TERMS AND CONDITIONS
of MOTOREN s.r.o.
- These Terms and Conditions (simply “Conditions”) lay down the rights and obligations of the parties under a purchase agreement concluded remotely by the seller and buyer for the purchase and sale of merchandise or services (“purchase agreement”). The Conditions form an integral part of such purchase agreement.
- Seller/operator is MOTOREN s.r.o., registered in the Commercial Register at Košice I District Court, Section: Sro, File no. 22026/V, with registered office at Myslavská 64/87, 040 16 Košice, Org. ID: 44229135, Tax ID: 2022632854, VAT ID: SK2022632854, phone no.: 00421 905 310 064, email: firstname.lastname@example.org (“seller”).
- Buyer is a natural person or legal entity that purchases products or uses services as a consumer or an entrepreneur.
- Consumer under §2 (a) of Act No. 250/2007 Coll. on Consumer Protection, as amended (“Consumer Protection Act”) is a natural person who is not conducting business activities, employment or a profession when concluding and performing a consumer contract.
- Entrepreneur under §2 (2) of Act No. 513/1991 Coll., the Commercial Code, as amended (“Commercial Code”) is:
- an entity registered in the Commercial Register,
- a person doing business based on a trade license,
- a person doing business on any basis other than trade licensing under relevant regulations,
- a physical person conducting agricultural work and registered in official records under a specific regulation.
- Eshop is the seller’s e-commerce website located at www.motoren.sk.
- The buyer agrees to the use of electronic means of communication, i.e. the e-shop and email, between the parties.
- Supervising Authority is:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Košice Region
Vrátna 3, P.O.BOX A-35, 040 65 Košice I
Phone no. 055/729 07 05, 055/622 76 55
Conclusion of a Purchase Agreement
- Typically delivered merchandise is presented on the e-shop website. The buyer may also request custom merchandise to their exact specifications, including the production of custom spare parts (“custom merchandise”). Parties interested in custom merchandise may submit their specifications and a request for a quotation to the seller via email at: email@example.com.
- Merchandise offered by the seller may be ordered using the electronic order form in the e-shop or via email.
- The buyer simply puts the selected item in the e-shop into their basket by clicking “Buy” icon. To complete their purchase, the buyer goes to the checkout, where they may complete their order with or without registration. They then provide their invoicing details, select a type of shipping and payment method. After checking a summary of their order, the buyer places the order by clicking on “Send order with obligation to make payment”. The buyer can review or amend their order before placing it.
- An order completed via email should contain the following details:
- First and last name of the buyer
- Mailing address for delivery of the merchandise
- Phone number or email address
- Ordering code or exact name of the merchandise
- Quantity of each merchandise line item
- Order date
- Method of payment
- Shipping method
and, for entrepreneurs or other business entities, also:
- Org. ID and the company’s Slovak Tax ID code
- Contact person and phone number
- Invoicing address (if different from mailing address).
- Orders placed using any means of remote communication are binding. By placing an order, the buyer affirms they are aware that an order includes the obligation to pay the purchase price.
- The seller automatically confirms the receipt of orders. A purchase agreement is considered concluded upon receipt of order confirmation. Such concluded purchase agreement is binding and may only be amended or cancelled upon the agreement of both parties, under the terms hereof or for statutory reasons.
- The buyer has the right to cancel an order that has not shipped without providing a reason and at no charge by sending an email to firstname.lastname@example.org. When cancelling an order, the customer must provide basic details to identify the order, the order number, date placed and the first and last name (or simply name) of the buyer.
- If the customer cancels a paid order, the seller shall refund the amount paid in advance within 14 days of receipt of notice of order cancellation from the buyer and to the buyer’s account from which payment was made.
User Account and Loyalty Program
- The buyer may register on www.motoren.sk when placing orders or otherwise. Registration leads to the creation of a user account that contains the personal data of the registered user and details of their purchases.
- Registered users receive discounts on additional purchases when their total purchases total the following values exclusive of VAT:
- A 10% discount on total orders of € 1 500 excl. VAT
- A 15% discount on total orders of € 5 000 excl. VAT
- A 20% discount on total orders of € 10 000 excl. VAT
An order is only considered included in the about program if properly place, paid in a full and timely manner by the buyer and if the buyer did not withdraw from such agreement.
- A registered user may request the deletion of their user account by sending a request to email@example.com.
Rights and Obligations of the Parties
- The parties are the buyer and seller.
- The buyer shall:
- accept the ordered merchandise at the place of delivery;
- pay the agreed price for the merchandise to the seller within the payment terms, including shipping costs.
- The seller shall:
- deliver the merchandise to the buyer in the agreed quality, quantity and at the agreed price;
- to send the buyer an original invoice, which functions as a tax receipt. The original invoice functions as the delivery note and warranty card.
- The prices of individual products displayed in the e-shop are current and valid. They are presented inclusive of VAT as the seller is a registered VAT payer.
- The price for custom merchandise is calculated individually upon request and based on the customer’s specifications.
- The price is final and includes all taxes and shipping and handling fees. Given that the shipping price depends on various circumstances (e.g. weight and destination country), it cannot be specified exactly when an order is placed. The exact shipping charges will be specified when the merchandise is shipped.
- The customer is sent an original invoice, i.e. a tax receipt, together with the merchandise. The original invoice functions as the delivery note and warranty card.
- The buyer may select the following forms of payment with delivery to Slovakia or the Czech Republic:
- payment in advance via bank transfer
The buyer must pay the agreed price in advance via bank transfer if the value of their order is less than €13 exclusive of shipping and handling charges and for delivery to other countries; COD is not available. Payment terms shall be notified to the buyer once their order is received. The merchandise is shipped after payment if payment is made in advance via bank transfer.
- The seller commits to ship merchandise within 2 business days from the conclusion of the agreement and, if payment is made in advance via bank transfer, from the date on which the corresponding amount is credited to the seller’s bank account. Shipping periods depends on the selected type of shipping and country of delivery.
- For custom merchandise, the delivery period will be determined with the buyer on a case-by-case basis.
- The buyer will be notified when their order ships via email.
- If the merchandise cannot be delivered within the specified period, the parties may agree on an additional delivery period.
- The buyer shall accept the merchandise at the place of delivery specified in the order, in person or have an authorised representative pick up their order. The parties may agree subsequently on another place of delivery or shipping method.
- The seller is not liable for delay in the delivery of the merchandise or services and for damages due to the buyer not providing all the required details and/or providing incorrect required details in the order when placing their order electronically or over the phone.
- The seller shall charge handling fees of €3.30. Shipping charges shall be specified at the time of shipment of the merchandise, as they depend on several conditions (e.g. weight and destination country). Merchandise is sent via Slovak Post. Its list prices are published online athttps://cennik.posta.sk/.
- Orders may be picked up in person at the following address: Hospodársky dvor PD, Janovik 120, Prešov. Payment in advance to the seller’s bank account is required to pick up orders in person.
- The carrier is liable for any damages from the moment the order is turned over to the carrier for shipment. Therefore, the buyer or their authorised representative shall inspect the order when taking delivery to ensure the package in which the order is packed is not damaged. If damaged, the buyer may refuse to take delivery or accept the order and complete a record documenting the damages caused during transport together with the courier.
- If the buyer identifies damages or other defects in an order after receipt, it shall notify such fact without any undue delay via email to firstname.lastname@example.org .
- If the buyer does not take delivery of their order at the agreed time, the seller may seek payment of a storage fee.
Transfer of Title and Risks of Damages to the Order
- The buyer acquires title to the order upon receipt at the place of delivery it specified.
- Risks of damages to the merchandise transfer to the buyer at the time received from the seller.
Withdrawal from an Agreement
- Withdrawal from an agreement by a consumer is subject to relevant provisions of Act No. 102/2014 Coll.
- The consumer may withdraw from an agreement concluded remotely or outside of the seller’s premises without providing a reason within 14 days from the receipt of such order.
- The consumer may withdraw from an agreement for the delivery of an order before the term for withdrawal from such agreement begins.
- Under §7 (6)(c) of Act No. 102/2014 Coll., the consumer may not withdraw from an agreement for the sale of merchandise completed per the buyer’s specifications, custom merchandise or merchandise intended for a single buyer. In accordance herewith and the provisions of the provisions of the act specified above, it is not possible to withdraw from an agreement for the delivery of custom merchandise.
- The consumer may exercise their right to withdraw from the agreement with the seller in writing or via email. The consumer may use the form for withdrawal from an agreement.
- Legal actions directed at withdrawal from an agreement may be sent in hard copy form to the following address:
Hospodársky dvor PD, Janovik 120, 082 03 Prešov
or email to email@example.com.
- The period for withdrawal is considered intact if notification of withdrawal was sent to the seller on the final day of such term at the latest.
- The consumer shall send the merchandise back or return it to the seller or a party authorised by the seller to receive such merchandise within 14 days of withdrawal at the latest. This term is considered intact if the merchandise is turned over for shipping by the last day of such term at the latest. The consumer shall send the merchandise/turn over the merchandise in person to the seller at the following address:
Hospodársky dvor PD, Janovik 120, 082 03 Prešov
If the merchandise is returned in person, the seller must be contacted in advance to arrange a time to return the merchandise.
- The seller shall refund all payments to the buyer without any undue delay and within 14 days of receipt of the notification of withdrawal that were originally received based on the contract or in relation thereto. The parties may agree that the order be substitutes with other merchandise that is offered at the same value instead of a refund of the purchase price.
- Upon withdrawal from an agreement for the sale of merchandise, the seller has no obligation to refund the consumer any payments before the order is returned or the consumer demonstrates that the order has been shipped back to the seller unless the seller proposes to pick up the merchandise in person or through an authorised party.
- The seller is not obliged to pay the consumer for any additional costs if the consumer selects any other method of shipping from the seller as the least expensive standard method of shipment offered by the seller. Additional costs are defined as the difference between the costs for shipping selected by the consumer and the costs for the least expensive standard method of shipment offered by the seller.
- The consumer covers all costs for returning the order to the seller or the party authorised by the seller to accept the order back in the event of withdrawal.
- The consumer is responsible for any reduction in the value of the order resulting from its handling of the merchandise outside of the framework necessary to identify the properties and functionality of such merchandise in the event of withdrawal.
- The seller recommends that the buyer insure their order if it is being returned. The risks associated with damage to the merchandise being returned are borne by the buyer until the merchandise is received and accepted by the seller.
- The seller reserves the right to refuse to take delivery of merchandise sent by the buyer COD.
- Withdrawal by an entrepreneur is subject to applicable provisions of the Commercial Code.
- Legal matters that arise between the buyer and seller related to the use of the e-shop and the conclusion of an agreement are subject to Slovak laws.
- The parties to such agreement agree that any dispute shall be subject to the jurisdiction of Slovak courts.
- If a dispute arises between the seller and a consumer, the consumer may request the seller provide remedy if the consumer is not satisfied with the way the claim is resolved, or if the consumer believes that the seller violated its rights. The request for remedy may be sent electronically via email to firstname.lastname@example.org. or by post to the seller’s address. If the seller rejects the request or does not respond within 30 days from the date it is sent, the consumer has the right to commence alternative dispute resolutions with any alternative dispute resolution entity.
- Alternative dispute resolution is covered in more detail in Act No. 391/2015 Coll. on Alternative Dispute Resolution.
- The consumer may submit a request to commence alternative dispute resolution to a legal entity registered in the list maintained by the Ministry of Interior of the Slovak Republic, such as the Slovak Trade Inspection (www.soi.sk).
- A consumer may also submit a complaint via the RSO alternative dispute resolution platform operated by the EU. A complaint is filed by completing the online form at http://ec.europa.eu/consumers/odr/index_en.htm. The consumer has the right to choose from the available alternative dispute resolution entities.
- Only the consumer may seek to resolve a dispute via an alternative dispute resolution entity.
- Such alternative dispute resolution entity may reject such request in the instances defined by law, for instance of the disputed amount is less than €20 or if the consumer files its request after one year has passed from receiving refusal from the seller or after the expiration of the 30-day term to respond to its request.
- Alternative dispute resolution is always free-of-charge. An alternative dispute resolution entity may request that the consumer pay a fee of up to €5 to commence the alternative dispute resolution process.
- Alternative dispute resolution entities shall process in such process so that the dispute is resolved as quickly as possible, avoiding any unnecessary delays, while acting in an efficient manner without placing any unnecessary or excessive burdens on the parties to the dispute and other parties; if possible, the phone contact details and electronic means shall be prioritised within communication.
- The alternative dispute resolution entity shall terminate the alternative resolution of the dispute within 90 days from the start of the process. In particularly complex cases, the alternative dispute resolution entity may extend the term defined in the first sentence above by an additional 30 days, repeatedly if necessary. The alternative dispute resolution entity shall immediately inform the parties to the dispute of the reason for any extension to the term specified above.
- If the parties cannot reach an agreement and the alternative dispute resolution entity reaches the justifiable conclusion based on the circumstances identified in the alternative dispute resolution process that the seller violates the consumer’s rights under regulations applicable to the protection of consumer rights, alternative dispute resolution is terminated by using a non-binding reasoned opinion.
Seller’s Responsibility for Defects and Claims
- The seller’s responsibility for defects and claims are subject to applicable provisions of the claims procedure adopted by the operator and published on the website www.motoren.sk .
- The purchase agreement is concluded for a fixed term ending upon full discharge of the duties of both parties under the purchase agreement and these Conditions, which form an integral part thereof.
Personal Data Protection
- The seller processes your personal data in accordance with the EU's GDPR and Act No. 18/2018 Coll. on Personal Data Protection. Information on the processing of personal data is published in the Personal Data Protection section.
- These Conditions apply in the form published at www.motoren.sk on the date the buyer places its order.
- The operator reserves the right to change these Conditions at any time required based on its business policy or valid legislation.
- Legal matters between the buyer and seller not specifically covered herein are subject to applicable provisions of Act No. 40/1964 Coll., the Commercial Code, as amended (“Commercial Code”), the Consumer Protection Act (Act No. 102/2014 Coll. on Consumer Protection in the sale of merchandise or services based on a contract concluded remotely or concluded outside of the seller’s place of business and on amendment of certain acts, as amended), and any other related regulations.
- Legal matters between an entrepreneur as the buyer and the seller not specifically covered herein are subject to applicable provisions of the Commercial Code.
- These Conditions were written by the law firm of Lanikova Group, s.r.o. for the operator of the e-commerce website www.motoren.sk, and are protected under Act No. 185/2015 Coll., the Copyright Act, as amended. Any use of this copyrighted work without the consent of the author, including but not limited to copying, publication, modification, dissemination, or otherwise misusing such content is prohibited.
- These Conditions enter into force and take effect on 1 August 2018..
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