Terms and conditions
1. General information
These terms and conditions apply to contracts concluded at a distance in the e-shop www.ekokapsule.sk between the seller and the buyer according to Act no. 102/2014 Coll. on the protection of consumers in the sale of goods or services under a distance contract.
The seller is NajTrade s.r.o., Húskova 31, 040 23 Košice. Identification Company Number 50590502, Tax Identification Number 2120382396, VAT ID: SK2120382396. Phone. +421 944 750 100, e-mail: firstname.lastname@example.org. Registered in the Commercial Register of the District Court Košice I, section Sro, file no. 40217 / V.
The buyer is a consumer, i.e., a natural person who, in concluding and fulfilling a consumer contract, does not act in a profession within the scope of his business activity. Purchases made by business entities are governed by the Commercial Code no. 513/1991 Coll.
The Authority for Supervision for Consumer Protection is the SOI Inspectorate for the Košice Region, Vrátna no. 3, 043 79 Košice 1.
2. Order and contract
Sending a completed order by the buyer is considered a proposal to conclude a contract according to the Civil Code, based on the seller's offer in the e-shop. The contract is concluded by confirmation of the order by the seller.
3. Product prices
All product prices in the e-shop are final, including all taxes. The seller is a VAT payer. The product price does not include shipping costs. These are listed at https://www.ekokapsule.sk/doprava-a-platba.html and in the shopping cart before the order is completed, where the buyer can also see the total price of the order, including shipping costs.
All deals and special prices listed on this website are valid until out of stock.
4. Payment for the goods
The seller accepts payment for the ordered goods in the ways specified on the page https://www.ekokapsule.sk/doprava-a-platba.html.
Part of the order in the e-shop is the obligation of the buyer to pay the price to the seller for the products ordered.
5. Delivery of the order
Standard product delivery time is the next working day. In the case of a change in delivery time, the seller will contact the buyer after receiving the order. When paying in advance, the seller sends the goods only after the payment has been credited to the seller's account.
Goods shall be deemed to have been received by the buyer at the moment when the buyer or a third party (other than the carrier) designated by the buyer accepts all parts of the ordered goods, or if (a) the goods ordered by the buyer in a single order are delivered separately, at the moment of acceptance of the last item delivered; (b) supplies the delivery of several parts or pieces; by the time of receipt of the last delivered part or last item, (c) supplies the goods repeatedly for a specified period, at the time of receipt of the first goods delivered.
6. Complaints guidelines
The seller is liable for defects that the products have on receipt by the buyer. He is not responsible for defects caused by their use or wear. For items sold at a lower price, he is not liable for the defect for which the lower price was negotiated. If the items are not perishable or used, the seller is responsible for defects that occur after the receipt of the item within the warranty period (warranty).
The warranty period for new products is 24 months, which starts with the receipt of goods by the buyer. The warranty period for used goods is 12 months. If a period of use is marked on the item being sold, its packaging or its instructions, the warranty period shall not expire before the expiry of this period.
The warranty certificate is issued at the request of the buyer. Proof of purchase is sufficient to make a claim.
If the goods have a defect that can be removed, the buyer has the right to have it removed free of charge, on time and accurately. The seller shall remove the defect without undue delay.
However, the buyer should not continue to use the product on which he found the defect. In the case of defects occurring after purchase, they must be announced without undue delay after the defect is discovered, at the latest by the expiry of the warranty period. After the warranty period expires, the right to claim expires as well.
Wear characteristic of a given material or use is not considered a defect. This is not a defect if the nature of the item sold implies that its service life is shorter than the warranty period, and when the item is typically worn by regular use before the warranty period expires.
Instead of removing the defect, the buyer may require replacement of the item or, if the defect concerns only a part of the item, replacement of the part if this does not incur disproportionate costs considering the price of the goods or the severity of the defect. Instead of removing the defect, the seller may always replace the defective item with a nondefective item, unless this causes the buyer serious difficulties. If it is a defect that cannot be changed and which prevents the product from being properly used as a defect-free product, the buyer has the right to replace the product or withdraw from the contract. The same rights belong to the buyer in the case of removable defects, but if the buyer can not properly use the thing due to the re-occurrence of the defect after repair or for a larger number of defects. In the case of other irremovable defects, the buyer is entitled to a reasonable discount on the price of the item.
The seller shall exercise rights arising from liability for defects at NajTrade s.r.o., Němcovej 30, 040 01 Košice. However, if the warranty document states the warranty service that is closer to the seller or the buyer, the buyer will exercise the right to repair in the warranty service. The warranty service is obliged to repair the product within 30 days at the latest.
In case of a replacement, the warranty period shall commence once the new item has been handed over. The same applies if the part for which the warranty is provided is replaced.
Settlement of complaint means termination of the complaint procedure by handing over the repaired product, replacing the product, returning the purchase price of the product, paying a reasonable discount from the price of the product, a written call for acceptance or justified rejection.
When making a claim, the seller shall determine the method of handling the claim immediately or in complicated cases no later than 3 working days from the date of the claim, in justified cases, especially if a complex technical assessment of the product or service condition is required. Once the method of handling the complaint has been determined, the claim shall be settled immediately; in justified cases, the claim may be resolved later; however, the complaint must not be processed for more than 30 days from the date of the complaint. After the expiry of the period for settling the claim, the buyer has the right to withdraw from the contract or the right to exchange the product for a new product.
If the buyer has claimed the product within the first 12 months of the purchase, the seller may settle the claim by refusal only based on expert opinion; irrespective of the outcome of the expert assessment; he will not require the buyer to pay the expert assessment costs or other expert assessment costs. The seller is obliged to provide the buyer with a copy of the specialist opinion justifying the rejection of the complaint no later than 14 days from the date of handling the complaint. If the buyer lodged a product claim after 12 months of purchase and the seller has rejected it, the seller will indicate in the proof of the claim to whom the buyer can send the product for a professional opinion. If the product is sent for expert assessment to the designated person, the expert assessment costs, as well as all other related costs, shall be borne by the seller, regardless of the outcome of the expert assessment. If the buyer proves the seller's responsibility for the defect by expert judgment, he can complain again; the warranty period does not expire during the expert assessment. The seller is obliged to reimburse the buyer within 14 days from the date of filing the complaint all costs incurred for the expert evaluation, as well as all related costs reasonably incurred. A reclaimed claim cannot be rejected.
The seller is obliged to issue a confirmation to the buyer when making a claim. If the claim is made by e-mail, the seller is required to deliver the evidence of the claim immediately to the buyer; if it is not possible to provide the proof immediately, it must be delivered without undue delay and at the latest together with the evidence of complaint handling; the confirmation of the claim need not be provided if the buyer can prove the claim otherwise.
7. Return the products – Withdrawal from the contract with no reason
The buyer is entitled to withdraw from the contract without giving a reason within 14 days from the date of receipt of goods. Only the consumer can exercise this right.
Goods shall be deemed to have been received by the buyer at the moment when the buyer or a third party (other than the carrier) designated by the buyer accepts all parts of the ordered goods, or if (a) the goods ordered by the buyer in a single order are delivered separately, at the moment of acceptance of the last item delivered; (b) supplies the delivery of several parts or pieces; by the time of receipt of the last delivered part or last item, (c) supplies the goods repeatedly for a specified period, at the time of receipt of the first goods provided.
The buyer may withdraw from the contract, the subject of which is the delivery of goods, even before the start of the withdrawal period begins.
The buyer cannot withdraw from the contract, which is:
The buyer may exercise the right of withdrawal in writing or on another durable medium (e.g., by e-mail), or by submitting a completed form available at https://www.ekokapsule.sk/odstupenie-od-zmluvy.pdf.
The right of withdrawal may also be exercised by sending a notice of withdrawal on the last day of the 14 days.
Upon receipt of the notice of withdrawal, the seller shall reimburse the buyer within 14 days at the latest, all payments received by him under or in connection with the contract, including transport, delivery and shipping costs and other costs and charges. The seller will refund the payment in the same way that the buyer used to make the payment. The buyer may agree with the seller on another method of compensating.
The seller shall not be obliged to pay the buyer additional costs if the buyer has explicitly chosen a method of delivery other than the cheapest standard delivery method offered by the seller. Additional cost means the difference between the delivery cost selected by the buyer and the cost of the cheapest standard delivery method provided by the seller.
Upon withdrawal from the contract, the seller is not obliged to return to the buyer payments before the goods are delivered to him or until the buyer proves to send the goods back to the seller unless the seller suggests picking up the goods personally or through a person authorized by him.
The buyer is obliged to send the goods back or hand them over to the seller or the person authorized by the seller to take over the products within 14 days from the date of withdrawal. This period shall be deemed to be maintained if the goods were handed over for carriage no later than the last day of the period.
When withdrawing from the contract, the buyer bears only the cost of returning the goods to the seller or the person authorized by the seller to take over the products and also the cost of returning the goods, which due to its nature, cannot be returned by post.
The buyer shall be liable for any reduction in the value of the goods resulting from the handling of the goods beyond what is necessary to determine the characteristics and functionality of the products.
The buyer has the opportunity to test the functionality of the goods after the delivery, but he cannot use the products if he withdraws from the contract. To ascertain the nature, characteristics and functionality of the goods, the consumer should only manipulate and check the goods in such a way as they would be allowed to do so in a regular shop. The buyer is required to handle and control the products with due care during the withdrawal period.
8. Alternative dispute resolution
The buyer - consumer - has the right to contact the seller for redress (for example, by e-mail) if he is not satisfied with the way the seller handled his claim or if he believes the seller has violated his consumer rights. If the seller refuses to respond to this request or fails to respond within 30 days of its sending, the consumer has the right to file an alternative dispute resolution entity (ADR entity) according to Act 391/2015 Coll. ADR entities are bodies and authorized legal entities according to Section 3 of Act No. 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk. The consumer may submit a petition in the manner specified under Section 12 of Act No. 391/2015 Coll.
The consumer can also file a complaint through the ADR Alternative Dispute Resolution Platform, available online at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK
Alternative dispute resolution can only be used by a consumer - a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business, employment or profession. Alternative dispute resolution concerns only the dispute between the consumer and the seller arising out of or relating to the consumer contract. Alternative dispute resolution only applies to distance contracts concluded. ADR does not apply to disputes where the value of the dispute does not exceed 20 EUR. The ADR entity may require the consumer to pay a fee for initiating an ADR up to a maximum of 5 EUR with VAT.
9. Personal data protection
The purpose of processing personal data is to use it for the performance of the consumer contract, which the seller concludes with the buyer by placing an order in this online store. This consumer contract is also the legal basis for the processing of the buyer's data. The provision of the buyer's data is a contractual requirement that is necessary for the conclusion of the contract. The provision of personal data is a condition for purchase in the seller's e-shop. Failure to provide all required personal information to the seller may result in the purchase contract not being concluded.
In processing personal data, the seller shall proceed by Act no. 18/2018 on the protection of personal data and processes only personal data necessary for the conclusion of a consumer contract.
The seller processes the buyer's regular personal data.
The buyer's personal data are stored in the seller's information system for ten years.
The buyer has the right and the possibility to update personal data in the online mode on the website of the online store, in the customer section, after login, or in another form (by e-mail, in writing).
For the consumer contract, personal data may be provided to third parties - courier companies and the company that processes accounting documents.
Personal information of the buyer is not disclosed.
The seller may provide customer's personal information (to an extent: email address) to Heureka Shopping s.r.o., solely for the "Verified by Customer" program, to obtain feedback from the buyer regarding the purchase made in the seller's e-shop.
The buyer has the right to obtain confirmation from the seller what personal data of the buyer is processed in the seller's e-shop. The buyer has the right to gain access to such data as well as the purpose for which it is processed, what categories of data are processed, to whom personal data are provided, how long personal data is stored, whether automated individual decision making takes place, including profiling.
The first provision of the above personal data to the buyer is free of charge. Repeated provision of personal data requested by the buyer will be charged as an administrative fee of 5€.
The buyer may require the seller to correct or complete incomplete personal data concerning the buyer. The buyer may request the deletion of his data or a restriction on the processing of such data. The buyer may also object to the processing of personal data.
The processing of personal data of the buyer is also necessary for archiving (to fulfill the obligation of the seller based on the legislation of the Slovak Republic, for example, keeping the accounting documents for ten years). If the buyer requests the deletion of personal data processed in connection with the purchase contract, his application may be rejected.
The buyer has the right to have the seller restrict the processing of his data if the buyer disputes the correctness of the personal data during the period allowing the seller to verify the accuracy of the personal data.
The buyer has the right to obtain personal data concerning him, which he has provided to the seller in a structured, commonly used and machine-readable format. The buyer has the right to transfer this personal data to another operator, if technically possible.
The buyer has the right to object if his data are processed for direct marketing purposes. He may also object if his data are processed for the legitimate interest of the seller.
If the buyer suspects that his data are being processed illegally, he may file a petition to the Office for Personal Data Protection to initiate the personal data protection proceedings.
The above privacy on personal data information also applies to pre-contractual relationships (i.e., registration in an e-shop for future purchase or, for example, solicitation of a demand, quotation or information about the seller's goods and services).