Terms and conditions for e-shop Mountaindustry.com
The purpose of these terms and conditions is to define and specify the rights and obligations of the vendor (supplier) on the one hand and the buyer (customer, consumer) on the other. All contractual relationships between the seller and the buyer are closed in accordance with the legal order of the Slovak Republic. If the consumer is a party to the contract, legal relations not governed by these business conditions are governed by Act No. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. on Consumer Protection as amended, Act no. 108/2000 Coll.on consumer protection at home sale and mail order as amended. In the case where a contractor is an entrepreneur, legal relations governed by these business conditions are governed by Act No. 513/1991 Coll. Commercial Code as amended.
In these Business Terms.
“E-shop” means a computer program – an Internet application that is available in the Internet via the Mountaindustry.com website, the main functionality of which is the display, selection and ordering of goods by the User;
“Consumer contract” means a contract of sale, where both the supplier and the consumer are on the one hand;
“Seller” (supplier) means a person who, when concluding and fulfilling a consumer contract, acts in the course of his business or other business activity. It is an entrepreneur who offers or sells products or services to the consumer as well as an entrepreneur who delivers product to the buyer directly or through other entrepreneurs;
“Consumer” (buyer) is a person who purchases products or uses personal care services or for members of his household and who does not, when he concludes and performs a consumer contract, engages in business or other business;
Non-consumer buyer is a person who acts in the course of his business or other business when closing and performing a purchase contract;
Conclusion of a purchase contract – buyer’s order is a proposal to conclude a purchase contract. The actual purchase agreement is concluded at the moment of delivery of the seller’s binding consent to the buyer’s proposal for the purchase contract, ie a binding order confirmation by the seller. From then on, the reciprocal rights and obligations that arise between the seller and the buyer are defined by the purchase agreement and these terms and conditions. Business terms are an integral part of the purchase contract;
“Shopping Cart” means a part of an E-shop that is automatically generated by activating the relevant functions of the User in the context of its operation in the user’s E-shop environment, in particular by adding or removing the Goods; Services / or by changing the amount of the selected Goods or, services;
“Civil Code” means Act No. 40/1964 Coll., The Civil Code as amended;
“Operator” means Mountaindustry.com, with headquarters Mountaindustry
Urport Limited, 44 Langmere Close, Barnsley S70 6BQ;
“Access data” means a unique login name and a password assigned by the User to the E-shop database upon registration;
“Registration” means the electronic registration of the User into the E-shop database by filling at least the mandatory registration data in the E-shop user interface and the Access data and subsequently placing them in the E-shop database;
“User” means any legal or natural person who uses the E-shop;
“User Account” means the part of an E-shop that is unique to each User (ie unique to each User) and made available after entering the Access Data;
“Goods” means the thing offered to the Operator for sale to the User via the E-shop and, if offered to the Goods, as well as a license to use the item;
The process of contracting
An e-shop operator offers the User a Purchase Contract. The offer for the conclusion of a Purchase Contract by the Operator is the display of a button marked “Order with a Payment Obligation” in the E-shop user interface.
For the unconditional acceptance of the Offer by the Operator for the conclusion of the Purchase Contract, 2.1 of these Terms and Conditions by the User is deemed to be a click on the button marked “Order with a Payment Obligation”.
By unconditional acceptance of the offer under paragraph 2.2 of these Terms and Conditions is a Purchase Agreement.
The contract is closed when the electronic information about clicking on the “order with payment obligation” button is sent to the user through the Internet to the server where the E-shop is installed.
The user agrees to fill in the correct and complete data in the appropriate E-shop environment, especially by filling in his / her e-mail address, identification data and, if applicable, the shipping address. The User acknowledges that the Operator will reasonably consider the data provided by the Operator to be correct and complete and is not obliged to check the data provided.
The Operator will send to the User an e-mail message about the conclusion of the Purchase Agreement, to an email address entered by the User in the appropriate field in the user’s E-shop environment.
Contract of sale
The following provisions become effective upon the conclusion of the Purchase Contract:
The User buys from the Operator the Goods that the User has chosen in the user’s E-shop environment by inserting into the Shopping Cart in the amount that the User has chosen and / or set at the Goods in the user’s E-shop environment and the User undertakes to pay the Operator for given the Goods Price that is given for such a Trial in the user’s E-shop environment.
The Operator is entitled to withdraw from the Purchase Contract until the moment of dispatch to the User for any reason or for no reason whatsoever. Withdrawal from the Purchase Agreement is also considered to be the Operator’s legal act consisting in notifying to the User that the Goods ordered by him can not be delivered.
The Operator is entitled to ask the User for additional confirmation of the order at any time and is entitled to delay sending the Goods to the User before receiving the order confirmation from the User.
The Way of Packing the Goods is determined exclusively by the Operator.
The User is obliged to pay to the Operator the costs associated with the packing and delivery of the given goods to the User at the amount specified for the order in the user’s E-shop environment.
The user has the right to choose from the options displayed to the User in the user’s E-shop environment the way of payment of the purchase price for the Goods and, if necessary, other cash payments to the Operator.
If any of the payment methods contain information about the cost of making such a payment, the User is obligated to bear the costs of making this payment that are given for the payment in the user’s E-shop environment.
In the case of non-cash payment by bank transfer, the User is obliged to enter the variable symbol designated by the Operator.
In the case of a non-cash payment, the User is obliged to pay the purchase price at the moment of assigning the respective amount to the bank account specified by the Operator.
The operator has the right to grant the User a discount on the Goods. Discounts may be combined with each other unless expressly stated otherwise for a particular discount.
The purchase price for the Goods does not include any payments, fees, or other rewards that a User must incur for services rendered by third parties in connection with the payment of the purchase price for the Goods; these costs are the sole cost of the User.
The Operator reserves the right to the Goods, which is the subject of the Purchase Agreement, up to the full payment of the purchase price for the given Goods by the User.
The Operator undertakes to deliver the Goods to the User within a reasonable time after the conclusion of the Purchase Contract. All delivery times for the Goods listed in the E-shop user interface are for reference only.
The Operator will always send to the User a tax invoice – an invoice in electronic form, to the e-mail address of the User specified for the order in the E-shop User environment.
If the Operator is provided to the User with the Gift, the Gift Agreement between the User and the Operator is concluded with the condition that if the Purchase Contract is withdrawn, the given Gift Agreement shall be canceled without further notice from the beginning together with the Purchase Agreement and the User shall be obliged, together with purchased goods to the Pre-buyer to return the donation.
The Operator provides the User with a warranty on the Goods purchased if the warranty period stated for the given Tale in the user-friendly E-shop environment for the duration of the warranty period, and the warranty is only for Consumers.
Rights to defective performance are the User entitled to claim at the Operator at its registered office and / or business. At the moment of claiming the claim is considered the moment when the Operator receives from the User the Goods claimed.
If the user’s E-shop user’s environment is stated to be used in the given Goods, the User purchases the Goods in the used condition, including the specified defects of the Goods.
Danger of Loss, Damage and / or Destruction The Goods that are the subject of the Purchase Agreement are passed to the User who is the Consumer, the moment of taking over the Goods by the User.
Danger of Loss, Damage and / or Destruction The Goods subject to the Agreement are passed to the Consumer who is not the Consumer, the moment of taking over the Goods by the User.
The user has the right to establish a User Account Registration.
The user has the obligation to enter the Access data before entering the User Account.
The User ID entered upon the Registration is considered to be the data entered in the order of each Goods that the User makes after logging into his User Account.
The user may not provide third-party access data or any other access to the User account. The user is required to take all appropriate measures to keep them secret. The User is fully responsible for unauthorized use of such access data or User Account and for any damages caused to the Operator or third parties. In the event of loss, misappropriation or other violation of the right to use these passwords, the User is obliged to notify this fact without undue delay to the Operator. Within a reasonable time, the operator will provide the User with new access data.
The Operator is entitled to unilaterally modify these Business Terms and Conditions; the change is notified to the User through the E-shop and / or by e-mail to the User’s email address entered in the E-shop database. The User has the right to reject the Terms of Business within 10 days of first signing in to the User Account after notification of changes in the Terms of Service (in the case of delivery via E-shop) or delivery of the given email to the User’s mailbox (in the case of e-mail delivery) the obligation to terminate within 10 days of notice, which the parties agree to be able to conclude that they are sufficient to obtain similar supplies from another supplier.
Information for the Consumer
The consumer has the right to withdraw from the Purchase Agreement within 14 (fourteen) days of receipt of the Goods. In the case that the Purchase Contract is the subject of several Second Goods or delivery of several lots, this period shall run from the date of the last delivery of the Goods. Withdrawal from the Purchase Agreement must be made to the Operator (as the seller) within the time limit specified in this paragraph.
If the Consumer withdraws from the Purchase Agreement, he is obliged to notify in writing his bank account number for the refund of the purchase price for the Goods, which may be reduced if the legal grounds are met.
If the Consumer withdraws from the Purchase Contract in respect of the Goods, which returns the Damaged and / or Worn to the Operator, especially if the original Marks of the Goods (ie signs, stickers, etc.) are removed, the Consumer shall oblige the Operator to replace the Cost of the Goods.
In the event of the Consumer’s withdrawal from the Purchase Agreement, the Operator is obliged to return the Purchase Price to the Consumer without undue delay, no later than 14 days from the date when he was informed of the Consumer’s decision to withdraw from the Purchase Contract.
If the Buyer has received a Goods of Movable Goods under the Purchase Agreement, he is obliged to send it back to the Operator or deliver it to the Operator’s or Operator’s address without undue delay, no later than 14 days after the date of withdrawal from the Purchase Agreement. The period shall be deemed to be preserved even if the movable property is sent to the Operator at the latest on the last day of the aforementioned period.
The Consumer shall be liable to the Operator for the impairment of the Value of the Goods due to the handling of such Goods in a manner other than that necessary to understand the nature and characteristics of the Goods, including their functionality.
The withdrawal form from the Purchase Agreement is annex no. 1 of these Terms and Conditions.
The operator uses the option of out-of-court complaint handling of consumers. In the event of a complaint, Consumers may contact the relevant Operator at any time by email at email@example.com.
The Operator replies to the Consumer that the Goods are at fault-free download. This is not the case if the Purchaser is subject to defective goods, which is the Operator, if known to him, or in the light of all circumstances known to him, obliged to notify the Consumer.
If the Goods contains a defect, the Consumer has the right to require the delivery of the new Goods without any defects if this is not due to the nature of the defect or if it was the subject of the Purchase Contract. The Goods with defects which the Operator, if known, or taking into account all circumstances should have been known, he announced to the Consumer. If the defect relates only to the part of the Goods, the Consumer may require only the replacement of the given item of goods; if this is not possible, has the right to withdraw from the Purchase Agreement.
The right to deliver a new Goods or to replace a part of the Goods shall also be in the case of a defect that can be remedied if the Goods can not be properly utilized for repeated defects after repair or for a greater number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
If the Purchaser does not withdraw from the Purchase Agreement or does not exercise the right to deliver the new Goods without any defects or to exchange their parts or to repair the Goods, they may request an appropriate rebate from the price of the Goods. The Consumer is entitled to an appropriate discount on the Price of the Goods, even if the Operator can not deliver the new Goods without defects, replace their part or repair the Goods, as well as if the Operator fails to remedy the remedy in due time or if the remedy causes the Consumer considerable difficulties.
The right to defective performance of the Consumer does not belong unless the Consumer knew that the Goods had a defect before the Goods took over, or if the Consumer had caused the defect himself.
The liability of the Operator for defects in the Goods does not apply to the wear and tear of the Goods due to its usual use, in the case of the Sale sold at a lower purchase price for the defect for which the lower purchase price was agreed, the Tolerance used for the defect corresponding to the rate of use or wear that the Goods had at the takeover by the Consumer , or if it results from the nature of the Goods.
If a Guarantee is provided to the Goods, the Consumer has the right to assume responsibility for defective performance during the warranty period.
At the request of the Consumer, the Operator is required to provide the Consumer with a warranty card. If the nature of the Goods allows, it is sufficient, instead of the warranty card, to issue to the Consumer a proof of purchase of the Goods containing the information that must be included in the warranty card.
In the event that the Consumer makes use of his right to remedy the defects of the Goods by repairing it, in the case of Forfeiture where for the purpose of warranty repairs the entrepreneur is different from the Operator whose registered office or place of business is in the same place as for the Operator or at the place for the Consumer , the Consumer shall be entitled to a warranty claim with this entrepreneur.
Complaints made by the Goods, including the removal of defects in the Goods, must be provided without undue delay, no later than 30 days after the date of the claim, unless the Operator agrees to agree with the Consumer for a longer period of time. Upon expiry of this period, the Consumer has the same rights as if it were a material breach of the Agreement.
The deadline for complaint handling does not occur if the Operator has not received from the Consumer all the documents necessary for the handling of the claim until the materials have been delivered.
The operator or the designated entity, after having properly equipped the complaint, will prompt the Consumer to take over the repaired Goods.
The right to exercise the rights from the Tovaru defects shall expire in the case of improper installation or unprofessional introduction of the Goods as well as in the inappropriate treatment thereof, especially when using the Goods in conditions that do not correspond to their parameters with the parameter specified in the Tovar documentation.
Alternative dispute resolution
Customer – Consumers – has the right to contact the Seller-Seller with a request for redress by email at firstname.lastname@example.org if he / she is not satisfied with the Seller’s handling of his / her complaint or if he / she believes the seller has breached his / her rights. If the seller answers or fails to respond to this request within 30 days of its dispatch, the Consumer has the right to file a petition for alternative dispute resolution of an ADR entity under the Act 391/2015 Coll. ARS bodies are bodies and authorized legal entities under § 3 of Act no. 391/2015 Coll. The proposal may be submitted by the Consumer in a manner determined pursuant to § 12 of Act no. 391/2015 Coll.
The consumer may lodge a complaint through the RSO Alternative Dispute Resolution Platform, which is available online at: http://ec.europa.eu/consumers/odr/index_en.htm.
Alternative dispute resolution can only be used by a consumer – a natural person who does not take part in the course of his business, employment or profession when he concludes and performs a consumer contract. Alternative Dispute Resolution concerns only the dispute between the Consumer and the Seller arising from a consumer contract or consumer contract.Alternative dispute resolution applies only to long distance contracts. An alternative dispute resolution does not deal with disputes where the value of the dispute does not exceed EUR 20. The ARS may require a consumer to charge a fee for starting an alternative dispute resolution up to a maximum of EUR 5 with VAT.
The user in this sense, § 11 par. 1 of Act no. 122/2013 Z. z. (hereinafter referred to as “the law” in the relevant grammatical form), agrees with the collection, storage and processing of personal data of the User provided to the personal data controller, which is the Operator. The user further agrees that the personal data for the administrator be processed:
any employee of the trustee;
any contractor of the trustee;
This User’s consent is granted for an indefinite period of time.
The following purposes of processing personal data are set up by the operator as an administrator:
sending business manager bids;
providing personal data to third parties;
the inclusion of personal data in the database;
disclosure of personal data to third parties;
The User declares that he is aware of his / her rights under the Section 28 of the Act and declares that all data are accurate and true and are provided on a voluntary basis.
An Operator declares that it will collect personal data to the extent necessary to achieve the intended purpose and process it only in accordance with the purpose for which it was collected.
The operator declares that he / she will process the personal data as follows:
machine (automated) via computers and computer programs;
in written form;
This consent is free and is aware of the will of the User as the bearer of personal data, the content of which is the permission of the data subject to process them.
The Operator hereby informs User that it processes the User’s cookies, including persistent cookies, and the User hereby agrees.
The consent under the previous paragraph is granted for a period of 3 months / month.
The operator handles users’ cookies to personalize content and ads, use social media features, and analyze traffic. Operator Information on how the user uses the e-shop shares with its social media, advertising, and analytics partners.
Using the E-shop
The Operator hereby grants to the User a non-exclusive license to use the E-shop in the manner foreseen by these Business Terms and Conditions.
The operator has the right to change the E-shop, ie its technical solution and / or the user interface.
The Operator has the right to restrict or interrupt the functionality of the E-shop or access it for the time necessary for the maintenance or repair of the E-shop.
The user is obliged to observe the valid and effective legislation of the Slovak Republic and the European Community when using the E-shop. Any damage that would result in a breach of this User’s obligation to the Operator or to third parties has arisen to replace the User in its entirety.
In the event of a breach of these Terms of Business or Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.
The operator declares that data records in E-shops, such as the electronic system, are reliable and are performed systematically and are protected against changes.
Due to a technical error in the E-shop, you may see a purchase price for the Tare, the height of which does not correspond to the usual price for such Goods on the market; in this case, the Operator is not obliged to deliver the Goods for the displayed purchase price, contact the User and declare the actual purchase price of the Goods and the User has the right to decide whether to Accept the Goods for the actual purchase price and, unless this happens, the Purchase Contract is canceled from the beginning .
The User acknowledges that E-shoping photos may be illustrated or may have a distortive effect as a result of their conversion to the user’s technical means, so the User is always obliged to familiarize himself with the entire description of the Goods and in case of doubt contact the Operator .
The Operator’s Contact Details for Communicating with the User are listed in the E-shop user interface in the Contact section.
Right of withdrawal from the purchase contract
Buyer is entitled to withdraw from the Purchase Agreement without giving any reason in accordance with Section 7 et seq. Of Act no. 102/2014 Coll. On consumer protection in the case of distance selling (hereinafter referred to as the “Consumer Protection Act in the case of distance selling”) within 14 days of receipt of the goods, respectively. from the date of the conclusion of the service contract or the contract for the provision of electronic content not supplied on a physical medium if the Seller has fulfilled the information obligations in accordance with § 3 of the Act on the Protection of Consumers in the Sale at a Distance.
The buyer has the right within this time limit to unpack the goods and try it in the same way as is usual in buying in the classic “stone” shop to the extent necessary to ascertain the defects, properties and functionality of the goods.
The Buyer is obliged to send the goods back or hand it over to the Seller or the person entrusted with the Sale to take over the goods within 14 days of the date of withdrawal. This does not apply if the Seller proposes to pick up the goods personally or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to be preserved if the goods were surrendered at the latest on the last day of the period.
Withdrawal from the contract is not possible in the case of goods enclosed in a protective packaging which is not suitable for return for health or hygiene reasons and whose protective packaging has been violated after delivery.
If the Buyer has already accepted the ordered goods, he is obliged to return it in the original undamaged packaging. In case the Buyer returns the ordered goods damaged, partly consumed or not. in a condition which does not correspond to the condition in which the Seller was sent, acknowledges that the Seller is entitled to reimburse the resulting damage, which the Seller is obliged to prove, from the amount paid by the Buyer for the goods ordered.
At the same time, the buyer is obliged to provide the contact details and account number for which the amount for the ordered goods is to be paid by the seller. The seller is obliged to return it to the buyer without undue delay, within 14 days from the day of delivery of the notice of withdrawal any payments received by him or her under the contract. The seller is not obliged to return these payments to the Buyer before the goods are delivered to him / her or until the buyer proves the return of the goods back to the seller unless the seller suggests that the goods be picked up personally or through the person authorized to do so.
If the Buyer withdraws from the Purchase Agreement, it cancels it from the outset, as well as any supplementary contract relating to the Purchase Contract from which the Buyer has withdrawn. No costs or other payments may be claimed from the Buyer in connection with the cancellation of an ancillary contract other than the reimbursement of the costs and payments referred to in § 9 par. 3, ust. § 10 par. (3) and (5) of the Consumer Protection Act for distance selling and service charges, where the service is provided and the service has been provided in full.
Buyer shall bear the cost of returning the goods to the Seller or the person entrusted to Seller for the takeover of the Goods. This does not apply if the Seller has agreed to bear it himself or if he has not fulfilled the obligation under § 3 par. (1) i) of the Consumer Protection Act for distance selling.
The buyer is only responsible for the diminished value of the goods resulting from such treatment of the Goods which is beyond the treatment necessary to ascertain the characteristics and functionality of the Goods. The Consumer is not responsible for any impairment of the Value of the Goods if the Seller has not fulfilled the obligation to inform the Consumer about the right to withdraw from the contract pursuant to § 3 par. (1) h) of the Act on the Protection of Consumers in the Sale at a Distance.
In the event that the Buyer withdraws from the Contract and delivers to the Seller Goods that is being used, damaged or incomplete, the Buyer undertakes to pay to the Seller a value, which has decreased the value of the Goods in accordance with the provisions of Art. § 457 of the Civil Code in the actual amount and costs incurred by the Seller in connection with the repair of the Goods and their return to their original condition, calculated according to the price list for the (after) warranty service of the Goods. The Buyer is obliged to pay the Seller’s compensation, within the meaning of this Complaint and Trade Terms, for the difference between the Purchase Price of the Goods and the Value of the Goods at the time of withdrawal from the Purchase Agreement.
In accordance with the § 7 ods. 6 of the Consumer Protection Act for distance sales The buyer can not withdraw from the contract, which is subject to:
sale of goods made to the specific requirements of consumer goods made to measure or goods intended specifically for one consumer
sales of goods enclosed in a protective case that is not suitable for return due to health protection or hygiene reasons and protective coating was after delivery infringed
sale sound recordings, books or computer software marketed in the protective packaging, if the consumer has unrolled the packaging, the
provision of electronic content other than on a physical medium if its provision has been initiated with the express consent of the consumer and the consumer has declared that he has duly informed that he or she will lose the right to withdraw from the contract by expressing such consent.
the sale of goods which has been assembled, assembled or used in the time after the conclusion of the contract and the taking over of the goods from the seller to the buyer in such a way that its resumption to the original condition by the seller is not possible without incurring increased effort and increased costs, assembled or assembled furniture and the like.
Relationships not governed by these Business and Complaint Conditions are governed by the relevant provisions of the Civil Code, 22/2004 Coll. On electronic commerce and amending Act no. 128/2002 Coll. On state control of the internal market in consumer protection matters and on amendments and supplements to some acts, as amended by Act no. 284/2002 Coll., As amended and Act no. 102/2014 on consumer protection in the case of distance selling.
The supervisory authority is the Slovak Trade Inspection.
The consumer has the option to contact the Alternative Dispute Resolution Authority, which is (though only non-binding) entitled to assess any disputes between the Consumer as an E-shop customer and the E-shop Operator.
These business and claim terms take effect against the Buyer by entering into a Purchase Agreement.
These Terms of Business, as well as the Purchase Agreement, are governed by the laws of the Slovak Republic.
The effectiveness of
these Terms and Conditions shall be effective from the date of 01/01/2017.