1. Introductory Provisions
1.1. In relation to its customers, the company TOPAS MN, s.r.o., VAT payer, issues these General Business Terms and Conditions. The General Business Terms and Conditions regulate legal relations between the company TOPAS MN, s.r.o. and third persons, as well as its Clients, related to provision of services for the company TOPAS MN, s.r.o. The General Business Terms and Conditions are integral part of the contractual relation between the company TOPAS MN s.r.o. and its Client and shall be published in the electronic form on the web-page www.eshop.enepat.sk/obchodne-podmienky.
1.2. The General Business Terms and Conditions shall be binding for all Contracting Parties; it means parties to the contractual binging relation and are based on generally binding regulations valid in the territory of the Slovak Republic, such as Commercial Code, Civil Code, Copyright Act, international contracts, agreements and practices.
2. Definition of Basic Terms
2.1. These General Business Terms and Conditions distinguish the following basic terms:
- "Seller" - is a person who by means of its online shop (hereinafter referred to as "e-shop") offers goods or services to a third person (hereinafter referred to as "Buyer"), and such sale is performed in the form of a Remote Purchase Contract.
- "Buyer" - is each visitor of the e-shop who created an order by e-shop. For the purposes of the Act No, 102/2014 Coll, a Consumer means a physical person or a legal entity that does not purchase goods for purposes of their resale to other persons, for business purposes or performance of employment or profession.
- "Contracting Parties" - is a joint name for the Seller and the Buyer.
-"E-shop" - is a computer system located on Internet with public access which enables ordering of Goods or services.
-"Goods or service" - are all products published on e-shop.
- "Order" - it is created by confirmation of ordering process in e-shop upon selection of Goods or services by the Buyer, including complex filling in of the order form.
2.2. These General Business Terms and Conditions shall regulate course of the business activity between the Seller and Buyer which starts at the moment of sending a binding order and finishes at the moment of taking over the Goods and payment.
2.3. A binding legal relation between the Seller and the Buyer (hereinafter referred to as "Contracting Parties") is established by sending a binding order, and it shall be regulated by valid legislation of the Slovak Republic, mainly by provisions of the Civil Code - the Act No. 40/1964 Coll., the Commercial Code - 513/1991 Coll., and the Act on Protection of Consumers in Sale of Goods or Provision of Services under Remote Contracts or Contracts executed outside the Business Premises of the Seller, and on Amendments and Supplements to Certain Acts - the Act No. 102/2014 Coll.
3. Method of Sale of Goods
3.1. The Buyer shall choose Goods in the e-shop of the Seller.
3.2 If the Buyer wants to buy Goods, he shall fill in a Binding Order, it means an order form in the e-shop. Filling in this form means ordering of Goods.
3.3. Ordering of Goods arises after confirmation of the Binding Order by the Seller. For correct execution of the Order, it is necessary to fill in required data in the Order, to choose a way of transport and payment for ordered Goods or services.
3.4 By sending the Order the Buyer agrees with payment of a full price for ordered Goods and services, it means that the Order becomes binding for the Buyer - Consumer.
3.5. A Purchase Contract is concluded by confirmation of the Order. It may be changed, cancelled or supplemented only by a mutual agreement of both Contracting Parties, unless otherwise defined by law or other legal regulation.
3.6. By sending the Order the Buyer is bound to pay a purchase price for ordered Goods before or during handing-over of such Goods depending on a chosen method of payment.
3.7. All sale specified on this web page shall be valid until sellout.
4. Rights and Obligations of the Contracting Parties
4.1. The Buyer is obliged:
- to hand-over the ordered Goods,
- to pay the Seller agreed price for Goods, either before or during handing over the Goods depending on agreed method of payment,
- to check integrity of packaging and also the Goods itself during its take-over,
- to fully recognize electronic communication, mainly through e-shop, by e-mail or telephone communication.
4.2. The Seller is obliged:
- to supply the Buyer Goods in requested quality, quantity and agreed price,
- to send the Buyer all documents related to Goods, such as an invoice, a claim letter, user manual in codified form of the Slovak language together with Goods or afterwards,
- to provide the Buyer necessary cooperation with selection of Goods, as well as with the purchase of Goods itself, and in case of dissatisfaction of the Buyer with the Goods, to handle a complaint procedure.
5. Terms of Payment
5.1. The Buyer is obliged to pay the Seller a purchase price including costs connected with delivery of Goods by any of methods of payment offered in the Order: cash on delivery at the place of Goods delivery or cashless transfer to the bank account of the Seller.
5.2. Price for Goods is determined in compliance with the valid price list. The Seller undertakes to supply the Buyer Goods for price valid at the time of their ordering.
5.3. All sales on Goods are valid until sellout.
5.4. In case of payment by cashless bank transfer, the Order shall be exported only after crediting of money to the bank account of the Seller.
6. Delivery Terms and Conditions
6.1. Ordered Goods shall be sent to the Buyer by Slovak Post Service in the form of the 1st class consignment.
6.2. The Seller shall supply Goods to the Buyer within the shortest possible time, usually within 5 days from issuance of the Order.
6.3. In case that the Seller is not able to deliver the Buyer all ordered Goods within agreed time period, the Seller shall notify the Buyer about incurred situation as soon as possible and inform him about expected delivery date of the ordered Goods or propose the Buyer supply of alternative Goods.
6.4. The Seller shall charge the Buyer transport costs for delivery of ordered Goods which are specified in this Section.
6.5. Obligation of the Seller to supply ordered Goods shall be deemed as fulfilled by handing-over the Goods to the Buyer at the agreed place of delivery or by handing-over the Goods to the carrier for its transport to the place of destination.
7. Cancellation of Order by the Seller
7.1. The Seller reserves a right to cancel the Order or its part in case that the product is not produced or supplied any more, or a price of a supplier of Goods has changed significantly, and so the Seller and Buyer fail to agree on alternative product.
7.2. In case of such situation, the Seller shall immediately contact the Buyer to agree on further steps. In case that the Buyer has already paid a full purchase price or its part, a respective amount will be transferred to its bank account within 15 calendar days.
8. Right of the Buyer to return Goods without giving a Reason and Advice of the Buyer - Consumer
8.1. Based on the Act No. 102/2014 Coll. on Protection of Consumers in sale of Goods or Provision of Services under Remote Contracts or Contracts executed outside the Business Premises of the Seller, and on Amendments and Supplements to Certain Acts (hereinafter referred to as "Act"), provisions of the Section 7 et seq., the Consumer has a right to withdraw from the Purchase Contract within 14 days from the date of acceptance of goods. If a subject of the Purchase Contract includes supply of goods, the Consumer is also entitled to withdraw from the Contract before Goods supply.
8.2. If the Consumer wishes to exercise such right, he is obliged to deliver a written withdrawal from the Purchase Contract in person no later than on the last day of the specified deadline to the contract address of the Seller or to surrender this written withdrawal to the mail service no later than on the last day of the specified deadline to the contact address specified in the contact details. After notification of withdrawal from the Contract, the Consumer is obliged to send or personally delivery a subject of Contract from which the Consumer withdraws, together with all documents - e.g. invoice original, manual and other documents delivered together with goods, however no later than within 14 days from such withdrawal (Section 10 (1) of the Act). We recommend the Buyers to make a copy of the invoice for their personal need and to send the Goods by a registered mail and as insured consignment. For withdrawal from the Contract we recommend to use the form: Withdrawal from the Purchase Contract which must be delivered to the address:
TOPAS MN,s.r.o.,Antona Točíka 9, 94911 Nitra, Slovakia
8.3. The Seller shall not collect the Goods sent as cash on delivery in order to perform withdrawal from the Purchase Contract.
8.4. The Seller shall return amount paid for Goods/Service including transport costs in compliance with the provisions of the Section 9 (3) of the Act No. 102/2014 Coll., as well as costs demonstrably incurred in connection with ordering the Goods within 14 days from delivery of the withdrawal from the Contract, however the Seller does not have to return money before delivery of the returned Goods or if the Consumer fails to prove sending of the Goods; it shall not apply if the Seller proposes to collect the Goods personally.
8.5. Costs connected with return of the Goods shall be borne by the Consumer.
8.6. A right to withdrawal from the Contract shall not apply for Goods and services defined in the Section 7 (6) (a) of the Act No. 102/2014 Coll.
8.7. Returned Goods must not be used or damaged. Returned Goods must be returned completely including the original packaging.
8.8. The Consumer shall bear any decrease in value of Goods caused by its using above the scope needed for learning about its functionality and properties. Decrease in value caused by using of the Goods by the Buyer shall be decided by the Seller after detailed examination of returned Goods.
8.9. If the Buyer fails to exercise its right to withdrawal from the Purchase Contract within 14 days from ordering the Goods and fails to collect the Goods from a carrier, the Seller is entitled to charge the Buyer a fee for storage of Goods in the amount of EUR 10.00.
8.10. The Buyer losses its right to withdraw from the Purchase Contract in case that the product is demonstrably used or damaged.
9. Warranty, Complaints, Return or Replacement of Goods
9.1The warranty period for Goods is 24 months. Only Goods purchased from the Seller may be claimed.
9.2. In order to complaint Goods, the Buyer is obliged to send the Seller filled in and signed Complaint Protocol together with defective Goods. To acknowledge the complaint, it is also necessary to submit a copy of invoice. To download a Complaint Protocol, please click on the following link.
9.3. Complained Goods must be complete with original accessories.
9.4. The complaint shall be resolved during a period stipulated by law within 30 days from receiving a complaint request.
9.5. The warranty period for Goods shall be terminated in cases that a defect was caused by incorrect manipulation with the product,mechanical damage, its operation in unsuitable conditions or unauthorized interference with the product. The warranty period shall not apply to defects of the product caused by a natural disaster.
9.6. The Buyer shall pay costs connected with sending the Goods for complaint.
9.7. The Buyer may file a complaint in writing by sending the Complaint Protocol to the address TOPAS MN,s.r.o., Antona Točíka 9, 949 11 Nitra or electronically by sending a copy of filled in and signed Complaint Form to the address email@example.com.
10. Protection of Personal Data
10.1. The Contracting Parties hereto agreed that if the Buyer is a physical person, he shall provide the Seller his name and surname, address of permanent residency including ZIP code, phone no. and e-mail address.
10.2. The Buyer or Aggrieved Person (hereinafter referred to as "Buyer" or "Aggrieved Person") shall provide the Seller his personal data voluntarily in order to fulfill the obligations arising from a purchase contract and their further communication. Failure to provide such information will cause inability of the Seller to fulfil the Contract, and so it will not be possible to conclude such Contract with the Buyer. A purpose of personal data processing is to issue a tax document, pre-contractual relations, identification of the Buyer, confirmation of the order by phone or electronic mail, delivery of Goods, registration on the Internet shop www.eshop.enepat.sk, implementation of marketing activities, newsletters and informing about sale.
10.3. The Seller shall process personal data of Aggrieved Persons for marketing purposes on the basis of their consent in compliance with the Section 11 (1) of the Act No. 122/2013 Coll. on Personal Data Protection, as amended. The Aggrieved Person shall express its consent with personal data processing for this purpose when ordering the Goods on the web-page www.eshop.enepat.sk, when making registration on the e-shop www.eshop.enepat.sk or in any other appropriate way. By ticking a respective box before sending the Order or when making registration on the e-shop www.eshop.enepat.sk, the Aggrieved Person expresses his consent with processing and storing of his personal data by the Seller to the extent of his name, surname, and e-mail address, using this data for activities of the Seller related to sending of newsletters and information about sales and processing it in the information system of the Seller. The Buyer grants the Seller this consent for a limited period until fulfillment of the purpose of Buyer´s personal data processing.
10.4. By sending the Order to the Seller, the Buyer declares on his oath that he grants a consent to the Seller in terms of the provisions of the Section 11 (1) of the Act No. 122/2013 Coll. on Personal Data Protection, as amended (hereinafter referred to as "Personal Data Protection Act") to process and store his personal data within necessary extent (name and surname, permanent address including ZIP code, phone no. and e-mail address) for the purposes defined in the previous paragraph. The Seller undertakes to treat and store the personal data of the Buyer in compliance with the valid regulations of the Slovak Republic. After fulfillment of this purpose, the Seller shall ensure disposal of the personal data of the Buyer in compliance with provisions of the Section 17 (1) of the Personal Data Protection Act. The Buyer may cancel his consent with personal data processing anytime in a written form. The consent shall expire 1 month from delivery of consent cancellation by the Buyer to the Seller.
10.5. The Buyer has a right and possibility to update his personal data directly in on-line regime on the web-page of the e-shop, Customer´s Section, immediately after logging in.
10.6. The Seller declares that in compliance with provisions of the Section 6 (2) e) of the Personal Data Protection Act, the Seller shall ensure processing and using of personal data exclusively in the way corresponding to the purpose for which the data was collected. The Seller declares that in compliance with provisions of the Section 6 (2) i) of the Personal Data Protection Act, the Seller shall process personal data in compliance with good manners and shall act in the way which is not in conflict with or violates the Personal Data Protection Act, or any other generally binding legal regulations.
10.7. Upon written request, the Buyer has a right to ask the Seller
10.7.1 for confirmation, whether his personal data are processed or not
10.7.2. for provision of information about personal data processing in the Information System in generally understandable form.
10.8. Based on unpaid written request, the Buyer has a right to raise objections to the Seller regarding
10.8.1. processing of his personal data about which the Buyer assumes that it is or will be processed for the purposes of direct marketing without his consent, and request their disposal,
10.9. using of name, surname and address of the Buyer for the purposes of direct marketing in the mail communication, or
10.10. provision of name, surnamce and address of the Buyer for the purposes of direct marketing.
10.11. The Seller declares that in compliance with provisions of the Section 15 (1) b) of the Personal Data Protection Act, the Seller processes personal data of the Buyer for purposes stated herein by the following data processing agencies:
10.11.1. Slovenská pošta, a.s., Partizánska cesta 9, 975 99 Banská Bystrica.
10.11.2. 24-pay s.r.o., Kálov 356, 010 01 Žilina,
10.11.3. Heureka Shopping s.r.o, Karolinská 650/1, 18600 Prague 8, Czech Republic.
10. After sending of the Order or registration and granting the consent with personal data processing, the Buyer may receive messages about offered goods, sales and services of the Seller. The Customer may anytime cancel sending of these offers after logging to the Client Center.
11. Cookies Policy
11.1. In order to ensure proper work of our website, we sometimes store small data files in your device, so called cookies. Cookies are small text files which a website saves in your PC or mobile device when browsing. Thanks to this file, the website keeps information about your activities and preferences for a certain time (such as login name, language, font size, and other settings of display), so when visiting this locality or browsing of its separate pages, you do not have to enter this data again.
12. Alternative Resolving of Disputes
12.1. The Buyer – Consumer – is entitled to ask the Seller for a remedy (by e-mail - firstname.lastname@example.org), if the Buyer is not happy with result of his complaint or if the Buyer thinks that the Seller has breached his rights. If the Seller refuses such request or fails to respond within 30 days from its delivery, the Consumer is entitled to file a motion for alternative resolution of a dispute to the alternative dispute resolution entity (hereinafter referred to as ADR Entities) under the Act No. 391/2015 Coll. ARS entities are bodies and authorized legal entities under the Section 3 of the Act No. 391/2015 Coll. The Consumer may file this motion in the way defined in the Section 12 of the Act No. 391/2015 Coll.
12.2. The Consumer may also file a motion by an alternative dispute resolution platform RSO, which is available online on http://ec.europa.eu/consumers/odr/index_en.htm. The Consumer may also file a motion by an alternative dispute resolution platform RSO, which is available online on http://ec.europa.eu/consumers/odr/index_en.htm.
12.3. Alternative dispute resolution may be used only by a Consumer - physical person who does not act within the subject of its business activity, employment or occupation when entering into and performance of the Consumer Contract. Alternative dispute resolution shall only apply to a dispute between the Consumer and the Seller resulting from the Consumer Contract or connected with the Consumer Contract. Alternative dispute resolution shall only apply to Remote Contracts. Alternative dispute resolution shall not apply to disputes, where a value of dispute does not exceed the amount of EUR 20.00. ARD entities may request the Consumer to pay a fee in order to start with the alternative dispute resolution to the amount of EUR 5 including VAT maximum.
13. Final Provisions
13.1. The Buyer acknowledges that rights and obligations between the Seller and the Buyer shall be governed by these General Business Terms and Conditions and respective legal regulations of the Slovak Republic. Matters that may not be resolved according to these Business Terms and Conditions shall be governed by respective provisions of the Civil Code, Commercial Code and Consumer Protection Act.
13.2. By sending the Order the Buyer confirms that he has read these General Business Terms and Conditions and Complaint Order of the Seller and understands their content.