Terms and Conditions
GENERAL TERMS AND CONDITIONS
PART I. TERMS AND CONDITIONS FOR CONSUMERS
1 General Provisions
1.1 These general terms and conditions (hereinafter also referred to as "terms and conditions") regulate the rights and obligations of the parties arising from the purchase contract concluded between the seller, Veles-X s.r.o., located at A.Stodolu 5264/31, 03601 Martin, ID No.: 51001268, registered in the Commercial Register kept by the District Court of Žilina, Section: Sro, File No.: 78511/L, VAT No.: SK2120549321, responsible person for store operation: Róbert Halecký (hereinafter referred to as "seller") and the buyer - consumer, the subject of which is the purchase and sale of goods on the seller's e-commerce website.
Seller's contact information:
e-mail: podpora@velesx.sk
phone: 0947 948 946
mailing address:
Veles-X, s.r.o.
Tri Vody V, 1616/52
90045 Malinovo
Account number for cashless payments:
Tatrabanka
IBAN: SK09 1100 0000 0029 4204 1964
Supervisory Authority:
Slovak Trade Inspection (SOI)
SLOVAK TRADE INSPECTION,
Inspectorate SOI for the Bratislava Region
Bajkalská 21/A, P. O. BOX 5, 820 07 Bratislava
Department of Supervision
ba@soi.sk
phone: 02/58 27 21 72, 02/58 27 21 04
fax: 02/58 27 21 70
Department of Technical Control of Products and Consumer Protection phone number: +421 2 58 272 172 and +421 2 58 272 104
1.2 The buyer within the meaning of this part of the terms and conditions is understood to be the consumer.
1.3 For the purposes of these terms and conditions, a consumer is understood to be a natural person who, when concluding and fulfilling the purchase contract, does not act within the scope of his business activity, employment, or profession.
1.4 The buyer, as a consumer, shall provide his name, surname, residential address, telephone number, and email contact when placing an order.
1.5 The general terms and conditions are an integral part of the purchase contract. In the event that the seller and the buyer conclude a written purchase contract in which they agree on conditions different from the general terms and conditions, the provisions of the purchase contract shall take precedence over the general terms and conditions.
1.6 The list of goods on any e-commerce website operated by the seller is a catalog of commonly supplied goods, and the seller does not guarantee the immediate availability of all listed goods. The availability of the goods will be confirmed to the buyer based on the buyer's inquiry.
2 Method of concluding the purchase contract
2.1 The purchase contract is concluded by the binding acceptance of the proposal to conclude the purchase contract by the buyer by the seller in the form of a form filled in and sent by the buyer on the seller's website (hereinafter referred to as the "order"). In case the seller and the consumer conclude a purchase contract via the website www.velesx.sk, the seller is obliged to comply with all the obligations set out by Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's business premises and on the amendment and supplementation of certain laws (hereinafter referred to as the "Consumer Protection Act in the Sale of Goods"). All prices for goods and services and all fees in the e-shop are quoted in EUR including VAT. The condition for concluding the purchase contract is the truthful and complete completion of all data and requirements specified in the order.
2.2 The binding acceptance of the buyer's order by the seller is an e-mail confirmation by the seller to the buyer of the acceptance of the order after the previous receipt of the order by the buyer and after verification of the availability of the goods, the valid prices, and the delivery date of the goods requested by the buyer, marked as "order confirmation". In case a higher price is found, the seller is obliged to request the customer's consent to the change of price according to the current price list before confirming the order. Only upon the customer's consent to the price change and the subsequent confirmation (acceptance) of the order by the seller is the contractual relationship considered concluded. All prices for goods and services and all fees in the e-shop are quoted including VAT. An automatically generated notification of receipt of the order into the seller's electronic system, which the buyer receives to his e-mail address immediately after sending his order, is not considered a binding acceptance of the order; this notification is for the purpose of informing the buyer of the receipt of his order. All further information regarding his order will be sent to the buyer if necessary, to his email address.
2.3 The binding acceptance of the order contains in particular data on the name and specification of the goods, the sale of which is the subject of the purchase contract, further data on the price of the goods and/or other services, data on the delivery period of the goods, the name and data on the place where the goods are to be delivered, and data on the price, conditions, method, and time of transport of the goods to the agreed place of delivery of the goods to the buyer, data on the seller (business name, registered office, ID number, registration number in the commercial register, etc.), or other data.
2.4 The buyer may deliver by electronic mail or telephone to the seller within 24 hours of delivery of the order to the seller a notice that the order is canceled in the event that the contract has not yet been validly concluded under Article II. This provision is without prejudice to the right under Section 7(5) of Act No. 102/2014 Coll., under which the consumer may withdraw from the contract (if already concluded), the subject of which is the supply of goods, even before the commencement of the period for withdrawal from the contract. The buyer is obliged to state in the notice of cancellation of the order his name, e-mail, and description of the ordered goods. If the buyer has paid the purchase price or part thereof to the seller at the time of cancellation of the order, the seller shall return the already paid purchase price or part thereof within 14 days of cancellation of the order in the same manner as the consumer used for his payment.
2.5 According to the amendment of Act No. 222/2004 Coll. on value-added tax, it is not possible to change data in an already issued tax document (invoice) from 1.1. 2013. Data in the tax document (invoice) can only be changed if the customer has not yet accepted and paid for the goods.
2.6 In the event of ongoing promotions, the sale of goods on the seller's website is governed, in addition to these general terms and conditions, by the binding conditions of the relevant promotion. In the event that the buyer orders goods in violation of the terms of the relevant promotion, the seller is entitled to cancel the buyer's order. The customer will be informed of the cancellation of the order by e-mail and in the event of payment of the purchase price or part thereof, the funds will be refunded within 14 days to the account specified by him, unless otherwise agreed with the seller.
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3 Rights and Obligations of the Seller
3.1 The seller is obliged to:
1. deliver to the buyer the goods based on the order confirmed by the seller in the agreed quantity, quality, and time and pack it or;
2. prepare it for transportation in a manner necessary for its preservation and protection;
3. ensure that the delivered goods comply with the applicable legal regulations of the Slovak Republic and provide the buyer at the latest along with the goods in written or electronic form all documents necessary for the receipt and use of the goods and other documents required by applicable legal regulations (tax document, etc.).
3.2 The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
3.3 The seller has the right to cancel the order before binding acceptance if, due to the depletion of stock or unavailability of goods, he is unable to deliver the goods to the buyer within the period specified by these terms and conditions or at the price stated in the online store, unless agreed otherwise with the customer. The customer will be informed of the cancellation of the order by e-mail.
3.4 Veles-X s.r.o. reserves the right to verify the identity of the buyer or the person authorized to collect the goods in person at its collection point in cases where the delivery of goods is paid in advance by card, bank transfer, or invoice with due date.
4 Rights and Obligations of the Buyer
4.1 The buyer is obliged to:
1. take delivery of the purchased or ordered goods,
2. pay the seller the agreed purchase price within the agreed due date, including delivery costs,
3. not damage the good business name of the seller,
4. confirm receipt of the goods on the delivery note with his signature or the signature of the person authorized by him.
4.2 The buyer has the right to the delivery of goods in the quantity, quality, time, and place agreed by the contractual parties in the binding acceptance of the order.
5 Delivery and Payment Terms
5.1 The seller provides transportation only within the territory of the Slovak Republic. If the buyer wishes to send goods abroad, such transportation cannot be realized. The buyer will be offered the possibility to collect the goods at the seller's warehouse after mutual agreement. In any case, the contractual relationship where the buyer is a foreigner will be governed by Slovak legal regulations, and in case of dispute, the court in the Slovak Republic will have local and subject-matter jurisdiction.
5.2 Goods are sold according to the displayed samples, catalogs, data sheets, and sample books of the seller placed on the seller's e-commerce website. The delivered goods have a minimum shelf life of more than 2 months before the expiration date. In case of a shorter shelf life, the seller will contact the buyer by phone or email before delivery and deliver the goods only after the buyer's consent.
5.3 The seller is obliged to fulfill the buyer's order and deliver the goods to the buyer within 30 days from the acceptance of the buyer's order by the seller; this delivery period is accepted by the buyer without reservation. The delivery of the goods is carried out by the seller through the use of courier services of third parties, and this on working days from 8:00 am to 5:00 pm.
5.4 The seller provides the following delivery options for goods and/or services and fees for these individual delivery options for goods and/or services (valid for the entire territory of the Slovak Republic).
Courier SPS – 3.9 EUR including VAT (per order)
5.5 The buyer is obliged to take delivery of the goods at the place specified in the acceptance of the buyer's order by the seller. If the buyer, without prior written withdrawal from the contract, does not take delivery of the goods within five working days after the expiration of the period specified in the purchase contract, the binding acceptance entitles the seller to claim compensation for the damage incurred in the amount of the actual costs of the attempt to unsuccessfully deliver the order. After five working days from the date the buyer was obliged to take delivery of the goods, the seller is entitled to withdraw from the purchase contract and sell the goods to a third party.
5.6 The seller is entitled to invite the buyer to take delivery of the goods before the expiration of the period agreed in the purchase contract.
5.7 The color display of the goods on the monitor may not exactly correspond to the actual color shades as perceived by the buyer in reality. The display of color shades depends, among other things, on the quality of the display monitor or other display device used by you.
5.8 The place of delivery of the goods is the place specified in the acceptance of the buyer's order by the seller unless otherwise agreed by the contractual parties in the purchase contract.
5.9 If the seller delivers the goods to the buyer at the place specified in the purchase contract by the buyer, the buyer is obliged to take delivery of the goods personally or ensure that the goods are taken delivery of by a person authorized in case of his absence to take delivery of the goods specified in the purchase contract and sign the delivery and handover protocol. A third person authorized to take delivery of the goods specified in the purchase contract is obliged to present to the seller the original or a copy of the purchase contract and the payment document for the goods and written authorization. If it is necessary to repeat the delivery of the goods due to the absence of the buyer at the place specified in the purchase contract, all costs incurred in this connection shall be borne by the buyer, especially repeated delivery of the goods to the place of destination specified in the purchase contract.
5.10 The buyer is entitled to check the shipment, i.e., the goods as well as their packaging, immediately upon delivery. If the buyer finds that the goods or packaging of the goods are mechanically damaged, he is entitled to notify the carrier of this fact and check the condition of the goods in the presence of the carrier. In the event of damage to the goods upon receipt by the buyer, he has the right to refuse to accept the goods immediately upon receipt. The carrier is obliged to make a so-called damage report in the presence and at the request of the buyer. Based on such a record delivered to the seller, the seller may, after settling the damage event with the carrier, provide the elimination of the defect of the goods, a discount on the goods, and in case of irremediable defects of the goods, deliver new goods to the buyer. Later complaints of this type will need to be proven. An incomplete or damaged shipment must be reported immediately by e-mail to the address: podpora@velesx.com, write a damage report with the carrier and send it by e-mail or mail to the seller's address without undue delay. Otherwise, such a complaint about the goods will only be recognized if the buyer proves that the goods had the claimed defects at the time of receipt.
5.11 The buyer is entitled, in case of non-delivery of the goods by the seller within the period specified in 5.3. of the Terms and Conditions, to withdraw from the purchase contract, and the seller is obliged to return to the buyer the already paid part of the purchase price without undue delay, but no later than within 14 days from the delivery of the withdrawal from the purchase contract in the same manner as the buyer used for his payment, unless agreed otherwise with the buyer on another method of return without charging additional fees to the buyer.
5.12 Each shipment includes an invoice - a tax document, which also serves as a delivery and warranty certificate unless a separate warranty certificate of the manufacturer is attached to the ordered goods.
5.13 Payment methods:
1. cash on delivery - in cash or by card upon receipt of the goods, 1 €;
2. bank transfer based on the issued proforma invoice, 0 €. However, if the buyer does not pay the purchase price within 5 days from the date of delivery of the proforma invoice to the buyer, the seller withdraws from the contract by the expiry of this period, and thus the purchase contract is canceled from the beginning. The contractual parties are obliged to return everything they have fulfilled to each other until the cancellation of the purchase contract;
6 Purchase Price
6.1 The buyer is obliged to pay the seller the purchase price of the goods agreed in the purchase contract and/or according to the seller's price list valid at the time of the conclusion of the purchase contract, including delivery costs (hereinafter referred to as the "purchase price"). All prices listed on the seller's website are final. The price of the goods does not include the cost of delivery and packing. Any delivery and packing costs will be charged at the end of the order. The buyer pays the price for the goods as listed on the seller's website at the time of placing the order. Individual discounts for buyers are subject to a separate agreement.
6.2 If the buyer pays the purchase price to the seller by bank transfer, the day of payment is considered to be the day when the entire purchase price is credited to the seller's account.
6.3 The buyer is obliged to pay the seller the purchase price for the agreed goods within the period according to the purchase contract, but no later than upon receipt of the goods.
6.4 If the buyer pays the seller the purchase price for the goods agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and request a refund of the purchase price only in accordance with the applicable legal regulations of the Slovak Republic.
6.5 Costs associated with the assembly and installation of the goods are not included in the purchase price of the goods and the seller is not obliged to provide these services to the buyer.
6.6 All promotions are valid until stocks are exhausted, unless otherwise stated for a specific product.
6.7 In the event that the purchase price for returned or claimed goods and goods subject to withdrawal from the contract is paid by the buyer in the form of gift certificates or a combination of gift certificates and cash, the seller will refund the purchase price to the buyer in the same form as it was paid by the buyer (i.e., in the same way as the buyer used for his payment, unless agreed otherwise with the buyer on another method of return without charging additional fees to the buyer).
6.8 The buyer is entitled to purchase only such a quantity that corresponds to the normal operation of a household or the normal operation of the entrepreneur's business. None of the seller's goods are intended for industrial or professional use. The seller's goods are not intended for resale. If the buyer orders or purchases such a quantity that does not correspond to the normal operation of a household or the normal operation of the entrepreneur's business or the seller considers that such goods will be used for resale, the seller is entitled to cancel the order, and in the case that the order has been confirmed, to withdraw from the purchase contract without any further claims by the buyer.
6.9 The recycling fee is displayed separately for each electrical appliance and is also stated in the tax document for the buyer.
7 Acquisition of Ownership and Transfer of Risk of Damage to Goods
7.1 The goods remain the property of the seller until the full purchase price is paid by the buyer. The goods are considered delivered upon receipt of the goods during personal collection or at the moment of their collection by the transport company.
7.2 The risk of damage to the goods passes to the buyer at the time the buyer takes possession of the goods from the seller, or if the buyer fails to do so in time, at the time the seller allows the buyer to handle the goods and the buyer does not take possession.
8 Complaints Procedure (Liability for Defects, Warranty, Complaints)
8.1 The seller is responsible for defects in the goods, and the buyer is obliged to promptly file a complaint with the seller according to the valid complaints procedure. Information about service locations for warranty and post-warranty service is provided on the back of the warranty certificate or will be provided to the buyer upon request by phone or email.
8.2 The valid Complaints Procedure published on the seller's website http://www.velesx.sk/ applies to the handling of complaints. By checking the box before sending the order to the seller, the buyer confirms that they have read the Complaints Procedure in its entirety, agree with it, and confirm that they have been properly informed about the conditions and manner of claiming goods, including details on where complaints can be made and the performance of warranty repairs in accordance with § 18 (1) of 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 (hereinafter referred to as the “Act”).
8.3 The Complaints Procedure applies to goods purchased by the buyer from the seller in the form of an electronic commerce on the seller's online store website.
8.4 The Complaints Procedure in this form is valid for all business cases unless other warranty conditions are contractually agreed.
8.5 The buyer has the right to claim liability for defects in goods from the seller during the warranty period if the goods exhibit defects for which the manufacturer, supplier, or seller is responsible, and the buyer can prove that the goods were purchased from the seller and are within the warranty period (for example, with proof of payment, warranty certificate, etc.).
8.6 The buyer is entitled to inspect the goods upon receipt. If they do not do so, the seller is liable for defects in the goods detected during this inspection if it is proven that these defects existed at the time of receipt of the goods.
8.7 If the goods exhibit defects, the customer has the right to file a complaint at the seller's premises in accordance with § 18 (2) of the Act by delivering the goods to Veles-X s.r.o. – Bratislavská 535, 90046 Most pri Bratislave, and filling out a complaint form to be delivered to the seller. The form of the complaint form is determined by the seller and its template is posted on the seller's website. The buyer is obliged to precisely specify the type and extent of the defects in the complaint form. The customer also has the right to file a complaint with a person authorized by the manufacturer to perform warranty repairs (hereinafter referred to as the "designated person"). The list of designated persons is provided in the warranty certificate or will be sent to the buyer upon request by the seller. The complaint procedure for goods that can be objectively delivered to the seller begins on the day when all of the following conditions are met:
1. Delivery of the completed complaint form from the buyer to the seller,
2. Delivery of the claimed goods from the buyer to the seller,
3. Delivery of access codes, passwords, etc. for the goods from the buyer to the seller.
The seller recommends the buyer insure the shipment with the goods. The seller does not accept goods sent on a cash-on-delivery basis. The complaint procedure for goods that cannot be objectively delivered to the seller and which are permanently installed begins on the day when all of the following conditions are met:
1. Delivery of the completed complaint form from the buyer to the seller,
2. Delivery of access codes, passwords, etc. for the goods from the buyer to the seller.
The start of the complaint procedure is also the day the complaint is filed. The claimed goods must be delivered to the seller's premises at the address Veles-X s.r.o. – Bratislavská 535, 90046 Most pri Bratislave, unless the seller or designated person specifies otherwise (e.g., delivering the goods directly to the designated person). For any ambiguities, contact Veles-X s.r.o. at 0947 948 946 or email podpora@velesx.sk.
The complaint form can be filled out and downloaded here (clicking here will display the complaint form).
8.8 The seller is obliged to accept the complaint at any of its establishments where accepting the complaint is possible, i.e., at its headquarters or with the designated person in accordance with § 18 (2) of the Act.
8.9 In the place designated according to point 8.8 of these general terms and conditions for accepting complaints, the seller is obliged to ensure the presence of a person authorized to handle complaints in accordance with § 18 (3) of the Act.
8.10 The buyer is obliged to file a complaint about defects in the goods to the seller without undue delay; otherwise, the buyer's right to free defect removal from the seller expires.
8.11 The seller or designated person will issue the buyer a confirmation of the complaint of the goods in a suitable form chosen by the seller, such as by email or in written form, in which they must precisely specify the defects in the goods in accordance with § 18 (5) of the Act and inform the consumer of their rights under §§ 622 and 623 of the Civil Code. If the complaint is made via remote communication means, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if immediate delivery is not possible, it must be delivered without undue delay, but no later than with the proof of the complaint resolution; the confirmation of the complaint does not need to be delivered if the buyer can prove the complaint in another way.
8.12 The seller or designated person is obliged to determine the method of complaint resolution according to § 2 (m) of the Act immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, especially if a complex technical assessment of the goods' condition is required, no later than 30 days from the start of the complaint procedure. After determining the method of complaint resolution, the seller or designated person will resolve the complaint immediately; in justified cases, the complaint may be resolved later. The resolution of the complaint, however, must not take longer than 30 days from the date the complaint was filed. After the deadline for resolving the complaint has expired, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods. The seller informs the buyer of the end of the complaint procedure and the outcome of the complaint in a form agreed upon by both parties (email and registered letter) and the buyer will also receive a complaint protocol along with the goods. If the buyer proves the seller's responsibility for the claimed defect in the goods through expert assessment, the buyer can file the complaint again; the warranty period does not run during the expert assessment of the goods. A repeated complaint cannot be rejected.
8.13 The warranty does not cover defects of which the buyer was informed by the seller at the time of the contract, or which the buyer must have been aware of considering the circumstances under which the contract was concluded.
8.14 The seller may always replace the defective item with a defect-free item instead of removing the defect if it does not cause serious difficulties to the buyer.
8.15 The right to a free warranty repair expires:
1. Failure to present the warranty certificate, accessories, or documentation of the goods,
2. Failure to report obvious defects upon receipt of the goods,
3. Expiration of the warranty period for the goods,
4. Mechanical damage to the goods caused by the buyer,
5. Using the goods in conditions that do not correspond in terms of moisture, chemical, and mechanical effects to the natural environment,
6. Improper handling, operation, or neglect of care for the goods,
7. Damage to the goods due to excessive loading or use contrary to the conditions stated in the documentation,
8. General principles, technical standards, or safety regulations valid in the Slovak Republic,
9. Damage to the goods caused by inevitable and/or unforeseeable events,
10. Damage to the goods by accidental spoilage and accidental deterioration,
11. Improper intervention, damage during transport, damage by water, fire, static or atmospheric electricity, or other force majeure events,
12. Intervention in the goods by an unauthorized person.
8.16 The warranty does not cover normal wear and tear (or its parts) caused by use. A shorter product lifespan cannot be considered a defect.
8.17 The seller is obliged to issue the buyer a written document on the manner of determining the method of complaint resolution and on the complaint resolution itself no later than 30 days from the date the complaint was filed through postal, courier, or delivery service, or via email.
8.18 The warranty period is 24 months (unless a different warranty period is specified for specific cases) and starts from the date the goods are received by the buyer. If the goods, packaging, or instructions indicate a period for using the goods in accordance with other legal regulations, the warranty period ends upon the expiration of this period. The defect in the goods and the claims arising from the defect must be filed before the end of the warranty period. The right to file a complaint expires at the end of the warranty period.
8.19 The warranty period is extended by the time during which the buyer could not use the goods due to warranty repair.
8.20 In the event of an exchange of goods for new ones, the buyer will receive a document stating the exchanged goods, and any subsequent complaints are filed based on the original delivery note and this complaint document. In the event of an exchange of goods for new ones, the warranty period starts anew from the receipt of the new goods, but only for the new goods.
8.21 All warranty repairs are free of charge if the right to claim the warranty has not expired according to point 8.16 of these general terms and conditions.
8.22 If it is a defect that can be removed, the buyer has the right to have it removed free of charge, in a timely manner, and properly. The seller is obliged to remove the defect without undue delay. The buyer may demand the replacement of the item instead of removing the defect, or if the defect concerns only a part of the item, the replacement of the part, if this does not incur disproportionate costs to the seller considering the price of the goods or the severity of the defect.
8.23 If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or has the right to withdraw from the contract. The same rights belong to the buyer if there are removable defects, but the buyer cannot properly use the item due to the recurrence of the defect after repair or due to a greater number of defects. If there are other non-removable defects, the buyer has the right to an appropriate discount on the item’s price.
8.24 The resolution of the complaint applies only to the defects specified in the complaint form.
8.25 For the purposes of the complaint, a repeatedly occurring removable defect is considered to be the occurrence of the same removable defect more than twice.
8.26 For the purposes of the complaint, a greater number of different removable defects is considered to be the occurrence of at least three different removable defects simultaneously.
8.27 For the purposes of the complaint, the period during which the buyer cannot properly use the goods due to defects in the goods is considered to be more than 180 days in total after the conclusion of the purchase contract.
8.28 If the seller concludes the complaint procedure as a justified rejection of the complaint, but the defect in the product objectively exists and has not been removed, the buyer can enforce their right to have the defect in the goods removed through the courts.
8.29 If the buyer – consumer was not satisfied with the resolution of the complaint by the seller or when the buyer – consumer contacted the seller with a request for remedy and was not satisfied with the manner in which the seller resolved the complaint, or if the buyer believes that the seller has violated their rights, the buyer – consumer has the right to contact the seller with a request for remedy. If the seller responds to such a request negatively or does not respond within 30 days from the date of its dispatch, the buyer – consumer has the right to submit a proposal for the initiation of alternative dispute resolution to the alternative dispute resolution entity. The alternative dispute resolution entity is the "Slovak Trade Inspection, Bajkalská 21/1, P. O. Box 29, 820 07 Bratislava 27" or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk). The buyer – consumer is entitled to choose which alternative dispute resolution entity to contact.
8.30 The buyer is obliged to collect the goods no later than one month after the complaint has been resolved. If they do not do so, they are obliged to pay a storage fee. If the buyer does not collect the goods within six months from the date they were required to do so, the seller has the right to sell the goods. If the goods are sold, the seller will pay the buyer the proceeds of the sale after deducting the storage fee and sales costs.
9 Personal Data and Its Protection
The seller has adopted appropriate technical, organizational, and personnel measures corresponding to the method of processing personal data, taking into account especially the applicable technical means, confidentiality, and importance of the processed personal data, as well as the extent of possible risks capable of disrupting the security or functionality of its information systems in accordance with Act No. 18/2018 Coll. on the protection of personal data. (click here to view the Privacy Policy).
10 Withdrawal from the Purchase Agreement
10.1 The seller is entitled to withdraw from the purchase agreement due to stock depletion, unavailability of the goods, or if the manufacturer, importer, or supplier of the goods agreed in the purchase agreement has discontinued production or made such significant changes that made it impossible to fulfill the seller's obligations under the purchase agreement or due to force majeure, or if, despite all reasonable efforts, the seller is unable to deliver the goods to the customer within the time specified in these terms and conditions. The seller is also entitled to withdraw from the purchase agreement if the buyer has not taken over the goods within five business days from the date the buyer was obligated to do so. The seller is further entitled to withdraw from the agreement concluded with the customer in the event of an obvious error in the price of the goods (i.e., prices significantly different from the usual price for this type of goods). An obvious error in the price of the goods is considered, for example, a mistaken listing of the first three digits instead of four; a price one digit lower (e.g., one digit missing); a significantly low price of the goods (e.g., 50% lower than usual for this type and kind of goods, without indicating that the goods are on sale or part of another discount promotion); and other obvious writing errors, obvious errors in the description of the goods, picture, etc., or in the case of an obvious mistake in the information provided by the customer service operator. The seller is obliged to inform the buyer of this fact immediately and to return the advance payment for the goods agreed in the purchase agreement without undue delay, but no later than within 14 days from the notification of withdrawal from the agreement in the same manner the buyer used for payment. This does not affect the buyer's right to agree with the seller on another method of payment if no additional charges will be incurred by the buyer in connection with it. The above applies analogously to cases where the purchase agreement has not been concluded, i.e., it applies analogously to unconfirmed orders.
10.2 The buyer has the right to withdraw from the purchase agreement without giving a reason under the conditions regulated by Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance or Off-Premises Contract, and to amend and supplement certain laws (hereinafter referred to as the "Consumer Protection Act in the Sale of Goods") within 14 days from the date of receipt of the goods. The buyer has the right within this period to unpack and test the goods in a manner similar to usual shopping in a traditional "brick-and-mortar" store. However, testing does not mean starting to use the goods and then returning them to the seller. The goods are considered taken over by the buyer at the moment when the buyer or a third party designated by him, except the carrier, takes over all parts of the ordered goods, or if
1. goods ordered by the buyer in one order are delivered separately, at the moment of taking over the goods delivered last,
2. or if the goods consist of several parts or pieces, at the moment of taking over the last part or piece,
3. or if the goods are delivered repeatedly during a specified period, at the moment of taking over the first delivered goods.
10.3 By sending an order to the seller, the buyer confirms that the seller has duly fulfilled its information obligations in a timely and proper manner under Section 3(1) of the Consumer Protection Act in the Sale of Goods.
10.4 The buyer can exercise the right to withdraw from the contract with the seller in written form or in the form of an entry on another durable medium or via the withdrawal form sent to the seller's postal address, namely Veles-X, s.r.o., Tri Vody V, 1616/52, 90045 Malinovo. The withdrawal form can be downloaded HERE (click here to view the withdrawal form)
10.5 The withdrawal from the purchase agreement via the withdrawal form according to the previous point of these general terms and conditions must contain the data required therein, namely the exact specification of the goods, the date of order, the name and surname of the consumer(s), the address of the consumer(s), the signature of the consumer or consumers, the method by which the seller is to return the already received payment, especially the account number and/or postal address, the date. By withdrawing from the purchase agreement, the buyer is obliged to deliver the goods to the seller along with accessories including documentation, instructions, warranty certificate, proof of payment, etc., if possible in the original packaging by sending it to the address Veles-X, s.r.o., Tri Vody V, 1616/52 90045 Malinovo. If the buyer sends the goods along with accessories including documentation, instructions, warranty certificate, proof of payment, etc. (hereinafter also referred to as "goods") to the address according to the previous sentence via Slovak Post, a.s., it can only be done using the service called "Parcel to Address." The seller does not accept goods sent by the buyer using the service called "Parcel to Post" and cash on delivery shipments. We recommend insuring the goods.
10.6 If the buyer withdraws from the agreement, any ancillary agreements related to the agreement from which the buyer has withdrawn are also canceled from the start.
10.7 The buyer can withdraw from the agreement, the subject of which is the delivery of goods, even before the start of the withdrawal period. The withdrawal period is maintained if the buyer sends the notice of exercising the right to withdraw from the agreement before the withdrawal period expires.
10.8 After withdrawing from the agreement, the seller will return to the buyer all payments that the buyer has demonstrably paid in connection with the conclusion of the agreement, especially the purchase price including the cost of delivering the goods, or will proceed according to point 6.7. of these general terms and conditions by sending a gift certificate to the buyer's address. However, the seller is not obliged to reimburse the buyer for additional costs if the buyer has chosen a different delivery method than the cheapest standard delivery method offered by the seller. Additional costs mean the difference between the delivery costs chosen by the buyer and the costs of the cheapest standard delivery method offered by the seller. Payments will be returned to the buyer within 14 days from the day the seller receives the buyer's notice of withdrawal from the purchase agreement. The payment will be made in the same manner as the buyer used for payment. This does not affect the buyer's right to agree with the seller on another method of payment if no additional charges will be incurred by the buyer in connection with it. Instead of a refund, the buyer can choose other goods in agreement with the seller.
10.9 The seller is not obliged to return all payments to the buyer according to point 10.8. of these general terms and conditions before the goods are delivered to him by the buyer or until the buyer proves sending the goods back to the seller. The payment for the purchased goods will therefore be reimbursed by the seller to the buyer only after the returned goods are delivered back to the address specified in point 10.5. of these general terms and conditions or after presenting proof of sending the goods back, whichever occurs first.
10.10 In the event that the buyer withdraws from the agreement under point 10.2. of these general terms and conditions and delivers to the seller goods that are used and damaged or incomplete, or the value of the goods in question is reduced due to such handling of the goods, which goes beyond handling necessary to determine the nature and functionality of the goods, the seller is entitled to claim damages from the buyer in the amount of the value of the repair of the goods and restoring the goods to their original condition, or the seller has the right to demand from the consumer reimbursement for the reduction in value of the goods.
10.11 The buyer is obliged to send back or hand over the goods to the seller together with accessories including documentation, instructions, warranty certificate, proof of payment (if serving as a warranty certificate), etc., no later than 14 days from the date of withdrawal from the agreement.
10.12 In case of withdrawal from the agreement, the buyer bears the direct costs of returning the goods to the seller or to the person authorized by the seller to take over the goods. The direct costs associated with returning the goods cannot be reasonably calculated in advance. Based on available information, the estimated cost of returning the goods varies depending on the size, weight of the goods, the distance from which the goods are returned, and the prices charged by the carrier chosen by the buyer, ranging from 2 € to 150 €.
10.13 In case of withdrawal from the agreement, the buyer also bears the direct costs of returning the goods, which due to their nature cannot be returned by post. The direct costs associated with returning the goods cannot be reasonably calculated in advance. Based on available information, the estimated cost of returning the goods varies depending on the size, weight of the goods, the distance from which the goods are returned, and the prices charged by the carrier chosen by the buyer, ranging from 2 € to 150 €.
10.14 If the buyer fails to fulfill any of the obligations stated in points 10.4. and 10.5. of these general terms and conditions, the withdrawal from the purchase agreement is not valid and effective, and the seller is not obliged to return all demonstrable payments according to point 10.8. of these general terms and conditions to the buyer and is also entitled to reimbursement of costs associated with sending the goods back to the buyer.
10.15 The buyer cannot withdraw from the agreement, the subject of which is:
a) the provision of a service, if the provision of the service began with the explicit consent of the consumer, and the consumer declared that he was duly informed that by expressing this consent he loses the right to withdraw from the agreement after the full provision of the service, and if the full provision of the service has taken place,
b) the sale of goods or the provision of services whose price depends on fluctuations in the financial market that the seller cannot influence and which may occur during the withdrawal period,
c) the sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
d) the sale of goods that are subject to rapid quality reduction or spoilage,
e) the sale of goods sealed in protective packaging, which is not suitable for return for health protection or hygiene reasons and whose protective packaging has been broken after delivery,
f) the sale of goods which, by their nature, may be inseparably mixed with other goods after delivery,
g) the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the agreement, while their delivery can be made at least 30 days after, and their price depends on fluctuations in the market that the seller cannot influence,
h) the performance of urgent repairs or maintenance, which the consumer explicitly requested from the seller; this does not apply to service agreements and agreements whose subject is the sale of goods other than spare parts necessary for repair or maintenance, if concluded during the seller's visit to the consumer and the consumer did not order these services or goods in advance,
i) the sale of audio recordings, video recordings, audiovisual recordings, or computer software sold in protective packaging, if the consumer has unsealed this packaging,
j) the sale of periodicals except for sales based on a subscription agreement and the sale of books not delivered in protective packaging,
k) the provision of accommodation services other than for residential purposes, the transport of goods, car rental, the provision of catering services, or services related to leisure activities and under which the seller undertakes to provide these services at an agreed time or within an agreed period,
l) the provision of electronic content other than on a tangible medium, if the provision of the service began with the explicit consent of the consumer, and the consumer declared that he was duly informed that by expressing this consent he loses the right to withdraw from the agreement.
10.16 If the buyer withdraws from the agreement, the subject of which is goods containing applications installed by the buyer (e.g., social networks), photos taken by the buyer, videos, etc., we recommend that these be removed or deleted before withdrawal from the agreement.
10.17 If the provision of the service under the service agreement is to begin before the expiration of the withdrawal period, the consumer grants consent to start providing the service before the expiration of the withdrawal period. In this case, the consumer loses the right to withdraw from the agreement. The consumer is obliged to pay the seller the price for the actually provided performance up to the day of delivery of the notice of withdrawal from the agreement.
10.18 When issuing a credit note, the buyer may be required to present a valid ID card for inspection to protect the buyer's ownership rights and for identification purposes. By presenting the ID card for inspection, the buyer acknowledges the processing of personal data under Act No. 18/2018 Coll. on the protection of personal data, as amended, contained on the ID card for the duration of the inspection.
11 Alternative Dispute Resolution
11.1 The buyer - consumer is entitled to contact the seller with a request for remedy if they were not satisfied with the way the seller handled their complaint or if they believe that the seller has violated their rights. If the seller responds to such a request negatively, or does not respond within 30 days from the date of its dispatch, the buyer - consumer has the right to submit a proposal for the initiation of alternative dispute resolution to the entity of alternative dispute resolution. Entities of alternative dispute resolution are authorities and authorized legal entities pursuant to § 3 of Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution, such as the Slovak Trade Inspection, where the buyer - consumer is entitled to choose the entity of alternative consumer dispute resolution to which they will turn. Email contact for the seller: podpora@velesx.sk . The buyer - consumer, when submitting the proposal, proceeds in accordance with § 12 of Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution. Alternative dispute resolution can resolve a dispute between the buyer - consumer and the seller arising from or related to a consumer agreement. The value of the dispute that is resolved by alternative dispute resolution must exceed 20 EUR. The entity of alternative dispute resolution may require the buyer - consumer to pay a fee for initiating the alternative dispute resolution not exceeding five euros, including VAT, at the earliest simultaneously with the sending of the notification of the initiation of the alternative dispute resolution.
11.2 Buyers - consumers are entitled to use the online dispute resolution platform (hereinafter referred to as "ODR") to resolve their disputes in a language of their choice. The buyer - consumer can use the ODR platform, which is available on the website http://ec.europa.eu/consumers/odr/ for the alternative resolution of their dispute. The buyer - consumer, when submitting the complaint to the ODR platform, fills out an electronic complaint form. The information provided must be sufficient to determine the relevant entity of online alternative dispute resolution. The buyer - consumer may attach documents to support their complaint.
12 Product Reviews
12.1 The seller reserves the right not to publish reviews on products that contain inappropriate expressions, are false, unrelated to the product in question, refer to external sites, or in any other way damage the reputation of our company.
13 Gift Vouchers (Certificates)
13.1 Gift vouchers (certificates) issued by the seller can be used to purchase goods on the seller's e-commerce website. Unless otherwise stated, a gift voucher can only be used to purchase goods and does not apply to services, postage costs, and other fees.
13.2 The value of the gift voucher is stated on each voucher as an amount including VAT, and the voucher functions as a discount from the total amount of the ordered goods including VAT. The gift voucher can only be used for its full value, within a single purchase, and cannot be used in parts. Any balance due for the purchase of goods must be paid in cash, and any overpayment is not refunded.
13.3 The gift voucher cannot be exchanged for cash. In the event that the buyer has the right to withdraw from the purchase agreement for the purchase of goods paid for with a gift voucher, the buyer is entitled to a refund of the purchase price in the form of a gift voucher (by sending the gift voucher to the address provided by the buyer).
14 Final Provisions
14.1 The seller reserves the right to change these general terms and conditions. The obligation to notify changes in these general terms and conditions in writing is fulfilled by placing them on the seller's e-commerce website. A validly concluded agreement is governed by the general terms and conditions in effect at the time it was concluded.
14.2 If the purchase agreement is concluded in writing, any changes to it must be in writing.
14.3 In case of doubts, the contractual parties agree that the usage period is considered the period from the delivery of the goods to the buyer (including the day of delivery) according to point 5.7. of these general terms and conditions until the day the goods are returned to the seller, or the goods are handed over to the courier for the purpose of transportation to the seller.
14.4 The contractual parties agree that communication between them will be carried out primarily in the form of email messages, or through postal mail.
14.5 For relationships not regulated by these general terms and conditions, the relevant provisions of the Civil Code, Act No. 22/2004 Coll. on Electronic Commerce and on Amendment and Supplementation of Act No. 128/2002 Coll. on State Control of Internal Market in Consumer Protection Matters and on Amendment and Supplementation of Certain Acts, as amended by Act No. 284/2002 Coll., as amended by later regulations, Act No. 250/2007 Coll. on Consumer Protection and on Amendment of Act of the Slovak National Council No. 372/1990 Coll. on Offenses, as amended by later regulations, and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance or Off-Premises Contract and on Amendment and Supplementation of Certain Acts, as amended, apply.
14.6 These general terms and conditions take effect for the buyer upon sending the electronic order by the buyer.
14.7 By checking the box before submitting the order, the buyer confirms that they have read these general terms and conditions and fully agree with them.