1. Basic provisions
1.1. The following general terms and conditions (hereinafter referred to as “terms and conditions”) are issued:
Name: J&P Media s.r.o
Address: Bajkalská 18831/45G 821 05 Bratislava, Slovakia
ID: 51719339
Reg. No. 48042048
TAX No. 2120006504
VAT No. SK2120006504
email: [email protected]
web: micwindshields.com
(hereinafter referred to as the “seller”)
1.2. These terms and conditions govern the reciprocal rights and obligations of the seller and the natural person who enters into a purchase agreement outside his business as a consumer or in the course of his business (the “buyer”) through a web interface located on a website available on the Interne. address micwindshields.com (hereinafter referred to as “e-shop”).
1.3. The provisions of the terms and conditions are an integral part of the purchase contract. The deviating arrangement in the purchase contract takes precedence over the provisions of these terms and conditions.
2. Information about goods and prices
2.1. Information about the goods, including the price of the individual goods and their main characteristics, is given for the individual goods in the online store catalog. The prices of the goods are stated excluding value added tax. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.
2.2. All presentation of goods placed in the online store catalog is of an informative nature or as an example of the form of the final product, which will be adjusted according to the requirements of the buyer. The seller is not obliged to enter into a purchase agreement regarding these goods.
2.3. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
2.4. The buyer acknowledges that the goods he has ordered are custom-made goods.
3. Ordering and concluding a purchase contract
3.1. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself. These costs do not differ from the basic rate.
3.2. The buyer orders the goods in the following ways:
- through his customer account, if he has made a previous registration in the online store, by filling in the order form without registration.
- When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
- Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the “place order” button. The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and confirmation from the buyer that he has read these terms and conditions.
- Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. The current business conditions of the seller are attached to the confirmation. The purchase contract is concluded only after the order is accepted by the seller. Notification of receipt of the order is delivered to the buyer’s email address. The seller will send the buyer a confirmation of receipt of the order to the email address entered by the buyer when ordering. This confirmation is considered as the conclusion of the contract. The current business conditions of the seller are attached to the confirmation. The purchase contract is concluded by confirming the order by the seller to the email address of the buyer. In the case of online payments through the payment gateway, these two notifications can be combined into the final confirmation of receipt of the order.
- In the event that any of the requirements specified in the order cannot be met by the seller, he will send the amended offer to the buyer’s e-mail address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by the buyer’s confirmation of acceptance of this offer to the seller to his email address specified in these terms and conditions.
- All orders received by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer may cancel the order by e-mail to the seller’s email which is stated in these terms and conditions.
- In the event of an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the order, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation on receiving an order in accordance with these terms and conditions. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in this case the purchase contract is concluded by a confirmation of acceptance by the buyer to the email address of the seller.
4. Payment terms and delivery of goods
4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
- cashless transfer to the bank account of the seller indicated on the invoice sent by email
- cashless transfer to the seller’s account through the payment gateway ’.,
- Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of goods in the contractual amount. Unless expressly stated otherwise below, the purchase price also includes the cost associated with the delivery of goods.
- In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
- In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the time of crediting the relevant amount to the bank account of the seller.
- Payment of the purchase price before sending the goods is not a deposit.
- The goods are delivered to the buyer:
- to the address specified by the buyer in the order
- by consignment to the address of the consignment specified by the buyer
- The seller is the manufacturer and supplier of the ordered goods. The seller is the intermediary of concluding a contract of carriage between the buyer and the carrier providing the transport service that the customer has chosen when ordering.
- The seller may charge a price for the transport in the total amount of the order, which is understood as a deposit for ordering the transport service.
- If there is a difference between the advance for the transport services under the paragraph 4.8 and the actual price for the transport, the seller will pay this difference from his own resources.
- The seller can pay the price of the transport from his own resources.
- The Seller will provide the buyer with information on the shipping time obtained from the carrier. The seller does not guarantee the accuracy of the information provided by the carrier. The carrier is responsible for the accuracy of the information.
- The seller will provide the buyer with information about the standard shipping time and the maximum shipping time. Standard shipping time is not mandatory. The maximum shipping time is 30 working days.
- From the moment the goods are picked up, the carieer is responsible for the goods, for the shipment, its contents also for the shipping time.
- In case of problems with the carrier or the shipping time, the buyer will notify the seller of all facts immediately.
- Non-delivery of goods can be claimed only after the maximum transport time has elapsed
- The paragraph 4.15 also applies to complaints to external services, including complaints from the payment gateway provider.
- The costs of delivery of goods depending on the method of dispatch and receipt of
goods are specified in the buyer’s order and in the order confirmation by the seller. If
the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
- If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively.
costs associated with another method of delivery.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In
the event of a breach of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.
- The seller will issue a tax document – invoice to the buyer. The tax document is sent to the buyer’s email address.
- The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
5. Withdrawal from the contract
5.1. The buyer may not, inter alia, withdraw from the purchase contract:
- on the provision of services, if they were fulfilled with his prior express consent
- on the delivery of goods which have been modified according to the wishes of the buyer, custom-made goods or goods intended specifically for one buyer,
- in other cases specified in § 7 par. 6 of Act no. 102/2014 Coll . on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller, as amended.
- To withdraw from the purchase contract, the buyer can use the standard withdrawal form provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the email or delivery address of the seller specified in these terms and conditions. The seller will confirm the receipt of the form to the buyer immediately.
- The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods can not be returned due to their nature by regular mail.
- If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than within 90 days of the withdrawal from the contract, all funds, including delivery costs, which he has received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if he does not incur additional costs.
- If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
- If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods.
- The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
- The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller shall immediately inform the buyer via the email address specified in the order and return within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.
6. Defective performance rights
6.1. The seller is responsible to the buyer that the goods are not defective upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
- the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
- the goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the corresponding quantity or weight, and • the goods comply with the requirements of legal regulations.
- If the defect becomes apparent within one month of receipt of the goods by the buyer, the goods shall be deemed to have been defective at the time of receipt. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or by the nature of the goods.
- In the event of a defect, the buyer may submit a complaint to the seller and request:
- in the case of a defect which can be rectified:
- free removal of the defect of the goods,
- exchange of goods for new goods,
- in the case of a defect which cannot be rectified:
- replacement of goods with new oneswithdraw from the contract.
- The buyer has the right to withdraw from the contract if the goods cannot be used properly due to the recurrence of the defect or defects after repair.
- The seller is obliged to accept the complaint in any establishment where it is possible to accept the complaint, or in the registered office or place of business or by email. The consumer can also file a complaint with a person designated by the seller. If the consumer’s complaint is handled by a person designated by the seller, he can handle the complaint only by handing over the repaired goods, otherwise the complaint will be forwarded to the seller for handling. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint requires, as well as confirmation of the date and method of handling
the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.
- If the consumer lodges a complaint, the seller or an employee authorized by him or a designated person is obliged to inform the consumer of his rights arising from the defective performance. Based on the consumer’s decision on the rights arising from defective performance, the Seller or his authorized employee or designated person is obliged to determine the method of handling the complaint immediately, in complex cases no later than three working days from the date of application, in justified cases, in particular if a complex technical assessment of the condition of the goods is required, no later than within 30 days from the date of the complaint. . After determining the method of handling the complaint, the complaint, including the elimination of the defect, must be resolved immediately, and in justified cases, the complaint can be resolved later. However, the settlement of the complaint, including the elimination of the defect, may not take longer than 30 days from the date of the complaint. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of the buyer’s will (the exercise of the right from defective performance) to the seller is considered to be the moment when the complaint is lodged.
- The seller informs the buyer in writing about the result of the complaint, no later than 30 days from the date of the complaint.
- The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing was defective, or if the buyer caused the defect himself.
- In the case of a justified complaint, the buyer has the right to reimbursement of reasonable costs incurred in connection with the complaint. The buyer can exercise this right from the seller within one month.
- The buyer has the choice of the method of complaint and its equipment, if there are several options.
- Other rights and obligations of the parties related to the seller’s liability for defects are regulated by the seller’s complaint procedure.
7. Correspondence
7.1. The Contracting Parties may communicate all written correspondence to each other by electronic mail.
7.2. The buyer delivers the correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
8. Out – of – court dispute resolution
8.1. The consumer shall have the right to seek redress from the seller if he is not satisfied with the way in which the seller has dealt with his complaint or if he considers that the seller has infringed his rights. The consumer has the right to apply for the initiation of alternative (outofcourt) dispute resolution to the ADR entity if the seller has responded to the request under the previous sentence or has not replied within 30 days from the date of dispatch. 8.2. The Slovak
Trade Inspection Authority, with its registered office at: Prievozská 32, 827 99 Bratislava,
Company Identification Number: 17 331 927, which can be contacted for the above purpose at the address of the Slovak Trade Inspection Authority, Central
Inspectorate, Department of International relations and alternative dispute resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at [email protected] or adr. @ soi.sk. Internet address: https://www.soi.sk/. The online dispute resolution platform at
http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.
8.3. European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44 / a,
827 15 Bratislava, internet address: http://esc-sr.sk/ is a contact point pursuant to
Regulation (EU) No 182/2011 of the European Parliament and of the Council. 524/2013 of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
9. Final provisions
9.1. All arrangements between the seller and the buyer are governed by the laws of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties have agreed that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer’s rights under generally binding legislation.
9.2. All rights to the seller’s website, in particular the copyright to the content, including the layout of the site, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
9.3. The seller is not responsible for errors caused by third party intervention in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.
9.4. If the buyer submits a complaint to external services, including complaints of the payment gateway provider, in violation of these general terms and conditions, the seller has the right to compensation for financial damage and compensation for lost profits.
9.5. The wording of the terms and conditions may be amended by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
These terms and conditions are valid from 2024-01-01