Terms and conditions

Article I.

Definition of Terms

The operator of the website (e-shop) is Merch s.r.o., registered office at Slávičia 10, 903 01 Senec.
The seller of products marked with an asterisk and a price excluding VAT is Merch s.r.o., registered office at Slávičia 10, 903 01 Senec (complete details are listed in the Contact section).
The supplier of goods and services offered in the e-shop www.merch.sk is also Merch s.r.o., registered office at Slávičia 10, 903 01 Senec (complete details are listed in the Contact section).

The buyer is any visitor to the e-shop who has placed an order via the e-shop.
For the purposes of Act No. 102/2014 Coll., a consumer is understood as a natural or legal person who does not purchase goods for resale to other persons or for business, employment, or professional purposes.

The e-shop is a publicly accessible computer system on the Internet that enables the ordering of goods or services.
Goods or services are all products displayed on the e-shop website.
An order is created by confirming the ordering process in the e-shop through the buyer’s selection of goods or services and completion of the order form.
The buyer fully acknowledges electronic communication, especially via the e-shop, e-mail correspondence, and telephone communication.

Article II.

Price

All prices listed for goods are final. Whether the prices include 23 % VAT is determined by the product display itself and by the information provided in Article I (2) and (3).
The seller is bound by the price shown on the e-shop website at the moment the purchase is made.

Article III.

Order

An order is created by confirming the ordering process in the e-shop through the buyer’s selection of goods or services and completion of the order form.
To process the order correctly, it is necessary to fill in all required information and choose the delivery and payment methods for the ordered goods or services.
By submitting the order, the buyer agrees to the price of the ordered goods and services, and the order thus becomes binding for the consumer.
A purchase contract is concluded once the order is confirmed by the seller. Any change, cancellation, or addition is possible only by mutual agreement between the buyer and the seller unless otherwise provided by law.
After creating an order in the e-shop, the buyer automatically receives an e-mail confirming that the order was received. This e-mail is not a confirmation of the goods as defined in paragraph 3 of this article.
By submitting the order, the buyer undertakes to pay the purchase price of the ordered goods.

Article IV.

Payment Terms

Payment for goods and services in the e-shop can be made as follows:

• Cash on delivery (payment directly to the courier or at the post office upon receipt of goods),

• Advance payment by bank transfer – goods will be shipped after payment is received on our account.

A gift voucher represents a prepaid monetary value that the buyer can use for purchases, provided sufficient credit remains. The validity date of the voucher is indicated on it. The nominal value can be agreed upon with the buyer.
Surcharges for the respective payment methods are listed in Article VI of these Terms and Conditions.

The seller may provide the buyer with discounts:

• a registration discount for signing up to the e-shop,

• a repeat-purchase discount,

• a one-time discount coupon.

Discounts cannot be combined.

Article V.

Delivery Terms

The seller is obliged to deliver the goods to the buyer within 30 days of the purchase contract being concluded, unless otherwise agreed or a longer delivery time is stated for the goods.
If the goods are in stock, they are dispatched as soon as possible based on capacity.
If an order includes multiple goods or services and part of them is out of stock, the buyer will be informed and offered options for partial delivery.
Invoices (tax documents) are sent exclusively electronically, pursuant to Act No. 222/2004 Coll. on Value Added Tax, § 71 (1)(b), in PDF format after payment for the order is received. If the buyer requests a paper invoice, it will be sent additionally by post.
The place of performance is the place to which the goods are delivered.

The seller delivers goods to the buyer via:
a) postal service,
b) courier company,
c) Zásielkovňa pick-up points.

Article VI.

Shipping, Packaging Fees, and Payment Options

Information on shipping charges and payment-service fees is available in the section Shipping and Payment Terms.
The seller may agree with the buyer on a different (non-standard) delivery or payment procedure, as well as different prices for these services.
The seller may send immediately available goods to the buyer and deliver the remaining part of the order later within the statutory period, provided that no additional postage is charged beyond what was included in the original order.

Article VII.

Transfer of Ownership

Ownership passes from the seller to the buyer only upon full payment of the purchase price for the subject of the contract.
For goods or services still owned by the seller, the seller reserves the right to handle any warranty claims only after full payment of the purchase price.

Article VIII.

Order Cancellation

The buyer has the right to cancel an ordered product or service within 24 hours of concluding the purchase contract without a cancellation fee for goods made to order according to the consumer’s specific requirements or specially for one consumer.

Article IX.

Consumer’s Right to Return Goods Without Stating a Reason and Consumer Information

Under Act No. 102/2014 Coll. on Consumer Protection in Distance and Off-Premises Contracts, the consumer has the right to withdraw from the purchase contract within 14 calendar days from receipt of the goods. If the subject of the contract is delivery of goods, the consumer may also withdraw before delivery.

To exercise this right, the consumer must deliver written notice of withdrawal in person or by mail no later than the last day of the withdrawal period to the seller’s contact address. After notifying withdrawal, the consumer must send or personally return the goods together with all documentation (original invoice, manual, etc.) no later than 14 days from withdrawal (§ 10 (1) of the Act).
We recommend that buyers keep a copy of the invoice and send goods as registered and insured shipments.
A withdrawal form is available: Withdrawal from the Purchase Contract.
Goods must not be sent by cash-on-delivery; such shipments will not be accepted.

The e-shop operator will refund the amount paid for the goods/service including delivery costs pursuant to § 9 (3) of Act No. 102/2014 Coll. within 14 days from receipt of the withdrawal notice, but not before the goods are received or the consumer proves dispatch, unless the seller has offered to collect the goods.
Return-shipping costs are borne by the consumer.
The right of withdrawal does not apply to goods and services listed in § 7 (6)(a–l) of Act No. 102/2014 Coll.
The consumer is responsible for any reduction in the value of the goods resulting from use beyond what is necessary to determine their functionality and characteristics.

Article X.

Rights and Obligations of the Contracting Parties

The contracting parties are the seller and the buyer.

The buyer shall:

• take delivery of the ordered goods,

• pay the agreed price to the seller,

• inspect the packaging and, if possible, the goods upon receipt.

The seller shall:

• deliver goods to the buyer in the required quality, quantity, and agreed price,

• provide or subsequently send all necessary documentation (invoice, warranty form, manual in the Slovak language, etc.).

Article XI.

Personal Data Protection

Personal data are processed in accordance with Act No. 122/2013 Coll. on the Protection of Personal Data, as amended.
The operator does not provide the buyer’s personal data to third parties except the transport company for delivery or to state authorities during inspections.
The operator collects the following personal data from the buyer: title, name, surname, address, delivery address, phone number, and e-mail address.
These data are processed solely for proper order processing.
The operator must protect personal data from unauthorized access in accordance with implemented security measures.

If the buyer consents to data processing for marketing purposes during registration, they agree to receive e-mails, phone calls, or addressed mail.
Personal data for marketing purposes (name, surname, phone, address, e-mail) are stored for five years.
The buyer may revoke consent at any time in writing by sending a Withdrawal of Personal Data Processing Consent; the data will then be blocked or deleted and no longer used for marketing purposes.

Article XII.

Compensation for Damage in Case of Non-Collection of Goods

The seller has the right to claim compensation for damages (under § 420 et seq. of the Civil Code) if the buyer ordered goods that were not canceled or withdrawn and subsequently failed to collect them from the carrier or, in case of personal pickup, did not collect them within the specified period.
By such conduct, the buyer breached their obligation under Article X (2)(a) to accept the ordered goods.
When determining the amount of compensation, the seller considers shipping costs, packaging, expedition, administrative expenses, and any other costs incurred in executing the order, and may also claim lost profit.
The seller may choose not to claim or to partially claim compensation.

Article XIII.

Final Provisions

The seller reserves the right to amend these General Terms and Conditions and the Complaint Policy without prior notice to the buyer.
If amended, the entire purchase process shall be governed by the Terms valid at the time the buyer submitted the order; these are available on the seller’s website.
The Complaint Policy forms an integral part of these Terms.
By submitting an order, the buyer confirms that they have read and agree to both documents.
These Terms were prepared as part of the nakupujbezpecne.sk certification project.
They are available for inspection at the company’s registered office and published on the e-shop website.

All matters not expressly covered herein are governed by the relevant provisions of Acts No. 40/1964 Coll., No. 250/2007 Coll., No. 102/2014 Coll., No. 122/2013 Coll., No. 22/2004 Coll., and No. 513/1991 Coll.

These Terms and Conditions, including their annexes, enter into force on January 1, 2016.

If the consumer is not satisfied with the manner in which the seller handled their complaint, or believes that their rights have been violated, they may request remedy from the seller.
If the seller rejects or fails to respond within 30 days, the consumer has the right under § 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution to submit a proposal for alternative dispute resolution.
The competent ADR body is the Slovak Trade Inspection (www.soi.sk) or another authorized entity listed by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s).
The consumer may also use the EU online dispute resolution platform at http://ec.europa.eu/consumers/odr/.
Information about any fees for filing a proposal is available on the website of the respective ADR entity.

In Senec, January 1, 2018
Ladislav Menyhart
Managing Director

Complaints and Returns Policy of the Online Store (E-shop)

(Integral part of the General Terms and Conditions)

Complaints may only concern goods purchased from the seller and owned by the buyer.
If ownership has not yet transferred to the buyer, the buyer may file a complaint only after full payment pursuant to § 151 of the Civil Code.

If the buyer is a consumer (a natural person not acting within their business or profession), a warranty period of 24 months applies unless stated otherwise, in accordance with the Consumer Protection Act and the Civil Code.
If the buyer is not a consumer, the Commercial Code applies and the warranty period is 1 year.
The warranty period begins on the date the goods are received from the carrier or, for personal pickup, on the day of collection.

The buyer must submit a complaint to the seller immediately after discovering a defect.
The warranty does not cover defects caused by:

• mechanical damage by the buyer,

• improper handling contrary to the user manual,

• use under unsuitable environmental conditions,

• neglect or insufficient maintenance,

• overloading,

• use contrary to documentation, general principles, technical standards, or safety regulations.

Damage caused by natural disasters or normal wear and tear (resulting from use) is also excluded.

The complained goods must be sent to our address according to the instructions in the completed form and confirmation e-mail.
Goods must be properly packaged to avoid damage during transport and sent as registered or insured mail.
Include a copy of the purchase document (invoice) and preferably a completed Complaint Form.
Complaints must be submitted in writing (by post).

The seller confirms receipt of the complaint and issues a written acknowledgment. The date of submission is the date of delivery to the seller.
If acknowledgment cannot be issued immediately, it must be delivered without undue delay, at the latest together with the complaint resolution notice.

The seller must determine how the complaint will be handled immediately, in complex cases within 3 days, or within 30 days if technical evaluation is required.
Once the method is determined, the seller will resolve the complaint without delay, but not later than 30 days from its submission.
After 30 days, the buyer may withdraw from the contract and receive a full refund or exchange the goods.

Buyer’s rights when claiming a defect:

• For a removable defect, the buyer has the right to have it removed free of charge, properly, and in a timely manner. The seller decides the method of repair. The buyer may request a replacement instead if this does not impose disproportionate costs.

• For an irreparable defect preventing normal use, the buyer has the right to exchange the item or withdraw from the contract (receive a refund).

A complaint is considered resolved once the goods are returned, replaced, refunded, or the claim is justifiably rejected.

The buyer must check that the goods and packaging are undamaged upon delivery, as transport may cause damage. We recommend opening the package and inspecting the goods in the presence of the courier. Signing the delivery note confirms the packaging was intact.

These Complaint Conditions form an integral part of the General Terms and Conditions, and the seller reserves the right to amend them at any time without prior notice.