General Terms and Conditions
I.
General Provisions
1. These General Terms and Conditions (hereinafter referred to as the Terms and Conditions ) are in accordance with the provisions of Act No. 40/1964 Civil Code as amended (hereinafter referred to as the Civil Code ), Act No. 250/2007 on consumer protection and on amendments to Act No. 372/1990 on offenses, as amended by subsequent legislation (hereinafter referred to as the Consumer Protection Act ), Act No. 102/2014 on consumer protection in distance selling and off-premises contracts and on amendments to certain acts (hereinafter referred to as the Distance Selling Consumer Protection Act ).
MDN Special s.r.o.
CIN: 53260406 (IČO)
TIN: 2121320509 (DIČ)
VAT: SK2121320509 (IČ DPH)
with its registered office at: Turová 52, 962 34 Turová, registered in the Commercial Register of the Banská Bystrica District Court under file number 13/Re/768/2020
contact details: MDN Special s.r.o.
email: info@mdnspecial.com
telephone: +421 902 528 628
www.mdnspecial.com.
(hereinafter referred to as the Seller )
2. These Terms and Conditions govern the mutual rights and obligations between the Seller and an individual who enters into a purchase agreement (hereinafter referred to as the Buyer ) through the website interface located on the website available at www.mdnspecial.com (hereinafter referred to as the Online Store ).
3. The provisions of the Terms and Conditions are an integral part of the purchase agreement. Any different provisions in the purchase agreement shall take precedence over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the purchase agreement are concluded in English.
II.
Information about Products and Prices
1. Information about products, including the prices of individual products and their main characteristics, is provided for individual products in the catalog of the Online Store. Product prices are stated including value added tax, all related fees and costs for returning goods, if such goods cannot be returned by mail by their nature. Product prices remain valid for the period they are displayed in the Online Store.
2. All presentations of products placed in the catalog of the Online Store are of an informative nature and the Seller is not obliged to conclude a purchase agreement for such products.
3. Information on the costs associated with packing and delivery of goods is published in the Online Store. Shipping prices are calculated based on the weight of the package.
4. Any discounts from the purchase price of goods may not be combined with each other, unless otherwise agreed between the Seller and the Buyer.
III.
Order and Conclusion of the Purchase Agreement
1. The costs incurred by the Buyer in using communication channels at a distance in connection with the conclusion of the purchase agreement (costs of internet connection, telephone costs) shall be borne by the Buyer himself. These costs are not different from the basic rate.
2. The Buyer places an order for goods in the following ways:
• through his customer account, after prior registration in the Online Store,
• by filling out the order form without registration.
3. When placing an order, the Buyer selects the goods, the number of items, the method of payment and delivery.
4. Before submitting the order, the Buyer is allowed to check and change the data he has entered into the order. The Buyer sends the order to the Seller by clicking on the button “Order with obligation to pay”. The data stated in the order are considered by the Seller to be correct. A condition for the validity of the order is the filling in of all mandatory data in the order form and the Buyer s confirmation that he has read these Terms and Conditions.
5. Immediately after receiving the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address specified by the Buyer when ordering. This confirmation is automatic and does not constitute the conclusion of a contract. An annex to the confirmation is the Seller s current Terms and Conditions. The purchase agreement is concluded only after the receipt of the order by the Seller. The notice of order acceptance is delivered to the Buyer s email address.
6. If the Seller is unable to fulfill any of the requirements stated in the order, he shall send the Buyer a revised offer to his email address. The revised offer shall be considered a new proposal for a purchase agreement and the purchase agreement shall in such case be concluded only upon confirmation by the Buyer of his acceptance of this offer to the Seller s email address specified in these Terms and Conditions.
7. All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer receives the notice of order acceptance from the Seller. The Buyer may cancel the order by phone to the Seller s phone number or email address listed in these Terms and Conditions.
8. In case of an obvious technical error on the Seller s side in stating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this clearly erroneous price. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer a revised offer to his email address. The revised offer shall be considered a new proposal for a purchase agreement and the purchase agreement shall in such case be concluded only upon confirmation by the Buyer to the Seller s email address.
IV.
Customer Account
1. Upon registration of the Buyer in the online store, the Buyer may access his customer account. From his customer account, the Buyer may place orders for goods. The Buyer may also order goods without registration.
2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update any changes to the data in the user account. The data provided by the Buyer in the customer account and when ordering goods are considered by the Seller to be correct.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
4. The Buyer is not authorized to allow third parties to use the customer account.
5. The Seller may cancel the user account, especially in case the Buyer does not use his user account for a long time or in case the Buyer breaches his obligations under the purchase agreement or these Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available continuously, especially due to the necessary maintenance of the Seller s hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
V.
Payment Terms and Delivery of Goods
1. The Buyer may pay the price of the goods and any related delivery costs under the purchase agreement in the following ways:
• Non-cash transfer to the Seller s bank account: No. 5173481554/0900 held in Slovenská Sporiteľňa, a.s.
• Non-cash transfer to the Seller s account through the GoPay payment gateway
• Cash on delivery upon receipt of the goods
• In cash upon personal collection at the store
2. In addition to the purchase price, the Buyer is obliged to pay the Seller the costs associated with packing and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
3. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days of the conclusion of the purchase agreement.
4. In the case of payment through the payment gateway, the Buyer shall proceed in accordance with the instructions of the respective provider of electronic payments.
5. In the case of non-cash payment, the Buyer s obligation to pay the purchase price is fulfilled at the moment the respective amount is credited to the Seller s bank account.
6. The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before the goods are shipped is not a deposit.
7. The goods are delivered to the Buyer:
• To the address specified by the Buyer in the order
• Through a parcel shop to the address of the parcel shop specified by the Buyer
8. The choice of delivery method is made during the ordering of the goods.
9. The delivery costs of the goods depending on the method of dispatch and receipt of the goods are stated in the Buyer s order and in the Seller s order confirmation. If the method of transport is agreed upon at the Buyer s special request, the Buyer bears the risk and any additional costs associated with this method of transport.
10. If the Seller is obliged under the purchase agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If, due to reasons on the Buyer s side, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another method of delivery.
11. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the goods packaging and, in case of any defects, to notify the carrier immediately. In case of damage to the packaging indicating unauthorized access to the shipment, the Buyer is not obliged to take over the shipment from the carrier.
12. The Seller shall issue a tax document - invoice to the Buyer. The tax document is attached to the delivered goods.
13. The Buyer acquires ownership of the goods upon payment of the entire purchase price for the goods, including delivery costs, but at the earliest upon receipt of the goods. Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of receipt of the goods or at the moment when the Buyer was obliged to take over the goods, but did not do so in breach of the purchase agreement.
VI.
Withdrawal from the Contract
1. The Buyer who has entered into a purchase agreement outside his business activity as a consumer has the right to withdraw from the purchase agreement.
2. If the purchase agreement is concluded at a distance (through the online store) or outside the Seller s premises, and at the same time if the Seller has provided the Buyer with timely and proper information about the right to withdraw from the purchase agreement, the conditions, time limit and procedure for exercising the right to withdraw from the purchase agreement, including the withdrawal form from the purchase agreement (in accordance with the provisions of § 3 para. 1 h) of the Consumer Protection Act when selling at a distance) and at the same time fulfilling the statutory requirements, the Buyer has the right under the Consumer Protection Act when selling at a distance to withdraw from the purchase agreement without giving any reason and without any penalty.
3. The withdrawal period is 14 days:
• from the moment of receipt of the goods that were delivered last, if the subject of the purchase agreement is goods ordered separately.
• from the moment of receipt of the last part or last piece if the subject of the purchase agreement is several types of goods or the delivery of several parts.
• from the moment of receipt of the first delivered goods, if the subject of the purchase agreement is goods that are delivered during a specified period.
4. The Buyer acknowledges that in accordance with the provisions of § 7 para. 6 of the Consumer Protection Act when selling at a distance, he cannot, among other things, withdraw from the purchase agreement:
• provision of services, if their provision has begun with the express consent of the consumer and the consumer has declared that he has been properly informed that by expressing this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided.
• the sale of goods or the provision of services, the price of which depends on fluctuations in prices on the financial market, which the seller cannot influence, and which may occur during the withdrawal period.
• the sale of goods made according to the consumer s special requirements, custom made goods or goods intended specifically for one consumer.
• the sale of goods that are subject to rapid deterioration or spoilage.
• the sale of goods packed in a protective packaging that is not suitable for return due to health protection or hygiene reasons and the protective packaging of which has been broken after delivery.
• the sale of goods that may be inseparably mixed with other goods after delivery due to their nature.
• the sale of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, while their delivery can only be made after 30 days and their price depends on fluctuations in the market that the seller cannot influence.
• carrying out urgent repairs or maintenance that the consumer has expressly requested from the seller; this does not apply to contracts for services and contracts the subject of which is the sale of goods other than spare parts necessary for the repair or maintenance if they were concluded during the seller s visit to the consumer and the consumer did not order these services or goods in advance.
• the sale of sound recordings, video recordings, audiovisual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging.
• the sale of periodicals with the exception of sales based on a subscription agreement and the sale of books not delivered in protective packaging.
• the provision of electronic content other than on a physical carrier, if its provision has begun with the express consent of the consumer and the consumer has declared that he has been properly informed that by expressing this consent he loses the right to withdraw from the contract.
5. To comply with the withdrawal period from the purchase agreement, the Buyer must send any unambiguous statement expressing his intention to withdraw from the purchase agreement within the specified period according to paragraph 3 of Article VI of these Terms and Conditions.
6. To withdraw from the purchase agreement, the Buyer may use the sample withdrawal form from the purchase agreement provided by the Seller. The Buyer shall send the withdrawal from the purchase agreement to the Seller s email or delivery address stated in these Terms and Conditions. The Seller shall immediately confirm receipt of the form to the Buyer.
7. The Buyer who has withdrawn from the purchase agreement is obliged to return the goods to the Seller within 14 days of withdrawing from the purchase agreement. The Buyer bears the costs of returning the goods to the Seller, even if the goods cannot be returned by mail due to their nature.
8. If the Buyer withdraws from the purchase agreement, the Seller shall immediately, but no later than 14 days from the withdrawal from the purchase agreement, return to the Buyer all funds, including the delivery costs, which he received from him, in the same way. The Seller shall return the received funds to the Buyer in another way only if the Buyer agrees and if this does not incur any additional costs.
9. If the Buyer has chosen a different method of delivery of goods than the cheapest one offered by the Seller, the Seller shall refund to the Buyer the shipping costs of the goods in the amount corresponding to the cheapest offered method of delivery of the goods.
10. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the received funds to the Buyer until the Buyer hands over the goods to him or proves that he has sent the goods to the Seller.
11. The Buyer must return the goods to the Seller undamaged, unused and unsoiled and, if possible, in the original packaging. The Seller is entitled to unilaterally set off any claim for damages to the goods against the Buyer s claim for the return of the purchase price.
12. The Seller is entitled to withdraw from the purchase agreement due to stockout, unavailability of goods, or if the manufacturer, importer or supplier of goods has discontinued the production or import of goods. The Seller shall immediately inform the Buyer of this fact by email to the address specified in the order and shall return all funds, including shipping costs, received from him on the basis of the contract within 14 days of the notification of withdrawal from the purchase agreement, in the same way or in a way specified by the Buyer.
VII.
Rights Arising from Defective Performance
1. The Seller warrants to the Buyer that the goods are free from defects upon acceptance. In particular, the Seller is responsible to the Buyer that at the time the Buyer takes over the goods:
• the goods have the properties that the parties have agreed upon, and if there is no agreement, the goods have the properties that the Seller or manufacturer has described or that the Buyer expected based on the nature of the goods and on the advertising carried out by them,
• the goods are suitable for the purpose for which the Seller states them or for which goods of the same type are commonly used,
• the goods correspond in quality or workmanship to the agreed-upon sample or model, if the quality or workmanship was determined according to the agreed-upon sample or model,
• the goods are in the correct quantity, measure or weight.
2. The Seller s obligations arising from defective performance shall be at least as extensive as the manufacturer s obligations arising from defective performance. Otherwise, the Buyer is entitled to assert a
3. If a period during which the goods can be used is stated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality warranty shall apply. By the quality warranty, the Seller undertakes that the goods will be fit for their usual purpose for a certain period of time or that they will retain their usual properties. If the Buyer has rightly notified the Seller of a defect in the goods, the period for asserting rights arising from defective performance or the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
4. The provisions of the previous paragraph of these Terms and Conditions shall not apply:
• to goods sold at a lower price due to a defect for which the lower price was agreed upon,
• to wear and tear of the goods caused by their normal use,
• to used goods for a defect corresponding to the degree of wear and tear that the goods had when the Buyer took them over,
• or if it follows from the nature of the goods.
The Buyer is not entitled to any right arising from defective performance if he knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect himself.
5. In the event of a defect, the Buyer may file a complaint with the Seller and demand:
• replacement of the goods with new goods,
• repair of the goods,
• an appropriate discount on the purchase price,
• withdrawal from the contract.
6. The Buyer has the right to withdraw from the contract:
• if the goods have a substantial defect,
• if the Buyer cannot use the goods properly due to a repeated occurrence of the defect or defects after repair,
• in case of a larger number of defects of the goods.
7. A substantial breach is such a breach of the purchase contract that the breaching party knew or should have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen such breach.
8. In the case of a defect that constitutes a non-substantial breach of the contract (regardless of whether the defect is remediable or irremediable), the Buyer is entitled to have the defect remedied or to receive an appropriate discount on the purchase price.
9. If a remediable defect occurs again after repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a larger number of defects (usually at least three defects at the same time), the Buyer has the right to demand a discount on the purchase price, replacement of the goods, or withdrawal from the contract.
10. When filing a complaint, the Buyer is obliged to inform the Seller of the remedy he has chosen.
11. If repair or replacement of the goods is not possible, the Buyer may demand a full refund of the purchase price on the basis of withdrawal from the contract.
12. If the Seller proves that the Buyer knew about the defect of the goods before taking over the goods or caused the defect himself, the Seller is not obliged to comply with the Buyer s request.
13. The Buyer cannot file a complaint for discounted goods for the reason for which the goods are discounted.
14. The Seller is obliged to accept complaints at any of its establishments where complaints can be accepted, or at its registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer stating when the Buyer exercised his right, what the content of the complaint is and what method of handling the complaint the Buyer requests, as well as a confirmation of the date and method of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint.
15. The Seller or his authorized representative shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonably necessary for expert assessment of the defect, depending on the type of product or service. The complaint, including the removal of the defect, must be dealt with without delay, but no later than 30 days from the date of filing the complaint, unless the Seller and the Buyer agree on a longer period. Failure to meet this deadline shall be considered a substantial breach of contract and the Buyer shall have the right to withdraw from the purchase contract. The moment of filing the complaint shall be considered the moment when the Buyer s expression of will (assertion of the right arising from defective performance) reaches the Seller.
16. The Seller shall inform the Buyer of the outcome of the complaint in writing.
17. The Buyer is not entitled to any rights arising from defective performance if the Buyer knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect himself.
18. In the case of a justified complaint, the Buyer has the right to reimbursement of any reasonable expenses incurred in connection with the filing of the complaint. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period, otherwise the court may not recognize it.
19. The Buyer has the choice of how to file a complaint.
VIII.
Delivery
1. The Parties may exchange all written correspondence electronically.
2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in his customer account or order.
IX.
Personal Data
1. All information that you provide us with in the course of our cooperation is confidential and will be treated accordingly. We will not use your data for any other purpose than the fulfillment of the contract, unless you give us your written consent, except for the email address to which commercial communications may be sent to you, as this procedure is allowed by law, unless you refuse it. These notifications may only relate to similar or related goods and may be unsubscribed at any time in a simple manner (by letter, email or clicking on a link in the commercial notification). The email address will be kept for this purpose for 3 years from the conclusion of the last contract between the Parties.
X.
Out-of-Court Dispute Resolution
1. The Slovak Trade Inspection, with its registered office at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, internet address: https: www.soi.sk/, is responsible for out-of-court consumer disputes arising from the purchase contract. The Online Dispute Resolution Platform available at https: ec.europa.eu/consumers/odr/main/?event=main.home2.show can be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.
2. The European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, internet address: https: portal.gov.cz/en/asistencni-sluzby/evropske-spotrebitelske-centrum-ASL-2, is a contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directives 2009/22/EC (Online Dispute Resolution Regulation).
3. The Seller is authorized to sell goods on the basis of a trade license. The trade license is controlled by the competent trade office within its jurisdiction. The Slovak Trade Inspection, among other things, supervises compliance with the Consumer Protection Act and the Distance Selling Consumer Protection Act within a defined scope.
XI.
Final Provisions
1. All agreements between the Seller and the Buyer shall be governed by the laws of the Slovak Republic. If the relationship based on the purchase contract contains an international element, then the Parties agree that the relationship shall be governed by the law of the Slovak Republic. This shall not affect the rights of the consumer arising from generally binding legal regulations.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 3 para. 1 letter n) of the Distance Selling Consumer Protection Act.
3. All rights to the Seller s websites, in particular copyrights to the content, including the layout of the page, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the websites or any part thereof without the Seller s consent.
4. The Seller shall not be liable for any errors caused by interference by third parties in the online store or by its use in a manner contrary to its intended purpose. The Buyer may not use procedures when using the online store that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere with or misuse the software or other components that make up the online store and use the online store or its parts or software in a manner that is contrary to its intended purpose or use.
5. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
6. The Seller may change or supplement the Terms and Conditions. This provision shall not affect rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
7. The Terms and Conditions include a sample withdrawal form as an annex.
These Terms and Conditions shall enter into force and effect on March 1, 2021.
Annex No. 1
SAMPLE WITHDRAWAL FORM
SELLER:
MDN Special s.r.o.
CIN: 53260406 (IČO)
TIN: 2121320509 (DIČ)
VAT: SK2121320509 (IČ DPH)
Registered Office: Sládkovičova 4167/52, 974 05 Banská Bystrica,Slovakia, registered in the Commercial Register maintained by the District Court in Banská Bystrica under file number 13/Re/768/2020
Contact Information:
MDN Special s.r.o.
email: info@mdnspecial.com
phone: +421 902 528 628
www. mdnspecial.com
BUYER:
Name and surname of the consumer/consumers* ..............
Address of the consumer/consumers* ..............
Consumer s email address ..............
I/We hereby notify you that I/we withdraw/withdraw from the purchase contract for the following goods/services:** ..............
Order date/receipt date* ..............
By withdrawing from the purchase contract/contract, the consumer returns the purchased goods to the seller, and the consumer bears the costs associated with the return of the goods.*
*Signature of the consumer/consumers ..............
In.............. on..............
*Delete as appropriate.
