These terms and conditions apply to distance contracts concluded using e-commerce website https://www.heropainting.eu/ between trader and the consumer and are subject to Consumer Protection Act No. 102/2014.
The trader is: Prognessa s.r.o., Slobody 27 980 22 Veľký Blh, Slovak Republic. Company ID 51700263, Tax registration no.: SK2120756297 e-mail: firstname.lastname@example.org
The trader is registered in the Commercial registry of the District court Banská Bystrica, oddiel: Sro, vložka č. 34263/S.
The consumer is any natural person who is acting outside his trade, business, craft or profession.
The supervisory authority for consumer protection is Slovak Trade Inspection (Inšpektorát SOI pre Bratislavský kraj), Prievozská 32, P.O. Box 5,820 07 Bratislava 27, Slovak Republic.
All contracts between trader and consumer are subject to Slovak Republic laws.
PLACING AND ORDER AND CONTRACT CONCLUSION
Placing an order is considered as a contract proposal, based on the trader’s offer published on the e-commerce website. The contract is concluded by sending the order confirmation from the trader.
PRICES OF GOODS
All the prices on the e-commerce website are the final prices inclusive of taxes. The trader is a registered VAT payer. The product price includes the delivery costs.
By placing the order, the consumer is obliged to pay for the ordered goods.
DELIVERY OF GOODS
If the delivery date is not shown on product webpage, the trader will deliver goods as soon as possible, but not later than 30 days from the day of the conclusion of the contract.
The goods is considered as delivered on the day on which the consumer or a third party (other than the carrier and indicated by the consumer) acquires physical possession of the goods or a) in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer (or a third party other than the carrier and indicated by the consumer) acquires physical possession of the last good,
b) in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer (or a third party other than the carrier and indicated by the consumer) acquires physical possession of the last good;
c) in the case of contracts for regular delivery of goods during defined period of time, the day on which the consumer (or a third party other than the carrier and indicated by the consumer) acquires physical possession of the first good.
GUARANTEE FOR FAULTY GOODS
The trader is responsible for any fault present on goods on the day of delivery. The trader is not responsible for faults caused by using by the customer. If the goods is sold with discount, the trader is not responsible for any fault for which the discount is applied. The trader is also responsible for faults on goods that would come to being after purchase within the guarantee period (except the goods that is liable to deteriorate or expire rapidly).
The consumer has the right to a 24-months guarantee. The guarantee for second-hand goods is 12 months. The guarantee for services is 3 months. The guarantee for goods, made to the consumer’s specifications, is 24 months. The guarantee for goods labeled with expiry date will not expire before this date. Goods which is liable to deteriorate or expire rapidly should be reclaimed not later than the day after day of purchase.
The guarantee in written is provided on request. The proof of purchase is sufficient for a guarantee claim.
The guarantee period starts from the date of delivery or from the day on which the consumer (or a third party other than the carrier and indicated by the consumer) acquires physical possession of the good.
The trader is obliged to provide the solution to guarantee claim within 30 days. The trader will provide repair or replacement, according to the consumer’s wishes, within a reasonable time frame (not later than 30 days) and free of charge. If repair or replacement is impossible, the trader will provide refund or reduction of the purchase price.
The consumer must act within a reasonable period of noticing the defect but there is no specific deadline other than the legal prescription period of 2 years. The consumer should not continue to use the faulty goods.
If the goods turns out to be faulty or does not work as advertised, the trader will repair or replace the goods free of charge or may give consumer a price reduction or a full refund. Partial or full refund applies when it is not possible to repair or replace the goods. The consumer is not entitled to a refund if the problem is minor (such as scratch that does not prevent the goods from using).
The trader will give consumer a choice between having the product repaired or having it replaced – unless either solution is disproportionate. If neither solution is practicable, the consumer can demand a refund.
The consumer should claim the guarantee at the seat of the trader. If the written guarantee states repair center, the consumer may claim the guarantee at the address of the repair center. The repair center is obliged to repair the faulty goods within 30 days.
If the goods have been replaced, a new 2-year legal guarantee begins.
The guarantee claim is considered as solved by delivery of repaired goods, by delivery of replaced goods, by full refund, by paying a reasonable price reduction, by formal written notice for fulfillment, or by valid rejection.
The trader must prove that the goods was not defective for the first year after the delivery of the product by paying for an expert opinion and providing a copy to the consumer. After that, the consumer must prove that it was defective.
When claiming guarantee, the trader will provide a written confirmation. If the guarantee is claimed by e-mail, the trader will send the confirmation as soon as possible or together with confirmation of claim solution at the latest. If the consumer can prove the guarantee claim by other means, the confirmation is not necessary.
RETURNING GOODS – WITHDRAWAL FROM A CONTRACT WITHOUT REASON
The consumer has a period of 14 days to withdraw from a distance contract without giving any reason.
In case of contracts for goods, the consumer may withdraw from a contract before the period starts to apply.
Exceptions from the right of withdrawal:
the supply of goods made to the consumer’s specifications or clearly personalized;
Before the expiry of the withdrawal period, the consumer should inform the trader of his decision to withdraw from the contract. For this purpose, the consumer may use the withdrawal form or make any other unequivocal statement setting out his decision to withdraw from the contract. The withdrawal form is available at [withdrawal form].
The consumer shall have exercised his right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by the consumer before that period has expired.
The trader will reimburse all payments received from the consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract. The trader will carry out the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such reimbursement.
The trader is not required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader.
Unless the trader has offered to collect the goods himself, with regard to sales contracts, the trader may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
The consumer should send back the goods or hand them over to the trader or to a person authorized by the trader to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to the trader. The deadline will be met if the consumer sends back the goods before the period of 14 days has expired.
The consumer will only bear the direct cost of returning the goods unless the trader has agreed to bear them or the trader failed to inform the consumer that the consumer has to bear them.
The consumer is only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
In order to establish the nature, characteristics and functioning of the goods, the consumer should only handle and inspect them in the same manner as he would be allowed to do in a shop. For example, the consumer should only try on a garment and should not be allowed to wear it. Consequently, the consumer should handle and inspect the goods with due care during the withdrawal period.
ADR – ALTERNATIVE DISPUTE RESOLUTION
If the consumer has a problem with a product or service that he bought (e.g. when a trader refuses to repair a product or to make a refund to which a consumer is entitled), he may ask the trader for a solution. If the trader denies to solve the problem or does not respond within 30 days, the consumer may use the alternative dispute resolution (ADR) and may contact the ADR entity. The list of ADR entities is available at Ministry of Economy of the Slovak Republic website www.mhrsr.sk. The consumer may file a case based on the regulation given by the ADR Act No. 391/2015.
The consumer may also use the online RSO platform available online at http://ec.europa.eu/consumers/odr/index_en.htm..
Only consumer may use the ADR platform and only if it concerns disputes between consumer and trader regarding the distance contracts. ADR involves only disputes where the value of the dispute exceeds 20 EUR. The ADR entity may ask consumer to pay the fee before processing the dispute (maximum 5 EUR incl. VAT).