Terms and Conditions

GENERAL TERMS AND CONDITIONS OF INTERNET TRADE (E-SHOP)

Article I.

Definitions

The operator of the website (e-shop) is Marek Skokánek, with its registered office at Pri štadiome 1413, 908 41 Šaštín-Stráže, ID: 44067933, VAT ID: SK1079193159
The seller is Marek Skokánek, with its registered office at Pri štadióne 1413, 908 41 Šaštín-Stráže
The supplier of goods and services offered in the e-shop www.hobbymodel.sk is Marek Skokánek, with its registered office at Pri štadióne 1413, 908 41 Šaštín-Stráže
The buyer is every visitor to the e-shop who has created an order through the e-shop. For the purposes of Act no. 102/2014 Coll. "consumer" means a natural person who, in concluding and performing a consumer contract, is not acting within the scope of his business, employment or profession.
An e-shop is a computer system located on the Internet with public access, which allows ordering goods or services.
All products published on the e-shop website are goods or services.
The order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including the complete completion of the order form.
The buyer fully recognizes electronic communication, especially through the e-shop, e-mail communication as well as telephone communication.

Article II.

The price

All listed prices for goods are final.
The seller reserves the right to change the price of products. In the event that this happens if the buyer has such a product in the order, the seller is obliged to inform the buyer and agree on further action.

Article III.

Order

The order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including the complete completion of the order form. For the correct processing of the order, it is necessary to fill in the required data in the order and choose the transport and payment options for the ordered goods or services.
By sending the order, the buyer agrees with the price of the ordered goods and services and thus the order becomes binding for the consumer.
Confirmation of the order by the seller creates a purchase contract, which can be changed, canceled or supplemented only by mutual agreement between the buyer and seller, unless otherwise provided by law or regulation. Confirmation of the order by the seller is the shipment of goods.
After creating an order in the e-shop, the buyer is automatically generated an e-mail confirming the receipt of the order by the e-shop. This e-mail is not a confirmation of the goods within the meaning of para. 3. of this article.
By sending the order, the buyer is bound to pay the purchase price of the ordered goods.
If the seller is not able to fulfill the order or part thereof within the period for processing the order with maximum effort, for reasons such as that the goods are not produced, are not available at the manufacturer or in the external warehouse of the supplier, the manufacturer has made such significant changes for which it is not possible to execute the order or for reasons of force majeure, he can cancel the order and send an e-mail to the buyer. The seller also has the right to cancel the order if the buyer has provided false or misleading information in the order that cannot be verified, such as incorrect e-mail or telephone contact. If the buyer has paid the advance, he is obliged to return it within 14 days.

Article IV.

Terms of payment

It is possible to pay for goods and services in the e-shop in the following ways:
1. cash on delivery (you pay directly to the courier when you pick up the goods)
2. payment in case of personal collection at the store
3. payment by bank transfer,
Supplements for individual payment options are listed in Art. VI of these General Terms and Conditions.

Article V.

Terms of Delivery

The seller is obliged to send the goods to the buyer within 14 days of creating the order, unless otherwise agreed, or if the goods were not specified for a longer delivery time.
If the goods are in stock, they are shipped according to capacity as soon as possible.
If there are several goods and services in the order and some of them are not in stock, we will inform the buyer with the possibility of partial deliveries.
Along with the goods, the customer is sent an invoice (tax document), instructions as well as other documents for the goods or services from the manufacturer.
The place of performance is considered to be the place to which the goods are delivered.
The seller provides transport to the buyer through:
1. 1. 1. Packeta
    2. courier company DPD
    3. Personally at shop
  Availability and sending of received orders
  
  1. Goods marked as - in stock
  
  - Packeta - orders received on working days before 11:00 a.m. we ship by default the same day. However, within 24 hours at the latest.
  
  - by the courier company DPD - orders received on working days until 11.00 am we ship by default the same day. However, within 24 hours at the latest.
  
  2. Goods marked as - to order
  
  - You will not be able to add such goods to the shopping cart. However, you can contact us and after finding out the real availability, which may sometimes be different from the one listed with the product, we can manually add this product to your cart or to an already created order.
  
  - If for any reason we are unable to meet this delivery time, we will contact you at the e-mail address you entered when creating the order, specifying the delivery time.
  
  Article VI.
  Shipping, packaging and payment options:
  
  1. during transport by the Packeta in Slovakia -
  - Package for Z-POINT dispensing point (pick-up at your chosen dispensing point) .............. 4,00 € with delivery within 2 working days from dispatch
  - We do not charge postage for a total order without postage exceeding 100.00 €
  2. during transport by the courier company DPD in Slovakia
  - Courier on a jersey (the package will be delivered to your home. The courier will contact you) .............. 5,20 € with delivery the next working day from dispatch
  - For a total order without postage exceeding 100.00 €, we do not charge postage
  3. during transport by the Packeta in the territory of the Czech Republic
  - Package for Z-POINT dispensing point (pick-up at your chosen dispensing point) .............. 5,00 € with delivery within 3 working days from dispatch
  - For a total order without postage exceeding 80.00 €, the postage price is € 1.40 !!!
  4. during transport by Packeta Order in Hungary
  - Package for Z-POINT dispensing point (pick-up at your chosen dispensing point) .............. 5,20 € with delivery within 3 working days from dispatch
  5. during transport by the courier company DPD in the territory of: the Czech Republic, Hungary, Poland, Austria
  - Courier on a jersey (the package will be delivered to your home. The courier will contact you) .............. 12,00 € with delivery the next working day from dispatch
  - For the total order without postage exceeding 100.00 €, the price of postage is ................ 9.00 €
  6. during transport by the courier company DPD in Germany
  - Courier on a jersey (the package will be delivered to your home. The courier will contact you) .............. 18,00 € with delivery within 2 days from dispatch
  - For a total order without postage exceeding 100.00 €, the price of postage is .............. 15.00 €
  Method of payment for goods:
  
  1. Cash on delivery ....................... 1.00 €
  
  (When choosing the method of payment by cash on delivery, you pay for the order upon receipt)
  
  2. Transfer to account ......... 0.00 €
  
  (When choosing the method of payment by bank transfer, you will be sent payment details together with the order confirmation. After receiving the payment to our account, we will inform you and then send the ordered goods)
  
  3. Payment by card Online, Apple Pay, Google Pay ......... 0.00 €
  
  (When choosing the method of payment by card Online, you will be automatically redirected to the Global Payments payment gateway for payment of the order)
  
  4. In person at the store ........ 0.00 €
  
  (If you choose the method of payment in person at the store, the ordered goods will be reserved for you 4 working days (unless you agree otherwise with the seller.) After this time, the goods will be re-included in the offer. its availability and options for collection immediately after stocking.)
  
  We send received orders on working days within 24 hours if the goods are in stock.
  1. The seller may also agree with the buyer on a procedure other than the standard (above) procedure for sending goods or services as well as prices for these services.
  2. The seller can send goods that are immediately available to the buyer and deliver the rest of the order additionally within the statutory period, but provided that the buyer will not be charged any additional postage, other than that included in the order.
  Article VII.
  
  Transfer of ownership
  1. Ownership passes from the seller to the buyer at the time of payment of the full price for the subject of the purchase contract.
  2. Goods or services which are still covered by the seller's ownership right, the seller reserves the right, in the event of a complaint by the buyer, to equip only at the time of full payment of the subject of the purchase contract.
  Article VIII.
  
  Cancellation of the purchase contract
  1. The buyer has the right to cancel the ordered goods or services within 24 hours of the creation of the purchase contract without cancellation fee for goods that are made to order, according to the specific requirements of the consumer or specifically for one consumer.
  Article IX
  
  The consumer's right to return the goods without giving a reason and to instruct the consumer
  1. Pursuant to Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller and on the amendment of certain laws (hereinafter the "Act") under the provisions of § 7 et seq. calendar days from the date of receipt of the goods. If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract before the delivery of goods.
  2. If the consumer wants to exercise this right, he is obliged to deliver the written withdrawal from the purchase contract in person to the contact address of the seller no later than the last day of the specified period or to submit this withdrawal by post no later than the last day of the period to the address specified in the contacts. After notifying the withdrawal from the contract, the consumer is obliged to send or deliver in person the subject of the contract from which he withdraws together with all documentation - e.g. the original invoice, instructions and other documentation for the goods, which was delivered to him together with the goods, but no later than within 14 days from the date of withdrawal (§10 paragraph 1 of the Act). We recommend that buyers make a copy of the invoice for their own use and send the goods by registered mail and as an insured shipment. You can use the following form to withdraw from the contract: Withdrawals from the purchase contract, in which it is necessary to fill in the minimum data marked with an "*" - an asterisk. (http://www.nakupujbezpecne.sk/docs/form/odstupenie%20od%20zmluvy.pdf).
  3. Do not send the goods to us by cash on delivery, such goods will not be accepted.
  4. The e-shop operator will return the paid performance for the goods / service, including transport costs in accordance with Art. §9 par. 3) of Act no. 102/2014 Coll. as well as costs demonstrably incurred to order the goods within 14 days from the date of delivery of the withdrawal from the contract, but does not have to return the money before the delivered goods or the consumer does not prove the shipment, this does not apply if the seller suggested picking the goods himself.
  5. The cost of returning the goods is borne by the consumer.
  6. The right to withdraw from the contract does not apply to goods and services, which are defined in §7 par. 6 letter a) to l) of Act no. 102/2014. Z.z.
  7. The consumer bears any reduction in the value of the goods caused by its use beyond what is necessary to determine the functionality and properties of the goods.
  Article X.
  
  Rights and obligations of the contracting parties
  1. The seller and the buyer are considered to be the contracting parties.
  2. The buyer is obliged to:
    - take over the ordered goods,
    - pay the agreed remuneration to the seller for the goods,
    - check the integrity of the packaging or as well as the goods themselves when taking them over.
  3. The seller is obliged to:
    - deliver the customer the goods in the required quality, quantity and at the agreed price,
    - together with the goods or additionally send the customer all documents for the goods such as an invoice for the goods, a complaint form, operating instructions in the codified form of the Slovak language.
  Article XI.
  
  Privacy
  1. Personal data are processed in accordance with Act no. 18/2018 Coll. on the protection of personal data, as amended.
  2. The Operator does not provide the Buyer's personal data to a third party, except for the selected transport company that ensures the delivery of goods or services, or to state authorities in the case of control, or to an intermediary on the basis of a mutual contract concluded under Act no. 18/2018 Coll.
  3. The operator is obliged to secure personal data before making them available to unauthorized persons, by taking appropriate technical and organizational measures. Also, all employees of the controller are obliged to observe confidentiality in relation to personal data.
  4. The person concerned has the rights defined in accordance with Art. § 19 et seq. Act no. 18/2018 Coll. on the protection of personal data, as amended, in particular:
  5. a) the right to information that is fulfilled by these content and business conditions,
    
    b) the right to request access to personal data concerning the data subject - § 21 of the Act lies in your right to request how and for what purposes your data is processed, and you can address this request to the contact e-mail.,
    
    c) the right to correct personal data - § 22 of the Act allows you to correct personal data if they are out of date,
    
    d) the right to delete personal data - § 23 of the Act you will use if you are not interested in the operator continuing to process personal data,
    
    e) the right to restrict the processing of personal data - § 24 of the Act will be exercised if you believe that personal data have been processed in violation of the law,
    
    f) the right to object to the processing of personal data - § 27 of the Act,
    
    g) the right to the transfer of personal data,
    
    h) the right to lodge a complaint with the supervisory authority in relation to the personal data processed.
  6. The Operator obtains from the buyer the following personal data: title, name, surname, address, delivery address, billing address, telephone number, e-mail address, which are processed for the purpose of correct processing of your order. This personal data is stored for 10 years for archiving purposes. As part of the order processing, personal data is processed for the purpose of issuing invoices, issuing stock (delivery) letters, providing transport as well as accounting in accounting.
  7. This site records your IP address, information about how much time you spend browsing those pages, and information about which pages you come to us from. Cookies are text files that are stored on your computer and are also used to measure website traffic and customize the display of pages, and thanks to these files we can offer you better quality content. Therefore, we perceive these files as our legitimate interest. Some cookies are third-party files, e.g. Youtube, Google and the like.
  8. You can delete cookies at any time or set their collection directly in the Internet browser settings. If you want to refuse the collection of cookies, set this in your internet browser.
  9. If the buyer has agreed to the processing of personal data in the e-shop for the purposes of e-mail marketing, he has agreed to the sending of e-mail messages to the contact e-mail address.
  10. Personal information for email marketing purposes to the extent of first and last name, email address are provided for a period of five years. This personal data is not provided to third parties.
  11. The buyer can revoke his consent at any time by sending an Appeal with the processing of personal data, which we will delete immediately. You can also log out by unchecking the box in the user's user account (if the buyer has requested the creation of a user account). We will no longer use the personal information you provide for us for email marketing purposes.
  12. "We determine your satisfaction with your purchase through e-mail questionnaires within the Customer Verified program, in which our e-shop is involved. We send them to you every time you buy from us, unless in accordance with § § 62 of Act no. no. 351/2011 Coll. on electronic communications, as amended, you will not refuse to send electronic mail for the purposes of direct marketing. We process personal data for the purpose of sending questionnaires within the Customer Verified program on the basis of our legitimate interest, which consists in ascertaining your satisfaction with your purchase with us. To send questionnaires, evaluate your feedback and analyze our market position, we use a processing intermediary, which is the operator of the Heureka.sk portal. For this purpose, we can pass on information about the purchased goods and your e-mail address. Your personal data is not passed on to any third party for its own purposes when sending e-mail questionnaires. You can object to the sending of e-mail questionnaires within the Customer Verified program at any time by rejecting other questionnaires using the link in the e-mail with the questionnaire. In case of your objection, we will not send you the questionnaire further. "
  Article XII
  
  Compensation for damage if the goods are not taken over
  1. The seller has the right to compensation (according to the provisions of § 420 et seq. Of the Civil Code), if the buyer ordered goods that did not cancel or. did not withdraw from the contract and at the same time did not take over the goods from the carrier or, at the request of the seller, in the case of choosing a personal collection, did not take over the goods within the specified time limit for collection. By doing so, the buyer has breached its obligation set out in Art. X point 2. letter a), according to which the buyer is obliged to take over the ordered goods.
  2. In determining the amount of damages, the seller takes into account the transport costs and associated fees in sending the goods, costs associated with packaging, shipping and administration of the order, as well as all other costs incurred with the implementation of the order and also has the right to charge even lost profits.
  3. The seller also has the right not to exercise the right to compensation for damages or to exercise this right only in part.
  4. Contractual penalty for non-receipt of goods 10 €.
  Article XIII
  
  Final provisions
  1. The seller reserves the right to change and supplement these general terms and conditions and complaint conditions without prior notice to the buyer. In the event of a change in the general terms and conditions or complaint conditions, the entire purchase process is governed by those general terms and conditions that were valid at the time of sending the order to the buyer and these are available on the seller's website.
  2. Complaint conditions are an inseparable part of these general terms and conditions.
  3. By sending the order, the buyer has read the general terms and conditions as well as the complaint conditions.
  4. These conditions were developed within the certification project of the e-shop nakupujbezpecne.sk
  5. These general business conditions and complaint conditions are available at the company's registered office for inspection by buyers as well as are published on the e-shop website.
  6. If the consumer is not satisfied with the way in which the seller has handled his complaint or if he believes that the seller has violated his rights, he has the opportunity to turn to the seller for a request for redress. If the seller responds to the request for redress in a negative manner or does not respond to it within 30 days from the date of its dispatch, the consumer has in accordance with § 12 of Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Acts. The relevant subject for alternative dispute resolution of consumer disputes with the e-shop operator is the Slovak Trade Inspection Authority (www.soi.sk) or another relevant authorized legal entity registered in the list of alternative dispute resolution subjects maintained by the Ministry of Economy of the Slovak Republic (http: //www.mhsr. en / list-of-subjects-of-alternative-resolution-of-consumer-disputes / 146987s), while the consumer has the right to choose which of the mentioned subjects of alternative-dispute resolution of consumer disputes. At the same time, the consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit an alternative dispute resolution proposal. Information on application fees can be found by the consumer on the website of a specific ADR entity.
  7. Otherwise unregulated relations in these general business conditions as in their inseparable parts (annexes) are governed by the relevant provisions, in particular Act č. 40/1964 Zb, Zákona č. 250/2007 Z.z., Zákona č. 102/2014 Z.z., Zákona č. 122/2013 Z.z., Zákona č. 22/2004 Z.z. ako aj Zákona č. 513/1991 Z.z.
  8. These general terms and conditions, including their inseparable parts, enter into force and effect on 1 August 2016.
  9. Orgán dozoru: SLOVENSKÁ OBCHODNÁ INŠPEKCIA (SOI), Inšpektorát SOI pre Trnavský kraj Prievozská 32, P.O.Box 5, 820 07 Bratislava 27
  10. These General Terms and Conditions, including their integral parts, shall enter into force and take effect on 18 July 2020.
  In Šaštín-Stráže, July 18, 2020
  
  Marek Skokánek
  
  managing director
  
  Complaint conditions of the internet shop (e-shop) - an inseparable part of the general business conditions
  
  1. Only goods which have been purchased from the seller and which are the property of the consumer may be claimed.
  
  2. If the buyer is a consumer (a natural person who does not act within the scope of his business, employment or profession) for all offered goods is guaranteed for 24 months, unless otherwise stated in the goods and the procedure is in accordance with the Protection Act consumer and the Civil Code and these complaint conditions. If the buyer has ordered a used item and the buyer has been informed, the warranty period is 12 months. If the buyer is not a consumer, the procedure is in accordance with the provisions of the Commercial Code and the warranty period is 1 year and these complaints are not subject to these complaint conditions.
  
  3. The warranty period begins on the day of taking over the goods from the transport company or directly from the seller, if the goods are taken over by the buyer in person, on the day of taking over.
  
  4. The buyer is obliged to file a complaint with the seller immediately, immediately after finding the defect.
  
  5. Liability for defects does not apply to defects caused by the following use:
  1. the defect was caused by mechanical damage to the product caused by the buyer,
  2. improper handling of the product in a manner other than specified in the instructions for use,
  3. using the goods in conditions that do not correspond to their humidity, chemical and mechanical influences of the natural environment of the goods according to the instructions,
  4. neglect of care and maintenance of the goods,
  5. damage to goods by excessive loading,
  6. by using the goods in violation of the conditions stated in the documentation, general principles, technical standards or safety regulations or other breach of the warranty conditions.
  6. Defects arising from a natural disaster are also excluded from liability for defects.
  
  7. Liability for defects also does not apply to normal wear and tear of the goods (or parts thereof) caused by the use of the goods. A defect cannot be regarded as, as is clear from the nature of the case, the period of its minimum durability or the period of consumption, which may be limited to a shorter period. The date of minimum durability, shelf life, shelf life or similar period is indicated on the goods and the goods are subject to such marking.
  
  8. The claimed goods must be sent to our address listed below, but not by cash on delivery or delivered in person to the contact address. It is necessary to pack the goods appropriately so that the goods are not damaged during transport, and we recommend sending the goods by registered mail or as an insured consignment. It is necessary to attach a copy of the proof of purchase (invoice) and a description of the defect to the goods, or we recommend enclosing the completed Complaint Form together with the proof of purchase. (http://www.nakupujbezpecne.sk/docs/form/reklamacia.pdf). It is advisable to send the complaint in writing (by post) or in person.
  
  9. The seller will confirm the receipt of the complaint and issue the buyer a confirmation of the claim of the goods in a suitable form. The day of delivery of the complaint is considered to be the day of its delivery to the seller. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint. Confirmation of the handling of the complaint will be sent in writing.
  
  10. The seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the date of the complaint. In justified cases, especially if a complex technical evaluation of the goods is required no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the seller will handle the complaint immediately; in justified cases, the complaint can be resolved later. However, the handling of the complaint may not be longer than 30 days from the date of the complaint. After the expiration of the 30-day period for handling the complaint, the buyer has the right to withdraw from the purchase contract and will be refunded the full amount for the goods or has the right to exchange the goods for new ones.
  
  11. Rights of the buyer when making a complaint:
2. 1. in the case of a defect which can be rectified, the buyer has the right to have it rectified free of charge, in good time and properly, and the defect must be rectified without undue delay,
3. 2. the buyer may, instead of eliminating the defect, request an exchange of the item, or the defect concerns only a part of the item, replacement of the part if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect,
4. 3. the seller may replace the defective item with a perfect item instead of eliminating the defect, if this does not cause serious difficulties for the buyer,
5. 4. if it is a defect that cannot be removed and which prevents the proper use of the item, the buyer has the right to exchange the item or to withdraw from the contract. The buyer has the same right in the case of remediable defects, but if the buyer can not properly use the thing due to the recurrence of the defect after repair or for a larger number of defects,
6. 5. in the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the item.
  
  12. A complaint shall be deemed to be settled if the complaint procedure is terminated by handing over the claimed goods, exchanging them or returning the purchase price of the goods, a written invitation to take over the performance or its justified rejection. The consumer is informed about the result of the complaint procedure within the statutory time limit.
  
  13. Non-damage of goods, resp. The integrity of the packaging (according to the instructions when taking over the goods) must be checked when taking over the goods, as the goods may be damaged during transport. We recommend buyers to unpack the goods and inspect them in the presence of the carrier. By signing the courier, you declare that the packaging is undamaged.
  
  14. These complaint conditions are an integral part of the general terms and conditions, and the seller reserves the right to change them at any time without prior notice to the seller.
  
  15. Contact Marek Skokánek, Nám. Slobody 952, 908 41 Šaštín-Stráže, mobil: 0902 170 625, www.hobbymodel.sk

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