Terms and Conditions

Contents:

General Provisions
Method of Concluding the Purchase Agreement
Rights and Obligations of the Seller
Rights and Obligations of the Buyer
Delivery and Payment Terms
Purchase Price

Acquisition of Ownership and Transfer of Risk of Damage to Goods
Complaint Procedure
Personal Data and Its Protection
Withdrawal from the Purchase Agreement
Final Provisions
Alternative Dispute Resolution

1. General Provisions

The following terms and conditions govern the rights and obligations of the contracting parties arising from the purchase agreement concluded between the seller: MATMAR s.r.o., Company ID: 53 922 298, Zamatová ulica 11630/1, Nové Zámky 940 02, registered in the Commercial Register of the District Court Nitra, section: sro, file number: 54855/N (hereinafter referred to as “seller”) and the buyer. The subject of this agreement is the purchase and sale of goods on the seller’s e-commerce website.

Seller’s contact details:

MATMAR s.r.o., Company ID: 53 922 298, Zamatová ulica 11630/1, Nové Zámky 940 02, registered in the Commercial Register of the District Court Nitra, section: sro, file number: 54855/N

Tax ID: 2121525549

VAT ID: SK2121525549

Business premises: Zamatová ulica 11630/1, Nové Zámky 940 02

Phone: +421 908 430 020

Email: info@2mkhokejovekarty.sk

Supervisory authority:

Slovak Trade Inspection (SOI)

SOI Inspectorate for the Nitra Region
Staničná 9, P. O. BOX 49A, 950 50 Nitra 1
Department of Supervision
nr@soi.sk
tel. no. 037/772 02 16
fax no. 037/772 00 24

http://www.soi.sk

http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

1.1. These terms and conditions, in the version valid on the day of concluding the purchase agreement, are an integral part of the purchase agreement. In case of concluding a purchase agreement in written form, in which conditions different from these terms and conditions are agreed upon, the provisions of the purchase agreement will take precedence over these terms and conditions. Newly agreed terms must not conflict with other legal regulations (shortening the period for returning goods, warranty period, etc.)

1.2. For the purposes of these terms and conditions, a supplementary agreement means an agreement in which the buyer acquires goods or is provided a service related to the subject of the given purchase agreement, if the goods are supplied or the service is provided by the seller or a third party based on their agreement.

1.3. The displayed purchase price for goods on any e-commerce website operated by the seller includes value-added tax at the rate set by the applicable legal regulation of the Slovak Republic. It does not include the cost of transporting the goods or other optional services. All business and other promotions are valid until stocks are depleted, unless stated otherwise for the given product.

1.4. The seller has the right to adjust the selling price of goods listed on the e-commerce website or at the seller’s premises at any time. Such a change does not apply to purchase agreements concluded before the price change, regardless of whether the goods have been delivered yet.

2. Method of Concluding the Purchase Agreement

2.1. The purchase agreement is concluded based on a proposal sent by the buyer to the seller in the form of a completed and submitted form through the seller’s website, to which the buyer sent a proposal for its conclusion. The subject of the agreement is the paid transfer of ownership rights to the goods designated by the buyer for the purchase price and under the conditions stated in this order (hereinafter referred to as “order”).

2.2. After sending the order, an automatically generated message about the receipt of the order into the seller’s electronic system will be sent to the email address (hereinafter referred to as “order receipt confirmation”). If necessary, all additional information regarding the order may be sent to the buyer’s email address.

2.3. The order receipt confirmation contains information that the seller has received the order, which is not, however, an acceptance of the proposal to conclude a purchase agreement.

2.4. Subsequently, information will be sent to the buyer’s email address containing a notification of whether the buyer’s order has been accepted (hereinafter referred to as “order acceptance”). The order acceptance contains the name and specification of the goods whose sale is the subject of the purchase agreement, data on the price of goods and/or other services, information on the probable delivery time of goods, name and data on the place where the goods are to be delivered, and data on the conditions, method, price and date of transport of goods to the agreed place of delivery for the buyer, as well as data on the seller such as business name, registered office, Company ID, and similar. The notification may also contain other necessary data.

2.5. The conclusion of the purchase agreement occurs upon delivery of the order acceptance electronically or in writing.

2.6. The seller clearly, unambiguously, comprehensibly, and unmistakably informed the buyer before sending the order about the pre-contractual information regarding complaint, payment, business, transport, and other conditions as follows:

about the main characteristics of the goods or nature of the service to an extent appropriate to the used means of communication and the goods or service, informed on the relevant catalog page of the seller’s e-commerce,
about the business name and registered office of the seller, informed on the relevant subpage of the seller’s e-commerce and in Article 1 of these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the seller’s telephone number and other data that are important for the buyer’s contact with the seller, especially the electronic mail address and fax number, if available, informed on the relevant subpage of the seller’s e-commerce and in Article 1 of these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the address of the seller where the buyer can file a complaint about goods or services, submit a complaint or other suggestion, informed in Article 1 of these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the total price of goods or services including value-added tax and all other taxes, or if due to the nature of the goods or services the price cannot be reasonably determined in advance, the method of its calculation, as well as about the costs of transport, delivery, postage and other costs and fees, or if these costs and fees cannot be determined in advance, the fact that the buyer will be obliged to pay them, informed on the relevant catalog page of the seller’s e-commerce,
about the payment conditions, delivery conditions, the deadline by which the seller undertakes to deliver the goods or provide the service, information about the procedures for applying and handling complaints, complaints and suggestions of the buyer, informed in the relevant articles of these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the information on the buyer’s right to withdraw from the purchase agreement, the conditions, deadline and procedure for exercising the right to withdraw from the agreement, informed in Article 10 of these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about providing the form for withdrawal from the purchase agreement, informed in Article 10 and in the appendix of these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce; the seller also provided the actual form for withdrawal from the purchase agreement in the appendix of these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce
about the information that if the buyer withdraws from the purchase agreement, they will bear the costs associated with returning the goods to the seller according to § 10 par. 3 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the business premises of the seller and on amendments to certain laws (hereinafter referred to as “Consumer Protection Act in Distance Selling”), and if they withdraw from the purchase agreement, also the costs of returning goods that due to their nature cannot be returned by post, informed in Article 10 of these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the buyer’s obligation to pay the seller the price for actually provided performance according to § 10 par. 5 of the Consumer Protection Act in Distance Selling, if the buyer withdraws from the service agreement after giving the seller explicit consent according to § 4 par. 6 of the Consumer Protection Act in Distance Selling, informed in Article 10 of these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the circumstances under which the buyer loses the right to withdraw from the agreement, informed in Article 10 of these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the instruction on the seller’s liability for defects in goods or services according to § 622 and 623 of the Civil Code, informed in Article 8 of these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the existence and details of the warranty provided by the manufacturer or seller according to stricter principles than established by § 502 of the Civil Code, if provided by the manufacturer or seller, as well as information about the existence and conditions of assistance and services provided to the buyer after the sale of goods or provision of services, if such assistance is provided, informed on the relevant catalog page of the seller’s e-commerce and in Article 9 of these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the existence of relevant codes of conduct that the seller has committed to follow, and about the way the buyer can familiarize themselves with them or obtain their wording, informed on the relevant catalog page of the seller’s e-commerce,
about the duration of the agreement, if it is a fixed-term agreement; if it is an open-ended agreement or an agreement whose validity is automatically extended, also information about the conditions for terminating the agreement, informed on the relevant catalog page of the seller’s e-commerce and in these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the minimum duration of the buyer’s obligations arising from the purchase agreement, if such an obligation for the buyer arises from the purchase agreement, informed on the relevant catalog page of the seller’s e-commerce and in these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the buyer’s obligation to pay a deposit or provide other financial security at the request of the seller and about the conditions that apply to its provision, if such an obligation for the buyer arises from the purchase agreement, informed on the relevant catalog page of the seller’s e-commerce and in these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the functionality, including applicable technical protection measures to ensure electronic content, if appropriate, informed on the relevant catalog page of the seller’s e-commerce and in these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the compatibility of electronic content with hardware and software that the seller knows about or can reasonably expect to know about, if appropriate, informed on the relevant catalog page of the seller’s e-commerce and in these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the possibility and conditions of resolving a dispute out of court through an alternative dispute resolution system, if the seller has committed to use this system, informed on the relevant catalog page of the seller’s e-commerce and in these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the necessary steps to conclude the purchase agreement so that these necessary steps are described in these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,
about the fact that the purchase agreement will be stored in electronic form with the seller and is available to the buyer after they request it in writing, informed on the relevant catalog page of the seller’s e-commerce and in these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce,

about the fact that the language offered for concluding the agreement is Slovak, informed on the relevant catalog page of the seller’s e-commerce and in these terms and conditions, which are located on the relevant subpage of the seller’s e-commerce.

2.7. If the seller has not fulfilled their information obligation according to point 2.6. letter e) of these terms and conditions, the buyer is not obliged to pay these additional costs or fees.

3. Rights and Obligations of the Seller

3.1. The seller is obliged to:

a) in case of confirming the order in the form of acceptance, the seller is obliged to deliver the goods to the buyer in the agreed quantity, quality, and time, and to pack them and secure transport in a way necessary for their preservation and protection,
b) ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic,
c) send confirmation of the conclusion of the purchase agreement on a durable medium, such as via email. The confirmation must be sent without delay and must contain all the information specified in 2.6. including the form for withdrawal from the purchase agreement.
d) hand over to the buyer, no later than together with the goods, in electronic or written form all the necessary documents for the acceptance and use of the purchased goods, as well as other documents prescribed by the valid legal regulations of the Slovak Republic, such as instructions in Slovak, delivery note, warranty certificate, and tax document.

3.2. The seller has the right to proper and timely payment of the purchase price by the buyer for the delivered goods.

3.3. In case of unavailability of goods or if the stock is sold out, the seller is unable to deliver the goods to the buyer within the time agreed in the purchase agreement, specified by these terms and conditions, or for the agreed purchase price, the seller is obliged to offer the buyer a substitute performance or the possibility for the buyer to withdraw from the purchase agreement (cancel the order). The buyer can withdraw from the purchase agreement or cancel the order by sending an email. If the purchase price has been paid by the buyer or part of it, the seller is obliged to return all payments, i.e., the already paid purchase price or its part, including costs for transport, delivery and postage, and other costs and fees within 14 days from the day of delivery of the email about withdrawal from the purchase agreement or cancellation of the order to the buyer to the account specified by them, unless the contracting parties agree otherwise. If the buyer does not accept the substitute performance offered by the seller and does not withdraw from the purchase agreement, the seller is entitled to withdraw from the purchase agreement. If the purchase price has been paid by the buyer or part of it, the seller is obliged to return the already paid purchase price or its part within 14 days from the day of delivery of the withdrawal from the purchase agreement to the buyer.

4. Rights and Obligations of the Buyer

4.1. The seller has informed the buyer about the obligation to pay the purchase price. This obligation is part of the order.

4.2. Rights of the buyer: The buyer has the right to delivery of goods in the quantity, quality, time and place agreed by the contracting parties.

4.3. Obligations of the buyer:

a) pay the agreed purchase price to the seller within the agreed payment term, including costs for delivery of the ordered goods,
b) take over the goods that were ordered and delivered
c) confirm the receipt of goods in the delivery note with their signature, or the signature of a person authorized by them.

5. Delivery and Payment Terms

5.1. Each product on the e-commerce website indicates its typical availability and dispatch date.

5.2. The seller is obliged to deliver the goods to the buyer without undue delay, no later than 30 days from the date of concluding the purchase agreement, unless otherwise agreed in the purchase agreement. If the seller fails to fulfill this obligation, the buyer may request them to deliver the goods within a reasonable additional period specified by the buyer. If the goods are not delivered even within this additional reasonable period, the buyer is entitled to withdraw from the contract.

5.3. The seller is entitled to request the buyer to accept the goods even before the expiry of the delivery period agreed upon in the purchase agreement.

5.4. The buyer’s obligation is to receive the goods at the agreed place, according to the purchase agreement or by other means at the time before the delivery of the goods (hereinafter referred to as “place”). The buyer is obliged to receive the goods within the time frame agreed upon between the seller or their representative authorized to deliver the goods and the buyer in the purchase agreement or by other means before the delivery of the goods (hereinafter referred to as “Time frame“).

5.5. If the seller delivers the goods to the buyer at the specified location and within the agreed timeframe, it is the buyer’s obligation to accept the goods personally or to ensure that the goods are accepted by a person authorized by the buyer. The buyer is obliged to sign a protocol confirming payment of the purchase price, delivery, and handover of the goods. It is the duty of a third party authorized to accept the goods to present the seller with a copy of the order acceptance. The goods are considered delivered at the moment they are delivered to the buyer. Delivery of goods to the buyer means the delivery of goods to the Location, their acceptance by the buyer or a third party authorized by the buyer, and the signing of a protocol confirming payment of the purchase price, delivery, and handover of the goods by the buyer or a third party authorized by the buyer.

5.6. Should redelivery of goods be necessary due to the buyer’s absence at the specified location and within the agreed timeframe, or if the buyer fails to accept the goods within 7 days after the expiration of the timeframe, without prior written withdrawal from the purchase agreement, the seller is entitled to claim compensation for actual costs incurred due to damages from an unsuccessful attempt to deliver the goods to the location.

5.7. It is the buyer’s obligation to inspect the received shipment, the packaging, and the goods themselves immediately upon delivery in the presence of the seller’s representative, such as a courier. If a defect in the goods is found, it is the seller’s representative’s duty to allow the buyer to create a record of the nature and extent of the defect, the accuracy of which will be confirmed by the seller’s representative. With such a record, delivered to the seller, the buyer may refuse to accept the delivered goods with a defect or confirm the delivery of goods with a defect and subsequently, in accordance with Article 8 of these terms and conditions and complaint policy, file a complaint regarding the defects of the goods with the seller or a person designated by the seller. If the buyer refuses to accept the delivered goods with defects, all reasonably incurred costs for returning the goods to the seller shall be borne by the seller.

5.8. In case of non-delivery of goods by the seller, the buyer is entitled, within the period specified in point 5.2. of these terms and conditions, to withdraw from the purchase agreement, and the seller is obliged to refund the buyer the already paid purchase price or a part thereof within 14 days from the moment the withdrawal from the purchase agreement is delivered. The funds will be transferred to the bank account specified by the buyer.

6. Purchase Price

6.1. The purchase price for the goods, agreed upon in the purchase agreement between the buyer and the seller, is stated in the order acceptance (hereinafter referred to as the “purchase price”). If the purchase price stated in the order delivery confirmation is higher than the price for the identical goods listed in the e-shop offer at the time the buyer submitted the order, the seller will send the buyer an electronic message with information about a new purchase price offer of a different amount, which is considered the seller’s proposal for concluding a new purchase agreement, and which the buyer must explicitly confirm by email or in writing for a valid purchase agreement to be concluded.

6.2. The buyer is obliged to pay the seller the purchase price, including delivery costs, in cash or by payment card upon personal collection of the goods, by cash on delivery at the place of delivery, or by bank transfer to the seller’s account, as stated in the order acceptance or on the seller’s website, prior to taking possession of the goods.

6.3. When the purchase price is paid by bank transfer to the seller’s account, the payment date is considered the moment the entire purchase price is credited to the seller’s account.

6.4. It is the buyer’s obligation to pay the seller the purchase price for the agreed goods within the period specified in the purchase agreement, but no later than upon receipt of the goods.

6.5. The seller is entitled to refuse delivery of goods to the buyer if the buyer does not pay the seller the full purchase price by the time of delivery to the Location, and the contracting parties have not agreed on payment of the purchase price for the goods in installments.

6.6. Assembly, carrying of goods, and related costs 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. The buyer acquires ownership of the goods only upon full payment of the purchase price for the goods.

7.2. At the moment the goods are accepted by the buyer or a third party authorized by the buyer from the seller or their representative, entrusted with delivering the goods, or if they fail to do so in time, then at the time the seller enables the buyer to dispose of the goods and the buyer does not accept the goods, the risk of damage to the goods passes to them.

8. Complaint Procedure (warranty, liability for defects, complaints)

8.1. The buyer has the right to free, timely, and proper removal of a defect if it’s a removable defect of the goods. The seller is obliged to remove the defect without undue delay.

8.2. Instead of removing the defect, the buyer may request an exchange of goods, or if the defect concerns only a certain part of the goods, an exchange of this part, unless this causes disproportionate costs to the seller in relation to the price of the goods or the severity of the defect.

8.3. The seller can always exchange defective goods for goods without defects, as long as it doesn’t cause serious difficulties for the buyer.

8.4. If it’s a defect in the goods that cannot be removed and which prevents the goods from being properly used as a defect-free item, the buyer has the right to exchange the goods or to withdraw from the purchase contract. The same rights apply to the buyer if these are removable defects, but the buyer cannot properly use the goods due to the recurrence of the defect after repair or due to a larger number of defects.

8.5. In the case of other non-removable defects, the buyer has the right to a reasonable discount on the price of the goods.

8.6. The seller has instructed the buyer about their rights arising from § 622 of the Civil Code (points 8.1. to 8.3. of these terms and conditions) and rights arising from § 623 of the Civil Code (points 8.4. to 8.5. of these terms and conditions) by placing these terms and conditions on the relevant subpage of the seller’s e-shop, and the buyer had the opportunity to read them before sending the order.

8.7. The buyer is obliged to make a complaint to the seller or designated person. The seller is responsible for defects in goods in accordance with the valid legal regulations of the Slovak Republic. Information about service locations and designated persons for warranty and post-warranty service will be provided by the seller to the buyer on the back of the warranty card or upon request by phone or email.

8.8. The valid complaint procedure of the seller, i.e. Article 8. these terms and conditions and complaint policy. The buyer has been duly informed of the complaint procedure and the conditions and method of claiming goods, including information on where to file a complaint, and on the performance of warranty repairs in accordance with Section 18, Paragraph 1 of Act No. 250/2007 Coll. on Consumer Protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on Offenses as amended (hereinafter referred to as the “Act”) at the time before concluding the purchase agreement, by placing these terms and conditions and complaint policy on the relevant subpage of the seller’s e-shop, and the buyer had the opportunity to read them before submitting the order.

8.9. The complaint procedure applies to goods purchased by the buyer from the seller in the form of electronic commerce on the seller’s e-shop website.

8.10. If the goods show defects for which the manufacturer, supplier or seller is responsible, are covered by warranty and were purchased from the seller, the buyer has the right to claim liability for defects of the goods from the seller.

8.11. If the goods show defects, the buyer has the right to make a complaint at the seller’s establishment in accordance with § 18 par. 2 of the Act by delivering the goods to the seller’s establishment and delivering to the seller the buyer’s expression of will to exercise their right under points 8.1. to 8.5. of these terms and conditions (hereinafter referred to as “Notification of Complaint”), e.g. in the form of a completed complaint form, which is located on the relevant subpage of the seller’s e-shop. The seller recommends insuring the goods when sending them for complaint. The seller does not accept cash on delivery shipments. In the Notification of Complaint, the buyer is obliged to truthfully state all required information, especially to accurately identify the type and extent of the defect of the goods; the buyer also states which of their rights arising from § 622 and 633 of the Civil Code they are exercising. The buyer has the right to make a complaint also with a person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as “designated person”). The list of designated persons is stated in the warranty card or will be sent to the buyer upon request by the seller.

8.12. The complaint procedure concerning goods that can be delivered to the seller begins on the day when all of the following conditions are cumulatively met:

a) delivery of the Notification of Complaint from the buyer to the seller
b) delivery of the complained goods from the buyer to the seller or to a designated person
c) delivery of access codes, passwords, etc. for the complained goods to the seller, if these data are necessary for proper handling of the complaint

8.13. If the subject of the complaint is goods that cannot be objectively delivered to the seller or which are permanently installed, the buyer is, in addition to meeting the conditions according to points 8.12 a) and c) of these terms and conditions, obliged to provide all necessary cooperation for the inspection of the complained goods by the seller or a third party designated by the seller. The complaint procedure concerning goods that cannot be objectively delivered to the seller or which are permanently installed begins on the day when the inspection of the goods was carried out according to the first sentence. However, if the seller or a third party designated by them, despite the necessary cooperation provided by the buyer, does not ensure the inspection within a reasonable time, but no later than 10 days from the delivery of the Notification of Complaint to the seller, the complaint procedure begins on the day of delivery of the Notification of Complaint to the seller.

8.14. The seller or designated person will issue to the buyer a confirmation of the complaint of goods in a suitable form chosen by the seller, e.g. in the form of an email or in written form, in which they are obliged to accurately identify the complained defects of the goods and once again instruct the consumer about their rights arising from points 8.1. to 8.3. of these terms and conditions (§ 622 of the Civil Code) and rights arising from points 8.4. to 8.5. of these terms and conditions (§ 623 of the Civil Code). If the complaint is made through means of distance communication, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of complaint settlement; confirmation of the complaint does not need to be delivered if the buyer has the opportunity to prove the complaint in another way.

8.15. The buyer is entitled to decide which of their rights under § 622 and § 623 of the Civil Code they exercise and at the same time is obliged to immediately deliver information about their decision to the seller. Based on the buyer’s decision, which of their rights under § 622 and § 623 of the Civil Code they exercise, the seller or designated person is obliged to determine the method of handling the complaint according to § 2 letter m) of the Act immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the date of delivery of the complained goods. After determining the method of handling the complaint, the seller or designated person will handle the complaint immediately, in justified cases the complaint can be handled later. However, the handling of the complaint must not take longer than 30 days from the date of the complaint. If the seller receives the subject of the complaint on a later day than the day of the complaint, the deadlines for handling the complaint according to this paragraph start to run from the day of receipt of the subject of the complaint by the seller; at the latest, however, from the moment when the seller makes it impossible or prevents the receipt of the subject of the complaint. After the expiration of the deadline for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.

8.16. If the buyer made a complaint about the goods during the first 12 months from the conclusion of the purchase contract, the seller can handle the complaint by rejection only on the basis of an expert’s statement or a statement issued by an authorized, notified or accredited person or a statement of a designated person (hereinafter referred to as “expert assessment of goods”). Regardless of the result of the expert assessment, the seller cannot require the buyer to pay for the expert assessment of the goods or other costs related to the expert assessment of the goods.

8.17. If the buyer made a complaint about the product after 12 months from the conclusion of the purchase contract and the seller rejected it, the person who handled the complaint is obliged to state in the proof of complaint settlement to whom the buyer can send the goods for expert assessment. If the buyer sends the goods for expert assessment to the designated person stated in the proof of complaint settlement, the costs of expert assessment of the goods, as well as all other related reasonably incurred costs, shall be borne by the seller regardless of the result of the expert assessment. If the buyer proves the seller’s responsibility for the complained defect of the goods by expert assessment, they can make the complaint again; during the expert assessment of the goods, the warranty period does not run. The seller is obliged to reimburse the buyer within 14 days from the day of the re-made complaint all costs incurred for the expert assessment of the goods, as well as all related reasonably incurred costs. The re-made complaint cannot be rejected.

8.18. The buyer does not have the right to claim liability for defects of which the seller informed them at the time of concluding the contract, or of which, taking into account the circumstances under which the purchase contract was concluded, they must have known.

8.19. The seller reserves the right to replace defective goods with other defect-free goods with the same or better technical parameters, if this does not cause serious difficulties for the buyer.

8.20. The seller is not responsible for defects in goods:

if it is an obvious defect that the buyer could have detected by checking the shipment upon delivery of the goods and which they did not report to the seller’s representative in accordance with point 5.8. of these terms and conditions,
if the buyer did not exercise their right regarding the seller’s liability for a defect in the goods before the end of the warranty period of the goods,
if the defect of the goods is mechanical damage caused by the buyer,
if the defect of the goods was caused by using the goods in conditions that do not correspond in their intensity, humidity, chemical and mechanical influences to the natural environment of the goods,
if the defect of the goods was caused by unprofessional handling, operation, or neglect of care for the goods,
if the defect of the goods was caused by damage to the goods by excessive loading, or use contrary to the conditions stated in the documentation or general principles of usual use of the goods,
if the defect of the goods was caused by damage to the goods by unavoidable and/or unforeseeable events,
if the defect of the goods was caused by damage to the goods by accidental destruction and accidental deterioration,
if the defect of the goods was caused by unprofessional intervention, damage by water, fire, static or atmospheric electricity or other force majeure intervention,
if the defect of the goods was caused by intervention in the goods by an unauthorized person.

8.21. The seller’s obligation is to handle the complaint and end the complaint procedure in one of the following ways:

a) by exchanging the goods,
b) by returning the purchase price of the goods,
c) by handing over the repaired goods,
d) by paying a reasonable discount on the price of the goods,
e) by a written call to take over the performance determined by the seller,
f) by justified rejection of the complaint of goods.

8.22. The seller is obliged to issue a written document about the method of determining the handling of the complaint and about the handling of the complaint to the buyer no later than 30 days from the date of the complaint in person, through a postal or courier or delivery service provider. The seller will inform the buyer about the result of the complaint handling immediately after the end of the complaint procedure by phone or e-mail and at the same time will deliver to them, together with the goods or via e-mail, a document on the handling of the complaint.

8.23. The warranty period is 24 months from the delivery of the goods, unless a different warranty period is set for specific cases. Shipped sports nutrition products, food in gift baskets and animal feed have a minimum durability period of more than 2 months before the expiration date, in case of a shorter expiration date, the seller contacts the buyer by phone or e-mail and the shipment is sent only with the buyer’s consent.

8.24. In case of warranty repair of goods, the warranty period is extended by the time during which the buyer could not use the goods.

8.25. In case of exchange of goods for new ones, the warranty period will start running again from the receipt of the new goods, but only for the new goods. In case of exchange of goods for new ones, the buyer will receive a document stating information about the exchange of goods, and any further complaints are made on the basis of the purchase contract and this complaint document.

8.26. In case of a removable defect, the complaint will be handled according to the buyer’s decision according to point 8.15. of these terms and conditions in the following way:

a) the seller will exchange the defective goods or
b) the seller will ensure the removal of the defect

8.27. If it is a removable defect and the buyer does not immediately determine according to point 8.15. of these terms and conditions how the complaint should be handled, the seller will handle the complaint by removing the defect.

8.28. If it is a defect that cannot be removed, or a repeatedly occurring removable defect, or a larger number of different removable defects that prevent the goods from being properly used as without defect, the seller will handle the complaint depending on the buyer’s decision according to point 8.15. of these terms and conditions in the following way:

by exchanging the goods for other functional goods of the same or better technical parameters, or
in case the seller cannot exchange the goods for others, they will handle the complaint by returning the purchase price for the goods.

8.29. In case of an irremovable defect or repeatedly occurring removable defect, or if it is a larger number of different removable defects that prevent proper use of the goods as without defect and the buyer does not immediately determine according to point 8.15. of these terms and conditions how the complaint should be handled, the seller will handle the complaint by exchanging the goods for other functional goods of the same or better technical parameters.

8.30. The handling of the complaint applies only to defects stated in the Notification of Complaint and in the confirmation of the complaint of goods according to point 8.14. of these terms and conditions.

8.31. For the purposes of the complaint, a repeatedly occurring removable defect is considered to be the occurrence of one removable defect more than twice.

8.32. For the purposes of the complaint, a larger number of different removable defects is considered to be the occurrence of more than three different removable defects simultaneously.

8.33. The buyer’s right to claim a defect in the goods is consumed after they have exercised their right and asked the seller to remove the defect in the goods according to point 8.1. of these terms and conditions, and regardless of the result of the complaint, they are no longer entitled to make a complaint repeatedly for the same unique defect (not a defect of the same type).

8.34. The provisions of Article 8 of these terms and conditions expressly do not apply to entities that do not meet the definition of a consumer stated in § 2 letter a) of Act 102/2014.

9.1. Personal Data and its Protection

The contracting parties have agreed that if the buyer is a natural person, they are obliged to provide the seller with their first name and surname, permanent address including postal code, telephone number, and email address in the order.
The contracting parties have agreed that if the buyer is a legal entity, they are obliged to provide the seller with their business name, registered office address including postal code, company ID (IČO), telephone number, and email address in the order.
The buyer can check and change their provided personal data at any time after logging into the e-shop website in the “My Account” section. If you wish to cancel your registration, please contact us at info@2mkhokejovekarty.sk.
The seller hereby informs the buyer that, in accordance with Act No. 18/2018 Coll. on Personal Data Protection and on the amendment and supplementation of certain acts as amended (hereinafter referred to as the “GDPR Act”), the seller, as the operator, will process the buyer’s personal data during the process of concluding the purchase agreement without their consent as the data subject, as the processing of the buyer’s personal data will be carried out by the seller in pre-contractual relations with the buyer, and the processing of the buyer’s personal data is necessary for the fulfillment of the purchase agreement, in which the buyer acts as one of the contracting parties.
By checking the appropriate box before submitting the order, the buyer may express their consent, in accordance with the GDPR Act, for the seller to process and store their personal data, especially those mentioned above and/or those necessary for the seller’s activities related to sending information about new products, discounts, and promotions on offered goods, and to process them in all its information systems related to sending information about new products, discounts, and promotions on offered goods.
The seller undertakes to handle and manage the buyer’s personal data in accordance with the valid legal regulations of the Slovak Republic.
The seller declares that, in accordance with the GDPR Act, personal data will be acquired solely for the purpose stated in these terms and conditions and complaint policy.
The seller declares that, in accordance with the GDPR Act, personal data will be acquired for purposes other than those specifically stated in these terms and conditions and complaint policy, and will ensure that personal data is processed and used exclusively in a manner consistent with the purpose for which it was collected, and that it will not be combined with personal data obtained for other purposes.
The buyer grants the seller consent according to point 9.5. of these complaint and business terms and conditions for a definite period until the purpose of processing the buyer’s personal data is fulfilled. Upon fulfillment of the processing purpose, the seller will immediately ensure the destruction of the buyer’s personal data. The buyer may withdraw consent to personal data processing at any time in writing. Consent will expire within 1 month from the date the buyer’s withdrawal of consent is delivered to the seller.
Before submitting the order, the buyer will be prompted to confirm by checking a box that the seller has informed them in a sufficient, clear, and unambiguous manner of the following:

their identification data, as stated in Article 1. of these terms and conditions and complaint policy,
the identification data of the third party, which is the company that will deliver the ordered goods to the buyer, such that these data are specified in the acceptance,
the purpose of personal data processing, which is the conclusion of a purchase agreement between the seller and the buyer,
that it will process the buyer’s personal data to the extent of first name and surname, permanent address including postal code, telephone number, and email address if the buyer is a natural person, and to the extent of business name, registered office address including postal code, company ID (IČO), telephone number, and email address if the buyer is a legal entity,
that the buyer is obliged to provide the requested personal data,

The seller declares that it will process personal data in accordance with good morals and will act in a manner that does not contradict the GDPR Act or other generally binding legal regulations, nor will it circumvent them. The seller declares that it will not coerce the data subject’s consent or condition it with the threat of refusing a contractual relationship, service, goods, or an obligation imposed on the seller.
The buyer has the right, based on a written request, to demand from the seller

confirmation of whether or not personal data concerning them is being processed,
the purpose of personal data processing,
information in a generally understandable form about the processing of their personal data in the information system and its status, to the extent of:
1. identification data of the seller and the seller’s representative, if appointed,
2. identification data of the intermediary; this does not apply if the seller does not proceed according to Section 34 of the GDPR Act when obtaining personal data,
precise information in a generally understandable form about the source from which their personal data was obtained for processing,
a copy in a generally understandable form of their personal data that is subject to processing,
additional information that, considering all circumstances and conditions of personal data processing, is necessary for the buyer to guarantee their rights and legally protected interests, especially to the extent of
1. instruction on the voluntary or mandatory nature of providing the requested personal data; if the seller obtains the buyer’s personal data based on the buyer’s consent according to the GDPR Act, they will also inform them of the validity period of the consent, and if the buyer’s obligation to provide personal data arises from a directly enforceable legally binding act of the European Union, an international treaty by which the Slovak Republic is bound, or a law, the seller will inform the buyer of the legal basis imposing this obligation and notify them of the consequences of refusing to provide personal data,
2. information about third parties, if it is assumed or evident that personal data will be provided to them,

the range of recipients, if it is assumed or evident that personal data will be made accessible to them,

the form of disclosure, if personal data is to be published,
third countries, if it is assumed or evident that personal data will be transferred to these countries,

the correction of their incorrect, incomplete, or outdated personal data that is subject to processing,
the destruction of their personal data if the purpose of its processing has been fulfilled; if official documents containing personal data are subject to processing, they may request their return,
the destruction of their personal data that is subject to processing if the GDPR Act or other valid legal regulation of the Slovak Republic has been violated.

The buyer has the right, based on a free written request, to object to the seller regarding:

the processing of their personal data which they assume is or will be processed for direct marketing purposes without their consent, and to request its destruction,
the use of personal data specified in Section 31 for direct marketing purposes via postal mail, or
the provision of personal data specified in Section 31 for direct marketing purposes.

Based on a free written request, the buyer has the right to object to the seller regarding the processing of personal data in cases according to Section 31 of the GDPR Act by stating legitimate reasons or by submitting evidence of unauthorized interference with their rights and legally protected interests, which are or may be harmed in a specific case by such personal data processing; if there are no legal obstacles and it is proven that the buyer’s objection is legitimate, the seller is obliged to block and destroy the personal data whose processing the buyer objected to without undue delay, as soon as circumstances permit.
The buyer, based on a written request or in person if the matter cannot be delayed, further has the right to object to the seller at any time and not to be subject to a decision by the seller that would have legal effects or significant impact on them, if such a decision is issued solely based on automated processing of their personal data. The buyer has the right to request the seller to review the issued decision using a method different from automated processing, and the seller is obliged to comply with the buyer’s request, such that an authorized person will have the decisive role in reviewing the decision; the seller will inform the buyer about the method of review and the result of the findings within the period according to paragraph 18. of these Terms and Conditions. The buyer does not have this right only if a special law provides for measures to secure the buyer’s legitimate interests, or if, within pre-contractual relations or during the existence of contractual relations, the seller issued a decision that complied with the buyer’s request, or if the seller, based on the agreement, took other appropriate measures to secure the buyer’s legitimate interests.
If the buyer exercises their right in writing and the content of their request indicates that they are exercising their right, the request is considered submitted under this Act; a request submitted by email or fax must be delivered by the buyer in writing no later than three days from the date of its dispatch.
If the buyer suspects that their personal data is being processed unlawfully, they may file a notification with the Office for Personal Data Protection. If the buyer does not have full legal capacity, their rights may be exercised by a legal representative.
The seller is obliged to process the buyer’s request in writing according to this Article of these terms and conditions and complaint policy, or to comply with the buyer’s requirements according to the GDPR Act, and to inform them in writing no later than 30 days from the receipt of the request or requirement.
The seller will immediately inform the data subject and the Office for Personal Data Protection in writing of any restriction of the buyer’s rights according to the GDPR Act.
The seller hereby informs the buyer that, in accordance with the GDPR Act, when processing the buyer’s personal data, it is assumed that the buyer’s personal data will be provided and made accessible to the following third parties or categories of recipients:

Slovenská pošta, a. s., with its registered office at Partizánska cesta 9, 975 99 Banská Bystrica, Company ID (IČO): 36631124, registered in the Commercial Register of the District Court Banská Bystrica, Section: Sa, Entry No. 803/S

Packeta Slovakia s. r. o., with its registered office at Kopčianska 3338/82A, 851 01 Bratislava – Petržalka borough, Company ID (IČO): 48136999, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Entry No. 105158/B

10. Withdrawal from the Purchase Agreement

10.1. If the seller is unable to fulfill their obligations arising from the purchase agreement due to stock depletion, product unavailability, or if the manufacturer, importer, or supplier of the goods agreed upon in the purchase agreement has discontinued production or made such significant changes that prevent the seller from fulfilling their obligations under the purchase agreement, or due to force majeure, or if despite all reasonable efforts, the seller is unable to deliver the goods to the customer within the timeframe specified in these terms and conditions or at the price stated in the order, the seller is obliged to immediately inform the buyer of this fact and is also obliged to offer the buyer alternative fulfillment or the option for the buyer to withdraw from the purchase agreement (cancel the order). If the buyer withdraws from the purchase agreement for reasons stated in this section of these complaint and business terms, the seller is obliged to return to the buyer any advance payment already made for the goods agreed upon in the purchase agreement within 14 days of the notification of withdrawal from the agreement by transfer to an account specified by the buyer.

10.2. The buyer is entitled to withdraw from the purchase agreement without giving a reason in accordance with § 7 and subsequent sections of Act No. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as the “Consumer Protection Act in Distance Selling”) within 14 days of receiving the goods, or from the day of concluding the contract for the provision of services or the contract for the provision of electronic content not supplied on a tangible medium, if the seller has fulfilled their information obligations under § 3 of the Consumer Protection Act in Distance Selling in a timely and proper manner.

10.3. Within this period after receiving the goods, the buyer has the right to unpack and test the goods in a manner similar to what is usual when shopping in a traditional “brick-and-mortar” store, to the extent necessary to determine the nature, characteristics, and functionality of the goods.

10.4. The start of the withdrawal period is set for the day on which the buyer or a third party designated by the buyer, other than the carrier, takes possession of all parts of the ordered goods, or if

a) the goods consist of multiple parts or pieces, from the day of taking possession of the last part or the last piece,
b) goods ordered by the buyer in one order are delivered separately, from the day of taking possession of the goods that were delivered last,
c) under the contract, goods are delivered repeatedly during a defined period, from the day of taking possession of the first delivered goods.

10.5. The buyer may withdraw from the purchase agreement, the subject of which is the purchase of goods, even before the start of the withdrawal period.

10.6. Withdrawal from the agreement requires written form, in a manner that does not raise doubts that the withdrawal from the agreement was made in error, or in the form of a record on another durable medium, or using the form that constitutes Appendix No. 1 of these business and complaint terms. The withdrawal period is considered to be observed if the notice of withdrawal from the agreement was sent to the seller no later than on the last day of the period according to § 7 paragraph 1 of the Consumer Protection Act in Distance Selling.

10.7. Withdrawal from the purchase agreement according to the previous point of these business and complaint terms must contain the information required in the withdrawal form from the purchase agreement, which forms Appendix No. 1 of these business and complaint terms, especially the identification of the buyer, order number and date, precise specification of the goods, the method by which the seller should return the already received performance, especially the account number and/or postal address of the buyer.

10.8. In the case of withdrawal from the purchase agreement by the buyer, any supplementary agreement related to the purchase agreement from which the buyer has withdrawn is also canceled from the beginning. It is not possible to require from the buyer any costs or other payments related to the cancellation of the supplementary agreement, except for the reimbursement of costs and payments mentioned in § 9 paragraph 3, § 10 paragraphs 3 and 5 of the Consumer Protection Act in Distance Selling and the price for the service, if the subject of the contract is the provision of a service and the service has been fully provided.

10.9. Within 14 days from the day of withdrawal from the purchase agreement, the buyer is obliged to send the goods back without undue delay to the address of the operator’s headquarters or hand them over to the seller or a person authorized by the seller to receive the goods. This does not apply if the seller has proposed to collect the goods personally or through a person authorized by them. The deadline according to the first sentence of this point of these business and complaint terms is considered to be met if the goods were handed over for transport no later than on the last day of the deadline.

10.10. The buyer is obliged to deliver the goods to the seller complete, including complete documentation, undamaged, if possible in the original packaging, and unused.

10.11. Cash on delivery shipments will not be accepted by the seller. It is recommended to insure the goods. The seller is obliged to return to the buyer all payments received from them based on the purchase agreement or in connection with it, including costs for transport, delivery, and postage and other costs and fees, without undue delay, no later than 14 days from the day of delivery of the notice of withdrawal from the agreement. The seller is not obliged to return payments to the buyer according to this point of these business and complaint terms before the goods are delivered to them or until the buyer proves that they have sent the goods back to the seller, unless the seller proposes to collect the goods personally or through a person authorized by them.

10.12. The costs for returning the goods to the seller are borne by the buyer. The goods are returned directly to the seller or to a person authorized by the seller to receive the goods. This does not apply if the seller has agreed to bear these costs themselves or if they have failed to fulfill their obligation under § 3 paragraph 1 letter i) of the Consumer Protection Act in Distance Selling.

10.13. The buyer is only responsible for the reduction in the value of the goods resulting from handling the goods in a way that goes beyond the handling necessary to determine the characteristics and functionality of the goods. The consumer is not responsible for the reduction in the value of the goods if the seller has failed to fulfill their information obligation regarding the consumer’s right to withdraw from the agreement according to § 3 paragraph 1 letter h) of the Consumer Protection Act in Distance Selling.

10.14. The seller is obliged to return the purchase price for the goods to the buyer in the same way as the buyer used for their payment, unless agreed otherwise with the buyer on a different method of returning payments without charging the buyer any additional fees in this regard.

10.15. In case the buyer withdraws from the agreement and delivers to the seller goods that are used, damaged, or incomplete, the buyer agrees to pay the seller:

the value by which the value of the goods has decreased in accordance with § 457 of the Civil Code in the actual amount
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 out-of-warranty service of the goods

The buyer is obliged, in accordance with this point of the complaint and business terms, to pay the seller compensation up to the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase agreement.

10.16. In accordance with § 7 paragraph 6 of the Consumer Protection Act in Distance Selling, the buyer cannot withdraw from an agreement whose subject is:

the sale of goods made according to special requirements of the consumer, custom-made goods, or goods intended specifically for one consumer,
the sale of goods sealed in protective packaging that is not suitable to be returned for health protection or hygiene reasons and whose protective packaging has been broken after delivery,
the sale of audio recordings, visual recordings, audio-visual recordings, books, or computer software sold in protective packaging if the consumer has opened this packaging,
the provision of electronic content other than on a tangible medium, if its provision has begun with the express consent of the consumer and the consumer has declared that they have been duly informed that by expressing this consent they lose the right to withdraw from the agreement.
the sale of goods that were, at the time after the conclusion of the agreement and receipt of the goods from the seller by the buyer, assembled, put together, or used in such a way that their restoration to the original condition by the seller is not possible without increased effort and increased costs, e.g., assembled or mounted furniture, etc.

10.17. The provisions of Article 10 of these business and complaint terms expressly do not apply to entities that do not meet the definition of a consumer given in § 2 letter a) of the Act.

11. Final Provisions

11.1. If the purchase agreement is concluded in written form, any amendment to it must also be in written form.

11.2. The contracting parties have agreed that communication between them will be conducted via email messages.

11.3. Relations not regulated by these terms and conditions and complaint policy are governed by the relevant provisions of the Civil Code, the Act, Act No. 22/2004 Coll. on Electronic Commerce and on the amendment and supplementation of Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on the amendment and supplementation of certain acts as amended by Act No. 284/2002 Coll. as amended, and Act No. 102/2014 Coll. on Consumer Protection in Distance Selling.

11.4. These terms and conditions and complaint policy become effective for the buyer upon the conclusion of the purchase agreement.

11.5. Before submitting the order, the buyer will be prompted to confirm by checking a box that they have familiarized themselves with these terms and conditions and complaint policy, read them, understood their content, and fully agree with them.

12. Alternative Dispute Resolution

12.1. The buyer has the right to ask the seller for redress if they feel that the seller has violated their rights or has not handled a complaint to their satisfaction. If the seller does not respond to the request within 30 days or responds negatively, the consumer may submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as an ADR entity) according to Act 391/2015 Coll. According to Section 3 of Act 391/2015 Coll., ADR entities are authorities and authorized legal entities. The consumer may submit a proposal in the manner specified in Section 12 of Act 391/2015 Coll. The request can also be submitted online via the RSO alternative dispute resolution platform.

Alternative dispute resolution is reserved exclusively for natural person consumers, not business buyers. Dispute resolution takes place between the consumer and the seller who have concluded a distance contract and whose dispute has a value greater than 20 EUR. The maximum fee that an ADR entity can request is 5 EUR from the buyer, to cover costs.

WARNING:

These general terms and conditions were prepared for the company MATMAR s.r.o., Company ID: 53 922 298, Zamatová Street 11630/1, Nové Zámky 940 02, registered in the Commercial Register of the Nitra District Court, section: sro, insert number: 54855/N, by the company Krši s.r.o., Hviezdoslavova 275/27, Žiar nad Hronom 965 01, Company ID: 50 532 464, which reserves its copyright to this work. Any use of this work or its part (reproduction, copying, scanning, or other dissemination of texts, tables, and other components of this work) by mechanical or electronic means without prior written permission from Krši s.r.o. for such use is strictly prohibited.