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GTC

GENERAL TERMS AND CONDITIONS

 

  1. Basic provisions

General terms and conditions (hereinafter referred to as “GTC”) regulate the relationship between the seller and the buyer based on a sales contract in respect of sale of products through the website www.zik.sk. By using the website and buying products through www.zik.sk, the buyer accepts these GTC as amended and is bound to comply with them throughout the existence of the legal relationship with the seller based on the sales contract. An up-to-date version of the GTC is available at www.zik.sk. By sending the purchase order the buyer confirms that he has read the GTC as amended at the time of sending the purchase order.

  1. The Seller

The seller – ZIK, s.r.o., with registered office at Severná 49, 900 25  Chorvátsky Grob, company ID No. (IČO): 51 893 169, registered in the Business Register of the Bratislava I District Court, Section Sro, File No. 131000/B, Tax ID No. (DIČ): 2120831658, e-mail: info@zik.sk, tel.: +421 905 322 307 is the operator of the website www.zik.sk. The supervisory authority the seller’s business activity is subject to is the Inspectorate of the of the Slovak Trade Inspection for the Banská Bystrica Region, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27 (www.soi.sk).

  1. The Buyer

The buyer is an adult individual competent to make legal acts or a business subject interested in buying products through www.zik.sk as specified bellow. The buyer is a consumer (individual who, when concluding and fulfilling the consumer agreement, does not act within his/her business activities or any other entrepreneurship activity) or an entrepreneur (natural person or business subject acting within his/her/its business activities or any other business activities).

Legal regulations between the seller and the consumer that are not expressly covered by these GTC are governed by respective provisions of Act No. 40/1964 Civil Code as amended and by other related regulations. Legal regulations between the seller and the buyer – entrepreneur that are not expressly covered by these GTC are governed by respective provisions of Act No. 513/1991 Commercial Code as amended and by other related regulations.

  1. Purchase Order

A purchase order is valid if the required data are filled in truly and completely when the purchase order is sent. The seller is not liable for late delivery of goods and damage caused by the buyer failing to fill in all required data and/or to fill in the purchase order correctly at the time of creating the purchase order.

Where the buyer is a consumer, placing of offered goods by the seller on his website is a proposal for the conclusion of a sales contract and the sales contract is concluded upon delivery of a purchase order by the buying consumer and receipt of the purchase order by the seller; the seller’s confirmation of receipt of the purchase order has no effect on the contract formation.

Where the buyer is an entrepreneur, delivery of a purchase order by the buying entrepreneur is a proposal for the conclusion of a sales contract and the sales contract is concluded upon delivery of the seller’s binding consent to his proposal – purchase order confirmation to the buying entrepreneur.

The seller will confirm the content of the buyer’s electronic purchase order immediately after delivery thereof to the seller by e-mail (to the buyer’s e-mail address specified in the electronic purchase order),

Should the seller fail to confirm receipt of the buyer’s purchase order within 48 hours after delivery thereof by the buyer, the purchase order shall be considered undelivered to the seller and the sales contract shall be considered not concluded.

The buyer is obliged to check the content of the electronic purchase order included in the confirmation of the purchase order by the seller. If discrepancies are found in respect of the content of the electronic purchase order confirmed by the seller, the buyer is responsible to inform the seller by e-mail sent to the e-mail address info@zik.sk without undue delay; however, no later than 3 business days after confirmation of the purchase order by the seller; otherwise the content of the electronic purchase order shall be deemed to be correct.

The buyer may cancel the purchase order by the moment of confirmation thereof by the seller. Cancelling a purchase order after it was confirmed by the seller is not possible. All purchase orders accepted through the website www.zik.sk are deemed to be binding.

The seller is entitled not to accept a purchase order or to withdraw from concluding a sales contract due to finished production of the goods, inability to supply the goods at a price as specified in the e-shop or in case of serious changes preventing the seller from fulfilling the obligations arising out of the purchase order or sales contract or due to force majeure or if the seller is unable to supply the goods within the lead times as set forth in these GTC or at a price as set forth in the e-shop despite using best efforts as may be reasonably required from the seller. In all these cases, the seller shall notify the buyer of the situation. The seller is responsible to offer the possibility of supplying alternative goods. The buyer has the right to refuse the possibility of supplying alternative goods and to withdraw from the purchase order. If the purchase price was paid in full or part and the purchase order is cancelled, the amount paid will be returned to the buyer within 14 calendar days applying the same method as was used to pay for the goods, unless the buyer requires otherwise.

  1. Payment

All prices specified on the website www.zik.sk are final and are stated in the Euro currency. An invoice – a tax document is part of every supply. The seller reserves the right to amend the prices. The buyer pays the price as specified in the e-mail delivered to him after confirming the purchase order, regardless of any later changes in the price.

The buyer shall pay the purchase price according to the selected payment method and the goods will be delivered to him according to the delivery method the buyer selected when ordering the goods.

The buyer can pay the purchase by the following means:

  • payment by wire transfer
  • payment on delivery of the goods (cash is paid to the carrier)

the seller is entitled to request advance payment for any goods made exclusively based on the buyer’s special purchase order.

  1. Refund guarantee

In accordance with the provision of Section 7 of Act No. 102/2014 on the protection of consumers in the sale of goods or provision of services under remote contracts or contracts executed outside the business premises of the seller as amended, the buyer has the right to withdraw from a contract concluded this way without a reason within 14 calendar days after accepting goods or after concluding the contract where a notice of withdrawal from contract must be delivered to the seller within the period of time. The buyer can withdraw from a contract subject matter of which is a supply of goods also before the period of time for withdrawal from the contract. Paid purchase price will be returned to the buyer’s bank account by wire transfer within 14 calendar days after delivery of the returned goods. The returned goods must be delivered by registered mail to the seller’s address without any signs of use or damage to the goods.

The costs of transport of the returned goods to the seller (postal charges) shall be paid by the buyer. The goods cannot be returned by means of cash on delivery – goods returned this way will not be accepted. After fulfilling the conditions as set forth in this article, the buyer will receive the paid amount for the returned goods. If any of the above conditions is not fulfilled, the seller shall not accept withdrawal from the contract and the goods will be returned at the buyer’s cost.

  1. Delivery Terms

The seller shall supply the goods to the buyer within as short period of time after receipt of the electronic form containing the purchase order as possible and with regard to the lead times as set forth on the seller’s website. If the seller is, for any reason, unable to supply to the buyer all the goods ordered within the agreed lead time as set forth on the seller’s website, he must notify the buyer immediately by telephone or e-mail and inform him about the expected time of delivery of the ordered goods or propose him supply of alternative goods.

The buyer is notified of the consignment dispatch by e-mail. Accordingly, the goods are delivered within two business days. Note: If you had not been contacted, within this period of time, by Slovenská pošta or a courier service according to your purchase order, please let us know via e-mail or by telephone in order for us to resolve the situation.

The goods are delivered to the buyer to an address as specified in the purchase order form. Delivery address may be different than invoicing address. If the buyer selects as the delivery method delivery by Slovenská pošta, he is responsible to have a properly marked mail box where he can receive, if not present, a notification of stored consignment at the respective branch of Slovenská pošta. If the buyer selects as the delivery method delivery by a courier service, he must be available at the telephone number provided in the purchase order and allow this way delivery of the consignment.

Goods are delivered by the following methods:

  • via a courier service
  • via Slovenská pošta

Goods are delivered by handing over of the goods to the buyer. Ownership rights to the goods are transferred to the buyer upon delivery of the goods and payment of the full purchase price as set forth in the purchase order; i.e. the seller reserves the ownership right to the goods and the buyer becomes the owner only after payment of the full purchase price.

  1. Rights and obligations of the parties

The seller undertakes to:

  • supply the right type and quantity of goods as specified in the moment of placing the purchase order, based on the buyer’s purchase order at an agreed price;
  • adequately wrap the goods and deliver them within a the lead time as set forth in article “Delivery Terms”;
  • either confirm the purchase order after receipt thereof or inform the buyer, without undue delay, that the goods are not available at the moment and in what time period the goods may be delivered;
  • issue for the buyer and deliver an invoice as a tax document.

The buyer undertakes to:

  • collect the ordered goods;
  • pay for the ordered goods an agreed price (in case of payment on delivery including transport price unless these GTC provide otherwise) immediately before collecting the goods.

The seller is not liable for:

  • late delivery of the ordered goods caused by the postal service or express courier service;
  • damaged consignment caused by the postal service or express courier service;
  • late delivery of the goods caused by the buyer having stated a wrong address;
  • eventual non-delivery caused by unexpected obstacles on the part of the suppliers of materials and services or by force majeure.

 

  1. Collection of the goods

When collecting the goods, the buyer is responsible to check whether the package in which the goods are wrapped has not been damaged. Should the package be damaged, the buyer is responsible to fill in, at the place of the goods handover, with the courier a protocol of found defects caused during transport. If the buyer collects the goods despite an apparent damage of the packaging, the seller will not approve any eventual later complaints for this reason.

The buyer is responsible to check the delivered goods without undue delay after collecting thereof.

Should the buyer find that the goods are incomplete or damaged due to transport, which is not showed as outer damage of the packaging, he is responsible to file a complaint with the seller without undue delay; however, no later than two days after collecting the consignment. Otherwise the consignment is deemed to be complete and free of defects and no complaints will be approved for this reason.

  1. Complaints and warranty.

The buyer is obliged to file a complaint with the seller in respect of defects to the goods bought on www.zik.sk without undue delay in accordance with the conditions as set forth in the respective provisions of Act No. 513/1991 Commercial Code as amended or Act No. 40/1964 Civil Code as amended.

Complaints can be filed:

  • via telephone during business days from 9:00a.m. to 4:00p.m. on telephone number: +421 905 322 307
  • via e-mail at: info@zik.sk in writing

When using any of the above types of contacting the seller for the purpose of filing a complaint, the claimed goods must be delivered together with properly completed complaint form and a copy of invoice to the address: ZIK, s.r.o., Severná 49, 900 25  Chorvátsky Grob, Slovak Republic.

The warranty period starts on the day of collecting the product by the buyer. The buyer acknowledges that he is obliged to check the goods immediately after collecting thereof. Should the goods not correspond to the sales contract at the time of collecting thereof by the buyer, the buyer is obliged to notify the seller immediately.

All goods are subject to a 24-month warranty unless stated otherwise for specific goods. The seller is liable for all defects to the product at the time of collecting the product by the buyer or any defects that will occur in the course of the warranty period. Warranty does not apply to defects caused by improper or incorrect handling, wear and tear or mechanical damage.

Costs of delivery of the claimed goods to the seller are borne by the seller, transport of the goods back to the buyer shall be borne by the seller. The seller shall settle every complaint within a period of time under the law and inform the buyer of its progress.

The warranty shall not apply to defects caused by:

  • natural use or overuse;
  • dirty goods or any parts thereof due to neglected maintenance;
  • use of the goods under conditions not corresponding, by their temperature, dustiness, humidity, chemical and mechanical effects, to the conditions under which the goods are used normally;
  • external effects such as fall or crash;
  • using the goods in contrast with the operational manual;
  • mechanical damage – torn, cut, damaged by temperatures, goods damaged by improper and inadequate physical handling, scratching layers of the goods etc.

In the case of unlawful complaint, the goods will be returned to the buyer together with respective statement.

  1. Final provisions

These GTC and the legal system of the Slovak Republic apply to all sales contracts concluded through the seller’s e-shop and form an integral part of the sales contract.

In case of any dispute between the buyer and the seller, the buyer has the right to resolve the dispute through an alternative dispute solving system in accordance with Act No. 391/2015 on alternative consumer dispute resolution as amended. The buyer may file an application for an alternative dispute resolution through the following platform for alternative dispute solving: https://ec.europa.eu/consumers

The seller reserves the right to amend these GTC. An amendment to these GTC is deemed to be announced when published on the seller’s e-shop website at the time of entry into effect thereof.

By submitting a purchase order from the seller’s online order form the buyer confirms that he has read these GTC and agrees with them in full.

These GTC enter into effect on the day of publishing hereof on the seller’s e-shop website and, in relation to the buyer, by concluding a sales contract.

Bratislava on 6 November 2018