1. General provisions

These business and complaint conditions govern the rights and obligations of the parties arising from the purchase contract concluded between the seller, which is OČNÁ OPTIKA M, s.r.o., Školská 30, 974 01 Banská Bystrica, Slovak Republic, ID: 36 059 986, registered in the Commercial Register of the District Court Banská Bystrica, Section: Sro, Insert no. 8340 / S and the buyer, whose subject matter is the purchase and sale of goods on the Seller's e-commerce website.

Contact details of the Seller: is OČNÁ OPTIKA M, s.r.o., with its registered office at Školská 30, 974 01 Banská Bystrica, Slovak Republic, IČO: 36 059 986,

registered in the Commercial Register of the District Court Banská Bystrica, Section: Sro, Insert no. 8340 / S, VAT No .: 2021719392, VAT number: SK2021719392.

 

Operation:

Ocna optika M, s.r.o. 

Dolna 39,

97401 Banska Bystrica

phone: +421 48 418 0349

email: optika.dolna@gmail.com

 

Supervisory Authority:

Slovak Trade Inspection (SOI) SOI Inspectorate for Banská Bystrica Region,

Dolna 46,

974 00 Banska Bystrica,

Supervision Department. no. 048/412 49 69, 048/41518 71, 048/41518 73 fax no. 048/412 46 93

https: //www.soi.sk/en/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

 

1.1. These business and complaint terms in the version valid on the date of conclusion of the purchase contract are an integral part of the purchase contract. In the event that the Seller and the Buyer enter into a written Purchase Contract in which the terms and conditions differ from these Terms and Conditions of Sale and Claim, the provisions of the Purchase Agreement shall be preferred to these terms and conditions of sale. Such terms and conditions shall not conflict with other legal regulations (shortening the period for returning the goods, the warranty period, etc.)

1.2.An additional contract for the purposes of these Terms and Conditions of Sale means a contract under which the buyer acquires the goods or is provided with a service related to the subject matter of the contract of sale, if the goods or service is provided by the seller or a third party under their agreement.

1.3. The displayed purchase price for the goods, on any e-commerce website operated by the seller, also includes the value added tax stipulated by the applicable legislation of the Slovak Republic and does not include the price for the transport of goods or other optional services. All actions are valid until stocks are sold out, unless otherwise specified for a specific product.

1.4. The Seller reserves the right, at any time, to adjust the price of the goods listed on any e-commerce website operated by the Seller. The change in the price of the goods does not apply to purchase contracts concluded before the price change, regardless of the fact that the goods have not yet been delivered.

1.5. In the event that the Seller fails to comply with its obligations under the applicable legislation of the Slovak Republic or the European Communities, or in these commercial and claims conditions, the Buyer may exercise his right against the Seller through the competent court.


2. Method of concluding a purchase contract

2.1. The proposal to conclude a purchase contract is sent by the buyer to the seller, in the form of a completed and sent form on the seller's website, by which he sent a proposal to conclude a purchase contract, the subject of which is the transfer of the ownership right to the goods marked by the buyer at the purchase price and under the conditions specified in this order.

2.2. The Seller will then send to the Buyer's e-mail address whether the Buyer's order has been accepted. The acceptance of the order contains information on the name and specification of the goods the sale of which is the subject of the purchase contract, further information on the price of the goods and / or other services, an indication of the expected delivery time of the goods, the name and details of the place where the goods are to be delivered and information on any possible the price, conditions, manner and time of transport of the goods to the agreed place of delivery of goods for the buyer, data on the seller (business name, registered office, company registration number, registration number, etc.), or other necessary data.

2.3. The purchase contract is concluded upon delivery of the order acceptance in electronic or written form to the buyer.

2.4. The Seller informed the Seller in a clear, unambiguous, comprehensible and unmistakable manner, before sending the Buyer's order, about the pre-contractual information regarding the complaint, payment, business, shipping and other conditions by:

 a) on the main features of the goods or the nature of the service, to the extent appropriate to the means of communication and goods or service used, he has informed the relevant e-commerce website of the seller;

b) on the business name and registered office of the Seller, he informed the Seller of the relevant e-commerce website and in Art. 1 of these Business and Complaint Terms and Conditions, which are placed on the Seller's relevant ecommerce site

c) the telephone number of the Seller and other information relevant to the Buyer's contact with the Seller, in particular the e-mail address of the Seller and the fax number, if any, at the Seller's relevant e-commerce sub-page; 1 of these Business and Complaint Terms and Conditions, which are placed on the Seller's relevant ecommerce site

d) of the Seller's address at which the Buyer may file a claim for goods or services, lodge a complaint or other complaint in Art. 1 of these Business and Complaint Terms and Conditions, which are placed on the Seller's relevant ecommerce site

e) the total price of the good or service, including value added tax and all other taxes, or where, given the nature of the goods or service, the price cannot be reasonably determined in advance, the way in which it is calculated and the transport, delivery, postage and other costs costs and fees, or, if such costs and fees cannot be determined in advance, by the fact that the buyer will be obliged to pay them the electronic catalog of the seller on the relevant catalog page.

f) on the terms of payment, delivery terms, the period within which the seller undertakes to deliver the goods, or to provide the service, he informed the buyer of the information on procedures for the application and handling of complaints, complaints and suggestions in the relevant articles of these business and complaint conditions at the appropriate e-commerce sub-page of the seller,

g) he informed the purchaser of the information on the right of the buyer to withdraw from the contract of sale, the conditions, the time limit and the procedure for exercising the right of withdrawal in Art. 10 of these Terms and Conditions of Sale and Claim, which are placed on the Seller's relevant ecommerce site,

h) to inform about the provision of the withdrawal form in Art. 10 and in the appendix to these Terms and Conditions of Sale, which are placed on the relevant e-commerce sub-page of the Seller; At the same time, the Seller provided the form for withdrawal from the Purchase Agreement in the Annex to these Business and Complaint Terms and Conditions, which are placed on the relevant website of the Seller,

i) information that if the buyer withdraws from the purchase contract, he will bear the costs associated with returning the goods to the seller pursuant to § 10 par. 3 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or services on the basis of a distance contract or contracts concluded outside the premises of the seller and on amendments and supplements to certain acts the cost of returning the goods, which, by their nature, cannot be returned by post, has been informed in Art. 10 of these terms and conditions of sale, which are placed on the relevant sub-page of the electronic seller,

j) on the Buyer's obligation to pay the Seller the price for the performance actually provided pursuant to Section 10 Para. 5 of the Consumer Protection Act when selling at a distance, if the buyer withdraws from the service contract after giving the seller explicit consent under § 4 par. 6 of the Consumer Protection Act when selling at a distance, Art. 10 of these Terms and Conditions of Sale and Claim, which are placed on the Seller's relevant ecommerce site,

k) the circumstances in which the buyer loses the right to withdraw from the contract in Art. 10 of these Terms and Conditions of Sale and Claim, which are placed on the Seller's relevant ecommerce site

l) about the seller's liability for defects in goods or services under ust. § 622 and 623 of the Civil Code in Art. 8 of these Terms and Conditions of Sale and Claim, which are placed on the Seller's relevant ecommerce site,

m) the existence and details of the guarantee provided by the manufacturer or seller, in accordance with stricter principles than those laid down in the Est. § 502 of the Civil Code, if provided by the manufacturer or seller, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of goods or services, if such assistance is provided on the relevant catalog page of the seller's e-shop and Art. 9 of these Terms and Conditions of Sale and Claim, which are placed on the Seller's relevant ecommerce site,

n) the existence of relevant codes of conduct which the seller has committed to comply with, and the manner in which the buyer may become acquainted with them or obtain their wording from the relevant e-commerce catalog page of the seller,

o) the duration of the contract in the case of a fixed-term contract; in the case of a contract concluded for an indefinite period of time, or in the case of a contract for which its validity is automatically extended, the information on the terms and conditions of the termination of the contract was provided on the relevant catalog page of the seller's e-shop and in these commercial and complaint conditions, which are located on the relevant electronic sub-page the seller's trade,

p) on the minimum duration of the Buyer's obligations arising from the Purchase Contract, if the Purchase Contract implies such a commitment to the Purchaser on the relevant catalog page of the Seller's e-shop and in these business and complaint conditions, which are placed on the relevant e-commerce sub-page of the Seller,

q) the obligation of the buyer to pay the advance or to provide other financial security at the seller's request and the conditions that apply to its provision, if the buyer concludes such obligation on the relevant catalog page of the seller's e-shop and in these business and complaint conditions they are located on the relevant e-commerce sub-page of the seller,

r) on functionality, including applicable technical protective measures to secure electronic content, if applicable, on the relevant catalog page of the Seller's ecommerce and in these business and complaint terms, which are placed on the relevant Seller's ecommerce site,

s) the compatibility of the electronic content with the hardware and software that the seller knows or is reasonable to expect to know, if appropriate, on the relevant catalog page of the seller's e-commerce and in these business and complaint terms, which are located on the relevant sub-page Seller's e-commerce,

t) on the possibility and conditions of out-of-court dispute resolution through an alternative dispute resolution system, if the seller has undertaken to use the system by informing the seller of the seller's e-shop in the relevant catalog page and in these commercial and complaint terms, which are located on the seller's relevant e-commerce website,

u) the acts necessary to conclude the purchase contract by describing these necessary acts in these business and complaint conditions, which are placed on the relevant sub-page of the e-shop of the seller,

v) that the purchase contract is deposited in electronic form at the seller and is available to the buyer after the buyer requests it in writing on the relevant catalog page of the seller's e-shop and in these business and complaint conditions, which are located on the relevant sub-page Seller's e-commerce,

w) that the language offered for the conclusion of the contract is a Slovak language, informed the relevant e-shop of the seller's e-shop and in these commercial and complaint conditions, which are placed on the relevant sub-page of the seller's e-shop.

2.5. If the seller has not complied with the obligation to pay additional fees or other costs under point 2.6. point. (e) these commercial and complaints conditions, or the cost of returning the goods under point 2.6. point. i) of these Business and Complaint Conditions, the Buyer is not obliged to pay such additional costs or fees.


3. Seller's rights and obligations

3.1. Seller is required:

a) to deliver, on the basis of an order confirmed by acceptance, the Buyer  goods in agreed quantity, quality and time and to pack or equip them for transport in the manner necessary for its preservation and protection,

b) ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic,

c) Immediately after the conclusion of the purchase contract, at the latest, together with the delivery of the goods, provide the buyer with a confirmation of the conclusion of the purchase contract on a durable medium, for example by e-mail. The certificate shall contain all the information referred to in point 2.6. including the withdrawal form.

d) hand over to the Buyer, at the latest along with the goods, all documents necessary for the acceptance and use of the Goods and other documents prescribed by the applicable legal regulations of the Slovak Republic (instructions in Slovak language, warranty certificate, delivery note, tax document).

3.2. The Seller has the right to a proper and timely payment of the purchase price from the Buyer for the goods delivered.

3.3 If the Seller is unable to deliver the goods to the Buyer within the period agreed in the Purchase Contract or determined by these Terms and Conditions of Sale or for an agreed purchase price, the Seller is obliged to offer the Buyer a substitute performance or a buyer option. withdraw from the purchase contract (cancel the order). Buyer may withdraw from the Purchase Contract or cancel the order by delivering an email. If the buyer has already paid the purchase price or its part, the seller will return it the already paid purchase price or its part within 14 days from the date of delivery of the e-mail on withdrawal from the purchase contract, respectively. cancellation of the order to the buyer, to the account specified by him, unless the parties agree otherwise. If the Buyer does not accept the substitute performance offered by the Seller or withdraws from the Purchase Contract within a reasonable period, the Seller is entitled to withdraw from the Purchase Contract and, if the Purchaser has already paid the Purchase Price or its part, the Seller is obliged to return the already paid purchase price or its part, within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.


4. Buyer's rights and obligations:

4.1. The buyer was informed by the seller that the order included an obligation to pay the price.

4.2. The buyer is obliged to:

a) take over the ordered and delivered goods,

b) pay the seller the agreed purchase price within the agreed maturity period, including the cost of delivery of the goods,

c) confirm the delivery of the goods by his signature or by the person authorized by him.

4.3. The buyer has the right to deliver the goods in quantity, quality, time and place agreed by the parties.


5. Delivery and Payment Terms:

5.1. The usual availability of goods, with the date of their dispatch, is given for each item on the e-commerce website.

5.2. Unless otherwise agreed by the Seller and the Buyer in the Purchase Agreement, the Seller is obliged to deliver the item to the Buyer immediately, no later than 30 days from the date of conclusion of the Purchase Contract. If the Seller has not fulfilled his obligation to deliver the goods within the period specified in the first sentence, the Buyer shall invite him to deliver an additional reasonable period of time. If the seller fails to deliver the case even within this additional reasonable period, the buyer is entitled to withdraw from the contract.

5.3. The Seller is entitled to ask the Buyer to take over the goods even before the deadline for delivery of goods agreed in the Purchase Contract.

5.4.The color display of the goods on the monitor may not accurately reflect the real color shades that the buyer actually sees. The display of color shades is also dependent on the quality of the display monitor, among other things. another display device used.

5.5.The Buyer is obliged to take over the goods at the place which the Seller or its agent authorized to deliver the goods and the Buyer agreed upon in the Purchase Contract or otherwise in time before the goods are delivered. The Buyer is obliged to take over the goods within the time period that the Seller or its agent authorized to deliver the goods and the Purchaser agreed upon in the Purchase Contract, or otherwise in time before the goods are delivered.

5.6.if the Seller transports the goods to the Buyer at the Site and in the Time Scope, the Buyer is obliged to take over the goods in person or to ensure that the person authorized by him in the event of his absence to take over the goods and to sign the purchase price and delivery and delivery protocol. The third person authorized to take over the goods is obliged to submit to the Seller a copy of the acceptance of the order. Goods are deemed delivered and taken over at the moment of delivery of the goods to the buyer. The delivery of the goods to the buyer is understood to mean the delivery of the goods to the place, its acceptance by the buyer or a third party authorized by the buyer and the signing of the payment of the purchase price and delivery and delivery of the goods by the buyer or a third party authorized by the buyer.

5.7. If it is necessary to repeat the delivery of the goods due to the Buyer's absence on the Site and in the Time Scale or if the Buyer does not take over the goods within 7 days without prior written withdrawal from the Time Range, the Seller is entitled to claim compensation for the damage incurred the actual cost of attempting failed delivery of the goods to the Site.

5.8. The Purchase Agreement is concluded with a conditional condition that if the Purchaser fails to pay the Seller the agreed purchase price in accordance with Clause 4.2 of these Terms and Conditions within 15 days of the Seller's request to take over the Goods, the Contract shall be canceled from the beginning, the Parties shall return or replace all received and the Seller acquires the right to dispose of the ordered goods freely.

5.9. The buyer is entitled, in case of non-delivery of the goods by the seller within the period specified in point 5.2. of these Terms and Conditions, to withdraw from the Purchase Contract and the Seller is obliged to return to the Buyer the already paid purchase price, within 14 days of delivery of the withdrawal from the Purchase Contract, by wire transfer to the Buyer's bank account, which is determined by the Buyer.

 

6. Purchase price

6.1. The purchase price for the goods agreed in the purchase agreement between the seller and the buyer is stated in the order acceptance. If the purchase price stated in the order delivery receipt is higher than the price for identical goods listed in the e-commerce offer, at the time the order is sent by the buyer, the seller delivers an electronic message to the buyer informing you of the new offer price, which is considered to be the seller's proposal for conclusion of a new purchase contract, which the buyer must expressly confirm by e-mail or in writing, in order to conclude a valid purchase contract.

6.2. The Buyer is obliged to pay the Seller the purchase price including the cost of delivery of the goods

a) in cash upon personal receipt of the goods,

b) upon receipt of the invoice by bank transfer to the account stated on the invoice

c) by wire transfer via Gopay payment gateway

6.3. In the event that the buyer pays the seller the purchase price by wire transfer, the day of payment shall be the day when the entire purchase price was credited to the seller's account.

6.4. The Buyer is obliged to pay the Seller the purchase price for the agreed goods within the deadline according to the Purchase Contract, but at the latest upon receipt of the goods.

6.5. If the buyer does not pay the seller the full purchase price until the goods are delivered to the place and the parties have not agreed to pay the purchase price for the goods in installments, the seller is entitled to deny delivery of the goods to the buyer.

6.6. The costs associated with the assembly and removal of the goods are not included in the purchase price and the Seller is not obliged to provide these services to the Seller.


7. Acquisition of ownership and risk of damage to goods

7.1. By taking over the goods at the agreed place, the title to the goods passes to the buyer. Buyer who does not meet the consumer definition given in est. § 2 let. a) 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, acquires title to the goods by full payment of the entire purchase price for the goods.

7.2. The risk of damage to the goods passes to the buyer at the time when the buyer, or a third party authorized by the buyer, takes over the goods from the seller, or from his agent authorized to deliver the goods or fails to do so in time when the seller allows the buyer to handle the goods and the buyer will not accept the goods.