General Terms and Conditions and Complaints Procedure
1. General provisions
1.1 These general terms and conditions govern the rights and obligations of the parties arising from the contract of sale concluded between the Seller, which is:
Company Name : CAPITAL PLUS s.r.o.
Street and number Dobrianskeho 1651.
City and postcode Vranov nad Topľou 093 01.
Country Slovak Republic.
ID: 55674666.
(hereinafter referred to as the “Seller”)
and the Buyer, the subject of which is the purchase and sale of goods on the Seller’s e-commerce website.
1.2. The Parties agree that by sending an order to the Seller, the Buyer confirms that he agrees that these General Terms and Conditions and the provisions hereof shall apply to all contracts of sale concluded on any e-commerce website operated by the Seller, on the basis of which the Seller delivers the goods presented on the said website to the Buyer (hereinafter referred to as the “Contract of Sale”), and to all relations between the Seller and the Buyer, arising in particular from the conclusion of the Contract of Sale and the claim for goods.
1.3. The General Terms and Conditions are an integral part of the purchase contract. In the event that the Seller and the Buyer enter into a written contract of sale in which they agree on terms and conditions different from the General Terms and Conditions, the provisions of the contract of sale shall prevail over the General Terms and Conditions.
1.4. The list of goods on any e-commerce website operated by the Seller is a catalogue of commonly supplied goods and the Seller does not guarantee the immediate availability of all goods listed. The availability of the Goods will be confirmed to the Buyer upon enquiry by the Buyer.
2. Method of concluding the purchase contract
2.1. The Buyer’s order is a proposal of the purchase contract in the form of a form filled in and sent by the Buyer on the Seller’s website and the purchase contract itself is concluded at the moment of delivery of the Buyer’s and the Seller’s binding consent to this proposal (binding e-mail confirmation of the order by the Seller to the Buyer’s e-mail address). From this moment, mutual rights and obligations arise between the buyer and the seller.
2.2. By concluding the Purchase Contract, the Buyer confirms that he/she has read these Terms and Conditions, including the Complaints Policy, and that he/she agrees to them. The Buyer shall be sufficiently notified of these terms and conditions and the Complaints Procedure by the placing of the order and shall have the opportunity to familiarise himself with them.
2.3 All orders received by this shop are binding. Orders may be cancelled before dispatch by email. When cancelling an order you must provide your name, email and order number. In the event that the order is not cancelled prior to dispatch, and is dispatched, the Customer may be required to pay the costs associated with dispatching the goods. You are automatically notified of the receipt of your order by e-mail. In the details of each product and in the order confirmation, the estimated delivery time of the goods that were out of stock is indicated. For each item it is shown whether the goods are in stock or not. If the goods are out of stock or out of stock of the supplier, we will inform you immediately of the next delivery date.
2.4. The Buyer acknowledges that there may be cases when the contract between the Seller and the Buyer is not concluded, especially in the case when the Buyer orders goods at a price published in error due to an error in the Seller’s internal information system. In such a case, the Seller shall inform the Buyer of such fact.
The Seller reserves the right to declare the purchase contract null and void if there has been misuse of personal data, misuse of payment cards, etc., or due to the intervention of an administrative or judicial authority, the Buyer will be informed of such a procedure.
The Buyer acknowledges that in the above cases the Purchase Contract cannot be validly formed.
3. Seller’s rights and obligations
3.1 The Seller shall:
To deliver the goods to the Buyer in the agreed quantity, quality and date on the basis of an order confirmed by the Seller and to pack or equip them for transport in the manner necessary for their preservation and protection.
Hand over to the Buyer, together with the goods, in written or electronic form, all documents necessary for the acceptance and use of the goods and other documents prescribed by the applicable law at the latest.
3.2. The Seller shall be entitled to the due and timely payment of the purchase price by the Buyer for the goods delivered.
3.3. The Seller shall have the right to cancel the order if, due to stock outage or unavailability of goods, it is unable to deliver the goods to the Buyer within the time limit specified in these Terms and Conditions or at the price stated in the online shop, unless an alternative performance is agreed with the Customer. The customer will be informed of the cancellation of the order by e-mail and, in the case of payment of the purchase price or part thereof, the funds will be refunded within 10 working days to the account designated by the customer, unless otherwise agreed with the seller.
4. Buyer’s rights and obligations
4.1. The buyer is obliged to:
to collect the purchased or ordered goods,
pay the agreed purchase price to the Seller within the agreed due date, including the cost of delivery of the goods,
not to damage the Seller’s goodwill,
to acknowledge receipt of the goods on the delivery note by his signature or the signature of a person authorised by him and, if available, his stamp,
4.2. The Buyer is entitled to delivery of the goods in the quantity, quality, date and place agreed by the parties in the binding acceptance of the order.
5. Delivery and payment terms
5.1. The goods are sold according to the displayed samples, catalogues, placed on the Seller’s e-shop website.
5.2. The Seller is obliged to fulfil the Buyer’s order and deliver the goods to the Buyer within 6 working days of delivery of the goods by the supplier or manufacturer of the goods to the Seller.
5.3. The Buyer is obliged to take delivery of the goods at the place specified in the Buyer’s acceptance of the order by the Seller. If the Buyer fails to take delivery of the goods within 7 days after the expiry of the period specified in the purchase contract, the Seller is entitled to charge the Buyer a storage fee of € 5.00 for each day of storage of the goods. After 14 days have elapsed from the date on which the buyer was obliged to accept the goods, the seller is entitled to withdraw from the contract of sale and sell the goods to a third party. After the sale of the agreed goods to a third party, the deposit for the agreed goods paid by the buyer shall be set off in full against the contractual penalty payable by the buyer to the seller.
5.4. The Seller is entitled to invite the Buyer to take delivery of the goods before the expiry of the period agreed in the Purchase Contract.
5.5. The weight, dimensions and other data on the goods contained in the Seller’s catalogues, brochures and other documents placed on the Seller’s e-commerce website are non-binding data.
5.6. The place of delivery of the goods is the place specified in the acceptance of the order by the Seller, unless the parties agree otherwise in the purchase contract.
5.7. If the Seller delivers the goods to the Buyer at the place specified in the Purchase Contract by the Buyer, the Buyer is obliged to take delivery of the goods in person or to arrange for the goods to be taken over by a person authorised by the Buyer in his/her absence to take delivery of the goods specified in the Purchase Contract and to sign the delivery and handover report. The third party authorised to take delivery of the goods referred to in the contract of sale shall be obliged to submit to the Seller the original or a copy of the contract of sale and the proof of payment for the goods and a written authorisation. If the delivery of the goods has to be repeated due to the absence of the Buyer at the place specified in the Purchase Contract, all costs incurred in this respect shall be borne by the Buyer, in particular the re-delivery of the goods to the place specified in the Purchase Contract and the warehousing fee in the amount specified in clause 5.3 of this Article of these General Terms and Conditions of Business. The goods shall be deemed to have been delivered at the time of delivery of the goods to the address specified in the binding acceptance of the order and accepted at the time of physical receipt of the goods by the Buyer, respectively. by the buyer’s authorised representative or upon refusal to accept the goods, which shall be indicated by the carrier in the delivery and handover report.
5.8. The buyer is obliged to inspect the shipment, i.e. the goods as well as their packaging immediately after delivery. In the event that the Buyer discovers that the goods or the packaging of the goods are mechanically damaged, he is obliged to notify the carrier and check the condition of the goods in his presence. In the event that the goods are found to be damaged, the Buyer shall be obliged to make a record of the extent and nature of the damage to the goods, the accuracy of which shall be confirmed by the carrier. On the basis of the record so made and delivered to the Seller, the Seller may subsequently provide for the rectification of the defect in the goods, a discount on the goods or, in the case of irreparable defects in the goods, deliver new goods to the Buyer.
5.9. The Buyer shall be entitled in the event of non-delivery of the goods by the Seller within the period specified in 5.2. The Seller is obliged to return to the Buyer the already paid part of the purchase price within 10 working days from the receipt of the withdrawal from the purchase contract by wire transfer to the Buyer’s account designated by the Buyer.
5.10. The buyer will receive an invoice for each shipment by email or enclosed in the packaged shipment of goods. Where a warranty card is required, it will be included in the package.
5.11. For the sake of smooth supply, the Seller reserves the right to deliver the goods to the Buyer who has ordered goods for a total value exceeding 100,- Euro within one order or one day only after full payment of the total purchase price. Once the Buyer has paid the total purchase price of the purchased goods, the Seller shall make the dispatch in accordance with the Buyer’s requirements set out in the order.
6. Purchase price
6.1. The Buyer is obliged to pay the Seller the purchase price of the goods agreed in the Purchase Contract or according to the Seller’s price list valid at the time of conclusion of the Purchase Contract, including the cost of delivery of the goods (hereinafter referred to as the “Purchase Price”) in the form of a cash payment at the Seller’s designated establishment, cash on delivery at the place of delivery of the goods, cash on delivery through a company providing postal services or by wire transfer to the Seller’s account specified in the binding acceptance of the order.
6.2. The Seller reserves the right to change the purchase price in the event of changes in legislation, changes in prices from manufacturers or suppliers of goods.
6.3. If the Buyer pays the Seller the purchase price by wire transfer, the date of payment shall be deemed to be the date on which the full purchase price is credited to the Seller’s account.
6.4. The Buyer is obliged to pay the Seller the purchase price for the agreed goods within the period according to the purchase contract, but at the latest upon receipt of the goods.
6.5. If the Buyer pays the Seller the purchase price for the goods agreed in the Purchase Contract, the Buyer shall be entitled to withdraw from the Purchase Contract and to claim a refund of the purchase price only in accordance with applicable law.
6.6. In the event that the Buyer fails to pay the Seller the full purchase price upon acceptance of the goods, the Parties agree that the Seller is entitled to withdraw from the Purchase Contract and the deposit paid for the purchase price shall be credited in full against the contractual penalty payable by the Buyer to the Seller, unless otherwise agreed in the Purchase Contract.
6.7. All promotions are valid while stocks last, unless otherwise stated for a specific product.
7. Acquisition of ownership and transfer of risk of damage to goods
7.1. The buyer acquires the right of ownership of the goods only upon full payment of the purchase price for the goods.
7.2. The risk of damage to the goods passes to the buyer at the time when he takes over the goods from the seller or, if he fails to do so in time, at the time when the seller allows him to dispose of the goods and the buyer does not take over the goods.
8. Transportation of goods and method of payment
Delivery of goods is provided by Slovenská pošta, a.s. by delivery to the address of the buyer specified in the order or by delivery to a branch of Slovenská pošta, a.s. according to the buyer’s choice specified in the order.
Price for shipping:
When buying goods up to and including 100€:
Delivery to the buyer’s address 5,00 € Delivery to a branch of the Slovak Post, a.s. 3,60 €
In case of payment by cash on delivery, the surcharge for this service is 1,00 €.
When buying goods worth more than 100€ :
Delivery of goods to the address resp. Slovak Post office free of charge, no extra charge for cash on delivery.
All methods of payment can be selected before choosing the transport.
All payment methods are included in the shipping price.
Prepayment – when you choose this option, we will send you a prepayment letter with all the payment details.
We will dispatch the goods after payment has been credited to your bank account.
Cash on delivery – we will send you the ordered goods by post and you will pay cash to the carrier upon receipt of the goods.
Personal collection – payment in cash upon personal collection.
9. Contradiction with the contract of sale – general information
In the event that the item is not in conformity with the contract of sale upon receipt by the buyer (hereinafter referred to as “non-conformity with the contract of sale”), the buyer shall have the right to have the seller restore the item free of charge and without undue delay to a condition corresponding to the contract of sale, either by replacing the item or by repairing it, as requested by the buyer; if such a procedure is not possible, the buyer may demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew of or caused the breach of the contract of sale before taking delivery of the item. A conflict with the contract of sale which manifests itself within six months of the date of acceptance of the goods shall be deemed to have already existed at the time of acceptance, unless this is contradicted by the nature of the goods or the contrary is proved.
10. Withdrawal from the contract
10.1. If the purchase contract is concluded by means of distance communication (online shop), the consumer has the right to withdraw from the contract within 14 days of receipt of the goods. If the buyer chooses to withdraw within the aforementioned period, we recommend that the goods be delivered to the seller’s address together with an accompanying letter with the possible reason for withdrawal from the purchase contract (not a condition), with the purchase receipt number and the bank account number indicated, in order to speed up the processing of the withdrawal.
10.2. The consumer acknowledges that if he/she withdraws from the contract, he/she will bear the costs of returning the goods to the seller and, if he/she withdraws from a distance contract, also the costs of returning the goods which, due to their nature, cannot be returned by post.
10.3. However, this provision of the law cannot be understood as a possibility to lend goods free of charge. If the consumer exercises his right of withdrawal within 14 days of receipt of the goods, he must hand over to the supplier everything he has received under the contract of sale. If this is no longer well possible (e.g. the goods have been destroyed or consumed in the meantime), the consumer must provide monetary compensation in return for what can no longer be handed over. If the returned goods are only partially damaged, the seller may claim damages against the consumer and set off his claim against the returned purchase price. In such a case, the seller is obliged to prove the damage incurred. In such a case, the seller shall only refund the consumer the reduced purchase price.
10.4. The Buyer acknowledges that if gifts are provided with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the right of withdrawal is exercised, the gift contract shall cease to have effect and the Buyer shall be obliged to return the related gifts provided together with the returned goods.
In the event that these are not returned, these values will be understood as unjust enrichment of the buyer.
In the event of withdrawal from the gift contract, the contract of sale is not terminated and the contracts are treated separately in this respect.
11. Complaints Procedure
11.1. The Complaints Procedure applies to goods purchased by the Buyer from the Seller in the form of e-commerce on the Seller’s e-commerce website and which are the property of the Buyer.
11.2. If the ownership right has not yet passed to the buyer, the buyer can, in accordance with the current legislation, handle the claim only after full payment in accordance with § 151 of the Civil Code.
11.3. All goods offered are guaranteed for 24 months, unless otherwise stated on the goods. The warranty period begins on the date of receipt of the goods from the shipping company or directly from the seller if the buyer collects the goods in person on the day of receipt.
11.4. The Buyer is obliged to file a claim immediately with the Seller, as soon as the defect is detected. The Buyer is obliged to inspect the goods upon receipt of the goods. If he fails to do so, he may only claim for defects found during this inspection if he proves that the goods were already defective at the time of receipt of the goods.
11.5. The Buyer has the right to claim a warranty from the Seller only for goods that have defects caused by the manufacturer, supplier or the Seller, are covered by the warranty and were purchased from the Seller.
11.6. The right to the warranty is extinguished if: the protective film is removed from the goalkeeper gloves – the goods are unpacked.
a. the defect was caused by mechanical damage to the product caused by the buyer,
b. improper handling of the product in a manner other than that specified in the instructions for use,
c. using the goods in conditions that do not correspond to the natural environment of the goods in terms of humidity, chemical and mechanical influences,
d. neglecting the care and maintenance of the goods,
e. damage to the goods by excessive loading or use in violation of the conditions specified in the documentation, general principles, technical standards or safety regulations applicable in the Slovak Republic, or other breach of warranty conditions,
f. damage to the goods by unavoidable and/or unforeseeable events, unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other acts of God,
g. the warranty also does not cover normal wear and tear of the goods (or parts thereof) caused by the use of the goods. A shorter service life of the product cannot therefore be considered a defect and cannot be claimed.
h. failure to notify obvious defects upon receipt of the goods,
i. the expiry of the warranty period,
j. failure to produce proof of payment, delivery note or warranty card, accessories or documentation of the goods,
11.7. The Seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:
- by handing over the repaired goods,
- exchange of goods,
- by refunding the purchase price of the goods,
- by paying a reasonable discount on the price of the goods,
- by a written invitation to take over the performance specified by the seller,
- by reasoned rejection of the claim.
11.8. The Seller is obliged to issue the Buyer with a written document about the manner of handling the complaint and about the handling of the complaint no later than within 30 days from the date of the complaint through the provider of postal or courier or delivery service, or by e-mail.
11.9. The warranty period shall be extended by the period during which the buyer could not use the goods due to warranty repair of the goods.
11.10. In the event of an exchange of goods for new goods, the buyer will receive a document indicating the exchanged goods and any further claims will be made on the basis of the original delivery note and this claim document. In the case of replacement of goods with new goods, the warranty period will start again from the receipt of the new goods, but only for the new goods.
11.12. All rightfully claimed warranty repairs are free of charge.
11.13. In the case of a remediable defect, the claim will be handled as follows, depending on the buyer’s decision:
- the seller ensures that the defect is removed, or
- the seller will replace the defective goods.
11.14. If there is a defect that cannot be removed, or one repeatedly repeated removable defect, or a greater number of different removable defects, which prevent the goods from being properly used as without defect, the Seller shall, depending on the Buyer’s decision, deal with it in the following manner:
- by replacing the goods with other functional goods of the same or better technical characteristics, or
- in the event that the Seller is unable to replace the goods for another, the Seller shall settle the claim by issuing a credit note for the defective goods.
11.15. The handling of the claim only applies to the defects listed on the claim form.
11.16. For the purposes of a claim, the occurrence of a single correctable defect more than three times shall be deemed to be a repeated correctable defect.
11.17. For the purposes of a claim, the occurrence of more than three different avoidable defects at the same time shall be considered as a greater number of different avoidable defects.
11.18. For the purposes of a claim, the period of time that is deemed to be the period during which the Buyer cannot properly use the Goods shall be the period during which, after the conclusion of the contract of sale, the Buyer cannot use the Goods for more than 100 days in total due to a defect in the Goods.
11.19. In the event that the Seller terminates the complaint procedure as a justified rejection of the complaint, but the product defect objectively exists and has not been eliminated, the Buyer may exercise his right to eliminate the defect of the goods through the court.
11.20. Complained goods must be sent to the postal address indicated in the contact details, but not on delivery or personally delivered to the contact address. The goods must be packed appropriately to prevent damage during transport and we recommend sending the goods by registered mail or as an insured parcel. A copy of the proof of purchase (invoice) must be attached to the goods and we recommend that you enclose a completed Complaints Form.
11.21. Complaints must be sent in writing only (not by e-mail).
11.22. The Seller shall acknowledge receipt of the claim and issue the Buyer with a confirmation of the claim in an appropriate form. The date of the claim shall be deemed to be the date on which it is submitted for postal delivery. 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 processing of the complaint. The acknowledgement of the claim shall be sent in writing.
11.23. The Seller is obliged to determine the method of handling the complaint within 3 days from the beginning of the complaint procedure. In justified cases, in particular if complex technical evaluation of the goods is required, no later than 30 days from the date of commencement of the complaint procedure. After determining the method of handling the complaint, the Seller shall handle the complaint immediately; in justified cases, the complaint may also be handled later. However, the processing of the complaint may not take longer than 30 days from the date of the complaint. After the expiry of the 30-day period for processing the complaint, the buyer has the right to withdraw from the purchase contract and will be refunded the full amount for the goods or has the right to exchange the goods for new ones.
11.24. Buyer’s rights when making a claim:
a. in the event of a remediable defect, the buyer has the right to have the defect remedied free of charge, properly and in a timely manner. The Seller shall decide on the method of removing the defect. The Buyer may request that the defective item be replaced with a defect-free item instead of the defect being repaired, provided that the Seller does not incur disproportionate costs in relation to the price of the goods or the severity of the defect,
b. in the event of an irreparable defect that prevents the proper use of the item for its intended purpose, the buyer has the right to either replace the item or to withdraw from the purchase contract (refund).
c. if the item has at least three defects at the same time that prevent proper use, the consumer has the right to exchange the goods or withdraw from the purchase contract (refund). The buyer has the same right if the same defect occurs in the item, which has already been repaired twice and the third time the item has been sent for complaint.
d. the complaint is deemed to be settled if the complaint procedure ends with the handing over of the claimed goods, their replacement or refund of the purchase price of the goods, a written invitation to take over the performance or a reasoned refusal.
11.25. No damage to the goods, resp. Intactness of the packaging (according to the instructions when taking over the goods) must be checked when taking over the goods, since the goods may be damaged during transport, we recommend buyers to unpack the goods and inspect them in the presence of the carrier. By your signature to the courier you declare that the packaging is undamaged.
11.26. These Complaint Conditions are an integral part of the General Terms and Conditions, and the Seller reserves the right to change them at any time without prior notice to the Buyer.
12. Final Provisions
12.1. Spotrebiteľ prehlasuje, že pred vyplnením alebo oznámením objednávky sa oboznámil s týmito všeobecnými obchodnými podmienkami a reklamačným poriadkom a že s nimi súhlasí.
12.2. Bez ohľadu na ostatné ustanovenia zmluvy, predávajúci nezodpovedá spotrebiteľovi za ušlý zisk, stratu príležitostí alebo žiadne iné nepriame alebo následné straty v dôsledku nedbalosti, porušenia zmluvy alebo vzniknuté iným spôsobom.
12.3. These General Terms and Conditions have been formulated and established in good faith, in order to comply with the statutory conditions and to regulate fair business relations between the Seller and the Consumer. In the event that any provisions of these terms and conditions are found by the competent authorities of the Slovak Republic to be invalid or unenforceable, in whole or in part, the validity and enforceability of the remaining provisions and the remaining parts of the relevant provision shall remain unaffected thereby.
12.4. The consumer’s rights in relation to the seller arising from the Consumer Protection Act no. 634/1992 Coll. as amended, and the Act on Consumer Protection in Doorstep and Mail Order Sales no. 108/2000 Coll., as amended, remain unaffected by these terms and conditions.
12.5. Legal relations and conditions not expressly regulated herein as well as any disputes arising from the non-fulfilment of these conditions shall be governed by the relevant provisions of the Commercial Code or the Civil Code.
12.6. By submitting personal data, the user of the website www.e-bylinkaren.sk agrees to the processing of personal data in accordance with Act No. 122/2013 Coll. on the protection of personal data in the information system of the operator. The Seller, as the operator of the e-shop www.e-bylinkaren.sk, undertakes that the personal data provided by the Buyer through registration by filling in and submitting the order form will not be disclosed to third parties without the consent of the data subject and will not be used for commercial offers unrelated to the promotion of the e-shop. www.2keepers.com
12.7. Prípadné spory medzi prevádzkovateľom a kupujúcim je možné riešiť alternatívnym riešením sporov, v takom prípade spotrebiteľ – kupujúci môže kontaktovať subjekt mimosúdneho riešenia sporov, ktorým je napríklad Slovenská obchodná inšpekcia. Predávajúci odporúča kupujúcemu kontaktovať predávajúceho a využiť všetky možnosti na vyriešenie vzniknutej situácie skôr ako bude pristúpené k mimosúdnemu riešeniu sporu.
12.8 The Seller reserves the right to change these terms and conditions, whereby the obligation to give written notice of a change in these terms and conditions is satisfied by posting on the website www.2keepers.com.
12.9. In the event of a change in the terms and conditions, the terms and conditions in force on the date of purchase shall apply.
