without undue delay after you could have discovered it, but no later than within 3 days of receipt of the Goods.
7.9 If you are a consumer, you have the right to exercise liability rights for defects that occur in consumer goods within 24 months from the date of receipt of the goods.
7.10 We have hereby duly informed you of your rights arising from Section 622 and Section 623 of Act No. 40/1964 Coll. Civil Code. By concluding the Contract, you confirm that you have had the opportunity to read the conditions for claiming the goods.
8. WITHDRAWAL FROM THE CONTRACT
8.1 Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and methods specified in this article, or in other provisions of the Terms and Conditions, in which the possibility of withdrawal is expressly stated.
8.2 If you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activity, you have the right, in accordance with the provisions of Section 7 of the Act on Consumer Protection in Distance Selling, to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods. If we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run on the date of delivery of the last part of the Goods, and if we have concluded a Contract, on the basis of which we will deliver the Goods to you regularly and repeatedly, it begins to run on the date of delivery of the first delivery. You may withdraw from the Contract in any demonstrable manner (in particular by sending an e-mail or letter to Our addresses listed in Our identification data). You may also use the sample form provided by Us for withdrawal, which is Annex No. 2
8.3 However, even as a consumer, you may not withdraw from the Contract in cases where the subject of the Contract is:
a) the sale of Goods, the Price of which depends on price movements on the financial market, which We cannot influence and which may occur during the period for withdrawal from the Contract;
b) the sale of alcoholic beverages, the Price of which was agreed upon at the time of conclusion of the Contract, while their delivery can be carried out no earlier than after 30 days and their Price depends on price movements on the market, which We cannot influence;
c) sale of Goods that have been made to your specific requirements, that have been custom-made for you or Goods intended specifically for one consumer;
d) sale of Goods that are subject to rapid deterioration or spoilage and Goods that have been inseparably mixed with others after delivery;
e) sale of Goods enclosed in protective packaging that is not suitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery;
f) sale of sound recordings, video recordings, audio-visual recordings or computer software sold in protective packaging if the original packaging has been broken;
g) sale of periodicals, with the exception of sales under a subscription agreement and sale of books not supplied in protective packaging;
h) provision of electronic content, if it was not delivered on a tangible medium and was delivered with your prior express consent before the expiry of the withdrawal period from the Contract and We have notified You that You do not have the right to withdraw from the Contract.
8.4 The withdrawal period pursuant to Art. 2 of the Terms and Conditions is deemed to have been observed if You send Us a notification during it that You are withdrawing from the Contract.
8.5 In the event of withdrawal from the Contract, the Price will be refunded to You within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected in the withdrawal from the Contract. However, the amount will not be refunded before You return the Goods to Us or prove that they have been sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.
8.6 In the event of withdrawal from the Contract pursuant to Art. 2 of the Conditions, you are obliged to send the Goods to Us within 14 days of withdrawal, hand over the Goods to Us or to a person authorized by Us to take over the Goods, and you bear the costs of returning the Goods to Us. This does not apply if we agree to collect the Goods in person or through a person authorized by Us. The period is observed if the Goods were handed over for transport no later than the last day of the period. On the other hand, you are entitled to have us refund the Transport Price to you, but only in the amount corresponding to the cheapest method of delivery of the Goods that we offered for the delivery of the Goods.
8.7 You are liable for damage in cases where the Goods are damaged as a result of your handling them differently than is necessary to handle them with regard to their nature and properties. In such a case, we will invoice you for the damage caused after the Goods are returned to Us and the maturity of the invoiced amount is 14 days.
8.8 We are entitled to withdraw from the Contract due to the sale of stocks, unavailability of the Goods, or if the manufacturer, importer or supplier of the Goods agreed in the Contract has suspended production or made significant changes that have made it impossible to fulfill Our obligations under the Contract or for reasons of force majeure, or if, despite all Our efforts that can be fairly demanded of Us, We are unable to deliver the Goods to You within the period specified in these Terms. In such cases, We are obliged to inform You of this fact without undue delay and to refund You the Total Price for the Goods already paid, within 14 days from the date of notification of withdrawal from the Contract. We will refund the Total Price paid for the Goods to you in the same way as you paid the Total Price, without prejudice to the right to agree with you on another method of refund, provided that you are not charged any additional fees in connection therewith.
8.9 We are also entitled to withdraw from the Contract if you have not accepted the Goods within 5 business days from the date on which you were obliged to accept the Goods.
9. SUBMITTING SUGGESTIONS AND COMPLAINTS
9.1 As a consumer, you are entitled to submit suggestions and complaints in writing, via e-mail to: info@freecarp.sk.
9.2 We will inform you about the assessment of the suggestion or complaint by e-mail sent to your e-mail.
9.3 The supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for Trnavský krakraj, with its registered office: Pekárska 23, 917 01 Trnava, tel. no. 033/321 25 27, 033/321 25 21.
9.4 If you are not satisfied with the handling of your complaint or suggestion, you can also submit it electronically via the platform available on the website https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi.
10. ALTERNATIVE DISPUTE RESOLUTION WITH CONSUMER
10.1 You have the right to contact Us with a request for redress, by e-mail sent to: info@freecarp.sk, if you are not satisfied with the way in which we have handled your complaint or if you believe that we have violated your rights. If we respond negatively to your request or do not respond to it within 30 days of its sending, you have the right to submit a proposal to initiate alternative dispute resolution with an alternative dispute resolution entity (hereinafter referred to as the “Subject”) pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Acts, as amended (hereinafter referred to as the “Alternative Dispute Resolution Act”).
10.2 Entities are authorities and authorized legal entities pursuant to Section 3 of the Alternative Dispute Resolution Act, and their list is published on the website of the Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.
10.3 You can submit a proposal in the manner specified in Section 12 of the Alternative Dispute Resolution Act.
10.4 You also have the right to initiate an out-of-court dispute resolution online via the ODR platform available on the website https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297, https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
11. FINAL PROVISIONS
11.1 We will deliver all written correspondence with you by electronic mail. Our e-mail address is listed under Our Identification Data. We will deliver correspondence to your e-mail address listed in the Agreement, in the User Account or through which you contacted us.
11.2 The Agreement may only be amended by our written agreement. However, we are entitled to amend and supplement these Terms and Conditions, but this amendment will not affect already concluded Agreements, but only Agreements that will be concluded after the effective date of this amendment. However, we will inform you of the amendment only if you have created a User Account (so that you have this information in case you order new Goods, but the amendment does not establish the right of termination, since we do not have a concluded Agreement that could be terminated), or if we are to deliver the Goods to you regularly and repeatedly under the Agreement. We will send you information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive a termination notice from you for regular and repeated deliveries of the Goods within 14 days of sending the information about the change, the new terms and conditions will become part of our Contract and will apply to the next delivery of the Goods following the change taking effect. The notice period in the event that you give notice is 2 months.
11.3 In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational disruptions, subcontractor outages, etc.), we are not liable for damage caused as a result of or in connection with force majeure or unforeseeable events, and if this situation lasts for a period longer than 10 days, both We and You have the right to withdraw from the Contract.
11.4 The Annex to the Terms and Conditions is a sample complaint form and a sample form for withdrawal from the Contract.
11.5 The Contract, including the Terms and Conditions, is archived in electronic form by Us, but is not accessible to You. However, You will always receive these Terms and Conditions and Order confirmations with a summary of the Order by e-mail and You will therefore always have access to the Contract even without Our cooperation. We recommend that You always save the Order confirmation and the Terms and Conditions.
11.6 Our activities are not subject to any codes of conduct pursuant to Section 3, Paragraph 1, Letter n) of the Act on Consumer Protection in Distance Selling.
11.7 These Terms and Conditions shall enter into force on 25.04.2024.
ANNEX NO. 1 - COMPLAINT FORM
Addressee: [WILL BE ADDED].
Filing a complaint
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Title, first name and last name: |
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Residence address: |
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Email address: |
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Order and invoice number: |
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Order date: |
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Date of receipt of goods: |
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Goods being complained about (name and code): |
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Description and scope of defects in the goods: |
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As a customer of the seller, I request that my complaint be handled in the following manner: |
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I would like to return the money to my bank account (IBAN)/other way |
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Attachments:
Date:
Signature:
ANNEX No. 2 - FORM FOR WITHDRAWAL FROM THE CONTRACT
Addressee: [WILL BE ADDED].
I hereby declare that in accordance with Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments to certain acts, as amended (hereinafter referred to as the "Consumer Protection Act in Distance Selling"), I withdraw from the Contract:
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Title, first name and last name: |
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Residence address: |
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Email address: |
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Order and invoice number: |
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Order date: |
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Date of receipt of goods: |
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The goods I am returning (name and code): |
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Reason for returning the goods: |
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Method for returning received funds: |
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I would like to return the money to my bank account (IBAN)/other way |
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Notice to the consumer: According to Section 10, Paragraph 4 of the Act on Consumer Protection in Distance Selling, the seller is entitled to demand reimbursement from the consumer for any reduction in the value of the goods that has arisen as a result of handling the goods that goes beyond the handling necessary to determine the properties and functionality of the goods.
Date:
Signature:
