General terms and conditions

GENERAL TERMS AND CONDITIONS

governing the rights and obligations of the seller, which is a company Sinks & Taps with. r. about and buyers when concluding purchase contracts through e-commerce.

DEFINITIONS

Unless expressly stated otherwise in the General Terms and Conditions, words, phrases and / or complete sets of several words beginning with a capital letter (terms) used in the General Terms and Conditions have the meaning given to them in this part of the General Terms and Conditions (DEFINITIONS) and / or the meaning given to them by a word, words, set of words, sentence or part of a sentence preceding the text in single brackets () containing the relevant term beginning with a capital letter separated from the rest of the text by quotation marks and indicated by the phrase “hereinafter” business conditions. Based on the terms and conditions in the General Terms and Conditions:

Bank account means the bank account of the Seller maintained in Tatra banka as, bank account number (IBAN): SK6111000000002942086521

Price of goods means the price of individual goods displayed in the Electronic Store stated in EURO, including VAT and other taxes in accordance with generally binding legal regulations;

The total price of the goods means the Purchase Price together with ( i ) fees for the delivery of goods purchased in the Electronic Commerce and ( ii ) fees for the processing and receipt of funds;

Delivery note means a documentary document proving the acceptance of the purchased goods by the Buyer from the Seller or the Deliverer;

Goods-related documents means documents that ( i ) relate to goods purchased in the E-Commerce, in particular the instructions for use of the goods, instructions for maintenance and installation of the goods and others, and ( ii )) serve the Buyer, who is a consumer in accordance with the Consumer Protection Act, in particular instructions on the possibility to withdraw from the Purchase Agreement, the conditions, period and procedure for exercising the right to withdraw from the Purchase Agreement and the Purchase Agreement withdrawal form pursuant to the Act on consumer protection in the purchase of goods;

Deliveryer means a person providing transport and delivery services, which the Seller will use when delivering the purchased goods to the Buyer in the Electronic Shop;

VAT means value added tax within the meaning of the Value Added Tax Act;

Electronic shop means an electronic shop (e-shop) operated by the Seller and placed on the second-level internet domain www.sinksandtaps.sk;

Buyer means a natural person (non-entrepreneur) who is a consumer in accordance with the Consumer Protection Act or a natural person or legal entity who is an entrepreneur in accordance with the Commercial Code who has concluded a purchase contract with the Seller in accordance with these GTC;

Purchase price means payment for the transfer of ownership of the goods purchased by the Buyer in the Electronic Store and specified in the Order confirmed by the Seller according to these GTC corresponding to the Price of the goods;

Contract of sale means a purchase contract concluded between the Seller and the Buyer, the subject of which is the transfer of ownership of the goods specified in the Order, which confirms the purchase contract governed by the provisions of these GTC and the relevant provisions of the Commercial Code in cases where the Buyer is a person who is an entrepreneur in the meaning of the Commercial Code and the provisions of the Civil Code in cases where the Buyer is a person who, under the Consumer Protection Act, has the status of a consumer;

Regulation means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC;

Order means an order for goods created in the Electronic Commerce system by the Applicant in the manner specified in these GTC;

Civil Code means Slovak Act no. 40/1964 Coll. Civil Code as amended;

Commercial Code means Slovak Act no. 513/1991 Coll. Commercial Code as amended;

Order confirmation notification means the term defined in clause 4.4 of the GTC;

Store means the Seller’s establishment with its registered office at Malokrasňanská, 831 54 Bratislava, registered in accordance with the relevant generally binding legal regulations;

Seller means Sinks & Taps with. r. o, with its registered office at Malokrasňanská, 831 54 Bratislava, Slovak Republic, IČO: 53122500, DIČ: 2121272186, IČ DPH: SK2121272186, entered in the Commercial Register kept by the District Court Bratislava I, section: Sro, file no. 145939 / B;

Return policy means, on the basis of generally binding legal regulations, the determined methodological procedure for claiming defects of goods purchased in the Electronic Store by the Buyer, which is a consumer in accordance with the Consumer Protection Act and the Seller’s obligations arising from the Seller’s liability for defects of goods sold in the Electronic Store. these GTC;

Alternative Dispute Resolution Entity means an entity entitled to alternative dispute resolution in accordance with the Alternative Dispute Resolution Act, which is entered in the list pursuant to Section 20.2 of the GTC;

Durable media means a means that allows the Buyer or Seller to store the information addressed to him in a way that allows it to be used in the future for a period corresponding to the purpose of the information and which allows unaltered reproduction of stored information, especially paper, e-mail, USB key, CD, DVD, memory card, computer hard drive;

GTC or General Terms and Conditions means these General Terms and Conditions;

Alternative Dispute Resolution Act means Slovak Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Acts, as amended;

Value Added Tax Act means Slovak Act no. 222/2004 Coll. on value added tax, as amended;

Personal Data Protection Act means Slovak Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws as amended;

Consumer Protection Act means Slovak Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended;

The Act on Consumer Protection in the Sale of Goods means Slovak Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws, as amended;

Interested Party means a person who is interested in purchasing goods in the Electronic Store who has not yet concluded a Purchase Agreement with the Seller in accordance with the GTC.

1. INTRODUCTORY PROVISIONS

• The seller is the operator of the E-shop focused mainly on the sale of goods for kitchens, such as sinks and faucets, as well as worktops made of stone and technical stone.
• The E-commerce system allows Applicants and other persons (i ) view the goods published on the E-Commerce website and, within the scope of the published information, become acquainted with the characteristics of the published goods; a (ii ) in the event of interest in the purchase of goods selected from the E-Commerce offer, enter into a Purchase Agreement with the Seller in the manner and under the conditions specified in these GTC.
• The Seller ensures that the goods sold in the Electronic Commerce meet the basic quality requirements determined by generally binding legal regulations and also comply with the designation and properties specified for individual goods in the Electronic Commerce.
• The Seller ensures that up-to-date data concerning the Seller together with his contact details in accordance with Art. § 3 par. 1 letter a), letter b) a písm. c) of the Act on Consumer Protection in the Sale of Goods.
• The provisions of these GTC regulate ( i ) the purchase of goods in the Electronic Shop by the Buyer, who in accordance with the Consumer Protection Act has the status of a consumer, as well as ( ii ) the purchase of goods in the Electronic Shop by the Buyer who is an entrepreneur in accordance with the Commercial Code.

2. REGISTRATION IN THE ELECTRONIC COMMERCE SYSTEM

• In order to ensure the possibility of repeated shopping in the E-shop without the need for repeated provision of personal data, records of executed orders in the E-shop or for participation in advertising and competition activities of the Seller, any person is given the opportunity to register their personal data in the registration part of the E-shop system.
• The registration of personal data can be performed at any time during the inspection of the goods in the E-shop, as well as during the creation of the Order. The person performing the registration is obliged to state all the data required by the Seller in the registration form.
• The registrant is obliged to state the correct, complete and true data of the registered person in the registration form during registration (failure to comply with this obligation is interpreted to the detriment of the registrant).
• If the registered person ( a ) is a natural person who is a consumer in accordance with the Consumer Protection Act, when registering such a person in the Electronic Commerce system will be required to indicate: name, surname, date of birth, permanent residence address, delivery address of goods purchased in the Electronic trade and telephone and / or other contact; ( b) a natural person who is an entrepreneur within the meaning of the Commercial Code will be obliged to state the following when registering such a person in the Electronic Commerce system: name, surname, business name, date of birth, place of business, ID number (person identification number), VAT number (tax identification number) , VAT ID (value added tax payer identification number) in the event that the registered person is a VAT payer in accordance with the Value Added Tax Act, the address of the place of delivery of goods purchased in the Electronic Commerce and telephone and / or other contact; a (c) a legal entity which is an entrepreneur in accordance with the Commercial Code will be obliged to place: business name, registered office, ID number (identification number of the person), VAT number (tax identification number), VAT identification number (identification number of the taxpayer value added tax) in the event that the registered person is a VAT payer in accordance with the Value Added Tax Act, the address of the place of delivery of goods purchased in the Electronic Commerce and telephone and / or other contact.
• In addition to personal data to the extent specified in Section 2.4 of the GTC, a person performing registration in the Electronic Commerce System shall also state his / her username consisting of up to 25 characters and an alphanumeric login password consisting of up to 35 characters (hereinafter collectively referred to as ” Login Data “). The registration of a person in the E-commerce system does not condition the possibility of successful execution of the Order and the registration in the E-commerce system is voluntary. The person registering in the Electronic Commerce System is obliged to refrain from providing such Login Data that may be derogatory, offensive or may lead to defamation of race, nation or belief. The Seller reserves the right to cancel any registration in the E-Commerce system in which there has been a clear breach of duty under the previous sentence.

• The registration form will also include granting consent to the processing of personal data in accordance with the Regulation and the Personal Data Protection Act. More information on the processing of personal data and their protection is provided in Article 18 of the GTC. In the event of a change in the data of the registered person originally stated in the registration form, the registered person is obliged to update this data at the latest when creating the Order in the time following the change of data of the registered person. The completeness and accuracy of the data on the registered person is necessary for the proper and timely delivery of goods by the Seller.

3. CREATION OF THE ORDER OF GOODS

• In the Electronic Commerce, the Seller shall, in relation to the goods sold, publish in particular ( i ) a description of the main characteristics of the goods; ( ii ) The purchase price of the goods including VAT together with the unit price of the goods including VAT; and ( iii ) the amount of delivery costs and other charges.

• The goods are divided into individual categories in the Electronic Shop according to their type. It is possible to view the goods in the E-shop and get acquainted with information about the goods, as well as the availability of goods in the E-shop and the expected dates of its availability. In the Electronic Shop, all information necessary for the creation of the Order is made available to the Interested Party.

• The order will be created in the E-commerce system as follows:
• The applicant selects from the goods published in the Electronic Store.
• When withdrawing from the goods published in the Electronic Commerce, the interested parties will, in addition to the data according to letter f) of this point of the GTC, information provided on possible defects of the goods for which the price of the goods has been reduced.
• The Candidate shall state in the Order the data about his / her person to the extent necessary for the fulfillment of the obligations arising from the Seller in accordance with the GTC and for the exercise of his rights. If the Applicant is ( i ) a natural person (non-entrepreneur), the Order shall state: name, surname, date of birth, address of permanent residence, address of the place of delivery of goods purchased in the Electronic Commerce, telephone and / or other contact; ( ii) a natural person who is an entrepreneur in accordance with the Commercial Code shall state in the Order: name, surname, date of birth, place of business, ID number (person identification number), VAT number (tax identification number), VAT number (value added tax payer identification number) ) in the event that the registered person is a VAT payer in accordance with the Value Added Tax Act, the address of the place of delivery of goods purchased in the Electronic Commerce by telephone and / or other contact; a (iii) a legal entity which is an entrepreneur in accordance with the Commercial Code shall state in the Order: business name, registered office, ID number (person identification number), VAT number (tax identification number), VAT number (value added tax payer identification number) if the registered person will be a VAT payer in accordance with the Value Added Tax Act, the address of the place of delivery of goods purchased in the Electronic Shop by telephone and / or other contact. If the Candidate has registered in the E-Commerce system before creating the Order and at the time of creating the Order the Candidate will be registered in the E-Commerce system, the above personal data of the Candidate will be filled in automatically.
• The Candidate will make a statement that before sending the Order he has read the content of the GTC, understood the content of the GTC, unconditionally agrees with them and is aware of the rights and obligations that arise under the GTC in the event of concluding the Purchase Agreement.
• Prior to sending the Order, the interested party will be provided with data in accordance with Art. § 3 par. 1 letter a), letter e), letter o) and letter p) of the Consumer Protection Act when selling goods.
• The order is considered made by sending it to the Seller. The order will be resisted by the Seller after pressing the button marked in the E-shop system marked with the text “Send order with payment obligation” .
• Upon creation of the Order, the Interested Party will be notified of all information in accordance with Art. § 3 Act on consumer protection in the sale of goods. During the entire process of creating the Order, the Candidate has the opportunity to become acquainted with the content of the GTC.
• Sending the Order is a proposal for concluding a purchase contract addressed to the Seller. The purchase of goods in the Electronic Store is always associated with the obligation to pay the Total Price of the goods in one of the ways selected in the Order and in accordance with these GTC. The order is binding for the Buyer if it is not rejected by the Seller.

4. CONCLUSION OF THE PURCHASE AGREEMENT

• After delivery of the Order, the Seller will check the accuracy of the data provided by the Applicant in the Order. The Seller is entitled to confirm or reject the received Order.
• The Seller will reject the Order, which will contain manifestly incorrect information about the person of the Applicant and / or the place of delivery of the goods purchased in the Electronic Store. In the event that the Seller has a reasonable doubt about the accuracy of the data provided by the Candidate in the Order, the Seller is entitled, but not obliged to contact the Candidate at the telephone number provided, in order to eliminate any inaccuracies in the Order or doubts in order.
• The Seller shall reject the Order even if due to the facts on the part of the Seller and / or persons whose services the Seller uses in fulfilling its obligations arising from the GTC, it is not possible to deliver the goods in the quantity and conditions specified in the Order, regardless of the cause of such facts.
• The Seller will confirm the Order if the Order did not contain manifestly incorrect information about the person of the Applicant and / or the place of delivery of the goods and there are no facts precluding the delivery of goods in the quantity and under the conditions specified in the Order. The Confirmation of the Order is the acceptance of the proposal for the conclusion of the Purchase Agreement . The Purchase Agreement is considered concluded on the day of confirmation of the Order by the Seller. By concluding the Purchase Agreement, the Interested Party becomes the Buyer . The Seller will notify the Order confirmation in writing, via an electronic message (e-mail) sent to the e-mail delivery address specified in the Order. In the Order Confirmation Notice, the Seller shall state information about the product, the number of products, the Price of the Goods, the Total Price of the Goods (hereinafter also referred to as the ” Order Confirmation Notice “). The Order Confirmation Notification is always recorded on the Durable Media.
• By concluding the Purchase Agreement, a legal relationship is established between the Seller and the Buyera ) the provisions of the GTC, the Civil Code, the Consumer Protection Act, the Consumer Protection Act in the sale of goods and the provisions of other relevant generally binding legal regulations, in cases where the Buyer is a consumer; a (b ) the provisions of the GTC, the Commercial Code and the provisions of other relevant generally binding legal regulations, in cases where the Buyer is an entrepreneur.

5. PURCHASE PRICE

• The purchase price of the goods purchased in the Electronic Store corresponds to the Price of the goods stated in the Order Confirmation Notification. The purchase price is always stated including VAT in accordance with the Value Added Tax Act and other taxes in accordance with generally binding legal regulations.
• The Buyer acknowledges that ( a ) fees for delivery of ordered goods will be added to the Purchase Price depending on the method of delivery delivered by the Buyer and ( b ) fees for processing and accepting payment of the Purchase Price depending on the Purchase Price selected by the Buyer.
• The amount of the Purchase Price may be changed only on the basis of an agreement between the Seller and the Buyer recorded on a Durable Carrier.

6. SPECIAL FEES

• The Buyer acknowledges that the delivery of goods purchased in the Electronic Store is charged, except in the case of personal collection of the goods by the Buyer in the Store.
• The fee for the delivery of goods in the territory of the Slovak Republic is determined (a ) a fixed amount of EUR in the event that the Deliverer is the business company Slovenská pošta, as, with its registered office at Partizánska cesta 9, 975 99 Banská Bystrica, Slovak Republic, Company Identification Number: 36 631 124 (hereinafter also referred to as “Slovenská pošta ‘); or (b ) a fixed amount of EUR in the event that the Deliverer is a person other than Slovenská pošta (the transport company delivering the goods purchased in the Electronic Commerce by courier selected by the Seller). The fee for the delivery of goods will be added to the Purchase Price and is part of the Total Price of Goods.
• The Buyer acknowledges that the receipt of funds in the amount of the Purchase Price in cash and the processing of the payment of the Purchase Price by the Deliverer, upon delivery of the goods to the Deliverer is charged a fee of a fixed amount of EUR. The fee for receiving funds in the amount of the Purchase Price in cash and processing the payment of the Purchase Price by the Shipper will be added to the Purchase Price and is part of the Total Price of the Goods.

7. PAYMENT OF THE TOTAL PRICE OF GOODS

• The buyer is obliged to pay the total price of the goods in accordance with these GTC. The Buyer is obliged to pay the Total Price of the goods within the period specified in the Order Confirmation Notice, but no later than upon delivery of the purchased goods to the Buyer, depending on the method of delivery chosen by the Buyer and the method of payment of the Total Price.
• The buyer can pay the total price of the goods (a ) cashless transfer of funds to the Bank account via internet banking services, ((b ) by means of a payment gateway using a credit or debit card, (c ) in cash upon delivery of the purchased goods to the Deliverer, or (d) in cash upon personal collection of the purchased goods in the Store, while the method of payment of the Total Price of the goods is chosen by the Buyer when creating the Order.
• In the event that the Buyer has chosen the method of payment of the Total Price of Goods according to point 7.2. a) of the GTC, the Seller shall send to the Buyer, together with the Notice of Order Confirmation, also the captured basis on payment on the Total Price of the goods, which will be an advance invoice.
• The total price of the goods is considered paid ( a ) at the moment of crediting the Total price of the goods to the Bank Account, if the Buyer has chosen the method of payment according to point 7.2. a) a písm. b) GTC; ( b ) the moment of receipt of the Total Price of the Goods by the Deliverer upon delivery of the Goods to the Buyer, in the event that the Buyer has chosen the method of payment according to point 7.2. c) GTC; or ( c ) at the moment of taking over the Total Price of the goods by a person authorized by the Seller in the Store, in the event that the Buyer has chosen the method of payment according to point 7.2. d) GTC.
• A tax document relating to the purchased goods will be delivered to the Buyer together with the purchased goods and delivered on a Durable Carrier. Depending on the Buyer’s chosen method of payment of the Purchase Price and delivery of the goods, the tax document will be ( a ) an invoice or ( b ) proof of receipt of cash payment.

8. SUPPLY OF GOODS

• The goods sold in the Electronic Shop are delivered by the Seller exclusively on the territory of the Slovak Republic. The Buyer with its registered office, place of business or address of permanent residence in another Member State of the European Union, such as the Slovak Republic, may pick up the goods purchased in the Electronic Store in person or through a person authorized by him in the Store.
• The Seller will deliver the goods purchased by the Buyer in the manner chosen by the Buyer when creating the Order, while the Buyer has a choice of the following methods of delivery of the purchased goods (a ) delivery through the Deliverer – Slovenská pošta; (b ) delivery through the Deliverer, which is a transport company (other than Slovenská pošta) with delivery to the Buyer’s designated address of the place of delivery of the goods; (c ) personal collection of the purchased goods in the Store. The goods delivered through the Deliverer shall be delivered by the Seller to the Deliverer for delivery to the Buyer, always packed in functionally suitable packaging material so that during the transport of goods and during normal handling the goods are not damaged and the safety and quality of the goods are not affected and the goods are thus protected from undesirable external influences. . The usual handling of goods means not exposing the goods to excessive weather conditions (especially rain, snow, excessive humidity, high temperatures and frost) and handling the goods in such a way as not to damage the integrity of the packaging material of the transported goods.
• If the Buyer has chosen the method of delivery of goods according to point 8.2. a) or letter b) of the GTC, the Seller shall send the Goods purchased by the Buyer no later than within 21 working days following ( a ) payment of the Total Price of the Goods, if the Buyer has chosen the method of payment of the Total Price according to point 7.2. a) letter b) of the GTC or ( b ) sending the Order Confirmation Notification, if the Buyer has chosen the method of payment of the Total Price of the goods according to point 7.2. c) GTC.
• If the Buyer has chosen the method of delivery of goods according to point 8.2. c) GTC, the Seller shall prepare the purchased goods for delivery to the Buyer in the Store on the next working day following the sending of the Order Confirmation Notification.
• If the Buyer has purchased goods in the E-shop at the time of sending the Order and concluding the Purchase Agreement marked as temporarily unavailable and the expected delivery time of such goods exceeds thirty calendar days from the date of sending the Order Confirmation Notice, Seller notifies the Buyer and the Buyer is entitled to withdraw from the Purchase Agreement. If the Buyer does not withdraw from the Purchase Agreement, the Seller will deliver the purchased goods to the Buyer without undue delay after such goods become available in the Electronic Store.
• The Buyer is obliged to take over the purchased goods at the place indicated in the Order as the delivery address of the goods.
• The goods shall be deemed to have been taken over at the time of their (a ) takeover from the Deliverer , where (i ) if the goods ordered by the Buyer, which is a consumer in accordance with the Consumer Protection Act, are delivered separately in one Order, the goods are considered to have been taken over at the moment of taking over the goods that were delivered last; (ii ) if the goods ordered by the Buyer, which is a consumer in accordance with the Consumer Protection Act, consisting of several parts or pieces, the goods are considered to have been taken over at the moment of taking over the last part or the last piece; (iii ) if the goods ordered by the Buyer, which in accordance with the Consumer Protection Act are delivered to the consumer repeatedly during a defined period, the goods are considered to have been taken over at the moment of taking over the first delivered goods; (b ) takeover at the relevant branch of Slovenská pošta , where (i ) if the goods ordered by the Buyer, which is a consumer in accordance with the Consumer Protection Act, are delivered separately in one Order, the goods are considered to have been taken over at the moment of taking over the goods that were delivered last; (ii ) if the goods ordered by the Buyer, which is a consumer in accordance with the Consumer Protection Act, consisting of several parts or pieces, the goods are considered to have been taken over at the moment of taking over the last part or the last piece; (iii ) if the goods are delivered ordered by the Buyer, who is a consumer in accordance with the Consumer Protection Act, repeatedly during a specified period, the goods are considered to have been taken over at the moment of taking over the first delivered goods; or (c ) personal collection in the Store . The Buyer shall confirm the delivery / acceptance of the goods by his handwritten signature on the Delivery Note or other document proving the delivery / acceptance of the goods by the signature of the person authorized to act on his behalf.
• If the Buyer does not take over the goods or refuses to take over the goods without prior withdrawal from the Purchase Agreement, he is fully liable to the Seller for the damage caused thereby.
• The Seller shall deliver the Documents related to the goods together with the goods. If the Documents related to the goods were not part of the package in which the Goods purchased in the Electronic Store were delivered to the Buyer, the Seller is obliged to send the Documents related to the goods without undue delay, but no later than within twelve calendar months from the date of receipt of the goods by the Buyer.

9. INSPECTION OF GOODS ON DELIVERY OF GOODS

• From the time of delivery of the goods purchased in the Electronic Shop for transport to the Deliverer, the Deliverer shall be liable for any damage that occurs on the goods.
• The Buyer is obliged to check the integrity of the packaging of the goods upon receipt of the goods from the Delivery. If the Buyer upon receipt of the purchased goods from the Deliveryer finds damage to the packaging material in which the purchased goods were packed, the Buyer is entitled not to accept the goods and to write with the Deliveryer a record of defects caused during transport and leave the goods to the Deliveryer for return to the Seller. The Seller undertakes to replace the damaged goods with new goods without undue delay after the return of the damaged goods by the Delivery to the Seller, by the Seller sending the goods of the same type, quality and quantity to the Buyer.
• In the event that the Buyer takes over the goods from the Deliveryer despite obvious damage to the packaging material of the goods, the Seller is entitled to reject a later claim for such goods.
• After receiving the goods from the Delivery, the Buyer is obliged to check whether the goods purchased in the Electronic Store are defective. In the event that the Buyer finds that the goods are damaged (without damage to the packaging material) or the shipment does not contain all the goods purchased by the Buyer or the goods suffer from another relevant defect, the Buyer is obliged to proceed (a ) pursuant to the provisions of Article 11 of the GTC, if the Buyer is a consumer pursuant to the Consumer Protection Act, or (b ) according to the provisions of Article 12 of the GTC, if the Buyer is an entrepreneur according to the Commercial Code.

10. ACQUISITION OF OWNERSHIP AND TRANSFER OF LIABILITY FOR DAMAGE

• The buyer, who is a consumer in accordance with the Consumer Protection Act, acquires ownership of the goods purchased in the Electronic Commerce at the time of receipt of the goods.
• The Buyer, who is an entrepreneur in accordance with the Commercial Code, will not acquire ownership of the goods purchased in the Electronic Commerce until he has paid the Total Price of the goods in full.
• Liability for damage to the goods passes to the Buyer at the time of ( a ) receipt of the goods from the Delivery or a person authorized by the Seller in the Store or ( b ) when the Buyer was allowed to dispose of the goods, and the Buyer did not accept the goods.

11. DEFECT LIABILITY AND COMPLAINTS OF GOODS TO CONSUMERS

• The provisions of this Article 11 of the GTC apply exclusively to legal relations established by concluding a Purchase Agreement between the Seller and the Buyer, who is a consumer within the meaning of the Consumer Protection Act, governed by the Civil Code, the Consumer Protection Act and the Consumer Protection Act.
• The Seller is responsible for defects of the goods purchased by the Buyer in the Electronic Store, which (defects) show the purchased goods after their acceptance by the Buyer during the warranty period according to clause 11.3 of the GTC. The seller is not responsible for defects for which the price of the goods has been reduced. However, the Seller is obliged to ensure that the Buyer has the opportunity to become aware of the existence of defects in the goods during the execution of the Order. For the purposes of this Article 11 of the GTC, the goods are defective if at the time of their acceptance by the Buyer it does not have the usual properties, quality and the goods cannot be used according to their nature. A defect is also considered to be the non-existence of such a property of goods purchased in the Electronic Commerce, which is generally assumed for these goods with regard to their type and age and as a result of which the usability of such goods is significantly reduced. Goods purchased in the E-shop cannot be considered defective (if defective) if, with regard to the type of such goods, it can be reasonably assumed that the properties of the goods cannot be maintained throughout the warranty period.
• The warranty period of goods purchased in the E-shop lasts twenty-four months. The warranty period begins from the date of receipt of the goods by the Buyer.
• The Buyer serves as a guarantee certificate as a proof of purchase, which, depending on the Buyer’s chosen method of payment of the Purchase Price and delivery of the goods, will be ( a ) an invoice or ( b ) proof of receipt of cash payment. However, this does not affect the Buyer’s right to require the Seller to provide a guarantee in writing in the form of a guarantee certificate.
• The seller is not responsible for defects in the goods purchased in the Electronic Store, which appear on the goods or arise after the warranty period.
• The Buyer is obliged to use and dispose of the goods purchased in the Electronic Store in the manner specified by the Seller in the Documents related to the goods. The Seller is not liable for defects of the goods purchased in the E-shop caused by ( a ) installation and / or handling of the goods in a manner that is in conflict with the methods of installation and / or handling of the goods specified by the Seller in the Goods Documents or ( b ) misuse of the goods; / or incorrect maintenance of goods purchased in the E-shop.
• The conditions of the complaint (claims for liability for defects of the goods) are governed by the provisions of the Complaints Procedure published at www.sinksandtaps.sk. The rights from the liability for defects of the goods purchased in the Electronic Store, for which the warranty period applies, will expire if they have not been exercised in the manner specified in the Complaints Procedure during the warranty period.
• The Buyer is responsible for the reduction of the value of the goods caused by such handling of goods purchased in the E-shop, which is beyond the treatment necessary to determine the properties, functionality and quality of the goods or which is contrary to the methods of installation, handling, use and maintenance of goods. in Documents related to the goods.

12. LIABILITY FOR DEFECTS IN GOODS PURCHASED BY AN ENTREPRENEUR

• The provisions of this Article 12 of the GTC apply exclusively to legal relations established by concluding a Purchase Agreement between the Seller and the Buyer, who is an entrepreneur within the meaning of the Commercial Code, governed by the provisions of Part Three of the Commercial Code.
• The Seller is responsible for defects of the goods purchased by the Buyer in the Electronic Store, which (defects) show the purchased goods after their receipt by the Buyer. The seller is not responsible for defects for which the price of the goods has been reduced. However, the Seller is obliged to ensure that the Buyer has the opportunity to become aware of the existence of defects in the goods during the execution of the Order. The Seller is also not liable for defects in the goods, the existence of which the Buyer was notified to the Seller during the execution of the Order. For the purposes of this Article 12 of the GTC, the goods are defective if they have not been delivered to the Buyer in quantity, quality and execution according to the Purchase Agreement or if the goods have been delivered to the Buyer other than those purchased in the Electronic Shop.
• Delivery of goods having defects is a material breach of the Purchase Agreement pursuant to Art. § 345 of the Commercial Code. The Buyer is obliged to notify the Seller of the defects of the goods without undue delay after (a ) The buyer has found that the goods are defective; (b ) When exercising professional care, the buyer should have found out the defects of the goods during the inspection of the goods, which he is obliged to carry out in accordance with clause 9.4 of the GTC; (c ) defects could be discovered later with due diligence, but no later than the expiration of the warranty period in accordance with clause 12.5 of the GTC, by sending a written notice of defects in the content, in which the Buyer describes the defects (hereinafter referred to as “Defect notification “).
• The seller in accordance with par. § 428 of the Commercial Code assumes the obligation that the goods purchased in the Electronic Store will be suitable for use for the usual purpose during the warranty period according to 12.5 GTC or that it will retain the usual properties depending on the type of goods purchased in the Electronic Store.
• The warranty period for goods purchased in the Electronic Store lasts twelve months. The warranty period begins from the date of receipt of the goods by the Buyer.
• The Buyer is obliged to state in the Notification of Defects of Goods the claim he claims for defects of goods purchased in the Electronic Store, while the Buyer is entitled to demand ((a ) rectification of defects by delivery of replacement goods for defective goods or delivery of missing goods; ((b ) rectification of defects by repair of the goods, if the defects are repairable; or (c ) withdraw from the Purchase Agreement. The Buyer, together with the Notification of Defects of the Goods, shall send the purchased goods to the Seller, unless the Buyer, within the scope of the application of defects of the goods, requests exclusively the delivery of the missing goods. The costs associated with sending the Notification of defects of the goods and the purchased goods shall be borne in full by the Buyer.
• The Buyer’s claim for defects of goods purchased in the Electronic Store stated in the Notice on Defects of Goods cannot be changed without the consent of the Seller.
• The Seller is obliged to assess the justification for sending the Notification of Defects of the Goods and to inspect the defects of the purchased goods and the goods delivered to him together with the Notification of Defects of Goods with professional care. In the event that the Seller assesses the defects of the purchased goods described by the Buyer after their inspection as justified and the Buyer in asserting claims for defects of the goods ((a ) demand the elimination of defects by delivery of replacement goods for defective goods or delivery of missing goods; or (b ) demand the elimination of defects by repairing the goods, if the defects are repairable, The Seller shall eliminate the defects of the goods within the period of no later than fifteen calendar days from the date of delivery of the Notice on Defects of Goods in the manner selected by the Buyer in the Notice on Defects of Goods .
• If the Seller, during the elimination of defects of the goods within the period according to clause 12.8 of the GTC, finds that ((a ) delivery of the replacement goods or delivery of the missing goods is not possible; orb ) the defects of the goods are irreparable or disproportionate costs would be associated with the repair of the goods, he is obliged to notify the Buyer of the impossibility of eliminating the defects by sending a written notice of the impossibility of eliminating the defects of the goods (hereinafter referred to as “Notification of the impossibility of eliminating defects in the goods ‘).
• After receiving the Notice of Inability to Eliminate the Defects of the Goods, the Buyer is entitled (a ) request a discount from the Purchase Price, if delivery of replacement goods or delivery of missing goods is not possible, but the Buyer is entitled to request a discount up to the price of the goods that were not delivered to the Buyer; or (b ) withdraw from the Purchase Agreement pursuant to clause 15.2 of the GTC, if the defects of the goods are irreparable or disproportionate costs would be associated with the repair of the goods.
• The costs associated with the elimination of defects of goods purchased in the Electronic Store shall be borne in full by the Seller, except for the costs associated with sending the Notification of Defects of Goods and sending the goods in accordance with clause 12.6 of the GTC.
• The seller is not responsible for defects in the goods purchased in the Electronic Store, which appear on the goods or arise after the warranty period.
• The Buyer is obliged to use and dispose of the goods purchased in the Electronic Store in the manner specified by the Seller in the Documents related to the goods. The Seller is not liable for defects of the goods purchased in the E-shop caused by ( a ) installation and / or handling of the goods in a manner that is in conflict with the methods of installation and / or handling of the goods specified by the Seller in the Goods Documents or ( b ) misuse of the goods; / or incorrect maintenance of goods purchased in the E-shop.
• The Buyer is responsible for the reduction of the value of the goods caused by such handling of goods purchased in the E-shop, which is beyond the treatment necessary to determine the properties, functionality and quality of the goods or which is contrary to the methods of installation, handling, use and maintenance of goods. in Documents related to the goods.

13. TERMINATION OF THE PURCHASE AGREEMENT

• The Purchase Agreement shall terminate ( a ) by written agreement between the Seller and the Buyer; ( b ) withdrawal from the Purchase Agreement by the Buyer pursuant to Article 14 of the GTC or pursuant to Article 15 of the GTC; and ( c ) withdrawal from the Purchase Agreement by the Seller;

• In the event of termination of the Agreement by agreement between the Seller and the Buyer, the Purchase Agreement shall terminate on the date specified in the written agreement. In the agreement on the cancellation of the Purchase Agreement, the Seller and the Buyer shall adjust their mutual claims arising from the fulfillment of obligations under the Purchase Agreement or from their breach by the other contracting party as of the date of termination of the Purchase Agreement.
• In the event of termination of the Purchase Agreement in the form of withdrawal by the Seller or the Buyer, the Purchase Agreement shall terminate on the day of delivery of the written withdrawal from the Purchase Agreement by one party to the party to whom the withdrawal from the Purchase Agreement is addressed. Withdrawal from the Purchase Agreement terminates the Purchase Agreement with ex tunc effects (from the beginning) and the contracting parties are obliged to return the mutually provided services within a period of fourteen calendar days. The Buyer will thus be obliged to return the goods purchased in the Electronic Store to the Seller within the period specified in the previous sentence, and the Seller will be obliged to return the Bank Account number specified on the Buyer’s bank account number within the same period.

14. WITHDRAWAL OF THE PURCHASE AGREEMENT TO BUYERS – CONSUMERS

• The Buyer, who is a consumer in accordance with the Consumer Protection Act, is entitled to withdraw from the Purchase Agreement in accordance with the provisions of this Article 14 of the GTC.

• The Buyer is entitled to withdraw from the Purchase Agreement without giving a reason within fourteen days from the date of receipt of the goods in accordance with clause 8.7 of the GTC, if the Buyer was delivered with the goods and Documents related to the goods. In the event that the Documents related to the goods have been delivered to the Buyer subsequently, the period of fourteen days for withdrawal from the Purchase Agreement begins to run from the date of delivery of the Documents related to the goods to the Buyer. If the Documents related to the goods have not been delivered to the Buyer within twelve calendar months from the date of receipt of goods in accordance with clause 8.7 of the GTC, the period for withdrawal from the Purchase Agreement expires after twelve months and fourteen days from the date of receipt of goods pursuant to clause 8.7 of the GTC.

• The deadline for withdrawal from the Purchase Agreement pursuant to clause 14.2 of the GBC is considered to have been complied with if the completed withdrawal form from the Purchase Agreement sent to the Seller has been completed no later than on the last day of the term pursuant to clause 14.2 of the GBTC.

• In addition to the provisions of clause 14.2 of the GTC, the Buyer is entitled to withdraw from the Purchase Agreement, if (a ) The Seller violates its obligation arising from clause 8.3 of the GTC and does not send the goods to the Buyer within the specified period; (b ) the goods purchased in the Electronic Store have defects, as a result of which the goods are unusable and the Buyer has the right to withdraw from the Purchase Agreement according to the Complaints Procedure; (c ) The Buyer acquires the right to withdraw from the Purchase Agreement pursuant to clause 8.5 of the GTC; or (d ) The Buyer shall have the right to withdraw from the Purchase Agreement in accordance with the Complaints Procedure.

• The Buyer shall withdraw from the Purchase Agreement by sending the completed form for withdrawal from the Purchase Agreement, which is part of the Documents related to the goods in case of withdrawal from the Purchase Agreement according to clause 14.2 of the GTC or
• The Seller is obliged to confirm to the Buyer on the Durable Carrier the delivery of ( a ) the form for withdrawal from the Purchase Agreement or ( b ) the Buyer’s will to withdraw from the Purchase Agreement pursuant to clause 14.4 of the GTC.
• The Seller shall return to the Buyer the bank account number indicated on it together with the Purchase Price and all special fees paid by the Buyer pursuant to Article 6 of the GTC. However, the Seller is not obliged to return the Special Fees paid by the Buyer if the Buyer has chosen another method of delivery than the Seller’s cheapest method of delivery of goods purchased in the E-shop (except personal collection of goods in the Store), to the extent of the difference between the amount of costs for delivery of goods in the manner chosen by the Buyer in the Order and the amount of costs for delivery of goods purchased in the Electronic Store in the cheapest way offered by the Seller.
• In the event of withdrawal from the Purchase Agreement by the Buyer, the Buyer shall bear only the costs of returning the goods to the Seller.

15. WITHDRAWAL FROM THE PURCHASE AGREEMENT TO BUYERS – ENTREPRENEURS

• The Buyer, who is an entrepreneur in accordance with the Commercial Code, is entitled to withdraw from the Purchase Agreement in accordance with the provisions of this Article 15 of the GTC.

• The Buyer is entitled to withdraw from the Purchase Agreement by written withdrawal from the Purchase Agreement addressed to the Seller if (a ) The Seller violates its obligation arising from clause 8.3 of the GTC and does not send the goods to the Buyer within the specified period; (b ) the goods purchased in the Electronic Store show defects and the Buyer is entitled to proceed in accordance with point 12.6 letter c) GTC; or ( c ) the Seller has notified the Buyer in the Notice of Impossibility of Elimination of the Goods that the defects of the Goods are irreparable or would involve disproportionate costs associated with the repair of the Goods.
• In the event of withdrawal from the Purchase Agreement by the Buyer, the Buyer shall bear the full cost of delivery of the goods purchased in the Electronic Store, as well as the cost of returning the goods to the Seller. The purchase price specified on the bank account number will be returned to the Buyer exclusively.

16. RETURN OF GOODS TO THE BUYER

• The Buyer shall return the goods purchased in the Electronic Store to the Seller ( a ) for the purposes of his complaint in accordance with the Complaints Procedure; ( b ) for the purpose of eliminating defects in the goods in accordance with clause 12.6 of the GTC; or ( c ) in the event of withdrawal from the Purchase Agreement by the Buyer pursuant to Article 14 of the GTC or pursuant to Article 15 of the GTC.
• The Buyer is obliged to pack the goods purchased in the E-shop before sending them to the Seller and secure the goods against damage so that the goods do not cause defects other than those stated by the Buyer in the complaint form or in the Notification of Defects.
• The Seller is not liable for defects in the goods that arise on the goods as a result of a breach of the Buyer’s obligations under 16.2 of the GTC. Defects of the goods according to the previous sentence are considered to be defects which the goods will show after their delivery to the Seller and which will not be stated in the complaint form or in the Notice on Defects of the Goods.
• The Seller reserves the right to refuse to accept the goods that were sent by the Buyer to the Seller for the purpose of its return according to clause 16.1 of the GTC, if such goods were sent to the Seller cash on delivery.
• The Buyer is fully liable for damage that arises on the goods as a result of a breach of the Buyer’s obligations under 16.2 of the GTC.

17. WITHDRAWAL FROM THE PURCHASE AGREEMENT TO THE SELLER

• The Seller is entitled to withdraw from the Purchase Agreement by written withdrawal from the Purchase Agreement addressed to the Buyer if ( a ) the Buyer has chosen the method of payment according to point 7.2. a) a písm. b) GTC and has not paid the Total Price of the goods within the period specified in the Order Confirmation Notice; (b ) The Buyer does not accept the goods within fourteen calendar days from the day on which the goods purchased by him were delivered to him for the first time; (c ) The Seller is not able to fulfill its obligations under the Purchase Agreement due to a reason on its part or due to the occurrence of facts precluding or significantly impeding the fulfillment of the Seller’s obligations under the Purchase Agreement, which could not be predicted in advance even with professional care; or (d ) The Buyer has not withdrawn from the Purchase Agreement pursuant to clause 8.5 of the GTC and the Seller will not be able to deliver the Goods purchased in the Electronic Store to the Buyer even within an additional period of seven calendar days after thirty calendar days from the date of sending the Order Confirmation.

18. PRIVACY

• The Seller processes the Buyer’s personal data to the extent that these were provided to him by the Seller in accordance with these GTC, in accordance with the provisions of the Personal Data Protection Act and the Regulation.
• The Seller processes the Buyer’s personal data in the Seller’s information system in accordance with the Principles of Personal Data Protection and Cookies.

19. SUPERVISORY AND CONTROL AUTHORITIES

• The supervisory authority for the protection of the Buyer, who is a consumer in accordance with the Consumer Protection Act, is the Inspectorate of the Slovak Trade Inspection Authority for the Banská Bystrica Region , with its registered office at Dolná 46, 974 00 Banská Bystrica, Slovak Republic.

20. ALTERNATIVE DISPUTE RESOLUTION

• Alternative Dispute Resolution is a dispute resolution procedure arising from or related to a consumer contract in which the consumer acts as a party to the dispute submitting an alternative dispute resolution, governed by the provisions of the Alternative Dispute Resolution Act, which aims to reach an amicable settlement between the parties. dispute. The provisions of the Alternative Dispute Resolution Act may only be applied to legal relations established by the Purchase Agreement concluded between the Seller and the Buyer, who is a consumer within the meaning of the Consumer Protection Act.
• The list of Alternative Dispute Resolution Entities is publicly available on the website of the Ministry of Economy of the Slovak Republic ( https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia- consumer-disputes-1 ).
• The Buyer, who is a consumer in accordance with the Consumer Protection Act, has the right to turn to the Seller for a request for redress if (a ) is not satisfied with the way in which the Seller handled its complaint, or (b ) considers that the Seller has violated its rights, in the form of a written notice recorded on a Durable Media sent to the Seller’s address for delivery of e-mail or to the Seller’s correspondence address specified in clause 21.1 of the GTC.
• The Buyer, who is a consumer in accordance with the Consumer Protection Act, has the right to file a motion to initiate ADR addressed to the ADR entity if the Seller requests a remedy with which the Buyer turned to him in accordance with clause 20.3 By the Alternative Dispute Resolution Act, he replied in the negative or did not respond to it within thirty calendar days from the date of sending such a request to the Seller’s address.
• If, after a thorough assessment of all the facts found and the parties to the dispute, it is clear that the parties to the dispute, which are the Seller and the Buyer, who is a consumer under the Consumer Protection Act and who has filed an alternative dispute resolution against the Seller, are interested in dispute resolution, the ADR entity shall prepare a draft dispute settlement agreement.
• If no agreement is reached between the parties to the dispute and the ADR entity finds, on the basis of the facts it finds in ADR, it reasonably concludes that the Seller has violated the Buyer’s rights under the relevant generally binding legal regulations, terminates the ADR. dispute by issuing a non-binding reasoned opinion.

• The alternative settlement of the dispute shall be terminated on the day ( a ) of the conclusion of the agreement pursuant to Art. § 17 of the Act on Alternative Dispute Resolution; ( b ) issuing a reasoned opinion in accordance with § 18 of the Act on Alternative Dispute Resolution; ( c ) postponement of the proposal pursuant to para. § 19 of the Act on Alternative Dispute Resolution; ( d ) the Buyer’s death or declaration of death; ( e ) termination of the Seller without a legal successor; and ( f ) removing the Alternative Dispute Resolution Entity from the list in accordance with the Alternative Dispute Resolution Act.

• The exercise of the right to alternative dispute resolution by the Buyer, who is a consumer in accordance with the Consumer Protection Act, does not affect the possibility for such a Buyer to exercise his right in the competent court in accordance with the Alternative Dispute Resolution Act.

21. Seller ‘S CONTACT DETAILS

• For the purposes of contacting the Seller, exercising the rights arising from the provisions of these GTC and other generally binding legal regulations, as well as for the purpose of providing information about the goods published in the E-shop, the Applicant or the Buyer may contact the Seller at (a ) Correspondence address: Malokrasňanská 10161/10 831 54 Bratislava – mestská časť Rača; (b) e-mail delivery address: milan@sinksandtaps.sk .

22. FINAL AND TRANSITIONAL PROVISIONS

• The seller reserves the right to unilaterally change the GTC.
• If any provision of the GTC becomes invalid in whole or in part, this fact does not affect the validity of other provisions of the GTC and the Purchase Agreement. In such a case, instead of the invalid provision of the GTC, the provisions of the relevant generally binding legal regulations of the Slovak Republic shall be used, which with regard to their purpose are closest to the invalid provision of the GTC.
• Issues and situations that are not explicitly regulated by these GTC are governed by generally binding legal regulations of the Slovak Republic, in particular the Civil Code, the Consumer Protection Act, the Consumer Protection Act on the Sale of Goods and the Commercial Code.
• The GTC takes effect on the day the GTC is published on the E-Commerce website. The legal relationship established between the Seller and the Buyer by concluding the Purchase Agreement is governed by the provisions of the GTC effective at the time of sending the Order to the Seller.

In Bratislava, on 1.11.2021