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Terms and conditions

  1. Information

These Terms and conditions apply to contracts concluded distanced in the e-shop www.ANRAD.sk between the seller and the buyer according to Act no. 102/2014 Coll. on the protection of consumers in selling goods or services under a distanced contract or contract concluded off-premises of the seller and other amendments.

Buyer:

Business name: ANRAD s.r.o.
Address: Dunajská, 8 81108 Bratislava
Ident.Comp.Number: 52585565
Registered in the Commercial Register of the District Court Bratislava I, Section: Sro (Llc), file no. 140852 / B
phone: +421 902 800 800
e-mail: info@anrad.sk

The buyer is a consumer, i. e. the natural person who, when concluding and performing a consumer contract, does not act in the scope of his business activities or profession. Purchases made by business entities are governed by the Commercial Code no. 513/1991 Coll.

The Consumer Protection Authority is the Inšpektorát SOI for the Bratislava Region, Bajkalská 21 / A 827 99 Bratislava.

 

  1. Order and conclusion of the contract

Sending a completed order by the buyer is considered a proposal to conclude a contract under the Civil Code, based on the seller’s offer in the e-shop. The contract is concluded by confirmation of the order by the seller.

 

III. Price of the goods

All product prices in the e-shop are final, including all taxes. The seller is not subject to VAT. The product price does not include shipping costs. These are displayed in the shopping cart before the order is completed, where the buyer can also see the total price of the order, including delivery costs.

 

  1. Payment for the goods

The seller accepts payment for the ordered goods in the ways specified on the page https://www.anrad.sk/kontrola-objednavky/. Part of the order from e-shop is the obligation of the buyer to pay the price to the seller for the goods ordered.

 

  1. Delivery of the goods

If the delivery period is not specified for the product, the seller shall deliver the goods to the buyer within 30 days at the latest. The usual delivery time for products in stock is two days. Goods shall be deemed to have been taken over by the buyer at the moment when the buyer or a third party designated by him (except for the carrier) accepts all parts of the ordered goods, or if:

  1. a) the goods ordered by the buyer in a single order are delivered separately, at the moment of receipt of the last goods delivered;
  2. b) supplies goods consisting of several parts or pieces at the time of receipt of the last part or piece;
  3. c) supplies the goods repeatedly for a specified period, at the time of receipt of the first goods delivered.

 

  1. Return and claims policy

The seller is liable for defects that the goods have on receipt by the buyer. He is not responsible for defects caused by their use or wear. For items sold at a lower price, he is not responsible for the defect for which the lower price was negotiated. If the goods are not perishable or used, the seller is responsible for defects that occur after the receipt of the goods within the warranty period (warranty).

The warranty period for new goods is 24 months, which initiates from the receipt of goods by the buyer. The warranty period for used goods is 12 months. The warranty period for services (repair or modification) is three months. The warranty period for the production of goods to order is 24 months. If the period of use is marked on the item being sold, its packaging or its instructions, the warranty period shall not expire before the expiry of this period. Complaints about goods that perish quickly, the buyer must lodge no later than the day following the purchase.

The warranty period for a non-consumer buyer is 24 months.

If the purchased goods are to be put into operation by a person other than the seller, the warranty period shall commence only from the date of putting the goods into operation, if the buyer ordered it no later than three weeks after receipt of the item and on time.

The warranty certificate is issued at the request of the buyer. Proof of purchase is sufficient to make a claim.

If the goods have a defect that can be removed, the buyer has the right to have it removed free of charge, on time and properly. The seller shall remove the defect without undue delay.

Instead of removing the defect, the buyer may require replacement of the item or, if the defect concerns only a part of the item, replacement of the part if this does not incur disproportionate costs concerning the price of the goods or the severity of the defect. Instead of removing the defect, the seller may always replace the defective item with a non-defective item, unless this causes the buyer serious difficulties.

If it is a defect that cannot be remedied and which prevents the goods from being used adequately as a defect-free goods, the buyer has the right to replace the item or withdraw from the contract. The same rights belong to the buyer in the case of removable defects, but if the buyer can not properly use the goods due to the recurrence of the defect after repair or for a more significant number of defects. In the case of other irremovable defects, the buyer is entitled to a reasonable discount on the price of the item.

Rights arising from liability for defects shall be exercised at the seller, at the registered office address. However, if the warranty card states the warranty service that is closer to the seller or the buyer, the buyer will exercise the right to repair in the warranty service. The warranty service is obliged to repair the item within 30 days at the latest.

In the event of a replacement, the warranty period shall commence once the new item has been taken over. The same applies if the part for which the warranty is provided is replaced.

Settlement of complaint means termination of the complaint procedure by handing over the repaired product, replacing the product, returning the purchase price of the product, paying a reasonable discount from the price of the product, a written call for acceptance or justified rejection.

When claiming, the seller shall determine the method of handling the claim immediately or in complicated cases no later than three working days from the date of claim, in justified cases, especially if a complex technical assessment of the condition of the product or service is required.

Once the method of handling the complaint has been determined, the complaint shall be settled immediately; in justified cases, the complaint may be settled later; however, the complaint must not be processed for more than 30 days from the date of the complaint.

After the expiry of the period for settling the claim, the buyer has the right to withdraw from the contract or the right to exchange the product for a new product.

If the buyer has claimed the product within the first 12 months of purchase, the seller can handle the claim by refusing only based on expert judgment; irrespective of the outcome of the expert assessment, it will not require the buyer to pay the expert assessment costs or other expert assessment costs. The seller is obliged to provide the buyer with a copy of the expert opinion justifying the rejection of the complaint no later than 14 days from the date of handling the complaint.

If the buyer lodged a product claim after 12 months of purchase and the seller has rejected it, the seller will indicate in the proof of the claim to whom the buyer can send the product for professional judgment. If the product is sent for expert assessment to the designated person, the expert assessment costs, as well as all other related costs, shall be borne by the seller, regardless of the outcome of the expert assessment. If the buyer proves the seller’s responsibility for the defect by expert judgment, he can complain again; the warranty period does not expire during the expert assessment. The seller is obliged to reimburse the buyer within 14 days from the date of filing the complaint all costs incurred for expert assessment, as well as all related costs reasonably incurred. A reclaimed claim cannot be rejected.

The seller is obliged to issue a confirmation to the buyer when making a claim. If the claim is made by e-mail, the seller is obliged to deliver the confirmation of the claim immediately to the buyer; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of complaint handling; confirmation of the claim does not have to be delivered if the buyer has the opportunity to prove the claim otherwise.

Return of goods – withdrawal from the contract without providing the reason

The buyer is entitled to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods. Only the consumer can exercise this right. Goods shall be deemed to have been taken over by the buyer at the moment when the buyer or a third party designated by him, except for the carrier, accepts all parts of the goods ordered, or if:

  1. a) the goods ordered by the buyer in a single order are delivered separately, at the moment of receipt of the last goods delivered;
  2. b) supplies goods consisting of several parts or pieces at the time of receipt of the last part or piece;
  3. c) supplies the goods repeatedly for a specified period, at the time of receipt of the first goods delivered.

The buyer may withdraw from the contract, the subject of which is the delivery of goods, even before the start of the withdrawal period.

The buyer cannot withdraw from the contract, the subject of which is:

  1. sale of goods made to the specific requirements of the consumer, tailor-made goods or goods explicitly intended for a particular consumer,
  2. sale of goods which are subject to rapid deterioration or perishability;
  3. sale of goods enclosed in a protective packaging which it is not appropriate to return for health or hygiene reasons and whose protective packaging has been broken after delivery;
  4. sale of goods which, by their nature, may, after delivery, be inseparably mixed with other goods,
  5. sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, provided that the consumer has unpacked the packaging;
  6. sale of periodicals, except for sales under subscription agreement and sale of books not supplied in the protective cover

The buyer may exercise the right of withdrawal in writing or on another durable medium (e.g., by e-mail), or by submitting a completed form available at https://www.anrad.sk/odstupenie-od-zmluvy/

The right of withdrawal may also be exercised by sending a notice of withdrawal on the last day of the 14 days.

Upon receipt of the notice of withdrawal, the seller shall refund the buyer, within 14 days at the latest, any payments received by him under or in connection with the contract, including shipping, delivery and postage costs and other costs and charges.

The seller will refund the payment in the same way that the buyer used to make the payment. The buyer may also agree with the seller on another way of refunding.

The seller shall not be obliged to pay the buyer additional costs if the buyer has explicitly chosen a method of delivery other than the cheapest standard delivery method offered by the seller. Additional cost means the difference between the delivery cost chosen by the buyer and the cost of the cheapest standard delivery method offered by the seller.

Upon withdrawal from the contract, the seller is not obliged to return to the buyer payments before the goods are delivered to him or until the buyer proves to send the goods back to the seller, unless the seller suggests picking up the goods personally or through a person authorized by him.

The buyer is obliged to send the goods back or hand them over to the seller or the person authorized by the seller to take over the goods within 14 days from the date of withdrawal. This period shall be deemed to be maintained if the goods were handed over for shipping no later than the last day of the period.

When withdrawing from the contract, the buyer bears only the cost of returning the goods to the seller or the person authorized by the seller to take over the goods and also the cost of returning the goods, which due to its nature, cannot be returned by postal service.

The buyer shall be liable for any reduction in the value of the goods resulting from the handling of the goods beyond what is necessary to determine the characteristics and functionality of the goods.

The buyer has the opportunity to test the functionality of the goods after the delivery, but he cannot use the goods if he withdraws from the contract. In order to test the nature, characteristics and functionality of the goods, the consumer should only manipulate and check the goods in such a way as would be possible in a standard ‘brick and mortar’ shop.

The buyer is required to handle and inspect the goods with due care during the withdrawal period.

 

VII. Personal data protection

To process personal data for the proper performance of the consumer contract (purchase contract), the seller is in the legal status of the provider (as defined in Article I of the Terms and Conditions) and the buyer in the legal position of the person concerned.

The purpose of processing personal data is to use it for the performance of the consumer contract, which the seller concludes with the buyer by placing an order in this online store. This consumer contract is also the legal basis for the processing of the buyer’s data. The provision of the buyer’s personal information is a contractual requirement that is necessary for the conclusion of the contract. The provision of personal data is a condition for purchase in the seller’s e-shop. Failure to provide all required personal information to the seller may result in the purchase contract not being concluded.

In processing personal data, the seller proceeds following Act no. 18/2018 Coll. on the protection of personal data and processes only personal data necessary for concluding a consumer contract. The seller processes the buyer’s regular personal data, namely: name, surname, address, telephone number, email address.

The buyer’s data are stored in the seller’s information system for ten years. The buyer has the right and the option to update personal data in writing (by e-mail). For the consumer contract, personal data may be provided to third parties – courier companies and a company that processes accounting documents. The buyer’s personal information is not disclosed or shared.

The seller may process personal data for marketing purposes (for example, for sending newsletters or e-mails on news, discounts, promotions, etc.) even without the prior consent of the buyer following § 13 sec. f) of Act no. 18/2018 Coll. on the protection of personal data. For this purpose, the seller processes the necessary data, such as the buyer’s name, surname and e-mail address. If the buyer disagrees with the processing of the data for marketing purposes, the buyer can at any time express his disagreement by sending a message to the seller’s email address to request a newsletter subscription or by clicking on the link provided in the email message. Personal information used for marketing purposes will not be disclosed to third parties, nor will it be shared.

The buyer’s data will not be transferred to third countries.

The buyer has the right to obtain confirmation from the seller what personal data of the buyer is processed in the seller’s e-shop. The buyer has the right to gain access to such data as well as the purpose for which it is processed, what categories of data are processed, to whom personal data are provided, how long personal data is stored, whether automated individual decision making, including profiling, is available.

The buyer may require the seller to correct or complete the incomplete personal data of the buyer. The buyer may request the deletion of his data or a restriction on the processing of such data. The buyer may also object to the processing of personal data. The processing of personal data by the buyer is also necessary for archiving (in order to fulfill the obligation of the seller based on the legislation of the Slovak Republic, for example, keeping the accounting documents for ten years). If the buyer requests the deletion of personal data processed concerning the purchase contract, his request may be rejected.

The buyer has the right to have the seller restrict the processing of his / her data if the buyer disputes the correctness of the personal data during the period allowing the seller to verify the correctness of the personal data.

The buyer has the right to have the seller restrict the processing of his data if the buyer disputes the correctness of the personal data during the period allowing the seller to verify the correctness of the personal data.

The buyer has the right to obtain personal data concerning his person, which he has provided to the seller in a structured, commonly used and machine-readable format. The buyer has the right to transfer this personal data to another provider, if technically possible. The buyer has the right to object if his data are processed for direct marketing purposes. He may also object if his data are processed for the legitimate interest of the seller. If the buyer suspects that his data are being processed illegally, he may file a petition to the Office for Personal Data Protection to initiate the personal data protection proceedings. The above privacy information also applies to pre-contractual relationships (i.e., registration in an e-shop for future purchase or, for example, request, quotation or information about the seller’s goods and services).

In order to ensure the proper functioning of the online store, the seller may store on the buyer’s device small data files – cookies, thanks to which the online store can keep data on activity and settings (e.g., login name, language, font size, etc.) for a certain time. The seller’s online store uses cookies to remember the buyer’s user settings and for the necessary functionality of the online store or marketing purposes. Buyers may delete all cookies stored on their device and, if necessary, set the Internet browser on their device to prevent them from being stored. In this case, the buyer may need to adjust some settings when returning to the online store manually, and some online store services or features may not work properly.

The seller declares that he will not make automated decisions, including profiling, through personal data obtained from the buyer.

VIII. Alternative resolution of disputes

The buyer – consumer – has the right to contact the seller with a request for action (by e-mail to info@anrad.sk) if he is not satisfied with the way the seller settled his complaint or if he believes that the seller has violated his consumer rights. If the seller responds to this request or refuses to respond within 30 days of its sending, the consumer has the right to file an alternative dispute resolution entity (further as ADR entity) according to Act no. 391/2015 Coll. on Alternative Dispute Resolution and Amendments to Certain Acts. ADR entities are bodies and authorized legal entities according to § 3 of Act No. 391/2015 Coll. on Alternative Dispute Resolution and Amendments to Certain Acts. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic, www.mhsr.sk. The consumer may submit a file in the manner specified according to § 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution and Amendments to Certain Acts. The consumer can also file a complaint through the Alternative Dispute Resolution ODR platform available online at http://ec.europa.eu/consumers/odr/index_en.htm.

Alternative dispute resolution can only be used by a consumer – a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business, employment or profession. Alternative dispute resolution concerns only the dispute between the consumer and the seller arising out of or relating to the consumer contract. Alternative dispute resolution only applies to distance concluded contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating ADR up to a maximum of EUR 5, VAT incl.