Terms and conditions
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TERMS AND CONDITIONS AND INFORMATION FOR THE BUYER WHO IS A CONSUMER
prior to the conclusion of a distance contract pursuant to Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts. These Terms and Conditions form an integral part of the distance contract.General information for purchasing goods via the internet on the website www.klubunescoslovakia.sk for persons who are consumers.
1.1. This information and terms and conditions, as amended and effective on the day the distance contract is concluded, govern the rights and obligations of the Trader and the Buyer whose details are specified in the order and form part of the purchase contract, constituting an integral part of the distance contract. The Trader is the commercial company FOTOVIDEOSHOP, s.r.o., Krátka 22, 974 05 Banská Bystrica, ID No. (IČO): 36 638 137, Tax ID (DIČ): 2022014478, VAT ID: SK2022014478, Registered in the Commercial Register of the District Court Banská Bystrica, Section: Sro, Insert No. 10467/S, email contact: info@klubunescoslovakia.sk (hereinafter referred to as the "Trader").
The subject of the distance contract is the purchase and sale of goods offered on the website www.klubunescoslovakia.sk.
The supervisory authority is the Slovak Trade Inspection (SOI), Dolná 46, ZIP: 974 00, Banská Bystrica, Department of Technical Control, Products and Consumer Protection, tel: 048/412 49 69, 048/415 18 71, fax: 48/412 46 93, email: bb@soi.sk.
1.2. The Trader provides sales of books according to the current selection on the website.
1.3. The Buyer is a natural person who orders in the online store www.klubunescoslovakia.sk and concludes a distance contract with the Trader using means of distance communication pursuant to Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts (hereinafter referred to as the "Consumer Protection Act").
1.4. A Consumer is a natural person (buyer) who, when concluding and performing a consumer contract, does not act within the scope of their business or other entrepreneurial activity, and is a consumer within the meaning of Section 52(4) of Act No. 40/1964 Coll., the Civil Code (hereinafter referred to as the "Civil Code").
1.5. By submitting an order to the Trader, the Buyer simultaneously confirms that, as a consumer, they have properly familiarized themselves with this information on the Trader's website – www.fotovideoshop.sk, have acknowledged it, and submit the order for the offered goods to the Trader with this full awareness.
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2.1. The Buyer's order of goods constitutes a proposal to enter into a purchase contract. The order is submitted by the Buyer via the e-shop. The purchase contract is concluded upon the Merchant's binding confirmation of the order and the notification of such binding confirmation to the Buyer. A notification of binding order confirmation is deemed to be one made by the Merchant via electronic mail (e-mail). The Merchant shall confirm receipt of the order to the Buyer by sending an acknowledgement. An acknowledgement of receipt of the order into the system shall not be considered a binding order confirmation. The Merchant shall notify the Buyer of the binding order confirmation, usually after verifying the availability and delivery date of the ordered goods. An order bindingly confirmed by the Merchant and the notification of such confirmation shall be binding on both contracting parties, unless agreed otherwise. The contracting parties shall consider the following to be the material terms of the purchase contract, including but not limited to: the precise specification of the goods, the number of items, the price of the goods, the amount of shipping costs, delivery costs, postage, and other costs and fees associated with the delivery of the ordered goods to the Buyer, as well as the method and date of delivery.
2.2. A condition for the effectiveness of the order, which constitutes a valid proposal to enter into a contract, is the truthful and complete provision of the required details, namely: the Buyer's first name and surname, billing and delivery address, e-mail address, telephone number, name of the goods, number of items of each type of goods, price of the goods, date of issue of the order, payment method, and the method of shipping or collection of the goods. The Merchant processes orders in the order in which they are received from the Buyer.
2.3. The Merchant's binding order confirmation contains details regarding the name and specification of the goods, the price of the goods or other services, the amount of shipping costs, delivery costs, postage, and other costs and fees associated with delivery, information about the place where the goods are to be delivered, and details regarding the price, conditions, method, and deadline for the delivery of the goods, transport of the goods to the agreed place of delivery for the Buyer, or other details agreed between the Merchant and the Buyer.
2.4. The Merchant reserves the right to reject the Buyer's order if, due to stock depletion or unavailability of goods, the Merchant is unable to deliver the goods to the Buyer within the agreed period or at the price listed on the Merchant's website, unless an alternative performance is agreed upon with the Buyer. The Merchant shall inform the Buyer of the rejection of the order primarily, but not exclusively, by electronic mail (e-mail).
2.5. An order placed by the Buyer in accordance with this information is an order that entails the Buyer's obligation to pay the purchase price. By concluding the purchase contract, the Buyer expressly confirms that they have been made aware of the obligation to pay the purchase price on the basis of the placed order.
2.6. By concluding the purchase contract, the Buyer declares that they had the opportunity to familiarize themselves with the information provided herein prior to submitting the order and concluding the contract.
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3.1. The place of delivery of the goods shall be the place specified in the Merchant's binding order confirmation, unless the contracting parties agree otherwise. The Buyer is obliged to select the method of delivery of the goods by duly indicating it in the order. The Buyer is obliged to accept the goods within the agreed period, at the agreed place, and in the manner agreed upon with the Merchant.
3.2. If the goods are available, the Merchant shall arrange for the dispatch of the goods for transport immediately after the binding order confirmation. The Merchant is entitled to withhold delivery of the goods if the Buyer fails to pay the price on time.
3.3. In the event that delivery of the goods is at risk of delay due to unpredictable circumstances not caused by the Merchant (e.g., natural disasters, failure of the manufacturer or foreign supplier to meet the delivery deadline, delay or failure of transport, etc.), the Merchant shall immediately inform the Buyer of this fact in any form (via e-mail or by telephone). The Merchant and the Buyer may agree on a different delivery period for the goods.
3.4. Upon delivery, the Buyer is obliged to accept the goods in person or ensure that the goods are accepted by a person authorized by the Buyer to accept the goods in their absence, and to sign the delivery and acceptance protocol. If the Merchant is to ship the goods to a place of performance or destination, the goods shall be deemed delivered at the time they were handed over for transport, unless agreed otherwise between the Merchant and the Buyer.
3.5. The Buyer is obliged to inspect the packaging and the goods upon acceptance. In the event that the Buyer finds a discrepancy in the number of packages, or that the goods or their packaging are mechanically damaged, the Buyer is obliged to notify the carrier of this fact and inspect the condition of the goods in the carrier's presence. In the event of damage to the goods or a missing package, the Buyer is obliged to record this fact in the carrier's delivery note and also to prepare a written record – a claim regarding the scope and nature of the damage to the goods, or a specification of the missing package, which shall also be confirmed by the carrier. If technically feasible, the Buyer shall attach photographic documentation capturing the extent of the damage to the goods to such a claim and send it, along with the written record, to the Merchant via electronic mail or post without delay.
3.6. Terms of delivery of goods and the amount of shipping costs, delivery costs, postage, and other costs and fees within the Slovak Republic.
3.6.1. Delivery of goods via the courier service Packeta Slovakia s. r. o., a member of the global Packeta Group.
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4.1. The Buyer is obliged to duly and timely pay the purchase price in accordance with the order bindingly confirmed by the Merchant.
4.2. The Merchant does not accept cash on delivery (COD) or cash payments upon acceptance of the goods.
4.3. The Buyer shall make the payment for the ordered goods in advance (prior to the delivery of the goods) via the secured Stripe payment gateway integrated into the Merchant's website.
4.4. Within the Stripe payment gateway, the Buyer may use the following payment methods:
Online cashless payment by credit or debit card (Visa, Mastercard, Maestro);
Cashless payment via Apple Pay / Google Pay digital wallets (provided these services are supported and active on the Buyer's side).
4.5. The Buyer's obligation to pay the purchase price shall be deemed fulfilled at the moment the full amount of the purchase price is credited to the Merchant's bank account, or upon successful authorized confirmation of the payment via the Stripe payment gateway. Following the successful processing of the payment, the delivery period shall commence pursuant to Section 3.2 of these Terms and Conditions.
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5.1. The Merchant shall be liable for any defect that the sold item has at the time of its delivery and which manifests itself within two years from the delivery of the item. The warranty period for the goods delivered by the Merchant is 24 months; if a use-by date or expiry date is indicated on the goods, their packaging, or the instructions attached thereto, the warranty period shall not expire before the lapse of this date. The warranty period begins to run from the moment the goods are accepted by the Buyer.
5.2. The warranty does not cover normal wear and tear of the item (or parts thereof) caused by its standard use. Therefore, a shorter lifespan of the product cannot be considered a defect and cannot be claimed as a defect arising during the warranty period.
5.3. A proof of purchase (invoice, cash register receipt) shall always be sufficient to exercise the rights arising from liability for defects (to file a warranty claim). The submission of a proof of purchase for the purpose of a claim is sufficient even if a warranty card was issued but the Buyer does not possess it. In such a case, the claim must be accepted, whereby a 24-month warranty shall be provided on the goods, but not longer, even if such a longer warranty period might have been indicated in the lost warranty card under an extended warranty (the so-called consumer warranty pursuant to Section 626 of the Civil Code).
5.4. When using the goods, the Buyer is obliged to observe not only generally known rules but also the conditions set out for the use of the goods in the warranty card or user manual, and to use and maintain the goods in accordance with their natural lifespan.
5.5. When selling goods, the Merchant is liable for ensuring that the goods comply with the consumer purchase contract, i.e., that the sold item has the quality and performance characteristics required by the contract, described by the seller, manufacturer, or their representative, or expected on the basis of their advertising, or the quality and performance characteristics customary for an item of that kind, that it meets legal regulations, is in the specified corresponding quantity, measure, or weight, and corresponds to the purpose stated by the seller for the use of the item or for which the item is commonly used.
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When filing a warranty claim, the Buyer is obliged to inform the Merchant of the extent of the defect and subsequently deliver the claimed goods, including the warranty card or invoice, to the Merchant.
The claimed goods may be sent via registered post or courier, or delivered in person. We do not accept goods sent cash on delivery (COD). The address for sending the claimed goods is Fotovideoshop s.r.o, Krátka 22, 974 05 Banská Bystrica, Slovakia.
We recommend that you insure the goods. Following the conclusion of the complaints procedure, the Merchant or the service center shall inform the Buyer via e-mail regarding the outcome of the claim and shall simultaneously request the Buyer to collect the repaired goods and the technical claim report, or shall deliver the goods together with the claim report directly to the Buyer via registered mail. If the Buyer is dissatisfied with the resolution of the claim, they may contact us in writing via Slovenská pošta.
Notice: In the case of purchasing goods for the purpose of resale, it is necessary to inform us of this fact, as the warranty cards will not be validated by us – they will be validated by the subsequent seller. In such a case, the following shall not apply:
a) the product return guarantee,
b) the money-back guarantee,
c) the product exchange guarantee.
Pursuant to the Civil Code and the Consumer Protection Act, these services are intended exclusively for sales made to the final consumer.6.2.23. If the Buyer is not satisfied with the manner in which the Merchant resolved their warranty claim, or if they believe that the Merchant has violated their rights, they have the right to address a request for remedy to the Merchant. If the Merchant responds to the request for remedy in the negative or fails to respond within 30 days from the date of its dispatch, the Buyer has the right to submit a proposal to initiate an alternative dispute resolution (ADR) procedure pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments and Supplements to Certain Acts. To submit a proposal for alternative dispute resolution, the Buyer may use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/. The competent body for the alternative resolution of consumer disputes with the Merchant is the Slovak Trade Inspection (Slovenská obchodná inšpekcia – www.soi.sk) or another competent authorized legal entity registered in the list of alternative dispute resolution bodies maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the Buyer has the right to choose which of the aforementioned alternative dispute resolution bodies to contact. [1]
6.2.24. The Merchant is obliged to inform the Buyer on a durable medium about the relevant alternative dispute resolution bodies if the Merchant has responded in the negative to the Buyer's request for remedy.
6.2.25. The proposal may be submitted in paper form, electronic form, or orally into a record, unless the rules of the specific alternative dispute resolution body stipulate otherwise. To submit the proposal, the Buyer may use a form, the template of which is available on the website of the ministry and of each alternative dispute resolution body. The Buyer shall attach documents related to the subject matter of the dispute to the proposal, which prove the facts stated in the proposal. If the dispute arises from the exercise of rights under the liability for defects, the Buyer may already state in the proposal their consent to secure an expert opinion from a professionally qualified person.