General commercial and reclaiming conditions of the e-shop kavazbrazil.sk/en

The operator of the e-shop hosted at the domain kavazbrazil.sk/en is:

Commercial name and business seat of the seller: KAVAZ s.r.o.

Identification number: 53058364

VAT number: 2121243058

VAT ID: SK2121243058

Bank account: VÚB, a.s. account. No.: SK14 0200 0000 0042 8743 9659

Registered at the division Sro, file No. 48850/V of the commercial register of the District court Košice

E-mail: [email protected]

Phone number: +421905379313

Supervising body:

Slovak trade inspection

Prievozská 32

820 07 Bratislava

 

Article I – Terms

Seller The company KAVAZ s.r.o., which at concluding and fulfilling sale contract acts within the scope of its entrepreneurial activity in its own name, to its own account and which through the e-shop sells goods.
Consumer The legal person, who buys through the e-shop at the domain www.kavazbrazil.sk/en goods and to whom these goods serve for business activity.
E-shop The online store of the seller hosted at the domain www.kavazbrazil.sk/en
Goods Goods are offered through the e-shop.
Order The act of the consumer in regards with the e-shop, which expresses the consumer’s wish to buy goods at the e-shop.
Price The total cost featured in the order, in particular the price for all goods that the consumer ordered and is listed in the order, as well as VAT or other taxes, fees, including the shipping fee.
Shipping fee The cost of shipping of goods to the consumer and potentially of manipulation with the goods (e.g., the delivery of goods at a certain time).
GCC These General commercial conditions.

 

Article II – General norms

  1. These GCC regulate:

– the process of purchasing goods by the consumer through the e-shop,

– conditions of selling and purchasing goods through the e-shop of the seller,

– rights and duties of the contractual parties, i.e., the seller and the consumer, which result from the sale contract concluded between these parties that have as its object purchasing and selling of goods through the e-shop of the seller.

 

Article III – Order and conclusion of a contract

  1. The consumer orders goods from the seller through the e-shop hosted at the domain www.kavazbrazil.sk/en
  2. The description of the respective goods, their properties, stock availability, and price are listed in the e-shop at the respective goods.
  3. Nákup Tovaru v E-shope nie je podmienený registráciou v E-shope, pri ktorej je Spotrebiteľ povinný vyplniť údaje, ktoré od neho E-shop vyžaduje.
  4. The consumer orders goods from the seller through the e-shop, namely, according to instructions mentioned in this e-shop.
  5. After pushing the “Add to cart” button next to the respective goods, the ordered goods will be automatically added to the shopping cart of the respective consumer. The shopping cart of the consumer is at any moment during placing of the order available for this consumer to review.
  6. In the review of the shopping cart, the consumer also chooses the shipping method of the goods, according to the options offered by the seller.
  7. To the prices for the respective goods, VAT, etc. the shipping cost in accordance with the chosen shipping method will be added, if the seller offers the possibility to ship the goods in more ways.
  8. The order is completed by the consumer by pushing the “Order” button. Before that, the consumer is obligated to take account of these GCC and to confirm this awareness by clicking on the button (box?) “I confirm to have taken account of the General commercial conditions of the e-shop”. The e-shop www.kavazbrazil.sk requires that the consumer declares to: – have been properly informed on the loss of the right to withdrawal after the service has been provided; – have been properly informed on the loss of the right to withdrawal after the beginning of providing electronic content. In the above-mentioned cases, before completing the order the consumer must also push the buttons saying “I confer on the seller my explicit consent with the beginning of providing the service / electronic contents before the expiry of the period for withdrawal from the contract, and I declare that I have been properly informed by the seller on the loss of the right to withdrawal after the beginning of providing the service / electronic content before the expiry of the period for withdrawal from the contract.”
  9. By sending the order, i.e., by pushing the “Order” button, the consumer also confirms that he or she has been informed by the seller on:

– the properties of goods,

– the total price that the consumer is obligated to pay to the seller.

  1. After creating the order, this order will be registered in the system of the e-shop. The seller will send to the email of the consumer, which he or she indicated in the order, the following:

– confirmation of order with the information about the order,

– the text of GCC is valid and effective at the moment of creating the order by the consumer,

– the seller’s complaint rules, if it is not part of the GCC.

  1. By delivering to the consumer the confirmation of acceptance of the order according to paragraph 11 of this article of GCC together with other documents, the contract on purchasing goods is considered to be concluded, its object being the delivery of goods specified in the order for the price listed in, under the conditions included in the documents according to paragraph 11 of this article of the GCC.

 

Article IV – Payment and delivery conditions

  1. All prices of goods in the order as well as in the e-shop are listed without VAT. The consumer can pay the cost according to the order in the following way:

a) by bank transfer, or

b) by direct cash deposit in the bank to the seller’s account,

c) by mail order, i.e., by handing over cash to the deliverer while receiving the goods.

  1. The seller is not charging anything for the payment of the cost. However, the seller has informed the consumer that the subject with whom the payment of the cost is realized can charge a fee for payment (e.g., the respective bank at the deposit to an account).
  2. The consumer commits to pay the price within the period mentioned in the order.
  3. By payment, the moment of crediting the price to the seller’s account is meant.
  4. The seller commits to deliver the ordered goods to the consumer within the period of 10 working days from the payment of the price of the order or within the period of 15 working days from the conclusion of the contract according to Article III paragraph 11 of these GCC, if the mail order is chosen as the payment option.
  5. The seller delivers the ordered goods to the consumer at the address, which the consumer indicated in the order as the delivery address.

 

Article V – Information on the right of the consumer to withdraw from the contract

  1. The consumer has a right to withdraw from the contract without stating any reason, within 14 calendar days following the day of taking over the goods, while this period is considered observed if the notice about withdrawal from the contract was sent to the seller at the latest on the last day of the period. The goods are considered taken over by the consumer from the moment, in which the consumer or a third person destined by him, except for deliverer, takes over all parts of the ordered goods, or:

a) if more goods ordered by the consumer in the same purchase order are delivered separately, from the moment of taking over the product that was delivered as the last one,

b) if a good is delivered that consists of multiple parts or pieces, from the moment of taking over the last part or piece,

c) if a good is delivered repeatedly during a defined period, from the moment of taking over the first delivered product.

  1. The consumer exercises his or her right to withdraw from the contract according to paragraph 1 of this article of the GCC in the following way:

a) in written form at the seat of the seller, stated above, or

b) by email at the address [email protected]

  1. For the withdrawal from the contract according to paragraph 1 of this article of the GCC, the consumer is authorized to use the form that constitutes Annex 1 of these GCC. In the case that the consumer exercises his or her right to withdraw from the contract according to paragraph 1 of this article of the GCC, he or she returns the goods to the seller, precisely by shipping it to the seat of the seller indicated in these GCC no later than within 14 days following the day, on which he or she exercised the right to withdraw from the contract.
  2. At withdrawal from the contract according to paragraph 1 of this article of the GCC, the expenses necessary for returning the goods are borne by the consumer, including the expenses needed for returning goods that is by its nature impossible to return via post.
  3. The returned goods must not be damaged and must be sent to the seller together with the evidence of purchase, with complete accessories, documentation, wrapping, etc. The consumer is responsible for the decrease in the value of the goods that were not caused by normal wear and tear in the course of usage during the period of being able to withdraw according to paragraph 1 of this article of the GCC.
  4. The consumer, after having taken over the goods, during the period for withdrawing has the right to unwrap and try out the goods in a way that is adequate for finding out the properties and functionality of the goods.
  5. The seller, within 14 days following the day on which the withdrawal of the consumer according to paragraph 1 of this article of the GCC was delivered, returns to the consumer payments that are related to the withdrawal from the contract and that the seller accepted on the basis of the contract or in connection with it, including the expenses for shipping, delivery and postage and other expenses and fees. The seller returns the consumer payment according to the previous sentence in the same way that was used by the consumer at the payment for the goods if the consumer and the seller don’t reach another agreement. The costs for shipping, delivery, and postage are, however, covered only to the extent of the cheapest ordinary method of shipment, offered by the seller, regardless of the delivery method chosen by the consumer. The seller is not obligated to return to the consumer the payment before the goods are delivered back to him or before the consumer proves that he or she has sent the goods back.
  6. The consumer cannot withdraw from a contact, whose object is:

a) providing of service if its providing started with the explicit consent of the customer and the customer has declared to have been properly informed that by expressing this consent he or she loses the right to withdraw from the contract after a full provision of the service, and if the full provision of the service has occurred;

b) the selling of goods that were manufactured according to the specific requirements of the customer, tailor-made goods or goods destined specifically for a single customer;

c) the selling of goods that undergoes a rapid decrease in quality or deterioration;

d) the selling of audio recordings, video recordings, audio-visual recordings, books, or PC software sold in protective packaging, if the customer has opened this packaging;

e) the selling of goods enclosed in protective packaging, which is not suitable for return due to reasons of health protection or hygienic reasons, and whose packaging has been broken after delivery;

f) the selling or providing of service, whose price depends on the fluctuation of prices on the financial market, that the seller cannot influence and that can happen throughout the duration of the period for withdrawing from the contract;

g) the selling of goods that by its nature can after delivery be inseparably mixed with other goods;

h) the selling of alcoholic beverages, whose price was agreed upon at the moment of conclusion of the contract, while their delivery is realizable only after 30 days and their price depends on the fluctuation of prices on the market, that the seller cannot influence;

i) the selling of periodicals, except for selling based on an agreement on subscription, and the selling of books not delivered in protective packaging;

j) the providing of electronic contents other than physical media if it providing started with the explicit consent of the customer and the customer has declared that he or she was properly informed that by expressing this consent they lose the right to withdraw from the contract.

 

Article VI – Acquisition of property and transfer of the risk of damage to the merchandise

  1. The consumer acquires property right towards the goods only by fully paying the whole price.
  2. The risk of damage to the goods is transferred on the consumer at the moment in which he or she takes over the goods from the seller or if he or she doesn’t do so on time, at the moment in which the seller makes it possible for him or her to use the goods and the consumer doesn’t take it over.

 

Article VII – Complaint order (responsibility for defects, guarantee, complaints)

  1. Upon taking over the goods, the consumer must check whether:

– the goods have been delivered in accordance with the purchase order,

– the goods have been delivered in the amount specified in the purchase order,

– the goods or its packaging is damaged.

  1. In the case that the consumer was delivered goods that he or she had not ordered, the consumer must immediately, within 24 hours, contact the seller by email. In this case, the consumer is allowed not to take over the goods and together with the person, who delivered the goods, to write down a report about not accepting the delivery.
  2. In the case that the consumer was delivered goods that show signs of damage, obvious defects, or it was delivered in an amount lesser than ordered by the consumer, the consumer must take over the goods, while stating these facts in the delivery note. The consumer must immediately send such a delivery note to the seller and claim his or her compensation for the defects. Later complaints regarding the brokenness, damage or amount of goods, after it has been delivered, will not be accepted. If the consumer refuses to take over the goods in accordance with this paragraph of these GCC, the seller may withdraw from the sale contract.
  3. The consumer can complain about the goods by email at [email protected] or via mail at the address of the current seat of the seller, attaching documents such as delivery notes and invoices. In the complaint the consumer must indicate:

a) his or her own identity information,

b) the information about the seller,

c) description of goods that the consumer is complaining about,

d) description of the defect of the goods,

e) the order number that the complaint is referring to.

  1. If the complaint is made by means of remote communication, the seller is bound to deliver the confirmation of acceptance of the complaint to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without unnecessary delay, at the latest together with the evidence about the processing of the complaint.
  2. The guarantee period starts with the day on which the consumer has taken over the goods. The guarantee period is 24 months unless it is stated otherwise in the documents related to the goods. If on the goods, its packaging or manual attached to it a longer period is indicated, then the guarantee period does not end before this period expires. Rights resulting from the responsibility for defects are exercised with the seller in the following way:
  3. The guarantee does not concern damage on the goods caused among other things:

a) by normal or excessive mechanical wear and tear,

b) by pollution of the goods or its parts as a result of neglecting the maintenance, the care of the goods,

c) by using the goods in conditions that do not correspond in temperature, dustability, humidity, chemical and mechanical impacts of the environment to those, in which the goods are normally used,

d) by external influences, e.g., by a fall or crash, entering of water, fire,

e) by interfering with the goods by a non-authorized person (non-professional repairs, installations, or modifications),

f) by using the goods in a way contrary to the instruction, technical norms, other documentation regarding the goods or the purpose to which it is destined,

g) by mechanical damage, especially torn, cut, thermally damaged goods, goods damaged by a careless, overly physical manipulation, intentional scratching the layers of the goods, etc.,

h) by not reporting on obvious defects in the moment of taking over the goods,

i) after the period for using the goods or the guarantee period has expired.

The guarantee also does not concern damages caused as a result of a natural disaster, natural catastrophe, violent damaging, climate conditions, or usage in extreme and unusual conditions.

  1. The seller is responsible for defects, which the sold thing has at the moment of being taken over by the consumer. When selling used products, the seller is not responsible for defects caused by using or wear and tear. In the case of things sold at a discounted price, the seller is not responsible for defects, because of which a lower price has been negotiated.
  2. If the concerned product is a thing that is quickly perishable or used, it is the seller who is responsible for the defects that appear after taking over the thing during the guarantee period.
  3. The seller is obligated to define the method of processing complaints immediately, in more difficult cases within 3 days from the beginning of the complaint procedure, in justified cases, especially when a complex technical assessment of the state of goods is needed, within 30 days following the day on which the complaint procedure began. Notification about the method of processing the complaint can be done by the seller via email to the address that the consumer indicated in the purchase order. After deciding the method of processing the complaint, the seller processes the complaint immediately, in justified cases however the complaint can be processed later. Nevertheless, processing the complaint must not last longer than 30 days following the day on which the complaint was realized. After the period for processing the complaint has passed in vain, the consumer has a right to withdraw from the sale contract.
  4. The seller shall inform the consumer about the termination and the result of the complaint procedure by email or via registered mail. If the consumer raised the complaint toward the goods during the first 12 months from the conclusion of the sale contract, the seller may process the complaint by refusing it only based on a report of an expert or a statement issued by an authorized, notified, or accredited person or a statement of an appointed person (hereafter, “expert assessment of goods”). Regardless of the result of the expert assessment, the seller may not require the consumer to pay for the expert assessment of goods, nor any expenses connected with the expert assessment of goods.
  5. Expert assessment of goods must include:

a) identification of the person who carries out the expert assessment,

b) a detailed identification of the assessed product,

c) description of the state of the product,

d) result of the assessment,

e) the date on which the expert assessment was issued.

  1. The seller is obligated to provide the consumer with a copy of the expert assessment, which justifies the refusal of the complaint, not later than 14 days following the day on which the complaint was processed.
  2. If the consumer complains about the product after 12 months from the conclusion of the contract and the seller has refused it, he is obligated to state in the notice on the processing of the complaint who the consumer can send the goods for expert assessment to. If the consumer sends the goods for expert assessment to the person indicated in the notice on the processing of the complaint, the expenses for the expert assessment of goods as well as all other expenses related to it that were effectively spent are borne by the seller regardless of the result of the expert assessment. If the consumer through the expert assessment done by the person indicated by the seller proves the responsibility of the seller for the claimed defect on the goods, he or she can raise a complaint again; while the expert assessment of goods is being carried out, the guarantee period does not run. The seller is obligated to pay the consumer within 14 days from the day of the again-raised complaint all expenses spent for the expert assessment of goods as well as all other effectively spent expenses related to it. The again-raised complaint cannot be refused.
  3. If a defect is dealt with that can be repaired, the consumer has a right to its free, fast and proper repair. The seller can always replace the defective goods for a flawless one instead of repairing the defect. If it is a defect that cannot be fixed and that constitutes an impediment to proper usage of the goods, compared to its flawless state, the consumer has a right to its replacement or to the withdrawal from the contract. The consumer is entitled to the same rights, if, although it is reparable defects that are dealt with, the consumer cannot use the goods properly due to reoccurrence of the defect after a repair or due to multiple defects. At least three defects are considered as multiple defects, and the occurrence of the same defect after at least two repairs is considered a reoccurrence of defect.
  4. By processing a legitimate complaint, the guarantee period is prolonged by the amount of time, during which the complaint is lasting. If the complaint was processed within the lawful guarantee period by substitution of the goods for a new one, the guarantee period will re-start again from the day on which the complaint was processed.
  5. The seller has not issued any further codes of conduct, apart from these GCC, that he is bound to observe.

 

Article VIII – Personal data and their protection

  1. Information on the processing of personal data can be found at www.kavazbrazil.sk/en/privacy-policy.

 

Article IX – Alternative solution of disputes

  1. The purpose of this article of the GCC is to inform the consumer on the possibility and conditions of alternative solutions to disputes between the seller and the consumer.
  2. The alternative solution of disputes is the action of a subject of the alternative solution of disputes whose goal is to reach a reconciling settlement of disputes between parties, i.e., between the consumer and the seller. The consumer can resolve his or her disagreement with the seller through the alternative solution of disputes.
  3. The competent body (subject) of alternative solution of disputes is, in accordance with the generally binding legal norms, the Slovak trade inspection, to which the consumer can reach out, or another subject that is mentioned in the list of subjects of alternative solution of disputes, made publicly accessible on the website of the Ministry of Economy of the Slovak republic – http://www.mhsr.sk
  4. The consumer can obtain information on conditions and platform of alternative solutions of disputes at http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi
  5. The consumer can solve the disagreement between him or her and the seller also through the ODR (Online dispute resolution) platform. The consumer can inquire about conditions and the ODR platform of alternative solutions of disputes at http://ec.europa.eu/consumers/odr/

 

Article X – Final norms

  1. Relations that are not regulated by the purchase order and these GCC are governed by respective provisions of the Act No. 102/2014 Z. z. on protection of the consumer at selling of goods or providing of services on the basis of a contract concluded at distance or a contract concluded outside of the operating space of the seller and on modification and addition to some pieces of legislation, as amended by later regulations, of the law 250/2007 Z. z. on protection of the consumer and on modification of the Slovak national council Act No. 372/1990 Zb. on offences, as amended by later regulations, of the Act No. 22/2004 Z. z. on electronic commerce and on modification and addition to the Act No. 128/2002 Z. z. on state control of the internal market in the realm of consumer protection and on modification and addition to some pieces of legislation, as amended by the Act No. 284/2002 Z. z., and of the Act No. 40/1964 Zb. of the Civil code, as amended by later regulations.
  2. The consumer declares that he or she got informed about these GCC and commits to comply with them.
  3. These GCC become valid and come into effect on 1 February 2021.