Terms and conditions

GENERAL TERMS AND CONDITIONS

I.

Basic provisions

1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued:

Tomáš Szépe Montiwood.sk

IČ: 54456860

Tax ID: 1074821627

with its registered office at E.B. Lukáča 40/24 94501 Komárno

registered u ..... court, section...., insert.....

contact details:

email info@montiwood.sk

phone +421 905 367 349

www.montiwood.sk

(hereinafter referred to as the "Seller")

2. These Business Terms and Conditions govern the mutual rights and obligations of the seller and the natural person who concludes the purchase contract outside his business as a consumer or in the course of his business activity (hereinafter: "buyer") through a web interface located on the website available at the internet address... www.montiwood.sk (hereinafter referred to as the "Online Store").

3. The provisions of the terms and conditions are an integral part of the purchase contract. The deviation arrangement in the purchase contract shall take precedence over the provisions of these Terms and Conditions.

4. These terms and conditions and the purchase contract are concluded in the Slovak language.

II.

Information about goods and prices

1. Information about the goods, including the price of the individual goods and their main characteristics, is provided for the individual goods in the catalogue of the online store. The prices of the goods are indicated, including value added tax, all related fees and the cost of returning the goods, if these goods, by their very nature, cannot be returned by the usual postal route. The prices of the goods remain valid for the period for which they are displayed in the online store. This provision does not preclude the negotiation of the purchase contract on individually agreed terms.

2. All presentation of the goods placed in the catalogue of the online store is of an informative nature and the seller is not obliged to conclude a purchase contract in respect of these goods.

3. Information on the costs associated with the packaging and delivery of goods is published in the online store. The information about the costs associated with the packaging and delivery of goods provided in the online store is valid only in cases where the goods are delivered within the territory of the Slovak Republic.

4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III.

Order and conclusion of the purchase contract

1. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself. These costs do not differ from the base rate.

2. The buyer places an order for the goods in the following ways:

  • through his customer account, if he has made a previous registration in the online store,
  • by filling in the order form without registration.

3. When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment and delivery.

4. Before sending the order, the buyer is allowed to check and change the data he has entered into the order. The order is sent by the buyer to the seller with the click of a button....... The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation by the buyer that he has become acquainted with 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 e-mail address entered by the Buyer when ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. Attached to the confirmation are the seller's current terms and conditions. The purchase contract is concluded only after the seller has received the order. Notifications of acceptance of the order are delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation shall be deemed to constitute the conclusion of the contract. Attached to the confirmation are the seller's current terms and conditions. The purchase contract is concluded by confirming the order by the seller to the buyer's email address.

6. In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send an amended offer to the Buyer's e-mail address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in this case by the buyer's confirmation of acceptance of this offer to the seller at his e-mail 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 notification of acceptance of the order by the Seller. The Buyer may cancel the order by phone at the Seller's phone number or by electronic message to the Seller's e-mail, both specified in these Terms and Conditions.

8. In the event that there was an obvious technical error on the part of the Seller when indicating the price of the goods in the online store or in the course of ordering, the Seller is not obliged to deliver the goods to the Buyer at this quite manifestly erroneous price, even if the Buyer has been sent an automatic confirmation of receipt of the order under these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in this case by a confirmation of receipt by the buyer to the seller's e-mail address.

IV.

Customer account

1. Based on the buyer's registration made in the online store, the buyer can access his customer account. From his customer account, the buyer can carry out the ordering of goods. The buyer can 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 the data provided in the user account in the event of any change. The data provided by the Buyer in the customer account and when ordering the goods are considered correct by the Seller.

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 is not responsible for any misuse of the customer account by third parties.

4. The buyer is not entitled to allow third parties to use the customer account.

5. The seller may cancel the user account, especially in the event that the buyer does not use his user account for a long time, or in the event that the buyer violates his obligations under the purchase contract and these terms and conditions.

6. The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, for example. necessary maintenance of hardware and software equipment of third parties.

In.

Payment terms and delivery of goods

1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer in the following ways:

  • cashless transfer to the seller's bank account No....., kept with.....
  • cashless payment card
  • cashless transfer to the seller's account through the payment gateway....,
  • cash on delivery on receipt of the goods,
  • in cash or by credit card for personal collection at the premises,
  • in cash or by credit card for personal collection at the consignment point.

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the contractual amount. Unless expressly stated otherwise below, the purchase price also means the cost associated with the delivery of the goods.

3. In the case of payment in cash, the purchase price shall be payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable by .... days from the conclusion of the purchase contract.

4. In the case of payment through a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount 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 sending the goods is not a deposit.

7. According to the Act on Sales Records, the seller is obliged to issue a cash receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical outage, then no later than 48 hours.

8. The goods are delivered to the buyer:

  • to the address specified by the buyer in the order
  • by means of a dispensary to the address of the dispensary designated by the buyer,
  • by personal collection in the seller's establishment.

9. The choice of delivery method is made during the ordering of goods.

10. The cost of delivery of the goods, depending on the method of dispatch and receipt of the goods, is indicated in the buyer's order and in the seller's order confirmation. In the event that the mode of transport is agreed on the basis of a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this mode of transport.

11. If, according to the purchase contract, the seller is obliged 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. In the event that for 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 the repeated delivery of the goods or the costs associated with another method of delivery.

12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier.

13. The seller issues a tax document – invoice – to the buyer. The tax document is sent to the buyer's e-mail address./The tax document is attached to the delivered goods.

14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including the cost of delivery, but first by taking over the goods. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.

VI.

Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract without giving any reason.

2. The withdrawal period is 14 days

  • from the date of receipt of the goods,
  • from the date of receipt of the last supply of goods, if the subject of the contract is several types of goods or the delivery of several parts
  • from the date of receipt of the first delivery of the goods, if the subject of the contract is a regular repeated supply of the goods.

3. The buyer may not, inter alia, withdraw from the purchase contract:

  • on the provision of services, if they have been fulfilled with his prior express consent before the expiry of the period for withdrawal from the contract and the seller has notified the buyer before the conclusion of the contract that in such a case he has no right of withdrawal and if the service has been fully provided,
  • on the supply of goods or services the price of which depends on fluctuations in the financial market, independently of the will of the seller, and which may occur during the withdrawal period,
  • on the supply of alcoholic beverages the price of which was agreed at the time of conclusion of the contract, which may be delivered only after the expiry of thirty days and the price of which depends on market fluctuations independent of the will of the seller,
  • on the delivery of goods which have been modified according to the buyer's wishes, custom-made goods or goods intended specifically for one buyer,
  • on the supply of perishable goods as well as goods which, by their nature, have been irreversibly mixed with other goods after delivery,
  • on the supply of goods in sealed packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,
  • on the supply of phonograms, video recordings, phonograms, books or computer software, if they are sold in protective packaging and the buyer has unpacked the packaging,
  • on the supply of newspapers, periodicals or magazines, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
  • on the delivery of electronic content other than on a tangible medium, if its provision has begun with the express consent of the buyer and the buyer has declared that he has been duly informed that by expressing such consent he loses the right of withdrawal,
  • in other cases specified in § 7 par. 6 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller, as amended.

4. In order to comply with the withdrawal period, the Buyer must send a declaration of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the buyer can use the sample withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the Buyer to the Seller's e-mail or delivery address specified in these Terms and Conditions. The seller shall acknowledge receipt of the form to the buyer without delay.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by the usual postal route due to their nature.

7. If the Buyer withdraws from the contract, the Seller shall return to him without delay, but no later than 14 days after the withdrawal from the contract, all funds, including delivery costs, received from him in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees to this and if he does not incur additional costs.

8. If the Buyer has chosen a method other than the cheapest method of delivery of the goods offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in an amount corresponding to the cheapest method of delivery offered.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he sent the goods to the seller.

10. The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in their original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

11. The seller is entitled to withdraw from the purchase contract due to the sale of stocks, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the order and return within 14 days of the notice of withdrawal from the purchase contract all funds, including delivery costs, received from him under the contract in the same way or in the manner specified by the Buyer.

VII.

Rights arising from defective performance

1. The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:

  • the goods have the characteristics which the parties have negotiated and, in the absence of an arrangement, have such characteristics as the seller or producer has described or which the buyer expected having regard to the nature of the goods and on the basis of the advertising made by the seller,
  • the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
  • the goods correspond to the quality or presentation of the agreed sample or model, if the quality or design has been determined according to the agreed sample or model,
  • the goods are in the appropriate quantity or weight, and
  • the goods comply with the requirements of the legislation.

2. If the defect becomes apparent within six months of receipt of the goods by the buyer, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to exercise rights from a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, for wear and tear of the goods caused by their normal use, for second-hand goods for a defect corresponding to the degree of use or wear which the goods had when taken over by the buyer, or if this results from the nature of the goods.

3. In the event of a defect, the Buyer may submit a complaint to the Seller and demand:

  • if it is a defect that can be eliminated:
  • free removal of the defect of the goods,
  • exchange of goods for new goods,
  • if it is a defect that cannot be remedied:
  • a reasonable discount on the purchase price,
  • withdraw from the contract.

4. The buyer has the right to withdraw from the contract,

  • if the goods have a defect which cannot be remedied and which prevents the item from being properly used as a defect-free item,
  • if he cannot use the goods properly due to the recurrence of defects or defects after repair,
  • if he cannot use the goods properly due to a greater number of defects in the goods.

5. The seller is obliged to accept the complaint in any establishment in which the receipt of the complaint is possible, or even at the registered office or place of business. The consumer can also file a complaint with the person designated by the seller. If the consumer's complaint is handled by a person designated by the seller, the latter can only settle the complaint by handing over the repaired goods, otherwise he will forward the complaint to the seller for processing. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of settling the complaint the Buyer requires, as well as confirmation of the date and method of settling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.

6. If the consumer files a complaint, the seller or his authorized employee or designated person is obliged to inform the consumer about his rights arising from the defective performance. Based on the consumer's decision which of the rights arising from the defective performance he claims, the Seller or a worker authorized by him or a designated person is obliged to determine the method of settling the complaint immediately, in complex cases no later than three working days from the date of application of the advertisements, in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of the complaint. . After determining the method of settling the complaint, the complaint, including the elimination of the defect, must be settled immediately, while in justified cases the complaint can be settled later. However, the settlement of the complaint, including the removal of the defect, may not take longer than 30 days from the date of filing the complaint. The vain expiry of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of filing a complaint is considered to be the moment when the buyer's will is expressed (exercise of the right from defective performance) to the seller.

7. The seller shall inform the buyer in writing about the outcome of the complaint, no later than 30 days from the date of filing the complaint.

8. The right of defective performance does not belong to the buyer if the buyer knew before taking over the item that the item had a defect or if the buyer caused the defect himself.

9. In the event of a legitimate complaint, the Buyer has the right to reimbursement of expediently incurred costs incurred in connection with the filing of the complaint. This right can be exercised by the Buyer with the Seller within a period of up to one month after the expiration of the warranty period.

10. The choice of the method of complaint and its settlement, if there are several options, lies with the buyer.

11. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by § 499 to 510, § 596 to 600 and § 619 to 627 of Act No. 40/1964 Coll. of the Civil Code, as amended, and by Act No. 250/2007 Coll., on Consumer Protection, as amended.

12. Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaint Procedure.

VIII.

Service

1. The Contracting Parties may deliver all written correspondence to each other by electronic mail.

2. The Buyer shall deliver correspondence to the Seller to the e-mail address specified in these Terms and Conditions. The seller delivers correspondence to the buyer to the e-mail address specified in his customer account or in the order.

IX.

Out-of-court dispute resolution

1. The consumer shall have the right to turn to the seller for redress if he is not satisfied with the way in which the seller has handled his complaint or if he considers that the seller has infringed his rights. The consumer has the right to file a motion to initiate alternative (out-of-court) dispute resolution with an alternative dispute resolution entity if the seller has responded to the request under the previous sentence in a negative manner or has not replied to it within 30 days from the date of its dispatch. This is without prejudice to the consumer's ability to go to court.

2. The Slovak Trade Inspection, with its registered office at: Prievozská 32, 827 99 Bratislava, IČO: 17 331 927, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract, which can be contacted for the above purpose at the address Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at ars@soi.sk or adr.@soi.sk. Internet address: https://www.soi.sk/. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

3. European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk/ is the contact point pursuant to 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 Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

4. The seller is entitled to sell the goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent District Office of the Trade Licensing Department. The Slovak Trade Inspection carries out, to a limited extent, among other things, supervision of compliance with Act No. 250/2007 Coll. on Consumer Protection, as amended.

X.

Final provisions

1. All arrangements between the Seller and the Buyer shall be governed by the law of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights under generally binding legal regulations.

2. The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of Act No. 250/2007 Coll. on Consumer Protection, as amended.

3. All rights to the Seller's website, in particular the copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logo and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the seller's consent.

4. The seller shall not be liable for errors arising as a result of the intervention of third parties in the online store or as a result of its use contrary to its intended purpose. When using the online store, the buyer must not use procedures that could negatively affect its operation and must not perform any activity that could allow him or third parties to tamper with or use the software or other components that make up the online store and use the online store or its parts or software in a way that would be contrary to its purpose or purpose.

5. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.

6. The wording of the terms and conditions may be amended or supplemented by the seller. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

These Terms and Conditions enter into force on 26.09.2022