General provisions
These terms and conditions apply to the purchase of goods from the internet shop www.ukovmi.eu operated by UKOVMI Ltd., with its office at Šarišská 955/114, Veľký Šariš - Kanaš 082 21, Business ID: 43 882 552, Tax ID: 2022508114, VAT registration number :SK 2022508114, registered at Prešov District Court, File No.: 19479/P, email: kovacstvo@ukovmi.com, phone: +421 917 291 402
The operator is a VAT payer.
The terms and conditions are a part of a concluded purchase contract between the seller on one side and the buyer on the other side. All contractual relations are established in compliance with the law of the Slovak Republic. In the case that the contracting party is a consumer, the relations not governed by these terms and conditions are in compliance with Act No. 40/1964 Coll. The Civil Code, Act No. 250/2007 Coll. on Consumer Protection, 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, Act No. 22/2004 Coll. on Electronic Commerce, all as amended, Act No. 122/2013 Coll. on Protection of Personal Data. In the case that the contracting party is an entrepreneur, the relations not governed by these terms and conditions are in compliance with Act No. 513/1991 Coll. as amended.
Defining terms
A consumer contract is any contract disregarding its legal form that is established between a supplier and a consumer.
A seller (supplier) is a person that acts within the scope of the subject of his/her business activity or a profession or any other person acting on his/her behalf in establishing and fulfilling a consumer contract.
A buyer – customer is a natural person that does not act within the scope of his/her business activity, job or occupation when concluding and performing a consumer contract.
A buyer – entrepreneur – is a subject that is not a purchasing consumer defined herein.
Placing an order and concluding a purchase contract
The buyer selects a product from the updated offer published on the website www.ukovmi.eu and confirms the selection by clicking on the „Add to basket“ button. After completing the purchase, the customer clicks on the basket icon situated at the top right corner, checks the contents of his or her purchase, clicks on the „Checkout“ button and fills in details necessary for successful completion of the order (address, e-mail, method of payment, transport etc.) and places an order/confirms it by clicking on the „Binding order and payment“ button.
Orders placed through the internet shop www.ukovmi.eu are binding. By submitting/confirming an order, the buyer confirms that they have familiarised themselves and agree with these terms and conditions of sale.
The goods offered on the internet website www.ukovmi.eu are a proposal for concluding a contract; the contract is concluded when the buyer submits the order and the seller accepts it. The seller immediately acknowledges receipt of the order by sending an e-mail to the buyer. This acknowledgement does not influence the conclusion of the contract. It is not possible to change such a contract ex parte (it is only possible to change the contract concluded in such a way after the agreement of both parties).
These terms and conditions include information about particular steps of entering into the contract and the buyer always has an opportunity to check and amend the order before submitting it.
The contract is written in the Slovak language unless prevented by circumstances on the side of the seller or the buyer. It is possible to conclude the contract in a different, mutually intelligible language.
If a contracting party is an entrepreneur, an order placed by the entrepreneur is a draft of a purchase contract and the contract is concluded only after binding confirmation of ordered products from the seller.
Prices
The prices of individual products are inclusive of value added tax (VAT) and all other taxes. The customer should familiarise himself with the period during which the seller is bound by his offer including the price.
All special prices are valid until the stock is sold out unless it is stated otherwise at a particular product.
The final price is quoted in an order form before you submit the order. It is given inclusive of the VAT, or all other taxes and charges (the price for postage and packing is not included in the price) that must be paid by the customer to receive the product or service. The seller cannot change this price ex parte.
Payment conditions
The buyer can select from these payment options:
- Cash on delivery (valid only for Slovak Republic)
- Bank transfer, in cash
- Personal collection
- Card payment
The place for personal collection of the goods is the seat of the company UKOVMI Ltd. (UKOVMI Ltd., Šarišská 955/114, Veľký Šariš-Kanaš 082 21, SR)
Delivery Conditions
The goods are delivered through DPD Group Slovakia, SDS Slovak Delivery System and DB Schenker. The goods that are in stock and ordered no later than 11.30 am during a working day are dispatched the following working day at the latest and are generally delivered within two working days of the receipt of the order.
In the case of a bank transfer payment, the goods are dispatched no later than a day after the amount is credited to the seller’s account and are generally delivered within two working days of the receipt of the payment.
If the product is not in stock, it is labelled by the time period within which it will be dispatched by the seller; or it is labelled ‘Sold out ‘, in which case it is possible to contact the seller via e-mail, or phone and ask about the availability of the product. The seller will notify the buyer of the delivery period and after its approval by the purchaser, the purchase contract shall be concluded.
For the EU countries, the price for postage and packing is not included in the price of order. It depends on the delivery parameters of a particular country. The seller informs the buyer about the price for shipping and packing before the goods are dispatched.
Accepting a Delivery
Immediately upon receipt of the product, the consumer visually checks its quality and quantity and in the case of any discrepancy, immediately contacts the seller. If the consignment is visibly damaged while being taken from the carrier, the buyer will not accept the product. S/he will write a report on this reality together with the carrier and will inform the seller about it for the purpose of arranging further steps.
If the buyer does not accept the ordered goods without a proper withdrawal from the contract or in the case of a damaged consignment without drawing up a report with the carrier, he is obliged to pay the seller the cost incurred by processing the order at the amount of 10 EUR.
Immediately upon receipt of the product, the buyer, entrepreneur is obliged to visually check the quality and quantity of the product and if it does not comply with the order, s/he is obliged to contact the seller without unduly delay, no later than the following working day of a product delivery.
If the buyer does not check the product, or if he does not have it checked, s/he can make claims ensuing from defects which could have otherwise been detected by this check, only if it is proven that the goods had already suffered from such defects at the time when the risk of damage to goods was transferred.
If the buyer entrepreneur does not take the delivery of the ordered products at a specified address without a prior agreement with the seller on the cancellation of the contract and/or order, the seller is entitled to compensation for the cost incurred by the delivery of the ordered products. This does not affect the claim for compensation for damage and a contractual penalty in compliance with the section on the Cancellation of an Order of these terms and conditions.
If the purchase contract deals with service or goods specifically made on buyer’s demand such as custom-made goods for a particular consumer, the seller reserves the right to require deposit determined by mutual agreement.
Cancellation of an Order
The buyer entrepreneur can cancel an order within 12 hours of its submission without any sanction. In the event of any later cancellation of the confirmed order, the seller asserts the claim for a contractual penalty against the buyer entrepreneur at the amount of 30% of the price of the ordered goods including VAT.
Warranty, a Letter of Warranty
The warranty period is 24 months and it takes effect when the buyer accepts the goods. If the period of utilisation is marked on the product, its packaging or instructions attached to it, the warranty period shall not end before this period is over.
Upon the request of the buyer, the seller is obliged to provide a warranty in a written form (a letter of warranty). If the nature of things allows, it will suffice if a proof of purchase is issued instead of a letter of warranty.
The letter of warranty includes the information about the seller (a name and surname, a business name of the seller, their seat or place of business), the contents of warranty, its extent and conditions, the length of the warranty period and data necessary for executing the warranty. If the letter of warranty does not include all the details, this does not void the warranty.
By declaration in the letter of warranty issued to the buyer or in the advertisement, the seller may provide the warranty exceeding the legal warranty period, the conditions and extent of which shall be determined by the seller in the letter of warranty.
The warranty does not apply to normal wear and tear, mechanical damage and the like.
The buyer entrepreneur is entitled to a warranty period of 12 months from accepting the goods.
Complaints and Warranty Claims
A consumer
The seller is liable for defects that sold products have at their acceptance by the buyer.
If a defect is repairable, the buyer is entitled to free, proper and early removal of it. The seller is obliged to remove the defect without undue delay. Instead of the removal of the defect, the buyer may require the exchange of the item or its defective components, if this does not incur an unreasonable cost with regard to the product price or seriousness of the defect. The seller may always substitute a defective item for an undefective one if it does not cause serious difficulties to the buyer. If the defect is not removable and the item cannot be properly used as an undefective one, the buyer may demand the exchange of the item (in the event of selling used goods, the buyer is entitled to an adequate discount) or has the right to withdraw from the contract. The same rights apply to the buyer if the defects are removable, but the buyer cannot use the item properly, due to the repeated defects after the repair or due to the larger number of defects. If the defects are not removable, the buyer is entitled to an adequate discount on the purchase price.
The seller is obliged to decide on the manner of handling a complaint without any delay, in the event of complicated cases no later than within 3 working days of asserting a claim, in justified cases, particularly due to the complex technical evaluation of a product or service, no later than 30 days from submitting a claim. After determining the manner of dealing with a complaint, it is processed immediately without any delays, in justified cases, it can be dealt with later; however, the procedure cannot take longer than 30 days from when submitting a complaint. After the period for a complaint procedure is over, the consumer is entitled to withdraw from the contract or has the right to demand the exchange of a product for a new one.
The period from the assertion of the right for liability for defects to the end of a complaint procedure (delivering repaired products, a written notice to perform or a justified refusal) is not included in a warranty period. In the case of exchange of a product for a new one, the new warranty period begins by accepting the new product.
If the customer makes a claim within the first 12 months from the purchase, the seller can reject the claim only on the grounds of an expert evaluation; regardless of the outcome of the expert evaluation, the customer cannot be asked to cover the expenses incurred by the expert evaluation or other expenses related to the professional evaluation.
The seller is obliged to provide the customer with a copy of an expert evaluation justifying the rejection of a complaint no later than 14 days from the day of handling the complaint.
If the customer lodges a complaint within 12 months of the purchase, and the seller rejects it, the seller is obliged to inform the customer who s/he may send the product for an expert evaluation to in a formal document for a complaint procedure.
If the product is sent to a designated person for a formal evaluation, expert assessment costs, and any other related expenses incurred shall be borne by the seller regardless of the outcome of the expert evaluation. If the consumer proves the seller's liability for defects by an expert evaluation, he can lodge the complaint again. During the process of professional assessment, the warranty period shall be suspended. The seller is obliged to reimburse the customer within 14 days of the day of making a repeated complaint, for all the costs incurred by the expert assessment, as well as all other related expenses.
A refiled complaint cannot be rejected.
The seller is obliged to confirm the submission of a complaint to the customer immediately. If this is not possible, the confirmation has to be delivered without undue delay, together with proof of resolving the claim; the confirmation of submission of a complaint does not have to be delivered if the customer has an opportunity to demonstrate the submission of a complaint in another way.
When submitting a complaint, the buyer will send properly packed goods, the description of a defect as well as a copy of a receipt (or the letter of warranty if it has been issued), to the address:
UKOVMI s.r.o.
Šarišská 955/114
082 21 Veľký Šariš-Kanaš
Email: kovačstvo@ukovmi.com
Phone: 00421 907856489
The buyer will be informed about the outcome of the complaint procedure immediately after the end of this procedure by phone, and at the same time a complaint protocol will be delivered to them via e-mail and/or together with the claimed goods.
The goods sent by cash on delivery are not accepted by the seller. It is recommended to insure the goods. The buyer is entitled to reimbursement of necessary costs incurred by exercising his/her rights for liability for defects.
Entrepreneur
The buyer entrepreneur is obliged to lodge a complaint immediately after detecting a defect; otherwise, his/her rights for liability for defects shall cease to exist.
Delivering products to the buyers in a quantity different from the ordered quantity is considered to be an unimportant breach of the contract in relation to the entrepreneur.
Other rights and duties arising from exercising rights for liability for defects are governed by Act No. 513/1991 Coll., The Commercial Code, as amended.
Withdrawal from the Contract
The customer is entitled to withdraw from the contract without giving any reason within 14 days of receipt of the goods or of entering into a contract on the provision of services. The withdrawal period is maintained if the consumer gives the seller notice of their right to withdraw from the contract (by post, e-mail, form etc.) no later than on the last day of the withdrawal period. The customer is entitled to withdraw from the contract relating to the supply of goods, even before the commencement of the period of withdrawal.
Upon the customer’s withdrawal from the contract, the contract is cancelled from the beginning. The seller is obliged to take back the goods or cease to provide services, and reimburse the customer the price paid for the goods or service, or a deposit put down on the goods or service including expenses related to ordering the goods or service (including postage, transport, shipping cost, etc. the buyer paid for the delivery of the goods), no later than 14 calendar days from the day of the withdrawal from the contract (however, not before the seller receives the goods or the customer proves the goods have been delivered to the seller).
The seller is not obliged to pay additional costs to the consumer if the consumer expressly chooses another method of delivery than the cheapest common delivery method offered by the seller. The consumer bears the cost related to the returning of the goods only if the product has met quality requirements and has not been faulty. The consumer will send the notice of withdrawal from the contract (not as cash on delivery, as such consignments shall not be accepted) to the address for the withdrawal from the contract or via an email or the form for the withdrawal and the consumer is also obliged to send the goods to the address below, no later than 14 calendar days of the withdrawal from the contract:
UKOVMI s.r.o.
Šarišská 955/114
082 21 Veľký Šariš-Kanaš
Email: kovačstvo@ukovmi.com
Phone: 00421 907856489
If the customer withdraws from the contract via an email or withdrawal form, the seller is obliged to acknowledge the receipt of this form without undue delay. Within the legal period for withdrawal from the contract without giving a reason (14 calendar days from the receipt of the goods), the customer is entitled to handle the goods to find out their properties and functionality; in the opposite case, the customer is responsible for decreasing the value of the goods. The seller will refund the paid amount of money/price to the customer within a legal 14-day period using the same method of payment as the customer or another method based on agreement with the consumer.
Given the fact that in the event of the withdrawal from the contract, the contract is cancelled from the beginning, the contracting parties will return or substitute all mutually provided performance.
When returning the goods the value of which is decreased due to such a handling that is beyond the handling required to find out the properties and functionality of the goods, the seller is entitled to require from the customer the payment for such damage.
If the seller and the customer do not agree otherwise, the customer may not withdraw from the contract with the following subject-matter:
a) the provision of the service, if the provision of it started with the customer’s explicit consent and the customer declared that s/he had been duly instructed on the fact that upon the consent s/he loses the right to withdraw from the contract after full provision of the service, and if the service was fully provided,
b) the sale of the goods and provision of the service, the price of which depends on the price fluctuation on the financial market that cannot be influenced by the seller and that might occur during the withdrawal period,
c) the sale of the goods made according to specific requirements of the customer, of the tailor-made goods, or the goods particularly made for one customer,
d) the sale of the goods subject to fast deterioration and destruction,
e) the sale of the goods closed in a protective package which cannot be given back due to health protection or hygienic reasons and the package of which was damaged after delivery,
f) the sale of the goods that due to their nature may be inseparably mixed with other goods after the delivery
Protection of personal data
IS of the shop called „e-shop for the public“ is registered at the Office for Personal Data Protection of the Slovak Republic under the identification number:201504290
A buyer is obliged to provide complete, true and accurate personal data in line with the facts; and in the event of any changes of personal data, these amendments shall be communicated (without any delay if it is necessary for fulfilling the order) via email or in writing, or within a user’s account.
Customer information is processed in accordance with Act No. 122/2013 Coll. on Protection of Personal Data, specifically Section 10, Article 3 Letter b), when the operator is authorised to process personal data without the data subject’s consent (a natural person, not an entrepreneur), if the processing of personal data is necessary for the performance of the contract to which the data subject is a party.
The operator processes personal data in the scope and manner that is necessary for the achievement of the purpose of processing.
Personal data that is processed in the information system includes:
Name
Surname
Address and a postcode
Telephone
The buyer (a natural person or customer) may at any time upon a written request (to an email of the operator or the mailing address of the seat of the operator) require removal of their personal data, from the information system, after the purpose of processing is fulfilled. The operator is obliged to provide for the removal of personal data in compliance with Section 17 and Section 29 of Act on Protection of Personal Data. The buyer is also entitled to claim other rights in terms of Section 28 of the Act on Protection of Personal Data (to request a confirmation of whether their personal data is or is not processed, to request exact information, in a generally intelligible way, about the source from which the operator gained their personal data for processing). The operator does not provide personal data of the buyers to the third party, with the exception of external shippers that are provided with personal data for the purpose of meeting the order, i.e. delivering the goods. A concluded contract is archived by the seller and is not available to the buyer.
Supervisory authority
Surveillance over obligations of the sellers towards customers is carried out by the Slovak Trade Inspection, specifically by the Inspectorate of the STI for the Prešov region, Obrancov mieru 6, 080 01 Prešov 1, Department of Supervision and Legal Department, phone: 051/ 7721 597, fax. č.: 051/ 7721 596
Link to submitting comments, and complaints: http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
Alternative resolution of disputes
Under Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and amending and supplementing certain acts, the customer is entitled to request a redress if s/he is not satisfied with the way the seller responded to his/her complaint, or if the customer believes that the seller has violated his/her rights. If the seller responds to this request by rejection or fails to respond to it within 30 days of its submitting, the consumer has the right to initiate an alternative dispute resolution to an alternative dispute resolution entity. The possibility to settle the dispute in court is not affected by submission of this proposal. Entities authorised to resolve alternative disputes between the seller and the buyer are the Slovak Trade Inspection or another body in the list maintained by the Ministry of Economy of the Slovak Republic. Alternative resolutions of disputes by the authorised bodies are free of charge; the alternative dispute resolution body may require a fee for initiating the alternative dispute resolution of up to 5 Euros on its website.
The list of entities of alternative dispute resolutions maintained by the Ministry of Economy of the Slovak Republic can be found at: http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s
Final provisions
The terms and conditions published on the website www.ukovmi.eu are valid and effective on the day of the buyer’s submission of an order who accepts them unconditionally.
The seller reserves the right to amend a supplement to these terms and conditions of sale.
These terms and conditions of sale shall take effect as of 25 November 2015.
These terms and conditions of sale have been discussed with the civic association SOS – consumer protection (www.ochrana-spotrebitela.sk) maintaining the internet website www.obchodne-podmienky.sk. The proof of it is the awarded certificate and logo of SOS. In the case of any questions relating to these terms and conditions, you can contact SOS at info@obchodne-podmienky.sk.
All author’s rights are reserved and they are exercised by SOS – Consumer Protection, civic association.